Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202631180028&rss=rss_nlj
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Friday, January 31, 2014
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.
Blue Ivy Turns Two & Schools Us About Life
Beyonce and Jay Z's daughter, Blue Ivy Carter, turned two yesterday. To celebrate, her famous mama created a fan page for her daughter on Tumblr, which quickly filled with birthday wishes from around the world. Jealous? You should be.
Coco Lee Connie Nielsen Cristina Dumitru Daisy Fuentes Dania Ramirez
Things Eventually Escalated To … Egging!
What, like you never egged anybody or a house? As reported by The Beacon-News:
Written Naperville police reports indicated [Sabrina] Touchstone was arrested about 3:45 p.m. Thursday following an altercation in the parking lot of the Walmart , 776 S. Route 59.
Hmm. An altercation you say.
Sgt. Steve Schindlbeck said Touchstone’s arrest was “the result of a driving altercation” over whether she or another motorist had the right of way in one of the parking lot’s aisles.
Matters quickly “came to a head” when Touchstone allegedly “threw two, 18-count containers of eggs” at two women ages 53 and 20 and the vehicle in which they were traveling, Schindlbeck said. Several of the eggs struck and shattered against the vehicle, and at least one hit one of the women, Schindlbeck said. She was not physically hurt.
Damn! 36 eggs? That must have taken a while.
Schindlbeck said he did not know whether the woman and the woman she was with were related to one another. He also did not know if Touchstone had just purchased the eggs at Walmart.
An examination of court documents revealed Touchstone has received at least 12 traffic tickets in DuPage, Kane and Will counties, but has no criminal record.
Police ticketed Touchstone on a charge of disorderly conduct/offensive act. She is free on bond, and her preliminary appearance date in DuPage County Circuit Court in Wheaton is pending.
You’ll find the source, with a photo of Ms. Touchstone, here.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/NEfuUeWxdv0/asd-4.html
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Alessandra Ambrosio Kills in Bikini and Guest Stars on "New Girl"
Staying cool on Miami Beach, Alessandra Ambrosio enjoyed the sand and surf of Florida in a bikini on Friday (January 31).
Stunning passersby, the Brazilian bombshell sported a long white gown, before stripping down to a rainbow-patterned bikini to work on her tan and enjoy the water.
In related news, the 32-year-old Angel recently guest starred alongside fellow model Ana Beatriz Barros on the post-Super Bowl episode of “New Girl” on Sunday.
In the mini preview, Jake Johnson’s character lets down the two beauties gently, all of them attending a party where Prince performs, and the full episode is set to premiere after the Super Bowl on Sunday, February 2nd.
Honoring A Japanese-American Who Fought Against Internment Camps
On Thursday, Illinois and three other states are honoring Fred Korematsu, the late civil rights activist. Korematsu, a Japanese-American, was arrested for not relocating to an internment camp following the attack on Pearl Harbor. He challenged the arrest and his case was heard by the Supreme Court.
Dershowitz Says D’Souza Case ‘Smacks of Selective Prosecution’
Alan Dershowitz may be phasing out his days as a Harvard law professor. But that doesn't mean he's stepping off the pedestal. His latest topic of concern: Dinesh D'Souza.
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'American Horror Story: Coven': Meet The New Supreme
Third season of Ryan Murphy's dark drama draws to a close.
By Sophie Schillaci
Source:
http://www.mtv.com/news/articles/1721449/american-horror-story-coven-meet-new-supreme.jhtml
Anna Friel Anna Kournikova Anna Paquin AnnaLynne McCord Anne Marie Kortright
With a Little Luck: A Novel
My good friend Caprice Crane's new book, With a Little Luck, is out today. Yay, Caprice!
It's gotten great reviews:
"Crane is one of the funniest writers of popular fiction around. The dialog (inner and outer) is laugh-out-loud, snort-inducing hilarious . . . Readers will want to cross their fingers and spit while throwing salt over their shoulders if it helps Berry reach her dreams. Highly recommended."
—Library Journal
"Fans of Stacy Ballis and Cara Lockwood will appreciate Crane's effortlessly funny style, which is often attempted in popular fiction but is rarely this well executed...Lighthearted and charmingly honest."
—Booklist
"[A] satisfying romantic comedy...[with] real character growth."
—Kirkus Reviews
And even better blurbs:
"Romantic, poignant and funny—this book is a lucky find for lit fans. Caprice Crane is a nimble and gifted storyteller."
—Diablo Cody, Academy Award-winning screenwriter of Juno
"A hilarious romp that oozes charm and giddy fun. Caprice Crane is a true talent."
—Molly Jong-Fast, author of The Social Climber's Handbook
"Witty, fast-paced, and sheer fun. Caprice Crane is a master of dialogue. Half the time I was reading this book I was smiling, which made me look like a crazy person on the subway."
—Jancee Dunn, author of Don’t You Forget About Me and Why Is My Mother Getting a Tattoo?
"Absolutely charming and hilarious."
—Missy Peregrym, star of the movie Stick It and ABC's Rookie Blue
"With a Little Luck scores in humor, head, and heart. In other words, it’s a perfect trifecta."
—Karyn Bosnak, author of 20 Times a Lady (soon to be the major motion picture What's Your Number?)
(Omg, who is that last fantastic blurber?) (I meant every word of it.)
And most importantly, she has the cutest dog ever (who likes to video chat with Bev):
Anyway, check it out, buy it—it's fantastic!
Source: http://www.prettyinthecity.com/blog/2011/7/26/with-a-little-luck-a-novel.html
Jennifer Garner Jennifer Gimenez Jennifer Love Hewitt Jennifer Morrison Jennifer ODell
Sure Sign That You’re Not Smarter Than The Cops: You Think You Are!
The Juice does not think he’s brilliant, which means, of course, that he is! Flipping the script, this gent was so confident he was smarter than the cops that he actually taunted them on Facebook. Guess how that ended up? Per The Times Leader (Wilkes-Barre, Pennsylvania):
The Freeland Police Department posted a photo of [Anthony James] Lescowitch at 9:19 p.m. Monday, noting that Lescowitch, 35, was wanted for aggravated assault and numerous other charges. The post asked that anyone knowing Lescowitch’s whereabouts to call police at 570-636-0111 or 911.
It turns out that the person who responded is the only one who ALWAYS knows where Lescowitch is – Lescowitch!
Less than two hours later, Freeland police posted another photo of Lescowitch, this time with the caption: “CAPTURED!!!!!! SHARES OUR STATUS ON FACEBOOK ABOUT HIMSELF, CAPTURED 45 MINUTES LATER.”
So how did they bust him so quickly?
Police said they noticed that Lescowitch shared their post about him on his Facebook page minutes after they posted it on theirs, and that he taunted police in his post as well. So, undercover officers used a Facebook profile of a fictitious attractive woman to engage in online conversation with Lescowitch through Facebook, pretending to be interested in meeting him.
Lescowitch initially declined an offer to meet for a drink, but when an officer asked him where he was and said, “The least you can do is come out and have a cigarette with me,” Lescowitch agreed, police said.
Sure enough, when undercover officers pulled up in a car at the location he specified, Lescowitch came out and was promptly arrested.
Bam!
Freeland police said they wanted Lescowitch for an assault back in the summer, and he had been ducking them since the fall. He was also wanted by Luzerne County Probation.
Here’s the source, including a photo of Mr.Lescowitch.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/xEH5tRMWrlo/sdf-6.html
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Supreme Court orders stay of execution for Missouri death row inmate
[JURIST] The US Supreme Court [official website] issued an order [text] Tuesday evening staying the execution of Missouri death row inmate Herbert Smulls. Smulls, who was convicted [AP report] and sentenced to death for killing a jewelry store owner and injuring his wife during a robbery in 1991, was scheduled to die at 12:01 AM Wednesday. Smulls' attorney filed a last minute stay of execution Tuesday, highlighting the state's refusal to disclose the name of the pharmacy that produces the...
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Beyonce and Jay Z: ‘Drunk In Love’ Grammy Awards Duet Performance (Video)
Beyonce and Jay Z opened the Grammy Awards wtih a racy and dynamic performance of ‘Drunk in Love,’ the new single from the music superstar diva’s ‘BEYONCÉ’ album. The collaboration and music video brought excitement and now the power couple have taken their eroticism live to the stage.
After weeks of rumor and speculation, the dream performance took place. And what an opening performance it was! It’s rare to see the music industry’s power couple live on stage.
Beyonce showed why she and how she is such a supreme entertainer. She is long overdue at the Grammys, after her dynamic appearance years ago with the legendary Tina Turner. Starting the performance sitting on a chair, and once she got out of the chair and went through her signature dance moves the Staples Center and the viewing audience on television and online were her captives. And Jay Z strolled onto the stage to deliver his lines clad in a tuxedo.
And ‘Drunk In Love,’ the song itself is exciting as it is one of the album’s two lead singles from Beyonce’s self-titled visual album, released without promotion, as a total surprise, and a stunning move which will be talked about for years as now, the album has topped the Billboard 200 on and off for weeks.
A collaboration between Beyonce and her fellow music powerhouse husband Jay Z is rare, and long overdue. It was in 2003 after all that we got the smash hit ‘Crazy in Love’ which first brought the couple together. Now more than a decade later, still together, and this time flat out ‘Drunk in Love,’ and lyrics will of course have to be bleeped or cleaned up for broadcast television.
As Beyonce herself said of the song in one of her ‘Self-Titled’ YouTube video documentaries, “We were just having fun. I think you can hear that in the record.” And now we could see it live on stage as their passion was quite palpable, capped off with a tender embrace at the end.
Check out the full video below!
Pictures: PR Photos
Source: http://feedproxy.google.com/~r/RightCelebrity/~3/KoEqtN1_AfY/
Madonna, Macklemore & Ryan Lewis’ ‘Same Love’ Grammys Performance with Live Weddings On-Air (Video)
Madonna has teamed up with Macklemore & Ryan Lewis to perform their marriage equality anthem ‘Same Love’ live at the Grammy Awards as Queen Latifah is set to officiate the weddings of 34 couples. Clearly, it’s a remarkable television event without precedent and you can see the video!
The highly anticipated performance at the Staples Center in Los Angeles was a unique event and the video has been added below.
More than a musical collaboration, but instead a celebration that the song speaks of. Macklemore & Ryan Lewis’ ‘Same Love’ has become the anthem for the cause of same-sex marriage for months, even in advance of the Supreme Court rulings which struck down California’s Proposition 8 that had barred gay marriage, and struck down DOMA, the Defense of Marriage Act.
The New York Times’ ArtsBeat was first to break the story of the weddings, as news had already leaked of the high profile collaboration of the artists — no less than the Queen of Pop whose career spans decades — and the phenomenal Macklemore & Ryan Lewis along with their featured artist, singer-songwriter Mary Lambert.
Yes, the Seattle-based hip-hop duo Macklemore & Ryan Lewis are indeed phenomenal. They have become trailblazers in their own right getting 7 Grammy nominations for an album, ‘Heist,’ which they produced and independently released that has spawned a number of high singles including ‘Thrift Shop,’ ‘Can’t Hold Us’ as well as ‘Same Love’ which has received one of those Grammy nods.
Now the news arrives that Queen Latifah, yet another icon, will officiate the live on-air weddings of 34 couples; lesbian, gay as well as heterosexual and, as the publication reports, of various ages, races and ethnicities, further underscoring the theme of love is love, across all perceived boundaries.
While live wedding during concerts and performances are not new, this one is on a much larger scale and will grab a global audience. Both the Grammy Awards producer, Ken Ehrlich and the president of the National Academy of Recording Arts and Sciences, Neil Portnow, were interviewed for the New York Times ArtsBeat: story. The latter said of the potential reaction, “I expect that people with all kinds of opinions might voice them, and that’s healthy” and he went on to stress “We don’t need to stoop to the level of trying to find gimmicks and sensationalistic approaches to what we do.”
The Grammy Awards which already dubbed ‘Music’s Biggest Night’ may become even bigger and more talked about than ever. The full replay of the unique performance and event is below.
Pictures: PR Photos
Source: http://feedproxy.google.com/~r/RightCelebrity/~3/eCSLjP3eHGc/
Cameron Diaz Cameron Richardson Camilla Belle Carla Campbell Carla Gugino
A State Judge’s Perspective On E-Discovery
The Honorable John M. Tran uses the terms digital natives and digital immigrants when referring to judges. Coined by author Marc Prensky, digital natives are those born into technology and digital immigrants are learning the field as they go. It’s not uncommon for judges to be digital immigrants, forcing them to confront issues on the bench that they have never experienced. In this edition of Digital Detectives, hosts Sharon D. Nelson, Esq. and John W. Simek invite long-time friend Judge Tran to discuss how his colleagues keep up to date on technology, his views on cooperative discovery as both a judge and a past litigator, and what he’s seen as the best way to address discovery in the courtroom.
Judge John M. Tran started his career at a boutique litigation law firm in Virginia where he had extensive experience in e-discovery matters, in both the state and federal court. Now he is a state judge in the Fairfax Circuit Court, in the 19th judicial circuit of Virginia. He is a graduate of the George Washington University and the George Washington University Law School.
Special thanks to our sponsor, Digital WarRoom.
Judge John M. Tran started his career at a boutique litigation law firm in Virginia where he had extensive experience in e-discovery matters, in both the state and federal court. Now he is a state judge in the Fairfax Circuit Court, in the 19th judicial circuit of Virginia. He is a graduate of the George Washington University and the George Washington University Law School.
Special thanks to our sponsor, Digital WarRoom.
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Thursday, January 30, 2014
Demi Lovato Pays Heartfelt Tribute to Wilmer Valderrama
Reaching out to honor her rumored boyfriend, Demi Lovato jumped on her Twitter account to pay tribute to Wilmer Valderama on his 30th birthday.
Demi wrote to Wilmer today (January 30), telling him, "To the funniest, most inspiring, incredible man I know.. @WValderrama – thank you for helping me get through my darkest moments."
The 21-year-old created a collage of photos featuring the "Heart Attack" singer and "That 70's Show" stud together, writing, "You truly are a light to this world and to my life. Happy Birthday!!!"
Wilmer responded to Demi's tribute with heartfelt thanks, tweeting to her, "Who needs presents when the gift of you is real to us all.. Thank you for the blessing of knowing you."
Source: http://celebrity-gossip.net/demi-lovato/demi-lovato-pays-heartfelt-tribute-wilmer-valderrama-1035737
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High Court Leaves New York's Online Sales Tax Law in Place
Dec. 2 was an extraordinary day for Amazon.com: Cyber Monday sales reached new heights, its fanciful plan to use drones to make deliveries was creating buzz -- and then the U.S. Supreme Court spoiled it all by turning down Amazon's challenge to online sales taxes.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202631211450&rss=rss_nlj
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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.
© 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.
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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Exclusive 'Thor: The Dark World' Gag Reel: The God Of Blunder
Chris Hemsworth and Tom Hiddleston stumble and flub lines in a preview of the upcoming Blu-ray.
By Kevin P. Sullivan
Source:
http://www.mtv.com/news/articles/1721474/thor-dark-world-bloopers.jhtml
What to Expect for the 2013-2014 Supreme Court Term
We saw a number of high-profile cases in the last Supreme Court term. With the nation currently alert to gay rights and Obamacare, some say this new term has fallen under the radar. But take note – as the spotlight shifts to campaign finance laws, free speech, and the president’s power to make recess appointments – the upcoming docket could have some monumental decisions in store. On this edition of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams invite the editor of the SCOTUSblog Amy Howe and LA Times Supreme Court correspondent David Savage to discuss the new term.
• Amy Howe has been with SCOTUSblog since 2003. She has served as counsel in over two dozen merits cases at the Supreme Court and has argued two cases there. Howe has also co-taught Supreme Court litigation courses at Stanford and Harvard law schools.
• David Savage has been covering the court for nearly three decades. In addition to his work with the LA Times, he also writes a monthly column for the ABA Journal and is regularly featured on NPR’s Talk of the Nation. In 1992 he published Turning Right: The Making of the Rehnquist Supreme Court, outlining the efforts of the Reagan and first Bush administrations to remake the high court.
Special thanks to our sponsor, Clio.
• Amy Howe has been with SCOTUSblog since 2003. She has served as counsel in over two dozen merits cases at the Supreme Court and has argued two cases there. Howe has also co-taught Supreme Court litigation courses at Stanford and Harvard law schools.
• David Savage has been covering the court for nearly three decades. In addition to his work with the LA Times, he also writes a monthly column for the ABA Journal and is regularly featured on NPR’s Talk of the Nation. In 1992 he published Turning Right: The Making of the Rehnquist Supreme Court, outlining the efforts of the Reagan and first Bush administrations to remake the high court.
Special thanks to our sponsor, Clio.
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With a Little Luck: A Novel
My good friend Caprice Crane's new book, With a Little Luck, is out today. Yay, Caprice!
It's gotten great reviews:
"Crane is one of the funniest writers of popular fiction around. The dialog (inner and outer) is laugh-out-loud, snort-inducing hilarious . . . Readers will want to cross their fingers and spit while throwing salt over their shoulders if it helps Berry reach her dreams. Highly recommended."
—Library Journal
"Fans of Stacy Ballis and Cara Lockwood will appreciate Crane's effortlessly funny style, which is often attempted in popular fiction but is rarely this well executed...Lighthearted and charmingly honest."
—Booklist
"[A] satisfying romantic comedy...[with] real character growth."
—Kirkus Reviews
And even better blurbs:
"Romantic, poignant and funny—this book is a lucky find for lit fans. Caprice Crane is a nimble and gifted storyteller."
—Diablo Cody, Academy Award-winning screenwriter of Juno
"A hilarious romp that oozes charm and giddy fun. Caprice Crane is a true talent."
—Molly Jong-Fast, author of The Social Climber's Handbook
"Witty, fast-paced, and sheer fun. Caprice Crane is a master of dialogue. Half the time I was reading this book I was smiling, which made me look like a crazy person on the subway."
—Jancee Dunn, author of Don’t You Forget About Me and Why Is My Mother Getting a Tattoo?
"Absolutely charming and hilarious."
—Missy Peregrym, star of the movie Stick It and ABC's Rookie Blue
"With a Little Luck scores in humor, head, and heart. In other words, it’s a perfect trifecta."
—Karyn Bosnak, author of 20 Times a Lady (soon to be the major motion picture What's Your Number?)
(Omg, who is that last fantastic blurber?) (I meant every word of it.)
And most importantly, she has the cutest dog ever (who likes to video chat with Bev):
Anyway, check it out, buy it—it's fantastic!
Source: http://www.prettyinthecity.com/blog/2011/7/26/with-a-little-luck-a-novel.html
Haylie Duff Heidi Klum Heidi Montag Hilarie Burton Hilary Duff
Nasdaq, Underwriters Challenge Ruling in Facebook IPO
A federal judge is expected to hear motions next month filed by Nasdaq and the underwriters of Facebook Inc.'s botched initial public offering challenging his rulings allowing a raft of shareholder cases to proceed against them.
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EEOC briefs on line
This is pretty cool.
EEOC briefs are now on line. [Here]
They cover briefs filed in the US Circuit Courts of Appeals in which the EEOC was a party, plus amicus briefs filed in the US Circuit Courts of Appeals, District Courts, and state courts.
And there is a user-friendly search function.
Briefs filed in the US Supreme Court are not in this collection, and can be found through the US Solicitor General's collection [here].
Source: http://www.lawmemo.com/blog/2012/06/eeoc_briefs_on.html
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Celebs Get Cold, Too! See How They Survived the #PolarVortex
It's cold outside. Really cold outside. We know it, you know it, and you better believe Twitter knows it. The hashtag #polarvortex has been trending for days, though we're surprised everyone's fingers are still intact to send tweets about the sub-zero wind chills.
Chelsea Handler Cheryl Burke China Chow Chloë Sevigny Christina Aguilera
10 Telltale Signs You're Watching an '80s Movie
No, it's probably not considered the Golden Age of Hollywood, but it is safe to say that the '80s brought us more than enough films to stand the test of time. Whether you relate to the Brat Pack or Detective John McClane, you've probably got a few favorites that make you squeal when they show up (again and again) on AMC or TBS. And if you ever come across a film you don't recognize, just use this handy checklist to determine if you're indeed watching '80s gold.
LawBiz® Legal Pad On the Road!: The Virtual Law Office
In this technology-driven age, a lot of lawyers' work can be moved online. Today Ed discusses the virtualization of law offices to help you consider whether or not that move makes sense for you.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/qqtbd4WPH_g/
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'Captain America 3' Presents Marvelous Possibilities
Can returning directors Joe and Anthony Russo expand the Marvel Universe with another 'Captain America' movie?
By Josh Wigler
Source:
http://www.mtv.com/news/articles/1721373/captain-america-3-russo-brothers.jhtml
Erica Leerhsen Erika Christensen Estella Warren Esther Cañadas Eva Green
The Complete List Of Paramore's World Records In GIFs
The rock group set out to break the most world records in a single music video for their 'Ain't It Fun' single, and we've broken them down for you.
By Jessica Hyndman
Source:
http://www.mtv.com/news/articles/1721445/paramore-world-records-aint-it-fun-gifs.jhtml
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Raphael, Kneedler tapped for AG team
Attorney general-elect Mark Herring has picked McLean lawyer Stuart A. Raphael and Richmond lawyer H. Lane Kneedler III to serve as senior officials in his office. Raphael, currently with the litigation team of Hunton & Williams LLP, will serve as Virginia’s solicitor general. Kneedler, a former chief deputy attorney general from 1986 to 1992 and ...
Source: http://valawyersweekly.com/2014/01/02/raphael-kneedler-tapped-for-ag-team/
Los Angeles
I'm here! I'm here! And I saw my first gang-banger get arrested yesterday so I feel like a total Angeleno.
I'm getting ready to go to the gym (again, like a total Angeleno!) so I will update later about my run-ins with Alexander Skarsgard, Pauly Shore, and Jeremy or Jason London (I'm not sure which one it was and seeing if I could force him to do drugs to find out seemed unfair. Besides, as it turned out, he was telling the truth?)
Anyhoo, I've got a lot to tell you about gardening! (Did you know if you get dirt wet it turns into mud? Yuck.)
And bumpers! (They don't bump off anything... they go, "Scraaaaaaaatch!")
And there's probably more but, again, I have to go because I have to get to the gym!
Source: http://www.prettyinthecity.com/blog/2011/6/9/los-angeles.html
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Gender or Family Issue?
In the June issue of the ABA Journal, ABA President Laura Bellows talked about the gender pay inequity in the legal profession, comparing today with 50 years ago when President Kennedy signed the Equal Pay Act. The difference is 77 cents now vs. 59 cents then. And even today, Ms. Bellows says “(f)emale equity partners in the 200 largest firms ... earn 89% of the compensation of their male peers. Not long ago, one of my clients experienced that very same bias, causing her to leave the large firm and open her own shop. Immediately, her income doubled.
But the President’s Message contained a new perspective for me. She said that unequal pay is a family issue, not just a gender issue, that affects families and retirement capabilities of husband/wife, father/mother and the well-being of everyone in the family. And the competition among colleagues is not of male and female, but of lawyer and lawyer. Gender is no longer a fair differentiation within the firm contest.
I’m becoming more sensitive to this issue as I plan for our LawBiz® Practice Management Institute scheduled for April 4th and 5th, 2014, in Santa Monica, CA. Join me and my co-anchor, Rebecca Torrey, an equity partner and member of the Executive Committee of Manatt, Phelps and Phillips, as we focus on management challenges faced by women lawyers in today’s profession.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/Cuh5JQgEIDM/
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Wednesday, January 29, 2014
What to Expect for the 2013-2014 Supreme Court Term
We saw a number of high-profile cases in the last Supreme Court term. With the nation currently alert to gay rights and Obamacare, some say this new term has fallen under the radar. But take note – as the spotlight shifts to campaign finance laws, free speech, and the president’s power to make recess appointments – the upcoming docket could have some monumental decisions in store. On this edition of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams invite the editor of the SCOTUSblog Amy Howe and LA Times Supreme Court correspondent David Savage to discuss the new term.
• Amy Howe has been with SCOTUSblog since 2003. She has served as counsel in over two dozen merits cases at the Supreme Court and has argued two cases there. Howe has also co-taught Supreme Court litigation courses at Stanford and Harvard law schools.
• David Savage has been covering the court for nearly three decades. In addition to his work with the LA Times, he also writes a monthly column for the ABA Journal and is regularly featured on NPR’s Talk of the Nation. In 1992 he published Turning Right: The Making of the Rehnquist Supreme Court, outlining the efforts of the Reagan and first Bush administrations to remake the high court.
Special thanks to our sponsor, Clio.
• Amy Howe has been with SCOTUSblog since 2003. She has served as counsel in over two dozen merits cases at the Supreme Court and has argued two cases there. Howe has also co-taught Supreme Court litigation courses at Stanford and Harvard law schools.
• David Savage has been covering the court for nearly three decades. In addition to his work with the LA Times, he also writes a monthly column for the ABA Journal and is regularly featured on NPR’s Talk of the Nation. In 1992 he published Turning Right: The Making of the Rehnquist Supreme Court, outlining the efforts of the Reagan and first Bush administrations to remake the high court.
Special thanks to our sponsor, Clio.
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See Michonne's New Pet Zombies In This 'Walking Dead' Pic
New still teases big backstory reveals for character.
By Kat Rosenfield
Source:
http://www.mtv.com/news/articles/1721312/the-walking-dead-michonne-pets.jhtml
FCPA Compliance — A Case for Integrated Technology Solutions
This podcast focuses on how technology can help companies strengthen their FCPA compliance programs and make them more effective and defensible. Learn the importance of a technology solution that is configurable to address a company's specific business needs that include: regulatory intelligence, policy management, monitoring and ongoing auditing of controls, and investigation of incidents and allegations.
Source: http://traffic.libsyn.com/techexperts/FCPA_Compliance_A_Case_for_Integrated_Technology_Solutions.mp3
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Officials plan for new reciprocity rules
With new rules coming to govern out-of-state lawyers seeking to practice in Virginia without taking the bar exam, the state Supreme Court and bar leaders are fine tuning the details. The Supreme Court of Virginia has issued a new set of regulations to implement its new Rule 1A:1 affecting so-called “waived-in” lawyers. Meanwhile the Mandatory ...
Source: http://valawyersweekly.com/2013/12/30/officials-plan-for-new-reciprocity-rules/
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Hanks for the Memories: Tom Hanks' Best Movie Roles
As awards season begins, take a look back at the actor's stellar movie resume.
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Safety first
I’m pleased to note that California’s AB 1371, known as the Three Feet for Safety Act, becomes law in 2014. California is the 23rd state to establish a minimum buffer zone around bicycles that ride on public roads. It’s about time! Motorists passing a bike must allow at least three feet of space between the car and the bike, or slow to a safe and reasonable speed. As a cyclist myself,
I know how dangerous the roads can be; in 2011, I was hit by a car making a left turn, failing to yield the right of way to me. The driver just didn’t “see” me. This literally changed my life and I still feel the impact of that accident. Drivers passing too close is one more problem behavior on the roads, especially with new hybrids that make little or no sound of warning as they approach.
Be careful out there on the roads this holiday season, and always. Selfishly, I want you back as a reader and commentator. Happy holiday.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/etGhmwO_gt4/
Emma Roberts Takes Her Engagement Ring On A Shopping Spree! But When Will It Be For A Wedding Dress?!
Emma Roberts certainly loves getting her shop on.
Gurlfriend was spotted yesterday picking out some fab items while shopping along Melrose Ave. in El Lay, just like she was caught doing last week!
Perhaps she's searching for some gorge new items to wear during all her upcoming wedding activities?!
Or maybe she just needs to get some new clothes to match that sparkling diamond on her finger that she's FINALLY happily showing off!
Whatever her reason for shopping, we just wish it would be for a wedding dress already. Can you imagine how fun that'll be to see??
[Image via BauerGriffinOnline.]
Source: http://perezhilton.com/2014-01-29-emma-roberts-continues-shopping-melrose-engagement-ring
Pennsylvania attorneys challenge voter ID ruling
[JURIST] Lawyers for Pennsylvania Governor Tom Corbett filed [text, PDF] a post-trial motion Monday in the legal battle over the state's voter identification law, alleging that the deciding judge in the case made "a host of mistakes." The motion alleges that Judge Bernard McGinley of the Pennsylvania Commonwealth Court [official website] made repeated mistakes of statutory construction and constitutional analysis. It alleges that he improperly declared the statute facially unconstitutional due to the way it was implemented, rather than the...
Source: http://jurist.org/paperchase/2014/01/pennsylvania-attorneys-challenge-voter-id-ruling.php
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What Happens When You Mix Drake And Bieber? 'Hip-Pop,' Jake Miller Says
'Collide' singer talks to MTV News about creating his own 'lane' on his upcoming album.
By Christina Garibaldi
Source:
http://www.mtv.com/news/articles/1721365/jake-miller-new-album-drake-bieber.jhtml
Brittany Snow Brittny Gastineau Brody Dalle Brooke Burke Brooke Burns
Officer Safety and Second Hand Smoke
Via John Wesley Hall at Fourth Amendment, a decision out of the 10th Circuit that puts an end to the pressing question of whether second hand smoke presents a sufficient justification to circumvent the 4th Amendment and enter a home without a warrant. Lest you think this is too ridiculous to be worthy of consideration, bear in mind this is on appeal, the district court having denied suppression.
In United States v. Mongold, Special Agent Ashley Stephens (who apparently is male) of the Bureau of Alcohol, Tobacco, and Firearms (“ATF”) was investigating Claudia Moore, whom she knew to be a felon from prior dealings, for drug dealing. After conducting observations, she, together with three other agents, went to Moore's apartment to conduct a "knock and talk," since she lacked probable cause to get a warrant.
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In United States v. Mongold, Special Agent Ashley Stephens (who apparently is male) of the Bureau of Alcohol, Tobacco, and Firearms (“ATF”) was investigating Claudia Moore, whom she knew to be a felon from prior dealings, for drug dealing. After conducting observations, she, together with three other agents, went to Moore's apartment to conduct a "knock and talk," since she lacked probable cause to get a warrant.
Aside: For those unaware, a "knock and talk" is a means of circumventing the warrant requirement by relying on submission to the shield, lies, fear and the possibility that the agents might either see or cause something to happen to give rise to an exception to the warrant requirement that would allow them to enter a home. And yes, it's been held to be perfectly lawful since anyone, cop or Fuller Brush salesman, can knock on your door and say "hi." Or scream "police", as the case may be.According to the testimony, Stephens heard "scurrying and shuffling" inside the apartment upon her knocking on the door, "which immediately caused us concern." A male voice asked who it was, and after he responded "police," there were "loud movements" and a "short delay" before Mongold opened the door. That's when the bad stuff happened.
After the delay, Mr. Mongold, who had been living in the home for several months, opened the door. Agent Stephens smelled marijuana and recognized what he believed were prison tattoos on Mr. Mongold. Agent Stephens asked for Ms. Moore. Mr. Mongold told him that he would go get her and turned to walk to the back of the house to find her. The officers followed him inside even though they did not have permission to enter the house.
Once inside, they saw ammunition. Knowing that Moore was a prior felon, possession of ammunition was a crime, and it went downhill from there. Mongold, Moore and her two adult children subsequently consented to a search of the place, which found drugs and guns.
The defendant moved to suppress before the district court, based on the initial warrantless entry. The government's argument below was that the smell of marijuana, combined with the "prison tats" on Mongold's arm, suggesting that he too was a felon, created a justifiable fear of officer safety, which allowed for Stephens to enter for a protective sweep. The court below also held the entry justified under exigent circumstances to preserve evidence.
The Circuit wasn't as impressed. While the court acknowledged that the smell of marijuana is accepted as a basis to believe there is pot inside, it merely gives rise to a belief that it's basic possession of marijuana.
But that wasn't the only argument. There remained their deep concern for the safety from the smell (yes, I'm being facetious calling it "second hand smoke," because it's unclear whether the smell is smoke or fresh pot, and the opinion really has nothing to do with the second-hand smoke aspect in any event).Based on the foregoing, if marijuana possession is the only crime for which the officers in this case had probable cause, the exigency exception for destruction of evidence should not apply because marijuana possession is not a serious crime.
Even the use of cool active verbs ("scurrying"), curious descriptors ("loud movements") and expressions of deep concern reflecting both the terrible, life-and-death dangers of conducting a "knock and talk" to circumvent the Constitution, didn't sway the court. Instead, the court reached the conclusion of remarkably wisdom: An idea so radical, so outlandish, that it never occurred to either the agents or the prosecutors: walk away. While this might make for good fodder to be chiseled into the lintels over courthouses everywhere, the bad news is that the opinion, while persuasive, is not precedential: At the suppression hearing, Agent Stephens argued that he feared for his and the other officers' safety because the home's owner, Ms. Moore, was a known felon, and he suspected Mr. Mongold was a felon as well, based on his "prison tattoos."
Officer safety is not an alternative ground to affirm because the first element of the test is dispositive. The Government presented no evidence that the officers had "reasonable grounds to believe that there [was] immediate need to protect their lives or others." Before entering the home, the officers had not seen a weapon or any other indication of heightened danger. They could most easily have protected the officers' safety by leaving Ms. Moore's home, not by entering it.
This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value.
This, of course, means that the next time a second-hand smoke case arises, the district judge may not be willing to adopt such a radical concept as expecting the agents to walk away rather than conduct a warrantless search of a home after smelling marijuana or seeing prison tats, because they're very scary to agents.
And don't discount the possibility that if the odor was of burning pot, the agents would be authorized to break down the door to protect themselves from the second hand smoke. Truth is, this opinion doesn't preclude such a holding at all. It could still happen.
© 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/2013/07/13/officer-safety-and-second-hand-smoke.aspx?ref=rss
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