Source: http://www.mtv.com/news/1818281/against-mes-laura-jane-grace-getting-her-own-reality-series/
Elisha Cuthbert Eliza Dushku Emilie de Ravin Emma Heming Emma Stone
Wednesday, April 30, 2014
Paul Rudd & Amy Poehler's Rom-Com Parody Looks HIGHlarious!! Get A Glimpse Of They Came Together HERE!
You'll laugh! You'll cry! You'll get up to pee half-way though and hopefully bring us back some Sour Patch Kids from the concession stand!
At least that's what They Came Together director David Wain is hoping for!
He made us slap our knees once before with Wet Hot American Summer, 2001's campy summer camp classic, and now he's reunited with Amy Poehler and Paul Rudd to tickle our funny bones once more!!
Ch-ch-check out the trailer for their totally outrageous rom-com satire (above)!
Ha! It's like You've Got Mail seduced Scary Movie and they had a child out of wedlock!
They Came Together is coming for you in select theaters on June 27th!!
Gretha Cavazzoni Gwen Stefani Halle Berry Hayden Panettiere Haylie Duff
Trial Lawyers and Structured Settlements
There are many benefits of going with a structured settlement. Ringler Radio host Larry Cohen and co-host, Carmella Limongelli join special guest, Attorney Jesse M. Suit III, a trial lawyer and supporter of structured settlements from Kalfus and Nachman, to talk about his experience with structures and the importance of taking care of the client post-settlement.
Source: http://ringlerradio.com/podcasts/ringler-radio/2014/02/trial-lawyers-and-structured-settlements/
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Supreme Court hears arguments on warrantless cell phone searches
[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] Tuesday in a pair of cases dealing with warrantless searches of suspects' cell phones. Riley v. California [transcript, PDF; JURIST report] is a state court case that involves a challenge to searching an arrested individual without a warrant. After being arrested, police examined Riley's cell phone, which was described as more of a hand-held computer. In granting certiorari, the court amended the question presented to: "Whether evidence...
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"Devil Baby" and More Terrifying Movie Babies
Everyone (and we mean everyone) is talking about the hilariously scary "Devil Baby Attack" video that's been viewed more than eight million times on You Tube since yesterday.
Professor Sues John Marshall Law Under ADA
A longtime professor at The John Marshall Law School in Chicago has filed suit, claiming administrators violated the Americans With Disabilities Act when they declined to accommodate his depression and Asperger's syndrome.
Source: http://www.nationallawjournal.com/id=1202637008054?rss=rss_nlj
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Townhome Neighbors Can’t Challenge Access
Plaintiff townhome owners do not have standing to challenge defendant developer’s use of a 50-foot easement that runs between a church and the townhome community for access and a connection to a proposed development with seven new homes; the Fairfax Circuit Court says plaintiffs have not shown they would suffer any particularized harm from installation ...
Source: http://valawyersweekly.com/2014/01/02/townhome-neighbors-cant-challenge-access/
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How to Manage Your Paralegal Career in Today’s Economy
Today's economy can be challenging for paralegals. Make sure you're taking the right steps to advance your career. On this episode of the Paralegal Voice, host Vicki Voisin interviews future President of NALS Karen McElroy. Together they discuss what you should be doing as a paralegal to get ahead and stay ahead in this job market.
Karen McElroy will become the President of NALS at the end of February 2014. She has been working in law since 1981 in a multitude of capacities including legal secretary, legal assistant, and paralegal. Karen is a veteran of the U.S. Air Force and Ohio Air National Guard. Special thanks to our sponsor, NALA.
Karen McElroy will become the President of NALS at the end of February 2014. She has been working in law since 1981 in a multitude of capacities including legal secretary, legal assistant, and paralegal. Karen is a veteran of the U.S. Air Force and Ohio Air National Guard. Special thanks to our sponsor, NALA.
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2014/02/manage-paralegal-career-todays-economy
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Perils of Law Firms Possessing Massive Amounts of Unreviewed Client Data
Some experts believe that, in addition to being prohibitively expensive for law firms to manage, maintaining immense amounts of client data increases the probability that it will be exposed to the public through a security breach or hack. That is why many like-minded firms are outsourcing data management to companies that specialize in it. On this episode of Digital Detectives, hosts Sharon Nelson and John Simek interview Ralph C. Losey from Jackson Lewis P.C. Together, they discuss how to manage large amounts of data, when to outsource, and what to do with unprocessed information. Tune in to learn more about dark data, how to select outside vendors, and hosting costs vs. storage costs.
Ralph C. Losey is a shareholder of Jackson Lewis P.C., a law firm specializing in labor and employment law with over 52 offices nationwide and 800 attorneys. Ralph serves as the firm's National e-Discovery Counsel in charge of electronic discovery issues. Ralph has limited his practice to e-discovery since 2006 and is the author of five books on e-discovery law and multiple law review articles. Ralph is also co-founder of the IT-Lex foundation and the Electronic Discovery Best Practices group, and the developer of an online training course in e-discovery, e-DiscoveryTeamTraining.com. Ralph is a frequent speaker at e-discovery conferences worldwide and a leading contributor in the field of Legal Search.
Special thanks to our sponsor, Digital WarRoom.
Ralph C. Losey is a shareholder of Jackson Lewis P.C., a law firm specializing in labor and employment law with over 52 offices nationwide and 800 attorneys. Ralph serves as the firm's National e-Discovery Counsel in charge of electronic discovery issues. Ralph has limited his practice to e-discovery since 2006 and is the author of five books on e-discovery law and multiple law review articles. Ralph is also co-founder of the IT-Lex foundation and the Electronic Discovery Best Practices group, and the developer of an online training course in e-discovery, e-DiscoveryTeamTraining.com. Ralph is a frequent speaker at e-discovery conferences worldwide and a leading contributor in the field of Legal Search.
Special thanks to our sponsor, Digital WarRoom.
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Celebrities That Homeschool Their Children!
Copyright - Stupid Celebrities Gossip 2013. If you see this content on any other website, it has been stolen. Please report.
Source: http://stupidcelebrities.net/2014/04/celebrities-that-homeschool-their-children/
Have You Heard the #Selfie Song Currently Ruling Youtube?
#SELFIE is a hot new a video by Drew and Alex, New York-based DJs and music producers, also known as The Chainsmokers. In just under six weeks, their celebration of the selfie has been watched more than 9.3 million times on YouTube – and more than 1 million times since yesterday alone! This techno track hits all the sweet spots for the selfie-obsessed. A dance floor packed with beautiful people having fun, pretty girls gossiping in the bathroom at the club—classic settings for taking a selfie.
Jennifer Gimenez Jennifer Love Hewitt Jennifer Morrison Jennifer ODell Jennifer Scholle
Retirement at different times
In Life After Law: What Will You Do for the Next 6,000 Days? I focused on the options available to the lawyer in the last phase of his / her career and how to prepare for a profitable exit strategy. What I did not address, however, is the lawyer whose spouse is working and may not yet be ready to retire, travel or otherwise be on the “same page” as the first spouse or significant other…
What to do? The obvious response, as in so many such life situations, is communication. Talk with your spouse or significant other. Discuss the options open to the both of you. Determine whether it’s o.k. for one to play, e.g., go skiing or traveling, etc., while the other stay home and works, whether the two can survive separate paths for a while and then come back together, and do this from time to time.
This is not a small issue or unimportant discussion, to be taken lightly. It’s critical. If not done well, you may find yourself in a divorce. And if this results, you will feel as though you are in the center of a hurricane, or worse. Aside from the psychological trauma, your financial projections which permitted the retirement, or change of career, go out the window … and you may be forced back to work, something you may or may not be able to do successfully.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/lK1hVAhTE1I/
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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.
Elisha Cuthbert Eliza Dushku Emilie de Ravin Emma Heming Emma Stone
Cliven Bundy, #myNYPD: Public Relations Fails?
Both rancher Cliven Bundy and the New York Police Department had a rough week in the spotlight. The Barbershop guys weigh in on the risks of talking or tweeting too much.
Source: http://www.npr.org/2014/04/25/306832675/cliven-bundy-mynypd-public-relations-fails?ft=1&f=1070
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Pay-To-Play Laws Celebrate 20th Anniversary
The latest Supreme Court ruling easing campaign finance laws could trigger a challenge to pay-to-play laws. That would affect two governors with national ambitions: Andrew Cuomo and Chris Christie.
Source: http://www.npr.org/2014/04/25/306851757/pay-to-play-laws-celebrate-20th-anniversary?ft=1&f=1070
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Tuesday, April 29, 2014
New Year’s Tech Resolutions for Practicing Attorneys
Is your legal practice less efficient because of out-of-date technology? In today's world of accelerating change, it can be difficult to keep up with client expectations. In this edition of The Kennedy-Mighell Report, legal technology experts Dennis Kennedy and Tom Mighell discuss New Year's tech resolutions. The topics include using instant messaging, implementing social media, updating operating systems, and much more. Tune in to find new ways to future-proof your practice or firm.
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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
Anna Faris Anna Friel Anna Kournikova Anna Paquin AnnaLynne McCord
ABA TECHSHOW 2014 Wrapup
Tom and Dennis recently attended ABA TECHSHOW 2014, one of the premier annual legal technology conferences. While there, they observed many interesting trends, saw innovative products, and met with numerous industry professionals. On this episode of the Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss TECHSHOW highlights, what interested them most, and their reflections on the current state of legal technology. Tune in to learn more about the How-To sessions, Legal Technology Solutions Lab, and Speakers.
Special thanks to our sponsor, ServeNow.
Special thanks to our sponsor, ServeNow.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2014/04/aba-techshow-2014-wrapup
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Florida lawmakers approve bill limiting abortions after 'viability'
[JURIST] The Florida Senate [official website] approved a bill [press release] Friday that will prevent most abortions after the fetus reaches viability. The legislation would require the doctor to conduct an exam before performing an abortion to determine if the fetus is viable. The bill could reportedly prevent abortions [Florida Times-Union report] as early as the twentieth week of pregnancy. If the bill is signed into law, Florida will join 23 states with similar legislation. The bill will be delivered...
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Rumor Has It That Naya Rivera Has Been Fired From ‘Glee’
After reports surfaced of a “major altercation” between actresses Lea Michele and Naya Rivera on the set of Glee comes word today that Naya has reportedly been fired from the show. Apparently, the report claims, the on set “altercation” that took place this month went down between Naya and the show’s producers, not Lea at [...]
Source: http://www.pinkisthenewblog.com/2014-04-29/rumor-has-it-that-naya-rivera-has-been-fired-from-glee
Autumn Reeser Avril Lavigne Bali Rodriguez Bar Refaeli Beyoncé
Justices Weigh Speech Rights for Public Workers; A New Window on N.Y. Crime
The AM Roundup: Law Blog rounds up the morning's news.
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Pharma sales reps are FLSA exempt as outside salesmen (5-4)
This morning the US Supreme Court decided - on a 5-4 vote - that pharmaceutical sales representatives are "outside salesmen" and therefore exempt from overtime under the Fair Labor Standards Act. The Court also unanimously held that the Department of Labor's recently-announced contrary interpretation was entitled to exactly zero deference.
Christopher v. SmithKline Beacham (US Supreme Ct 06/18/2012)
Christopher, a pharmaceutical sales representative, sued the employer for violation of the Fair Labor Standards Act (FLSA) alleging failure to pay overtime. The trial court granted the employer's motion for summary judgment and denied Christopher's motion to amend the judgment based on the trial court's failure to consider an amicus brief filed by the Secretary of the Department of Labor (DOL). The 9th Circuit affirmed. The US Supreme Court affirmed (5-4).
The job of a pharmaceutical sales representative is to try to persuade physicians to write prescriptions for products in appropriate cases. For over 70 years DOL acquiesced in an interpretation that they were "outside salesmen" who are exempt from FLSA overtime requirements. In amicus briefs filed in Circuit courts DOL took the position that a "sale" requires a "consummated transaction." In Supreme Court briefing DOL's position was that there is no "sale" unless the employee "actually transfers title."
The Court said that the DOL's new interpretation is entitled to no deference at all because it would impose massive liability for conduct that occurred before the interpretation was announced, there had been no enforcement actions suggesting the industry was acting unlawfully, DOL gave no opportunity for public comment, and the interpretation is "flatly inconsistent" with the FLSA.
The FLSA definition of "sale" includes consignments, which do not involve a transfer of title. Although DOL regulations say that sales include the transfer of title, that does not mean a sale must include a transfer of title. The regulations also use the phrase "other disposition" which - in this unique regulatory environment - includes the work of pharmaceutical sales representatives. The representatives also bear all the exterior indicia of salesmen (average salaries exceeding $70,000, work that is difficult to standardize to a particular time frame, etc.)
The DISSENT reasoned that sales of drugs are made by pharmacists, not pharmaceutical sales representatives. The pharmaceutical sales representative neither make sales nor promote "their own sales." (The dissent agreed that the DOL's current views expressed in briefs are not entitled to any weight.)
Source: http://www.lawmemo.com/blog/2012/06/pharma_sales_re.html
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Blake Shelton Posts Adam Levine’s Cell Phone Number on Twitter!
Their rivalry is well-documented and it sounds like Blake Shelton took things to a new level when he tweeted Adam Levine's personal mobile phone number last night (April 28).
Prior to “The Voice,” the country crooner took to his account with the message, “.@adamlevine… I just found the craziest thing in my phone!!! Your PERSONAL cell phone number… hope I’m not stupid enough to tweet it out.”
In reply, Levine fired off, “I’m seriously amazed at @blakeshelton’s stupidity... @blakeshelton your threats are so cute.”
Undeterred, Blake followed up with, “Ya’ll! @adamlevine doesn’t think I will actually tweet out his personal cell number… he’s flirting with danger. I should do it right? Who wants @adamlevine’s personal cell number??”
Later during the show, Shelton made good on his threat- “HEY EVERYONE!!! Here it is: (310) 493-7939 <– @adamlevine’s CELL NUMBER! Think I’m kidding? Try calling it!! B*tch!!!”
Cinthia Moura Claudette Ortiz Coco Lee Connie Nielsen Cristina Dumitru
Arkansas judge strikes down voter ID law
[JURIST] A judge for the Pulaski County Circuit Court for the 6th Division [official website] on Thursday struck down [opinion] an Arkansas voter ID law, finding that it violates the state constitution. In the order granting summary judgment to the Pulaski County Election Commission [official website], Judge Tim Fox found Act 595 [bill, PDF] violates Article 3 §1 and Article 3 U§2 of the Arkansas constitution [text, PDF]. The law requires that voters present a limited range of government forms...
Source: http://jurist.org/paperchase/2014/04/arkansas-judge-strikes-down-voter-id-law.php
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Kendall Jenner: Beautiful in Black in the Big Apple
Tending to career duties, Kendall Jenner stepped out in New York City on Monday (April 28).
The "Keeping Up with the Kardashians" babe rocked an all-black ensemble as she took care of a few work meetings to start off her week.
In related news, Kendall's little sis Kylie Jenner is reportedly done being friends with a "hard-partying" Selena Gomez. The trio made headlines after hanging out together at Coachella Valley Music and Arts Festival, but Selena's wild ways are reportedly too much for the Jenner girls.
According to a source, "Selena has it twisted - not only do Kendall and Kylie eschew drugs and alcohol ... they believe Selena's the real drama-obsessed party girl. After all, she's the one who's been to rehab." This comes after Gomez unfollowed Kendall and Kylie on Instagram. The source the reality stars "feel like they're better off without her."
Source: http://celebrity-gossip.net/kendall-jenner/kendall-jenner-beautiful-black-big-apple-1128787
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Ethical Perils of Social Media for Lawyers and Judges
Of the 46% of judges using social media, 80% are on Facebook and over 30% are on LinkedIn, but activity on social media presents a number of ethical dilemmas for judges, attorneys, jurors, and litigants. In a recent case in Georgia, a judge stepped down after being scrutinized for sending a friend request to a litigant on his upcoming trial calendar and later releasing her on a personal recognizance bond. Similar activities from other judges and attorneys have resulted in violations of both the Code of Professional Conduct and the Code of Judicial Conduct, from unauthorized practice of law across state lines and breaching attorney-client privilege to posting inappropriate comments and sending friend requests to litigants and related attorneys. These ethical perils extend to jurors, who must be reminded of their own limitations in social media use with regard to pending trials. On this episode of The Digital Edge, hosts Sharon Nelson and Jim Calloway interview Judge Herbert B. Dixon, Jr., discussing stories of collateral damage associated with inappropriate social media use and ways legal professionals can avoid ethical missteps. Stay tuned at the end for Judge Dixon's 4 Questions to Ask Yourself Before Posting on Social Media.
Judge Herbert B. Dixon, Jr. sits on the Superior Court of the District of Columbia and is a former chair of the National Conference of State Trial Judges. He is the technology columnist for The Judges' Journal magazine and a former member of the ABA Techshow Planning Board. Judge Dixon is Senior Judicial Advisor to William and Mary Law School's Courtroom 21 Project, the Presiding Judge for the Superior Court's Technology-Enhanced Courtroom Project, and a frequent speaker on topics related to the intersection of law and technology.
Judge Herbert B. Dixon, Jr. sits on the Superior Court of the District of Columbia and is a former chair of the National Conference of State Trial Judges. He is the technology columnist for The Judges' Journal magazine and a former member of the ABA Techshow Planning Board. Judge Dixon is Senior Judicial Advisor to William and Mary Law School's Courtroom 21 Project, the Presiding Judge for the Superior Court's Technology-Enhanced Courtroom Project, and a frequent speaker on topics related to the intersection of law and technology.
Source: http://legaltalknetwork.com/podcasts/digital-edge/2014/03/ethical-perils-social-media-lawyers-judges
UN urges reform of Ivory Coast electoral commission
[JURIST] UN Independent Expert on the situation of human rights in the Ivory Coast Doudou Diene on Wednesday called on [press release] authorities in the Ivory Coast to undertake broad consultations on the reform of the Independent Electoral Commission (IEC) [official website]. Diene's statements follow the recent adoption of a bill on the IEC's composition, organization, powers and functioning, in response to his specific recommendation. Diene stressed the importance of reaching consensus on the mapping of electoral districts, voters' lists...
Source: http://jurist.org/paperchase/2014/04/un-urges-reform-of-ivory-coast-electoral-commission.php
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The Day Tripper Dilemma
If I was hoping to court the legally-ignorant, politically conservative reader, yesterday would not have been a good day for me. While lawprof Glenn Reynolds, Instapundit, couldn't be bothered to learn about the criminal justice system before opining about how to fix it, he had time to write about how mean I was to him. Not terribly surprising, given how lawprofs tend to be a bit sensitive,
What came of Reynolds' post was a curious thing, a swarm of his followers commenting in his defense. Most were just silly, reflecting the folks who follow his political agenda, and good for some lulz, but they raised an interesting dilemma: lacking education, practical experience or sufficient interest to learn about the substantive issues and problems involved, they ripped me a new one because the post here to which they were directed was the culmination of both numerous posts about Reynolds' disastrous Ham Sandwich Nation "fix" for the criminal justice system and even more numerous posts on the underlying issues.
One commenter made a good point, that my telling them to read a bunch of posts that would provide the substance that isn't in the one post to which they were directed is "weaksauce." He's right. It's not that this matters much, as they haven't come because they have any sincere interest in the subject. If they did, they would already be knowledgeable and wouldn't demand to be taught from the ground up.
But then, to the extent this is anything other than a humorous aside for those of us who are involved in criminal justice issues, it's an opportunity to educate the poor souls who are limited by Reynolds deep commentary (Heh?), and their point that the one post they read wasn't substantive is well-taken.
So if they can't be expected to read a hundred posts (and it's not really reasonable to expect them to do so), they lack any foundational knowledge on the subject and they're generally disinclined to disagree with their political guru, is there any way to address this gap?
Bear in mind that when the post that made Reynolds cry was written, it wasn't for the purpose of educating his followers but as the coda in the series of posts about his awful ideas to fix the system at the expense of defendants, which in turn was based on innumerable posts here about specific issues and problems with the system. Way too much to include in one post (and likely one full-length book, for that matter), and completely unnecessary for regular readers here or people who are knowledgeable about criminal law.
Obviously, I can't go back and rewrite the post as Criminal Law 101 for the benefit of Instapundit readers, with lengthy explanations that are obvious to the rest of us. Perhaps I should have anticipated that Reynolds would get all butthurt about it, write a post with his deepest thoughts, and cause an influx of his readers to come here to salvage his damaged dignity, but I didn't. And even if I had, it would have bored the daylights out of regular readers here. As SJ is neither political nor a plea for popularity among the Instapundit fans, the idea of writing a post in anticipation of the swarm seems outlandish.
One answer could be found on the flip side, if only Reynolds had an appreciation of the more thoughtful legal and practical impact of his politically driven ideas, such that his purportedly well-intended, if misguided, fixes were themselves more substantive, but it's hardly useful to blame the guy who proffers bad ideas for not understanding why his ideas are bad. If he did, he wouldn't have done so in the first place.
One might expect him, as a lawprof, to try to gain a far better basis of knowledge before going off, but that was one of the primary points of my rant about Reynolds in the first place. And he's playing to a political audience (which is a large part of the problem) rather than to an audience knowledgeable or seriously concerned about criminal law. It's easy to pass off shallow ideas to those who know nothing about the practical impact.
Yet, I missed an opportunity to educate a not insignificant group of day trippers who think they've got a clue because they read tripe like Reynolds' Ham Sandwich Nation. It's a shame to pass up an opportunity like that. It's a dilemma. I regret not having done a far better job of making use of the opportunity to illuminate.
© 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.
What came of Reynolds' post was a curious thing, a swarm of his followers commenting in his defense. Most were just silly, reflecting the folks who follow his political agenda, and good for some lulz, but they raised an interesting dilemma: lacking education, practical experience or sufficient interest to learn about the substantive issues and problems involved, they ripped me a new one because the post here to which they were directed was the culmination of both numerous posts about Reynolds' disastrous Ham Sandwich Nation "fix" for the criminal justice system and even more numerous posts on the underlying issues.
One commenter made a good point, that my telling them to read a bunch of posts that would provide the substance that isn't in the one post to which they were directed is "weaksauce." He's right. It's not that this matters much, as they haven't come because they have any sincere interest in the subject. If they did, they would already be knowledgeable and wouldn't demand to be taught from the ground up.
But then, to the extent this is anything other than a humorous aside for those of us who are involved in criminal justice issues, it's an opportunity to educate the poor souls who are limited by Reynolds deep commentary (Heh?), and their point that the one post they read wasn't substantive is well-taken.
So if they can't be expected to read a hundred posts (and it's not really reasonable to expect them to do so), they lack any foundational knowledge on the subject and they're generally disinclined to disagree with their political guru, is there any way to address this gap?
Bear in mind that when the post that made Reynolds cry was written, it wasn't for the purpose of educating his followers but as the coda in the series of posts about his awful ideas to fix the system at the expense of defendants, which in turn was based on innumerable posts here about specific issues and problems with the system. Way too much to include in one post (and likely one full-length book, for that matter), and completely unnecessary for regular readers here or people who are knowledgeable about criminal law.
Obviously, I can't go back and rewrite the post as Criminal Law 101 for the benefit of Instapundit readers, with lengthy explanations that are obvious to the rest of us. Perhaps I should have anticipated that Reynolds would get all butthurt about it, write a post with his deepest thoughts, and cause an influx of his readers to come here to salvage his damaged dignity, but I didn't. And even if I had, it would have bored the daylights out of regular readers here. As SJ is neither political nor a plea for popularity among the Instapundit fans, the idea of writing a post in anticipation of the swarm seems outlandish.
One answer could be found on the flip side, if only Reynolds had an appreciation of the more thoughtful legal and practical impact of his politically driven ideas, such that his purportedly well-intended, if misguided, fixes were themselves more substantive, but it's hardly useful to blame the guy who proffers bad ideas for not understanding why his ideas are bad. If he did, he wouldn't have done so in the first place.
One might expect him, as a lawprof, to try to gain a far better basis of knowledge before going off, but that was one of the primary points of my rant about Reynolds in the first place. And he's playing to a political audience (which is a large part of the problem) rather than to an audience knowledgeable or seriously concerned about criminal law. It's easy to pass off shallow ideas to those who know nothing about the practical impact.
Yet, I missed an opportunity to educate a not insignificant group of day trippers who think they've got a clue because they read tripe like Reynolds' Ham Sandwich Nation. It's a shame to pass up an opportunity like that. It's a dilemma. I regret not having done a far better job of making use of the opportunity to illuminate.
© 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/2013/07/12/the-day-tripper-dilemma.aspx?ref=rss
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Monday, April 28, 2014
Jessica Alba: Birthday Work Out in WeHo
It may be her birthday, but Jessica Alba didn't use that as an excuse to skip the gym on Monday (April 28).
Rocking black leggings and a long sleeved red tee, the new 33-year-old was accompanied to her work out by her hubby Cash Warren.
In career news, the "Sin City: A Dame to Kill For" actress is currently filming the horror flick,"The Veil."
Per the synopsis:"Thirty years after members of a religious cult committed mass suicide, the lone survivor returns to the scene of the tragedy with a documentary crew in tow."
Source: http://celebrity-gossip.net/jessica-alba/jessica-alba-birthday-work-out-weho-1128989
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Retired Justice John Paul Stevens To Testify on Campaign Finance
Retired U.S. Supreme Court Justice John Paul Stevens is scheduled to testify Wednesday on Capitol Hill at a Senate hearing on the high court's decision to strike limits on aggregate campaign contributions.
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George Clooney’s Engagement Has Been ‘Legally’ Confirmed
Over the weekend we learned the happy yet unconfirmed news that George Clooney and girlfriend Amal Alamuddin got themselves engaged to be married after she was spotted wearing a diamond ring on her left hand. Thus far, the couple have yet to officially confirm the news but it’s pretty obvious to everyone that they are, [...]
Source: http://www.pinkisthenewblog.com/2014-04-28/george-clooneys-engagement-has-been-legally-confirmed
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What Would Atticus Have Done?
Hearing that the mob was going to storm the jail and lynch Tom Robinson, the fictional Atticus Finch stood at the doorway to block their entrance. Among criminal defense lawyers, Atticus Finch is revered as a paragon of honor. Not all lawyers saw it that way.
Yesterday was Race Day at the New York Times, where two op-eds argued the failure of a certain verdict in Florida was due to the one word unspoken throughout the trial, race. In a "surprising" choice that suggests the power of an excellent public relations team, one op-ed was by Gloria Allred's daughter, Lisa Bloom, who, after explaining the basis for her assumption about what was inside George Zimmerman's head, illuminated the race issue with the insightful:
This isn't a legal argument, however. Bloom and Yankah are both writing from the legal perspective, but what they are writing about isn't legal. It's sociological, a condemnation of a society that is still racist despite having a black president. Anyone who thinks it's "problem solved" is delusional.
But Yankah contends that it is "the simplest of truths: that race and law cannot be cleanly separated." Cleanly? No, it probably can't be cleanly separated, though it's similarly unclear that this constitutes "the simplest of truths." There is nothing simple about it.
It gives rise to a troubling question, that Yankah fails to adequately address and is way over Bloom's head.
Does the introduction of race by the prosecution into Zimmerman's perceptions alter the rule of self-defense? Does it render his subsequent conduct unlawful, even if it would have been lawful otherwise? Should there be two rules of law, one for interactions between people of different races where perceptions of the significance of conduct is assumed to be racially related, if not motivated?
To point out that we still live in a society where race remains a pervasive unresolved issue is to state the obvious. To suggest that the criminal law should accommodate it is to present an intractable problem. Atticus Finch didn't hesitate to put his life on the line for his client, a black man accused of raping a white woman. But he didn't do enough because he didn't confront the racist society in defending Tom Robinson?
If the prosecution had been allowed, and inclined, to argue that George Zimmerman's conduct was racially motivated, and that his ultimate decision to shoot and kill Trayvon Martin was, at least in the tiniest of ways, based upon his race, would that have rendered his belief that he was about to suffer death or serious injury unreasonable? If his head was being beaten against concrete by a white youth, as opposed to a black youth, would the harm have been different?
The argument that this scenario would never have commenced had Trayvon Martin been a white youth in a sports jacket and khakis is likely true. It's pure speculation no matter how much your head screams "yes, yes, yes," of course, but still. Yet how would the law have been any different at the point where a shot was fired?
If we are to have a nation of laws to guide ourselves, how do we draw these vague, fuzzy lines where the law ceases to apply, where it's a free for all, where there is no longer a fixed right and wrong and everything becomes a matter of feelings, assumptions and personal perspective? Yankah may be right that race and law cannot be cleanly separated in our collective consciousness, but then we cease to be a nation of laws when we ignore one for the other.
You might prefer that to happen here, but will you feel the same when you sit in the defendant's chair? So what would Atticus Finch have done? He would have defended George Zimmerman based on the law, even if he failed to meet Monroe Freedman's expectation that he not be morally ambiguous. Atticus Finch would have still been the paragon of honor, even in the face of societal condemnation. That's what criminal defense lawyers do. That's what we are sworn to do.
© 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.
In 1992, Monroe Freedman, a legal ethics expert, published two articles in the national legal newspaper Legal Times calling for the legal profession to set aside Atticus Finch as a role model. Freedman argued that Atticus still worked within a system of institutionalized racism and sexism and should not be revered. Freedman's article sparked a flurry of responses from attorneys who entered the profession holding Atticus Finch as a hero, and the reason they became lawyers. Critics of Atticus such as Freedman maintain that Atticus Finch is morally ambiguous and does not use his legal skills to challenge the racist status quo in Maycomb.While Atticus might have fulfilled the highest calling of a lawyer, Freedman saw the character as failing his calling as a human being in a racist society, and considered that to be a fatal flaw.
Monroe H. Freedman, ""Atticus Finch, Esq., R.I.P.,"" 14 LEGAL TIMES 20 (1992); Monroe H. Freedman, ""Finch: The Lawyer Mythologized,"" 14 LEGAL TIMES 25 (1992) and Monroe Freedman, Atticus Finch – Right and Wrong, 45 Ala. L. Rev. 473 (1994).
Yesterday was Race Day at the New York Times, where two op-eds argued the failure of a certain verdict in Florida was due to the one word unspoken throughout the trial, race. In a "surprising" choice that suggests the power of an excellent public relations team, one op-ed was by Gloria Allred's daughter, Lisa Bloom, who, after explaining the basis for her assumption about what was inside George Zimmerman's head, illuminated the race issue with the insightful:
Huh?In contrast, Cardozo lawprof Ekow Yankah invokes the spirit of his fellow lawprof, Freedman, in writing:
The anger felt by so many African-Americans speaks to the simplest of truths: that race and law cannot be cleanly separated. We are tired of hearing that race is a conversation for another day. We are tired of pretending that “reasonable doubt” is not, in every sense of the word, colored.This conforms with my assumption as well. I find it impossible to believe that Zimmerman's perception of Martin as being "a punk" wasn't colored by race. Sure, there was also youth and attire, but it was part of the whole package. And to the extent that his skin color played a role in his perception that this was a kid who needed to be followed, who posed a threat of doing something wrong, it is racist. Maybe not white hooded, cross-burning racism, but racist nonetheless.
Every step Mr. Martin took toward the end of his too-short life was defined by his race. I do not have to believe that Mr. Zimmerman is a hate-filled racist to recognize that he would probably not even have noticed Mr. Martin if he had been a casually dressed white teenager.
This isn't a legal argument, however. Bloom and Yankah are both writing from the legal perspective, but what they are writing about isn't legal. It's sociological, a condemnation of a society that is still racist despite having a black president. Anyone who thinks it's "problem solved" is delusional.
But Yankah contends that it is "the simplest of truths: that race and law cannot be cleanly separated." Cleanly? No, it probably can't be cleanly separated, though it's similarly unclear that this constitutes "the simplest of truths." There is nothing simple about it.
It gives rise to a troubling question, that Yankah fails to adequately address and is way over Bloom's head.
What is reasonable to do, especially in the dark of night, is defined by preconceived social roles that paint young black men as potential criminals and predators. Black men, the narrative dictates, are dangerous, to be watched and put down at the first false move. This pain is one all black men know; putting away the tie you wear to the office means peeling off the assumption that you are owed equal respect. Mr. Martin’s hoodie struck the deepest chord because we know that daring to wear jeans and a hooded sweatshirt too often means that the police or other citizens are judged to be reasonable in fearing you.Being fully willing to accept that race factored into Zimmerman's perception, based on my own personal bias, the question that remains unanswered is what should the law have done about it?We know this, yet every time a case like this offers a chance for the country to tackle the evil of racial discrimination in our criminal law, courts have deliberately silenced our ability to expose it. The Supreme Court has held that even if your race is what makes your actions suspicious to the police, their suspicions are reasonable so long as an officer can later construct a race-neutral narrative.
Does the introduction of race by the prosecution into Zimmerman's perceptions alter the rule of self-defense? Does it render his subsequent conduct unlawful, even if it would have been lawful otherwise? Should there be two rules of law, one for interactions between people of different races where perceptions of the significance of conduct is assumed to be racially related, if not motivated?
To point out that we still live in a society where race remains a pervasive unresolved issue is to state the obvious. To suggest that the criminal law should accommodate it is to present an intractable problem. Atticus Finch didn't hesitate to put his life on the line for his client, a black man accused of raping a white woman. But he didn't do enough because he didn't confront the racist society in defending Tom Robinson?
If the prosecution had been allowed, and inclined, to argue that George Zimmerman's conduct was racially motivated, and that his ultimate decision to shoot and kill Trayvon Martin was, at least in the tiniest of ways, based upon his race, would that have rendered his belief that he was about to suffer death or serious injury unreasonable? If his head was being beaten against concrete by a white youth, as opposed to a black youth, would the harm have been different?
The argument that this scenario would never have commenced had Trayvon Martin been a white youth in a sports jacket and khakis is likely true. It's pure speculation no matter how much your head screams "yes, yes, yes," of course, but still. Yet how would the law have been any different at the point where a shot was fired?
If we are to have a nation of laws to guide ourselves, how do we draw these vague, fuzzy lines where the law ceases to apply, where it's a free for all, where there is no longer a fixed right and wrong and everything becomes a matter of feelings, assumptions and personal perspective? Yankah may be right that race and law cannot be cleanly separated in our collective consciousness, but then we cease to be a nation of laws when we ignore one for the other.
You might prefer that to happen here, but will you feel the same when you sit in the defendant's chair? So what would Atticus Finch have done? He would have defended George Zimmerman based on the law, even if he failed to meet Monroe Freedman's expectation that he not be morally ambiguous. Atticus Finch would have still been the paragon of honor, even in the face of societal condemnation. That's what criminal defense lawyers do. That's what we are sworn to do.
© 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/2013/07/16/what-would-atticus-have-done.aspx?ref=rss
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Judicial evaluations may be coming back
A program for lawyers to judge judges could be making a comeback. The 2014 General Assembly will consider proposals to revive a moribund judicial performance evaluation program designed to help Virginia judges improve their courtroom skills and give legislators a way to gauge their performance. The program, in which lawyers filled out forms to critique ...
Source: http://valawyersweekly.com/2014/01/02/judicial-evaluations-may-be-coming-back/
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Emma Watson & Matthew Janney: West London Sweethearts
Enjoying some quality time with her main squeeze, Emma Watson stepped out in West London on Saturday (April 26).
The 24-year-old actress rocked a black and grey ensemble as she walked around town with her beau Matthew Janney.
In related news, Emma is working on his new flick “Regression,” which she stars in alongside Ethan Hawke.
After arriving on set, the “Bling Ring” beauty tweeted, “First day shooting Regression today - a very cool birthday present xx.”
Source: http://celebrity-gossip.net/emma-watson/emma-watson-matthew-janney-west-london-sweethearts-1128715
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Funded Jobs
In today’s newspaper, Don J. DeBenedictis, staff writer for the Journal, discusses law schools’ new approach to help law school graduates find jobs. This idea is one of several being discussed to match the supply and demand of legal services. It is clear that there is a greater demand for legal services than is now being fulfilled. However, many contend there is an oversupply of lawyers. Some writers suggest, I believe correctly, that there is not an oversupply, but rather a mismatch between the two.
One reason for the mismatch is that most lawyers seek to work for the smaller percentage of affluent clients. Working for the less affluent client requires a reduced level of compensation. Sometimes it is difficult to match the reduced remuneration working from low to modest means clients with the debt level resulting from educational expenses.
The staff writer discusses law schools in California that are now providing funds to graduates who are willing to work for government or public interest employers. The amount of money received by the graduates is not grand. We’re talking about, perhaps, $15 per hour. However, the graduates are earning enough money to pay expenses and gain valuable experience preparatory for their next job. This program reminds me of one Southern law school that provided sufficient funds to open a new law practice if the graduate located in a rural or other geographic community that needed legal services. Provided the graduate remained in that location for five years, the “loan” would be forgiven.
It seems that any suggestion brings out adversaries. The positive side of seeking to match supply and demand is countered by those who say that law schools are merely disguising their percentage of graduates employed. While this may be true, it is also true that these graduates are employed, just not at a high level of income written about by the sensationalist media. It is also true that American Bar Association statistics separate between traditional jobs and “funded” jobs, thus disclosing the truth of the employment claims made by law schools.
One could also look at this as a postgraduate fellowship. This is an incredibly positive effort on the part of law schools and their funding sources for this program. My congratulations.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/RgkshQhBz3E/
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Medical Marijuana at Work: The Side Effects for Workers’ Compensation
With recreational and medical use of marijuana now approved in some states, concerns of workplace use are being raised. The impacts of this trend range from employee right to treatment and increased employer liability to OSHA regulations and ADA holdings. On this episode of Workers Comp Matters, host Alan Pierce discusses these issues along with medical studies, toxicology reports, and the intoxication defense with experts Jim Andrews and Albert Randall.
Jim Andrews has served as an executive in the pharmacy industry for the past 30 years. Currently, he is the Executive Vice President of Pharmacy Services for Healthcare Solutions and a frequent presenter on industry topics. He is also a renowned writer and thought leader in pharmacy journals.
Albert Randall is a principal at Franklin and Prokopik where his practice concentrates in employer defense for labor and employment, workers' compensation, tort liability, administrative and regulatory matters, and general civil litigation. He is also a member of the National Defense Lawyers Network and counsel to Maryland Motor Truck Association.
Jim Andrews has served as an executive in the pharmacy industry for the past 30 years. Currently, he is the Executive Vice President of Pharmacy Services for Healthcare Solutions and a frequent presenter on industry topics. He is also a renowned writer and thought leader in pharmacy journals.
Albert Randall is a principal at Franklin and Prokopik where his practice concentrates in employer defense for labor and employment, workers' compensation, tort liability, administrative and regulatory matters, and general civil litigation. He is also a member of the National Defense Lawyers Network and counsel to Maryland Motor Truck Association.
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NLRB's recent significant decisions
The NLRB this week made public a number of significant decisions, most reached in the final days of the term of Member Brian Hayes, which ended on December 16. The Board continues with three members, Chairman Mark Gaston Pearce and Members Richard F. Griffin, Jr. and Sharon Block.
The decisions touch on a variety of issues including social media postings, charter school jurisdiction, backpay awards, the chargeability of certain union lobbying expenses, and an employer’s responsibility to continue dues collection after the expiration of a contract.
Hispanics United of Buffalo
The Board found that the employer unlawfully fired five employees because of their Facebook posts and comments about a coworker who intended to complain to management about their work performance. In its analysis, the Board majority applied settled Board law to the new world of social media, finding that the Facebook conversation was concerted activity and was protected by the National Labor Relations Act. Member Hayes dissented.
Alan Ritchey, Inc.
In a unanimous decision that resolved the last of the two-member cases returned following the 2010 Supreme Court decision in New Process Steel, the Board found that where there is no collectively-bargained grievance-arbitration system in place, employers generally must give the union notice and an opportunity to bargain before imposing discipline such as a discharge or suspension on employees. Member Hayes was recused.
Latino Express
In a decision that will affect most cases in which backpay is awarded, the Board decided to require respondents to compensate employees for any extra taxes they have to pay as a result of receiving the backpay in a lump sum. The Board will also require an employer ordered to pay back wages to file with the Social Security Administration a report allocating the back wages to the years in which they were or would have been earned. The Board requested briefs in this case in July 2012. Member Hayes did not participate in the case.
Chicago Mathematics & Science Academy
Rejecting the position of a teachers’ union, the Board found that it had jurisdiction over an Illinois non-profit corporation that operates a public charter school in Chicago. The non-profit was not the sort of government entity exempt from the National Labor Relations Act, the Board majority concluded, and there was no reason for the Board to decline jurisdiction. Member Hayes dissented in part.
United Nurses & Allied Professionals (Kent Hospital)
The Board, with Member Hayes dissenting, addressed several issues involving the rights of nonmember dues objectors under the Supreme Court’s Beck decision. On the main issue, the majority held that, like all other union expenses, lobbying expenses are chargeable to objectors, to the extent that they are germane to collective bargaining, contract administration, or grievance adjustment. The Board invited further briefing from interested parties on the how it should define and apply the germaneness standard in the context of lobbying activities.
WKYC-TV, Gannet Co.
Applying the general rule against unilateral employer changes in terms and conditions of employment, the Board found that an employer’s obligation to collect union dues under a check-off agreement will continue after the contract expires and before a bargaining impasse occurs or a new contract is reached. Member Hayes dissented.
Source: http://www.lawmemo.com/blog/2012/12/nlrbs_recent_si.html
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LawBiz® Legal Pad: Selling Your Practice in the Internet Age
Ed discusses the issues in selling a law practice.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/F5ZKvXzw9NM/
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Europe rights body criticizes Azerbaijan for abuses
[JURIST] The Council of Europe [official website] released [press release, PDF] Commissioner for Human Rights Nils Muiznieks's observations on the human rights situation in Azerbaijan on Wednesday revealing human rights issues including: freedom of expression, freedom of assembly and association and the right to property. The observations follow his report [text, PDF] on the country published in August. Muiznieks was highly critical of journalist repression and reiterated the recommendations that he previously made in his report. Recent journalist arrests reinforced...
Source: http://jurist.org/paperchase/2014/04/europe-rights-body-criticizes-azerbaijan-for-abuses.php
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LawBiz® Legal Pad On the Road!: Free Advertising
Ed’s wife reminds him that there’s no such thing as a free lunch, but today Ed shares tips that will promote your firm and services at little expense.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/VEEhDKXfLu4/
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Sunday, April 27, 2014
The seller doesn’t even know …
This evening, my wife and I went to dinner. It was a pleasant Southern California evening with the sun still shining. The wind was blowing but the gusts were significantly less than yesterday. We walked from our home. We decided to go to a sushi restaurant near our house. We were about 10 minutes early and waited outside for the door to be unlocked. The owner came to the door and was washing the door window from the inside; he then opened the door and washed the window from the outside. He said it would be a few minutes more. He then returned to the inside and locked the door. In the meantime, we were getting colder from the wind gusts. The noise of the door being locked clicked something in me.I looked at my wife and said, “How would you like Italian food? The other restaurant is just down the street.” That’s where we went and had a very nice dinner. The sushi restaurant owner could have let us inside, away from the wind gusts, even if the chef was not ready to serve. But, he didn’t; he thought only of himself, not of his customers. He could have said “hello, come inside.” But, he didn’t. I suspect he didn’t know or care that he lost business that night, and perhaps for the future. There are more sushi restaurants in the area.
What are you doing in your law firm that favors your wishes, your desires, your idiosyncrasies at the expense of your clients and prospective clients? As in the case of the sushi restaurant, most often you can accommodate the needs and wishes of the customer and yours at the same time. It certainly would not have caused any problem to let us into the restaurant to sit inside rather than outside. It certainly would not create a great burden to return clients’ phone calls promptly or educate the client about the process he is about to embark on … How much time would it take to ask about the client’s expectations or to tell the client about your expectations (like getting paid timely)? There are other lawyers who do understand their clients’ desires and expectations.
Take care to think about your client and what he expects and whether you fulfill those expectations.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/3s0wZ0N_nLc/
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