Der Bundesrat hat am 21. Oktober 2015 die Eckwerte für die Anpassungen der geltenden „Too-big-to-fail“-Bestimmungen verabschiedet (siehe dazu Medienmitteilung des Bundesrates sowie Medienmitteilung der FINMA). Dabei hat er die Mindestanforderungen an das Kapital der systemrelevanten Banken quantitativ wie auch qualitativ erheblich verschärft. Going Concern: die Leverage Ratio für systemrelevante Banken beträgt neu mindestens 4.5 Prozent und für die risikogewichteten Aktiven mindestens 12.9 Prozent (für die beiden Grossbanken neu 5 Prozent bzw. 14.3 Prozent unter Berücksichtigung der progressiven Komponente). Zusätzlich wird der Anteil an erforderlichem hartem Kernkapital (CET1) markant erhöht und neu nur noch HT-Cocos (T1) angerechnet. Gone Concern: für die international tätigen systemrelevanten Banken wurden die Going-Concern-Anforderungen gespiegelt. Die Gone-Concern-Anforderungen sind mit Bail-in-Instrumenten…
Anpassung der „Too-big-to-fail-Kapitalanforderungen”
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GUEST POST: TIPS FOR SEPARATING PARENTS
No couple imagines that the vows they once exchanged would cease to ring true one day. But we are all human, and things happen. Relationships dissolve. Divorce is hard for every couple that has to go through the process, especially those who had children together. At the end of the day, you both want what is best for your children, but often that can get lost in the hurt and anger that surrounds the separation. However, with hard work and patience, you can have a healthy relationship with your ex, and you both can be happy with the new arrangement. Blended families work best when a divorce happens and small children are involved. You both need to be on the same page parent-wise, while also moving on with your lives in other aspects. Despite what you may think, this can be done. Working toward a happy arrangement with your ex, and each other’s future spouses, creates a happy environment for everyone. Plus, your kids will be relieved that you aren’t at each…
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Craig on The Ethical Identity of Sexual Assault Lawyers
Elaine Craig (Dalhousie University - Schulich School of Law) has posted The Ethical Identity of Sexual Assault Lawyers (Ottawa Law Review, Forthcoming) on SSRN. Here is the abstract: Despite progressive law reforms, sexual assault complainants continue to experience the criminal...
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"The Disproportionate Risks of Driving While Black"
From The New York Times: Documenting racial profiling in police work is devilishly difficult, because a multitude of factors — including elevated violent crime rates in many black neighborhoods — makes it hard to tease out evidence of bias from...
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Cooperating Terror Defendant James Ujaama Sentenced to Time Served
Long time terror defendant James Ujaama was finally sentenced yesterday. For his cooperation, he received a sentence of time served. I've been writing about him since his arrest in 2002. He was initially arrested in Denver as a material... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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MINNESOTA JUDICIAL TRAINING & EDUCATION BLOG TAKES SECOND PLACE IN NATIONS LARGEST COMPETITION FOR LEGAL BLOG WRITING.
WOW! From an initial field of more than 2,000 Legal Blogs, the MINNESOTA JUDICIAL TRAINING & EDUCATION BLOG has been awarded 2nd place in the Education category of the Expert Institutes Best Legal Blog competition, one of the nations largest competitions for legal blog writing. This award would not have been possible without the tremendous outpouring of support and votes submitted from all of you. The Blog thanks you as do I. From the more than 1100 current subscribers there was a huge last minute surge in votes to secure our 2nd place finish. Only the Wake Forest Journal of Business and Intellectual Law finished ahead of us. Given the fact that they have the financial resources to maintain a full staff of professors and law students, I am extremely happy with our 2nd place finish. ON A PERSONAL NOTE: As I am sure many of you have heard, due to a recent Minnesota Supreme Court decision, after 16 wonderful years on the District Court Bench I must…
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Jefferson-Jackson Dinner in Iowa
Tonight is the Jefferson-Jackson Dinner in Iowa. There are 100 days left before the Iowa caucuses. Hillary is coming on now. You can watch here. Bernie Sanders and Martin O'Malley already spoke. Katie Perry and Bill Clinton stumped with... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Alternative Dispute Resolution in Family Law Cases
In family law cases, people are often confused and worried about whether or not they have to have a trial. Many are nervous about testifying, the judge being mean, and/or having to sit across from the opposing party. Trials can be stressful, intimidating, and not conducive to a harmonious co-parenting relationship. Fortunately, there are other options for concluding a family law case that do not involve a trial. Here are a few ways that family law cases can be settled without the need for a trial: Arbitration: The arbitration process is the most similar of all the alternative dispute resolution options to an actual trial. It is usually less formal, but it still requires that both parties present their sides. After both sides have presented their cases, the arbitrator, much like a judge, deliberates and issues a decision. One of the big benefits of arbitration is that it is usually easier and faster to schedule than a family…
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FORT WORTH COURT OF APPEALS REJECTS POLICE ATTEMPT TO CIRCUMVENT FOURTH AMENDMENT IN TRAFFIC STOP
In October this year, the Second District of the Texas Court of Appeals at Fort Worth reversed a conviction in a Tarrant County DWI case on grounds having to do with the legality of the Fort Worth police stop that lead to the discovery of the evidence against the defendant. The Court of Appeals held that there were not sufficient circumstances to justify application of the “community caretaking” exception to fourth amendment protections that would otherwise make the stop illegal. The Fort Worth police officer was conducting “preventative patrol” when he pulled up to a light next to the defendant. The passenger was sitting “hunched over” in her seat. The officer thought that she might be unconscious and thus in need of medical attention, despite her riding with the defendant. The officer was concerned, based on her posture and on the odor of alcohol, that she could have been suffering from alcohol poisoning. The officer pulled the…
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Probation Violations in Michigan - Missing or Testing Positive for Alcohol or Drugs
As a Michigan Criminal and DUI lawyer, I sit in various courtrooms almost every single day, and often several times per day. I get the chance to watch more cases that you could count. An important part of what I do involves handling probation violation cases. Like so many of my other articles, the inspiration for this short installment is something I observed during the week this article was written. It was a busy week, and I was really all over the map in terms of cases and the various courts I had to visit. For some reason, an unusually large number of the matters I sat heard last week were probation violations, even though I had none on my own schedule. Again and again I heard people step up to allegations that they either drank alcohol, used drugs (particularly marijuana), or missed a test while on probation, despite having been specifically ordered not to do so by the Judge. In the world of probation violations, testing positive for alcohol and/or drugs, or missing…
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A Heartfelt Thanks | Law Office of James E. Novak
“Feeling gratitude and not expressing it is like wrapping a present and not giving it.” -William Arthur Ward The Expert Institute recently announced the results of their 2015 Best Legal Blog Contest. “Thank-you”. Though heard often, these two words carry the utmost sincerity, gratitude and appreciation. Thanks to all friends, friends of friends; family, extended families, and neighbors. Thanks to peers, peer networks; social media friends, connections, communities, and groups who voted and shared to their own friend networks and campaigned on my behalf. Thanks to all loyal readers of our blog. Thanks to all of you for whom I have not had the fortune of meeting, but still you voted, shared, and showed your support in the The Expert Institute 2015 Legal Blog Contest. Thanks to all the guest authors who have contributed to the Blog articles. You have added value, authority, and enriched the…
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Can Abusive Constitutionalism Be Checked?
David Landau & Rosalind Dixon, Constraining Constitutional Change, 51 Wake Forest L. Rev. (forthcoming, 2015), available at SSRN. Michael B. Coenen Changes to constitutional law do not always further beneficial ends. Sometimes, in fact, they do the opposite, with political actors utilizing mechanisms of constitutional law-making to consolidate their powers, entrench themselves in office, marginalize opposition, and otherwise undermine basic democratic values. Under these circumstances, a constitution can find itself in the perverse position of enabling rather than constraining abusive governmental action—subverting the very principles that it was originally intended to promote. Comparative constitutional scholars have puzzled over the question of how to prevent “abusive constitutionalism” of this sort. To date, they have focused largely on mechanisms of constitutional amendment, considering ways in which an existing constitutional regime might…
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Burglary, Instagram and Search Protocols
This post examines an opinion a U.S. District Court Judgewho sits in the U.S. District Court for the District of New Jersey recently issued in a criminal case: U.S. v. Gatson, 2015 WL 5920931 (2014). He begins the opinion by explaining that “[i]n a thirteen-count indictment, the Government charges Daniel Gatson with crimes arising out of an alleged scheme to burglarize homes and convert stolen goods into cash.” U.S. v. Gatson, supra. The judge does not include a detailed description of the events that, on July 17, 2014, led the Grand Jury for the District of New Jersey’s charging Gatson in the Fourteen–Count Second Superseding Indictment (the `SSI’) with conspiracy to transport and receive stolen property, in violation of 18 U.S. Code § 371, and interstate transport of stolen property, in violation of 18 U.S. Code §§ 2, 2314.U.S. v. Gatson, supra. An article posted on a local…
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In case involving kickbacks and unnecessary medical testing, Millennium Health pays $256 million
On October 19, the Department of Justice announced that the medical testing company Millennium Health has agreed to pay over a quarter of a billion dollars to settle allegations, first raised by whistleblowers, that the company submitted claims for medically unnecessary tests, and paid kickbacks to physicians for referrals. According to DOJ’s press release: Millennium Health, formerly Millennium Laboratories, has agreed to pay $256 million to resolve alleged violations of the False Claims Act for billing Medicare, Medicaid and other federal health care programs for medically unnecessary urine drug and genetic testing and for providing free items to physicians who agreed to refer expensive laboratory testing business to Millennium, the Justice Department announced today. Millennium, headquartered in San Diego, is one of the largest urine drug testing laboratories in the United States and conducts business nationwide. * * * As part of…
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How exactly to Include a to a Research Paper
Essay writing is really a part of English structure which really is a bit more straightforward to publish from other styles of essay writing reasonably. Than researching any subject to publish on there is a reflective essay based on any private experience rather. It’s unlikely less informative because in a reflective composition a writer shares his/ her distinct activities with respect to circumstances or the predicament being requested to talk about. A reflective composition studies all aspects of the shared encounter which is needed to be assessed http://essaycapital.net/essays-for-sale/ together with the writers perspective; it stresses largely about the emotions, the aspects that have been involved in offering this kind of circumstance, the elements which may have served in coping up with all the situation and further more the general experience of dealing with a challenging period. The negative and positive qualities are presented in a reflective composition. A essay…
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Predictive Policing: A Bad Example?
Connor Deleire, a Manchester, New Hampshire, 18-year-old, kept asking the police “why?” It was a damn good question, though he wouldn’t appear to be the best person to ask it. The problem was that he had a gun, another loaded magazine, so it might appear that it was a good call on the part of police, even though the gun was lawful. So why? Data, according to the police. Deleire was parked in a predictive hot spot. On October 20, Connor Deleire was sitting by himself in his parked 2000 Honda Accord on the north side of Merrimack Street near Union Street, part of an area deemed a “hot spot” by computer programs that predict where crime is likely to happen for the Manchester Police Department. The computer said so, and as everyone knows, computers don’t lie. So the police did what the computer told them to do. Officer Derek Cataldo spotted the teenager at 5:35pm. In order to determine if Deleire had a legitimate purpose for…
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“Are All Of Your Clients Innocent?”
No. There you have it. All my clients aren’t innocent. No beating around the bush from me. I won’t give you that frequently offered smug line, “All of my clients are innocent…until proven guilty.”(Even though they are legally innocent) As a criminal defense attorney, I do represent numerous “guilty” clients. “How can you defend those guilty people?”, many have asked. The answer is, “It’s actually easier to defend someone who is guilty.” To understand what I’m saying, imagine someone you care about was accused of a crime that she/he did not commit. Imagine feeling powerless over the police, prosecutor and judge. You want so desperately to make the charges go away, however, you can’t. Sleepless nights, stress, and anger all accompany this living nightmare. Who do you turn to? Me. While I can’t guarantee any particular result, I take on representation of your innocent loved one…
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Where Does FBI Director Jim Comey Stand on Reform Legislation?
At the Senate hearing on the Grassley-Durbin sentencing reductions bill a week ago, Paul Mirengoff picked up this quite revealing moment:[T]here was an interesting exchange regarding where James Comey, the head of the FBI, stands on this bill. During her testimony, Deputy Attorney General Sally Yates seemed a little cagey on this subject. So Al Franken asked her flat out where Comey stands (it took him two shots to ask this coherently -- Yates had to ask him for clarification after his first attempt).Yates answered that Comey supports "the goals of sentencing reform."Well, yes, I too support the "goals of sentencing reform," if those "goals" could be said -- as they could -- to bring about (1) a better world, (2) a peaceful life for everyone, and (3) the advancement of wonderfulness. It's not difficult to translate what Ms. Yates was actually saying. If Comey truly backed this legislation or anything like…
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Bill Would Reinstate Michigan's Ban on Sex Offenders Near Schools
10-26-15 Michigan: (MPRN-Lansing) A state Senator wants to reinstate Michigan’s ban on sex offenders near schools. In April, a federal judge struck down the law that said registered sex offenders must stay at least a thousand feet away from schools. He said the rule was unconstitutionally vague because it’s too difficult for people to figure out where the zones begin and end (Doe v Snyder).
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Increased Penalties for a High BAC
When it comes to a California DUI, sentence there is a difference between driving drunk and driving really drunk. It is not uncommon for a person to be caught driving drunk with a blood alcohol content of more than 0.15 percent. Unfortunately, it is also not uncommon for a person to be caught driving drunk with a blood alcohol content of more than 0.20 percent. When this happens, in addition to being charged with the normal California DUI charges under California Vehicle Code section 23152 (a) and 23152(b), the prosecutor will also include what is known as a “special allegation” in the complaint. As a result of the “special allegation,” the person arrested for a California DUI is now actually facing increased penalties. California Vehicle Code section 23578 sets forth the special allegation when a person’s blood alcohol content is 0.15 to 0.19 percent. “In addition to any other provision of this code, if a person is convicted of a violation…
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