Posts tagged with: "general"
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22 May 2013, 7:51 pm
Every once in a while, I receive an email that threatens to expand the level of parody and sarcasm beyond the ability of the human mind to contain it without erupting in cornucopia of burst cranial blood vessels like a bag of Orville Redenbacher Kettle Korn in the microwave after 45 seconds on "high." A recent post in which I envisioned the CFPB "telling an auto loan lender that if a dealer from which it buys paper ever causes emotional pain to a buyer's pet parakeet, the lender is on the hook for… [read post]
22 May 2013, 3:07 pm
U.S. Attorney General Eric Holder met today with Minister of Interior (MVD) of the Russian Federation Vladimir Alexandrovich Kolokoltsev. During the meeting, Attorney General Holder thanked Minister Kolokoltsev for the assistance by the Russian government relating to the investigation into the terror attack in Boston. They also discussed law enforcement cooperation between the two countries [...] [read post]
22 May 2013, 1:56 pm
Remember the ILB entries about state rules incorporating things like the building code by reference, such as this one from... [read post]
22 May 2013, 1:32 pm
Earlier this month Monsanto won its battle against an Indiana farmer when the SCOTUS ruled that the farmer was not... [read post]
22 May 2013, 12:31 pm
by Kenneth Anderson
Noticing President Obama’s big speech tomorrow at the National Defense University on US counterterrorism policy, Commentary Magazine has decided to release today my new essay, “The Case for Drones.” It will appear in the print journal in June, but has been posted with a free, open link on the website now.
A couple of caveats for OJ readers, if you’re inclined to read it (close relatives of mine have declined on grounds they’ve heard me on this… [read post]
22 May 2013, 12:24 pm
South Carolina is one of the few states with an explicit right to privacy within the state constitution. S.C. Const. art. I, §10. One of my early legal interests and my first published piece on the law regarded our state’s constitutional protection of the right to privacy. When“Privacy Rights in South Carolina After Singleton v. State” was published in South Carolina Lawyer in March 1994, I anticipate numerous appellate decisions relying upon this right.
It… [read post]
22 May 2013, 9:11 am
In Brianne Gwartz v. The Queen, 2013 TCC 86, the Crown attempted to utilize the GAAR to recharacterize as dividends certain capital gains which had been realized by a family trust and allocated to the minor-aged taxpayers in 2003, 2004 and 2005. The Crown argued that the transactions giving rise to the GAAR circumvented section 120.4 (the “kiddie tax”) which was amended in 2011 to apply to certain capital gains paid to minors.
The taxpayers conceded the existence of a… [read post]
22 May 2013, 9:07 am
by Julian Ku
Last December, the U.S. Senate failed to give consent to U.S. ratification of the Convention on the Rights of Persons with Disabilities (CRPD). Since the election hasn’t really changed the composition of the Senate all that much, I kind of thought this treaty was dead, or at least dormant, for a while here in the U.S. Maybe not!
Groups opposed to US ratification of the CRPD are saying that the Senate Foreign Relations Committee will hold hearings on June 4 to discuss… [read post]
22 May 2013, 9:05 am
Barbara S. MishkinDespite expectations fueled by statements from Senate Majority Leader Harry Reid’s office that he planned to hold a procedural vote on Richard Cordray’s nomination this week, it now appears the Senate will not vote on the nomination before the Memorial Day recess. According to a report in Politico, Senator Reid would not specify when the vote would occur when he spoke to a group of reporters yesterday. Senator Reid is reported to have said only… [read post]
22 May 2013, 8:55 am
According to news reports coming from literally hundreds of outlets, comedian Sinbad has filed a Chapter 13 bankruptcy. The source of this report is the web site TMZ.com – and news outlets from major news networks to gossip web sites are re-writing and re-reporting the TMZ story.There’s only one problem with the TMZ story – it is not factually correct. There is no way that Sinbad could qualify for Chapter 13 given the type of debts he owes.If, as has been reported,… [read post]
22 May 2013, 8:22 am
From The Christian Post, Erik Stanley: For some time now, the IRS has not been auditing churches. As I explained in more detail in this post, the IRS’ decision to “suspend” church audits stems from a 2009 federal court decision finding the IRS’ regulations on church audits to be unlawful. Since that decision, the IRS, to the best of anyone’s knowledge, has not been auditing any churches. It has said since 2009 that it is preparing new regulations that will enable… [read post]
22 May 2013, 8:22 am
From The Christian Post, Erik Stanley: For some time now, the IRS has not been auditing churches. As I explained in more detail in this post, the IRS’ decision to “suspend” church audits stems from a 2009 federal court decision finding the IRS’ regulations on church audits to be unlawful. Since that decision, the IRS, to the best of anyone’s knowledge, has not been auditing any churches. It has said since 2009 that it is preparing new regulations that will enable… [read post]
22 May 2013, 6:38 am
I’ve written here several times about tax evasion and tax crimes, particularly in the context of the IRS investigation of UBG customers’ overseas holdings. A case out of the Eleventh U.S. Circuit Court of Appeals, which is the federal appeals court that serves Florida, reinforces my previous warnings that there are serious consequences for tax crimes. In U.S. v. Paul, the Eleventh Circuit affirmed the conviction and sentence of William Paul for tax evasion and failure to file a tax… [read post]
22 May 2013, 6:15 am
With Google Reader set to shut down on July 1, many of us have been scrambling to find a substitute way to keep up with news and blogs. Yesterday, a new aggregation tool was launched, Law Ratchet, designed to enable legal professionals to keep up with the top legal and business news, analysis and commentary. [...] [read post]
22 May 2013, 6:15 am
With Google Reader set to shut down on July 1, many of us have been scrambling to find a substitute way to keep up with news and blogs. Yesterday, a new aggregation tool was launched, Law Ratchet, designed to enable legal professionals to keep up with the top legal and business news, analysis and commentary. [...] [read post]
22 May 2013, 5:50 am
The Supreme Court granted cert Monday in Fernandez v. California. Issue:
Whether, under Georgia v. Randolph, a defendant must be personally present and objecting when police officers ask a co-tenant for consent to conduct a warrantless search or whether a defendant’s previously stated objection, while physically present, to a warrantless search is a continuing assertion of 4th Amendment rights which cannot be overridden by a co-tenant.
Opinion below: People v. Fernandez, 208 Cal.App.4th… [read post]
22 May 2013, 5:30 am
Forbes: Once Reserved For Drug Crimes, Wiretapping Takes Center Stage in White Collar Prosecutions:
“Today, tomorrow, next week, the week after, privileged Wall Street insiders who are considering breaking the law will have to ask themselves one important question: Is law enforcement listening?”
- Preet Bharara, U.S. Attorney for Southern District of New York
=> Read more! [read post]
22 May 2013, 5:09 am
Police saw defendant on a bicycle talking to somebody in a dark SUV. When they stopped, the SUV left, other people scattered, and defendant pedaled away. He was stopped because riding his bicycle on the sidewalk violated city code. His sagging pants were pulled up for a search incident, and a baggie of marijuana was revealed stuck in his sock. Pulling up his pants was legal. State v. Butler, 2013 La. LEXIS 1147 (May 17, 2013).*
The search warrant affidavit here did in fact show a sufficient… [read post]
22 May 2013, 4:53 am
“Respondent Kim Maurice Fuerst’s decision to silently remain behind a locked door inside his home did not constitute an express refusal of consent to a police search. Therefore, Fuerst’s wife’s free and voluntary consent to the search of the couple's home was valid as to Fuerst.” People v. Fuerst, 2013 CO 28, 2013 Colo. LEXIS 331 (May 20, 2013).
Defendant’s girlfriend was a cousin of a police officer investigating defendant, and she freely and voluntarily… [read post]
22 May 2013, 3:57 am
Defendant was reported to the police as “suspicious and disoriented.” When they found him, he was intoxicated. There was nothing to suggest he was dangerous. “[T]he information the Officers possessed about Defendant did not indicate that he was armed and dangerous.” The frisk could not be justified by that. The officers felt, however, that defendant was a danger to himself or others, and the court finds probable cause for a frisk before taking him“into protective… [read post]