Legal process – Loro Dinapoli http://lorodinapoli.org/ Mon, 26 Sep 2022 20:50:54 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 http://lorodinapoli.org/wp-content/uploads/2021/07/icon-2021-07-06T154208.998-150x150.png Legal process – Loro Dinapoli http://lorodinapoli.org/ 32 32 Deloitte-Sagitec Trade Secret case delays unemployment aid fixes (1) http://lorodinapoli.org/deloitte-sagitec-trade-secret-case-delays-unemployment-aid-fixes-1/ Mon, 26 Sep 2022 20:03:45 +0000 http://lorodinapoli.org/deloitte-sagitec-trade-secret-case-delays-unemployment-aid-fixes-1/ Federal indictments of key executives at technology company Sagitec Solutions could delay or derail state efforts to modernize unemployment insurance systems, including in Kentucky, Ohio and Texas. Two Sagitec executives, David Gerald Minkkinen and Sivaraman Sambasivam-Face federal royalties alleging to have taken trade secrets from the User Interface Processing System at Deloitte LLP, where they […]]]>

Federal indictments of key executives at technology company Sagitec Solutions could delay or derail state efforts to modernize unemployment insurance systems, including in Kentucky, Ohio and Texas.

Two Sagitec executives, David Gerald Minkkinen and Sivaraman Sambasivam-Face federal royalties alleging to have taken trade secrets from the User Interface Processing System at Deloitte LLP, where they previously worked, used them to create Sagitec’s user interface products and lied to federal investigators about it.

Legal issues complicate modernization efforts after many state unemployment insurance systems struggled to meet the challenges of the Covid-19 pandemic and the huge wave of jobless claims that began in March 2020. State agencies and laid-off workers seeking benefits have faced delays in processing applications. , problems implementing newly created federal benefits and an avalanche of fraudulent claims.

Even before this latest cause of delay, states’ user interface systems were not modernizing fast enough to be ready if another recession occurred in the near future.

“There are really only a handful of providers. Deloitte and Sagitec are the top two,” said Alexa Tapia, National Employment Law Project unemployment insurance campaign coordinator and former Kansas Department of Labor official. “It is a significant impact on the States. The process of modernizing their systems is arduous, expensive, and quite time-consuming,” even without the delays resulting from a vendor’s legal issues.

Kentucky, Ohio pending

Sagitec is or was involved in UI system replacements or upgrades in Kentucky, Ohio and Texas, before news broke earlier this month that the project’s start-up Kentucky is stuck due to the indictments. The executives were indicted Aug. 23 in federal court in West Virginia, following an investigation into a Sagitec project to revamp user interface systems in Maryland and West Virginia. The indictment says at least 11 Deloitte employees left and went to work for Sagitec between June 2013 and December 2015, just as Sagitec was launching its user interface technology business line.

The Ohio unemployment agency, which contracted with Sagitec, is “aware of the allegations and has suspended our project while we review the implications for our UI modernization project,” said agency spokesman Bill Teets via email on Monday.

The state first engaged Sagitec in 2018 to replace and provide support for both the employer tax side and the benefits and appeals processing side of its unemployment insurance system for a cost $86 million. Sagitec announced in May 2022 that it had completed the tax part – after the project faced challenges due to the Covid-19 pandemic and its huge salary of unemployment claims – and would then start the compensation and appeals system.

Local Kentucky news outlets, including the Lexington Herald-Leader, reported that the state should resume soliciting bids from tech vendors after reversing its decision to use Sagitec, citing labor official comments of State Jamie Link to lawmakers there on Sept. 15. Upgrading the state unemployment insurance system was expected to cost $47.5 million and take 18 to 24 months.

The Texas Workforce Commission has also contracted with Sagitec — a deal the company announced in July 2021 — to replace both taxes, benefits and appeals in its system. Representatives of the Texas agency could not immediately answer questions about the progress of the project Monday morning.

Sagitec expects to be able to continue with upgrades to its user interface system and fulfill its contracts with state agencies, Sagitec senior partner Rick Deshler said in a written statement Monday. He also noted that the company’s contract indemnified its customers, so state agencies should not face legal fallout.

“Sagitec has not been charged in this case and there are no indications that other employees are the target of government investigators,” he said. “We continue to work with the government on this matter as long as our operations are not affected: we are confident in our ability to meet our ongoing commitments to our customers.”

The case against the directors of Sagitec is United States vs. MinkkinenSDWVa., #2:22-cr-00163, 8/23/22

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NH school district struggles with rules http://lorodinapoli.org/nh-school-district-struggles-with-rules/ Sat, 24 Sep 2022 02:02:08 +0000 http://lorodinapoli.org/nh-school-district-struggles-with-rules/ Students at Milford High School in New Hampshire not only recognized Banned Books Week: They painted a tribute in their hallway. Directly in front of the school library this week is an art installation with 11 lockers painted to resemble the spines of 11 commonly disputed books, from “The Catcher in the Rye” to “Maus,” […]]]>

Students at Milford High School in New Hampshire not only recognized Banned Books Week: They painted a tribute in their hallway. Directly in front of the school library this week is an art installation with 11 lockers painted to resemble the spines of 11 commonly disputed books, from “The Catcher in the Rye” to “Maus,” the Holocaust graphic novel.

Across the hall, an exhibit inside the library features a number of young adult books that have been targeted nationwide in recent years, many of which centered on teens struggling with race. , identity and sexuality.

“This library is celebrating Banned Books Week,” reads a poster.

But for the school district, reading challenges are also a local issue. Last year, a parent filed a complaint about the book “Gender Queer,” a memoir by Maia Kobabe about their journey to identifying as non-binary. The plaintiff did not make a formal request to challenge the book, but amid uncertainty over the proceedings, Superintendent Christi Michaud withdrew the book from circulation for “less than 30 days”, she said. stated during an interview. The challenge was later abandoned and the book restored.

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Legal action warning for Wolverhampton black cab drivers not offering contactless payments http://lorodinapoli.org/legal-action-warning-for-wolverhampton-black-cab-drivers-not-offering-contactless-payments/ Thu, 22 Sep 2022 16:13:17 +0000 http://lorodinapoli.org/legal-action-warning-for-wolverhampton-black-cab-drivers-not-offering-contactless-payments/ The council approved the mandatory facility requirement for contactless card payments in all Hackney transport vehicles on January 19 this year. Although most owners and drivers have already complied with the ruling, Licensing Manager Greg Bickerdike said a few have yet to provide machines that allow customers to pay by contactless methods. Mr Bickerdike said […]]]>

The council approved the mandatory facility requirement for contactless card payments in all Hackney transport vehicles on January 19 this year.

Although most owners and drivers have already complied with the ruling, Licensing Manager Greg Bickerdike said a few have yet to provide machines that allow customers to pay by contactless methods.

Mr Bickerdike said the council had received several customer complaints that the service was not offered or that attempts had been made to charge a fee for using debit or credit cards.

In a report to the council’s regulatory committee, he said: ‘It is proposed that the Hackney transport vehicle registration requirements be updated. This will facilitate enforcement against offending owners.

“It is illegal to impose surcharges on customers for the use of credit, debit or charge cards, electronic payment services such as PayPal or similar cardless methods such as mobile phones.

“Customers should not be charged more than the amount displayed on the meter or the agreed rate. The pre-agreed rate cannot include additional charges for using a debit or credit card payment. This does not apply to transactions made with a corporate or professional credit card.

“As all of Wolverhampton’s licensed Hackney cars are wheelchair accessible, this leads to a higher proportion of disabled people using them. Disabled people are vulnerable to contagious disease and the contactless payment requirement has been introduced on recommendation from Public Health,” he added.

The council is also about to approve a consultation on the requirements and guidelines for carriage licenses and private hire.

Mr Bickerdike said the Department for Transport (DfT) last consulted on ‘best practice guides’ between March and June this year. The latest consultation will also consider the licensing function for South Staffordshire Council, which is delegated to Wolverhampton.

In another report he added: ‘The council has a duty to protect the general public from harm when using carriages or private hire vehicles. To do this, the board must ensure that all drivers and operators are “fit and proper” persons.

“Owners, drivers and operators are required to provide a written framework to enable employees and advisors to make fair and consistent decisions when assessing the suitability of license applicants.

“The guidelines also apply to existing drivers or businesses if they breach conditions, are convicted/cautioned for relevant offenses or behave in a manner inconsistent with what is expected of a license holder,” adds the report.

The regulatory committee will discuss the approval of both issues next Thursday.

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Texas Supreme Court Releases Cyberbullying Legal Action Form http://lorodinapoli.org/texas-supreme-court-releases-cyberbullying-legal-action-form/ Wed, 21 Sep 2022 00:18:24 +0000 http://lorodinapoli.org/texas-supreme-court-releases-cyberbullying-legal-action-form/ Austin, TX, 1 minute ago — The Texas Supreme Court has published in preview a “Petition to End Cyberbullying” form for inclusion in the Texas Civil Practice and Remedies Code. The form comes five years after the bipartisan passage of Senate Bill (SB) 179also known as “David’s Law”, which was authored by Sen. Jose Menendez […]]]>
The Texas Supreme Court has published in preview a “Petition to End Cyberbullying” form for inclusion in the Texas Civil Practice and Remedies Code.

The form comes five years after the bipartisan passage of Senate Bill (SB) 179also known as “David’s Law”, which was authored by Sen. Jose Menendez (D-San Antonio).

David Molak, who gave the law his name, killed himself aged 16 after his family said he was ‘overwhelmed with despair after being continually harassed, humiliated and threatened by a group of ‘students by SMS and on social networks’.

“David’s Law is a comprehensive bill that tackles cyberbullying by providing tools for schools as well as those targeted by this form of abuse,” wrote Maureen Molak, David’s mother and co-founder of the non-profit anti-bullying organization. David’s Legacyin a statement to The Texan.

In an interview with the texan, Menendez, like Molak, expressed gratitude that the Texas Supreme Court released this form. He thinks it will be especially helpful for parents of all socio-economic backgrounds who find their students are being bullied.

David’s Legacy provided forms on its website for use in cyberbullying incidents and also facilitated pro bono legal assistance. Menendez said he was glad the form included information about free legal aid groups statewide that can help families with limited financial means.

Before using the form to obtain a court-ordered restraining order against an accused cyberbully, the victim is encouraged to try to settle the matter out of court, including speaking to the parents of the accused bully.

In 2021, the Legislative Assembly added provisions to “David’s Law” requiring school districts to develop a rubric or checklist to assess a bullying incident and determine the district’s response, the office of the district said. co-author of Senator Paul Bettencourt (R-Houston). The Texan.

Each district must also track and report “the number of reported incidents of bullying that have occurred on each campus.”

Joe Cohn, legislative and policy director of the Foundation for Individual Rights and Expression (FIRE), believes that ‘David’s Law’ has an overly broad definition of what constitutes bullying, different from the precedent set by the Court Supreme of the United States Davis v. Monroe County School Board.

In 1999, the United States Supreme Court held that for an act to be considered student-to-student bullying, the person must be targeted for a protected reason, the conduct must be offensive to a reasonable person, and the conduct must be so severe and pervasive that it would deprive a victim of equal access to educational opportunities provided by the school, Cohn explained.

When the government – ​​whether a school or a court – interferes with free speech, the standard is very high, he noted.

“To address student-to-student harassment or bullying, it is of the utmost moral and legal importance to carefully define these terms to avoid silencing or punishing protected speech,” Cohn said. The Texan. “David’s Law” allows parents to seek injunctions against minors, silencing them long before their speech crosses constitutional boundaries. The Legislature should review the law and change its definitions to conform to the First Amendment.

Texas law defines bullying as an act or series of acts that “exploits an imbalance of power”, has the effect of harming a student or placing them in a “reasonable fear of harm”, and is “sufficiently severe, persistent, or pervasive” so that it “materially and substantially disrupts the educational process”.

Because the US Supreme Court requires the behavior to be both ‘serious and widespread’ while Texas law allows it to be “severe, persistent, or pervasive” Cohn thinks it won’t be long “before it’s constitutionally challenged.”

“We have seen reports showing a reduction in cyberbullying in the state of Texas since the passage of ‘David’s Law’. These forms will not solve the problem, but we believe they will definitely have a greater impact and hopefully other states will follow our lead,” Molak stressed.

On the other hand, Cohn thinks that “the creation of these forms is likely to increase the number of people who file lawsuits trying to silence students by using overly broad definitions.”

Interested parties may submit comments and comments to the Texas Supreme Court about the “petition to end cyberbullying” in writing by December 1.

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Legal provisions: May 20-26, 2022 – Albert Lea Tribune http://lorodinapoli.org/legal-provisions-may-20-26-2022-albert-lea-tribune/ Sat, 17 Sep 2022 01:05:31 +0000 http://lorodinapoli.org/legal-provisions-may-20-26-2022-albert-lea-tribune/ Freeborn County district court May 20 Anthony Terrell Sanders, 30, 5737 Indiana Ave., Kansas City, MO. Count 1: Drugs – third degree felony – possession of 10 grams or more of a narcotic other than heroin. Tax relief. Local confinement for two days, credit for two days served. Three-year supervised internship. Fees $180. Count 2: […]]]>

Freeborn County district court

May 20

Anthony Terrell Sanders, 30, 5737 Indiana Ave., Kansas City, MO. Count 1: Drugs – third degree felony – possession of 10 grams or more of a narcotic other than heroin. Tax relief. Local confinement for two days, credit for two days served. Three-year supervised internship. Fees $180. Count 2: Drugs – second degree felony – possession of 50 grams or 100 unit doses – amphetamines/PCP/hallucinogens. Rejected. Count 3: Drugs – misdemeanor – possession of more than 1.4 grams of marijuana in a motor vehicle. Rejected. Count 4: Traffic – no Minnesota driver’s license. Rejected.

Anthony Terrell Willis, 49, 4841 105 Lane NE, Circle Pines. Driver’s license – driving without a valid license for the class or type of vehicle. Fees $180.

Saw Tut, 31, 2417 Milo Ave., Albert Lea. Count 1: Traffic – DWI – felony – driving a motor vehicle under the influence of alcohol. Rejected. Count 2: Traffic – DWI – felony – operation of a motor vehicle – alcohol concentration 0.08 within two hours. Engage with the Commissioner of Corrections-MN Correctional Facility for Adults-St. Cloud for 36 months, stay five years. Local confinement for 180 days, credit for 35 days served. Sentenced to 40 hours of service. Fees $805. Count 3: Traffic – conduct after cancellation prejudicial to public safety. Rejected.

Jennifer Jonelle Wasson, 40, 410 St. Peter Ave., Albert Lea. Count 1: Harassment Restraining Order – Breach and Knowledge of Temporary or Restraining Order. Licensed when conditions are met. Unsupervised monitoring for one year. Fees $75.

May 23

Evan Jacob Miller, 35, 303 4th Ave SE, Wells. Count 1: Traffic – conduct after revocation. Adjournment of tender. Eight-month supervised internship. Fees $75. Count 2: Traffic – uninsured vehicle. Eight-month supervised internship. Fees $75.

Stephanie Jade Stevens, 31, 114 Charlotte Ave, Albert Lea. Modified provision. Infringement of 12/31/19. Count 1: Theft – taking, use or transfer of personal property – no consent. Licensed after payment of a full and total refund. Unsupervised monitoring. Refund $509. Fees $75. Infringement of 02/11/19. Count 1: Theft – by fraud. Licensed after payment of a full and total refund. Unsupervised monitoring. Refund $300. Fees $75.

Michael Danis Wicks, 49, 721 Plainview Ln., Albert Lea. Count 1: Traffic – uninsured vehicle. Fee: $280. Count 2: Traffic – conduct after suspension. Fees $200.

Lawrence James Wallis, 55, 802 N. Delaware Ave., Mason City, IA. Count 1: Drugs – Possession of a controlled substance – fifth degree felony. Legal suspension of the auction. Local confinement for two days, credit for two days served. One-year supervised internship. Fees waived. Count 2: Drugs – possessing more than 1.4 grams of marjuana in a motor vehicle. Rejected. Count 3: Traffic – no proof of insurance. Rejected. Count 4: Drugs – possession of drug paraphernalia. Rejected.

May 24

Ethan Tennyson Ball, 19, 320 Willamor Road, Albert Lea. Count 1: Alcohol – consumption under 21 years old. Fees $180.

Donald Maurice McCormick, 36, 930 ½ S. Broadway, Albert Lea. Count 1: domestic assault – felony. Local confinement for 365 days, stay 210 days, credit for 155 days served. Two-year supervised internship. Community work service: 30 hours. Fees $75.

Jennifer Machelle Mickelson, 37, 616 James Ave., Albert Lea. Count 1: Traffic – no Minnesota driver’s license. Fees $180.

Kevin Harvey Portwine, 49, 1402 N. Walnut, Colfax, IA. Count 1: Domestic assault – felony. Tax relief. Five-year supervised internship. Fees $1,055.

Pascual Vazquez Santiago, 24, 401 9th St. NE, Austin. Count 1: Traffic – no Minnesota driver’s license. Fees $180.

May 25

Shiloh Bates, Jr., 26, 819 E. 4th St., Galesburg, IL. Count 1: Domestic assault – misdemeanor. Rejected. Count 2: Domestic assault – misdemeanor. Rejected. Count 3: Domestic Abuse No Contact Order – Violation of No Contact Order. Local confinement for 90 days, stay 30 days, credit for 28 days served. One-year supervised internship. Fees $455.

Kasey Lee Avery, 23, 1316 Frank Ave., Albert Lea. Count 1: Traffic – DWI – misdemeanor – driving a motor vehicle under the influence of alcohol. Rejected. Count 2: Traffic – DWI – misdemeanor – operation of a motor vehicle – alcohol concentration 0.08 within two hours. Local confinement for 60 days, stay 60 days. Two-year supervised internship. Fees $605.

Holly Marie Nelson, 39, 408 High St., Albert Lea. Count 1: Obstruction of legal proceedings – serious offence. Local confinement for 365 days, stay 629 days, credit for 36 days served. One-year supervised internship. Fees $130. Count 2: Disorderly conduct. Rejected.

Albin James Straub, 3727 Main Street, Barnum. Count 1: Traffic – conduct after suspension. Fees $280.

Teresa Blanch Whalen King, 51, 804 8th St. SE, Austin. Count 1: Traffic – uninsured vehicle. Fees $280. Count 2: Traffic – conduct after dismissal. Fees $200.

You The Do, 37, 1007 5th St. NW, Austin. Traffic – conduct after revocation. Fees $200.

May 26

Franciso Jose Guerrero, 21, 908 St. Jacob Avenue, Albert Lea. Offense of 07/20/21. Count 1: Obstruction of legal proceedings by force or violence – serious offence. Rejected. Count 2: Escape from a peace officer by means other than a motor vehicle – misdemeanor. Local containment for 90 days, stay 90 days. One-year supervised internship. Fees $155. Competitor with another case. Offense dated 4/1/01. Count 1: Obstruction of legal process – interference with a peace officer. Local containment for 365 days, stay 365 days. One-year supervised internship. Fees $205. Competitor with another case. Count 2: Alcohol – consumption under 21 years old. Fees $180. Rejected. Infringement of 12/31/20. Count 1: Possession of a small amount of marijuana. Rejected.

Kim Sonya Durkos, 36, 1202 McNaughton Way, Spencer, Iowa. Count 1: Fifth degree possession of a controlled substance. Legal suspension of the auction. One-year supervised internship. Fees $150.

Nyabuony Jock Kuey, 33, 160 Homestead Road, Mankato. Count 1: Traffic – conduct after suspension. Fees $280.

Jayne Irene Stout, 48, 106 Washington St. W, Hollandale. Infringement of 03/15/22. Count 1: Traffic – conduct after revocation. Fees $280. Count 2: No proof of MV insurance. Fees $200. Infringement of 02/28/22. Count 1: Traffic – conduct after revocation. Fees $280. Count 2: No proof of MV insurance. Fees $200.

Keith Richard Stumo, 41, 2318 Larson Ave, Albert Lea. Count 1: Traffic – conduct after suspension. Fees $280. Count 2: Registration expired. Fee $30.

Teontae Tazjion Thomas, 21, PO Box 242, Austin. Count 1: Traffic – conduct after revocation. Fees $280.

Jonah Shawn Togbah, 26, 556 37th Ave., Minneapolis. Count 1: Speeding – 94/70. Fee $220. Count 2: Traffic – conduct after dismissal. Fees $200.

Musa Turay, 23, 1020 W. Medicine Lake Dr., Plymouth. Count 1: Speeding – 94/70. Fee $220.

The Tribune publishes all convictions where the financial obligation to the court is $180 or more, or resulted in jail time, probation, or community service.

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Now, why exactly do we need the LSAT? http://lorodinapoli.org/now-why-exactly-do-we-need-the-lsat/ Tue, 13 Sep 2022 00:09:00 +0000 http://lorodinapoli.org/now-why-exactly-do-we-need-the-lsat/ (Reuters) – Jane is applying to schools of law, medicine, dentistry, pharmacy, business and architecture. If she applies to medical school before trade school and the dental application is fourth, when does Jane pass all the required entrance exams? Answer: All she has to do is take the LSAT. The accreditors of other professions do […]]]>

(Reuters) – Jane is applying to schools of law, medicine, dentistry, pharmacy, business and architecture. If she applies to medical school before trade school and the dental application is fourth, when does Jane pass all the required entrance exams?

Answer: All she has to do is take the LSAT. The accreditors of other professions do not impose standardized admission tests for higher education, according at the American Bar Association.

Should the law follow? I don’t mean abolish the LSAT altogether (and its tortured logic games), but rather allow individual law schools to decide whether or not to require the exam as part of their admissions process?

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That’s the proposal currently pending before the ABA’s Council on Legal Education, and it has sparked a flood of comments from passionate advocates and opponents of the LSAT.

As it stands, the ABA 503 standard requires JD program applicants to submit the results of a “valid and reliable admissions test” — usually the LSAT, but dozens of schools now also accept the GRE.

Many of those who urge the ABA to keep the test requirement in place argue that the LSAT is the best predictor of academic success in the first year of law school. And given the cost of a legal education – according to US News – average private law school tuition in the 2021-2022 academic year was $53,000, while in-state public school tuition was about $30,000 – it doesn’t benefit anyone to miss out, without JD and struggling with debt.

Like the Law School Admission Council of comments According to the ABA, making the test optional “will effectively deprive many law school applicants of the single most important piece of information they need to make the resource-intensive decision to enroll in law school.” : their chances of success”.

So…law schools are doing applicants who bombard the LSAT a favor by rejecting them, saving them future heartache?

Perhaps unsurprisingly, many commentators who have struggled with the LSAT don’t see it that way.

For example, a man said his “ADHD and generalized anxiety disorder caused me to score below the LSAT standard” even though he has a 3.9 GPA and is confident he could do well in college by right.

Others point to the cost of preparing for individualized exams, which can easily exceed $4,000.

“I don’t come from money, so I was at a huge disadvantage by not being able to enroll in a prep course or have a private tutor,” one contestant said. wrote. “Instead, I’ve had to rely on cheap prep books that are ineffective for most students.”

Another who identified as an African American woman said she was “not convinced that I can score high enough to be seriously considered in the majority of schools”, adding that “I just want to get in the door”.

Indeed, proponents of making the LSAT optional hope it will lead to greater diversity in the legal profession. According comments submitted by the AccessLex Institute, citing “historically disadvantaged racial and socioeconomic populations,” the average LSAT score for black applicants was 142. For white and Asian applicants, it is 153, with Hispanic applicants scoring a average of 146.

Yet making the exam optional is unlikely to be a panacea for diversity. As AccessLex notes, emerging research on minority student enrollment at undergraduate institutions that no longer require the SAT or ACT has found mixed results and “limited evidence of diversity gains.” .

To me, this points to the biggest hurdle to removing the LSAT. What are you replacing it with?

The absence of test scores would mean “greater confidence in the subjective assessment of admissions (which can be easily influenced by bias)”, according to a 20 page commentary signed by more than 50 law school deans and directors of admissions.

It would also mean a greater reliance on undergraduate grade point average — which admissions officials say could be inflated at private colleges, favoring wealthy applicants. Likewise, the perceived prestige of the undergraduate school would be greater, again favoring wealthy applicants.

Valid points, yes, although you also think that admissions officers might consider these variables when evaluating applications.

Despite some disparaging comments (a affirmed that making the LSAT optional would result in a “parade of horribles for legal education and students”), the proposal ultimately seems modest to me. Most law schools would likely continue to use the LSAT in admissions decisions. The world would continue as we know it.

But why not also give some creative legal educators the opportunity to look beyond the LSAT?

It’s not like without the test, admissions would happen willy-nilly. Each law school will still have to adhere to the ABA rule limit enrollment to students “who appear capable of satisfactorily completing their legal education program and being called to the bar”.

What we do know is that the current system is not working well for a significant subset of applicants, who remain stubbornly underrepresented in the legal profession.

As Clinical Legal Education Association Put theif we “want a more diverse profession that can better meet the needs of contemporary clients – we cannot keep doing the same thing and expecting different results”.

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The opinions expressed are those of the author. They do not reflect the views of Reuters News, which is committed to integrity, independence and freedom from bias by principles of trust.

Senate investigation later concluded that the interrogations had not yielded any valuable intelligence. But it has sparked endless pretrial litigation over whether FBI reports of their statements can be used against them — a process not subject to the speedy trial rules used in civil courts.

The torture allegations have raised fears that the United States has wasted its chance to have Mohammed tried in a civilian court.

But in 2009, President Barack Obama’s administration decided to give it a try, announcing that Mohammed would be transferred to New York and tried in federal court in Manhattan.

“Failure is not an option,” Obama said.

But New York City balked at the expense of security, and the move never happened. Eventually, it was announced that Mohammed would face a military tribunal. And then more than a dozen years passed.

Kelley said talk of military tribunals two decades ago surprised many in the legal community who had successfully prosecuted terrorism cases in the previous decade. The concept of a tribunal, he said, “came out of nowhere. Nobody knew it was going to happen.

Then-Attorney General John Ashcroft was not pro-court and supported federal terrorism prosecutions in Manhattan, he said.

Now, Kelley said, over time it will be much more difficult to prosecute Mohammed in court, let alone a courtroom. “Evidence becomes stale, witness memories fail.”

The passage of time has not dulled the memories of the victims’ families or dampened their interest in witnessing justice.

Eddie Bracken’s sister Lucy Fishman was killed at the mall. The New Yorker opposed Obama’s proposal to move the trial to federal court – Mohammed is charged with “a military act” and should be tried by the military, he said. And if he is somewhat frustrated by the delays, he understands them.

“The whole world is looking at us and saying, ‘What are they doing after all this time?’ “, he said. But he realizes the case is “a process that the world sees, that has to be done under a microscope. … It’s up to the United States to do its due diligence, to make sure it’s done right.

“The wheels of justice are turning. They spin slowly, but they spin. And when the time is right, and it’s said and done, the world will know what happened,” he adds.

While Mohammed lingered in Guantanamo, the US killed al-Qaeda leader Osama bin Laden in a 2011 raid and deputy-turned-successor Ayman al-Zawahri in a drone strike last August.

Guantanamo Bay Military Commission investigators say he plotted the September 11 attacks for three years. They cited a computer hard drive seized during his arrest which they said contained photographs of the 19 hijackers, three letters from Bin Laden and information about some of the hijackers.

Mohammed, during his court hearing, admitted in a written statement that he had sworn allegiance to Osama bin Laden, was on the council of al-Qaeda and had served as bin Laden’s operational director for organizing, planning, monitoring and executing the 9/11 conspiracy “from A to Z”.

According to the statement, he also took credit for the 1993 World Trade Center bombing; an attempt to shoot down American airliners using shoe bombs; the nightclub bombing in Indonesia; and plans for a second wave of attacks after the 2001 attacks on landmarks like the Sears Tower in Chicago and the Empire State Building in Manhattan.

He also claimed responsibility for other planned attacks, including assassination attempts on then-President Bill Clinton in 1994 or 1995 and an assassination plot against Pope John Paul II around the same time. , according to the press release.

Mohammed’s nearly two decades in legal limbo differ from the fate of his nephew, Ramzi Yousef, the mastermind of the 1993 World Trade Center bombing that killed six people, injured 1,000 others and left a crater in the parking lot under the twin towers.

Yousef is serving life in prison after being found guilty in two separate civil trials. He was also captured in Pakistan in 1995 but was brought to the United States for trial.

At the time, Yousef said his right to kill people was comparable to America’s decision to drop a nuclear bomb in World War II. Mohammed offered a similar justification, saying through an interpreter during proceedings at Guantanamo that killing people was the “language of all war”.

Bracken traveled to Guantanamo in 2012 to attend a hearing for Mohammed and his co-defendants, and would likely return there if a trial took place.

“I don’t know if I want to go back there to bring back all the pain and pain. But if I’m allowed to go, then I guess I will. Yeah. My sister would do that for me.

“She is that kind of woman,” he added. Then he corrected himself: “She was that kind of woman.”

Antlfinger reported from West Bend, Wisconsin. Associated Press writers Ellen Knickmeyer in Washington and Tom Hays in New York contributed to this story.

]]> As a family doctor, much of my work is invisible to patients. http://lorodinapoli.org/as-a-family-doctor-much-of-my-work-is-invisible-to-patients/ Wed, 07 Sep 2022 08:00:00 +0000 http://lorodinapoli.org/as-a-family-doctor-much-of-my-work-is-invisible-to-patients/ This first-person article is the experience of Dr. Laura Sang, a family physician in the greater Montreal area. For more information on CBC’s First Person Stories, please see frequently asked questions. WARNING: This article contains references to sexual assault and suicide. I get out of bed at 6am trying not to disturb my sleeping partner. […]]]>

This first-person article is the experience of Dr. Laura Sang, a family physician in the greater Montreal area. For more information on CBC’s First Person Stories, please see frequently asked questions.

WARNING: This article contains references to sexual assault and suicide.

I get out of bed at 6am trying not to disturb my sleeping partner. After pulling on a hoodie from the pile of clean clothes I haven’t had time to put away, I make myself a cup of tea and a bite to eat.

As soon as that first drop of caffeine enters my bloodstream, I open my laptop to review patient records in preparation for my next clinic.

My inbox contains about 20 messages needing attention from the previous day, including one from a secretary stating that my patient – a single mother recently diagnosed with breast cancer – was in distress because her insurance refused to cover her salary during discharged undergoing chemotherapy treatments. I am requesting that the patient be booked on one of my lunch breaks this week to see what can be done to help her.

Then I print a multitude of driver’s license renewal forms for my elderly patients and insurance forms for discharged patients. Every sip of tea is a guilty reminder that I wanted to end a few days ago. After a brief “good morning” exchange with my partner at 8:00 a.m., I head to work to start my day seeing patients.

At the clinic, I silence my buzzing phone, ignoring the endless stream of emails about pandemic precautions, updates on equipment shortages, and staff on sick leave as I try to give my full attention to the sobbing 18 year old. my office. She struggles to return to school after being raped.

His family does not know. I’m the second person she felt comfortable talking to after a teacher refused to give her an extension on her essay when she asked for help.

She looks helplessly into my eyes as she expresses her heart. I feel a growing weight on my shoulders – a sense of responsibility to make up for a system that let it down.

Her appointment lasts as long as I support her through her decision-making process of whether or not to take legal action against the abuser.

The rest of my break is spent calling back patients with urgent lab results and talking to the nurse at the rehab center where I work twice a week, trying to manage patients’ high blood sugar and headaches at distance.

Dr. Laura Sang worked in a Montreal hospital during the Omicron wave. (Submitted by Dr. Laura Sang)

The last patient leaves my house around 4 p.m. but my working day is far from over. I have a new stack of insurance forms, prescription refills and specialist referrals to fill out.

In my first year as a family physician, I’m still trying to figure out what business side of medicine we need to manage. With no sick or vacation days, we only get paid based on our interactions with patients. I spend the next two hours trying to finish plotting these interactions. All this administrative work — most of it invisible — is unpaid.

I spend more time carefully reworking another rejected insurance form so that my patient with crippling depression after his son’s suicide continues to be paid while on leave.

I receive a scan result showing a brain tumor and try to find the fastest way to send the patient to neurosurgery and arrange an appointment to discuss the result. After a brief dinner and an hour spent meeting my partner at home, I sift through all the blood test results that have piled up throughout the day. I struggle to keep my sleepy, floating eyes open as I make sure there’s nothing urgent before slipping into bed to start all over again the next day. And the next and the next.

By the time the weekend rolls around (luckily I’m not supposed to work) I fall into bed and sleep for about 12 hours.

This schedule reflects the reality of so many family physicians in Quebec. We work and work until we are exhausted, move into the private sector, or leave the field altogether because we simply cannot bear the weight of our overburdened healthcare system any longer.

I feel privileged to do this work. From celebrating remission from cancer to treating depression after a miscarriage, family physicians see patients go through many defining moments in their lives, times that many family members never are not even aware.

Although my work is incredibly rewarding, it is also exhausting. Interactions with patients can affect us deeply and it can be difficult to find the time to process much of the suffering we witness when we are overwhelmed with a high volume of patients and paperwork.

And there are often huge sacrifices in our personal lives to care for our patients – postponing dinner plans, missing birthday parties and family gatherings. I’ve had weeks where I haven’t seen my partner, because I’ve been out of the house before he woke up and home after he fell asleep.

That’s exactly why it stings every time I see The politicians saying family doctors don’t work hard enough. Ask us to take more patients as part of the reforms of the Quebec health system will not necessarily improve patient access or quality of care. The solution is much more complicated.

The next time you feel frustrated that your family doctor is late, remember that we’re probably helping someone through a crisis. When we’re only available two days a week, it’s because we often work at other locations or use unpaid hours to complete your forms, refer you to specialists, and follow up on your lab results.

Remember that we work for you, even when we don’t see you.

CBC Quebec welcomes your presentations for first-person essays. Please email povquebec@cbc.ca for more details.


If you or someone you know is having trouble, here’s where to get help:

Support is available for anyone who has experienced sexual assault. You can access crisis lines and local support services through this Government of Canada website or the Canadian Association for the Elimination of Violence Database. If you are in immediate danger or fear for your safety or the safety of those around you, please call 911.

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Kenya’s Supreme Court Upholds William Ruto’s Presidential Victory http://lorodinapoli.org/kenyas-supreme-court-upholds-william-rutos-presidential-victory/ Mon, 05 Sep 2022 16:03:10 +0000 http://lorodinapoli.org/kenyas-supreme-court-upholds-william-rutos-presidential-victory/ Comment this story Comment NAIROBI – Kenya’s Supreme Court on Monday upheld the election of William Ruto as the country’s president-elect in a unanimous decision that strongly rejected arguments made by opposition candidate Raila Odinga and his supporters, who had sought to annul the results of the elections. The verdict marks a likely final blow […]]]>

Comment

NAIROBI – Kenya’s Supreme Court on Monday upheld the election of William Ruto as the country’s president-elect in a unanimous decision that strongly rejected arguments made by opposition candidate Raila Odinga and his supporters, who had sought to annul the results of the elections.

The verdict marks a likely final blow to the presidential ambitions of Odinga, a 77-year-old opposition veteran, and means Ruto, 55, the country’s populist vice-president, will be sworn in in the coming weeks. In an opinion read by Chief Justice Martha Koome, the court slammed the allegations made by Odinga’s legal team as “just another red herring” and “hearsay”.

Odinga, who was in his fifth run for president, had personally delivered boxes of evidence to the court after Ruto’s narrow victory in the Aug. 9 election.

Defeated Kenyan candidate challenges results in Supreme Court

In a statement on Monday afternoon, Odinga said he found it “incredible” that the judges ruled against his motion on each of the nine counts raised, using language he described as “unduly exaggerated “.

“We respect the court’s opinion although we vehemently disagree with its decision today,” says Odinga, who was a political prisoner in the 1980s and helped usher in Kenya’s multi-party system. “This judgment is by no means the end of our movement.”

Ruto, for his part, applauded the judgment, praising the independent electoral commission and its chairman, and describing the judiciary as “the hero of our democracy, the rule of law and constitutionalism”.

“The administration that we are going to lead is the administration that is going to serve all Kenyans,” Ruto said. “It doesn’t matter if they voted or who they voted for.”

The election, which pitted two of Kenya’s most powerful politicians against each other, was hotly contested, with the chairman of the independent electoral body announcing on August 15 that Ruto – who has presented himself as a “scammer” who would represent the better Kenya’s poor – won around 50.5% of the vote, compared to Odinga’s 48.5%.

Minutes before Wafula Chebukati, the committee chair, read the results, four of the seven members said they could not accept the results due to the “opaque nature” of the process.

Odinga’s legal team argued that Chebukati allowed foreign agents to infiltrate the electronic voting system and exceeded his authority by announcing results without the consensus of the commission. Koome said the court found “no credible evidence” for the first claim and determined that the four commissioners provided little evidence for their claims and in fact participated in the process until the “11th hour.”

“Are we going to call off an election based on a last-minute board breakdown, the details of which remain scanty and conflicting?” Koome said. “That we cannot do.”

Koome also criticized Kenya’s electoral body for dysfunction, saying the commission needed “deep reforms”. But she said the infighting had not affected the body’s ability to carry out the election within the standards set by the constitution. She dismissed claims by the Odinga team that there were significant differences between paper tallies at 46,229 polling stations and those uploaded to the online portal.

The election and its aftermath have been closely watched in Kenya and abroad, including in Washington, where Kenya is seen as a beacon of stability in East Africa and a key partner in efforts to combat the terrorism.

International and domestic election monitors generally gave the process high marks, which legal experts said meant that Odinga, who successfully contested his defeat to incumbent President Uhuru Kenyatta in the 2017 elections, had a higher bar to prove this time around. He had presented his legal fight as “an all-out battle for the cartels of corruption who have everything to lose against the forces of democracy”.

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Although this election was generally peaceful, some feared that a decision against Odinga would spark unrest among his supporters, as the campaign was widely seen as his last chance for the presidency. The post-election violence that followed the defeat of the 2007 elections by President Mwai Kibaki left more than 1,000 dead and 600,000 displaced. The period following the 2017 elections was also marked by violent street protests and human rights violations.

Prior to the decision, Kenyan police stepped up security in parts of the country with a history of election violence. On Monday in Nairobi, some schools announced they would close early.

After the decision, massive celebrations erupted in Ruto strongholds in central Kenya and across the Rift Valley. On Kikuyu Road in Nairobi, Mary Wangari, 35, said she had stopped frying her potatoes for a minute when she heard the decision.

“Yes, I danced,” she said. “I am now back at work, because I have to find something to eat.”

She and two sisters had fled the Rift Valley town of Eldoret in 2007 amid post-election violence. Wangari said she hoped things would remain calm and could not understand Odinga’s decision to challenge the results.

“This election was different,” she said. “Everything was put out there for everyone to see. Why don’t they accept?

In Kisumu, Odinga’s home town in western Kenya, Charles Olongo said the streets were unusually quiet after the verdict.

“People know they have to get on with their lives,” the 39-year-old taxi driver said.

Chason reported from Dakar.

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Reservoir Paper Recycler Can’t Stop Stink That Looks Like Ham http://lorodinapoli.org/reservoir-paper-recycler-cant-stop-stink-that-looks-like-ham/ Sat, 03 Sep 2022 06:13:27 +0000 http://lorodinapoli.org/reservoir-paper-recycler-cant-stop-stink-that-looks-like-ham/ One of the chimneys emitting fragrant vapor from the Visy factory.Credit:Jason South The Reservoir paper mill, one of eight across the country, receives paper and cardboard that is recycled into new paper products. Large chimneys above the mill release steam from the water-intensive paper processing process, which smells of sulfides and volatile fatty acids – […]]]>

One of the chimneys emitting fragrant vapor from the Visy factory.Credit:Jason South

The Reservoir paper mill, one of eight across the country, receives paper and cardboard that is recycled into new paper products.

Large chimneys above the mill release steam from the water-intensive paper processing process, which smells of sulfides and volatile fatty acids – sometimes smelling of vinegar and at other times the trap to grease.

Houda Ahmed, a mother of five, who also lives just opposite the factory, said she had booked her 10-year-old daughter, Narene, for a nasal specialist due to the constant presence of blood when she was blowing.

“My son Mohammed, he always complains of headaches. His nose is stuffy a lot, he can’t speak properly,” she said. Ahmed also said she struggled with mold in her home as she couldn’t open the windows due to the constant smell.

“I want them [temporarily] shut down the plant because it’s running 24/7,” said resident Chris Wilkinson.

“They say they can’t start building shells before their downtime. I want them to stop [now]fix it, then reboot.

The company has received four notices of redress from the Environmental Protection Authority so far since the end of 2020. Last year, the watchdog fined the empire $9,000. recycling after failing to remedy the smell.

But locals say the fine would have been a ‘small change’ for the business, with the personal wealth of Anthony Pratt and his family, behind the Visy empire, standing at $24.30 billion – making them the fifth richest family in Australia.

This week, the EPA issued another “formal warning” to the company for missing the design production deadline to modify two exhaust stacks that are the premises’ biggest odor contributors. No fine was imposed.

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“Visy currently has plans to repair the hood exhausts and four roof chimneys by mid-2023, and these will be required in an updated notice to be served shortly,” a spokesperson said. from the EPA.

Although the EPA maintains that the substances are not harmful to long-term health, it acknowledges that the smell has “very real” temporary health effects.

“There’s no immediate toxic reaction because the odor just isn’t concentrated enough to cause this stuff,” said EPA senior odor engineer Chris Bydder.

“What it does is stimulate your sense of smell, and if you stimulate your sense of smell too much, you can get irritated – you can get headaches for example,” said Bydder, also a local who said that he walked through the stench of the reservoir every day.

“The smell stimulates a whole central nervous system and when that happens you can have other ripple effects – you start to get stressed, there’s also a feeling of helplessness. We certainly see a heavy burden for mental health in people who are continually exposed to odors.”

Reservoir joins Kealba and Cranbourne on the list of Melbourne communities pushing for action against the stench in their suburbs. The last two suburbs both face chronic odors from nearby landfills.

Earlier this week, the environmental watchdog published Cranbourne’s SBI inert dump with a notice of intent to suspend its operating license for failing to remediate a putrid stench from rotting waste mixed with water.

The EPA last month also refused a request from cement producer Barro Group to extend the date of their environmental action notice for a landfill in Kealba, west Melbourne, which has been burnt underground for nearly three years.

Visy did not respond to age for comment.

The company is hosting an EPA-mandated community meeting to speak to residents on Monday, September 12 at the Reservoir Community and Learning Center on Edwardes Street from 5-7 p.m.

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