“World’s Worst Mom”

Lenore Skenazy of Free-Range Kids fame, often linked on this site, has a new TV series Thursday evenings on the Discovery Life channel.

Tags: nanny state, safety

“World’s Worst Mom” is a post from Overlawyered – Chronicling the high cost of our legal system

Read more here: http://overlawyered.com/2015/01/worlds-worst-mom/


End tenure as of age 70…

… or go on watching the Age Discrimination in Employment Act (ADEA) weaken law faculties [Dan Subotnik] I wrote on this problem in my 1997 book The Excuse Factory, and more recently here, here, and here.

Tags: age discrimination, law schools

End tenure as of age 70… is a post from Overlawyered – Chronicling the high cost of our legal system

Read more here: http://overlawyered.com/2015/01/end-tenure-age-70/


You’ve Heard Of “Helicopter Moms”?


Yes, of course you’ve heard of helicopter moms. But what about helicopter dads? They don’t get a lot of ink. This gent is the exception! As reported by The Guardian

An Italian father who forced his teenage daughters to ski competitively and eat a macrobiotic diet because he was concerned they were too fat has been found guilty of abuse and sentenced to nine months in prison.

The unusual case in Turin may set a precedent in how Italian courts define psychological abuse of children. There are no similar cases of abuse on record.

The case started in 2011 when the two teenage girls – one is now an adult – complained to their mother that “Daddy treats us badly” and said they no longer wanted to visit their father. The parents are separated.

The 53-year-old father, who has not been named in press reports but has been described as a wealthy individual, has said he became worried about his daughters’ health when he saw pictures of them on Facebook. He said he encouraged them to ski and to eat a macrobiotic diet, avoiding processed and otherwise refined foods, out of a normal level of parental concern.

But the mother of the teenagers and the prosecutor in the case painted a different picture, of constant pressure and taunting by the father of his daughters.

You’ll find the source here.

Read more here: http://rss.justia.com/~r/LegalJuiceCom/~3/LOABv2hdFDw/afds-8.html


How Republicans win in the Northeast


I wrote the cover story in this weekend’s Washington Examiner magazine, about why the Northeast continues to elect Republicans as governor (and not to many posts other than that). The cast of characters includes newly elected governors Larry Hogan of Maryland and Charlie Baker of Massachusetts, Thomas Dewey, Chris Christie, Rudy Giuliani, William Weld, George Pataki, Mitt Romney, and Christine Todd Whitman.

It’s a particular honor that political analyst Michael Barone wrote a piece riffing on my article and going into more detail about the reformist origins of the GOP tradition in states like New York, and its continued importance as a brake on both self-dealing and fiscal profusion:

Why have Northeastern electorates, so heavily Democratic in presidential and congressional elections, been willing to elect Republican governors so often? Because that’s the only way to prevent their heavily Democratic legislatures from taxing and spending their states onto the road to bankruptcy for the benefit of the public employee unions. That’s something that Thomas Dewey, a light spender unlike Rockefeller, would approve and understand.

Most of my essay is about politics and policy, but here’s a bit related to law:

Northwestern law professor and Federalist Society member John McGinnis says [New York Gov. George] Pataki’s “most impressive act” was one that was hardly noticed at the time and yielded no electoral benefits, namely his appointment to the state’s highest court of Robert Smith, who “became one of the great state court jurists of his time.”

More on that: Ira Stoll. I blogged a bit more about Gov. Larry Hogan’s victory in my election night post, and much more at my Maryland blog Free State Notes.

Tags: governors, Mitt Romney, Rudolph Giuliani, WO writings

How Republicans win in the Northeast is a post from Overlawyered – Chronicling the high cost of our legal system

Read more here: http://overlawyered.com/2015/01/republicans-win-northeast/


BigBlizzard Of 2015 – State Courts Closed Tuesday In New York City

Those lawyers who were in total angst about how to conduct client business on Tuesday, January 27, 2015 in state courts can relax.

Those courts will be closed. Here is the coverage of that and more in the New York Post.

Read more here: http://lawandmore.typepad.com/law_and_more/2015/01/bigblizzard-of-2015-state-courts-closed-tuesday-in-new-york-city.html


Jeffrey Sterling Convicted Of Leaking To James Risen – Lawyer Barry Pollack Will Appeal

“The trial [of former CIA officer Jeffrey Sterling] itself was something of a spectacle, with CIA officers testifying behind a retractable gray screen as they described suitcases full of cash, clandestine meetings and fictitious back stories.” - Matt Zapotosky, in “Former CIA officer Jeffrey Sterling convicted in leak case,” The Washington Post, January 26, 2015. Here is that coverage.

Trials usually provide great moments of theatre but the jury one of Jeffrey Sterling almost descended into farce. It might have if journalist at The New York Times James Risen had been called to the stand. But he wasn’t. The jurors didn’t need his forced testimony to convict Sterling on 9 criminal counts. The leak concerned fake nuclear plans to pass to Iran.

The prosecution fingered the motivation as retaliation for having been fired. Getting even is always an interesting bit of drama in itself. Sterling had sued the CIA, alleging that he had been discriminated against.

His lawyer Barry Pollack told WaPo that the defense team plan to push back. That includes whatever can be done at the level of the trial court and taking the case to a higher court.

The theatrical aspects of trials create such powerful field forces that it is easy to lose sight of the human beings involved.

Read more here: http://lawandmore.typepad.com/law_and_more/2015/01/jeffrey-sterling-convicted-of-leaking-to-james-risen-lawyer-barry-pollack-will-appeal.html


Uber In Snow Emergency – Here’s Its Agreement With AG Eric Schneiderman

As expected as soon as some of the white stuff began coming down, Governor Andrew Cuomo declared that New York City was in a State of Emergency. But during this crisis, Uber is limited in how much it can boost the normal rate to the surge rate. The mobile-app company is also going to donate some of the surge revenue to a good cause.

Around the world, Uber is learning the art and business of compromise. Carting plenty of bad publicity about what its surge prices had been in other emergencies, Uber made an agreement with New York Attorney General Eric Schneiderman.

The terms are that Uber will keep the surge price at 2.8Xs the normal one. In addition, during all emergencies when surge pricing is in effect, it will donate 20% to the Red Cross. Here is the coverage by Sasha Goldstein in the New York Daily News.

Read more here: http://lawandmore.typepad.com/law_and_more/2015/01/uber-in-snow-emergency-heres-its-agreement-with-ag-eric-schneiderman.html


Can a Winter Storm Travel Ban Get You Arrested?

The Northeast is preparing for a snowstorm that could bring what The New York Times calls “near hurricane-force winds.” the governors of Connecticut, New York, and New Jersey have declared states of emergency, with New York Gov. Andrew Cuomo ordering a shutdown of the New York City subway and bus systems starting at 11 o’clock tonight.

New York City Mayor Bill de Blasio took the additional step of declaring a travel ban, also starting at 11 p.m. this evening. What does such a ban mean, and what happens if you disobey the order?

A State of Emergency

New York state law empowers the chief executive of any county or city — like a mayor — to declare a local state of emergency and issue orders establishing curfews, preventing people from being on the road, and close “places of amusement and assembly.”

Knowingly violating an emergency order is a Class B misdemeanor, which carries a maximum fine of $500 and/or a sentence of no more than three months in a county or regional correctional facility. Officers have the discretion to do everything from citing an offender to arresting him.

Walk, Don’t Drive (On 2nd Thought, Don’t Even Walk)

De Blasio’s order requires non-emergency vehicles to be off the streets by 11 p.m. He was quick to point out that the ban applies to any vehicle that’s not an emergency one, even food delivery bicycles. First responders and “essential” public servants, however, will be permitted to use the roads.

The order doesn’t apply to foot traffic on a sidewalk, so residents who absolutely have to get somewhere in a non-emergency can still walk there — though given the extreme measures the city and state are imposing, it’s probably not a good idea. However, if de Blasio did want people to remain inside, period, he could have issued a curfew requiring everyone to remain indoors after 11 p.m. (As of this posting, there is no curfew in place.)

Connecticut Gov. Dannel P. Malloy issued a similar order that applies to the entire state of Connecticut and will take effect at 9 p.m. The penalty for violating that state’s driving restrictions could be a $92 fine, according to the Hartford Courant.

Malloy said, however, that police and state troopers wouldn’t be towing cars that violated the ban, as they would probably have more important things to worry about.

Related Resources:

Read more here: http://feeds.findlaw.com/~r/Blotter/~3/yTmTcRfVZUU/can-a-winter-storm-travel-ban-get-you-arrested.html


Should You Change Your Registered Agent?

As a business owner, should you change your registered agent?

As you probably know, every corporation is required to have a registered agent. This person (or entity, in some cases) is the one who accepts important legal documents (such as lawsuits) on the business’ behalf. But after designating a particular person, company, or even yourself as your business’ registered agent, you may face a need to change that designation.

Here are a few common scenarios when that might be necessary:

  • You don’t want to do it yourself anymore. With limited resources, some small business owners name themselves as their company’s registered agent. But because a registered agent must be available during business hours (when you’re probably hard at work), and because a registered agent’s name and address become part of the public record (P.O. boxes are not allowed), many business owners opt to designate a third party as their registered agent instead.
  • Your registered agent resigns. Registered agents have to deal with lawsuits, notices from the state, and even junk mail (since their addresses become public). If your agent doesn’t want to deal with this anymore and resigns, you’ll need to take action; in Delaware, for example, a new registered agent must be named within 30 days after the prior agent files a Certificate of Resignation with Delaware’s Secretary of State.
  • Your former registered agent is unresponsive, unreliable, or not available during business hours. If you can never get a hold of your agent during the day, or if your agent turns out to be untrustworthy, it may be time to find someone else who can fulfill the duties of the job. You don’t want to be punished for an irresponsible agent’s lack of action or urgency, especially if your business is being sued.
  • You’re changing lawyers or accountants, and that person was your agent. There are many advantages to having an experienced business lawyer or accountant serve as your registered agent: For example, it’s probably better for your employees’ morale if lawsuits are sent to another office instead of your place of business. But if you’re switching lawyers or accountants, remember to change your registered agent designation too.

Changing your business’ registered agent may seem like a tedious chore, but you may need to do it in some circumstances. To learn more about the legal ins and outs of setting up a small business, head over to FindLaw’s section on Incorporation and Legal Structures.

Follow FindLaw for Consumers on Google+.

Related Resources:

Read more here: http://feeds.findlaw.com/~r/FreeEnterprise/~3/C7swdwG11ys/should-you-change-your-registered-agent.html


Non-Sequiturs: 01.26.15

* Another benchmark in the Ninth Circuit’s ongoing war against prosecutorial misconduct: a panel of judges — Kozinski, Wardlaw, and Fletcher — suggest trying prosecutors for perjury. [New York Observer] * Lawyer and blogger Eric Turkewitz finds himself in the New York Post’s Page Six gossip column. Just what was he doing with Selena Gomez while Justin Bieber wasn’t looking? [New York Personal Injury Attorney Blog] * Kristine Sperling left her position as a senior associate at Latham to start her own organic soap company. And, I’m assuming, an underground fight club. [Good Day Sacramento] * Saks has finally figured out that its stance on transgendered people wasn’t winning it any friends and withdrew its filing. [Jezebel] * The 2015 Social Media Subpoena Guide. Everything you need to know about getting all their best cookie recipes off Pinterest. [Associate’s Mind] * Tom Petty’s lawyers “Won’t Back Down” and now he’s getting royalties for that Sam Smith song. [Consequence of Sound] * Which law professor rules the Twitterverse? A comprehensive numerical analysis provides the answer. [Ryan Whalen] * A new, easy to use online version of the Federal Rules of Civil Procedure. If you’re into that kind of thing. [Federal Rules of Civil Procedure] * More accolades for Supreme Ambitions (affiliate link). But you already know how good it is because you already have your copy, right? [The Florida Bar Journal]

Read more here: http://feedproxy.google.com/~r/abovethelaw/~3/tFN2AJaNn_Q/story01.htm


President Obama’s Four Big Cyber Security Priorities – and What He Plans to Do About Them

Though he didn’t speak on it for very long, President Obama made sure his State of the Union address Tuesday underscored the importance of increased cyber security in the future.

Read more here: http://feedproxy.google.com/~r/abovethelaw/~3/Y2K2ZN1RUL4/story01.htm