Shahar Dillbary (University of Alabama School of Law) has posted Causation Actually on SSRN. Here is the abstract: The article debunks the consensus that in concerted action, concurrent causes and alternative liability situations, the actual causation requirement is missing. While...
Dillbary on Causation
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Zatz on Criminal Enforcement of Child Support Obligations
Noah Zatz (University of California, Los Angeles (UCLA) - School of Law) has posted A New Peonage?: Pay, Work, or Go to Jail in Contemporary Child Support Enforcement and Beyond (Seattle University Law Review, Vol. 39, No. 3, 2016) on...
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Trump Calls for Apple Boycott
Donald Trump, calls for a boycott of Apple because it won't turn over the encryption code to the San Bernadino shooters' phone. While his views on Apple are about as important as one grain of sand is to a whole beach, his views as a whole... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Obama Signs New Anti-Torture Bill
Just before thanksgiving last year, President Obama signed the new anti-torture bill. This new bill ensures that future interrogations by law enforcement will avoid use of torture. For the vocal critics of torture and other questionable counter terrorism acts, Obama’s bill is a welcome sign that the US is moving forward with rights of prisoners, irrespective of the circumstances of war.The provision signed in November 2015 dealt specially with Federal interrogation techniques. This provision was needed to facilitate the banning of the regular practice of torturing prisoners during interrogations.This provision may also prove to be useful in case the executive ban is over-turned by the next incoming president. Already, Republican candidate Donald Trump has vowed to approve water boarding to fight terrorism.The new bill could be a game-changer as it limits all interrogation to techniques found in the Army Field Manual 2-22.3 (AFM). Unfortunately most of the media and…
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US v. Apple: The Government Seizes The Narrative
Although Apple had yet to submit a piece of paper in response to the warrant granted by Magistrate Judge Pym, the government made a tactical decision to pre-empt its response by filing a motion to compel Apple to comply. Its justification for jumping the shark? Rather than assist the effort to fully investigate a deadly terrorist attack by obeying this court’s order, Apple has responded by publicly repudiating that order. In itself, this is a remarkable claim. After all, Apple has retained counsel to represent its interests in this matter, and its lawyers have yet to express Apple’s legal position. Public announcements, such as Tim Cook’s letter to Apple customers, are of no legal significance, and Apple’s opportunity to respond to the initial warrant had not elapsed. But the government saw the opportunity, and seized it. The motion to compel is a brilliant tactical move by the government. Rather than allow Apple the opportunity to…
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It’s A Hard Knock Life, At Brown
Picking battles is often one of the most difficult things to do when everything, everything, provokes outrage and offense. In the war over the Harvard Law School shield, the trauma of the Royall family’s history as slave owners compelled some students to demand its eradication. They demanded a “debate.” Over the past few months, many have accused student activists from Cape Town to Cambridge of engaging in polemic behavior and creating hostile campus environments. Critics have argued that, in doing so, activists are killing productive discourse, ignoring the implications of the sound of silence, and exploiting terms like “white privilege.” In conversation last Monday, Professor Nesson described the recent debate about changing the HLS shield given its ties to slavery as an opportunity to distinguish ourselves from polemic student protests—we could set the standard for a dialogic process and protect its legitimacy. Except…
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The Path to the Democratic Nomination (2008 Edition)
I just came across a post I wrote in 2008 quoting a Hillary Clinton campaign press release on Feb. 13, 2008 titled "The Path to the Nomination." It included the following: After Iowa, every poll gave Barack Obama a strong lead in New Hampshire,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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South Carolina: Time for Republicans to Vote
It's finally time for Republicans to vote in South Carolina. Last minute predictions? Time Magazine reports: For Republicans, South Carolina offers 50 pledged delegates, about 2% of the convention total, of which 29 will will be awarded to... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Drunk Driving Defendant Now Working with his Prosecutor
According to a recent news feature from KHOU, a man convicted of drunk driving involving a fatal accident in 2012 is now working with the prosecutor who handled his case to help fight drunk driving and alcohol-related traffic accidents. Defendant was arrested around Christmas in 2012 when he was involved in the fatal drunk driving accident. He said he had just put gas in his truck and went to his house to drink a few beers he had at home. After drinking, he got behind the wheel of the pickup, along with two friends traveling as his passengers. The man seated next to him was his best friend. He has said that all he remembers was driving past a convenience store, as he blacked out and did not reawaken until he found himself in his mangled pickup truck. He later learned that he had crashed into a utility pole. His best friend died upon impact in the fatal drunk driving accident, and his friend in the rear of the cab was seriously injured. Defendant also suffered substantial…
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Nevada Caucus Day: Immigration Matters
Today is caucus day for Nevada Democrats. Will Nevada Latinos buy into Bernie Sanders? Or will they take a pass? Nevada civil rights activist Dolores Huerta is pushing hard for Hillary. She says Bernie Sanders is a spoiler on immigration. ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Sixth Circuit Finds No Remmer Violation and Rejects Johnson Challenge in Death Penalty Appeal
In United States v. Taylor, a jury in the Eastern District of Tennessee convicted Defendant Rejon Taylor of carjacking and kidnapping that both resulted in death and of using a firearm to commit murder while committing the referenced offenses. The jury recommended a death sentence, which the district court imposed.One of the more interesting issues Taylor raised on appeal was his claim that the district court should have more strenuously questioned a juror who had admittedly heard a newscast replaying certain recorded calls he made from jail, including one call where he referred to the jurors as “racist rednecks.” After the Government attempted to introduce such statements in Taylor’s sentencing, Taylor moved for a mistrial and asked the district court to conduct a Remmerhearing and question each juror individual about their exposure to the remark. The district court agreed with Taylor’s request to interview the jurors, and it subsequently…
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Crash On State Highway 39 near Springfield
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: 2/20/2016 8:30 a.m. Please direct questions to the District Office The Idaho State Police is currently investigating a two-vehicle injury crash with complete blockage of the southbound lanes of State Highway 39 at approximately milepost 30 in Bingham County. More information will be released once available. KL/MC -------------
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Saturday Open Thread (Non-Election Edition)
Why am I watching the Late Late Show with James Corden for the third time this week (having never seen it before?) Because he's so happy. I'm serious. I'm really tired of bickering, negativity and Republicans. And bedtime has to be... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Recent Developments in Internet Scrubbing Law – Getting Your Connecticut Online Arrest Report Removed Off the Internet & Search Engines
As many of the best Stamford, Greenwich, Wilton and Darien Connecticut criminal lawyers and attorneys are realizing these days, getting your Connecticut arrest dismissed in court is just half the battle. These days, getting your Stamford, Greenwich, Wilton and Darien Connecticut online arrest report offline and removed from the internet and search engines is now just as important as fighting the underlying arrest itself. Online reputation management could not be more critical these days. Employment background checks start with Google and Yahoo searches, and with online police blotters continuing to be the most frequently viewed pages of these online newspaper websites, it’s no wonder that the top Stamford, Greenwich and Connecticut criminal lawyers and attorneys are getting more and more calls about how clients who earn dismissals in court can get their arrest reports taken offline. So are the best Connecticut internet law firms actually having success in removing online…
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SJC Expressly Overrules Holyoke Judge’s Attempt to Impose Commonwealth Capped Pleas on Trial Dates in District Court
In a recent decision, Charbonneau v. Presiding Justice of the Holyoke Division of the District Court Department, the Supreme Judicial Court vacated “a standing order of the Holyoke Division of the District Court Department … prohibiting the tender of a so-called ‘defendant-capped’ plea on the day of trial.” The SJC reasoned that the standing order “contravene[d] the guilty plea procedure mandated in G. L. c. 278, § 18, and Mass. R. Crim. P. 12.” Under G. L. c. 278, § 18 and Rule 12, a defendant facing charges in the District Court has the right a “defendant capped” plea. This means that a defendant in the District Court has the right to withdraw any plea in which the judge exceeds the defendant’s recommended sentence. This is in contrast to Superior Court, where a Commonwealth capped plea is procedure is in effect – a Commonwealth capped plea procedure allows a defendant to withdraw any plea…
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Sample College Admission Essays
College Essay One Prompt: Remember to distribute the one-page, single-spaced essay of which points out exactly why you have chosen Point out University plus your unique major(s), department(s) or even program(s). State University or college along with My spouse and i use a common eye-sight. We, including Condition University or college, consistently operate to be able to explore this restrictions involving nature through exceeding beyond expectations. Extended a great novice scientist, it absolutely was that generate that introduced myself on the School regarding Colorado front range due to the College student Scientific disciplines Exercise program throughout 2013. As much as that point research were being our non-public past time, 1 I did however to help discover upon any person else’ utes phrases. My time period at UT, even so, improved which. Partaking for the first time within a full-length study try with of which levels, I believed a lot more alive,…
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Hacking: The New Frontier of Criminal Activity
This month Hollywood Presbyterian Hospital disclosed that hackers infiltrated its computer system, and they infected them with malware making the computer system inaccessible. The hackers originally demanded 3.4 million to remove the malware to give control back to the hospital. Although not paying the initial demand, The hospital did take the extraordinary step of capitulating and paying a $17,000 ransom to the hackers. In true cyber fashion, the ransom was paid in Bitcoins, a cyber currency. This case is it is possibly a forbearer of the future of criminal activity in this cyber age. Let’s face it, the internet is not going away, and it is only become more entrenched in our lives every year. It would stand to reason that cyber crimes are here to stay and would likely continue to constitute a greater bulk of law enforcement’s resources to combat those crimes in the coming decades. From a criminal defense perspective,…
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Case Law Update (Div I on Informed Consent)
State v. Robison: In a case in which a defendant who smelled of both marijuana and alcohol was given implied consent warnings that omitted any penalty with regard to THC concentration, the Court found that the applicable statute required the marijuana warning, and the State could not prove that the omission was harmless beyond a…
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The Apple Fight: Before Arguing About Privacy, Define Privacy
The current fight between Apple and the U.S. Department of Justice, which is trying to execute a search warrant in a criminal matter, has been framed by Apple and its defenders as a battle over privacy. Apple is not arguing that the information sought should never be seen by the government. The company handed over all the information asked for in the warrant that had already been stored on Apple’s own servers, some of which is presumably still on the phone. Where Apple wants to draw the line is the privacy of its customers who don’t back up their phones on the cloud. It’s not enough to say you want privacy, because privacy means so many things to different people across not just national borders but even within countries. Mortgage recording means I can figure out how much you owe your bank. Your series of LLC’s you thought would keep your beneficial ownership a secret comes unraveled when you borrow money because banks want to see who’s at the end…
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Selbstleseverfahren, Band 148
Die vergangene Woche zum Nachlesen: Juristischer Wochenrückblick im Selbstleseverfahren. Foto: PlaceIt.net Lücke oder Lüge? Warum Staatsanwälte so oft gegen Manager verlieren Porsche-Prozess: Der Aufmarsch der Ahnungslosen NSU: Befangenheitsantrag könnte Gericht in Schwierigkeiten bringen Vorschläge zur StPO-Reform: „Das geltende System essentiell verändern“ 14 Jahre Haft für Mörder einer schwangeren Frau Verbot von Sex mit Tieren verfassungsgemäß Nur 0,59 Promille: „Für das Emsland ist das sensationell wenig“ Betriebsprüfung : Grenzen 30/70-Methode in der Gastronomie Kindesmissbrauch durch Whats-App-Nachricht --- 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 - Google…
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