Source: http://news.feedzilla.com/en_us/stories/law/video/392636052?client_source=feed&format=rss
personal injury attorneys personal injury lawyer personal injury lawyers power attorney power of attorney
Thursday, August 28, 2014
LawBiz® Legal Pad: Tips for Increased Revenue
Ed offers 5 ways to increase your law firm’s revenue.
1. Emphasize collections.
2. Hire lateral lawyers to meet specific demands, a new practice area, a new need.
3. Leverage technology.
4. Create a cooperative compensation model that emphasizes the law firm as an institution.
5. Outsource functions that are better done by others. Delegate.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/2cO-Ajtv738/
real estate lawyer solicitor solicitors statute law statutory law
In Settlement, Homeland Security Agrees To Reform 'Voluntary Departures'
The Department of Homeland Security is settling a lawsuit with the ACLU, which deals with immigrants who were improperly pushed to leave the country.
lawyer fees lawyer firm lawyer malpractice attorneys lawyer office lawyers
Petters claw back could go worldwide
The trustee in the Tom Petters bankruptcy case has asked the judge for permission to extend his claw back efforts outside the borders of the United States.
Doug Kelley said Petters’ $3.65 billion Ponzi scheme extends to a total of 26 jurisdictions. A hearing on his request in scheduled in U.S. Bankruptcy Court later this month. Kelley said that residents of Australia, Ireland, Switzerland, the Netherlands and Malta will be targeted and there are hundreds of millions of dollars at play. The list of countries could expand, he said.
The money ended up outside the U.S. because foreign investors invested in feeder funds that in turn invested in larger hedge funds that invested with Petters, Kelley said in an interview with the Star Tribune.
“We’ll get records of the master fund and then records of the feeder funds and then we’ll know where to go,” Kelley said. “We basically reverse the process.”
The bankruptcy team has hired lawyers outside the U.S. to identify potential targets.
The bankruptcy has been underway for five years. Kelley has retrieved more than $400 million to be returned to creditors and investors who lost money. Petters is serving a 50-year prison sentence.
Source: http://minnlawyer.com/minnlawyerblog/2014/04/04/petters-claw-back-could-go-worldwide/
Petters claw back could go worldwide
The trustee in the Tom Petters bankruptcy case has asked the judge for permission to extend his claw back efforts outside the borders of the United States.
Doug Kelley said Petters’ $3.65 billion Ponzi scheme extends to a total of 26 jurisdictions. A hearing on his request in scheduled in U.S. Bankruptcy Court later this month. Kelley said that residents of Australia, Ireland, Switzerland, the Netherlands and Malta will be targeted and there are hundreds of millions of dollars at play. The list of countries could expand, he said.
The money ended up outside the U.S. because foreign investors invested in feeder funds that in turn invested in larger hedge funds that invested with Petters, Kelley said in an interview with the Star Tribune.
“We’ll get records of the master fund and then records of the feeder funds and then we’ll know where to go,” Kelley said. “We basically reverse the process.”
The bankruptcy team has hired lawyers outside the U.S. to identify potential targets.
The bankruptcy has been underway for five years. Kelley has retrieved more than $400 million to be returned to creditors and investors who lost money. Petters is serving a 50-year prison sentence.
Source: http://minnlawyer.com/minnlawyerblog/2014/04/04/petters-claw-back-could-go-worldwide/
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Wednesday, August 27, 2014
FBI Probes Possible Computer Hacking Incident at J.P. Morgan
- Agence France-Presse/Getty Images
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Sopranos Creator David Chase FINALLY Answers The Big Question You've Always Wondered — Did Tony Soprano Die?
Remember the finale of The Sopranos way back in 2007?
How everyone was so confused? Did Tony die? Was he in heaven? Hell? Purgatory?
Just sitting at a diner with his family musing on his life and what not?
Well the show's creator David Chase has always stayed incredibly tight-lipped on the finale, refused to answer questions about it, EVER.
But he's finally, FINALLY answered the question that every single Sopranos fan has even wondered -- was Tony dead at the diner at the end?
David reluctantly answered:
'No. No he isn't.'
So what does it all mean now?!?!
Well, that's obviously still up to your own interpretation as a fan!
Though David did go on to reveal that the finale was also based on the poem by Edgar Allen Poe titled Dream Within A Dream!
So maybe, if you REALLY want to figure out the true meaning of the finale, then go study Poe's poem!
Source: http://perezhilton.com/2014-08-27-did-tony-soprano-die-in-finale-david-chase-answers-question
Donna Feldman Drea de Matteo Drew Barrymore Ehrinn Cummings Elena Lyons
Announcement On Bank Of America Settlement Expected Soon
The bank has reached a record settlement of nearly $17 billion to resolve a probe into its role in the sale of mortgage-backed securities before the 2008 financial crisis, according to AP sources.
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11 Golden GIFs Capture Oscar Night's Memorable Moves
If you didn't have the stamina or attention span to keep up with more than three hours of Oscars television coverage (twice that, if you include the red carpet) these 11 GIFs are a game changer. From photobombs, to wipeouts and undeniably "happy" dance moves, it's possible to get the gist of the best of the Oscar broadcast in these quick clips. Now, from the top:
This Week on Legal Talk Network (8/4/14)
Hello. This is Laurence Colletti for This Week on Legal Talk Network.On Monday, host Michele Lange interviews Kroll Ontrack case managers Joe Edlund and Matt Samet about the benefits they offer legal professionals dealing with the often complex process of e-discovery on THE ESI REPORT.On Wednesday, hosts Dennis Kennedy and Tom Mighell discuss the idea of turning legal services into products or "productization," examples of this approach using technology and their tips to explore some of the possibilities on The Kennedy-Mighell Report.And on Friday, Lawyer 2 Lawyer hosts Bob Ambrogi and Craig Williams talk to Sabrina Fenderick from NORMAL and Carla Lowe from Citizens Against Legalizing Marijuana (CALM) about the possible child abuse charges facing pregnant mothers who use marijuana products in states where it's legal but still against federal law.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.mp4
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Can Treasury Make Inversions Rule Stand Up in Court?
Treasury Department officials are hunkered down, sorting through heaps of tax law to try and remove some of the economic incentives that fuel certain cross-border acquisitions.
Source: http://blogs.wsj.com/law/2014/08/25/can-treasury-make-inversions-rule-stand-up-in-court/?mod=WSJBlog
More protection needed for Tanzania albinos: UN rights office
[JURIST] The UN human rights office [official website] on Monday said that the Tanzanian government's system of placing children with albinism in government care centers does not provide this vulnerable group with adequate protection from those who target albinos due to erroneous beliefs and superstitions. The widespread belief that the body parts of human albinos bring wealth and success or cure diseases has led to brutal attacks [AP report]. Although the government began placing people with albinism in state-run education...
colorado disability lawyer commercial law common law company law conservator
Justin Bieber Accused Of Trying To Nab Fan’s Cellphone: Date Night With Selena?
Los Angeles Police were called to Dave & Buster’s in Hollywood on Monday night, after Justin Bieber was accused of trying to steal a snap-happy fan’s cell phone. Twitter users reported seeing the 20-year-old and on/off girlfriend Selena Gomez at the establishment just before the alleged incident occurred. Bieber is believed to have lunged at […]
Ashley Greene Ashley Olsen Ashley Scott Ashley Tappin Ashley Tisdale
HRW: Mexico government should investigate military shootout
[JURIST] Human Rights Watch (HRW) [advocacy website] on Friday called on [HRW report] the Mexican government to fully investigate the killing of 22 civilians by soldiers on June 30, following an alleged confrontation inside an empty warehouse in the municipality of Tlatlaya. All civilians involved in the incident were killed, while one soldier was injured. Credible witness reports have cast doubt on the news release and other official accounts of the incident [BBC report], suggesting that the soldiers may have...
Source: http://jurist.org/paperchase/2014/08/hrw-mexico-government-should-investigate-military-shootout.php
bankruptcy attorney bankruptcy lawyer bankruptcy lawyers best attorney business law
Uber Is Planning to Launch in Israel on Tuesday
Uber plans to launch its car-hailing service in Tel Aviv, Israel on Tuesday in its latest international expansion, the company said.
Source: http://blogs.wsj.com/law/2014/08/25/uber-to-launch-in-israel-tuesday/?mod=WSJBlog
criminal defense criminal defense attorney criminal defense attorneys criminal defense lawyer criminal injury lawyers
Les News, 082514
• This nail polish will let women know if they have been given a date rape drug [Buzzfeed] • Are you excited to watch Seth Meyers host the Emmy Awards tonight? [PopSugar] • There were some misses on the VMAs red carpet last night [LaineyGossip] • Solange goes understated on the red carpet [Celebuzz] • [...]
Source: http://www.pinkisthenewblog.com/2014-08-25/les-news-082514
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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Nicki Minaj Explains Her Massive Wardrobe Malfunction From The 2014 MTV Video Music Awards [UPDATE]
Listen, Trent is right. There’s really only one thing you need to see from last night’s MTV VMAs, and that’s Beyoncé and Blue Ivy performing… mainly Blue Ivy. But everyone is going to be talking about Nicki Minaj‘s massive wardrobe malfunction and I want you to be informed. So, I’m sitting there watching the show, [...]
Jaime King Jaime Pressly Jamie Chung Jamie Gunns Jamie Lynn Sigler
Kelly Rowland Took Her Baby Bump To The 2014 MTV Video Music Awards
While Beyoncé was busy SLAYING the MTV Video Music Awards with her amazing performance and family, mama-to-be Kelly Rowland was also in the building doing a little promo work of her own. Kelly walked the red carpet to show off her growing baby bump and as you can see below, she was a vision of [...]
Ana Hickmann Ana Ivanovi Ana Paula Lemes Ananda Lewis Angela Marcello
If You Miss Your Boyfriend, Perhaps Next Time You Should Try To Bail Him Out Instead Of …
Oh true love. The lengths people will go to. This is a new one on The Juice, and that’s saying something after doing this every day for so many years. As reported by ktvu.com:
A woman in Texas told police she stole a bottle of cheap wine from a gas station so she could get arrested and see her boyfriend in the Williamson County Jail, according to a warrant.
Brilliant!
Alicia Walicke, 22, was charged with theft. Police found her Wednesday next to a Shell gas station drinking a $3.99 bottle of Mad Dog 20/20 she had just stolen from the station, the warrant said.
“Walicke advised her boyfriend was arrested earlier that evening by Cedar Park Officers and it was her fault so she wanted to make things right and go to jail,” according to the warrant.
Two things: That’s the best thing you could come up with? And Mad Dog? (If you’ve never had it, keep it that way!)
Walicke was released from the Williamson County Jail Friday after posting bond on bail set at $5,000, according to court records.
You’ll find the source, and a mug shot, here.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/TUAyUFldagw/afd-8.html
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Tuesday, August 26, 2014
Paula Patton Surfaces On Emmy Night For The First Time Since Her Split From Robin Thicke
Actress Paula Patton has been m.i.a. for the past few months since it was announced that she had split from her estranged husband Robin Thicke. Robin, as you should be WELL aware, went on a very public and very embarrassing campaign to “woo back” his wife by promoting the release of his new album, which [...]
Grace Park Gretha Cavazzoni Gwen Stefani Halle Berry Hayden Panettiere
White House to Lay Out Contraception Compromise for Religious Employers
The Obama administration is set to outline a new compromise Friday designed to shield religious business owners and Christian universities and charities from the health law's contraception-coverage requirements while maintaining the coverage for women, according to people familiar with the new rules.
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Bank of America reaches $16.65 billion settlement with DOJ
[JURIST] The US Department of Justice (DOJ) [official website] on Thursday announced a $16.65 billion settlement [press release] with Bank of America (BOA) [corporate website] to settle claims that it sold precarious mortgage-backed securities to investors. Of the $16.65 billion, $9.65 billion will be split among federal and state entities while the remaining $7 billion will be paid to consumers harmed by BOA and Countrywide Financial's contribution to the 2008 financial crisis. Attorney General Eric Holder [official profile] said that...
Source: http://jurist.org/paperchase/2014/08/bank-of-america-reaches-1665-billion-settlement-with-doj.php
statute law statutory law stupid laws traffic attorney traffic lawyer
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!
Jennifer Gimenez Jennifer Love Hewitt Jennifer Morrison Jennifer ODell Jennifer Scholle
Evernote and the Organized Lawyer
Many people, including lawyers, are using an organizational tool called Evernote and are singing its praises. They are enthusiastic about its capacity to capture all types of information in many formats, to organize information into useful notebooks, and to enable access to that information across multiple platforms. In a time when almost everything is done online, Evernote is a user-friendly web service that can help lawyers stay organized, freeing up time for marketing and taking on new clients.
In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell talk about their own use of Evernote and how Evernote might work well for you in a legal practice. They examine photo recognition, scanning business cards and connecting to LinkedIn, collecting and organizing information for case research, and many more ways in which Evernote can make an attorney's life more efficient. They also discuss downsides to using the tool; there are ethical dilemmas that incur when retaining sensitive client information in a cloud-based tool.
Kennedy and Mighell also briefly reflect on how printing physical copies has changed and how lawyers will think of hard copies in the future. Stay tuned for Parting Shots, that one tip, website, or observation that you can use the second this podcast ends.
Special thanks to our sponsor, ServeNow.
In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell talk about their own use of Evernote and how Evernote might work well for you in a legal practice. They examine photo recognition, scanning business cards and connecting to LinkedIn, collecting and organizing information for case research, and many more ways in which Evernote can make an attorney's life more efficient. They also discuss downsides to using the tool; there are ethical dilemmas that incur when retaining sensitive client information in a cloud-based tool.
Kennedy and Mighell also briefly reflect on how printing physical copies has changed and how lawyers will think of hard copies in the future. Stay tuned for Parting Shots, that one tip, website, or observation that you can use the second this podcast ends.
Special thanks to our sponsor, ServeNow.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2014/06/evernote-organized-lawyer
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First Listen: Jennifer Lopez Enlists Iggy Azalea For A ‘Booty’ Remix
Back in June, rapper Iggy Azalea let it be known that her “booty crush” is Jennifer Lopez … so it’s fitting that Iggy was asked by J. Lo to guest on the remix of her new single Booty. Earlier this month, Jenny showed us the cover of the standard version of Booty … today, we [...]
Izabella Scorupco Jaime King Jaime Pressly Jamie Chung Jamie Gunns
Uber Is Planning to Launch in Israel on Tuesday
Uber plans to launch its car-hailing service in Tel Aviv, Israel on Tuesday in its latest international expansion, the company said.
Source: http://blogs.wsj.com/law/2014/08/25/uber-to-launch-in-israel-tuesday/?mod=WSJBlog
conservator copyright lawyer corporate law corporate lawyer criminal attorney
Hayden Panettiere Lets It Slip That She’s Having A Girl! (VIDEO)
Hayden Panettiere is expecting a baby girl! The actress was chatting on the red carpet of the Emmys to E! News host Giuliana Rancic, telling her she and her fiance Wladimir Klitschko are having a girl! The “Nashville” actress, who confirmed her pregnancy on the red carpet at the 2014 Emmys today, the pregnant 25-year-old ...
Source: http://stupidcelebrities.net/2014/08/hayden-panettiere-lets-slip-shes-girl-video/
LawBiz® Legal Pad: What Are Clients Looking For Anyway?
Ed talks about lawyers who provide solutions and who communicate effectively and often with their clients.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/phF8NiBJ0pc/
attorneys bankruptcy attorney bankruptcy lawyer bankruptcy lawyers best attorney
What Would “Full House” Look Like Without Michelle Tanner?
Michelle Tanner was an iconic character of ’90s television. Her role on “Full House” taught us many life lessons, and of course gave us the adorable catchphrase, “You got it dude.” But what would the show have been like without the precocious Olsen twins?
Federal judge orders release of documents relating to failed law enforcement program
[JURIST] A judge for the US District Court for the District of Columbia [official website] on Wednesday ordered a deadline of October 1 [press release] for the US Department of Justice (DOJ) [official website] to provide a list of documents to the House Committee on Oversight and Reform [official websites] relating to the failed law enforcement program Operation Fast and Furious [materials]. The deadline follows US District Court Judge John D. Bates's ruling [opinion, PDF] that the DOJ must turn...
personal injury attorneys personal injury lawyer personal injury lawyers power attorney power of attorney
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
Ehrinn Cummings Elena Lyons Elisabeth Röhm Elisha Cuthbert Eliza Dushku
Zimmerman: No Appeal From The Court of Public Opinion (Update)
George Zimmerman was acquitted on a Saturday night. Keyboards were pounded. Reporters reported. Pundits opined. And the jury in the court of public opinion rendered its verdict.
Almost no criminal lawyer, prosecution or defense, saw a second degree murder conviction coming. Education and experience condemns us to view evidence and law with detached logic, so there is no emotionalism, no reliance on "common sense," to fudge the proof.
While juries regularly reach verdicts that bear little relation to the facts, evidence and applicable law, mostly because it's a deeply flawed system, that didn't happen here. The best discussion of what happened that has been produced thus far comes from the Unwashed Advocate, Eric Mayer, who succinctly lays it out.
Acquittal was the right verdict in this case, no matter how much you feel Zimmerman acted out of prejudice, or how terrible it is that a young man was killed.
But the court of public opinion rendered its opinion on twitter following the verdict. For those who embrace the "wisdom of crowds," consider its holding:
1. Trayvon Martin's family should appeal the verdict, up to the Supreme Court if necessary.
2. On appeal, they can make George Zimmerman testify.
3. Then, George Zimmerman will be convicted because a young man is dead.
It's not that people intentionally determined that the Constitution should be ignored. It's that the crowds have no clue. Maybe they slept through civics class. Maybe they don't remember. Maybe they don't care. But less than ten days after we celebrated the independence of this nation, the court of public opinion has decided they don't like them.
There will be no appeal because of the double jeopardy clause, which precludes it. Zimmerman did not have to testify, and will never have to testify in a criminal prosecution, because he has the right not to testify. And most sadly, the fact that a young man is dead does not compel the conclusion that someone be convicted of a crime.
So much for the adoration of crowdsourcing, or the desiderata that the public can be entrusted with the handling of the law. In the court of public opinion, assumption runs rampant, as people get their own "feel" for right and wrong, and then become so entrenched in their own bias that they refuse to consider the hard details of evidence and proof. People need no trial to tell them what happened. They hear a story and whatever gut reaction they have to it becomes their reality.
As it turns out, much of what was told about the death of Trayvon Martin is either false or mired in mystery. When left with the proposition that we will never know what "really" happened, the significance is that the prosecution then lacks evidence to prove its case. But Trayvon is dead, so it's unfair since he can't tell his side of the story? True, but that doesn't change the requirement that a defendant be proven guilty. The rule is not proof if its available, assumption if it's not. Except in the court of public opinion.
Is there nothing left to do? There is the possibility of a civil suit for wrongful death by Trayvon Martin's family, just as Nicole Brown Simpson's family sued O.J. The standard of proof is lower, "preponderance of the evidence" rather than "beyond a reasonable doubt," but the outcome will be money damages at worst, not conviction of a crime and imprisonment.
There is also the possibility of a prosecution in federal court for violating Trayvon Martin's civil right to live by shooting him, under the dreaded dual sovereignty that allows the feds a shot if the state fails to convict. That's what happened to LAPD Sgt. Stacey Koon in the Rodney King beating.
Will either of these happen? Time will tell. The former seems far more likely than the latter, but Trayvon's family may be more legally sophisticated by this point, such that they realize the difficulty that exists with providing evidence to prove their claim. It's not that they can't believe, but they can't prove.
As show trials go, this one has generated plenty of fodder for television heads to fill the empty minutes between commercials. But it has also shown that the court of public opinion can't be trusted. Americans still don't understand their own system. They don't get that the rights they want for themselves have to be given to people they despise as well. They refuse to accept that someone they feel with absolute certainty is guilty can be properly acquitted.
Did George Zimmerman have hate in his heart? Who knows. I don't. Neither do you, no matter how strongly you believe you do. But he wasn't proven to have killed Trayvon Martin because of his ill will toward a young black man, and when that happens under our system, acquittal must follow. Yet the court of public opinion refused to accept the verdict, instead pushing its million member jury deeper into ignorance.
There is one truth that neither conviction nor acquittal can change:
Update: Already this morning, television news has broadcast the twits of New York City politicians and candidates following the verdict. They have the potential to enlighten, to calm, to inform. Instead, they are pandering and inflaming the passions and ignorance of the public, playing the confirmation bias card.
Whether they too lack a working grasp of our legal system, or know better and just don't care, is unclear. Either way, a million people could end the day stupider than it began. Is it worth a vote? Don't answer.
© 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.
Almost no criminal lawyer, prosecution or defense, saw a second degree murder conviction coming. Education and experience condemns us to view evidence and law with detached logic, so there is no emotionalism, no reliance on "common sense," to fudge the proof.
While juries regularly reach verdicts that bear little relation to the facts, evidence and applicable law, mostly because it's a deeply flawed system, that didn't happen here. The best discussion of what happened that has been produced thus far comes from the Unwashed Advocate, Eric Mayer, who succinctly lays it out.
Acquittal was the right verdict in this case, no matter how much you feel Zimmerman acted out of prejudice, or how terrible it is that a young man was killed.
But the court of public opinion rendered its opinion on twitter following the verdict. For those who embrace the "wisdom of crowds," consider its holding:
1. Trayvon Martin's family should appeal the verdict, up to the Supreme Court if necessary.
2. On appeal, they can make George Zimmerman testify.
3. Then, George Zimmerman will be convicted because a young man is dead.
It's not that people intentionally determined that the Constitution should be ignored. It's that the crowds have no clue. Maybe they slept through civics class. Maybe they don't remember. Maybe they don't care. But less than ten days after we celebrated the independence of this nation, the court of public opinion has decided they don't like them.
There will be no appeal because of the double jeopardy clause, which precludes it. Zimmerman did not have to testify, and will never have to testify in a criminal prosecution, because he has the right not to testify. And most sadly, the fact that a young man is dead does not compel the conclusion that someone be convicted of a crime.
So much for the adoration of crowdsourcing, or the desiderata that the public can be entrusted with the handling of the law. In the court of public opinion, assumption runs rampant, as people get their own "feel" for right and wrong, and then become so entrenched in their own bias that they refuse to consider the hard details of evidence and proof. People need no trial to tell them what happened. They hear a story and whatever gut reaction they have to it becomes their reality.
As it turns out, much of what was told about the death of Trayvon Martin is either false or mired in mystery. When left with the proposition that we will never know what "really" happened, the significance is that the prosecution then lacks evidence to prove its case. But Trayvon is dead, so it's unfair since he can't tell his side of the story? True, but that doesn't change the requirement that a defendant be proven guilty. The rule is not proof if its available, assumption if it's not. Except in the court of public opinion.
Is there nothing left to do? There is the possibility of a civil suit for wrongful death by Trayvon Martin's family, just as Nicole Brown Simpson's family sued O.J. The standard of proof is lower, "preponderance of the evidence" rather than "beyond a reasonable doubt," but the outcome will be money damages at worst, not conviction of a crime and imprisonment.
There is also the possibility of a prosecution in federal court for violating Trayvon Martin's civil right to live by shooting him, under the dreaded dual sovereignty that allows the feds a shot if the state fails to convict. That's what happened to LAPD Sgt. Stacey Koon in the Rodney King beating.
Will either of these happen? Time will tell. The former seems far more likely than the latter, but Trayvon's family may be more legally sophisticated by this point, such that they realize the difficulty that exists with providing evidence to prove their claim. It's not that they can't believe, but they can't prove.
As show trials go, this one has generated plenty of fodder for television heads to fill the empty minutes between commercials. But it has also shown that the court of public opinion can't be trusted. Americans still don't understand their own system. They don't get that the rights they want for themselves have to be given to people they despise as well. They refuse to accept that someone they feel with absolute certainty is guilty can be properly acquitted.
Did George Zimmerman have hate in his heart? Who knows. I don't. Neither do you, no matter how strongly you believe you do. But he wasn't proven to have killed Trayvon Martin because of his ill will toward a young black man, and when that happens under our system, acquittal must follow. Yet the court of public opinion refused to accept the verdict, instead pushing its million member jury deeper into ignorance.
There is one truth that neither conviction nor acquittal can change:
A young man named Trayvon died. He didn’t need to die. That is both tragic and sad.And there is another truth that twitter cannot change. For all the vast information that has become available to us by virtue of the internet, there is no wisdom of the crowds.
Update: Already this morning, television news has broadcast the twits of New York City politicians and candidates following the verdict. They have the potential to enlighten, to calm, to inform. Instead, they are pandering and inflaming the passions and ignorance of the public, playing the confirmation bias card.
Whether they too lack a working grasp of our legal system, or know better and just don't care, is unclear. Either way, a million people could end the day stupider than it began. Is it worth a vote? Don't answer.
© 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.
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Fans Who Create Facebook Pages For TV Shows Don't Own Those Pages
U.S. District Judge James Cohn made social media history by ruling that a woman who created a fan Facebook and Twitter page for a popular television show did not have propietary interest in the pages.
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Mindy Kaling is Ready for Action at the 2014 Emmys
Funny girl Mindy Kaling looked adorable when she showed up at the 2014 Primetime Emmy Awards earlier tonight (August 25).
The “Mindy Project” star showed off her red carpet prowess in designer duds as she strolled inside Los Angeles’ Nokia Theatre to catch all the action.
Hosted by Seth Meyers, this year’s Emmy Awards promises to be full of laughs and excitement, as well as plenty of beautiful people.
As for the Outstanding Lead Actor in a Drama Series hopefuls, Bryan Cranston, Kevin Spacey, Jon Hamm, Jeff Daniels, Woody Harrelson and Matthew McConaughey are all up for consideration.
Source: http://www.celebrity-gossip.net/emmy-awards-2014/mindy-kaling-ready-action-2014-emmys-1190954
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UN rights chief cites potential war crimes in Iraq
[JURIST] UN High Commissioner for Human Rights Navi Pillay [official website] reported [press release] on Monday that Islamic State (IS) fighters killed up to 670 prisoners in Mosul and committed other crimes in Iraq that may amount to war crimes and crimes against humanity. Pillay stated that IS has systematically targeted men, women and children based on their ethnic, religious or sectarian affiliation. Pillay urged donors to send humanitarian aid to areas affected by the fighting. She also reminded both...
Source: http://jurist.org/paperchase/2014/08/un-rights-chief-cites-potential-war-crimes-in-iraq.php
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Monday, August 25, 2014
Like You Wouldn’t Do The Same Thing If You Were Upset Over Your Drink Order At McDonald’s!
It’s so easy, in the comfort of your own home, or sitting there in your ergonomic office chair, to say that you wouldn’t have reacted as this Houston woman did. But can you really know with certainty? Exactly. As reported by khou.com:
According to officers with the Houston Police Department, the woman got upset over her drink at a McDonald’s restaurant, caused a disturbance, and then sped off [and allegedly led police on high-speed chase.] Police said they spotted her older Mercedes with an expired sticker, and they tried to pull her over.
Okay, so perhaps she overreacted a little.
They eventually used spike strips to flatten her tires. She came to a stop on Hillcroft near Richmond.
Yikes. So what happened to her?
Police said the woman would be charged with resisting arrest. [She was taken to jail.]
Here’s the source, including a photo of the unhappy customer.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/jI6cZj4tl1Y/adfsas.html
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The 6 Ways Twitter Reacted To Justin Bieber's DUI
Following his DUI arrest yesterday in Miami, the Internet exploded with responses to Justin Bieber's latest headline grabbing antics.
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Which '90s Alt-Rock Girl Are You? This Quiz Will Tell You!
Oh, the ‘90s. It was a time when all the hardest-rocking ladies in music were totally angst ridden -- and fierce about it. (And we’d like to categorize our adolescent selves during that period the same way, if we may.)
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Magic Words, Magic Rights
Knowing my love of police "magic words," a reader pointed me to a thread on the subreddit Bad Cop No Donut on whether there is anything to be done when a police officer claims he "smells pot" in a car.
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Or does the 4th Amendment REALLY vanish with those magic words?
I've been stopped and the cop claimed he smelled pot, when, at the time, I hadn't touched the stuff in years. I told him I'd consent to a search if he apologized for wasting both of our time when he didn't find anything. He searched, didn't find anything, and I was on my way without an apology and a "verbal warning" to fix my tail light
Do you ask for another officer's opinion?
Do you tell the officer "bullshit"?
I'm just trying to help some people know what to do in this situation.
Initially, it helps for have a basic understanding of the law as it currently exists. When a cop says he "smells pot," he is invoking the automobile exception to the warrant requirement, which is based on exigent circumstances. Since a person can drive away, and thereby evade arrest and seizure of evidence of a crime in a car, the Supreme Court crafted the exception fin Carroll v. United States, a 1925 opinion about bootleggers getting away from the revenuers, which has done more harm to the 4th Amendment than perhaps any other case.
Since smell can't be captured and bottled for later presentation to a judge, the only "proof" of what an officer smelled is the officer's testimony. If he says so, it becomes real, and that's why they are magic words. Other than proving impossibility or incredibility, there is essentially nothing that can be done to challenge what the cop says he smelled. More importantly, even if a subsequent search turns up no pot, that doesn't mean he didn't smell what he smelled. The officer will testify about his training and experience in smelling pot, and yet he can be mistaken. The law doesn't require the cop to be right.
But the discussion thread about the magic words is where a grave misunderstanding about the system becomes clear. The problem derives from the absence of any marijuana in the car. The cop says he smelled it. This gives rise to probable cause to search and the automobile exception allows the cop to do so without a warrant. A search follows, and it can be as intrusive as the cop chooses to make it. By intrusive, it can include dismantling your brand new Maserati into a million pieces on the side of the road and, when it's over, leaving it there.
So the cop smells pot, searches and comes up empty. No apology. No help putting your Maserati back together. He drives away without so much as a tip o' the hat. This is where people don't seem to understand how constitutional rights work.
There are no elves in the backroom enforcing your constitutional rights. Had the police officer found something in the car to justify an arrest, the question of the constitutionality of the search could be hashed out in court in a suppression motion and hearing. Bear in mind that the cop may have claimed to smell marijuana, but that doesn't mean pot is what was found. Maybe other drugs. Maybe an illegal gun. Maybe a dead body. The smell of pot claim serves to except the search from the warrant requirement, and whatever comes of the search is the basis for the subsequent arrest.
But the cop finds nothing. Nada. Zip. You are clean and, surrounded by the pieces of your brand new Maserati, free to go. What then?
This is where people get confused. That's it? Don't the cops have to, you know, do something?
No red light goes off in the backroom of the constitutional elves. Actually, there is no such backroom. There's nothing. As the cop drives away, that's the end of the encounter, unless the person chooses to take action to contest the violation of his constitutional rights, such as a §1983 claim.
The problem there, of course, is that the cop, invoking the magic words that he "smelled pot," will very likely prevail despite the fact that he found nothing. You won't make it past summary judgment. More significantly, no lawyer will take the case on contingency, meaning that you will have to pay to play, and it will prove to be an expensive longshot to even make the effort to enforce your constitutional rights.
Consider the plight of people stopped in the street in New York City under the stop & frisk program, where the most generous view is that the police take action against 12% of the people stopped. They've performed millions of stops, and a tiny fraction have resulted in people going before a judge, where they can contest what happened. The others, the millions of people stopped and searched where nothing was found, just walk away, having been violated, humiliated and treated like pond scum.
The Constitution is not a self-effectuating document. It requires someone to act upon it to challenge police conduct. Otherwise, they are words without meaning, easily thwarted by police invoking the myriad exceptions the courts have provided. And here's an even worse secret: they don't even have to use magic words unless they ultimately find something, arrest a person and want to use it as evidence in court.
They get this. Most people don't. Most people harbor a naïve belief that, despite everything they know about how the police function, there is still some thread of honesty woven through their conduct that somehow makes them behave in accordance with the Constitution.
There are some excellent videos and writings about how to best conduct oneself to properly invoke constitutional rights and to create countervailing evidence to support one's invocation. The pervasiveness of video is a huge factor in showing that police have manufactured claims and false allegations, and these go a long way in keeping police clean where in the past they could make up anything they want to and there would be no way to challenge them.
But these rights we love so dearly don't happen on their own. Someone has to make them happen. We make them happen. And if we don't, then we're left on the side of the road with our Maserati in pieces cursing. The cops have magic words, but constitutional rights aren't magic. They only happen if we make them.
© 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/2013/07/08/magic-words-magic-rights.aspx?ref=rss
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Supreme Court Steps In To Put Hold On Va. Same-Sex Marriage Licenses
The Supreme Court has stayed a Virginia court's ruling which ended the state's ban on same-sex marriages.
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Texas governor pleads not guilty to abuse of power charges
[JURIST] Texas Governor Rick Perry [official website] on Wednesday pleaded not guilty [waiver of arraignment, PDF] to two felony charges for abuse of power [indictment, PDF]. The jury charged Perry with abusing his power [JURIST report] to intimidate former District Attorney Rosemary Lehmberg to step down from her position in response to her pleading guilty to a drinking and driving charge. Perry threatened to veto $7.4 million in state funding to the Travis County Public Integrity Unit, an initiative that...
Source: http://jurist.org/paperchase/2014/08/texas-governor-pleads-not-guilty-to-abuse-of-power-charges.php
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Think Jennifer Lopez & Casper Smart Are Broken Up? This Pic From The VMAs Will Change Your Mind!
Jennifer Lopez dazzled on the red carpet with a perfectly form-fitting outfit.
But one of the best-looking things she brought to the VMAs wasn't an accessory-- though she did wear him on her arm!
JLo was spotted with her supposed ex Casper Smart in the audience, and that can only mean one thing; they're back together!
We mean, come on, we know WE can't get our exes to bring us Skittles in the middle of an award show!
Mm, a man that serves you candy while you relax? No wonder she keeps him around! They don't call him her eye candy for nothing!
[Image via MTV.]
Obama Orders Review Of Military Equipment Sales To Police
In the wake of violent clashes between protesters and police in Ferguson, Mo., President Obama is ordering a review of the federal programs that help local police departments purchase military gear.
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