Source: http://jurist.org/paperchase/2012/09/mexico-lower-house-approves-labor-reform.php
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Source: http://jurist.org/paperchase/2012/09/mexico-lower-house-approves-labor-reform.php
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The tape shows Officer Christopher Childers pull a squad car into the jail's sallyport area with Juan G. Perez, 21, with his hands handcuffed behind him in the back seat about 8 p.m. on June 26. Childers remains in the front seat as Perez shimmies out the squad car's open back window and falls face-first onto the pavement, the video shows. The officer walks around the car and stands by Perez.
Minutes later, as Perez is trying to stand up, Childers apparently kicks him in the chest, then kicks him again. Perez falls back to the ground and Childers stands with his foot on Perez for five minutes. While Childers stands with his foot on the inmate's torso, two other law enforcement officers walk over to see what is going on and then go about their business.
Childers and another officer later pull Perez up and take him into the jail. He is brought back to the squad car, staggering but on his feet. Perez was driven to the hospital, where police said his blood-alcohol content tested at almost three times the legal limit.
This conduct got Childers fired from the police force. The usual reaction to gratuitous abuse by cops didn't happen here. No whitewash. No hiding behind "we're investigating" until the ill-winds blow past. No vague explanations to justify the unjustifiable. No bull.
Childers, a nine-year veteran officer and former U.S. Army Ranger, was fired after investigators concluded he violated five department policies.
In those 9 years, Childers had managed to accumulate five excessive force complaints. Since "none stuck," they don't constitute a basis to conclude he had a propensity to use excessive force, but it's included here for the same reason cops inform the newspapers about the criminal arrest record of every citizen they shoot without cause, to leave an unpleasant taste.
What followed was a show of chaos at the Sarasota Police Department, with the Chief, Peter Abbott, getting canned after being accused of trying to improperly influence Perez when he sent a detective by to offer him a quick $400 to shut down. Perez later received $40,000 in settlement. Then there was the Civil Service Board fiasco, where the board violated the sunshine law by discussing the case privately, resulting in a big money damage award of $90,000.
The case finally went before a new Board, the final arbiter of police termination. They shrugged. No big deal, and concluded that Childers should be reinstated with back pay for the three years that elapsed.
Civil Service Board members, including former City Commissioner Ken Shelin, said they were particularly swayed by the testimony of an SPD sergeant who saw what happened and said he did not think it was egregious.
“This was really not a strong force that was used,” Shelin said, as the board deliberated. “The man was drunk as a skunk and he was going to topple over easily. And apparently, that’s all he did. It was an easy push with his foot, and the man fell over.
“I know it looks bad on the tape, and that’s one of the problems with the video of this, and the public’s perception of the video.”
Every picture tells a story, don't it? This picture tells a story of why municipalities don't rid themselves of bad cops. It costs too much, and they don't fare well anyway.
They had a video. This wasn't a matter of a citizen's complaint, which any rookie lawyer could argue is just animus or sour grapes, since police officers are sworn to uphold the law and respect the rights of citizens, which conclusively proves they would never harm anyone needlessly. "Why would they?" is the standard argument, and it's proven its vitality for decades.
They had a video, but it didn't have sound. Could that spell the difference?
The video did not capture sound, so it is difficult to say whether the officer felt threatened by Perez, or whether Perez was attempting to escape, said Maria "Maki" Haberfeld, a professor at John Jay.
However, when the other officers walk over to Childers as he stands with his foot on the inmate, it is clear the officers are in no danger, Haberfeld said.
"There was no need to keep him on the ground," she said. "It's not justified."
But Civil Service Board member, and former City Commissioner, Ken Shelin spelled it out. Perez was "drunk as a skunk." Screw him. He "was going to toppled over easily." No harm, no foul. But most importantly, "it looks bad on tape, and that’s one of the problems with the video of this, and the public’s perception of the video," which means that it wasn't bad. No doubt you can follow the logic too.
Childers, having had three years to ponder how to explain his conduct caught on tape, offered his exonerating explanation.
Childers — who argues the word ‘kick’ does not accurately describe what he did to gain control of Perez — says he was not trying to hurt him or use any more force than necessary to keep him subdued.
He had left the window of the patrol car open, he said, so that Perez could get some fresh air as he coped with the effects of the pepper spray.
Childers said he used his foot on Perez because he was trying to keep from being spit on.
“I didn’t want to get in a close proximity to him where if he wants to spit, it would get in my face,” Childers said. “That’s why I used my feet, and my legs.”
Nothing to see here. Move along. Police Officer Childers is back from his three year vacation.
Source: http://blog.simplejustice.us/2012/09/25/just-a-three-year-vacation.aspx?ref=rss
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Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202573090423&rss=rss_nlj
In a significant blow to New York City’s use of stop-and-frisk tactics, the Bronx district attorney’s office is no longer prosecuting people who were stopped at public housing projects and arrested for trespassing, unless the arresting officer is interviewed to ensure that the arrest was warranted.When FritzMuffknuckle sent me a link to the story, he called it a start. He's not alone.
Prosecutors quietly adopted the policy in July after discovering that many people arrested on charges of criminal trespass at housing projects were innocent, even though police officers had provided written statements to the contrary.
Steven Banks, the chief lawyer of the Legal Aid Society in New York, said that the new requirement put “a procedure in place to verify that the stop and subsequent arrest were proper.”“This is exactly what prosecutors should be doing before proceeding with criminal prosecutions — namely making sure that formulaic statements by police officers actually have some basis to support the arrest and prosecution,” Mr. Banks said.
But is that "exactly" what prosecutors should be doing? And if it is, should they be doing so "quietly"? It's stories like this that cause me a great deal of consternation. On the one hand, any movement away from unlawful and unconstitutional conduct is a good thing. The specifics of this shift, trespassing at public housing, was rife with outrageous abuse, though it never seemed to play out that way at arraignment.
Yet, it gives rise to another issue that can't be ignored. Dang, I hate to raise it and seem like an ingrate, but if Rob gets it here, which by definition means that he knows cops are feedings him lies for kicks under penalty of perjury (as the information they sign says so), then why isn't he prosecuting the criminals?
And why is he doing all this quietly, when they know how to call a sweet press conference for the arrest of criminals who don't wear blue?
And if they're lying on trespass cases, what about the dropsy cases, or the "furtive movement" cases, or the assault cases where the defendant's nose viciously struck the cop's fist?
Steven Reed, a spokesman for the Bronx district attorney, Robert T. Johnson, said that the new policy of requiring interviews of officers “was discussed with the offices of the other district attorneys and the N.Y.P.D.,” but he would not comment further because of continuing litigation.
So the other DAs have chosen to persist in prosecuting cases based on lies? And they know they're lies, yet they continue to pursue arrests? And lie to the courts?
That Rob Johnson has chosen to pull away from this horribly wrong stop & frisk policy, even in such a small way as this, is a wonderful thing, for which I applaud him. But a principled position requires the principle to be played out all the way, or it's not really principled. If it's not okay to fabricate complaints at will, then it's not okay, whether it's about trespassing or public display of pot after the cop pulls it from your pants pocket.
Recently, all the metropolitan district attorneys were riding tall in the saddle to proclaim how they're paragons of constitutional virtue. Rob Johnson was right in there with the brotherhood (and their wayward sister trying to horn in on the easy publicity). They weren't shy about going public. There was nothing quiet about it. They claimed to know right from wrong, and they were thrilled to shout that they were RIGHT!!!
Source: http://blog.simplejustice.us/2012/09/28/a-whisper-on-the-grand-concourse.aspx?ref=rss
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Source: http://blogs.wsj.com/law/2012/09/28/bank-of-america-still-banking-legal-costs/?mod=WSJBlog
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Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202573090423&rss=rss_nlj
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/the-legal-limits-of-sports-violence/
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Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/06/sentencing-catherine-greig/
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Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/08/massachusetts-3-strikes-law/
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Even as Pennsylvania's controversial new voter ID law faces court challenges, nonprofits and other groups are busy helping the state's voters, especially the poor and elderly, weave their way through a sometimes complicated bureaucratic process to get a photo ID before the election.
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Source: http://blogs.wsj.com/law/2012/09/26/lb-bookshelf-rehnquist-bio-doesnt-pull-punches/?mod=WSJBlog
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Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202572804959&rss=rss_nlj
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“I am really tired, and want to retire.” But, retirement is out of reach for many lawyers after their homes and retirement plans took heavy hits over the last few years. “Business purgatory” is how one phrased it.
Delays in retirement are now common, with 38% in one survey saying their retirement will be at least 5 years later than expected. The income stream for many lawyers comes from their law practice. Selling, closing or merging the practice are options, but none are likely to provide the same income stream the lawyer is accustomed to receiving.
Unless the lawyer is willing to adjust one’s life style, he will remain in practice, working to build up the practice further in order to reap the rewards needed to fund retirement.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/2PCWh9pUbPk/
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/05/the-luis-guaman-case/
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On Wednesday a government watchdog issued a report finding widespread failures with the government's "Fast and Furious" gun trafficking operation. On Thursday, the watchdog at the Justice Department, Inspector General Michael Horowitz, told a House panel that federal agents and prosecutors failed to protect public safety — and their bosses didn't pay enough attention.
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Source: http://legaltalknetwork.com/podcasts/ringler-radio/2011/12/inside-the-depuy-hip-replacement-recall/
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Texas was once the center of the movement to safeguard gun rights. Today, nearly every fight has been won in the state, and indeed around the country. While gun owners in East Texas celebrate and cherish their rights, they remain distrustful.
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Source: http://www.npr.org/2012/09/19/161029822/smoke-cleared-texas-gun-owners-remain-wary?ft=1&f=1070
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Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/08/the-ipad-practice/
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Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/02/the-legal-end-of-affirmative-action/
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Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/the-controversial-war-on-drugs/
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The FBI plans to move forward with a facial recognition system that's set to be fully implemented by 2014. Facial recognition is just one part of many biometric tools the FBI eventually plans to use to gather and store intelligence information, including fingerprint searches and iris scans.
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Source: http://www.npr.org/2012/09/18/161355293/the-pros-and-cons-of-gathering-biometric-data?ft=1&f=1070
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Cars are not toys. Facebook is not a toy. These parents, hopefully, have learned these lessons. As reported by khou.com:
The parents allowed their two-year-old boy to steer their moving car while sitting in his dad’s lap. They posted the video on Facebook, which caused someone to turn them in.
No legal action was taken, but experts say the parents violated child restraint laws and other traffic laws.
The video showed the boy with both his hands on the wheel. His dad’s left hand was also on the wheel, helping to guide the car.
The boy’s father, who is in the army, fears he could get kicked out of the military because of his actions. Both parents said they were sorry for what they otherwise thought would just be a cute idea.Kicked out of the army? The Juice hopes not. A parenting class, though, is definitely in order. Here's the source, including a video news story about the incident.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/-KPSYrU1U2w/post_498.html
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Interested in making your firm more profitable? This video is for you.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/lUlFDtUbdDc/
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Sure, the "is that a ... in your pants" is not a not totally uncommon theme. Still, a loris? As reported by the BBC:
Two of the men were found with slender lorises concealed in pouches in their briefs, a customs official at Indira Gandhi International Airport told the BBC.Yes, they had lorises in their underwear! How were these clever gents caught?
The animals were uncovered when security guards noticed a bulge in their underwear during a frisk.You can read more (a fair amount) here.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/xI-Fhg9_cTg/post_492.html
Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/01/e-discovery-2011-year-in-review/
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A couple doing something sexual while driving on Interstate 95 in Florida was just the beginning of this escapade. As reported by The Florida Times-Union:
Around 3 p.m. Sunday near the Nassau County line, a man and woman engaged in a sex act were spotted from the another lane. Then the woman, who the report said was “naked and could be seen clearly by everyone in the area,” started to climb into the driver’s lap.
Louis Carr, 24, told deputies the driver, later identified as [Ernest Felix] Gonzales [27], slowed down as soon as he realized people were watching.Show's over. Go ... No? It's not over?
[Gonzalez] got behind Carr’s pickup and began tailgating and trying to pass.
Carr told deputies that as he drove to his father’s restaurant and bar on U.S. 17 in Yulee, Gonzales tried to run him off the road and into a guardrail.Yikes.
When Carr pulled into the parking lot, an angry Gonzales jumped out of the sport utility vehicle and [Suzanne] Welker [31] got out with a gun at her side. When a woman at the business told Welker they didn’t want a gun there, it was pointed at her, the report said.Now she's pointing a gun at a bystander?
When the witnesses told Gonzales and Welker they were calling police, the couple got in their vehicle and left.Whew. What about the perps?
They were found at their residence in the 3900 block of First Avenue in Fernandina Beach and arrested.
The vehicle and a handgun found in the glovebox were seized.Doh!
In addition to indecent exposure, Gonzales and Welker were charged Sunday with aggravated assault for pulling a gun, according to the Nassau County Sheriff’s Office.Here's the source.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/N0XHiPZTi1s/post_499.html
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Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/08/content-marketing-for-lawyers/
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No, she didn't hit him with a frying pan. She didn't throw something at him. You can keep guessing, but you won't get it. As reported by The Northwest Florida Daily News:
On Aug. 30 two Okaloosa County Sheriff's deputies were called to a Country Breeze Lane residence about a disturbance. Once there they interviewed a husband and wife, the apparent source of the disturbance.
The man said he'd been involved in an argument with his wife over a text message. He came about 8:30 that night and the argument continued, with his wife following him around the house, yelling in his face.
While in the bedroom, she allegedly jumped on his back and put her arm around his neck. He removed her arm, but then she grabbed him from behind and placed her fingers in his mouth, pulling his mouth apart, the arrest report indicated. This was said to have caused a small cut in his mouth.She jammed her fingers in his mouth and pried it open! Yikes. So what did she say happened?
The woman told deputies she had found out her husband was cheating on her and she'd told him not to come home. As they argued, somehow her fingers "ended up in his mouth," the deputy wrote.Yeah, that happens to The Juice all the time. Next thing you know, your fingers just end up in someone's mouth!
The woman was charged with misdemeanor battery.Here's the source.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/pyeRPo65Zfs/post_491.html
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