Jill C. Engle (Pennsylvania State University, Penn State Law) has posted Comparing Supreme Court Jurisprudence in Obergefell v. Hodges and Town of Castle Rock V. Gonzales: A Watershed Moment for Due Process Liberty (Georgetown Journal of Gender and the Law,...
Engle on Due Process and Domestic Violence
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"'Guilty But Mentally Ill' Doesn't Protect Against Harsh Sentences"
From NPR. In part: But jurors also hesitate to choose a guilty verdict for someone with mental illness. So many states offer a third verdict: guilty but mentally ill. Several states introduced the verdict after John Hinckley, Jr., was found...
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Are You The Victim of a Sexual Assault or Rape in New York?
If you have been sexually assaulted in New York – whether it be at the hands of a loved one, an acquaintance or a stranger – navigating the New York criminal and civil court systems can be difficult. Considering what you’ve already been through, dealing with red tape and rushed prosecutors does not exactly make your struggle any easier. As the best New York sexual assault victim lawyers know, there are a number of things you need do right away – and other things you need to think about going forward. If You Have Been Sexually Assaulted Or Raped First, get to a safe area and either call 911 or contact the police. You should clearly and carefully tell them what occurred to you and provide all necessary information to the officers so that an arrest can be made if that is what you wish. If necessary, you should get to a hospital and have your injuries treated and evidence collected. Do not change your clothes or shower…
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Two Vehicle Crash on US 26 Near Ririe Sends One to Hospital
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 8/03/2016 9:00 pm Please direct questions to the District Office On Wednesday August 3, 2016 at approximately 4:53 pm, Idaho State Police investigated a two-vehicle crash on US 26 near milepost 350 just east of Ririe, in Bonneville County. Cesar R. Godinez, 34, of Blackfoot, was driving a 1999 Chevy Suburban. Derrick D. Bryan, 47, of Ammon, was driving a 1999 Honda Accord. Godinez, traveling westbound on US 26, slowed and stopped in the westbound lane due to a painting crew ahead. Bryan, traveling in the same direction, struck Godinez's vehicle from behind. Bryan was transported by ground ambulance to Eastern Idaho Regional Medical Center in Idaho Falls. Neither Godinez or…
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The Oak Flat example of politicians disrespecting Native Americans and the environment
Repeatedly we read of major pieces of budgetary and other big federal legislation in which Congressional members successfully slip in riders to the legislation that likely would never have been considered or else never passed on their own merits. These riders can involve pork barrel project financing, and a whole host of other items. The legislative riders apparently often bypass discussion and debate on the full Senate or House floor. They often get added last moment to legislation that is already so voluminous even without riders, that one is left to wonder how many Congressmembers even read the legislation without the riders, let alone with the riders. Mind you, legislation can be very tedious to read, often including references back to other legislation being edited by the new legislation, where one is left to wonder how many Congressmembers also look at the referenced pre-existing legislation, and consult with the right lawyers or other appropriate…
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The impact of a serious big rig accident – what can I claim for?
(Image Credit: Wikipedia.org) Big rig accidents can cause serious damage. A big rig can be three or four times bigger than an average car, and that’s not including the trailer and cargo they pull behind them. While these large vehicles are used to transport goods across the US, they are dangerous vehicles. There are 500,000 trucking accidents every year and 5,000 of these are fatal. Being involved in an accident with a big rig can be life-changing. After an accident with a big rig (or 18-wheeler), your vehicle could be completely destroyed, you could have suffered personal injuries, your family (or other passengers) could have suffered injuries, or someone could have lost their life as a result of the accident. A serious accident like this can have devastating consequences. Continue reading
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The Plural Tort Structure of Copyright Law
Patrick Goold, Unbundling the ‘Tort’ of Copyright Infringement, 102 Va. L. Rev. (forthcoming 2016), available at SSRN. David Fagundes What kind of legal wrong is copyright infringement? Scholars tend to unreflectively regard copyright infringement as a tort. In his elegant and insightful recent article, Unbundling the ‘Tort’ of Copyright Infringement, Patrick Goold complicates this received wisdom by applying rigorous conceptual analysis to a body of law—copyright—that is rarely analyzed in those terms. In so doing, Goold invites us to see copyright law in a new and more nuanced light, and also seeks to show that courts’ purportedly scattered approach to infringement may not be so incoherent after all. The central premise of Goold’s article is simple: the orthodox view of copyright infringement as a single tort mischaracterizes how courts actually resolve infringement cases. Calling on Prosser’s classic disaggregation of…
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Jay Nixon, For The Defense
At Fault Lines, Orleans Chief Public Defender, Derwyn Bunton, was crossed, following his painful decision to start refusing cases that his office could no longer competently handle. We are committed to operating within the “triangle of defense:” on one side of the triangle are constitutional mandates, on another side are ethical requirements and on the other side are professional standards. Our cases have to fit in that triangle, and to the extent our cases don’t fit in the triangle, our representation is compromised, ineffective or non-existent. The fact was that the volume was overwhelming, the burdens on public defenders intolerable and the reality that his staff, no matter how great their effort and dedicated to their clients, the constitution and ethics, unable to function within the “triangle of defense.” Derwyn had no option but to say no. But that raises a question. Is the situation in Orleans Parish that much worse than other places…
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Are Salt Lake City Police Required to Wear Body Cameras?
The deaths of Eric Garner, Michael Brown, Philando Castile, and other victims have increased public awareness of police brutality in recent years, leading activists and lawmakers to call for greater oversight of departments throughout the country. In an effort to help hold officers accountable for violent crimes against civilians by providing clear and objective records of police confrontations, many states, including Utah, have implemented stricter standards for the use of body cameras. Do SLCPD Officers Use Body Cameras, and Does it Reduce Police Misconduct? Hundreds of bills found their way to the desk of Governor Gary Herbert as a result of the 2016 Utah State Legislature; among them, H.B. 300: a bill regulating the usage of body cameras among Utah police officers. The Governor signed the bill, which was sponsored by Rep. Daniel McCay (R-Riverton), on March 30, 2016. While the bill doesn’t mandate the use of body cameras within Utah police…
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The Transgender Strawman Is Stayed
The Supreme Court granted a stay of the Fourth Circuit’s decision in G.G. v. Gloucester County School Board, holding that under Title IX, Gavin Grimm, a transgender man, was entitled to use the bathroom of his choice. The circuit had earlier refused to stay its decision. This puts the case in a holding pattern, maintaining the status quo ante, pending the petition for cert, and the Supreme Court’s decision on whether to grant it, which is a significant setback for the effort. Had the Fourth Circuit’s decision gone forward, it would have become a fait accompli, serving dual purposes. First, it would show that some of the fears raised about allowing a transgender person to use a bathroom based on gender identity didn’t come to pass. Second, it would normalize this change. As with gay marriage, once its real, it’s hard to make it unreal. It would just be. But the issue in the case can be viewed in two distinct ways. From one…
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M.D.Fla.: The automobile exception is based on inherent mobility, and the fact the defendant is handcuffed and the police have the keys is “inconsequential”
The automobile exception is based on inherent mobility, and the fact the defendant is handcuffed and the police have the keys is “inconsequential.” United States v. Collins, 2016 U.S. Dist. LEXIS 101003 (M.D.Fla. May 31, 2016) (R&R): Defendant argues, however, … Continue reading →
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Elder Abuse Remains Major Problem in U.S.
The decision to place a loved one in a nursing home is never easy. But when a loved one requires more care than their family is able to provide, nursing homes should provide a safe, trusted, and nurturing environment. Unfortunately, many elders suffer abuse and neglect at the hands of their nursing home caregivers. Approximately 12 million Americans receive long-term care in assisted living homes; about 6.3 million of them are elderly. The size of the Baby Boom generation means that the elderly population will continue to grow in the United States, and it is estimated that by 2050 more than 27 million Americans will require some kind of assisted living. People over the age of 85 are one of the fastest growing sections of the population. The aging population of the U.S. means that an increasing number of elderly loved ones will require care in nursing homes, but numbers on the level of care provided in these homes are grim. More than 50% of nursing home staff admits to abusing…
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How BLM-style Hate Killed Korryn Gaines
I blogged yesterday about the police shooting of Korryn Gaines, a black woman and mother of two small children. Gaines' killing is already being touted by the anti-American academic Left as the new Ferguson (see this story) -- which I suppose is appropriate, giving the rampant deceit and ginned-up outrage from which the Ferguson fable was woven.The point I'll make now is that, in all likelihood, Ms.Gaines would be alive today but for the kind of whipped up hatred the Black Lives Matter movement -- with its abettors -- is spewing across this country. The backstory of Korryn Gaines is fascinating, tragic, and most of all, revealing. It's provided by the Washington Post's excellent crime reporter, Tom Jackman. Mr. Jackman takes us back to last spring:The series of events that launched Gaines's final downward spiral have all the markings of someone not fully in control. In March, after she claimed her…
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State public defender, lamenting funding issues, appoints Mizzou Gov to represent indigent defendant
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"A New Era for Expungement Law Reform? Recent Developments at the State and Federal Levels"
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Attorney Caraciolo to speak at Cannabis Career Institute Seminar in Harrisburg, Pennsylvania
Foreman & Caraciolo, P.C., is thrilled to announce that Attorney Joseph D. Caraciolo will be speaking at the Cannabis Career Institute Seminar on the fundamentals of state law and federal law, answering questions regarding case law, marijuana law, zoning requirements, current developments in relevant cases, upcoming cases with political implications and will help to interpret […]
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Academic Consequences of DUIs at Oklahoma Colleges
For college students, getting a DUI can mean much more than time in jail and hefty fines. University students can lose their scholarships, face academic sanctions or even get kicked out of school. Many universities enforce codes of student conduct and policies that outline strict rules about alcohol use on campus, including underage drinking. Some schools have a dry campus, which means they ban alcohol completely. Students are normally required to agree to these terms upon enrollment. In many of these student policies, DUIs are specifically listed as a violation of student codes of conduct. When not specifically listed, they can fall under a violation of federal, state, or municipal law. The breaking of such laws is considered a breach of many universities’ codes of conduct. These regulations are designed to dissuade students from making potentially life-threatening decisions and to avoid the severe legal complications of getting a DUI or other alcohol-related…
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"Behind the Olympics: Brazil's Dirty Incarceration Secret"
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CFPB Issues Final Mortgage Servicing Rules
On August 4, 2016, the Consumer Financial Protection Bureau (CFPB) issued its long-awaited final mortgage servicing rule under the Real Estate Settlement Procedures Act (RESPA) and implementing Regulation X, and the Truth in Lending Act (TILA) and implementing Regulation Z. The rule finalizes many of the proposed amendments that the CFPB issued in November 2014, revising portions of Regulation X, Regulation Z, and the CFPB’s official interpretations related to mortgage servicing. The CFPB presented its changes to the servicing rules in a 900-page document, and grouped them into several broad categories. Some of the most significant changes are discussed below: Successors in Interest. The final rule makes various changes relating to borrowers who are successors in interest to an original borrower, such as individuals who receive property upon the death of a relative or joint tenant, as a result of a divorce or legal separation, or from a spouse or parent.…
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9th Circuit Defense Wins: “crimes of violence”, self-authentication and Indian tribes, sentencing remand
United States v. Benally, — F.3d —, 2016 WL 4073316 (9th Cir. 2016): Involuntary manslaughter is not a “crime of violence” Depending on who you believe, defendant either coldly knelt down, aimed, and shot his neighbor through the heart, or recklessly shot him by accident while the two were playing a “drunken game” with a rifle. The jury went with version two, convicting him of the lesser-included offense of involuntary manslaughter. The second count in the indictment was for use of a firearm during a “crime of violence” in violation of 18 U.S.C. 924(c), where the purported “crime of violence” was the homicide. Defendant’s counsel objected to the jury being instructed that involuntary manslaughter was a “crime of violence,” arguing that reckless crimes do not qualify. But the government produced a Ninth Circuit case, United States v. Springfield, 829 F.2d 860 (9th Cir. 1987), that held that involuntary…
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