Minggu, 12 Februari 2012

The better angels of our profession

With a series of articles on the law school, David Segal of The New York Times, has left a deep impression. Since the beginning of the calendar year 2011 Segal has repeatedly criticized some aspects of contemporary legal education. At a time when few lawyers' salaries are not kept pace with the skyrocketing cost of law school and student debt, he asked about the economic rationality of the law school. He accused some law schools offer financial assistance program as part of the maintenance of a grade point to be achieved, which is then facing the harsh grading curve evaporated and expose the receiver to the tuition account complete the second and third years, it seems. He challenged colleges to prove they are not a law, that schools operate as a cash cow to subsidize low-income units on campus.
But no one else in the portfolio of David Segal, the attention of the Academy as legal attracted 20 November 2011 article entitled "After law school, learning to be associated with legal experts." This excerpt gives a sense section as a whole:
[T] he three people taking notes are not students. They are partners in a law firm called Biddle & Reath drinkers, the company proceed with the transaction was completed. And they each had three years and as much as $ 150,000 for the rights.
What they do not get all the time and money, a lot of practical training. Law schools have long emphasized the theoretical utility, with classes, with differences of old, as many are crowded with post-feudal property of England. Teacher exchanges hugs chin, as Law Review article "The future is predictable. Neo-Aristotelian Praise postmodern theory of law" with titles such as rewards

In other words: "All I need to know about the law, I have not learned in law school."
For publishers have published the complete article if Segal on the contrast between the expectations of law firms and law schools a priority. "The reform of legal education," said the U.S. law schools to make significant reforms, including a major retrospective of the emphasis on legal considerations, most importantly, take action as in the case.
Law professors across the country are a fairly strong reaction to the new York Times series, in particular in the chapter Segal legal recruitment calls writing faculty and staff of the school reform law. These reactions have come in three broad categories. Elisabeth Kubler-Ross would be proud: Given the challenge of dignity and right to exist, a law professor together cover almost the entire range of emotions in the grieving process. Some respond with denial and anger. Others are actively trying to negotiate with other branches of the legal profession. The other, albeit with some degree of depression, did his best to simply accept criticism and begin to address some form of meaning, to constructively.
Let me start with the money are angry. For me, I do not think that law professors and law schools do not favor themselves at the age of students in debt, unemployed law school graduate and lawyer, said that in the garbage critics "spicy" or (better yet) a ". biliary pole" It takes a measure of the depth of cynicism - a bit selfish, really - at the time, as a failure of authors and publishers motivated "to enter law school or a relative of the last checks to be characterized. One group, two law professors less angry really think the hard times of the legal profession a single cycle. Wait a year or two or five, it's like to walk, and everything is on the way they always come back.
Count me in the third camp. The criticism is true. They bite. We all, law schools and law students to lawyers and law firms must do something. Things that should things could be better.
There are of course many people to criticize the work of Segal and colleagues. "After law school, lawyers learn Associates" has a serious factual error. Segal distorts the content of the curriculum on criminal law and criminal law. He is represented as a legal research article published in the Journal of Philosophy. The Times in its entirety seems to be the value of analytical legal reasoning may be underestimated, and thus to a certain formalism of legal practice (as the certificate of amalgamation under) to increase. But to get away with small things, much less to tee off in anger or hatred, do not pay attention to the realities of modern legal practice. Things that traditional legal services has much of its value. Together with the classical model of the lawyers, the general legal training also decreased. Immediately opportunistic and enterprising, many of our competitors - foreign lawyers, a professional not a corporation, the lawyer to understand the real urgency of age, robust mobile technology - a disappointing expectations about starting salaries and along line-up of partnerships or leave. For hours, distrust conscious customers billable. They were not hostile to the idea of ​​subsidizing the training of young lawyers that they need 90 credits of formal law school to learn.

Minggu, 09 Oktober 2011

Immigration Law — Up Close


Kirk Adams, the Arizona House of Representatives, the President, Washington Post article today, has a controversial Arizona. Here is a selection of:
By law, agents are only "legal link" is defined as a legal arrest or the arrest of a stop and try to identify the immigration status of anyone. Any "suspicious" can only be obtained through the investigation of criminal offenses or other crimes. "Can I see your papers?": Only the man said, worry that the law should be taken into account.
Ask the police ask to see a variety of papers - they have reasonable suspicion or not. Identification of the work on the floor, standing, or fewer, people question what is the effect of, any: from the viewpoint of law, constitutional, and practical, this is the biggest problem? If returned, the population decline, the police are one step further, and say: "This is your right, Sir, you have to go", or the police, to answer questions as to the identity of the person, improves productivity by giving an order, the person who is arrested and threatened to arrest or false charges against someone?
Police (completely legal), and the people fade (the police power of the Constitution are limited) training for dealing with "forced" with the 'voluntary' in the line are split between each other. "Yes friends, the opportunity to see what is in your pocket!": For example, if a police officer said it was only when asked (Halal) or Command (for my purposes here, to break the law) is unclear. He seems to speak here because it is the responsibility of the volunteers agreed that the search is done: "Officer, I do not agree with us." Officials were (a) After hearing that the backward, and (b) states that they (c) approval has been ordered back to the people to ask. You can not deny what you say is false and the genuine official - and this comes to trial, the results are believed to be the judge. Worldliness a serious practical objections.

These vehicles, warrant, probable cause or suspicion on the stop. Far as I know, all the cars stopped. Ask the driver refused to answer police about immigration status.And as fast as the police know the man and the law with "self" is not clear that interest meet - she wants the road. To clarify the situation, the police often try to avoid. If arrested, the police, the driver away from the run or the (bad) do not want to fight, it is - but if the police were to be placed, the driver does not want to talk to hang with them - he wants the road. The police for false and / or illegal, he was arrested for threatening to explore - the answer to their questions. "Work".Questions - the police, "security" threat, or "block" or to cause them to block his view that the threat of police operations to discover, select a group of people were arrested, but there is no showing that occur in this case and the answers to produce identity documents. Here is a rare situation in which the right-handed. Residents are understandably intimidated by the threat may not be bad, but it can not be done to comply. In business, he has been deported within a few hours. This video is a real public service announcement - on immigration from any of your observations, how to understand clearly the police were dealing with.
See also the federal government, not Arizona, his music video by the police. They claim those who have not left unattended when the alert about the Constitution, so that "Arizona is already doing what the federal government." It is doubtful that the Obama Administration wants to be heard in contrast to the federal police reform.Challenge to the racial / ethnic reasons rather than trying to calculate ways to obtain a pair of Arizona, they try to keep the federal police power. Arizona law is simply misguided, but their legal challenge.

Minggu, 25 September 2011

Suharto tops corruption rankings ...wow

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Suharto corruption against senior
Bag $
Former President Suharto of Indonesia, topped the league in damage each time the list, the group says anti-corruption.

Reports of corruption (TI) global, use the list of private bribery, or hurt the development, and to display political corruption by Transparency International.

Suharto claimed that E is $ 15 - According to TI, a reign of 31 years $ 350 billion, abuse of power, the "hope of developing countries is compromised ..." shows you how.

Looting Zaire, Mobutu-Sese Seco is, the $ 50 billion in just behind.

, It was long distance was very high in a country with a GDP per capita average of $ 100.

It is 40% of the $ 12 billion aid to Zaire - received during the reign of 32 years - now the Democratic Republic of the Congo.

"Abuse of political power in order to create a level of despair that lead to conflict and violence to prevent the most of personal needs, an important public service," founder and president of IT, Mr. Peter Eigen says.

Repatriation

The new deal to contribute in the fight against corruption highlight of partially hopefully when you create a report of this year, will focus on political corruption.

Minggu, 11 September 2011

Comment is free Contempt laws are still valid in the internet age

It is not always easy to reconcile freedom of expression for the needs of the judiciary. As Attorney General, I see my role as a good defender of freedom of the press and the judiciary. And it is the guardian of public interest, not the minister that I do in case of violation, in order to protect the rights of the accused to a fair trial is clear and compelling public interest.In the English system, the contempt of Court Act, the system for the protection of these rights by limiting what they should be published about the case, then he is alive, so that the allegations are not relevant or not tested in court are not part of the consideration the jury. Other jurisdictions may have different ways of working hard to make these rights (eg, some - including many in the U.S. - the practice of jury selection) to protect.Last weekend, the question of how the law of contempt operates in the information age has been raised again. It is the contempt of Court Act 1981 applies, irrelevant, or even easier in the context of rapid communication in the whole world through the Internet?There is no doubt that the properties of the Internet and social media, particularly a challenge for law enforcement. Comments and information - information that is incorrect or - outside the jurisdiction of the United Kingdom sent can only be overcome through hard work and international cooperation. In a democracy, the Internet, which can be published by one person "viral" in a matter of hours, with obvious implications. Comments may be on the website of their audience far beyond the original published is limited and I use that word deliberately released, such as publications, of course, the term used in contempt of Federal Court Act -. an online article in violation of the no-fault liability, you run the risk, on the law of contempt.Unlike mainstream media, that the complex plot in a responsible and measured, people often feel the Internet is not restricted by state law. There is a belief that something is, to be published in the virtual world does not need the law of libel or slander to obey. This is wrong. And that does not mean that the police because they can not be perfect, uniform and universal, it is unnecessary to do something. I must definitely look for themselves. Just because in one case that I remember, perhaps, that the tweet, but it is not true, is not likely to seriously impair or impede the course of justice, it would be wrong to think this tweet others on the other cases, the law of contempt are not included and require action on my part.To be clear, contempt Court Act 1981 is intended to prohibit or restrict the freedom of speech - far from it. The bill was introduced as a measure of liberalization in the wake of the decision, in 1979, the European Court of Human Rights.This defines the limit of time points at which the transmitter is in danger, scorn, would protect journalists against disclosure to protect the confidentiality of the discussions in the jury room to retire, and the defense in cases of public discussion. It is also responsible for the contempt, so called because the reporter or editor, individual insults, without making the intention of the law.Of course, the action is set up, as are newspapers and radio stations, the only means available, and the pool is quite small, but I think it's the sound of the right of the modern era.I try not to compare, and I do not want to monitor. Inexorable rise of the Internet and citizen journalists we are presenting challenges for the future. We must work together to ensure that the highest professional standards maintained at the same time, press freedom and freedom of expression are not collected and used by individuals to undermine the fairness of our judicial system.

Rabu, 07 September 2011

news law Twitter joke trial Judgment of the threat airport use Twitter Reserved


  • Two chief judge, or was a joke threatened to blow up the message of Twitter Doncaster airport of snow in society, villain retired to consider whether.
 breakthrough, a real threat and Irwin Gross, Peter, to the definition of January 2010, Paul Chambers, I will you to post tweets to "white half" Suga Shikao in the High Court of Appeals I have heard that there is to be treated.! Robin Hood Airport is, his eyes closed, 690 Damn, Robin Hood Airport is closed for week stay murmured to the followers of the Institute of Chartered Accountants of Ireland and the new girlfriend of his students at the 28-year-old , "a little different to get the shit together. was seen ready to fly, I am of the airport is blowing sky high!"Had threatened one week later, he is five convicted seized the Communications Act of computer and telephone, will be prosecuted in 2003 and then was arrested, the police, and to generate 8 hours of interrogation.This is evidence that it is a joke, "this. Superiority, the pressure to loosen the nut" QC Ben Emerson, means that now fiancee of his ship Saraton, for the room has appeared in court.Event of the chamber, while at least have attracted great interest of Twitter users in order, including the support of Stephen Fry, to raise funds for the legal costs of the activities of celebrities. Listening to the comedian Al Murray Graham Linehan, Father Ted writer took part.Emerson, in order to consider whether the judge asked "If you do not have a terrible message to the power supply is a serious threat" is.He said: "should not be considered a crime and do not try to pass through the threat that the sender of the message."Because they are a serious threat that it does not form the airport, this room is his name, he has been approved by the authorities in a message to the passengers."In addition history of human behavior, someone public-networking sites, are they? I went to what was there is a need you have it and are planning to blow up the airport," he asked was.Suppression or punishment of Emerson's belief that there is a goal of being expressed. He sparks the balance confidence, sent to 4,000 people participated in the campaign Eat rate of Twitter, due to the deterrent effect has not been completely successful. He said, leaving belief as a law that says "look stupid".Irwin appeals judge, argued a case with the challenge of Emerson ".. the lens, so that whether it is a terrible message, not a question of intent"Words a terrible terrible if you agree with that contained murmur, but must be a joke obviously under QC 00 director, Robert Smith, of law, the accused appeared on behalf of the murmur of Chambers said it is not capital. He said that he believes to have been it, "threatened it is to blow up the form public airport Doncaster situations are arranged with no conditions around the simple message of the judge."General "message, and can be read by members as a threat to employees and airport public safety, which is a potential threat to airport security has been published in its safety and the airport: Smith said. efficient public.The security of the airport and aircraft, regardless. Is an important part of a free society, there is a need to implement in order to run, or the intent of profit deterrence, public powerful [threat] for the trust of the people " would have been "He is, "he said state of mind has not been specified" a joke that his girlfriend called Tweets of the Chamber of Commerce claims to be.Judge, "The young people of good character," he showed some sympathy Smith of the room, he explained according to Irwin. "Out of sympathy with one, you can not disturb the law in his position at that time"Irwin added: "One of the things is a joke to be prosecuted as do not want a situation crime." There is a possibility that the message is afraid of the grief of many He said, "it is and might be severe , but you? "what to do, that have been addedHuman Emerson "I am, to be with you I will climb the mountain," countered the woman and that it can speak, the message is "a metaphor for [room], I we saw each desperately was "Te can not be unhappy, I want to say.The judge said if you pass a written statement.After listening to half an hour two years, the room is lingua franca see "the same message has been accepted" They are a bad joke, in spite of Twitter users, "to cover the legal costs fund-raising concert compered Arumare Please."I plead for the rights of all the rotten joke around," he said. "It is if the end of the. Twitter pointed out that the law wrong unjustly is a way to get my life. Here, it means that we might be it, these things is very important is to say . you want "In addition, he said, be interpreted as a threat to thousands of messages that have been posted to Twitter every day Linehan done in fundraising activities.He said "the world of Twitter has been changed completely in the past few years, because it is in here to prove that these changes did not do anything" and."The problem is, this is that it is a bad joke, we are if both are present. Are having a terrible problem because there is a bad joke that we need should be condemned"

Minggu, 21 Agustus 2011

Indonesia and kidnapping of children: Dual nationality is required for mixed couples

Citizenship bill awaits consideration of the home (2005) has been strongly criticized by discriminating against mixed couples and their children, prompting activists urged the government to give mixed couples and their offspring in a double nationality or habitual residence here.
Activists say they also provide a pair of dual citizenship or permanent residence would eliminate many of the problems due to unclear regulations in a discriminatory status for their children.
The House of Representatives in June to discuss the draft of citizenship, promising to add more flexible rules for mixed couples.
The expense of statehood would watch Law No. 62/1958, which critics say, denies mixed couples and their children have the opportunity to live a healthy family. "
Law, for example, that the automatic citizenship of children of mixed couples and their father divorced woman can not watch their children because they have a different nationality.
Men and women married to Indonesian migrants must be sponsored by their husbands to live and work in it. In many cases, the Indonesian man may withdraw his sponsorship of his wife and force her back into place, leaving behind a few of the children.
But critics say that the Citizenship Act does not improve the old legislation.
Article 2 of the Act, for example, says that the Indonesian mixed marriage, a woman can claim Indonesian citizenship only to children, pre-marital agreement.
"But the kids are already born and their parents are not prenuptial agreement?" Dewi Tjakrawinata, central coalition to which some of the older mixed 4.000 Indonesia, said during a debate in the office of the National Commission to violence against women.
She pointed out that Article 8, which requires living outside Indonesia for 15 years in succession, or 20 nonconsecutive years, has a permanent job and steady paycheck to apply for Indonesian citizenship. Existing legislation, meanwhile, only need immigrants to live in the country for five years before applying for citizenship.
The second item is a bill that dual citizenship is granted only to children born in the States the principle of ius soli, which will give citizenship to people according to where they were born.
Ramli Hutabarat, expert staff in the Ministry of Justice and Human Rights, however, said that dual citizenship may create more problems, especially if the owner has committed a crime.
"True, we have the rules for release. But the fact is not so easy. We have to consider the political, economic and legal aspects of the application of dual citizenship.
"This is about someone's identity. One can have a" split personality "since dual nationality," he told the forum.
Dewi rejected these arguments. "Do not do this crime, but the human rights ... the right of families to stay together. Children born in this country are active. They can choose their own identity.
"If the government does not want to offer dual citizenship, please give us a solution so that the mixed couples and their children can live in peace."

Minggu, 14 Agustus 2011

With the efficiency of decision 'illusion' to witness this circuit

Aafia Siddiqui's lawyer, his client is mentally insane, but still byeongyiiteul jurisdiction and personnel of the United States in Afghanistan and the killing of police officers in 2008 for studies of the compound itself may not testify in defense of the two on 10 May, according to a federal appeals court.
MS Siddiqui is now an attorney Dawn Cardi soon as paranoid schizophrenic delusions, because he witnesses at the trial in 2010, not in the setting can appreciate what is happening sentenced to 86 years in prison for the Second Circuit provide EALs an application before the court argued that the United States.
Both at trial and Judge Richard M. Cardi Co-Counsel in an unusual location of the request Berman (see profile) the testimony of Ms Siddiqui, United States - Pakistan - Education Neurology, Miss Siddiqui to prevent more serious objection.
Judge Richard Wesley (see profile) and Susan Carney (see profile) by a sitting judge District Court for the Eastern District Roslynn Mauskopf (see profile), formerly the 10th February oral argument that testified on both sides in the Cardi Siddiqui denied a meaningful decision about whether he do it could not claim that can not appreciate the impact of networking, suffered a mental illness, refused lawyers, along with the show, "because some of the fantastic. "
Judge Wesley, no matter how wrong it may be decided by the defendant to testify in his defense have the authority to fundamental principles, both for the improvement of the status given Cardi asked.
"I just want to have customers, how can I say?" Judge Wesley asked. "He understood what he was going did not know is suffering from a mental illness that prevents the heart of the assessment of the differences, but the color?"
"Sure," said Cardi MS.
Control system in comparison to the United States Siddiqui, 10 to 3916-CR for more than an hour from women Cardi and secondary attorney asked Jenna and Jesse Furman Dabbs. MS Dabbs, David Rody an agency with a lawyer, Christopher Lavigne and prosecution of cases.
MS Siddiqui attempted murder and sentenced him to three days in February 2010, trying to U.S. officials, officers and employees of the United States and the number and duration of single-use and violent crime in connection with charges of weapons possession, theft, four types of murder in U.S. citizens and employees.
MS Siddiqui, now 39, says he is looking more worried about their behavior as suicide bombers in July 2008, Afghan police arrested 17 days bars. How dirty bombs and the Empire State Building and the Brooklyn Bridge, including making a list of what you look like a target, including sodium cyanide, biological warfare in the hands of two pounds of documents found in her bag.
U.S. personnel arrived in a police compound in July 2008 after 18 days questioning the amount Siddiqui, he argued, placed behind a curtain of American officers and cries arose, were several shots fired M-4 rifle and grabbed the "I want Americans and the Americans to kill the death. "quiet" MS Siddiqui were killed with a shot in the stomach.
He questioned the purpose of gathering information from FBI agents guarding her gunshot wound while being treated at a hospital and spent 16 hours.
Siddiqui MS, but without firing a question claims in a statement. After consulting with his boss, Miranda warnings for non-employees, with the statements I have heard Miss Siddiqui.
When the government refused as evidence of Bergamo judge president to allow this statement, but if they charge to witness evidence available seats, MS Siddiqui said.
In pre-trial and trial Judge Berman was forced to walk a tightrope with MS Siddiqui. He stood up and shouted in court, including cases is explosive, "You liar" Government first witness. Sometimes defense table sat slumped a few patients by the Pakistani authorities both Linda Cardi Moreno, Charles Swift and his team of defense, have not been detained, including Sharp, refused to Elaine.
The study of tight security represented, and at one point, Judge Berman was a member of the audience after they threatened by the fear of doenyi jury to award.
Judge whether the argument, Miss Siddiqui at least for two days on the 28th January 2010, before she testified to hearing it should not be allowed to testify.
His face covered with a scarf, he was shot and killed two U.S. soldiers, when he claimed that he only tried out secretly.
He claimed to have fired a gun and take the "big joke." While both the intersection of Dabbs, when asked, "Are you not?" MS Siddiqui, "I tell you what you know ... I would hang curtains and Riga in the U.S. military around the bots irresponsible not believe chongeuldugo shot," said
So, among others, statements led to admit that he shot Mrs. Siddiqui, the claim of hospital beds for Miss Dabbs could not be opened.
Ask for evidence
During the hearing, 10th February-day report both Cardi in a hospital bed with his client caught, because there was not under the influence of Percocet and other painkillers voluntarily, and 8 to 12 hours to recover from a gunshot wound, "for example, was called into question."
Judge Berman said women's Cardi the statement was a voluntary decision whether a thorough analysis of all elements failed to perform.
But still there is error, the judge innocuous assumptions that Wesley needed? Ultimately, he "identified himself as Six Shooter," he added cautiously, and presented a different scene.
Cardi both the physical evidence found in this area, not "one of the spheres" was said not to support witness statements, he said only a few cartridges.
MS Dabbs report directly to the judge in Bergamo is accused phones have. "The court correctly voluntary statements to FBI agents have found to stop because it could be used to argue in court to be made," the report "Testing the totality of the circumstances," he said to meet.
Miranda warnings given to the chorus of "conscious decision" by Judge Carney, when asked, MS Dabbs, the FBI agents, shooting, and MS Siddiqui reports for presentation to the hospital that she did not say, "around."
"They [the agent] purpose [was] intelligent interviews. Extract confessions or statements can not be condemned," MS Dabbs said.
Dabbs, Miss Siddiqui at both the trial he was arrested by Afghan police when asked about his case was found in the document in question. His case does "not affect the substance of the claims.
"I can not attest to it because you do not need everything I bag to go," he said.
"Do you have a recording of a dirty bomb?" MS Dabbs said.

"To answer your question, I do not know how to make dirty bombs," he said. "I'm not a good singer can not draw, you can say." On 10 February, MS Dabbs amount of documents in a suitcase in hand, some of Siddiqui, found written introduction, and said the documents were "very proof of motive and purpose."
Behavior 'count'?
An essential part of the Cardi Miss Siddiqui and adjust the offense level and his criminal history category, § 3A1.4 Terrorism decision rules increases, an increase of less than planned.
Improvements to any of these crimes of the first defendant to be implemented with several second act, the government crime behavior or action in retaliation for the government, the "calculation" is carried out.
Both sides argue over the meaning of the term "calculations."
Cardi said improvements or the amount of "carefully prepared before the event" is used, the "every day of the incident" between two of his clients, he acts as if all by itself, making it the "long-term efforts are things to treat "but influence or retaliation from desire.
But Mr. Furman aspects of the plan, "the core of its attractive long-term need for" a panel discussion, but to strengthen the "third reading requirements," the court would be a mistake.
"The court suggested that it was necessary," says Mr. Furman.