A court in Mexico has granted a request filed by El Chapo's lawyers to suspend the order of detention for purposes of extradition entered Wednesday. (Use google translate). The request for a writ of amparo against the detention order was filed... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
El Chapo's Lawyers Obtain Suspension of Arrest Order for Extradition
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Aliverti on The Wrong of Unlawful Immigration
Ana Aliverti (University of Warwick - School of Law) has posted The Wrongs of Unlawful Immigration (Criminal Law and Philosophy, DOI 10.1007/s11572-015-9377-y (pp 1-18) (Online First)) on SSRN. Here is the abstract: For too long, criminal law scholars overlooked immigration-based...
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Creative Commons License
Arizona Common Law is now using a creative commons license for all the material on this website, created by me.1 The creative commons license does not extend to items which I do not create or write, such as the issue indices or write any of the case law. Those items are in the public domain. … Continue reading Creative Commons License → The post Creative Commons License appeared first on Arizona Common Law.
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No Wilmer, No Cry
There is crying in baseball, especially when it involves the Mets. Wilmer Flores, the Mets' promising young infielder, who has been with the organization for seven years (since he was 16 years old), received a standing ovation after grounding out. With the twitter-sphere all abuzz about a season-changing trade involving Flores and the Brewers' Carlos Gomez, the Citi Field crowd believed this was Flores' last at bat as a Met. When he went to field his position the next inning, upon hearing that he had been traded, Flores, understandably, became tearful. Turns out, though, reports of this trade were greatly exaggerated. In fact, there was no trade and Flores is still a Met. I was initially excited when I thought the Mets acquired Gomez (who they had traded years earlier as part of the deal that brought us Johan Santana), but I'm glad we still have Wilmer Flores, who could turn out to be a very good…
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City and Army entered into an agreement...cont
The Finch complaint alleged that the defendants improperly placed the infant in non-kinship foster care; failed to provide federally mandated preventive and reunification services; arbitrarily restricted visits between the infant and his grandmother; and failed to provide the infant with treatment for deafness. The policy in that case contained an endorsement with language identical to that contained in ISO Form CG 20-26 in that the City was qualified as an additional insured but only with respect to liability arising out of Talbot's operations. The policy also contained a clause that excluded from coverage any bodily injury due to the rendering of or failing to render any professional services. The insurer disclaimed coverage for the City arguing that the Finch allegations concerned actions undertaken by social workers in their professional capacities and thus fit completely within the professional services exclusion clause. The insurer further argued that the…
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Pedestrian Hit by Train, Still Have to Prove Liability
For a pedestrian hit by train, survival is unlikely. And if the pedestrian does live through the accident, it’s usually not without severe, debilitating, and permanently disabling injuries. In order for that pedestrian—or/and the pedestrian’s survivors to recover damages—they’ll have to prove the liability of the at-faulty party in a mass transit accident.Determine Who Was at FaultThe first step to any accident claim is determining who was at fault. If the pedestrian was at fault, then recovering damages (from a party other than the pedestrian’s insurance company) is unlikely.More often, though, another party is to blame for a pedestrian’s train accident.Another pedestrian (who pushed the victim)Another vehicle (that hit the victim, pushing him/her into the train’s path)A train operatorA train maintenance person or companyThe city (failure to maintain safe conditions for the pedestrian)Prove Negligence and Causation through…
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Kahan on Emotion in Criminal Law
Dan M. Kahan (Yale University - Law School) has posted Two Conceptions of Two Conceptions of Emotion in Criminal Law: An Essay Inspired by Bill Stuntz (prepublication draft of Kahan, D. M. (2011). Two Conceptions of Two Conceptions of Emotion...
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Three Areas of Law That Frequently Intersect with Family Law Cases
In addition to traditional family law issues, family law attorneys must be prepared to work with clients dealing with issues outside of the family law arena. Family law attorneys often encounter clients dealing with tax law, criminal law, and immigration law issues. It is important that a family law attorney is able to spot potential issues in other areas of law and either advise their clients of the potential problem areas, or be prepared, as necessary, to refer them to attorneys that practice in the other areas. Criminal law: family law cases can involve criminal law in a number of ways. Sometimes, a person’s criminal history can impact their parenting plan and/or their income potential. In some cases domestic violence is an issue that involves the criminal justice system. At Blair & Kim we have the advantage of having both family law and criminal law attorneys on staff. This helps us ensure that our clients that are dealing with both family law and criminal…
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„EU-Pass“ für Schweizer Vermögensverwalter?
Die europäische Wertpapier- und Marktaufsichtsbehörde (ESMA) veröffentlichte am 30. Juli 2015 die Empfehlung “ESMA's advice to the European Parliament, the Council and the Commission on the application of the AIFMD passport to non-EU AIFMs and AIFs”. Gemäß Artikel 67 Abs. 6 AIFM-Richtlinie (RL 2011/61/EU) ist die Europäischen Kommission ermächtigt, einen delegierten Rechtsakt zu erlassen, um den EU-Pass auf den Vertrieb von Nicht-EU-AIF in der EU durch EU-AIFM sowie auf den Vertrieb von AIF in der EU durch Nicht-EU-AIFM auszuweiten. Diesen Rechtsakt soll die Kommission auf Basis einer positiven Empfehlung der ESMA erlassen. Die ESMA hat das Aufsichtsregime der Schweiz als vergleichbar mit der AIFM-Richtlinie angesehen und schlägt die Schweiz – nach Inkrafttreten der Teilrevision des Börsengesetzes am 1. Januar 2016 - für den AIFMD-Drittstaatenpass vor. Demgegenüber hat die ESMA im Rahmen der…
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Single vehicle crash claims one near I-84/I-86 junction
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 8/1/2015 2:15 a.m. Please direct questions to the District Office On July 31, 2015, at approximately 6 p.m., Idaho State Police investigated a one-vehicle, fatality crash on Interstate 84, one mile east of the I-84 and I-86 junction. Marlyn Gaskill, 62, of Malta, and her passenger, Trenton Gaskill, 18, also of Malta, were eastbound on I-84 near milepost 223 in a Jeep Grand Cherokee. Marlyn drove off the left shoulder of the roadway, overcorrected, and lost control of the vehicle. The Jeep overturned in the median. Marlyn was not properly restrained in her seatbelt, and was partially ejected during the crash. She succumbed to her injuries at the scene. Trenton was…
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The Dangers of Night Knocking
The street name, Whispering Woods Lane, sounds quiet, calm and bucolic, though it’s a housing development in Sparta, New Jersey. Even so, knocking at the front door at 2 in the morning is jarring. That the three boys meant to knock at the door of the next house doesn’t make it less so. The people inside don’t know that the boys made a stupid mistake. They know that there is an unanticipated knocking in the middle of the night, when they’re asleep dreaming of perfect suburban lawns. They know that the knocking woke them up. They know that there is pretty much nothing good coming from the knocking, and potentially something pretty bad. Memo to 18-year-old kids: make sure you knock on the front door to the correct house at 2 a.m., because otherwise somebody is going to be pretty pissed at you. But then, the boys also didn’t know that the guy coming to the door to answer the knock was Kissinger Barreau, a New Jersey…
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"D.A.R.E. accidentally endorses marijuana legalization"
The title of this post is the headline of this new Washington Times article, which I find esepcially amusing because I did not think it was possible to "accidentally endorse" anything. Impossibilities notwithstanding, here are the details: The substance abuse prevention education program D.A.R.E. says it has not changed its...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/V6PrNznpMKE" height="1" width="1" alt=""/>
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Latest reform news means still more waiting for those eager for federal sentencing reform
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The Other Mob (and the hypocrites who hate it)
At Vox, Max Fisher did a number on the mob. No, not the mob that most people hate, but the other mob, the one born of righteous anger, and the occasional fun of destroying someone, on the internet. It was putatively about the mob that went after Cecil the Lion killer Walter Palmer, but as the post fleshes out, it becomes clear that Palmer was just the hook. This should look familiar: It is the same set of tactics that has been used in online harassment campaigns such as the “Gamergate” movement that targeted women in technology, or the seemingly endless online harassment conducted against female journalists. It is a growing trend of internet mob justice, one that often bleeds into real-world harassment with real-world consequences. We as a society deemed campaigns such as Gamergate unacceptable and rejected their proponents as harassers who crossed the line. I don’t know what “we as a society” Fisher thinks he’s entitled to…
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Could medical marijuana developments in Nevada and New York be game-changers?
Marijuana reform advocacy groups and many others tend to focus these days particularly on the handful of jrisdictions experimenting with full legalization of marijuana. But I continue to think that the broad spread of state medical marijuana reform and the varied regulatory regimes in many states has the greatest short-term...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/aTTwcAaGLTU" height="1" width="1" alt=""/>
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Symposium Introduction: "Vulnerable Defendants and the Criminal Justice System"
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Michigan Driver's License Restoration, DUI and Criminal Lawyer - Hire by Phone
Over the last few years, I have had an increasing number of clients retain me over the phone, before they ever even meet me or come to my office. This article, like the previous, will be another departure from my usual informational installment, because instead of talking about Metro Detroit-area DUI cases or Michigan driver's license restoration appeals, I will examine things from my side of the desk, and the somewhat new way that I'm being hired. What's so interesting to me is that I had nothing to do with this. I never "offered" it as an option. Instead, it grew out of this blog, more than anything else, and is really a thing of its own creation. My website and this blog contain a lot of genuinely useful information about DUI, driver's license restoration and criminal cases. In the criminal setting, I have a rather eclectic concentration in DUI (drunk driving), DWLS/DWLR, embezzlement and indecent exposure cases. I publish 2 articles…
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Thousand Oaks DUI Checkpoint Tonight
DUI Checkpoint Tonight in Thousand Oaks The Ventura County Star reports today that officers from the Thousand Oaks Police Department (Ventura County Sheriff's Deputies) will be conducting a DUI/sobriety checkpoint tonight from 9 p.m. until tomorrow at 3 a.m. The purpose of the checkpoint is to look for people driving under the influence of alcohol and to check for driver's licenses. Don't give the cops a reason to pull you over. If you are out in Thousand Oaks tonight, don't drink. Make sure your driver's license is valid and in your possession and make sure that your vehicle is in proper working order. I just found out yesterday that unbeknownst to me, my vehicle registration was expired. This is a reason for police to pull over my car, any time of the day or night and conduct further investigation. Don't give the cops this kind of chance. Make sure your tags are current, all your lights are working, there's nothing hanging from your…
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ISP investigates vehicle vs. bicyclist crash in Pocatello.
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 8/1/2015 - 10:00 a.m. Please direct questions to the District Office On Saturday, August 1st, 2015, at approximately 7:43 a.m., Idaho State Police investigated a crash between a vehicle and a bicyclist in Pocatello. Sharon Wolfe, age 59, of Pocatello, was driving a 2000 Honda Odyssey eastbound in the 8300 block of Buckskin Road. Chris Johnson, age 42, of Pocatello, was riding a bicycle westbound on Buckskin Road. As Wolfe was turning left into a driveway on Buckskin Road, Johnson collided with her vehicle. Johnson was wearing a helmet. He was transported to Portneuf Medical Center in Pocatello. SC / KM -------------
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Ten Pounds of Meth, Disguised as Candy, Seized in Broward
Candy can definitely give you a sugar rush, but as our Delray Beach and Fort Lauderdale drug crime defense attorneys can imagine, it's nothing like the manic rush initiated by consuming methamphetamine, an extremely addictive and highly illegal stimulant drug. Despite the radical difference between candy and meth, the latter is sometimes disguised as the former as a way to bypass law enforcement officers. However, such a stunt failed recently in Broward County, when agents from multiple law enforcement groups, during a sting in Lauderhill, discovered 10 pounds of methamphetamine packaged to look like candy. The sting kicked-off a drug case which highlights the fact that concealing illegal drugs is hard to do, especially when law enforcement officers are wise to the tricks employed by traffickers. The case, which we will discuss in this blog, also underscores the severe punishments awaiting anyone convicted of providing mere assistance to the drug transaction.
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More Pages to Explore .....
