Source: http://www.nationallawjournal.com/id=1202637627585?rss=rss_nlj
Saturday, May 31, 2014
Hookah Copyright Claim Goes Up in Smoke
Although available in various designs and colors, the shape of a hookah's water container is not copyrightable, according to a federal appeals court.
Are Restraining Orders an Answer to Mass Violence?
A couple of authors recently teed up some interesting thoughts on ways to prevent the next Newtown, Aurora or Isla Vista, without passing new, sweeping gun-control laws.
Source: http://blogs.wsj.com/law/2014/05/27/are-restraining-orders-an-answer-to-mass-violence/?mod=WSJBlog
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Cambodia court releases garment worker protesters
[JURIST] A Cambodian court on Friday convicted 23 workers and activists for inciting violence during a mass garment workers' strike but suspended their jail sentence, which has caused a lot of controversy and international scrutiny. The ruling reverses the appeals court's decision in February, which refused the release [JURIST report] of the workers and activists facing criminal charges. It has been reported [VOA report] that international brands have scrutinized the decision due to the government's lack of influence in improving...
Source: http://jurist.org/paperchase/2014/05/cambodia-court-releases-garment-worker-protesters.php
LawBiz® Legal Pad: Retainers- Do They Do Any Good For You?
Ed examines the complexities of retainers and discusses their use within the legal profession.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/uUcsklaftuY/
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UN rights chief urges action following Pakistan 'honor killing'
[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Wednesday condemned [press release] the killing of a 25-year-old pregnant woman who was stoned to death in a so-called "honor killing." Farzana Iqbal was killed by her family outside of a Pakistani court in the city of Lahore because she had chosen to marry the man whom she loved. Such killings are common in Pakistan, as Pakistanis believe that it is dishonorable for a woman to fall in...
Does SCOTUS want to end public employee unions?
“In the end, it may not happen, but the demise of public employee unionism was at least on the table for lively discussion in a Supreme Court argument Tuesday morning. The case of Harris v. Quinn would only spell doom for government workers’ collective action, it appeared, if Justice Antonin Scalia could be persuaded to join in doing it in; there just might be enough other votes.” Thats the report from SCOTUSblog on the argument this morning in a case that was supposed to be about home-care workers but has morphed into a dialogue about labor unions. “[T]he atmospherics of Tuesday’s argument suggested strongly that this case has very large potential. The mood of the Court’s more liberal members was one of obvious trepidation, and that of its more conservative members — except for Justice Scalia — was of apparent eagerness to reach anew the core constitutionality of compulsory union support among public workers,” blogger Lyle Denniston continued.
Source: http://minnlawyer.com/minnlawyerblog/2014/01/21/does-scotus-want-to-end-public-employee-unions/
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Kenya appeals court blocks ICC arrest of journalist Walter Barasa
[JURIST] The Court of Appeal of Kenya [official website] on Thursday issued orders blocking [text, PDF] the High Court of Kenya's arrest warrant [JURIST report] for journalist Walter Barasa. Barasa is accused of attempting to bribe witnesses testifying against Deputy President William Ruto [JURIST news archive]. The arrest warrant was originally ordered in cooperation with the International Criminal Court (ICC) [official website], acting pursuant to [ICC summary] the Rome statute [text, PDF], which unsealed the warrant [text, PDF, press release]...
Source: http://jurist.org/paperchase/2014/05/kenya-appeals-court-blocks-icc-arrest-of-walter-barasa.php
Supreme Court finds Florida IQ cutoff for executions unconstitutional
[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] on Tuesday that a Florida law permitting the death penalty for criminal defendants whose IQ is greater than 70 violates the Eighth Amendment [text] of the US Constitution. The case, Hall v. Florida [SCOTUSblog backgrounder] involved a defendant who was sentenced to death for killing a pregnant woman and a sheriff's deputy in 1978. Hall scored a 71 on a state-given IQ test, making him eligible for the death penalty...
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Friday, May 30, 2014
Holder Urges Prosecutors To Back Criminal Justice Changes
At a closed-door conference, the attorney general made his case for reducing some drug sentences and opening up the clemency process.
How to Manage Your Paralegal Career in Today’s Economy
Today's economy can be challenging for paralegals. Make sure you're taking the right steps to advance your career. On this episode of the Paralegal Voice, host Vicki Voisin interviews future President of NALS Karen McElroy. Together they discuss what you should be doing as a paralegal to get ahead and stay ahead in this job market.
Karen McElroy will become the President of NALS at the end of February 2014. She has been working in law since 1981 in a multitude of capacities including legal secretary, legal assistant, and paralegal. Karen is a veteran of the U.S. Air Force and Ohio Air National Guard. Special thanks to our sponsor, NALA.
Karen McElroy will become the President of NALS at the end of February 2014. She has been working in law since 1981 in a multitude of capacities including legal secretary, legal assistant, and paralegal. Karen is a veteran of the U.S. Air Force and Ohio Air National Guard. Special thanks to our sponsor, NALA.
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2014/02/manage-paralegal-career-todays-economy
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Supreme Court urged to stay Oregon same-sex marriage ruling
[JURIST] The National Organization for Marriage (NOM) [advocacy website] on Tuesday filed [application, PDF] an application to block same-sex marriages in Oregon [background materials] while the group appeals a decision overturning the state's ban. The group, which opposes same-sex marriage, submitted the filing to Justice Anthony Kennedy, who handles such requests from the region that includes Oregon. The stay would temporarily halt same-sex marriages in the state pending the group's appeal. NOM chairman John Eastman said [press release]:We are asking...
Source: http://jurist.org/paperchase/2014/05/supreme-court-urged-to-stay-oregon-same-sex-marriage-ruling.php
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DOMA down, but why?
The 1st Circuit today held that the Defense of Marriage Act's denial of federal benefits to married same-sex couples is unconstitutional. Massachusetts v. US Department of Health and Human Services (1st Cir 05/31/2012).
The federal Defense of Marriage Act (DOMA) Section 3 prevents same-sex married couples from filing joint tax returns, prevent a surviving spouse from collecting Social Security survivor benefits, and prevents federal employees from sharing medical benefits with same-sex spouses.
The trial court held that DOMA Section 3 is unconstitutional; the 1st Circuit affirmed.
The court's decision surveys equal protection and federalism issues and concludes that "governing precedents under both heads combine - not to create some new category of 'heightened scrutiny,' ..., but rather to require a closer than usual review based in part on discrepant impact among married couples and in part on the importance of state interests in regulating marriage."
Thus the court gave less deference to, and "closer scrutiny of government action touching upon minority group interests and of federal action in areas of traditional state concern."
The court concluded that denial of federal benefits to same-sex married couples "has not been adequately supported by any permissible federal interest."
The court stayed its mandate, thus extending the trial court's stay, in anticipation of the losing parties seeking certiorari in the US Supreme Court.
My view:
This is a decision, purportedly based on the US Constitution, that essentially avoids making an explicit connection to the text of the Constitution.
The idea is that states regulate marriage, the federal government may have something to say in this regard, but the reasons behind the federal government's actions didn't have enough oomph. No, there's no 10th amendment violation, and no violation of the Spending Clause. And no, there's no "strict scrutiny" going on. And no "new category of 'heightened scrutiny.'" But wait, let's give the legislation "closer scrutiny."
I'm no fan of DOMA, but it's not really clear to me what this court is doing.
[By the way, similar DOMA issues are pending in the 9th Circuit.]
Source: http://www.lawmemo.com/blog/2012/05/doma_down_but_w.html
NLRB's recent significant decisions
The NLRB this week made public a number of significant decisions, most reached in the final days of the term of Member Brian Hayes, which ended on December 16. The Board continues with three members, Chairman Mark Gaston Pearce and Members Richard F. Griffin, Jr. and Sharon Block.
The decisions touch on a variety of issues including social media postings, charter school jurisdiction, backpay awards, the chargeability of certain union lobbying expenses, and an employer’s responsibility to continue dues collection after the expiration of a contract.
Hispanics United of Buffalo
The Board found that the employer unlawfully fired five employees because of their Facebook posts and comments about a coworker who intended to complain to management about their work performance. In its analysis, the Board majority applied settled Board law to the new world of social media, finding that the Facebook conversation was concerted activity and was protected by the National Labor Relations Act. Member Hayes dissented.
Alan Ritchey, Inc.
In a unanimous decision that resolved the last of the two-member cases returned following the 2010 Supreme Court decision in New Process Steel, the Board found that where there is no collectively-bargained grievance-arbitration system in place, employers generally must give the union notice and an opportunity to bargain before imposing discipline such as a discharge or suspension on employees. Member Hayes was recused.
Latino Express
In a decision that will affect most cases in which backpay is awarded, the Board decided to require respondents to compensate employees for any extra taxes they have to pay as a result of receiving the backpay in a lump sum. The Board will also require an employer ordered to pay back wages to file with the Social Security Administration a report allocating the back wages to the years in which they were or would have been earned. The Board requested briefs in this case in July 2012. Member Hayes did not participate in the case.
Chicago Mathematics & Science Academy
Rejecting the position of a teachers’ union, the Board found that it had jurisdiction over an Illinois non-profit corporation that operates a public charter school in Chicago. The non-profit was not the sort of government entity exempt from the National Labor Relations Act, the Board majority concluded, and there was no reason for the Board to decline jurisdiction. Member Hayes dissented in part.
United Nurses & Allied Professionals (Kent Hospital)
The Board, with Member Hayes dissenting, addressed several issues involving the rights of nonmember dues objectors under the Supreme Court’s Beck decision. On the main issue, the majority held that, like all other union expenses, lobbying expenses are chargeable to objectors, to the extent that they are germane to collective bargaining, contract administration, or grievance adjustment. The Board invited further briefing from interested parties on the how it should define and apply the germaneness standard in the context of lobbying activities.
WKYC-TV, Gannet Co.
Applying the general rule against unilateral employer changes in terms and conditions of employment, the Board found that an employer’s obligation to collect union dues under a check-off agreement will continue after the contract expires and before a bargaining impasse occurs or a new contract is reached. Member Hayes dissented.
Source: http://www.lawmemo.com/blog/2012/12/nlrbs_recent_si.html
Thursday, May 29, 2014
That Was One Very Costly Kayak Ride
If you were to consider various means of escaping the country, there’s no way you would even include a kayak on your list. Well, it worked for this gent. As reported by The Hunterdon County [New Jersey] Democrat:
Steven Pieczynski, 38, who also once lived in Lambertville, was convicted by a jury in a trial conducted by Superior Court Judge Stephen B. Rubin in March. Assistant Prosecutor Anthony Anastasio presented the case.
But he wasn’t jailed pending sentencing. And there was a kayak, and …
Pieczynski entered Canada illegally on Sept. 29, 2012, “using a kayak, launched from Lewiston, N.Y., on the Lower Niagara River,” the prosecutor said. After crossing the river, he made his way to the Toronto area.
You already know it didn’t last.
Detectives eventually tracked down Pieczynski, and on Oct. 23, 2012, members of the Toronto Police Service Fugitive Squad, the Integrated Border Enforcement Team (IBET), the Ontario Provincial Police, and the Canada Border Services Agency arrested him at the home of a woman he met on the Internet, Kearns said. He was extradited back to the United States.
Bam! And he was just sentenced to 4 years for skipping out. But that’s not all.
Pieczynski still faces sentencing on the original burglary and theft conviction.
You’ll find the source here, including a mug shot.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/oQZubkibFbs/sfd-4.html
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Attorneys and Billing: The Art of Getting Paid
Nearly every firm has clients who are difficult to collect from. Most lawyers are not trained to deal with that. On this episode of the Un-Billable Hour, host Chris Anderson interviews experts Loretta Ruppert and Jeff Krause. Together, they explore ways to effectively track and manage client billing.
Loretta Ruppert is the current Senior Director of Marketing for the SaaS Product Platform at LexisNexis. She is the subject matter expert for billing and accounting software solutions, including Time Matters, and has been involved in developing software products for law firms for nearly twelve years. She is a current member of the American Society of Women Accountants and the former Controller for the Bliss Riordan Law Offices.
Jeff Krause is a Wisconsin attorney who founded Krause Practice Management, LLC and is a founding partner at Solfecta, LLC. He is a Certified Independent Consultant for software solution Time Matters and a frequent author and speaker on legal technology.
Loretta Ruppert is the current Senior Director of Marketing for the SaaS Product Platform at LexisNexis. She is the subject matter expert for billing and accounting software solutions, including Time Matters, and has been involved in developing software products for law firms for nearly twelve years. She is a current member of the American Society of Women Accountants and the former Controller for the Bliss Riordan Law Offices.
Jeff Krause is a Wisconsin attorney who founded Krause Practice Management, LLC and is a founding partner at Solfecta, LLC. He is a Certified Independent Consultant for software solution Time Matters and a frequent author and speaker on legal technology.
Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2014/02/attorneys-billing-art-getting-paid
Does A Consumer’s Exercise of a Rescission Right Mean that the Loan Is Automatically Rescinded? Perhaps Not, According to One Federal Court, If the Consumer Does Not Also File a Lawsuit for Rescission
In Baker v. Bank of America, N.A., No. 5:13-CV-92-F, 2014 U.S. Dist. LEXIS 9578 (E.D.N.C. Jan. 27, 2014), the United States District Court for the Eastern District of North Carolina held that even if a consumer timely exercises his or her right to rescind a loan transaction under the Truth in Lending Act (TILA), 15 U.S.C. § 1601, et. seq. — i.e., during the three-day statutory “cooling-off” period — that exercise does not automatically cause the loan to be rescinded. Rather, the court held, if a consumer’s notice of rescission is met with silence by the lender, the consumer must also file a lawsuit in order to complete the rescission before the statute of limitations expires (in this case, the statute of limitations was determined to be four years). The Baker case provides a thorough interpretation of the effect of the statutory three-day “cooling-off” period, for which, it was noted in the decision, case law is “exceedingly sparse.”
In Baker, the consumer entered into a refinancing transaction knowing that the terms were less favorable than the consumer had been quoted. Two days after closing the loan, the consumer mailed a signed rescission notice to the lender. The lender did not respond to the notice and funded the consumer loan. The lender allegedly refused to rescind the transaction despite multiple requests from the consumer. The consumer, unable to refinance on more favorable terms, eventually became delinquent on the loan and foreclosing procedures were initiated. Personal bankruptcy proceedings resulted in a discharge of the personal obligations under the loan but the foreclosure proceedings continued on the basis of the lender’s security interest in the property.
This case arose when the consumer responded to the continued foreclosure proceedings by filing an action for rescission pursuant to the TILA, nearly six years after the original notice of rescission had been sent to the lender. The defendants moved to dismiss the complaint for failure to state a claim upon which relief can be granted. The consumer argued that the rescission automatically voided the security interest pursuant to Section 1635(b) of the TILA, which provides that “when an obligor exercises his right to rescind . . . he is not liable for any finance or other charge and any security interest given by the obligor . . . becomes void upon such a rescission” (emphasis added). The consumer argued that this sentence provided for an automatic right of rescission that voided the transaction so long as the consumer sent notice of rescission within the three day statutory period.
The court disagreed. Instead, the Court distinguished between the “exercise” of the right of rescission and “full rescission.” The exercise of the right to rescind is accomplished by the giving of notice, whereas the full rescission is defined by a “full unwinding of the transaction and a return to the status quo.” Because the security interest becomes void only upon rescission, the lender maintained a security interest that could be foreclosed upon until such time as the transaction was fully rescinded.
In reaching its conclusion, the Court declined to follow unpublished decisions from the United States Court of Appeals for the Ninth Circuit (which includes California) and the United States District Court for the Eastern District of Pennsylvania (within the Third Circuit), which had previously held that the notification made pursuant to the TILA automatically voided a security interest. Rather, the Baker court held, where, as here, a lender fails to respond to a consumer’s exercise of his or her right to rescission within the three day statutory period, the consumer “must file a lawsuit to complete the rescission process in cases where the lender fails to respond to the notice or otherwise fails to recognize the borrower’s rescission rights.”
It is worth noting here that the Supreme Court granted certiorari on April 28, 2014 to a case which hinges on the question of whether or not the TILA right of rescission for the lender’s failure to furnish required disclosures must be invoked by filing a lawsuit or whether such rescission is automatic upon notice made within the three-year statutory period. See Jesinoski v. Countrywide Home Loans, Inc., 729 F.3d 1092 (8th Cir. 2013) (per curiam), cert. granted, No. 13-684 (U.S. Apr. 24, 2014).
The Baker court also disagreed with the consumer that lawsuits seeking rescission pursuant to the TILA have an unlimited limitations period. The court held that such a limitations period would cloud title to property to such an extent that Congress could not have intended that the right of rescission have an unlimited limitations period. However, the court did not wade too deeply into the debate regarding which statute of limitations was appropriate. Here, the right of rescission — that is, the right to sue for rescission — arose at the very latest when the lender failed to respond to the notice of rescission within the twenty day statutory period. The suit in Baker was filed nearly six years later and therefore must have been untimely. Although the court discussed the conflicting decisions of a number of other courts that placed the statute of limitations at the one-year and three-year mark, the court in Baker ultimately concluded that the relevant statute of limitation is “at most four years” and continues its analysis no further.
Given the uncertainties in the statute of limitations noted by the court, which identified decisions concluding the statute of limitations in these cases is as short as one-year, three-years or “at most four years,” the fate of individual rescission claims will remain varied. In addition, a consumer may be required to assert a claim for rescission in order to effect the full rescission desired, but a lender that fails to take “any action necessary or appropriate to reflect the termination of any security interest” within twenty days after receiving notice of rescission remains liable for civil penalties. Although such civil penalties are subject to a one-year statute of limitations, the TILA does provide for attorney’s fees in cases where the lender violates the TILA by failing to respond to a timely notice of rescission. Thus a lender would still be wise to consider the risks and costs of litigation, civil penalties and attorney’s fees before ignoring a notice for rescission.
Perils of Law Firms Possessing Massive Amounts of Unreviewed Client Data
Some experts believe that, in addition to being prohibitively expensive for law firms to manage, maintaining immense amounts of client data increases the probability that it will be exposed to the public through a security breach or hack. That is why many like-minded firms are outsourcing data management to companies that specialize in it. On this episode of Digital Detectives, hosts Sharon Nelson and John Simek interview Ralph C. Losey from Jackson Lewis P.C. Together, they discuss how to manage large amounts of data, when to outsource, and what to do with unprocessed information. Tune in to learn more about dark data, how to select outside vendors, and hosting costs vs. storage costs.
Ralph C. Losey is a shareholder of Jackson Lewis P.C., a law firm specializing in labor and employment law with over 52 offices nationwide and 800 attorneys. Ralph serves as the firm's National e-Discovery Counsel in charge of electronic discovery issues. Ralph has limited his practice to e-discovery since 2006 and is the author of five books on e-discovery law and multiple law review articles. Ralph is also co-founder of the IT-Lex foundation and the Electronic Discovery Best Practices group, and the developer of an online training course in e-discovery, e-DiscoveryTeamTraining.com. Ralph is a frequent speaker at e-discovery conferences worldwide and a leading contributor in the field of Legal Search.
Special thanks to our sponsor, Digital WarRoom.
Ralph C. Losey is a shareholder of Jackson Lewis P.C., a law firm specializing in labor and employment law with over 52 offices nationwide and 800 attorneys. Ralph serves as the firm's National e-Discovery Counsel in charge of electronic discovery issues. Ralph has limited his practice to e-discovery since 2006 and is the author of five books on e-discovery law and multiple law review articles. Ralph is also co-founder of the IT-Lex foundation and the Electronic Discovery Best Practices group, and the developer of an online training course in e-discovery, e-DiscoveryTeamTraining.com. Ralph is a frequent speaker at e-discovery conferences worldwide and a leading contributor in the field of Legal Search.
Special thanks to our sponsor, Digital WarRoom.
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Managing Overflow Work with Freelance Attorneys
When overwhelmed with work, some firms hire freelance attorneys to fill the gap between client demand and firm capacity. Whether it's niche expertise, transactional labor, or long-term temp. assignments, these contract attorneys are well-equipped to support the unique interests of their hiring firms. On this episode of Legal Toolkit, host Jared Correia interviews talent placement experts Leila Kanani from Intermix Legal Group and Gil Schipani from Tempus Fugit Law to learn more about the benefits of freelance attorney placement. Kanani discusses how firms who hire freelance attorneys benefit from improved workflow and enhanced expertise without the need to hire a permanent associate. Tune in to learn more.
Leila Kanani is an IP solo attorney and founder of Intermix Legal. After over 10 years of practice in BigLaw, she left for more control and balance in her life. Her objective in creating Intermix was to provide a flexible framework for experienced attorneys to participate in project-based contract legal services for solos and small firms.
Gil Schipani is the founder of Tempus Fugit Law, which specializes in substitute counsel/court coverage for lawyers as well as single transaction services. He is currently a partner with Schipani and Sinay and former Assistant City Solicitor of Brockton, Massachusetts. His practice area focuses on real estate, personal injury, business, and employment law.
Leila Kanani is an IP solo attorney and founder of Intermix Legal. After over 10 years of practice in BigLaw, she left for more control and balance in her life. Her objective in creating Intermix was to provide a flexible framework for experienced attorneys to participate in project-based contract legal services for solos and small firms.
Gil Schipani is the founder of Tempus Fugit Law, which specializes in substitute counsel/court coverage for lawyers as well as single transaction services. He is currently a partner with Schipani and Sinay and former Assistant City Solicitor of Brockton, Massachusetts. His practice area focuses on real estate, personal injury, business, and employment law.
Funded Jobs
In today’s newspaper, Don J. DeBenedictis, staff writer for the Journal, discusses law schools’ new approach to help law school graduates find jobs. This idea is one of several being discussed to match the supply and demand of legal services. It is clear that there is a greater demand for legal services than is now being fulfilled. However, many contend there is an oversupply of lawyers. Some writers suggest, I believe correctly, that there is not an oversupply, but rather a mismatch between the two.
One reason for the mismatch is that most lawyers seek to work for the smaller percentage of affluent clients. Working for the less affluent client requires a reduced level of compensation. Sometimes it is difficult to match the reduced remuneration working from low to modest means clients with the debt level resulting from educational expenses.
The staff writer discusses law schools in California that are now providing funds to graduates who are willing to work for government or public interest employers. The amount of money received by the graduates is not grand. We’re talking about, perhaps, $15 per hour. However, the graduates are earning enough money to pay expenses and gain valuable experience preparatory for their next job. This program reminds me of one Southern law school that provided sufficient funds to open a new law practice if the graduate located in a rural or other geographic community that needed legal services. Provided the graduate remained in that location for five years, the “loan” would be forgiven.
It seems that any suggestion brings out adversaries. The positive side of seeking to match supply and demand is countered by those who say that law schools are merely disguising their percentage of graduates employed. While this may be true, it is also true that these graduates are employed, just not at a high level of income written about by the sensationalist media. It is also true that American Bar Association statistics separate between traditional jobs and “funded” jobs, thus disclosing the truth of the employment claims made by law schools.
One could also look at this as a postgraduate fellowship. This is an incredibly positive effort on the part of law schools and their funding sources for this program. My congratulations.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/RgkshQhBz3E/
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Federal Appeals court rejects challenges to broadband internet expansion
[JURIST] The US Court of Appeals for the Tenth Circuit rejected [ruling, PDF] on Friday challenges to the Federal Communications Commission's (FCC) [official website] plan to expand broadband Internet service to rural areas. The FCC's plan is a $4.5 billion program which subsidizes high-speed Internet services in high-cost rural areas. The challengers of the FCC plan included many phone companies such AT&T and Verizon Wireless. It has been reported [New York Times report] that the phone companies fear that the...
Wednesday, May 28, 2014
Sidley Austin Looks to Riverbed to Build a Broader Network
Sidley Austin had a legacy network connecting its 17 offices in the U.S., Asia and Europe, resulting in slow data transfers and limiting the firm's ability to centralize IT resources. To create better connectivity between offices, the firm upgraded its network with Riverbed appliances.
Source: http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1202473966828&rss=rss_ltn
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NLRB "recess" appointments were unconstitutional; Board lacked a quorum
Noel Canning v. NLRB (DC Cir 01/25/2013)
The DC Circuit this morning held that the President's attempt to make "recess" appointments of three NLRB Members was invalid under the constitution.
On February 8, 2012 the Board issued its decision finding that the employer violated the NLRA by refusing to reduce to writing and execute a collective bargaining agreement reached with Teamsters Local 760. At that time the Board purportedly had five members. Two of these had been confirmed by the Senate. Three of these were appointed on January 4, 2012, purportedly pursuant to the constitution's recess clause.
At the time of the President’s purported recess appointments, the Senate was operating pursuant to a unanimous consent agreement, which provided that the Senate would meet in pro forma sessions every three business days from December 20, 2011, through January 23, 2012. The DC Circuit held that "recess" appointments must occur during an "intersession" recess of the Senate, that is to say, the period between sessions of the Senate when the Senate is by definition not in session and therefore unavailable to receive and act upon nominations from the President.
Because the appointments were invalid, the Board lacked a quorum (three Members) and its order was "void."
Lots of chatter from all over:
- New York Times
- Wall Street Journal
- Workplace Prof Blog
- New York Labor and Employment Law Report
- Faculty Lounge
- Jottings by an Employer's Lawyer
- SCOTUSblog
- Employment Law Watch
Source: http://www.lawmemo.com/blog/2013/01/nlrb_recess_app_1.html
Wisconsin public employee collective bargaining statute amendments declared unconstitutional
A teachers' union sought declarative and injunctive relief against the governor, claiming that statutory amendments dealing with municipal employees' collective bargaining rights and payroll deductions of dues and pension contributions were unconstitutional.
The trial court declared the statute unconstitutional. Madison Teachers v. Walker (Wisconsin Circuit Ct 09/14/2012)
(1) Certain portions of the statute violated the free speech clauses of the Wisconsin and US constitutions. Although there is no constitutional right to collective bargaining, the statute imposes burdens on the speech and associational rights of employees represented by unions which burdens are not imposed on other employees. They cannot negotiate wage increases greater than the cost of living, they cannot pay dues by payroll deductions solely because the dues go to labor organizations. A ban on fair share agreements means that union members bear the cost of bargaining for non-members who receive the befits of bargaining. Requiring unions to be recertified annually burdens members with the full costs of the election.
(2) The trial court applied strict scrutiny to the equal protection claims because of the infringement on speech rights. The statute creates two classes of employees (represented and non-represented), and the defendants "offer no defense of the statute that would survive strict scrutiny."
(3) Certain portions of the statute violated the Wisconsin constitution's home rule amendment, violated the constitutional bar on impairment of contracts, and deprived employees of property without due process.
Source: http://www.lawmemo.com/blog/2012/09/wisconsin_publi.html
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It's Geithner Vs. Warren In Battle Of The Bailout
Former Treasury Secretary Tim Geithner says the 2008 bank bailout worked well. Sen. Elizabeth Warren says it taught bankers to be reckless because the risks are on taxpayers. Vote for who is right.
Source: http://www.npr.org/2014/05/25/315276441/its-geithner-vs-warren-in-battle-of-the-bailout?ft=1&f=1070
No Venue Change for Subcontractor’s Fraud Claim
In this suit by a subcontractor hired by defendant demolition company to remove epoxy coating from a concrete floor at Camp Peary, Va., the Norfolk Circuit Court says venue is permissible in Norfolk as to plaintiff’s fraud claim and defendant’s objection to venue is overruled. Plaintiff Specialty Products Inc. (SPI) allegedly bid on the epoxy ...
Source: http://valawyersweekly.com/2014/01/02/no-venue-change-for-subcontractors-fraud-claim/
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The Evolution Of Electronic Monitoring Devices
The device, which was first created for positive reinforcement, is now used by courts as a cost-effective way to send people home and free up jail space.
Source: http://www.npr.org/2014/05/22/314874232/the-history-of-electronic-monitoring-devices?ft=1&f=1070
It's Geithner Vs. Warren In Battle Of The Bailout
Former Treasury Secretary Tim Geithner says the 2008 bank bailout worked well. Sen. Elizabeth Warren says it taught bankers to be reckless because the risks are on taxpayers. Vote for who is right.
Source: http://www.npr.org/2014/05/25/315276441/its-geithner-vs-warren-in-battle-of-the-bailout?ft=1&f=1070
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Delaware Lawyers Move Against Fee-Shifting Bylaws
A group of Delaware lawyers that makes legislative recommendations is proposing an amendment that would bar bylaws that shift legal fees to shareholders who sue companies and lose, according to a letter viewed by The Wall Street Journal.
Source: http://blogs.wsj.com/law/2014/05/22/delaware-lawyers-move-against-fee-shifting-bylaws/?mod=WSJBlog
Tuesday, May 27, 2014
Mayor Prohibited From Drinking?
No, The Juice is not referring to Mayor Rob Ford. There’s a very reasonable explanation as to why this Mayor is legally prohibited from drinking. As reported by wdrb.com (Louisville, Kentucky):
Kelvin Green, 18, will soon become the mayor of Archer City, Texas.
No one filed to run for the city’s open mayoral position, so he ran unopposed. He’ll be the town’s youngest mayor since it was founded in 1888. His friends and teachers say they’re not surprised he volunteered, and he’ll be perfect for the job.
“I really think he’s going to do an outstanding job, and it’s exciting to see somebody his age step up,” said Jeff Pirkle, Green’s economics teacher.
“It’s really crazy, actually, but I should have seen it coming because if he sets his mind to something, he’s going to do it,” said Tyler Scrogum, Green’s friend.
You’ll find the source here.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/_2VkV8JAnZs/sdf-12.html
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LawBiz® Legal Pad: Value Billing
Ed discusses how increase your value by understanding what is most important to your clients.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/rndSR0JE53s/
Judge Rader Apologizes for Recusals
Randall R. Rader, who resigned Friday as chief judge of the U.S. Court of Appeals for the Federal Circuit, has issued an apology for conduct that led him to recuse himself from a pair of patent cases.
Source: http://blogs.wsj.com/law/2014/05/23/judge-rader-apologizes-for-recusals/?mod=smallbusiness
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Eric Turkewitz on Legal Blogging
Eric Turkewitz, of The Turkewitz Law Firm and author of the New York Personal Injury Law Blog, offers dos and don'ts for first-time legal bloggers.
LawBiz® Legal Pad: Selling Your Practice in the Internet Age
Ed discusses the issues in selling a law practice.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/F5ZKvXzw9NM/
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Litigation Surrounding General Motors Ignition Switch Problem
General Motors (GM) faces litigation stemming from an ignition switch problem in some recalled vehicles and now, families of the deceased or injured are seeking justice. On this Ringler Radio podcast, host Larry Cohen and co-host Mike Casey from Ringler Associates talk with Attorney Adam J. Levitt, director at Grant and Eisenhofer P.A. about the GM litigation, the National Highway Traffic Safety Administration's role and ultimately what this ignition problem means for the car giant.
Does SCOTUS want to end public employee unions?
“In the end, it may not happen, but the demise of public employee unionism was at least on the table for lively discussion in a Supreme Court argument Tuesday morning. The case of Harris v. Quinn would only spell doom for government workers’ collective action, it appeared, if Justice Antonin Scalia could be persuaded to join in doing it in; there just might be enough other votes.” Thats the report from SCOTUSblog on the argument this morning in a case that was supposed to be about home-care workers but has morphed into a dialogue about labor unions. “[T]he atmospherics of Tuesday’s argument suggested strongly that this case has very large potential. The mood of the Court’s more liberal members was one of obvious trepidation, and that of its more conservative members — except for Justice Scalia — was of apparent eagerness to reach anew the core constitutionality of compulsory union support among public workers,” blogger Lyle Denniston continued.
Source: http://minnlawyer.com/minnlawyerblog/2014/01/21/does-scotus-want-to-end-public-employee-unions/
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Marijuana, Federal Law, and the States: The Great Legal Divide
Federal law bans marijuana nationwide and yet some states have decided to license its trade. So, where does this leave citizens, local government, and attorneys who work in the cannabis industry? On this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Brian Vicente, Dan Riffle and Kathy Haddock to discuss the challenges and liabilities that persist in the void between federal and state drug laws.
Brian Vicente is a Colorado criminal defense attorney and founding partner of Vicente Sederberg. He also serves as Executive Director for Sensible Colorado, chairs the Denver Mayor's Marijuana Policy Review Panel, and coordinates the Colorado Bar Association's Drug Policy Project.
Dan Riffle is a former assistant prosecutor for Vinton County, Ohio who has turned lobbyist on Capitol Hill. He currently serves as the Director of Federal Policies for Marijuana Policy Project and has shepherded 2013 legislation through Illinois making it the second largest medical marijuana state.
Kathy Haddock is the Senior Assistant City Attorney for the City of Boulder, Colorado. She is primarily responsible for advising finance, records, elections, airport, special districts, and special projects including medical and recreational marijuana. She has also been responsible for drafting the laws that license and govern medical marijuana businesses in Boulder, Colorado.
Brian Vicente is a Colorado criminal defense attorney and founding partner of Vicente Sederberg. He also serves as Executive Director for Sensible Colorado, chairs the Denver Mayor's Marijuana Policy Review Panel, and coordinates the Colorado Bar Association's Drug Policy Project.
Dan Riffle is a former assistant prosecutor for Vinton County, Ohio who has turned lobbyist on Capitol Hill. He currently serves as the Director of Federal Policies for Marijuana Policy Project and has shepherded 2013 legislation through Illinois making it the second largest medical marijuana state.
Kathy Haddock is the Senior Assistant City Attorney for the City of Boulder, Colorado. She is primarily responsible for advising finance, records, elections, airport, special districts, and special projects including medical and recreational marijuana. She has also been responsible for drafting the laws that license and govern medical marijuana businesses in Boulder, Colorado.
Monday, May 26, 2014
Who Represents Corporate America
Our annual survey of the law firms that work for the nation's largest companies takes a global focus.
Source: http://www.nationallawjournal.com/id=1202625300999?rss=rss_nlj
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OPINION: Chemerinsky: God, Birth Control and Corporate America
Can a corporation claim to have religious beliefs and, if so, does it violate those beliefs to force the business to include contraceptive coverage in the health insurance it provides its employees? The U.S. Supreme Court has just granted review in two cases on the issue.
Source: http://www.nationallawjournal.com/id=1202631180111?rss=rss_nlj
Malawi president seeks to nullify election results
[JURIST] Malawi President Joyce Banda [BBC profile] announced [press release] Saturday that, due to extreme irregularities in the voting process, she is nullifying the national tripartite results for the presidential, parliamentary and local elections. President Banda cited as her authority Section 88(2) [text, PDF] of the Malawi Constitution, which states that the president shall have the responsibility to "provide executive leadership in the interest of national unity." However, some have questioned [Malawi Voice report] her power to nullify results. Upon...
Source: http://jurist.org/paperchase/2014/05/malawi-president-attempts-to-nullify-election-results.php
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Plaintiffs Seek to Consolidate Target Data Breach Suits
Attorneys who filed class actions against Target Corp. over its security breach last month have moved to coordinate the swelling tide of litigation, estimated at nearly 50 lawsuits.
Source: http://www.nationallawjournal.com/id=1202637342683?rss=rss_nlj
Like The Juice On Facebook, And Follow Him On Twitter, Or Else …
Or else what? If you don’t like The Juice on Facebook, and/or follow him on Twitter (@LegalJuice), expect a visit from Officer Cartman. He gets very angry if you do not respect his authority.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/tlaNY9EpyZo/like-juice-facebook-follow-twitter-else.html
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LawBiz® Legal Pad: Leaving Your Law Firm
The recession has been tough on law firms, and many lawyers have been laid off or terminated. In this week’s clip, Ed discusses tips for lawyers as they leave their firms and look for new work.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/szhhrur9p4A/
Lender Can’t Collect Deficiency for Repo
Plaintiff finance company has not carried its burden of proof and the Richmond Circuit Court denies its claim for a money deficiency following repossession of a motor vehicle on a conditional sales contract. Defendant denies liability on the ground that she did not sign the agreement. Plaintiff’s evidence did not establish that anyone observed defendant ...
Source: http://valawyersweekly.com/2014/01/02/lender-cant-collect-deficiency-for-repo/
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BP to appeal oil spill ruling to Supreme Court
[JURIST] British Petroleum (BP) [corporate website] announced [press release] Wednesday that it will appeal a recent US Court of Appeals for the Fifth Circuit decision to the US Supreme Court [official websites]. The March decision [JURIST report] by the Fifth Circuit rejected BP's claim that payments to alleged oil spill victims claiming economic losses should be excluded because the damages were not traceable to the spill. The extensive regional economic fallout [JURIST backgrounder] along the Gulf of Mexico states has...
Source: http://jurist.org/paperchase/2014/05/bp-to-appeal-oil-spill-ruling-to-supreme-court.php
Sunday, May 25, 2014
Sidley Austin Looks to Riverbed to Build a Broader Network
Sidley Austin had a legacy network connecting its 17 offices in the U.S., Asia and Europe, resulting in slow data transfers and limiting the firm's ability to centralize IT resources. To create better connectivity between offices, the firm upgraded its network with Riverbed appliances.
Source: http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1202473966828&rss=rss_ltn
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The Ethical Implications of NSA Surveillance for Lawyers
Some technology experts believe it's not a matter of if law firm communications can be hacked, but when. With continuing reports of the NSA and foreign entities monitoring the privileged attorney-client communications of US law firms, lawyers may be required to take additional measures to protect client information. On this edition of Digital Detectives, hosts Sharon Nelson and John Simek discuss the growing dangers and evolving duties for clients and attorneys with cyber security expert David Ries from Clark Hill Thorp Reed. Among the many changes to legal practice are alterations to the Model Rules of Professional Conduct, increased contractual expectations from clients, and a growing need to encrypt portable devices. Tune in to learn more about these developing areas of attorney responsibility.
David Ries is a member in the Pittsburgh office of Clark Hill Thorp Reed, LLP where he practices in the areas of environmental, commercial, and technology law and litigation. He regularly deals with privacy and security issues in his practice and frequently writes and speaks on them for legal, professional, and academic groups.
Special thanks to our sponsor, Digital WarRoom.
David Ries is a member in the Pittsburgh office of Clark Hill Thorp Reed, LLP where he practices in the areas of environmental, commercial, and technology law and litigation. He regularly deals with privacy and security issues in his practice and frequently writes and speaks on them for legal, professional, and academic groups.
Special thanks to our sponsor, Digital WarRoom.
Enhanced 911, The FCC, and a Grandfather’s Mandate for Direct Dial
In an emergency, seconds count. What if you couldn't call 911 because you couldn't reach an outside line? On this episode of Lawyer 2 Lawyer, host J. Craig Williams interviews Henry "Hank" Hunt, the man petitioning for Kari's Law, and FCC Commissioner Ajit Pai. Together they discuss the importance of uniform dialing for 911.
Henry Hunt's nine year old granddaughter, through no fault of her own, could not reach 911 to save her mother. Despite her multiple attempts, the calls would not connect because the hotel's phone system required dialing 9 to get an outside line. In the wake of these events, this Texas grandfather started the Kari's Law petition which calls for mandated direct-dial 911.
Ajit Pai serves as FCC Commissioner focusing on regulatory environments where competition and innovation flourish. He is the former Associate General Counsel at Verizon. In addition, he has served as Senior Counsel with the Department of Justice and Chief Counsel to the Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights, and Property Rights.
Henry Hunt's nine year old granddaughter, through no fault of her own, could not reach 911 to save her mother. Despite her multiple attempts, the calls would not connect because the hotel's phone system required dialing 9 to get an outside line. In the wake of these events, this Texas grandfather started the Kari's Law petition which calls for mandated direct-dial 911.
Ajit Pai serves as FCC Commissioner focusing on regulatory environments where competition and innovation flourish. He is the former Associate General Counsel at Verizon. In addition, he has served as Senior Counsel with the Department of Justice and Chief Counsel to the Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights, and Property Rights.
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District Court Cites Recent “Evolution” of Rule 23 Standards to Deny Class Certification Motion in Securities Action Based Upon Allegedly Misleading Registration Statement
In In re Kosmos Energy Ltd. Securities Litigation, No. 3:12-CV-373-B, 2014 U.S. Dist. LEXIS 36365 (N.D. Tex. Mar. 19, 2014), the United States District Court for the Northern District of Texas (Boyle, J.) denied lead plaintiff’s class certification motion in a consolidated action alleging claims under Sections 11, 12(a)(2) and 15 of the Securities Act of 1933 (“1933 Act”), 15 U.S.C. §§ 77k, 77l(a)(2), 77o. The 1933 Act regulates registration and offering statements by holding issuers and other offering participants strictly liable for material misstatements and omissions. Reliance is not an element of the claim. Plaintiff’s class certification motion rested on the notion that 1933 Act claims presumptively deserve class treatment. The district court, however, rejected the continued vitality of this notion in light of the recent “evolution of the case authority on class certification” requiring “a more skeptical view with a more exacting review process.” The district court’s decision recognizes that, as with other substantive areas of law, this “evolution” applies in securities law cases. Hence, historically “pro-plaintiff” approaches to class certification in securities cases (including cases based on 1933 Act claims) must yield to the newly evolved class certification standards.
Defendant Kosmos Energy Ltd. issued a registration statement in connection with its IPO that allegedly misstated the performance of an offshore oil field. Plaintiff, a pension plan, which purchased stock in the IPO, brought 1933 act claims against Kosmos, the underwriting banks, and others. It also sought to certify a class of persons who purchased Kosmos stock “pursuant to or traceable to the IPO,” alleging a class period from May 10, 2011, the IPO date, to January 10, 2012, the date of the first lawsuit.
Defendants argued plaintiff failed to show it could adequately represent the putative class and that common questions of law and fact predominated over questions affecting only individual class members. Before addressing these grounds, the district court reviewed recent U.S. Supreme Court class-action developments. In its view, class certification has “evol[ved]” from a “presumptively pro-plaintiff” approach, allowing certification “based solely on the pleadings or on a modicum of evidentiary support,” to an entirely evidentiary-driven inquiry. It identified the U.S. Supreme Court’s opinion last year in Comcast v. Behrend, 133 S. Ct. 1426 (2013), as “the culmination of this movement.”
Turning to the question of adequacy, the district court agreed that some precedents had “presumptively favored finding class representatives adequate.” It, declared, however, that the U.S. Supreme Court’s decisions in Comcast and Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), “leave[] no doubt that plaintiffs can no longer rely upon the lax adequacy standards employed at times in the past. Instead plaintiffs seeking certification must produce actual, credible evidence that the proposed class representatives are informed, able individuals, who are themselves — not the lawyers –– actually directing the litigation.” Plaintiff did not do this. The district court blamed this failure on plaintiff’s misguided view that the new, stricter approach to class certification did not apply to its 1933 Act claims: “Ultimately, the Plan’s fatal mistake was that it apparently presumed its task here is lessened because of the securities law provisions under which this case is filed.”
The district court next addressed predominance. Plaintiff invoked precedents showing district courts favorably disposed to certifying classes in securities cases, arguing that Comcast’s evidence-based approach to Rule 23 was limited to antitrust and other non-securities cases. The court disagreed. “While it is true that courts have, at times, noted that cases brought pursuant to §§ 11 and 12 of the 1933 Act are ‘especially amenable’ to class certification and resolution, ‘it does not follow’ from such isolated statements ‘that a court should relax its certification analysis, or presume a requirement for certification is met, merely because a plaintiff’s claims fall within [the same] substantive categor[y].’”
The district court noted that plaintiff proffered no evidence showing common-question predominance. In contrast, defendants introduced evidence suggesting the availability of a limited, 1933 Act affirmative defense — investor knowledge of the alleged untruth or omission at the time of purchase — that, if adjudicated, would cause issues to predominate over common questions. Specifically, via an expert’s report, defendants introduced an event study showing 14 instances of negative, new information regarding the oil field’s performance entering the market after the IPO date but before the close of the class period, suggesting varying degrees of investor knowledge across the class period. The court noted that the need for individualized affirmative defense inquiries ordinarily cannot defeat class certification where evidence otherwise shows predominance. Here, however, plaintiff had presented “zero-evidence.” The district court denied plaintiff’s class certification motion.
Kosmos makes an emphatic point regarding the application of recent Supreme Court class action decisions to securities cases generally. It specifically identifies Comcast as foreclosing “presumptive” approaches to Rule 23 in securities cases. In other words, it recognizes that any approach that relieves the plaintiff of the Rule 23 evidentiary burden it would otherwise bear stands at odds with Comcast. This observation is particularly cogent as the Supreme Court will soon decide in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 [see blog article here], whether to overrule or modify Basic Inc. v. Levinson, 485 U.S. 224 (1988), which adopted the fraud-on-the-market presumption of reliance to permit class actions in cases brought under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b).
SCOTUS to rule on cell phone privacy
The United States Supreme Court has accepted for review a state case and a federal case dealing with cell phone privacy. The question is whether the use of evidence taken from a cell phone incident to arrest violates the defendant’s Fourth Amendment rights. According to SCOTUSblog, they were not consolidated for review but likely will be heard one after the other, sometime in April. The cases are Riley v. California (the state case) and United States v. Wurie.
Source: http://minnlawyer.com/minnlawyerblog/2014/01/20/scotus-to-rule-on-cell-phone-privacy/
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Straight From The Hole
It's far easier to wrap your head around torture when it involves the infliction of active pain. That doesn't make passive pain, the infliction of often unbearable psychological punishment, an less torturous. And it happens regularly, and many time arbitrarily, as explained in an op-ed by Wilbert Rideau, who served 44 years for manslaughter in Louisiana.
Before you dismiss Rideau as a killer who deserved whatever he got, bear in mind that stories from the inside aren't told by saints. Every once in a while, a former inmate emerges with the erudition necessary to put into words the world that most of us never knew existed. When this happens, it's a window through which we need to look. Rideau offers a view of solitary confinement, the hole.
© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Before you dismiss Rideau as a killer who deserved whatever he got, bear in mind that stories from the inside aren't told by saints. Every once in a while, a former inmate emerges with the erudition necessary to put into words the world that most of us never knew existed. When this happens, it's a window through which we need to look. Rideau offers a view of solitary confinement, the hole.
I know something about solitary confinement, because I’ve been there. I spent a total of 12 years in various solitary confinement cells. And I can tell you that isolating a human being for years in a barren cell the size of a small bathroom is the cruelest thing you can do to a person.Deprived of all human contact, you lose your feeling of connectedness to the world. You lose your ability to make small talk, even with the guard who shoves your meal through the slot in the door. You live entirely in your head, for there is nothing else. You talk to yourself, answer yourself. You become paranoid, depressed, sleepless. To ward off madness, you must give your mind something to do. In 1970, I counted the 358 rivets that held my steel cell together, over and over. Every time the walls seemed to be closing in on me, I counted them again, to give my mind something to fasten on to.
Without having been there, it's likely inconceivable to understand what happens to a mind in isolation. Some of us have trouble being alone for an hour, an evening, a day. Add day upon day, year upon year. But not the way it is for us, where we still have access to television or internet, even if there is no other living person around. No, this is completely different.
But to add insult to injury, don't leap to the assumption that if a prisoner ends up in the hole, he must have done something pretty bad to deserve it.
In a world where authorities exercise absolute power and demand abject obedience, prisoners are almost always going to be on the losing side, and they know it.
The typical inmate doesn’t want trouble. He has little to gain and too much to lose: his job, his visits, his recreation time, his phone privileges, his right to buy tuna, ramen and stale bread at inflated prices in the commissary. The ways even a bystander to the most peaceful protest can be punished are limited only by the imagination of the authorities.
Punishment can be deserved or not. There's no due process in prison. There's no one to complain to about being punished based on a false accusation, a trumped up allegation, a guard pissed off by an attitude. Authorities own the lives of prisoners, and can be as harsh as they want to be, as arbitrary as they feel like. And there isn't a damn thing you can do about it.
Rideau explains that the prison protests in California are an outgrowth of a system run amok and no other means of addressing their grievance.
And yet, sometimes things get so bad that prisoners feel compelled to protest, with work stoppages, riots or hunger strikes. On July 8, some 30,000 inmates in the custody of the California Department of Corrections went on a hunger strike to demand improvements in prison conditions. Their biggest complaint was the runaway use of solitary confinement, the fact that thousands of prisoners are consigned to this cruelty indefinitely, some for decades.
While prisoners are sentenced to incarceration, no judge sentences them to isolation for decades. There is no requirement that any neutral party review the decision to inflict this torture on another human being. It can be imposed for a sound reason or no reason at all. Who is to disagree? But no matter what the reason or nonreason, to put a person in the hole for years, for decades, is to impose psychological torture of a terrible kind on a human being. And there is nothing, absolutely nothing, the prisoner can do about it.
In California, inmates did the only thing left for them to do, protest. Not too many of us care about what happened to "criminals." After all, bad dudes who did bad things to other people. A pox on them. They get what they deserve and their out of sight, out of mind. But there is good reason to give them just a little bit of though. For one thing, they are still people, and we are still purportedly a civilized society that doesn't condone the needless brutal treatment of people. But if you lack anything remotely resembling empathy, than do it for your own sake:
Why should you be concerned about the inhumane conditions of prolonged solitary confinement, with all the social, emotional and mental deterioration that it entails? Well, every year men from California’s Pelican Bay and other supermax prisons around the nation are released directly from the vacuum of their cells into free society, to live and work among you and your loved ones. As a matter of self-preservation, maybe we should all join the prisoners’ request for rehabilitative opportunities that will improve the mental health of those in solitary.
Go say "hi" to the guy who moved in down the block kids. So what if he spent the last two decades in the hole and seems a bit odd. I'm sure he'll get over it.
© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Source: http://blog.simplejustice.us/2013/07/17/straight-from-the-hole.aspx?ref=rss
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