Police Officer Arrested in Florida

(Jacksonville Criminal Attorney Blog)
... Sanford, Florida police officer was arrested on August 11th for unlawful compensation for official behavior according to the Florida Department of Law Enforcement. Officer Chris McClendon is accused of using his position as a police officer to aid a Sanford car ... loan was forgiven. Officer McClendon is accused of receiving $8000.00 worth of unlawful compensation. Under Florida law, unlawful compensation or reward for official behavior is a second degree felony and is punishable for up to 15 years ...
August 21, 2008 06:02 am

Tocqueville on Lawyers

(Concurring Opinions)
... foreign to its nature. Lawyers belong to the people by birth and interest, and to the aristocracy by habit and taste; they may be looked upon as the connecting link between the two great classes of society. The whole section is a nice introduction to the tensions between the rule of law and democracy. And if you find Tocqueville's methodology too loose or unscientific, check out Jon Elster, Patterns of causal analysis in Tocqueville's Democracy in America, 3 Rationality and Society 277 (1990).
August 21, 2008 05:28 am

Arbitration and Statutory Franchise Fraud

(Psychology of Compliance " Due Diligence Law)
... v. Tiffany and Company described the resolution to the puzzle this way: "There is, however, a way to understand "manifest disregard of the law" that preserves the established relation between court and arbitrator and resolves the tension in the competing ... a fight to the death. But as part of the compromise, the arbitrator cannot direct parties to agree to violate the law. Violation means acting in disregard of a statute or regulation. The 6th Circuit decided that the Arbitrator could not simply ...
August 21, 2008 05:22 am
... to ensure the effective protection of intellectual property in the context of civil proceedings. However, the ECJ declared that Community law does require that, when transposing the directive, the authorities and courts of the member states must not only interpret ... not rely on an interpretation which would conflict with fundamental rights or with other general principles of Community law, such as the principle of proportionality. Sweden has also claimed that Article 8 of the directive is hard to ...
August 21, 2008 04:41 am
RALEIGH, North Carolina (AP) -- A mental patient died after workers at a North Carolina hospital left him in a chair for 22 hours without feeding him or helping him use the bathroom, said federal officials who have threatened to cut off the facility's funding. The state sent a team Tuesday to help Cherry Hospital in Goldsboro draft new procedures to ensure patients receive proper care. An investigator's report ...
August 21, 2008 04:27 am

Corporal Punishment Today

(Adjunct Law Prof Blog)
For many of us who practice Education Law, we just assume that corporal punishment is illegal. However, it is not actually "unlawful" in the sense of being a crime. Many states prohibit this practice and discipline teachers and administrators for...
August 21, 2008 04:26 am
Empire Financial v. Bellantoni, ___A.D. 3d ____(4th Dep't. July 3, 2008), is an unusual, but important employment law case. The employer allowed its employees to share files and correspondence in contemplation of a sale to the new employer. However, the...
August 21, 2008 04:24 am
The August 11, 2008 National Law Journal ran a very important article entitled Subpoena tactic in work suits draws fire (registration required). It is about the practice of some employer defendants in employment law suits to subpoena plaintiff's new or...
August 21, 2008 04:24 am
... since 2007. The State filed its motion to proceed to final adjudication just eleven days after the change in the law took effect. But the appeal is on the same terms as a revocation of probation. Morris must show that the trial court' ... matter jurisdiction over the offense charged, such as when a misdemeanor involving official misconduct is tried in a county court at law, (3) the record reflects that there is no evidence to support the conviction, or (4) an indigent defendant is required to face ...
August 21, 2008 04:06 am
Lawyer's and storytelling go hand in hand, but when you get in front of a jury, it can be difficult to tell a story when you can't change the facts. However, the following post from the Law Practice Today Blog gives you some tips on the subject. However, I would also encourage you to check out Jim Perdue's two books "Winning With Stories" and "Who Will Speak for the Victim?" both of which can be purchased online from the Texas Bar. The Power of Storytelling in Your Legal Practice How do ...
August 21, 2008 04:04 am
... did not constitute a "loss" under the relevant policy language and therefore is not insurable under applicable law. In its August 18 opinion, the Eleventh Circuit affirmed this portion of the district court's rulings. The Eleventh Circuit said ... conclude that the money was wrongly acquired." The Eleventh Circuit said that "the return of money received through a violation of law, even if the actions of the recipient were innocent, constitutes a restitutionary payment, not a 'loss'." The Eleventh ...
August 21, 2008 02:22 am

Walter Michalik and the Roslindale Community Center

(The Substantially Similar Weblog)
... can be neither productive nor taken seriously. The context is a response to an announcement sent out pursuant to the Community Centers By-Laws scheduling a special meeting to discuss the recent upheaval on the Council. There's no reason this should not be ... when the IRS launches its investigation, be advised that YOU DO NOT HAVE THE AUTHORITY TO CALL FOR A SPECIAL MEETING. The By Laws do not allow the President/Chair to call for a Special meeting - that right is reserved for the MEMBERS to have ...
August 21, 2008 02:20 am
... the underlying deals out of which the cases arose became the key task, grilling law students seemed less and less effective. Gradually, bit by bit, I freed ... what's the point? That seems pretty straightforward, but here's the problem: traditional law classes don't have very good measures of teaching or learning. If ... learning. Thus, good evaluations are not equivalent to good teaching. Also, traditional law school exams are not very effective measures of learning. This requires a fuller discussion, ...
August 21, 2008 01:41 am

Myth of Financial Literacy Education

(Psychology of Compliance " Due Diligence Law)
Image via Wikipedia Lauren Willis writes about disclosure law that: "Seller disclosure and largely unfettered consumer choice is the dominant model ofr egulation in the U.S. for credit, insurance, and investment products. As these products have become more complex and the consequences of consumers' inability to understand them more dire, financial literacy education is a necessary corollary to the disclosure model. This education is widely believed to turn consumers into "responsible" and " ...
August 21, 2008 01:22 am

The New York Legal News Round Up

(Sui Generis--a New York law blog)
... round up of New York legal news headlines: Rejecting Special Referee's Report, N.Y. Court Suspends Attorney (New York Law Journal) New York City agrees to pay protesters $2 million (Reuters) New York Attorney General Cuomo to Sue Merrill Lynch (FoxBusiness) Insurer Suit Challenges Changes in New York's Workers' Compensation Laws (Workforce.com) NYC bus workers file suit against diesel makers (Newsday) Lawsuit says NY women's classes are discriminatory (Newsday)
August 21, 2008 01:14 am
... 't take long for the birds to come home to roost in Albany. Appleton Acquisition, LLC v. National Housing Partnership, 10 N.Y.3d 250, 886 N.E.2d 144, 856 N.Y.S.2d 522 (2008) held that NY's limited partnership statutory appraisal remedy precluded common law fraud remedies. But wait, said the dissent: since the statute didn't clearly abrogate the common law fraud remedy, it should be allowed. Guess what case the dissent cited in support? Of course the majority labored mightily to distinguish it.
August 21, 2008 01:04 am
... attorneys in each jursidiction. Recent examples include "Mergers & Acquisitions in Colombia" and "Secured Transactions in Uruguay". It is often difficult to locate up to date information in English for many of these subjects. So, a tip of the hat to the folks at Latin Lawyer for providing this nice service. As for the subscriber only content, "Latin Lawyer" offers excellent coverage of major legal and law firm develpoments throughout Latin America. Latin Lawyer Online [www.latinlawyer.com]
August 21, 2008 12:56 am

Genoa

(Unenumerated)
... innovators of the later Middle Ages, and if anything was key to their innovations it was their advanced contract law and their commitment to freedom of contract. Nothing showed this commitment more than its long struggle against Church doctrine ... reinsurance. Exchanges sprang up for trading public debt, commodity futures, and other commercial paper. Bankruptcy law and the settlement of international trade disputes reached new levels of sophistication. Accounting became widespread and double-entry ...
August 21, 2008 12:25 am

Divorce: 100 Tips and Resources to Get You Through

(Minnesota Divorce " Family Law Blog)
... take time to get over your divorce. Set personal goals for yourself that are both challenging and realistic to help you get back on track. Get to know the laws of your state. Depending on the state you're in, what you're entitled to after a divorce can vary widely. Read up on divorce law in your state to find out what you'll be facing in court. Protect your assets. You may think it can't happen to you, but some spouses have drained joint ...
August 20, 2008 11:55 pm
... three highest annual wage earned by the employee. The formula is then: the average "high three" times .02 times (for the first twenty years) times the number of years of employment. After 20 years the multiplier is increased to .025. Under federal law, a state divorce court can divide retirement benefits in either type of plan by entering a Qualified Domestic Relations Order. If either you or your spouse has accrued benefits in either type of plan, you should talk to your divorce attorney about ...
August 20, 2008 11:50 pm
 
 
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