Thursday, July 31, 2014

Welcome Back, Spitzer

Nature abhors a vacuum, and Eliot Spitzer didn't have much to do after his foray into TV punditry crashed and burned, a few times. It was a match made in...New York.  The disgraced former governor, marauding attorney general, overly ambitious assistant district attorney, horn-dog hypocrite and liar, now wants to do the books for New York City.

Well, not really do the books, as he wants to use the oversight authority of the Comptroller's office to once again become the sheriff of something. He got a lot of mileage out of playing sheriff, as the public loves the pretense of someone in public officer "fixing" the people they hate. Few were able to create targets of derision better than Spitzer, enough so that when he used bazookas to go after flies, even innocent flies, the only sound from the groundlings was applause.

At Cato, Walter Olson reminds us of who this Spitzer guy was before his fall from grace. But hubris never takes a day off, so Spitzer made his pitch:

On “CBS This Morning,” Spitzer said, “I sinned, I owned up to it, I looked them in the eye, I resigned, I held myself accountable. I think that was the only right thing to do. There’s a record there that I hope they will look to and say, ‘yes, the comptroller’s position is one that fits his skill set and we hope that we can bring him back for public service.’”
Some might think the generous thing to do, particularly from someone inclined toward redemption as befits a criminal defense lawyer, would be to accept his concession of wrongdoing, the price he paid by giving up the post of governor with his wife (could she be described as cuckolded?) forced to stand next to him as if this wasn't a humiliation so far beyond anything she could ever imagine happening to her. 

And yet, while his announcement has produced no end of hilarity in some circles, it should be taken with brutal seriousness.  George Santayana's warning comes to mind, though it strikes me as needing a slight adjustment here. It's not that we've forgotten the past of Eliot Spitzer, but maybe we just can't muster the will to reject him despite the past. There just isn't anyone else around who has enough name recognition, star stature, to interest us, unless Kim Kardashian jumps into the race. 

It's not that there aren't other people whose ideas are worthy of our political consideration, but, heck, Americans need to be spoonfed what they think because critical thought makes our head hurt and takes us away from important bonding time at fast food restaurants and in front of computer gaming consoles.

"Spitzer? Yeah, I remember that name. He was, like, somebody once, right?  Pass me a beer."

Even local newspapers aren't particularly outraged. In fact, because of what the New York Post calls a "talent drought," they are preparing to do what they never do: forgive.  Newsday says his candidacy is "worth a look," a curious position given its rush to convict the amorphous unindicted and forgive the admitted criminal. The Daily News takes a more level headed approach, relating the hard facts of his failures as governor to the job of comptroller to remind people that Spitzer would be a disaster even if he wasn't pond scum otherwise.

Since SJ isn't political, you might wonder why I've written a post about Spitzer, who wouldn't be eligible to vote no less run had he been prosecuted like a regular guy for what he did.  Because Eliot Spitzer would be the first guy, aside from Rudy Giuliani and Joe McCarthy, to string you up for a millisecond of adoration.

Is it unduly hopeful to believe that the age of the popular appeal of the avenging angel is over?  Is it wrong to hope that the public bloodlust for "getting" someone, anyone, so that we can pretend we've rid society of all the people who make our lives unpleasant and can go back to a time when we can only take for ourselves? 

Eliot Spitzer reflected the worst of us. Then he was gone, destroyed by his own hand as the overly righteous should be.  And now he's back?  Will we reject him and all he represents because we've had enough of the avenging angels?  Or are we as still as angry and mindless as we were when he was crowned governor?



Go away, Spitzer. Just go away.

 



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Source: http://blog.simplejustice.us/2013/07/09/welcome-back-spitzer.aspx?ref=rss

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Punishment for former Tax Court Judge George Perez stands

The Minnesota Supreme Court agreed with the Board on Judicial Standards. Former Tax Court Judge George Perez should be censured and his case should be forwarded to the Wisconsin Office of Lawyer Registration.

The Supreme Court also said it would supervise any future application Perez submits to the Minnesota Bar.

In November 2012, the BJS filed a disciplinary petition against Perez alleging that he failed to issue his opinions in a timely manner, falsified court records to show he had no cases pending, refused to accept new cases and demonstrated a “pattern of delay” in issuing decisions

Chief Justice Lorie Gildea appointed a three member panel to hear the case. That body ruled the BJS proved two of the claims by “clear and convincing evidence”, but did not prove two others.

Among other findings, the panel concluded Perez made “a substantial number of false certifications over an extended period of time.”

For punishment, the panel recommended a nine month suspension, a prohibition on serving out the rest of the term and for Perez to submit monthly status reports on his pending cases. The BJS pushed to have Perez removed from office, effectively ending his judicial career.

None of that mattered however because Perez was up for reappointment. In the waning days Gov. Mark Dayton recommended he not be confirmed. The Minnesota Senate vote was unanimous and Perez’s tenure as a Tax Court judge ended.

But Perez appealed the panel’s decision arguing it was moot because he was no longer a Tax Court Judge and secondly, he argued the BJS did not prove its case. He also claims the damage has been done. He also argues that any discipline should be mitigated because since January 2012, the time when he engaged with the BJS’ investigation, all of his decisions were decided within the three month deadline.

“Judge Perez argues we should not discipline him. He contends his removal from office… and the news media coverage of the panel’s findings constitute sufficient discipline for his misconduct.”

The Supreme Court disagreed with Perez and affirmed the discipline handed down by the panel. Doing so, “protects the integrity of the judicial system and should help restore the public’s confidence.”

Justice David Lillehaug took no part in the decision.

 

 

Source: http://minnlawyer.com/minnlawyerblog/2014/01/15/punishment-for-former-tax-court-judge-george-perez-stands/

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All Door Are Definitely Not Alike

doors

Door are similar in that they all lead somewhere. On a plane, though, where they lead is kind of important – the bathroom, or, as reported at theindependent.ie …

Tomasz Mucha (26) had never been on a plane before and drank vodka and beer to steady his nerves before attempting to open the back door of the Ryanair aircraft.

Yeah, unless you’re on the ground, that door is not your average door. But fortunately …

Dublin District Court heard he did not manage to get the door open due to the air pressure.

Whew. Still, the Judge must have thrown the book at this gent.

Judge James Faughnan fined him €200 after the accused said he realised how serious the situation could have been.

And that was after “Mucha … pleaded guilty to being intoxicated on an aircraft and using threatening, abusive or insulting behaviour.” Had that happened in the United States, do you think the guy would have been hit with only a 200 euro fine ($270 US)?  You’ll find the source, and more, by clicking here.

 

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/UFH_Fayr47I/asfd-8.html

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Jared Correia Interviews Legal Marketing Expert Joyce Brafford at the Mass LOMAP Conference

Jared Correia, co-host of The Legal Toolkit on Legal Talk Network, interviews Joyce Brafford about marketing for lawyers at Mass LOMAP's 4th Annual Super Marketing Conference. She recommends that lawyers choose one social media platform, maintain consistent engagement, and be sincere, especially in solo and small firms with more personal clients. Brafford is a Practice Management Advisor with the North Carolina Bar Association, making sure lawyers have access to the technology that can help them run their firms efficiently and professionally.

Source: http://legaltalknetwork.com/podcasts/special-reports/2014/07/jared-correia-interviews-legal-marketing-expert-joyce-brafford-mass-lomap-conference

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Rights groups condemn Algeria for unfair trial of activists

Two major human rights advocacy groups on Tuesday voiced [HRW press release] their opposition to the "unfair trial" that led to the conviction of 26 Algerian activists on charges of holding an "armed gathering" and violence against the police. Nine activists were sentenced to six months in prison. The remaining 17, convicted in absentia, received prison sentences of two years. Protesters gathered in the Algerian city of Laghouat [official website, in French] on June 8 to protest the government's protocol...

Source: http://jurist.org/paperchase/2014/07/rights-organizations-call-algerian-activists-convictions-unfair.php

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Zimmerman: No Appeal From The Court of Public Opinion (Update)

George Zimmerman was acquitted on a Saturday night. Keyboards were pounded. Reporters reported. Pundits opined. And the jury in the court of public opinion rendered its verdict.

Almost no criminal lawyer, prosecution or defense, saw a second degree murder conviction coming. Education and experience condemns us to view evidence and law with detached logic, so there is no emotionalism, no reliance on "common sense," to fudge the proof.

While juries regularly reach verdicts that bear little relation to the facts, evidence and applicable law, mostly because it's a deeply flawed system, that didn't happen here. The best discussion of what happened that has been produced thus far comes from the Unwashed Advocate, Eric Mayer, who succinctly lays it out.

Acquittal was the right verdict in this case, no matter how much you feel Zimmerman acted out of prejudice, or how terrible it is that a young man was killed.

But the court of public opinion rendered its opinion on twitter following the verdict. For those who embrace the "wisdom of crowds," consider its holding:

1. Trayvon Martin's family should appeal the verdict, up to the Supreme Court if necessary.
2. On appeal, they can make George Zimmerman testify.
3. Then, George Zimmerman will be convicted because a young man is dead.

It's not that people intentionally determined that the Constitution should be ignored. It's that the crowds have no clue.  Maybe they slept through civics class. Maybe they don't remember. Maybe they don't care. But less than ten days after we celebrated the independence of this nation, the court of public opinion has decided they don't like them.

There will be no appeal because of the double jeopardy clause, which precludes it. Zimmerman did not have to testify, and will never have to testify in a criminal prosecution, because he has the right not to testify. And most sadly, the fact that a young man is dead does not compel the conclusion that someone be convicted of a crime.

So much for the adoration of crowdsourcing, or the desiderata that the public can be entrusted with the handling of the law.  In the court of public opinion, assumption runs rampant, as people get their own "feel" for right and wrong, and then become so entrenched in their own bias that they refuse to consider the hard details of evidence and proof.  People need no trial to tell them what happened. They hear a story and whatever gut reaction they have to it becomes their reality.

As it turns out, much of what was told about the death of Trayvon Martin is either false or mired in mystery. When left with the proposition that we will never know what "really" happened, the significance is that the prosecution then lacks evidence to prove its case.  But Trayvon is dead, so it's unfair since he can't tell his side of the story?  True, but that doesn't change the requirement that a defendant be proven guilty. The rule is not proof if its available, assumption if it's not. Except in the court of public opinion.

Is there nothing left to do? There is the possibility of a civil suit for wrongful death by Trayvon Martin's family, just as Nicole Brown Simpson's family sued O.J. The standard of proof is lower, "preponderance of the evidence" rather than "beyond a reasonable doubt," but the outcome will be money damages at worst, not conviction of a crime and imprisonment.

There is also the possibility of a prosecution in federal court for violating Trayvon Martin's civil right to live by shooting him, under the dreaded dual sovereignty that allows the feds a shot if the state fails to convict. That's what happened to LAPD Sgt. Stacey Koon in the Rodney King beating. 

Will either of these happen? Time will tell. The former seems far more likely than the latter, but Trayvon's family may be more legally sophisticated by this point, such that they realize the difficulty that exists with providing evidence to prove their claim.  It's not that they can't believe, but they can't prove.

As show trials go, this one has generated plenty of fodder for television heads to fill the empty minutes between commercials.  But it has also shown that the court of public opinion can't be trusted. Americans still don't understand their own system. They don't get that the rights they want for themselves have to be given to people they despise as well. They refuse to accept that someone they feel with absolute certainty is guilty can be properly acquitted.

Did George Zimmerman have hate in his heart? Who knows. I don't. Neither do you, no matter how strongly you believe you do. But he wasn't proven to have killed Trayvon Martin because of his ill will toward a young black man, and when that happens under our system, acquittal must follow. Yet the court of public opinion refused to accept the verdict, instead pushing its million member jury deeper into ignorance.

There is one truth that neither conviction nor acquittal can change:

 A young man named Trayvon died. He didn’t need to die. That is both tragic and sad.
And there is another truth that twitter cannot change. For all the vast information that has become available to us by virtue of the internet, there is no wisdom of the crowds.

Update: Already this morning, television news has broadcast the twits of New York City politicians and candidates following the verdict. They have the potential to enlighten, to calm, to inform. Instead, they are pandering and inflaming the passions and ignorance of the public, playing the confirmation bias card.

Whether they too lack a working grasp of our legal system, or know better and just don't care, is unclear. Either way, a million people could end the day stupider than it began. Is it worth a vote? Don't answer.


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Source: http://blog.simplejustice.us/2013/07/14/zimmerman-no-appeal-from-the-court-of-public-opinion.aspx?ref=rss

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Washington's sexual orientation discrimination amendment is not retroactive

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.

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Source: http://www.lawmemo.com/blog/2012/09/washingtons_sex.html

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Mark Woods: My VAM is much less exact but far more accurate (Florida Times-Union)

Share With Friends: Share on FacebookTweet ThisPost to Google-BuzzSend on GmailPost to Linked-InSubscribe to This Feed | Rss To Twitter | Law - Video Stories, RSS and RSS Feed via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/law/video/389355026?client_source=feed&format=rss

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OPINION: A Calculation of Fido's Value Must Include Warm, Fuzzy Factor

Awarding traditional property damages in cases of injured or killed pets falls short.

Source: http://www.nationallawjournal.com/id=1202631180028?rss=rss_nlj

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Police Unions' Motion Denied in Stop/Frisk

Southern District Judge Analisa Torres said police unions' intervenor bids opposing the settlement between New York City and plaintiffs in stop-and-frisk litigation were untimely and the unions had "no significant protectable interests relating to the subject of the litigation that would warrant intervention."

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202665239518&rss=newswire

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Wednesday, July 30, 2014

Federal appeals courts split on health care subsidies

[JURIST] Two separate federal appeals court reached opposite conclusions Tuesday on subsidies for individuals who sign up for health insurance through the federal government's marketplace. The US Court of Appeals for the District of Columbia Circuit [official website] ruled [opinion, PDF] that such subsidies are only available through state-run exchanges, currently operating in only 14 states and the District of Columbia. That ruling reversed a lower court decision [JURIST report] from January. In contrast, the US Court of Appeals for...

Source: http://jurist.org/paperchase/2014/07/federal-appeals-courts-split-on-health-care-subsidies.php

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OPINION: A Calculation of Fido's Value Must Include Warm, Fuzzy Factor

Awarding traditional property damages in cases of injured or killed pets falls short.

Source: http://www.nationallawjournal.com/id=1202631180028?rss=rss_nlj

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Second Circuit Applies Morrison v. National Australia Bank to Allow Certain Extraterritorial Application of RICO

In European Community v. RJR Nabisco, Inc., Case No. 11-CV-2475 (2d Cir. Apr. 23, 2014), the United States Court of Appeals for the Second Circuit held that the Racketeer Influenced and Corrupt Organizations (“RICO”) statute, 18 U.S.C. § 1961, et seq., could apply to conduct outside the territory of the United States.  In doing so, the Second Circuit addressed the United States Supreme Court’s ruling in Morrison v. National Australia Bank Ltd., 130 S. Ct. 2869 (2010) [blog article here], which held that United States statutes are presumed not apply to extraterritorial conduct, unless Congress has clearly indicated its intent that the statute have extraterritorial application.  Applying Morrison, the Second Circuit determined that RICO could apply to extraterritorial conduct, because a number of the statutes listed as predicate acts for RICO liability clearly apply extraterritorially.  The Second Circuit ultimately concluded “that RICO applies extraterritorially if, and only if, liability or guilt could attach to extraterritorial conduct under the relevant RICO predicate.”  Thus, even after the Supreme Court’s ruling in Morrison, RICO liability can still attach to foreign conduct where the underlying predicate statute applies to extraterritorial conduct.

In this case, the European Community and 26 of its member states (collectively the “European Community”) brought an action against RJR Nabisco, Inc. and a number of its corporate affiliates (collectively, “RJR”) alleging that “RJR directed, managed, and controlled a global money-laundering scheme with organized crime groups in violation of the RICO statute, laundered money through New York-based financial institutions and repatriated the profits of the scheme to the United States, and committed various common law torts in violation of New York state law.  The complaint alleged a number of predicate racketeering acts, as required by the RICO statue, including violations of the Travel Act, 18 U.S.C. § 1952, and violations of the statutes criminalizing mail fraud, wire fraud, money laundering and providing material support to foreign terrorist organizations.  The complaint also alleged claims under New York state law for fraud, public nuisance, unjust enrichment, negligence, negligent misrepresentation, conversion and money had and received.  RJR filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing primarily that RICO could not apply to extraterritorial conduct in the wake of Morrison.

In considering RJR’s motion to dismiss, the United States District Court for the Eastern District of New York determined that the racketeering enterprise alleged in the complaint was a foreign enterprise “which consisted largely of a loose association of Colombian and Russian drug-dealing organizations and European money brokers whose activity was directed outside the United States.”  The district court held that the complaint failed to state a viable RICO cause of action, because the “focus” of the RICO statute is the racketeering enterprise, and, absent a domestic enterprise, Morrison’s presumption that United States statutes do not apply extraterritorially would preclude such extraterritorial application.

The Second Circuit disagreed, holding that “Congress manifested an unmistakable intent that certain of the federal statutes adopted as predicates for RICO liability apply to extraterritorial conduct.”  The Second Circuit held further that when a predicate act underlying a RICO claim applies extraterritorially, then any claim based upon that act would also.  In support of this holding, the Second Circuit cited RICO predicate statutes that only apply to extraterritorial conduct, such as 18 U.S.C. § 2332, which criminalizes killing and attempting to kill United States nationals outside of the United States.  The Second Circuit found that these predicate statutes exhibited Congress’s intent that, in certain circumstances, RICO should apply extraterritorially.  The Second Circuit then determined that the European Community’s claims that alleged predicate acts of money laundering and providing material support for terrorism could apply extraterritorially in light of the clear indications from Congress that those statutes were designed to criminalize foreign conduct.

The Second Circuit reached a different conclusion with respect to the RICO claims based upon predicate acts of mail fraud, wire fraud and violations of the Travel Act.  The Court held that these claims did not apply extraterritorially because Congress did not exhibit the intent to make those statutes apply extraterritorially.  The Second Circuit, however, allowed those claims to proceed, because it held that the complaint alleged “that RJR essentially orchestrated a global money laundering scheme from the United States by sending employees and communications abroad.”  The Court held that this allegation, and other similar allegations, established a domestic enterprise and that the alleged scheme was directed at the United States in a way that had significant domestic ramifications.  Ultimately, those allegations provided a sufficient domestic nexus for the claims to proceed past the pleading stage.  The Second Circuit, however, made clear that, at trial and on summary judgment, the European Community would be required to provide proof of the domestic nature of those predicate statutory violations.

Whereas the Supreme Court’s decision in Morrison dealt specifically with the Securities Exchange Act of 1934, the Second Circuit’s application of Morrison to RICO claims in this case suggests that Morrison may have significant implications beyond the securities laws.  Future decisions likely will rely upon the Court’s approach here of carefully heeding the underlying principals articulated in Morrison, and requiring a showing of clear Congressional intent before any federal statute will be applied to extraterritorial conduct.

Source: http://www.corporatesecuritieslawblog.com/2014/05/second-circuit-applies-morrison-v-national-australia-bank-to-allow-certain-extraterritorial-application-of-rico/

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License Loss Keeps Habeas Claim Alive 

A petitioner may pursue her habeas claim after completion of a jail sentence; an Augusta County Circuit Court says petitioner’s claim is not moot because she ultimately seeks reinstatement of her nursing license. It is reasonable to suggest that prior to the Supreme Court of Virginia’s decision in E.C. v. Va. Dep’t of Juvenile Justice, ...

Source: http://valawyersweekly.com/2014/01/02/license-loss-keeps-habeas-claim-alive/

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Eric Turkewitz on Legal Blogging

Eric Turkewitz, of The Turkewitz Law Firm and author of the New York Personal Injury Law Blog, offers dos and don'ts for first-time legal bloggers.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202596852680&rss=newswire

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This Week on Legal Talk Network (7/7/2014)

Hello. This is Laurence Colletti for This Week on Legal Talk Network. Monday, Digital Detectives hosts Sharon Nelson and John Simek asks special guest Bob Ambrogi about a new survey that suggests that 77% of lawyers at not trustworthy with client data. Here's a preview.
On Wednesday, The Legal Toolkit's Heidi Alexander takes to the road for a Special Report and interviews Clio's Jack Newton at the recent MASS LOMAP conference about his views on cloud technology and customer centricity.
Thursday, we spotlight Heidi again at MASS LOMAP as she speaks to Jim Schonrock from Findlaw about the concept of a "silver bullet" in marketing.
And on Friday, we finish the week with Lawyer 2 Lawyer - our hosts Bob Ambrogi, J Craig Williams and guests discussing the recent Hobby Lobby Supreme Court ruling and how it will effect free speech, women's reproductive rights and the Affordable Care Act. So tune in. It's all right here . . . This Week on Legal Talk Network.

Source: http://traffic.libsyn.com/sr/This_Week_on_LTN_7-7_Audio_Only.mp3

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Comity Prompts Court’s Deferral 

A Richmond Circuit Court denies plaintiff’s motion to add party defendants, and says these proposed defendants are the same ones named as defendants in a companion case pending before another judge of this court and it appears plaintiff is seeking an end run around an adverse ruling by another court. Since the issue of whether ...

Source: http://valawyersweekly.com/2014/01/02/comity-prompts-courts-deferral/

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In Colo., An Effort To Ease Court Confusion Over Same-Sex Marriage

The Colorado attorney general has asked the state's Supreme Court to stop same-sex marriages.

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Source: http://www.npr.org/2014/07/28/336123307/in-colo-an-effort-to-ease-court-confusion-over-same-sex-marriage?ft=1&f=1070

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Burwell v. Hobby Lobby: Religion, Contraception, and Regulation

The Supreme Court's recent decision in Burwell v. Hobby Lobby invokes passionate debates and fiery discourse. At the spearhead of exchange are questions about reproductive, First Amendment, and healthcare rights. On this episode of Lawyer 2 Lawyer, host Bob Ambrogi brings light to these issues along with Emily Martin from the National Women's Law Center and Elizabeth Slattery from the Heritage Foundation. Together they discuss the application of the Religious Freedom Restoration Act vs. invoking a Constitutional argument centered around the First Amendment. Tune in to learn more about the 4 debated methods of contraception, Justice Ginsburg's dissent, and religious rights of corporations.
Emily Martin is the Vice President and General Counsel at the National Women's Law Center, where she undertakes cross-cutting projects addressing women's health, economic security, and education and employment opportunities. Prior to joining the Center, Ms. Martin served as Deputy Director of the Women's Rights Project at the American Civil Liberties Union and served as a law clerk for Senior Judge Wilfred Feinberg of the U.S. Court of Appeals for the Second Circuit and Judge T.S. Ellis, III, of the Eastern District of Virginia. She has served as Vice President and President of the Fair Housing Justice Center, a non-profit organization in New York City.
Elizabeth Slattery is a senior legal policy analyst in The Heritage Foundation's Edwin Meese III Center for Legal and Judicial Studies. She researches a variety of issues such as the rule of law, the First Amendment, civil rights and equal protection, and the scope of constitutional provisions. Ms. Slattery also studies and writes about cases before the Supreme Court, judicial nominations, and the proper role of the courts. She manages the Meese Center's appellate advocacy programs, including moot court sessions to prepare litigators for oral argument before the Supreme Court. Ms. Slattery's analysis and commentary have appeared in The Washington Times and The Washington Examiner, as well as outlets including National Review Online, The Daily Signal, The Daily Caller and U.S. News and World Report.
Special thanks to our sponsor, Clio.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2014/07/burwell-v-hobby-lobby-religion-contraception-regulation

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Jared Correia Interviews Legal Marketing Expert Joyce Brafford at the Mass LOMAP Conference

Jared Correia, co-host of The Legal Toolkit on Legal Talk Network, interviews Joyce Brafford about marketing for lawyers at Mass LOMAP's 4th Annual Super Marketing Conference. She recommends that lawyers choose one social media platform, maintain consistent engagement, and be sincere, especially in solo and small firms with more personal clients. Brafford is a Practice Management Advisor with the North Carolina Bar Association, making sure lawyers have access to the technology that can help them run their firms efficiently and professionally.

Source: http://legaltalknetwork.com/podcasts/special-reports/2014/07/jared-correia-interviews-legal-marketing-expert-joyce-brafford-mass-lomap-conference

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Tuesday, July 29, 2014

Yes, Someone Would Stoop This Low To Try To Avoid Getting A Speeding Ticket

police lights

What lengths would you go to in order to avoid a speeding ticket? Ladies, would you fire up the waterworks? Gents, would you throw yourself on the mercy of the officer? You won’t believe what this guy did. As reported by WFTV.com:

A man is accused of calling 911 to say that a murder was about to take place, but West Melbourne authorities said the caller was just trying to get out of a traffic stop.

Yes, you read that correctly.

Police said that Julius Lupowitz called 911 to report a murder in hopes that the officer who stopped him would respond to the priority call on Wingate Boulevard rather than write him a citation.

Lupowitz is heard in the call saying there was a man with a gun and that someone was going to get shot and then the call is disconnected.

“I see there’s a murder that’s going to happen, I swear, on Wingate, on Wingate. No, Wingate and Wickham. No, on Wingate and Hollywood, Wingate and Hollywood,” the man said in the call to 911. “I swear there’s going to be a murder any second. I swear there’s a man with a gun.  Please, I just called, it’s Wingate and Hollywood.”

The 911 operator received a second call from the same man, telling the same story. As the operator probed the caller for more information, he again disconnected the line.

But this lead-footed criminal genius was no match for the 911 dispatcher.

A quick-thinking Brevard County Sheriff’s Office dispatcher did a search for prior incidents associated with the telephone number the 911 calls came from to find the phone belonged to Lupowitz. West Melbourne Police Officer Ted Salem was on the traffic stop when the 911 calls were received.

As he attempted to quickly end the stop to respond to the priority call, he overheard the dispatcher relay over the air that Lupowitz was the telephone owner.

“When she broadcast that information, our officer was standing at the door of Mr. Lupowitz’ vehicle and realized it was the same person making the 911 calls,” said Richard Cordeau, with the West Melbourne Police Department.

Toast.

Police said Lupowitz would have only received a $209 speeding fine, but now, he faces a third-degree felony charge for misuse of the 911 system and he still received the citation. Police said that charge could land him in jail for up to five years if convicted.

Lupowitz was arrested later at his home without incident, police said.

“This incident needlessly tied up a critical component of public safety. The 911 system is intended for people who truly need help. In addition, these false calls created an unnecessary delay in our officers’ ability to respond to true emergencies,” said Lt. Cordeau of the West Melbourne Police Department.

He was turned over to the Brevard County Sheriff’s Office and given a $2,000 bail amount.

You’ll find the source, and a mug shot, if you click here.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/GiCHCOM83m0/asdf-35.html

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Federal appeals court postpones execution over drug secrecy

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Saturday postponed [opinion, PDF] an Arizona death row inmate's execution until prison officials reveal details on the two-drug combination that will be used for the lethal injection. Joseph Wood's attorneys argued [AP report] that their client's First Amendment rights were violated by the prison officials withholding detailed information on the drugs used for his lethal injection. Wood requested the information following recent procedural issues with legal injections...

Source: http://jurist.org/paperchase/2014/07/federal-appeals-court-postpones-execution-until-drug-source-revealed.php

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Model Rules for the Modern Lawyer: Leveraging Technology to follow ABA Guidelines

As the rate of new technology increases, it becomes more difficult for lawyers to keep up with industry standards for protecting client data confidentiality. In addition to the rigors of day-to-day practice, attorneys are expected to be familiar with terms such as SSL 256, SaS 70, and SSAE 16. On this episode of the Un-Billable Hour, host Chris T. Anderson interviews The Droid Lawyer blogger, Jeffrey Taylor. Together they discuss the importance of attorneys staying current through workshops, blogs, conferences, and state bar associations. In addition, tune in to learn more about the security issues associated with cloud-based vs. server-based practice management software solutions.
Jeffrey Taylor is the author of The Droid Lawyer blog. The blog discusses Android mobile operating system for lawyers. The Droid Lawyer is one of the ABA Journal's Top 100 law blogs, and one of Biztech Magazine's Top 50 Must Read IT Blogs. Jeff is an attorney in Oklahoma City, Oklahoma.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2014/05/model-rules-modern-lawyer-leveraging-technology-follow-aba-guidelines

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Professors Protest Curbs on Drones; D.C. Handgun Ban Ruled Unconstitutional

The AM Roundup: Law Blog rounds up the morning's news.

Source: http://blogs.wsj.com/law/2014/07/28/professors-protest-curbs-on-drones-d-c-handgun-ban-ruled-unconstitutional/?mod=WSJBlog

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How Bad Ideas Grow Legs

Last January, Instapundit lawprof Glenn Reynolds wrote a short essay that became the darling of many folks who take an interest in criminal justice issues entitled Ham Sandwich Nation: Due Process When Everything is a Crime. To be kind, it was a simplistic rehash of long-time, discredited silver-bullet solutions to complex problems. The only virtue was that it came from Reynolds, who was a law professor and thus credible by definition even though he was dabbling at the edges of an area of law about which he knew nothing.

It was excoriated here. Gideon beat it up at A Public Defender as well. Unlike Reynolds, this wasn't a theoretical exercise for us. We lived with the problems, and would wind up living with whatever inane solution seemed like a cool idea to an academic.  Whereas Reynolds' mantle of scholarly credibility was an asset for others whose interest came from a distance, ours was nuts and bolts, from living with the detritus of bad ideas in the trenches.

Radley Balko took us to task for being critical of Reynolds. The Agitator offered a homily of cooperation, arguing that we ought to work with luminaries like Reynolds rather than saying mean things like their ideas aren't fabulous. After explaining what was horribly wrong with a particular idea promoted by Reynolds that Radley found especially interesting (loser pays in criminal litigation), I wrote:

Radley also questioned by twit why I wasn't more open to embracing the ideas proffered by Glenn Reynolds and Conor Friedersdorf, "And it's probably more productive to engage, persuade new allies than to shun and mock them."  Since I hate to be a shunner or mocker, and I try to be relatively informative as reflected in this response to Radley's query, I look forward to Reynolds and Friedersdorf, our new allies, engaging. Engage away, guys. Your turn.

Of course, I was shunning and mocking, just as Radley said. But then, I had no plan to suck up to Reynolds in an effort to gain him as an ally anymore than I planned to teach a pig to sing. As players in punditry go, Reynolds is a major player,* and he enjoys his importance. He doesn't swim with minnows like Gid and me. At most, he eats us for a snack. Radley may have been well-intended, but didn't really appreciate the pecking order.

Of course, there was nothing to stop Reynolds, either before or after he published his Ham Sandwich essay, from speaking with people who were actually knowledgeable about criminal law, whether that was Gid and/or me, or some other trench lawyers, who could explain why good ideas on paper don't play as well in the courtroom.  But no. He didn't. Since it was his essay being published to enlighten the world, it was his duty to get a clue, and his choice not to.

My point to Radley at the time was the when loud voices with ascribed credibility write something like this, bad things happen. Bad ideas are taken more seriously. Other people will mistakenly assume that Reynolds, lawprof and all, has a clue what he's talking about and his ideas must have merit. After all, lawprofs could never be wrong about lawstuff.  And now that Reynolds had rung the bell, it could not be unrung.

George Will, certainly one of this country's leading conservative intellectuals, heard the peal of Reynolds' bell this week. In an otherwise excellent column on Senators Leahy and Rand's efforts to provide a backdoor to mandatory minimums (which raises the question of why they aren't seeking to end mandatory minimums through the front door, but we'll take it anyway they offer it), Will goes from the sublime to the ridiculous:

The House Judiciary Committee has created an Over-Criminalization Task Force. Its members should read “Three Felonies a Day: How the Feds Target the Innocent,” by Harvey Silverglate, a libertarian lawyer whose book argues that prosecutors could indict most of us for three felonies a day. And the task force should read the short essay “Ham Sandwich Nation: Due Process When Everything Is a Crime” by Glenn Harlan Reynolds, a professor of law at the University of Tennessee. Given the axiom that a competent prosecutor can persuade a grand jury to indict a ham sandwich, and given the reality of prosecutorial abuse — particularly, compelling plea bargains by overcharging with “kitchen sink” indictments — Reynolds believes “the decision to charge a person criminally should itself undergo some degree of due process scrutiny.”

He also suggests banning plea bargains: “An understanding that every criminal charge filed would have to be either backed up in open court or ignominiously dropped would significantly reduce the incentive to overcharge. . . . Our criminal justice system, as presently practiced, is basically a plea-bargain system with actual trials of guilt or innocence a bit of showy froth floating on top.”

While Instapundit is a Big Kahuna on the interwebz and among academics, George Will has a soap box that dwarfs Reynolds. And he's taken Reynolds' "ideas" mainstream, not only crediting Reynolds for his position as an academic, but taking for granted that he's got criminal law chops.  It's unlikely that George checked Reynolds out at Tennessee Law School, where he teaches Administrative Law, Constitutional Law, Law, Science, and Technology, Space Law, Internet Law. See criminal law in there? See anything in his past to suggest even a passing familiarity with the actual practice of criminal law? Me neither.

Yet, I look forward to some fine senators extolling the virtue of a dangerous and hare-brained reform of the law, citing to Glenn Reynolds' Ham Sandwich essays as the font of practical criminal law brilliance.  Because the myth has now been created and George Will gave it legs.

And this is how we end up with monumentally bad ideas being enshrined in law.


* For those who aren't familiar with Instapundit, this from Reynolds' Wikipedia page

Much of Instapundit's content consists of links to other sites, often with brief comments. (His frequent use of "heh," "indeed," and "read the whole thing" have been widely imitated and are often parodied by other bloggers.) Reynolds encourages readers to explore the wider blogosphere and to fully read articles and posts to which he links.
And that's the foundation for being a major player on the internet.




© 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.

Source: http://blog.simplejustice.us/2013/07/10/how-bad-ideas-grow-legs.aspx?ref=rss

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The New Pregnancy Drug Law in Tennessee

On July 1st a new law took effect in Tennessee that allows prosecutors to pursue criminal assault charges if the mother uses illegal drugs during pregnancy. Although it had widespread bipartisan support and is designed to fight Neonatal Abstinence Syndrome, some believe it to be an unconstitutional infraction on privacy, equal protection, and due process. On this episode of Lawyer 2 Lawyer, host J. Craig Williams interviews Tennessee House Representative Mike Carter and Legal Director for the American Civil Liberties Union of Tennessee Thomas Castelli. Together they discuss maximum penalties, the law's effect on demographics, and treatment based defenses to punishment. Tune in to hear why the Tennessee General Assembly believes this law is their only option and the reasons the ACLU is fighting it.
Thomas H. Castelli is the Legal Director for the American Civil Liberties Union of Tennessee. Prior to joining the ACLU, he provided litigation counsel to businesses and law firms with Counsel on Call and was a founding partner with Castelli and Knox, LLP, a small general practice firm with an emphasis on employment discrimination and wrongful discharge. He also worked as an associate at Schulten, Ward and Turner, LLP as well as Sutherland, Asbill and Brennan, LLP, where he focused on employment, construction, bankruptcy and general business litigation. He is a native Tennessean who grew up in Murfreesboro.
The Honorable Mike Carter is a House Representative in the Tennessee General Assembly. He is a life-long resident of Ooltewah, Tennessee and practiced law for twenty years before being appointed as Judge, now retired, in 1997 by then Governor Don Sundquist. In 2009, Mr. Carter served as Special Assistant to then County Mayor Claude Ramsey. In 2012, he ran unopposed as a State Representative to serve the people of the newly created 29th District of Tennessee. Carter serves on the House Civil Justice Committee, House Finance Ways and Means Committee, and the House Ethics Committee. He also serves on TACIR (Tennessee Advisory Commission on Intergovernmental Relations) and the House Judicial Oversight Panel.
Special thanks to our sponsor, Clio.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2014/07/new-pregnancy-drug-law-tennessee

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Nurse Has Sovereign Immunity 

An Orange County Circuit Court grants a special plea of sovereign immunity to a defendant who provided nursing services at a county nonprofit nursing facility. In the requests for admission, plaintiff admitted Dogwood Village was a nonprofit nursing facility owned by Orange County and overseen by the Health Center Commission of Orange County, and that ...

Source: http://valawyersweekly.com/2014/01/02/nurse-has-sovereign-immunity/

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Data Breaches, eDiscovery, and the Importance of Digital Forensics

Every law firm can run into incidents of employee misconduct, data breaches, and intellectual property theft. In the age of modern technology, data breaches, insider trading, and other security problems require extensive technological forensics. Partners and firm owners, as well as lawyers working within the firm, need to understand why a digital investigation is needed, what steps should be taken within an investigation, and who should be involved. Having this knowledge can save the firm thousands of dollars while uncovering the truth.
In this episode of Digital Detectives, Sharon Nelson and John Simek interview ediscovery and compliance attorney Patrick Oot about how attorneys should be prepared on technology issues when they start to investigate criminal and civil matters. Everyone leaves technology footprints, Oot explains. Whether dealing with an internal investigation or with client data, the most important asset is unbiased, comprehensive, and well documented research. When hiring a digital investigator, the firm should always find an outside expert who is experienced with data breaches, understands how data moves through the system, and can manage proper narrative to the regulators. Properly conducting a digital investigation can make the difference in the credibility and success of a law firm.
Patrick Oot is a partner in the DC office of Shook Harty and Bacon LLC where he leads the practice on e compliance and digital investigations. He is one of the few ediscovery and compliance attorneys in the nation that possesses the tripartite experience of an in-house corporate counsel from a fortune 16 organization, a senior attorney at a federal regulatory agency, and a partner in a large law firm. Patrick has extensive experience advising on discovery and investigative matters involving commercial litigation, compliance, regulatory requests, antitrust matters, and personnel issues.
Special thanks to our sponsor, Digital WarRoom.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2014/07/data-breaches-ediscovery-importance-digital-forensics

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SMU's Next Law Dean Has Administrative Background

Southern Methodist University has named Wake Forest University Vice Provost Jennifer Collins as the next dean of its Dedman School of Law. Collins, who has also taught law at Wake Forest since 2003, will assume the SMU deanship in July.

Source: http://www.nationallawjournal.com/id=1202634048159?rss=rss_nlj

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Monday, July 28, 2014

77% of Lawyers Can’t Be Trusted With Confidential Client Data

All lawyers have an ethical obligation to employ security measures when sharing information and data with their clients. Whether that means encrypting all important emails or properly researching cloud based file-sharing services like Dropbox, it is incumbent on lawyers to understand the levels of security available. LexisNexis recently did a survey on what tools lawyers and legal professionals are using to protect their clients' privileged information. 77% of the lawyers surveyed did not have adequate security for their confidential client data. How important is encryption and what can lawyers do to change the way they share data?
On this episode of Digital Detectives, Sharon Nelson and John Simek interview Bob Ambrogi, a lawyer and journalist who recently wrote about the LexisNexis survey. They ask him about the implications of the survey, what security measures lawyers should be taking, how frequently clients are hurt by lack of security, and why lawyers are generally resistant to learning about data encryption. Ambrogi explains that an overall lack of information, ignored ethics rulings, lack of time, and assumed difficulty are the reasons lawyers often refuse to learn how to safely share data. He encourages lawyers, especially the ones in small or solo firms, to seek out a consultant to learn about the relatively easy encryption tools and techniques. After all, no lawyer wants to be a part of the 77%.
Bob Ambrogi is a Massachusetts lawyer and journalist and has covered legal technology and the Internet for two decades. He writes the "Ambrogi on Tech" column for the ABA Journal and his blog LawSites, launched in 2002, is in the ABA Journal Blawg 100 Hall of Fame. Since 2005, he has co-hosted the legal-affairs podcast Lawyer 2 Lawyer also on the Legal Talk Network.
Special thanks to our sponsor, Digital WarRoom.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2014/07/77-lawyers-cant-trusted-confidential-client-data

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Federal Appeals Court Strikes Down Virginia’s Gay Marriage Ban

A federal appeals court on Monday ruled that Virginia’s ban on same-sex marriage is unconstitutional, marking the latest in a string of significant wins for gay-marriage backers. The 2-1 ruling, from the Fourth U.S. Circuit Court of Appeals in Richmond, is the second federal appellate court this year to find a same-sex marriage prohibition unconstitutional. In separate cases, the 10th U.S. Circuit Court of Appeals in Denver in recent weeks shot down state bans in both Utah and Oklahoma.

Source: http://blogs.wsj.com/law/2014/07/28/fourth-circuit-strikes-down-virginias-same-sex-marriage-ban/?mod=smallbusiness

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Dutch prosecutors open war crimes probe into Malaysia Airlines crash

[JURIST] A spokesperson for the Dutch Public Prosecutor [official website, in Dutch] said Monday that their office has opened a war crimes investigation into last week's crash of Malaysia Airlines MH17 [BBC backgrounder] in Ukraine. Prosecutors are investigating allegations [Reuters report] of murder, war crimes and intentionally downing an airliner, and a representative is reportedly in Ukraine as part of the investigation. Under the Netherlands' Law on International Crimes [text, DOC], the government can prosecute any individual who committed crimes...

Source: http://jurist.org/paperchase/2014/07/dutch-prosecutors-open-war-crimes-probe-into-malaysia-airlines-crash.php

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Project Aims To Attract, Train Public Defenders

Atlanta-based nonprofit Gideon's Promise has launched a new program called the Law School Partnership Project, aimed at making it easier for Southern public defenders to hire talented new law graduates.

Source: http://www.nationallawjournal.com/id=1202631276654?rss=rss_nlj

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Novartis Loses Home-State Advantage on Drugs Claim

A federal appeals court has dealt a blow to Novartis? attempt to apply the sharp limits on punitive damages claims of its home state New Jersey to litigation over its cancer drugs Aredia and Zometa.

Source: http://www.nationallawjournal.com/id=1202637622472?rss=rss_nlj

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Judge Nixes Price-Fixing Suit Against Alleged Chinese Cartels

A $58 million antitrust suit, claiming Chinese companies conspired to fix prices for the mineral magnesite, was dismissed July 24 by a Newark federal judge who found that the plaintiffs lacked statutory standing to sue.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202664695222&rss=newswire

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Straight From The Hole

It's far easier to wrap your head around torture when it involves the infliction of active pain. That doesn't make passive pain, the infliction of often unbearable psychological punishment, an less torturous. And it happens regularly, and many time arbitrarily, as explained in an op-ed by Wilbert Rideau, who served 44 years for manslaughter in Louisiana.

Before you dismiss Rideau as a killer who deserved whatever he got, bear in mind that stories from the inside aren't told by saints. Every once in a while, a former inmate emerges with the erudition necessary to put into words the world that most of us never knew existed. When this happens, it's a window through which we need to look. Rideau offers a view of solitary confinement, the hole.
I know something about solitary confinement, because I’ve been there. I spent a total of 12 years in various solitary confinement cells. And I can tell you that isolating a human being for years in a barren cell the size of a small bathroom is the cruelest thing you can do to a person.

Deprived of all human contact, you lose your feeling of connectedness to the world. You lose your ability to make small talk, even with the guard who shoves your meal through the slot in the door. You live entirely in your head, for there is nothing else. You talk to yourself, answer yourself. You become paranoid, depressed, sleepless. To ward off madness, you must give your mind something to do. In 1970, I counted the 358 rivets that held my steel cell together, over and over. Every time the walls seemed to be closing in on me, I counted them again, to give my mind something to fasten on to.

Without having been there, it's likely inconceivable to understand what happens to a mind in isolation. Some of us have trouble being alone for an hour, an evening, a day. Add day upon day, year upon year. But not the way it is for us, where we still have access to television or internet, even if there is no other living person around.  No, this is completely different.

But to add insult to injury, don't leap to the assumption that if a prisoner ends up in the hole, he must have done something pretty bad to deserve it.

In a world where authorities exercise absolute power and demand abject obedience, prisoners are almost always going to be on the losing side, and they know it.

The typical inmate doesn’t want trouble. He has little to gain and too much to lose: his job, his visits, his recreation time, his phone privileges, his right to buy tuna, ramen and stale bread at inflated prices in the commissary. The ways even a bystander to the most peaceful protest can be punished are limited only by the imagination of the authorities.

Punishment can be deserved or not. There's no due process in prison. There's no one to complain to about being punished based on a false accusation, a trumped up allegation, a guard pissed off by an attitude. Authorities own the lives of prisoners, and can be as harsh as they want to be, as arbitrary as they feel like. And there isn't a damn thing you can do about it.

Rideau explains that the prison protests in California are an outgrowth of a system run amok and no other means of addressing their grievance.

And yet, sometimes things get so bad that prisoners feel compelled to protest, with work stoppages, riots or hunger strikes. On July 8, some 30,000 inmates in the custody of the California Department of Corrections went on a hunger strike to demand improvements in prison conditions. Their biggest complaint was the runaway use of solitary confinement, the fact that thousands of prisoners are consigned to this cruelty indefinitely, some for decades.

While prisoners are sentenced to incarceration, no judge sentences them to isolation for decades. There is no requirement that any neutral party review the decision to inflict this torture on another human being. It can be imposed for a sound reason or no reason at all. Who is to disagree?  But no matter what the reason or nonreason, to put a person in the hole for years, for decades, is to impose psychological torture of a terrible kind on a human being.  And there is nothing, absolutely nothing, the prisoner can do about it. 

In California, inmates did the only thing left for them to do, protest. Not too many of us care about what happened to "criminals." After all, bad dudes who did bad things to other people. A pox on them. They get what they deserve and their out of sight, out of mind.  But there is good reason to give them just a little bit of though. For one thing, they are still people, and we are still purportedly a civilized society that doesn't condone the needless brutal treatment of people. But if you lack anything remotely resembling empathy, than do it for your own sake:

Why should you be concerned about the inhumane conditions of prolonged solitary confinement, with all the social, emotional and mental deterioration that it entails? Well, every year men from California’s Pelican Bay and other supermax prisons around the nation are released directly from the vacuum of their cells into free society, to live and work among you and your loved ones. As a matter of self-preservation, maybe we should all join the prisoners’ request for rehabilitative opportunities that will improve the mental health of those in solitary.

Go say "hi" to the guy who moved in down the block kids. So what if he spent the last two decades in the hole and seems a bit odd. I'm sure he'll get over it.



© 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.

Source: http://blog.simplejustice.us/2013/07/17/straight-from-the-hole.aspx?ref=rss

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All Door Are Definitely Not Alike

doors

Door are similar in that they all lead somewhere. On a plane, though, where they lead is kind of important – the bathroom, or, as reported at theindependent.ie …

Tomasz Mucha (26) had never been on a plane before and drank vodka and beer to steady his nerves before attempting to open the back door of the Ryanair aircraft.

Yeah, unless you’re on the ground, that door is not your average door. But fortunately …

Dublin District Court heard he did not manage to get the door open due to the air pressure.

Whew. Still, the Judge must have thrown the book at this gent.

Judge James Faughnan fined him €200 after the accused said he realised how serious the situation could have been.

And that was after “Mucha … pleaded guilty to being intoxicated on an aircraft and using threatening, abusive or insulting behaviour.” Had that happened in the United States, do you think the guy would have been hit with only a 200 euro fine ($270 US)?  You’ll find the source, and more, by clicking here.

 

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/UFH_Fayr47I/asfd-8.html

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Congress passes legislation legalizing cell phone unlocking

[JURIST] The US House of Representatives [official website] on Friday passed [bill status summary] a bill [text, PDF] that would make it legal for individuals to open the digital locks on their cellphones. The process, known as unlocking or jailbreaking, is currently illegal [text, PDF], punishable by fines of up to $500,000 and five years in jail for unlocking cellphones without the authorization of wireless carriers. The bill, known as the Unlocking Consumer Choice and Wireless Competition Act, was passed...

Source: http://jurist.org/paperchase/2014/07/congress-passes-legislation-legalizing-cell-phone-unlocking.php

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US appeals court sets date for oral arguments on same-sex marriage bans in Indiana and Wisconsin

[JURIST] The US Court of Appeals for the Seventh Circuit [official website] announced Friday that it will hear oral arguments on the constitutionality of same-sex marriage bans in Indiana and Wisconsin before a panel of three judges in August. The states requested that their arguments be heard en banc, but the court rejected the request [AP report]. Federal judges struck down Wisconsin and Indiana's [JURIST report] same-sex marriage bans in June, but both holdings [JURIST reports] were stayed while the...

Source: http://jurist.org/paperchase/2014/07/us-appeals-court-sets-date-for-oral-arguments-on-same-sex-marriage-bans-in-indiana-and-wisconsin.php

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Sunday, July 27, 2014

Plaintiff Can Access Police Investigation Records 

In a plaintiff’s suit involving a charge that he failed to make a right-hand turn signal, the Richmond Circuit Court will resolve a discovery dispute by allowing plaintiff discovery of an internal affairs investigation through documents provided by defendant for in camera review. Defendants invoke a provision of the Freedom of Information Act, Va. Code ...

Source: http://valawyersweekly.com/2014/01/02/plaintiff-can-access-police-investigation-records/

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