Tuesday, March 13, 2012

Spend Money on Schools Instead of the War on Drugs - Room for Debate - NYTimes.com

Spend Money on Schools Instead of the War on Drugs - Room for Debate - NYTimes.com:
Neill Franklinby Neill Franklin - Exec. Director - Law Enforcement Against Prohibition "Thanks to our ramped up "war on drugs," when I walk down the street in my old neighborhood I see houses where one or both parents are behind bars or on probation or parole.
Fifty-three percent of black boys never finish high school. Among those who drop out, 60 percent end up spending time behind bars. Even those who stay in school are seemingly being prepared for prison. Many schools treat kids as suspect from the moment they walk in the door, making them pass through metal detectors or administering urine tests as a condition of joining after-school clubs. Cops move about the schools like prison guards. It's like we're conditioning them for a life of incarceration.
Perhaps if we spent less money in a futile attempt to eliminate drug use through suspicion, arrests, prosecution and punishment, we could invest resources in improving our schools to ensure that more of our young people get the preparation they need to succeed.
Ending the drug war won't be a cure-all for racial disparities in our society, but it is a necessary first step."

'via Blog this'

Monday, March 12, 2012

Eleventh Circuit Blocks More Alabama Immigration Law Provisions - Immigration Law - U.S. Eleventh Circuit

Eleventh Circuit Blocks More Alabama Immigration Law Provisions - Immigration Law - U.S. Eleventh Circuit: "The Alabama immigration law, once regarded as the toughest state immigration law in America, is quickly becoming unenforceable.

After hearing oral arguments on both the Alabama and Georgia laws last week, the Eleventh Circuit Court of Appeals enjoined two more sections of the Alabama law on Thursday, reports The Huntsville Times.

The latest appellate action on the Alabama immigration law places contract provisions banning residents and state and local governments from entering into contracts with illegal immigrants on hold while the Supreme Court and the Eleventh Circuit consider whether state and federal immigration laws can co-exist."
ORDER of March 8, 2012

'via Blog this'

How accidents happen

Copyright, New York Times

Sunday, March 11, 2012

11th Circuit Court of Appeals blocks two more sections of Alabama immigration law | al.com

11th Circuit Court of Appeals blocks two more sections of Alabama immigration law | al.com: by Brian Lawson
"The 11th Circuit Court of Appeals has issued an order today blocking two more sections of Alabama's immigration law pending the court's final ruling, which is expected this summer.
In a short order, the Atlanta-based court blocked provisions that bar residents from knowingly entering into contracts with illegal immigrants and ban illegal immigrants from entering business transactions with state and local governments.
The ruling came after a hearing last week when the U.S. Department of Justice and a group of plaintiffs argued that the two sections make it all but impossible for immigrants whose status is still in limbo and those here illegally to live in Alabama.
The court did not block sections 12 and 18 that deal with seeking immigration status information for people during a traffic stop, those arrested or found driving without a license."

'via Blog this'

Saturday, March 10, 2012

Death Taken on Faith: U.S. should explain its basis for killing al-Awlaki

The New Jersey Law Journal Editorial Board says The U.S. government should make known what it thinks is the legal basis of its right to kill American citizen Anwar al-Awlaki and others like him by command of the executive.
Death Taken on Faith:

'via Blog this'

The Phony Settlement - Joe Nocera - NYTimes.com

New York Times columnist Joe Nocera engages in the popular sport of lawyer bashing. His target is the BP oil spill settlement process. He thinks...oh, never mind, read it and think.  BTW you might take a look at my article Diving Into the Wreck  - GWC
The Phony Settlement - NYTimes.com: 
by Joe Nocera
"Forgive me for repeating myself, but I’m going to start this column with an anecdote about Ken Feinberg that I’ve told before..."

'via Blog this'

Thursday, March 8, 2012

No deal: BP refuses to pay drilling moratorium loss claims


rd-oil-spill.jpg
R&D - leases containers to drilling rigs
business faltered during the drilling moratorium

When BP's Macondo well blew out, spilling millions of gallons into the Gulf of Mexico the federal government imposed a moratorium on deepwater drilling.  Those who suffered losses due to the regulatory moratorium - not the spill itself - made claims.  But BP ordered its claims administrator Kenneth Feinberg not to pay those claims.  As details of the settlement in principle leak out, we learn the BP still has not budged.  
It is a classic proximate cause question.  But for the spill the moratorium would not have occurred.   But was the government action so independent of BP's conduct that the company should bear no responsibility for the moratorium claimants losses?  Someday Judge Carl Barbier who is managing the litigation will have to decide. - GWC
Gulf oil spill moratorium claims have no place in BP settlement | NOLA.com: by David Hammer, The Times Picayune
"We fought to have moratorium claims included, but BP wouldn't budge," said Stephen Herman, co-lead counsel for the plaintiffs' committee that negotiated the settlement. "We're fully prepared -- and intending to -- litigate them."
Bertucci's lawyer, Joe Bruno, called BP's recalcitrance on the moratorium issue "a crying shame."
BP declined to comment Tuesday, but last November, when Feinberg urged BP to pay 6,000 moratorium claims that the company had expressly prohibited him from paying, the company was unequivocal in its refusal.
The federal oil spill law "was not designed to remedy claims arising from the government's decision to impose a temporary moratorium," BP spokesman Curtis Thomas said at the time."

Wednesday, March 7, 2012

Saintgate: Coach and G.M. Acknowledge Bounty Inquiry - NYTimes.com

Saints’ Coach and G.M. Acknowledge Bounty Inquiry - NYTimes.com: "“We acknowledge that the violations disclosed by the N.F.L. during their investigation of our club happened under our watch,” the statement said.

It continued: “These are serious violations, and we understand the negative impact it has had on our game. Both of us have made it clear within our organization that this will never happen again, and make that same promise to the N.F.L. and most importantly to all of our fans.”

Williams apologized for his role in the bounties on Friday. Williams, Loomis, Payton and perhaps some Saints players who were involved are expected to face severe penalties in the form of suspensions and fines. The team could also lose draft picks."

'via Blog this'

BP Settlement Architects Hope To Win Over Skeptics | Fox News

BP Settlement Architects Hope To Win Over Skeptics | Fox News:
"I would say Mr. Feinberg did the best he could under very challenging circumstances, and he played the cards he was dealt to the best of his ability. But now we're starting with a new deck," said Steve Herman, one of the lead plaintiffs' attorneys in the litigation.
Herman expressed confidence that the settlement's architects can convince skeptics that a court-supervised claims process is a better vehicle for resolving claims than the GCCF has been.
"It recognizes more claims than were recognized under the GCCF," he said. "It gives the claimants more flexibility in establishing their losses and offers more security as to future risks."
Herman said the GCCF formula for calculating a claimant's economic losses compared 2009 revenues with post-spill 2010 revenues. The settlement program would allow a claimant to compare 2010 revenues against a broader time period, looking at revenues between 2007 and 2009, according to Herman.
Claimants will have a right to appeal any settlement offered though the court-supervised process to a neutral party or panel of up to three people. BP also can appeal any award over $25,000, but the company would have to pay a 5 percent penalty to the claimant if it loses, according to Herman.


Read more: http://www.foxnews.com/us/2012/03/06/bp-settlement-architects-hope-to-win-over-skeptics/#ixzz1oSaCm0W9

'via Blog this'