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Mayweather files a 120 million dollar lawsuit against Logan Paul's promotion company
Logan Paul and Floyd Mayweather will face each other in Miami this June 6. The fight has been postponed multiple times due to the sanitary crisis.
Floyd Mayweather's company, which bears his last name, filed a lawsuit against events company PAC Entertainment Worldwide for 120 million dollars, according to TMZ Sports. The suit alleges that the fight between superstar Youtuber Logan Paul and Floyd Mayweather Jr. should have happened in Dubai.
According to the allegations made by Mayweather Promotions, PAC "presented financial projections estimating the fight could generate guaranteed amounts for each participant, plus result in the promoters earning more than $100 million in profits after covering all purses and expenses" TMZ, stated.
Moreover, PAC promised the boxing legend a payment schedule that would total 140 million dollars. Furthermore, the agreed contract would have to be settled before the bout would occur, with the first payment of 38 million scheduled for March 25. However, the boxing legend promotion company says the money never came.
The bout was scheduled for 2020 but was ultimately postponed to 2021 because of the sanitary crisis affecting the world of sports. So this is yet another chapter on an already troublesome event.
Mayweather Promotions has filed suit against Logan Paul's PAC Entertainment Worldwide for defaulting on payments due under an agreement to host an event in Dubai.— Darren Heitner (@DarrenHeitner) May 18, 2021
Mayweather seeks a minimum of $122.6 million in relief. pic.twitter.com/QJuGUXWVOa
Mayweather's company claims that the missed payment triggered a clause that would allow them to ask for a fee of 140 million dollars in damages and breach of contract. In addition, "Money's" team states that they had to find a venue themselves, finally picking Miami as the host city.
Finally, this would be Logan Paul's third fight, while Mayweather has a 50-0 record, which he did not put up for dispute. Further, the fight is an exhibition one and is not regulated by professional standards.
The fight will take place on June 6 in Miami and can be watched via Pay-Per-View.
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The Justice Department knocked New York for being "soft on crime" on Friday — vowing to close the spigot on federal funds if Gotham maintains its "sanctuary city" status.
The cuts would ironically include money for a grant program named after an NYPD officer slain while protecting an immigrant.
"New York City continues to see gang murder after gang murder, the predictable consequence of the city's 'soft on crime' stance," Justice officials charged in a press release announcing the June 30 deadline.
Police Commissioner James O'Neill called the agency's accusation a "willful disregard for the facts," highlighting the city's dramatic and steady decline in violent crime over the last three decades.
"I'd like to think of myself as a pretty calm and measured person. I think most of the time I present myself that way," he added. "But when I read that statement by DOJ this afternoon my blood began to boil."
The bitter back and forth came as the feds warned they'll withhold money from the Edward Byrne Memorial Justice Assistance Grant Program if city officials don't prove they're complying with the law.
The program is named after Eddie Byrne, an NYPD officer gunned down in 1988 while guarding the home of an immigrant who had been targeted by gangs for reporting serious crimes in the neighborhood.
The move is the latest in a continuing effort by Attorney General Jeff Sessions to punish cities for protecting undocumented immigrants from deportation.
The threat — and the knock on New York — left Mayor de Blasio livid.
"This is an insult, this statement," he said. "And it suggests that everything that's been achieved didn't happen."
The year Byrne was murdered, the Big Apple saw 1,896 homicides. Last year, there were only 335 murders, part of a record-low crime rate for the city and an 85% decrease in the murder rate since the city's bloody peak of 2,245 murders in 1990.
The feds hit back with a statement squarely aimed at Hizzoner's protection of undocumented immigrants.
"Those policies, implemented by New York City's mayor and his administration, are directly responsible for a dangerous MS-13 gang member walking out of Rikers Island in February," the agency said, referencing the release of 19-year-old Estivan Velasquez.
Immigration and Customs Enforcement deported the alleged gang member after his release, blasting the city for not handing over the Salvadoran immigrant.
On Friday, the Trump administration sent letters to officials in California and eight cities. It demands that they provide documentation that they aren't blocking local officials from sharing information about the immigration status of "any individual" they've come across with federal officials.
"Failure to comply with this condition could result in the withholding of grant funds, suspension or termination of the grant, ineligibility for future grants or subgrants, or other actions, as appropriate," Acting Assistant Attorney General Alan Hanson said in letters to the cities.
At stake is roughly $29 million in law enforcement aid under the Edward Byrne Memorial Justice Assistance Grant Program, which helps local governments pay for everything from forensics labs to drug courts.
New York received $4.3 million from the grant in 2016, according to the Department of Justice.
The letters warn officials they must provide proof from an attorney that they are following the law or risk losing federal money that police use for anything from body cameras to bulletproof vests.
Sessions did find a few supporters in the city. "Despite what some politicians may think, law enforcement does not get to choose the laws we uphold," Sergeants Benevolent Association Ed Mullins said in a statement. "Attorney General Sessions is absolutely correct to hold New York and other jurisdictions accountable for their so-called 'sanctuary policies.' "
With Jillian Jorgensen
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With many industrial and commercial premises that have car parks or facilities that require drainage, it’s important that they check their drainage systems to ensure that there are no misconnections. In the event of a drainage misconnection, the wastewater from the premise will end up being transported into the surface drainage system rather than the sewer which is where it should go to. As a result of this misconnection, it can cause significant water quality problems due to pollution.
The introduction of the Environmental Protection Act 1990 means that it is illegal for drainage systems to be misconnected and it’s the legal obligation of the property owner or landlord to ensure that these systems are property installed or rectified.
How Do Misconnections Occur?
Drainage misconnections can sometimes occur, but they are accidental due to neglect, carelessness, or bad workmanship when the installations are carried out. It’s usually due to the drainage installer failing to recognise and identify the different drains, such as the surface water drains and the foul drains.
The surface water drains are for uncontaminated water from rain or snow which will end up being transported to main watercourses. The foul drains are for wastewater from facilities, sinks, and appliances.
What Are The Consequences of Misconnected Drains?
The Environmental Protection Act 1990 law states that misconnected drains are illegal and property owners or landlords have a legal responsibility to ensure that these systems are properly connected. Failure to ensure or rectify misconnected drains after being served a notice, can lead to a fine of £50,000 and possible imprisonment of up to 12 months. For more serious offences, it could lead to unlimited fines and even longer imprisonment time.
When these drainage systems are not connected properly, the wastewater from appliances, car parks, industrial facilities, and washrooms can end up going to the drains and channels that are responsible for carrying clean surface water. Ultimately, this has a significant detrimental effect on the environment, our health, and also the wildlife.
For example, in business car parks where many vehicles enter and leave, there may be spillages and oils from these vehicles. Once there is rainfall, these oils will be transported through the drains and into the main watercourses. If the drainage systems have been properly installed, there should be oil separation tanks where contaminants are separated from water before they are discharged into the watercourses. If these drainage systems are not properly connected, it could also mean that the wastewater is going into the drains and channels that are intended for receiving clean rainwater.
How Do You Identify Misconnections?
Industrial and commercial developments may not be aware of misconnections or contaminated water, especially if a business has just moved into a new premise. If you have an industrial estate or a commercial premise and you’re concerned if your drains are properly connected, get in touch with RWB Group UK.
As a leading company, we have an investigation team that works closely with clients in order to determine whether their drainage systems are misconnected. We offer comprehensive CCTV surveys and pollution investigations which can accurately identify if your drainage systems are properly connected.
Using the latest technology, our CCTV surveys are non-intrusive and causes minimal disruption to your workflow. Wherever drainage pipes are difficult to access, our surveys prevent the need for expensive investigations and disruption caused by digging.
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A Comprehensive Guide to Acquiring UK Citizenship After MS Studies in UK
Are you an international student pursuing a Master's degree in the UK? Have you considered acquiring UK citizenship after completing your studies? This comprehensive guide outlines the eligibility criteria, pathways, and step-by-step process to help you successfully navigate the journey towards UK citizenship.
Studying abroad is a transformative experience that opens doors to endless opportunities. For international students pursuing their Master's degree in the UK, the journey goes beyond academic excellence. Many aspire to acquire UK citizenship, which not only grants them the rights and privileges of a British citizen but also offers a sense of belonging to this vibrant and culturally diverse country. In this comprehensive guide, we will walk you through the step-by-step process of obtaining UK citizenship after completing your MS studies in the UK. As a trusted study abroad consultancy, we understand the complexities involved and are here to support you in navigating this path successfully.
Understanding UK Citizenship
UK citizenship holds numerous benefits, including the right to live, work, and study in the UK without any restrictions. It provides access to the comprehensive healthcare system, social welfare benefits, and protection under UK law. As a UK citizen, you can also participate in the democratic process by voting in general elections and contributing to the decision-making of the country. It is essential to understand the distinction between UK citizenship and permanent residency. While permanent residency allows individuals to live and work in the UK indefinitely, acquiring UK citizenship offers additional advantages and a sense of belonging.
Eligibility Criteria for UK Citizenship
To be eligible for UK citizenship after completing your MS studies, certain criteria must be met. Here are the key requirements:
1. Completion of MS Studies in the UK
To begin your journey towards UK citizenship, you must have successfully completed your Master's degree program in the UK. The specific academic requirements may vary depending on the university and program you have pursued. It is crucial to ensure that your degree is recognized and accredited by UK educational institutions.
2. Minimum Residence Period
You must fulfill the minimum residence period requirement to be eligible for UK citizenship. Generally, this period is five years of continuous lawful residence in the UK. During this time, you should have maintained the appropriate visa status and abided by UK immigration laws. It is important to keep track of your stay in the UK and ensure you meet this requirement before proceeding with your citizenship application.
3. English Language Proficiency
Proficiency in the English language is a fundamental requirement for UK citizenship. You will need to demonstrate your language skills by providing evidence of passing an approved English language test. The test results should meet the specified requirements set by the UK government or relevant immigration authorities.
4. Good Character Requirement
As part of the citizenship application process, you will be assessed based on your character. This evaluation considers factors such as criminal records, involvement in illegal activities, and adherence to UK laws and regulations. It is important to maintain a clean record and demonstrate good character throughout your stay in the UK.
5. Financial Stability
Financial stability is another essential criterion for UK citizenship. You must showcase that you are financially capable of supporting yourself and any dependents without relying on public funds. This requirement aims to ensure that you can contribute positively to the UK society and economy.
Expanding upon each section of the outline, we provide detailed information to help international students understand the process of acquiring UK citizenship after completing their MS studies in the UK.
Pathways to UK Citizenship
There are several pathways available for international students to obtain UK citizenship after completing their MS studies. Here are the main routes to consider:
1. Tier 2 (General) Visa Route
The Tier 2 (General) visa route is designed for individuals who have secured a job offer from a UK employer. This route requires sponsorship by the employer, who must hold a valid Tier 2 sponsor license. The process involves obtaining a work permit and initially residing in the UK under this visa category. After a specific period, typically five years, you can apply for Indefinite Leave to Remain (ILR), which is a stepping stone towards UK citizenship. Once you have acquired ILR, you can then proceed with the naturalization process to become a UK citizen.
2. Tier 1 (Graduate Entrepreneur) Visa Route
The Tier 1 (Graduate Entrepreneur) visa route is specifically designed for recent graduates who wish to start their own business in the UK. This route allows you to set up a business and develop it while residing in the UK. By meeting the criteria and requirements of this visa route, you can progress to ILR and subsequently apply for UK citizenship. It is important to note that the Tier 1 (Graduate Entrepreneur) visa has been replaced by the Start-up and Innovator visa categories, which offer similar opportunities for entrepreneurs.
3. Other Routes to Consider
While Tier 2 and Tier 1 (Graduate Entrepreneur) are the primary pathways, there are additional routes to explore based on individual circumstances:
Tier 4 (General) Student Visa Route: If you are currently pursuing your MS studies in the UK under a Tier 4 student visa, you may be eligible to switch to a work visa, such as the Tier 2 (General) visa, upon completion of your studies. This can provide a pathway towards UK citizenship.
Tier 1 (Investor) Visa Route: For individuals with significant financial resources, the Tier 1 (Investor) visa route offers an opportunity to invest a substantial amount in the UK economy. This route can lead to ILR and ultimately UK citizenship.
Ancestry Visa Route: If you have ancestral ties to the UK, such as a grandparent who was born in the UK, you may be eligible for an Ancestry visa. This visa allows you to live and work in the UK, and after meeting the necessary requirements, you can apply for UK citizenship.
Exploring these pathways and understanding their requirements can help you determine the most suitable route to pursue UK citizenship after completing your MS studies in the UK.
Step-by-Step Guide to Acquiring UK Citizenship
Acquiring UK citizenship after completing your MS studies involves a step-by-step process. Here is a guide to help you navigate through each stage:
1. Preparing for the Application
Before submitting your citizenship application, thorough preparation is crucial. Follow these steps:
Gather Required Documents: Collect all necessary documents, such as your passport, residence permits, educational certificates, proof of English language proficiency, and evidence of meeting the residence requirements.
Meet the Residence Criteria: Ensure that you have met the minimum residence period requirement of five years of continuous lawful residence in the UK.
Language Proficiency Tests: Take an approved English language test, such as the IELTS, to demonstrate your language skills. Ensure your test results meet the required standards set by the UK government.
2. Submitting the Application
Once you have gathered all the required documents and fulfilled the necessary criteria, it's time to submit your citizenship application. Follow these steps:
Completing the Application Form: Fill out the application form accurately and provide all the requested information. Double-check for any errors or omissions before submission.
Paying the Application Fee: Pay the required application fee, which covers the processing and administrative costs associated with your application.
Attending Biometric Appointment: After submitting your application, you will receive instructions to schedule a biometric appointment. Attend the appointment to provide your fingerprints and have your photograph taken, as these are crucial for identity verification purposes.
3. Processing and Decision
After submitting your application and attending the biometric appointment, your application will undergo processing. Here is an overview of this stage:
Waiting Period: The processing time for UK citizenship applications can vary. It is important to be patient during this period, as the authorities carefully review and evaluate each application.
Application Review: Your application will be reviewed in detail, and the authorities may request additional documents or conduct interviews if necessary. Ensure you promptly provide any requested information to avoid delays.
Decision Notification: Once a decision has been made on your application, you will be notified of the outcome. If approved, you will receive your Certificate of Naturalization, confirming your UK citizenship.
It is crucial to follow the instructions provided by the authorities, submit all required documents accurately, and respond promptly to any requests or queries to ensure a smooth processing of your application.
Important Tips and Insights
As you navigate the path to acquiring UK citizenship after completing your MS studies, here are some important tips and insights to keep in mind:
1. Engaging with Study Abroad Consultancy
Working with a reputable study abroad consultancy, such as ours, can provide valuable guidance and support throughout the process. Our experienced consultants can help you understand the requirements, assist with document preparation, and provide personalized advice based on your unique circumstances.
2. Seeking Legal Advice and Assistance
If you have complex circumstances or face challenges during the application process, it is advisable to seek legal advice from immigration lawyers who specialize in UK citizenship matters. They can provide expert guidance tailored to your situation and help ensure your application is accurate and complete.
3. Overcoming Challenges and Obstacles
Acquiring UK citizenship is a significant undertaking that may come with challenges along the way. It is important to remain resilient and determined throughout the process. Stay informed, seek support when needed, and remain positive as you work towards your goal of becoming a UK citizen.
In conclusion, acquiring UK citizenship after completing your MS studies in the UK is an exciting and rewarding endeavor. By understanding the eligibility criteria, exploring the available pathways, and following the step-by-step guide, you can navigate this process with confidence. Remember to seek guidance from trusted study abroad consultancies and legal professionals to ensure a smooth and successful journey. Embrace the opportunities that UK citizenship offers, and with dedication and perseverance, you can achieve your dream of becoming a UK citizen.
Q: Can I apply for UK citizenship immediately after completing my Master's degree in the UK?
A: No, you cannot apply for UK citizenship immediately after completing your Master's degree. You must meet certain residence requirements, including a minimum residence period of five years, before you can apply for UK citizenship.
Q: Do I need to have a job offer to be eligible for UK citizenship?
A: It depends on the route you choose. If you opt for the Tier 2 (General) visa route, you will need a job offer from a UK employer who holds a valid Tier 2 sponsor license. However, there are other routes available, such as the Tier 1 (Graduate Entrepreneur) visa, which focuses on entrepreneurship and does not require a job offer.
Q: What is the difference between permanent residency and UK citizenship?
A: Permanent residency, also known as Indefinite Leave to Remain (ILR), allows individuals to live and work in the UK indefinitely. However, it does not grant them the full rights and privileges of a UK citizen. UK citizenship, on the other hand, provides additional benefits, such as the right to vote, access to social welfare benefits, and protection under UK law.
Q: How long does the UK citizenship application process take?
A: The processing time for UK citizenship applications can vary. It is important to note that the authorities carefully review each application, and the process can take several months. It is advisable to be patient and allow sufficient time for the application to be processed.
Q: Is it necessary to take an English language test for UK citizenship?
A: Yes, proficiency in the English language is a fundamental requirement for UK citizenship. You will need to provide evidence of passing an approved English language test, such as the IELTS, to demonstrate your language skills. The specific requirements and accepted tests can be found on the UK government's official website.
Q: Can I apply for UK citizenship if I have a criminal record?
A: The presence of a criminal record may affect your eligibility for UK citizenship. As part of the application process, the authorities assess your character and conduct. It is important to maintain a clean record and abide by UK laws and regulations. If you have a criminal record, it is advisable to seek legal advice to understand how it may impact your application.
Q: Can I seek assistance from a study abroad consultancy for the UK citizenship application process?
A: Yes, seeking assistance from a study abroad consultancy, like ours, can be highly beneficial. Our experienced consultants can provide guidance, help you understand the requirements, assist with document preparation, and offer personalized advice throughout the UK citizenship application process.
Q: What happens if my UK citizenship application is rejected?
A: If your UK citizenship application is rejected, you will receive a detailed explanation for the decision. It is important to review the reasons provided and consider seeking legal advice to understand your options. You may be able to appeal the decision or reapply after addressing the concerns raised in the rejection letter.
Q: Can I retain dual citizenship if I acquire UK citizenship?
A: Yes, in most cases, the UK allows dual citizenship, which means you can retain your current citizenship while acquiring UK citizenship. However, it is essential to check the laws and regulations of your home country, as some countries may have restrictions on dual citizenship.
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Welcome to a captivating exploration of the remarkable life led by Andrew Weissmann wife. In this exclusive journey, we delve into the intricacies of her personal and professional world, shedding light on the woman behind the renowned figure.
Prepare to be enthralled by the unique narrative that unfolds as we uncover the extraordinary story of Andrew Weissmann wife.
Table of Contents
Who Is Andrew Weissmann?
Andrew Weissmann, an accomplished American attorney, specializes in the crime and justice law department within the United States. Renowned for his remarkable success in winning cases for the innocent and ensuring the lawful incarceration of criminals, Weissmann has established himself as a prominent figure in the legal arena.
In addition to his illustrious career, Andrew Weissmann shares a successful marriage with Deborah M. Weissman, also known as Debra Weissman. The couple has celebrated many years of marital bliss and is proud parents to a son named Ben Weissmann.
Now, let’s delve into the intriguing details of Andrew Weissmann’s wife, exploring facets such as her net worth, biography, career, age, and their shared journey as parents. Read on to uncover the captivating story of this dynamic couple.
|March 17, 1958
|Gerald and Ann Weissmann
|Woods Hole and New York, USA
|Demonstrates gratitude to parents
|65 years old
|Shares a strong bond
Andrew Weissmann Wife:
Andrew Weissmann is happily married to Deborah M. Weissman, also known as Debra Weissman. Their relationship is marked by a strong and loving bond, with Debra serving as a steadfast pillar of support in Andrew’s life.
While specific details about the time and place of their marriage remain undisclosed, it is apparent that the couple leads a successful life together. Notably, they share a common professional background, aligning with studies conducted on their respective fields.
|Deborah M. Weissman (Debra Weissman)
|Share a loving and supportive relationship
|Success in Life
|Leading a successful life together
|Both from the same professional field
Andrew Weissmann’s Net Worth:
As of 2023, Andrew Weissmann boasts a net worth exceeding $50 million USD, a testament to his illustrious career in the legal realm. His substantial wealth is a direct result of his dedicated and successful contributions within the court.
Deborah M. Weissman’s Biography:
Deborah M. Weissman has been an esteemed faculty member at Carolina Law University since 1998. Her noteworthy career includes serving as the director for clinical programs at the university from the inception of 2001 until July 2010.
With expertise spanning various legal domains, she is a seasoned professional in fields such as human rights, political economy, gender violence, law, migration/immigration, and critical legal theories. Deborah M. Weissman’s impressive career is marked by her commitment to education and her significant contributions to the legal academic landscape.
Deborah M. Weissman’s Career:
Deborah M. Weissman has been a dedicated faculty member at Carolina Law University since 1998, where she imparts her expertise across various legal domains.
Her academic journey includes earning a B.A. from Syracuse University and a J.D. from the same institution in 1975. With a rich background in law, Deborah has become a respected authority in her field.
|Teaching at Carolina Law University since 1998
|B.A. from Syracuse University (Year) | J.D. from Syracuse (1975)
|Expertise in Law
|Multiple fields within the legal domain
|Articles and essays in prestigious journals such as:
|– Boston College Law Review
|– Columbia Human Rights Journal
|– William & Mary Law Review
Deborah Weissman’s Family:
Deborah and Andrew Weissmann share a son named Ben Weissmann, highlighting their commitment to family life. The combined narrative of Andrew’s legal triumphs and Deborah’s educational contributions paints a picture of success, integrity, and a steadfast dedication to justice and family values.
A Love Beyond the Spotlight:
The tale of Andrew Weissmann and Debra unfolds in the secrecy of their own world, with the details of their meeting and the intertwining of their hearts kept as closely guarded secrets. While the specifics of their journey remain concealed, what is known is that Andrew Weissmann and Debra have shared their lives for numerous years.
A Silent Love, A Shared Journey:
In the midst of this clandestine love story, Andrew Weissmann played a pivotal role as one of Robert Mueller’s top lawyers during the special counsel’s investigation into the 2016 election. Their union brought forth a son, Ben Weissmann, whose identity remains veiled in anonymity.
Birthdates and ages are held in obscurity, yet within the confines of New York City, the Weissmanns find solace in the warmth of family, safeguarding their son’s future.
A Love Kept in the Shadows:
Andrew’s commitment to his family remains an unwritten chapter, shielded from the prying eyes of the public. Family matters are his sanctuary, protected from intrusive pens and flashing cameras.
While their love story lingers in the shadows, there is a collective yearning among fans for its eventual revelation on a grand stage. Nonetheless, glimpses into Andrew’s heart showcase his deep affection for the cherished moments spent with his beloved family.
Unraveling Debra’s Identity:
The professional endeavors that fill Debra Weissmann’s days are a narrative yet to unfold. While her pursuits may extend beyond the home, her heart is evidently inclined towards family endeavors. As a devoted wife and mother, her role shines, resonating with unwavering support for her husband’s illustrious career.
The Legal Maestro’s Journey:
Andrew Weissmann’s professional odyssey paints a vivid picture of legal prowess. His stage includes orchestrating justice in high-profile mafia cases, boasting a legacy of over 25 prosecutions, including battles against notorious mafia organizations.
Notably, he spearheaded the fight against Vincent Gigante, securing a resounding conviction. A chapter of service under George W. Bush’s administration further enriches his narrative, bridging eras with his unwavering dedication to the legal realm.
In conclusion, the life of Andrew Weissmann’s wife is a tapestry woven with threads of resilience, intellect, and compassion.
From her early years to her current standing, every chapter of her life contributes to a narrative of inspiration and influence. As we conclude this exploration, we invite you to reflect on the multifaceted persona of Mrs. Weissmann—a woman whose journey continues to inspire many.
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Tax deductions and exemptions:
Filers are eligible for a number of tax deductions and exemptions that non-filers are not. These deductions and exemptions can save filers a significant amount of money on their taxes.
Higher credit scores:
Filers typically have higher credit scores than non-filers. This is because filers demonstrate to lenders that they are responsible with their finances.
Some employers may prefer to hire filers over non-filers. This is because filers are seen as being more responsible and reliable.
Access to government services:
Filers may be eligible for certain government services that are not available to non-filers. For example, filers may be able to get a loan from the National Bank of Pakistan.
• Higher tax rates:
Non-filers are subject to higher tax rates than filers. This is because non-filers are not able to claim the same deductions and exemptions that filers are.
Reduced access to government services:
Non-filers may have reduced access to certain government services. For example, non-filers may not be able to get a loan from the National Bank of Pakistan.
Non-filers who are caught not filing their income tax returns may be subject to penalties. These penalties can be significant.
Cash Withdrawal/Banking Transaction
Intl Transact on Through Deb t/Credit Card
Purchase of Property
Sale of Property
Tax on Saving Account Profit
Tax on Monthly Domestic Electricity Bill
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During a Western Pennsylvania divorce, one of the main issues that lead to disagreement between spouses is children. During a divorce or even post-divorce, parents very often bicker about their PA child custody schedules. In today’s blog we discuss the considerations that go into a Pittsburgh family court deciding a child custody case.
What kinds of custody may a Pittsburgh family court order?
In Pennsylvania, there are two types of custody that will be decided in a child custody agreement: physical custody and legal custody. Physical custody involves the right to have your child physically present with you. If you are granted primary physical custody of your children, you will be responsible for their day-to-day care. Legal custody describes which parent will make major decisions regarding the care of the child and the child’s health and welfare. These decisions include what school the child should attend or how the child should receive non-emergency medical care.
What are the kinds of arrangements that can be made regarding physical custody?
Physical custody can be granted solely to one parent or shared jointly between both parents. Joint physical custody is when the child resides at both parents’ homes and both parents are deemed to be custodial parents. In other words, the child will reside with each parent for a significant period of time.
To determine which parent is granted physical custody, the court uses the legal standard of what is in “the best interest of the child.” If the parents can’t agree on a PA timesharing schedule, mediation is required before an Allegheny County family law judge will rule on what custody should be set in the best interest of your child.
How does legal custody work?
Legal custody can be jointly held or solely assigned. Joint legal custody, where both parents share responsibility in making decisions for their child, is common in Pennsylvania. However, if the court finds that it is not in the best interest of the child to have the parents share legal custody, the court has the discretion to grant sole legal custody to one parent who can then make decisions regarding the minor child’s welfare without input from the other parent.
It is important to note that if a parent is awarded sole legal custody, this does not mean that the non-legal custodial parent will not be given visitation with the child, it just means that only one parent will be making decisions for the child.
If you are facing a child custody dispute, whether as part of a PA divorce or outside of a divorce proceeding, contact the Pennsylvania child custody attorneys at Lisa Marie Vari & Associates. Our team of experienced PA family lawyers is here to provide you with the legal representation you need in your child custody case.
Tags: Child Custody in Allegheny County, PA Child Custody, Pittsburgh Child Custody Lawyers, Western PA Child Custody
Related Posts: How Do I Obtain Primary Custody of My Child in Pennsylvania? , What Pennsylvania custody law says about your child’s summer vacation , Parenting Plans in Pennsylvania, If I file for custody in Allegheny County, will my children get to decide where they live?
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48-YO Bengaluru Woman Arrested For Killing Her Husband With The Help Of Five Hitmen
INDIATIMES | APRIL 13, 2017
Bengaluru Police have arrested five people in connection with the murder of G Kumar, a financier, who was hacked to death last Thursday. Police said one of the arrested is Doreen Kumar, the wife of the financier, who is said to be the mastermind behind the crime.
The other four men planned and executed the murder, while one of the accused is still on the run. According to Police, 48-year-old Doreen had agreed to pay Rs 30 lakh to get her husband killed.
She reportedly was fed up with Kumar, who used to regularly assault her and her daughter.
Kumar, who was a moneylender allegedly waived off loans of women defaulters in exchange of sexual favours, a move which infuriated Doreen. She had plotted the murder almost three months ago with the help of Sridhar, who had borrowed Rs 5 lakhs from Kumar, with a promise to write off his loan.
“Kumar had given a loan of Rs 5 lakh to one Sridhar. When Doreen became friends with Sridhar, she discussed her husband’s relationships with him. She also sought his help to get Kumar killed. She agreed to waive off his loan and also decided to give a supari of Rs 30 lakh. She had also given Rs 2 lakh in advance,” a police officer said.
Sridhar who had a criminal past arranged the hitmen, whom Doreen paid Rs 2 lakhs in advance.
According to police, on the day of the murder, two women associates of the accused called Kumar on the pretext of a loan.
While Kumar was on his way, the accused attacked him and hacked him to death. Doreen who had earlier registered a police complaint about the death of her husband confessed to her role in the murder during detailed questioning.
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Kanye West may have inspired the new religion Yeezianity, but he's far from the first musician to inspire a cult
Rap pair claim labelling their 'Juggalo' fans as a criminal gang has led to wrongful harrassment and punishment
The Juggalos, Insane Clown Posse fans known primarily for their love of facepaint and fizzy pop, have been classified by the FBI as a criminal gang. When will people stop demonising kids who love music?
The Bureau's National Gang Threat Assessment report says some Insane Clown Posse fans are engaging in gang-like criminal activity, writes Sean Michaels
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CATHOLIC PRIEST NEED TO PREACH LAWFULNESS Pelosi; catholic priest need to preach amnesty. Catholic priest need to preach lawfulness of obeying laws of superior authorities of entering this country legally. They need to tell illegal aliens to go home and enter this country legally or stay in their country and fight to improve conditions their for all their people. Like Jesus would tell them. And not give sanctuary to criminals. But what can you expect fro a bunch of child molesters? They are untouchable criminals themselves.
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The suspect contacted his victims on the telephone, claiming to be a police officer.
Rabat – Judiciary police in Rabat, in collaboration with El Jadida authorities, have arrested a repeat offender for his alleged involvement in a case of fraud and impersonation of a police officer.
Morocco’s General Directorate for Territorial Surveillance (DGST) provided the police with precise information that led to the arrest on Thursday, January 23, says a press release from the General Directorate of National Security (DGSN).
The suspect, aged 41, was the subject of several national arrest warrants. He allegedly impersonated police officers and telephoned his victims, falsely claiming that he could release their detained family members in return for a sum of money.
After DGST’s alert, authorities identified the suspect in the city of El Jadida, about 100 kilometers south of Casablanca, and made the arrest.
Search operations following the arrest led to the seizure of two mobile phones and a batch of SIM cards used to communicate with the victims.
Authorities put the suspect in custody, pending investigation.
According to Morocco’s penal code, the suspect could face up to ten years in prison.
In October 2019, a report from DGSN revealed that the directorate recorded 2,285 cases of scam or fraud in 2018, which led to the arrest of 3,136 suspects.
Around 47% of the recorded cases concerned fake migration opportunities, while 18% were fake job offers. Additionally, online scams represented 9% of the cases.
The directorate also reported that the number of scam and fraud cases increased by 25% between 2015 and 2018.
The report stated that there are numerous types of fraud in Morocco. Fake advertisements, invalid cheques, and lotteries are among the most common scams.
People who commit these crimes usually contact their victims either directly, by phone, email, or on websites designed specifically to retrieve sensitive information from the victims.
Despite the rising number of scam cases, DGSN assured that they have teams trained to investigate and deal with such cases, along with technological tools that help to arrest the suspects.
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A proposed law that would make Spain one of the most restrictive European countries on abortion is without a doubt the most controversial legislation put forward by the government of Prime Minister Mariano Rajoy since his Partido Popular (PP) came to power with an absolute majority in 2011.
Christened “The Organic Law for the Protection of the Life of the Unborn and the Rights of the Pregnant Woman” by its promoter, Justice Minister Alberto Ruiz Gallardón, the legislation has not only found opposition across the Spanish political landscape, it has also faced a criticism within the ranks of the ruling PP.
It now looks as though the bill may have finally stalled—at least, according several national newspapers.
In an article titled “The Abortion Law Won't See the Light,” Lucía Méndez for El Mundo explains that the reason for this policy shift lies in several upcoming elections:
la ley del aborto ha sido muy perjudicial para los intereses electorales del PP, ya que una sólida mayoría de sus votantes se han sentido sumamente incómodos con el tema. Ni querían ni esperaban que el Gobierno legislara de forma tan restrictiva sobre una cuestión que afecta de lleno a las mujeres, por lo que la conclusión de los expertos es clara: hay que reconducir la situación y pasar la página para no abrir otra vez una controversia que haga daño al PP en un año clave con dos convocatorias electorales: las municipales y las generales.
The abortion bill has been very damaging to the electoral interests of the PP, since a solid majority of its voters have felt extremely uncomfortable with the subject. They neither wanted nor expected the government to legislate so narrowly on an issue that affects women in every respect. So the verdict of the experts is clear: the situation must be corrected and the page turned in order to avoid another controversy that could damage the PP in a pivotal year when both a municipal and a general election are pending.
El diario asserts that the massive loss of votes in the most recent elections may have been what provoked a strong reaction against the bill within the Popular Party:
Según fuentes de la cúpula del PP citadas por el medio, “no existe consenso en torno a este proyecto, y si no se logra un acuerdo, cosa que parece muy difícil, la ley no se aprueba y en paz”. Otros interlocutores son incluso más contundentes: “Esa ley nunca llegará al Parlamento”.
According to sources in the upper echelons of PP quoted in the media, “There is no consensus on this project, and if an agreement, which seems very difficult, is not achieved, the law won't pass and that will be that.” When asked, others are even more blunt: ” The law will never reach Parliament.”
The first law on abortion in Spain dates back to 1985 and was approved during the mandate of the first socialist government following the end of Francisco Franco's nearly 40-year dictatorship. This law decriminalized abortion in three circumstances: rape, fetal malformation, and danger to the life of the mother. In 2010, new legislation, which is currently in force, extended the reproductive rights of Spanish women, allowing them to freely abort in the first 14 weeks of pregnancy, until week 22 in cases of danger to the mother, and at any time in cases of severe fetal malformation.
With Gallardón's proposed reform, the 2010 law—which is similar to those in most European countries—would have been seen its scope reduced dramatically to well before the 1985 provisions. For example, the PP bill would remove the exemption for malformation and the right of minors to have abortions without the consent of their guardians, and it would go so far as to require a woman to prove her mental or physical state was at risk by means of reports by two physicians in different medical health centers, turning an already stressful time into an obstacle course. And if that were not enough, the bill would impose a seven-day period of mandatory reflection.
Many people accuse Gallardón of legislating in a sectarian and partisan way, taking into account only the will of the most reactionary sector of society, led by the Catholic Church in the person of former Archbishop of Madrid and President of the Episcopal Conference Antonio María Rouco Varela—and doing so against the wishes of the vast majority of Spanish people, who see no need to amend the current law.
In defence of his project, Gallardón went so far as to declare in Parliament that motherhood “is what makes a woman a real woman,” which led socialist MP Patricia Hernandez to quip, “Being a mother doesn't make a woman more of a woman just as being a minister doesn't make a man smarter.”
After news of the alleged suspension of the bill, many netizens attributed the PP's U-turn to the proximity of the municipal elections, many even taking for granted that the bill would be taken up again if the PP wins the impending municipal vote. According to commenter Otrociudadano in El diario:
Lo hacen por el descalabro electoral que se avecina, no por ideas y conciencia social. Otra mayoría absoluta y lo encajan al día siguiente.
They're doing it because of the looming disaster in the polls, not because of ideas or social conscience. Another absolute majority and they'll dump it back on us the next day.
Sciuro in newspaper Público y mason33 in El Mundo also think it is just an election maneuvre:
Ya se sabe, la postura oficial del PP respecto del aborto es “radicalmente en contra en los dos años siguientes a unas elecciones y respeto democrático el resto del tiempo”.
We all know the official position of the PP regarding abortion is “radically against it in the two years following an election and respect for democracy the rest of the time.”
Mas claro, el agua! La ley del aborto les ha perjudicado electoralmente y la retiran por ahora. Hasta despues de las elecciones. Habra algun ingenuo que pique? Lo que importa es el poder. No tienen ni espina dorsal!
Twitter users also take for granted that the reprieve is motivated by the elections:
Crystal clear! The abortion bill has damaged them politically and they are shelving it for now. Until after the elections. Is anyone gonna fall for this? What counts is power. They have no backbone!
El PP renuncia a la reforma electoral en Ayuntamientos y a la reforma de la ley del aborto, todo en unos días. No hay miedo no, hay pavor
— Borja Ventura (@borjaventura) September 12, 2014
The PP is dropping the municipal electoral reform and the abortion law reform, all in a matter of days. They aren't afraid, they're terrified.
EL ABORTO LIBRE ES UN GENOCIDIO NAZI, pero oye, si nos quita muchos votos lo dejamos como está. #Principios
— Els quatre gats (@Els_quatre_gats) September 13, 2014
THE RIGHT TO ABORTION IS NAZI GENOCIDE, but listen, if it means we lose votes, we'll leave it as is.
El frenazo a la ley del aborto es electoralista, no ideológico. Así que ya sabemos qué pasará si vuelven a ganar.
— Miky Injun (@miky_co) September 13, 2014
Putting the brakes on the abortion law is electoral pandering, not ideology. So we know what will happen if they win again.
Perhaps the proximity of the election is not the only reason, as Javier Lezaola points out on Twitter:
Pues parece q se va confirmando q la supuesta ley del aborto era poco más q una maniobra de distracción para colar las políticas del FMI
— Javier Lezaola (@JavierLezaola) September 13, 2014
So it looks like it's true that the abortion bill was just a distraction tactic to sneak in IMF policies.
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Many people are working reduced hours, if at all. As part of the governor's orders to "stay-at-home" he banned evictions. On March 31, Mayor Jim Langfelder said city police won't help remove people who fail to pay. But that doesn't mean some landlords won't stop trying to vacate those who can't cough up cash. That's the concern of David Amerson, a labor attorney in Springfield. "From what we've heard, landlords have not only given eviction notices to tenants, they are also trying to file in court," he said. Amerson reckons some landlords are seeing dollar signs in those $1,200 checks coming from the feds. If landlords can get tenants behind on payments to leave, perhaps they can lure in replacements while those checks roll in. Amerson co-created a Facebook page to help renters better understand their rights: Central Illinois Worker and Tenant Resource Association. He wants them to know they "should not be vacating their homes or becoming homeless based on just the word of their landlord." Mixed messaging is to be expected. While the governor's order bans evictions, it also says renters should pay up.
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He accuses the union of hypocrisy for asking for photo I.D. to vote in union elections after taking a stand against Republican attempts to suppress minorities, the poor and students in several states.
The attempts at suppressing voters are real -- using everything from different hours at the polls to I.D. laws where there is no evidence of fraud.
As a UAW member, I can assure Mr. Braun that every UAW-represented employee is supplied with photo I.D. by his place of employment making Braun's claims a non-issue. Don't you actually have to have a fish before you attempt to fish fry?
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Apple has been paying out millions of dollars to settle class action lawsuits. But there’s still much more that could be gained by filing one of these lawsuits. In some cases, the lawyers get paid for each class-action lawsuit. It is estimated that nine out of ten class-action lawsuits result in a settlement, so the money isn’t going to the people who need it. Here’s how to win an Apple class-action lawsuit.
Apple settles class-action lawsuit with $95 million payment
The news that Apple has settled a lawsuit involving defective products is nothing new. But this lawsuit came about due to Apple’s practice of replacing damaged products with refurbished ones instead of new ones. In response, the company has now agreed to pay $95 million to settle the lawsuit. While the lawsuit focuses on defective products, it could set a precedent for similar lawsuits outside the U.S.
In its settlement, Apple agreed to pay out $95 million to resolve a class-action lawsuit over its practices regarding replacement devices and the warranty. The lawsuit, which dates back to 2016, accuses Apple of knowingly replacing products with refurbished models that weren’t up to par with the original units. The lawsuit also accuses Apple of violating California’s Unfair Competition Law by selling refurbished units under the false pretense that the devices are new.
Remanufactured replacement iPhones more likely to fail than new ones
If you’re considering purchasing a new iPhone, you may want to consider buying a refurbished one. According to Lanigan Decl., remanufactured replacement iPhones are as good as new ones, and they contain both new and recovered parts. However, it’s important to understand the difference between the two. While English’s replacement iPhone was a refurbished one, Apple insists that it was brand-new, and she would have considered other options.
When you’re in need of an iPhone repair, there are several reasons to consider purchasing a new one. A refurbished one is generally much cheaper than a new one. Remanufactured iPhones have gone through a rigorous screening and testing process. This makes them almost identical to new devices in terms of performance and reliability. While it’s important to keep in mind that remanufactured replacement iPhones are more expensive than new ones, you may be able to repair a device for a few dollars.
False advertising in Apple’s advertising about iPod’s battery life
The recent class action lawsuit against Apple Computer alleges false advertising and deceptive practices with regards to the battery life of the iPod. The plaintiffs allege the company breached its warranty and violated California law for making misleading claims about the battery life of the iPod. They seek unspecified damages and are prepared to settle the lawsuits with Apple. This article will provide you with information about the lawsuits and the potential benefits of a settlement.
According to the lawsuits, Apple’s false claims about the battery life of the iPod led many consumers to purchase the device. The class action suits were filed in December 2003 and named Apple as a defendant. Apple responded to the lawsuits by saying it was looking into the claims. Regardless of the outcome of the suit, the settlement offered by Apple will help those who purchased an iPod to get the battery life they expected.
Class-action lawsuit participation rate is 9% in most cases
In the United States, Apple Inc. has been a frequent participant in litigation ever since it began operating. Litigation is part of the company’s normal business practice and Apple promotes itself as aggressive enforcer of its intellectual property rights. Apple has been the plaintiff or defendant in a variety of lawsuits throughout the United States, Europe, and Asia, and some of these actions have become significant case law in the information technology industry. Others have captured the public’s attention.
Average settlement amount is $310 million
The average settlement amount in an Apple class action lawsuit battery case is $310 million, with the maximum payout estimated at $500 million. The settlement covers iPhones running iOS 11.2 or later. The final amount could go up or down depending on the number of claims. Attorneys for consumers are seeking up to $93 million of the total payout, while Apple is denying any wrongdoing. The case is being heard in the United States District Court for the Northern District of California.
Despite the size of the payout, there are other ways to increase the amount of money the companies pay out. Apple has been sued in the past for antitrust violations and settled another class action lawsuit for $450 million in 2016. In December, a Reddit user reported that Apple was throttling older iPhones. A former Geekbench founder confirmed that this is what was happening.
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Not all personal injury cases are straightforward from a strategy perspective. In many cases, the defendant is not the solely responsible party. By bringing in additional responsible parties, you can ensure that there are adequate funds necessary to secure your total damages award.
For example, suppose that you are injured in a car accident where the defendant-driver is minimally insured for about $40,000. The claim is worth over $250,000. The defendant cannot satisfy your damages in full. There may be other liable parties that can be brought in that will help solve this problem, however.
Florida, like many other states, provides personal injury plaintiffs an opportunity to hold employers liable for the actions of their employees. This can be very useful from a strategic perspective, as it provides plaintiffs with a defendant likely to be adequately insured or funded such that damages can be fully recovered.
There are two primary legal theories through which an employer can be held liable for the harm caused by their employees: vicarious liability and negligent hiring/supervision.
Florida employers can be held liable for the harm caused by their employees so long as their employees were acting within the course and scope of their employment when the harm occurred.
How does this work? Let’s consider a few examples for further clarity.
Suppose that you are injured in a motor vehicle accident. The defendant-driver is a commercial truck driver who was on-duty at the time of the accident. You not only have a claim against the driver, but also against the employer. The truck driver’s operation of the vehicle at the time of the accident was within the scope of their employment – which primarily involved such driving duties.
Now, imagine instead that you are injured in a motor vehicle accident where the defendant-driver had left work for the day. Suppose that the driver was headed on their way to a local mall to purchase some gifts for a friend’s birthday – nothing at all to do with work duties. In these circumstances, it is highly unlikely that you would be able to hold the employer liable, as the defendant had finished with work for the day and was not doing anything related to work at the time of the accident.
Finally, imagine that you are injured in a motor vehicle accident where the defendant-driver is a secretary at a local company, but was asked to make a quick delivery by their boss during the workday. The delivery was not part of the defendant’s normal job duties.
Despite this, the employer is likely liable for the injuries caused by their employee. In Florida, an employer can be held liable for the harm caused by their employee if said employee was acting in furtherance of a business purpose or interest (i.e., by going along with a supervisor’s request).
Employers can be held directly liable if they fail to exercise reasonable care in hiring or supervising their own employees. In Florida, this failure constitutes a separate claim than that of vicarious liability.
How can an employer be negligent with regard to hiring or supervision?
Suppose that a retail store employer hires a man that they know has a past of violent, aggressive behavior. The new employee has a history of violence against retail customers.
Suppose that the employer does not adequately address the issue by supervising the new employee to ensure that the violent behavior does not occur again. Further, suppose that the employer does not attempt to minimize the risk by moving the employee to a position that is not client-facing.
If the employee ends up causing the expected harm to a customer, then the employer could be found liable for negligent hiring/supervision. The employer knew of the employee’s capacity for violence and failed to reasonably address the risks.
To put it in simpler terms: employers have a responsibility to reasonably address the risks posed by their employees.
If you or someone you love has been injured as the result of someone else’s wrongful acts or omissions, seek legal guidance from a skilled Fort Lauderdale accident attorney at the Law Offices of David I. Fuchs.
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Hey it's Kamala Harris.
She's a rising star in the democratic party.
Almost an Obama-like hype around her.
Possibly the next President of the United States!
Last week Senator Kamala Harris finally made it official.
I am running for President of the United States.
The California Democrat is trying to position herself as a reformer
who works tirelessly to correct the abuses of the criminal justice system.
But the senator has one big problem: her long record as a law and order prosecutor.
Harris' new memoir, The Truths We Hold,
makes no mention of her past as an old school drug warrior,
a defender of dirty prosecutors and a political opportunist
who has made life more dangerous for sex workers.
Harris doesn't apologize for her previous stances, even those she now disavows.
Instead she's decided to try and convince voters she's always been a progressive prosecutor.
How do you reconcile your contradictory past with what you claim to support today?
I've been consistent my whole career.
Here are some of the stories the Senator is hoping you'll forget in the run up to 2020.
Harris' political rise has been propelled
by a years long, high profile campaign against alleged sex traffickers.
What she's actually done is throw women in jail for having consensual sex
while trampling on the rule of law to advance her own political ambitions.
Ignoring the pleas of sex workers and human rights advocates for over a decade,
she's fought against campaigns to decriminalize consensual adult prostitution in California.
As Attorney General she created a statewide program
to get truckers to report suspected sex workers to police.
These policies didn't stop traffickers, but they did land plenty of sex workers behind bars.
One of the greatest offenders is backpage.com.
Harris fought to destroy backpage.com,
a classified site that sex workers used to find and screen their clients.
Even though she publicly admitted that the sites founders, Michael Lacy and James Larkin,
were protected from prosecution under federal free speech laws.
But tonight, a groundbreaking arrest.
But a month before election day in her Senate race, Harris went ahead and had them arrested anyway,
parading them before the cameras on pimping charges
which were then promptly dismissed by a judge.
When Harris got to Congress she kept up her crusade,
becoming a big proponent of the 2018 law known as SESTA/FOSTA.
One cannot cowardly sit behind a computer committing their crime, quite the contrary.
The result was that many sex workers had no choice but to return to the streets
where soliciting clients is considerably more dangerous.
It's cause you don't know who's gonna pick you up.
Meanwhile Harris declined to intervene in a real underage sex trafficking scandal
that involved dozens of police and other local authorities in the bay area.
America has a deep and dark history
of people using the power of the prosecutor as an instrument of injustice.
I knew this history well, of innocent men framed,
of prosecutors hiding information that would exonerate defendants.
Yes and as California's top cop, Harris contributed to that history repeatedly.
By going to bat on behalf of dirty prosecutors.
Her office appealed the dismissal of a case
in which a prosecutor had fabricated a confession to secure a conviction.
And fought an appeal in a case where a prosecutor had lied to the jury during trial.
In 2015 Harris tried to stop the removal
of the Orange County District Attorney's Office from a murder trial
after it repeatedly failed to turn over evidence to the defense.
Her office even tried to keep a man in jail who had been wrongfully incarcerated for 13 years
after a judge ruled that he had proven himself innocent
just because the man hadn't delivered that proof quite fast enough.
And as San Francisco DA Harris hid known misconduct by a crime lab technician
who admitted to deliberately tainting evidence.
Prosecutors working under you know about the concerns about that lab,
which is what the judge alleged.
-in my office did not know about it, at least said they did not know about it.
The debacle has since led tot he dismissal of hundreds of criminal cases.
Something else it's passed time we've done is dismantle the failed war on drugs
starting with legalizing marijuana.
Your opponent Ron Gold has said that he is for the legalization of marijuana recreationally
your thoughts on that?
Uhm, I, that he's entitled to his opinion.
Harris is a former drug warrior who is now fashioning herself as pro legalization.
That's a positive shift, but not a reason to rewrite the past
or ignore the patterns it reveals in her judgement.
For years after the cultural tide had turned in favor of criminal justice reforms
Harris continued to support lock-em-up policies
that disproportionately hurt minorities.
As California Attorney General Harris opposed marijuana legalization as late as 2014,
promoted civil asset forfeiture without a conviction as a way to fight drug rings,
and sought to more aggressively police prescription drug use.
In her new book, Harris reveals that her drug warrior mentality hasn't changed
it's just that her emphasis has shifted.
We also need to reinstate the DA's authority
to go after the major pharmaceutical manufacturers and distributors
and we need to invest resources and law enforcement efforts
to cut off the supply of fentanyl from China.
Let's believe in a more perfect union, without mass incarceration of African American men.
We put more people in prison than any country on earth for no good reason.
Yes we do, and once these people were in prison
Harris saw to it that they have a hell of a time getting out.
I absolutely feel that there should be severe and serious consequence for violent crime
which is why I prosecuted those cases and will always seek the highest sentence.
As a prosecutor in law enforcement I have a huge stick
so I decided I was going to start prosecuting parents for truancy.
Before her recent about-face,
Harris chose not to endorse proposed sentencing reforms on the California ballot in 2012 and 2014.
And she defended the constitutionality of cash bail until 2016.
Harris' office also fought an order to reduce California's prison population
after the Supreme Court determined that the conditions amounted to cruel and usual punishment.
Although she later claimed to be 'shocked' by what they had done,
Harris' attorneys argued that non violent offenders should stay behind bars
because the state needed the cheap labor they provide.
We are part of a longer story and we are responsible for how our chapter gets written.
As she blazes her path to the White House in 2020,
Kamala Harris is trying to rewrite her last chapter, but her record remains.
Our children and our grandchildren will ask at that inflection moment, where were you?
And what did you do in service of your family, your neighborhood,
your community and your country?
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1. What is a TIRZ? A TIRZ (also called a TIF) stands for a tax reinvestment zone created by a local government under Texas state law. A TIRZ is a geographically targeted tool for economic development in blighted and underdeveloped areas. The TIRZ taxes generated from the districts’ redevelopment are diverted from general revenue to subsidize the development. That tax diversion means local public services do not get the additional, new revenue they would normally get from new development.
2. How does a TIRZ work? Basically, a local government designates a small geographic area to be redeveloped (a “TIRZ district”) at a developer’s request. If and when that redevelopment happens, property values will go up, and property taxes will be higher. The City breaks this additional tax revenue into two streams. The first tax stream is tied to the old property value before redevelopment—the so-called “base value”—and will continue to go to general revenue. However, all or part of the increase in property taxes tied to the increase in property value (the tax increment) will be diverted to subsidize the TIRZ. These funds are not available for public services.
3. What is the South Central Waterfront (SCWF)? The SCWF District is 118 acres that It lies just south of Lady Bird Lake, from South First to several blocks east of South Congress. It has some of the most valuable real estate in Austin. The SCWF plan envisions the area as a “Second Downtown.” It would add a massive, additional 6.2 million square feet in luxury office, retail, and residential towers. The well-known Statesman property at 305 South Congress constitutes 18.3 acres of the district. This parcel is owned by the billionaire Cox Family Trusts, and its developer, Endeavor, is the largest in Central Texas. They are seeking from the city a Planned Unit Development (PUD), a special zoning district, in addition to the TIRZ tax subsidy.
4. Is there a difference between the SCWF TIRZ and the Statesman (305 S. Congress) PUD? Are they separate? Yes. The SCWF TIRZ and Statesman PUD involve different laws and require separate approval by Council. The PUD is a common planning tool; the TIRZ is a financing tool for blighted and underdeveloped property. They serve different goals, and their merits should be evaluated separately. The Statesman Planned Unit Development request is only for the Statesman’s 18.3 acres (which are just a part of the proposed 118-acre SCWF TIRZ). The City PUD ordinance [provides developers with additional up-zoning and less regulations; in exchange, the developer must provide certain required additional parkland, affordable housing, and other benefits to the public. The proposed bat-viewing park along Lake Bird Lake shore is part of the Statesman PUD requirements; it has nothing to do with the TIRZ.
5. What about the SCWF parks being provided in addition to the bat-viewing park along Lady Bird Lake? The bat-viewing park along the shore (in front of the Statesman’s vacated building) is by far the most valuable park and it is being provided by the Statesman’s PUD (not the SCWF TIRZ). The other three promised parks in the TIRZ are of much less value monetarily and as parkland. They are in the flood plain or serve as detention ponds, meaning the developers are giving the city very little of value. These three parks are a diversion: the TIRZ isn’t needed to buy these tracts for parkland if we want them.
6. What are the legal requirements for a TIRZ? Before a city or county may establish a TIRZ, it is required to follow certain processes, make certain findings, and create a TIRZ plan. These requirements are set out in Texas Tax Code, Chapter 311. Texas law, among other things, requires that before a city can establish a TIRZ that it must demonstrate that but-for the public investment (our tax dollars), the property (SCWF) would not redevelop in the foreseeable future. In particular, Texas Tax Code, Section 311.003(a) provides: “The governing body… may designate… a reinvestment zone to promote development or redevelopment of the area if the governing body determines that development or redevelopment would not occur solely through private investment in the reasonably foreseeable future.” This but-for test is often abused by cunning developers and gullible cities.
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An attorney provides legal services and advice to clients. They handle various legal matters and represent clients in court.
Attorneys play a crucial role in providing legal assistance and support to individuals and businesses. Whether it’s drafting legal documents, representing clients in court, or offering expert advice, attorneys ensure that their clients receive the best possible legal outcomes. From resolving disputes to negotiating contracts, attorneys possess the knowledge and expertise to navigate complex legal issues.
They often specialize in specific areas of law such as criminal, corporate, or family law. Depending on the nature of the case, attorneys may work independently or as a part of a law firm. Hiring an attorney ensures that individuals and businesses have a legal professional on their side, safeguarding their rights and interests in the legal system.
Understanding The Role Of Attorneys In Legal Matters
Attorneys play a crucial role in legal matters, offering their specialized expertise to individuals, businesses, and organizations. Their knowledge of the law helps them assist clients in navigating complex legal systems and ensuring their rights are protected. Attorneys provide guidance and representation in various legal areas such as criminal law, civil litigation, family law, and corporate law.
Legal expertise is of immense importance in today’s society as it ensures fairness, justice, and the maintenance of social order. Attorneys help clients understand their legal options, provide legal advice, and represent them in court if necessary. They have the skills to interpret and apply laws to specific situations, helping clients achieve their objectives within the boundaries of the legal framework.
Furthermore, attorneys shape the legal landscape by advocating for changes in laws, influencing policy decisions, and setting legal precedents through their cases. They contribute to the development of the legal system and play a pivotal role in maintaining the rule of law.
Key Responsibilities Of Attorneys
The main responsibilities of attorneys include providing legal advice and consultation to clients, representing them in court, and drafting legal documents. Attorneys play a crucial role in guiding individuals and businesses through the complex legal system and ensuring their rights are protected.
When it comes to legal advice and consultation, attorneys employ their extensive knowledge of the law to advise clients on various legal matters. They analyze the client’s situation, assess the legal implications, and provide guidance on the best course of action. This may involve interpreting laws, regulations, and precedents.
In addition to providing guidance, attorneys also represent their clients in court proceedings. They present arguments, examine witnesses, and submit evidence on behalf of their clients. They possess strong advocacy skills and are skilled in negotiation techniques to reach favorable settlements.
Another crucial responsibility of attorneys is drafting legal documents. They prepare contracts, wills, legal briefs, and other legal documents ensuring they are comprehensive, accurate, and legally binding.
Specializations In The Field Of Law
- Personal Injury Attorneys: These attorneys specialize in cases where individuals have been injured due to the negligence of others. They handle cases such as car accidents, slip and falls, and medical malpractice.
- Criminal Defense Attorneys: Criminal defense attorneys represent individuals who have been accused of committing a crime. They provide legal advice, investigate the case, and defend their clients in court.
- Family Law Attorneys: Family law attorneys handle cases related to divorce, child custody, alimony, adoption, and domestic violence. They help clients navigate through emotional and legal aspects of these issues.
- Corporate Attorneys: Corporate attorneys provide legal counsel to businesses and corporations. They assist with contract drafting and negotiation, mergers and acquisitions, intellectual property, and regulatory compliance.
- Immigration Attorneys: Immigration attorneys specialize in matters related to visas, green cards, citizenship, and deportation defense. They assist clients in navigating complex immigration laws and procedures.
Choosing the right attorney for specific legal needs is crucial. It is important to find an attorney who specializes in the specific area of law that corresponds to your case. Research and ask for recommendations to find a reputable attorney who has experience in handling similar cases. By choosing the right attorney, you can ensure that your legal needs are met efficiently and effectively.
Exploring The Power Of Legal Expertise
Discover the immense power of legal expertise with our team of skilled attorneys who are dedicated to providing exceptional legal guidance. Benefit from their extensive knowledge and experience to navigate complex legal situations with confidence.
The Impact Of Attorney Experience And Specialization
Having an experienced and specialized attorney can greatly impact the outcome of a legal matter. The depth of their understanding, combined with their knowledge of legal strategies, gives them the power to effectively represent clients and navigate the complexities of the legal system.
Attorney experience plays a crucial role in influencing outcomes. Years of practice and exposure to a variety of cases allows them to develop a deep understanding of legal principles and precedents. They can draw on this knowledge to craft persuasive arguments and anticipate potential challenges.
Another important factor is specialization. Attorneys who focus on specific practice areas become experts in their field. They stay updated with the latest developments, precedents, and strategies relevant to their specialty. This specialized knowledge enables them to provide tailored advice, navigate complex legal nuances, and devise the most effective legal strategies for their clients.
Hiring an experienced attorney with expertise in the relevant practice area significantly increases the chances of a favorable outcome. Their skills, knowledge, and familiarity with the legal system provide a solid foundation to build a strong case and navigate any obstacles that may arise.
The Benefits Of Hiring An Attorney
The benefits of hiring an attorney cannot be overstated. An attorney plays a vital role in protecting your rights and interests. They have the knowledge and experience to navigate the complex legal system, ensuring that your rights are fully upheld. By hiring an attorney, you increase your chances of success in legal proceedings. They will carefully analyze your case, develop a strong legal strategy, and advocate on your behalf. Whether you are facing criminal charges, dealing with a personal injury claim, or going through a divorce, an attorney will guide you through the process, providing you with expert advice and guidance. Additionally, an attorney can negotiate with opposing parties or insurance companies, helping you obtain the best possible outcome. Remember, an attorney is a valuable resource who can protect your interests and ensure your rights are upheld.
Legal Representation: A Strong Voice In The Courtroom
Legal representation in a courtroom can offer numerous advantages. Firstly, attorneys have a deep understanding of the law and legal processes, allowing them to navigate complex legal systems and proceedings with ease. Their expertise ensures that your case is presented effectively, maximizing your chances of a favorable outcome.
Having an attorney also provides you with a strong voice in the courtroom. They are skilled in the art of persuasive argumentation, presenting your case in a compelling and logical manner. Their ability to construct a strong legal argument can greatly influence the judge or jury, increasing the likelihood of a successful resolution.
Furthermore, attorneys are well-versed in gathering evidence, interviewing witnesses, and conducting thorough investigations. This comprehensive approach strengthens your case by uncovering critical information and countering opposing arguments.
Lastly, attorneys offer invaluable support during the entire legal process. They guide you through complex legal procedures, explain your rights, and provide emotional support during a challenging time. By representing your interests, they ensure that you are not overshadowed or taken advantage of by opposing parties.
Enhancing Negotiation And Settlement Processes
Attorneys play a crucial role in navigating and facilitating successful negotiations, employing their legal expertise to achieve favorable settlements.
|Advantages of having an attorney during negotiations:
|1. In-depth knowledge and understanding of legal frameworks and precedents
|2. Effective communication and persuasive abilities
|3. Expertise in assessing the strengths and weaknesses of the opposing party’s arguments
|4. Skillful negotiation techniques
Having an attorney by your side ensures that your interests are well-represented and protected during negotiations. They are equipped to analyze the complexities of the legal system and leverage their comprehensive knowledge to maximize favorable outcomes for their clients.
With their proven negotiation skills and apt understanding of legal intricacies, attorneys are indispensable in facilitating successful settlements.
Navigating Complex Legal Procedures
When dealing with complex legal procedures, it’s crucial to have the right guidance to ensure a smooth and successful outcome. At our law firm, we understand that navigating through legal matters can be overwhelming for our clients. That’s why our team of experienced attorneys is dedicated to simplifying the complex legal process and providing comprehensive support to our clients.
One area where we excel is in managing paperwork and deadlines effectively. We recognize the importance of timely filing and accurate documentation in legal proceedings. Our attorneys are proficient in handling the extensive paperwork involved in various legal cases, ensuring all necessary documents are prepared correctly and submitted on time.
We also prioritize keeping our clients informed and involved throughout the legal process. We believe in transparent communication and regularly update our clients on the progress of their case. By understanding our clients’ needs and goals, we tailor our legal strategies to suit their specific situation, reducing confusion and uncertainty.
Ultimately, our goal is to provide our clients with peace of mind and confidence in their legal journey. With our expertise and dedication, we strive to simplify complex legal procedures and empower our clients to make informed decisions. Contact us today to learn more about how our attorneys can assist you.
Leveraging Legal Research And Analysis
The role of legal research cannot be overstated in the field of law. Thorough legal research is of utmost importance as it lays the foundation for a strong case. By diving deep into legal resources, an attorney can access valuable information and precedents that can make or break a case. Identifying relevant statutes, case laws, and legal opinions is crucial to developing a comprehensive understanding of the legal landscape surrounding a particular issue. Furthermore, conducting meticulous research allows attorneys to gather evidence, support arguments, and anticipate potential counterarguments from the opposing party. It enables them to build a solid legal strategy and provide sound advice to their clients. Through strategic analysis of the findings, attorneys can assess the strengths and weaknesses of each argument, craft persuasive narratives, and ultimately increase the likelihood of success. Whether it’s in the courtroom or during negotiations, well-researched legal analysis is an indispensable tool at the disposal of attorneys.
Mitigating Risk And Ensuring Compliance
Attorneys play a vital role in helping businesses mitigate risk and ensure compliance with legal regulations. Through comprehensive risk assessments, attorneys thoroughly analyze potential vulnerabilities and identify areas that require attention. By examining various factors such as industry-specific risks, legal obligations, and operational practices, attorneys can provide valuable insights to minimize potential legal and financial risks. They assess the effectiveness of internal controls and compliance programs to identify any gaps or weaknesses that could expose the company to legal liabilities. Attorneys work closely with businesses to develop proactive strategies, implement legal compliance frameworks, and establish robust internal policies and procedures. Additionally, they offer guidance on regulatory requirements, monitor compliance changes, and provide training programs to enhance the organization’s understanding of legal obligations. Overall, attorneys bring their expertise to help manage legal risks and ensure a company’s compliance with applicable laws and regulations.
The Attorney-client Relationship
The attorney-client relationship is built on a foundation of trust and effective communication. Establishing a strong professional partnership between an attorney and a client is crucial for a successful legal representation. This relationship is based on mutual respect, honesty, and understanding. It begins with the attorney taking the time to listen to the client’s concerns, needs, and objectives. Effective communication is essential to ensure that the attorney fully understands the client’s situation and can provide the best legal advice and representation. Trust is built over time through open and transparent communication, respecting confidentiality, and delivering results. The attorney-client relationship is a collaborative effort where the attorney provides legal expertise and guidance, while the client actively participates by sharing relevant information and making informed decisions. By fostering trust and maintaining effective communication, the attorney-client relationship can thrive and lead to a successful legal outcome.
Confidentiality And Ethical Considerations
Confidentiality and ethical considerations are essential aspects of the attorney-client relationship. Upholding client confidentiality is a cornerstone of the legal profession, as it fosters trust and ensures that clients feel comfortable disclosing sensitive information. Attorneys are bound by strict ethical standards that require them to maintain the confidentiality of client communications and information. This commitment extends beyond the duration of the attorney-client relationship and continues even after it concludes. Attorneys must exercise diligence in protecting this confidentiality and take measures to safeguard client information from unauthorized access or disclosure. This duty of confidentiality applies regardless of the nature of the legal matter or the client’s instructions.
In addition to maintaining client confidentiality, attorneys must also adhere to ethical considerations in their legal practice. Ethical standards serve to guide attorneys in their interactions with clients, the court, and the public. They promote professionalism, integrity, and fairness in legal proceedings. Attorneys have a duty to provide competent and zealous representation while acting within the bounds of the law and ethical rules. This includes avoiding conflicts of interest, maintaining objectivity, and refraining from engaging in unethical practices such as misrepresentation or dishonesty. Upholding these ethical standards not only protects the interests of clients but also maintains the integrity of the legal profession as a whole.
Effective Collaboration And Case Strategy
Effective collaboration and case strategy are crucial elements in the successful practice of law. When attorneys work together towards a common goal, it allows for the pooling of knowledge, ideas, and experience, ultimately resulting in a more comprehensive and effective strategy for their clients.
By developing a strong working relationship, attorneys can ensure that they are on the same page and can effectively communicate and coordinate their efforts. This means sharing information, insights, and expertise to formulate a well-rounded plan that takes into account all relevant legal aspects of the case.
Furthermore, collaboration allows for the identification of potential issues and challenges that may arise during the course of the case. By working together, attorneys can anticipate and address these challenges, increasing the chances of success.
Ultimately, effective collaboration and case strategy require open communication, trust, and a shared commitment to the client’s best interests. By working together towards a common goal, attorneys can ensure that they are providing the highest level of legal representation and achieving the desired outcomes for their clients.
Frequently Asked Questions Of Attorney
Is An Attorney The Same Thing As A Lawyer?
An attorney and a lawyer are essentially the same. The terms are often used interchangeably to refer to a legal professional who is qualified to provide legal advice and represent clients in legal matters.
Is Attorney Another Word For Lawyer?
Yes, attorney is another word for lawyer. They both refer to a legal professional who provides legal advice and representation.
How Do I Get A Lawyer In Nyc?
To get a lawyer in NYC, follow these steps: research reputable law firms, ask for recommendations, check online lawyer directories, read reviews, and schedule consultations to discuss your case. Hiring a lawyer with experience in your specific legal matter is crucial.
What Is A Person Who Is A Lawyer?
A lawyer is a legal professional who provides advice, representation, and assistance to individuals and businesses in legal matters. They are skilled in interpreting and applying laws to help their clients navigate legal processes and protect their rights.
To sum it up, hiring an attorney is crucial for navigating legal complexities and ensuring your rights are protected. With their expertise and experience, attorneys provide invaluable guidance and support throughout the legal process. By understanding the importance of legal representation, you can make informed decisions and secure the best possible outcome for your case.
Don’t hesitate to consult with a trusted attorney to safeguard your interests and receive the justice you deserve.
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Located in the heart of the southeastern United States, South Carolina is known for its rich history, Southern charm, and stunning landscapes. Amidst the hospitality and beauty of the landscape, unforeseen incidents can disrupt the peaceful atmosphere, leaving victims to grapple with the aftermath of personal injury. A confidentiality agreement must be addressed when seeking compensation through a personal injury settlement. Although this legal instrument offers certain benefits, it raises questions and considerations that every victim should know.
If you or a loved one has been the victim of an injury and needs personalized guidance, Consult a personal injury law firm to guide you. This is essential because the local attorney will know the regional nuances of the law and be able to provide constructive feedback every step of the way. But before reaching out to an attorney, read this blog and learn more about confidentiality agreements. This information will greatly benefit your counsel and litigation process if you go through it.
What is a confidentiality agreement?
A personal injury settlement confidentiality agreement is a contractual arrangement between the parties involved in a legal dispute. It states that the terms of the settlement, including the amount awarded, will remain confidential. While confidentiality agreements are common, they can have far-reaching effects beyond a settlement.
Understand the nuances
Consider a scenario where a car accident victim in Colombia settles with the at-fault driver’s insurance company. The agreement includes a confidentiality clause. While this requirement ensures that the settlement amount will not be disclosed, it may also prevent the victim from discussing any details of the incident, the parties involved, or even the circumstances that led up to the incident. Victims must weigh the potential benefits of confidentiality against the restrictions it places on their ability to share their experiences.
Confidentiality agreements provide several advantages. They can protect victims from unwanted public attention, and protect their privacy during a sensitive and challenging time. Maintain privacy This is often a major concern in small communities like Charleston or Greenville. Furthermore, secrecy can prevent settlement details from affecting a victim’s personal or professional reputation.
Possible drawbacks and considerations
Although confidentiality has its advantages, it is important to recognize the potential drawbacks. Victims who sign confidentiality agreements may be prevented from sharing their stories, which can have therapeutic value and raise awareness about safety issues. In addition, victims may be prevented from discussing any wrongdoing on the part of the responsible party, which may deny them the ability to advocate accountability.
Navigating the legal landscape
Personal injury laws and regulations vary from state to state, and South Carolina is no exception. Understanding the implications of a confidentiality agreement in the context of a country’s legal framework is critical. a A knowledgeable personal injury attorney Familiarity with local laws can provide valuable insights, ensuring that victims make informed decisions about signing such agreements.
For victims considering a personal injury settlement through a confidentiality agreement, it is recommended to seek legal advice. A personal injury attorney with experience in the legal landscape can assess the specific circumstances of a case, explain the implications for confidentiality, and provide guidance on whether signing such an agreement is in the best interests of the victim. Lawyers also provide the psychological peace that victims deserve after they have gone through a horrific life experience.
Confidentiality agreements for personal injury settlements serve as critical tools for protecting sensitive information, preserving privacy, and protecting the reputations of parties involved in personal injury cases. Although these agreements are generally enforceable, they require careful consideration of their scope, potential waivers of rights, and alignment with public policy. Balancing confidentiality and upholding legal obligations is essential.
The parties should seek legal counsel to deal with the intricacies of these agreements, and ensure that their terms are fair, legally sound, and consistent with the laws of the jurisdiction. As the legal landscape evolves, understanding the potential ramifications of confidentiality agreements for personal injury settlements remains critical to safeguarding the interests of all parties while respecting broader principles of fairness and accountability.
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1. What are the goals of the program?
AMS has two major goals for the Federal Pesticide Recordkeeping Program - to provide the private certified pesticide applicator with educational tools to assist them in maintaining the necessary restricted use pesticide (RUP) records and to provide assistance during a recordkeeping inspection to ensure the applicator's compliance with the regulation.
2. Why are pesticide record inspections conducted?
AMS has agreements with Federal, State, tribal, and U.S. territory agencies to monitor certified private applicators' to maintain RUP records through record inspections.
3. How does the inspection process work?
First, the inspector will present credentials at the beginning of an on-site record inspection. Then, the inspector will provide you with information on the recordkeeping requirements, review your RUP application records, and provide compliance assistance. Lastly, the inspector will complete an inspection sheet on your records and provide you with a copy. A specified number of selected private applicators will be visited in your State to determine the level of compliance with the regulation.
4. How did the requirements originate?
The 1990 Farm Bill mandated the Secretary of Agriculture to require certified private applicators to maintain records regarding the use of federally restricted use pesticides. The Agricultural Marketing Service has been designated to administer the Federal Pesticide Recordkeeping Program.
5. How do keeping pesticide records benefit me?
Keeping pesticide application records is a good business practice and has numerous benefits! Here are just a few examples:
- Saves money: Accurate pesticide records will enable you to know and buy the correct amount of pesticides for each growing season.
- Tracks success: Good records will help you determine if a pesticide application achieved the best results or why a pesticide may have performed poorly. Good records prevent future failures.
- Documents correct use: Should a question arise concerning pesticide use, your records may provide liability protection.
- Improves management decisions: Since some pesticide have restrictions on what can be planted the following year in the same field, good records can help you plan your crop rotations.
6. How are applicators selected for pesticide record inspections?
Private applicators are randomly selected to be inspected. Random selections are made from a State's certified private applicator list or the RUP sales list of pesticide dealers. Your name or certification number will not appear on the inspection sheet and the results of your specific inspection will remain confidential.
7. Who can review records?
The designated State, Federal, or tribal agency personnel may have access to inspect your records. Certified/licensed health care professionals, or those acting under their direction, may have access to your record information when treating an individual who may have been exposed to restricted use pesticides. In the case of a medical emergency, record information must be made available immediately.
8. How is restricted use pesticide data collected?
RUP application record inspections are not related to the voluntary pesticide use surveys conducted by USDA's National Agricultural Statistics Service. NASS will obtain pesticide use data from agricultural producers through voluntary surveys. NASS reports the national data on restricted use pesticides to Congress annually.
9. Are there any penalties for violations?
Yes. Any private certified applicator who fails to comply with the regulations shall be subject to a civil penalty of not more than $750 in the case of the first offense, and shall be subject to a civil penalty of not less than $1,100 for each violation for subsequent offenses. However, a civil penalty may be less than $1,100 if the AMS Administrator determines that the certified applicator made a good-faith effort to comply.
For further information contact: The AMS Public Affairs Office at (202) 720-8998.
Questions/comment can be sent by E-mail to: AMSPublicAffairs@ams.usda.gov
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This blogger is grateful to the organisers of the 13th WIPO-WTO Colloquium for arranging a study trip to Nestlé to learn first-hand how multinationals use the intellectual property (IP) system to drive their businesses around the world. Enter Nestlé: a brand-driven global company with an unmatched product and brand portfolio. This Swiss multinational has 10,000 different products with over 1 billion products sold every day. Nestlé has a product for every moment of every day, from morning to night and from birth to old age. As a result, Nestlé has close to 100,000 trade mark and design protections worldwide. Nestle’s brands are clearly its most valuable asset with an estimated worth of 1 Billion Swiss Francs (CHF). Therefore the Legal Team at Nestlé says that it must preserve/strengthen its immensely valuable IP assets and it has developed intricate IP management strategies.
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An injury attorney is a lawyer who represents someone who was injured in an accident because of someone else’s perceived negligence. The injury can be either a physical or emotional injury or both. If the person has been injured and cannot be compensated for their injury from the responsible party, the injured party most likely will seek an Injury Lawyer Queens NY to help them recover monetarily.
An Injury Lawyer Queens NY will have the right expertise and knowledge in civil law, which is what personal injury cases are listed as. Criminal law is associated with criminal cases. Civil law is associated with civil matters. Civil matters include car accidents, slip and fall accidents, assaults, wrongful death, and medical malpractice.
Most personal injury cases do not go to trial, which is usually what everyone involved in the case prefers due to the extreme complexities of a trial. A trial delays the case, and it’s also risky. Therefore, neither side wants to run the risk of losing the case if it goes to trial. If a settlement is offered that is acceptable to both sides, usually everyone involves will agree to the settlement. Therefore, most attorneys and parties involved will choose to settle out of court.
The injured person may feel overwhelmed with all the details of the law or they may feel the responsible party is avoiding them, wrongly accusing them of fault, or simply not willing to pay what the injured party feels is owed to them. The injured party may also feel intimated by the responsible party’s attorney. For an untrained and inexperienced individual to prepare a personal injury case against the responsible party on their own is overwhelming, time-consuming, and very difficult to accomplish.
Even if the case goes to trial, the Injury Lawyer is experienced in handling the case and the trial. Where the injured party may think going to trial or settling is a good idea, the injury lawyer may think otherwise because they are more knowledgeable and experienced with every aspect of the case and the law. The paid attorney is responsible for making the right decisions based on everything they know about the law and the case itself.
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High Court Reporters
The High Court has agreed to adjourn a hearing to wind up two Russian state-owned aircraft and shipping leasing firms worth over $4.5 billion (€4.11 billion) to the end of the month.
Four creditors of the firms have asked the High Court to appoint a liquidator to Irish registered GTLK Europe DAC, and the related entity GTLK Europe Capital DAC on the grounds the firms are insolvent and unable to pay their debts.
The four, whose petition is being supported by other creditors of the group, want Damien Murran and Julian Moroney of Teneo Restructuring Ireland appointed as joint liquidators to the companies which have been hard hit by international sanctions imposed on Russia following the invasion of Ukraine.
The companies are opposing the application, and claim that despite the sanctions, they are solvent.
If the application is successful and a liquidator appointed to the firms, it would be the largest winding up in the history of the Irish State.
Mr Justice Brian O’Moore had fixed the hearing of the petition to wind up the companies to next week, and the matter was expected to last for two days.
However, following a pre-trial application by Benedict O’Floinn SC for the companies on Thursday, the judge agreed to put the hearing back to the end of May.
Mr O’Floinn asked the court to consider adjourning the matter for another four weeks.
The court he said had put in place a timetable for the exchange of pleadings and the hearing of the petition.
Counsel said despite the obvious difficulties his side has done its best to comply with the timetable but said that given the complexities involved would not be able to furnish legal submissions in time for next week’s planning hearing.
A period of four weeks would allow his side to furnish its legal submissions.
Kelley Smith SC, instructed by William Fry Solicitors for the creditors, had opposed the adjournment and argued the case should proceed as originally planned.
She said there appeared to be no dispute regarding the facts of the case between the parties, and her clients are concerned about the matter being prolonged any further than was necessary.
Mr Justice O’Moore said the court wanted to be fair to all sides and agreed to adjourn the matter to the end of the month and fixed the hearing for the 29 and 30th of May.
Given the urgency of the matter and the size and scale of the businesses sought to be liquidated, the judge said he was not prepared to put the matter back any further than the end of the month.
GTLK is Russia‘s largest leasing business in the transport sector, and leases ships and aircraft to customers all over the world.
It is ultimately owned by the Russian Federation’s ministry of transport. Several directors of GTLK’s ultimate parent are government ministers or deputy ministers in the Kremlin.
The four creditors that have petitioned the court for orders winding up the GTLK firms are Dublin registered Trinity investments DAC and an associated entity Allestor Europe Multi Asset Portfolio which is a sub fund of Allestor Capital ICAV.
The other two creditors seeking the winding up orders are Ben Oldman Special Situations Fund LP and Sona Credit Master Fund Limited which are both registered in the Caymen Islands.
The creditors claim that they are owed some $178 million by GTLK Europe.
They claim that the economic sanctions imposed on Russia following the invasion of Ukraine in February 2022 have had “a devastating effect” on the GTLK Europe Group.
GTLK’s Europe Group’s international leasing business is headquartered in Dublin, and the firms that are sought to be wound up are at the top of the group’s structure.
The creditors claim they entered into a series of agreements to refinance the respondent company’s debts, where they advanced significant funds to GTLK Europe Captial, of which GTLK was a co-guarantor.
After the sanctions were imposed the creditors claim there has been significant default by GTLK Europe Capital regarding it repayment obligations, specifically the requirement to repay interest due on the loans.
The creditors claim that the group has not satisfied their demands for repayment.
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**WARNING: GRAPHIC LANGUAGE**
For anybody who thinks yesterday's videos were isolated incidents: NYC POs are confronting this kind of abuse, or worse, on a daily basis. We're past the point of "disrespect." This behavior is inciting lawlessness, putting cops & NYers in danger.
'This Is Not Acceptable': NYPD and Mayor De Blasio Slam Videos of People Throwing Water on Police Officers
He might be the most beloved—and famous—person in the Dominican Republic. So why would someone shoot David Ortiz? And how could it be mistaken identity, as police have said? A visit to the island yielded few answers—but raised plenty more questions.
Utah couple visiting Mexico killed execution-style in front of son
He had 600 pounds of meth worth $140 million in his van. Then, he crashed into a police car
Missing teens now suspects in murders of couple, Canadian police say
Police offer reward for information on fatal Richmond shooting
Race of officer not a defining factor in US police shootings: study
White police officers are not more likely to shoot minority citizens, says
'They going to have to shoot me:' MPD releases video from officer-inv
Report: Man shot multiple times in altercation with police
Mayor de Blasio's staff lost NYPD bulletproof vest worn by Omar from 'The Wire' in charity performance
Firefighter widow can't sue city over Ed Norton film set blaze
Jeffrey Epstein appeals Manhattan judge's no-bail decision
Unregulated Synthetic Opioids Are Tied to 900 Fatal Overdoses in New York City
The truth about NYPD sex-crimes policing: A victim-centered approach featuring improved training and new facilities
First NYPD drone flights, as per deployment records
Philadelphia and New York police department teams set to play at Arm
Longtime Manhattan DA Morgenthau's Visitation Set For Tonight, Funeral Tomorrow
The uncensored truth and top stories in American Law Enforcement.
Back the Blue!!!!!
Conservative blogs are refused advertising by the major sites like Facebook, Google, etc. We depend on affiliate programs like the ones you see listed here.
American Police News
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Board of Physical Therapy Examiners
Position on Direct Access in North Carolina
Question: Does North Carolina allow direct access (practice without the legal requirement of a physician’s referral) and where can I find it in the NC PT Practice Act?
Answer: North Carolina has had direct access since 1985 when the Practice Act was revised in 1985 by the NC General Assembly.
PHYSICAL THERAPY PRACTICE ACT: NORTH CAROLINA
Effective: December 30, 1985
Article 18B Physical Therapy
90-270.24. Definitions.--In this Article, unless the context otherwise requires, the following definitions shall apply:
(4) "Physical therapy"………“Physical therapy does not include the application of roentgen rays or radioactive materials, surgery, manipulation of the spine unless prescribed by a physician licensed to practice medicine in North Carolina, or medical diagnosis of disease.”
90-270.35. Unlawful practice. - Except as otherwise authorized in this act, if any person, firm, or corporation shall:
(4) Practice physical therapy and fail to refer to a licensed medical doctor or dentist any patient whose medical condition should have, at the time of evaluation or treatment, been determined to be beyond the scope of practice of a physical therapist;
If you have questions regarding direct access in North Carolina, please feel free to contact:
Ben F. Massey, Jr. P.T., Executive Director
NC Board of Physical Therapy Examiners
18 West Colony Place Suite 140
Durham, NC 27705
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As the weather turns cooler and the leaves begin to change, our thoughts turn to pumpkin pie, hay rides, apple picking, and….flu season.
Yes, it’s that time of year again. Time for the annual pilgrimage to your doctor or local pharmacy for a vaccination against the flu virus. But what if, not only do you plan to be vaccinated yourself, you intend to require your employees to get the shot as well? Does the law allow that?
The answer is a qualified yes. Generally, employers can mandate that employees receive the flu shot, but they must accommodate employees who opt out based on sincerely held religious beliefs, unless such accommodation would pose an undue hardship for the employer. Accommodation of religious belief is a requirement of Title VII of the Civil Rights Act of 1964. Thus, in the absence of undue hardship, an employee whose religion prohibits vaccines must be excused from a flu shot requirement. Employers are well advised to take religious accommodation seriously, especially given a recent uptick in EEOC cases alleging that employers have violated Title VII by failing to accommodate religious opposition to the flu shot.
That being said, if an employee objects to the vaccine based on grounds other than a sincerely held religious belief, such an objection need not be accommodated. For example, if an employee simply believes that vaccines are harmful (such as those who claim a link between autism and childhood vaccines) , the employer is not obligated to excuse that employee from a company-wide vaccine requirement.
The desire by some employers to make the flu vaccine mandatory for staff is understandable. According to the Center for Disease Control and Prevention, U.S. businesses lose approximately $7 billion a year in sick days and lost productivity each year due to employees’ contracting the flu.
Nevertheless, any employer considering implementing a mandatory flu shot policy should consider it carefully. Would an incentive program yield similar results without running the risk of a discrimination charge? Rather than requiring flu shots, would making them more accessible increase the rate of vaccination among your employees? For example, employers might consider enlisting the services of a mobile flu shot clinic to provide vaccinations on the employer’s premises.
If you have questions about employee flu shot policies, do not wait to reach out to one of our human resources professionals. Flu season is around the bend.
Article Prepared by:
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Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Chapter 140/of the General Laws is hereby amended by inserting after section 12 the following four sections:-
Section 12A. For the purpose of sections 12B to 12D, inclusive, the word "hotel" shall mean a hotel, motel, resort, boarding house, or inn, which is kept, used or advertised as, or held out to the public to be, a place where sleeping or housekeeping accommodations are supplied for pay to guests for transient occupancy.
Section 12B. An innkeeper may remove or cause to be removed from a hotel a guest or other person who: refuses or is unable to pay for accommodations or services; while on the premises of the hotel acts in an obviously intoxicated or disorderly manner, destroys or threatens to destroy hotel property, or causes or threatens to cause a disturbance; or violates a rule of the hotel that is clearly and conspicuously posted at or near the front desk and on the inside of the entrance door of every guest room. If the guest has paid in advance, the innkeeper shall tender to the guest any unused portion of the advanced payment at the time of removal.
Section 12C. (a) An innkeeper may refuse to admit or refuse service or accommodation in the hotel to a person who: while on the premises of the hotel acts in an obviously intoxicated or disorderly manner, destroys or threatens to destroy hotel property, or causes or threatens to cause a public disturbance; or refuses or is unable to pay for the accommodations or services. An innkeeper may require the prospective guest to demonstrate an ability to pay. An innkeeper may require a parent or guardian of a minor to accept liability for the proper charges for the minor's accommodation, board, room, or lodging; and any damages to the guest room or its furniture or furnishings caused by the minor, and provide a credit card to cover the charges. When the parent or guardian cannot provide a credit card, the innkeeper may require the parent or guardian to make an advance cash deposit in an amount not exceeding $100 for payment of any additional charges by the minor or any damages to the guest room or its furnishings. The innkeeper shall refund the damage deposit to the extent it is not used to cover any reasonable charges or damages.
(b) An innkeeper may limit the number of persons who may occupy a particular guest room in the hotel.
Section 12D. (a) A person who negligently or intentionally causes damage to the hotel or any furniture or furnishings within the hotel, shall be liable for damages sustained by the innkeeper, including the hotel's loss of revenue resulting from the inability to rent or lease rooms while the damage is being repaired.
(b) A person who negligently or intentionally causes injury to any other person or damage to any personal property of such other person on the hotel premises shall be liable for the injury or damage.
(c) A parent or guardian of a minor shall be liable for acts of the minor described in subsections (a) and (b), if the parent or guardian provides a credit card or an advance cash deposit.
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Panama City White Collar Crimes Lawyers, Attorneys and Law Firms - Florida
Frank A. Rubino, ESQ. PA
White Collar Crimes Lawyers Serving Panama City, FL (State of Florida, FL)
Medicaid and Medicare fraud, Mortgage, securities, healthcare, federal, laundering, RICO\racketeering and corruption conspiracy
Defense of complex criminal cases in federal and state courts throughout the United States. Frank A. Rubino, Esq. has appeared in numerous Central and South American countries to represent people there charged with crimes. He has been successful in...
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What happens if you lose your passport while travelling or - on rarer occasions - your plane or bus is hijacked? In the second half of a two-part feature, Ian Jerrum continues his overview of standard travel cover
In the first part of this feature (C-Zone 9 March ) we looked at the main categories of standard cover, such as cancellation, personal accident, medical expenses, loss of baggage, delays and missed departures. Most travel policies will also include cover for specific risks, such as the loss of a passport.
Should travellers find they have lost their passport while abroad, they can normally claim expenses up to a limit of about £200 or £300 to cover additional travel and accommodation costs incurred in the process of obtaining a replacement.
One eventuality less frequently encountered by travellers - thankfully - is that of hijack. If a policyholder is prevented from reaching their scheduled destination because of a hijacking affecting their intended means of transportation, they would normally be able to make a claim on their travel insurance policy for delays caused.
A typical payment would be £100 for each 24-hour period of delay up to an overall limit of about £1,000.
Tour operator collapse
Many travel insurance policies also include cover against the collapse of a tour operator. If a travel firm goes out of business, the policyholder may be faced with the need to re-book the holiday with another company or they may face extra expenses in returning home from abroad.
Provided the original tour operator is licensed by the Association of British Travel Agents or a similar professional body, most travel policies will provide cover against this risk. Where not included in the standard policy, this cover is generally available as a policy extension.
Looking beyond standard policy features to extensions, one important aspect of additional protection commonly available is legal expenses cover. This would typically cover the policyholder or their relatives for legal costs, up to a maximum of about £25,000, incurred in pursuit of a claim against a third party believed to be responsible for bodily injury or death to the policyholder while abroad, so long as the insurer believes there is a reasonable prospect of success.
Legal expenses extensions will not normally apply to claims against carriers, travel agents, tour operators, insurers, other individuals with whom the policyholder is travelling or who are insured under the same policy. Legal expenses cover often includes access to a 24-hour legal advice helpline.
Turning now to consider conditions and exclusions commonly applying to travel insurance policies, policyholders are normally required to fulfil a number of basic obligations for cover to apply.
A key condition of most travel policies is that policyholders must disclose any medical condition or set of circumstances that may have given rise to a claim.
It is very important for insurance advisers to underline this obligation clearly to prospective policyholders. Failure to disclose a medical condition suffered by any traveller that might affect their holiday or travel arrangements could result in a policyholder's claim being denied and potentially leave them stranded overseas.
Other standard conditions include a duty to exercise reasonable care to prevent accident, injury, loss or damage, and an obligation to advise the insurer as soon as practicable of any occurrence that could give rise to a claim.
Exclusions applying to travel insurance policies would normally include: loss of luggage due to official confiscation; loss or theft of property left unattended in a public place or not reported to the local police or airline within a set period (for example, 24 hours); and loss or theft of unattended money (except from hotel security, safety deposit box or safe).
Death or bodily injury claims would normally be excluded where this results from non-essential medical treatment or surgery; from injury or sickness resulting from HIV or AIDS; alcoholism or drug abuse; from participation in hazardous sports, pursuits or activities; from suicide or self-inflicted harm; from pregnancy beyond a specified term (for example, 28 weeks); from childbirth; or from insanity.
Expenses resulting from exposure to tropical diseases where the policyholder has not received recommended inoculations will also normally be excluded.
Where there is an overlap in policy cover between an insured person's travel and household contents policies (such as lost baggage) the principle of contribution dictates that the policyholder cannot claim under both policies for the same loss except where they have exhausted the extent of cover provided by one of the policies and need to claim the balance under the remaining policy.
When one insurer has paid out they may seek a contribution from any insurer who has issued a policy providing overlapping cover.
The calculations determining the proportion of the loss for which each insurer is responsible can be quite complex, but are normally performed on an "independent liability" basis, governed by the limits of liability under the policies related to the total cost of settlement - meaning that that the policy liability of each insurer is considered independently of the other insurer's liability before calculating their respective contributions.
It is normally wise for advisers to check first what provisions are in place under particular policies.
Finally, winter sports is a form of cover extension commonly requested. Extended protection provided for winter sports would typically include cover for ski lessons and ski lift passes where the policyholder is prevented from attendance for a period of 48 hours or more (normally subject to medical certification).
A daily benefit of about £20 may be payable if pistes are closed due to lack of snow during a period in which adequate snow cover would normally be anticipated.
Travel delays due to avalanches would also normally be covered beyond the first 12 hours (except where this duplicates cover under another section of the policy).
Ski hire charges may also be included in the event that the policyholder's own equipment is lost, delayed in transit or damaged beyond repair. IT
' Ian Jerrum is managing director of Searchlight Solutions. This feature is based on materials available on Searchlight's market leading e-learning system, Tick.
Test yourself on travel insurance
Q1 What would be a typical amount payable for each 24 hours delay resulting from an incident of hijack?
Q2 Name three standard conditions applying to travel insurance policies
Q3 Name three circumstances under which claims for death or injury might commonly be excluded
Q4 The term "independent liability" describes the basis on which what is calculated?
Q5 Name three types of cover specific to winter sports travel policies expenses in the event of a missed connection
A1 £100. A2 a) Duty to disclose relevant medical conditions; b) exercise of reasonable care;
c) obligation to advise insurer of a potential claim within a reasonable period of time. A3 Where it results from any three of the following: a) non-essential medical treatment or surgery; b) HIV or AIDS; c) alcoholism; d) drug abuse; e) participation in hazardous activities; f) suicide or self-inflicted harm; g) pregnancy beyond a specified term (eg 28 weeks); h) childbirth; i) insanity.
A4 Insurers' respective contributions where policy cover overlaps between travel and home contents policies. A5 Any three from: a) ski lesson; b) ski lift passes; c) closure of pistes; d) ski hire charges; e) travel delays due to avalanche
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The merits of unconditional giving aside, if you build something and decide to give it away, decide to put it into the public domain, can you attach strings to the gift? Can you set rules that stick with your invention and continually govern how it will be used from owner to owner to owner? And if those rules aren’t’ followed is the violation copyright infringement? In a ruling deciding a case addressing the enforceability of open-source software licenses, Wednesday the US Court of Appeals for the Federal Circuit said yes. The decision reversed a San Francisco Federal Court ruling.
To many, the news may seem like an insignificant, or esoteric, legal discussion. The Open-Source community, which was rallying for the result, would argue otherwise. They’d claim the result is extremely important.
Lawrence Lessig, a noted copyright scholar, a Professor of Law at Stanford Law School and founder of the school’s Center for Internet and Society, wrote on his blog that “for non lawgeeks, [the decision] won’t seem important. But trust me, this is huge.”
In the original case, Robert Jacobsen filed a lawsuit against Matthew Katzer, owner of Kam Industries. Jacobsen claimed Katzer’s company was distributing commercial software for model railroads that inappropriately used and redistributed source code Jacobsen had created and made public under an open-source “Artistic License.” Jacobsen’s suit claimed Katzer’s disregard of the open source license terms (which require crediting the original author, among other elements) constituted copyright infringement. Under copyright law, he sought a preliminary injunction blocking Katzer’s ability to continue to sell the software.
In its finding, the lower court denied the request for a preliminary injunction. The court ruled the open-source Artistic License was “intentionally broad” and that violating its terms was merely a breach of contract, not copyright infringement. That distinction meant that instead of an injunction, Jacobsen’s most likely course of remedy would be to seek monetary damages. The trouble was, because the software was given away free, arguing for a monetary loss would have been difficult.
In deciding the copyright claim wasn’t fitting, the lower court effectively restricted the enforcement tools available to address violations of open source software licenses in the future.
The appellate court’s decision reversed the prior ruling. Lessig explained it as follows: “In non-technical terms, the Court has held that free licenses such as the CC licenses set conditions (rather than covenants) on the use of copyrighted work. When you violate the condition, the license disappears, meaning you’re simply a copyright infringer. This is the theory of the GPL and all CC licenses. Put precisely, whether or not they are also contracts, they are copyright licenses which expire if you fail to abide by the terms of the license.”
The appellate court’s decision will send the case back ot the San Francisco court but now, there will be more teeth to enforce the violations of the open source lciense.
That’s a sigh of relief for open source software developers from Wikipedia to the universities to the research labs.
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You will make money off the aviation arbitration fillable document
Did you know that dozens of Aviation people were looking for a fillable template of Arbitration Agreement form just today? Not because the day is special - many persons and companies around the globe coping with their document thing. This day they do need to have this Arbitration Agreement quick. But it’s nearly impossible to find one that meets all of the requirements, if we don’t speak of the forms for the government agencies.
Why don’t start to sell it? It means your remain the sole owner of it, but SellMyForms allows you to reach out those who require this one now, able to pay for it. You probably should start earning instantly and that is risk-free - your content is protected.
Still thinking this Arbitration Agreement has to be book-sized to sell itself out? If so, let’s move to the pointabout organizations in Aviation industry don’t care about quantity but a high-res writable template they can use constantly.
People from Aviation are willing to spend money on ready-made forms
A lot of Aviation form templates accessible from everywhere and free of cost. And you will find a lot more of them specific enough and extremely hard to get over the web. Remember, lots of people were looking for a fillable template of Arbitration Agreement today. SellMyForms is an innovative type of e-commerce that connects you with many other entities of Aviation.
The thing is, the majority of Aviation companies are still using scanned images instead of electronic form templates. They may be tricky and hard to process by form filling tools. When we speak of writable templates, we mean a ready-made document created for a digital use specifically. The one you're able to fill in and put your personal electronic signature on it, regardless of the software you use for this sort of purpose. And yes, when a company is looking for a template like Arbitration Agreement, they might rather pay a decent price for the ready-to-fill document instead of creating it on their own or coping with the scanned images.
It doesn’t cost anything to share your Arbitration Agreement fillable form and start making profit from it. But ensure your form template is unique, related, got no issues. If it is so, you're ready to distribute.
Sell Aviation documents easy and fast
When a person or business has an intention to sell certain fillable form, there are 2 things that set up priority for this action: revenue and security. Want to get both points at once? The answer is here.
- Refer to SellMyForms and offer your Arbitration Agreement to make a deal. This website for documents was designed to host the most widely-used templates and many more. This is a place for people of Aviation where they can sell and get fillable forms of good quality, from trusted sources;
- Arrange the terms, conditions and cost so you will have all necessary information regarding the deal;
- Share your Arbitration Agreement to the SellMyForms public marketplace so it can be found and bought by people.
How to sell Aviation Arbitration Agreement?
Make payments for your digital goods selling them with our , put them on sale on SellMyForms.
To sell Aviation Arbitration Agreement you need to:
- Submit the document and edit it.
- Set up document file name and additional information.
- Connect your Stripe account.
- Include payment details.
- Submit the changes to sell your document file.
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Lack of sexual standards is leading schools to believe in rape culture as an alternative.
Given the lack of any sexual ethic in our society, I can almost understand why college campuses have invented rape culture hysteria. But accusing men of rape without evidence is not an improvement. People open to casual sex have opened themselves to being exploited (if there is no evidence or witnesses to corroborate their accusations). The solution is a recovery of sex within marriage. But that is not even being considered.
Meanwhile, men are pushing back against rape culture through the courts. The Charlotte Observor reports, “More men named in college sex assault cases are taking their accusers to court.”
In the past three years, male students accused of sexual misconduct have filed hundreds of lawsuits, charging that they were the victims of both false allegations and school procedures that failed to properly vet the claims.
And while there are no exact figures, in dozens of those cases male students also have sued the women who lodged the original allegations. One out-of-state attorney says he has filed more than 15 defamation complaints nationwide on behalf of male students against their accusers.
Locally, lawyers used the threat of defamation complaints against female accusers in sexual-misconduct cases at both Davidson College and UNC Charlotte. Meanwhile, an Appalachian State University student has pending lawsuits against the school and his former Union County girlfriend after he was suspended in 2015 for “unlawful entry” into her dorm room.
Critics of these lawsuits say they can place assault victims on trial, further suppressing an already under-reported crime.
“When a woman tells you she’s been assaulted, believe her,” Davidson College President Carol Quillen wrote in an Observer guest editorial earlier this year. “Although the unicorn exception gets a lot of press, the overwhelming majority of women do not make up rape.”
However, Charlotte attorney John Gresham, who is representing the suspended App State student, says he sued the school and his client’s accuser only after his investigation showed that the allegations were false and that the university blatantly mishandled the case.
“In all of these matters, there are the futures of two students at stake,” says Gresham, who has also represented male students accused of sexual misconduct at Duke University, UNC Chapel Hill, Queens University and Davidson College.
The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by EagleRising.com
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A fugitive who bribed US Navy officials with suckling pigs and Lady Gaga tickets may be the key to Venezuela's government finally being recognized by Biden
'Fat Leonard,' who pleaded guilty to involvement in a US Navy bribery scandal, was caught in Venezuela. The US has 30 days to request extradition.
Fugitive 'Fat Leonard' was captured at a Venezuela airport trying to flee to Russia after escaping house arrest
The former military contractor behind a major Navy scandal cut his GPS monitoring ankle bracelet and fled house arrest while waiting to be sentenced.
'Fat Leonard,' who pleaded guilty in a major US Navy corruption scandal, cut off his ankle bracelet and is now on the run, feds say
"We are under the impression that this was pre-planned," a deputy US Marshal told Insider after neighbors saw moving trucks at Francis' home.
South Korea just pardoned Samsung's chief for bribing a former president because the country needs him to overcome a 'national economic crisis'
Lee was sentenced to two-and-a-half years in prison for bribing a friend of then South Korean President Park Geun-hye.
Bribery is an exchange where money or favor is given or promised to influence the judgment or conduct of a person in a position of authority.
Ex-Goldman Sachs banker convicted on bribery and money laundering charges over role in $4.5 billion 1MDB fraud plot
Roger Ng, 49, was head of investment banking in Malaysia. He was found guilty on all three counts relating to the 1MDB scandal.
An ex-Microsoft worker accused the firm of using illegal bribes. The company said it had fired employees in relation to the claims, The WSJ reported.
A former Amazon worker who admitted taking part in a bribery scheme has been sentenced to 10 months in prison
A 28-year-old ex-Amazon employee was involved in a bribery scheme that aimed to leak confidential information and manipulate the Marketplace.
Former Navy captain in the US Seventh Fleet admits he was bribed with lavish meals and sex workers by a foreign defense contractor
Donald Hornbeck accepted $68,000 in bribes, including dinners, hotel rooms, and sex workers from a Malaysian businessman known as "Fat Leonard."
Convict at center of the US Navy bribery ring now claims he secretly recorded naval officers with sex workers he paid for
Leonard Francis, an ex-contractor at the center of a notorious US Navy bribery ring, claims he secretly recorded officers with sex workers.
Former Netflix executive convicted of fraud after orchestrating more than $500,000 in bribes and kickbacks
As Netflix's IT chief, Michael Kail approved contracts with tech startups in exchange for kickbacks, even buying a house with the funds, a jury found.
Jay Y. Lee was accused of offering bribes to a friend of a South Korean president to win support for his succession at Samsung.
Attorney for Jared Kushner and a Trump fundraiser investigated by DOJ in alleged bribery-for-pardon scheme
The New York Times reported that a lawyer for President Trump's son-in-law was investigated by the Justice Department this summer.
Court documents show that federal investigators are looking into an alleged plot to provide a "substantial political contribution" for a pardon.
A wealthy businessman was charged with bribery over alleged payments of $1.5 million to get his sons into Harvard
A wealthy Maryland businessman and the former Harvard fencing coach were arrested and charged with bribery on Monday.
FirstEnergy plummets 45% in 2 days after investigators tie it to $60 million bribery scheme that just led to the arrest of Ohio House Speaker
US Attorney David DeVillers said on Tuesday that the plot is "likely the largest bribery scheme ever perpetrated against the state of Ohio."
The Trump Organization reportedly bribed New York City tax officials to pay lower taxes on multiple properties
Two former tax assessors said they personally received illicit payments, and three former assessors said they had indirect knowledge of the payments.
Trump tried scrapping 'unfair' anti-bribery rule barring US companies from paying off foreign officials, new book says
"I need you to get rid of that law," Trump told then-Secretary of State Rex Tillerson, according to a new book.
A top Chinese banker confessed to taking bribes after $29 million in cash was found in his apartment
"I got the money and just left it there, just like making regular trips to the supermarket."
Benjamin Netanyahu was just indicted on fraud and bribery charges, becoming the first Israeli prime minister to be indicted in office
Netanyahu is accused of receiving gifts and positive news coverage in exchange for regulatory benefits from the government.
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Difference Between Sexual Assault & Aggravated Sexual Assault
Consent and sexual assault have recently become hot-button issues in public forums. Unfortunately, many people are ignorant about what the law says about sexual assault and consent. To fix this problem, Smith & Vinson Law Firm explains the differences between sexual assault and aggravated sexual assault charges in Texas.
Definition of Sexual Assault in Texas
In Texas, sexual assault is when a person intentionally or knowingly:
1. causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;
2. causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or
3. causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.
Additionally, all the actions mentioned above are sexual assault if performed with a minor, even if the accused didn’t know the minor was under 17.
A person convicted of sexual assault may face a felony in the second degree.
Aggravated Sexual Assault Texas
What is aggravated sexual assault in Texas? Aggravated sexual assault is defined as a person intentionally or knowingly performs one of the acts mentioned above and:
(A) the person:
(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
(ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
(iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;
(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;
(vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act;
(B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or
(C) the victim is an elderly individual or a disabled individual.
Have You Been Charged with Sexual Assault?
If you or a loved one has been charged with sexual assault or aggravated sexual assault, a strong criminal defense is possible. Smith & Vinson Law Firm works hard to prove the highest quality representation possible – no matter the circumstances of your case.
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By Kevin Psutka and Dan Cornell, COPA General Counsel
A very important legal battle is about to take place, the outcome of which will have a profound effect on everyone who is involved in general aviation.
On May 2, 2008, the Attorney General for the province of Quebec filed an Application for Leave to Appeal to the Supreme Court of Canada in connection with two decisions which have been recently rendered by the Quebec Court of Appeal.
These cases affect everyone involved in general aviation as they go to the very heart of that activity, namely the ability to establish and operate an airport or aerodrome.
In the case of Commission du Protection du Territoire Agricole du Quebec v. Laferriere/Gervais, the Commission (CPTAQ) had refused to grant Mr. Laferriere permission to establish an aerodrome on his rural property. This decision was based on a 1990 decision of the Quebec Court of Appeal which held that the CPTAQ had the ability to regulate or prohibit the establishment of an airport or aerodrome on agricultural property.
Since that time, COPA has received many calls from individuals in the province of Quebec saying that the CPTAQ had also refused to grant permission for the establishment and operation of any form of airstrip. Given the importance of this issue, the COPA Special Action Fund was used to ensure that the issue received a thorough review at the time the matter was argued before the Quebec Court of Appeal.
After considering the matter at some length, the Quebec Court of Appeal adopted the legal position put forward by COPA and issued written reasons on March 4, 2008 in which they reversed the previous decision made by such court in 1990.
In doing so, the court held that the CPTAQ had no ability to prevent the establishment of an airport or aerodrome as this power is reserved exclusively to the federal government.
The second case involves the Municipality de Sacre-Coeur v. Lacombe et. al. In this case, the municipality had successfully applied to the Quebec Superior Court to obtain an injunction to prevent Lacombe from continuing operations from Lake Gobeil despite the fact that Lake Gobeil was listed as a base of operations on the Operating Certificate which had been granted by Transport Canada.
In granting the injunction, the Superior Court of Quebec held that the local zoning by-law applied to Lacombe’s operation and therefore the court had the authority to grant the injunction to stop them from flying from that lake.
Given the importance of the issue involved in this case, COPA applied for and received Intervenor Status and was permitted to make full argument before the Quebec Court of Appeal.
On March 4, 2008, the Quebec Court of Appeal once again accepted the legal arguments put forward by COPA, lifted the injunction and held that the municipal by-law had no application to the aeronautical activity of Lacombe.
These cases are of the utmost importance to personal and general aviation in Canada as there can be no doubt that if provincial land use agencies and municipalities are able to regulate or prohibit the establishment of airports or aerodromes or to regulate aeronautical activity, the risk exists that such activity will be seriously curtailed.
Given the importance of these cases, COPA has once again seen fit to provide funding from the Special Action Fund so that every effort can be made to meet this final challenge before the Supreme Court of Canada.
These land use issues have arisen across the country for a number of years. COPA’s member donations to the Special Action Fund provided funding and successfully met these challenges in Ontario (Venchiarutti v. Longhurst, 1992), British Columbia (British Columbia Regional District of Comox-Strathcona v. Hansen et. al. 2005) and Quebec (Laferriere and Air Mauricie, 2008).
Now that the issue is before the Supreme Court of Canada, a final and definitive answer will be provided.
With the support of the Special Action Fund, COPA members can rest assured that everything that can be done will be done to protect our freedom to fly. Without this Fund, our freedom to fly would have been significantly affected in these and other cases.
The Special Action Fund is now at a critical level due to increased demand and lower interest rates. Members are responding to our appeal for donations but the amount donated so far is not sufficient to sustain the $1 million principle, especially with the anticipated expenditure for the Supreme Court hearings and other challenges facing our freedom to fly.
Please visit our website or look in the newspaper for donation forms. Hold events to raise money or contribute whatever you can. Our freedom is at stake.
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10-810. Vacancy on board
A. Unless the articles of incorporation provide otherwise, if a vacancy occurs on a board of directors, including a vacancy resulting from an increase in the number of directors, either:
1. The shareholders may fill the vacancy.
2. The board of directors may fill the vacancy.
3. If the directors remaining in office constitute fewer than a quorum of the board, they may fill the vacancy by the affirmative vote of a majority of all of the directors remaining in office.
B. If the vacant office was held by a director elected by a voting group of shareholders, only the holders of shares of that voting group are entitled to vote to fill the vacancy if it is filled by the shareholders.
C. A vacancy that will occur at a specific later date by reason of a resignation effective at a later date under section 10-807, subsection B or otherwise may be filled before the vacancy occurs, but the new director may not take office until the vacancy occurs.
D. If at any time by reason of death or resignation or other cause a corporation has no directors in office, any officer or any shareholder may call a special meeting of shareholders.
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Many factors go into determining how much money you can get from an insurance company after an accident has occurred. However, one thing that needs emphasis is working with the right legal team to maximize your compensation in such a situation.
Keep A Record Of Your Lost Wages And Expenses.
It’s important to keep a record of your lost wages and expenses. This can be done by keeping receipts for everything you spend, including medical bills. If you have pain or are suffering from an injury, include those in your records.
Always Ask About Insurance Coverage.
The insurance company will try to avoid paying you. They may offer you a low settlement or argue that the injury was not caused by accident and, therefore, should not be covered by your insurance policy. You need to be represented by an attorney who understands how auto insurance works because if there are any gaps in coverage, those gaps can cost you thousands of dollars later on down the road.
Insurance coverage is essential for anyone injured in an accident but even more so for those with heavy medical bills and lost wages due to physical limitations caused by injuries sustained during an automobile collision with another driver or pedestrian.
Work With An Attorney.
You must work with an attorney if you are injured in an accident. An attorney can help guide you through the process and ensure everything is done correctly. A good personal injury lawyer will also have access to resources that can be used during your case, including medical experts and other professionals who may have relevant information.
An experienced attorney will know how much compensation each side should receive based on what happened (for example: if someone was speeding when they hit your car). They will know how much money this type of accident may cost companies like yours (for example: if there were no injuries but someone had damage). This makes it easier for them to create an accurate bill for damages since they do not need any guesswork about how much it would cost something like this!
It would be best if you worked with the right people to maximize your compensation.
You can’t negotiate with the insurance company on your own, and it’s important to have someone who understands the legal system and can help you through any obstacles that may arise during negotiations. An experienced personal injury lawyer will also be able to point out ways the insurance company could be making things harder for you than necessary, such as delaying payments or reducing payouts if they think other factors are involved in your accident (such as drunk driving).
Your Florida Personal Injury Lawyers will also advise on whether to hire an expert witness or other outside experts—usually reserved for cases with considerable exposure—and whether doing so would benefit them financially enough compared with their time spent on these cases; At the same time, some might argue. Otherwise, this decision should ultimately come down more closely related towards what kind of compensation package each party needs most urgently based on current needs.”
You know better understand how to maximize compensation. But most importantly, an attorney will help you get the best settlement for your injury, be careful when choosing one.
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President Trump's travel ban: 4 options for what happens next
President Trump's Department of Justice has several options to challenge Thursday's ruling by a federal appeals court, which refused to reinstate the temporary travel ban targeting seven majority-Muslim countries.
The department said in a statement Thursday that it was reviewing those options. The ruling came on the same day that Attorney General Jeff Sessions was sworn in, meaning the former Alabama senator will have a big decision to make within hours of taking the job.
1. Go to Supreme Court
The administration could appeal directly to the Supreme Court. That could be a difficult road, however, as the court remains short one justice and deadlocked 4-4 between conservatives and liberals. With Trump's nominee to fill the vacant ninth seat, Neil Gorsuch, just beginning a lengthy confirmation process, the high court could decide not to hear the president's appeal. Five votes are needed to overturn the lower court's decision.
2. Go to full Court of Appeals
The Justice Department instead could appeal the three-judge panel's decision to the full U.S. Court of Appeals for the 9th Circuit. An "en banc" appeal, as it is referred to in court, would allow Trump's legal team to appeal to 11 judges who would re-hear the case and issue a new ruling.
But that could also prove difficult, because the San Francisco-based court is considered the most liberal in the country. Eighteen of the judges were appointed by Democratic presidents compared to just seven appointed by Republicans. The administration has 14 days to request that kind of appeal.
3. Go back to Washington state
Another option is to allow the appeals court ruling to stand and return to the federal judge in Seattle who initially blocked Trump's plan a week ago. The ruling from the 9th Circuit only deals with the temporary restraining order issued by District Judge James Robart on Feb. 3. Temporary restraining orders are designed to be brief, generally lasting about 14 days. The next step would be a preliminary injunction, which can remain in place indefinitely.
A hearing for a preliminary injunction is already taking shape. Robart has given both sides until Feb. 17 to file their motions, and it’s expected he would schedule a hearing soon after that. His decision in that case likely would result in another round of appeals. After those are completed, then Robart could hold new hearings to decide the case on the merits – the final phase that would determine whether Trump’s executive order is legal. That decision also would face appeals and could end up before the Supreme Court.
4. Go write a new executive order
It may not be the president's inclination, but the appeals court panel hinted that a scaled-back executive order that did not bar all citizens from the seven countries might have a better shot at clearing legal hurdles. The court noted that the White House counsel's office already has proposed allowing travel by lawful permanent residents of the U.S.. It said such a change should come from the president. At the same time, the administration could eliminate references to protecting religious minorities, which appeared to single out majority Muslims for the ban.
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Surgery is one of the most challenging experiences one might go through in a lifetime. It requires a significant amount of aftercare and is also extremely expensive on the pocket.
Surgeries are tough not only on one’s physical health but also mentally. Surgeries must be performed with extreme care and with experienced hands. One small mistake can result in deadly consequences or lifelong altercations; surgeries can make or break one’s life; hence, stringent rules and regulations are necessary to prevent carelessness and reduce the chances of unauthorized surgeries. It is also essential to keep such rules as it allows for a strict regime that saves lives. Breaching any rules of this regime has dire consequences, which we also call malpractice.
Surgical errors in children have a much higher risk of permanent inhibition or loss of life. It is essential to have a good lawyer to guide you through these unfortunate times. If your child suffered an injury during surgery or any other medical treatment, refer to www.jjsjustice.com/national/birth-injury-lawyers/ to know more about the procedure to help you reach the deserved justice.
What are surgical errors?
Surgical errors can be termed as errors that have occurred during a surgery that has altered the outcome of the surgery or hindered the patient’s living conditions. For example, let us consider that a patient is undergoing surgery to get a tumor removed from their spinal cord. Due to inexperienced surgeons or lack of aftercare, the patient is left impaired from below the abdomen for life. This kind of unseen outcome due to surgery errors has forever changed the patient’s life in an unexpected and life-hindering way.
What are the kinds of errors that can occur during surgery?
Various ways surgeries are being performed can go wrong. Listed below are some ways there can be errors in surgery.
● Due to miscommunication or chart disruption, incorrect surgeries may be performed on patients.
● The surgeon performs surgery in the wrong part of the body or incorrectly accesses the body organ.
● Accidental clips of nerves result in nerve damage, loss of hearing, blood flow, sight, numbness, etc.
● Accidental damage to surrounding organs while operating on a different body part results in rupture of that organ
● Sometimes foreign objects may accidentally be left in the patient’s body, which can cause damage to the body.
● Reusing surgical instruments or using unsterilized instruments may lead to infections or sepsis.
Causes of surgical errors
A surgical error can occur due to various aspects such as lack of experience, sanitization, an unethical surgeon under the influence, neglect, improper planning, etc. there are various reasons for an error in surgery. Hence it is essential to maintain strict regulations to prevent slack in this field.
Why is surgical error considered malpractice?
Surgery is considered malpractice only when lifestyle consequences or loss of life are altered. Malpractice in surgery can have life-altering consequences. Hence there are strict rules to ensure such mistakes are av as much as possible.
When such situations are encountered, it is important to have a good medical malpractice lawyer who can guide you to receive the best compensation to remedy any injustice that might have occurred during surgeries.
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WASHINGTON (FOX 5 DC) - Police are searching for a suspect following a deadly stabbing in Southeast DC.
Officers were called to the scene in the 1600 block of 17th Pl SE at 6:57 p.m. for a stabbing where they found an adult male victim who is unconscious but breathing.
The victim has since been pronounced dead and homicide detectives have been called in.
A car was also seen overturned in an alley at the scene. Police say one of the involved parties was possibly inside of the overturned car prior to the stabbing.
DC Police released a description of a suspect, saying he is a Black male, white cap, white polo shirt, last seen fleeing on foot towards 18th Street.
If you see the suspect, police say do not take action. Call 202-727-9099 or text 50411.
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Due Diligence in Residential Property Transactions: Protecting Your Investment
Buying or selling a residential property is a significant financial transaction that involves various legal and financial complexities. To ensure a smooth and secure process, due diligence is essential. This comprehensive guide from Real Estate Law Corporation outlines the critical steps to take to protect your investment when engaging in a residential property transaction.
1. Review the Purchase Agreement
Once you’ve found the perfect residential property and negotiated the terms of the sale, the first step in due diligence is carefully reviewing the purchase agreement. This contract outlines the rights and responsibilities of both the buyer and seller. It’s crucial to understand the terms and conditions, including the purchase price, contingencies, and the timeline for the transaction.
Consider seeking legal advice to ensure the agreement is fair and protects your interests. Real Estate Law Corporation can help you navigate the legal aspects of the contract and provide guidance on any necessary amendments.
2. Conduct a Property Inspection
A thorough property inspection is a vital part of due diligence. Hire a qualified and licensed home inspector to evaluate the condition of the residential property. The inspection should cover structural elements, electrical systems, plumbing, HVAC systems, and any other significant components.
Review the inspection report carefully and address any issues with the seller. Depending on the findings, you may negotiate repairs or request a price reduction to cover the cost of necessary fixes. Failing to identify and address property defects during this phase can lead to significant expenses down the road.
3. Examine Title and Ownership
Title issues can complicate a residential property transaction and threaten your ownership rights. Conduct a title search to verify that the seller has clear and marketable title to the property. This search will reveal any existing liens, encumbrances, or legal claims against the property.
Real Estate Law Corporation can assist in examining the title and resolving any issues that may arise. Title insurance is also advisable to protect against potential undiscovered defects in the title.
4. Review Disclosures and Property History
Sellers are typically required to provide disclosures about the property’s condition and any known issues. These disclosures are legally binding and should be reviewed carefully. Pay attention to details regarding past renovations, property history, and any defects that the seller is aware of.
If you suspect that the seller has not provided accurate or complete disclosures, consult with Real Estate Law Corporation. Legal experts can guide you on how to address the situation and ensure that your rights are protected.
5. Secure Financing and Insurance
If you’re financing the purchase through a mortgage, due diligence extends to securing favorable loan terms. Compare offers from multiple lenders and carefully review the terms, interest rates, and fees associated with each option.
Additionally, consider insurance options such as homeowner’s insurance and flood insurance if applicable. Adequate insurance coverage is crucial to protecting your investment from unexpected events that could damage or destroy your property.
Due diligence is a critical aspect of residential property transactions, ensuring that you protect your investment and make informed decisions. Real Estate Law Corporation can provide legal expertise and guidance throughout the process, from reviewing contracts and resolving title issues to addressing disclosure disputes and securing favorable financing.
By taking these proactive steps and seeking legal counsel when needed, you can navigate the complexities of residential property transactions with confidence and peace of mind. Protecting your investment and securing your dream home or property becomes a smoother process with the right support and diligence.
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The sentencing of three cops implicated in the murder of lawyer Willie Kimani has been set for November 2022.
Confirming the date was Judge Jessie Lessit who settled for November 11th as the ruling date of the three police officers namely Stephen Cheburet and Sylvia Wanjiku and informer Peter Ngugi.
Lawyer Kimani was killed back in 2016 alongside his driver Josephat Mwendwa and taxi driver, Joseph Muiruri causing an uproar among Kenyans and the legal fraternity at large.
- Gov’t rescues 22 Kenyans trapped in Laos, Asia
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- Prof. Wajackoyah’s running mate Justina Wamae quits Roots Party
Investigations into the murder saw the arrest of the three police officers who were found guilty of the incident on July 22nd.
One other police officer identified as Leonard Mwangi was also implicated in the murder but the court found insufficient evidence to link him to the said murder.
Lawyer Willie Kimani’s woes began in 2015 when he took over the case of Josephat Mwenda who had been accidently shot Fredrick Leliman for allegedly flaunting traffic laws.
Threats followed the two before they went missing and their bodies discovered on June 1st, 2016 in a river in Ol Donyo Sabuk.
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"The use of military force by a President without prior authorization of Congress constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution."
The media buzz says that Obama is meeting with security officials and planning the release of a report claiming that the Assad regime was behind the chemical weapons attack.
Meanwhile the UN team has yet to be allowed to finish its job or to even investigate who was behind the attack. That's richly hypocritical coming from the party that spent 2002 shrieking, LET THE UN INSPECTORS FINISH THEIR JOB.
Apparently letting the UN do its job is one of those rules that only applies to Republicans.
Obama ordered a declassified report be prepared for public release before any military strike commences. That report, top advisers tell CBS News, is due to be released in a day or two.
There was no debate at the Saturday meeting that a military response is necessary. Obama ordered up legal justifications for a military strike, should he order one, outside of the United Nations Security Council.
It's nice that there's no debate.
Polls show the American people decisively opposed to Obama's Syrian War. The UN is not likely to approve his unilateral and illegal attack. And most importantly, there is no mention of Obama asking Congress for a resolution to approve the use of force.
For the second time in his administration, Obama will fight an illegal war without Congress. As in Libya, he will keep a few key friendly senators in the loop. A White House official has as much as admitted that saying that Obama will "consult Congress" not ask it for a resolution to authorize the use of force. And he'll eventually give a speech to Americans. And that's it.
Obama did it once and got away with it. He shouldn't be allowed to get away with it twice.
During the debates, he blatantly lied to the American people telling them that he didn't want any more foreign wars and that he would focus on nation building at home.
His new war is wildly unpopular. There is no better chance to hold him accountable on an issue that even many on the left would agree with.
Obama's complete disregard of the law and his insistence on imperial government makes such a confrontation both necessary and inevitable. And this would be one of the best places for such a confrontation. The impeachment would not succeed, but it would force a debate on Obama's abuses of power.
Before the election, Obama said, "The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation."
He knows his actions are illegal. He was against them, before he was carrying them out.
Last year, Congressman Walter Jones submitted a resolution to impeach Obama if he illegally attacks Syria without receiving approval from Congress.
Expressing the sense of Congress that the use of offensive military force by a President without prior and clear authorization of an Act of Congress constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution.
Whereas the cornerstone of the Republic is honoring Congress's exclusive power to declare war under article I, section 8, clause 11 of the Constitution: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That it is the sense of Congress that, except in response to an actual or imminent attack against the territory of the United States, the use of offensive military force by a President without prior and clear authorization of an Act of Congress violates Congress's exclusive power to declare war under article I, section 8, clause 11 of the Constitution and therefore constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution.
The resolution was cosponsored by a variety of figures like Louie Gohmert to Dennis Kucinich. It may be time to pick it up again. If we're going to confront Obama's lawlessness, let's do it here.
Let's force the media to spend its credibility defending a war that the vast majority of Americans oppose and defending the right of Obama to unilaterally go to war against the wishes of Congress and the American people.
Let's stop playing around with the small stuff and cut right to the chase. We either have a Republic or a Monarchy. We either have checks and balances and the rule of law... or the whim of a handful of powerful men using their media empires and fortunes to manipulate ignorant voters into writing them blank checks for their lawlessness in periodic elections.
This is the most important conversation that we need to have about the future of this country. Impeachment will force us to have it.
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A man will plead guilty to securities fraud and pay regulators around $US801,000 for using insider information to profit from Disney's $US4 billion acquisition of Marvel Entertainment in 2009.
According to the deal filed in Los Angeles federal court on Wednesday, Toby Scammell learned from his then-girlfriend, a Disney corporate strategy employee, that Disney would acquire a well-known company she didn't name.
Scammell learned from his consulting company that Disney had previously wanted to acquire Marvel. He bought call options in Marvel stock for around $US5,500, and later sold them for $US192,000 in profit.
Last month, Scammell agreed to settle a parallel civil case and pay $US801,000 to the Securities and Exchange Commission, which will be credited to his fine in the criminal case. He also faces prison time.
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The Fair Labor Standards Act (FLSA) established the federal minimum wage in 1938 to ensure that employers do not extort their employees. Over the years, the minimum wage has been amended several times, but most recently in 2007 when the wage was raised to $5.15 per hour. Initially in 2013, President Obama called on Congress to raise the minimum wage to $10.10 per hour. As discussed in ‘Legislative Background on Fair Labor Standards: Action by Congress on the Federal Minimum Wage,’ the minimum wage bill was defeated and remains at $7.25 with an amendment made to the H.R. 803 bill, which is no...
... middle of paper ...
... what you are depending on, well I think that’s kind of sad. Where is your motivation in life? I know you aren’t going to find it in a McDonalds.” Although Kyle does not have the same beliefs as he probably would have when he was younger, the end result is clear. Making college difficult with high tuition fees against an easy job with a high minimum wage, many young Americans will most likely pick the latter.
In conclusion, minimum wage should not be increased at this time because of the overall negative affect it will have on the American people. Not only will the increase cause multiple problems for present business owners but the adverse effects will be seen for years to come and in the future generations of business owners. Ultimately, the minimum wage will not increase drastically right now because of the lack of support within Congress and of many Americans.
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- People in america are arguing should minimum wage be increased or not i think minimum wage should not increase why should a no skill worker make 15.00 0r a teenager if people feel like they should be paid more they should take it up with the state because they set how high or low they want it as long as it more than 8.15 less than 50% of people receiving minimum wage are full time workers this is because many minimum wage workers are teenagers or part time college students the most current research shows that a higher minimum wage does increase.... [tags: Minimum wage, Wage, Unemployment, Employment]
1638 words (4.7 pages)
- Should Minimum Wage Be Increased. “Put yourself in my dirty, worn out, ill-fitting shoes, and you hear me.”(Parker 1) A minimum wage job can only be helpful for so much. As a single parent, Parker does not have enough to sustain her family of 3 with their needs for food, child care nor medical care. With a minimum wage job you can’t afford child care which results in no job. What can you do with a minimum wage job. What can you afford with it. How can you support your family with such a low salary.... [tags: Minimum wage, Wage, Living wage, Health care]
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- With the current economic market still reeling from the effects left by the recession that consumed the United States for eighteen months, we should take the time to weigh the benefits against the possible results that raising the minimum wage could cause. Statistics show that an increase in current wage would do more damage to the already unstable market, than the good that so many government officials want everyone to believe. The misinformation that is being delivered to the ever growing population of poor individuals provides them with false hope that the extra money that they will be receiving in their paychecks will pull them out of poverty and save them.... [tags: Minimum wage, Employment, Wage]
1299 words (3.7 pages)
- Karl Marx’ capitalism theory goes hand in hand with the minimum wage issue. Declining wages and growing inequality are the world’s central economic challenges. In modern day America, where the cost of living is constantly on a gradual increase, the question arises: Should the minimum wage be increased. After doing some research, reading works by authors such as: Jordan Weissmann, Jared Bernstein, and Brad Plumer. I have come to the conclusion that, although increasing the minimum wage will have various effects on diverse demographics, increasing the minimum wage will ultimately benefit our nation.... [tags: Wage, Working class, Minimum wage, Employment]
802 words (2.3 pages)
- There have been various conflicts for many years now in the United States economically. Wanting to raise the minimum wage to people who work in the fast-food industry that earn minimum wage is the biggest conflict. Majority of fast-food jobs pay minimum wage and are known to be for teen-aged workers not for an older person to make a living from. Although many people think raising the minimum wage would be a beneficial idea for the government so it can help the economy out. Minimum wage was never meant to be a feasible income; if minimum wage gets increased it would not benefit the poverty crisis in the United States.... [tags: Minimum wage, Unemployment, Employment, Wage]
734 words (2.1 pages)
- There have been many arguments going on whether minimum wage should be increased. This action has its pros and cons. It can benefit many families as living cost has gone up, price for education is rising, and college students are in huge debts. Minimum wage has been around for ages. Minimum wage employment was a temporary condition for people to earn little payment until they moved on to a better paying job. These jobs helped build résumés, experiences, and skills for a better career. As years went on that idea began to demolish into a job that many families can get to survive and pay for their expenses.... [tags: Minimum wage, Employment, Money, Wage]
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- One of the most frequently asked questions in the United States is whether the minimum wage should be increased or remain the same. The minimum wage is currently established at $7.25 an hour. The Federal Government composed the minimum wage in 1938 with the Fair Labor Standards Act. The passing of this act declared the fact that workers must be payed for working overtime. In the early stages of the minimum wage being put into effect, workers were paid twenty-five cents which is equivalent to four dollars in today 's currency.... [tags: Minimum wage, Unemployment, Employment]
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- In a Congressional Budget office report in 2014, many policy analysts came to the conclusion that even a raise to $10 an hour would raise the living budgets for 16-24 million people in the United States, but also create a loss of half a million jobs as well. Imagine what a $15 an hour raise would do to the employment rate and available jobs in the country. The amount of money paid for minimum wage became an issue in 2013 when fast-food employees felt they should be paid more than $7.25 to $7.95 an hour.... [tags: Employment, Minimum wage, Wage, Small business]
1537 words (4.4 pages)
- It’s a question that the nation is split on. In the presidential election, you can find all sorts of different stances on the subject. Some choose a side because of their socio-economic status. Some choose a side based on whether they believe it will hurt or help the economy. The question is whether or not the federal minimum wage should be increased. According to a website called iSideWith, 58% of respondents to this question believe it should be increased, while 42% believe that it should not be.... [tags: Minimum wage, Unemployment, Employment, Economy]
1188 words (3.4 pages)
- The Minimum Wage Should Be Increased Congress enacted the federal minimum wage in 1938, during the Great Depression. Congress had two goals; keeping workers away from poverty and boosting consumer spending for economic recovery. Today, there is a debate, whether we should increase the minimum wage again. Increasing the minimum wage is useful for several reasons. First, the current minimum wage has failed to keep up with inflation. Second, a higher income level reduces employee turnover and increases efficiency and ultimately, raising the minimum wage does not reduce employment.... [tags: Minimum wage, Employment, Wage, Labor economics]
1049 words (3 pages)
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NEW YORK (REUTERS, WASHINGTON POST) - Seven law enforcement officers were shot, one of them fatally, near the city of Florence, South Carolina, on Wednesday (Oct 3), before a suspect was arrested, according to local media and emergency management authorities.
The incident occurred at about 4pm on Wednesday afternoon after the suspect opened fire on deputies attempting to serve a search warrant to a house in South Carolina, officials said.
From inside the home, the suspect fired on the deputies, striking three of them, officials said. The suspect continued to fire as officers from other departments arrived to assist.
The wounded were evacuated after police drove in with a bullet-resistant vehicle, while the suspect barricaded himself inside, along with an unspecified number of children. After an approximately two-hour standoff, the suspect, who was not identified by officials, was arrested.
The officer who was fatally shot was from the Florence (South Carolina) Police Department. He was not immediately identified.
Chief Allen Heidler told reporters that he had known the officer for 30 years, calling him “the bravest police officer that I have ever known".
Officials expressed shock and anger that violence broke out while deputies were serving what they called a “random search warrant", a relatively routine investigative procedure.
The suspect had an advantageous vantage point of several hundred yards, officials said.
“These officers went there unknowing the firepower this suspect had,” Florence County Sheriff Kenney Boone told reporters, his eyes wet.
“He had an advantage. The officers couldn’t get to the ones that were down.”
The six officers are receiving treatment at a local hospital.
Florence, a city of about 38,000 people, is in the Pee Dee region of northeastern South Carolina that was drenched by heavy rains and flooding from Hurricane Florence last month.
At least 100 law enforcement officers swarmed the area around the shooting, ABC News affiliate WPDE reported.
"This is simply devastating news from Florence. The selfless acts of bravery from the men and women in law enforcement is real, just like the power of prayer is real," Governor Henry McMaster said on Twitter.
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Patent Secretary - London - Up to £43,000
A market-leading firm of Patent and Trade Mark Attorneys are continuing to expand their collegiate secretarial team with an additional Patent Secretary.
The firm’s Patent Secretaries are typically allocated between 2 and 4 fee earners and cover for others secretaries where necessary.
Duties include but are not limited to, performing electronic filing, checking reminder systems and dealing with daily reminders, drafting letters, creating invoice requests, arranging meetings and more.
The hired individual will receive an excellent salary and benefits package including flexi-time.
Daniel John or Sarah Higgs
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This page contains:
An exception in the U.S. copyright law, known as the Chafee Amendment (17 U.S.C. § 121), makes Bookshare® possible under the law in the United States, as long as the copyrighted digital books are only available to people with bona fide disabilities.
The Bookshare site does not provide access to copyrighted works for the general public.
Although the requirements of the copyright law exception are quite clear, Bookshare has gone beyond these requirements to ensure broad support for the project. We have been working with the Association of American Publishers, the main industry group, to address publishers' concerns in the design of the service. Many publishers and authors have volunteered to share their works with the disability community through Bookshare, going well beyond the copyright exception. We are also working with the leading disability organizations, including the Library of Congress and Learning Ally (formerly RFB&D). With extensive input from consumers, publishers and leading organizations, we have created a plan for Bookshare that can be supported by a broad array of interests.
Bookshare is an online community that allows users with print disabilities to legally share books. It includes the necessary controls to protect against use by non-disabled persons. Bookshare meets the requirements of the relevant section of copyright law, 17 U.S.C. § 121:
"...it is not an infringement of copyright for an authorized entity to reproduce or to distribute copies of a previously published, nondramatic literary work if such copies are reproduced or distributed in specialized formats exclusively for use by blind or other persons with disabilities."
- Copies may not be reproduced or distributed in a format other than a specialized format exclusively for use by blind or other persons with disabilities.
- Must bear a notice that any further reproduction or distribution in a format other than a specialized format is an infringement.
- Must include a copyright notice identifying the copyright owner and the date of the original publication.
- "Specialized formats" means Braille, audio, or digital text which is exclusively intended for use by blind or other persons with disabilities.
As a project of the Benetech® nonprofit organization, Bookshare meets the definition of an authorized entity. Our status was also confirmed by the U.S. Department of Education, when they made a major award to Bookshare, an award that could only be made to an authorized entity.
Bookshare is based on electronic Braille and digital talking book standards and copyright law recognizes these digital formats as specialized formats for the disabled. Braille books and four-track audio cassettes are the most commonly recognized specialized formats in use over the past thirty years.
In addition, some publishers and authors have provided permission for books and other publications they provide in digital form to be made available in accessible digital formats to individuals with qualifying disabilities either just within the United States or worldwide. For more information, visit our Publisher and Author information pages.
The Seven Point Digital Rights Management Plan
Bookshare makes active efforts to ensure that its collection and its users abide by the law to maximize the benefits realized by the disability community and minimize abuse. Bookshare controls the format of the materials that it provides and ensures the appropriate copyright notices are in its digital publications. Access is restricted to disabled individuals and other authorized entities. Digital rights management helps to ensure that access remains limited to those covered by the copyright law exemption.
1. Qualified Users
Only blind or other persons with disabilities that affect their ability to access print are permitted to download copyrighted books. Bookshare follows the procedures and standards for access to books that were developed by Learning Ally (formerly RFB&D). A Bookshare user must register and supply a signed certification completed by an appropriate professional in the field of disability services education, medicine, psychology or a related area. The certifier must be a recognized expert who can attest to the physical basis that limits the applicant's use of standard print. Appropriate certifying experts may differ from disability to disability. For example, in the case of blindness and visual impairments, an appropriate certifier may be a physician, ophthalmologist, or optometrist. In the case of a perceptual disability, a neurologist, learning disability specialist, or a psychologist with a background in learning disabilities may be the most qualified certifying professional.
In addition, since any U.S. resident who has previously submitted a proof of disability to NLS (National Library Service for the Blind and Physically Handicapped of the Library of Congress) or Learning Ally (formerly RFB&D) would qualify under the law, we have cooperative agreements where NLS or Learning Ally will certify to us that he or she has such proof already.
2. Contractual Agreement
3. Copyright Notice
In order to comply with the copyright law regulating the provision of accessible books to people with disabilities (17 U.S.C. § 121), Bookshare ensures that all copyrighted materials bear a notice that any further reproduction or distribution in a format other than a specialized format is an infringement. Such content includes a copyright notice identifying the copyright owner and the date of the original publication.
In addition, there is other language reminding users of their obligations to use this material only as permitted by their agreements with Bookshare and the law. It also informs people who are not Bookshare users that their possession of a Bookshare digital book is a violation of the copyright law and that they should erase such a book without using or copying it. View the text of the Bookshare Legal Agreements.
Bookshare encrypts a requested book for a given user, and the files are delivered through secure/encrypted channels.
All copyrighted material downloaded is fingerprinted as part of the encryption process so that the identity of the authorized user is contained within the decrypted material in a difficult to find fashion. This way, if a user illegally redistributes material downloaded from Bookshare, it is possible to confirm both that the materials came from Bookshare and which user was responsible.
6. Security Database
All transactions, encryption codes and fingerprints are stored in a database enabling Bookshare to track any abuse to the source. Users are informed of the existence of this database as part of Bookshare's privacy program, and are informed of the limitations of the use of this data (it will only be used to respond to abuse problems, and not for marketing or other purposes).
7. Security Watch Program
A security program monitors all transactions and automatically limits any user whose account downloads more than a fixed number of titles in a given month (typically 100 titles). In addition, Bookshare regularly searches the web for illegal copies of content originating from Bookshare user downloads, and suspends the account of users found to have been the source of such content, as well as issuing take-down notices to the websites hosting such content.
Copyright Infringement Complaints
As explained above, it is not an infringement of copyright for Bookshare to provide accessible books to people with bona fide disabilities. If you believe that a copyright has indeed been infringed, please do one of the following:
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Every subordinate lodge in this jurisdiction must hold a charter from the Grand Lodge or a dispensation issued by authority of its law; and a chartered lodge shall not proceed to work until it shall have been regularly constituted and its officers installed. [2-1; 13-3.4; 13-3.7; 38-2; 38-3.1; 39-6.3; 39-12; 39-13; 58-1].
Subordinate lodges, whether under dispensation or chartered, shall have such powers, and only such powers, as are conferred upon them by the Constitution, Regulations, laws, edicts, and decisions of the Grand Lodge. [2-4; 43-1.3; 43-2; Chapter 43].
Subordinate lodges, and not the Grand Lodge, shall confer the degrees. they are authorized to confer the degrees of Entered Apprentice, Fellow Craft, and Master Mason only. The degrees shall be conferred only in the order named. [71-2; Chapter 71].
Lodges shall take precedence according to the dates of their respective charters.
No subordinate lodge of the Grand Lodge shall hereafter incorporate under the civil law unless its petitions for such incorporation, together with copies of the proposed charter and by-laws, is filed with the Grand Secretary and is first considered and reported on by the Committee on Masonic Jurisprudence, and is thereafter approved by a two-thirds majority vote of the members present at an annual communication of the Grand Lodge such incorporation of a subordinate lodge shall not in any manner affect, change, or modify its relation with the Grand Lodge. A subordinate lodge, although incorporated prior to the adoption of this CODE, is in all respects subject to the laws of the Grand Lodge notwithstanding its incorporation. [49-5; 43-8.1.D; 43-8.1.E; 60-10].
No member of a subordinate lodge shall have any property interest either in his membership in the lodge or in any property which the lodge has acquired or may acquire that can be enforced in law whether or not the lodge has been incorporated under the civil law prior to the adoption of this CODE. [52-7;Preamble III (2)].
The Grand Lodge is in no manner whatever responsible for the debts and obligations of its subordinate lodges, but it may provide that available assets of a subordinate lodge shall be applied to the payments of such debts and obligations. [49-8].
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Ex Refuses to Remove Your Name Off Mortgage
How do I handle a case where my ex refuses to remove my name off mortgage? 6 years later I just received a default notice
Assuming that your Judgment states that the Agreement is incorporated but not merged into the Judgment, you can file an application with the Supreme Court to have him held in contempt of court for failing to comply with the Judgment. The relief requested can include your ability to list and sell the house due to his violation and the damage to your credit.
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In New Jersey, the Surrogate is a Constitutional Officer and the Judge of county's Surrogate's Court. Surrogates are elected by the voters of each county every five years. The Surrogate also serves as Deputy Clerk of the Superior Court, Chancery Division, Probate Part.
The word Surrogate means "one who takes the place of another." The Surrogate in each county is actually taking the place of the Governor, who in 1710, received from the Archbishop of London the authority to probate wills, issue marriage licenses and perform those functions which at the time were in the province of the Church. That power eventually went to the governor of the crown colony of New Jersey. The Surrogates were recognized as a separate office in the 1844 Constitution of New Jersey and allowed to run for election in each county to hold office for a five year term. Through subsequent statutes and modification, the powers and duties of County Surrogates were changed to meet present needs.
The Surrogate’s primary functions relate to the probate of wills, the appointment of administrators of estates and trustees named in wills, and the qualification of guardians of minors and incapacitated persons. The Surrogate's Court is also the custodian of a minor's funds, until the minor turns 18 years of age, when he/she: receives proceeds from a lawsuit; is named as a beneficiary of an insurance policy or in a Will (unless it is directed to go into a Trust); or receives money from an intestate estate.
As Deputy Clerk of the Superior Court of New Jersey, Chancery Division, Probate Part, the Surrogate's Court reviews, files and processes: adoptions, declaration of death actions, appointments of conservators; applications to have persons declared incapacitated and to have guardians appointed; estate related litigation pleadings; and actions to compel accountings in estate and guardianship matters.
Essex County Surrogate's Court is administering a program called the Guardianship Monitoring Program wherein volunteers are used to assist in the monitoring and oversight of guardians of incapacitated persons.
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Police shoot, kill man armed with chef's knifePosted: Updated:
PHOENIX -- Police shot and killed a man who had been drinking and allegedly went after his girlfriend with a chef's knife.
It happened after 11 p.m. Sunday in the area of Seventh Avenue and Beardsley Road.
According to police, it started with a call regarding a domestic situation between Alfred San Antonio, 51, and his 54-year-old girlfriend.
"These types of calls are inherently dangerous," Phoenix police Sgt. Steve Martos said, explaining that there are many factors that play into such emotionally charged situations. He said officers have to be prepared for anything.
The woman, who escaped mostly unharmed and called police, said the man attacked her with a knife. She told officers that her boyfriend had been drinking throughout the evening and engaged her in an argument.
She told him that she wanted to leave for the night and began packing personal belongings. That's when he allegedly grabbed a knife and indicated he was going to harm her.
The woman said she attempted to disarm him and get away, sustaining a minor injury during the struggle. Investigators said the man stabbed himself with the knife as the woman ran outside.
When officers arrived on the scene, he allegedly lunged at them with the knife. That is when an officer opened fire, killing San Antonio.
A neighbor told 3TV's Jill Galus that he heard several shots, although he didn't immediately recognize them as gunfire.
"I was a little too tired, so I couldn't tell if someone was maybe banging on the screen door or if they were actually gunshots," Justin Blum said. "I got up and came out and saw the cops everywhere."
"In this neighborhood, we don't have a history of violence ..., so I didn't automatically assume that that's what happened," Blum continued, explaining that one of the officers on the scene assured him that there was no further danger.
Martos said the neighborhood where this happened is typically quiet and that this was an isolated incident.
No officers were injured in the incident.
The officer who fired his weapon will be placed on paid administrative leave pending the outcome of the investigation. That is standard procedure anytime an officer fires his or her service weapon.
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CHICAGO — A Winnetka businessman has been found guilty of buying thousands of N-95 masks early in the pandemic and selling the protective wear at significant markups.
Krikor Topouzian, 62, was convicted of buying nearly 80,000 masks through his health supply business in April of 2020.
Prosecutors say Topouzian bought the masks for about $5 each and resold them for $20 – a markup of approximately 185% to 367% per mask. Topouzian engaged in the price gouging despite repeated warnings, including from law enforcement, about the illegal nature of his conduct, even after the government labeled them “scarce materials” and friends told him his prices were too high.
Prosecutors also allege that Topouzian boasted about “making massive profits,” stating in a text exchange that he was making $50-80,000 a day and about $1 million on some weeks.
He could face up to a year in prison. Sentencing is set for Oct. 10.
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When Nick Drummond and Patrick Bakker bought a home in Ames, New York in September of 2019 they had heard rumors of bootleggers but considered it a tall tale.
The house, built in 1915, needed some work on the skirting of the rear mud room and as Drummond removed the rotted wood a package fell out. The package contained six bottles of whiskey packed in straw. When he discovered the stash, he realized that the rumors of a bootlegger may have been true.
According to usatoday.com, the couple had planned on renovating the old home which needed new electric service and the plumbing replaced and when the two began stripping the wallpaper they found much of the plaster needed repair as well.
Their plan was to remodel the kitchen first and enlarge the mud room. There was a secret door in the floor of the room which the two had noticed when they bought the house but had never investigated.
Under the floor in secret compartments, they found a total of one hundred bottles, some never opened, some half full and some empty.
Most were labeled Old Smuggler, a rather apropos name, and dated to the 1920s and before. The brand is a top shelf blended Scotch whiskey that has been on the market since 1835, according to thewhiskeyexchange.com and was very popular during prohibition.
The men decided to start researching the ownership of the house and found it had belonged to a self-appointed Count by the name of Adolph Humpfner.
From the newspaper article they posted on Instagram they found that Humpfner had come to the United States from Bavaria, Germany and had made his fortune in real estate. He was a quiet man who never entertained or made close friendships with the townspeople.
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His only confidante was Harry V. Barry who was with him when he suddenly took ill and Barry drove Humpfner to the hospital. When Humpfner died on October 12, 1932 with no will Barry began to make plans for the funeral when Helen R. Humpfner appeared claiming to be the widow. Helen had been declared dead as no one had seen her since 1912.
According to casetext.com Barry had been appointed administrator of the estate only three days earlier. When Helen appeared, the courts were unaware of Barry’s appointment and appointed her executor of the estate.
Barry filed suit involving a convoluted argument as to the decedents residence county and was able to get Helen’s appointment revoked. Barry went to the residence and found letters and bank books for several banks but in many of them Humpfner had used phony names.
It took several years for the titles to the properties Humpfner owned to be sorted out, even using a handwriting expert to prove the signature of Humpfner matched the ones signed by aliases. The mess became even worse when it was discovered that properties were transferred back and forth using several false names.
Barry finally succeeded in properly titling each property correctly. After that Barry decided to look for family members. He knew that two sisters still lived in Germany and went to Europe to meet with them.
They were both widows who obviously had lived a hard life so Barry came back to the United States to declare them the legal heirs of the estate. The sisters and Helen shared the fortune and Barry went back to the lumber business.
The sisters later claimed they were cheated out of the correct amount of the estate by Barry and questions were raised as to the cause of sudden death so quickly after Barry was appointed to be executor of the estate.
Another Article From Us: Point Nemo: A Spacecraft Cemetery That’s Two Miles Under the Pacific Ocean
According to edition.cnn.com, Drummond and Bakker have considered selling the unopened bottles of whiskey which have been valued at about one thousand dollars each except for one which they will be keeping for themselves.
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DOJ is 'extremely disappointed' in UK decision NOT to extradite Assange as No.1 campaigner Pamela Anderson celebrates prospect of the WikiLeaks founder being freed this WEEK
- A British judge on Monday rejected the US' request to extradite Assange
- District Judge Vanessa Baraitser said he was likely to kill himself if held under harsh US prison conditions; the US has said it will appeal the decision
- A DOJ spokesperson said: 'While we are extremely disappointed in the court's ultimate decision, we are gratified the US prevailed on every point of law raised'
- Actress Anderson tweeted Monday morning: 'Stay tuned, the fight is not over'
- Journalist Greenwald, who worked with Snowden, hailed it 'great news' Monday
- But he warned: 'This wasn't a victory for press freedom. Quite the contrary'
- Whistleblower Snowden - currently living in Russia after leaking U.S. surveillance secrets - called for an end to the proceedings, tweeting: 'Let this be the end of it'
The Department of Justice on Monday said it is ‘extremely disappointed’ in the UK court’s decision not to extradite Julian Assange.
A British judge on Monday rejected the United States' request to extradite the Wikileaks founder to face espionage charges, saying he was likely to kill himself if held under harsh US prison conditions. The US has said it will appeal the decision.
In a statement to ABC a spokesperson for the DOJ said: 'While we are extremely disappointed in the court's ultimate decision, we are gratified that the United States prevailed on every point of law raised.
'In particular, the court rejected all of Mr. Assange's arguments regarding political motivation, political offense, fair trial, and freedom of speech.'
Assange's friend Pamela Anderson said Monday the ‘fight is not over’, telling her followers to 'stay tuned'. The sensational ruling at the Old Bailey in London raises the prospect that the 48-year-old WikiLeaks founder could be freed this week.
Journalist Glenn Greenwald said the decision was 'not a victory for press freedom' and whistleblower Edward Snowden called for an end to the legal proceedings against the Wikileaks founder.
Actress Anderson tweeted: 'A special sunrise for my dear friend #JulianAssange - (not to be extradited) stay tuned, the fight is not over - but, a hopeful moment to breathe in- I can only imagine Julian (in court, still in that mask), taking that breath.. #humanrights #freespeech #pardonassange.'
Assange's friend Pamela Anderson said Monday the ‘fight is not over’. She is pictured taking a vegan lunch to Assange at the Ecuadorian Embassy in July 2017 in London
Anderson tweeted this Monday morning following the news that a British judge had rejected the United States' request to extradite Assange to face espionage charges
The WikiLeaks founder today (when he is pictured) won his high-profile legal battle against US officials who wanted to put him on trial for helping hack government computers and violating an espionage law by releasing confidential cables
Greenwald on Monday praised the UK's decision to not extradite Julian Assange to America - but warned: 'This wasn't a victory for press freedom.'
The reporter, who worked with Snowden, hailed the decision 'great news', but warned: 'This wasn't a victory for press freedom. Quite the contrary: the judge made clear she believed there are grounds to prosecute Assange in connection with the 2010 publication.
'It was, instead, an indictment of the insanely oppressive US prison system for security 'threats.'
Snowden - the whistleblower who worked with Wikileaks and is currently living in Russia after leaking U.S. surveillance secrets - called for an end to the proceedings, tweeting: 'Let this be the end of it.'
He had earlier thanked 'everyone who campaigned against one of the most dangerous threats to press freedom in decades'. He also shared a number of retweets about the decision.
Glenn Greenwald, left, and Edward Snowden, right, on Monday both reacted to the news that british judge HAD rejected the US' request to extradite Assange to face espionage charge
Glenn Greenwald on Monday praised the United Kingdom's decision to not extradite Julian Assange to America - but warned: 'This wasn't a victory for press freedom'
Snowden - the whistleblower who worked with Wikileaks and is currently living in Russia after leaking U.S. surveillance secrets - called for an end to the proceedings
Greenwald, part of a team that won a Pulitzer for reports about government surveillance programs based on leaks by Snowden added: 'Ultimately, though, from a humanitarian *and* a political perspective, what matters most is that Assange be freed as soon as possible.
'The US Govt doesn't care what prison he's in, or why: they just want him silenced and in a cage. He should be freed immediately.'
District Judge Vanessa Baraitser rejected allegations that Assange is being prosecuted for political reasons or would not receive a fair trial in the US.
But she said his precarious mental health would likely deteriorate further under the conditions of 'near total isolation' he would face in U.S. prison.
'I find that the mental condition of Mr. Assange is such that it would be oppressive to extradite him to the United States of America,' the judge said.
Julian Assange arrives at Westminster Magistrates Court in London in September last year
She said Assange was 'a depressed and sometimes despairing man' who had the 'intellect and determination' to circumvent any suicide prevention measures taken by American prison authorities.
Assange's lawyers said they would ask for his release from a London prison where he has been held for more than a year-and-a-half at a bail hearing on Wednesday.
Assange, who sat in the dock at London's Central Criminal Court for the ruling, wiped his brow as the decision was announced. His partner Stella Moris, with whom he has two young sons, wept.
His American lawyer, Barry Pollack, said the legal team was 'enormously gratified by the U.K. court's decision denying extradition.'
'The effort by the United States to prosecute Julian Assange and seek his extradition was ill-advised from the start,' he said. 'We hope that after consideration of the U.K. court's ruling, the United States will decide not to pursue the case further.'
Assange supporters celebrating outside the Old Bailey today after he was spared from being sent for trial in the United States
The ruling marks a dramatic moment in Assange's years-long legal battles in Britain — though likely not its final chapter.
U.S. prosecutors have indicted Assange on 17 espionage charges and one charge of computer misuse over WikiLeaks' publication of leaked military and diplomatic documents a decade ago. The charges carry a maximum sentence of 175 years in prison.
Lawyers for the 49-year-old Australian argue that he was acting as a journalist and is entitled to First Amendment protections of freedom of speech for publishing leaked documents that exposed U.S. military wrongdoing in Iraq and Afghanistan.
The judge, however, said Assange's actions, if proven, would 'amount to offenses in this jurisdiction that would not be protected by his right to freedom of speech.'
The defense also argued during a three-week hearing in the fall that extradition threatens Assange's human rights because he risks 'a grossly disproportionate sentence' and detention in 'draconian and inhumane conditions' that would exacerbate his severe depression and other mental health problems.
The judge agreed that U.S. prison conditions would be oppressive. She accepted evidence from expert witnesses that Assange had a depressive disorder and an autism spectrum disorder.
'I accept that oppression as a bar to extradition requires a high threshold. ... However, I am satisfied that, in these harsh conditions, Mr. Assange's mental health would deteriorate causing him to commit suicide with the 'single minded determination' of his autism spectrum disorder,' the judge said in her ruling.
Lawyers for the U.S. government deny that Assange is being prosecuted merely for publishing the leaked documents, saying the case 'is in large part based upon his unlawful involvement' in the theft of the diplomatic cables and military files by U.S. Army intelligence analyst Chelsea Manning.
The prosecution of Assange has been condemned by journalists and human rights groups, who say it undermines free speech around the world.
They welcomed the judge's decision, even though it was not made on free-speech grounds.
'This is a huge relief to anyone who cares about the rights of journalists,' The Freedom of the Press Foundation tweeted:
'The extradition request was not decided on press freedom grounds; rather, the judge essentially ruled the U.S. prison system was too repressive to extradite. However, the result will protect journalists everywhere.'
Assange's fiancee Stella Moris, seen outside the Old Bailey today, has said that sending her lover to the US would be an 'unthinkable travesty'
Assange's legal troubles began in 2010, when he was arrested in London at the request of Sweden, which wanted to question him about allegations of rape and sexual assault made by two women.
In 2012, to avoid being sent to Sweden, Assange sought refuge inside the Ecuadorian Embassy, where he was beyond the reach of U.K. and Swedish authorities — but also effectively a prisoner, unable to leave the tiny diplomatic mission in London's tony Knightsbridge area.
The relationship between Assange and his hosts eventually soured, and he was evicted from the embassy in April 2019. British police immediately arrested him for jumping bail in 2012.
Sweden dropped the sex crimes investigations in November 2019 because so much time had elapsed, but Assange remains in London's high-security Belmarsh Prison, brought to court in a prison van throughout his extradition hearing.
Timeline: Julian Assange's long legal battle
Assange creates Wikileaks with a group of like-minded activists and IT experts to provide a secure way for whistleblowers to leak information. He quickly becomes its figurehead and a lightning rod for criticism.
March: U.S. authorities allege Assange engaged in a conspiracy to hack a classified U.S. government computer with former Army intelligence analyst Chelsea Manning.
July: Wikileaks starts releasing tens of thousands of top secrets documents, including a video of U.S. helicopter pilots gunning down 12 civilians in Baghdad in 2007. What followed was the release of more than 90,000 classified US military files from the Afghan war and 400,000 from Iraq that included the names of informants.
August: Two Swedish women claim that they each had consensual sex with Assange in separate instances when he was on a 10-day trip to Stockholm. They allege the sex became non-consensual when Assange refused to wear a condom.
First woman claims Assange was staying at her apartment in Stockholm when he ripped off her clothes. She told police that when she realized Assange was trying to have unprotected sex with her, she demanded he use a condom. She claims he ripped the condom before having sex.
Second Swedish woman claims she had sex with Assange at her apartment in Stockholm and she made him wear a condom. She alleges that she later woke up to find Assange having unprotected sex with her.
He was questioned by police in Stockholm and denied the allegations. Assange was granted permission by Swedish authorities to fly back to the U.K.
November: A Swedish court ruled that the investigation should be reopened and Assange should be detained for questioning on suspicion of rape, sexual molestation and unlawful coercion. An international arrest warrant is issued by Swedish police through Interpol.
Wikileaks releases its cache of more than 250,000 U.S. diplomatic cables.
December: Assange presents himself to London police and appears at an extradition hearing where he is remanded in custody. Assange is granted conditional bail at the High Court in London after his supporters pay £240,000 in cash and sureties.
February: A British judge rules Assange should be extradited to Sweden but Wikileaks found vows to fight the decision.
April: A cache of classified U.S. military documents is released by Wikileaks, including intelligence assessments on nearly all of the 779 people who are detained at the Guantanamo Bay prison in Cuba.
November: Assange loses High Court appeal against the decision to extradite him.
June: Assange enters the Ecuadorian embassy in London requesting political asylum.
August: Assange is granted political asylum by Ecuador.
June: Assange tells a group of journalists he will not leave the embassy even if sex charges against him are dropped out of fear he will be extradited to the U.S.
August: Swedish prosecutors drop investigation into some of the sex allegations against Assange due to time restrictions. The investigation into suspected rape remains active.
July: Wikileaks begins leaking emails U.S. Democratic Party officials favoring Hillary Clinton.
November: Assange is questioned over the sex allegation at the Ecuadorian Embassy in the presence of Sweden's assistant prosecutor Ingrid Isgren and police inspector Cecilia Redell. The interview spans two days.
January: Barack Obama agrees to free whistleblower Chelsea Manning from prison. Her pending release prompts speculation Assange will end his self-imposed exile after Wikileaks tweeted he would agree to U.S. extradition.
April: Lenin Moreno becomes the new president of Ecuador who was known to want to improve diplomatic relations between his country and the U.S.
May: An investigation into a sex allegation against Assange is suddenly dropped by Swedish prosecutors.
January: Ecuador confirms it has granted citizenship to Assange following his request.
February: Assange is visited by Pamela Anderson and Nobel Peace Prize winner Adolfo Perez Esquivel.
March: The Ecuadorian Embassy suspends Assange's internet access because he wasn't complying with a promise he made the previous year to 'not send messages which entailed interference in relation to other states'.
August: U.S. Senate committee asks to interview Assange as part of their investigation into alleged Russian interference in the 2016 election.
September: Assange steps down as editor of WikiLeaks.
October: Assange reveals he will launch legal action against the government of Ecuador, accusing it of violating his 'fundamental rights and freedoms'.
November: U.S. Justice Department inadvertently names Assange in a court document that says he has been charged in secret.
January: Assange's lawyers say they are taking action to make President Trump's administration reveal charges 'secretly filed' against him.
April 6: WikiLeaks tweets that a high level Ecuadorian source has told them Assange will be expelled from the embassy within 'hours or days'. But a senior Ecuadorian official says no decision has been made to remove him from the London building.
April 11: Assange has his diplomatic asylum revoked by Ecuador and he is arrested by the Metropolitan Police; he is remanded in custody by a judge at Westminster Magistrates Court.
April 12: He is found guilty of breaching his bail terms.
May 1: Sentenced to 11 months in jail.
May 2: Court hearing takes place over Assange's proposed extradition to the U.S. He tells a court he does not consent to the extradition and the case is adjourned until May 30.
May 13: Swedish prosecutors reopen rape case saying they still want to question Assange.
June 3: Swedish court rules against detaining him in absentia, setting back the extradition case.
June 12 Home Secretary Sajid Javid signs an extradition request from the US.
June 13 A hearing sets out the date for Assange's full extradition hearing - February next year.
November Swedish prosecutors stop investigation into an allegation of rape against Mr Assange
November 25 - Medics say without correct medical care Assange 'could die' in Belmarsh
December 13 - Hearing in London hears he is being blocked from seeing key evidence in case
December 19 - Appears at Westminster Magistrates' Court via video-link where his lawyer claims US bid to extradite him is 'political'.
February 24 -Assange faces an extradition hearing at Woolwich Crown Court.
Assange's representatives argue he cannot legally be handed to the US for 'political offences' because of a 2003 extradition treaty.
March 2 - Assange appears by video link at Westminster Magistrates' Court, where he is refused bail amid the coronavirus crisis.
April 11 - Stella Moris, Assange's partner, who gave birth to his two children while he was living inside the Ecuadorian embassy, issues a plea for his release amid fears for his health.
June 24 - The US Department of Justice issues an updated 18-count indictment, over Assange's alleged role in 'one of the largest compromises of classified information in the history of the United States'.
August 25 - Ms Moris visits her partner in Belmarsh prison for the first time in almost six months.
September 7 - Assange's extradition hearings resume at the Old Bailey. They are expected to go on for up to four weeks.
October 1 - Judge Vanessa Baraitser adjourned the case at the Old Bailey until January 4.
January 4 - Judge Baraitser strikes down US extradition bid.
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COMPENSATORY DAMAGES IN AVIATION LITIGATION:
How to Avoid and Reduce Speculation and Faulty
Assumptions in Compensatory Damage Awards
ACI CONFERENCE PRESENTATION
JUNE 24, 2009 – Boston, MA
J. Denny Shupe1
Tracey Dolin Waldmann2
Schnader Harrison Segal & Lewis LLP
1600 Market Street, Suite 3600
Philadelphia, PA 191033
In aviation cases, much time, energy, focus and money are spent on assessing
liability and developing and challenging expert testimony on liability issues. The parties
typically engage in extensive discovery concerning the aircraft, its history and development, and
alternative theories of accident causation. There also is concerted effort to minimize or
eliminate any claim for punitive damages, where those claims are asserted. After preliminary
Mr. Shupe is a partner resident in the Philadelphia office, and national Chair of the Litigation
Department, at Schnader Harrison Segal & Lewis LLP. Mr. Shupe, formerly the Chair of
Schnader’s Aviation Group and its Products Liability Group, has been practicing in the
fields of products liability and aviation law for over twenty years. Mr. Shupe is a retired
Air Force instructor and command pilot with over 4400 hours of flight time in a variety
of jet aircraft.
Ms. Waldmann is an associate in the Litigation Department at Schnader, also resident in its
Philadelphia office, and a member of its Products Liability and Aviation Groups. Ms.
Waldmann is a former law clerk to the Honorable Noel L. Hillman, U.S. District Court
for the District of New Jersey.
Special thanks to Schnader summer associate Christopher Petillo, who assisted in the research
and preparation of this paper.
discovery of financial records and tax returns, compensatory damages often are not closely
examined until the case is nearing trial or in preparation for settlement discussions.
Too often in aviation cases, plaintiff’s assessment of damages involves a high
level of speculation which not only can inflate compensatory damages, but which also can run
afoul of standard evidentiary practice. Indeed, plaintiffs’ counsel frequently assert that allegedly
“egregious” circumstances associated with aircraft accidents, and the concern of the flying public
for aviation safety, warrant the award of heightened levels of compensatory damages, even in
the absence of circumstances meeting the requirements for award of punitive damages.
Moreover, the introduction of faulty assumptions, or “myths,” in a forensic
expert’s report or testimony also can skew a damages award upward. As discussed below, two
categories of compensatory damages where speculation or faulty assumptions can creep in and
go unchecked are in awards for pre-impact fear and post-impact pain and suffering, and in
forensic economics used to determine the decedent’s “life worth.”
II. PRE-IMPACT FEAR AND POST-IMPACT PAIN AND SUFFERING
A. Pre-Impact Fear or Suffering
Simply put, pre-impact fear and suffering is a category of damages for fear or
suffering allegedly sustained prior to the impact. This category also sometimes is referred to by
many plaintiffs’ counsel as pre-impact terror or pre-impact pain and suffering. Historically, pre-
impact damages were not recoverable due to their speculative nature. See, e.g., Dearborn
Marine Serv., Inc. v. Armstrong, 499 F.2d 263, 288 (5th Cir. 1974) (finding evidence that
decedent was alive after explosion and sought escape but that “[t]he immediacy of the
occurrence and the absence of other evidence make too speculative the finding that [decedent]
survived for a matter of minutes and made his way to the forepeak.”) (boat explosion).
However, as damages for emotional pain became more acceptable, courts have generally, though
not universally, allowed plaintiffs to recover pre-impact damages. See Haley v. Pan Am. World
Airways, Inc., 746 F.2d 311, 317-18 (5th Cir. 1984) (applying Louisiana law to airplane crash;
holding pre-impact terror recoverable where only indicia of fear based on simulation of crash); In
re Jacoby Airplane Crash Litigation, 2006 U.S. Dist. LEXIS 87816, *21 (D. N.J. 2006) (finding
New Jersey law would permit plaintiff to present a claim for pre-impact fright even if decedent
did not suffer bodily harm prior to the impact); Platt v. McDonnell Douglas Corp., 554 F. Supp.
360, 363-64 (E.D. Mich. 1983) (holding that the Michigan Wrongful Death Act allows recovery
for a deceased airline passenger's pre-impact fright and terror, because the MWDA allowance for
pain and suffering in airplane accidents includes mental suffering, anxiety, suspense and fright in
the form of pre-impact fright and shock); Yowell v. Piper Aircraft Corp., 703 S.W.2d 630, 634
(Tex. 1986) (finding Texas law allows recovery for pre-impact terror).
Although most jurisdictions do recognize claims for pre-impact suffering or fear,
there is concern about their speculative nature in awarding such damages. In Solomon v.
Warren, 540 F.2d 777, 792-93 (5th Cir. 1976) (applying Florida law in airline crash), the court
held that a Florida survival statute authorized pre-impact pain and suffering damages based upon
the trial court’s finding that:
[I]t was ‘convinced that both of the deceased knew of the
impending crash landing at sea, knew of the immediate dangers
involved and are certain to have experienced the most excruciating
type of pain and suffering (the knowledge that one is about to die,
leaving three cherished children alone).’
Id. at 792.
However, it is the dissent by Justice Gee in Solomon that often is cited by some
skeptical courts regarding speculation in awarding such damages:
The airplane crash and the [decedents’] resulting deaths were not
the “but for” cause of whatever anxiety they may have suffered
prior to their deaths. Their prior fears would not have been
diminished had the plane leveled off at the last moment and
avoided disaster altogether. This is because the [decedents’]
anxiety for their own safety and their children’s future well being
was caused by the anticipation of death, not by the actual crash that
presumably killed them. It is not enough that some impact
accompany the mental suffering; the impact must cause the fears if
they are to be compensable. Only then can courts measure mental
duress by some means other than sheer speculation.
Id. at 797.
Some jurisdictions require manifestation of bodily injury for recovery of pre-
impact fear as a method of addressing the inherent speculation in awarding such damages. For
example, under Illinois law, actionable mental anguish must be caused by bodily injury. In re
Air Crash Disaster Near Chicago, Illinois on May 25, 1979, 507 F. Supp. 21, 23 (N.D. Ill. 1980)
(finding pre-impact fright or terror to be non-actionable under Illinois law); see also Fogarty v.
Campbell 66 Express Inc., 640 F. Supp. 953, 957 (D. Kan. 1986) (finding Kansas law would
refuse recovery for negligently induced, pre-impact emotional distress not itself resulting in
physical injury from car accident); Restatement (Second) of Torts, § 436A (“If the actor’s
conduct is negligent as creating an unreasonable risk of causing either bodily harm or emotional
disturbance to another, and it results in such emotional disturbance alone, without bodily harm or
other compensable damage, the actor is not liable for such emotional disturbance.”).
The Warsaw and Montreal Conventions (“Conventions”) also do not permit
recovery for solely emotional injuries. In Eastern Airlines, Inc. v. Floyd, 499 U.S. 530, 552
(1991), the Supreme Court held that plaintiffs may not recover for pure emotional injuries under
Article 17 of the Warsaw Convention. Id. (stating, “[w]e conclude that an air carrier cannot be
held liable under Article 17 when an accident has not caused a passenger to suffer death,
physical injury, or physical manifestation of injury”); see also Booker v. BWIA West Indies
Airways Ltd., 2007 WL 1351927, at *13 (E.D.N.Y. May 8, 2007) (holding that plaintiff could
not recover for emotional injuries caused by the delay of baggage); Bobian v. CSA Czech
Airlines, 232 F. Supp. 2d 319 (D.N.J. 2002) (rejecting argument that post traumatic stress
disorder (PTSD) or exposure to G-forces constituted a bodily injury under Convention).
What was left undecided after the decision in Floyd was whether recovery was
permitted for claims involving emotional injury accompanied by physical injury. Generally,
courts permit recovery for emotional injury under the Conventions if it was proximately caused
by physical injury that occurred during the flight. See Kruger v. United Air Lines, Inc., 481 F.
Supp. 2d 1005, 1009 (N.D. Cal. 2007) (finding bodily injury sufficiently alleged and ruling
plaintiff may recover for emotional distress experienced during the flight that arose out of her
injuries); see also John F. Easton, Jennifer E. Trock, Kent A. Radford, Post Traumatic "Lesion
Corporelle": A Continuum Of Bodily Injury Under The Warsaw Convention, 68 J. Air L. &
Com. 665, 697 (2003) (“... courts generally agree that emotional injury is compensable [under
the Conventions] if it proximately flows from a physical injury.”) If, however, it can be shown
that the mental injuries accompany, but are not proximately caused by, a bodily injury, then it is
unlikely that the air carrier will be liable under the Conventions. Ehrlich v. American Airlines,
360 F.3d 366, 368 (2d Cir. 2004) (where plaintiffs suffered from a fear of flying and sleep
deprivation after the accident, air carrier was not liable under Warsaw Convention on ground that
mental injuries that accompany, but are not caused by, bodily injuries are not recoverable).
Most jurisdictions will allow some form of recovery for pre-impact fear or
suffering, although some require the plaintiff to show that she suffered from a physical injury as
well. If a plaintiff alleges pre-impact fear, terror or suffering, it must be determined what
amount of proof must be shown within that jurisdiction.
B. Post-Impact Pain and Suffering
As the name suggests, post-impact pain and suffering refers to pain and suffering
that occurs after the impact or injury. Courts allow recovery for post-impact pain and suffering
where the victim is conscious after the injury-causing event. See, e.g., Zicherman v. Korean
Airlines Co., 43 F.3d 18, 23 (2d Cir. 1994) (allowing pain and suffering damages where
circumstantial evidence suggested that injured party survived up to twelve minutes after impact).
The key issue is that plaintiff must present evidence that the victim was conscious after the
accident. See Nichols v. Marshall, 486 F.2d 791, 793 (10th Cir. 1973) (requiring pain and
suffering to be “realized” by injured party before it is compensable). Such evidence might
include accounts by eyewitnesses or health care personnel witnessing bodily movement or
sounds from the plaintiff or decedent.
As with pre-impact pain and suffering, a plaintiff may try to rely on speculation
rather than direct evidence to support this claim. In wrongful death cases, a plaintiff may not
have direct evidence and, therefore, may need to rely on expert opinion that the victim likely
remained conscious for a certain amount of time based on injuries suffered, toxicology
(indicating some period of conscious survival before death), the manner in which the aircraft
crashed, and the time it took for medical assistance to be administered.
If plaintiff claims post-impact pain and suffering, the focus should be on whether
there is conclusive evidence of consciousness of the decedent. Even if the decedent exhibited
vital signs, he nonetheless may have been unconscious for all or part of the time after impact. If
so, the period of unconsciousness generally is not compensable for post-impact pain and
suffering. See id.
C. Bifurcation of Pre- and Post-Impact Damages
In jurisdictions where pre-impact and post-impact claims are recognized, the
plaintiff may request a separate damage award for each. In Malacynski v. McDonnell Douglas
Corp., 565 F. Supp. 105, 106 (S.D.N.Y. 1983), the court found that New York law recognized a
claim for pre-impact fear and rejected defendant’s argument that the pre-impact claims should be
merged into the main action for wrongful death. The court denied summary judgment on the
pre-impact claim on the ground that plaintiff indicated that he intended to produce the testimony
of an eyewitness to the crash, NTSB public documents, and decedent’s “seat assignment in the
aircraft.” Id. at 107. The court agreed that the evidence could support an inference that the
decedent knew she was in immediate danger of injury when the aircraft turned nose-up and
rolled over due to the loss of engine power. Id.
The court also held that in wrongful death actions, post-impact conscious pain and
suffering is a separate and independent claim. Id. at 106 (stating that New York law provides for
recovery on both claims and that plaintiff is entitled to an opportunity to establish his case as to
each); see also In re Air Crash Disaster Near New Orleans, La., 789 F.2d 1092 (5th Cir. 1986),
aff’d, 821 F.2d 1147 (5th Cir. 1987) (en banc) (upholding bifurcated verdict awarding separate
damages for pre- and post-impact pain and suffering), reversed on other grounds, 883 F.2d 17,
17-18 (5th Cir. 1989) (limiting damage awards under Warsaw Convention).
The significance of having separate damage awards for pre-impact and post-
impact suffering is twofold: (1) it can increase the amount of compensatory damages; and (2) by
increasing compensatory damages, it can increase the amount of punitive damages, as a ratio to
the compensatory damage award. Objectively, any alleged pain and suffering associated with
the accident need not be broken up into two tort claims; it can be viewed as one event. The
bifurcation of the tort claims, however, allows the plaintiff to interject speculation (often through
its expert) and artificially inflate the amount of compensatory damages. It also permits the
plaintiff to seek damages for pre-impact suffering when post-impact damages are not recoverable
because the evidence shows that the decedent died upon impact.
As noted above, one reason plaintiffs may seek to inflate the amount of
compensatory damages awarded through pre- and post-impact damages is to increase the amount
of a potential punitive damages award. In State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S.
408 (2003), the court held that any ratio between the compensatory verdict and the punitive
verdict less than a single digit multiple is acceptable. Thus, the higher the compensatory damage
award, the more punitive damages can be sought as a ratio to the compensatory verdict.4
This tactic could backfire, however, if the compensatory award is substantial. In
that case, defense counsel could argue a qualification provided by the court in State Farm that
“[w]hen compensatory damages are substantial, then a lesser ratio, perhaps only equal to
A more comprehensive discussion of the law related to the permissible ratio of punitive
damages awarded to compensatory damages will be presented at this conference by William L.
Waudby in his presentation and paper entitled “Punitive Damages In Aviation Litigation:
Availability, Constitutionality & The Future.”
compensatory damages, can reach the outermost limit of the due process guarantee.” Id. at 425
(finding that significantly large punitive damage awards can violate due process); see also Exxon
Shipping Co. v. Baker, 128 S. Ct. 2605, 2634, 171 L. Ed. 2d 570, 599 (2008) (finding punitive-
to-compensatory ratio of 1:1 to yield maximum punitive damages in maritime case).
D. Per Diem Compensation for Pain and Suffering
Another method of inducing a jury to award a large amount for future pain and
suffering that can involve speculation is the “per diem” or “formula” argument sometimes
offered by plaintiff’s counsel in closing argument. See Kevin W. Murphy, Closing Argument:
Addressing Damages in Aviation Wrongful Death Cases, 73 JOURNAL OF AIR LAW AND
COMMERCE 3, 464 (2008); Joseph H. King, Jr., Counting Angels and Weighing Anchors: Per
Diem Arguments for Noneconomic Personal Injury Tort Damages, 71 TENN. L. REV. 1 (2003-
2004) (“Use of per diem arguments has been a significant factor contributing to the increase in
damages for pain and suffering in modern tort law.”). A per diem argument “is made when the
plaintiff requests a lump sum amount for future pain and suffering damages,” then divides that
amount by the number of time units, such as per day, expected in a plaintiff’s life resulting in a
price of pain per unit. Id. For example, “is fifty cents an hour too high for what the victim
Not all courts will entertain this kind of speculation. Many jurisdictions reject the
use of a per diem argument on the grounds that it is speculative, it is not supported by the
evidence, and/or it encroaches upon the role of the jury. See, e.g., Moorehead v. State Farm Fire
& Cas. Co., 123 F.Supp.2d 1004, 1007 (W.D. Va. 2000) (rejecting counsel’s use of a per diem
formula for emotional damages); Botta v. Brunner, 138 A.2d 713 (N.J. 1958) (refusing to permit
use of the per diem formula because of its speculative nature and because it invaded jury’s role).
In Caley v. Manicke, 182 N.E.2d 206, 208 (Ill. 1962), the Illinois Supreme Court prohibited the
use of a per diem argument because the jury would “be better able to determine reasonable
compensation than it would if it were subjected to expressions of counsels’ partisan conscience
and judgment on the matter.” But see Allred v. Chittenden Pool Supply, Inc., 298 So.2d 361, 365
(Fla. 1974) (court thought introduction by plaintiff’s counsel of a formula for calculating
damages for pain and suffering might be of use to a jury).
In aviation cases, one of the difficulties in mounting a defense to claims of pain
and suffering is that the accidents frequently involve gruesome facts as to the manner of injuries
and the erratic or harrowing performance of the aircraft before the crash. Also, to many jurors,
the idea of an aircraft accident seems “scarier” than death or injury in other types of personal
injury cases such as a car accident. Plaintiff attorneys are well aware of this phenomenon and
often will seek to use the per diem approach to speculate as to a dollar amount for damages that
will compensate the victim for what she may have experienced during those last minutes or
seconds before or after the plane crashed. Given the potential for speculation, use of a per diem
formula should be objected to on that ground, as well as the ground that it is not supported by the
evidence. It also logically seeks to assume a duty that is well within the normal province of
jurors to assess, as jurors are well-equipped to identify a dollar amount for pain and suffering
without the use of speculative formulas.
III. FORENSIC ECONOMICS
Another area of compensatory damages where speculation and faulty assumptions
can and often do creep in is plaintiff’s forensic economics expert’s report and testimony.
Forensic economics has been defined as “the application of economic theories and methods to
matters of the court.” John E. Scarbrough, Ph.D., Daubert Challenges to the “Forensic
Economist,” at 2 (unpublished paper, presented at 41st Annual SMU Air Law Symposium in
February of 2007, on file with author). Forensic economics is used to assess a person’s earnings
in his or her lifetime. The use of forensic economics in the courtroom, however, has been called
into question because it can involve certain assumptions or “myths” that go unchallenged and
can result in a skewed, i.e., inflated, result. Id. The myths perpetuate not because forensic
economics is beyond the understanding of lawyers and judges, but often because they think they
understand the theories sufficiently when in reality they only know a great deal about the
“mythology of damages” and “courtroom economics.” Id.
A. The Top Ten Myths of Forensic Economics
Although there can be many myths or assumptions regarding the application of
forensic economics, some of the most common are summarized below as the “Top Ten.”5
1. MYTH: Earnings increase at a constant rate. This first myth involves
a faulty approach followed in analysis presented by some forensic economists. The assumption
is that everyone’s earnings grow at the same rate, independent of age and experience. In the real
world, however, an employee’s experience matters. An employee with experience usually has a
higher earning capacity than an employee with less or no experience. For example, an entry
level employee in 2008 who receives a 3% raise in her second year will make more in 2009 than
the entry level employee in 2009. If, however, you apply the myth that earnings increase at a
See Litigation Analytics, Top Ten Myths of Forensic Economics, available at:
http://www.litigationanalytics.com/myths.html (as of 6/1/09)
constant rate, then experience is ignored and both employees earn the same in 2009. This is not
how it works in the real world and not how it is applied in the field of general economics.
2. MYTH: Earnings rise at a constant rate relative to the discount rate.
Sometimes referred to as the “stepchild” to the myth of constant earnings rate, the discount rate,
or net discount rate (discount rate net of earnings growth), is faulty for the same reason as the
constant earnings myth. The net discount rate is used to estimate the present value of earnings
but is based on the idea that earnings increase at a constant rate.
3. MYTH: Consumption is a percentage of the decedent’s earnings.
This myth assumes that only the individual who earns the income partakes in the consumption of
the income, thereby ignoring the consumption of income by the spouse and any dependents.
Also, if consumption is only subtracted from the decedent’s earnings income, then consumption
would cease to be deducted once the individual retires.
4. MYTH: The value of fringe benefits is their cost to the employer. If
the value of fringe benefits is calculated solely on the basis of what it cost the employer to
provide, the value becomes overinflated. Certain benefits such as social security benefits are
paid by both the employer and employee.
5. MYTH: The value of household services is the replacement cost of
time spent. It is not only the time that the decedent spent on providing household services that
should be considered, but the value of those services to the plaintiff. Also taken into account
should be those services that others provided to the decedent that no longer have to be provided.
6. MYTH: Present value/discount rate is either historical or present
Treasury Note rate. An investor would not rely on an historical average of short-term notes for
long-term investing and neither should a forensic economist rely on a historical or present short
term rate to measure a future stream of damages. Other interest rates such as a portfolio of U.S.
Treasury securities or AAA-rated municipal bonds are better indicators.
7. MYTH: Inflation of medical-related goods and services in life care
plans mirror historical medical inflation. If inflation is measured using changes in the
medical components of the Consumer Price Index (CPI), question whether there is an upward
bias of the medical CPI. Also find out what medical components are included in the calculation
as some are unrelated to typical life care.
8. MYTH: Future inflation and future productivity mirror history.
Inflation estimates that are based on historical averages are not appropriate indicators for
projecting future inflation. Also, be wary of a method that relies on a simple average or one
person’s opinion. Rather, determine the rate for long-term inflation provided by The Livingston
“The Livingston Survey was started in 1946 by the late columnist Joseph Livingston. It is the
oldest continuous survey of economists' expectations. It summarizes the forecasts of
economists from industry, government, banking, and academia. The Federal Reserve Bank of
Philadelphia took responsibility for the survey in 1990.” See http://www.phil.frb.org/research-
and-data/real-time-center/livingston-survey/ (as of 6/11/09). Other suggested resources are
the President’s Council of Economic Advisors, see
http://www.whitehouse.gov/administration/eop/cea/economic-indicators/, or the relationship
between indexed and non-indexed Treasury bonds.
9. MYTH: Forensic economics is a field or branch of economics. The
idea that forensic economics is only applied in a court of law, with its own set of methods, is
inaccurate. There is no such thing as “courtroom economics.”
10. MYTH: The relevant scientific community is that of “forensic
economics.” This myth is closely tied to myth #9. Just as there is no separate branch for
“courtroom economics,” forensic economics, like any other “forensic” discipline, must adhere to
the basic principles and methods of the discipline, here, economics. To the extent that it does not
adhere to basic economics, it is faulty.
Overall, the fundamental concern with perpetuating such myths is that basic
economic theory too often is not being applied in the courtroom. Rather, a courtroom brand of
“forensic economics” too often has been accepted and gone unchecked, resulting in speculation
rather than economic theory being applied. How does a practitioner challenge such “courtroom
economics”? As with any challenge to an expert’s credentials or applied reasoning, the proper
procedure is to request a Daubert hearing.
B. Daubert Challenges to “Courtroom Economics”
Most lawyers and judges are very familiar with the Supreme Court’s decisions in
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Kumho Tire v.
Carmichael, 526 U.S. 137 (1999), which explained the standard for expert testimony proffered in
federal courts (and now widely adopted by state courts as well). That standard is applied under
Federal Rule of Evidence 702 pertaining to testimony by experts, which provides as follows:
If scientific, technical, or other specialized knowledge will assist
the trier of fact to understand the evidence or to determine a fact in
issue, a witness qualified as an expert by knowledge, skill,
experience, training, or education, may testify thereto in the form
of an opinion or otherwise, if (1) the testimony is based upon
sufficient facts or data, (2) the testimony is the product of reliable
principles and methods, and (3) the witness has applied the
principles and methods reliably to the facts of the case.
In a Daubert challenge, the court assumes the role of “gatekeeper” to ensure that
the expert is proposing to testify to scientific knowledge that will assist the trier of fact to
understand or determine a fact in issue. The four factors courts consider are: (1) whether the
theory or technique can be and has been tested; (2) whether the theory or technique has been
subjected to peer review and publication; (3) the known or potential rate of error; and (4) the
general acceptance of the theory in the scientific community. Daubert, 509 U.S. at 593.
Other courts have developed tests to determine whether expert testimony should
be admitted under Daubert. For example, in Rink v. Cheminova, Inc., 400 F.3d 1286 (11th Cir.
2005), the Eleventh Circuit established a three-part test to determine whether expert testimony
should be admitted under Daubert, requiring the following elements all to be established: (1) the
expert is qualified to testify competently regarding the matters he intends to address; (2) the
methodology by which the expert reaches conclusions is sufficiently reliable as determined by
the sort of inquiry mandated in Daubert; and (3) the testimony assists the trier of fact, through
the application of scientific, technical, or specialized expertise, to understand the evidence or to
determine a fact in issue. 400 F.3d at 1291-92.
Moreover, even if a witness is qualified as an expert regarding a particular issue,
the process used by the witness in forming his expert opinion must be sufficiently reliable under
Daubert and its progeny. See, e.g., Quiet Tech. DC-8, Inc. v. Hurel-Dubois UK Ltd., 326 F.3d
1333, 1342 (11th Cir. 2003) (stating that “one may be considered an expert but still offer
unreliable testimony”). The “objective of Daubert’s gatekeeping requirement is to ensure the
reliability and relevancy of expert testimony. It is to make certain that an expert … employs in
the courtroom the same level of intellectual rigor that characterizes the practice of an expert in
the relevant field.” Kumho Tire, 526 U.S. at 152.
In the context of testimony by a highly qualified forensic economist, it still will be
necessary to ensure that the expert’s testimony does not violate the principles discussed above so
that the expert “employs in the courtroom the same level of intellectual rigor that characterizes
the practice” of an economist. Although the standards and factors considered in a Daubert
hearing to scrutinize the admissibility of this testimony are well known, whether and when to
request such a hearing can be a more complicated strategic question. Some thoughts on this
strategic decisionmaking and timing follow.
2. Whether and When to Request a Daubert Hearing, and
What to Challenge
A threshold issue for counsel commonly is whether and when to mount a Daubert
challenge. One strategic option is to forego a Daubert challenge, and instead to rely upon
aggressive cross examination of the plaintiff’s expert (paired frequently with presentation of your
own defense economics expert). While the technical economics issues to be addressed in such a
Daubert motion also can be raised on cross examination, there is a substantial practical trial risk
that the jury will not be able to follow the nuances of the cross examination. Moreover, a very
aggressive and extended cross examination on the “myths” discussed above, and possible
presentation of an alternative defense economics expert to address the “myths,” also risks placing
more emphasis on economic damages issues than you, as trial counsel, may desire for strategic
case presentation reasons. This is a decision that must be carefully weighed and decided by the
If the decision is made to pursue a Daubert motion where the forensic expert’s
report and anticipated testimony rely upon certain common economic myths, then a hearing
might be warranted following the expert’s deposition or issuance of the expert’s report. For
example, if opposing counsel’s expert relies on historical data or averages to forecast inflation, it
seems wise to request a Daubert hearing challenging whether the expert’s reliance on historical
averages – something not generally used in mainstream economics for forecasting – renders her
opinion inadmissible. To ensure the opportunity to have a comprehensive Daubert hearing
before the Court that is not unduly pressured by normal pre-trial and trial dynamics and
competing priorities, you should strongly consider filing your Daubert motion as soon as
practical after issuance of the expert’s report (or delaying the filing until shortly after the expert’s
deposition, if your jurisdiction permits expert depositions).
Another area in which forensic experts have offered questionable opinions, and
where a Daubert hearing can be a useful tool, is if the forensic expert provides a dollar amount
for hedonic damages, or damages for the “loss of enjoyment of life” in wrongful death cases. In
Ayers v. Robinson, 877 F. Supp. 1049 (N.D. Ill. 1995), defense counsel sought to exclude the
plaintiff’s expert’s opinion on hedonic damages. The court applied each Daubert factor and
found that the variance in the results made it too imprecise and speculative, and held that the
techniques used to evaluate a person’s life were not scientific. Id.
In some jurisdictions, a Daubert challenge may not be necessary if the court has
ruled that hedonic damages are not recognized. In Brown v. Seebach, 763 F. Supp. 574, 583
(S.D. Fla. 1991), the District Court ruled that in a wrongful death case, there was no cause of
action for hedonic damages in Florida. Likewise, in Brereton v. United States, 973 F. Supp. 752,
756 (E.D. Mich. 1997), the District Court held that hedonic damages were not recoverable in a
wrongful death case. In cases where the injuries were not fatal, however, courts may permit such
damages. Id. (finding that hedonic damages are applicable for living or permanently injured
persons). If so, then a Daubert hearing may be useful to challenge the expert’s methods used at
arriving at a dollar amount of loss.
Keep in mind that a claim for hedonic damages may also be another tactic for
increasing the compensatory damage award. It should be questioned whether (1) hedonic
damages are permitted in the jurisdiction; and (2) if so, whether it is appropriate to assert them as
a separate damages category independent from claims of pain and suffering.
3. Practical Tips
If a Daubert hearing is warranted, some basic areas that also are ripe for inquiry
are the forensic expert’s calculations for earnings and what journals he relied upon.
a) Earnings Calculations
The earnings calculation is important in determining compensatory damages since
a person’s “life worth” often boils down to how much she earns. As explained above, it is a
common assumption made by many forensic economists that everyone’s earnings grow at the
same rate, independent of age and experience. As we know, in the real world, an employee’s age
and experience matters. Therefore, what method should be used to calculate an individual’s
The generally accepted method for projecting an individual’s future earnings is
the “human capital earnings function.” See Scarborough, Daubert Challenges to the “Forensic
Economist,” at 18. The human capital earnings function assumes that an individual’s earnings
generally rise at a declining rate as he or she ages and gains experience. Id. It takes into account
an individual’s age, education, experience, occupation and job tenure. For example, an
individual first obtains an education and then begins her employment with little experience. She
gains working experience and knowledge during the early years of employment. Those gains
start to diminish as she continues to work because there is less experience and knowledge to be
gained, resulting in a declining return. Thus, the height of one’s earnings may come somewhat
earlier in the working life of an individual and flatten out, or even decline, in later years.
Therefore, a forensic economist who assumes that earnings increase at a constant
rate ignores the reality of the human capital earnings function, and ignores the data relied upon
by economists in the field.
b) Journals Relied Upon
Another practical tip that can be used to cross-examine opposing counsel’s
forensic expert, either during a Daubert hearing or during trial, is to inquire about what journals
he relied upon. If the answer is the JOURNAL OF FORENSIC ECONOMICS or the JOURNAL OF LEGAL
ECONOMICS, find out whether those journals are accepted in the general field of economics, and
whether the author of a specific article or publication is an economist. If the journal or article
relied upon was written by someone who calculates damages for the purpose of providing
testimony in personal injury cases, rather than an economist, for example, then the forensic
expert’s report is ripe for a Daubert challenge.
If the defense has retained a rebuttal economic expert, it would be prudent to
understand what journals, texts, or periodicals she relies upon. For example, the JOURNAL OF
LABOR ECONOMICS is generally thought to be one of the most important labor economics
journals. See Scarborough, supra, at 25.
It is not unusual for defense counsel to spend much of their resources and pre-trial
focus on the liability portion of the case and not enough on the damages portion. Compensatory
damages often are considered late in the litigation and too often, speculation or incorrect
assumptions made by plaintiff’s forensic expert are accepted by counsel and the courts without
rigorous challenge. It is important to question the methods used and the assumptions made so
that speculation is not permitted to inflate compensatory damages. Of course, be sure to check
the law of the jurisdiction to determine what categories of damages are recognized. For those
types of damages that are recoverable, closely scrutinize opposing counsel’s forensic expert
report for any assumptions or myths, and explore these myths and assumptions in detail at the
expert’s deposition or on the stand at a hearing or at trial. If the report and testimony are not in
keeping with basic economic principles, then move aggressively to exclude the offending
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submitted: September 29, 1987.
COMMONWEALTH OF PENNSYLVANIA
JOSEPH FLIS, APPELLANT
Appeal from the Judgment of Sentence February 20, 1987 in the Court of Common Pleas of Allegheny County, Criminal No. 8608348A.
David S. Shrager, Pittsburgh, for appellant.
Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Com., appellee.
Cirillo, President Judge, and Johnson and Montgomery, JJ.
[ 369 Pa. Super. Page 277]
This is an appeal from a judgment of sentence entered in the Court of Common Pleas of Allegheny County. We affirm.
Appellant, Joseph Flis, was charged with a single count of arson under 18 Pa.C.S. § 3301(a)(1)(i) for allegedly starting a fire on the porch at 508 McClintock Street, Pittsburgh. In so doing, appellant recklessly placed Laura Flis, his sister, in danger of death or bodily injury. On December
[ 369 Pa. Super. Page 27810]
, 1986, appellant proceeded to trial before a jury with the Honorable Robert E. Dauer presiding.
The victim, Laura Flis, testified as to the events she perceived on the night of the alleged arson. She stated that she was looking out the window of her sister's house where she was living at the time, waiting for the arrival of her boyfriend. At about 12:30 a.m., Laura heard rustling noises outside. She looked out the window and saw a shadow. She testified that a person then walked towards the fence from the neighboring yard in a hunched-over manner. At that point she saw the person jump over the fence and approach the side of the house. When the individual entered upon the area of the yard illuminated by the house light, Laura recognized him as her brother. She then saw her brother toss a lighted match onto a sheet on the porch causing the sheet to go up in flames.
In his defense, appellant testified that he had been at home at 541 Ridgewood Street with his father, Adolf Flis, at the time of the arson. Adolf Flis testified likewise.
Five weeks before the arson, the appellant had been stabbed by his sister, Laura Flis, at 541 Ridgewood Street where she had resided at the time. Based on this stabbing, the appellant filed aggravated assault charges against his sister. A preliminary hearing was scheduled for two days after the arson. At the appellant's trial, Laura Flis and the appellant gave varying accounts of how the stabbing occurred. Buttressing his defense, the appellant contended that Laura Flis's identification of him as the perpetrator of the arson was an attempt to get even with the appellant for filing aggravated assault charges against her. In addition, appellant testified that because of his stab wound, he was physically unable to hunch over and walk or jump a fence as Laura Flis testified she saw the individual who set the fire do.
The jury found Joseph Flis guilty of the arson charge. A post-verdict motion for new trial was filed and denied. Subsequently, appellant was sentenced to a term of imprisonment
[ 369 Pa. Super. Page 279]
of not less than five nor more than ten years. This appeal followed.
Appellant presents three issues for our review: (1) whether the trial court erred in refusing to allow relevant and material testimony from Adolf Flis pertaining to the victim's motive for falsely accusing the appellant; (2) whether trial counsel was ineffective in three aspects, namely: (a) in failing to call known medical witnesses on behalf of the appellant to establish his physical abilities at the time of the alleged arson; (b) in failing to object to the introduction of prior criminal conduct or in the alternative in failing to file a motion to restrict the use of such testimony; and (c) in failing to object to questions by the prosecutor pertaining to a matter that the trial court had ruled was immaterial and irrelevant; and (3) whether the trial court erred by admitting opinion testimony regarding appellant's drug addiction and intoxication.
The appellant's first issue pertains to the court's refusal to allow his trial counsel to question his father, Adolf Flis, about the stabbing incident. In an oral pre-trial motion, the Commonwealth moved to exclude all references to the stabbing incident. The motion was denied. At trial, Laura Flis testified to her version of the stabbing. She explained that on several occasions her brother, the appellant, had threatened her with bodily harm and threatened to have sex with her. To prevent the appellant from entering her room, she installed a lock outside her door and a latch inside. On the day of the stabbing incident, June 7, she was in her room talking on the phone to a friend when the appellant started yelling and shouting obscenities at her. Subsequently, according to Laura, he locked her in her room from the outside. She asked her friend on the phone to call her boyfriend to come over and help her. When Laura's boyfriend and her father arrived at the house, the appellant unlocked Laura's door, but threatened to stab and push her down the stairs if she attempted to leave the room. Laura emerged from the room holding a steak knife for protection, screaming at her brother. When he turned around, she saw
[ 369 Pa. Super. Page 280]
something shiny in his hand and thinking it was a knife, stabbed him.
The appellant, in turn, testified that the incident was unprovoked. He stated that his sister had had a complete change in attitude in the weeks preceding the incident. She neglected her appearance, and ignored anyone who said anything to her in the house. He further recounted that on the day of the stabbing, he had merely informed his sister that her boyfriend had arrived and that if she wanted to see him she should go outside. In response to this notice, the appellant testified, Laura Flis emerged from her room yelling about people telling her what to do and then when he turned to enter his room, she stabbed him.
On direct examination of Adolf Flis, the appellant's trial counsel attempted to question him about his recollection of the stabbing incident. The Commonwealth objected to the questioning on the ground that any further testimony on the stabbing incident would be irrelevant. In response, the appellant's trial counsel argued that because of the discrepancies in the stories regarding the stabbing, the testimony of the father, Adolf Flis, would go to the issue of credibility, a key issue in the case. However, the appellant's trial counsel failed to present an offer of proof as to what Mr. Flis's version of the stabbing incident would reveal. Subsequently, the trial court agreed with the appellee that the testimony would be irrelevant and sustained the Commonwealth's objection. In ruling on this issue in response to the appellant's post-trial motion, the trial court concluded that Adolf Flis's testimony concerning the stabbing incident was extrinsic evidence which would have been collateral and irrelevant under the circumstances.
It is well-established law in this Commonwealth that rulings on the relevancy of evidence are controlled by the discretion of the trial court and will only be reversed by an appellate court for abuse of that discretion. Burch v. Sears, Roebuck and Co., 320 Pa. Super. 444, 445, 467 A.2d 615, 621 (1983). In Commonwealth v. Stewart, 461 Pa. 274, 336 A.2d 282 (1975), the court articulated a two-step
[ 369 Pa. Super. Page 281]
analysis required for determining the relevancy of evidence offered at trial: first, it must be determined if the inference sought to be raised by the evidence bears upon a matter at issue in the case, and second, the court must decide whether the evidence renders the desired inference more probable than it would be without the evidence. Id., 461 Pa. at 278, 336 A.2d at 284.
The appellant contends that Adolf Flis's testimony regarding the stabbing would have served to demonstrate a motive for Laura Flis's accusation of arson against the appellant and to impeach her credibility. The question of whether Laura Flis's identification of the appellant as the arsonist was motivated by feelings of ill will caused by the stabbing incident certainly bears upon the critical issue in this case -- the appellant's guilt or innocence. Thus, the stabbing incident is an important matter here, and testimony pertaining to it is relevant. Moreover, if Laura Flis's credibility could be shaken by the corroboration of the appellant's account of the stabbing and the contradiction of hers, the appellant's case would undoubtedly be strengthened. Her testimony must be perceived as credible to find the appellant guilty of the arson charge.
However, the second step of the relevancy analysis requires a determination that the evidence renders the desired inference more probable than it would without the evidence. Since Adolf Flis did not testify regarding the stabbing and since appellant's trial counsel did not present an offer of proof, it is difficult to surmise whether his testimony would have completely corroborated either the appellant's or Laura Flis's version of the incident, corroborated part of one version and part of the other, or merely complicated matters by introducing a completely new version of the details of the incident. Appellee contends the few remarks Adolf Flis did make regarding the incident suggest his testimony would not have corroborated appellant's version of the story. When asked if he heard his son describe the stabbing incident during the trial, Adolf Flis stated, "Yes, but it wasn't like that all the way through the story." This
[ 369 Pa. Super. Page 282]
statement by Adolf Flis does seem to indicate that his testimony would not have completely corroborated either version of the incident that was presented at the trial. If so, it would have done little to shake Laura Flis's credibility in relation to the appellant's, or to bolster the probability that Laura Flis's identification of the accused as the arsonist was prompted by ill will. Moreover, since the testimony of the appellant as well as of Laura Flis revealed that she stabbed the appellant, that assault charges were filed against her for the incident, and that a preliminary hearing on the charges was scheduled for two days after the day of the arson, evidence necessary to support an inference of ill will on Laura Flis's part in identifying the appellant was heard by the jury despite the exclusion of Adolf Flis's testimony on the stabbing. Thus, given the questionable ability of Adolf Flis's testimony to aid the appellant's case, the discretion of the trial court must remain controlling in this case.
The appellant next raises three claims of ineffectiveness of counsel. The courts of this Commonwealth measure claims of ineffectiveness by first determining whether the issue underlying the charge of ineffectiveness is of arguable merit. If the underlying issue is found to be of arguable merit, we must then determine whether the course chosen by counsel had some reasonable basis designed to effectuate his client's interests. Commonwealth v. Pierce, 515 Pa. 153, 158-159, 527 A.2d 973, 975 (1987) (citations omitted). In addition to these two determinations which must be resolved in the appellant's favor, the appellant must demonstrate that counsel's ineffectiveness caused him prejudice and affected the outcome of the trial. Id; Commonwealth v. Buehl, 510 Pa. 363, 378, 508 A.2d 1167, 1174 (1986).
With this analysis in mind, we proceed to examine the appellant's first claim of ineffectiveness of counsel, namely that his trial counsel was ineffective in failing to call known medical witnesses on behalf of the appellant to
[ 369 Pa. Super. Page 283]
establish his physical inabilities at the time of the alleged arson.
The appellant argues that since his testimony revealed that his stab wound made it physically impossible for him to hunch over and walk or to jump a fence, the same acts Laura Flis stated the arsonist performed, testimony of the appellant's attending physician and nurses would have been extremely probative in establishing and bolstering the appellant's credibility. While this argument is correct, the appellant has not met his burden of offering a positive demonstration or offering to prove at an appropriate hearing that these witnesses' testimony would have actually been helpful to the defense by confirming the appellant's statements regarding his physical capabilities at the time of the arson. Commonwealth v. Pettus, 492 Pa. 558, 563, 424 A.2d 1332, 1335 (1981); Commonwealth v. Williams, 344 Pa. Super. 493, 503, 496 A.2d 1213, 1218 (1985); Commonwealth v. Nelson, 311 Pa. Super. 1, 14, 456 A.2d 1383, 1390 (1983); Commonwealth v. Rivera, 309 Pa. Super. 33, 38, 454 A.2d 1067, 1070 (1982). The burden of proving counsel's ineffectiveness rests on the party alleging it. Commonwealth v. Wallace, 347 Pa. Super. 2487, 251, 500 A.2d 816, 818 (1985). This court cannot make a finding of ineffectiveness of counsel on the assumption that a physician's or nurse's testimony would have revealed what the appellant has suggested it would. Therefore, the appellant's first claim of ineffectiveness of counsel is without merit.
Appellant next claims his trial counsel was ineffective in failing to object to the introduction of prior criminal conduct or in the alternative in failing to file a motion in limine to restrict the introduction of such testimony. Our supreme court has recently modified the rule on the introduction of prior convictions for the purpose of impeaching the credibility of witnesses. Under the old rule which was enunciated in Commonwealth v. Bighum, 452 Pa. 554, 307 A.2d 255 (1973) and Commonwealth v. Roots, 482 Pa. 33, 393 A.2d 364 (1978), the trial judge retained discretion in determining
[ 369 Pa. Super. Page 284]
the admissibility into evidence of prior convictions involving dishonesty or false statement.
In Commonwealth v. Bighum, the supreme court limited the admissibility of prior convictions to "crimes involving dishonesty or false statement." Bighum, 452 Pa. at 566, 307 A.2d at 262. As to those convictions of crimes involving dishonesty or false statement, the court defined a series of considerations which the trial judge was to take into account in determining their admissibility. Id., 452 Pa. at 567, 307 A.2d at 263. In Commonwealth v. Roots, the court more succinctly defined the rule established in Bighum by requiring trial courts to consider the following factors in determining the admissibility of prior convictions for impeachment purposes:
(1) the degree to which the commission of the prior offense reflects upon the veracity of the defendant-witness; (2) the likelihood, in view of the nature and extent of the prior record, that it would have a greater tendency to smear the character of the defendant and suggest a propensity to commit the crime for which he stands charged, rather than provide a legitimate reason for discrediting him as an untruthful person; (3) the age and circumstances of the defendant; (4) the strength of the prosecutor's case and the prosecutor's need to resort to the evidence . . .; and (5) the existence of alternative means of attacking the defendant's credibility.
Roots, 482 Pa. at 39-40, 393 A.2d at 367.
The new rule as stated in Commonwealth v. Randall, 515 Pa. 410, 528 A.2d 1326 (1987), revises Bighum and Roots "in favor of more concrete guidelines" for determining the admission of prior convictions. According to this new rule, evidence of prior convictions can be introduced for the purpose of impeaching the credibility of a witness if the conviction was for an offense involving dishonesty or false statement, and the date of conviction or the last day of confinement is within ten years of the trial date. Randall, 515 Pa. at 415, 528 A.2d at 1329.
[ 369 Pa. Super. Page 285]
It is apparent that if the propriety of admitting the appellant's convictions is reviewed under the old rule, a discussion of the factors to be considered in determining the admissibility of prior convictions must ensue; whereas, if their admissibility is reviewed under the new rule, their admission was clearly unobjectionable since the convictions were within the ten-year limit and "burglary is a crime connoting 'dishonesty' by any definition." Commonwealth v. Bailey, 354 Pa. Super. 51, 511 A.2d 180, 182 (1986) (quoting Commonwealth v. Amos, 445 Pa. 297, 306, 284 A.2d 748, 752 (1971)). Thus, we must determine whether the new rule stated in Randall is to be applied retroactively.
Three approaches have been utilized by the supreme court in determining the propriety of applying a new law retroactively. In Commonwealth v. McCormick, 359 Pa. Super. 461, 519 A.2d 442 (1986), these three approaches were succinctly summarized as follows:
The common law approach set forth in U.S. v. Schooner Peggy, 5 U.S. (1 Cranch) 103, 2 L.Ed. 49 (1801) is that an appellate court must apply the law as it exists at the time of its decision. Therefore, new decisions always have retrospective application to cases pending at the time of the decision. However, a modified form of the common law approach creates an exception to this rule where the new rule is a "clear break with the past" or where there are constitutional limitations. U.S. v. Johnson, 457 U.S. 537, 102 S.Ct. 2579, 73 L.Ed.2d 202 (1982). Alternatively, a court can selectively apply a decision retroactively. Under the selective approach, the court considers: 1) the purpose to be served by the new standard; 2) the extent of reliance by law enforcement authorities on the old standard; and 3) the effect on the administration of justice. Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967). Where the purpose of the new standard affects the truth finding function, thereby raising serious questions about the accuracy of prior guilty verdicts, the new rule has been given complete retroactive
[ 369 Pa. Super. Page 286]
effect. Williams v. U.S., 401 U.S. 646, 91 S.Ct. 1148, 28 L.Ed.2d 388 (1971).
Our review of the recent case law confirms the conclusion reached by the McCormick court that although each of these three approaches has been utilized by the supreme court in recent years, it is unclear whether one approach is to be followed above the others. McCormick, 359 Pa. Super. at 473, 519 A.2d at 247-48; see also Commonwealth v. Gillespie, 512 Pa. 349, 516 A.2d 1180 (1986) (plurality opinion) (common law approach utilized); Commonwealth v. Harper, 512 Pa. 155, 516 A.2d 319 (1986) (common law and selective approach followed); Commonwealth v. Gray, 509 Pa. 476, 503 A.2d 921 (1985) (modified common law approach applied); Commonwealth v. Geschwendt, 500 Pa. 476, 454 A.2d 991 (1985) (plurality opinion) (modified common law and selective approach followed); Commonwealth v. Cabeza, 503 Pa. 228, 469 A.2d 146 (1983) (modified common law approach employed); Commonwealth v. Miller, 490 Pa. 457, 417 A.2d 128 (1980) (selective approach utilized). Consequently, following the lead of the court in McCormick, we will proceed to determine the propriety of retroactively applying the Randall rule under all three approaches.
First, under the common law approach, since the supreme court's decision in Randall did not specifically declare the ruling to have a prospective effect only, the Randall rule regarding the admissibility of prior convictions would be properly applied. Second, employing the modified common law approach, where retroactive application is given to cases pending at the time of the decision except where the new rule is a clear break with the past or where there are constitutional limitations, we find there is no clear break with the past since the Randall rule simply modifies an old rule. Randall, 515 Pa. at 415, 528 A.2d at 1329. Moreover, there is no constitutional limitation to retroactively applying Randall since Randall did not create any new rights for the appellant and, as such, none of his reliance interests
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would be violated by its application to this appeal. Commonwealth v. Gray, 509 Pa. 476, 503 A.2d 921 (1985).
Last, we will apply the selective approach which requires consideration of the following factors: (1) the purpose to be served by the new rule; (2) the extent of reliance by law enforcement authorities on the old rule; and (3) the effect on the administration of justice. We note the supreme court stated the purpose of the Randall rule is to afford more certainty to trial judges' rulings on the admissibility of prior convictions so there will be fewer instances where an appellate court acting on a record overturns a trial judge's decision. Randall, 515 Pa. 514, 1528 A.2d at 1328. The appellant is requesting this court to do exactly what Randall is designed to prevent. Next, any reliance by law enforcement officers on the old rule is minimal. Since the old rule required trial courts to weigh five factors in determining the admissibility of prior convictions, there was little, if any, certainty provided by the rule. The Randall rule, on the other hand, provides a bright-line rule upon which law enforcement authorities can depend. Finally, applying Randall retroactively will not impede the administration of justice since rather than increasing the number of appeals disputing the admissibility or exclusion of prior convictions, appellants may be inspired to forego such appeals since a retroactive application of the new rule will make the outcome of such an appeal almost certain.
In summary, our employment of all three approaches to determine the propriety of applying Randall retroactively reveals no reason to refrain from doing so. Appellant's convictions for burglary were properly admitted into evidence by the trial court under the Randall rule. Therefore, appellant's trial counsel cannot be found ineffective for failing to object to their admission; even if a new trial were ordered and the admissibility of the convictions was objected to, the convictions would still be properly admitted into evidence. Consequently, we find no merit in the appellant's second claim of ineffectiveness of counsel.
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Lastly, appellant argues trial counsel was ineffective for failing to object when the prosecutor cross-examined Adolf Flis regarding the appellant's glue-sniffing habits in a line of questioning which pertained solely to the events of the stabbing. Appellant claims trial counsel's failure to object to this subject of cross-examination prejudiced him in two respects.
Appellant first argues he suffered prejudice because Mr. Flis's responses to these questions of the prosecutor painted him as a "glue-sniffing drug addict." We disagree. Before Adolf Flis even took the stand to testify, the appellant's habit of glue sniffing had already been introduced into evidence by Laura Flis's testimony. When questioned about why she believed the appellant would carry out his threats against her, she answered it was because he was on drugs and sniffed glue. In addition, while testifying about the stabbing, Laura Flis stated that in her opinion the appellant had been sniffing glue that day. Moreover, her testimony indicated that when the appellant sniffed glue he behaved more aggressively. Mr. Flis's testimony, rather than corroborating or adding to this depiction of the appellant's glue sniffing habits, contradicted and deflated it by disclosing that the appellant only sniffed glue off and on, and even when he did, his behavior was not troublesome.
Appellant's second assertion of prejudice is that Adolf Flis's testimony tended to corroborate Laura Flis's description of the stabbing incident. Thus, the appellant argues, the Commonwealth was afforded the opportunity at trial to strengthen its case by eliciting testimony from Mr. Flis about the stabbing while the appellant was not given that opportunity. Again, we do not find the appellant's argument of prejudice persuasive. The prosecutor's questions about the appellant's glue-sniffing habits did not refer to a specific date, but instead inquired into the habit in general. When the prosecutor began reciting a question which may have been designed to obtain information about the appellant's habit and behavior on the day of the stabbing or the arson, the appellant's trial counsel voiced an objection which
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the trial court sustained. Thus, the Commonwealth was not given the opportunity to delve into the events of the stabbing any more than the appellant was. Since we do not find the appellant's demonstrations of prejudice to be convincing, we must dismiss appellant's last claim of ineffectiveness of counsel.
The third and final issue raised by the appellant, whether the trial court erred by admitting into evidence opinion testimony regarding the appellant's drug addiction and intoxication, was not raised in his post-trial motions. This issue, therefore, was not preserved for review by this court. Only those issues specifically raised in post-verdict motions are preserved for our review. Commonwealth v. Beckham, 349 Pa. Super. 430, 433, 503 A.2d 443 (1986).
Based on the foregoing discussion, the judgment of sentence entered in the Court of Common Pleas of Allegheny County is affirmed.
Based on the foregoing discussion, the judgment of sentence entered in the Court of Common Pleas of Allegheny County is affirmed.
© 1998 VersusLaw Inc.
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Texas businesses and other private entities are now banned from requiring COVID-19 vaccinations for employees, Gov. Greg Abbott said in an executive order issued Monday.
Mr. Abbott, a Republican, said he was adding the issue to the agenda for the current special session of the Texas Legislature and would rescind his order if lawmakers passed a similar ban into law.
Until now, elected officials in Texas have banned governmental entities from requiring vaccines and have banned places of public accommodation from requiring vaccines of their customers, but have allowed private businesses to determine whether to require vaccinations of their staff.
Abbott’s Executive Order GA-40 states:
No entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including an employee or a consumer, who objects to such vaccination for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19. I hereby suspend all relevant statutes to the extent necessary to enforce this prohibition.
The maximum fine allowed under Section 4 1 8. 173 of the Texas Government Code and the State’s emergency management plan shall apply to any “failure to comply with” this executive order. Confinement in jail is not an available penalty for violating this executive order.
This executive order shall supersede any conflicting order issued by local officials in response to the COVID-19 disaster. Pursuant to Section 418.016(a) of the Texas Government Code, I hereby suspend Sections 418.1015(b) and 418.108 of the Texas Government Code, Chapter 8 1, Subchapter E of the Texas Health and Safety Code, and any other relevant statutes, to the extent necessary to ensure that local officials do not impose restrictions in response to the COVID-19 disaster that are inconsistent with this executive order.
r. Abbott’s order makes no exception for hospitals and healthcare facilities, many of which require vaccines for Covid-19, flu and other communicable diseases because patients may be immunocompromised or too young to be vaccinated. His order applies only to the Covid-19 shot, allowing entities to require vaccines for other diseases.
The ability of healthcare facilities to require Covid-19 vaccines was previously tested in court, when some employees of the Houston Methodist hospital system sued to prevent the hospital from requiring them to receive vaccines. A judge dismissed the lawsuit, writing that the hospital’s interest in providing safe medical care to its patients outweighed the vaccine preferences of its employees. Spokespeople for the hospital system, which employs more than 26,000 people, said Monday evening that they were just seeing the order and didn’t yet know what its impact would be.
In his executive order, Mr. Abbott said his mandate came in response to the federal government pushing large businesses to require vaccines for employees.
“The Biden Administration is now bullying many private entities into imposing Covid-19 vaccine mandates,” the order says.
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Is it time to repeal the Second Amendment?
In light of the deadliest mass shooting America has ever seen, many have now turned to the Head of State with the question: ‘Mr President, when is enough enough? How many more people have to perish as a result of gun crime before we realise that nothing good can ever come out of the legal ability to carry firearms with ease?’ After the 1992 mass shooting – infamously named the Port Arthur Massacre – in Southern Tasmania, Australia, it took just twelve days to implement gun reforms in a country where firearms had long been considered essential. Twelve days. Believe it or not, Australia has not seen another mass shooting in the 25 years since. Perhaps now is the time for America to follow in Australia’s footsteps and seriously reconsider whether the (very few) benefits of legally possessing firearms will ever outweigh the bad.
Recently, America has seen yet another gun attack, this time in Texas. Although not as fatal as Steven Paddock’s infamous attack in Las Vegas on the 1st October, it has deeply affected the USA once again and further reiterates why this is a topic that needs great discussion. Since David Kelley opened fire on the Sutherland Springs Baptist Church in Texas, ever more debates are now circulating in the press, once again asking: when is enough enough? The President has controversially blamed the tragic incident on mental health, not gun laws. However, it would seem not all are happy with this conclusion and once again are calling for a repeal of the Second Amendment.
The Second Amendment reads, “A well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed.” Debated from 1791, right until its final passing and cementing in 2008, the amendment basically allows individuals the right to possess a weapon at home. Unfortunately, abused by many, the Second Amendment has fast become a controversial topic, especially recently in the wake of the latest harrowing mass shootings. It has become somewhat of a shield for gun-right advocates and a saddening example of the ‘American Right’. At the same time though, it has also become a chilling area of the American Constitution and a growing concern in the minds of many. Questions have now turned to – if not for the Second Amendment, would events have played out differently in Texas and Las Vegas, or would they have even played out at all?
Steven Paddock, the Last Vegas shooter, was aged 64 and described in the media as a caring guy who kept himself to himself. In reality, he was no more than a common domestic terrorist. He opened fire on an open-air music festival on the Vegas strip after being able to freely carry seventeen firearms without question to his room on the 32nd floor of the Mandalay Bay Hotel. It is thought that Paddock was able to do this by making multiple trips throughout the day – not once was he challenged or questioned.
After the initial shock and devastation of these horrifying events, questions have now turned to the American Constitution. The massacre, now recognized in the media as the ‘Mandalay Bay Shooting’, saw the death of at least 59 people, with a further 527 injured, quickly making it the deadliest mass shooting in modern US history. It has brought up many controversial issues for debate – how did the hotel not see Paddock as suspicious and why couldn’t security protocols have prevented this? But the one burning question on the minds of most is when are the laws on gun ownership going to be suppressed in order to make sure nothing like this will ever happen again? It’s a simple question with a regrettably complicated answer. Let’s briefly look at why those who support the Second Amendment do not want to see it quashed.
Gun-right advocates claim that the legal possession of firearms gives them safety, upholds tradition and guarantees their freedom. However gun-control advocates see a wholly different side to it. Gun rights, they state, make crimes all too easy to commit, suicide more accessible and allow someone, like Paddock, to commit something as horrendous as a massacre with little planning and preparation – an unsettling thought to say the very least. We do not live in a make-believe land and we can be under no illusions that crime would be repressed if the Second Amendment is repealed. It is, however, a perfect place to begin on the long and uncertain road to peace. In reality, what actual harm can come from restricting civilians’ accessibility to firearms? Very little. So why has this not happened already? Why does the Constitution overrule the discussion every time? America now needs to use its voice and spark a debate that goes further than every day conversation. It needs to surface an issue that will be constitutionally recognized and consequently dealt with. Or at least considered. That would be a step in the right direction in itself. The Heads of State need not look into this issue with a closed mind but an open one which would prove much more productive. Of course, it is a complicated issue with many ramifications, no matter what the result. However, one must believe it to be a matter that with time and etiquette can be got right. Why not repeal the 2nd and bring in a 28th? One that promises to impose restrictions on firearms and that works in favour of every American citizen? There’s a long road ahead of America, but a route towards armistice is a route worth taking for all.
Global Seven News
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It is also good to have somebody who takes care about you. Usually parents are those who look after a child, guide him and are responsible for him. Unfortunately children can loose their parents due to different circumstances. In these cases courts are empowered to appoint a guardian for the child or person that needs special protection.
Guardianship is a legal relationship where a guardian is a person who looks after:
- children whose parents can no longer take care of them
- persons over 18 years old who are mentally or physically incapacitated
The guardianship may be of different types. Limited guardianship is appointed by court where a limited guardian assists in the decision making process for wards who can make responsible and informed decisions in some cases. Co-guardianship occurs when two guardians are appointed to protect the best interests of the ward. Guardian of property is concerned with providing or managing sufficient monetary resources to care for the ward. A guardian ad litem is appointed to under-age children in order to represent their interests in any legal proceedings. They can be also appointed to represent the interests of mentally ill or disabled persons.
If you are considering to become a guardian make sure you fill all the necessary documents. Guardianship laws vary from state to state, so you should make sure to consult a licensed attorney in your state. Don’t hesitate to come to us! Legal Bistro makes things easier!
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No, tax law changes every year, and the program also calculates some items for a particular year number.
Furthermore, 2019's tax law is MUCH different from 2017 and 2018. For instance, the standard deduction nearly DOUBLED between 2017 and 2018! You may find that you are taking the standard deduction now.
You will need to purchase TurboTax CD/Download software to prepare your prior-year return.
**Mark the post that answers your question by clicking on "Mark as Best Answer"
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Constitution of the Commonwealth of Kentucky: Adopted by the Constitutional Convention, April 11, 1891, and Submitted to a Vote of the People at the August Election, 1891
Courier-Journal Job Printing Company, 1891 - 64 pages
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action adoption allowed amendment appointed Assembly Attorney authorized become bill cause charters Circuit Court citizen civil Clerk collected common carrier Commonwealth Commonwealth's Attorney compensation Constitution continue contract Convention convicted corporation County Court Court of Appeals created debt direct district dollars duties effect eighteen elected enact enter equal established exceeding Executive expiration five four give Governor grant held hold their offices House hundred individual interest Judges jurisdiction Justice Kentucky Land legislative less limits majority manner ment municipality necessary November operating organized otherwise paid Peace person population practice prescribed by law present President privileges proper proposed provided by law qualified railroad receive regular regulate removed Representatives respective Secretary Senate session Sheriff successors taxation term thereafter therein thereof thousand tion town unless vacancy vote voters
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Why are some federal courts still willing to side against the proper vetting of people who could potential harm the US?
Browsing: district court
Protecting the “Rights” of Foreign Terrorists at the Expense of American Safety
Federal Court Rules in Favor of American Workers
“Today (August 12th), the U.S. District Court for the District of Columbia ruled in favor of an American tech workers union that brought a lawsuit challenging…
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Industrial accidents are quite common in the workplace. These accidents can be mild to severe depending on the impact and the severity of the injury. Industrial accidents are a type of workplace accidents, more severe than other workplace accidents. However, these accidents can lead to severe pain and in severe cases, can lead to death.
If you are involved in an accident which is not due to your fault or negligence, you can claim compensation. However, you need to know that you can’t claim compensation if this accident occurs due to your fault or negligence.
Common types of industrial accidents
In industries, you may get various types of injuries. These injuries range from mild to severe. Common industrial related accident includes:
Slip and trip accident
Slip and trip accidents are common in the workplace, especially in industries. Working on a slippery surface can cause severe blows. Slip trip and fall accidents are notorious for the back and head injuries.
Slip and trip can also cause damage to the knee and ankle. Furthermore, when you fall, you try to balance your body by placing your hand s in a lock position on the surface, this sudden impact in the lock position can also injure the elbow.
If you get a slip or trip, you can claim compensation on the liable employee.
Repetitive motion injuries
Repetitive motion injuries are common in industries where employees constantly work with the same motion of joints. Artisan, carpenter, painter, are the professions that are at high risk of repetitive motion injuries. Therefore, overuse of the same joint in every activity can damage the ligament and tendons in the joints. These most common joints are elbow and knee and ankle.
If you get an injury to any joint with the overloading of the work, you can claim compensation. It’s your legal right to register the claim on the liable party.
In industries, you deal with both manual and automatic machinery. You take help of the machines to transfer the heavy objects on the upper floors. During the loading of the objects, these objects can slide downwards. This can cause real damage to the employees working in that area.
Falling objects can cause damage to the backbone, head and neck area. These injuries are severe, and it may lead to death.
Fall from height
In industries, you deal with the machinery and lifter to work on the upper floors or the rooftop of the building. Most of the accidents occur at manual machinery or lifter, where you tie the ropes manually to fix the lifter. Sudden breakage of the rope on the upper floor can unbalance the employees. They may also fall from height. Therefore, this fall from the height can break the bones in the legs and arms and make employees disable for the whole life.
Stuck in the machinery
In industrial areas, as an employee, you maintain and use heavy machinery. These types of machinery consist of different belts and pulleys. Therefore, It is common in industries that people may stick in the pulleys or belts. This accident can lead to the amputation of the arm and sometimes in severe cases, even lead to death.
How to overcome industrial accidents?
Industrial or workplace accidents are common in every country or every passion.
When you deal with the machinery, it is likely common to get injured. Therefore, to overcome or reduce the accident and causalities, various techniques can save the life of employees.
Use of helmets
The employees can sue helmets in workplace or construction area to minimize the head injuries. Safety helmets can also save them from falling objects.
Use of gloves
Employees can use safety gloves to make sure that their hands remain to save during electricity work or machine maintenance.
If the employer of the company or the department don’t provide the safety gears, and you get injured doing the company work, you can claim compensation. It’s the employer’s responsibility to provide their employees with a safe and risk-free environment. If an employer doesn’t provide the gadgets and safety guards, then it’s the employer, who is responsible for the accidents and injuries.
Seek the solicitor’s advice
Many of the workers don’t claim compensation against their employees. They usually fear of getting loose their job. Personal injury solicitor Bury can help the victim to register their case. He can also help them to gather the evidence and get the contact number of eyewitnesses.
Personal injury solicitors can help you to estimate the physical, psychological, social and economic damage in the form of a compensation claim.
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NoFirstUse Global sends a letter to President Putin and the Russian people countering Putin’s claim that the United States established a precedent for nuclear attack through their use of nuclear weapons against Hiroshima and Nagasaki in 1945.
On September 30, in his speech in the Kremlin announcing the annexation of four Ukrainian regions – Luhansk, Donetsk, Zaporizhzhia and Kherson – President Putin claimed that these territories are now part of Russia, that Russia has nuclear weapons to defend its territory, and that the United States created a precedent for others to launch a nuclear attack when the United States used nuclear weapons against Hiroshima and Nagasaki in World War II.
In a resolution adopted on October 12, the United Nations General Assembly condemned the illegal annexation of the territories, reaffirmed its previous resolutions concerning the Russian invasion of Ukraine as being an ‘Act of Aggression’, and called on Russia to “reverse its decisions of 21 February and 29 September 2022 related to the status of certain areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia regions of Ukraine, as they are a violation of the territorial integrity and sovereignty of Ukraine and inconsistent with the principles of the Charter of the United Nations, and immediately, completely and unconditionally withdraw all of its military forces from the territory of Ukraine within its internationally recognized borders.”
The President of the UN General Assembly, presiding over the debate and vote, also warned about the increased threats of nuclear weapons use and said that ‘Any threat to use nuclear weapons should be universally condemned’.
In follow-up, and to give further strength to the UNGA President’s comments, the NoFirstUse Global Steering Committee sent an Open Letter this week to President Putin and the people of Russia, countering President Putin’s claim that the Hiroshima and Nagasaki nuclear bombings established a legal or political precedent for using nuclear weapons. The letter also opposes Russia’s illegal invasion of Ukraine and threats to use nuclear weapons, and argues that the existence of Russia is not under threat (as alleged by Putin), but that it would be if Russia starts a nuclear war.
Below is the letter in full. Click here for the PDF version.
OPEN LETTER TO PRESIDENT PUTIN AND THE PEOPLE OF RUSSIA:
We want Russia to be great again
The Hiroshima/Nagasaki bombings were illegal – not a precedent for launching a nuclear attack. The existence of Russia is not under threat – but will be if Russia starts a nuclear war.
Dear President Putin and the people of Russia,
We oppose Russia’s illegal invasion of Ukraine, violations of international humanitarian law in the war, threats to use nuclear weapons and annexation of parts of Ukraine.
However, we warmly greet Russian citizens as friends. We do not support any threats to the nation, territorial integrity or culture of Russia. We are confident that our governments also have no intentions to undermine, occupy or destroy Russian territory, people, culture or social well-being, but wants to see Russia become again a respected, important and highly valued member of the international community.
Russia has a unique spiritual and civilisational heritage of which it is justly proud.
However, we are extremely concerned about Russian threats to use nuclear weapons. There is no justification for Russia, or any nation, to threaten a nuclear war or escalate to a nuclear war.
The USA nuclear bombings of Hiroshima and Nagasaki did not provide a precedent for the use of nuclear weapons – and especially not for the first use in any conflict. The nuclear bombings of Hiroshima and Nagasaki were affirmed as illegal by the Tokyo District Court in 1963 (Shimoda Case).
In addition, the threat or use of nuclear weapons was affirmed as generally illegal by the International Court of Justice in 1996, with the only possibly exception being a case of self defence when the very survival of a state is at stake. The very survival of Russia is not threatened in this war. It would only be threatened if Russia launched a nuclear war and then might face nuclear retaliation for such an unwarranted, illegal and suicidal act.
If anything, the nuclear bombings of Hiroshima and Nagasaki demonstrated the inhumanity of the use of nuclear weapons and helped establish the principle that ‘a nuclear war cannot be won and must never be fought.’
This principle was reaffirmed in the Russia/USA Summit in Geneva in June 2021 and by the five nuclear-weapon states party to the NPT in January 2022. It remains true.
We recall the message from former Mayor of Hiroshima Tadatoshi Akiba in March this year, endorsed by over 100,000 people, urging Russian and other world leaders ‘to immediately declare the disuse of nuclear weapons in this conflict!’
Mayor Akiba reminded us all that the use of nuclear weapons in this, or any other, conflict “would mean that billions of people would have to continuously witness the living hell that was experienced by the people of Hiroshima and Nagasaki 77 years ago.”
Mayor Akiba asked: “If you [President Putin] have any imagination left, think about what the world will look like, what people will witness, and how people will be narrating the historical tragedy out of such action…”
Dear Mr President and people of Russia,
Russia has been a great and respected nation in the past. We want to join again in celebrating an end to the war in Ukraine and a renewed relationship of peace and friendship with Russia. This will not happen, indeed our countries and civilization itself might not remain, if Russia launches a nuclear war.
NoFirstUse Global Steering Committee
Marc Finaud (Switzerland/France)
Vice President, Initiatives pour le Désarmement Nucléaire
John Hallam (Australia)
People for Nuclear Disarmament
Vanda Proskova (Czech Republic)
Vice-President, PragueVision Institute for Sustainable Security
Aaron Tovish (Philippines/USA)
Director, Zona Libre
Carlo Trezza (Italy)
Former Italian Ambassador to the United Nations in Geneva
Alyn Ware (Czech Republic/New Zealand)
Program Director, World Future Council
Yosuke Watanabe (Japan)
Researcher, Peace Depot
Uta Zapf (Germany)
Council Member, Parliamentarians for Nuclear Non-proliferation and Disarmament
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In Mcloud, Oklahoma there are many problems that can rear their heads, derailing the process of drafting or executing a will. Frequent examples include ambiguities in the language of the will, leading to conflicts and challenges. Most of these issues can be staved off through quality drafting.
If your estate does not have a large amount of assets, your assets are limited to cash and personal belongings, and you wish to leave all your property to your immediate family and friends, the process of drafting your will is likely to be fairly simple.
But be warned: even a relatively simple will can encounter pitfalls in the drafting process, which can cause problems later on. An accomplished Mcloud, Oklahoma lawyer will greatly reduce the chances of this happening, if they help you in the process of robust will preparation.
Most of the issues that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly confusing, but they have to be followed to the letter if a will is to be valid. Normally, wills have to be witnessed and signed by at least 2 people, and it must include a clear statement that the document is, in fact, a will. You should choose the witnesses carefully, because if they have any direct interest in the will, they won't count as valid witnesses.
Holographic Wills in Mcloud, Oklahoma
In some states, testators are authorized to make "holographic wills." This is a will which the testator hand-writes, in his or her own handwriting. Such wills do not need to have any witnesses to be given effect.
Holographic wills are usually construed very broadly. Knowing that it was not written by an expert, a court will normally look at the common definition of words, and use other common-sense principles when it comes to interpreting a holographic will. This is necessary to avoid conflicts, and increase the chances that the testator's wishes are honored.
You should know, however, that holographic wills aren't recognized in many states. If you live in one of these states, you're still free to hand write your will, but, in order to be valid, it must be accompanied by all the formalities required by the laws of the state it is made in.
If your state recognizes them, a holographic will might be a reasonable option if you have a very small estate, and wish to make very simple devises. However, it is never a bad idea to at least have an attorney review your will for completeness and clarity, even if you aren't having the attorney draft it from scratch.
How Can A Mcloud, Oklahoma Lawyer Help?
Because of the formalities that must accompany most wills, it might be wise to have a Mcloud, Oklahoma attorney help you draft it.
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| 0.098969
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The digital world has brought with it an endless pool of knowledge, countless opportunities for businesses both big and small, as well as platforms on which to connect with loved ones. However, the online realm has its fair share of negative aspects, too. Take, for example, personal data security, data brokering, and high frequency advertising – all of which is considered to be a gray area from a legal perspective. Here are some additional details regarding these three main ethical debates for the digital world.
Personal data rights are a huge gray area in many different aspects. This goes not only for the personal data that we willingly submit to certain websites and companies via the internet, but also for data concerning our online behavior and choices. In many instances, technology experts create artificial intelligence, such as customer service chatbots, to identify data and patterns within data. This is so that the AI can generate a better understanding of a company’s target market, especially in relation to their buying decisions and the specific information that each individual seeks.
Ultimately, artificial intelligence and chatbots collect this data without any consent for the various parties from which they are taking it. Further to this, the data collected can have far-reaching consequences on business and consumers in the future.
The good news is that the relevant industries are working tirelessly to secure fairer personal data right for consumers, particularly in relation to the online sphere. Many online universities offering data-oriented programs andZx courses, such as UNSW online, are including the importance of upholding data privacy in their curriculums. A definitive and positive step in the right direction!
When consumers fill in an online form or provide their details to a company when entering a competition, it is very rare for them to actually stop and take the time to read the associated terms and conditions. What they do not realize is that, more often than not, they are signing away their privacy rights by agreeing to allow the company in question to ‘sell’ their personal information to third parties.
Some examples of data brokering are even more underhanded in that they take place without any clear consent provided by the individuals whose data is being sold whatsoever. This type of data is often, once again, online behavior, buying trends, habits, and preferences.
High frequency advertising
If you have ever been served a specific ad more times than you can count, you are definitely not alone. This approach to digital marketing is called ‘high frequency advertising’ and is adopted in the hopes of boosting the chances of making a conversion based on how frequently you are exposed to a specific brand or product. In most situations, these ads are targeted to you specifically based on your previous online activity – once again, through non-consensual data sharing. High frequency is extremely frustrating for the consumer, so it often has the complete opposite effect than originally intended. However, according to countless digital marketers and data scientists, this marketing tactic is more than just irritating, it is downright unethical too.
The way forward
While the insights gained through leveraging personal data from consumers sure prove valuable, what is more valuable in the long run is building a sense of trust within your consumer base. It is possible to solve the vast majority of common ethical issues within the digital world if companies adopt a more transparent approach to conducting business and target market research.
Business owners can achieve this by adopting an ethics-focused culture within their organizations, actively educating employees on how best to respect customers and their privacy when it comes to everyday dealings. This education is specifically important for employees operating within the marketing and customer service sectors of the business.
Make sure that you draw a clear line in terms of where helpful insights into your target market moves into the territory of being manipulative and dishonest and ensure that employees can be held accountable for their actions should they go against procedure.
Ultimately, until solid laws are signed into effect, it is up to organizations to make ethical decisions to the benefit of their clients and customers. If you do intend to collect data for research purposes, ensure that your consumers are properly notified of that fact and given a clear choice regarding whether they wish to participate. After all, it can prove to be much simpler and cost-effective to obtain helpful data directly from willing consumers than from other undercover sources!
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| 0.168968
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“Unbundled legal services” is a relatively new phrase, however the concept has been around for a long time. In any particular case there are many components and phases. When you work with an attorney on an “unbundled” basis, you are only working with him for one component or phase. For example, if you want to represent yourself in a divorce matter, and you want to make sure the complaint is filed and served correctly, you can hire an attorney to just do that. Maybe a post decree motion need to be filed, the attorney can help you with the process and procedure, and file the motion, but you can still represent yourself, if you so choose. You could hire an attorney to just prepare a QDRO or a quit claim deed, to draft a separation agreement, or a Judgment entry in divorce. Many parts of the process can be “sub-contracted,” if you will, just to ensure that you are on the right path and legally and procedurally accurate. Some attorneys have no problem with this type of “unbundled work” others want to fully represent you in this matter. That choice, and that cost is up to you. Understand this is really a cost issue for you as a party to a case. The amount of time and money spent on full representation could be substantial. Due to this cost many people are trying to represent themselves, and as a result mistakes are being made. If you have an attorney just help with portions of the case, then you can make sure that the process is done right and your rights are protected by your attorney, with the added benefit of far reduced costs. Peter Kirner of Kirner and Boldt has been doing unbundled services for years, mostly in the area of divorce, dissolution, and other family law matters. Please contact him at 440-884-4300.
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| 0.023596
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That is the essence of a recent ruling by the BCHRT, in the case of Oger v Whatcott.
When Morgane Oger, a transwoman, ran for office Bill Whatcott distruted hundreds of flyers claiming she was unfit because of her gender identity. Whatcott's flyers described Oger as a "biological male who has renamed himself...after he embraced a transvestite lifestyle" ; described being transgender as an "impossibility" which exposes people to harm and constitutes a sin.
Oger filed a complaint with the tribunal, alleging that Whatcott's flyers are hate speech within the meaning of the Human Rights Code.
That case is set to be heard in September.
Whatcott made an application to require Oger to disclose her birth certificate and medical records, and to compel her to have an independent medical examination. He claimed that Oger has the burden to prove she is protected by the ground of "gender identity" and that his applications were relevant to that issue.
In a strong decision, the Tribunal held that Oger was not required to produce her records, or have a medical exam. The Tribunal member said:
"...Mr. Whatcott's requests are overly intrusive into Ms Oger's privacy and not at all relevant for the disposition of this complaint. Furthermore, the basis for the requests is questionable insofar as they are premised on Mr. Whatcott contesting that Ms Oger is a transgender woman. That fact is the very foundation of his publications concerning her fitness for office.
This complaint is not about Ms Oger's medical records or the personal circumstances underlying her gender identity. Nor, as I have said, is this Tribunal a forum for Mr. Whatcott to defend the truth of his convictions...Her identity is hers alone, and the Legislature has expressly chosen to recognize it and confer protection on her by the inclusion of "gender identity and expression" as a protected characteristic in the Code."
This case sets a wonderful precedent for any trans folk who do not want to provide evidence of their gender. It says that the person's assertion of their gender identity is enough: no birth certificate required, no medical records are relevant.
Stay tuned for the case itself in the fall.
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A SELF-CONFESSED gunman is on trial for the 2019 murder of a pro-migrant politician – the first German political assassination in decades.
Stephan Ernst, a far-right sympathiser, has already confessed that he pulled the trigger in the close-range shooting of Walter Lubke in 2019. The regional governor from Angela Merkel’s CDU party was murdered in his garden near Frankfurt, the first politically motivated killing in Germany for decades.
The legal team of Ernst the gunman should be sentenced for manslaughter. The far-right activist retracted his confession after telling police he had deliberately shot Lubke, insisting that he pulled the trigger by accident during a struggle with the politician. Prosecutors are demanding a life sentence for what they see as a cold-blooded assassination.
In court, Ernst seemingly showed regret for his crime, telling Lucbcke’s widow and sons: “I am very sorry for what I did to you.” In 2016 Ernst was accused of the attempted murder of an Iraqi refugee in a knife attack, and reportedly has a long history of far-right activism.
The 2019 crime appalled Germany, which has been experiencing a far-right resurgence in recent years. Last month a man was given a life sentence for attempting a major terror attack on a Jewish synagogue, with authorities attempting to crackdown on far-right agitators and potential terrorists.
Thank you for taking the time to read this news article “Gunman on Trial for Killing German Pro-Migrant Politician ”. For more UK daily news, Spanish daily news and Global news stories, visit the Euro Weekly News home page.
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Version 2.1, February 1999
Copyright (C) 1991, 1999 Free Software Foundation, Inc.
59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
Everyone _ permitted _ copy _ distribute verbatim copies
of this license document, but changing it _ not allowed.
[This _ the first released version of _ Lesser GPL. It also counts
as _ successor of _ GNU Library Public License, version 2, hence
_ version number 2.1.]
_ licenses for most software are designed _ take away your freedom _ share _ change it. By contrast, _ GNU General Public Licenses are intended _ guarantee your freedom _ share _ change free software--to make sure _ software _ free for all its users.
This license, _ Lesser General Public License, applies _ some specially designated software packages--typically libraries--of _ Free Software Foundation _ other authors who decide _ use it. You can use it too, but we suggest you first think carefully about whether this license _ the ordinary General Public License _ the better strategy _ use in any particular case, based _ the explanations below.
When we speak of free software, we are referring _ freedom of use, not price. Our General Public Licenses are designed _ make sure that you have _ freedom _ distribute copies of free software (and charge for this service if you wish); that you receive source code _ can get it if you want it; that you can change _ software _ use pieces of it in new free programs; _ that you are informed that you can do these things.
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END OF TERMS _ CONDITIONS
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If you develop a new library, _ you want it _ be of _ greatest possible use _ the public, we recommend making it free software that everyone can redistribute _ change. You can do so by permitting redistribution under these terms (or, alternatively, under _ terms of _ ordinary General Public License).
_ apply these terms, attach _ following notices _ the library. It _ safest _ attach them _ the start of each source file _ most effectively convey _ exclusion of warranty; _ each file should have at least _ "copyright" line _ a pointer _ where _ full notice _ found.
Also add information _ how _ contact you by electronic _ paper mail.
You should also get your employer (if you work as a programmer) _ your school, if any, _ sign a "copyright disclaimer" for _ library, if necessary. Here _ a sample; alter _ names:
Yoyodyne, Inc., hereby disclaims all copyright interest in
_ library `Frob' (a library for tweaking knobs) written
by James Random Hacker.
signature of Ty Coon, 1 April 1990
Ty Coon, President of Vice
That's all there _ to it!
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The Supreme Court decision overturning a new federal statute outlawing flag desecration instantly revived a rancorous and emotional debate on Capitol Hill yesterday and set up a what is likely to be a nasty political fight as lawmakers prepare for the fall elections.
Lawmakers in both the House and Senate took steps yesterday that will lead to speedy consideration of a flag-burning amendment to the Constitution, probably before the July 4 recess. The House Judiciary Committee is to begin work on an amendment next week, and floor action is expected within two to four weeks.
The court's 5 to 4 decision put the contentious issue back on the congressional agenda just as the 1990 campaign season is heating up, whetting the appetite of Republican political operatives hungry for "values" issues they can use against the Democratic majorities in the House and Senate. Republicans have been in the forefront in pushing for an amendment while key Democratic congressional leaders are committed to opposing an amendment that would alter the Bill of Rights.
However, neither supporters nor opponents of an amendment appeared confident of the outcome in a showdown over the issue with both sides predicting the issue would hinge on the public's response to the debate. A Washington Post-ABC poll last year showed a strong majority of voters favored congressional action to protect the flag, but by a 2 to 1 margin voters said they preferred a statute over a constitutional amendment to achieve that goal. It was not clear how yesterday's decision overturning the federal statute would affect public sentiment toward an amendment.
"It's not going to be easy to get a two-thirds vote of the House," predicted Rep. G.V. "Sonny" Montgomery (D-Miss.), a supporter of an amendment.
Despite these uncertainties, Republicans yesterday eagerly anticipated how the issue will play this fall while Democrats wanly warned against playing politics with the flag.
A vote against a constitutional amendment, said Senate Minority Leader Robert J. Dole (R-Kan.), "would make a pretty good 30-second spot" by a lawmaker's opponent in the fall.
"Democrats are definitely not going to get a free ride on this," added Edward J. Rollins, co-chairman of the GOP's House campaign committee. "Defining values is very, very important."
Democratic Party chairman Ronald H. Brown sought to depoliticize the issue, declaring that "those who seek political advantage from the flag and the Bill of Rights slander the memory of every man or woman who fought for this land."
Republican congressional leaders said yesterday that the court's decision validated their arguments of last year that the only way to protect the nation's symbol is through a constitutional amendment, a view that Democratic leaders had finessed by passage of the statute that was overturned yesterday.
"There is no quick fix on this issue," said House Minority Leader Robert H. Michel (R-Ill.). "Either we amend the Constitution -- as grave and complicated an undertaking as that is -- or else we let the decision stand."
Both Michel and Dole have introduced identical proposed amendments that would empower Congress and the states to "prohibit the physical desecration of the flag of the United States." To be approved, the amendment would have to be supported by two-thirds of the House and Senate and then ratified by 38 of the 50 state legislatures.
The upcoming battle over a flag-burning amendment will be a key test of the leadership abilities of House Speaker Thomas S. Foley (D-Wash.) and Senate Majority Leader George J. Mitchell (D-Maine), both of whom oppose tampering with the First Amendment.
A White House official said President Bush is considering whether to escalate the issue politically, with administration planners eyeing two upcoming events to use as backdrops. One is an upcoming photo opportunity with the sculptor of the Iwo Jima Memorial statue; the other is Flag Day on Thursday.
Administration officials recognize the immediate emotional punch of the issue, but are not sure about its staying power. "The question is how quickly the attention grabs in the states to get it ratified," one official said.
Staff writer Dan Balz contributed to this report.
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Moise Kean could face Everton after he breaks club and government ban The ban on gathering during the crisis was caused by the HIV virus.
Everton expressed their disappointment with Kean, saying they were “shocked” by the image. Showing striker Moise Kean at a recent indoor party, ignoring government guidelines and club rules In relation to the crisis of the Kovirus 19.
According to the Daily Star, the 20-year-old Italian national team member filmed himself dancing to a beautiful girl. And his friends at a party in his house violated the British government's ban.
The Everton statement added: "Everton has consistently emphasized the importance of following all government guidelines, including The rules and advice for inside and outside the house through official contact with all staff, including players and coaches. ៕
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Three of the Five Eyes are yet again attacking end-to-end encryption. As if passing new laws somehow stops criminals from breaking existing ones.
Yet again, they’re asking for backdoors in the encryption schemes. As if they can somehow change the intrinsic nature of math.
It’s déjà vu time. In today’s SB Blogwatch, we’ve seen it all before.
Your humble blogwatcher curated these bloggy bits for your entertainment. Not to mention: Zuckerbot.
Same **** Different Day
What’s the craic? Ryan Mac and Joseph Bernstein report—“Barr Will Ask Zuckerberg To Halt Plans For End-To-End Encryption”:
Attorney General Bill Barr, along with officials from the United Kingdom and Australia, is set to publish an open letter to [the] Facebook CEO … asking the company to delay plans for end-to-end encryption across its messaging services until it can guarantee the added privacy does not reduce public safety. [It] raises concerns that Facebook’s plan … will prevent law enforcement agencies from finding illegal activity conducted through Facebook, including child sexual exploitation, terrorism, and election meddling.
The letter calls on Facebook to prioritize public safety in designing its encryption by enabling law enforcement to gain access to illegal content … and by consulting with governments ahead of time to ensure the changes will allow this access. … In a three paragraph statement, Facebook said it strongly opposes government attempts to build backdoors.
O RLY? Lorenzo Franceschi-Bicchierai wins the understated-headline-of-the-year award, with “AHHHHHHHHHHHHHHHHHHHH”:
Stop me if you’ve heard this before. The US government wants a major tech company to stop the deployment of strong, end-to-end encryption.
The bad news for Barr is that Facebook’s services are largely already encrypted end-to-end. … So, in other words, Barr wants Facebook to put a backdoor in WhatsApp, Facebook Messenger, and Instagram direct messages.
The arguments … are also more or less the same and boil down to “won’t anyone think of the children?” [It] totally ignores the fact that there already are tools for law enforcement to get around encryption—when necessary, legitimate, and authorized by a judge. Namely, cops hack devices all the time to compromise messages’ endpoints, allowing them to intercept and read the messages.
So, dear Bill, what’s different now? … The onus is on you to justify backdoors, something that no respectable technologists believes can be done safely. Just shouting ‘child exploitation’ or ‘terrorism’ [isn’t] enough.
But something must be done. The EFF’s Andrew Crocker and Joe Mullin call it, “An All-Out Attack on Encryption”:
This is a staggering attempt to undermine the security and privacy of communications tools used by billions of people. Facebook should not comply.
Law enforcement and national security agencies in these three countries are asking for nothing less than access to every conversation that crosses every digital device. [It] focuses on the challenges of investigating the most serious crimes committed using digital tools … but it ignores the severe risks that introducing encryption backdoors would create.
The Department of Justice and its partners in the UK and Australia claim to support “strong encryption,” but the unfettered access to encrypted data described in this letter is incompatible with how encryption actually works.
You can say that again. Adrian Kennard explains that math “does not work like that”:
I don’t know how many times we have to try and explain. … You cannot make a way to decrypt something only when there is a valid warrant issued by a judge. Maths does not understand judges or law.
The system only works if there are flaws and back-doors, and no matter how you try, these will be exploited by criminals. Simple as that.
But but but … The children! AnthonyMouse thinks of them:
Not having privacy can lead to [even more] severe harms. … If the bad guys break into a system that allows them to effectively wiretap everybody, now they can snoop around and find blackmail targets.
Results: Rape, financing child sex trafficking, facilitating an act of terrorism. Or any of the less visceral but nonetheless … significant consequences.
And that’s just blackmail. What about the suicides of people who get doxxed? Or the people in violent relationships whose abuser is in law enforcement or in a criminal enterprise that has compromised the surveillance apparatus? Or the mental health epidemic which results when people know their communication is exposed to people they don’t trust to see their true selves and then self-censor into performance-art conformists?
Privacy is about keeping perverts in law enforcement from reading the sexting that should only be between you and your spouse, but it’s also about keeping the country and the people safe from terrorists and foreign powers, keeping victims safe from abusers and allowing people to satisfy the human need to be themselves in communications with people they trust.
Privacy isn’t a trade off against security, it’s a necessary component of having security.
Wait. Pause.? David A. Gatwood opines, “That’s not the way the Constitution works”:
The whole point of the first amendment is that the government doesn’t get to decide that a form of expression — in this case, software — is illegal unless the creator can prove that it cannot be used to cause harm. Rather, the onus is on the government to prove [it].
The only reasonable response from Facebook would be a single-character email containing the middle finger unicode symbol.
Anyway, Jake Williams—@MalwareJake—doesn’t trust the competence of the guv’mint:
Any time someone says “don’t do end to end encryption, we can keep the data safe,” just remind them of Shadow Brokers. We still don’t even know how the Shadow Brokers stole the data they leaked (which included ETERNALBLUE, fueling WannaCry & NotPetya).
If DOJ and NSA don’t know how the Shadow Brokers got the highly classified data out of one of the most tightly controlled networks on the planet, the idea that they can protect backdoors to your communications is laughable. My kid understands this. Why doesn’t Barr?
But Red Neck worries that one of these things is not like the other:
Lets get this right: The privacy nuts don’t want governments having access to their precious data, but don’t mind entrusting it to someone like Zuckerberg, a character with a questionable history, on an unregulated platform. Rethink required.
And nehumanuscrede sees the Morissette-irony:
Zuckerberg just can’t win.
Option A) Don’t do anything to preserve privacy for users of their apps -> Get yelled at
Option B) Get tired of Option A and decide to protect user privacy … with EtE encryption -> Get yelled at.
Anyway, it won’t work. As tw04 points out:
The argument doesn’t even make sense. It makes the horrible assumption that pedophiles will continue using a service they know to be insecure.
That’s literally a provably false assumption. The second they realize it’s insecure … they’ll switch to something else.
And [it] assumes that there are no criminal programmers and thus they have no ability to just write their own tools if there isn’t something sitting on the shelf. We know with 100% certainty this is also a false assumption.
Meanwhile, Chris Daw QC—@crimlawuk should maybe ask Alexa or Siri:
If the authorities need to have the ability to invade privacy online, purely because a fraction of 1 percent of people are involved in child abuse … why don’t they need cameras and microphones in every home for the same reason?
You have been reading SB Blogwatch by Richi Jennings. Richi curates the best bloggy bits, finest forums, and weirdest websites… so you don’t have to. Hate mail may be directed to @RiCHi or [email protected]. Ask your doctor before reading. Your mileage may vary. E&OE.
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Words are not numbers and even the most careful draftsperson cannot guarantee that the meaning of a will is always clear beyond doubt. As a High Court case showed, however, judges are adept at resolving ambiguities so that the true intentions of testators are put into effect.
After specific bequests, a woman left the residue of her estate equally to her four siblings 'or the survivor or survivors of each of them'. Each of the siblings died before her but three of them were survived by a total of one widow and 15 children. An issue arose as to whether the widow and children fell into the category of 'survivors' who were entitled to inherit under the will.
Ruling on the matter, the Court noted that the 'survivors' of a plane crash are those individuals who remain alive after the accident. As a matter of common English, the word does not refer to the families of those who died. Similarly, the Court ruled that the 'survivors' of a list of beneficiaries named in a will means those of their number who remain alive at the date of the testator's death.
The plain meaning of the phrase was not undermined by any of the will's other terms and there was nothing to indicate that the woman intended to benefit the spouses or children of her siblings in the event that any of the latter predeceased her. Had that been her intention, it would have been a straightforward matter to craft a suitable clause in her will.
On the basis that the phrase referred only to the named siblings, none of whom had survived her, the Court found that the gift was of no effect and that the woman's residual estate was thus the subject of a partial intestacy.
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In a gruesome and harrowing series of events, a suspected serial murderer in Harare has been remanded in custody pending further investigation and indictment to the High Court. Thandolwenkosi Ndlovu, a 20-year-old individual, stands accused of brutally killing five homeless people in the city, allegedly engaging in gruesome acts such as cooking and consuming their flesh. The court proceedings, presided over by Magistrate Dennis Mangosi, have set the next hearing for September 21.
According to the State’s case, the first incident occurred on August 28, around midnight, when Ndlovu discovered Emmanuel Godfrey sleeping on the pavement near Chinengudu Building. Using a concrete block, Ndlovu crushed Godfrey’s head, resulting in his immediate death. Shockingly, the accused then proceeded to slit open the deceased’s stomach and remove some organs.
Just three days later, on August 31, at approximately midnight, Ndlovu employed the same modus operandi, taking the life of another sleeping individual at the corner of Inez Terrace and Robert Mugabe Road. The accused’s violent spree continued on September 2, around 11 a.m., when Sabelo Masheo, aged 33, was awakened by Ndlovu’s attempt to kill him while he was sleeping behind Rainbow Towers. Masheo managed to escape, albeit with a deep cut on his head, and promptly reported the incident to the police.
Continuing his reign of terror, Ndlovu struck again on September 3, at around 1 a.m., when he approached yet another sleeping person at the corner of Nelson Mandela Avenue and Seventh Street, instantly taking their life with a large stone. The following day, in a bushy area near Mupedzanhamo, at the intersection of Cripps Road and Remembrance Drive in Mbare, the accused claimed the life of a vagabond who was asleep.
The investigation took a significant turn when detectives from CID Homicide Harare received crucial information linking Ndlovu to the series of killings. Acting swiftly, the detectives apprehended the suspect near Simon Mazorodze flyover in Harare. During the arrest, they discovered blood-stained clothing worn by Ndlovu at the time of the crimes, providing potential forensic evidence for the case.
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A small-business owner was asked to make a same-sex wedding cake. He does not make same-sex wedding cakes and declined. The couple claimed he declined because of their sexual orientation, which would violate Colorado’s non-discrimination ordinance.
The owner, Jack Phillips, took the case, Masterpiece Cakeshop, Ltd v. Colorado Civil Rights Commission, to the Supreme Court. He believes he does not lose his constitutional free speech rights simply because he opened up a business.
This article is part four in a five-part series examining the many different questions the case presents. This article asks when business owners can legally discriminate.
This article looks at four questions:
- What reasons for discrimination are forbidden?
- Is discrimination against same-sex weddings and same-sex couples the same?
- Do non-discrimination laws trump first amendment protections?
- Does the size of a business matter?
“If You Open a Business You Can’t Discriminate Against People”
In the United States, you can discriminate by default for most reasons. If the word “discriminate” sets off your alarm bells replace it with distinguish, differentiate, or single out, synonyms that should help you understand the concept without the baggage.
The baggage, of course, is that historically, people have discriminated for reasons based on no more than their prejudice. So in 1964, the United States passed the Civil Rights act that said businesses could continue to discriminate for every reason, except the following:
- National Origin
In 2008, Colorado passed their own non-discrimination law that added the following reasons:
- Sexual Orientation
- Marital Status
These are called “class-based” reasons, and Phillips and any other business owner could have legally turned down the same-sex wedding cake for any other reason besides those nine.
Are Same-Sex Weddings One of Those Illegal Reasons?
In this case we know the reason Phillips discriminated. He did not want to celebrate a same-sex marriage. Is that the same as discriminating against LGBT+ individuals?
If the Supreme Court answers no, then Phillips wins the case, no other questions asked.
So how can you legally decide if something counts as class-based discrimination?
The case Bray v. Alexandria Women’s Health Clinic answered.
Jayne Bray protested at abortion clinics. One clinic sued her. They alleged that because Bray’s protests targeted women it violated a federal non-discrimination ordinance. The Supreme Court created a process to determine if discrimination should count as “class-based:”
- Does one class of people make up the vast majority of people who participate in what is being discriminated against? (wearing yarmulkes for example)
- Does the person discriminating hate that group (or have “invidiously discriminatory animus” in Supreme Court language)?
In the Bray case, the Court found that while protesting abortions did overwhelmingly target women, “it cannot be denied that there are common and respectable reasons for opposing it, other than hatred,” so Bray won the case.
Like abortion, same-sex weddings are overwhelmingly engaged in by a protected-class, but are also very politically and morally controversial.
The Supreme Court has used this test in the past to determine if discrimination against LGBT+ behaviors should legally count as discrimination against LGBT+ individuals. In fact, each time the Supreme Court needed to make this distinction it returned to these same two questions.
Does Phillips’ Discrimination Pass the Bray Test?
Let’s use this same test on the Phillips case.
- Do LGBT+ individuals make up the vast majority of people who participate in same-sex weddings? Yes cleary.
- Does Phillips hate LGBT+ individuals, or does he have another reason for singling out same-sex weddings? Let’s dig into this question.
Evidence that Phillips Hates LGBT+
- He won’t serve same-sex weddings
Evidence that Phillips Doesn’t Hate LGBT+
- He often serves LGBT+ individuals
- He’s employed LGBT+ individuals
- There are many kinds of cakes he won’t make: Halloween cakes, sexually-explicit cakes, divorce cakes, cakes with alcohol.
The evidence suggests there must be some reason Phillips declines all these cakes. Religious belief perhaps?
Of course, many people will say that religion is only a smoke screen. That the only honest reason for not baking for a same-sex wedding is hatred. The Supreme Court, however, has already disagreed.
They wrote, “Many who deem same-sex marriage to be wrong reach that conclusion based on decent and honorable premises,” nearly mirroring the language of the Bray ruling.
Justice Kennedy who many see as the swing vote on this case wrote those words, and signed onto the majority opinion in the Bray case.
Does the Bill of Rights Protect Business Owners?
In the previous two articles, we looked at the argument that Colorado’s law violated Phillips’ right to free speech and his right to free-exercise of religion.
Many dismiss those entire articles because they believe that Masterpiece Cakeshop does not have constitutional rights because it is a business and not a person.
These people make two basic arguments:
- Everyone has the constitutional right to not be discriminated against
- Constitutional rights do not apply to businesses
Let’s tackle these one at a time.
“Everyone has the Constitutional Right to Not Be Discriminated Against.”
There is no constitutional right to be free from discrimination from an individual, business, or organization.
This might sound terrible, but it’s usually good. A business should be able to discriminate against an obnoxious customer for being rowdy. A consumer should be able to discriminate against businesses whose practices they dislike. A college should be able to discriminate against students with bad grades, etc.
Trust me, you want businesses to be able to pursue moral goals. Many cheered when the NCAA discriminated against North Carolina because they did not like their laws about transgender individuals, or when Apple discriminated against apps that used the Confederate flag.
If businesses can’t try to do “the right thing” all they have left is trying to make as much money as they possibly can no matter who they hurt along the way.
The constitution guarantees freedom from discrimination from the government, but only from the government.
Do Constitutional Rights Apply to Businesses?
Businesses are run by individuals with constitutional rights, and constitutional rights are good for nothing if you must abandon them to make a living.
Tim Cook, the CEO of Apple recently said it well, “A company is not some faceless, shapeless thing. A company is a collection of human beings. . . . A company like ours has a culture, it has values, and it has a voice. And the positions we take will continue to guide our actions.”
In the context of non-discrimination ordinances, the Supreme Court has already answered this question. Each time a non-discrimination ordinance comes before the Supreme Court, they ask the same question:
- Does the non-discrimination law interfere with the organization’s constitutionally protected rights?
Sometimes the answer is no, such as the case of a law-firm trying to exclude a woman. But sometimes the answer is yes, such as the case of an LGBT+ leader suing to be included by Boy Scouts. In that case, even though Boy Scouts is not a public accommodation, the Supreme Court found even if they were, the requirement to have an LGBT+ leader would have interfered with their constitutional rights.
The common thread in each of these cases is that public accommodations can be exempt from non-discrimination laws if they can prove it violates their constitutional rights. This is not odd, it is the same standard that applies to all organizations and all laws in the United States.
In other words, the Supreme Court has been clear and consistent. You do not sign away your constitutional rights by opening up a business to the public.
Does the Size of Phillips’ Cakeshop Matter?
When the United States passed the Civil Rights Act of 1964, the law only impacted businesses with fifteen or more employees.
This had the effect of preventing cases like this one. Anyone could find a large enough public accommodation nearby to serve them, but no single individual would have to violate their conscience just because they opened up a business.
Colorado’s non-discrimination ordinance, however, did not include a protective size limit.
The Supreme Court has never answered whether or not the size of a business affects the rights of its owner. But the court could reasonably conclude that in businesses as small as Phillips’, business rights and individual rights are interchangeable.
The Supreme Court created a template for this finding in the case Burwell v. Hobby Lobby, when they found that corporations that are largely owned by one individual or family do qualify for some rights because their owners use those corporations to achieve constitutionally protected means, like promoting Christian beliefs.
The Supreme Court could also find that by not-including a minimum size, Colorado did not “narrowly tailor” the law as required by the strict scrutiny requirements.
An atheist baker believes that religion is the cause of the world’s problems. He specifically thinks Evangelical Christians are the source of many of the problems in the United States.
He does, however, often serve Christian customers. One comes in and asks for a cake for a baptism. The baker can’t refuse Christians because of Colorado’s non-discrimination law, but can he refuse to make a cake for a baptism?
Should the government coerce him into helping to create more of the people he so loathes?
Tomorrow in our final article in the series, we’ll look at the potential ramifications of the case.
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A law enforcement official is an individual who keeps and defends the law. They are responsible for the security of the residents and endeavour to achieve amity by risking their lives. It is hard being a law enforcement officer as it brings about a lot of difficulties. But all of it is worthwhile since you are doing everything for the greater good. Now then, let us see how to become a police officer.
Table Of Contents
- Average Police Officer Salary
- Police Officer Career Outlook
- How To Become A Cop
- Police Officer Job Description
How Much Does A Police Officer Make in Herndon Virginia?
Police officers are one of the hardest working people. They put their lives in jeopardy in order to do their job. However, their pay isn’t that great when compared to others like Physicians or Veterinarians. They are privy to a lot of paybacks being a police officer, though. A law enforcement officer’s salary is controlled by several things like the location he is working in, how many hours he/she works, and what unit he is working under. Now we will use this chance to reveal to you the typical salary of dissimilar law enforcement officials and show how they can earn more.[asd_program_button /]
One of the most influential elements that decide the income of a law enforcement officer is the city he or she is employed in. Some of the poorer cities or counties cannot afford to pay their cops all that much. They are paid minimum wage and must buy their own equipment. In larger cities, the cops are paid relatively well and get an allowance for equipment and uniform.
The highest paid salary was recorded in New Jersey at about $81,000. South Mississippi, on the other hand, recorded the lowest salary ever with an average of $31,000. This again differs based on the region an individual is employed in. If an individual is stationed in an urban centre they are expected to earn more. On the other hand, an individual deployed to a small town might earn little, despite the fact that he or she is stationed in New Jersey.
Much the same as different occupations, on the off chance that you have more experience, your salary will be higher. As a law enforcement officer your pay will probably rise by around 30-40% assuming that you have 20 years of experience over your counterparts. The mean median in the U.S., which takes into account the salaries of cops of all ages, is around $49,000.
As a police officer, you can get promoted to a variety of different jobs, which are likely to pay more. A small number of these positions include the title of Security Officer, Police Detective, Police Chief, and the list goes on. Every one of these titles carries with them a substantial salary increase. The following is a depiction of what each rank is paid in relation to the others: Patrol Office < Detective <Supervisor < Chief < Lieutenant < Commissioner. The commissioner clearly stands to get a compensation of around $71,000 or even $80,000, with experience as a normal pay.
Herndon Police Unit
As stated previously, another determinant that influences the salary you receive is the unit you are assigned to. As an illustration, in the event that you are assigned to the narcotics unit, your pay might possibly be higher than that of a typical patrol officer. Or if you are in homicide, you might earn a hefty amount too. A forensics science technician can bring in roughly about $55,000 (at the same time, a Sheriff’s patrol might bring in about $57,000 in similar circumstances). Probation officers bring in slightly less than forensic technicians.
Another factor deciding a police officer’s income is the number of hours they put in. On the off chance that they must work late into the night on a case or they have court duty, they earn more. They are also paid extra if they work overtime or on weekends.
Many folk won’t fret about the pay that a law enforcement officer mainly because of the incentives that they get. One of the main incentives offered is pension. Conventionally, some are obligated to gain no less than 15 years of experience working in the force in advance of getting a pension. Therefore, a person may begin early and then stop working by the age of 40 to obtain a pension and be employed elsewhere.
You likewise receive decent health insurance to assist yourself in the event you get hurt or fall ill, which in the case of police officers is fairly frequent.
Another informal bonus you receive is lots of free food and drinks when you’re on the clock. Though this creates questions of morality and it is totally up to your worth ethic to decide whether or not you will receive such benefits. The same goes for any relationships you may have built with folks during your time as a cop.
You likewise, obviously, do get the chance to meet some well-known individuals while attempting to shield them or furnishing them with security.
The occupation of a law enforcement officer is tough and the compensation isn’t substantial. But, in the event that you have a powerful sentiment of justice and the compulsion to protect individuals, then this occupation might be the right fit for you. Furthermore, it is a highly reputable profession, one that allows you to have a protected retirement and supplies you with healthcare incentives. What more could one ask for after saving the day and being proclaimed a hero in the eyes of some?
Career and Employment Outlook For Cops In Herndon
Selecting a profession is a significant decision. One of the key elements to contemplate while doing so is the prospect of that career. The career outlook of all professions is typically furnished by the Bureau of Labor Statistics. The elements that start to have an effect while forecasting this consist of the future requirement for that occupation and the spending pattern of businesses. Let us look at the career prospects for a police officer.[asd_program_button /]
As of 2014, there were about 806,000 jobs held by police officers. This is expected to rise by about 4% in the next 10 years. This rate of expansion is more lethargic than the median of other professions. This is understood to be that 33,000 fresh jobs will be generated for law enforcement officers. Since police officers are generally employed by the government, their employment largely depends on the political situation in the region. A few cities might desire to allocate more of their budget to cops but others might funnel more of their finances into other types of development.
How To Become A Herndon Police Officer
The education requirements of a police officer aren’t that much as mentioned before. In most cases, they just need to have a high school degree. However, sometimes, a minimum of two years of college course completion is necessary. This implies a GED or an associate’s degree is all you need. Should you have a desire to join a division like cyber-crime or forensics, you may need certification that’s higher than a diploma or associate’s degree. Getting placed at the government level necessitates that you have a four-year college certificate. You will undergo a written exam preceding entry into the police academy. This will predominantly be centred on morals, the information that you picked up in high school, and some broad information.[asd_program_search_bar /]
The minimum age required is about 18-21 years, depending on the department you are applying to. Since the job of a cop is physically challenging, you must guarantee that you have sufficient stamina, endurance, and strength. To guarantee this, the selection procedure incorporates a Physical Ability Tests or (PAT). Here you are required to do several physical tests encompassing mile long runs, sprints, obstacle courses, etc. It might similarly contain sit-ups, weight lifting, and additional exercises to gauge fitness levels.
Supposing that you have a rap sheet, then it is the basis for the prompt rejection of your application. Consequently, an unsullied record is an unquestionable requirement for applying for entry into a police academy. If an unusual situation exists and these offenses were minor in nature, then the department may not consider the offenses when deciding whether or not to hire you. You can also expect a very thorough and comprehensive background check. They check your records, as well as go to your past and existing employers, and relatives. They will find out if any form of your behaviour is undesirable in the police academy. The use of narcotics and other controlled substances is forbidden. You must not have gotten a DUI ticket in the most recent ten years. During the selection process, a medical test is done, which includes various urine and blood tests. These exams are performed for this very purpose — to determine the consumption of controlled substances.
All police officers need to be mentally tough. They encounter a lot of horrific imageries each day, but homicide detectives encounter them the most. They need to have adequate mental resilience to remain sturdy and to continue working in the profession. They require the ability to make judgments under extreme duress, and it is imperative that they be the right ones. Every single time they make a choice; it might be a life and death situation for someone.
To ensure that the aspiring officers have what it takes to endure all of this, the selection process has a mental examination called the oral board. Here high-ranking officers create situations of high intensity and force you to make choices at such times. There is also a psychology test to ensure that you have the right personality type to be a police officer.
As you can see, the occupation of being a cop is pretty demanding, and so are its prerequisites. One prerequisite that was not stated previously is self-restraint and respect for rules. They need you to follow your superior’s order whenever they make one. So with the demanding nature of the profession and training now known to you, just one question is left: Do you have what it takes?
What Does A Herndon Police Officer Do?
People are quick to mouth off the cops. But little do they know how much work a cop must do. Cops receive arduous training in order to hold the position they do. The obligations of a law enforcement officer mainly depend on the area in which they are based. It likewise relies upon their specialization. However, due to the lower crime rates in rural areas, there is rarely any chance for a person to specialize in any given field. Let us see some of the duties of an average police officer.[asd_program_button /]
The primary responsibility of a police officer is to keep law and order. They patrol the area they are assigned and look for people who are breaking the law. It is their obligation to make these persons realize that their actions are against the law or arrest them. If required they can also call for backup and arrest the suspect causing the nuisance. Hence, as give and take, a law enforcement officer is likewise duty-bound to reply to calls by other law enforcement officers amid watch regardless of the possibility that the law enforcement officer being referred to is not in his assigned territory. They present the detainee in the court of law and let them handle the punishment of the criminal.
Many public and private events are threatened daily by some terrorists or some other criminals. Police officers are then supposed to secure the area and look for lawbreakers at these events. From time to time, they must guard a VIP or even a gathering of certain people. On other occasions, they must secure a courthouse or other prominent places. Every now and then, they must transport a lawbreaker to and from court.
Investigate Herndon Crime
A lot of cops must examine the criminal offenses they encounter. For instance, on the off chance that they come upon a homicide, they should attempt to discover who did it and how it happened. Conversely, if it so happens that they encounter narcotics of any kind, they are obligated to probe its source. They are obligated to collect whatever evidence that they think is relevant and submit it to their superiors or to the forensics department for additional inquiry. On some occasions, to obtain evidence, they are allowed to lie or mislead a suspect to get them to confess their guilt. A confession is the best proof any officer can have.
Protect Herndon Citizens
One of the most important responsibilities of a police officer is assisting residents. They are supposed to prevent them from any harm. To do as such, they can harm or shoot a conceivable aggressor who may bring about injury to the police or residents. Therefore, they are entitled to bear weapons. They have the option of calling for reinforcements if the situation deteriorates. Sometimes they might also have to deal with explosives and if possible, disarm it themselves.
A few officers are obligated to modulate the stream of traffic in the event that traffic lights stop operating. They are supposed to ensure that the cars travel in a smooth flow and do not crash into each other or cause any other accidents. They are also supposed to note down any traffic violations and report the driver to the court. From time to time, they are expected to take care of parking violations.
There are often different units within a certain police station. These act in their own accord. These may be a special operations division, SWAT, the forensics department, serial murder investigation, or anything similar. Hence, the tasks a law enforcement officer must perform rely heavily upon the unit he is placed with. These units like SWAT, the forensics department, serial murder investigation, or anything similar can be specialized to serve one purpose.
One of the most basic duties of a police officer is to read any suspect they are arresting or detaining their rights. They are obligated to call a lawyer for the detainee even if he or she can’t afford one. They are likewise supposed to operate inside the boundaries of the law and make certain that they themselves aren’t disregarding it. Each and every captive must be notified of why they are being apprehended. On the off chance a person isn’t being arrested, then they have the privilege to leave, and a law enforcement official is required to give that individual a chance to practice that privilege.
The work of a cop is not always risky (or exhilarating) as one might think. The records department handles all the case files and maintains them along with the evidence. To assist the records division, every law enforcement officer is supposed to do paperwork subsequent to every arrest or transfer. They are required to fill out an in-depth account of each case signing in all the proof that they have accumulated. They likewise are obligated to compose warrants and get a judge’s signature on them in advance of taking active action.
The number of hours cops spend working each day changes based on the case they are working on. If there is no current case that he or she is working on, then they may go home at the prescribed time In different cases, they are obligated to chase leads until their interest is appeased for the day. Sometimes they are stuck doing paperwork all night or in a stakeout waiting for a suspect to ‘make a move’. As a police officer, they are supposed to ensure that their judgment isn’t based on race or gender. They are supposed to stay completely impartial. They are also supposed to respect religious sentiments of any suspect even at the time of an arrest.
The tasks and responsibilities of a cop go on and on. This doesn’t even begin to cover it. Now that you have knowledge of all of this, I am sure you hold law enforcement officers in more esteem now. So, in the event that you intend on joining their ranks, you will be acquainted with what you’re expected to do.
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Fidesz MEPs welcome EP position on regulation of AI transparency
The negotiating position, a first step towards legislation on the matter, was adopted with 499 votes in favour, 28 against and 93 abstentions.
Balazs Hidveghi said the law should focus on consumer protection.
MEP Edina Toth said “we support innovation but we must also consider the dangers of implementation, and set up a legal framework so that AI can work as a safe tool for citizens and companies.
The position emphasised that AI development in Europe should be in line with European fundamental rights and values.
EU legislation is planned to establish obligations according to the level of risk of any particular application of AI. It would fully ban biometric identification, biometric catergorisation of sensitive personal data, predictive policing systems, and untargeted scraping of facial images from the internet or CCTV footage to create facial recognition databases, among others, the European Parliament said.
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The West Virginia Chapter of the Sierra Club has endorsed Lissa Lucas for WV House of Delegates in District 7. This means that Lissa has actually received the endorsement of the Sierra Club AND the United Mine Workers of America, both.
“I’m proud of that,” she says.
It’s no wonder. That she has them both illustrates her message perfectly: that the key issues facing West Virginians cross the divides that those in power are using to keep us apart.
West Virginians must unite and stand up for each other
“Corporate politicians repeat their corporate talking points, and try to convince regular people that it’s impossible to fight for workers and communities at the same time. They don’t want us uniting and fixing these problems, because they’re the ones benefiting in money and power from our current broken system…”
Fossil-fuel workers and environmentalists endorse the same candidate
“… I’m the jobs candidate—with mineworkers and pipefitters and construction trades behind me—AND I’m the property rights candidate,” Lissa says. “I’m knocking doors and listening to what folks’ concerns actually are. And the people out here are demanding basic services and infrastructure like maintained roads, functioning sewers, and clean running water.”
Lissa explains, “Many folks here in my district work in the oil and gas industry. They care about their constitutional rights, and they care about their neighbors, too. We’re all united in that, no matter what party we belong to: We don’t like the threats of corporate property seizure; we don’t like that mineral owners can now be forced into leases. We don’t like that property is being stolen and property values being damaged just to boost profits for out-of-state shareholders and executives. That’s why industry lobbyists have begun smearing the people speaking out against forced leasing and property seizures, smearing them even when they work in the field. But speaking out against the corporate theft of property is coming from both sides of the aisle. Because, dammit, demanding the protection of our constitutional rights is NOT too much to ask!”
Lissa believes the legislature has to get its priorities straight.
“We need to pay our teachers and school personnel good wages, and fully fund PEIA. We need to maintain our roads, and assist small towns in upgrading water and sewer systems,” Lissa says. “To do that, we desperately need to raise severance tax, among other things. But as long as we elect legislators who are being paid by and are therefore beholden to these corporations, it will never get passed, and things will continue to go downhill for most of us.”
We have to plan for the future—like we never did with coal.
Lissa has been speaking out from the start of her campaign about a West Virginia where regular people have real opportunity to do better. She wants to see a state government that prioritizes ongoing, concrete assistance to rural communities.
In her district, she says concerns about crumbling water/sewer treatment systems, and hazardous dilapidated buildings are common, yet small town mayors and councils have trouble even getting calls returned from public officials.
“We want our state government to start investing the return on today’s natural resources to diversify our future economy,” Lissa says.
She believes we have to plan NOW for a just transition to plentiful, clean renewable sources of energy. “But we have to do it in a way that doesn’t just discard our fossil fuel workers and their communities, like miners have been discarded,” she explains. “West Virginians want to be able to work hard and get rewarded for that hard work. We want the government to step in and protect retirees when corporations threaten to steal pensions, like Peabody/Patriot Coal did with miner pensions. But right now, with gas, we’re repeating the same mistakes that led to the dire state our coal counties are in.”
Justin Raines, recently elected chair of the West Virginia chapter of the Sierra Club, shares those concerns. “There’s no one in West Virginia who cares more than Lissa about the natural wonders of our state and the people who live here.” Raines, who worked in the oil fields for 12 years, explains that the WV chapter of Sierra is setting out on a new path, focusing on justice for communities laid waste by coal and gas extraction, and on fighting for a decent future for West Virginia workers.
“These companies have to start paying for the damage they do,” Lissa notes. “Heavy trucks do about 99% of all non-weather related damage to roads, but the companies pay only about 35% of maintenance costs Meanwhile, it costs WV drivers an average of more than $1300 per year in car repairs to drive on roads in poor condition.”
As for our water, Lissa points out that corporations are shifting costs and risks onto fossil fuel communities in order to boost corporate profit at the expense of the rest of us: “For instance, our public water system isn’t designed to detect the sorts of chemicals that might be creeping in from Antero’s new frack dump, just like Parkersburg’s system didn’t detect C8, and Charleston’s didn’t detect MCHM. Yet Antero sited their toxic landfill within the peripheral zone of concern for the ONLY public drinking water intake in the whole county. It’s beyond irresponsible.”
“We’ll save money” is actually the excuse Antero gave when asked why they sited their dump so near the public water intake. There are plenty of places in the county that Antero could have put that dump, but they chose the site that creates significant long-term risks to people in Harrisville, Pennsboro, Ellenboro, and Cairo, because that was best for their bottom line. And they were allowed to put it there because they bought approval from politicians at the highest levels of government.
“Right now,” Lissa explains, “if it’s less expensive for a corporation to put their waste near our drinking water, then that’s where it goes. That’s what the lobbyists are paying our legislators for. That’s why I’m refusing to take that corporate energy money, because we can’t continue to allow all those costs and risks to be placed on rural communities… and I want my district to know that they’re far more important than lobbyists and corporate profit.”
Protecting our small towns and rural areas from corporate theft
Lissa and the Sierra Club both want to see WV elect representatives who’ll make sure that we don’t concentrate huge long term costs and risks on the people who live here. Yet out-of-state corporations, execs, and shareholders who want what’s ours pour money into our political campaigns while regular citizen property owners can’t compete.
“And worse,” Lissa explains, “once in office, the politicians taking that money go on to bend state laws and pressure agencies to help wealthy campaign donors at the expense of regular people. Rural families are left with a big legal burden when our government representatives are essentially paid to help these companies take legal advantage. Regular people don’t have the money to fight an army of industry lawyers.”
For example, Lissa’s opponent takes massive amounts of corporate cash. His whole campaign is floated by that corporate money, including donations from corporate PACs and lobbyists of Antero (of the local frack dump), TransCanada (seizing property for the pipeline going through Ritchie County), EQT, and more.
He took that money, then sponsored a bill to allow gas and oil companies to trespass on private property without permission so the corporations can see if there’s any property there they might want to seize.
“I’m not saying he changed his vote for the money. I’m just saying that when the politicians are beholden to these companies for campaign financing, corporations choose the people who’ll help them. They put their people in office. They’re not financing candidates who are fighting to protect people from their own corporate seizures, you know?”
Accordingly, Lissa’s opponent voted for the forced leasing bill—voted to take property rights away from mineral owners—three times this year. And it ultimately passed. Yet that does nothing to help the people in the district, and in some cases just makes things worse.
Lissa observes, “Right now, private property has being seized for a pipeline in the southern part of Ritchie, while small towns are still struggling to provide functioning water and sewer services.”
Both parties have been bought
But Lissa points out that it’s not an issue with one party. Members of both parties take that money. For example, Antero lobbyists and execs have donated not only to her Republican opponent, but also to Democratic former Governor Tomblin.
“There were Republicans that voted to protect property rights, and against the forced leasing, for example,” she notes. “And Governor Tomblin took that dirty money to support the dump, the exact same way my opponent is taking it. Tomblin didn’t come out here and spend time with the people whose property values would be negatively affected. So it’s not Republicans versus Democrats. It’s these big out-of-state companies and their hand-picked representatives versus the rest of us.”
According to Lissa, just taking that money creates a problem, whether the politician is literally selling his vote or not. “When you take that money, it means people can’t trust they’re being faithfully represented.”
“We should always be striving to demonstrate outward signs of our good faith to the people we represent. Out of respect for voters, we should take pains to be as absolutely clear as possible: we’re working for the people, we put them first. Yet many of our so-called ‘representatives’ seem to spend more time being wined and dined by wealthy lobbyists than they spend with voters. The bottom line,” Lissa says, “is that no one should ever have to wonder ‘Is my representative going to stand up for me, or for the corporations who gave him all that money?’ It shouldn’t even be a question. That’s why taking the money is wrong.”
Unite our fight
That’s also why Lissa is fighting to get the money out of politics. And she walks the walk: her campaign finance reports reflect that commitment. Unlike her opponent, she doesn’t take money from the companies and PACs that are victimizing her neighbors or her community.
And this is another reason the Sierra Club is standing with Lissa.
“A lot of lobbyists and politicians in Charleston are genuinely afraid of Lissa Lucas shining a light on their dirty dealings,” Raines points out. “I watched as they had her dragged from a public hearing for listing the money they’d taken to give away the property rights of regular West Virginians. Lissa represents the kind of honesty, integrity, and fearless dedication to the people of West Virginia that is so desperately needed in our corrupt legislature. The West Virginia Chapter of Sierra Club is proud to endorse this incredible woman.”
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Nineteen attendees of two West Jakarta night clubs were arrested during the early hours of Saturday morning for consuming narcotics.
The Jakarta Narcotics Agency’s (BNNP) prevention division head, Safari Parto Diharjo, said that 17 clubbers — four women and 13 men —at Millle’s and two people at Illigal’s tested positive for various substances.
“[They used anything from] hashish, crystal methamphetamine, amphetamine, ecstasy and heroin,” Safari said. “It’s extraordinary. It means that there is a heroin trafficking syndicate here.”
At Illigal’s, the two visitor’s arrested tested positive for benzodiazepines and crystal meth.
Law enforcers — a joint team consisting of 70 officers from the BNNP, the Jakarta police and the military — did not find drugs at the clubs, but still hauled in users to the BNNP’s office for further investigation.
“One security officer tried to stop us, so we had to gather security guards and explain our purpose. It was chaotic, but we asked for permission. We then turned off the music and turned on the lights and started testing [people] randomly.”
The attendees were surprised, but police officers moved quickly in picking out people randomly. They selected those who were seen sweating profusely and dancing enthusiastically.
The BNNP also tried to determine if those taken into custody were simply drug users or also traffickers.
“If they are also drug dealers, their punishment will be heavier,” the drug prevention division head stated. “However, if they are only victims or users, we will rehabilitate them as stipulated by the 2009 Law on Narcotics.”
The agency said it would conduct routine raids on Jakarta night clubs that are considered prone to drug trafficking and consumption as a way to support the government’s plan to erradicate illegal drug use by 2015.
Meanwhile, the BNNP raided the Stadium discotheque in Taman Sari, West Jakarta, last Saturday. Thirty-five clubgoers were given urine tests on the spot, though only five of them tested positive for drug consumption.
By Camelia Pasandaran on May 11, 2013.
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What is Joint Liability?
How Does Joint Liability Work?
Joint liability is best illustrated by two married people who apply jointly for a credit card to maximize the amount of money they can borrow. If the credit card company approves their application, both spouses are responsible for any balance charged to the card. Should one spouse default on payments, the other is still liable for the full amount.
In a business partnership, joint liability includes a shared responsibility among all partners for damages, injuries or any outstanding debts. In other words, if a court finds a partnership at fault in a lawsuit, all compensation payments are the responsibility of all partners.
Why Does Joint Liability Matter?
Individuals seeking joint liability for credit must be aware of whom they choose to participate in a joint liability, because debts incurred by any one party become the obligation of all parties. Likewise, a partner in a partnership firm must be aware of any illegal or suspicious activities hold the other partners accountable, because all partners suffer the consequences if the firm is prosecuted and punished.
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Rail cars damaged at GCRS
Monday afternoon, Officer J.T. Gillen, with the Orange Police Dept., responded to a call at Gulf Coast Rail Services, in the 1300 block of Front St., in reference to a criminal mischief call.
When Officer Gillen arrived, he met with John Lynch, of GCRS. Lynch told police that an unkown suspect damaged four rail cars belonging to Harsco Rail Technologies.
The damage was made to a locomotive, sleeping car, dining car and parts car. Numerous windows had been broken out, fire extinguishers discharged and all the cabinets and closets were empty, and the items had been rummaged through.
Lynch told police that he had not seen or inspected the cars in the last week as he inspects them once a week.
Lynch could not provide an estimate on damages, and he said he would be contacting the Texas Railroad Police in reference to the accident.
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Howard County DUI Cases
DUI Cases in Howard County are heard in the District Court in Ellicott City where your case will most likely be presented before a judge. In Howard County DUI cases are treated very seriously and often carry serious penalties including fines and jail time. As a result, it is important that if you are charged you consult with a Howard County DUI lawyer as soon as possible to discuss your case and begin building a defense.
DUI Case Basics
In any DUI case in the state of Maryland, there is a burden of proof on the state to prove the action beyond a reasonable doubt. This means proving that the officer did have probable cause to stop the vehicle the night of the incident, that the officer observed you driving the car, and that you did give the officer what would be termed a reasonable, articulable suspicion to take you into custody and give you a breath or blood test.
It is on the state to bring forth all this evidence and it must be testified to under oath in court by the officer or officers involved in the stop. This includes testimony as to the test results from the officer who conducted the breath or blood test.
Length of a DUI Case
Depending on the officer’s availability, usually no less than six weeks after the date of the incident, but generally a bit longer. All hearing dates are set on the officer’s court schedule. You have to take into consideration that there is only one District Court for the county, so the volume of cases can affect how quickly your case is heard. Sometimes these matters can take upwards of eight to 12 weeks depending on the time of the year and volume.
There is a variety of evidence that may be used in a DUI, the first of which has to do with why the officer stopped the vehicle in the first place. The next important evidence is that which is of the officer’s observation of the vehicle when they made the stop and any observations of you that they made such as:
- Bloodshot or watery eyes
- Odor of alcohol
- Slurred speech
Following these observations, the next evidence will be the Standard Field Sobriety Tests and how you did and any video or audio evidence that was taken at the scene. Then finally, your breath or blood test scores.
Howard County DUI Trends
Generally, clients have called in saying they had gone out earlier in the evening, had a couple of drinks and then stopped drinking for a few hours. They waited and once they felt enough time had passed, they proceeded to leave and drive home thinking there were sober. Given the relatively low numbers for breath of blood tests that attorneys sometimes see (such as .08 or .09) it is apparent that the person did wait, just not long enough.
It takes a bit longer to burn off all that alcohol than most people think. Thus, people have to be careful with what they are drinking and not how much, because just one or two of those stronger drinks are no different than four or five beers. So it takes a little bit longer to burn off all that alcohol because the concentration has become substantially stronger over the last several years.
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Is mediation for me? Mediation misconceptions abound. Read on to see those myths demystified.
1. “Mediation is only for couples who really want to get back together.”
Mediation and marriage counseling are NOT the same. While mediation can improve communication, the intended outcome is not reconciliation.
Mediation is for people who want to get through the divorce process efficiently and get on with their lives. It helps individuals remain in control of their lives and make decisions based on their unique needs (and those of their children), not on being half of a couple.
2. “My spouse intimidates me. I need a lawyer to protect my best interests. Won’t a mediator take my spouse’s side?”
You are the best person to protect yourself. You know your needs and interests better than anyone else. A mediator is a facilitator skilled at empowering self-determination and providing an effective process and environment for settlement.
The objective of divorce mediation is to increase both parties’ understanding and knowledge of individual needs and interests. Mediation allows you to address issues and creates a communication pathway. This is very important especially if there are children involved.
3. “My spouse and I aren’t even speaking with each other. There is no way mediation will work for us.”
The truth is that most people going through a divorce have communication problems. The complexity of problems will vary. A divorce mediator is a qualified professional who helps ensure your communication and negotiations stay on track without getting derailed by emotions.
4. “Couples who have ‘real’ problems cannot mediate.”
In reality if you didn’t have ‘real’ problems you wouldn’t need a divorce mediator. You would resolve your issues independently. As an impartial third party, your divorce mediator works with you and your spouse to reframe your problems and generate workable solutions that are customized for your unique situation.
5. “Our attorneys are urging us to settle. We don’t need a mediator.”
This is a common misnomer. It is important to understand that attorneys are advocates for their client’s needs, wants and legal rights. An advocate is not a facilitator. Settlement meetings that include two advocates lacks the most common component of settlement – a neutral facilitator to manage the process, maintain a respectful and productive environment and reframe issues for better understanding. In most cases, adding a mediator to settlement discussions actually saves money because the process is streamlined when managed by a neutral.
Adapted from an article at DivorceMagazine.com (2003)
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ICC Note: The Colorado School of Mines was recently sued by an alumnus after he was prohibited from citing Scripture on a personalized donor nameplate. He was told that any references to Bible verses that contained the words, “Lord,” “God,” or “Jesus” on the plates would be a violation the First Amendment. Alliance Defending Freedom recently stated that they are dropping a lawsuit against the school because the university has announced that all of the plates would be removed in order to settle the matter.
By Heather Clark
02/10/2016 United States (Christian News Network) – A university in Colorado that was sued by a former football player whose desire to cite two Scriptures on a donor nameplate was rejected by university officials has now decided to remove all donor nameplates rather than agree to allow the Bible verses.
As previously reported, as the Colorado School of Mines announced its plans last year to build a new athletic facility, alumni Michael Lucas, a former defensive tackle for the school’s football team, sought to donate toward the effort.
The university had offered to place the names of donors on nameplates that would be displayed in the facility’s new locker room, and the plates could include a message or a quote.
Lucas subsequently presented his donation and included the text that he desired for his nameplate: “Colossians 3:23” and “Micah 5:9.” However, he was soon told that his request could not be accepted because one of the Bible verses uses the word “Lord”—even though the plate would only cite the verses and not contain the text of the Scriptures.
Officials with the Colorado School of Mines then informed Lucas that the plates couldn’t use the words “Lord,” “God” or “Jesus” and couldn’t reference any Bible verses that contained the words. They stated that it would be a violation of the First Amendment to do so.
Lucas subsequently filed a federal lawsuit contending that the university’s actions conversely violate his First Amendment right to freedom of speech. According to Lucas’ attorneys at Alliance Defending Freedom (ADF), the university had not informed donors that there were any restrictions on content, and other statements such as “Give ’em Hell” and “Take your wiskey clear” had been approved for other donors.
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MILWAUKEE -- Two Milwaukee aldermen have submitted a letter to Governor Scott Walker, calling for reform to the state's juvenile justice system. This, after the murder of beloved city worker Greg "Ziggy" Zyszkiewicz, who lost his life during an attempted carjacking near 23rd and Cherry on March 22nd.
In a statement to FOX6 News, the aldermen said the homicide of Zyszkiewicz is "one of the most recent in a long line of deaths and violent crimes caused by Milwaukee juveniles and young adults who have been in and out of the juvenile justice system for years."
They called the juvenile justice system one that's "dramatically broken," and they're asking for Governor Walker's help "expediting changes to reform the system."
Ald. Bob Donovan
The letter to Governor Walker from Alderman Bob Donovan and Alderman Mark Borkowski reads, in part:
“You have consistently shown yourself to be a leader unafraid of controversial positions and policies if you thought them in the best interests of Wisconsin. In that same spirit, we ask you to undertake a thorough audit and eventual reform of the state’s juvenile justice system. This has, for us, become a matter of the highest priority, a view shared by many of our Common Council colleagues and the residents we represent. It is to be acknowledged that this is no small undertaking, but the circumstances demand no less.”
Ald. Mark Borkowski
Alderman Donovan said he has heard a steady call from people across Milwaukee that a juvenile justice system revamp can no longer be delayed.
This conversation began last summer, after an especially violent August in Milwaukee following the officer-involved shooting of Sylville Smith. The renewed effort comes after the murder of Zyszkiewicz.
The three suspects charged in connection with his murder were all out on bail at the time.
As the chair and vice chair of the Milwaukee Common Council's Public Safety Committee, Donovan and Borkowski said judges need to hand down harsher sentences to first-time juvenile offenders.
"The bottom line is very simple: What's going on now in the juvenile justice system is failing this community and it's failing our young people," Donovan said. "We've got young people who seem to commit a series of crimes and they're not held accountable, and they graduate up in violence and in severity of the crimes they are committing. That needs to change."
"This is not acceptable, and we have to put an end to this," Borkowski said.
CLICK HERE to read the complete letter to Governor Walker from the aldermen.
Local activists against youth prisons said they agree -- the system is broken, but they said they fear a punitive approach will only do further damage.
"Instead of having $110,000 a year be funded to incarcerate a young person, we're saying, how do we redistribute those resources to intensively put it into community resources and agencies and communities so that the support can be given from the front end?" said Sharlen Moore, Milwaukee Youth Justice.
Police initially said five suspects had been taken into custody for the murder of Zyszkiewicz. Three of them have been criminally charged.
Prosecutors say this all began with a crime spree involving the theft of vehicles. Zyszkiewicz was shot in the head, and prosecutors say the man pictured below on the left, 17-year-old Deshaun Scott, pulled the trigger of a shotgun, killing the city worker with 33 years experience.
Deshaun Scott, Qhualan Shaw, Eric Smiley
17-year-old Deshaun Scott, 17-year-old Qhualun Shaw and 21-year-old Eric Smiley now face the following charges:
All three young men made their initial appearances in court Monday afternoon. Scott fought back tears in the courtroom.
Bail was set as follows:
All three will be back in court for their preliminary hearings on April 6th.
Homicide at 23rd and Cherry
According to the criminal complaint, "the three began the crime spree (on March 22nd) in a Toyota that had been stolen several weeks earlier. They drove that Toyota to a gas station to rob a person and obtain a second car, a Kia. From there they continued and tried to get a third car, a Mustang, but that incident ended with a homicide and the Mustang was not taken.
Later that day, the young men were caught in police chases involving both the Kia and Toyota.
Housing inspector with 33 years experience shot, killed near 23rd and Cherry
The complaint goes on to say "each defendant gave a statement implicating himself and the other two defendants."
As it relates to the fatal shooting of Greg Zyszkiewicz, the complaint says Deshaun Scott, the alleged gunman, "was riding in the Kia with Shaw and Smiley, looking for a car to take for Scott. Smiley was driving the Kia. They saw the victim on Cherry Street and made a couple U-turns past him. They stopped so they could rob him of the car. Scott got out with the shotgun, which had the butt sawed off and taped. Scott approached the victim and told him not to move. As Scott was adjusting his hand on the shotgun, it went off. He ran back to the Kia, and the three drove away."
Shaw's statement to police said "Scott fired the gun. Scott and Shaw ran back to the Kia, and Scott said that he fired the gun because he panicked when the victim grabbed for him."
Lastly, Smiley's statement indicated he "heard the shot and saw that Scott now had the shotgun."
The complaint indicates Scott fled the homicide scene in the Toyota. Around 5:45 p.m. Wednesday, officers spotted the Toyota near 26th and Auer in Milwaukee. Officers activated their squad's lights and siren to stop the Toyota. The complaint says the "Toyota disregarded these signals, sped up, ran several stop signs and stop lights, and ultimately crashed into a fence and tree, causing it to stop." Two persons inside the Toyota, Scott and one other person, were pinned inside the Toyota. The complaint says they "exited through the sun roof and were caught after a foot chase." Scott "had the key fob for the Toyota" and an officer identified him as the driver of the Toyota. The complaint says the "other occupant was a juvenile male."
Stolen car crashes near 27th and Hope
Around 6:00 p.m., police identified the stolen Kia in this case being driven near 25th and Chambers in Milwaukee. The complaint says "officers activated their squad's lights and siren to stop the Kia. The Kia disregarding these signals, sped up, ran several stop signs, and went the wrong way on a one-way street." Moments later, other officers spotted the Kia near 20th and Finn Streets. Again, the complaint indicates the Kia "accelerated away from them and ran several stop signs, gaining distance on the squad. The Kia stopped near 18th and Nash Streets, and the occupants fled on foot." Smiley, Shaw and a third person were all taken into custody a short time later. An officer identified Smiley as the person driving the Kia.
Stolen car abandoned at 18th and Nash
According to the criminal complaint, Smiley was convicted of felony theft in June 2016. He was not allowed to possess a firearm but "remained released on bail in that case with a condition that he commit no new crime." Court records also show Smiley was out on bail in another case involving felon in possession of a firearm and felony bail jumping.
As for Qhualun Shaw, the complaint says he was out on bail in a felony case of operating a motor vehicle without the owner's consent. A "condition of his bond is that he commit no crime."
As for the domestic violence charge against Smiley, the complaint says it stems from an alleged incident that happened around 11:00 a.m. on March 22nd. The complaint indicates Smiley called the mother of his six-month-old child, "asking if he could come get their son. She told him no." A short time later, Smiley apparently pulled up at the woman's house "carrying a sawed off shotgun." The complaint says she yelled at Smiley "to get away, and he pounded on the house with the shotgun." The two apparently argued outside and "he punched her in the face several times and bit her arm." The complaint goes on to say when Smiley tried to leave, "she tried to put the Kia in park so he would be there when the police arrived. He ended up grabbing her until she let go of the steering wheel." When police did arrive, Smiley was gone and the woman "had swelling to her eye and bite marks to her arm."
A week after it happened, Wisconsin lawmakers on Wednesday, March 29th used Zyszkiewicz's murder to advance anti-crime legislation at the state Capitol.
Two Republican lawmakers are pushing a package of eight crime bills. They would: impose mandatory minimum sentences on repeat violent offenders, increase penalties for carjacking, and allow judges to sentence juveniles to longer terms in youth prisons.
Meanwhile, Alderman Tony Zielinski said in a statement on Tuesday, March 28th he plans to introduce a resolution in April, asking state legislators to toughen the laws when it comes to violent offenses, citing Zyszkiewicz's death.
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The second part of the Ketuba states the obligations of the husband towards his wife. The groom declares to his bride that he is taking her legally as his wife “according to the law of Moses and Israel”, implying that he accepts all the responsibilities of a Jewish husband.
The Tora established the three main duties of the husband towards his wife
1. she-erah: to provide his wife with sustenance
2. kesutah: to supply her clothing and lodging
3. ‘onatah: to cohabit with her.
1. she-erah. The first responsibility of the husband is tomaintain his wife financially. This is the first duty stated in the Tora (Exodus 21:10), in the language of the rabbis is called “mezonot” (food, i.e., alimony/aliment= food).
A few illustrations from Maimonides
MT, Ishut 12:10-11: The husband is obligated to supply food for his wife and children according to his material means. A husband who is poor should provide only two meals a day, and a wealthy husband should make provisions for having nutritious foods (meat, fish, or whatever is the local custom) every day.
MT, Ishut 12:16-17: If a husband leaves his home for a business trip overseas (in ancient days people would travel overseas for months or years, with virtually no possibility of communication) and the wife is left with no means to obtain food, the rabbinical court might confiscate and sell the husband’s assets to provide food for his wife and children, provided that at least three months have passed since the husband left. It was assumed that thoughtful husbands would leave sustenance for their families for at least 90 days.
Clothes: The husband has to supply his wife with appropriate clothing for each season of the year. Regarding the quality of this provision, the rule is that the husband must provide his wife with a level of clothing according to: a) what the husband can afford, b) the local custom, e.g., the social needs of a woman who lives in a farm are not the same as the needs of a woman who lives in a city (Maimonides, MT ishut 13:2). This category also includes the husband’s obligation to provide his wife with non-essential items (13:4) such as jewelry, cosmetics, etc. at a level which results from the balance between the husband’s financial possibilities and the wife’s social needs (=local custom).
Place of residence: The place of residence is sometimes determined and written in the Ketuba, if husband and wife agreed upon it in advance. If the husband wishes to change his usual place of residence, the wife is expected to move with him. Some exceptions are: 1. A disreputable neighborhood (13:15). The wife can refuse to move to a violent or corrupt place. 2. Israel: if the couple lives in Israel, the wife can refuse to move out of Israel or if they live in Jerusalem, she can refuse to leave Jerusalem. (13:19-20).
3. ‘onatah. In Biblical Law, conjugal rights are explicitly granted to the wife. The Tora indicates in Exodus 21:10 that the husband “must not deprive his wife from her food, her clothing and her marital rights”. In the words of Maimonides, a husband’s consistent refusal to engage in sexual relations, deliberately or maliciously, is considered a transgression of a Biblical prohibition, and the woman has legal grounds to ask for her divorce, claiming the full amount of the financial compensations established in the Ketuba. This does not apply, however, when the reason for the husband’s abstinence is, for example, health-related. (Maimonides MT, ishut 14:7). The Talmud also discusses the expected frequency of the husband’s marital duties based on the husband’s occupation (14:1).
Although not based on a specific Biblical statement, the wife is also expected to fulfill her conjugal duties. A wife who without a justified reason or maliciously (kede letsa’aro) permanently denies from her husband his conjugal rights is called a rebellious wife (moredet) and, in case of divorce, she is not entitled to any compensations (14:9).
It is important to clarify that the primary purpose of Mitsvat ‘ona is to reinforce the loving bond between husband and wife. In a separate Mitsva, the Tora indicates the commandment of having children (peru urbu). This Mitsva, ‘ona, is independent from the intention of procreation. Illustration: when conception is not possible, such as during pregnancy or when the woman is under a permissible form of birth control, or when the wife is no longer able to bear children, the couple is still expected to have an active marital life.
In honor of the wedding of Orit Bitton and Adam Harari, BH in Yerushalayim עיה”ק
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Newspapers should pay a levy from the cover price of every copy they sell to fund a new independent press regulator "with teeth" which would have the power to impose fines on publications that infringe media rules, the former Formula 1 boss Max Mosley told Parliament yesterday.
Mr Mosley, appearing before a joint committee on injunctions and privacy, revealed that a proposal for the regulatory body, which would also require papers to offer "prior notification" when stories about individuals' private lives are to be published, was being drawn up to be put before the ongoing Leveson Inquiry into press standards.
The plan was outlined during testimony by Mr Mosley, actors Hugh Grant and Steve Coogan, and Conservative MP Zac Goldsmith, who called for the heavily-criticised Press Complaints Commission to be replaced.
Mr Mosley said the independent body proposed would be funded by the proceeds from fines and a levy of "less than 1p per copy sold per day" by newspapers. It would be able to order that a story cannot be published and demand a correction with equal prominence to any innacurate original article. In return, the power of the courts to punish the press would be removed.
- More about:
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| 0.022237
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5 Smart Legal Moves Before You Sign a Lease
With the housing market in a slump, high unemployment and a disturbing amount of student debt, there's no question that more and more people are turning to the rental market. Got to live somewhere, right?
It's not uncommon for first-time renters to feel overwhelmed by the prospect. It's a lot to take in -- the hunt, the move-in, the possibility of bad neighbors and horrible landlords.
Now, we can't promise you won't land in rental hell. But taking the follow steps before you sign a lease can go a long way in helping you avoid such a situation.
1. Talk to other tenants. Or Google the landlord and the building. You can learn a lot about the area, the property and the management this way. Most disgruntled tenants are perfectly happy to share their annoyance.
2. Inspect the premises. While visiting the property, take a good look at the inside and outside of the unit. Do you see mold or water damage? Evidence of shoddy repairs? How good is security? Are the grounds taken care of? If all is well, remember to document the condition (with photos!) before you move in.
3. Draft a roommate agreement. It's a bit formal, but before you sign a lease, write down who pays for what and any rules of the house. This will protect you in case someone wants to move out.
4. Buy rental insurance. It's cheap, so do it. It'll protect you should something happen to the building or if there's a break-in. The landlord's insurance policy often doesn't cover a tenant's belongings or relocation fees.
5. Read the lease. This is actually the most important thing you need to do before you sign a lease. If you do nothing else, still do this. You need to know your rights and responsibilities, especially when it comes to repairs, guests and use of the facilities.
- The FindLaw Guide to Renting an Apartment (FindLaw)
- The Top Ten Lease Terms to You Should Have When Renting (FindLaw)
- How to Deal With a Roommate Moving Out (FindLaw)
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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Title 48, Chapter 5, Section 342
(a) The commissioner shall carefully examine the tax digests of the
counties filed in his office. Each digest for a county in a digest
review year shall be examined for the purpose of determining if the
valuations of property for taxation purposes are reasonably uniform
and equalized between counties and within counties.
(b) For any digest in any digest review year where the digest for
the preceding digest review year was conditionally approved by the
commissioner, the commissioner shall also carefully examine the
digest to determine if it satisfactorily corrects the deficiencies
that resulted in the digest for the preceding digest review year
being conditionally approved.
(c) For each year, including each year that is not a digest review
year for the county, the commissioner shall utilize the overall
assessment ratio for the county as provided by the state auditor.
(d) It shall be the further duty of the commissioner to examine the
itemizations of exempt properties appearing on the digest and, if in
the judgment of the commissioner any properties appearing on the
digest are subject to taxation, to so advise the board of tax
assessors of the counties concerned with an explanation of his
reasons for believing the property is subject to taxation.
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Washington (CNN)President Donald Trump said Monday that he will deliver his convention speech accepting the Republican presidential nomination from either the site of the 1863 Battle of Gettysburg in Pennsylvania or the White House in Washington, DC.
“We have narrowed the Presidential Nomination Acceptance Speech, to be delivered on the final night of the Convention (Thursday), to two locations – The Great Battlefield of Gettysburg, Pennsylvania, and the White House, Washington, D.C,” Trump tweeted, adding, “We will announce the decision soon!”
A federal law known as the Hatch Act generally forbids the use of government property and employees for political activities with some exceptions. The President and vice president are exempt, but by using the White House as a backdrop for a nationally televised convention speech, Trump would risk ordering government staffers to violate the Hatch Act, experts say. Some previous officeholders sought to limit political activity in the White House by holding political events elsewhere or in the residential spaces of the presidential mansion.
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The following actions in accessing to the information on this Website are prohibited:
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Unless otherwise provided herein, any dispute arising from or in connection with the access to and use of this Website shall finally be settled at the Tokyo District Court as the competent jurisdictional court.
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Some people believe that the United States is sliding toward American theocracy. Others claim that the country has been mortally infected by a godless secularism.
Some of the people who hold one or the other of those views have some well-thought out reasons for their positions. Many others, however, believe it because they have read someone else’s only-minimally-partially-accurate account of something or other.
I’ve been reading a lot of commentary in the news the last two days about the Supreme Court’s decision Monday morning in the Hobby Lobby case, which involved whether a Christian family-owned closely-held corporation could be compelled under the Affordable Care Act to provide coverage for certain forms of birth control that operate as abortifacients.
Sadly, much of the commentary on many popular on-line sites is being written by people who neither read the Supreme Court’s decision nor have any understanding of the legal issues involved in the case. Whether one likes the result or not, the reality is that the decision, which was decided on statutory and not on constitutional grounds, was fairly narrow in scope and is probably a correct decision as a matter of statutory interpretation of the Religious Freedom Restoration Act, a 1993 statute that had broad bipartisan support and that was signed by President Clinton.
I don’t want to here get into an extended analysis of what is incorrect in the various reports I’ve read of the opinion. My primary point here is simply to suggest that before anyone either jumps up and down with joy over the opinion or wrings their hands in agony – they read the Court’s opinions and/or talk to someone who understands what the legal issues were and what the Court actually decided.
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The Problem of the Non-Exhanging Shareholder
23 Pages Posted: 23 Jan 2015
Date Written: January 1, 1977
T HERE have been innumerable cases of corporate mergers, consolidations, and reorganizations requiring the holders of shares of predecessor corporations to exchange their certificates for ones of the successor or surviving corporation.' Most merger, consolidation, and reorganization agreements stipulate how the exchanges are to be accomplished, but many do not state how much time the shareholder has in which to make the exchange or what happens if no exchange is made. As a result, many corporations are forced to spend significant sums of money each year on these "lost" or "non-exchanging" shareholders, 2 maintaining records, paying transfer agents, sending out notices of meetings, and attempting to persuade such shareholders to exchange their shares and collect dividends that have accumulated. Problems are also likely to be found when the successor corporation wishes to merge or consolidate. Successor corporations, therefore, may have to spend substantial amounts on legal fees in attempts to determine how they can resolve problems concerning the non-exchanging shareholders.
Despite the continuing and obvious need for a solution, the problem has remained largely unsolved. This article will present the alternative approaches and problems that exist under present law, and offer a possible solution. Special attention will be paid to the relevant law of Delaware and New York, although cases addressing the problem of the non-exchanging shareholder in other jurisdictions will be considered.
Keywords: exchanging certificates, exchanging shares, exchanging stock, dissenting shareholders
Suggested Citation: Suggested Citation
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| 0.048946
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President Trump Accuses Clinton of Colluding With Democrats to Defeat Sanders
Trump suggests he was trying to keep FBI director honest
American band win top court case over offensive trademark
21 June 2017, 07:12 | Ruben Thornton
Asian-American band win top court case over offensive trademark
They were responding to the high court's ruling in Matal v. Tam, in which Simon Tam challenged the government's denial of a trademark for the name of his band, "The Slants".
The ruling is expected to have a direct impact on another high-profile case involving the National Football League's Washington Redskins.
In its ruling, the court argued that historically, the Lanham Act has been applied inconsistently by the Trademark Office. But just as the Indians receive blowback for Chief Wahoo and schools like the University of North Dakota, Miami of OH and others moved away from Native American mascots, public opinion won't simply sway one direction because of the Supreme Court's decision. In other words, registering the name "The Slants" was disparaging to people of Asian descent and the PTO wouldn't grant the request.
According to the court's opinion, written by Justice Samuel Alito, "Contrary to the Government's contention, trademarks are private, not government speech". If the federal registration of a trademark makes the mark government speech, the Federal Government is babbling prodigiously and incoherently.
The remainder of Justice Alito's opinion was joined by the Chief Justice and Justices Thomas and Breyer. But in the same way that the First Amendment allows the franchise to continue to choose to use the term, the First Amendment allows me and anyone else to continue to choose to not use it.
"A law found to discriminate based on viewpoint is an 'egregious form of content discrimination, ' which is 'presumptively unconstitutional, '" Justice Kennedy wrote in a separate opinion.
Turkish FM: Qatar Wants An End to Crisis Defense Secretary James Mattis at his residence in Doha , Qatar, Saturday April 22, 2017. The move has been backed by nations including Bahrain, the UAE, Egypt and others.
Dems say they'll slow Senate work over secretive care bill The Democrats lack the power to prevent a vote and they don't have the numbers to defeat a bill without Republican defections. Majority say they don't know what shape the bill is taking and some have complained about the tightly controlled effort.
Will referred to a court brief filed by the Cato Institute in the case.
The Supreme Court rejected various arguments put forward by the government in an effort to avoid the heightened First Amendment scrutiny typically applicable to laws regulating free speech. As a result, the band has integrated activism into their work by raising awareness and funds for issues affecting Asian Americans. "Based on this case, however, we've since reconsidered our underlying position". In 2014, the team's trademark, "Redskins", was cancelled after the USPTO determined the name offended Native Americans.
The Asian American rock band The Slants are playing a happy tune after winning a landmark first amendment case in the U.S. Supreme Court.
The team said in a statement Monday that it is "thrilled" with the ruling in the Tam case, which it believes "resolves the Redskins' long-standing dispute with the government".
While Monday's decision from the Supreme Court of the United States that barred the federal government from asserting which names are offensive has been viewed as a victory for the Washington Redskins, a high school in northern in may provide an example of what the eight justices were trying to accomplish.
USA revokes blocked program to protect immigrant parents
After the Obama administration announced it, 26 states successfully sued in a Texas federal district court to block the program. The announcement to continue the Deferred Action for Childhood Arrivals program, known as DACA, was made quietly late Thursday.
Shot US congressman Scalise improving
It's an attack which sent several to the hospital including two Capitol police officers and Congressman Steve Scalise . The president spoke about the 51-year-old from Louisiana again Friday during a speech in Miami.
Assassination List Found On James Hodgkinson's Body
It's a conversation about the political discourse happening around the country and in the city where the shooter grew up. Members of Congress were practising for a game that was scheduled for Thursday night at Nationals Park, CNN reported .
Trump tweets his frustration with Russia investigation
He said he had only been discussing the constitutional problem posed if the president were being investigated. He said Trump had learned the effectiveness of social media as a communications tool during the campaign.
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Georgia laws teen dating
Any such summary cannot capture the details and nuances of individuals state laws.
Although roughly a third of the states permit health care providers to inform a minor's parents that their child is seeking STI-related services, none require it.
Victims of a romantic relationship or courtship, also share common traits, including: failing performance in school or work, physical signs of injury, drastic changes in mood or personality, increased reliance on drugs or alcohol, increased isolation from loved ones and often absent from school or work.
The majority of physical injuries, in regards to domestic violence cases are inflicted by the male partner; however, society must not overlook the minority of injuries, including emotional and psychological attacks that are inflicted by the female partner.
The only "laws/rules" for dating would most likely be found in Religion. If you enjoy her company enough to woo her, it is respectful of her household to ask permission.
There are laws for consent but, no laws for dating.
This information may not be applicable to your specific situation and is not, and should not be relied upon, as a substitute for legal advice. To view the publication in its entirety, see Notification considered on a case-by-case basis taking into consideration whether exposure has occurred, an assessment of specific risks, and confidentiality issues.
For detail on the selected state law and cases interpreting it, download Georgia: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U. If documented transmission has occurred, written informed consent should be obtained from all future patients who will have exposure prone invasive procedures performed.
As a result of these various categories, dating violence crosses all social, economic, racial and age lines.
Remember, no one deserves to be victimized by Domestic Violence; a multitude of resources and assistance exist to prevent these unfortunate acts.
Each year on June 30, the state of Georgia closes its fiscal year.
Brittany graduated from Kennesaw State University with a degree in communications.
While we have made an effort to ensure that this information is correct and current, the law is regularly changing, and we cannot guarantee the accuracy of the information provided.In most cases, leading organizations aimed at preventing dating violence, describe the typical abuser in a romantic relationship as obsessively possessive and jealous, over confident, in possession of a history of violence or a violent temper and short-tempered.
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| 0.033964
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SALT LAKE CITY — A bill prompted by Utah Attorney General John Swallow's outside consulting work unanimously passed the state Senate on Wednesday.
SB83 would restrict outside employment for management-level workers in the state's executive branch, specifically the offices of governor, lieutenant governor, attorney general, treasurer and auditor. It would require those offices to have policies to prevent conflicts of interest with employees' job duties, the practice of law and political services, consulting and lobbying.
The bill, sponsored by Sen. Todd Weiler, R-Wood Cross, does not preclude those employees from working a second job provided it doesn't conflict with their state duties and it's done on their own time.
While chief deputy, Swallow received $23,500 for working as a consultant on a cement plant project in Nevada. Weiler said his bill would prevent that type of work.
The bill now moves to the House.
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Pyrrho Invs. Ltd. v. MWB Property Ltd. EWHC 256 (Ch.) is reported to be the first instance of an English court approving the use of predictive coding in aid of discovery. Citing Moore v. Publicis Groupe, 287 F.R.D. 182 (S.D.N.Y. 2012) (No. 11-1279), the British Chancery Court approved the use of predictive coding after noting the “enormous” expense of manually reviewing over three million electronic documents in the case. The Chancery Court stressed that the purpose of predictive coding and computer-assisted review was not to “replac[e] humans,” but was “the review method to result in higher recall and higher precision than another review method, at cost proportionate to the value of the case.” The court held other jurisdictions’ positive experiences with predictive coding, the consistency with which a computer would apply criteria, the cost of computer-assisted as compared to a manual review, the value of the claims at issue, the long interval available to the parties to address any unsatisfactory results from predictive coding before the scheduled trial date, and both parties’ consent to use predictive coding supported its decision.
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| 0.034923
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