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Wednesday, July 31, 2013
The Craigslist Killer: A Case Study in Digital Forensics
The case of the Craiglist Killer has lived on through digital forensics. The Boston Police released their case files in the Craigslist Killer case to the Boston Phoenix which then published a remarkable story about the investigation in April of 2012. Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc., and John W. Simek, Vice President of Sensei Enterprises, explore the intricacies of this captivating case including: evidence from surveillance cameras and privacy implications, getting social media evidence and poaching wireless networks.
It’s a Blog Eat Blog World: Legal Blogs and the Solo Practitioner
Are you looking to start your own blog but don’t know where to begin? New Solo host, Attorney Kyle R. Guelcher, a solo practitioner and the most recent Chair of the Young Lawyers Division of the Massachusetts Bar Association joins legal blogger, legal technology guru and co-host of Legal Talk Network’s Lawyer2Lawyer, Attorney Bob Ambrogi, to offer tips to solos on starting your own blog. Bob talks about everything from which platform is best, to what type of information you should contribute as a blogger, to how to promote your blog and stand out from the others.
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Video Conferencing for Lawyers
Video conferencing can be a very effective and economical tool for law firms and corporate law departments, as long as the correct choices are made. Find out how to choose the correct video conferencing technology for you when Monica Bay, host of Law Technology Now and editor-in-chief of ALM’s Law Technology News, interviews Steven Levy, principal of Seattle-based Lexician.
Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/05/video-conferencing-for-lawyers/
Philadelphia Accuses Major Banks of Antitrust Violations
Manipulation of the index used to calculate the interest rate paid by big banks to municipal bond issuers on interest-rate swaps led to sizable losses for Philadelphia and other government entities across the country, the city alleged in a complaint filed in the Eastern District of Pennsylvania.
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All Zimmerman or All Trayvon Martin
Many criminal defense lawyers studiously ignore cases that catch the public's attention. They just aren't that legally interesting, even if the facts or issues give rise to popular passion. And so it's been for the trial of George Zimmerman for murder 2º in the killing of Trayvon Martin. Aside from John Steele's having raised the question of the ethics of overcharging, there hasn't been a whole lot to write about.
Now that the trial is coming to a close, however, an interesting question, both legal and tactical, has arisen: would it be best for the defense to take an all-or-nothing approach, murder 2º or acquittal, or a split-the-baby approach, charging the jury on the lesser-included crime of manslaughter.
As Jacob Gershman writes at the Wall Street Journal law blog, the die has been cast.
While it may be that Zimmerman's claim of self-defense, that he feared his life to be so endangered as to allow him to lawfully kill another person, isn't entirely persuasive, there is strong support for his claim that he was in fear, even if he overreacted.
That the prosecution chose to shoot low and hope for a compromise rather than a murder conviction, while the defense went for all-or-nothing and fought the lesser charge, reflects their view of the relative strength of their case. Not surprisingly, the prosecution is showing some serious weakness in its faith that its murder 2 charge will bear out.
As John Steele argued before trial, there is a strong current of thought that the prosecution followed a political path, appeasing angry voices demanding Justice for Trayvon without giving the facts of the case much thought. It appears that the trial evidence has borne this out to a large extent.
But most damning is the prosecution's second request of Judge Debra Nelson.
It appears that while the judge hasn't tossed the murder 2º count as being legally insufficient, which would seem to address the ethical question of the charge being within the very large ballpark of reasonable charges under the facts of the case, neither the judge nor the prosecution has much faith that the jury will convict. The prosecution is now grasping at straws, hoping to get a conviction for anything it can.
For the defense, given the evidence that's come in, this isn't a good thing or particularly fair thing. They tried a case to the charge, and are now faced with the possibility of a compromise verdict from a jury that might feel badly enough at the death of a young man (which is quite understandable, regardless of whether he contributed to it) to feel that Zimmerman ought to be convicted of something.
While this isn't the way it's supposed to go in theory, it's a nightmare for the defense, having fought the charge only to face being skewered by a compromise.
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Now that the trial is coming to a close, however, an interesting question, both legal and tactical, has arisen: would it be best for the defense to take an all-or-nothing approach, murder 2º or acquittal, or a split-the-baby approach, charging the jury on the lesser-included crime of manslaughter.
As Jacob Gershman writes at the Wall Street Journal law blog, the die has been cast.
Notwithstanding what either party individually contends, it remains the judge's responsibility to decide whether to submit a lesser-included offense to the jury if one party requests it. So if the prosecution felt sufficiently secure in its case that it would get a murder conviction, while the defense feared conviction and was looking to find an out, they would be fighting against a manslaughter instruction lest the jury, feeling any sympathy toward the defendant, compromise. That's not happening here.George Zimmerman was charged with second-degree murder in the shooting death of Trayvon Martin. So why do jurors now have an option of convicting him of manslaughter?
The short answer: the judge said they could.
Yet the option, which was supported by prosecutors but raised the hackles of the defense, is not clearly spelled out in Florida law.
While it may be that Zimmerman's claim of self-defense, that he feared his life to be so endangered as to allow him to lawfully kill another person, isn't entirely persuasive, there is strong support for his claim that he was in fear, even if he overreacted.
Florida law works differently. There’s no slicing and dicing of self-defense. The penal code doesn’t recognize “imperfect self defense.” The law forces juries to either believe that someone had a right to act in self-defense or is a murderer.
There is a loophole, however, as illustrated by Mr. Zimmerman’s trial, which entered into closing arguments Thursday.
In Florida, a judge can choose to give juries a middle-of-the-road option, saying it can convict someone of voluntary manslaughter if it isn’t convinced that the defendant acted out of “ill will, hatred, spite, or evil intent.” Voluntary manslaughter is a catch-all offense that includes a killing caused by “culpable negligence.”
That the prosecution chose to shoot low and hope for a compromise rather than a murder conviction, while the defense went for all-or-nothing and fought the lesser charge, reflects their view of the relative strength of their case. Not surprisingly, the prosecution is showing some serious weakness in its faith that its murder 2 charge will bear out.
As John Steele argued before trial, there is a strong current of thought that the prosecution followed a political path, appeasing angry voices demanding Justice for Trayvon without giving the facts of the case much thought. It appears that the trial evidence has borne this out to a large extent.
But most damning is the prosecution's second request of Judge Debra Nelson.
So a reduced charge of manslaughter still isn't sufficient for the prosecution to reach its comfort zone, and it's digging even deeper for an even lesser charge of murder 3º. Not only is that damning and humiliating, but as West says, it's "outrageous." What's next, trespassing because Zimmerman walked on somebody else's lawn?Prosecutor Richard Mantei argued that instructions for third-degree murder should be included on the premise that Zimmerman committed child abuse when he fatally shot 17-year-old Trayvon Martin because Martin was underage.
But defense attorney Don West called the proposed instruction "a trick," and he accused the prosecutor of springing it on the defense at the last minute.
"Just when I didn't think this case could get any more bizarre, the state is alleging child abuse?" West said. "This is outrageous. It's outrageous the state would seek to do this at this time."
It appears that while the judge hasn't tossed the murder 2º count as being legally insufficient, which would seem to address the ethical question of the charge being within the very large ballpark of reasonable charges under the facts of the case, neither the judge nor the prosecution has much faith that the jury will convict. The prosecution is now grasping at straws, hoping to get a conviction for anything it can.
For the defense, given the evidence that's come in, this isn't a good thing or particularly fair thing. They tried a case to the charge, and are now faced with the possibility of a compromise verdict from a jury that might feel badly enough at the death of a young man (which is quite understandable, regardless of whether he contributed to it) to feel that Zimmerman ought to be convicted of something.
While this isn't the way it's supposed to go in theory, it's a nightmare for the defense, having fought the charge only to face being skewered by a compromise.
© 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/2013/07/12/all-zimmerman-or-all-trayvon-martin-2.aspx?ref=rss
Liability After Facebook’s IPO
Facebook’s super-hyped IPO quickly turned into Wall Street folly. Lawsuits were filed almost immediately. Accusations of selective financial disclosure, investor deception and NASDAQ negligence are flying. So who is to blame? And who is liable? Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the legal story of Facebook’s botched IPO and pending litigation from John P. ("Sean") Coffey, Managing Director at BlackRobe Capital Partners, and Scott M. Berman, Partner at Friedman Kaplan Seiler & Adelman.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/06/liability-after-facebooks-ipo/
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Twitter: A Sleeping Discovery Giant?
Attorney Daniel Cummins and staff reporter Ben Present discuss the emerging issue of social media law. In this installment, the two discuss the differences between Facebook and Twitter, and whether Twitter posts can be discoverable.
Tuesday, July 30, 2013
Protip: Don't Screw With Old Folks
A squad of 18 deputies in Cook County were very aggressive in trying to collect money from deadbeat dads, using whatever methods they needed to bring these culprits to justice. When they put a gun to 77-year-old Merien Macon's head, however, they messed with the wrong person. From the Chicago Tribune:
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When the unit arrived at the Macons' home, two weeks before Merien's arrest, officers had two outstanding warrants for couple's son, Derrick Macon, then 50, including one for child support. Officers insisted they be allowed into the home, William Macon said.
Because the officers did not have a search warrant, William Macon refused, he said.
William Macon, 83 years old, wasn't to be easily pushed. You gotta love tough old birds. And before anyone gets all bent out of shape about his "derelict" deadbeat son, it turns out that while the team knew all about the outstanding warrants for child support, they somehow missed the order holding that he wasn't the father of the child. But let's not have facts impair a good story.
When the deputies saw Merien drive up to the back of the home, they approached with guns drawn — one pointed at her head as she sat in the car — and pressed her about her son's whereabouts, according to the lawsuit.
"I was really surprised when they walked up with their guns," Merien Macon, a retired clerical worker, said last week. "I was scared. I was shocked. I was surprised."
Macon, who had dropped off her son earlier, told them she didn't know where he was and she did not want to answer questions, [Macon's lawyer, Elizabeth] Kaveny said.
And so the deputies, duly chastised by their overly violent conduct frightening a nice old woman, apologized profusely and left her in peace outraged by her refusal to do as they commanded, decided to teach an old woman a lesson.
At that point, Merien Macon became upset and told the officers she would not speak to them. The officers handcuffed, frisked and arrested Merien Macon on a charge of obstruction of justice.
The officers then took her to a nearby parking lot, where they gave her a phone and told her to call her son and find out where he was.
Merien's husband, William, a retired electrician, called that "a hostage situation," attempting to trade off his wife for his son. The sheriff's office claimed that was not at all the case, and they were just being thoughtful.
The sheriff's office denied attempting to pressure Macon to call her son and said she was moved to the parking lot because her husband had become upset and neighbors were starting to gather.
They didn't want to upset old William by forcing him to watch her cuffed, frisked and with guns pointed at his wife's head. A very sensitive gesture in law enforcement, likely to win a medal at some point.
The Macons sued for what was done to Merien.
Merien Macon was charged with felony obstruction of justice, leading her to file a lawsuit against Sheriff Tom Dart and the officers involved. A Cook County jury recently sided with her, awarding Macon $327,500 and agreeing with her husband that what happened that afternoon went too far.
Frankly, that's a very healthy award, give that most plaintiffs in her situation could hope for a fraction of that at best. But then, picture a jury hearing the testimony in this case, looking at the 77-year-old woman and her loving 83-year-old husband, and pondering the cuffs on her wrists, the hands on her body, the gun at her head, all over a mistaken child support warrant. It doesn't get more sympathetic than this.
"I've seen this type of thing over and over and over," William Macon said. "But when it happens to you it becomes more personal."
Truth. Unless you happen to be knowledgeable about your rights, have the guts to assert them with a gun pointed at your head and, purely by happenstance, a couple of cool codgers, chances aren't good you would end up with a verdict of this magnitude. This makes it an exceptionally good reason to both applaud the Macons, and to care a whole lot about when things like this happen "over and over and over." Because next time it could be you, and it will, without question, become "more personal."
H/T Spencer Neal
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Source: http://blog.simplejustice.us/2013/07/13/protip-dont-screw-with-old-folks.aspx?ref=rss
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Blending Special Needs Trusts and Structured Settlements
For severely injured plaintiffs and their families, the combination of special needs trusts and structured settlements can help provide financial security to secure future needs. Ringler Radio host Larry Cohen and co-host, Carmella Limongelli discuss this beneficial combination of financial solutions with Attorney Jay J. Sangerman, an expert in special needs trusts. Listen and find out when a special needs trust should be considered and what features the trust should have to qualify as a self-settled special needs trust.
The DRI - ‘The Voice of the Defense Bar'
DRI is considered a ‘think tank’ for defense attorneys and in-house counsel. On Ringler Radio, host Larry Cohen and Ringler colleague, Jim Early, join Attorney Matthew Cairns from the firm, Gallagher, Callahan & Gartrell, to focus on the DRI - ‘The Voice of the Defense Bar’ and talk about what defense attorneys should know about the settlement process.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/10/the-dri-the-voice-of-the-defense-bar/
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Solo Sanity: How to Control the Anxiety
The largest proportion of attorneys work as sole practitioners, or within small firms and chronic stress is rampant among these attorneys, who face stress from all sides. On The Un-Billable Hour, host Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program joins returning guest, Attorney Eric MacLeish, principal of MacLeish & Woolverton, to cite the major stress points for sole and small firm attorneys, steps attorneys can take to reduce the impact of acute and chronic stress, and the benefits of learning to manage stress.
Pardon Our 100th Interruption
The Kennedy Mighell Report has reached a milestone: Episode 100! As part of the celebration your hosts will bring you today’s legal technology issues in the format of one of their favorite shows: ESPN’s Pardon the Interruption. Hear how technology can make your business more efficient, highlights from the ABA Tech Show, the future of technology for lawyers, and more
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Blawg 100 Amici
ABA Journal has just opened it's 100 best legal blog list.
This is an annual list, compiled on the basis of votes by readers, of the best blogs that lawyers should know about. If you enjoy my blawg, please follow this link to nominate it! Of course, you can also vote for other blog authors too, but please consider voting for mine, and let the editors know why you appreciate it!
Ed
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/4fRnIPZWtnM/
Evaluating and Negotiating Workers’ Compensation Claims
Closing a workers’ compensation claim involves a two-step process: evaluation and negotiation. On Ringler Radio, host Larry Cohen joins colleague, Teddy Snyder, Esq. and Attorney Sylvia Lopez from Bakersfield, California, to talk about closing workers’ compensation claims. They explore the risks and advantages to a claimant and employer in closing a workers’ compensation claim, the importance of rated age and how a structured settlement can give injured workers the best of both worlds.
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Will Accused Boston Marathon Bomber Dzhokhar Tsarnaev Get the Death Penalty?
Dzhokhar Tsarnaev, the surviving brother of the accused for the Boston marathon bombings, has become a face of the media lately. His prosecution and potential sentence raises many questions for both the public and the legal world. Attorneys and co-hosts Craig Williams and Bob Ambrogi join Attorney Jack Cunha and Professor Douglas Berman to discuss the prosecution and trial of the suspect.
• Jack Cunha, of Cunha & Holcomb, is a practicing criminal attorney based in Boston, Massachusetts. A former instructor at Suffolk and Harvard Law Schools, Cunha lectures nationally for various associations and schools such as The National Association of Criminal Defense Attorneys, Harvard Law, and CLE Programs mainly on criminal defense.
• Douglas Berman, Professor of Law at The Ohio State University’s Moritz College of Law, has taught a myriad of courses at Ohio State including criminal law, criminal punishment and sentencing, and the death penalty. He is co-author of a casebook, Sentencing Law and Policy: Cases, Statutes, and Guidelines. He also writes a popular blog titled Sentencing Law and Policy.
Tune in to hear what these experienced professionals have to say as they answer questions such as: Although Massachusetts outlawed the death penalty in 1984, will prosecutors use federal law to seek the death penalty for Tsarnaev? Will the fact that the suspect is only 19 call for mitigation? and more.
• Jack Cunha, of Cunha & Holcomb, is a practicing criminal attorney based in Boston, Massachusetts. A former instructor at Suffolk and Harvard Law Schools, Cunha lectures nationally for various associations and schools such as The National Association of Criminal Defense Attorneys, Harvard Law, and CLE Programs mainly on criminal defense.
• Douglas Berman, Professor of Law at The Ohio State University’s Moritz College of Law, has taught a myriad of courses at Ohio State including criminal law, criminal punishment and sentencing, and the death penalty. He is co-author of a casebook, Sentencing Law and Policy: Cases, Statutes, and Guidelines. He also writes a popular blog titled Sentencing Law and Policy.
Tune in to hear what these experienced professionals have to say as they answer questions such as: Although Massachusetts outlawed the death penalty in 1984, will prosecutors use federal law to seek the death penalty for Tsarnaev? Will the fact that the suspect is only 19 call for mitigation? and more.
Monday, July 29, 2013
Legal Battles Over Land Rights, Pipelines Are On The Rise
The industry estimates that the U.S. will need to add 2,000 miles of pipeline per year, and that's just natural gas. Oil will need its own infrastructure. That means there will be a lot of pipeline going through a lot of private land — along with sometimes long, drawn-out legal fights with landowners.
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Source: http://www.npr.org/2013/07/29/206635127/legal-battles-increase-over-pipeline-projects?ft=1&f=1070
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The Internet of Things and Our Virtual Lives
The Internet of Things explains the virtual representation of objects on the web — like turning your car’s AC on from a smartphone app. Is it possible that soon the internet will be able to control our daily lives, down to resetting our alarm based on the train schedule we take to commute to work? Dennis Kennedy and Tom Mighell talk about the possibilities and implications of the internet of things in our daily lives and in the legal field. The second portion of the show explains The Human Genome Project, and what Kennedy learned after sending in his DNA.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/03/the-internet-of-things/
‘Brooks’ will get expedited review
State v. Brooks is headed for the Minnesota Supreme Court on an accelerated schedule, bypassing a hearing at the Court of Appeals.
Brooks is Minnesota’s State v. McNeely. In McNeely, the U.S. Supreme Court ruled that search warrants are required in some DWI cases before a blood alcohol sample is taken without consent, and that the dissipation of alcohol in the blood is not in and of itself an exigency that obviates the need for a warrant. In Brooks, which is actually the consolidation of three cases, the Court of Appeals originally said in 2012 that the single-factor exigency permitted warrantless tests. Brooks went up to the U.S. Supreme Court which promptly sent it back down with instructions to reconsider in light of McNeely.
The parties will submit the same briefs that were submitted to the Court of Appeals and oral arguments will then be settled. The respondent’s brief is due July 31.
Many will greet the accelerated review with enthusiasm. Word is that some district courts are delaying cases in hopes of getting more guidance on McNeely. And McNeely doesn’t apply if the person consents. Look for arguments over consent, especially given Minnesota’s punishment for test refusal. If it’s a crime to refuse, what is consent?
Source: http://minnlawyer.com/minnlawyerblog/2013/07/16/brooks-will-get-expedited-review/
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UN rights chief urges Israel to reconsider draft law that would displace Bedouins
[JURIST] UN High Commissioner for Human Rights Navi Pillay [official website] on Thursday urged [press release] Israel to reconsider a law [press release] that, if adopted, is likely to result in the demolition of up to 35 Bedouin villages in the Negev desert. The proposed Law for Regularizing Bedouin Habitation in the Negev (Prawer-Begin Bill) [text, PDF] seeks to offer Bedouins limited compensation [UN News Centre report] on the condition that they move to one of seven Bedouin townships the...
Judge Davis orders investigation in to attorney William Butler
In a rare move U.S. District Court Judge Michael Davis appointed former federal judge James Rosenbaum to investigate the actions of Minneapolis lawyer William Butler. Butler has been hit with more than $300,000 in sanctions.
At the same time an investigation by the Minnesota Lawyers Professional Responsibility is underway in to his conduct.
Davis asked Rosenbaum to: “to investigate [Butler’s] fitness to appear before this court, and to make a recommendation regarding appropriate disciplinary actions or sanctions.”
Butler does foreclosure law and he has caught the attention of several federal judges. Minnesota Lawyer has noted his problems with the bench before. He defends people whose homes have been foreclosed upon, but does so using an argument that has routinely been dismissed.
Butler argues that mortgage companies do not have clear title to the original notes, making foreclosures illegal.
Several judges have rejected this argument and have fined Butler for what U.S. District Judge Ann Montgomery called:
“Butler’s insistence on re-litigating losing arguments is staggering, and it comes with a cost, because it multiplies the expense of litigation and monopolizes scarce judicial resources,” she wrote. “Moreover, no one, not even Butler, can reasonably or competently believe in the merits of any of these arguments.”
The Star Tribune filed this report today.
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Solos, Structured Settlements, & Medicare Set Asides
Solo attorneys need to know what is happening in the structured settlement industry for a more successful practice. New Solo host, Attorney Kyle R. Guelcher, a solo practitioner looks to the experts, Ringler Associates Consultant Peter Early, and Vincent Polinsky, Director of Operations at Ringler Medicare Solutions, to explain the evolving role of the structured settlement consultant today. Hear the discussion about the advantages of a Medicare Set-Aside, and the benefits overall to your client’s settlement.
Supreme Court Watch: Employment law cases
We will be watching three pending cases at the US Supreme Court as the Court's session opens today:
Kloeckner v. Solis
Oral argument on October 2.
The Merit Systems Protection Board (MSPB) hears appeals by federal employees regarding certain adverse actions, such as dismissals. If the employee asserts that the challenged action was the result of unlawful discrimination, that claim is referred to as a "mixed case."
Question Presented: If the MSPB decides a mixed case without determining the merits of the discrimination claim, is the court with jurisdiction over that claim the Court of Appeals for the Federal Circuit or a district court?
Vance v. Ball State Univ
Oral argument on November 26.
Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) held that under Title VII, an employer is vicariously liable for workplace harassment by a supervisor of the victim. If the harasser was the victim’s co-employee, however, the employer is not liable absent proof of negligence.
Question Presented: Whether the Faragher and Ellerth “supervisor” liability rule (i) applies to harassment by those whom the employer vests with authority to direct and oversee their victim’s daily work, or (ii) is limited to those harassers who have the power to “hire, fire, demote, promote, transfer, or discipline” their victim.
Genesis HealthCare v. Symczyk
Oral argument December 3.
Symczk sued under the Fair Labor Standards Act (FLSA) on behalf of herself and all others similarly situated. This was a section 216(b) collective action. The defendants extended an offer of judgment under Fed. R. Civ. P. 68 in full satisfaction of her alleged damages, fees, and costs - prior to her moving for conditional certification and prior to other potential plaintiffs opting in.
Question Presented: Whether a case becomes moot, and thus beyond the judicial power of Article III, when the lone plaintiff receives an offer from the defendants to satisfy all of the plaintiff's claims.
Source: http://www.lawmemo.com/blog/2012/10/supreme_court_w_11.html
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Sunday, July 28, 2013
What’s Next for RSS Feeds and News Readers?
After much anticipation, Google Reader has left the webosphere. Users have until July 15th to grab their data from the app and find a replacement. So, what’s next? On this edition of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell will discuss news-reader app options and the future of RSS feeds. In the second half of the episode your hosts ask whether Google Search is still the best search engine. Dare they suggest that users divert from the Google conglomerate? Tune in to find out.
Thanks to our sponsor, Transporter.
Thanks to our sponsor, Transporter.
In Closing Arguments, Prosecutors Portray Manning As Reckless
At issue is whether Pfc. Bradley Manning knowingly provided intelligence to enemies of the U.S. The aiding-the-enemy charge is punishable by life in prison.
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Even If You Think Kids Need To Earn Their Keep ...
As a parent, you want to make sure your kids can handle themselves when they are on their own. This is not how you do it. As reported by swflcrimestoppers.org:
Southwest FloridaCrime Stoppers is asking for the public’s help identifying two women who utilized the innocence of several young children to commit a felony crime earlier this week.
According to deputies, two adult females, and five young children, entered the Gymboree store at 20350 Summerlin Road, Fort Myers, on Tuesday evening, July 23, to go shopping. When they approached the check out counter, another female was there speaking with one of the employees. When the suspect became engaged in that conversation, one of the children swiped the victims wallet, which was left on the counter. Once the stolen wallet was in hand, the troupe quickly exited the store and left in a white colored vehicle. The victim’s phone was also taken, but was found shortly thereafter along the roadside near Tanger Outlets.And if you're thinking that the adults aren't that sharp, well ...
Within an hour, credit cards left in the wallet were used twice at Pier One Imports for charges of more than $200, as well as the Foot Locker at the Edison Mall, charging up two initial fraudulent purchases for roughly $400. When the suspect and her children, ranging in age from 5-12, returned to make a third purchase for approximately $600 in shoes, the card was declined, as the victim had reported her credit cards as being stolen.... You would be right.
As a result of a barrage of Crime Stoppers tips received today, the primary suspect in this case has been positively identified as Shanice Stewart, DOB 2/13/88. She now faces charges of felony grand theft and possible other charges. Stewart is a registered convicted felon with an extensive rap sheet, dating back to her first felony for grand theft auto at age 14. Since then she’s been jailed in Lee County for a long list of charges including burglary, aggravated assault, robbery, dealing in stolen property, multiple counts of theft, among other charges. Stewart has also spent jail time in both Collier and Manatee Counties.You'll find the source, and a mug shot, here.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/EabgS9oc-Jk/even_if_you_think_kids_need_to.html
Partnering, Join Ventures and Strategic Alliances
Sheppard Mullin has advised clients with respect to a broad range of transactions involving various types of "corporate partnering" and strategic relationships. In particular, we have special expertise in structuring and negotiating joint ventures and strategic alliances (whether in corporate, limited liability company, partnership, contractual or other form of joint enterprise or through strategic contracts and licenses) for resource and product acquisition, distribution, development, infrastructure development, market penetration and risk sharing purposes, as well as all related ancillary agreements, such as marketing, distribution, license and supply agreements. While our corporate lawyers generally coordinate all aspects of joint venture and strategic alliance representation, through our Strategic Alliance practice they work closely with lawyers in other areas such as antitrust, government contracts and tax in order to provide broad support for these critical arrangements. Structuring and negotiating these very complicated transactions requires, in addition to legal guidance and counseling, substantial business experience; all of which we have garnered through the depth of our experience in these transactions.
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Five Tips for Avoiding Email Compliance Traps
In this electronic age, ubiquitous email can be the smoking gun that enforcement agencies rely on to demonstrate corporate wrongdoing. For compliance officers, that means having a clear understanding of how employees may be misusing technology to dodge the rules.
Legal Crackdown on Human Trafficking
Human trafficking is "modern-day slavery." And if you think it isn’t happening near you, think again. The United Nations estimates nearly 2.4 million people may be the victims of this crime. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams take a legal look at this troubling issue with Professor Bridgette Carr from the University of Michigan Law School, Attorney Ann Johnson from Houston, Texas and Mary C. Ellison, Director of Policy for Polaris Project.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/04/legal-crackdown-on-human-trafficking/
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The Day Tripper Dilemma
If I was hoping to court the legally-ignorant, politically conservative reader, yesterday would not have been a good day for me. While lawprof Glenn Reynolds, Instapundit, couldn't be bothered to learn about the criminal justice system before opining about how to fix it, he had time to write about how mean I was to him. Not terribly surprising, given how lawprofs tend to be a bit sensitive,
What came of Reynolds' post was a curious thing, a swarm of his followers commenting in his defense. Most were just silly, reflecting the folks who follow his political agenda, and good for some lulz, but they raised an interesting dilemma: lacking education, practical experience or sufficient interest to learn about the substantive issues and problems involved, they ripped me a new one because the post here to which they were directed was the culmination of both numerous posts about Reynolds' disastrous Ham Sandwich Nation "fix" for the criminal justice system and even more numerous posts on the underlying issues.
One commenter made a good point, that my telling them to read a bunch of posts that would provide the substance that isn't in the one post to which they were directed is "weaksauce." He's right. It's not that this matters much, as they haven't come because they have any sincere interest in the subject. If they did, they would already be knowledgeable and wouldn't demand to be taught from the ground up.
But then, to the extent this is anything other than a humorous aside for those of us who are involved in criminal justice issues, it's an opportunity to educate the poor souls who are limited by Reynolds deep commentary (Heh?), and their point that the one post they read wasn't substantive is well-taken.
So if they can't be expected to read a hundred posts (and it's not really reasonable to expect them to do so), they lack any foundational knowledge on the subject and they're generally disinclined to disagree with their political guru, is there any way to address this gap?
Bear in mind that when the post that made Reynolds cry was written, it wasn't for the purpose of educating his followers but as the coda in the series of posts about his awful ideas to fix the system at the expense of defendants, which in turn was based on innumerable posts here about specific issues and problems with the system. Way too much to include in one post (and likely one full-length book, for that matter), and completely unnecessary for regular readers here or people who are knowledgeable about criminal law.
Obviously, I can't go back and rewrite the post as Criminal Law 101 for the benefit of Instapundit readers, with lengthy explanations that are obvious to the rest of us. Perhaps I should have anticipated that Reynolds would get all butthurt about it, write a post with his deepest thoughts, and cause an influx of his readers to come here to salvage his damaged dignity, but I didn't. And even if I had, it would have bored the daylights out of regular readers here. As SJ is neither political nor a plea for popularity among the Instapundit fans, the idea of writing a post in anticipation of the swarm seems outlandish.
One answer could be found on the flip side, if only Reynolds had an appreciation of the more thoughtful legal and practical impact of his politically driven ideas, such that his purportedly well-intended, if misguided, fixes were themselves more substantive, but it's hardly useful to blame the guy who proffers bad ideas for not understanding why his ideas are bad. If he did, he wouldn't have done so in the first place.
One might expect him, as a lawprof, to try to gain a far better basis of knowledge before going off, but that was one of the primary points of my rant about Reynolds in the first place. And he's playing to a political audience (which is a large part of the problem) rather than to an audience knowledgeable or seriously concerned about criminal law. It's easy to pass off shallow ideas to those who know nothing about the practical impact.
Yet, I missed an opportunity to educate a not insignificant group of day trippers who think they've got a clue because they read tripe like Reynolds' Ham Sandwich Nation. It's a shame to pass up an opportunity like that. It's a dilemma. I regret not having done a far better job of making use of the opportunity to illuminate.
© 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.
What came of Reynolds' post was a curious thing, a swarm of his followers commenting in his defense. Most were just silly, reflecting the folks who follow his political agenda, and good for some lulz, but they raised an interesting dilemma: lacking education, practical experience or sufficient interest to learn about the substantive issues and problems involved, they ripped me a new one because the post here to which they were directed was the culmination of both numerous posts about Reynolds' disastrous Ham Sandwich Nation "fix" for the criminal justice system and even more numerous posts on the underlying issues.
One commenter made a good point, that my telling them to read a bunch of posts that would provide the substance that isn't in the one post to which they were directed is "weaksauce." He's right. It's not that this matters much, as they haven't come because they have any sincere interest in the subject. If they did, they would already be knowledgeable and wouldn't demand to be taught from the ground up.
But then, to the extent this is anything other than a humorous aside for those of us who are involved in criminal justice issues, it's an opportunity to educate the poor souls who are limited by Reynolds deep commentary (Heh?), and their point that the one post they read wasn't substantive is well-taken.
So if they can't be expected to read a hundred posts (and it's not really reasonable to expect them to do so), they lack any foundational knowledge on the subject and they're generally disinclined to disagree with their political guru, is there any way to address this gap?
Bear in mind that when the post that made Reynolds cry was written, it wasn't for the purpose of educating his followers but as the coda in the series of posts about his awful ideas to fix the system at the expense of defendants, which in turn was based on innumerable posts here about specific issues and problems with the system. Way too much to include in one post (and likely one full-length book, for that matter), and completely unnecessary for regular readers here or people who are knowledgeable about criminal law.
Obviously, I can't go back and rewrite the post as Criminal Law 101 for the benefit of Instapundit readers, with lengthy explanations that are obvious to the rest of us. Perhaps I should have anticipated that Reynolds would get all butthurt about it, write a post with his deepest thoughts, and cause an influx of his readers to come here to salvage his damaged dignity, but I didn't. And even if I had, it would have bored the daylights out of regular readers here. As SJ is neither political nor a plea for popularity among the Instapundit fans, the idea of writing a post in anticipation of the swarm seems outlandish.
One answer could be found on the flip side, if only Reynolds had an appreciation of the more thoughtful legal and practical impact of his politically driven ideas, such that his purportedly well-intended, if misguided, fixes were themselves more substantive, but it's hardly useful to blame the guy who proffers bad ideas for not understanding why his ideas are bad. If he did, he wouldn't have done so in the first place.
One might expect him, as a lawprof, to try to gain a far better basis of knowledge before going off, but that was one of the primary points of my rant about Reynolds in the first place. And he's playing to a political audience (which is a large part of the problem) rather than to an audience knowledgeable or seriously concerned about criminal law. It's easy to pass off shallow ideas to those who know nothing about the practical impact.
Yet, I missed an opportunity to educate a not insignificant group of day trippers who think they've got a clue because they read tripe like Reynolds' Ham Sandwich Nation. It's a shame to pass up an opportunity like that. It's a dilemma. I regret not having done a far better job of making use of the opportunity to illuminate.
© 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/2013/07/12/the-day-tripper-dilemma.aspx?ref=rss
Brainless Blunders in E-Discovery Searches
Are you guilty of making big mistakes when it comes to e-discovery searches? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc., and John W. Simek, Vice President of Sensei Enterprises, welcome guest Attorney Craig Ball, one of the country’s leading computer forensics technologists, to share his insights on brainless blunders in e-discovery searches. Craig also talks about recall and precision as mortal enemies, data volume rather than data quality and tips on looking at data as data rather than as documents.
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Saturday, July 27, 2013
After Five Years, Why So Few Charges In Financial Crisis?
Federal prosecutors have been successfully obtaining convictions in a range of insider trading cases. Not so when it comes to activities by banks and other firms linked to the housing collapse and financial crisis of 2008. Experts say the reasons include the complexity of the cases and priorities of prosecutors.
Q&A: Foreign Companies Seek Protection of U.S. Chapter 11
Troubled companies as far away as Taiwan are eschewing their home courts in favor of a U.S. Chapter 11 bankruptcy case.
Professional Competence requires Technology Proficiency
Visiting ALM LegalTech conference today was eye popping in both its simplicity and complexity.
First, the simple: D. Casey Flaherty, corporate counsel at Kia Motors America, suggests that law firms don't need more software. They need to use their existing software more efficiently and effectively. What a concept. Reminds me of the scientists' suggesting that humans use only 10% or less of our mental capacity.
The difference between the two concepts is that inefficient use of existing technology increases the legal spend for clients. And only Corporate America can do what Mr. Flaherty did: subject his outside counsel to economic consequences when they are guilty. He recently reduced a law firm’s billing to Kia Motors by 40 hours because he detected they didn’t know how to use Word to print to a .pdf file and eliminate the scanning process which would have reduced associates time on his matters by the 40 hours. Multiply this scenario many times and you are talking about hundreds of thousands of dollars in lawyer billing. More on that in a later post.
Next, the complex: Owen Byrd of Lex Machina discussed the concept of Moneyball for Lawyers. He says that “Moneyball” applies data (any collection of facts) to analytics in order to understand trends and patterns that emerge from that data. This supplements legal research and reasoning with predictive analytics. This approach can help predict a party's behavior, likely outcome of a lawsuit and the results from a specific legal strategy or argument. The concept, emanating from Stanford studies, can be viewed merely as a new research tool. If so, it's rather expensive. It can also be viewed as a marketing tool by helping you refine your pitches for new legal work to prospective clients. In this case, the cost is insignificant when you attain one or more new clients. This is the future of the legal profession. Currently, Lex Machina and its approach can be utilized only by the larger organizations with big money at stake. But, the handwriting is on the wall.
Most important, these two divergent approaches to technology demonstrate the need to be proficient with current technology in order to satisfy rule 1.1 (definition of competence) and to run scared about the future if you fail to pay attention to the changes coming in the future. The bottom line is to serve clients well. Your awareness and proficiency with technology addresses that goal…and may provide a competitive advantage to some.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/xMEGAvn7G6s/
'Horrific' Videos Brand Sex Offender as High-Risk
Child pornography possessed by a sex offender in Manhattan so repulsed Acting Supreme Court Justice Jill Konviser that she not only relegated the convict to the highest and most restrictive classification allowed by law, but also suggested the defendant is an off-the-charts sexual deviant.
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Roberta Gelb on Technology Training
Roberta Gelb, president of Chelsea Office Systems, talks about how trends such as cloud computing and bring your own device (BYOD) have law firms realizing the importance of training in the adoption of new technologies.
Old School Marketing in the Legal World
With the popularity of social media on the rise within the legal profession, has old school marketing taken a back seat? Jared Correia, the host of The Legal ToolKit and Law Practice Management Advisor with Mass. LOMAP, joins Attorney Christopher Strang, partner at the Boston law firm, Desmond, Strang & Scott LLP and Robert Simpson, President/CEO of Waverider Communications, to talk about the pros of old school marketing, including: the importance of developing and implementing a strategy, the power of networking and how lawyers can successfully market themselves in both non-traditional and traditional modes.
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/04/old-school-marketing-in-the-legal-world/
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Friday, July 26, 2013
The AM Roundup: Police Biker Clubs Draw Scrutiny
Top Legal Blogs & State of the Blawg-osphere in 2013
There seems to be a resurgence in law-related blogging. But which blogs will have a significant impact on your practice this year? In this episode Dennis and Tom discuss recently-published lists of notable blogs, briefly chat about Dennis’s own “Blawggie Awards” and share their recommended blogs, why they enjoy them and how they might affect your practice. Dennis and Tom will also share their own, personal technology resolutions for 2013 and as always, give their parting shots… that one tip, website or observation you can start using immediately after this podcast.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/02/best-legal-blawgs-blawgosphere/
After Five Years, Why So Few Charges In Financial Crisis?
Federal prosecutors have been successfully obtaining convictions in a range of insider trading cases. Not so when it comes to activities by banks and other firms linked to the housing collapse and financial crisis of 2008. Experts say the reasons include the complexity of the cases and priorities of prosecutors.
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Paralegals Are Key in Witness Preparation
Katherine James was getting her masters in acting when her mentor was called to jury duty. The stories he had after his experience in court inspired her to open ACT of Communication: Consultants in the Art of Advocacy. The organization brings state-of-the-art communication skills to attorneys and their witnesses. James uses what she learned in acting school, like the importance of eye contact and clear communication, to prep attorneys and witnesses for the courtroom. With more than 30 years of experience, she has helped take more than 15,000 cases to trial.
On this edition of The Paralegal Voice host Vicki Voisin talks with James about her career in witness preparation and the importance of paralegals in her work. James stresses that paralegals are the key to getting to know witnesses, the first step to making them feel comfortable with their role in the case. She also provides tips for witness preparation such as practicing on camera, the importance of appearance and wardrobe, and more.
There is also a surprise interview at the end of the show where listeners can get to know Jericka Lyon, fellow paralegal and winner of a trip to Los Angeles and tickets to the Dancing With the Stars Finale through the Legal Talk Network giveaway!
Special thanks to our sponsor, National Association of Legal Assistants (NALA).
On this edition of The Paralegal Voice host Vicki Voisin talks with James about her career in witness preparation and the importance of paralegals in her work. James stresses that paralegals are the key to getting to know witnesses, the first step to making them feel comfortable with their role in the case. She also provides tips for witness preparation such as practicing on camera, the importance of appearance and wardrobe, and more.
There is also a surprise interview at the end of the show where listeners can get to know Jericka Lyon, fellow paralegal and winner of a trip to Los Angeles and tickets to the Dancing With the Stars Finale through the Legal Talk Network giveaway!
Special thanks to our sponsor, National Association of Legal Assistants (NALA).
Act Two: Legal Tech Pioneers Return to Compete in Legal Tech Market
On Law Technology Now, host and Law Technology News magazine editor-in-chief, Monica Bay joins William Bice, co-founder and chair of LiquidPractice, and Graham Smith, founder and CEO of Opus 2 International, to talk about Law Technology News’ April cover story, "Act Two." Bice and Smith explain why they decided to return to the legal technology community after selling ProLaw and LiveNote to an industry giant.
LawBiz® Legal Pad: Why Marketing Matters for Lawyers, Part 2
Ed shares some thoughts on electronic marketing and offers ideas on how traditional marketing can help you stand out in the crowd.
-You are more likely to be remembered, thus contacted, if you reach people on a personal level.
-Differentiating yourself will lead to increased :
--calls by clients and prospects
--meetings
--calls from the media
--meetings
-And most importantly: More money in the bank.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/uURlD7b7Di0/
Thursday, July 25, 2013
Content Marketing for Lawyers
If you want to market your practice by leveraging your expertise, content marketing may be your answer. Jared Correia, the host of The Legal Toolkit and Senior Law Practice Advisor with Mass. LOMAP, interviews Gyi Tsakalakis, the director of web marketing for AttorneySync, to get the skinny. Jared and Gyi discuss different types of content marketing and distribution platforms, the efficacy of paywalls and the skill set lawyers need to become effective content marketers.
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/08/content-marketing-for-lawyers/
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Dubious in the First Degree
While many folks from the heartland despise the New York Times for its purported coddling of criminals, its contents don't always bear out this sensibility. It's done it again by publishing Lawrence Downes' homage to ignorance in its editorial notebook.
Payback is a bitch, and to the extent Downes' screed offers anything, it's the insight to what motivates this tyranny of the majority against the 600 Long Island Railroad retirees on disability who had the misfortune of following the LIRR's advice and going to Dr. Peter Ajemian. Long Islanders hate the LIRR. They hate the price of tickets. They hate having to stand on their daily commute despite the absurdly expensive cost of the ride. They hate the uncaring conductors enforcing rules that presume their passengers to be criminals seeking to get free rides. The LIRR has done much to cause this hatred, and only a fool would deny it's well deserved.
This is payback time. Finally, the media and the government have given us an easy target of this hatred, this simmering anger, and the rest of us, the commuters, the business people who paid the hated Commuter Tax, have an excuse to unleash our venom.
For a working schlub who commutes from the suburbs, the Long Island Rail Road disability scandal of 2008 was powerful evidence that the game of life is rigged.
Hundreds of railroad employees — engineers to white-collar managers — would retire in fine health as early as 50, then become instantly and lucratively disabled. If they took their phantom neck and back pain to the right doctor and to an obscure federal railroad board that almost never said no to a disability claim, the checks would start to flow. The daily grind turned into daily golf.
Hundreds? Name them, Downes. After years of investigation, the government has prosecuted a grand total of 33 defendants, of which 25 have pleaded guilty. Does this amount to hundreds on disability playing "daily golf" using the New York Times version of math?
The scheme cost taxpayers more than a quarter of a billion federal dollars from 2000 to 2008. It also gouged the L.I.R.R., which had to pay for all those early retirees’ pensions and for overtime and training new employees. What was most shocking about this gravy train was how many L.I.R.R. employees were on it. Every year from 2000 to 2008, between 93 percent and 97 percent of employees over 50 who retired with 20 years of service got disability payments. Experts had to wonder what other workplace, besides the gulag, crippled so many of its workers.
Experts knew exactly what happened, even if pundits were confounded. Older employees cost the LIRR a lot of money. They were paid at a much higher rate than new employees, and to reduce costs, the LIRR sought to persuade older workers to move on so they could be replaced with far less expensive employees. Nothing hard to grasp here, Downes. It's just money.
So the LIRR held seminars for the older workers about how they could retire on disability, and steered workers to facilitators who would help them navigate their way through the Railroad Retirement Board's disability system. These workers were sent to physicians who knew what was needed and could help them obtain a disability annuity.
Of course (and nobody seems to get this part of it), the RRB would have these retirees examined by their own physicians, who would review not only the narrative reports of docs like Ajemian, but the treatment notes, x-rays and MRI's as well. Suggesting that one doc like Ajemian could single-handedly defraud the federal the government is absurd, unless you eliminate the nasty facts and ignore the parts that don't conform to the narrative of payback.
It's not that this doesn't give rise to issues. A railroad disability isn't like a disability that applies to desk jockeys. It's an occupation disability, where it's given because of the inability to do railroad work, meaning those guys who fix the broken switches in the middle of the night in a snowstorm so you can hate them during your morning commute.
Do you really want the guy popping Vicodin because of his herniated disks responsible for the lives of a thousand people? The potential for harm is so great that railroad workers have been singled out for random drug testing, approved by the Supreme Court in 1989 in Skinner v. Railway Labor Executives’ Assn even thought suspicionless testing would be unconstitutional if applied to, say, New York Times pundits.
Even putting aside these and myriad other "details" wholly ignored by the media, there remains a flagrant flaw:
The Railroad Retirement Board has only now decided to cut off payments to about 600 of the dubiously disabled, months after the doctor who signed off on their diagnoses, Peter Ajemian, pleaded guilty to fraud in federal court.
Meet the new criteria for terminating rights by the federal government, dubiousness. Forget "beyond a reasonable doubt," "preponderance of the evidence" or "probable cause." Heck, not even reasonable suspicion. Dubiousness. And why does the New York Times endorse the new standard of "dubiousness" for deprivation?
Disenchanted riders are counting on the feds and the L.I.R.R. to get the money back, and send the belated message that the schemers will be punished.
It's not about proof of wrongdoing. There is no proof of wrongdoing. The only "proof" is that guys with missing limbs and multiple surgeries went to Peter Ajemian (plus the unmentioned RRB doctors, but let's not muddle up anger with facts). As long as people are angry, we don't need no stinkin' evidence.
Lest someone get the misimpression that it's just the Times feeding into the anger and ignorance that pervades the media attention, Newsday offered an editorial as well:
Now the LIRR wants to revoke their pensions as well. Workers who are truly disabled can reapply for disability benefits -- a hassle, probably, but a crucial step to whittle out those who committed fraud.
Because it would be far too hard to expect the government of the United States of America to figure out first whether someone did wrong before convicting them of dubiousness in the first degree and denying them due process? The difference here is that expectations of thoughtfulness by Newsday are inherently lower than that of the Times. Tell the families who use the disability annuity for food that they just need to suffer the hassle of the next year without it to make the government's job easier.
As far as I can tell, I may be the only voice speaking out for the LIRR disabled, which is itself curious given that I commuted for 25 years on the railroad and hate the LIRR as much as the next guy. But my hatred of the railroad doesn't obscure the facts, my rage doesn't make me desire payback from innocent targets.
For those of you who rail about constitutional violations when it comes to the police, what's being done here isn't materially different. These 600 have been painted with the Ajemian brush, though none have been found guilty of any fraud nor afforded a fair opportunity to challenge the taint imputed to them for committing the crime of dubiousness.
But then, you aren't getting a disability annuity, so why should you care if the government wrongfully beats the crap out of some other guys, as long as you get to go about your life unimpeded. And besides, everybody hates the LIRR, so it's just too hard to muster any sympathy. Too hard for Newsday. Too hard for Downes. Too hard for the New York Times. Thinking is too damn hard. Let's just burn them all at the stake and call it a day.
© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Source: http://blog.simplejustice.us/2013/07/08/dubious-in-the-first-degree.aspx?ref=rss
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