March 30, 2009
- India Requires Proof of Innocence for Cyber Crimes
David Seltzer highlights a disturbing development in international computer crime law and is concerned that the United States may be going that way, too. In India an individual charged with a cyber crime now has to prove their innocence. Read more . . .
I think there is some concern over the way ISP's and [...]
March 29, 2009
- But My Work Product is REALLY Valuable . . . Not!
It seems one attorney thinks his work product (his papers, research, notes, etc.) is so valuable that he should get a charitable donation for donating them to a library. This seems to me to be the height of hubris.
Tax Court's denial of a $300,000 charitable deduction claimed by Leslie Stephen Jones, lead counsel for the [...]
March 2, 2009
- Stupid Lawsuits: The Fundamental Right to Ride a Roller Coaster
A Florida woman is suing Walt Disney World for banning her from its Tower of Terror ride, saying riding it is a medical necesity. Denise Mooty says the "G-forces of going up and down" the 199-foot thrill ride help break up fibrous adhesions in her abdomen. Disney, she says, had decided to limit her to [...]
November 17, 2008
- Words of Wisdom from Austin DWI Lawyer
Jamie Spencer, and Austin DWI attorney. offers these words of wisdom to anyone thinking about driving while in intoxicated in Travis County, Texas:
In Austin, a traffic violation and the odor of an alcoholic beverage on your breath earns you a trip to Travis County Jail. It’s an arrest everybody and charge them with DWI [...]
November 14, 2008
- CEO Busted in Illegal Immigration Raid
John Phillips has an update on the widely reported raid on a meatpacking company in Iowa in May of this year. Not only was the CEO forced to resign, he now faces charges of harboring illegal immigrants, abetting identity theft and bank fraud. The company involved has filed for bankruptcy.
This is a cautionary tale for [...] - Top Secret Field Sobriety Test Database
Robert Guest has uncovered a "top secret" database of field sobriety tests. The National Sobriety Testing Resource Center states that their purpose it "to provide a comprehensive source of information regarding standardized field sobriety testing, training and certification for authorized and active law enforcement practitioners and instructors." But it turns out this data is only [...]
October 3, 2008
- Stupid Laws: Australia Wants to Equate Living Together with Marriage
Patrick Parkinson, a professor of law at the University of Sydney highlighted the absurdity of a proposed bill in the Australian legislature that would equate "living together" with marriage in the eyes of the law. In the Sydney Morning Herald, Mr. Parkinson pointed out that the proposed bill would "impose on people all the financial [...]
September 18, 2008
- Intoxication Assault and Intoxication Manslaughter Don't Apply to Unborn Child if Committed by Mother
Sec. 49.12. APPLICABILITY TO CERTAIN CONDUCT. Sections 49.07 and 49.08 do not apply to injury to or the death of an unborn child if the conduct charged is conduct committed by the mother of the unborn child.
Added by Acts 2003, 78th Leg., ch. 822, Sec. 2.05, eff. Sept. 1, 2003.
September 17, 2008
- Court Overturns Conviction of Spammer
The Virginia Supreme Court has overturned a state antispam law and the 2004 conviction of long-time spammer Jeremy Jaynes, saying the law is an overly broad prohibition on anonymous free speech.
The Supreme Court, in a decision released Friday, said the 2003 Virginia spam law didn't distinguish between commercial e-mails and those with political messages, and [...]
September 16, 2008
- Proof of Mental State (Intent) Not Necessary for DWI Conviction in Texas
Sec. 49.11. PROOF OF MENTAL STATE UNNECESSARY.
(a) Notwithstanding Section 6.02(b), proof of a culpable mental state is not required for conviction of an offense under this chapter.
(b) Subsection (a) does not apply to an offense under Section 49.031.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 22, eff. Sept. 1, 1995. Amended by Acts [...] - Google Ahoy! Takes Over the High Seas for Data Havens
Not quite yet- but Google just filed a patent to create data centers on barges located in the middle of the ocean. These barges would be powered by the movement of the seas. Although Google cites a practical justification for these floating data centers:
"For example, a military presence may be needed in an area, a [...]
September 15, 2008
- Legal Use of Drug or Alcohol No Defense to DWI in Texas
Sec. 49.10. NO DEFENSE.
In a prosecution under Section 49.03, 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, the fact that the defendant is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. [...] - Calif. Appeals Court Tosses Medical Marijuana Caps
A California appellate court ruled that state legislators overstepped their bounds in 2003 by limiting the amount of marijuana that patients could possess for medical purposes. The opinion said legislators acted unconstitutionally when they passed a statute that effectively amended Proposition 215 — also known as the Compassionate Use Act of 1996 — to allow [...]
September 14, 2008
- Travis County Judge Tells Woman to Stop Having Kids
For me, this is life imitating law school. I was on the Moot Court Board in law school and I was on the team that created the hypothetical case for the final competition. We crafted a case where an alcoholic mother who had given birth to 2 children with fetal alcohol syndrome was given the [...]
September 13, 2008
- U.K. Jury Decides That Threat of Global Warming Justifies Breaking the Law
Jury nullification is alive and well in the U.K.:
The threat of global warming is so great that campaigners were justified in causing more than £35,000 worth of damage to a coal-fired power station, a jury decided yesterday. In a verdict that will have shocked ministers and energy companies the jury at Maidstone Crown Court cleared [...]
September 12, 2008
- Enhanced Offenses and Penalties for a Texas DWI
Sec. 49.09. ENHANCED OFFENSES AND PENALTIES.
(a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time [...]
September 10, 2008
- Intoxication Manslaughter in Texas
Sec. 49.08. INTOXICATION MANSLAUGHTER.
(a) A person commits an offense if the person:
(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
(b) Except [...]
September 9, 2008
- In responding to harassment complaint, prompt means prompt
Jon Hyman at Kohrman Jackson & Krantz has put out some good information about how to respond (and not to respond) to an employee's claim of racial harassment:
In Bailey v. USF Holland, the 6th Circuit affirmed the lower court's award of $350,000 in compensatory damages to each of the two defendants, finding:
Defendant cites examples of [...]
September 8, 2008
- Senator Vitter wants states to collect DNA from felons
"DNA is a powerful and effective resource for law enforcement agencies," Vitter said. "Given the likelihood that a convicted felon will continue to offend, collecting more DNA samples will assist law enforcement agencies in prosecuting repeat offenders and securing justice for crime victims." Continue . . .
September 7, 2008
- Office of Special Counse Not Above Reproach
The Word on Employment Law has post about the questionable practices of the Office of Special Counsel is a federal agency that is supposed to handle whistleblowing complaints of federal employees:
"It’s supposed to be the investigator for and of the federal government. Instead, the head of the Office has been under investigation for about two [...]
