Source: http://www.mtv.com/news/1885655/kid-ink-maejor-ali-i-dont-care-video/
Thursday, July 31, 2014
Burwell v. Hobby Lobby: Religion, Contraception, and Regulation
The Supreme Court's recent decision in Burwell v. Hobby Lobby invokes passionate debates and fiery discourse. At the spearhead of exchange are questions about reproductive, First Amendment, and healthcare rights. On this episode of Lawyer 2 Lawyer, host Bob Ambrogi brings light to these issues along with Emily Martin from the National Women's Law Center and Elizabeth Slattery from the Heritage Foundation. Together they discuss the application of the Religious Freedom Restoration Act vs. invoking a Constitutional argument centered around the First Amendment. Tune in to learn more about the 4 debated methods of contraception, Justice Ginsburg's dissent, and religious rights of corporations.
Emily Martin is the Vice President and General Counsel at the National Women's Law Center, where she undertakes cross-cutting projects addressing women's health, economic security, and education and employment opportunities. Prior to joining the Center, Ms. Martin served as Deputy Director of the Women's Rights Project at the American Civil Liberties Union and served as a law clerk for Senior Judge Wilfred Feinberg of the U.S. Court of Appeals for the Second Circuit and Judge T.S. Ellis, III, of the Eastern District of Virginia. She has served as Vice President and President of the Fair Housing Justice Center, a non-profit organization in New York City.
Elizabeth Slattery is a senior legal policy analyst in The Heritage Foundation's Edwin Meese III Center for Legal and Judicial Studies. She researches a variety of issues such as the rule of law, the First Amendment, civil rights and equal protection, and the scope of constitutional provisions. Ms. Slattery also studies and writes about cases before the Supreme Court, judicial nominations, and the proper role of the courts. She manages the Meese Center's appellate advocacy programs, including moot court sessions to prepare litigators for oral argument before the Supreme Court. Ms. Slattery's analysis and commentary have appeared in The Washington Times and The Washington Examiner, as well as outlets including National Review Online, The Daily Signal, The Daily Caller and U.S. News and World Report.
Special thanks to our sponsor, Clio.
Emily Martin is the Vice President and General Counsel at the National Women's Law Center, where she undertakes cross-cutting projects addressing women's health, economic security, and education and employment opportunities. Prior to joining the Center, Ms. Martin served as Deputy Director of the Women's Rights Project at the American Civil Liberties Union and served as a law clerk for Senior Judge Wilfred Feinberg of the U.S. Court of Appeals for the Second Circuit and Judge T.S. Ellis, III, of the Eastern District of Virginia. She has served as Vice President and President of the Fair Housing Justice Center, a non-profit organization in New York City.
Elizabeth Slattery is a senior legal policy analyst in The Heritage Foundation's Edwin Meese III Center for Legal and Judicial Studies. She researches a variety of issues such as the rule of law, the First Amendment, civil rights and equal protection, and the scope of constitutional provisions. Ms. Slattery also studies and writes about cases before the Supreme Court, judicial nominations, and the proper role of the courts. She manages the Meese Center's appellate advocacy programs, including moot court sessions to prepare litigators for oral argument before the Supreme Court. Ms. Slattery's analysis and commentary have appeared in The Washington Times and The Washington Examiner, as well as outlets including National Review Online, The Daily Signal, The Daily Caller and U.S. News and World Report.
Special thanks to our sponsor, Clio.
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General Motors Litigation Update
Recalls. Congressional Investigations. Litigation. General Motors (GM) has taken center stage over its ignition switch problem, which has been linked to drivers' catastrophic injuries and in some cases, death. On Ringler Radio, host Larry Cohen welcomes Attorney Jere Beasley, the senior member of the Beasley Allen Law Firm, to give an update on litigation involving the GM ignition switch problem and talk about the current investigation into General Motors.
Source: http://ringlerradio.com/?p=13812
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The 3 Amigos
Yesterday was a very good, very productive day for me. Having just paid off my car IN FULL, the DMV mailed me the title of my car … which proved to be a GREAT start to the day. I then went to look at what may be my new home in Hollywood but until I [...]
Source: http://www.pinkisthenewblog.com/2014-07-31/the-3-amigos
Alexis Bledel Ali Campoverdi Ali Larter Alice Dodd Alicia Keys
Pharrell Williams’ ‘Come Get It Bae’ Music Video with Miley Cyrus Sparks Controversy
Pharrell Williams’ music video for ‘Come Get It Bae’ features Miley Cyrus doing what she has become known for. Yes, twerking. She arrives on the scene after many, many other women have parading through, all of them twerking. Controversial? As if by design.
‘Come Get It Bae’ is a single from Pharrell’s new album ‘G I R L.’ It has sparked discussion and controversy. It could be said that a video featuring more women twerking than a casual viewer could count would of itself spark controversy. But when one of those women is Miley Cyrus, it’s a guarantee.
The music video and the controversy of it may overshadow what is otherwise a catchy song. But now we may forever associate it with its quasi-voyeristic video which sees one woman after another take her place before cameras in what appears to be a large studio — with spectacular panoramic windows overlooking a cityscape — in what perhaps is an audition. Pharrell Williams appears in the video alongside cameras and crew who are videoing what’s taking place. it would seem to be the director, giving a nod of approval.
As if to crash the video along comes Miley Cyrus, who, understandably gets extra screen time as the one who brought twerking to the mainstream and she sings a few lines of the song as well.
It’s quite a contrast to the ‘Happy’ video which already is a classic. For those who insist on pigeonholing artists will find instant disappointment on those grounds.
That said, the video arrives in a climate in which the role of women in such videos is under heavy scrutiny. Videos are out now which take aim at the pornographic approach, notably John Legend’s ‘You and Me (Nobody in the World). It was just a year ago that Pharrell Williams, as producer and featured artist in Robin Thicke’s ‘Blurred Lines’ was also featured in its highly controversial and arguably misogynistic music video.
Perhaps the main different here is that the women are wearing clothing in ‘Come Get It Bae.’ And there is some nod towards social responsibility and self acceptance with the tag line “Beauty has no expiration date” seen at the beginning of the clip. But such tag line may be overshadowed by visuals which feature women who mostly fall within the “norms” of standards of beauty.
You can see Pharrell Williams’ Come Get It Bae video with Miley Cyrus and too many women to count below.
Pictures: PR Photos
Source: http://feedproxy.google.com/~r/RightCelebrity/~3/qv7PXDaHnmc/
Gina Philips Gisele Bündchen Giuliana DePandi Giulianna Ramirez Grace Park
Employer Fraud and Recommendations from New York State Supreme Court’s Grand Jury Report
A recent Grand Jury Report from the New York State Supreme Court brought recommendations of change to handle Employer Fraud in Workers' Compensation. Among the recommended areas of change are the application process, criminal statutes, and the method of collecting data. On this episode of Workers Comp Matters, host Alan Pierce interviews Gilda Mariani of the Manhattan District Attorney's Office. Together they discuss the results of the Grand Jury Report and the subsequent victims of premium fraud. Tune in to learn more about employee classifications, the involuntary insurance market, and drivers of cost for workers' compensation insurance.
Gilda Mariani is with the New York County District Attorney's Office, having held supervisory positions including Deputy Chief of its former Frauds Bureau as well as Chief of its former Money Laundering and Tax Crimes Unit. She has had a significant role in drafting legislation, including the New York Money Laundering Statute and the misdemeanor crime of Providing a Juror with a Gratuity. She has conducted several investigations that have led to issuance of Reports by the New York County Grand Jury, including the Grand Jury Report released in March 2014 on workers' compensation reform. Mariani is also a recipient of the Robert M. Morgenthau Award by the District Attorneys Association of the State of New York.
Special thanks to our sponsor, PInow.
Gilda Mariani is with the New York County District Attorney's Office, having held supervisory positions including Deputy Chief of its former Frauds Bureau as well as Chief of its former Money Laundering and Tax Crimes Unit. She has had a significant role in drafting legislation, including the New York Money Laundering Statute and the misdemeanor crime of Providing a Juror with a Gratuity. She has conducted several investigations that have led to issuance of Reports by the New York County Grand Jury, including the Grand Jury Report released in March 2014 on workers' compensation reform. Mariani is also a recipient of the Robert M. Morgenthau Award by the District Attorneys Association of the State of New York.
Special thanks to our sponsor, PInow.
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EEOC can use Teamsters-style pattern-or-practice theory under Title VII § 706
Serrano sued in a class action claiming sex discrimination and the EEOC intervened. The trial court ruled for the employer on a number of issues; the 6th Circuit reversed. Serrano and EEOC v. Cintas Corp (6th Cir 11/09/2012).
The main issue was whether EEOC could pursue a pattern-or-practice style claim pursuant to § 706 of Title VII.
The employer argued that under § 706 the EEOC is limited to proving its allegations of discrimination pursuant to the McDonnell Douglas Corp v. Green, 411 US 792 (1973), burden-shifting framework, and cannot use the pattern-or-practice framework announced by the Supreme Court in Teamsters v. United States, 431 US 324 (1977). The court rejected that argument. Even though the Teamsters case arose under § 707, the theory of that case can be used under § 706.
The trial court erred in holding that the employer was entitled to judgment on the pleadings in light of the EEOC's failure to plead its intent to rely on the Teamsters framework. Although the EEOC's complaint "is not a model of good lawyering," a plaintiff need not indicate at the pleading stage which circumstantial evidentiary framework it plans to use.
Source: http://www.lawmemo.com/blog/2012/11/eeoc_can_use_te.html
Lea Michele & Katey Sagal Share A Smoke On The Set Of ‘Sons Of Anarchy’
Yesterday we saw a collection of photos of Glee actress Lea Michele on the set of Sons of Anarchy (with lead actor Charlie Hunnam) on her first day of filming her cameo appearance on the show. Today we get to see a couple more photos of Lea hard at work on the set of SoA, [...]
The Cost of New Banking Regulation: $70.2 Billion
New regulation stemming from the financial crisis has cost the six largest U.S. banks $70.2 billion as of the end of last year, according to a new study.
Source: http://blogs.wsj.com/law/2014/07/30/the-cost-of-new-banking-regulation-70-2-billion/?mod=WSJBlog
The 7 Most Awkward Moments at the Golden Globes
As everyone knows, the Golden Globes are like the Academy Awards' cooler, younger cousin.
Foxy Brown Freida Pinto FSU Cowgirls Gabrielle Union Garcelle Beauvais
Easy DWI Bust Top Ten – Easily
This guy could not have made it any easier for the police to bust him for driving while intoxicated. As reported by The Hunterdon County Democrat (New Jersey):
The incident happened on Friday, July 18, just before midnight on Route 31 north near Echo Lane. Patrolman John Tiger saw a 2013 Ford Mustang stopped on the northbound shoulder with its hazard lights activated. Upon approaching the car, Tiger saw Rafael Genao, 35, of Washington sleeping in the driver’s seat while the engine was running, police said.
Genao’s right hand was on the gear shifter, the car was in neutral, and the emergency brake was on. When the officer woke Genao, Genao de-activated the emergency brake and the car rolled backward, hitting Tiger’s patrol vehicle, police said. After several attempts, Tiger was able to get Genao to park his vehicle, turn it off and hand over the keys, police said.
Um. Er. Uh. Well … sorry? Fuhgeddaboutit.
Tiger detected the odor of an alcoholic beverage on Genao’s breath, determined that he was intoxicated and arrested him. At headquarters, Genao refused to provide samples of his breath for chemical testing to determine the content of alcohol in his blood, police said.
So …
Tiger charged him with driving while intoxicated, refusal to submit to a breath test and careless driving. His vehicle was towed from the scene and he was released to the custody of a responsible adult.
You’ll find the source here.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/EZAolo8wOhM/dfa-2.html
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Jared Correia Interviews Legal Marketing Expert Joyce Brafford at the Mass LOMAP Conference
Jared Correia, co-host of The Legal Toolkit on Legal Talk Network, interviews Joyce Brafford about marketing for lawyers at Mass LOMAP's 4th Annual Super Marketing Conference. She recommends that lawyers choose one social media platform, maintain consistent engagement, and be sincere, especially in solo and small firms with more personal clients. Brafford is a Practice Management Advisor with the North Carolina Bar Association, making sure lawyers have access to the technology that can help them run their firms efficiently and professionally.
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Court reports pretrial notice email scam
Check twice if you get an email from the Minnesota Court of Appeals. The Clerk of Appellate Courts office is reporting a scam email is making the rounds. The note tells recipients that their claim has been received.
The public should be aware that these emails are not coming from the Minnesota Judicial Branch of the appellate courts. Official court communications are sent by U.S. mail or by a phone call. The branch recommends not opening and not responding to any suspicious email.
Below is an example of the scam emails making the rounds:
FROM: Minnesota Court of Appeals [court_secretary@new-fantasy.ir] Mon 2/3/2014 8:46 PM Pretrial notice Hereby we confirm that your complaint has been received together with enclosures dated January 30, 2014. The complaint will be reviewed in court in the nearest possible time based on the documents and information you have previously provided. You do not have to be present at trial in person if the Court does not suggest otherwise. Please use this link to check your complaint once again and confirm it. If we do not get your confirmation the claim will be cancelled. You will be further notified without delay of any judgement delivered in regard to your complaint. Sincerely, Court secretary
Source: http://minnlawyer.com/minnlawyerblog/2014/02/05/court-reports-pretrial-notice-email-scam/
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Orlando Bloom Tried To Kick Justin Bieber’s A**? (VIDEO)
There have been rumors for quite some time now that model Miranda Kerr might have cheated on her hunky husband, Orlando Bloom, before their split with singer Justin Bieber. It appears those reports might have a bit of truth to them after Orlando “took a swing” at Justin outside Cipriani restaurant in Ibiza, Spain. On ...
Source: http://stupidcelebrities.net/2014/07/orlando-bloom-tried-kick-justin-biebers-video/
Lucy Hale Unveils “Lie a Little Better” Music Video: Watch Here!
Her debut country album cracked the top 5 Billboard Country chart and Lucy Hale is on her way to becoming a bona fide country star.
The “Pretty Little Liars” lady just dropped the new music video for her second single “Lie a Little Better,” filmed at the Grand Ole Opry.
Hale told CMT, "What better place to be? My last video was very narrative-driven, and for this, we wanted it to be purely focused on me and the band. It's sort of just a behind-the-scenes look at our rehearsal, soundcheck, me getting ready, the band setting up, me hanging with the band, jamming with the band and rehearsing in the Opry House. We're keeping it simple, but the way it's going to be shot is going to be really artsy and really cool.”
Of the track, she noted, "It's a slightly different song. It's a little edgier and I knew I wanted it to be a performance. Then they came to me with the Opry, and there's no other place I'd rather do it. This is like the pinnacle. It was definitely No. 1 on my list, so I'm glad it worked out."
"The writers of the song (Mike Daly, Chris DeStefano and Melissa Peirce) knew a situation I was going through at the time. I'm the kind of girl who is very independent, don't wear my heart on my sleeve, not really romantic, don't have crushes on people -- or at least don't show it -- and there was a certain person who I was just drooling over. I couldn't look this person in the eye, and I got so nervous around them.”
"There's a line in the song that says, 'I'm fumbling over my words,' like I would stutter in front of this person, completely lose my cool. So I was just like, 'Lucy, you gotta get it together. You're acting stupid!' And so the whole moral of the story is that sometimes you've gotta just learn to lie a little better. I don't know how they did it, but somehow they captured the story so perfectly."
Denise Richards Desiree Dymond Diane Kruger Dido Diora Baird
Easy DWI Bust Top Ten – Easily
This guy could not have made it any easier for the police to bust him for driving while intoxicated. As reported by The Hunterdon County Democrat (New Jersey):
The incident happened on Friday, July 18, just before midnight on Route 31 north near Echo Lane. Patrolman John Tiger saw a 2013 Ford Mustang stopped on the northbound shoulder with its hazard lights activated. Upon approaching the car, Tiger saw Rafael Genao, 35, of Washington sleeping in the driver’s seat while the engine was running, police said.
Genao’s right hand was on the gear shifter, the car was in neutral, and the emergency brake was on. When the officer woke Genao, Genao de-activated the emergency brake and the car rolled backward, hitting Tiger’s patrol vehicle, police said. After several attempts, Tiger was able to get Genao to park his vehicle, turn it off and hand over the keys, police said.
Um. Er. Uh. Well … sorry? Fuhgeddaboutit.
Tiger detected the odor of an alcoholic beverage on Genao’s breath, determined that he was intoxicated and arrested him. At headquarters, Genao refused to provide samples of his breath for chemical testing to determine the content of alcohol in his blood, police said.
So …
Tiger charged him with driving while intoxicated, refusal to submit to a breath test and careless driving. His vehicle was towed from the scene and he was released to the custody of a responsible adult.
You’ll find the source here.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/EZAolo8wOhM/dfa-2.html
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Wednesday, July 30, 2014
What's Your Number? Premiere!
The What's Your Number? premiere is tonight in Los Angeles! I have my dress and I'm super excited!
I'm gong to be tweeting live from the red carpet at 6:30 PM PST for US Weekly magazine, so make sure to follow them and me on Twitter:
Source: http://www.prettyinthecity.com/blog/2011/9/19/whats-your-number-premiere.html
Elisha Cuthbert Eliza Dushku Emilie de Ravin Emma Heming Emma Stone
DC Circuit Rejects Flanking Attack on Health Reform Law
A week after a divided panel of the U.S. Court of Appeals for the D.C. Circuit upheld a conservative challenge to the Affordable Care Act, a different panel of the same court on Tuesday unanimously rejected another avenue of attack.
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Detroit’s Emergency Manager Reverses Course on Financial Watchdog
Detroit's emergency manager has abandoned his support for a court-appointed monitor that would keep tabs on the city's effort to cut $7 billion in long-term obligations and put its finances on sounder footing.
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Second Circuit Applies Morrison v. National Australia Bank to Allow Certain Extraterritorial Application of RICO
In European Community v. RJR Nabisco, Inc., Case No. 11-CV-2475 (2d Cir. Apr. 23, 2014), the United States Court of Appeals for the Second Circuit held that the Racketeer Influenced and Corrupt Organizations (“RICO”) statute, 18 U.S.C. § 1961, et seq., could apply to conduct outside the territory of the United States. In doing so, the Second Circuit addressed the United States Supreme Court’s ruling in Morrison v. National Australia Bank Ltd., 130 S. Ct. 2869 (2010) [blog article here], which held that United States statutes are presumed not apply to extraterritorial conduct, unless Congress has clearly indicated its intent that the statute have extraterritorial application. Applying Morrison, the Second Circuit determined that RICO could apply to extraterritorial conduct, because a number of the statutes listed as predicate acts for RICO liability clearly apply extraterritorially. The Second Circuit ultimately concluded “that RICO applies extraterritorially if, and only if, liability or guilt could attach to extraterritorial conduct under the relevant RICO predicate.” Thus, even after the Supreme Court’s ruling in Morrison, RICO liability can still attach to foreign conduct where the underlying predicate statute applies to extraterritorial conduct.
In this case, the European Community and 26 of its member states (collectively the “European Community”) brought an action against RJR Nabisco, Inc. and a number of its corporate affiliates (collectively, “RJR”) alleging that “RJR directed, managed, and controlled a global money-laundering scheme with organized crime groups in violation of the RICO statute, laundered money through New York-based financial institutions and repatriated the profits of the scheme to the United States, and committed various common law torts in violation of New York state law. The complaint alleged a number of predicate racketeering acts, as required by the RICO statue, including violations of the Travel Act, 18 U.S.C. § 1952, and violations of the statutes criminalizing mail fraud, wire fraud, money laundering and providing material support to foreign terrorist organizations. The complaint also alleged claims under New York state law for fraud, public nuisance, unjust enrichment, negligence, negligent misrepresentation, conversion and money had and received. RJR filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing primarily that RICO could not apply to extraterritorial conduct in the wake of Morrison.
In considering RJR’s motion to dismiss, the United States District Court for the Eastern District of New York determined that the racketeering enterprise alleged in the complaint was a foreign enterprise “which consisted largely of a loose association of Colombian and Russian drug-dealing organizations and European money brokers whose activity was directed outside the United States.” The district court held that the complaint failed to state a viable RICO cause of action, because the “focus” of the RICO statute is the racketeering enterprise, and, absent a domestic enterprise, Morrison’s presumption that United States statutes do not apply extraterritorially would preclude such extraterritorial application.
The Second Circuit disagreed, holding that “Congress manifested an unmistakable intent that certain of the federal statutes adopted as predicates for RICO liability apply to extraterritorial conduct.” The Second Circuit held further that when a predicate act underlying a RICO claim applies extraterritorially, then any claim based upon that act would also. In support of this holding, the Second Circuit cited RICO predicate statutes that only apply to extraterritorial conduct, such as 18 U.S.C. § 2332, which criminalizes killing and attempting to kill United States nationals outside of the United States. The Second Circuit found that these predicate statutes exhibited Congress’s intent that, in certain circumstances, RICO should apply extraterritorially. The Second Circuit then determined that the European Community’s claims that alleged predicate acts of money laundering and providing material support for terrorism could apply extraterritorially in light of the clear indications from Congress that those statutes were designed to criminalize foreign conduct.
The Second Circuit reached a different conclusion with respect to the RICO claims based upon predicate acts of mail fraud, wire fraud and violations of the Travel Act. The Court held that these claims did not apply extraterritorially because Congress did not exhibit the intent to make those statutes apply extraterritorially. The Second Circuit, however, allowed those claims to proceed, because it held that the complaint alleged “that RJR essentially orchestrated a global money laundering scheme from the United States by sending employees and communications abroad.” The Court held that this allegation, and other similar allegations, established a domestic enterprise and that the alleged scheme was directed at the United States in a way that had significant domestic ramifications. Ultimately, those allegations provided a sufficient domestic nexus for the claims to proceed past the pleading stage. The Second Circuit, however, made clear that, at trial and on summary judgment, the European Community would be required to provide proof of the domestic nature of those predicate statutory violations.
Whereas the Supreme Court’s decision in Morrison dealt specifically with the Securities Exchange Act of 1934, the Second Circuit’s application of Morrison to RICO claims in this case suggests that Morrison may have significant implications beyond the securities laws. Future decisions likely will rely upon the Court’s approach here of carefully heeding the underlying principals articulated in Morrison, and requiring a showing of clear Congressional intent before any federal statute will be applied to extraterritorial conduct.
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THE CAREERIST: Magic Circle Partner Rates Up
Magic Circle partners' rates are up to 850 pounds per hour, which is about $1,376. That represents an increase of 62 percent since 2005, but the Brits don't make as much as the Yanks.
Source: http://www.nationallawjournal.com/id=1202631240493?rss=rss_nlj
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Watch: Hilary Duff Releases A Music Video For ‘Chasing The Sun’
We got to hear Hilary Duff‘s NEW single Chasing the Sun yesterday and today, we get to see the just-released music video. In the clip embedded above, we see Hilary acting out a scenario where she is an overworked woman suffering in a bland office environment dreaming of the lazy summer days at the beach. [...]
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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This Week on Legal Talk Network (7/28/14)
Hello. This is Laurence Colletti for This Week on Legal Talk Network. On Monday, Digital Detectives Sharon Nelson and John Simek interview ediscovery and compliance attorney Patrick Gout about how attorneys should be prepared on technology issues when they investigate criminal and civil matters.
On Wednesday, Vicki Voison, The Paralegal Mentor, interviews social business management expert Doug Kaminski about data recovery, ediscovery, and archiving information that is exchanged through new forms of communication like social media.
And on Friday, The Legal Toolkits' Jared Correia talks to marketing strategy consultant and author Dorie Clark about why it's important for lawyers to become subject matter experts and what they can do to become one. Here's a preview.
So tune in. It's all right here . . . This Week on Legal Talk Network.
On Wednesday, Vicki Voison, The Paralegal Mentor, interviews social business management expert Doug Kaminski about data recovery, ediscovery, and archiving information that is exchanged through new forms of communication like social media.
And on Friday, The Legal Toolkits' Jared Correia talks to marketing strategy consultant and author Dorie Clark about why it's important for lawyers to become subject matter experts and what they can do to become one. Here's a preview.
So tune in. It's all right here . . . This Week on Legal Talk Network.
Source: http://traffic.libsyn.com/sr/THis_Week_on_LTN_7-28_Audio_Only.mp3
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Bryan Singer's Accuser ALMOST Settled His Sexual Molestation Case But Backed Out At The Last Minute! But He DID Manage To Lose His Lawyer!
Poor Bryan Singer! It was ALMOST some good news!
The X-Men director has been involved in a pretty ugly sexual molestation lawsuit but it seems that they ALMOST came to a plea deal!
Michael Egan's lawyer, Jeff Herman, reportedly offered to drop the suit for $100,000 and Bryan's people jumped on the offer so the whole thing would just go away!
Well, they obviously jumped on the offer, got so far as to sign it, when Michael BACKED out!
His reasoning?
"This exact kind of take-it-and-shut-up deal is why I decided to stand up in the first place."
But that's not all, it seems that his lawyer has backed out on HIM because Michael decided he didn't want to settle the case!
Yikes! This doesn't sound good for him! Will Michael get a new lawyer and continue with the case?
Guess we'll just have to wait and see!
[Image via PacificCoastNews.]
Command Prompt
Radley Balko picks up yet another incredibly sad story borne of the inherent conflict between protect and serve out of Hillsborough County, Florida. From the Tampa Bay Times:
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Allen Daniel Hicks Sr., 51, was found stopped in his car on the side of Interstate 275 by a sheriff's deputy and a Florida Highway Patrol trooper the morning of May 11, 2012. Passers-by had called 911 after they saw Hicks' Chevy Cavalier swerving west into a guardrail, records of the incident show.
Speaking incoherently and unable to move his left arm, Hicks was arrested on a charge of obstructing a law enforcement officer when he did not respond to commands to exit his car. Just after noon, he was booked into the Orient Road Jail.
As police approached Hicks' car on the side of the interstate, one of two things could have happened. They could have sought to determine if he was okay or the could have acted in a way that enforced the First Rule of Policing without regard to why a car was stopped on the side of the road. They chose the latter.
Police always invoke their "life and death decision-making" as a justification to cut them some slack in the performance of their duties. It's a cop-meme upon which they can rely to rationalize a poor outcome from a wrong choice. The approach to Allen Hicks' car reflects the fallacy of the rationalization.
Hicks wasn't approached because he was thought to be a bad guy, a criminal, a person who threatened anyone, police officer included, with harm. He was there, on the side of the road, where he shouldn't be in the ordinary course of affairs. Something was amiss. What that something was, however, was an unknown.
Dealing with an unknown is very much a part of the police function, but that doesn't turn every unknown into a threat to police safety and a violation of The First Rule. There was nothing about Hicks to suggest any threat to police. Rather, it was the initial choice made, to approach as if a threat existed and issue a command, that gave rise to a hostile and fearful attitude by police.
Lunsford and Guzman became worried when Hicks did not obey commands to show his hands and exit the car. Seeing that Hicks' left hand was drooping into the side pocket of the driver's door, the officers pulled their handguns.
Hicks still acted befuddled, saying to Lunsford, "that's a 9-millimeter semiautomatic gun that you have," the report states. After ascertaining Hicks was unarmed, Lunsford and Guzman pulled him out of the car through the passenger door and handcuffed him.
When an officer commands a deaf man to do something, he won't comply. He can't hear. There is absolutely nothing the deaf man can do about it, as not even the command of a police officer enables a deaf man to hear. He attempts to alert the officer to his inability to hear, which is later characterized as "erratic" or "threatening."
The officer doesn't "know" the man is deaf, and thus assumes the noncompliance to reflect a threat and challenge to the officer's authority, which (as the officer is trained) is an intolerable situation that is most likely to result in harm befalling the officer. The officer acts upon the perceived threat. On a lucky day, the deaf man is merely tased, beaten and cuffed. On a bad day, he ends up like Hicks.
The initial perception that Hicks was, in some inexplicable way, acting criminally pervaded the perception of him in what followed:
Hicks did not receive a medical screening, but was put in a cell where he lay facedown on the floor or tried to crawl using the one working side of his body. On the night of May 12, soaked in his own urine, his brain choked of blood, he was at last taken to Tampa General Hospital and diagnosed with an ischemic stroke. He slipped into a coma and died within three months.
The Hillsborough County Sheriff's office didn't deny they blew it, and their failure resulted in Hicks' death. It would have been hard (though not impossible) to do otherwise. They announced a plan to train their deputies better to discern the symptoms of a stroke.
But that covers a tiny aspect of what went horribly wrong here. They can retrain cops to be more aware of a stroke, or of a deaf person, or of mentally ill person, but they will never be capable of providing such exacting training for every ailment, situation, circumstance that life will put in their way. The fault isn't lack of specific training to identify a stroke, but of the approach, the attitude, that every unknown is assumed to be a threat to their safety such that they will shoot first, tase first, beat first, arrest first, under The First Rule of Policing.
But what of their safety, you ask? Is it not reasonable for a police officer to operate under the default assumption that everything they don't know constitutes a potential threat? Is it not reasonable for a police officer to ground his conduct in his desire to make it home that night unharmed?
Yes. And no. It is not unreasonable for a cop to want to live, and not want to risk his life. It is similarly not unreasonable for a deaf man or a stroke victim to want to survive. It is not unreasonable for either to believe that being deaf or suffering a stroke will not result in their execution, whether quickly by bullet or prolonged by subsequent neglect. And if we're forced to make a choice between who bears the risk of death, the risk must fall on the person who deliberately chose to wear a shield with the knowledge that he selected a job that was potentially dangerous.
Yet Allen Daniel Hicks Sr, is dead for nothing. Feeling badly about it afterward isn't a solution. Neither is the money his family will get from the lawsuit. He should have lived.
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Zoe Saldana Poses Nude on Women’s Health UK Cover, Talks about Her Body, Her Husband Marco Perego
Zoe Saldana poses nude on the cover of Women’s Health UK and continues to bear all for a photo spread in the magazine’s special “naked” issue. The ‘Guardians of the Galaxy’ star opened up about her body, her husband Marco Perego and more.
Zoe Saldana posed for the cover and the inside pictures before her recently announced pregnancy. Of late, the slender actress has revealed her baby bump.
The passage of time is very much on Zoe Saldana’s mind as evidenced by some of her reflections about her body. She told Women’s Health UK, ‘My body is less toned. I do look in the mirror and see things I don’t want. My first reaction is I breathe and I think, ‘I’m a woman, I’m 36, my body is changing.’’
Continuing to reflect, she said, “This past year I’ve had to start letting go. My body dictated it as if saying, ‘Slow the f**k down!’ … And I struggle with that. I love to be an athlete.’
The actress who also has a background as a dancer and is famously slender drew controversy in the past when she chose to reveal her exact weight. Celebrities revealing how many pounds they weight has of late been controversial, as some consider it triggering, especially if the weight is one that might be unobtainable to the majority.
Zoe Saldana steered clear of numbers this time around. She went on in her self-assessment, saying, ‘I’ve learnt to listen to myself, so whenever I don’t feel like doing anything that starts with ‘I should’ then I don’t.’
She went on to say, ‘I’m exactly where I want to be. I do feel beautiful in a way that even when I was working out a whole lot, I sometimes didn’t.”
Again, within the pages of the “naked” issue, she continued to elaborate and added, ‘Because there have been times that I was really slender and I didn’t like that I sometimes looked a little too muscular and flat chested – you’ll never be completely happy, so at the end of the day it’s like “F**k it. Just be happy, regardless.”’
She also talked about her husband, the Italian artist Marco Perego whom she recently married, saying, ‘We give each other a great deal of support and love but it wasn’t because we found it in each other, we came that way and then got together.”
She added, ‘That’s what I love about it. I do believe whatever’s meant to be will be – but had the universe said,’Let’s just wait, he’s going to come into your life later,’ I would’ve been fine on this journey I was on just knowing who the f**k I was.”
You can see more excerpts from Zoe Saldana’s interview with Women’s Health UK along with the cover and the photos here.
Pictures: PR Photos
Source: http://feedproxy.google.com/~r/RightCelebrity/~3/dvS6bV5DFTo/
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U.S. Judge Approves One-Time Argentina Payment on Some Bonds
- Reuters
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Jennifer Lopez Is a Stunning Beauty
The actress attends the FOX All-Star Party in L.A.! Plus, check out more pics of your favorite stars on the scene!
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Egypt court reduces activist's sentence
[JURIST] An Egyptian court on Sunday reduced the sentence of the prominent activist Mahienour El-Masry from two years to six months, and fined her LE50,000 (USD $7,000), for violating Egypt's protest law. El-Masry was found guilty of violating Egypt's protest law after being arrested for protesting during the Khaled Said murder retrial in December. During the protest El-Masry and eight other protesters allegedly organized an unauthorized protest, blocked off the road, assaulted a police officer and destroyed a police vehicle....
Source: http://jurist.org/paperchase/2014/07/egypt-court-reduces-activists-sentence.php
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Tuesday, July 29, 2014
Court Rejects Law Threatening Mississippi's Last Abortion Clinic
A federal appellate court rejected arguments that women could seek abortions outside the state, saying no state can farm its constitutional duties out to its neighbors.
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Les News, 072914
• These cats just can’t get dates [Buzzfeed] • Kate Middleton hops [PopSugar] • Oh no! Ben Affleck and Kevin Smith aren’t friends anymore :( [LaineyGossip] • Ariana Grande reveals estrangement from her father in Seventeen magazine [Celebuzz] • Bradley Cooper in leather [Socialite Life] • Lady Gaga keeps trying [MuuMuse] • Lana Del Rey [...]
Source: http://www.pinkisthenewblog.com/2014-07-29/les-news-072914
Fed. Judge Applies Ban on Juvenile Life Sentences Retroactively
A Pennsylvania federal judge has ruled the U.S. Supreme Court's decision in Miller v. Alabama, deeming mandatory life sentences without parole for juvenile homicide defendants unconstitutional, applies retroactively.
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Katy Perry's Rainbow Goddess Rolling Stone Cover Will Make You Wish You Were That Finger!
Green streaked hair, double rainbow shirt, seriously, this bright array of colors is synonymous with Katy Perry!
THIS is how she does it and she looks FLAWLESS!
Granted this isn't as epic as her past Rolling Stone covers (kisses in place of bra cups anyone??), but it's pretty incredible.
Just look at that intense gaze and those hypnotizing eyes!
We weren't expecting a cover from KatyKat and we're pleasantly surprised! It's definitely reminiscent of her Prismatic tour!
Do U like???
[Image via Rolling Stone Magazine.]
Source: http://perezhilton.com/2014-07-29-katy-perry-rolling-stone-magazine-cover-shot-2014
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Payout Resolves Objections to $1.6B Toyota Settlement
Some of the most vocal objectors to the $1.6 billion settlement with Toyota Motor Corp. have agreed to drop their challenge in exchange for $1.5 million to research electronics systems used in cars.
Source: http://www.nationallawjournal.com/id=1202637032014?rss=rss_nlj
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Supreme Court allows execution of Arizona prisoner
[JURIST] The US Supreme Court [official website] vacated [opinion, PDF] a decision by the US Court of Appeals for the Ninth Circuit [official website], granting a conditional preliminary injunction in the execution of an Arizona death row inmate. The Ninth Circuit stayed the inmate's execution on Sunday, refusing to allow the execution to move forward [JURIST report] until prison officials revealed the details of the secret two-drug combination to be used for the lethal injection. In its three-sentence opinion, the...
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OPINION: Chemerinsky: God, Birth Control and Corporate America
Can a corporation claim to have religious beliefs and, if so, does it violate those beliefs to force the business to include contraceptive coverage in the health insurance it provides its employees? The U.S. Supreme Court has just granted review in two cases on the issue.
Source: http://www.nationallawjournal.com/id=1202631180111?rss=rss_nlj
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Soulful 7 Year-Old Sings Billie Holiday, Everyone Weeps
Prepare your ear drums, the next mind-blowing X Factor/Idol/Got Talent audition has arrived in the tiny form of 7-year-old songstress Angelina Jordan Astar.
Jack, My Narcoleptic Nephew Update
Remember when I wrote this post about how my nephew Jack can sleep anywhere?
Well, here's the latest:
Source: http://www.prettyinthecity.com/blog/2011/6/17/jack-my-narcoleptic-nephew-update.html
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Thailand king endorses interim constitution
[JURIST] Thailand's King Bhumibol Adulyadej [BBC profile; JURIST news archive] announced his support on Tuesday for an interim constitution [PDF; in Thai] that would grant extensive authority to the National Council for Peace and Order (NCPO) [MThai report, in Thai], the military junta currently in power. King Bhumibol announced [Reuters report] his endorsement during a routine royal news bulletin. The NCPO, which has controlled Thailand since a coup expelled former Prime Minister Yingluck Shinawatra [BBC profile] in May, has declared...
Source: http://jurist.org/paperchase/2014/07/thailand-king-endorses-interim-constitution.php
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Data Breaches, eDiscovery, and the Importance of Digital Forensics
Every law firm can run into incidents of employee misconduct, data breaches, and intellectual property theft. In the age of modern technology, data breaches, insider trading, and other security problems require extensive technological forensics. Partners and firm owners, as well as lawyers working within the firm, need to understand why a digital investigation is needed, what steps should be taken within an investigation, and who should be involved. Having this knowledge can save the firm thousands of dollars while uncovering the truth.
In this episode of Digital Detectives, Sharon Nelson and John Simek interview ediscovery and compliance attorney Patrick Oot about how attorneys should be prepared on technology issues when they start to investigate criminal and civil matters. Everyone leaves technology footprints, Oot explains. Whether dealing with an internal investigation or with client data, the most important asset is unbiased, comprehensive, and well documented research. When hiring a digital investigator, the firm should always find an outside expert who is experienced with data breaches, understands how data moves through the system, and can manage proper narrative to the regulators. Properly conducting a digital investigation can make the difference in the credibility and success of a law firm.
Patrick Oot is a partner in the DC office of Shook Harty and Bacon LLC where he leads the practice on e compliance and digital investigations. He is one of the few ediscovery and compliance attorneys in the nation that possesses the tripartite experience of an in-house corporate counsel from a fortune 16 organization, a senior attorney at a federal regulatory agency, and a partner in a large law firm. Patrick has extensive experience advising on discovery and investigative matters involving commercial litigation, compliance, regulatory requests, antitrust matters, and personnel issues.
Special thanks to our sponsor, Digital WarRoom.
In this episode of Digital Detectives, Sharon Nelson and John Simek interview ediscovery and compliance attorney Patrick Oot about how attorneys should be prepared on technology issues when they start to investigate criminal and civil matters. Everyone leaves technology footprints, Oot explains. Whether dealing with an internal investigation or with client data, the most important asset is unbiased, comprehensive, and well documented research. When hiring a digital investigator, the firm should always find an outside expert who is experienced with data breaches, understands how data moves through the system, and can manage proper narrative to the regulators. Properly conducting a digital investigation can make the difference in the credibility and success of a law firm.
Patrick Oot is a partner in the DC office of Shook Harty and Bacon LLC where he leads the practice on e compliance and digital investigations. He is one of the few ediscovery and compliance attorneys in the nation that possesses the tripartite experience of an in-house corporate counsel from a fortune 16 organization, a senior attorney at a federal regulatory agency, and a partner in a large law firm. Patrick has extensive experience advising on discovery and investigative matters involving commercial litigation, compliance, regulatory requests, antitrust matters, and personnel issues.
Special thanks to our sponsor, Digital WarRoom.
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Smith & Wesson Pays $2M in Overseas Bribery Penalties
Smith & Wesson Holding Corp. agreed on Monday to pay $2 million to settle charges brought by the U.S. Securities and Exchange Commission claiming that the firearms manufacturer bribed foreign officials to boost sales.
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Oscar Losers Scooping Up $80,000 Worth of Swag
While any Hollywood star dreams of winning an Oscar on the big night, you know what they say: It's an honor just to be nominated. An honor, and a totally huge windfall, as it turns out.
Federal appeals courts issue conflicting rulings over subsidies for healthcare exchanges
[JURIST] Two federal appeals courts in the US issued conflicting rulings within hours of one another on Tuesday, as the federal court system continues to grapple with the legal ramifications of the Patient Protection and Affordable Care Act (PPACA) [tex, PDF]. The most recent legal debate with the PPACA surrounds the issue of whether subsidies [WP report] may be awarded by the federal government in states that elect not to set up their own health insurance exchange. In the first...
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Monday, July 28, 2014
On Women ‘Provoking’ Men To Violence: Can A Feminist Agree With Stephen A. Smith’s Comments?
“Shannon, one of these guys is gonna f— you up.” Okay, we’ll get to that quote (from one of my friends, circa 2003) shortly. I don’t know how much you all have heard about this story, or whether or not any of you watch First Take (I do, and I love it) but Stephen A. [...]
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