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Legal Tech Never Learns

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Who said this? Likewise, technology can now drive and facilitate business development in a way it previously hasn’t – using data analytics to help firms best position themselves in a hyper-competitive environment. A.  A Y Combinator alumnus. B. A successful entrepreneur in the legal space. C. A person in charge of legal news and commentary. D. A lawyer. E.  All of the above. It was David Perla, the president of Bloomberg BNA Legal. Bloomberg BNA Legal solutions combine trusted news and expert analysis with comprehensive business intelligence and cutting-edge technology. If that doesn’t scare the crap out of you, you aren’t a lawyer.  This isn’t the way lawyers speak, adopting the meaningless jargon of business to fudge one’s way through the anything remotely resembling actual information.  And if that’s the president of an enterprise that purports to provide legal news and commentary, even with a thick layer of tech…

Appellate Court: Plaintiffs Offered No Proof NSA Violated Their Rights

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“Plaintiffs must realize that secrecy is yet another form of regulation, prescribing not ‘what the citizen may do’ but instead ‘what the citizen may know.’”  US Appellate Court Judge Janice Rogers Brown “…the public has no interest in saving the government from the burdens of complying with the Constitution.”  US District Court Judge Richard Leon […]

Man Complains to Police After Marijuana Plants Confiscated

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As our West Palm Beach and Fort Lauderdale drug crime defense lawyers know, you should feel safe, (even encouraged) calling the police if you believe something has been stolen from you -- that is, of course, unless the items you're complaining about having been robbed of are illegal drugs. As a man here in Florida learned the hard way earlier this month, going to the local police department to report stolen marijuana plants (still illegal in the Sunshine State) will only lead to trouble. Given the facts of this particular case, it seems that the Jacksonville man should have known that his report to the police would not go routinely: he went in to the police station complaining that police officers had stolen his marijuana.

"Federal Drug Sentencing Laws Bring High Cost, Low Return"

"Is It Ethical to Chemically Castrate a Child Sex Offender?"

“They’ve already taken my husband. I’m not going to succumb to fear.”

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“They’ve already taken my husband. I’m not going to succumb to fear,” wife of disappeared Lao agriculture specialist tells audience. How does one suddenly disappear from a busy city street? In 2005, in recognition of his community leadership, Sombath Somphone won the Ramon Magsaysay Award, considered Asia’s Nobel Prize.  Sombath has played a key role in supporting the development of civil society in Laos.  Sombath founded the Participatory Development Training Centre in 1996 to promote education, leadership skills and sustainable development in Laos. In 2012, seven years after winning the prestigious Ramon Magsaysay award, Sombath disappeared. Sombath “disappeared” on December 15, 2012 following a police stop at a checkpoint in Vientiane, Laos.  On the evening of his disappearance, he left his office, driving in his car.  He drove behind his wife, Ng Shui Meng, who was in another car.  That was the last she saw…

FAILURE TO PROVIDE EVIDENCE IMPACTS OHIO DUI/OVI CASES

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DUI/OVI cases are litigated within a framework of rules. Some of those rules regulate the exchange of evidence between the prosecution and the defense. That exchange of evidence is the ‘discovery’ process. The rules for discovery are found in state and federal law, and the intricacies of the rules are fleshed-out in court decisions interpreting the rules. A prosecutorial violation of the discovery rules may significantly impact a DUI/OVI case. An example of a prosecutorial discovery violation comes from a New Jersey police officer’s drunk driving case. In that case, the off-duty officer was charged with driving under the influence after crashing through the wall of a store, according to NJ.com. His attorney requested discovery from the prosecutor, including a copy of the manual for the blood-testing procedure and audio recordings of police communications related to the case. Seven months after the discovery request was made, the prosecution had not provided…

How Bankruptcy Affects Your Credit Report

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Bankruptcy is the legal process that an individual or family may complete in order to have their qualifying debts discharged.  When debts are discharged, the family no longer has to pay them and the bill collectors have to stop contacting them – which sounds like very good news to a lot of Georgians who are having trouble meeting their monthly bills. Now, while it is true that bankruptcy carries significant benefits for many people, it can also have long-lasting consequences especially for a person’s credit report.  Since your credit report is reviewed by lenders when you try to buy a car, rent an apartment, or take out a mortgage, it is essential that you understand exactly how filing for bankruptcy can affect your credit report – and how long these effects are likely to last.  Read on to learn more about this critically important issue. How Long Will the Bankruptcy Case Stay on My Report? A bankruptcy case will stay on your credit report for…

Can I Be Discriminated Against for Filing Bankruptcy

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The decision to file for bankruptcy is a very personal and private decision.  Many Georgians have wisely sought the advice of bankruptcy attorneys to help them make an informed decision on whether filing for bankruptcy is the best solution to their financial problems.  Now, that being said, once a bankruptcy case is filed it is no longer personal nor private because bankruptcy cases are matters of public record.  This means you’re your friends, family, or employer could look up your bankruptcy case. Since it is relatively easy to find out if someone has filed for bankruptcy, many clients are concerned about the possibility of suffering discrimination in the future on account of their bankruptcy case.  Read on to learn more about this critically important issue. Can the Government Discriminate Against Me? The short answer is no: the federal, state, and your local/regional government cannot discriminate against you.  In fact, it would be illegal for…

[VIDEO] Will Virginia Shoplifting go Away by Paying The Store?

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If you’re charged with shoplifting, definitely contact me so we can discuss your case and how I can help you with it. Video Transcription Hello, my name is Andrew Flusche. I’m your Virginia misdemeanor lawyer. If you’re charged with shoplifting, can you just pay everything back to the store and have the case dropped? Let’s find out. It really depends upon the store in question. A lot of stores have policies, where essentially once the police are involved, and charges and pending, they’re not going to be willing to just drop your charge even if you make restitution and pay for whatever you’re accused of taking. The reason being is that, they want to draw a hard line against shoplifters. Unfortunately, that’s the way it works in a lot of cases. However in some scenarios, is some stores, or restaurants, it may be possible to make restitution to the establishment and get them to agree to drop the case. What we can do sometimes, is do…

Final Update: Single vehicle crash near Blackfoot

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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: 8/29/15 3:20 p.m. Please direct questions to the District Office ***Update*** On August 29, 2015, at 5:20 a.m., the Idaho State Police investigated a single-vehicle, fatality crash southbound I-15 at milepost 93, near Blackfoot. Gonzalo Lopez-Vasquez, 32, of Wimauma, Florida, was traveling southbound in a 2001 Ford Explorer when he went off the right shoulder, overcorrected, and rolled into the median, where the vehicle came to rest on its roof. Lopez-Vasquez's passenger, Meso Reymieri, 36, of Guatemala, was ejected from the vehicle, and succumbed to his injuries at the scene. Lopez-Vasquez was located a half mile from the crash, and was transported by ground ambulance to…

Don’t Take the Bait! Fighting Connecticut Arrests for Criminal Violation of Protective & Restraining Orders through Email, Social Media & Facebook Messaging

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Top Stamford and Greenwich Connecticut criminal lawyers and attorneys are frequently asked the same question: will an accidental or harmless Facebook message, Instagram, email or text message to your spouse or family member get you arrested in Connecticut for violating a Connecticut restraining order or Connecticut protective order.   If it’s a Connecticut full no contact protective / restraining order, then the answer is a resounding YES. When the Norwalk, Stamford, Bridgeport or Danbury Connecticut domestic violence courts order a “Full No Contact” protective order against you, there is zero tolerance or margin for error. Even the most harmless, trivial or accidental text message or email can get you arrested in Stamford, Greenwich, Wilton, Darien, New Canaan or Fairfield Connecticut for Criminal Violation of a Protective Order under CGS 53a-223, a Class D felony with a maximum 5 year jail sentence. So how can you fight arrests in Stamford, Norwalk,…

Binder on Applying Criminal Law in Disasters and Tragedies

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Denis Binder (Chapman University, The Dale E. Fowler School of Law) has posted The Increasing Application of Criminal Law in Disasters and Tragedies: A Global Phenomenon on SSRN. Here is the abstract: Prosecutors have become aggressive in recent years in...

Freedman on Habeas Corpus as a Legal Remedy

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Eric M. Freedman (Hofstra University - Maurice A. Deane School of Law) has posted Habeas Corpus as a Legal Remedy (Northeastern University Law Journal, Vol. 8, 2016) on SSRN. Here is the abstract: This is the second part of a...

Selbstleseverfahren, Band 125

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Unser 770. Beitrag ist unser juristischer Wochenrückblick im Selbstleseverfahren, Ausgabe 125 Foto: PlaceIt.net Jurastudent lässt Demoverbot in Heidenau aufheben Anja Sturm: Freier Fall Die Zahlentricks der Hamburger Justizbehörde Gysi: Weisung zur Erhebung der Anklage nicht bestätigt Juristin über Textildiscounter und Tote Drogenhandel aus dem Kinderzimmer Willkommen! Im gelobten Land Highlights sprachlicher Minderleistung: In dubio torero Der Kampf gegen die Zeitknappheit Auf den Altar des Opferschutzes, oder: Akteneinsicht für die Nebenklage The Facebook Of Shame Diese „Tatorte“ werden für Aufsehen sorgen Too Many Law Students, Too Few Legal Jobs — Hinweis: Wir haben unsere Feed-Adresse aktualisiert: http://www.strafakte.de/feed/ Bitte aktualisieren Sie die Adresse demnächst in Ihrem Feed-Reader, um sicherzustellen, dass Sie auch weiterhin den Feed erhalten. © Strafakte.de: Twitter — Facebook…

EFD und FINMA eröffnen Anhörungen zu den FinfraG-Ausführungserlassen

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Das Parlament hat am 19. Juni 2015 dem Finanzmarktinfrastrukturgesetz (FinfraG) zugestimmt, welches vorbehältlich eines Referendums bis zum 8. Oktober 2015 am 1. Januar 2016 in Kraft tritt. Am 20. August 2015 hat das Eidg. Finanzdepartement EFD die Anhörung zur Finanzmarktinfrastrukturverordnung (FinfraV) eröffnet. Die FinfraV konkretisiert namentlich die Bewilligungsvoraussetzungen der Finanzmarktinfrastrukturen und die Pflichten der Finanzmarktteilnehmer beim Derivatehandel. Die FinfraV soll gleichzeitig mit dem FinfraG in Kraft treten. Gleichzeitig mit der Anhörung zur FinfraV wurde die Anhörung zur Finanzmarktinfrastrukturverordnung-FINMA eröffnet, welche die Ausführungsbestimmungen zur Meldepflicht für den Effektenhandel, zur Abrechnungspflicht von Derivaten sowie zum Bereich Offenlegung und Übernahmen. Die Anhörungen dauern beide bis zum 2. Oktober 2015. Claude Ehrenspergerhttp://www.lawblogswitzerland.ch

An Epidemic Too Far?

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It’s been less than inspirational to see Mario’s little boy, Andy, trying desperately to keep up with California’s Governor Brown in trying to pander to the tough-on-crime and neo-feminists at the same time.  Why can’t New York be leader on the road to perdition, Andy?  Oh right, because someone has to tip you off as to which progressive concerns are at the top of today’s agenda. But in his rush to prove Berkeley isn’t the center of the universe of crazy, did New York Governor Andrew Cuomo, in his excess of zeal to win the hurt hearts of neo-feminists, take it a step too far? A law signed by Governor Andrew Cuomo last month allocates $4.5 million for what officials have said is a first-in-the-nation police unit that will train college officials and local police units to respond better to sexual assaults on campus. The law, which has been touted as the most progressive in the country, also requires all colleges in…

The End of Seriousness

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I was initially going to introduce this post as off-topic, but on second thought, it is regrettably relevant to C&C's subject matter.  We deal here with crime and punishment.  These are serious topics, and discussing them presupposes a level of seriousness in the conversation.There is now evidence that the level of seriousness needed for intelligent debate has vanished  --  or, more correctly, has been forfeited.  You will not be surprised to learn that the origin of this step back to ignorance originates in academia.The University of Tennessee  --  hardly a fly-by-night operation  --  is now urging its students to pretend that they cannot tell the difference between boys and girls, and, if they must pretend they know it anyway, that their speech elide the distinction.Here's the start of the story:In the boldest endorsement of a growing national trend, the University of Tennessee is urging incoming students and teachers…

Explaining The Law of Cop Killing, Well-Intended and Wrong

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In many respects, it’s far easier to deal with an article that is wildly off-base when it comes to excusing the killing of unarmed citizens by police than it is to address an article that tries so very hard to get it right, to discuss the law, and despite good intentions, just doesn’t get it. Jason Lee Steorts, the managing editor of National Review, wrote an article for the Atlantic.  And he just doesn’t get it. Whether a person is dangerous, and how dangerous he is, is rarely easy to determine. Combine that uncertainty with a low tolerance for risk on the part of both officers and the use-of-force laws that govern their actions, and the result is speculative police killings: cases in which people are made to forfeit their lives on the basis of little more than guesswork about what they might do. Well, yes and no. This would be a more viable descriptor if an objective requirement of dangerousness was a critical factor.  And to someone looking…

OUI Drugs conviction overturned by Appeals Court in recent case

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OUI drug charges can be difficult for the Commonwealth to prove. This was evident in the recent case of Commonwealth v. Sousa, decided last week. In this case the defendant was convicted of OUI drugs and negligent operation of a motor vehicle after a bench trial in the Malden District Court. Bench trials are very common for an OUI drugs charge given the technical nature of the evidence and defenses. After the guilty verdict, this case was brought to the Appeals Court. The defendant had appealed his conviction because he had believed that the Commonwealth presented insufficient evidence that the defendant was, in fact, under the influence of a prohibited substance.  In reaching its decision, the Court relied on the decision of Commonwealth v. Ferola, which also found that the Commonwealth must presented particular evidence as to the substance it is alleged that a defendant is under the influence of to support a conviction. Summary of the Case The defendant Sousa was pulled…
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