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February 24, 2013 in
According to Law Enforcement Targets' flacks, I found while speaking with officers and trainers in the law enforcement community that there is a hesitation on the part of cops when deadly force is required on subjects with atypical age, frailty or condition (one officer explaining that he enlarged photos of his own kids to use as targets so that he would not be caught off guard with
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February 12, 2013 in
Scott Greenfield writes: [Y]ou have no idea how often someone threatens a lawsuit. As a lawyer, I'm in a better situation both to assess the merit of a claim, and if needed, to deal with it, than many other bloggers. Others are not so fortunate, leading to the misguided sense that it's the fault of lawyers that non-lawyers are constantly threatening to sue.Adding to the problem is
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February 11, 2013 in
Andrew Sanchez III, 60, is set to be booked in Bexar County Jail on one count of improper photography. A judge set bail at $7,500. Police said the officer assigned to the American Cheer Power Southern National Championship at the Alamodome saw Sanchez videotaping the performers around 11:30 a.m. Sunday. The officer questioned Sanchez and determined he had no children in the contest. (Chron.com.) Improper photography is
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February 10, 2013 in
It is almost unfathomable to me that a lawyer would give up confidential client information without a fight. Yet Sam Glover at The Lawyerist suggests that this might be an option: "If you are the sort of person who would fight such a subpoena, this would give you the option to do so." The context: Glover is talking about using SpiderOak for file sync instead of Dropbox.
Posted on
February 10, 2013 in
Business Insider found some folks who see revenge porn not as a free-speech issue but as "a kind of high tech rape": When we teach women not to walk alone in public after dark, not to wear particular kinds of clothing, not to engage in consensual acts like taking nude photos or making sex tapes, we're saying that women can expect to be victims because they are
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February 9, 2013 in
Dylan Love at Business Insider (the article contains lots of bad legal advice) writes: There is a seedy underbelly of the internet where people post nude or otherwise compromising photos of their ex-girlfriends or boyfriends for anyone to see, sometimes to get back at a lover who jilted them. These so-called "revenge porn" sites bring up a number of questions. Why aren't they illegal? Why would they be? In
Posted on
February 9, 2013 in
A commenter on this post asks: I do have a few questions on challenges for cause. Mostly, how are they resolved? Is it entirely about negotiation to consensus and good faith, or does the judge have complete discretion? Also, what happens if you don't have a large enough panel remaining for a strike zone of 32 (e.g. thirty nullificationists show up that day)? Do you just have
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February 8, 2013 in
Experienced trial lawyers will often tell you that "jury selection" is misnamed—it's actually jury deselection. Different jurisdictions use different methods. In a Texas non-capital felony trial, the jury panel is ordinarily sixty people. Each juror is assigned a number. The court brings the panel in to the courtroom and lines them up on the benches in numerical order—one through twelve on the first row, for example, thirteen through
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February 8, 2013 in
Chris Daniel has a great idea (Chron.com) for broadening the jury pool: [T]here are ways for government, without being intrusive, to provide businesses with incentives to pay workers absent because of jury service. Lawmakers will consider passing House Bill 433, which would allow employers to claim a 15 percent discount when calculating their state margins taxes if they pay workers who are out for jury service. Employers don't
Posted on
February 7, 2013 in
Ring. "This is Mark Bennett." "Hello, Mark, how are you doing today?" "I'm w—" "This is Glenn, with Xerox. I was just calling today because I thought you might be interested…" Glenn, you numbskull. The object of "how are you doing today" is to get me in "yes mode," responding to you positively in accordance with established social conventions, before you reveal that you're calling to try to