The woman's attorney says three members of the U.S. Naval Academy's football team assaulted the victim at an off-campus house last year.
» E-Mail This » Add to Del.icio.us
electronic power of attorney employment attorney employment law employment law courses employment lawyer
criminal defense attorney criminal defense attorneys criminal defense lawyer criminal injury lawyers
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202601430320&rss=rss_nlj
employment attorney employment law employment law courses employment lawyer employment lawyer san diego
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/05/the-luis-guaman-case/
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/a-radical-or-rational-scotus-session/
bankruptcy lawyers best attorney business law business lawyer civil attorney
Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/06/remote-working-options-for-lawyers/
stupid laws traffic attorney traffic lawyer traffic ticket lawyer
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/06/hormone-replacement-therapy-litigation/
attorney law attorney lawyer attorneys bankruptcy attorney bankruptcy lawyer
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/06/gone-clio-with-attorney-andrew-legrand/
lawyer lawyer colleges lawyer directory lawyer fees lawyer firm
lawyer directory lawyer fees lawyer firm lawyer malpractice attorneys lawyer office
letter of attorney litigation attorney local attorney local lawyer
Police say two anonymous letters were received — one in New York City and another at the Washington, D.C., headquarters of Bloomberg's nonprofit.
» E-Mail This » Add to Del.icio.us
immigration law immigration lawyer immigration lawyers injury attorney injury attorneys
Nassau's police union president blamed the armed parolee for a Hofstra student's death and fiercely defended the officer Tuesday who shot and killed the 21-year-old woman and the gunman as he held her in a chokehold.No one can blame Carver for doing what he's supposed to do as the union president. So what if the argument defies the logic borne of false dichotomies. He's there to back up his officers, and that's what he does.
"We back his decision 100 percent," James Carver, president of the Nassau County Police Benevolent Association, said at a news conference in Mineola. "There's only one person responsible for what happened early Friday and that's the ex-con."
"There's some second-guessing going on by people who think maybe he should have stayed outside the house, but our job is to get inside there and make sure we can protect as many people as we can," Carver said.
There should be no misunderstanding about why Hofstra student Andrea Rebello is dead: The life of this 21-year-old Tarrytown resident ended tragically because Dalton Smith, a career criminal who had spent the vast majority of his adulthood incarcerated for serious, often violent crimes, invaded her home and menaced Rebello and others (including her twin sister) with a loaded gun.
But even while there is no question where to hang the blame, there are questions that need to be answered, some of which stem from the fact that this felon was in a position to commit the crime:It's true that no convicted criminal could ever commit another crime if he was never released from prison. Or better still, executed. Is that what the editorial seeks, the execution of every criminal? Of course, then the other convicts released who aren't named "Smith" would be held forever as well, or executed as the case may be, because one can never be sure which one will commit a crime in the future. So all of them, Newsday? Every one? Forever? Is that the question you really mean to ask?
Should Smith have been paroled after he served nine years for attempted armed robbery and criminal possession of a weapon?
Was it appropriate to let Smith out once again, in February, after he had been jailed for violating that parole? Will we learn that the local parole office is understaffed?
Was Smith pursued as actively as he should have been once a warrant was issued for his arrest in April, again for violating parole?
The other issues involve the review of the police response in the tense and chaotic minutes after they arrived at the crime scene.Those "tense and chaotic minutes" are what police are trained for, the moment when they need to get it right. While it may tug at the heartstrings of the public to explain why it would have been so terribly difficult for an untrained citizen to handle this situation, dumbing it down for sympathy is the weapon of a police union president, not an editorial board.
Second-guessing the officer who fired seven bullets into Smith and one into Rebello, killing both, is not the point. That officer was faced with numerous split-second decisions, starting with whether to enter the house and ending with whether to fire. If Andrea Rebello had lived, the officer would be hailed a hero.Second-guessing the officer is precisely the point. There is no control over the acts of a criminal, whose conduct violates the law and the social compact, putting people at risk for evil reasons. This is why we have police officers. This is why we train them. This is why we give them weapons and a shield, the authority to do things that the rest of us cannot. Because they are supposed to stand between us, the law-abiding citizenry, and the criminal who, by definition, is engaged in bad conduct.
Source: http://blog.simplejustice.us/2013/05/27/on-second-guess-still-wrong.aspx?ref=rss
free legal aid getting power of attorney government lawyer green card lawyer
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/10/the-dri-the-voice-of-the-defense-bar/
attorney directory attorney fees attorney finder attorney law attorney lawyer
So this guy's estranged wife visited him regularly. How did he repay her kindness? He put mercury in her tea! At least five times! Why? So that when she got sick, he could take care of her, and win her back. How much jail time do you get for something like this? Zippy. Nada. Zilch. Squadoosh. Yeah. Yeah. Yeah. There are mitigating factors. But still, not a single day in jail? To read the entire story at Metro.co.uk, and to see a video report, click here.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/3tVS3EmRZHE/post_684.html
free lawyer consultation free lawyer consultation california free lawyers free legal advice
Source: http://legaltalknetwork.com/podcasts/2013/04/nourishing-creativity-with-constraints
electronic power of attorney employment attorney employment law employment law courses employment lawyer
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/02/the-legal-end-of-affirmative-action/
litigation attorney local attorney local lawyer local solicitors
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202601450360&rss=rss_nlj
traffic lawyer traffic ticket lawyer absolute power of attorney attorney attorney at law
Afterwards, a reader emailed me asking a key question my post did not address — that of whether Law Ratchet is violating the copyrights of the publishers and bloggers whose stories it is picking up.The posts included Bob's. Volokh's. Mine. Bob, calling it a grey area of law, notes that in 2005, Eric Goldman wrote that by allowing readers to access a blawg via an RSS feed, it might be acceptable for scrapers to steal it:
For many of the articles Law Ratchet picks up, it is republishing them in full on its own site, complete with images.
In my mind, there’s no question that a blogger grants an implied license to the content in an RSS feed. However, because it’s implied, I’m just not sure of the license terms. So, in theory, it could be an implied license to permit aggregators to do whatever they want.Just to be sure, I checked with Eric yesterday to see if this was still his view, and it is. He notes an Israeli court reached a similar conclusion, though in Associated Press v. Meltwater, the Southern District of New York held scraping to be copyright infringement. On the other hand, IP lawyer Marc Randazza says it's a copyright violation, without any doubt whatsoever.
On the issue of copyright law, we did invest a fair amount of time researching the matter. I would hazard to guess that you are familiar with the copyright issues given your experience with media law. We carefully analyzed the issues and suffice it to say that we believe that Law Ratchet is well-positioned on the merits of the legal issues.
Suffice? No, "you say so" doesn't suffice. In fact, what you "believe" is worthless.
Will and I embarked on this venture to create a better experience for lawyers to consume and discover legal news. In doing so, our goal has been to work with content providers and to forge mutually beneficial partnerships with authors and publishers. In fact, we believe that the only way Law Ratchet will succeed in the marketplace is with their cooperation and partnership.And so the bullshit flows, because if you wrap up scraping in pretty bows, it's not like it's really stealing and nobody will call you out. Except I am.
© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.If you want to see it in the wild, it's right there on the Law Ratchet scraping of my posts. As for Chau and Mouat, can you say "statutory damages"? I bet you can. As of this moment, there are 134 posts of mine on Law Ratchet. Do you still believe?
Source: http://blog.simplejustice.us/2013/05/28/law-ratchet-new-dogs-old-tricks.aspx?ref=rss
traffic attorney traffic lawyer traffic ticket lawyer absolute power of attorney
injury attorney injury attorneys injury lawers injury lawyer injury lawyers
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2013/02/inside-ringler-medicare-solutions/
divorce lawyer divorce lawyers download power of attorney dui attorney
The jury that convicted her of first-degree murder earlier this month in the brutal killing of her ex-boyfriend were unable to decide whether to give the death penalty.
» E-Mail This » Add to Del.icio.us
common law company law conservator copyright lawyer corporate law
probate attorney real estate attorney real estate lawyer solicitor
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/08/technology-enhanced-television/
corporate lawyer criminal attorney criminal defence lawyer criminal defense criminal defense attorney
find attorney find lawyer free attorney consultation free lawyer
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/06/hormone-replacement-therapy-litigation/
personal injury lawyer personal injury lawyers power attorney power of attorney power of attorny
The Washington State Supreme Court held today that a sexual orientation discrimination amendment adopted in 2006 is not retroactive.
The court also concluded that conduct that took place prior to the amendment is admissible background evidence to prove the discriminatory nature of certain conduct occurring after the amendment.
Loeffelholz v. Univ of Washington (Washington 09/13/2012)
Loeffelholz sued under the Washington Law Against Discrimination (WLAD) claiming discrimination based on sexual orientation. WLAD was amended in 2006 to include sexual orientation as a protected class, and Loeffelholz alleged several pre-amendment acts and one post-amendment act.
The Washington Supreme Court held that (1) the WLAD amendment is not retroactive and the pre-amendment conduct is not actionable as it was not unlawful when it occurred, and (2) the post-amendment allegedly discriminatory comment is arguably similar enough to the pre-amendment conduct to survive summary judgment.
Loeffelholz alleged that her supervisor between 2003 and June 2006 maintained a hostile work environment based on sexual orientation. This was prior to the WLAD amendment. Loeffelholz also alleged a single act of discrimination by this supervisor after the WLAD amendment.
The court's findings:
(1) Pre-amendment conduct is not actionable. Retroactive application of the amendment would violate the employer's due process rights. The plain language of the amendment and its legislative history indicate only prospective application.
(2) Pre-amendment conduct is admissible as background evidence to prove why the post-amendment conduct is discriminatory.
(3) The post-amendment conduct was a single statement by Loeffelholz's supervisor, who was about to be deployed to Iraq, that he was "going to come back a very angry man." The court found that a reasonable jury could infer that this comment was a natural extension of pre-amendment conduct - the supervisor's dislike of lesbians and his anger management problems as illustrated by his comments that he had a volatile temper and kept a gun. This is enough to preclude summary judgment.
Source: http://www.lawmemo.com/blog/2012/09/washingtons_sex.html
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/is-your-food-safe/
local lawyer local solicitors mold attorney need a lawyer patent lawyer
Source: http://legaltalknetwork.com/podcasts/new-solo/2012/02/helpful-tips-for-women-solo-practitioners/
employment lawyer san diego employment lawyers estate attorney family law
common law company law conservator copyright lawyer corporate law
[Father Doug] Snodgrass said his 17-year-old son, whose name has been withheld at the request of his parents, transferred to Chaparral High School, a public high school in Temecula, for his senior year. District discipline records from his previous school, Temecula Valley High School, “showed 10 discipline referrals” between August 2011 and May 2012, according to court records, but Snodgrass said the reason for the transfer was the family’s move to a different section of Temecula.
He was placed into an art class at Chaparral where he met Daniel, who befriended him. Not having any friends, his father said, his son quickly latched on to Daniel.
Snodgrass’ son began texting round the clock with his new friend, which at first thrilled his parents, happy that their son had made a new friend, Snodgrass said.
What they didn’t know was that Daniel was an undercover police officer, who the family claims would pressure their son to procure drugs.
Before dealing with the guts of the problem, I can't help but note how ABC was constrained (/sarcasm) to note how the unnamed autistic student had "10 discipline referrals" prior to coming to a new high school. This smacks of the mandatory prior arrests/convictions used in every report of police involvement, even if it had absolutely nothing to do with the issue at hand.
In this case, however, it's particularly absurd as autistic students typically have behavioral management issues, and hence a behavioral plan in their IEP. Were the referrals for talking in class? Perhaps having shirt tails out? It's unknown. But it's also irrelevant, unless the student happened to be an autistic drug dealer in his old school, and given what happened, that seems remarkably unlikely.
So we have a lonely newcomer to a high school, who also happens to be autistic such that his social anxiety, a normal feature of autism, prevents him from making friends and being accepted, and the only guy in school who wants to play with him happened to be an undercover police officer? What could possibly go wrong?
On the second day of school, Snodgrass said, Daniel asked the boy to buy drugs. “He asked my son if he could find marijuana for $20,” Snodgrass said. ”Three weeks later my son was able to bring back a half joint he received from a homeless guy.”
Wow, they hooked a big fish here. But the cops weren't satisfied that they had plumbed the depths of this criminal's heinousness.
Later, Snodgrass said, “he asked to purchase my son’s prescription medication, but our son refused.”
After all, why not add insult to injury by making efforts to undermine this young man's health in their zeal to find a drug dealer? It's not like there was anything seriously wrong with this student that was more important than making a bust, right? Oh wait. There is:
Snodgrass said his son had been diagnosed with autism, bipolar disorder, Tourette’s syndrome and various anxiety disorders.*
What a fabulous life he must have had, being a big time drug dealer who took three weeks to get a half joint from a homeless man to appease his one and only new friend. Except for all that he suffered from otherwise. And so the police made sure to put a stop to this fab drug dealing lifestyle:
“Our son went to school the morning of Dec. 11 and he didn’t show up at home after school, because he was arrested in his classroom,” Snodgrass said. “Police went into his classroom armed, and handcuffed our son. We were not notified by anyone, and he was held for two days, and we were not able to see him,” although he said they got his medication to him the first night he was in detention through a nurse.
After diversion in juvenile court on the charge, and a due process hearing where the school's expulsion was reversed, "citing that the court knew my son was targeted and was special needs, and yet the district did nothing,” the parents filed suit, claiming the district administration continues to "harass and intimidate" their son. After all, he is a drug dealer.
In response, the district offered a press release:
“The district continues to act lawfully and in furtherance of its mission to educate students and better prepare them for successful adulthood. Any and all claims filed with the district will be considered and processed in accordance with district policy and procedure, and the law. The district continues to research and consider its options for addressing the administrative law judge’s decision, but no appeal has been filed at this point.”
Well, of course the district "continues to act lawfully." What else could it do? But the claim that its acting in furtherance of "its mission to educate students" falls a bit flat in light of the consequences of what happened to this autistic young man befriended by an undercover.
Snodgrass said his son is now three months behind in school and will not graduate as originally planned.
The wages of sin? More like the price of being a vulnerable disabled young man targeted by our heroic drug warriors and a school district that was only too happy to let the police have their way.
H/T Ed at Blawg Review, via Radley Balko
* Snarky Aside: Too bad that this young man didn't have Asperger's Syndrome, since the DSM-5 published May 18, 2013, has eliminated it. Cured!
Okay, more seriously, Asperger's has been swept into Autistic Spectrum Disorder in the latest version of the Diagnostic and Statistical Manual of Mental Disorders, the "bible" of its kind. But ask any Aspy and you will learn that despite the fact that it may be an ASD, the ignorance with which almost everyone approaches autism (duh, look at the retard) taints the crucial distinction that Aspy's not only have intellectual and social deficits, but also extraordinary intellectual skills in specific areas. But hey, why maintain a meaningful distinction when it's easier to save a page and throw everyone in the same hole?
Source: http://blog.simplejustice.us/2013/05/24/drug-warrior-has-special-needs.aspx?ref=rss
find attorney find lawyer free attorney consultation free lawyer
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202601265745&rss=rss_nlj
divorce attorney divorce lawers divorce lawyer divorce lawyers download power of attorney
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/04/obamacare-on-trial/
free lawyers free legal advice free legal aid getting power of attorney
Source: http://legaltalknetwork.com/podcasts/boston-university-school-of-law/2012/04/shareholder-activism/
Source: http://blogs.wsj.com/law/2013/05/21/court-clears-the-way-for-college-stars-lawsuit/?mod=WSJBlog
local lawyer local solicitors mold attorney need a lawyer patent lawyer
Activists say the case against Wisconsin dairy farmer Vernon Hershberger is about raw milk — and much more. His supporters have turned the case into a rallying cry for personal food freedom and the rights of farmers and consumers to enter into private contracts without government intervention.
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2013/05/paralegal-hiring-trends
legal aid society legal counsel legal help legal information legal news
First of all, is The Juice the only one who didn't know some Walmarts are open 24 hours? Maybe if they had more "associates" working, things like this wouldn't happen. Per The Belleville News-Democrat (Illinois):
According to police reports, two men walked into the [Wal-Mart store in Collinsville] at about 3:20 a.m. They each grabbed a TV and walked out of the store without paying. They got into a car where another man was waiting and fled the scene. The vehicle was described as a blue 1986 Chevrolet station wagon with license plate number R309361.It's probably a stolen car, right? Well, maybe not ...
The description of the suspects' vehicle matches a car that police said was used in a similar robbery May 6 at the Best Buy electronics store in Fairview Heights.The men are still at large, though probably not for long. Here's the source.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/rIYcWP28O88/post_677.html
employment lawyer san diego employment lawyers estate attorney family law family lawyer
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/04/legal-crackdown-on-human-trafficking/
immigration attorney immigration law immigration lawyer immigration lawyers
Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/08/maximize-your-technology-investment/
injury attorney injury attorneys injury lawers injury lawyer injury lawyers
employment lawyer san diego employment lawyers estate attorney family law
President Obama spoke at the National Defense University on Thursday about his views on the next stage in combating terrorism. Read his speech as released by the White House.
» E-Mail This » Add to Del.icio.us
attorney law attorney lawyer attorneys bankruptcy attorney bankruptcy lawyer
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/06/gone-clio-with-attorney-bruce-godfrey/
criminal attorney criminal defence lawyer criminal defense criminal defense attorney
lawyer fees lawyer firm lawyer malpractice attorneys lawyer office lawyers
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/05/20-legal-technology-tips-in-20-minutes/
Source: http://legaltalknetwork.com/podcasts/digital-detectives/2013/04/scary-tech/
attorney finder attorney law attorney lawyer attorneys bankruptcy attorney
I have not done anything wrong. I have not broken any laws. I have not violated any IRS rules or regulations, and I have not provided false information to this or any other congressional committee.
And while I would very much like to answer the committee’s questions today, I’ve been advised by my counsel to assert my Constitutional right not to testify or answer questions related to the subject matter of this hearing.
After very careful consideration, I’ve decided to follow my counsel’s advice, and not testify or answer any of the questions today.
Oh boy. And so the storm began, with Issa and Trey Gowdy (R-SC) calling foul.
Republicans protested. "She just waived her Fifth Amendment right to privilege. You don't get to tell your side of the story and then not be subject to cross-examination. That's not the way it works, " said Rep. Trey Gowdy, R-S.C. "She ought to stand here and answer our questions."
But Chairman Darrell Issa, R-Calif., dismissed Lerner, saying she could be recalled if committee lawyers determine that she waived her rights by delivering an opening statement. At the end of the hearing, Issa said he is "considering" recalling Lerner because "she made assertions, under oath, in the form of testimony" in her opening. He struck the gavel saying the hearing was in recess, not closed.
As Orin Kerr explains the general rule at Volokh Conspiracy:
The general rule is that a witness can’t testify about her version of the facts and then invoke the Fifth Amendment when facing cross examination. Here’s what the Court said in Mitchell v. United States, 526 U.S. 314, 321(1999):
It is well established that a witness, in a single proceeding, may not testify voluntarily about a subject and then invoke the privilege against self-incrimination when questioned about the details. See Rogers v. United States, 340 U.S. 367, 373 (1951). The privilege is waived for the matters to which the witness testifies, and the scope of the “waiver is determined by the scope of relevant cross-examination,” Brown v. United States, 356 U.S. 148, 154—155 (1958). “The witness himself, certainly if he is a party, determines the area of disclosure and therefore of inquiry,” id., at 155. Nice questions will arise, of course, about the extent of the initial testimony and whether the ensuing questions are comprehended within its scope, but for now it suffices to note the general rule.
Unfortunately, the language is loose and provides little guidance, either for this circumstance or Lerner's words. No doubt her lawyer gave extremely careful thought to the language offered in her opening statement, concluding with her invocation of her Fifth Amendment privilege, but that doesn't mean she didn't tread too close to the line.
An assertion of innocence is not, in itself, an assertion of fact, but a conclusory assertion. For Lerner to have said "I violated no law" would certainly not have constituted a waiver of privilege. But that's not what she said, as she went a bit farther, getting closer to the nitty gritty by speaking to IRS rules and regs, and false information.
Initially, a very important aspect to the invocation of the Fifth needs to be made crystal clear. It is not tantamount to an admission of guilt. Not even close. It is the invocation of a right not to say anything that could be used to incriminate you in a criminal prosecution. The use of otherwise truthful statements of fact to convict otherwise innocent people happens, and by no means does any reasonably intelligent person think that innocent people have nothing to hide and should therefore have no reason to assert their rights.
But the assertion of the privilege is generally not acceptable in blanket form, instead being limited to a specific query. Ask a person 100 questions and they will answer maybe 70 (just an arbitrary number), while refusing the remainder. That's because most questions don't evoke a response that has a good faith potential to incriminate.
Many are just basic background questions used to form the foundation for what happened. Just because questions are asked that relate in some way to a matter of concern doesn't mean that answers can be avoided by invocation of the Fifth. There must be a specific good faith basis for the assertion.
While the storm swirls around the media and blawgosphere, the question remains whether Lerner's opening statement, where she gets in the part she wants people to hear but refuses to subject herself to unpleasant questions, constitutes a waiver of her Fifth Amendment privilege. Like so many such issues, people tend to find it "simple" to answer based upon their politics or perspective. Simple it ain't.
Had she merely proclaimed innocence of wrongdoing, it would be fairly clear that her words did not constitute a waiver. But she went well beyond a mere conclusory assertion of innocence, and touched upon the specifics of the matter. IRS rules and regs? False statements? Those go deeper than "I didn't do nothin' to no one."
Much as I am of the view that the sweep of the Fifth should be broad in order to fulfill its purpose, I am also of the view that once a witness offers denials to particulars, she opens herself to being questioned on what particulars she's denying. Which rules and regs is she referring to? What about this statement? What about that? Isn't it true that you said.... Well, that's how examination happens sometimes.
No doubt her lawyer, William Taylor III, thought long and hard about her opening statement, how far it should go, how far it can go, before Lerner took one step too far. It's not an easy decision, given that there is no clear line. Some might have counseled Lois Lerner not to step anywhere near the line so that there would be no question of waiver. Some might push the envelope, allowing her to toe the line as closely as he thought possible. And when the second option is chosen, maybe a toe goes over the line.
I fear Lois Lerner put a toe on the line. I write this with a small sense of shame, knowing that Dersh and I are in relative agreement for the first time in decades, but even a blind squirrel finds the occasional nut. And the occasional nut can be found on the floor of Congress, if not Sutton Place.
Source: http://blog.simplejustice.us/2013/05/23/waving-good-bye-to-the-fifth.aspx?ref=rss
Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/06/remote-working-options-for-lawyers/
civil attorney colleges for lawyers colorado disability lawyer commercial law
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2013/02/inside-ringler-medicare-solutions/
lawyer fees lawyer firm lawyer malpractice attorneys lawyer office lawyers
