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In my recent interview with Brent Turner, from the California Association of Voting Officials (CAVO), we heard about the public interest case for making voting machines open source. In this article, I further explore the unfortunate trend for vendors in this space to "openwash" their offerings; that is, to misrepresent proprietary products as if they were open source, with the intent of making them more appealing.
In our last conversation, I was surprised to learn that there are no open source voting systems in use in California. Could you expand on the current market landscape for voting systems? How big is the market and how it is partitioned across vendors?
The current voting system market is broken to the extent there are just a few vendors in the United States:
- Election System & Software (ES&S)
- Hart InterCivic
- Dominion Voting Systems (Premier Election Systems / Sequoia Voting Systems)
The Department of Justice has enforced anti-trust laws against the biggest vendor, ES&S, forcing them to divest in an attempt to address the issue. The companies have a lock-in on the jurisdictions and tend to price gouge. The last round of jurisdictions utilized Federal monies from the Help America Vote Act, which was approximately 4.5 billion USD in sales. There are other smaller vendors, but they don't have much market share. The executive background of some of these vendors is another issue for consideration.
The lack of competition has been exacerbated by the poor design and manufacturing. California's "Top to Bottom Review" gives good insight regarding the security flaws. All government tests of the current systems have been scathing and have concluded the systems as unacceptably deficient.
What are the constraints and requirements that state officials are subject to when choosing voting systems? What laws jurisdiction apply in this space?
Currently, there is a patchwork quilt of laws and methods statewide and nationally. Uniformity is desired but there is much legislation that must occur. When the Secretaries of States and election directors give the green light for open source election systems to their counties, the natural market will occur. The California Association of Voting Officials is uniquely positioned as a hub to facilitate this occurrence and was created for that purpose. Many California counties have already expressed their interest for the cost savings and security benefits.
Now that SB-360 is a state law, California can "opt out" of the broken federal certification process. This removes the federal red tape and financial barriers. Though this law had the "open source" language removed and "non-proprietary" inserted, it still retained it's integrity enough to create a pathway for open source voting.
Tell us more about "openwashing," or making products appear open source even though they are not, in terms of voting systems. How common is it?
We have been excited to witness open source election system vendors enter the space, but we are also are mindful to monitor the standards. There is at least one company now announcing themselves as a General Public License (GPL) licensed voting system. Unfortunately, there are others attempting to pass themselves off as open source with nuanced licensing schemes. We recognize this as an attempt to sell code to the government via openwashing, and we have been quite aggressive in highlighting the differences between GPL, open source, and proprietary code.
The Open Source Initiative (OSI) has been a great resource here. Jurisdictions naturally lack the technical understanding necessary to understand the nuance utilized by some. But we have continued our education campaign, inoculating counties against "open-washers" has become part of our necessary routine in the fight for transparency.
After over a decade of effort, we had finally created "political will " and traction for adopting open source voting system. It has been after this effort, that we now see come into this space, a set of companies whose offerings sound and look like open source but are not necessarily so.
The publicly owned software code solution was already complex enough, and the "open-washers" added to the confusion and mis-direction. These companies are often rich in funding and also absorb grant monies, which allows them to be quite cozy with the status quo. The power of the "open-washers" is far reaching but can be curtailed through education of the government purchasers.
Is openwashing done through licenses that seem to be open source? Also, through marketing and advertising?
I believe it is a combination. The non-GPL license schemes have names that sound alike and confuse the jurisdictions. Open-washers have co-opted the term "open source" and buzz words like "transparency" and "publicly owned" so that jurisdictions must rely on technologists for clarity. For instance, there is an "open public" license that has now cropped up.
What are the opportunities for the general public to intervene and expose the practice of openwashing? Are these state decisions and deliberations held in the open? Can citizens raise objections?
Contact your Secretary of State, State Representative, Board of Supervisors, Registrar, and others, and request proper vote counting systems be certified and deployed. Let them know the people want GPL and open source election systems. Also, contact California Association of Voting Officials for further information regarding upcoming hearings and events.
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What is the amount?
The quarantine contribution is paid for the first 14 calendar days of quarantine, and the maximum amount is CZK 370 per day. Please note, however, that for each day of the quarantine, the sum of the quarantine salary reimbursement and quarantine contribution cannot exceed 90% of the employee's average earnings.
Who pays the special quarantine contribution?
The special quarantine contribution is paid by the employer, together with the quarantine salary reimbursement. The employer can then deduct the paid amount of quarantine contribution from payments of social security contributions. The quarantine contribution will not be subject to income tax or foreclosure and will not be included in the income for the purpose of calculation of social benefits.
What is the relevant period?
The employee is entitled to the quarantine contribution if the quarantine was ordered after 28 February 2021. The quarantine contribution is only applicable for days in quarantine until 30 April 2021.
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A 22-year-old guy, who is thought to be mentally ill, spent three days at their apartment building in Hyderabad with his mother’s body.
After neighbours complained about the terrible stench coming from the unit, police discovered the woman’s body in a decayed state.
Vijaya’s (50) body was moved for an autopsy, and her son was jailed for questioning.
The event occurred on Saturday at the Malkajgiri police station’s jurisdiction in Telangana’s Medchal Malkajgiri district.
Locals believe the teenager killed her mother. They claimed that they used to have frequent disagreements.
Police registered a case of death under suspicious circumstances and took up further investigation.
(with inputs from IANS)
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Online Weekend Immigration Consultation
Online - Zoom
- 1 hr1 hour
- 220 Australian dollars$220
- Weekend Appointment
During our initial consultation, we will gather the relevant facts about your immigration matter and provide you with the relevant legislation applicable to your case, potential outcomes, risks and costs associated with your migration issue. Following your consultation, you will receive a tailored immigration advice email.
5/531 Hay Street, Perth WA, Australia
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Montana SB 215
As the Founder of the Church of Sacred Sacraments, I am excited about the recent passage of Montana Senate Bill 215, also known as the Montana Religious Freedom of Restoration Act. This legislation provides legal protection to psychedelic sacrament churches, like ours, which use substances such as ayahuasca, psilocybin mushrooms, and peyote in our religious practices.
For too long, our church and others like us have faced persecution and legal challenges because of our use of these sacred substances. These substances are central to our religious practices and are used to help us connect with the divine and achieve a deeper understanding of ourselves and the world around us.
The passage of this bill is a huge victory for religious freedom in Montana. It acknowledges that the use of psychedelic sacraments can be a legitimate part of religious practice and should be protected under the law. This is a significant step forward in recognizing the diverse range of religious beliefs and practices in our state and in the United States as a whole.
The Church of Sacred Sacraments has been working tirelessly to educate lawmakers and the public about the spiritual and healing benefits of our practices. We believe that the use of psychedelic sacraments, when done in a safe and responsible manner, can help individuals overcome trauma, addiction, and other mental health challenges.
This legislation is a crucial step in ensuring that individuals who seek out our services can do so without fear of legal repercussions. It allows us to continue our important work of providing spiritual guidance and healing to those who seek it.
We understand that some individuals may have concerns about the use of psychedelic substances in religious practice. However, we would like to assure the public that our church takes the safety and well-being of our members very seriously. We have strict guidelines in place for the use of these substances, and we only work with experienced and trained facilitators who can provide a safe and supportive environment for our members.
In conclusion, the passage of Montana Senate Bill 215 is a major victory for religious freedom and for the Church of Sacred Sacraments. It allows us to continue our important work of providing spiritual guidance and healing to those who seek it, and it acknowledges the legitimacy of our religious practices. We are grateful to the lawmakers and advocates who worked hard to make this legislation a reality, and we look forward to a future where psychedelic sacraments are accepted and celebrated as a legitimate part of religious practice.
Click the button beliow to read Senate Bill 215
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What should FCoin "Thunderstorm" investors do? The lawyer advised
Text: Xiao Yan
A truth announcement announcing the closing of FCoin.
FCoin founder Zhang Jian said, "The route to hell is paved with goodwill." Hell is that the biggest problem that FCoin currently faces is not the problem that the system cannot be restored, but the problem that the capital reserve cannot be paid by users. It is expected that the scale of non-payment is between 7000-13000 BTC.
- EU officials: Libra cannot be regulated due to lack of further details
- Fed acknowledges digital dollar outlook, US will issue new regulations on digital currency payments
- EOS retail: BM is like a dream young man
FCoin produced a chain reaction after the thunderstorm, and many cooperative agencies that purchased products on its platform were unable to pay. ExinOne issued an announcement saying that some of its assets in the "Yubao" business existed in FCoin wealth management accounts. Due to the shortfall in FCoin assets, users are likely to be unable to retrieve their previous assets.
What should investors do, and who should report the case?
Today, various investors such as retail investors, institutional investors, and market makers are facing the problem of being unable to pay. From the discussion of the rights activists, everyone's funds and assets range from tens of thousands to ten million yuan. Various rights groups are collecting various types of information from Zhang Jian and his team, and the authenticity of the information is difficult to distinguish.
Can FCoin circumvent China's legal supervision? Attorney Zhang Yu, the head of the Bitlaw team and senior partner of Shanghai Hansheng Law Firm, said in an interview with PANews that it is unlikely that FCoin wants to circumvent domestic legal supervision. "Although many Chinese project owners choose to register abroad or do not set up a registration site, the object of the fundraising is mainly for Chinese investors. We notice that Fcoin, as an exchange registered in Singapore, although it is also clearly stated in the user agreement Tips do not provide services for users in mainland China, but in fact, there is still a simplified Chinese web page description on the website of the trading platform. The registration process also accepts registration of mobile phone numbers from the mainland of China. At present, most of the users of the trading platform From mainland China. "
At present, many investors take Zhang Jian, the company that previously operated Beijing Bochen as the main body, to report. For which main body will it be more likely to be filed by the police? Zhang Yu believes that the basis for the police's final filing is judged based on the qualitative nature of the criminal act and the relevance of the subject and the criminal act. On the premise that the FCoin trading platform is suspected of a crime, if there is no evidence that Beijing Bochen is FCoin The actual operating subject or actual participation in the operation, then it is not very likely that Beijing Bochen will be the subject of the investigation.
"Our country ’s criminal law mainly adopts the principle of territoriality and the principle of person (" Article 7 If a citizen of the People ’s Republic of China commits a crime under this Law outside the territory of the People ’s Republic of China, this Law shall apply, but Those with a term of imprisonment of less than three years may not be prosecuted. "Therefore, based on the relevant provisions of our criminal law, if the person in charge of the actual control and operation team of Fcoin is a Chinese national, then investors can try to use the actual operation team of Fcoin Report to the police at the same time as the subject. "Zhang Yu added.
Sun Jun, a senior lawyer at Shanghai Shenhao Law Firm, wrote that investors should go to the local public security bureaus to report the case. Finally, where the public security bureau will accept the case and have a strong ability to solve problems, they will focus on the public security bureau to report the case as a whole.
Sun Jun said that from his many years of experience in handling cases, Jiangsu Yancheng has the best ability to handle cases in the currency circle, because they have handled PLUSTOKEN and WOTOKEN cases. They have done very careful work in property disposal, and they are happy to accept such cases. After all, the case involves a relatively large amount of money. Public security handling of this case can not only generate local income, but also be more conducive to success. Most importantly, they are very experienced in dealing with similar currency circle cases. Recently, the Shanghai Pudong Sanlin Economic Investigation has just handled the IDAX case, and the two cases have similarities.
If the case is filed, what will be the conviction?
If the police do not accept the case, it may be because the case itself does not fall within the scope of criminal jurisdiction, that is, civil and commercial disputes.
On September 4, 2017, the seven central ministries and commissions jointly issued the "Announcement on Preventing the Financing Risk of Token Offerings", and on August 24, 2018, the five ministries and commissions such as the CBRC issued "On the Prevention of" Virtual Currency "" Blocks. "Risk Tips for Illegal Fundraising in the Name of" Chain "have clearly specified that no organization or individual may illegally engage in token issuance and financing activities, and any so-called token financing trading platform shall not engage in legal currency, tokens, and" virtual currencies "with each other. In the exchange business, you may not buy or sell tokens or "virtual currencies" as a central counterparty, and you may not provide pricing, information intermediation, and other services for tokens or "virtual currencies."
On January 12, 2018, the Internet Finance Association of China issued the "Risk Tips on Preventing Disguised ICO Activities", calling on "for the IMO model and various types of overseas servers to continue to provide domestic residents with ICO and 'virtual currency' trading venue services, If they are found to be involved in illegal financial activities, they can report to the relevant supervisory authority or the China Internet Finance Association, and if they are suspected of illegal crimes, they can report to the public security organs.
However, if the case is filed, if the suspected illegal fund-raising is mainly facing two charges, the crime of fund-raising fraud and the crime of illegally absorbing public deposits. Zhang Yu said that the difference between the two can be summed up in one sentence. The illegal punishment for absorbing public deposits is "you have not been approved", and fund raising fraud is essentially a fraud.
"As for what kind of crime Fcoin will be convicted if the thunderstorm is filed for investigation, it will ultimately depend on all the evidence finally found by the police to be judged."
Responsible in life?
Zhang Jian said in the "FCoin Truth" that he has begun a new venture and is responsible for the end of his life. A single announcement cannot defend him, nor can he turn a possible criminal legal relationship into a civil legal relationship.
"There is only one standard for determining the legitimacy of an act, that is, the current legal provisions, not based on the subjective discussion of anyone." Zhang Yu said, as for whether you believe he can pay back the money, it can only be an investor Self-employed judgement.
This is not the time for sensation.
Under the standards of the law, I don't know if Zhang Jian has the opportunity to take responsibility in the end.
We will continue to update Blocking; if you have any questions or suggestions, please contact us!
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I was recently in a phone conversation with a business colleague and his business owner clients. My colleague was extolling the need for a buy-sell agreement between three business owners, saying “your wives may not trust each other if something happens to one of you.” When the advisor paused for air, one of the owners said, “but none of us are married!” This triggered in my mind all the confusion that surrounds how wives, husbands and domestic partners fit into buy-sell planning. I wondered about that owner’s comment about not being married: might there be a common law spouse involved, an ex-spouse who is not an “ex” in the eyes of the law, a same sex marriage that qualifies in their state but not for federal purposes?
Moral, ethical and just plain fair-play issues aside, a key issue in buy-sell planning is how the spouse should factor into the agreement. The bottom line is that business owners should involve their spouses in buy-sell planning — through an acknowledgement, a waiver, as a party to the agreement or in some format that will make the transaction work as intended. Financial reasons are certainly a key driver for this need. For example: if an owner dies the agreement may call for the stock to be redeemed by the company from the estate. The terms of the buy-sell will obviously have an effect on the surviving spouse’s inheritance, but the terms of the will may determine to what extent the surviving spouse controls the stock. Or, let’s say the business owner was in the middle of buying out a deceased partner’s stock when the owner unexpectedly dies. The surviving spouse may suddenly be saddled with an unfunded debt.
Life insurance is typically used to fund buy-sell agreements that are triggered by the death of an owner. If the spouse is unaware of the buy-sell agreement and has not consented to it, there is the risk that the payout of the life insurance proceeds will be disputed. If the terms of the agreement are known and understood in advance, the process will work much smoother. A common scenario is when an owner dies the business collects the life insurance proceeds and pays them out to the owner’s estate in return for the deceased owner’s share of the stock. The spouse is often both the executor and primary beneficiary of the estate. He or she can make this transaction simple … or a mess.
The legal issues are a related concern. Look no further than to how Frank McCourt lost control of the Los Angeles Dodgers because of a marital dispute over his ownership of the team. Pre-planning is important no matter how solid the marriage. Remember, there are other parties involved in the typical buy-sell agreement. For example: if a business owner’s spouse is a party to the buy-sell agreement, he or she will be better positioned legally to deal with surviving owners and their spouses.
There is no one way to handle this issue. In some cases, the spouse may simply acknowledge awareness of the agreement, certifying that he/she is not a party to the terms. In other cases, particularly in the nine community property states, it may be better to have the spouse affirmatively consent to the terms of the buy-sell agreement. And, in some situations the spouse should become an actual party to the agreement.
Definition of Marriage
The legal issues are compounded by the problem of defining marriage. The issue of common law marriages has long been a challenge for local courts. Now, we also have the conflicting status of same sex marriages under 50 different state laws plus the federal Defense of Marriage Act (DOMA). Although state law generally controls for purposes of contract law, (which is what a buy-sell agreement is) federal law should not be ignored. The federal definition of marriage affects issues such as the marital deduction for estate tax, attribution rules for corporate stock redemptions and other tax-related concerns. Unless and until the U.S. Supreme Court rules otherwise, DOMA’s definition of a marriage controls for purposes of federal taxes.
What to Do
Buy-sell planning is a situation where a few hundred dollars and a few hours of attention may save hundreds of thousands of dollars and untold hours of wasted time.
- Consider your personal marital situation and what issues may be involved with any plans you have for your business. To the extent appropriate, discuss these issues with the owners of your business. Seek the same candor from them regarding their marital status.
- Consult with your advisors to determine how best to handle the spousal issues (consent, waiver, agreement, etc.) relative to the buy-sell agreement.
- Work with your financial advisor to assure you have the proper funding for the agreement (insurance or otherwise), as well as the appropriate ownership and beneficiary designations.
- Marital relations can change just as business relations can change. Stay on top of the situation. Better to address new concerns as they arise than wait until it is too late.
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Elder law is legally specialized to focus on older adults and their needs. Having all essential documents up to date helps caregivers have the legal right to provide the best care to their seniors. Hence, finding a specialist in this field is vital to help draw the required documents. Some specific needs covered by elder law include:
- Power of attorney, along with many legal documents
- Medical aid planning and care
- Planning and payments for the long-term care
- Veteran benefits
- Disability planning
- Estate planning
Local law is often specific for each state and differs from one state to another.
How can an elder law attorney help older adults, seniors, and their family caregivers?
Plan for the future and protection of assets
A professional elder law attorney is an experienced person to advise on planning for future care requirements. They are the right person to answer questions regarding eligibility for Medicaid so that it also pays for nursing homes, how to protect assets and still be able to afford senior care, etc. There are numerous complicated questions, and the answers vary from person to person. A reputable law specialist helps to protect the senior’s financial situation while at the same time making sure that they get the love they deserve. Every penny paid as fees to them is well worth it because it saves the family from future legal complications and spending thousands.
Ensure that the family’s legal documents are up to the mark.
Hence it is essential to have all legal documents prepared accordingly.
How to hire the right elder attorney?
At the time of elder law planning, here are a few tips for hiring a reasonable elder law attorney:
An initial consultation
An in-person meeting between a lawyer and client helps both parties understand the other’s approach and way of working. It is also good to meet more than one lawyer and compare their responses. Many lawyers also offer a 15-30 minute meeting at a minimal charge.
Research their experience in similar cases
With years of practice comes experience. The number of cases they have dealt with, similar to those of your older adult, makes it easier for you to decide.
Evaluate their quality of service
It is crucial to work with someone responsive as well as professional. When evaluating the customer service of a lawyer, the following questions must get answered:
- Are they professional and polite?
- Do they respond to emails and calls timely?
- Do they take time to make sure their clients understand what they are explaining?
- Do they follow up with what they have committed to doing?
- Take lots of notes
- Taking plenty of notes at each meeting and consultation is beneficial when comparing and making the final decision.
The elder law attorney ensures that all necessary documents, including the Power of Attorney and living, are correctly completed.
Check the credentials
The last step before hiring any lawyer is to check the State Bar Association website for the particular state. It is essential to ensure that this lawyer holds an active license to practice law in the said state.
The bar numbers or names will also tell if they have been publicly disciplined.
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While the replacement for NAFTA may have many great aspects, it also erases the one key law that would protect conservative voices from being censored online.
Big tech censorship is one of the greatest threats to conservatives’ electoral and cultural success. Conservative leaders from Ted Cruz to Brad Parscale have suggested prosecuting big tech for censoring conservatives based upon section 230 of the Communications Decency Act. While the NAFTA replacement USMCA (United States-Mexico-Canada Agreement) has many good features, Michigan State University law professor Adam Candeub warns in a RealClearPolitics piece that it will also strip the key protections that conservatives depend on.
Candeub is also the director of the Intellectual Property, Information & Communications Law Program at MSU’s College of Law. He also served an attorney adviser at the Media and Common Carrier Bureaus of the Federal Communications Commission. In his opinion piece for RealClearPolitics he warned,
….unless it’s revised, the agreement will thwart the president’s explicit promises to address social media censorship. Article 19.17 of the USMCA stealthily removes seven words from Section 230 of the Communications Decency Act’s “Good Samaritan” provision, which would give Big Tech the statutory right to censor whatever content it finds “objectionable.”
Section 230 of the 1996 Communications Decency Act designates social media platforms strictly as “platforms” rather than “publishers.” This is an important legal distinction because it makes companies immune to legal prosecution for illegal activity which occurs on their websites. The purpose of this was to ensure that they serve as an online arena for public debate. If they don’t behave as platforms for open debate, then they risk being stripped of this immunity.
This ability of this legislation to protect conservative speech will be gutted if USMCA passes, because it will allow websites free reign to decide what is or isn’t “objectionable.” Candeub cites previous incidents where social media platforms have completely failed to be politically neutral platforms,
[to] remove the context for “objectionable” would likely lead courts to interpret it to mean whatever the platforms object to — which has thus far included the word “illegal alien,” pro-life advertisements, videos defending “Israel’s Legal Founding,” and President Trump’s own immigration advertisements.
He later clarified that while 230 has not prevented online platforms from censoring, there is still legal room for Republicans like Ted Cruz to take action on this issue and enforce the legislation’s rules. The problem is that this USMCA legislation would empower tech companies to decide what it or isn’t objectionable, removing that last viable defense that Republicans have online as the 2020 election approaches.
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In Price v Powys County Council, the Employment Appeal Tribunal held that an employment tribunal was entitled to reject a male employee's sex discrimination claim against an employer that enhances adoption pay but not shared parental pay.
By failing to recognise how the lived experiences of people with common characteristics can differ, organisations will undermine well-intentioned efforts to improve inclusion. Bianca Moodie and Stuart Affleck outline what intersectionality means and how it can be incorporated into an organisation's D&I strategy.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.
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by Sheila Berry, Executive Director
Truth in Justice
In the span of two weeks, NBC, Investigation Discovery and CBS have given us heavily publicized "reinvestigations" of the murder of 6-year-old JonBenet Ramsey in Boulder, CO on December 26, 1996. Of these, the first two were pedestrian rehashes, but the CBS 2-part special can only be accurately described in three words: What a crock.
Lets review the "experts" involved in this article: The team consisted of a man accused by a judge of hiding and/or destroying evidence, a former FBI profiler, a chief investigator, a forensic pathologist, a former linguistic profiler, a criminal behavior analyst, and a former statement analyst. Aside from the investigator and pathologist, none of the disciplines these people represent are based in any hard science. We are in the day and age where fingerprints, firearms, shoeprints and DNA are all being challenged as being unreliable.
Funny, it wasn't too long ago that in the Phil Spector murder trial, Henry Lee was identified as part of a serious problem. http://www.cnn.com/2007/US/law/12/11/court.archive.spector4/index.html?iref=nextin The judge in that case concluded that Lee hid or destroyed evidence from the scene of an actress's death, evidence that the prosecution contends was potentially damaging to the music producer's case
Ghost Hunters shows greater objectivity trying to understand EVPs than these “experts” did in reviewing the 911 call. “Might be” becomes “definitely is” and then it “changes everything.” Their “analysis” of the ransom note is nothing more than hocus pocus in a lab coat.
They know that handwriting comparison cannot be done when the questioned writing is made with felt tip pen, because it is impossible to discern the pressure used and hesitation marks that are key to identifying authors. No matter. They forge ahead and declare a woman wrote it. I’ve seen their work before, finding innocent people guilty because their handwritten statements don’t fit the experts’ preconceived notions.
So brand new underpants could contain DNA from someone on the assembly line when they were made. Was JonBenet wearing new underpants? Who knows? Who cares? Score another one for the experts.
How about the male DNA under her fingernails? Doesn’t fit the theory so they have to leave it out. Same with the black duct tape over her mouth, never found in the Ramsey house, although evidence suggested "it came from a roll of tape that had been used before." Nothing in the Ramsey home matched dark animal hairs found on the duct tape and JonBenét's hands. Just leave that out, too. Leave out the pubic hair found on the blanket in which she was wrapped, unless the claim is that her 9-year-old brother was sexually precocious and fully developed. A baseball bat found outside the house with fibers consistent with fibers found on the carpet in the basement where JonBenét's body was found did not belong to the Ramseys. Brown cotton fibers found on JonBenét's body, the paintbrush used as a garrote, the duct tape and the ligature around her neck did not match anything in the Ramsey home. Forget all of that. It's all very interesting, but they have a suspect, and it just doesn't fit.
There was a lawsuit 16 years ago, filed by Robert Christian Wolf against John and Patsy Ramsey. Wolf was a Boulder, CO journalist who was questioned by police as a possible suspect in the case. He sued the Ramseys, claiming they defamed him by naming him as a suspect in their book, "The Death of Innocence: The Untold Story of JonBenet's Murder and How Exploitation Compromised the Pursuit of Truth." (Nothing has changed in that department.) U.S. District Judge Julie E. Carnes granted summary judgment in favor of the Ramseys and against Wolf, and in her 93-page dismissal order, reviewed all of the evidence pertaining to JonBenet's murder. A 2003 report from the Fulton County Reporter is at http://truthinjustice.org/ramsey.htm. and Judge Carnes' dismissal order can be downloaded via Pacer.
Salacious speculation and innuendo, the contemporary version of spectral evidence, are all it takes to point the finger at a 9-year-old kid. I used to wonder what the term “media whore” meant. Now I know.
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FEDERAL RESERVE POWER
by Joyce Cox
Let’s start with a quote from U. S. Congress Representative Louis T. McFadden, Chairman of the Committee on Banking and Currency for 12 years, quoted from the Congressional Record:
“The Federal Reserve Board has cheated the Government of the United States and the people of the United States out of enough money to pay the national debt, Our people’s money, to the extend of $1,200,000,000 has within the last few months been shipped abroad to redeem Federal Reserve Notes and to pay other gambling debts of the traitorous Federal Reserve Board and the Federal Reserve Banks … ”
SUMMARY OF FACTS
1a. The Federal Reserve (FED) is a PRIVATELY OWNED, organization. Unbelievable? Check the ENCYCLOPAEDIA BRITANNICA.
b. Below is the list of the owners of the 12 Central Banks:
– Rothschild Bank of London
– Rothschild Bank of Berlin
– Lazard Brothers of Paris
– Israel Moses Seif Banks of Italy
– Warburg Bank of Amsterdam
– Warburg Bank of Hamburg
– Lehman Brothers of New York
– Kuhn Loeb Bank of New York
– Goldman, Sachs of New York
– Chase Manhattan Bank of New York
In all, there are about 300 VERY POWERFUL, partly foreign individuals that owns the FED.
2. Although the FED is required to give back most of its PROFITS back to the Treasury Dept., there is NO ORGANIZATION that has the power to AUDIT the FED (not even the Congress or the IRS). This creates a HUGE opportunity for creative accounting to hide the profit that ROBS the US Tax Payers Hundreds of Billions of Dollars annually.
3. Every year, a few Congressmen introduce a legislation to AUDIT the FED; and every year, the legislation is defeated. The FED has the most powerful, invisible lobbying power there is.
4. The owners of the FED own the controlling interests in ALL major media in the US. Rockefeller, through Chase Manhattan bank, controls CBS and ABC and 28 other broadcasting firms. Each of the other owners of the FED also have controlling interest in the US media. This explain why the media have been silent about the FED scam. The FED fraud is the biggest and longest cover-up in the US today.
5. According to Article 1, Section 8 of the Constitution, the US Congress has the power to print money (The Congress shall have the power to coin money, regulate the value thereof, and of foreign coin, … According to the Supreme Court, the Congress can not transfer its power to other organization like the FED.
After several attempts to push the Federal Reserve Banking Act through Congress, a group of bankers funded and staffed Woodrow Wilson’s campaign for President. In 1913, Nelson Aldrich, maternal grandfather to the Rockefellers, pushed the Federal Reserve Act through Congress just before Christmas, when most Congressmen were on vacation. Naturally, President Wilson passed the Act when he was elected as a pay back to the bankers.
HOW THE OWNERS OF THE FED PROFIT AT OUR EXPENSE
The US goverment runs a deficit annually. To cover this, the US goverment issues bonds which are bought by the FED.
Since the FED has the POWER TO PRINT MONEY, it can buy any amount of the US Government bonds at almost NO COST, save for the expense of printing money (approximately 3 cents per $100).
At this point, the owners of the FED already profit $99.97 for every 3 cents they invested to print the money. Basically, they exchange something that costs almost nothing to them with the US Government Bonds.
Since the FED can NOT be AUDITTED by the IRS (or even by Congress), most of this profit can go anywhere the FED owners want to. BTW, did I mention that the profit is TAX-FREE?
After buying the bonds, the owner of the FED can either:
1. Keep the bonds, and collect the interest the US Government now OWES them.
2. Sell the bonds to the US Tax Payers or foreigners.
In either case, the FED owners have profitted $99.97 for every 3 cents it invested to print the money. Remember, the FED is a PRIVATELY OWNED corporation, just like the Federal Express. The profit of the FED goes to the FED owners.
The US Government now owes the FED owners the interest on those bonds. Remember that the FED owners DO NOT EARN the bonds. They simply PRINT the money to buy the bonds. In other words, they created money out of thin air, and exchange it for the interest bearing bonds.
In order to pay for the bonds’ interest, the US Government taxes the US population.
When a US Citizen holding US Government bonds receives his/her return of investment on the bonds, essentially the money he/she receives is the tax money he/she is paying to the Government.
When the OWNERS of the FED receive the interest on the BONDS they’re holding, they are receiving that money for FREE (save the initial 3 cents per $100 investment to print the money)! Not only that, the FED owners receive the money TAX FREE.
Under the LAW, the FED is REQUIRED to RETURN its PROFIT back to the US Treasury. However, NEITHER the Congress NOR the IRS have the POWER to AUDIT the FED. The FED has used this obvious loophole to profit via creative accounting.
Consider this: every year, the FED profits by hundreds of billions of dollars by buying US Government Bonds. Yet it only returns approximately $20 billion to the US Treasury. The rest of the profit has been spent as Operational Expense.
The FED expects us to believe that the FED operational expenses amounts to $100s billion dollars annually!!!
The truth is, those profits were spent as “DIVIDENDS TO SHAREHOLDERS”!!!! Year after year, the FED owners bleed the US Tax Payer dry by hundreds of billions of dollars. Keep this going, and the US will go bankrupt in a few more years. Small wonder why the National Debt is increasing at its current rate.
WHY THE FED SHOULD BE ABOLISHED
1. The US Congress has the option to buy back the FED at $450 millions (per Congressional Records). When the Congress does this, it will own back the billions of US Government Bonds held by the FED. The US Government will actually PROFIT by buying back the FED! Also, the US government no longer has to pay interests to the FED owners on those bonds.
2. Through their ownerships in the FED, FOREIGN POWERS CAN and WILL influence the US economy. By controlling our interest rates and money supply, they can actually create economic disaster in the US , should the US disagree with them.
3. Although the FED directors must be confirmed by the Senate, the awesome lobbying power of the FED owners makes this process meaningless. The owners of the FED can and will put whoever they wish in the position.
4. Abolishing the FED will lead to lower inflation. At this moment, the FED prints as much money as needed to buy the US Government Bonds. Since the FED prints this MONEY out of THIN AIR, this leads to an INCREASE of MONEY SUPPLY, WITHOUT increase in GOODS/SERVICES. This, as all of us know it, leads to INFLATION.
If the general public buy those bonds with money that they EARNED by providing GOODS/SERVICES, the money supply level is contant in relation to the goods/services level. Thus, there is no inflationary pressure from selling these bonds. 5. Abolishing the FED will reduce the national debt level. By buying back the FED at $450 millions, the US Government will buy back the billions of dollars of bonds held by the FED. Thus, the net effect is a reduction in national debt. After buying back the FED, the US Government does not have to pay interest on those bonds it buys back, further reducing the national debt.
6. Abolishing the FED will lead to eventual balance budget. Today, even if the US Economy only grows by a meager 2% per year, the US Government should be able to put 2% of US-GDP dollars into circulation WITHOUT INFLATION.
Consider, if the goods/services grow by 2% and the money supply grows by 2%, the ratio of goods/services vs. money supply remains constant. Thus, no inflation is created.
The government can use this extra money supply to fund its project without raising taxes.
As long as the government does not print money more than the goods and services available in the US , there will be no inflationary pressures.
This had in fact been done with Executive Order 11110 of President Kennedy. Kennedy ordered the Treasury Dept. to print a US GOVERNMENT NOTES (vs. FEDERAL RESERVE NOTES). In effect, Kennedy bypassed the FED by making the Treasury Department printed REAL US MONEY, instead of selling bonds to the FED for almost free.
The sad fact is, the US Government does not do this anymore. Instead, the US Government sell bonds to the FED, which buys those bonds using money they don’t earn. Thus, the US Government must now pay interest on those money that it “borrows” from the FED.
7. By point (6) above, the US Government can actually reduce taxes on everybody since it has more interest free money to spent in the amount equal to the growth of the US GDP. KEEP IN MIND, THIS MONEY WILL NOT CA– USE INFLATION, since the money is printed along with the growth of the goods and services.
What you can do to save the United States of AmericaThe FED should either be AUDITTED every year, or be abolished. I have done my part providing this information. It is up to you to decide the future of the US economy. Please do the followings:
1. DO YOUR OWN RESEARCH!!!!
If everything that I wrote here sounds too far fetched to be true, I challenge everyone of you to do your own research, and see for yourself.
– Encyclopaedia Britannica
– Congressional Record
– The Federal Reserve Bank by H.S. Kenan
– Repeal the Federal Reserve Bank by Rev. Casimir Frank Gierut
– The Secrets of the Federal Reserve by Mullins
When you are sure about the facts,
2. Call your Congressman and tell him to support the legislation to AUDIT the FED.
3. Call your representatives and ask them to support legislation introduced by Congressman Henry Gonzales to repeal the Federal Reserve Act of 1913.
4. Push for your home state to introduce and pass a legislation to end the FED scam. The following states have already done so:
Arizona , Washington , Arkansas , Idaho , Oregon , Indiana , and Texas .
Even if you live in these states, contact your representatives and tell them to support the legislation. THEY WILL LISTEN if you care to TELL THEM!!!
5. Ask your STATE and COUNTY government to abolish the FED. Since the FED is CONSTITUTIONALLY ILLEGAL, it MUST be abolished. Ask your state/county governments for the proper paperwork. If the US Congress refuses to abolish the FED, your STATE/COUNTY governments can do it.
6. Collect signature on petitions calling for the end of the FED.
7. Tell friends and family about this fraud, and ask them for supports. Secrecy is the FED’s main strength. Since the media has been quiet, no one even notice this FRAUD that goes on for decades.
Now it is up to the tax payer to be informed. Inform everyone you know about this, and be organized!!! 8. Contact America Betrayed, Center for Action, 652 N. Glenview, Nesa , AZ 85213
9. Contact National Committee to Repeal the Federal Reserve Act, P.O. Box 1205, Middleburg, IL60599
10. This article may be reproduced and distributed freely WITHOUT changes.
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After careful consideration, the Court finds Idaho’s Marriage Laws unconstitutional. This conclusion reaffirms a longstanding maxim underlying our system of government—a state’s broad authority to regulate matters of state concern does not include the power to violate an individual’s protected constitutional rights. Idaho’s Marriage Laws deny its gay and lesbian citizens the fundamental right to marry and relegate their families to a stigmatized, second-class status without sufficient reason for doing so. These laws do not withstand any applicable level of constitutional scrutiny.
Latta v. Otter, slip op. at 3.
This conclusion should sound familiar to regular Towleroad readers. The key takeaway points: The right to marry is fundamental, in line with many Supreme Court cases; bans on gays marrying stigmatize gays and gay relationships as less than equal and relegate us to second-class status (remember Justice Ginsburg's "skim milk marriages" comment?); and, the exact level of scrutiny demanded by antigay discrimination is irrelevant because the ban is so irrational that it fails even under the lowest form of review.
A decision like this has become the new normal, especially in the post-Windsor world.
CONTINUED, AFTER THE JUMP...
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All over the world, intellectual properties are priceless assets of individuals, businesses and groups even though they are largely non-tangible.
On 8 February, 2008 the Supreme Court of Nigeria highlighted intellectual properties using the case of DUWIN PHARMACEUTICAL AND CHEMICAL CO. LTD V. BENEKS PHARMACEUTICAL & 2 ORS. According to the court, intellectual properties comprise a broad class of property, similar to real estate (land), and chattels (movable physical goods). From this definition, intellectual properties are classified into four categories—with four different kinds of rights:
- Trademark, and
- Trade Secrets.
As a type of property, intellectual property (IP) has that unique characteristic of being ethereal; of the mind, intangible, with no corporeal existence; hence, “intellectual property”. With a tangible object, property rights extinguish when the object is destroyed. With IP, since there is nothing physical, property only lasts for as long as the law says.
To ensure uniformity of law across international boundaries, intellectual property is governed by legislations enforced through federal constitutions and international treaties. However, due to the priceless and valuable nature of these classes of intellectual properties, certain provisions of the federal/international laws require collaboration with local, state or provincial law enforcement agencies. Meziesblog therefore provides a guide on what steps you can take to protect your intellectual property rights from infringement, abuse, and theft.
PATENTS AND DESIGNS: This is defined as an exclusive privilege granted to an inventor to make, use or sell an invention for a set number of years. See; SUNDAY UZOKWE V. DANSY INDUSTRIES NIG. LTD SUPREME COURT OF NIGERIA Friday, 18th January, 2002 SC. 134 1999.
In other words, patent covers inventions and innovations created by a person or group of persons. This class of intellectual property is created by virtue of the Patent and Design Act and can be protected by registering it with Patent Registry, Commercial Law Department of Federal Ministry of Industry.
COPYRIGHT: This is defined as the exclusive right to produce or reproduce (copy), to perform in public or to publish an original literary or artistic work, pursuant to a statute usually called the “Copyright Act”, or some similar name. See: OMNIA NIGERIA LIMITED V. DYKTRADE LIMITED SUPREME COURT OF NIGERIA Friday 13th July, 2007 SC. 176/2003.
In Nigeria, this class of intellectual property is created by the Copyright Act. It is protected by the same law, and such rights are acquired by registering same with the Nigerian Copyright Commission.
TRADEMARK: This has been defined as generally distinctive symbols, pictures, or words that sellers affix to distinguish and identify the origin of their products. Trademark status may also be granted to distinctive and unique packaging, color combinations, building designs, product styles, and overall presentations. It is also possible to receive trademark status for identification that is not on its face distinct or unique but which has developed a secondary meaning over time that identifies it with the product or seller.
The owner of a trademark has exclusive right to use it on the product it was intended to identify and often on related products. Service-marks receive the same legal protection as trademarks but are meant to distinguish services rather than products. See: MAERSK LINE V. ADDIDE INVESTMENT LIMITED SUPREME COURT OF NIGERIA Friday 26th April, 2002 SC. 248/2000.
In Nigeria, this class of intellectual property is created by the Trademark Act. It is protected by registering same with the Trademark Registry of the Commercial Law Department of the Federal Ministry of Industry.
TRADE SECRETS: This has been defined as a type of intellectual property that comprise of formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret. In some jurisdictions, such secrets are referred to as confidential.
In Nigeria this type of intellectual property is protected under the laws of tort and contract. Most times, agreements are drafted and executed by the relevant persons to ensure that trade secrets are protected. This type of agreement may include non-disclosure agreement.
It is advisable that you take adequate steps—at the right time—to protect your intellectual properties.
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On Tuesday, Chicago Mayor Rahn Emanuel and Police Superintendent Gerry McCarthy held a press conference to announce the impending release of a dashcam video per judge’s orders. The chilling footage showed an officer shooting a black teenage boy, and the video comes hours after a white officer, Jason Van Dyke, was charged with first-degree murder in the incident. The graphic clip has arrived at news outlets. CNN’s Wolf Blitzer reports how 17-year-old Laquan McDonald was killed during a “jaywalking” incident.
The New York Daily News has more details about the full video. Several officers stood on the scene, but Van Dyke was the only officer to discharge his weapon. McDonald held a knife but was not facing officers when Van Dyke began to fire. He shot McDonald 16 times and fired for a total of 15 seconds (for 13 of those seconds, McDonald was already on the ground). The charging documents provide more details:
“None of the officers observed McDonald attempt to throw his knife at defendant (Van Dyke), jump or lunge toward Van Dyke, raise his knife as if to stab defendant, or did anything that was obviously threatening toward defendant beyond what was depicted in the video and not responding to commands while carrying a knife,” the charging documents state.
According to investigators, McDonald was shot 16 times, suffering wounds to his scalp, neck, left chest, right chest, left elbow, left forearm, right upper arm, right hand, right upper leg, left upper back and right lower back. Investigators state that only two of the wounds can be linked to the time McDonald was standing. “Defendant was on the scene for less than 30 seconds before he started shooting, in addition to the fact that he starts shooting approximately six seconds after having gotten out of his car,” the documents state.
CNN further reports how Mayor Emanuel requests calmness and for Chicago “to come together” as “potential unrest” lurks on the horizon. Emanuel said, “I believe this is a moment that can build bridges of understanding rather than become a barrier of misunderstanding.” He adds that “people will be upset and will want to protest” after viewing the footage, but he hopes Chicago will “rise to this moment.” Garry McCarthy added that citizens “have a right to be angry, but they do not have a right to commit criminal acts.”
UPDATE – 8:15 EST: ABC News confirms that protesters have begun marching in Chicago. This video clip of the protests surfaced on Twitter.
Police have also released Van Dyke’s mug shot.
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After the $500 million settlement with Dish Network Corp. (NasdaqGS:DISH - News) and EchoStar Corp. (NasdaqGS:SATS - News), Tivo Inc. (NasdaqGS:TIVO - News) is on the take over radar of multiple companies such as Google Inc. (NasdaqGS:GOOG - News), Microsoft Corp. (NasdaqGS:MSFT - News) and Rovi Corp. (NasdaqGS:ROVI - News), as reported by Bloomberg.
Bloomberg has estimated that Tivo could be sold at a price of $20 per share, indicating a market cap of $2.41 billion.
In its last quarter, Tivo had settled a seven-year-long patent dispute with Dish and EchoStar over TiVo’s time warp technology. Now, according to the terms of the settlement, TiVo will allow DISH Network and EchoStar to use its time warp patent, in return for a $500.0 million payment that Tivo will receive from the two. This amount includes an initial payment of $300.0 million, while the remaining $200.0 million is to be distributed in six equal annual installments between 2012 and 2017.
EchoStar also granted a license to TiVo under DVR-related patents for TiVo-branded, co-branded and ingredient-branded products. Additionally, TiVo will help DISH Network promote the Blockbuster digital video service going forward.
TiVo agreed to dismiss all pending litigations and dissolve all injunctions against DISH Network and EchoStar.
Incidentally, one of its possible suitors, Microsoft, is fighting a lawsuit against Tivo, and the latter recently won a couple of stay orders against Microsoft. Apparently, Microsoft would rather take over the company than lose the legal dispute and shell out a hefty price for it.
Google, on the other hand, is trying to get traction in the household with its Google TV, which lets users search online video and other content on their TV screens. Therefore, TiVo’s television search capability would be an added advantage for Google.
Additionally, Tivo is likely to turn to profits as the settlement of patent lawsuits would decrease its legal expenses considerably and provide a recurring revenue stream over the long term.
We believe that the latest settlement has enhanced TiVo’s reputation, justifying the aggression with which it has been defending its intellectual property.
However, the company continues to fight patent litigation issues against Microsoft, AT&T Inc. (NYSE:T - News) and Verizon Communications Inc. (NYSE:VZ - News). Going forward, any negative outcome from these lawsuits will have a negative impact on the shares. If Tivo can successfully defend its patents, it would bolster the company in our view.
TiVo remains committed to developing new technologies and is spending handsomely on research and development (R&D), which is expected to increase by $25.0 million to $30.0 million for fiscal year 2012 ($81.6 million in 2011).
The increased expenses will no doubt impact earnings, unless there is a corresponding pickup in sales. We therefore prefer to take a wait-and-watch approach for the coming quarters.
We have a Neutral recommendation on TiVo over the long term (6-12 months). Currently, TiVo has a Zacks #2 Rank, which implies a Buy rating in the short-term (1-3 months).
More From Zacks.com
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1040 Nr Ez Tax Form 2018 – The IRS Form 1040 form will be the standard one that a lot of individuals use to submit their tax returns to the government. This form describes your income and your tax return status, and it’s utilized by the IRS to gather your tax info. This information is then used to figure out just how much tax you owe or to regulate your tax return in the event you find that you overpaid.
Why is it important for you to comprehend the IRS Form 1040 form? First of all, this is the most generally used type of tax return. Second, it is also the one that is used to determine your eligibility for certain types of help, such as training tax credit. Finally, it may be used as proof of one’s earnings, especially if you’re planning to file for personal bankruptcy.
Since you know what a 1040 form is, what’s a 1040 form for you? It is a doc that you simply fill out in order to report all your income towards the IRS. This is where the term “income” comes from: earnings is noted around the 1040 form on a scale ranging from zero bucks to nine hundred thousand dollars. This form isn’t like an income assertion, where you are permitted to create anything that involves mind. It’s entirely authorized, and will be reviewed from the IRS.
In the event you don’t spend any income taxes, the IRS has no right to inquire for it back. However, in the event you have filed an itemized tax return and paid out all of the appropriate taxes, it can be claimed. To complete so, you will need to use your 1040 form. The key to submitting correctly is precision. In the event you skip any from the necessary deductions, it could negatively impact your total tax liability. Make certain to include any company costs inside your personal expenses, and every other company assets that are part of one’s business. Also, include any money you receive from rental home such as furniture, or lease that you simply spend to your landlord.
In order to help reduce your tax legal responsibility, you are able to declare any non-refundable child treatment tax credit that you simply qualify for, or any individual exemptions that you simply may qualify for. You are able to also claim tax relief in case your dependents won’t be claimed around the beginning certification. Actually, your tax relief may be based on the amount of tax you paid out to a certified educational institution, or the amount you spend to your landlord. Also, you are able to declare a pupil mortgage interest in the event you have made school tuition payments. and if you spend your home loan interest.
If you need any assist filling out the IRS forms, you will find professionals accessible who will help with filing. These experts have years of experience and will save you time, money, and frustration. Whenever you do require some help, you can contact the local IRS workplaces to see if you will find any available services in your town, or ask online for a totally free, no obligation consultation.
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Although it is considered wrong to leave a small child alone, almost every parent has done it for at least a few minutes at one time or another. You may leave a child in a car while you run into the grocery store to pick up an item or two or you may run across the street to the gas station for some cold medicine for your kid when they are sick. If it really is only a few minutes, you know they will be okay. However, leaving a child alone in a car is illegal if you are gone for too long.
Everyone knows you should not leave a very small child or pet in a car in the summer with the windows rolled up. Not everyone knows that in Florida it is illegal to leave a child in a running car for even one minute. Although many people believe it is okay to leave a child or animal in a running car if the heat or air conditioning is on, it is illegal in Florida.
You are legally allowed to leave a pet or child in a car for 15 minutes or less. There may be exceptions to this rule if the child is sick or disabled. You should always leave the window open a crack. It does not matter if the car is parked in the driveway of your home or if you are on public or private property.
What is the penalty for leaving a child in a car?
The penalty for leaving a child in a car can go up to $500. If it is the first offense and the child is unharmed, it will be considered a second-degree misdemeanor. A second-degree misdemeanor is punishable by 60 days in jail in the state of Florida.
If the child is injured in any way, or if it is a repeat offense, it will be considered a third-degree felony which can come with a prison sentence of up to five years.
If you are accused of leaving a child in a car, you may have some major legal bills. You will need a criminal defense lawyer in Orlando to defend you if you have been accused of leaving a child in a car. If a person neglects their children consistently, they may lose custody of them temporarily or even permanently. In addition to the criminal lawyer you will need due to the neglect charges, you may need a family lawyer to get custody of your children.
Good Samaritan Laws
When a person is trapped in a car that is too hot, they may get heatstroke. They may become nauseous and even pass out. There are good samaritan laws in the state of Florida that allow passers-by to break the window of a car, or otherwise, break into a car to rescue a child or an animal. They must believe that someone in the car is in distress, the car is locked, and there is no other way to get in.
A citizen must call 911 and let them know that they have broken into the car. They must stay with the child or animal in the car until the police arrive and are not allowed to use any more force than necessary to break into the car.
When a child is found unattended in a car, they will be taken into the custody of the Department of Children and Families and not released until the parents can be located. In some cases, the parent may not be given immediate custody of the child.
What to Look for in a Lawyer
Although you should never leave your children in a car alone, it happens sometimes. You may honestly think you will only be gone for a few minutes and then become unavoidably detained. You may have entrusted your child’s care to a friend or family member only to have them abandon the child and blame you.
A criminal defense attorney will present your side of the story to the court. They will know the details of the laws in your case and will know if there are exceptions to the law regarding your case. They will have experience arguing in front of a jury and will have up-to-date information on any recent cases that are similar to yours.
You should look for an attorney who has many years of experience in child neglect cases. They should have a good reputation with the state bar and be able to provide references.
Charges of child neglect are devastating. If you have been accused of leaving a child in your car, an attorney can help you retain your freedom so you can take good care of your kids and watch them grow up to be healthy adults.
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The bill creates a "qualified" shield, meaning that courts still can require disclosure of a source in certain circumstances. A court could compel disclosure in either a criminal or a civil case if it were shown by clear and convincing evidence that:
- The information or the identity of the source of the information is critical or necessary to the investigation or prosecution of a crime or to a criminal defense, or to the maintenance of a party's claim, defense or proof of a material issue.
- The information or the identity of the source of the information cannot be obtained from any alternative source.
- There is an overriding public interest in the disclosure.
- Any newspaper, magazine or other periodical, book publisher, news agency, wire service, radio or television station or network, cable or satellite or other transmission system or carrier, or channel or programming service for such station, network, system or carrier, or audio or audiovisual production company that disseminates information to the public, whether by print, broadcast, photographic, mechanical, electronic or any other means or medium.
- Any person who is or has been an employee, agent or independent contractor of any such entity and is or has been engaged in gathering, preparing or disseminating information to the public for such entity, or any other person supervising or assisting such person with gathering, preparing or disseminating information.
- Any parent, subsidiary, division or affiliate of any such persons or entities.
Full information about the bill and its legislative history is available here.
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|European Case Law Identifier:||ECLI:EP:BA:2004:T107001.20040830|
|Date of decision:||30 August 2004|
|Case number:||T 1070/01|
|IPC class:||C08F 10/00|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Method for operating reactor for polymerizing olefins|
|Applicant name:||NIPPON PETROCHEMICALS CO., LTD.|
|Opponent name:||BP Chemicals Ltd|
|Relevant legal provisions:||
|Keywords:||Inventive step - yes (main request)|
Summary of Facts and Submissions
I. The mention of the grant of European patent No. 0 604 993, with 5 claims, in respect of European patent application no. 93 121 042.1, filed on 28 December 1993 and claiming JP priorities of 29 December 1992 (JP 360307/92) and 30 December 1992 (JP 360001/92 and JP 360004/92), was published on 5. August 1998 (Bulletin 1998/32). Granted Claim 1 read as follows:
"A method for operating a fluidized bed reaction system for polymerizing olefins which comprises the steps of
feeding a catalyst comprising titanium and magnesium; or vanadium and magnesium; or titanium, vanadium, and magnesium, an organoaluminum compound, and olefins having 2 to 8 carbon atoms into said reaction system;
polymerizing or copolymerizing said olefins regularly under vapor phase conditions at a temperature in the range of 10 to 200°C and under a pressure in the range of atmospheric pressure to 7. MPa (70 kg/cm2.G);
stopping the reaction of said polymerization or copolymerization by discontinuing the addition of catalyst and the feed of olefins with or without feeding a deactivator;
purging the reaction system with an inert gas; restarting the polymerization or copolymerization of olefins by:
(i) feeding an organoaluminum compound into the reaction system without discharging the previously formed polymer particles from the reaction system, wherein when no deactivator is used, the quantity of the organoaluminum compound to be fed is such an amount corresponding to 0.2 to 10 aluminum atoms in said organoaluminum compound relative to 1. aluminum atom in the organoaluminum compound remaining in the reaction system before stopping the polymerization or copolymerization, and when a gaseous deactivator is used, the quantity of the organoaluminum compound to be fed is such an amount corresponding to 1 or more aluminum atoms remaining in the reaction system at the stopping of the polymerization or copolymerization,
(ii) then feeding olefins and hydrogen as a molecular weight modifier with the circulation of nitrogen, thereby gradually raising the pressure of the reaction system, and
(iii) then supplying the catalyst into the reaction system.
Claims 2 to 5 were dependent claims directed to elaborations of the method according to Claim 1.
II. A notice of opposition was filed on 5 May 1999 by BP Chemicals Limited, requesting revocation of the patent in its entirety on the grounds of Article 100(a) EPC, ie lack of novelty and lack of inventive step, and on the grounds of Article 100(b) EPC, ie insufficiency of disclosure, the latter being withdrawn during the opposition proceedings. The opposition was - inter alia - supported by the following documents:
D1: US-A-4 326 048; and
D3: EP-A-0 180 420.
III. By a decision which was announced orally on 27 June 2001 and issued in writing on 17 July 2001, the opposition division revoked the European patent for the following reasons:
(a) The proprietor's main request (rejection of the opposition and maintenance of the patent as granted) was refused because the subject-matter of Claim 1, although novel, was not inventive over a combination of documents D1 and D3.
(b) The claims of the proprietor's auxiliary request corresponded to those of the main request, except that the introductory part of step (i) of Claim 1 had been amended to "(i) feeding an organoaluminum compound into the reaction system without discharging from the reaction system the previously formed polymer particles, which are held intact in the reactor under airtight conditions".
According to the decision, the amendment that the reactor be held under airtight conditions did not add an inventive teaching to the claimed subject- matter.
IV. On 24 September 2001, the proprietor (hereinafter referred to as the appellant) filed a notice of appeal against the above decision, the prescribed fee being paid on the same day.
In the statement of grounds of appeal, filed on 22. November 2001, the appellant argued in essence as follows:
The patent in suit related to a new technical concept of solving the problems occurring during the restart of a gas phase polymerization in a fluidized bed reactor after the polymerization had been interrupted, whereby the previously formed polymer was retained in the reactor. In fact, the unstable polymerization which occurred in a restart operation could be avoided by first adjusting the Al/Ti ratio in the catalytic system, and then introducing the olefin(s) to restart the polymerization. The skilled person in the relevant field could not derive this technical concept from either of D1 or D3 or from a combination of both documents. Furthermore, D3 related to the (new) start of an olefin polymerization, whereas the patent in suit and D1 were directed to the restart after an interruption of the polymerization. Thus, the opposition division had combined two pieces of prior art which related to different polymerization systems and which, therefore, could not properly be combined.
V. With registered letter of 30 November 2001, a copy of the statement setting out the grounds of appeal was sent to the opponent (hereinafter referred to as the respondent) and a time limit of four months was set to file any submissions in answer to the appellant's statement. However, no submissions have been filed by the respondent, a fact confirmed by the respondent in a telephone conversation on 3 August 2004.
VI. The appellant requested that the decision under appeal be set aside and that
- the patent be maintained as granted (main request), or, in the alternative,
- the patent be maintained on the basis of the auxiliary request filed on 27 December 1999 during the opposition procedure, and
- oral proceedings be held in case none of the previous requests could be granted.
No request has been filed by the respondent.
Reasons for the Decision
1. The appeal complies with Articles 106 to 108 EPC and Rule 64 EPC and is therefore admissible.
2. A decision is possible at this stage since both parties, and in particular the respondent (see point V, above), have had an opportunity to comment on the grounds and evidence on which this decision is based (Article 113(1) EPC).
3. Main request
3.1. The main request relates to Claims 1 to 5 as granted which have never been objected to under Article 100(c) EPC.
Despite the fact that the opponent withdrew the objection based on Article 100(b) EPC (section II, above), the decision under appeal held that the patent as granted met the requirements of Article 83 EPC. Furthermore, the decision under appeal acknowledged novelty of the subject-matter of the granted claims. The board sees no reason to depart from these findings.
Hence, it remains to be decided whether the subject- matter of Claims 1 to 5 involves an inventive step in the sense of Article 56 EPC.
3.2. The closest state of the art; the technical problem
3.2.1. The patent in suit is in the field of gas phase polymerization of olefins in the presence of a Ziegler-Natta- catalyst in a fluidized bed reactor. In particular, it is concerned with a method of restarting the gas phase polymerization after the polymerization has been interrupted whereby the previously formed polymer particles are retained in the fluidized bed reactor. By this method which comprises three steps (i) to (iii) as set out in Claim 1 (section I, above), the restarting operation after the temporary stopping of the reactor is improved, in particular with respect to the formation of sheet-like polymer and unstable reaction conditions in the initial period of the operation (column 3, lines 12 to 21 and lines 33 to 35 of the patent specification).
3.2.2. A method of rapidly terminating and efficiently restarting a gas phase olefin polymerization reaction using a Ziegler-Natta catalyst system is known from document D1 which is considered by the board, in line with the decision under appeal, to represent the closest state of the art.
D1 discloses a method of rapidly terminating and restarting a gas phase olefin polymerization reaction using a titanium halide/aluminum alkyl catalyst system comprising (1) discontinuing catalyst addition, (2) discontinuing reactor quench liquid flow, (3) discontinuing reactor off gas flow, (4) injecting an amount of carbon oxide sufficient to terminate the reaction, (5) discontinuing recycle gas flow, (6) venting and flushing polymerization reactor, (7) resuming quench liquid, off gas and recycle gas flow, (8) injecting an amount of alkylaluminum sufficient to initiate polymerization and (9) resuming titanium halide addition. Thus, according to the teaching of D1, the polymerization is restarted by firstly resuming the recycle gas flow which comprises the olefin to be polymerised. Only later, the alkylaluminum is introduced. In contrast, the method according to the patent in suit feeds the organoaluminum compound to the reactor first (step (i) of Claim 1) followed by feeding the olefin (step (ii) of Claim 1). Hence, the claimed method differs from the method of D1 not only by using a catalyst system that additionally contains magnesium, but also by reversing the order of the steps in the restart of the polymerization.
3.2.3. As explained by the appellant in the statement of grounds of appeal, in a reaction system for olefin polymerization using a catalyst system comprising vanadium and/or titanium and magnesium (hereinafter referred to as "Ti") and an organoaluminum compound (hereinafter referred to as "Al") the polymerization activity depends on the ratio of Al/Ti as shown in the following figure:
At a low Al/Ti ratio the catalytic activity increases abruptly with a slight increase of the Al/Ti ratio, and after the catalytic activity has reached a maximum it decreases gradually with higher Al/Ti ratios. Normally, the polymerisation is carried out employing an Al/Ti ratio after the maximum of catalytic activity in view of the stability of the reaction (in the examples of the patent in suit the polymerization is carried out at a ratio of Al/Ti = 1.1). When the polymerisation is interrupted in such a system, Al is liable to be consumed due to the contact with impurities and deactivator, if used. Thus, when the reaction is stopped without using a deactivator, active Ti still exists while Al becomes insufficient. When, for example, carbon dioxide is introduced as a deactivator, Al is consumed by reaction with carbon dioxide. In each case, the Al/Ti ratio decreases to a value in the region on the left side of the maximum peak in the above figure.
When the polymerization is restarted and (as in the process of D1) the olefin is fed first into the reaction system which still contains active solid Ti, the polymerization starts under the condition that the amount of alkylaluminum is insufficient. In other words, the Al/Ti ratio is in the region left to the maximum of the graph in the above figure where the catalytic activity largely increases with a small increase in the Al/Ti ratio with the result that the polymerisation starts abruptly and in an unstable way, resulting in the formation of undesired polymers, such as sheet-like polymers. On the contrary, when (as according to the patent in suit) the organoaluminum compound is fed in advance to obtained a desired Al/ratio, the polymerization starts in a stable manner after the introduction of the olefin without fluctuation in polymerization activity so that the formation of sheet-like polymers may be suppressed and a stable operation may be attained.
3.2.4. Thus, the technical problem objectively arising may be seen in the improvement of the restart operation after the temporary stopping of the reactor in a gas phase olefin polymerization. In particular, the formation of sheet-like polymers and unstable reaction conditions should be avoided.
3.2.5. The decision under appeal criticized that Comparative Example 1 in the patent in suit was not suitable to demonstrate a surprising technical effect over D1 since Comparative Example 1 could not be considered as a reworked example of D1. However, the board cannot accept this criticism for the following reasons.
Firstly, as pointed out by the appellant, Comparative Example 1 was carried out in order to show that the order of feeding alkylaluminum and olefin is essential to the claimed subject-matter. Secondly, and even more important, the appellant provided with the experiments and declaration of Mr Niwa, filed already during the examination procedure on 17 October 1996, a further experimental proof of the effect attained by the claimed method. Although the appellant referred to these experiments during the opposition procedure (letter filed on 27 December 1999, point IV), they were not taken into account in the decision under appeal when formulating the objective technical problem.
In Mr Niwa's experiment, the quantity of alkylaluminum fed to the polymerization system was made the same as that in Example 1 of the patent in suit, while only the order of feeding alkylaluminum and olefin was reversed, ie the same order of steps as disclosed in D1 was used. It was shown that a desirable restart operation could not be carried out when the order of feeding alkylaluminum and olefin was different from that of the patent in suit. It this context, the board notes that the comparative test submitted by the appellant goes even one step further than the closest prior art because in the comparative test the same catalyst as required in the patent in suit has been used, ie including magnesium. Thus, the comparative test submitted by the respondent lies closer to the patent in suit than the closest state of the art and a possible technical effect arising from the use of a different catalyst has not been taken into account. But even this variant of the closest prior art shows convincingly that the restart of the polymerization is improved.
3.2.6. In summary, the board finds it credible that the measures set out in Claim 1, in particular steps (i) to (iii), provide an effective solution to the objective technical problem (section 3.2.4, above).
3.3. Inventive step
To assess the question of inventive step, it is necessary to consider whether the skilled person, starting from D1 as the closest prior art and wishing to improve the restart operation, in particular a stable restart without the formation of sheet-like polymers, would have expected that this could be achieved by changing the order of addition of organoaluminum and olefin.
3.3.1. There is no suggestion in D1 itself as to how the restart of the polymerisation might be further improved, let alone a hint to changing the stated order of steps as a more promising variant for the restart of the polymerisation. Apart from that, there is no pointer in D1 to use a catalyst system containing magnesium.
3.3.2. The only other document cited in the decision under appeal is D3. D3 discloses a process for the start-up of polymerization or copolymerization in the gas phase of Alpha-olefins in the presence of a catalytic system of the Ziegler-Natta type and of a charge powder. The charge powder may be chosen from a wide variety of inorganic and organic solid particles, such as silica, alumina, talc, magnesia or a polymer or copolymer, preferably a polyolefin powder of the same nature as that of the polyolefin powder to be produced in the process of D3 (page 12, lines 14 to 21). The charge powder is treated with an organoaluminum compound whereby the treatment may be performed in the presence of the reaction gas mixture to be used during (co)polymerization (page 14, lines 6 to 12). However, this treatment of the polyolefin charge powder in D3 bears no resemblance to the restart operation in the patent in suit, namely because the polyolefin charge powder of D3 does not comprise an active catalyst component whose activity may be restored upon contact with an organoaluminum compound. In the start-up procedure of D3, the charge powder is newly introduced into the reactor with the result that any catalyst residue present in the charge powder would be permanently deactivated. In fact, the treatment of the charge powder with an organoaluminum compound serves only the purpose of achieving a dehydration of the powder. In such a process where no active catalytic system is created it may well be that it is, as alleged in the decision under appeal (point 5 of the reasons), "irrelevant whether organoaluminum is fed before or after the beginning of the olefin feed polymerization". However, it is not permissible to transfer this specific teaching to a completely different process, namely a process involving the creation of a catalytic system.
Thus, D3 cannot provide any hint to the solution of the technical problem relating to the restart of a gas phase polymerization (point 3.2.4, above) because, firstly, D3 is in principle not concerned with the restart of a previously interrupted gas phase polymerization whereby the polymer is retained in the fluidized bed reactor, and secondly, the specific step of treating the charge powder with an organoaluminum compound relied upon in the decision under appeal does not relate to the start, let alone the restart, of a gas phase polymerization. Hence, any combination of D1 with D3 appears to be based on hindsight.
3.3.3. In summary, the solution to the objective technical problem does not arise in an obvious way from the state of the art. Consequently, the subject-matter of Claim 1 as granted, and, by the same token, the subject-matter of Claims 2 to 5 as granted involves an inventive step (Article 56 EPC).
4. Because the appellant succeeded on the main request, there was no need to consider the auxiliary request or to hold oral proceedings.
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to maintain the patent as granted.
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Many employers use criminal background checks to find out what an applicant’s past looks like. It includes federal and state records as well as pending cases or convictions.
A business cannot afford to hire certain employees, such as convicted sex offenders or violent criminals. Conducting a background check is a vital step in the hiring process.
Reduce the Risk of Hiring a Bad Person
Firms must do a criminal background check to lower the chance of making a bad hire. It will reveal whether your candidate has a criminal history records. It can confirm other details like schooling, employment history, and identity verification.
A routine criminal background check will search national and local records for convictions, arrests, and misdemeanor and felony charges that can affect the safety of your employees and customers. It can also include searches of civil court cases, such as fraud or property damage, and sex offender registries.
Depending on the position, you may include other searches as part of your pre-employment screening process, such as a motor vehicle or driving record check, social security number verification, and education verification. You might also consider a credit check, which will reveal a potential hire’s financial responsibility and level of debt. It would be best to consider state and federal laws that dictate what can be reported in a background check, including types of convictions and crimes included or excluded.
Reduce Risk of Liability
Negligent hiring is a legal theory that holds employers responsible for injuries to staff, customers, and the general public caused by employees who are unfit for their jobs. A criminal background check can uncover information about an applicant that may be a red flag for the job. It can also help avoid negligent hiring lawsuits.
Criminal background checks can include a search of county, state, and federal records as well as sex offender registries, terrorism watch lists, and national criminal databases. They can also reveal pending charges and arrests. However, it is essential to note that these findings are not weighed as heavily as convictions.
Business owners need to understand the legalities surrounding screening policies. Strict regulations prevent employers from using criminal history to discriminate against applicants based on age, gender, orientation, race, or religious beliefs. Working with a company familiar with the laws governing this process will help ensure your screening policy is consistent and fair to all candidates. A comprehensive criminal background check policy can protect your company from expensive, time-consuming, and stressful lawsuits.
Protect Your Company’s Reputation
In these times of hyper-connectivity, a company’s reputation can be destroyed by just one negative public relations incident. A background check helps reduce the likelihood of hiring someone who may embezzle funds, harm your customers or be a threat to other employees.
A criminal background check searches national, state, and county court records to report a job applicant’s criminal history. It can include felony and misdemeanor convictions and pending cases. The specific documents searched depend on the job you’re hiring, federal and state law and industry regulations, and your company’s background screening policies.
Background checks can also search for arrests that did not lead to convictions, acquitted charges, or records of beliefs from other countries. The ages of assumptions that can be reported on a background check vary by state. In most states, a criminal background check cannot reveal convictions more than seven years ago. Similar restrictions on how far back credit checks can apply to employment background checks. It means that even a minor conviction can be a deterrent to employers who are trying to hire someone with a clean record.
Protect Your Employees
Background checks help employers avoid hiring people with a history of criminal misconduct that might pose a threat to co-workers or customers. They can also help employers reduce financial losses due to employee theft and avoid liability from negligent hiring lawsuits brought by employees who cause harm in the workplace.
Generally, the information found in a background check includes arrest records, misdemeanor and felony convictions, and pending cases. Employers may search county, state, and federal records to find this information depending on the type of check. In some states, like New York, consumer reporting agencies (CRAs) are prohibited from reporting non-conviction information or records older than seven years, so this information is typically unavailable.
Typically, criminal background checks are conducted after an employer extends a conditional job offer before the candidate starts work. It allows the business to determine whether or not the applicant’s background is suitable for their job while ensuring that the information they’ve provided on their resume and in interviews is accurate. To save time, help ensure legal compliance, and gather the most accurate criminal record information, employers should use an experienced CRA that follows federal, state, and local laws and EEOC guidance on using criminal records in the hiring process.
Protect Your Customers
In some industries, like healthcare, child care, and senior care, or for jobs that require access to sensitive customer information, a background check may be required by law. In such cases, thoroughly vetting your employees can protect customers and their privacy while reducing theft.
Thorough background checks often include searches of federal and state criminal records, sex offender registries, and terrorism watch lists. A full-service background screening firm can help you understand what searches are legally permitted and advisable to run on your candidates. In addition to a digital search, many background checks require visiting courthouses in counties where the candidate has lived to check physical records.
Keeping up with strict regulations on employee background checks is an essential business practice. If an employee harms your customers or they are involved in a data breach, you could be held responsible for their actions and face costly lawsuits for negligent hiring or retention. A comprehensive background check can also include verification of education, employment history, and a social security number trace to ensure an applicant isn’t using someone else’s identity.
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| 0.199274
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DFA in trouble
There is trouble in the DFA. After someone complained about having to present his birth certificate when renewing his passport when the DFA should already have his personal information, DFA Secretary Locsin discovered that the former company that produces the passports, left and took with them all the personal information in their database. This is why those with passports issued on or before 2009 had to submit their birth certificates again, so the DFA can include them in their digital database. Those renewing passports issued in 2010 onwards do not need to do so, as the DFA already has them in their database.
This is actually alarming. Personal information can be obtained, even sold to those with malicious intentions. Which is why it is the government's responsibility to safeguard it. Why it allowed the former company to just leave and take with them all the information is questionable. According to Locsin, the company was "pissed". Scorched earth, so to speak. Locsin added that the government did not sue the contractor because they were in the wrong. It probably did not want this problem to become public. Locsin is also alluding with his “kaching, kaching” tweet that someone made money from hiring another contractor. I would guess that the former company still had a contract with the government, so whether or not his replacement was legal still remains to be seen. The contractor has not been named. Locsin only describes it as a very respectable French company. Still, it should explain what it did, return the information as it is government property, and tell us why it was “pissed”. The French company probably could not contest its situation, knowing the arrogance of some officials of this administration.
The reaction of some lawmakers is also interesting. Known oppositionists are calling for a thorough investigation, and for the government to pursue said contractor to be held accountable. While the known allies of the administration seem to be unconcerned, feeling confident the information will be retrieved. Former DFA secretaries must also shed light on the situation. Secretary Locsin is the third DFA secretary of this administration. Former Secretary Yasay has already made some statements, saying this has gone on since past administrations. So why did he not speak out? If a wrongdoing was done, is it enough to just point out past administrations, which we know this administration relishes doing, and not correct it? We have yet to hear from the normally eloquent former DFA secretary Cayetano.
The current priority of the DFA is to put out the fire. Safeguards will also be placed so as not to inconvenience people, and for the problem not to repeat itself. For now, it is definitely inconvenient for those renewing to have to obtain their birth certificates. The agency providing this must be making a killing in fees. How many hundreds of thousands, if not millions have passports 2009 or earlier?
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| 0.317567
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Need Help? Call 800-503-1198.
enriching the individual
Litigation Legal Secretary The candidate handles complex and specialized secretarial and clerical support activities related to the specific work and function of the timekeeper(s) ....
Family Law Associate Attorney for a Boutique Firm The candidate will responsibilities will include all aspects of a client's case, including communicating with clients, reviewing p....
Below is detailed information about the job you selected.
Location : Florida - Jacksonville
Refer to Job # LEHT822976
Experienced Legal Assistant/Paralegal The candidate must have 5+ years of experience in Plaintiff's Personal Injury/Medical Malpractice Legal Assistant/Paralegal. Should preferably have a High school or equivalent education and 3 years of experience in Microsoft Office. Note: Urgently hiring.
Email: firstname.lastname@example.org NO CALLS PLEASE
[Email to a Colleague]
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| 0.046701
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Why a man will leave the human race to have sex with an animal is beyond me, however, this 40 year old Victor was caught red handed with his pants down! May God forgive him for violating the poor creature!.
A 40-year-old man, Victor Nnanna Onyemaechi from Amibo village in Umuahia South Council of Abia State was a while ago arrested by the state’s police command for allegedly having sex with a neighbour’s goat. It was learnt that the man was tied to the goat and paraded round the village before he was handed over to the police by the traditional ruler of Amibo community.
When contacted, the Police Public Relations Officer in the state, DSP Udevioti Ezekiel, confirmed the incident, adding that the suspects has been charged to court under Section 214 Subsection 2 of the Criminal Code.
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George Zimmerman was arrested last night in the killing of Trayvon Martin. I gathered solace in this progress in the case. Â But what shall I do with the rage and disappointment I felt in the way this case was handled.
The special prosecutor gave one of the best, most balanced press conferences I have ever witnessed. Trayvon Martin’s parents gave a tempered, heartfelt and eloquent response to the prosecutor’s actions. Reverend Al Sharpton admitted he’d not had faith that the system would move forward as originally promised.  Viewers were reminded this was not a moment to celebrate.  The state of Florida reminded America they were there to prosecute and protect, victims and the accused alike. The media covered  this story with complete smugness that  proper action had been taken. It was a real kumbayah moment.
But when I woke up this morning I wondered, what has changed.  Has any underlying  societal change occurred that would prevent this very same type of thing from happening.  It has happened all of my boomer life.
Walter Mosley gets at this question in a different way than the one I asked in an article he wrote for the dailybeast today:
“The crime is an unarmed man-child shot down in the streets of America when the admitted shooter is allowed to walk free. The crime is a nation of possible Florida vacationers who have to march in protest in order to get the tourism-based state to turn its eye toward justice. The crime is a corporate-/owned media that picks and chooses among the cases for which it will open the floodgates of national opinion. The crime is the everyday citizen of America in the 21st century using archaic and inaccurate terms such as white and black rather than fellow American. The crime is a broader media that has convinced our citizens that they are in such imminent danger that they feel it necessary to vote for legislation such as Stand Your Ground.”
I could not have framed this worldview as Mosley has. Better that you read his entire piece to understand how he draws the correlation between this case and deaths of  children in Afghanistan, the mentally ill, and folks in the prison industrial complex. I do see the common threads and recognize the false ways we try to understand each other based on race, color, ethnicity,  or gender.
Do you think Trayvon’s death will spark a conversation for a new generation.
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| 0.027074
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Police in China have begun using sunglasses equipped with facial recognition technology to identify suspected criminals.
The glasses are connected to an internal database of suspects, meaning officers can quickly scan crowds while looking for fugitives.
But critics fear the technology will give even more power to the government.
The sunglasses have already helped police capture seven suspects, according to Chinese state media.
Police used the new equipment at a busy train station in the central city of Zhengzhou to identify the suspects.
The seven people who were apprehended are accused of crimes ranging from hit-and-runs to human trafficking.
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| 0.147865
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Recording Industry Ass. sues Aimster
Attacks file sharing firm using same arguments used against Napster
Aimster's attempt to seek judicial protection from the Recording Industry Ass. of America hasn't deterred the litigious music business organisation - yesterday it hit the software company with a Napster-style contributory copyright violation suit.
"Aimster is Napster all over again," said the RIAA. "Beneath the bells and whistles lies the same service that Napster provides."
Those "bells and whistles" include encryption technology designed to ensure users' file sapping activity remained private. To protect that privacy - or maybe just the company's rear end - Aimster filed a suit with the US court earlier this month seeking an ruling that put it beyond the range of the RIAA's legal guns.
Aimster claims that it can't comply with the RIAA's request that it block the sharing of copyright material because that would involve breaking the law - the Digital Millennium Copyright Act declares the subversion of an encryption system design to protect copyrights to be illegal. Aimster says its encryption system is there to protect the copyright its members hold on their own documents. In short, Aimster asked the court to protect it from being forced to crack its own codes.
The company also said that, as a service provider, it's not responsible for the actions of its users, again as per the Digital Millennium Copyright Act. Napster tried the same argument, but failed to convince the court. It's hard to see Aimster doing any better.
"Our position is that we are an ISP, and we comply with the [DMCA's] safe harbour provisions," said George Carpinello, Aimster's legal counsel, earlier this month. "The RIAA is trying to impose on us a duty to patrol and censor what goes through a private network."
That argument clearly hasn't persuaded the RIAA, and given the way the Napster case went, it's probably going to be successful here too. Apart from Aimster's trick with the DMCA's encryption clause, it's hard to see that it has any more of a case than Napster did. ®
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| 0.510613
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Photo Image: Source
July 28, 2021 | posted by Mordechai Sones | America’s Front Line Doctors | Source |
Information security expert on revealed Pfizer agreements: ‘There’s good reason Pfizer fought to hide the details of these contracts’
“If you were wondering why Ivermectin was suppressed, it is because the agreement that countries had with Pfizer does not allow them to escape their contract, which states that even if a drug will be found to treat COVID-19, the contract cannot be voided.”
“Unredacted contracts for the experimental biological agent known as the “COVID-19 vaccine” between the Pfizer corporation and various governments continue to be revealed.
Information security expert Ehden Biber told America’s Frontline Doctors (AFLDS) Frontline News that the first document to recently emerge was discovered by Albanian newspaper Gogo.al. Biber then was able to locate the digitally-signed Brazilian contract, and at least two others, one with the European Commission, and the other with the Dominican Republic.
AFLDS Chief Science Officer Dr. Michael Yeadon responded to the revelations after perusing the Albania contract, saying it “looks genuine.” He continued: “I know the basic anatomy of these agreements and nothing is missing that I’d expect to be present, and I’ve seen no clues that suggests it’s fake.”
Yeadon noted what he found “the most stunning revelation,” citing the clause that stipulates “if there are any laws or regulations in your country under which Pfizer could be prosecuted, you agree to CHANGE THE LAW OR REGULATION to close that off.” (emphasis his)
In a Twitter thread that has since been removed except the first tweet in the thread, Biber explained the significance of the revealed agreements: “Because the cost of developing contracts is very high and time consuming (legal review cycles), Pfizer, like all corporations, develop a standardized agreement template and use these agreements with relatively minor adjustments in different countries.
“These agreements are confidential, but luckily one country did not protect the contract document well enough, so I managed to get a hold of a copy.
“As you are about to see, there is a good reason why Pfizer was fighting to hide the details of these contracts.”
“First,” Biber continues, “let’s talk about the product: The agreement not only covers manufacturing of vaccines for COVID-19 and its mutations, but also for ‘any device, technology, or product used in the administration of or to enhance the use or effect of, such vaccine.’
“If you were wondering why Ivermectin was suppressed, it is because the agreement that countries had with Pfizer does not allow them to escape their contract, which states that even if a drug will be found to treat COVID-19, the contract cannot be voided”
“Supplying the product: ‘Pfizer shall have no liability for any failure to deliver doses in accordance with any estimated delivery dates… nor shall any such failure give Purchaser any right to cancel orders for any quantities of Product.’
“‘Pfizer shall decide on necessary adjustments to the number of Contracted Doses and Delivery Schedule due to the Purchaser … based on principles to be determined by Pfizer … Purchaser shall be deemed to agree to any revision.’
“Just to make it clear: ‘Purchaser hereby waives all rights and remedies that it may have at Law, in equity or otherwise, arising from or relating to:.. any failure by Pfizer to deliver the Contracted Doses in accordance with the Delivery Schedule.
“Once again: ‘Under no circumstances will Pfizer be subject to or liable for any late delivery penalties.’
“You can’t return the product, no matter what: ‘Pfizer will not, in any circumstances, accept any returns of Product (or any dose)…no Product returns may take place under any circumstances.’
“Now for the BIG SECRET: $12 per dosage for about 250K units. Funny that this is the price for a small amount of dosages when Pfizer was charging the U.S. $19.50 per dose.
“U.S. taxpayers got screwed by Pfizer, probably also Israel.
“About payment, the country has no right ‘to withhold, offset, recoup or debit any amounts owed to Pfizer, whether under this Agreement or otherwise, against any other amount owed (or to become due and owing) to it by Pfizer or a Pfizer Affiliate.’
“Damaged goods: THE ONLY WAY to get a recall is if you can prove cGMP fault.
“‘For clarity, Purchaser shall not be entitled to reject any Product based on service complaints unless a Product does not materially conform to Specifications or cGMP.’
“This agreement is above any local law of the state.
“Long-term effects and efficacy: ‘Purchaser acknowledges…the long-term effects and efficacy of the Vaccine are not currently known and that there may be adverse effects of the Vaccine that are not currently known.’
“Termination for cause: There are clauses about termination possibility, but in fact, as you saw so far, the buyer has almost nothing that can be considered a material breach, while Pfizer can easily do so if they don’t get their money or if they deem so.
“You must pay Pfizer for the dosages you ordered, no matter how much you consumed, regardless if Pfizer got it approved (it was a pre-EU approval) or if they delivered the Contracted Doses in accordance with any estimated delivery dates set forth herein.”
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Newtown grieves as first victims buried
As families in Newtown, Connecticut, began to bury their murdered children yesterday, authorities tightened security at other schools across the country, and US president Obama picked up crucial support in his push to tighten restrictions on weapons such as the one used in Friday’s massacre.
In what was a precursor for a string of funerals planned in the bucolic, picture-postcard New England town, services were held for two of the 20 children killed inside Sandy Hook Elementary School. Jack Pinto and Noah Pozner, both aged six, died with their first-grade classmates when Adam Lanza opened fire with a military-style assault rifle.
Underscoring how much grief is mixed with fear and anxiety, schools in two nearby communities were put in lockdown yesterday after police received reports of suspicious people near those schools. No one was arrested, but the precaution taken by authorities showed how some people are on edge following Friday’s attack, the second-worst school shooting in US history.
Security was ramped up at schools across the US to guard against potential copycat attacks. In Boston, police commissioner Ed Davis said his officers had stepped up routine patrols at the city’s schools.
Call for action
Meanwhile, Mr Obama’s emotional call for action, delivered during an 18-minute address at an interfaith memorial service for the victims at the Newtown high school on Sunday night, was quickly bearing fruit.
US senator Joe Manchin, from West Virginia, US representative John Yarmuth of Kentucky, and US senator Mark Warner of Virginia, all of them Democrats from gun-friendly states, went public yesterday saying it was time to tighten controls on some guns, especially military-style assault rifles and high-capacity magazine clips.
Like Manchin, Warner has an “A” voting rating from the National Rifle Association, and is seen as an ally of the gun lobby, making his support for some form of gun control especially significant. Leading Republicans, who are generally seen as more supportive of the NRA and the gun lobby, have been noticeably silent since Friday’s slaughter.
“Enough is enough,” said Warner, echoing a sentiment that has emerged from a growing number of legislators previously seen as staunch allies of the NRA and the influential, well-financed gun lobby. “I think most of us realise that there are ways to get to rational gun control. There are ways to grapple with the obvious challenges of mental illness.”
Police said that establishing whether Adam Lanza was mentally ill is part of their investigation into Friday’s attack, which ranks only behind the 2007 shooting at the campus of Virginia Tech which left 32 people and the shooter dead.
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Sturgeon Open to Alternative Timing on Scots Independence VoteBy
Scottish lawmakers debate plan to seek new vote by spring 2019
Parliament in Edinburgh expected to back move on Wednesday
Scottish First Minister Nicola Sturgeon said she would discuss the timing of another independence referendum, though insisted the country has the right to chart its own future following the U.K.’s decision to leave the European Union.
In a speech to the Scottish Parliament on Tuesday, Sturgeon urged lawmakers to back her plan for a vote to take place before Brexit is implemented, something the U.K. government wants to avoid while it negotiates with the EU. The Edinburgh legislature is due to vote Wednesday on whether to seek the legal means to hold another plebiscite, with Sturgeon’s Scottish National Party expected to prevail after the Green Party said it would back the motion.
Sturgeon, who wants to hold a vote by spring 2019, said she would be open to discussions on the timing if the U.K. presented “a clear alternative and the rationale for it.” She added: “in the circumstances we now face, for the U.K. to stand in the way of Scotland having a choice would be wrong, unfair and unsustainable.”
The debate comes a week before Prime Minister Theresa May triggers two years of talks to decide the terms of Britain’s departure from the EU, which the majority of Scots oppose. The SNP has said independence now is the only way to safeguard Scotland’s access to the single market and Sturgeon has been building the argument that the country is being sidelined again by the Conservative U.K. government in London.
Ruth Davidson, who leads the Conservatives in Scotland, called it a “bulldozer” approach to holding the vote and questioned Sturgeon’s claim she has the right to do so. The SNP’s election manifesto last year stated it would seek a new independence vote should there be a “significant and material change” in circumstances such as the U.K. choosing Brexit against Scotland’s will. Davidson said there needs to be clear support in Scotland for another vote.
“It’s shown the number one priority of this government: separation not education,” Davidson told parliament. “Believing something should happen if something else happens is not a clear mandate.”
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Yes, definitely Citi requires background check.
Citi requires a background check with new employees
Not that I'm aware off. It does require criminal record check.
Yes. The company is strict to its standards checking more than what is necessary. The company aims for excellence.
Help job seekers learn about the company by being objective and to the point.
Your answer will be posted publicly. Please don't submit any personal information.
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The Northern Ireland Protocol is part of the Withdrawal Agreement, designed to set out the legal parameters of the withdrawal of the UK from the EU. The Government proposes to introduce legislation to unilaterally change the Protocol. On the face of it, this would appear to place the Government on the highway to a breach of international law. But are there any off-ramps which allow it to avoid this destination? This blog post examines one possible off-ramp, that this course of action is consistent with the Vienna Convention on the Law of Treaties 1969.
Legal justification for unilateral amendment of the NI Protocol
The Foreign Secretary Liz Truss MP stated in Parliament on 17 May 2022 that “we are very clear that this is legal in international law, and we will be setting out our legal position in due course.” This legal position has not yet been set out. Emily Thornberry MP, the Shadow Attorney General, has asked a number of questions about the nature and source of this legal advice, but no details have emerged. David Allen Green suggests there have been “shenanigans” over how this legal advice was obtained and the odd way in which the Treasury Devil was only partially consulted on it.
According to The Times, Attorney General Suella Braverman QC MP has stated that the EU’s implementation of the Protocol has been “disproportionate and unreasonable”. She also argues that the Good Friday Agreement (GFA) has “primordial significance” which justifies amending the Protocol. As Joshua Rozenberg QC remarked “Those don’t sound like legal arguments to me”. It was a relief when Sir Jonathan Jones QC, the former Treasury Solicitor and Head of the Government Legal Department, admitted that primordial significance was a novel legal expression to him. I assumed that ignorance of this point was personal to me.
Professor David Collins argues that this is legal by reference to Article 16 of the Protocol itself. Article 16 allows parties to unilaterally take appropriate safeguard measures if the application of the Protocol would lead to serious economic, societal or environmental difficulties. Oliver Garner sees Article 16 as providing a theoretically possible legal off-ramp, although he questions whether the criteria in Article 16 have been met. More importantly, he points out that the Government have not formally invoked Article 16, nor followed the procedure set out in the Protocol for invoking it.
The absence of a formal legal justification means that we are somewhat in the dark in setting out a critique of that justification. Will the Article 16 off-ramp be used? Is this a breach in a “very specific and limited way” as per the Internal Market Bill? Rather than considering the entire field of justifications, I limit myself solely to the Vienna Convention, acknowledging that restricts the width of this blog post.
Does the Vienna Convention provide a legal off-ramp?
The Vienna Convention on the Law of Treaties 1969 sets out the international framework for the interpretation and implementation of treaties. The UK is a party to it, and reaffirmed its commitment to it in Article 4 of the Trade and Cooperation Agreement.
The nature of legal change to the Protocol
Liz Truss, on 17 May, spoke of “changing the Protocol” and “fixing those elements” of the Protocol which are not working. Conor Burns MP spoke of “recalibrating, not tearing up” the implementation of the Protocol.
Article 42 of the Vienna Convention states that the termination of a treaty, its denunciation, withdrawal of a party, or suspension (“termination” for short) of part of it is only possible in accordance with the provisions of the Convention.
Article 44 lays down a general principle against partial termination of a treaty, as opposed to termination of the entire treaty. But it then sets out exceptional circumstances allowing for termination of part of a treaty if this is provided for in the terms of the treaty, or if that part of the treaty can for some reason be separated from the rest of the treaty. Partial termination still requires one of the legal off-ramps discussed further below.
The first question is therefore, what is the nature of legal change being sought? It is clear that a treaty can be amended by agreement between the parties (Art 39) but nowhere in the Convention does it allow the unilateral rewriting or amendment of a treaty. The most that a party can do is state that the provisions of the treaty cease to have effect, in the sense that the state considers itself no longer bound by those provisions in international law. So, if a Vienna Convention off-ramp is available, the Government could state that the Protocol ceases to apply to the UK, and it could state the domestic law that applies in its place. But it could not amend the actual terms of the Protocol itself.
The second question is, can the Government do some salami-slicing, chopping of the bits of the Protocol that it does not like, but keeping the rest intact? In other words, is the Protocol, or portions of the Protocol, separable from the rest of the Withdrawal Agreement? The Withdrawal Agreement does not state that its terms are separable, and the EU has not agreed to separability. The test for separability is set out in Art 44(3):
(a) the said clauses are separable from the remainder of the treaty with regard to their application;
(b) it appears from the treaty or is otherwise established that acceptance of those clauses was not an essential basis of the consent of the other party or parties to be bound by the treaty as a whole; and
(c) continued performance of the remainder of the treaty would not be unjust
The Protocol is contained in a separate annex, so ground (a) is capable of being met in relation to the Protocol in its entirety, although not in relation to picking and choosing individual provisions within it. There does not seem to be any way that ground (b) is met, given that on 8 June, Micheál Martin, the Irish Taoiseach stated in a speech to the European Parliament that the Protocol is “an integral part of the Withdrawal Agreement”. It is open to question whether ground (c) is met.
The answer to these two questions would appear to lead to the conclusion that it is not possible to pick and choose which bits of the Protocol are to be obeyed, and which bits can be ignored. Moreover, even if the Government is able to justify the separability of Protocol provisions, it would have to meet the Vienna Convention’s conditions for termination, which I now go on to discuss.
Possible off-ramps in the Vienna Convention
The Vienna Convention contains multiple potential off-ramps, some more fanciful than others. Without knowing which one could be used, I briefly survey the hypothetical possibilities under each of the Convention’s grounds for termination.
Violation of internal law
Art 46 prevents a state from terminating a treaty for violation of an internal law, unless that violation of internal law was manifest and concerned a rule of internal law of fundamental importance. It would be difficult to sustain an argument that the Protocol manifestly violated the Northern Ireland Act 1998, based as it is upon the GFA. One of the recitals to the Protocol states:
“AFFIRMING that the Good Friday or Belfast Agreement of 10 April 1998 between the Government of the United Kingdom, the Government of Ireland and the other participants in the multi-party negotiations (the “1998 Agreement”), which is annexed to the British-Irish Agreement of the same date (the “British-Irish Agreement”), including its subsequent implementation agreements and arrangements, should be protected in all its parts”
Given that the UK Government cited the GFA and pointed out its importance at the time of making the Protocol, it would be difficult for it to argue that the Protocol which it agreed actually broke the Northern Ireland Act 1998. In any event, the Northern Ireland Court of Appeal have already ruled in Allister that the Protocol is not in breach of the Northern Ireland Act 1998 (grounds 2 and 3 of the appeal) nor in breach of the Act of Union (ground 1 of the appeal). For the sake of completeness, Allister also ruled that the Protocol did not breach Article 3 of Protocol 1 to the European Convention on Human Rights (ground 4) nor EU law (ground 5).
Error in making of treaty
Article 48 allows the state to claim that an error in a treaty invalidates its consent to that treaty “if the error relates to a fact or situation which was assumed by that State to exist at the time when the treaty was concluded and formed an essential basis of its consent to be bound by the treaty”. No error has been alleged by the Government.
Fraud or corruption
Article 49 gives fraud as a ground for invalidating a treaty and Article 50 gives corruption. Although there have been allegations that the EU has been guilty of what Brexit minister Lord Frost termed “legal purism”, there have been no allegations that the EU committed fraud in the negotiations. In fact, as David Allen Green points out, it is hard to see the distinction between legal purism and complying with your legal obligations. Nor have there been allegations that Lord Frost (or anyone else) has been corrupted.
Articles 51 and 52 allow for invalidation if a treaty was obtained via coercion. Although there have been conflicting versions over who held the upper hand in the negotiations, no-one has suggested that the EU coerced the UK.
Conflict with a peremptory norm of international law (“jus cogens”)
Under Art 53, a treaty can be invalid if it conflicts with a peremptory norm of general international law. There is no exhaustive list of what are peremptory norms of general international law, but they are generally considered to include such things as the use of force between nations, genocide, torture etc. Nothing of this nature has been alleged against the EU.
Furthermore, under Article 44(5), there can be no separability where termination is sought under Articles 51 to 53.
Termination by agreement
Art 54 allows termination by agreement between the parties, or if authorised by the terms of the treaty. Article 57 allows for suspension on the same conditions. Neither of these conditions apply here, other than via the Article 16 of the Protocol route mentioned above.
Implied right of denunciation
Article 56 allows denunciation (i.e. termination) if it can be implied that the right of denunciation was intended. There has been no evidence that either party intended a right of denunciation. Denunciation by this method requires a 12 month period of notice.
Interestingly, when the Vienna Convention was being negotiated, there was a suggestion that there ought to be a unilateral right for a country to terminate a treaty. However, the UK delegation introduced an amendment (passed as A/CONF.39/C.l/L.311) that termination was impermissible “unless the character of the treaty is such that a right of denunciation or withdrawal may be implied” (now contained in Art 56(1)(b) of the Convention). The reason for this, as expressed (in paragraph 3) by the UK delegation was:
The stability of treaties had to be ensured in the interests of international peace and security, but provision also had to be made for parties to withdraw from treaties which, although of indefinite duration, were intrinsically temporary in character.
No argument has yet been advanced by the UK Government that it was implied within the Protocol that either party had the right to unilaterally terminate it.
Termination by reference to a subsequent treaty
Article 59 allows for termination or suspension if a subsequent treaty supersedes the original treaty. Although the UK and EU have now signed a Trade and Cooperation Agreement, there was no intention that this would overwrite the Withdrawal Agreement. The Trade and Cooperation Agreement expressly refers to the Withdrawal Agreement, but does not state that it supersedes it.
Termination for breach
Article 60 allows for termination if a party to the treaty has committed a material breach of the treaty. At its height, the allegation is that the EU has been implementing the Protocol in a disproportionate way. This does not meet the test for material breach in Article 60.
Supervening impossibility of performance
Article 61 allows for termination if it is impossible to implement the treaty. There are clearly political and economic difficulties with implementation, but these do not reach the level of impossibility.
Fundamental change of circumstances
Article 62 allows for termination: “A fundamental change of circumstances which has occurred with regard to those existing at the time of the conclusion of a treaty, and which was not foreseen by the parties”. According to Professor Yarik Kryvoi, the case law indicates a requirement for a “radical” change.
Given that the Protocol discussed the importance of the GFA, the avoidance of a hard border on the island of Ireland, the integral place of Northern Ireland within the UK’s internal market (all expressed in the recitals to the Protocol), and the need for agreements on the future relationship between the parties (expressed in the recital to the Withdrawal Agreement), it is hard to see that there has been any fundamental change in circumstances. The circumstances before the Protocol are the same as those after it. Nothing has changed in the difficulty of having an agreement which both prevented a hard border on the island of Ireland, and at the same time allowing the UK to take control of its borders. The same problems that we see now were present (and loudly expressed) at the time when the Protocol was made. At best, the Government’s argument on this point would be “we didn’t realise how bad the consequences would be at the time we made the agreement” (which is a somewhat embarrassing argument to make).
Procedures to be followed in cases of termination etc.
Articles 65 to 68 set out the procedure to be followed where a party seeks to terminate a treaty. None of these procedures have been followed.
A hierarchy of treaties?
Becoming even more speculative, the legal argument being put forward by the Government appears to be that because of the “primordial significance” of the GFA, it somehow trumps subsequent treaties. This concept does not appear in the Vienna Convention. But even if it did, it is difficult to see how this grants a unilateral right to the UK to change the Protocol.
The GFA was agreed by the Government of the UK and the Government of Ireland. It was also agreed by the participants in the multi-party talks (essentially the Northern Ireland political parties). The co-guarantors were the US and the EU. Two unionist parties in Northern Ireland have called for the Protocol to be unilaterally changed. The majority of politicians elected in the most recent Assembly elections in Northern Ireland do not want unilateral change (53 versus 37). Nor does the Government of Ireland, the US or the EU. It is odd for the UK Government to claim the mantle of acting to protect the GFA when many of the other parties / guarantors of the GFA are diametrically opposed to this.
Three years ago, Professor Yarik Kryvoi argued in giving evidence to Parliament that it would be “very difficult to find a good reason” for the UK to terminate the Protocol. Without ruling out the possibility of a good reason, I have been unable to find a one that is feasible within the terms of the Vienna Convention.
Micheál Martin said that “Unilateral action to set aside a solemn agreement would be deeply damaging. It would mark a historic low-point signalling a disregard for essential principles of laws which are the foundation of international relations.” Similar sentiments came from Simon Hoare MP, chair of the House of Commons Select Committee on Northern Ireland, when he said “Respect for the rule of law runs deep in our Tory veins, and I find it extraordinary that a Tory Government need to be reminded of that.”
Applying the criteria of Jonathan Jones, there does not appear to be any “tolerably plausible” argument, or “respectable legal argument” contained within the Vienna Convention to justify the Government’s approach. Without a legal off-ramp, it appears that the Government is well on its way to breaching the Rule of Law.
Dr Ronan Cormacain, Consultant Legislative Counsel, Senior Research Fellow – Bingham Centre for the Rule of Law
(Suggested citation: R. Cormacain, ‘Does the Vienna Convention provide a legal off-ramp for unilaterally changing the Northern Ireland Protocol?’, U.K. Const. L. Blog (13th June 2022) (available at https://ukconstitutionallaw.org/))
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And now a page from our "Sunday Morning" Almanac: July 6th, 1699, 315 years ago today . . . the day the "Yo-Ho-Ho"-ing came to a halt.
For that was the day the notorious Captain Kidd was arrested in Boston for piracy and murder.
William Kidd had started out on the right side of the law, with a commission from King William III to command a private man-of-war . . . an armed ship that was not officially a part of the Royal Navy.
In exchange for bringing "pirates, freebooters, and sea rovers to justice," Kidd and his crew (and his wealthy private backers) would be allowed to keep most of whatever treasure he seized.
But after several months aboard their ship, the Adventure Galley, Kidd and his crew turned pirate themselves, attacking and looting virtually every ship they encountered.
His seagoing exploits quickly became the stuff of legend, portrayed (with some artistic license) in the 1945 film "Captain Kidd," with Charles Laughton in the starring role.
Apparently believing his wealthy patrons would protect him from piracy charges, Kidd arrived in Boston in the summer of 1699, where he was arrested and shipped to London to stand trial.
His claims that his near-mutinous crew forced him into piracy availed him not, and on May 23, 1701, Captain Kidd was hanged . . . his body tarred and hung by chains on the bank of the Thames as a warning to other sailors.
The debate over the extent of Captain Kidd's guilt goes on to this day, as does the pop culture glamorization of those swashbuckling times . . . most recently at last month's Coney Island Mermaid Parade, where New York City Mayor Bill de Blasio, of all people, posed as a pirate for a day.
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|The last of Miami's infamous 'Cocaine Cowboys' Gustavo Falcon, 55 is planning to plead not guilty to drug charges when he goes on trial next month after almost three decades on the run.|
Falcon was arrested earlier this month near Orlando, where he had been living under an assumed name with his wife.
|Falcon vanished in 1991 when he, his older brother Augusto 'Willie' Falcon, Salvador 'Sal' Magluta and seven others were charged in a major federal grand jury indictment. Magluta and Augusto Falcon operated one of the most significant cocaine trafficking organizations in South Florida history. The gang smuggled at least 75 tons of cocaine into the US and made some $2 billion in the 1980s 'Miami Vice' era.|
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President Donald Trump said that the 25 percent tariff on $50 billion of Chinese goods was to respond to the actions of China threatening the US economy, despite his “great friendship” with the Chairman of the People’s Republic of China, Xi Jinping.
Trump announced the imminent imposition of a 25% a response to the “unfair trade methods used by China” and unfair acquisition of American intellectual property and technology.
The US can no longer tolerate the loss of technology and intellectual property due to dishonest trading practices. New duties are needed to prevent further dishonest transfer of US technology and intellectual property to China, which will help protect jobs in the US. In addition, they will be the first step in balancing the trade balance between the US and China, Trump said in a statement.
The US President stressed that the decision to impose the duties was accepted by him despite his “great friendship” with the President Xi of China, since it was simply impossible to tolerate further the state of affairs.
According to Trump, the duties to be introduced will include products manufactured under the strategic plan “Made in China 2025”, the implementation of which is intended to strengthen China’s position in high technology.
Trump also promised to retaliate with additional duties if Beijing decides to respond to their first batch by restricting access of American products to their markets, introducing duties on agricultural products and other goods from the US, or taking any “punitive measures” against US exporters and workers in China companies from the USA.
Earlier The Wall Street Journal reported that the US Trade Representative Office (USTR) may release a list of Chinese goods that will affect new duties on Friday, June 15. This list, according to sources of the publication, will be published in the US Federal Register next week.
China and the United States had agreed earlier this month to put threats tariff war on ice after Chinese Vice Premier Liu He, the top economic advisor to President Xi, led a delegation to Washington. The countries said China would “significantly increase” purchases of US goods and services to reduce their trade imbalance, a top Trump administration demand, and pledged to continue talks.
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24-Hour Bail Bonds in Phoenix Will Assist with a Loved One’s Release from Jail
Getting out of jail is hard, but you want to get back to your life as soon as possible.
The process for getting out of jail can be overwhelming and confusing. You might not know what crime you're charged with or where the inmate is being held.
24-Hour Bail Bonds in Phoenix will help you find the inmate and post bail so that they can go home. They'll also tell you how bails work, so that if someone doesn't show up at their court date, they won't have to worry about going through this all over again!
It's difficult to know how to raise the cash necessary to post bail if a loved one has been charged with a misdemeanor or felony and is currently in jail. A bail bondsman in Phoenix can assist a customer in locating an inmate and seeking their release from jail by posting bail.
If someone you love has been charged with a crime and taken to jail, it can be overwhelming and confusing trying to locate them and figure out how they can get out of jail. A 24-Hour Bail Bonds in Phoenix professional will help with locating the inmate and posting bail, but they will also explain how bail works. This way, if someone doesn't show up for their court date, they won't be forced to go through all of this again!
Contact a 24 Hour Bail Bondsman and Provide Details
If the client is unsure of the crime for which the individual was arrested, or of the jail's location, they should get help from a bail bondsman who provides 24-hour bail bonds in Phoenix.
A bail bondsman at Didn't Do It Bail Bonds, or a similar company, will work to make the process of posting the bond easier.
They will start by getting in touch with an inmate-locating service, which will allow them to find out where the individual is being held. Once they have located them, they can prepare for their brief release from jail by providing proof of identification.
The bail bondsman will then contact the jail and go over the necessary steps for getting an inmate out.
Once all is prepared, they can deposit the cash to make sure that the bond is posted. An individual who fails to show up at their court date may lose this money, but it's a risk that most people are willing to take when they can't afford to post bail.
Many times, 24-Hour Bail Bonds in Phoenix will inform the individual that they have been bailed out over the phone and they can meet them at any location of their choosing. This is a convenient option for anyone who doesn't want to wait around all day for someone else to release them from jail.
Learn How a Bail Bond Works
One of the first things a 24-Hour Bail Bonds in Phoenix representative will do when they meet to discuss posting a bond is explain how bail works.
Since not all clients may know everything about bail, it's important for them to be familiar with the concept before they talk about who needs to pay for it and how much. The bondsman will explain the various types of bail, what each entails, and who is expected to pay for it.
There are four main types of bail:
Cash. This is a form of bail where an individual posts the full amount of the bond in cash at a jail, which will be returned if they make their court date. If they do not show up to court, the money is forfeited and it will go to the state/county government.
Surety. This is someone else's money that acts as collateral for the release of an inmate. Typically, this can be a family member or close friend who puts up 10 percent of the bond amount, which is refunded when the person appears in court. If they don't show up to court, they are responsible for paying back the full amount of the bond.
Property Bond. This is when an individual posts their property as collateral for the full amount of the bond, and they can get it back when they attend all of their court dates. However, if they don't show up to court or break any conditions outlined in their release agreement, such as seeking treatment for a drug addiction, the court can seize their property.
Recognizance Bond. This is when an individual does not have to pay for their release from jail because they are deemed trustworthy enough by a judge to avoid fleeing before the case comes to trial. However, if they do not show up for court or commit any new crimes, they will be sent back to jail and the court will order them to pay a good amount of money in fees.
Give Assistance to an Individual
A person who has been released from jail will undoubtedly require assistance as they attempt to get their life back on track. Information about a bondsman and the payment schedule should be supplied so that the person incarcerated can deal with the financial obligation of using his services.
A lawyer should be hired to assist with the preparation of a defense before the hearing. Family members should stand by the accused so that they can remain collected during the court session.
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Woman, 86, attacked in burglary, jury told
A burglar from Wolverhampton attacked an 86-year-old woman dragging her up the stairs by her ankles as he demanded the code to her safe, a court heard.
Nicholas Mason was ‘foaming at the mouth’ and speaking in a Dalek type voice during the early-morning raid on the pensioner’s home, Birmingham Crown Court heard.
Mason punched the pensioner several times before dragging her up the stairs backwards by her ankles where he kicked her in the face and body to reveal the code or hand over a key to the safe, the court was told.
But he was disturbed by the victim’s daughter who had been called by her mother when Mason had left her alone in the kitchen for a moment.
The daughter lunged at him, grabbing his jacket, prompting him to turn around to face her, ‘foaming around the mouth as if on drugs’, said Mr Benjamin Aina, QC, prosecuting.
He went on: “He said to her in a very slow Dalek-type voice ‘Get away from me or I’m going to kill you’. He was gritting his teeth as he spoke.”
Mason escaped with nothing but a cordless phone, the court heard. The court heard the elderly victim had been left with broken bones in her neck, nose and back.
Mason continued on his rampage, breaking into or attempting to break into several more houses over the next hour, it was said. The jury heard the 44-year-old had stolen a Ford Mondeo from Lowe Street, Whitmore Reans, in the early hours of June 5 before driving to his elderly victim’s home in Yardley.
Three days later he reportedly stole a Ford Focus and bank cards from a house in Nantwich before breaking into homes in Albany Crescent and Hurstbourne Crescent, East Park, Wolverhampton, Darlaston Road and Nowell Street, Darlaston, and Lime Road, Wednesbury. He was arrested at the Hurstbourne Crescent burglary after he was confronted carrying a £1,250 laptop and £200 phone into the back garden by the occupant. As the two men fought the victim’s daughter called 999.
The court heard yhat on May 31, Mason had also stolen an iPad, iPhone and bank cards from a house in Green Drive, Oxley, then driving to Asda in Molineux Way and a nearby wine store, fraudulently paying for purchases.
Two days later he is alleged to have stolen jewellery worth £1,839 after breaking into a house in Farndale Avenue, Whitmore Reans.
Mason, of Larches Lane, Chapel Ash, denies 13 charges of burglary, five of fraud, three of theft, two of attempted burglary, wounding with intent and handling stolen goods.
The case continues.
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Trudeau bans assault-style weapons after Canada’s deadliest mass shooting
Nearly two weeks after the nation’s deadliest mass shooting, Canadian Prime Minister Justin Trudeau on Friday announced a ban not only on the sale of assault weapons but also on possession, with owners having to give up their rights. assault weapons within two years.
Trudeau told a press conference that Canadians will not be able to “buy, sell, transport, import or use military grade assault weapons.”
Law-abiding gun owners will benefit from a two-year amnesty period during which gun owners will receive “fair compensation” for their firearms when they are sold and exported outside Canada. country, but the details of the buyback program have yet to be clarified and will likely need parliamentary approval.
The ban comes nearly two weeks after a gunman in rural Nova Scotia carried out a 12-hour rampage that killed 22 people.
The rule applies to the AR-15 as well as to the two weapons used by the shooter, the Associated press reported, although the shooter did not have a firearms license for the several semi-automatic handguns and two semi-automatic rifles he used in the rampage.
Trudeau and his Liberal Party were preparing to introduce gun control measures before the shooting in Nova Scotia, but the measure was suspended in mid-March following the coronavirus.
Canada’s ban is similar to New Zealand’s ban on military-style weapons adopted after the Christchurch shooting in 2019.
“These weapons were designed with one goal and one goal: to kill as many people as possible in the shortest possible time. There is no use or place for such weapons in Canada, ”Trudeau said in a briefing where he announced the decision.
Canada’s Conservative Opposition Leader Andrew Scheer has spoken out against the ban, noting that the Nova Scotian shooter used illegally obtained firearms, which the ban does not address. “Trudeau is using the current pandemic and the horrific attack in Nova Scotia to advance his ideological agenda and make major changes to gun policy,” he said in a declaration.
Canada’s gun laws have been tightened following mass shootings previously. In 1989, a student killed 14 people in a rampage at an engineering school in Montreal, which led the country to set up twenty-eight day waiting periods, compulsory training courses in security, an increase in background checks and bans on high capacity magazines. Gun fatality rate in Canada is much lower than in the United States, according to the University of Washington researchers, The gun fatality rate in Canada was 2.1 per 100,000 inhabitants in 2016 compared to 10.6 per 100,000 in the United States
5. This is how Canada ranks among gun owners in the world, only behind the United States, Yemen, Montenegro and Serbia, according to the 2018 Small arms investigation.
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How Will the New Rules for Sales Tax Affect Your Business
The Supreme Court of the United States recently issued a ruling that will affect eCommerce store owners. It concerns a tricky topic: sales tax nexus in different states.
New sales tax law
In the landmark case South Dakota v. Wayfair, Inc. the court removed the physical presence rule that has long prevented states from taxing sales by businesses with no physical presence in the state. It found the physical presence limitation to be “unsound and incorrect,” and the defendants’ “economic and virtual contacts” with the state to be a sufficient basis for nexus. States now have a clear path to taxing remote sales.
Before the Wayfair decision, businesses only had to collect sales taxes if they had a physical presence within that state.
Post Wayfair, states can require more out-of-state sellers to collect and remit sales tax.
South Dakota’s nexus law says that out-of-state sellers have to collect and remit South Dakota sales if in the current or previous calendar year:
- They earn more than $100,000 in gross revenue from South Dakota customers;
- They conduct more than 200 separate transactions in the state.
What is sales tax nexus?
Sales tax nexus is established when there is a substantial enough connection between a state and a business for the state to require the business to collect and remit sales tax. It has historically been based on physical presence. The decision in South Dakota v. Wayfair, Inc. suggests states are free to base sales tax nexus on economic activity in the state.
In recent years, online sales have skyrocketed and states have realized how much potential sales tax revenue they’re missing by not taxing online sales by out-of-state sellers. To capture more remote sales tax revenue, they’ve gotten creative with the sales tax laws.
Here are a couple of examples of when an out-of-state online store can be considered physically present in a state:
- It places software or web cookies on in-state computers and devices to promote sales;
- It has an affiliate or subsidiary relationship with a party in that state.
South Dakota’s way of defining nexus — through economic activity in the state — is most likely to succeed (i.e., be permitted to stand). It’s therefore being emulated by many states.
Economic nexus means that businesses with no physical presence in a state can establish nexus by engaging in a certain amount of economic activity within a state.
Other states defining nexus
Other states have been keeping a close eye on the South Dakota case. Since the decision was announced on June 21, 2018, approximately two dozen states have decided to adopt or enforce economic nexus policies of their own. These include Georgia, Hawaii, Illinois, Iowa, Kentucky, New Jersey, Maryland, and Washington.
Thresholds vary from state to state. For example:
- More than $250 in retail sales; or
- 200 or more retail sales into the state
- 10 or more retail sales totaling more than $100,000; or
- 100 or more retail sales into the state
- At least $100,000 in gross revenue; or
- 200 transactions per year into the state
Ecommerce businesses are closely watching announcements and guidance from any state where they have customers to stay abreast of the latest developments.
What the ruling could mean for the future
While the Wayfair ruling paves the way for states to establish economic nexus, it doesn’t offer carte blanche. States that want to change their nexus rules will most likely model them closely on South Dakota’s law.
The majority opinion in the Wayfair ruling suggests that a state’s nexus law is constitutional if certain elements are present:
- There is an exception for small sellers
- There is no retroactive application of the law
- The state is a member of the Streamlined Sales and Use Tax Agreement
Big impact on ecommerce sellers
Over the years, the economic impact of ecommerce has grown. States have found more and more ways to capture sales taxes from online transactions. More and more online sellers are being required to collect the taxes. The Supreme Court’s ruling in South Dakota v. Wayfair, Inc. accelerates this trend.
It’s clear that states are eyeing the Supreme Court’s ruling with interest. States will take as much advantage of the new rules as possible to broaden the reach of their sales tax nexus.
Ecommerce sellers need to stay on top of this changing landscape to make sure they’re following the nexus law.
The good news for small businesses is that the Supreme Court underscored the need to protect small businesses. Other states may not risk setting a lower threshold than South Dakota (i.e., $100,000/200 transactions). That means that some small businesses may be able to get a break from sales tax requirements.
However, the new ruling will almost certainly mean that many ecommerce businesses will have to start collecting and remitting sales tax on some or all their sales. Some sellers who have never before dealt with sales tax will have to dive into the complicated world of sales tax compliance. Others will see an increase in the number of states in which they’re required to collect sales taxes.
To sum up
Collecting sales tax can certainly be a confusing burden on businesses. But now many eCommerce businesses will be responsible for collecting sales tax.
These businesses will need to have a plan to manage these responsibilities. Managing sales taxes is going to be routine for many ecommerce businesses. Many agencies have already implemented a solution for automatic sales tax calculation. So without having to implement new processes in your ecommerce store, the nexus law should bother you a lot less.
Gail Cole began researching and writing about sales tax for Avalara in 2012 and has been fascinated with it ever since. She has a penchant for uncovering unusual tax facts, and endeavors to make complex sales tax laws more digestible for both experts and laypeople. Avalara is a leading provider of cloud-based tax and compliance automation solution for businesses of all sizes. Sign up for Avalara's 60-day free trial and find out how they can help your business grow.
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What Are Florida Wage and Hour Claims?
Every Florida employer must adhere to state and federal labor laws regarding employee pay and benefits. Such laws include the federal Fair Labor Standards Act (FLSA) and the Florida Minimum Wage Act (Section 448.110 of the State Constitution). These laws govern minimum wage rates, overtime pay, employer pay recordkeeping, and even protect minors in the workplace.
Roller Rubinstein helps employees file Florida wage and hour claims when their employer violates state or federal labor laws. If you have been unfairly compensated for your work and time, a wage and hour lawsuit can help you get justice.
- Have you not been compensated for working over 40 hours in a seven-day period?
- Have you been asked to work “off the clock” for extra hours?
- Has your employer offered extra time off in the future to compensate for overtime hours?
- Have you been paid under the minimum wage? (Florida’s untipped minimum wage increases to $12 per hour on September 30, 2023, and has planned $1 increases, reaching $15 by 2026.)
- Does an incorrect employee classification rob you of pay and benefits?
- Are you required to attend meetings or training without pay?
- Has your employer withheld earned pay or vacation time as a form of punishment?
These and many other scenarios are valid offenses against you that violate state and federal labor laws. An experienced Employment Law Attorney in North Miami Beach from Roller Rubinstein can explain these laws and identify other violations against you in a confidential evaluation.
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After yesterday’s bomb released by MP Antonio Milososki over the mafia tie between Zaev, the Supreme Court, Jovo Vangelovski and Katica Janeva, the regional media were very interested in this topic.
Serbian Informer reports that Zaev is not doing very well “Another audio bomb shakes the power in Macedonia: Zaev orders Supreme Court to dismiss Katica Janeva’s cases! The court cannot decide without Zaev knowing!”
The site says the audio bomb reveals that there were mafia links between the Supreme Court, SPO and Katica Janeva and they were agreeing to drop the cases.
Zaev admits that he arranged it with the Supreme Court President Jovo Vangelovski to bring down the cases led by Katica Janeva. “If we come to an agreement, it will end quickly, and if not later, but the Supreme Court has already ruled, reveals the audio tape,” Informer reports.
Albanian portal Gazeta Impact announces that opposition MP from Macedonia released a bomb bomb, of Zoran Zaev tapped: In close coordination with Janeva, Opposition MP Antonio Milososki releases a new “bomb” delivered to him by a whistleblower.
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When a bank makes a loan to a business it assumes some risk that the loan will go bad. Regulators, when they do their job, demand that the bank estimate that risk and hold capital against it. That’s safe and sound banking.
What if a bank embeds the same loan inside a derivative it sells to the business? Should the regulators treat that credit risk the same and demand that the bank estimate that risk and hold capital against it? Six U.S. Senators say “no.” They want bank regulators to turn a blind eye to credit risk so long as that risk is packaged inside an OTC swap. So much for safe and sound banking.
Yesterday Senator Mike Johanns (R-Neb.), Mike Crapo (R-Idaho), Herb Kohl (D-Wis.), Jon Tester (D-Mont.), Pat Toomey (R-Pa.) and Kay Hagan (D-N.C.) filed a bill (S. 3480) designed to block bank regulators from recognizing the credit risk embedded in OTC derivatives sold to end-users. Naturally the Senators’ press releases wax lyrical about how their bill protects these end-users by lowering their costs of managing risk. This is a dangerous illusion.
All American businesses suffer when the U.S. financial system is made unsafe and unsound. Following on the Dodd-Frank Act, banking regulators last year proposed a sensible rule finally requiring banks to properly recognize the credit risk embedded in the derivatives they sell. That’s safe and sound banking, and if this country can find its way back to a safe and sound banking system all of America’s businesses will benefit.
The proposed bill seeks to reverse course, directing bank regulators to turn a blind eye once again to obvious risks. It’s a seductive proposition. With a stroke of a pen, the Senators believe they can save a few businesses the costs associated with this credit risk. But no act of law can actually erase the credit risk and the associated cost. The proposed bill only encourages more unsound trading and the accumulation of unaccounted for risk. For a short while, certain businesses will benefit by not having to pay full fare for the risks they add to the banking system. It’s always good while the party lasts. But, in the end, we all lose.
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(Free Sample lessons include only 4 examples of each exercise. The full version of the product has from a dozen to several dozen sentences in one Unit.)
There are two prepositions given in each sentence. Read the sentence carefully and think which preposition can be correct. Then check the answer.
1) Your boss must act accordance the statutory requirements.
2) The company acted violation the environmental laws.
3) reference your last question, I have checked the provisions of the Code.
4) Substantive law deals the rights and responsibilities of citizens owed the state.
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Alabama could be on the edge of a constitutional crisis because of tensions over same-sex marriage that have pitted the state’s chief justice against the supreme court in a battle over state and federal law.
Last week, a federal judge ruled the state’s ban on same-sex marriage unconstitutional, just as her colleagues across the US have been doing over the past two years. Alabama officials are nonetheless putting up a fight, even though advocates for marriage equality are optimistic that the supreme court will this year rule against all state bans.
“Alabama has so far been more resistant to complying with the judge’s order and opinion than almost any other state,” said Carl Tobias, a law professor at the University of Richmond.
US district court judge Callie Granade struck down Alabama’s ban on Friday of last week . On Tuesday, she ruled against the ban again in a separate case, citing her previous ruling. Both decisions are temporarily on hold, though, so no same-sex marriages have happened in the state.
Granade, who was appointed by President George W Bush, said the ban was unconstitutional, echoing rulings made by judges at state, district and appellate level in the past two years. As several states have done before, Alabama appealed.
Alabama supreme court chief justice Roy Moore sent a letter to the state’s governor, saying the US constitution does not give the federal government the power to regulate Alabama law. He also said state judges should not issue licenses for same-sex marriages, though he did not legally prohibit them from doing so.
This led Granade to clarify in an order on Wednesday that state judges would have to allow same-sex marriages if the stays on her rulings were lifted. The Alabama Probate Judges Association said it would follow her judgement.
“The letter was extremely unusual and is based on very shaky legal grounds at best,” said Sonja West, associate law professor at the University of Georgia, about Moore’s words.
The supremacy clause of the US constitution says federal law takes precedence over state law. The most notable instances of states refusing to abide by such federal directives have primarily concerned racial issues.
Rulings for both Alabama cases are on hold until 9 February and the state has filed a request for an appeal in the 11th US circuit court. If its appeal is granted, Granade’s ruling will be stayed until the supreme court makes a ruling on same-sex marriage. That is due by the end of June. If the state’s appeal is denied, same-sex marriages will begin in Alabama, which will be the 37th state to legalize such nuptials.
The situation in Alabama is almost identical to what happened in Florida, where same-sex marriage became legal earlier this month. Florida officials fought rulings striking down the state’s ban, including one that applied to a specific county. This led to confusion across the state in county clerk offices, where marriage licenses are issued.
Eventually, the 11th circuit and the supreme court refused to grant stays on a district judge’s ruling against the state’s ban.
“There’s some real tension in the air between the federal judge’s ruling and state compliance,” said Tobias. “We’ll see what happens.”
The plaintiffs in the first Alabama case, Cari Searcy and Kimberly McKeand, married legally in California. They brought the challenge because Searcy is not allowed under Alabama state law to adopt McKeand’s biological son. A state and appeals court ruled against the couple before Granade ruled in their favor.
The plaintiffs in the second case, James Strawser and John Humphrey, are seeking the ability to get a marriage license in Alabama. They have not been married in another state.
The supreme court said earlier this month that it will take up the issue in its current session.
guardian.co.uk © Guardian News and Media 2015
Russian trolls start hyping COVID-19 misinformation — and Rudy Giuliani’s crazed rants about the Bidens
Russian trolls recently have started hyping a mix of misinformation about the coronavirus and crazed conspiracy theories posted by Trump attorney Rudy Giuliani.
The Daily Beast reports that one of the trolls' main information operations revolves around blaming the United States Department of Defense for purportedly creating the coronavirus, even though all credible epidemiologists agree it originated in China.
"The story, posted to Russian-language blogs and Reddit by multiple fake personas, tries to pin the blame on the COVID-19 outbreak on the U.S. and Kazakhstan by casting the virus as the byproduct of a U.S. nonproliferation program in the country," the publication finds. "The trolls pointed to social media posts by a group of hackers calling themselves 'Anonymous Kazakhstan.'"
New single-day record for NY virus deaths but hospitalizations fall
America's coronavirus epicenter of New York recorded a new single-day high of 799 COVID-19 deaths Thursday but Governor Andrew Cuomo said the rate of hospitalizations continued to fall.
Cuomo said 799 people died in the last 24 hours, outdoing the previous high of 779 announced on Wednesday, but added that the curve was flattening because of social confinement measures.
"We had a 200-net increase in hospitalizations, which you can see is the lowest number we've had since this nightmare started," Cuomo told reporters, adding that intensive care admissions were also at the lowest yet.
Meghan McCain nails Trump after he attempts to honor former prisoners of war
This Thursday, President Trump fired off a tweet commemorating National Former Prisoner of War Recognition Day, writing, "we honor the more than 500,000 American warriors captured while protecting our way of life. We pay tribute to these Patriots for their unwavering and unrelenting spirit!"
The post was noticed by Meghan McCain, who is a talk show host and daughter of the late Arizona Senator John McCain, who Trump disparaged in past comments regarding his being taken prisoner during the Vietnam war.
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A disgraced former lawyer who was convicted of killing his wife and son after a six-week trial that riveted the United States has been sentenced to two consecutive life sentences.
Throughout the trial, Alex Murdaugh had said he was not guilty in the June 7, 2021, shooting deaths at the family’s sprawling residential and farming compound in the US state of South Carolina.
Keep readinglist of 3 items
Judge Clifton Newton on Friday suggested Murdaugh’s opioid addiction may have made him “a monster” and that “the person standing before me was not the person who committed the crime, though it’s the same person.”
Before handing down the sentence, Newton said the murders qualified for the death penalty, but he did not “question at all” the prosecutors’ decision to not pursue that option.
Murdaugh maintained his innocence before sentencing.
“I respect this court, but I am innocent, and I would never under any circumstances hurt my wife, Maggie, and I would never under any circumstances hurt my son Paw-Paw,” Murdaugh said, using a nickname he used for his son Paul.
Murdaugh is part of a legal dynasty. He was sentenced in the same courtroom on the circuit where his father, grandfather and great-grandfather tried cases as elected prosecutors for more than 80 years. His grandfather’s portrait hung in the back of the room until the judge ordered it taken down for the trial.
Instead of the dress shirt and sport coat he wore through the six-week trial, Murdaugh, who made millions suing big companies on behalf of people injured in accidents, arrived at court in a jail jumpsuit the day after he was convicted of two counts of murder.
The Colleton County jury deliberated for less than three hours before finding Murdaugh guilty of killing his 22-year-old son with a shotgun and his 52-year-old wife with a rifle.
Juror Craig Moyer told US broadcaster ABC News that when deliberations began, the jury immediately took a poll that came back with nine guilty votes. It didn’t take long to persuade the other three jurors to convict Murdaugh.
The juror agreed with prosecutors that the key piece of evidence was a video locked on his son’s cellphone for a year – video shot minutes before the killings at the same kennels near where the bodies would be found.
The voices of all three Murdaughs can be heard on the video although Alex Murdaugh had insisted for 20 months that he hadn’t been at the kennels that night. When he took the stand in his own defence, the first thing he did was admit he had lied to investigators about being at the kennels, saying he was paranoid of law enforcement because he was an opioid addict with pills in his pocket the night of the killings.
“A good liar. But not good enough,” Moyer said.
Prosecutors did not have the weapons used to kill the mother and son or other direct evidence like confessions or blood spatter. But they had a mountain of circumstantial evidence, including the video putting Alex Murdaugh at the scene of the killings five minutes before his wife and son stopped using their cellphones forever.
“As appeals are probably expected, I would not expect a confession of any kind,” Newton said on Friday.
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LONDON (Reuters) - British police said they had arrested two more people over the deaths of 39 people found in a truck, believed to be Chinese nationals, on suspicion of human trafficking and manslaughter.
A man and a woman, both aged 38, were arrested in Warrington, northern England, Essex police said. The driver of the truck, a 25-year-old man from Northern Ireland, remains in police custody having been arrested on suspicion of murder.
Reporting by Michael Holden; editing by Stephen Addison
Our Standards: The Thomson Reuters Trust Principles.
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A security lockdown in India-administered Kashmir has continued for a second day. The measures come after Wednesday’s death of 91-year-old separatist leader Syed Ali Sha Geelani. He had been under house arrest for the past 12 years and had been in poor health before his passing.
Geelani buried without family
The late politician’s family members have accused police of forcibly burying him. Geelani’s son Naseem told DW his father’s body was taken in the early hours of the morning, despite the family insisting they would be burying him in accordance with religious customs.
Indian authorities said they decided to bury Geelani without any of his family members present. They’ve also denied the family’s allegations of a forced burial, saying they are “baseless rumors” and are being made by those with “vested interests.”
Videos on social media show highly agitated family members appearing to scuffle with police shortly before Geelani was taken away. His body was draped in the flag of Pakistan.
Islamabad observed an official day of mourning following Geelani’s death. Mosques in the restive region have said they would be saying special prayers honoring him.
Thousands of police and troops have descended on Kashmir following the death of the separatist leader. Armed personnel patrolled the streets of the main city of Srinagar to enforce restrictions on movement and communication.
Internet and telephone communications have been blocked since Geelani’s death.
Late on Thursday, there had been confrontations between residents and security forces. Teargas was used to disperse protesters.
The region has long been a major bone of contention between India and Pakistan, with the drawn-out dispute having killed tens of thousands. New Delhi stripped away the region’s semi-autonomous status in 2019 as it instituted a raft of new laws.
The region is under the direct control of New Delhi.
kb/sms (AP, AFP)
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In a recent ruling by the Wisconsin Supreme Court, it was determined that evidence seized in a person’s private home during a warrantless search can be used against the person under an expanded view of the “community caretaker” clause. They didn't even have to use that as precedent, since SCOTUS had already ruled warrantless search was allowed in 2014.
Not many people know that every one of the first ten amendments of the Constitution have already been abridged through Congressional legislation and SCOTUS rulings. The most egregious violations came recently with the so-called Patriot Act but the government has a long history of eviscerating the Bill of Rights. Some have been rationalized as necessary due to time of war, others reactions to espionage and liberal incremental change. On the surface, all the violations seem reasonable, but that was the purpose of the Bill of Rights -- to prevent those who would make agenda-driven excuses from being able to take individual rights away from the people.
Even though activist groups are always trying to re-establish lost rights, they have an uphill battle. There are so many rulings to fight, so much precedent to overturn, that even the most determined defenders are up against a formidable enemy that seems to be invulnerable.
We need to remember, the Bill of Rights does not define what the government allows. Its purpose is to forbid government taking away our inalienable rights. If we allow the continued violation of those basic rights, we have no one to blame but ourselves when the supposed republic that should represent the people becomes a totalitarian despot that oppresses us.
Speak up, work for your rights. No one else can do it for you. Government certainly won't.
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Man who died after being detained in Custom House named by police watchdog
- Credit: Archant
A man who died after being detained at ExCeL London has been named.
Police watchdog, The Independent Office for Police Conduct (IOPC), named him as Jason Lennon as it launched an investigation into the circumstances surrounding the 37-year-old's death.
IOPC regional director Sal Naseem said: "My thoughts and sympathies are with Mr Lennon's family, friends and all those involved in the incident.
"We have made contact with Mr Lennon's family to explain our role and offer support."
Met Police officers were called to Cundy Road, Custom House, at 7.15am on Wednesday, July 31, after receiving calls from people reporting a fight and concern for a man in the street.
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Mr Lennon, who was one of three men involved, made his way to ExCeL London where he was detained by security guards and then by the police.
An IOPC spokeswoman said: "He was handcuffed for a very short time before it became clear he was unwell.
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"First aid was given to Mr Lennon and paramedics arrived shortly afterwards."
But he later died after being taken to an east London hospital.
The Met referred itself to the IOPC, which is standard in cases where a death has occurred following police contact, and IOPC investigators were sent to the area.
The watchdog declared the day of the incident that an independent investigation would take place.
Mr Naseem said: "We will provide regular updates to Mr Lennon's family and the officers involved about the progress of our independent investigation."
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1. Waters offshore from the coasts of the Commonwealth for a distance of three geographical miles as determined by appropriate metes and bounds surveys approved by the Virginia Institute of Marine Science and the Virginia Marine Resources Commission in consultation with the Bureau of Ocean Energy Management pursuant to a decree of the United States Supreme Court in U.S. v. Maine, 423 U.S. 1 (1975), and the Submerged Lands Act, 42 U.S.C. § 1301 et seq.
B. The ownership of the waters and submerged lands enumerated or described in subsection A shall be in the Commonwealth unless it shall be, with respect to any given parcel or area, in any other person or entity by virtue of a valid and effective instrument of conveyance or by operation of law.
1. The jurisdiction of the Commonwealth over any person or with respect to any subject within or without the Commonwealth which jurisdiction is exercisable by reason of citizenship, residence, or for any other reason recognized by law.
2. The jurisdiction or ownership of or over any other waters or submerged lands, within or forming part of the boundaries of the Commonwealth. Nor shall anything in this section be construed to impair the exercise of legislative jurisdiction by the United States over any area to which such jurisdiction has been validly ceded by the Commonwealth and that remains in the ownership of the United States.
D. Nothing in this section shall alter the geographic area to which any act of the General Assembly applies if the act specifies the area precisely in miles or by some other numerical designation of distance or position. However, nothing in the act or in this section shall be construed as a waiver or relinquishment of jurisdiction or ownership by the Commonwealth over or in any area to which such jurisdiction or ownership extends by virtue of this section or any other provision or rule of law.
Code 1950, § 7-1.1; 1960, c. 518; 1966, c. 102, § 7.1-2; 1972, c. 689; 2005, c. 839; 2016, c. 371.
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Hamden police arrest man accused of breaking into cars, stealing items
HAMDEN >> Police arrested a man Wednesday accused of allegedly breaking into motor vehicles and stealing items from inside.
Carl Meisler, 37, of Providence, Rhode Island, is charged with two counts of third-degree burglary, five counts of weapons in a motor vehicle, fourth-degree larceny, sixth-degree larceny, interfering with an officer and simple trespassing, police said.
At approximately 12:30 a.m. Wednesday police responded to the 2800 block of Whitney Avenue on the report of a “male breaking into cars.”
Moments later, an officer observed Meisler standing near a parked motor vehicle. He was apprehended a short time later after a foot pursuit, police said in a news release.
The investigation revealed that several motor vehicles had been forcibly entered. Officers allegedly found numerous stolen items as well as three BB guns and two large knives inside Meisler’s vehicle, police said.
He was held in lieu on a $5,000 bail and issued a court date of Aug. 3.
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To change a light bulb?
Just one, Trekkies are no different from anyone else, unless of course they are physically impaired, then, if attempting to change a light bulb they should ask for assistance from another person.... preferably able bodied.
To Move a Grand Piano?
Depends on the size of the piano and where it is going to be moved to. I would suggest 4 is a good number for most situation.
To sexually gratify a small dog?
None. This is an illegal activity in most places (not in Ireland where it is actually encouraged)therefore any person, Trekkie or not, would face the full consequences of the law and of course the Federation if they touch ANY animal inappropriately. This includes bribing the dog with the reward of licking "Bones".
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A daycare teacher who turned her classroom into what prosecutors said was a “baby fight club” could spend decades in prison after she was found guilty of child cruelty.
Sarah Jordan, of Woodbridge, Virginia, was convicted on more than a dozen charges after the court heard how she tripped children, stepped on their toes, encouraged them to fight each other and sprayed them in the face with a hose.
Prosecutor Ashleigh Landers said that the atmosphere Jordan has created was “almost creating like a baby fight club” and had done huge damage to the children.
Parents testified that their children suddenly became fearful of water and started acting in ways similar to the abuse described in the classroom, such as stepping on others’ feet.
Speaking to CBS after the verdict, the parents said they were happy with the outcome.
Parents Blake Buckner said he had a son that was placed under Jordan’s care and said he was forced to fight.
“The teacher was making him the class bully made to fight. It was hard to hold back tears, emotional, it was very deep,” said Mr Buckner. “She knows what she did. Justice has prevailed.”
After a trial, a Prince William County judge convicted Jordan of 13 offences, including child cruelty and assault and battery.
Jordan testified on Wednesday in her own defence and denied the accusations. She said she occasionally used the hose to sprinkle kids with water because the sprinkler attachment was broken but that she never tried to hurt them.
The teacher’s bond was revoked and she was sent to jail pending her sentencing in May.
Her lawyer, Adrian Showells, said Jordan still had the right to appeal against her conviction but otherwise declined to comment.
A lawyer representing many of the families, James McCoart, said: “Her actions were not only…cruel and traumatic, but outrageous criminal conduct on our community’s most vulnerable.”
The parents are considering a class action lawsuit against the school.Reuse content
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September 21, 2009 2:58:36 am
Robert Borks America is a land in which women would be forced into back-alley abortions,blacks would sit at segregated lunch counters,rogue police could break down citizens doors in midnight raids. So began Edward Kennedys famous polemic on the US Senate floor in 1987,barely an hour after a Republican president nominated Bork to the US Supreme Court. Bork later protested that not a single line in that speech was true,but Senator Kennedy had achieved the desired effect: Borks nomination was rejected by the Senate. In the process it called into question (others say validated) Americas judicial appointments regime.
Epistolary accusations,by senior lawyers,against the nomination of Karnataka high court Chief Justice P.D. Dinakaran to the highest court of the land are fast turning into our own Bork moment. How will our senate vote?
The answer is not just that we have no senate,but that we have no equivalent. A collegium of the five senior-most Supreme Court judges shortlist nominees themselves,then decide among these names. There is no political oversight either executive or legislative nor is there a forum for the public to air grievances. In the Dinakaran case this has meant that the collegium is in effect hearing a complaint against its own decision. (This is because,since the collegium has already recommended Justice Dinakarans name,the lawyers complaint could be construed to be both against the judge as well as the collegiums decision. But since the lawyers have no other recourse,it is the very same collegium that hears the complaint.)
How does one ensure that an appointment,for that matter any decision,is fair? World-over,two broad checks and balances have emerged: first,that more than one independent body must decide (an agreement between unconnected people will be fair); second,that the decision be open to public scrutiny (transparency ensures fairness).
The appointment of Supreme Court judges in the US exhibits both features. For one,while the president (executive) proposes,it is the Senate (legislature) that must dispose. Though the presidency and the Senate are often controlled by the same party as it is currently separate elections (unlike in India) mean that there is some semblance of independence. The second,more subtle,check is public scrutiny. Senate confirmation hearings are watched live by millions. Ordinary citizens,even former employees of the nominee,testify. Nominees are grilled on jurisprudence as well as personal beliefs. The intensity of the spotlight can be debilitating what Justice Clarence Thomas famously called a high-tech lynching after embarrassing details of his alleged sexual improprieties with a former employee emerged. This may be impractical for India,but the incentive to dig for dirt Robert Borks video rental history was leaked to the press does ensure that American presidents exhaustively vet any candidate before nominating him or her.
In India,there has always been a single institution in charge of deciding appointments. Until 1993,the law ministry was the sole arbiter; the constitutionally mandated consultation with judges was adhered to only when convenient. For instance,in his book Law,Lawyers and Judges former law minister H.R. Bhardwaj mentions two occasions,in 1985 and 1991,when the chief justices recommendations were not acted upon by the law ministry. But since 1993 (second judges case) and 1998 (third judges case),it is the judges who call the shots. Which is why there is no other forum where Justice Dinakarans appointment can be questioned.
How did the judiciary derive so much power to itself,and why did the legislature silently stand by? The answer to the first question (over-reach) is opposite to the second (under-reach). For if Indira Gandhis tenure (she superseded judges on two occasions as punishment for unfavourable verdicts) highlighted the dangers of a committed judiciary,the era of coalition politics since then has caused a fractured executive,unwilling to confront their lordships.
No reasons are ever assigned to judicial appointments,nor is any opportunity provided for the public at large to debate,let alone question,nominees. This is unfair even to Justice Dinakaran should he not have the right to a fair process before his reputation is besmirched? This months judgment of the Delhi high court,that the Right to Information Act applies to the Supreme Court Chief Justices office,theoretically changes that. It might even be possible to file an RTI application asking for the minutes of the meeting in which Justice Dinakaran was nominated. Whether their lordships acquiesce is an entirely different question.
There are suggestions,such as those from jurist Fali Nariman,that an ombudsman independent of the collegium examine allegations against judges. This addresses the issue of cross-institutional fairness. Nonetheless,long-term changes that incorporate this idea,such as the proposed national judicial commission,are in limbo in part because they envisage decision-making by a wider body. A system that is both insular and opaque is bound to make some bad choices. That the Supreme Court retains the publics trust,despite having few checks and balances,speaks of its remarkable integrity. It is within this framework that the current controversy must be settled.
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By Vincent Browne
Garret, the Garda Review and senator Sean O'Leary
Charlie Haughey has been of the belief in recent months, we understand, that the election could be run and won on a one issue platform - the one issue being the Northern Ireland question. This proves, once again, that politicians never learn anything from past experience. Jack Lynch tried that one on in 1973 and came a cropper as prices and jobs took over as the main themes of the campaign after the first week.
Garret FitzGerald interviewed by Vincent Browne
Magill: I remember a conversation I had with you in 1967 at a dinner given by Liam Cosgrave in the Gresham for Fine Gael's education policy committee in which you said that your primary objective would be, if you ever became Taoiseach, a redistribution of wealth. Is this still your objective?
When Noel and Marie Murray were sentenced to death in 1976 for the capital murder of Garda Reynolds there was a widespread belief that it would be unthinkable that the Coalition Government, comprising so many self-confessed liberals, would not commute the sentence to life imprisonment. In the event the issue didn't arise because of the intervention of the Supreme Court but there has been telling evidence since then that, had it come to a decision by the cabinet at the time, there would have been a majority in favour of execution.
Their divergent lifestyles and temperaments have prompted more than one acquaintance to describe them as, "the odd couple", with Owen O'Connor playing Oscar to Niall O'Sullivan's Felix. But whatever the most apt analogy may be, they combine into one of the most effective and enterprising teams in Irish advertising.
That an assessment of the budget must be done strictly in terms of considerations of political expediency is a reflection on the degeneracy of Irish politics generally. In a report on the Labour Party in this issue, we show how removed that party's deliberations are nowadays from any socialist perspective.
The basic problem of Northern Ireland continues to be the existence of the state itself
The intractability of the Northern Ireland problem was as well demonstrated in the first month of 1981 as at any other time in the last 60 years. Blatant bias was displayed in the courts in favour of British soldiers who had brutally murdered two farm workers in October 1972, with the senior soldier involved, Captain Snowball, being freed having pleaded guilty to being an accessory after the fact - an offence which would merit any republican at least 12 years imprisonment.
The H-Block issue has caused divisions in Irish society deeper than any exposed during the last decade of troubles in Northern Ireland. Not alone are the unionist and, nationalist communities now sharply polarized again, but there has arisen the spectre of a deep and hostile division between the nationalist community in the North and the vast majority of the people of southern Ireland.
The Berry Papers reveal that the purpose of the secret meeting between Desmond O'Malley, then Minister for Justice, and Charles Haughey, then a defendant in the arms trial, on September 9, 1970, was for the purpose of getting Mr. Peter Berry to withdraw his evidence against Mr. Haughey. The Papers disclose that Mr. Haughey enquired of Mr. O'Malley if Mr. Berry could be "induced", "directed" or "intimidated" into not giving evidence.
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After the ban on the sale of liquor in Bihar 2016, Madhya Pradesh chief minister mulled the same idea in the state to increase his vote bank.
Moving ahead with his plan, Chief Minister Shivraj Singh Chouhan shut down 58 liquor shops located within a five kilometer radius from the banks of river Narmada during his ‘Narmada Sewa Yatra,’ and also promised a blanket ban on the sale of liquor in the state before the assembly elections.
On April 2017, CM Chouhan announced that alcohol prohibition will be implemented in the entire state by closing all liquor shops in a phased manner, and banning it within a radius of five kilometers of Narmada banks was just the first phase.
However, his plan was foiled when finance minister of the state, Jayant Malaiya, said in the state assembly during monsoon session that banning the sale of liquor would hurt the government’s coffers and will also hurt the sentiments of the tribal population of the state.
Also Read: Under BJP Rule in Gujarat, Prohibition Has Become a Farce
It is worth mentioning that, Madhya Pradesh has the largest tribal population in the country, with tribals constituting 21.1% per cent of the state population. As per the 2011 census, there are 46 different tribal communities in the state.
Referring to a statement made by the World Health Organization (WHO), he claimed ‘The WHO concluded that completed prohibition on the liquor would be irrational in the present context.’
With the assembly elections being months away, the government’s U-turn on the liquor prohibition plan may affect CM Chouhan’s vote bank. After CM’s announcement, several campaigns had also been launched to make Madhya Pradesh a dry state.
To prove his claim, Finance Minister further argued that post-independence, prohibition was imposed in 10 states – Mizoram, Manipur, Nagaland, Gujarat, Andhra Pradesh, Haryana, Karnataka, Kerala, Tamil Nadu, and Bihar. However, Mizoram, Andhra Pradesh, Haryana, Kerala, and Tamil Nadu lifted the ban.
Later, he quoted an American author, Sam Harris, to convince the house, “Evidence affirms the sound economic theory which predicts that prohibition of mutually beneficial exchange is doomed to failure.”
Replying to a question asked by Congress MLA Jitu Patwari about the statewide liquor-ban, Finance Minister Malaiya said, “Currently, no proposal for imposing prohibition in the state is under consideration.”
Later, while talking to the media, Congress MLA Jitu Patwari said, “The government has taken the U-turn on many issues and liquor prohibition is one of them. CM has turned the state into a state of drunkards. Most of the youth started drinking liquor due to its frequent availability, which is fatal for their health. They do not care about the youth.”
Denying liquor prohibition, Finance Minister said it is not practical to impose prohibition as Madhya Pradesh shares its boundaries with five other states – Uttar Pradesh, Chhattishgarh, Rajasthan, Gujarat, and Maharashtra. Barring Gujarat, alcohol isn’t prohibited in any of these states. Hence, enforcing prohibition would lead to the smuggling of liquor into the state.
Also Read: How the Bootlegging Industry is Flourishing in the Dry State of Bihar
Referring to the effects of prohibition, he further argued that the sale of liquor generates revenue worth Rs 8,500 crore per annum, which is used by the state government to fund public welfare schemes and liquor ban would harshly affect these schemes.
Moreover, to make up for the revenue loss due to prohibition, taxes would need to be imposed on other commodities, which would make them more expensive. Number of pending cases in courts would increase.
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ECJ ruling on IRPH could be material, the European Court of Justice (ECJ) is going to rule on the sale of Spanish mortgages linked to the IRPH index at the end of 2019 but beforehand, on the 10th September 2019, the EU Advocate General is expected to release its opinion on the matter. DBRS expects the ECJ to declare the sale of those mortgages as transparent, confirming the Spanish Supreme Court ruling in 2017. However, an adverse ruling for banks could leave the door open for additional costs for the banks. If this is the case, the final outcome and impact on banks is challenging to estimate since it depends on multiple variables, but it could be material.
The legal issue under debate: transparency on the sale of mortgages
The legal issue under debate is the transparency of the sale of consumer mortgages linked to the IRPH index (Índice de Referencia de Préstamos Hipotecarios). The IRPH is an official index calculated by the Bank of Spain used in Spain for variable interest rate mortgages as an alternative to Euribor. As IRPH has registered higher rates than Euribor, consumers have claimed that the index was not disclosed in a transparent manner when the mortgage contract was signed. Since 2013 there have been First Instance courts in Spain ruling in favour of clients. These rulings determined that in
order to be transparent, the contract should include a full explanation of the index, comparisons with other indices, historical evolution and forecast of the indices. However, the Spanish Supreme Court established in its ruling of December 2017 that just stating the index was enough to pass the transparency requirement.
Nonetheless, a preliminary ruling was formulated to the ECJ by a First Instance Court on February 2018 to see if the ruling of the Spanish Supreme Court was in accordance with European consumer legislation. On 10th September 2019, the EU Advocate General is expected to release its opinion and the ECJ final ruling is expected by the end of 2019. The final ruling could leave the door open to substantial additional costs for Spanish banks if the ECJ declares that the sale of IRPH mortgages was not transparent. If this is the case, the remediation action could be either to leave the mortgage contract in place but with no requirement to pay interest, or to reference the contract to another index such as Euribor, not only for the rest of the life of the contract but also potentially for past amounts.
IRPH residential mortgage volumes have come down from previous levels
DBRS estimates that Spanish banks have granted around EUR 108 billion of residential mortgages linked to IRPH since 1999 or around 7.6% of the total residential mortgages granted. However, the popularity of this index has declined over time and whereas residential mortgages linked to IRPH represented around 12% of the total originated volumes in 2004, since 2016 these mortgages represented less than 1% of the total contracts signed. This is the result of a change in market practices, as banks have been focusing more on Euribor for variable interest mortgages. In addition, banks have been increasingly offering mortgages with fixed rates since 2011. Notably, there has also been a large difference between regions with Catalonia being by far the region with the most IRPH mortgages loans granted. DBRS calculates that around 36% of the total IRPH residential mortgages granted since 2004 were in Catalonia.
However, the current remaining mortgage exposure of Spanish Banks is not EUR 108 billion, but substantially lower. DBRS estimates that the aggregated exposure of the 12 largest banks in Spain (those supervised by the SSM), amounts to around EUR 20 billion at end-1H19. Extrapolating to the whole system, this would be an amount of circa EUR 23 billion. The difference between the estimated outstanding amount and the total granted amount is due to several factors. One factor is the natural amortisation of the mortgage book, which explains most of this difference. In addition, banks have offered clients the possibility of transferring existing residential mortgages linked to IRPH to other indices or to fixed rates. Indeed, DBRS estimates that for the 12 largest banks in Spain, the aggregate domestic mortgage book at mixed or fixed rates is around 20% of the total domestic
mortgage book, with some banks at 40%. This could also highlight a proactive approach by the banks to switch IRPH loans into fixed rate loans, thus reducing the current exposure of IRPH residential mortgages loans.
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The South Korean government is working on a plan to compel automakers and car importers to sell green cars. Those in the industry, however, are pointing out that infrastructure establishment should come first and various incentives should be provided if the plan is to be carried out.
Minister of Environment Jo Kyeong-kyu said on October 18 that such a plan similar to that currently in effect in the United States can be a matter to think about in South Korea. In the United States, green cars must take up at least 2% of cars that are sold every year and those violating the regulation are subject to fine.
“This year, the South Korean government is planning to reach an electric vehicle supply volume of 10,000 cars but the actual supply stood at half of it until the end of September,” the minister went on to say, adding, “This is because Hyundai Motor Company’s Ionic production volume has dipped below 1,000 units a month due to the recent strike, most of the cars were sent to the U.S. because of the quota and only 200 or so Ionics were supplied to the South Korean market a month as a result.”
The government is currently looking into the cases of other countries before in-depth discussions and is planning to apply the same rule to South Korean and foreign automakers in the case of actual implementation. The cases include six Chinese cities and some EU member countries. In the former, the total number of cars on the road is being controlled except for electric vehicles. A resolution to ban diesel cars has been adopted lately in the latter.
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A 26-year-old man raped and murdered a “drunk and vulnerable” student in an act of sexual violence before putting her body into a river, a court has heard.
Libby Squire ‘disappeared’ from a bench in Hull on a bitterly cold night in 2019 – and was never seen alive again.
Having been turned away from a local nightclub, she headed towards her home but never arrived.
Tragically, on March 20, Libby’s body was recovered from the Humber Estuary, close to Spurn Point.
Pawel Relowicz had come across Libby, who was “drunk”, “likely hypothermic” and “in deep distress”, on a road in Hull and driven her away from safety to a remote playing field, Sheffield Crown Court heard today.
Libby’s body was recovered by a lifeboat around seven weeks later after being spotted in the Humber Estuary by the skipper of a fishing boat.
Relowicz denies raping and murdering Libby Squire.
Richard Wright QC, opening the case for the prosecution, said Libby had “seemingly disappeared” on the freezing cold night of January 31, 2019 after being refused entry to a nightclub.
He said: “She was drunk, she was likely hypothermic, and she was in deep distress.
“She had lost her house keys, she was crying, she had fallen repeatedly to the floor as she tried to walk and she was extremely vulnerable.”
Mr Wright told the jury that some “good citizens” tried to help her, but she became agitated and they left her by the roadside.
He said: “From there she seemingly vanished.
“One man knew very well where Libby had gone. That man is the defendant, Pawel Relowicz.
“He lived with his family in a residential street a short distance from Libby’s home and he had come across her, drunk and vulnerable as she was, on Beverley Road, in Hull.”
Mr Wright told the court that Relowicz drove Libby to nearby playing fields at Oak Road – a “remote spot” that he was familiar with and chose “so that he would not be disturbed”.
He said: “At Oak Road, having exited his vehicle, we say that Pawel Relowicz raped Libby and that he killed her, causing her death during that act of sexual violence, which culminated in his putting her, dead or dying, into the cold waters of the River Hull that bordered the edge of that playing field.
“It was from there that Libby’s body travelled into the Humber and then out to sea to be recovered by the lifeboat on March 20.”
On the evening of January 31, Libby had drinks with friends and was said to be in “good spirits”, but as they walked to The Welly nightclub, she seemed drunk and staff at the venue refused her entry, the court heard.
Mr Wright said her friends put her into a taxi and paid the driver in advance for the fare but, on being dropped near her home, she fell and landed face first on the ground and walked “away from the safety of her front door” and towards Beverley Road.
He told the jury that a group of students heard Miss Squire crying outside their house and they let her in but she left, saying that she wanted to go home.
The barrister said the philosophy student, who would not take her phone with her on a night out because she had smashed too many screens, had dropped her house keys in the garden of the house.
Pawel Relowicz is standing trial accused of the rape and murder of Hull student Libby Squire.
Relowicz, 26, formerly of Raglan Street, off Newland Avenue, was charged with her rape and murder in October the same year.
He was due to stand trial in June 2020 but it was delayed due to the coronavirus pandemic.
Relowicz will now stand trial from today before Judge Lambert.
The trial will take place at Sheffield Crown Court and is expected to last four weeks.
Source: The Mirror
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23/7: Pelican Bay Prison and the Rise of Long-Term Solitary Confinement
In 1852 Charles Dickens said of solitary confinement, "I hold this slow and daily tampering with the mysteries of the brain, to be immeasurably worse than any torture of the body: and because its ghastly signs and tokens are not so palpable to the eye and sense of touch as scars upon the flesh; because its wounds are not upon the surface, and it extorts few cries that human ears can hear; therefore I the more denounce it, as a secret punishment which slumbering humanity is not roused up to stay."
Closing in on two centuries later, Dickens might be surprised to find the specter of solitary confinement alive and well in the United States of America. He would be forgiven for wondering how a modern democracy, a "beacon of light" in a dark world, could permit a punishment that the Supreme Court referred to in 1890 as barbaric.
Compelling answers to this perplexing question can be found in Keramet Reiter's excellent new book, 23/7: Pelican Bay Prison and the Rise of Long-Term Solitary Confinement. Reiter, a professor at the University of California, Irvine School of Law, and nationally known expert on solitary confinement examines the history of solitary confinement in America and its nefarious journey from an unacceptable form of torture to an everyday aspect of modern corrections.
Using California's Pelican Bay as her main vehicle, Reiter explores the rise of the supermax. Spurred by fears of gang violence and deadly riots, prison administrators sought and received funding and blessing to build concrete fortresses in which they would house "the worst of the worst." With little oversight, bureaucrats chose who would live in solitary confinement and for how long.
The conditions endured by those in solitary confinement are known to cause and exacerbate mental illness. Lack of human contact, a diet that borders on starvation, and extreme idleness contribute to what has been called "SHU Syndrome." With the rise of the supermax came indeterminate terms of solitary confinement. Thousands of prisoners across the nation live in conditions deemed torturous centuries ago, for years and decades on end. Even the United Nations has denounced the practice.
Reiter spends a considerable amount of text examining judicial oversight of supermaxes, and several landmark cases are discussed at length. While judicial decisions put a stop to the physical abuse of prisoners in solitary confinement ("Pelican Bay guards stopped freely scalding, caging, beating, and shooting prisoners"), they had an unintended consequence. Prison administrators took away from judicial decisions the minimum standards of humane treatment of prisoners, and established them as maximum "privileges" available to prisoners. In this way, a practice long considered torturous became a normalized part of modern corrections.
The history of Pelican Bay and the rise of the supermax makes for an engrossing read. But what makes Reiter's book truly remarkable are the personal stories of the men who have been held in solitary confinement for years and decades. Who are these people, and why are they so dangerous? What has the experience of long-term isolation done to them? The answers to these questions are both surprising and saddening.
One day the people of this country will look back at our national experiment with long-term solitary confinement in shame. That day will not come until we begin to acknowledge that the people we put in concrete boxes for decades on end are human beings first, felons second. Reiter's work is a first-rate examination of the rise of supermaxes. But the stories of the real people held in supermaxes makes this book an important contribution to the public discourse on how we punish and why.
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Identify and briefly explain 3 limitations of using victim surveys to study youth offenders
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Identify and briefly explain 3 limitations of using victim surveys to study youth offenders (9marks)
Firstly, there is the issue of age in studying youth offenders. This can cause several problems for a researcher. In terms of access, victims of youth offending are usually youths themselves, and there is no readily available list of victims for researchers to use; this makes it difficult to obtain a representative and insightful sample. Also, due to age, there may be issues of gaining consent from parents and this causes further issues as some may be unwilling for their children to participate. For example, in the British Crime Survey they exclude under 16s to avoid these problems, but as young people are often at the centre of crime in terms of victims and offenders this removes a very important group.
Secondly, the very nature of victim surveys is to probe into areas that may be sensitive to a person who has been a victim of crime. Researchers have to be especially aware of this when surveying young people. Due to the possible distress that may be caused, it may be inappropriate to ask young people about certain issues, such as
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4 Nov 2019TV Shows
In this full episode of Kharuhaas Luang Jai, Ranchod convinces the goons to take him to the hospital. Karan gets Ranchod's son to the hospital to find his mother. Karan decides to go to Delhi, while Abha defends Aruna in court. Abha plans to find D.M. Sikhawat to prove Aruna's innocence.
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FORT LAUDERDALE AND MIAMI MEDICAL MALPRACTICE LAWYER
DO YOU NEED AN EXPERIENCED ADVOCATE? CALL (954) 951-2405!
Medical negligence is actually more common than you think. According to the Journal of the American Medical Association (JAMA), it is the third leading cause of death in the United States. However, it is not the same as medical malpractice. Malpractice involves proving a medical professional’s negligence directly led to the injury or damage of the patient.
Types of medical malpractice include:
- Mistakes in prescribing or administering medication
- Surgical errors
- Negligence affecting pregnancy and childbirth
In order to pursue a medical malpractice case in Florida, four elements must be present before proceeding. These factors include duty, breach, causation, and damages.
Duty means a health care professional must owe an individual a responsibility to act reasonably and appropriately. For example, if you have a family friend who is a medical practitioner, and you ask them an offhand question at dinner, their response cannot be blamed for your actions regarding a potential illness or condition. You must be seeing the doctor or medical professional for a particular reason in his or her office with the intention of diagnosing or treating a problem. In this setting, his or her duty is to help you medically resolve the issue. A failure to do so would be considered violating his or her duty.
Because a medical professional is obligated to help you if you visit their office for medical advice or treatment, it is their responsibility. If they don’t meet this obligation, it is considered a breach of duty. Doctors and other medical professionals must meet a certain standard of care. This standard of care means any reasonable doctor would act a certain way or provide precise treatment for the patient’s medical care.
If a medical professional has breached his or her duty to the patient, and the breach led direction to some harm to the patient, the breach caused the injury. For example, if a misdiagnosis leads a patient to believe he or she does not have cancer, and the patient is never treated for it, any progression of cancer that leads to further damage or death would be caused by the initial misdiagnosis.
Using the above example, if a doctor doesn’t diagnose a person’s cancer, and the disease causes a person’s death, the breach would have caused irreparable damage to the patient and his or her family.
CALL US ABOUT YOUR CASE TODAY!
If you’ve experienced severe damage as the result of medical negligence, you might have a medical malpractice case on your hands. Talk to one of our experienced Florida personal injury attorneys at Pazos Law Group. We will do our best to examine your case and provide you with an honest assessment of your situation and your case’s potential outcome. Our firm is experienced in Florida personal injury laws and statutes of limitations. We also have the right skills and resources to handle all types of personal injury cases, no matter how complex.
Our empathetic attorneys have worked with many people experiencing stressful situations. We strive to treat you as an individual, rather than a case number. Pazos Law Group is proud to make a difference in people’s lives. Let us see what we can do for you and your situation.
To schedule a confidential consultation, call (954) 951-2405 or fill out our online form today.
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Recently, I heard Rick Snow speak against LD 1495, the Governor’s Act to Implement Tax Relief and Tax Reform. Rick is owner of Maine Indoor Karting in Scarborough where you can leave your financial troubles behind by wearing a helmet and jumpsuit and racing high-performance, gas-powered go-carts on a 1,200-foot track with nine corners.
Rick described the struggles of doing business in Maine in general and during the current recession in particular. Sales are down and costs, such as the cost of electricity and the cost of providing mandated health-care coverage for dependents, are up.
As a result, he has had to lay off some of his employees. Meanwhile, others have decided that they prefer going on government benefits over working to support themselves.
Rick is working with other business people in a grassroots campaign for a people’s veto of LD 1495. To date the effort has gathered more than $10,000 and 10,000 signatures. Green Party Independents have joined with Republicans in the campaign.
That’s because they all fear that LD 1495 will increase Mainer’s overall tax burden during a time of recession.
Democrats have been promoting LD 1495 on the basis that it reduces the state income tax to one flat rate of 6.5 percent. They claim that almost everyone will pay less as a result. I am wary of such promises, given their unimpressive history of predicting revenues.
The bill restructures the way your income tax is calculated so that it will be calculated differently than in the past, and differently from the way that your federal income tax is calculated. It eliminates the exemption and deduction method of calculating net taxable income and replaces it with a set of tax credits, including a base household credit, which is phased out as income increases. Your income tax is the product of the flat rate applied to your federal gross income, less your tax credits.
The bill then imposes new taxes and increases existing ones.
It imposes a 5 percent tax on all kinds of services that haven’t been taxed before, including interstate and international telecommunications; and the installation, repair and maintenance of guns, electronic and mechanical equipment, lawn and garden equipment, computer hardware and office equipment and vehicles. It taxes amusement, entertainment and recreation activities such as movies, concerts and sports events; miniature golf and go-cart courses; home, garden, auto and boat shows. It taxes personal property services such as dry cleaning, car washing, pet grooming and kenneling, and housecleaning.
The bill increases the tax on meals and lodging, liquor sold at restaurants, candy and soft drinks.
The last time that the Legislature proposed lowering the income tax and broadening the sales tax was in 2007. I opposed that proposal at the time because I thought it would be regressive and a drag on our state economy. The only thing that has changed since then is that our economy is in worse shape.
LD 1495 recycles that stabilization plan in the guise of a tax-relief bill. I suspect that it was prompted by the referendum to half the excise tax on cars. That referendum is popular because the auto excise tax is not. People resent such a big tax being imposed on one item. Every year, they struggle to pay it.
Democrats realized that it was unwise to have any one tax be responsible for generating a disproportionate share of revenue. It made revenues vulnerable to the vagaries of the economy and the vicissitudes of people. Their solution is to broaden the tax base and hope that people won’t notice their burden if it is spread across more points of taxation.
Mainers have been asking for tax relief for years; not just relief from the state’s income tax, but relief from the state’s overall tax burden, including their property tax and the auto excise tax. Some of them have tried to ease that burden by supporting initiatives such as the Paleski tax cap, TABOR, TABOR II, and the auto excise tax rollback.
But the government hasn’t responded. Instead, it has given us a new tax regime that appears to be regressive and likely to depress economic activity. While it may be revenue neutral for the moment, it is a prelude to a tax hike.
At a time of recession, when businesses are shutting their doors and people are losing their jobs, our state government needs to focus on how to encourage and stimulate productive enterprise, not on how to fund itself.
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The Spartan Capital Securities Lawsuit has been making waves in the financial industry, prompting questions about the regulatory framework and its impact on the firm. In this article, we will delve into the details of the lawsuit, explore its legal ramifications, and assess its broader implications for the securities industry.
Understanding the Spartan Capital Securities Lawsuit
At its core, the Spartan Capital Securities Lawsuit revolves around allegations of misconduct and violations of securities laws. To fully comprehend the intricacies of this legal battle, it is important to examine the parties involved and the nature of their dispute.
The Parties Involved
On one side, we have Spartan Capital Securities, a prominent brokerage firm known for its investment services. With a history spanning several decades, Spartan Capital Securities has built a reputation for providing clients with expert financial advice and access to a wide range of investment opportunities. Their commitment to delivering exceptional service has earned them a loyal client base and a position of influence within the industry.
On the other side, we have the regulatory bodies responsible for overseeing the operations of financial institutions. These regulatory bodies, such as the Securities and Exchange Commission (SEC), play a crucial role in maintaining the integrity and stability of the securities market. Their primary objective is to protect investors and ensure fair and transparent practices within the industry.
This conflict between Spartan Capital Securities and the regulatory bodies highlights the delicate balance between the growth of the securities industry and the need for regulatory oversight. While the industry thrives on innovation and competition, it is essential to have robust regulations in place to prevent misconduct and protect investors.
The Core of the Dispute
The allegations against Spartan Capital Securities center around its failure to comply with securities laws and regulations. These violations range from improper record-keeping to misleading investors. The severity of these allegations has brought the legal battle to the forefront of industry discussions, raising questions about the ethical standards and practices within the brokerage firm.
One of the key allegations is the improper record-keeping by Spartan Capital Securities. Accurate and transparent record-keeping is crucial in the securities industry as it allows investors, regulators, and other stakeholders to assess the firm’s financial health and compliance with regulations. Failing to maintain proper records not only undermines the trust of investors but also hampers the ability of regulatory bodies to effectively monitor and enforce compliance.
Another significant allegation is the misleading of investors by Spartan Capital Securities. It is alleged that the firm provided false or incomplete information to investors, leading them to make investment decisions based on inaccurate or inadequate data. This not only puts investors at risk but also undermines the integrity of the securities market as a whole.
The outcome of the Spartan Capital Securities Lawsuit will have far-reaching implications for the securities industry. It will serve as a precedent for the level of accountability expected from brokerage firms and the effectiveness of regulatory oversight. As the legal battle unfolds, industry professionals, investors, and regulatory bodies closely watch the proceedings, hoping for a just resolution that upholds the integrity of the securities market.
The Legal Framework Surrounding the Lawsuit
To fully appreciate the implications of the Spartan Capital Securities Lawsuit, we must first understand the foundational framework upon which it is based. Securities law is a complex and ever-evolving field, shaped by both legislation and regulatory bodies.
Securities Law: A Brief Overview
Securities law encompasses a range of regulations designed to protect investors and ensure fair and transparent capital markets. These laws govern the issuance, trading, and sale of securities, such as stocks and bonds. Understanding the nuances of these laws is crucial in evaluating the claims made in the Spartan Capital Securities Lawsuit.
The Role of Regulatory Bodies
In the securities industry, regulatory bodies play a vital role in maintaining market integrity and investor protection. These bodies, such as the Securities and Exchange Commission (SEC), enforce securities laws and take action against firms that violate regulations. The Spartan Capital Securities Lawsuit has shed light on the effectiveness and enforcement of these regulatory practices.
The Progression of the Lawsuit
The Spartan Capital Securities Lawsuit has undergone several stages, each revealing new information and developments. To understand the full extent of this legal battle, it is crucial to examine these key milestones.
Initial Proceedings and Allegations
The lawsuit began with initial proceedings as the regulatory bodies conducted investigations into Spartan Capital Securities. Allegations of misconduct and violation of securities laws were brought forward, signaling the beginning of a potentially lengthy legal battle.
Key Developments in the Case
As the Spartan Capital Securities Lawsuit progressed, several significant developments have emerged. These include the submission of evidence, witness testimonies, and legal arguments from both parties. These developments shape the trajectory of the legal battle and influence its outcome.
The Impact of the Lawsuit on Spartan Capital Securities
The consequences of the Spartan Capital Securities Lawsuit extend beyond the courtroom, affecting the firm’s financial standing and reputation within the industry.
Financial Implications for the Firm
The legal battle can have severe financial implications for Spartan Capital Securities. Fines, penalties, and potential compensation payments may impact the firm’s profitability and business operations. Investors and stakeholders closely monitor these developments, as they can influence the long-term viability of the organization.
Reputational Consequences and Public Perception
Reputation is paramount in the financial industry. The Spartan Capital Securities Lawsuit has the potential to tarnish the firm’s reputation, eroding the trust of clients and investors. Rebuilding damaged relationships and regaining public confidence may prove to be challenging tasks for the firm.
The Broader Implications of the Lawsuit
Beyond the immediate consequences for Spartan Capital Securities, the lawsuit has broader implications for the securities industry as a whole.
Effects on the Securities Industry
The Spartan Capital Securities Lawsuit serves as a wake-up call for the securities industry, shedding light on potential faults and vulnerabilities within the system. It prompts industry leaders to reassess their practices and implement necessary changes to ensure better compliance and investor protection.
Potential Changes to Regulatory Practices
The legal battle may prompt regulators to reevaluate their enforcement strategies and implement stricter measures to prevent future violations. Strengthening regulatory practices is essential to maintaining investor confidence and fostering a healthy and transparent securities market.
In conclusion, the Spartan Capital Securities Lawsuit has initiated a legal battle that holds significant implications for the firm, the securities industry, and regulatory practices. As the case progresses, the industry will closely watch its outcome and draw valuable lessons from its proceedings.
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Name: Use of Animals in Medical Training
Bill Number: S 2341
This bill would prohibit the use of live animals to teach medical procedures in a medical training program if at least one other accredited training program in the state in the same medical discipline does not use animals or if there is an alternative teaching method available. There are currently many alternatives available to meet the second criteria.
The use of live animals in medical training has been greatly reduced thanks to the development of sophisticated mannequins that mimic human functions, as well as technology such as cadaver tables that focus on using the human body to teach medical students anatomy and surgical skills.
This bill has been referred to the Senate Committee on Health & Human Services.
Call to Actions:
If you take action and have not already registered, you will receive periodic updates and communications from National Anti-Vivisection Society.
Please support an end to the use of live animals for medical training
Dear [Decision Maker],
I am writing to ask you to support S 2341, which would prohibit the use of live animals for medical training where an alternate teaching method is available. This bill would also require the replacement of live animals for training if at least one other accredited training program in the state in the same discipline does not use live animals for training.The use of live animals for medical training no longer makes sense with advances in human simulators, which replicate human anatomy and allow for repetitive practice and data collection. These and many other human-based medical training methods not only save animal lives but are also more applicable to the real-life practice of medicine. I hope that you will give your full support to the passage of this bill to provide better training to medical students without harming animals. Thank you for your consideration.
Sincerely,[Your Name] [Your Address] [City, State ZIP]
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Let’s face it, most Bitcoin holders just can’t find the right country to live in. We have so few people in positions of power around the world who would advocate for true freedom, that we are basically stateless. At least until Liberland becomes a fully-fledged sovereign nation.
Liberland is our dream, although it only has a very small chance of becoming a reality. Here is a little more about this exciting project for libertarian sovereignty, why it isn’t a nation yet, how Bitcoin plays a role in keeping that dream alive and what has to happen for it to become a reality.
To live and let liveMotto of Liberland
Before Liberland there was International Law
Some might say libertarians don’t like laws. They couldn’t be more wrong. What we care about is the level of government intervention. We actually love laws, when they are logical, provide a framework of equality of opportunity and are applied even-handedly. International law is far from satisfying any of these parameters, but we must work within that framework unfortunately. Here are the conditions that Liberland would have to satisfy, under the Montevideo Convention of 1933, in order to become a sovereign nation:
- A permanent population
- A defined territory
- Capacity to enter into relations with other states
Liberland does not comply with the first one for sure. Its defined territory is also subject to international dispute. Government and capacity to enter relations with other states are partially in place – there is a president and Liberland representatives in 80 countries – and could be further developed once the population and a defined territory is there.
Why the Montevideo Convention?
Although these are conditions set forth by the Montevideo Convention, which was only signed by states in the Americas, the conditions are binding for other nations. This is because the convention merely codified what was already customary international law. Many other countries, including EU member nations and Switzerland, accept these principles. Since Liberland – through its charismatic leader, Vít Jedlička – has claimed a narrow piece of land on the Danube river, that is adjacent to Croatia, and Croatia is an EU member, the Montevideo principles are especially important.
None other than Dr. Ron Paul was with us last night at Anarchapulco to receive his Liberland passport as recognition of his lifetime achievements for liberty. #Liberland #libertarian #Acapulco #Mexico #RonPaul pic.twitter.com/itZfGPjozy— Liberland (@Liberland_org) February 17, 2018
Does Liberland Have a President and Permanent Population?
Some might say that Liberland already complies with the Montevideo principles. Since Vít Jedlička claimed the territory for Liberland, he has been acting as the de facto leader of the emerging nation. In his capacity as the president of Liberland, he has been granting citizenship to applicants. These people should be, at least in theory, a population. The issue with the argument for a permanent population has more to do with how that population is connected to the territory. Permanent does not imply that they are citizens, but that they are permanently within that defined territory that Liberland claims.
Stuck Between Balkan Nations that Used to be Part of Yugoslavia
Here is where the whole bid for nationhood starts getting murky. Vít Jedlička claimed a 7km^2 piece of land called Gornja Siga on the banks of the Danube river. That piece of land is currently part of an international territorial dispute between Serbia and Croatia – the two biggest belligerent parties that fought each other when Yugoslavia broke up into independent nations.
Map of Liberland
This narrow strip of land that is comparable to about 1% of the landmass of tiny Singapore, is on Croatia’s side of the Danube. Nevertheless, Croatia has not declared this piece of land as part of its territory. In fact, some texts point to Croatia recognizing this strip of land as part of Serbia. Serbia apparently has not claimed this land as part of its own because in doing so it might create a precedent that can harm its case in a wider territorial dispute with Croatia. Therefore, Vít Jedlička claimed that this territory is Terra Nullius. This means no one’s land, or legally uninhabited.
No One Allowed on Liberland
The dispute between Croatia and Serbia for this small piece of land is complex, but both countries agree that this is not Terra Nullius even if no country has claimed it. Therefore, people trying to make their way to Liberland using the Danube – an international waterway – are prevented from disembarking there. This prevents Liberland from having a permanent population in this piece of land, in the sense that the population must be in the territory claimed as a nation.
Fun Fact: Since Croatia opposes the creation of Liberland, even if the country is given legal status as a country and applies to be an EU member, it is unlikely to be able to join the European Union. Any EU member can veto the accession of any prospective member, and Croatia should be expected to use that veto against Liberland. Croatia should also be expected to resist efforts to populate Liberland even if that entity wins control over the strip of land it claims legally.
Liberland: A Long Shot Supported by Many in the Bitcoin Community
No one said that claiming a small piece of prime real estate on the banks of the second longest river in Europe would be easy. Nevertheless, Liberland has the support of many in the Bitcoin community. This is due to the libertarian nature of its constitution and the belief that Liberland will be free from welfare state perils such as taxation and hard borders.
The official currency of Liberland is the Liberland Merit or LLM, however. This token was built on top to the Bitcoin Cash blockchain, using Simple Ledger Technology. When it launched, the token had a market cap of $1.1 million USD. As of now Liberland has probably a better chance at statehood than the Liberland Merit has at succeeding as a cryptocurrency, but the point is that Liberland, being a libertarian state, accepts the use of multiple cryptocurrencies.
No Tax and Respect for Private Property
The nation’s tax benefits would be attractive to any Bitcoin holder, as well as the private property protections that Liberland has enacted. So, there is a lot of common ground between the project and the Bitcoin community, despite the LLM being a Bitcoin Cash-powered token. These are the reasons why Liberland would be a perfect nation for so many Bitcoin holders, and hopefully, one day it joins the family of nations as a sturdy proponent of the libertarian principles so many of us cherish.
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A Guide to Obtaining a Bonafide Certificate in India
A Bonafide certificate is an authorized document provided by an educational institution or organization to confirm the legitimacy of an individual’s identity and affiliation with the institution. It shows that the person is a valid student or employee of the organization. The certificate usually includes essential details such as the individual’s name, date of birth, particulars of the course or employment, duration of association with the institution, and any other specific information mandated by the issuing authority.
What is Bonafide Certificate?
Bonafide certificates serve as crucial verification documents, confirming the authenticity of an individual’s connection with the issuing organization. This certificate is pivotal in ensuring transparency and reliability across various scenarios. Whether it’s applying for scholarships, securing education loans, participating in conferences or workshops, providing residence proof for students in hostels or rented accommodations, verifying employment details, or facilitating travel documentation for visas or passports, the bonafide certificate is instrumental in validating one’s association.
Who Should Possess a Bonafide Certificate?
Bonafide certificates are frequently necessary for various individuals and entities, each serving distinct purposes. Below are some entities that commonly seek bonafide certificates:
For educational objectives, such as applying for scholarships, securing loans, participating in conferences or workshops, pursuing higher education abroad, or taking competitive exams.
Educational institutions may seek bonafide certificates from their students for record-keeping, issuing official documents like transcripts or migration certificates, or verifying the student’s affiliation with the institution.
Employers often request bonafide certificates from employees to validate employment details, work experience, or for background checks during the hiring process.
Government agencies may demand bonafide certificates for various purposes, including availing government schemes or benefits, obtaining local identity cards, or as proof of residence for official documentation.
Banks and Financial Institutions:
Banks and financial institutions may ask for bonafide certificates to confirm a student’s or employee’s identity, address, and affiliation with an educational institution or organization when opening bank accounts or accessing financial services.
Bonafide certificates are frequently mandatory for immigration authorities when applying for visas, passports, or other travel-related documents. The certificate establishes an individual’s association with an educational institution or organization.
It is essential to acknowledge that the requirements for bonafide certificates may differ based on the purpose and the entity making the request. The issuing authority, typically the educational institution or organization, will furnish the necessary guidelines and format for obtaining the certificate in accordance with their policies.
Purposes of Bonafide Certificate
- Educational Loans: Bonafide certificates are required when students apply for educational loans, serving as proof of their enrollment in an educational institution.
- Industrial Visits: Students may need bonafide certificates when visiting industries for projects, providing evidence of their educational affiliation during such visits.
- Participation in Events: To attend seminars, conferences, or workshops at other colleges, students often need bonafide certificates to confirm their student status.
- Travel Concessions: Bonafide certificates are essential for students seeking travel concessions, verifying their enrollment status for eligibility.
- Passport Application: Students must often submit bonafide certificates to establish their educational association when applying for passports.
- Library Access: Bonafide certificates are used for joining public libraries, ensuring that students are officially enrolled in an educational institution.
- Visa Extension: Students applying for visa extensions may need bonafide certificates to demonstrate their ongoing enrollment in an educational program.
- Bank Loans: Employees seeking loans from banks may be required to provide bonafide certificates as proof of their current employment status.
- Bank Account Opening: Bonafide certificates are useful when employees open bank accounts, confirming their employment status for account verification.
- Official Events: Employees attending official seminars or conferences may need bonafide certificates to prove their affiliation with their organization.
Content of Bonafide Certificate
Typically, a Bonafide Certificate contains the following information:
- Name of the Institution/Organization: Clearly state the name of the school, college, or company issuing the certificate.
Student Information (for student bonafide certificates):
- Full Name: The complete name of the student.
- Entrance Number or Roll Number: A unique identifier for the student.
- Class/Grade/Year: Specifies the current academic level or class in which the student is enrolled.
Employee Information (for employee certificates):
- Full Name: The complete name of the employee.
- Contact Information: Address or contact details of the employee.
- Position/Designation: Specifies the job title or position the employee holds in the organization.
- Date of Birth: In some cases, the bona fide certificate may include the date of birth, depending on the nature of the certificate and specific requirements.
- Purpose of the Certificate: Clearly mentions the reason for issuing the bona fide certificate, such as educational loan application, visa application, travel concession, etc.
- Validity Period (if applicable): Indicates the duration for which the certificate is valid, especially when a specific time frame is mentioned.
- Seal and Signature: The certificate is usually authenticated with the official seal of the institution or organization, along with the signature of an authorized person (principal, head, or relevant authority).
- Date of Issuance: Specify the date the bona fide certificate is issued.
The content may vary slightly based on the specific requirements of the institution or organization issuing the certificate and the purpose for which it is needed.
Documents Required for a Bonafide Certificate
The documents needed for a bonafide certificate in India can vary based on the policies of the issuing institution or organization. However, the following are commonly requested documents:
- Application Form: A completed and signed application form for the bonafide certificate is available from the administrative office or relevant department. Some institutions may also require a written application.
- Proof of Identity: Any valid document establishing the applicant’s identity, such as an Aadhaar card, voter ID card, passport, or PAN card.
- Proof of Residence: Documents confirming the applicant’s residential address, including an Aadhaar card, voter ID card, ration card, electricity bill, or rent agreement.
- Course/Program Details: Institutions may request educational information about the enrolled course or program. This could include the course name, duration, admission or registration number, or semester details.
- Fee Receipt: Some institutions may request a copy of the fee receipt or proof of payment to confirm the applicant’s current student status or fulfilment of financial obligations.
Supporting Documents (if applicable):
Additional supporting documents may be necessary depending on the institution’s requirements or the purpose of the certificate. For instance, if the certificate is for employment verification, the institution might request documents related to work experience, such as appointment letters or salary slips.
Application Process for Bonafide Certificate
The process of applying for this certificate may exhibit slight variations based on the specific procedures of the institution or organization. Nevertheless, the general steps are outlined below:
Obtain the Application Form
Visit the administrative office or the relevant department of the institution or organization to acquire the bonafide application form. Some institutions may offer an online application option.
Bonafide Certificate for Students
One can communicate with the concerned department of the organization/institute dealing with the matter for basic information regarding issuing.
To acquire the certificate, one has to apply in writing to the head of the institute/organization. This is a simple request letter to the person concerned with the institution to apply for a bonafide certificate.
In some institutions, students must submit an application to the institute in a prescribed format. A sample copy of the bona fide application is shown here. In the case of first-year & direct second-year students, they need to attach a leaving certificate from an earlier college along with the application form.
Bonafide Certificate for Employees
To acquire the certificate, one has to apply in writing to the head of the institute/organization. This is a simple request letter to the concerned person of a company for applying for a certificate. A sample copy of the Employee Bonafide Requisition Letter is shown here.
Fill in the Required Details
Complete the application form accurately, providing essential information such as personal details, course or employment specifics, the purpose of the certificate, and any additional information stipulated.
Attach Supporting Documents
Gather the requisite supporting documents, including a copy of a valid ID proof (Aadhaar card, passport, etc.), proof of residence (rent agreement, electricity bill, etc.), and any other documents specified by the institution.
Submit the Application
Submit the duly filled application form and the necessary supporting documents to the designated office or department. Ensure all required documents are attached, and the form is appropriately signed.
Pay the Fee (if applicable)
Some institutions may levy a nominal fee for processing the certificate. If applicable, make the required payment at the designated payment counter or through the prescribed mode of payment.
The institution will verify the details and process the bonafide certificate request. The processing time may vary based on the institution’s procedures and workload.
Collect the Bonafide Certificate
Once the certificate is processed, it can be collected from the administrative office or the designated department. Verify that all details mentioned on the certificate are accurate before completion.
Issue of Bonafide Certificate
The certificate issuing duration will be different for different institutions. It is issued on the printed letterhead of the institution and duly signed/ stamped. A certificate should contain a fee structure for applying for an education loan. A sample copy of the certificate is shown here.
In summary, the significance of a bonafide certificate lies in its role as a fundamental document for verifying one’s identity and connection to an educational institution or organization. A bonafide certificate simplifies diverse processes and offers essential authentication, whether utilized for educational pursuits, employment purposes, residential confirmations, or travel-related needs. Adhering to the institution’s or organization’s application process empowers individuals to acquire a certificate tailored to their specific needs within the Indian context. This document is a testament to one’s legitimate affiliations, ensuring a smoother and authenticated navigation through various aspects of life.
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Best Lawyer in Bangladesh
As the best lawyer in Bangladesh, I’m very dedicated to my clients’ matters. Lawyers engage in a variety of activities to effectively represent their clients and uphold the principles of justice. One crucial aspect of their work involves legal research, where they delve into statutes, case law, and legal precedents to build a strong foundation for their arguments.
Barristermikhalil.com is one of the most trusted law firms in Bangladesh, with a good reputation since 2015. We always handle each and every case very closely, and our success rate is almost 100%.
This meticulous examination of legal principles allows them to craft compelling and well-founded cases. Additionally, lawyers spend a significant amount of time meeting with clients, understanding their perspectives, and gathering essential information to tailor their legal strategies to the unique circumstances of each case.
This client-focused approach ensures that lawyers can provide personalized and effective representation, addressing the specific needs and concerns of those they represent.
Another key activity for lawyers is courtroom advocacy. Whether presenting motions, cross-examining witnesses, or delivering closing arguments, effective courtroom communication is paramount. Lawyers must possess strong oral advocacy skills to persuasively convey their arguments and navigate the complexities of legal proceedings. Beyond the courtroom, negotiation skills are also essential, as many cases are resolved through settlements. Lawyers negotiate on behalf of their clients to achieve favorable outcomes, balancing legal principles with practical considerations to reach agreements that serve their clients’ best interests.
In addition to these core activities, lawyers are also responsible for maintaining ethical standards and upholding the rule of law. This includes staying current with legal developments, continuing education, and adhering to professional conduct rules. Whether in the courtroom, during negotiations, or behind the scenes, the multifaceted role of a lawyer requires a combination of legal expertise, interpersonal skills, and ethical commitment to navigate the complexities of the legal system and secure justice for their clients.
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Bharti Singh Controversy: Hours after comedian Bharti Singh issued a public apology for hurting the sentiments of the Sikh community, an FIR has been registered against the comedian over an old video in which she made a joke about men with beards.
According to information, the FIR has been registered in Punjab's Amritsar on Monday night. Shiromani Gurdwara Parbandhak Committee had filed a complaint against Bharti Singh alleging that she had hurt the sentiments of Sikhs.
The FIR against Bharti Singh has been registered under Section 295-A (deliberate and malicious acts, intended to outrage religious feelings) of the Indian Penal Code.
What did Bharti Singh say?
In a video making rounds on social media, Bharti Singh said that “there are several people having beard and moustache; you drink milk and put some of the beards in your mouth, it will taste like Seviyaan [dessert]."
She also mentioned men having lice in their beards. Soon after the video went viral, a lot of people from Punjab accused Bharti Singh of disrespecting the beard that Sikh men maintain as part of their religious belief. Likewise, several protests took place in Amritsar against Bharti Singh on Monday.
Bharti Singh Apology
Following a lot of criticism over the ongoing controversy, Bharti Singh issued a public apology and cleared the air that her intentions were not to hurt any community. She said that she hasn’t said anything against any religion or caste and has not even mocked any Punjabi or what problems happen when you keep 'daadi mooch'.
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BRING IN CONSTITUTIONAL AMENDMENT ON GST REVENUE-SHARING PROPORTION
08, Mar 2019
The Centre should bring in a constitutional amendment to fix the proportion of devolution of Goods and Services Tax (GST) collection between the Central and the State Governments quoted by former chairman of the prime minister’s economic advisory council c. Rangarajan.
What is the issue?
Some States bemoan the loss of financial sovereignty.
How financial sovereignty is upheld in GST?
- The GST Council comprising all State Finance Ministers and the Union Finance Minister take the decisions on rates and several associated features. The Centre is also bound by it.
- Earlier the finance commission has decided the share of resources between centre and states and the recent one the 14th Finance Commission, had broken a new path in terms of allocation of resources. One of the major recommendations had been to increase the share of tax devolution to 42% of the divisible pool.
- The balance in fiscal space thus remains broadly the same in quantitative terms, but tilts in favour of States in qualitative terms through compositional shift in favour of devolution and, hence, fiscal autonomy. Let there be one committee to decide what the rate will be for five years.
- Petroleum and alcohol constitute the most important source of revenue for the States. Therefore, States have been reluctant to bring petrol and alcohol under GST regime in which there is maximum range beyond which petroleum and alcohol products cannot be taxed.
- The GST Council, where neither the centre nor the states can get decisions passed without the support of the other.
GST (One Hundred and First) Amendment Act, 2016:
1. It is a destination-based tax on consumption of goods and services. It is proposed to be levied at all stages right from manufacture up to final consumption with credit of taxes paid at previous stages available as set off. In a nutshell, only value addition will be taxed and burden of tax is to be borne by the final consumer.
The GST would replace the following taxes:
Taxes currently levied and collected by the Centre:
- 1. Central Excise duty
- 2. Duties of Excise (Medicinal and Toilet Preparations)
- 3. Additional Duties of Excise (Goods of Special Importance)
- 4. Additional Duties of Excise (Textiles and Textile Products)
- 5. Additional Duties of Customs (commonly known as CVD)
- 6. Special Additional Duty of Customs (SAD)
- 7. Service Tax
- 8. Central Surcharges and Cesses so far as they relate to supply of goods and services
State taxes that would be subsumed under the GST are:
- 1. State VAT
- 2. Central Sales Tax
- 3. Luxury Tax
- 4. Entry Tax (all forms)
- 5. Entertainment and Amusement Tax (except when levied by the local bodies)
- 6. Taxes on advertisements
- 7. Purchase Tax
- 8. Taxes on lotteries, betting and gambling
- 9. State Surcharges and Cesses so far as they relate to supply of goods and services
The GST Council shall make recommendations to the Union and States on the taxes, cesses and surcharges levied by the Centre, the States and the local bodies which may be subsumed in the GST.
There would be four tax rates namely 5%, 12%, 18% and 28%. Besides, some goods and services would be under the list of exempt items. Rate for precious metals is yet to be fixed. A cess over the peak rate of 28% on certain specified luxury and sin goods would be imposed for a period of five years to compensate States for any revenue loss on account of implementation of GST
Federal structure of GST:
It would be a dual GST with the Centre and States simultaneously levying it on a common tax base. The GST to be levied by the Centre on intra-State supply of goods and / or services would be called the Central GST (CGST) and that to be levied by the States would be called the State GST (SGST). Similarly, Integrated GST (IGST) will be levied and administered by Centre on every inter-state supply of goods and services.
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What is the law for minors dating adults in pa? In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to dating to participation in sexual activity. Individuals aged 15 or old in Pennsylvania are not legally able to dating with new year, and old activity may result in prosecution for statutory rape. Pennsylvania old rape law is violated the de-facto age of consent law in Pennsylvania is actually 18 due to Pennsylvania’s corruption of minors statute. This creates an old dynamic, as the laws allow teens aged 17 and 16 to consent to each other, but not to anyone 18 or older. Teens between 13 and 15 may or may not be able to consent to a partner less than 4 laws older, because while they might not be affected by the statutory corruption laws, they could be prosecuted under other offenses.
Samuel Benda, now 21, was charged in with possession of child pornography for having a nude photo of his year-old high school girlfriend on his cellphone, taken on the night of their prom. The charge was dismissed in July after he successfully completed two years of probation. Such a legal arrangement is called a stay of adjudication. Once the conditions are satisfied, a judge will clear the defendant of the charges and dismiss the case.
While Benda does not have a criminal record in Minnesota, the charges still show up in public records.
While French law does not include a fixed age of consent, it does recognize sexual minors. A sexual minor can still legally be considered able.
The law in Victoria sets clear age limits for when you can legally have sex. This is called the age of consent. A person can be charged with a sexual offence if they perform a sexual act that breaks these age limits, even if the younger person agrees to it. The age of consent for same-sex relationships is the same as it is for heterosexual relationships. If you are under 12, a person can’t have sex with you or touch you sexually or perform a sexual act in front of you, even if you agree.
However, it is not an offence if the person honestly believed that you were 16 or if there was less than a two-year age difference between you. This is exactly two years.
West Virginia Statutory Rape Laws
A case involving an year-old girl has sparked a moment of moral and legal reckoning. O n April 24, , a year-old-man met an year-old girl in a park in Montmagny, just north of Paris, after which, he took her home where he had oral and vaginal sex with her. When it was over, the girl called her mother and described what had happened, and her mother called the police. The accusations were of an adult raping a child—a crime that, in France, can lead to a year prison sentence for the perpetrator when the victim is 15 or younger.
Such a defense flies in the face of legal and cultural consensus in most Western nations, and much of the world.
According to the law in Canada, age of consent means the legal age when a go to a medical clinic without a parent’s permission if they are a mature minor.
The age of consent is the age in which a person is considered legally old enough to consent to sexual activity. These laws are taken seriously, though they can become confusing. It is important to understand that there are various laws on the books in Pennsylvania that guide the age of consent and prosecution of those who violate it. The Pennsylvania age of consent is 16 years old. Nobody 15 years of age or younger can legally consent to sexual activity. The laws can be confusing, and this information may seem contradictory.
The law allows those aged 16 to 17 to consent to sexual activity with each other, but not to anyone 18 or older. Those between the ages of 13 to 15 may or may not be able to consent to a partner less than four years older than themselves.
I’m 18, She’s 15; We’re Dating; Is that a Problem? Illegal?
This section focuses on laws addressing sexual intercourse. As the first column in Table 1 shows, the age of consent varies by state. In the majority of states 34 , it is 16 years of age. In the remaining states, the age of consent is either 17 or 18 years old 6 and 11 states, respectively. A common misperception about statutory rape is that state codes define a single age at which an individual can legally consent to sex.
Only 12 states have a single age of consent , below which an individual cannot consent to sexual intercourse under any circumstances, and above which it is legal to engage in sexual intercourse with another person above the age of consent.
Call Now. Romeo and Juliet laws are statutes that provide certain protection from the harsh penalties of a sex-crime conviction for a consensual relationship when the participants involved are close in age, specifically minors. In most states, sex-crime laws have always been written stating that if a high school student engaged in consensual sexual activity with another of similar age, they could face a criminal conviction.
The provisions are also meant to prevent a sexual act occurring between partners with a few years age gap from being considered a criminal offense, thereby reducing the severity of penalties or punishments for the same. In the United States, the minimum age at which a person is considered old enough legally to consent to involvement in sexual activity is known as the age of consent; which is specifically 18 years for any kind of sexual relationships in the state of Virginia. According to Virginia law, an individual who is 18 years or older could be charged with a Class 1 misdemeanor if engaging in sexual intercourse with a 15, 16 or year old.
Basically, a consensual sexual relationship between two minors aged 15, 16 or 17 is legal, and only becomes illegal if one of the individuals involved is 18 or older. The statute includes an additional exception stating that if two individuals are married, they cannot be convicted of breaking this particular law, even if one party is 18 years of age or older.
Is it Statutory Rape When Two Minors Have Sex? (PC 261.5)
The criminal justice system functions best when people understand what is and what is not a crime. Unfortunately, laws are not always so clear. The perfect example of this is the crime of statutory rape. Statutory rape occurs when a minor engages in sexual intercourse. Minors cannot legally consent to sex, so it is considered statutory rape when they engage in this activity.
So, should a minor be prosecuted for a crime when he or she has sex with another minor?
Dating Minors Law Texas. You might have an a-lister and treated like the best way, and he came here. If you with each other people based on just wasn’t an.
Most Common Criminal Defense Issues:. Criminal Law. Drug Crimes. Speeding and Moving Violations. White Collar Crime. Please provide a valid Zip Code or City and choose a category. Please choose a category from laws list. Please select a city from the list and choose a category. Please enter a valid zip code or city. Please select a city from the list.
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Age of Consent to Sexual Activity
There are laws about the age young people can have sex, which is different in each state or territory.
Some often assume their potential sexual partner is above the age of consent based on the way he or she looks, but looks can be very deceiving. Others are deceived into thinking their sexual partner is of age. The hard truth is that yes, you can still be charged with statutory rape even if you were unaware your sexual partner was under the age of This holds true even if your sexual partner lied to you about their age.
In California, statutory rape involves sexual intercourse with a minor under the age of consent. Some examples of this would be a year-old male having intercourse with his year-old. This is considered statutory rape in California. In some cases, a person could become enamored with the underage person, or they develop hate or jealousy towards them, and the underage person could go to the police and file a false claim. False accusations and wrongful arrests have led to the downfall of many innocent people.
Statutory Rape: The Age of Consent
Jump to content. This factsheet summarises some of the key points of UK law relating to sexual behaviour. It does not constitute legal advice. The age of consent to any form of sexual activity is 16 for both men and women. The age of consent is the same regardless of the gender or sexual orientation of a person and whether the sexual activity is between people of the same or different gender.
In particular, I think sexual consent laws would benefit from a concept used in contract law involving underage consumers and citizens. Such a system would put an extra onus on adults to make sure that they are not taking advantage of a younger person, strengthening the disincentive to troll malls and sweet-talk people just above the current age of consent.
There is a scientific argument for modifying consent laws. Though laws placing minimum ages on contracts, and sexual consent, were created before we knew that science, lawmakers intuitively if inconsistently recognized that teenagers do not make decisions in the same way adults do. We now know that the teenage brain does not finish maturing until sometime in the mids.
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A witness of the attack in Barcelona’s historic tourist district have spoken his terrifying experience. Aymar Anwar, a lawyer attending a conference, was walking down Las Ramblas when the attack happened. He said the street was the busiest area of Barcelona and was “jam-packed” with tourists at the time.
“All of a sudden I heard a crashing noise and the whole street just started to run screaming,” he said. “I saw a woman next to me screaming for her kids. Literally within 30 seconds, police vans, ambulances, police officers with guns were piling out, and we were sectioned off and then being pushed rapidly back. Everybody’s just panic mode.”
“Van upon van of police officers” arrived at the scene, he said, adding: “They have quite clearly unfortunately had to plan for something like this.” The death toll now stands at 13, with many more critically injured.
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Yesterday's post discussed the difference between an epidemic and a pandemic. California's General Corporation law includes a detailed definition of an "emergency" that does not employ either term. Cal. Corp. Code § 207(i)(5).
Nevertheless, an epidemic or a pandemic should qualify as an "emergency" provided it has caused the Governor or President to proclaim a state of emergency. Cal. Corp. Code § 207(i)(5)(D).
Additionally, an epidemic or pandemic would likely constitute a "natural catastrophe", a circumstance listed in Section 207(i)(5).
"Catastrophe" is derived from the Greek words κατά and στρέφω, which may be translated as turning downwards. In Greek tragedy, the catastrophe is the denouement of the play that is preceded in turn by the catastasis (dramatic complication), epitasis (central action) and protasis (introduction). The fifth part of the play was the introduction.
Because of the association with tragic drama, the term took on the meaning of an especially bad event. Although both words share "cata", a cataclysm is literally refers to a epic cleansing such as in the Flood of Gilgamesh. "Clysm" is derived from the Greek word κλύζειν meaning to wash. The word cataclysm is now generally used to refer to an abrupt and dramatic turn of events, usually of a negative import.
*See James Joyce, Ulysses ("It doubles itself in the middle of his life, reflects itself in another, repeats itself, protasis, epitasis, catastasis, catastrophe.").
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Beware of Hate Crimes! — StandingWatch #171
Norbert Link | June 7, 2008
Should the United States be concerned when Catholic and Protestant ministers and others are accused of committing a hate crime in Canada, Great Britain or Continental Europe, for expressing their religious beliefs? Why are so many willing to compromise their convictions, when faced with possible repercussions for their job, their status in society, or their religious or political career?
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Currently, there is a push on both the federal level and within the state of Nevada to mandate employers to provide paid sick leave to their employees. The effects of such a mandate can be difficult for smaller businesses. According to Rollcall, there is a push led by Republicans to advance such plans. Please read more here: https://www.rollcall.com/news/congress/republicans-seeing-opportunities-suburbs-advance-paid-leave .
Within Nevada, as declared by Governor Sisolak in his State of the State address and now followed by both houses of the Legislature, there are stronger moves to mandate employers to provide paid sick leave and criminalize action to the contrary. The first bill coming from the Assembly is less oppressive. Essentially, it states that if an employer already has a s sick leave policy, the employer must allow employees to utilize the benefit to care for an immediate family member’s medical needs. This does not mandate an employer to create such a policy. However, if there is a policy and the employer does not allow the employee to use it to care for a family member (the definitions of family member are concerning), then the employer is guilty of a misdemeanor and can be fined up to $5,000 for each violation.
The bill that is expected to come from the Senate is based upon a 2017 bill which was vetoed. That bill forced employers to provide paid sick leave at the rate of at least one hour for every 40 hours worked up to a total of 80 accrued hours. Under the bill, the employer would have to collect and maintain private information from the employee concerning his/her medical condition—a violation of federal law. Just as with the Assembly bill, an employer who did not properly follow the mandate would be guilty of a misdemeanor and subject to a fine of up to $5,000 per violation.
For smaller businesses, the effect of these proposed laws is disproportionate to larger businesses. First, larger businesses frequently already have a paid time off policy. Second, in larger businesses, the greater number of employees ensures that the work of the business can be accomplished while one or more employees takes time off. Under any circumstance, the criminalization and enormous potential fines will be very concerning for any business.
As many of you know, I am the Chairwoman of the Henderson Chamber of Commerce’s Legislative Committee. I recently traveled to Carson City to express the concerns that businesses have with these bills. I will continue to advocate for the voices of business to be heard on this front.
In the event that these bills pass (which in some form is very likely), what will you need to do? If you have a policy that is broader than what the government mandates, you will not have to do anything but enforce your policy However, you should ensure that your policy is compliant. If you don’t have a policy, or if you have one that is not as broad as the government mandate, then you will have to be certain to immediately implement all of the requirements or face criminal prosecution and/or extraordinary fines. Under any circumstance, Gordon Law will continue to be a resource for you to help you ensure compliance.
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Employment contracts are among the most important documents that your business will ever produce. As a prominent Denver employment law firm, we can help you with the negotiation, drafting and review of your employment contracts.Schedule FREE Consultation
An employment contract should clearly state the rights and responsibilities of both employer and employee. It should take into account contingencies that may never occur, and it should detail every nuance of the working relationship between the two parties. Remember that in an employment contract, every sentence matters. Following are some examples of scenarios that could arise from a poorly drafted employment contract:
Our Denver employment contract attorneys can review your employment contract to see if any issues exist that need resolution.
A well-drafted comprehensive employment contract offers you the following critical advantages:
It sets clear standards for employee performance. These standards pay off when it comes time to terminate an employee because it is difficult for an employee to maintain a claim of wrongful termination against your company.
All of the foregoing benefits of a well-drafted employment contract can help enhance your company’s reputation with both potential clients and with potential employees who might otherwise seek employment with your competitors.
Employment contracts, like many other contracts, seem to be written in a strange language known as “legalese.” Generally speaking, lawyers draft contracts in legal jargon not to confuse you, but because these terms are just as necessary as engineering terms are to building specifications. The problem is that you might not understand them, or their implications, without legal advice.
Certain legal terms such as “consideration” sound normal, yet they can carry special meanings. In other cases, it is what is missing that is important. The lack of a merger clause, for example, could add additional, invisible terms to your agreement with your employee. Finally, ambiguous terms can function as an invitation to litigation when the parties attach different meanings to them. Hiring a lawyer for employment contract review or negotiation could save you a lot of trouble later.
Employment agreements come in many different forms. Sometimes a single agreement incorporates all necessary features, while in other cases, a company might rely on several stand-alone agreements, such as:
Our employment contract negotiation lawyers ensure that your employment contracts are fair and that they cover the following critical issues, among others:
The foregoing list is not necessarily exhaustive, we also react to your individualized concerns.
Schedule an online appointment and let our firm help you with resolving your case.
At Sequoia Legal, our lawyers enjoy decades of combined experience in contract law as well as Colorado employment law. In addition to a solid knowledge of legal theory, however, our lawyers possess the practical experience necessary to protect your long-term best interests. Our clients include both employers and prospective employees who want to protect themselves against one-sided employment agreements written by company lawyers or outside counsel.
The following attorneys enjoy extensive experience in negotiating, drafting, and (if necessary) litigating employment agreements. If you need a lawyer to review your employment contract, contact us today.Meet Your Attorneys →
Andrew and the Sequoia team are incredibly talented, detail oriented, and overall wonderful and trustworthy and people. I would highly recommend!
Andrew has been a great asset for my business through different acquisitions, employee onboarding documents, as well as providing assistance to many of my clients.
I cannot express the gratitude I have for this legal team. They're great to work with, I cannot say enough good thing's about them. I truly feel they work for me and my needs and are very compassionate and caring about their clients.
At Sequoia Legal, our employment contract attorneys will not rest until every pertinent employment law concern that you have is addressed in a comprehensive, flawless employment agreement. Contact the employment law firm Sequoia Legal today at (303) 476-2851 or contact us online to schedule a consultation.
7355 E. Orchard Rd., Suite 375 Greenwood Village, CO 80111
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An employment contract can cover any of the following four types of employment arrangements:
The precise terms of these agreements will differ depending on the type of employment arrangement. An employment contract review attorney can tell you more after reviewing your current contracts.
Most US workers do not have a written employment contract. Of course, even these employees have verbal understandings with their employers, and there are substantive laws that apply to the employer/employee relationship even without a written employment agreement.
Valid employment contracts are as binding as any other contract is, and courts can enforce them just as they do other contracts. Of course, an employment contract may also be invalid because it violates state or federal employment law, or it may be partially invalid for the same reason. That is one reason why you need a lawyer to review your employment contract.
Employment contracts typically include several major drawbacks for employers, including:
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By Harry Glass
Workers vowed to keep up the fight after the Indonesian government passed new anti-union laws. The anti-union laws are part of the government's drive to roll back gains made by unions since the fall of Suharto, and for an IMF-inspired flexible labour market.
But unions like the National Front for the Struggle of Indonesian Workers (FNPBI) said they would not give in. FNPBI chair Dita Sari told workers at a rally outside the presidential palace in Jakarta to defy the law. "Those accepting the law are those who bow to the regime! Those accepting the law are those who bow to international capitalists!" she told thousands of workers.
The news laws force unions to take their disputes to a central industrial court, which will be a "bipartite forum" including employers' representatives. This is designed to blunt the effectiveness of strike action by forcing unions into a machinery of arbitration.
The new laws also allow firms to sack workers without first seeking permission from the government, as was previously the case. Other masures include the legalisation of outsourcing and the removal of a woman's right to time off during menstruation or following a miscarriage.
Altogether the legislation strengthens the hand of employers, allowing them to drive down wages and undermine conditions - and
blunt the drive of unions to organise more workers.
But workers are not taking the threat lying down. As well as big demonstrations in Jakarta, thousands of workers rallied in other cites, such as Bandung and Semarang. Dita Sari said the fight was not over yet. "It depends on how much pressure we can apply. Workers have to build a national movement in order to win the struggle," she said.
For more information see: http://tapol.gn.apc.org.htm
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SECTION 1. POLICY.
The North Dakota Judicial System policy is to promote the self-improvement of judicial officers by establishing a mandatory judicial improvement program that assists each judicial officer in improving judicial performance and conduct in order to enhance the effective and efficient performance of judicial duties.
SECTION 2. APPLICATION.
This rule applies to all judicial officers. For purposes of this Rule, "judicial officer" means justices of the Supreme Court, judges of the District Court, and judicial referees. This rule does not apply to surrogate judges or judges of the municipal courts.
SECTION 3. IMPLEMENTATION.
A. Except for the compiling and summarizing of survey results, the judicial improvement program will be managed by the office of the State Court Administrator consistent with the requirements of this rule.
B. Approved forms must be used throughout the state as the minimum survey document to provide comments to the individual judicial officer. The forms may be modified periodically. Survey instruments may elicit both qualitative, non-numerical and quantitative, numerical responses.
C. Whenever possible, the court will use an electronic survey process. Attorneys and court personnel will be notified when the survey period for a judicial officer has been opened. The response period will be 14 days from the date of the notice.
D. The subject of the survey must not receive or see the completed survey document. The subject judicial officer shall select another judicial officer or other person, or both, who will review the survey results with the judicial officer. The subject judicial officer shall provide the name of the reviewer to personnel designated under Section 3A, who shall notify the entity identified in Section 3E.
E. The Supreme Court shall contract with an independent entity for purposes of receiving and summarizing survey information, and transmitting survey summaries to reviewers. Upon receiving the survey results, the entity shall summarize the responses and provide narrative and statistical summaries to the reviewer selected by the subject judicial officer. The summaries should separately reflect information provided by attorneys and self-represented litigants and by court personnel unless, based on the number of responses, segregating the information may result in identification of survey respondents.
F. Upon receiving the survey summary, the reviewer shall review the information with the subject judicial officer and make recommendations to aid in improving judicial performance.
SECTION 4. FREQUENCY OF SURVEYS.
Judicial improvement surveys must be conducted within two years following the election of the subject judicial officer unless the judicial officer is a referee, in which case the surveys must be conducted during each four year period following the referee's appointment. Only one survey for each judicial officer is required during each term of office, or four year period, but a judicial officer may elect to have surveys conducted more frequently.
SECTION 5. CONFIDENTIALITY—DISPOSITION OF SURVEY RESULTS.
Survey results, summaries, and any reports are confidential and shall not be disclosed except as provided in this rule. The subject judicial officer shall not publicly disclose information resulting from the review conducted under Section 3F. The reviewer shall not disclose survey summary information to anyone other than the survey subject. Following completion of each survey process, the reviewer shall return the summary information to the entity described in Section 3E. After the return of the survey summary, the entity shall immediately destroy the summary, along with any related survey information. The entity shall not retain any survey information concerning a subject judicial officer after completion of the survey process.
Rule 48 was adopted March 1, 2003; amended effective March 1, 2005; amended effective June 1, 2016; amended effective January 6, 2021.
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Banker wins £15m for 'ugly' dismissal
A TOP Wall Street executive has won £15.5m in damages from banking group UBS in one of the largest sex discrimination awards to an individual.
Laura Zubulake, 44, a former director of the bank's Asian shares sales desk in New York, sued the Swiss financial giant after being told by a male executive she was too 'old and ugly and she can't do the job'. She was fired in 2001 after two years with the firm.
A jury in Manhattan decided she should receive £4.8m in compensation and a further £10.7m in punitive damages. Ms Zubulake said she was 'gratified and relieved' by the verdict and hoped it would encourage 'all women on Wall Street who experience similar things'.
UBS, Europe's largest bank, argued that she was not discriminated against because she was a woman but because she 'had performance problems' and was not a team player.
'She did not improve and she didn't even acknowledge that there was a problem that she needed to address,' the bank's lawyer argued.
The jury believed Ms Zubulake's version of events. During her evidence in the three-week trial, she said she was 'appalled' to have been invited by a male superior to a strip club in Boston.
She also said she was belittled by her boss in front of colleagues and denied lucrative client accounts. Ms Zubulake also said she had been discriminated against by being excluded from events to which the firm's clients had been invited. She said they included 'more than one baseball game' and two golf outings.
She claimed that trips to strip clubs were on company expenses. She said: 'One of my colleagues was expensing a client outing to Scores' - a strip club in New York - to which she was not invited. She said she was fired because she complained to US employment regulators.
Another former employee said she had heard a supervisor call Ms Zubulake 'old' and 'ugly'.
UBS is to appeal against the judgment. Spokesman Kris Kagel said: 'We regard the amount awarded as excessive and will now move to set aside the verdict.'
It is rare for a discrimination case against a Wall Street firm to end in a jury verdict. Most are resolved through arbitration or settled. There has been a flood of similar cases in recent years on both sides of the Atlantic.
While similar sex discrimination cases are on the rise in Britain, damages have been much lower. Schroders was forced to pay City analyst Julie Bower £1.4m in 2002 for being paid less than equivalent male colleagues.
LONDON'S Square Mile has also been hit by 'Sexism in the City' allegations.
Julie Bower v Schroder Securities
The share analyst was awarded £1.4m in 2002 after she received a bonus of £25,000 compared with male colleagues who received up to £650,000.
Elizabeth Weston v Merrill Lynch
The lawyer was given a £1m settlement after a male colleague made remarks about her breasts and sex life at the office Christmas party.
Kate Bleasdale v Sinclair Montrose Healthcare
She received £2.2m after claiming male boardroom colleagues failed to back her.
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Law is a system of rules created and enforced through social or governmental institutions to regulate behavior. Its precise definition is a matter of longstanding debate, with scholars across the world researching and debating a variety of approaches to understanding law. However, it is generally agreed that law is a set of rules and a system of enforcement to ensure individuals or communities adhere to the will of the state. This will usually be enshrined in a constitution, either written or tacit, and enforceable through the courts. Laws may be made by a collective legislature through statutes, or established by judges through case law (which is the basis of common law jurisdictions). Individuals can also create legally binding contracts and agreements.
A key element of any legal system is the rule of law, which refers to a principle in which laws are publicly promulgated, evenly and independently enforced, and are consistent with international human rights norms and standards. This also requires measures to ensure the supremacy of law, equality before the law and accountability to the law, separation of powers, participation in decision-making, and legal certainty and transparency.
The study of law is an essential part of the modern world and raises fundamental questions concerning fairness, equity and justice. It is the subject of a wide range of academic fields, including legal history, philosophy and economic analysis.
Oxford Reference provides a comprehensive range of specialist encyclopedic entries on all areas of law, covering major concepts, terms and processes and highlighting the main issues and debates. The collection covers everything from criminal law, taxation and social security law to civil rights, family law and employment law. It includes a wealth of expert definitions, complemented by charts and chronologies where appropriate.
A word that may be added to a dictionary entry for Law is “legal term”. These words are often used in everyday speech, but are sometimes formally defined in dictionaries and glossaries. A useful way to understand the terminology of legal terms is to consider the following definitions:
Examples of such terms include a capital offense – a crime punishable by death; inculpatory evidence – proof that a defendant committed the alleged crime; in forma pauperis – permission granted to sue without paying court fees on the grounds of poverty; and the judgment – the official court decision finally determining the respective rights and claims of the parties in a lawsuit.
Law is a complex and largely uncharted area of study, with many different books and articles published on the topic each providing differing opinions and definitions of law. It is important to note, however, that even though the precise definition of law is a matter for debate, what is not disputed is the importance of it to society. A society that does not have the ability to enforce its laws will quickly lose its stability and may collapse under the weight of its own contradictions. This is why it is so vital to protect and defend the rule of law in every country.
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Compliance violations by and within businesses have now assumed international proportions. At the same time, the responsibility of both local and corporate management to prevent compliance violations has increased all over the world. Within this context, this book provides an international review of effective compliance regulations.
Lawmakers in the applicable economic areas are increasingly regulating the legal frameworks of business operations in areas such as corruption, antitrust law, data protection, money laundering, foreign trade law or customs in a stricter way, with more severe legal consequences, and imposing more barriers on international operations.
With respect to 30 jurisdictions, international experts answer important questions such as: What are the liabilities of a business, manager or shareholder in a given country and how can they defend themselves? What are the major areas of law and threats they should take into account of and how are they enforced? In addition, the experts provide useful tips for foreign shareholders and compliance or legal department regarding the issues they should pay special attention to.
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Just hours before a mentally ill man opened fire in a Lafayette, Louisiana, movie theater, wounding nine and killing two before turning the gun on himself, President Barack Obama had this to say to the BBC: “If you ask me where is the one area where I feel I have been most frustrated and most stymied, it is the fact that the United States of America is the one advanced nation on earth in which we do not have sufficient, common sense, gun safety laws. Even in the face of mass killings.”
But Obama has the option to do more than vent. Just as he has had to act unilaterally without Congress in other areas, he and his Department of Justice have a few options to try when it comes to gun control, from suing states to writing tougher regulations under existing laws. Forget Congress. After all, as a gun control activist in Chicago once told me: “The NRA doesn’t worry about buying off politicians—they worry about law suits.”
Story Continued Below
Here are three things that Obama and his Justice Department could do during his last year and a half in office—unilaterally. All they need is the political nerve.
1. Use Title VI of the Civil Rights Act. Compared to its well-known fellow sections Title IX and Title VII, Title VI is much easier to forget. It says that state or local “programs” or “activities” that receive any federal funding or assistance cannot have a “disparate” racial impact. It seems clear enough that states receive at least some federal assistance for law enforcement as a program or activity—and that includes the licensing of gun dealers. A few states have tough rules for dealers: Sales are videotaped, dealer employees are trained to guard against straw purchasers, state monitors check in with the stores and, ultimately, stores that can’t clean up their act are shut down. Other states, though, let their dealers run wild, and their guns end up at the center of crimes all over the country.
So why not take on these lax states under a civil rights law? That seems fair enough when guns from such states typically go to illegal users in minority neighborhoods and turn them into war zones. The Justice Department could take the position—and even issue a rule—that in violation of Title VI of the Civil Rights Act such lax methods of state law enforcement, which is funded in part by the federal government and therefore subject to that law, have the effect if not the intent of discriminating on the basis of race.
Under Title VI, private plaintiffs suing over such lax federally assisted law enforcement by states would have to prove specific intent to discriminate on the basis of race. But Obama’s Justice Department just has to show the effect: “disparate impact” on minorities. That’s easy enough to prove. According to a 2010 study by Mayors Against Illegal Guns, the gun-permissive states Indiana, Mississippi, West Virginia, Kentucky, Alabama and Virginia “export” 31, 50, 46, 34, 33 and 32 crime guns per 100,000 residents, respectively. By contrast, California and New York, which have much tougher gun laws, export approximately 5 and 2 crime guns per 100,000 residents.
And where do those guns end up? In minority neighborhoods of big cities. A 2014 Columbia University study found that gun-related deaths for African Americans are at double the rate what they are for whites nationally. And it’s probably higher still, because so much urban gang violence is under reported.
In Chicago, where I live, the largest out of state sources of illegal guns were laxly reguated states like Indiana, Mississippi and Wisconsin—which supplied 19 percent, 6.7 percent and 3.6 percent, respectively, of guns used to commit crimes in the city, and all of which barely regulate their gun dealerships. I wish the Chicago City Council, instead of railing about the Spike Lee’s film “Chiraq,” would pass a resolution asking the Justice Department to bring the Title VI suit that big cities like Chicago cannot bring.
But, you might ask, didn’t Congress prohibit lawsuits against gun dealers and manufacturers? It did, more or less, in the notorious “Protection of Lawful Commerce in Arms Act,” passed in 2005. But nothing in that shameful law would bar a state from getting tougher on the licensing of dealers—or preclude the federal government from suing a state for lax regulation of a federally assisted activity that had a racially disparate impact.
Well, some may shrug, “They’ll get the guns anyway.” Sometimes, yes; and sometimes, no. But it will be harder. In 2006, New York City settled lawsuits against 27 gun dealers who were videotaped selling guns to straw purchasers in undercover stings. As part of the settlement, a special master was appointed to monitor the stores and ensure that safeguards against illegal sales were in place. A later study of 10 of these gun dealers over a period of a year found that the number of guns sold at these stores and then discovered at crime scenes had declined by 80 percent.
Full disclosure: My law firm has brought a suit under an Illinois state law similar to Title VI. Because Illinois leaves gun regulation up to local governments, we are suing three towns in Cook County where guns from local gun shops end up in crimes on the South Side and West Side of Chicago. (We can bring this suit in Illinois because this Illinois analogue to Title VI allows private plaintiffs to sue Illinois local governments for “disparate impact.” But this Illinois law does not—cannot apply to dealers in Wisconsin, Indiana or Mississippi.)
Sure we might lose. So might the Obama administration.
But count up the dead bodies. Isn’t it worth a try?
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Asset division in divorce has the potential to be a sticking point. Even if you’re both willing to work toward a compromise, you can expect to face challenges along the way.
Using a property division checklist can streamline the process and give you a better idea of what you need to negotiate during mediation. Here are four categories you can use to organize your checklist:
- Real estate: This typically includes the marital home, but can also cover vacation property, undeveloped land and business real estate.
- Personal property: The items you keep in your home fit within this category, with some of the most common including collectibles, electronics, rugs, antiques, furniture, clothing, home office equipment, jewelry and motor vehicles.
- Financial assets: Often the most valuable marital resources, these range from cash on hand to bank and retirement accounts.
- Business assets: If one or both individuals is a business owner, some assets associated with the company could potentially be subject to division in a Connecticut divorce.
One thing to consider is that your soon-to-be ex-spouse may attempt to hide assets from you and the court so they are not subject to division. For example, the contents of a safe could wind up redirected for one spouse’s sole use and not divided accordingly.
Without a checklist guiding you, it’s possible you could overlook something of importance as you move through the property division process.
If you have reason to believe your spouse is hiding assets, learn more about your legal rights and the steps you can take to protect them. You don’t want to miss out on something of value to which you’re entitled.
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5 Signs That Your Employer Might Be Mishandling Your Workers' Compensation Case
If you have recently tried to file for workers' compensation, you may trust that your work will follow through on the process. However, it isn't always this simple and sometimes it is safer to bring in a workers' compensation lawyer to review your case. Here are five warning signs that your work might not follow through with your best interests in mind when it comes to workers' compensation.
1. If Things are Still 'Business as Usual'
If you think you have put in a claim, but are still on regular payroll and have been encouraged to just go to your regular healthcare provider, something may be amiss. If you haven't been seen by a workers' compensation delegated physician and your pay isn't augmented to worker's comp rate, your employer may not have filed. Without this, they might state that your workers' comp claim never even existed, and worse, that you never questioned it and took your full salary.
2. No Documentation of Injury Filed
If you went to your employer to file a claim and explained your injury, you may think you have done your part. If you haven't received a copy of the injury report, there is a chance this was discussed but never filed.
3. Your Claim or Return is Augmented by Insurance
If your insurance is vague with you or things keep changing, this can be a red flag. If specific medical appointments are left off of your claim, or different information is listed about your injury occurrence, you need to look into this. Your insurance provider might be at best making mistakes, and at worst, trying to minimize your case. Either way, getting an attorney to review all documentation is necessary.
4. Your Injuries are Minimized or Denied as Work-Related
If your employer will not take your injuries seriously or denies these things occurred at work, you need to find an attorney right away. Sometimes long-term injuries such as back problems and carpal tunnel are said to not have happened at work, when there might be repetitive evidence to the contrary.
5. If Your Company Delays Your Case
Sometimes employers hope that an injury might just blow over, and they will delay a case until staff get so frustrated that they just give up. If your claims aren't coming back or you have medical bills mounting, getting a lawyer to make sure that your employer is actually following procedure might be necessary.
If you feel as if your work might not be taking your workers' compensation claim seriously, make sure to look out for warning signs. Hiring on a workers' compensation attorney from a firm like Mooney and Associates LLC is the best way to make sure you are covered.
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An employment law tribunal is an extremely worrying time for both employees and employers alike, with potentially damaging financial outcomes on both sides of the case.
In most cases, employers will do anything they can to ensure that an employment tribunal is avoided, hoping to find an alternative solution to the employee issue. However, proposed employment law changes in the near future could well see an increased willingness to take part in employment law tribunals, with potential legislation set to make the process considerably easier, cheaper and less time consuming. Employment tribunal presidents would also be put in place, acting as independent adjudicators and ensuring that all cases are dealt with in the same manner.
The employment tribunal procedure
March 14 saw the announcement of the potential new rules regarding employment tribunals, with the government hoping to make the process considerably easier for both parties involved. Proposed changes to the system include:
- Preliminary hearings which will combine pre-hearing reviews and case management discussions. This will reduce the overall number of tribunals which take place, leading to more efficient completion of cases, which will reduce the cost and time required for all those involved.
- Guidance from Employment Tribunal Presidents to ensure that all employment tribunals are dealt with consistently.
- Reduction in the amount of paperwork needed to withdraw a claim, or for a frivolous claim to be dismissed.
While these changes to the system would be fairly significant, certain key aspects would remain unchanged. Both parties in a case have a legal right to employment tribunal representation
To conclude, it seems that these potential changes to the tribunal system will make the process considerably easier, disposing of frivolous claims and leading to an increased willingness for relevant cases to progress to the tribunal stage. The full impact of the employment law tribunal reforms remains to be seen, but at this stage the consequences certainly seem to be of a positive nature.
This is a guest post for TheEmployable
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Journalist Khachik Zakaryan, who was shot by a Soviet officer at the Zvartnots airport in Yerevan, was the first victim of the Artsakh movement.
On July 5, 1988, Soviet troops under the command of criminal general Makashov seized the Zvartnots airport. The purpose of the seizure was to suppress the strike of the airport workers and to commence the punitive operation against the propagating Artsakh movement.
Having received information about the seizure of the airport, several thousand protesters from the Freedom Square headed towards it. Soviet troops began beating the rally participants at the airport.
Hundreds of people were injured, and Khachik Zakaryan, who was reporting from the rally, was shot in the face by an officer of Soviet troops.
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Hello Afrolatina Girl Peeps! Sorry that you haven’t heard from me in awhile but believe me when I tell you, it has been a LONG summer thus far! I’ve been dealing with among many things, family medical problems, work drama, and kitchen remodeling. When it rains, it pours, and right now I am experiencing a downpour. I am looking forward to things getting better over these next few months. I have a trip to Europe planned with my husband this summer, and I am excited about it. I hope it will be a nice reprieve from all of life’s stressors.
So Afrolatinagirl peeps I am sure you have you been keeping abreast of all the racially charged news reports that have been surfacing lately? Let’s see, there have been so many incidents that it is hard to keep track. Michael Brown, Eric Garner, Freddie Gray, Tamir Rice, and the list goes on and on. With all of the violence being exhibited against people of color lately, I must say that it feels as though we are living in the 1950’s or 60’s. As a person of color, I can’t help but feel like we are collectively under siege.
This most recent incident involving teenagers at a pool party in Texas shows law enforcement again getting out of hand. Kids celebrating the end of the school year at the neighborhood pool ran into trouble when police were called to break up a fight between two older white woman and an African-American teenage girl. The fight started when the woman allegedly began harassing the black pool goers. Telling them that they needed to “go back to their section 8 homes.” Some young African-American community members were accused of trespassing and not belonging at the pool despite having pool passes.
The part of the pool escapade that is garnering the most attention has to do with the way in which one of the officers, David Eric Casebolt, handled the situation. Officer Casebolt, can be seen on video waving his gun around, yelling and cursing at teenage bystanders. Brandon Brooks, one of the few white teens in attendance, admits that he along with friends (the boys being detained in the video), gained access to the pool despite not having pool passes. In the video, you can see Officer Casebolt asking Brandon’s friends, to sit on the ground while Brandon is not detained and allowed to continue filming. At no time does the officer ask, Brandon, to take a seat. I have heard people argue that the treatment of the African-American teens had nothing to do with race. That seems hard to believe when you consider that Brandon, essentially guilty of the same offense as the young men being detained, was allowed to move around freely during the incident. Which also begs the question, what about the two white women who allegedly started the fight with their racial slurs? I have heard no mention of them. It would seem to me that the officers could have spent the majority of their time dealing with the instigators rather than trying to round up a bunch of teenagers.
Later on in the video we see Officer Casebolt become increasingly unstable as he restrains an already seated 14-year old swimsuit clad African-American girl. He proceeds to place her forcibly face down on the ground, and if that isn’t bad enough, he secures his knee firmly on her back to so that she doesn’t escape. From the video, it appears that the young girl may have been voicing her opinion about the events unfolding, but her commentary does not seem to warrant the officer’s use of force. He does not appear to be in immediate danger. The girl is not lunging towards him, nor is she brandishing a weapon. The whole encounter is disturbing on a number of levels and as a parent of a young girl it has me enraged. You can believe that if that were my daughter, I would want some answers.
The Texas pool party serves as an example of just one of many incidents making me sick to my stomach lately. As a parent, you always worry about protecting your children from outside elements. That is the nature of parenting, but now more than ever I find myself struggling with what to tell my children about the police. More importantly I struggle with how to keep them safe from a group ultimately tasked with their safety. I have heard a lot of white people say, “if you follow the rules, you shouldn’t have anything to worry about,” but if you are a person of color in the U.S., it is hard to know what rules to follow. In our society, a person of color can do everything right and still be perceived as a threat while our white counterparts are given the benefit of the doubt. Brandon is a perfect example of this. He admittedly is guilty of the same infraction as his friends, but he doesn’t suffer the same consequence for his actions. Instead, he is presumed innocent and allowed to film the incident without question. What this tells me is that no matter what the rules might be, they are different for white people. So how do you arm your kids with the knowledge needed to protect themselves in the world when the playing field is uneven and rules can be changed at whim?
So what’s the answer? There isn’t just one. The one size fits all, guilty before being presumed innocent approach taken by some cops needs to be squashed. I am no expert, but these are my recommendations:
- The public needs to continue to videotape mistreatment whenever possible so that we can bring these incidents to light.
- We need to institute a nationwide policy of mandatory video cameras on officers. Bad officers need to be held accountable for their actions, and videotaping officers is a step in that direction.
- Sensitivity and cultural diversity curriculum needs to be infused into law enforcement training programs across the country. Training in general needs to be revamped.
- Officers that are doing their jobs honorably and respectfully should be rewarded. In the case of the pool party incident, it is only fair to mention that there were other officers on the video that seemed to be handling the situation relatively well. Many of them appeared to be taking appropriate action. We know that not all cops are bad, and the good cops should be rewarded for a job well done.
- We need to dismantle the pervasive belief that policemen are above the law. Not sure how to do this other than taking a look at the corruption that exists in many police departments across our nation.
I think we are all in agreement that incidents like the Texas pool party debacle need to end, and the only way that will happen if we take a long hard look at law enforcement in the U.S. The system is not working. I want to believe that it is possible to change things if police departments acknowledge that a problem exists and they take the necessary steps to fix things. I hope that I am able to one day tell my babies, “here are the rules that you must follow, and these rules apply to everyone.” I hope that I don’t have to fear for their lives every time we are apart. Until things change I will do my best to educate them on the ways of the world with the knowledge that what I say might not matter. I will also continue to keep my videophone handy.
Keep your phones handy too Afrolatinagirl peeps, it looks like we are going to need them a little while longer.
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BART, under public pressure, has finally released a video that shows part of the shooting of Charles Hill. Zusha Elinson of the Bay Citizen continues to do great work on this story (which the Chron didn't even put on the front page). He's got a good analysis, but after watching the video about 20 times, with as much stop action as my computer could give me, it seems pretty clear that:
1. The officers made no credible attempt to calm Hill down or de-escalate the situation. The shooting happens only 25 seconds after the cops arrived on the scene.
2. There's no evidence on the video that Hill threw a bottle at the officers. It does appear that he threw what BART identifies as a four-inch knife, but it didn't come anywhere close to the cop you can see in the video. And it appears, from my viewing (and Elinson's) that the knife was thrown AFTER the shot was fired. Which could mean the guy was holding the knife and it flew out of his hands as he got hit -- or it could mean that once he realized he was shot, he heaved it toward the officer.
3. Hill was not anywhere near close to the officer (and thus couldn't have been credibly threatening to stab him) when the shot was fired.
As an aside: It's clear that a knife can be a deadly weapon. A cop being attacked by a knife has the right to defend himself with lethal force. And a knife that it thrown with the right degree of skill and accuracy can be every bit as lethal as a bullet. But in this case, Hill was visibly intoxicated (which was why the cops were called in the first place). He may have been an expert knife-thrower (although it appears he wasn't -- the knife clattered away several feet from the officer). But I can tell you, because I'm into this sort of thing, that's it's very difficult to throw a knife well from even a few feet away. It takes years of practice to get good with a perfectly balanced knife, one that's designed to be thrown. If the "four inch knife" Hall threw was a pocket knife or any kind of knife with a heavy handle, the difficulty would increase dramatically; those knives tend to travel in an unbalanced spin and wind up hitting the target handle-first (and thus fairly harmlessly). And I don't know very many people who can throw any sort of knife with any degree of accuracy when they're drunk.
Again: The cops had no way of knowning what this guy's skill level was. He could have been a ninja assasin able to stick a dull pocket knife in someone's heart from 50 feet away blind and dead drunk. I'm just saying: The level of threat here was a lot lower than, say, a man holding a guy, or a man holding a knife a foot away.
San Francisco cops are required to undergo training to deal with people who are mentally ill, unstable, drunk or on drugs. Part of that training involves trying to talk the person down, trying to avoid a situation where any sort of force is necessary. That clearly didn't happen here.
One more note: When I was working on another BART shooting story years ago, I read a book on police use of force and it had an interesting comment. I quote from my prior story:
In Modern Police Firearms, a textbook on law-enforcement procedures, Professor Allen P. Bristow of California State University, Los Angeles, writes that deadly force should be used to stop a fleeing felon only when "he cannot be contained or captured" through other means. Further, Bristow notes, an officer considering deadly force should ask the following question:
"Is the crime this suspect is committing, or are the consequences of his possible escape, serious enough to justify my taking his life or endangering the lives of bystanders?"
In this case, the guy wasn't fleeing, but the question remains: Was his alleged crime serious enough to justify taking his life?
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Forever Young, Forever Chemicals? PFAS in Cosmetics: Health and Litigation Risks
Presented by Catherine Boston, MPH, DABT & Emily Goswami, M.S., CIH of Roux and Alexandra B. Cunningham, Esq. of Hunton Andrews Kurth LLP
Thursday, December 8th at 1-2pm EDT
Per- and polyfluoroalkyl substances (PFAS) have been in the public spotlight across the United States due to concerns about drinking water exposures. The United States Environmental Protection Agency and select states have established incredibly conservative drinking water thresholds with the stated goal of protecting human health. But what about other exposure pathways and sources?
PFAS have been used in a variety of consumer products—and multiple studies have detected PFAS in cosmetics and other personal care products. In an industry that has been moving toward “clean” and “non-toxic” products, the presence of PFAS presents marketing challenges and potential risks.
On this webinar, the presenters will address questions such as:
- Which products contain potential issues?
- How can we accurately interpret analytical results?
- Where are the PFAS coming from, if not intentionally added to a product?
- How do we quantify exposure?
- Can exposure to PFAS from cosmetics be harmful?
- How are PFAS in cosmetics being addressed in legislation and regulations?
- What are the potential health and litigation risks?
Please join Catherine (Catie) Boston, DABT, MPH and Emily Goswami, M.S., CIH of Roux and Alexandra B. Cunningham, Esq. of Hunton Andrews Kurth LLP to answer your toxicology, exposure, and legal questions related to PFAS in cosmetics. Join us by registering via the link below.
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Toddler Injured in Hit-and-run Accident on Ella Boulevard in Harris County, TX
Harris County, TX -- September 15, 2022, a toddler was injured after an accident on Ella Boulevard from which a driver allegedly fled.
Investigators said that the incident happened just before 8:30 p.m. along Ella Boulevard near the Kuykendahl Road intersection.
It appears that the 2-year-old boy hurt in the accident was somehow hit during an accident. After the collision, authorities say one of the drivers fled the scene but was taken into custody.
The toddler was taken to a hospital with unspecified injuries. Charges for failure to stop and render aid are pending.
Commentary on Toddler Hit-and-run Accident on Ella Boulevard in Harris County
With an accident like this, it's always encouraging to see someone getting their day in court to answer for what happened. But it's important folks don't just assume that's all there is to the story. Hit-and-runs can be rather complex depending on why the driver left the scene.
For example, alcohol is a common factor in these accidents. That can create a complex legal scenario if a local bar illegally over-served the driver. That bar would then be liable for their role in the accident under dram shop law.
I'm not saying anything like that happened here, of course, but it's a possibility that should at least get attention. If nothing else, a family deserves every opportunity available to them to get the help they need.
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Child sexual abuse complaints whether primarily revealed or found incidentally while exploring causes for other clinical physical or mental complaints is not an uncommon presentation in Indian clinical settings. The abuse may amount from molestations to rape and may occur in various contexts such as family, school etc.
The first question in this context is: are there guidelines for dealing with such cases. The answer is yes . The POCSO act, 2012 details out steps on how to go about in such cases. Also there have been professional conventions earlier ( e.g., refer to Indian pediatrics journal, vol-47, 2010; http://medind.nic.in/ibv/t10/i- 6/ibvt10i6p493.pdf)that have made recommendations on handling child sexual abuse cases. I am sure there is much more literature on this if one conducts just a Google search.
The second question is: How many concerned clinicians follow these guidelines so that deserving justice and treatment is meted out to the victim /victims of the abuse. The answer is :……. If you know the answer, kindly fill in the blank.
Many of the clinicians and institutions either or not aware of the recent laws in this regard or despite being aware are hesitant to initiate actions fearing that they will be unnecessarily pulled into some mess which may ruffle their peaceful
life and disrupt their other ‘serious obligations’ and mar their ‘reputation’. But please did you forget your oath or unwritten principles you are bound to abide by when you stepped into such a profession?
As per the POCSO act, 2012, the moment an individual/institution becomes aware of the possibility of a child being abused , the police needs to be alerted. This may be done even without the permission of parents. Not doing so can invite legal punishment – either six months of jail or fine or both.
Let us for a while, ponder ( regardless of whether such a law exists or not) about the moral and ethical obligations we have being in a such a revered and responsible role of a clinician. Empathy, is what we always harp about so much in our lectures , seminars and conventions. Does it just fly out with the wind when we are faced with a real life situation( here, CSA) ? Why do we transfer our responsibility to X,Y and Z individuals and feel that we did our bit. What if those ‘responsible people’ don’t act? Why do we satisfy and hide ourselves behind the intricate explanations and reasons of complex socio-cultural –familial systems and institutional policy limitations …blah blah… of why certain actions cannot be implemented in a given context.
It is not enough just to give talks, interviews, write articles on these issues. In the first place why does one make others aware of these issues? So that others can act based on the awareness created. But if clinicians fail to act on what they preach, is there a better mockery of them than that? Empathy is not something to be practiced only in the confines of one’s cozy clinic and if that quality really exists then it has to go outside of one’s drawing room and extend to all beings. Sometimes, in case of vulnerable population who cannot fight for themselves, their problems should be our head ache and we may have to take some stakes.
One should draw internal courage from the virtue of being a clinician and act. If the likes of Mahatma Gandhi and Nelson Mandela kept quiet, then a major part of humanity would not have enjoyed freedom. One does not have to be a Gandhi or Mandela for that, but just needs to be humane and really experience the empathy, taking it out of the textbooks.
Let the fear of law not drive one to take up a cause nor the fear of losing one’s skin refrain one from advocating and acting instantaneously on what is obviously right.
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Which celebrities have lost big after being tied to Epstein’s list?
What lurks behind the sealed documents of high-profile cases post-pandemic? In a significant development, a U.S. federal court has recently unsealed hundreds of pages related to the Jeffrey Epstein case. This move has cast new light on the web of connections surrounding the convicted pedophile, who died in jail before facing trial on federal sex-trafficking charges. But what exactly have these documents revealed so far, and what can we expect next?
Decoding the Unsealed Pages
Let’s dive into the heart of the matter. The documents, closely reviewed by CNN, include names previously redacted for privacy. These names encompass Epstein’s associates, accusers, and others linked to a civil case filed by one of the victims. With more documents expected to be unsealed, the story is only beginning to unfold.
Most names revealed were already suspected to have links with Epstein, stemming from a 2015 civil suit by Virginia Giuffre, an alleged victim of Epstein and his partner, Ghislaine Maxwell. Maxwell, found guilty of sex trafficking in 2021, is currently serving a 20-year sentence. While appearing in these documents doesn’t imply wrongdoing, the depositions and testimonies highlight Epstein’s connections with the elite, despite his 2008 conviction for soliciting an underage prostitute.
High-Profile Names and Lingering Questions
Among the prominent figures mentioned are former presidents Donald Trump and Bill Clinton, Prince Andrew, and several others, all of whom have denied any wrongdoing related to Epstein. While neither Clinton nor Trump are accused in the documents, their associations with Epstein have been noted.
Clinton’s spokesperson reiterated a 2019 denial of any knowledge of Epstein’s crimes, emphasizing nearly two decades since Clinton’s last contact with Epstein. The Trump campaign accused the media of distraction, with Trump himself previously stating his disassociation from Epstein.
The documents also include references to three unidentified individuals in Giuffre’s deposition. The mystery around these names adds intrigue to the unfolding narrative, with at least two individuals appealing to keep their identities sealed.
The First Batch of Many
These hundreds of pages are just the initial release, with more expected soon. While the first batch didn’t reveal major bombshells, it’s crucial to note that this is the first time these court-filed documents have become public. The excerpts from Maxwell and Giuffre’s depositions, along with Johanna Sjoberg’s testimony, provide a glimpse into the intricate network Epstein maintained.
The deposition transcripts reference several notable names, including a mention of Bill Clinton and an anecdote involving Donald Trump. However, it’s important to clarify that these references don’t imply any legal accusations or wrongdoing.
As we await further unsealing of documents, it’s clear that this case is far from over. The legal and social implications continue to ripple, shedding light on the complex and often hidden dynamics of power and abuse. The public’s attention is fixed on what the upcoming releases will reveal, and whether they will answer the many lingering questions.
In a saga filled with twists and turns, what will the next chapter bring? And more importantly, what truths are yet to be uncovered in this intricate web of connections and allegations?
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Head of Haiti's police academy shot and killed in gang-controlled neighbourhood
Haitian, international authorities grapple with how to control rampant gang violence
The director of Haiti's National Police Academy was shot and killed at the doors of a police training facility in a gang-controlled neighbourhood in the country's capital of Port-au-Prince, Haitian police said Friday night.
The killing of Harington Rigaud is just the latest in a number of attacks against law enforcement, including the killings of police officers and attacks on official buildings. It also comes as Haitian and international authorities grapple with how to control rampant gang violence in the Caribbean nation.
Video circulating on social media on Friday shows Rigaud's bloody dead body stretched out on the ground. Later in the evening, police spokesperson Garry Desrosiers confirmed the killing, writing that Rigaud was shot inside an official police vehicle as he was about to enter the police academy.
Desrosiers was unable to confirm immediately who killed him, which is not out of the norm in Port-au-Prince, where gangs are estimated to control 60 per cent of the city.
The country's crisis was deepened following the 2021 assassination of Haitian President Jovenel Moïse, which thrust the country into chaos.
- Haitian leaders must all agree before Canada would lead a potential military intervention, Trudeau says
It's just the latest example of how difficult it may be for authorities to rein in violence despite the recent lifting of a gang blockade on fuel supplies, which paralyzed Haiti for weeks.
At the same time, the nation has also struggled with a cholera outbreak, malnutrition and a resulting migratory exodus.
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In a case involving a intercourse offense, usually the one accused of committing the crime is on the robust end of things. Even in case you believe you did not commit a serious crime, a victim might claim that you just sexually harassed or raped them. Because the jury is the one listening in on your case, they may be more inclined to believe the victim, even with out proof. For you, this might imply you face a harsher sentencing from the choose.
However, make no mistake, the cops should not going to let you off straightforward with making this decision. They don’t seem to be used to individuals figuring out the correct method to deal with them (which does not include arguing or speaking your means out of a jam), understanding the weak hyperlinks of their armor. And they’ll attempt to battle you (mentally) tooth and nail to forestall you from attacking these weaknesses. Let me provde the major example of how this works.
Boat and Personal Watercraft Accidents and Accidents
The operator boat or personal watercraft in an accident where a passenger or other boat operator is injured (apart from these that may be dealt with by basic first aid), or involving loss of life or disappearance, or if there may be injury to the vessel ($2,000 or extra), underneath law has the duty to offer discover to a local sheriff’s workplace or police or the FFWCC. It is illegal for any operator of a ship or different vessel to go away the scene with out offering aid and for failing to report the incident.
I’ve written quite a bit on juvenile delinquency previously, and one situation that I’ve all the time puzzled about is the household surroundings and the position it performs in shaping, limiting and stopping the delinquents we research. A whole lot of family components could be analysed, and we’ll go through two or three proper now.
Defending Receiving Stolen Property instances
Prison lawyers should not carry any apprehensions about their actions in court docket. They have the liberty to raise objections against the opposite lawyer if they feel that one thing incorrect has been mentioned. The legal lawyer performing for the protection is vested with the duty of offering a final summation of the case. Very often, such a winding up speech can make or break a case.
Why would the events concerned and the court docket accept it? The reasons for accepting this are as follows – Possessing cannabis inside this limit, or for being underneath the influence of medicine, are usually misdemeanors. Having every other Schedule 1 drug is a felony. Different felonies that incorporate marijuana are cultivation, distribution and trafficking.
It additionally set the stage for hundreds of so referred to as “Askov applications” throughout Canada in the subsequent years. The legal skilled must monitor the questioning by the prosecutor so that if questions are improperly phrased, they are often prevented from entry into the report of the trial.
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Proposed changes to company distribution rules create uncertainty for property developers, and potentially 28% more tax!
The government has released draft legislation which potentially brings capital distributions from a company in a liquidation into the income tax rules, so that they are instead taxed at dividend tax rates.
The rules affect close companies where the shareholder(s) carry on the ‘same’ or ‘similar’ trade or activity in a two year period after the liquidation (either directly or through another company), and one of the main purposes of the liquidation is deemed to be the avoidance of income tax.
A common structure for property developers is the use of a stand alone special purpose vehicle for each particular development. Such a company is then typically liquidated following the sale of the properties developed. This allows the developer to segregate the commercial risk of each development and to then cleanly remove the entity once the work has been completed. There may also be a different pool of investors involved in each development. It also has potential tax benefits with the capital distribution received potentially only being subject to a tax rate of 10% under the capital gains tax rules .
The use of the word ‘similar’ in the draft legislation could potentially catch property developers who go on to set up a similar structure for a new development within a two year period after the liquidation. Whilst there are often valid commercial reasons for doing this, these rules are likely to create a great degree of uncertainty.
The new rules are currently subject to consultation and it is proposed they will take effect for distributions from 6 April. It is not a coincidence that this is the same date that dividend distribution rates will be increased! A taxpayer caught by the provisions could suffer an additional 28% of tax when compared to the current rules (38% dividend versus a 10% capital gains tax rate).
It is crucial that the consultation process brings more clarity to these provisions, as part of this we would recommend that a clearance process is introduced to give taxpayers more certainty where their company is going through a liquidation.
For more informations regarding the proposed changes or to talk through the impact on your business, contact Menzies directly.
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By Victor Ferrao
The farmers’ protest has gone on for days and several of the protesting farmers have died due to the biting cold of Delhi.
The Government so far has failed to find a middle ground and the farmers are determined to their intent on the repeal of the three new laws that they describe as black laws.
This is not the first time that the Modi Government is facing mass resistance. But this time the unrest is high in decimals. The anti-CAA (Citizenship Amendment Act) protests were first. Unfortunately, the global pandemic prematurely derailed those protests. Besides, those being led by our Muslim brethren, it was easy for the government to use its standard ideological trope of national disloyalty as well as perhaps unleash the menace of vigilante counteraction. This is why we might have seen much destruction and loss of life in the Delhi riots. But this time, things are different. The farmers pose a far more political threat than the previous mass mobilization.
This does not mean that the government machinery did not slam the farmers with their standard ideological trope of disloyalty to the nation. The farmers we indeed framed as Khalistanis. But this narrative did not cut ice with the framers who are struck firmly to their singular agenda to repeal the laws.
The government might have realised that it might end up fanning wind into the sails of the spectre of terror and violence that haunted Punjab in the 1980s. Hence, in a rapid response, another delegitimating tool kit was unleashed. The government projected that some farmers were accepting the three laws. Even the Prime Minister addressed the groups of farmers in Madhya Pradesh through media conferencing. To its bad luck, some vigilant journalists exposed that several of those who masqueraded in those new laws enthusiast gatherings were not farmers yet all.
Thus far the government has tried to handle politically what is mainly an economic issue of the farmer. What is at stake for the farmers is economic and land security. The new laws do not assure them to the farmers. The Government is pushing the farmers into rigours of the market while protecting the corporate houses that will trade on the farm produce.
Farmers are denied basic legal protections and are left in darkness to be exploited by the heartless corporate houses who are only interested in increasing their profit margins. Farmers were left to face the market competition without any economic as well as legal support.
Economists make a distinction between business-oriented and market-oriented policies of the government. The new farm laws push the farmers into the marker oriented policies while keeping the business-oriented policies reserved to the cronies of the government.
Cronies with their lobbying power with the government’s assurance that get favours that protect them from the high and lows of the market. Although up to this point, the overall policy of the government had been business oriented as it assured the minimum support price to the farmers, through the new laws, it is pursuing a market-oriented agrarian policy.
It is this change in the agrarian policy of the Government that is badly hurting the farmers. The farmers are to move into this transition that will also involve contract farming to suit the market without any legal as well as economic safeguards.
Over 80 % of India’s farmers being small farmers, no contract farming in a market-oriented environment does make economic sense as the bargaining power is heavily tilting on the side of the corporate houses that then can ruthlessly pursue their economic goals at the cost of the farmers and their lands. The new laws do not offer a level playing field and the farmers are left in a vulnerable situation to face the ravages of the market.
This means the economics of the three laws is not faultless. They are clearly on the side of the crony capitalists. The government appears to follow John Maynard Keynes’ economic doctrine selectively. Keynes taught that governments have to step in to make economic conditions work for all their citizens. In the context of the farmers, the farmers’ new laws offer a multiplier effect on the side of the crony corporate houses while leaving the farmers to the balancing effect of the invisible hand of the market as stated by Adam Smith.
Globalization has clearly shown that the so-called invisible hand of the market only pushes wealth and resources on the side of the rich and powerful and several governments have brought in protectionist policies. Even, the Brexit in England may be viewed through this prism.
This means the new laws have reversed the agrarian economic policy of the government. Up to this point, the economic policy of the government when it came to farm production was business-oriented. The government positively stepped in to protect the farmers. The new laws have changed all this. The farmers are left to fend for themselves in the market. This means when it comes to agriculture, the government seems to be following Friedrich Hayek who wanted a free market with no interference by the Government.
The new laws are not democratic. They are heavily tilting towards the crony capitalists. This means eventually these laws are not just against the farmers but will also be against the middle class that buys the agricultural products at the price that is decided by the rich corporate houses who have the power to increase the shelf life of the perishable goods produced by the farmers by employing big warehouses that will use a cold chain to keep them fresh.
The agricultural reforms affect thousands of farmers and the discontent farmers have taken to protests. The farmers are not fools. They do understand what is at stake and have entered the protests with a strong intent to fight till the finish. Several among them say that farm reforms are necessary but the three laws do not bring about those reforms. They see the novel laws as destructive of their interest as farmers. Will the Government listen to the cry of the farmer?
(Victor Ferrao, a professor of Philosophy in Rachol Major Seminary in Goa Archdiocese, is a social commentator for local dailies in this western Indian state. Views are personal and do not necessarily reflect the editorial stance of Dalit Christian Digest).
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- Daily Zen
Ritter, which supposedly started making chocolate in square form so it’d fit into jacket pockets easier, registered the shape with the German patent office, and now Milka brand owners Mondelēz have lost a case for dibs on the square shape.
The German chocolate maker, Ritter Sport, has won a case against Milka, the Swiss chocolate manufacturer after Germany‘s highest court said that the distinct square configuration of the confectionery was exclusive to Ritter Sport.
The court order forbids other “top-brand” chocolate makers from manufacturing and marketing chocolate in a square shape.
The case has been ongoing for the past 10 years. American confectionery brand Mondelēz – the third-largest confectionery company in the world after Mars and Ferrero – wanted Ritter Sport‘s monopoly on quadratic chocolate bars to end, but it will not be happening in Germany at least. Mondelez owns the Milka brand.
Ritter Sport sued Mondelez—known as Krafts Foods then— in 2010 for selling a “double chocolate bar” with a similar quadratic design. Mondelez won an injunction in 2016, but it was again overturned in 2017 by a higher court.
Mondelēz’s argument was that the square-shaped chocolate bars are a technical function rather than a trademark. Under European legislation, a three-dimensional form cannot be trademarked if it is an “essential functional characteristic” of the product.
The German Patent and Trademark Office ruled that the design was part of Ritter‘s character and history, in addition to being functional.
And in 2020, the highest court has also ruled in favor of Ritter Sports. The judges said that “consumers considered the square nature of the chocolate bar as an indication of both where the chocolate came from and its quality.” They also say that there was no artistic reason why Milka needed to make a square bar.
Ritter Sport’s thick, square-shaped bar design dates back to 1932, apparently suggested by Clara Ritter, the co-founder of the company with her husband, Alfred. She is recorded as saying, ”Let’s make a chocolate that fits into any sports jacket pocket without breaking and has the same weight as the normal bar.”
Later all non-square merchandise, packaging was removed from the range to fit in with its image. In 1970, the company launched its first television advert with the slogan “Quadratisch. Praktisch. Gut“, which translates to: “Quality. Chocolate. Squared”.
Mondelēz, the third-largest chocolate company, has an annual revenue of around €26 billion, and exports to over 150 countries across the globe. The company website says that over 150,000 Milka products are sold world-wide each hour.
Ritter Sport exports its chocolate to 100 countries and generates over €480 million in turnover per year.
A similar case fought by Nestles in 2018 saw it losing its exclusive right to the tearable design of its KitKat brand. The European Court of Justice ruled in favor of Mondelez owned chocolate bar Kvikk Lunsj, saying that the shape of the chocolate bar is not distinctive enough to amount to a trademark.
Ritter, which supposedly started making chocolate in the square form so it’d fit into jacket pockets easier, registered the shape with the German patent office, and now Milka brand owners Mondelēz have lost a case for dibs on the square shape.
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Will Courts Set Climate Policy through Nuisance Suits?
Posted by Tiffany Clements on January 27, 2010
Nathan Richardson was kind enough to not only share this with the world of Weathervane (BTW, you checked it out lately? It’s pretty boss) but also give me the go-ahead to repost it here. In case you’ve missed it, he’s written a slew of other posts about the intersection of the EPA, Congress and the Clean Air Act.
A polluter emits something that hurts people in a community. These people get together and sue the polluter. Courts then side with the victims under the common-law tort of nuisance, and award damages (or an injunction shutting down the polluter). Before the era of modern environmental regulation, all pollution-related disputes were solved this way.
Regulation has made environmental nuisance suits much less common and less necessary, but they have not disappeared completely. The problems presented by climate change are broadly similar—polluters emit greenhouse gases (GHGs) that ultimately cause harm. In the absence of government regulation of GHGs, can nuisance suits be used to force polluters to reduce emissions or to compensate for adaptation costs?
Suits seeking answers to these questions exist and are making their way through courts now. Some of them have made headlines, such as that filed by Kivalina, Alaska—a town on a barrier island formerly protected by Arctic sea ice, but which now faces increasing erosion. The New York Times reported on the case in an article that also discusses some similar cases, including perhaps the most widely-reported, Connecticut v. AEP. In that case a group of states and private conservationist landowners are suing power companies under a similar nuisance theory.
So are these cases going to end up with major judgments that effectively set policy? Is big tobacco going to be the model for redressing harms from climate change? If tobacco is the model, I wouldn’t get your hopes up. But it is likely that these lawsuits will end up playing a big role in the policy process.
Despite the relatively high-profile coverage of some of the cases, there is not much for advocates of GHG regulation to be excited about. No climate nuisance case (that I know of) has been successful. The biggest “victory” so far has been in Connecticut v. AEP. Still in that case, the Second Circuit simply reversed a lower court’s comprehensive dismissal of the plaintiffs’ claims. The appellate court ruled that courts could decide the case in principle (it was not a “political question”) and that the states did have standing to sue over climate harms. This says almost nothing about the plaintiffs’ likelihood of success on the merits of the case. Causation and damages will be big hurdles for the states when the lower court reaches the merits.
It’s also possible that EPA action could preempt these suits. The Second Circuit ruled that the lack of EPA GHG regulation left the field open for nuisance suits, but strongly implied that any EPA regulation would preempt them. Connecticut was decided just before the EPA released its endangerment finding for mobile sources in December. It’s likely that any nuisance suit aimed at auto manufacturers would fail for preemption reasons now that the EPA has committed to regulating mobile-source GHGs. If the EPA, as many expect, moves to regulate stationary-source GHGs, then Connecticut itself would presumably be preempted also.
This link between EPA regulation and nuisance lawsuits, however, creates a lever through which those suits might still have a big effect on how climate policy gets made—as Jonathan Zasloff at UCLA has pointed out. As nuisance suits proceed, they will put increasing pressure on the EPA to regulate to preempt them since regulation is generally perceived as a superior approach (especially by the EPA itself, one expects). Both nuisance suits and EPA regulation put pressure on Congress to enact climate legislation.
Opponents of action on climate are effectively stuck playing whack-a-mole – if they succeed in blocking action in Congress and through the EPA (possibly by getting a Murkowski-style resolution passed), nuisance suits will proceed with unpredictable results. If they quietly let the EPA regulate, those suits go away, along with a lot of pressure on Congress. But Clean Air Act regulation is a bitter pill to swallow. The most likely long-term result seems to be congressional action—opponents can’t push for inaction forever with the twin threats of EPA regulation and nuisance suits.
In short, nuisance suits make business-as-usual on climate much less likely, even if they are not themselves very likely to succeed. This should be cause for some optimism about the long term if you are frustrated by the current inability of Congress to enact climate legislation.
Nathan Richardson is a Visiting Scholar at RFF.
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Judge Paul Pozonsky, a former Common Pleas Court judge from Washington County in western Pennsylvania, has been charged by the Pennsylvania Attorney General's Office with restricted activities by a public official, theft, obstruction of justice and possession of a controlled substance, based upon allegations, which appear both bizarre and shocking to anyone familiar with the normal operations of the criminal justice system. The scandal took root when Judge Pozonsky implemented a rather unusual procedural rule in his courtroom. Every county has its own local procedural rules, and sometimes even individual judges within a county have their own unique rules. Keeping track of so many different procedural rules drives lawyers nuts, but in the Judge Pozonsky case, it was the rule itself, which would appear "nuts" to any outside observer. Judge Pozonsky mandated that in all drugs cases, the police were to bring the drugs directly to him prior to trial or a pretrial hearing. The judge would then store the drugs in his chambers until the conclusion of the case.
A recent bust of a South Central Pennsylvania prescription drug ring by the Pennsylvania Attorney General's Office is a perfect illustration of why prescription drug fraud is the "white collar crime" of the drug world. Prescription drug fraud often involves active participation by someone in the medical field, such as a physician, nurse or pharmacist, as they are the ones with legal access to prescription drugs. Street drugs like heroin, meth and cocaine, on the other hand, are primarily distributed by either traditional criminals in it for fast money, or pathetic addicts trying to finance their own addictions.
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