Wednesday, December 25, 2013

Fighting Video with Video

Sheriff's deputies in Clark County, Ohio, have been given dispensation to wear "pocket cameras" on the job. Not because someone decided it was a good idea for them to video their interactions with member of the public, which is not only a perfectly fine thing to do, but one that has been embraced by other department. According to the Dayton Daily News:
Clark County Sheriff’s deputies are wearing pocket cameras that record their work to help their cases and to protect themselves against accusations of misconduct.

“Every call we go on, someone’s going to record us,” Clark County Sheriff Gene Kelly said. “We have that same technology.”

Deputies are not required to wear the cameras but can purchase them independently or with their uniform allowance.

So that's how it's going to be, if we record them, they record us. Tit for tat. Fight fire with fire. So nobody in Dayton will be arrested or hassled for videotaping police anymore? What's wrong with that?

Kelly said that law enforcement can use the cameras to their benefit if there are false allegations.

“They say a picture is worth a thousand words,” Kelly said.

What Elliott records with his camera can be used for evidence.

“If I feel there are evidentiary purposes, I will submit it to the courts,” said Elliott, who has worn his for about a year.

Of course, that's not how it worked out when Rory Bruce was tried, but it reveals the one-way street attitude that video is going through on its way to maturity. When the cops want to use it, because it benefits them, it's perfect. A picture is worth a thousand words. When it reflects poorly on cops, it never tells the full story and should be completely disregarded.

But what the Clark County Sheriff's office is doing shows the danger of playing this game. Inexplicably, police haven't quite gotten the memo that they are rather unique public employees. They aren't let loose on the streets with guns and shields because they are just a bunch of cool guys, but because they hold a special authority that society has entrusted to them to protect and serve.

When they take the oath and strap on the Sam Browne body armor, they do with the knowledge that they are no longer acting as ordinary people who just happen to be entitled to seize other ordinary people by pointing a gun at their head. Their authority comes from the job, from the People, who put up the money for their uniform allowance.

Are there rules for the use of pocket cameras in Clark County? Who decides when the camera gets turned on? Must deputies preserve what the camera sees, whether it's good for them or not? Does Gene Kelly, the Sheriff, get to decide what's of "evidentiary value" and what's not?  Who preserves the integrity of the video? On whose computer does it get downloaded? Or deleted? Or altered? 

A picture may be worth a thousand words, but that's true whether the picture is accurate or modified to show something false. And if the picture shows a cop doing something bad, then the lack of a picture is worth even more words, the words of argument that there is no proof of a beating, a false arrest, a killing.
Members of the Clark County Sheriff’s office are not permitted to have original copies of the digital media evidence after their shifts, according to digital media evidence policies for the office.

And what happens to the deputies if they do? Who decides what gets uploaded after a shift? Is this intended to prevent a deputy from screwing with videos at home or uploading embarrassing videos on Youtube of their interactions on the job?

“They can be used to protect deputies and civilians to be sure everything is safe and appropriate,” Hunt said.

Officials believe that the cameras will be helpful in protecting themselves and the community.

“I think there will be a time when everyone carries one,” said Kelly.

There probably isn't anyone who disagrees with this, though its hardly as simple as Kelly would have it.  We're still a ways off from figuring out how video will best serve  "deputies and civilians," ignoring, of course, that deputies are civilians, but I hesitate to be overly critical of Ben Hunt, human resources and labor relations administrator at the Clark County Sheriff’s Office, for his confusion. It's got Tale of Two Cities potential, best and worst at the same time.

But the set up of deputies carrying personal video to offset the public having video of their own smacks of a deeply entrenched "us" versus "them" problem, and provides all sorts of opportunity for facile abuse.  Cops want to video their interactions for everyone's benefit? Cool. But then it has to be done right, used from the initiation of all interactions and remain on until the bitter end, preserved in a manner that secures it from any alteration and available to everyone, cop or non-cop alike, should it be needed. 

Why isn't the public required to do so if that's what you demand of cops?  Because you are cops, whose function is to protect and serve at the behest of the public.  This is the life you chose and the obligation that goes with it.











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Source: http://blog.simplejustice.us/2013/07/14/fighting-video-with-video.aspx?ref=rss

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Safety first

I’m pleased to note that California’s AB 1371, known as the Three Feet for Safety Act, becomes law in 2014. California is the 23rd state to establish a minimum buffer zone around bicycles that ride on public roads. It’s about time! Motorists passing a bike must allow at least three feet of space between the car and the bike, or slow to a safe and reasonable speed. As a cyclist myself,

I know how dangerous the roads can be; in 2011, I was hit by a car making a left turn, failing to yield the right of way to me. The driver just didn’t “see” me.  This literally changed my life and I still feel the impact of that accident. Drivers passing too close is one more problem behavior on the roads, especially with new hybrids that make little or no sound of warning as they approach.

Be careful out there on the roads this holiday season, and always. Selfishly, I want you back as a reader and commentator.  Happy holiday.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/etGhmwO_gt4/

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The Average Felon Is Getting Older

A new report on arrest data from the nation's 75 largest counties puts serious strain on the old adage that age brings wisdom.

Source: http://blogs.wsj.com/law/2013/12/20/the-average-felon-is-getting-older/?mod=WSJBlog

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Russia drops first case against Greenpeace activists

[JURIST] Greenpeace International [advocacy website] announced on Tuesday that Russian authorities dropped criminal charges against the first of 30 people accused of taking part in a Greenpeace protest in the Arctic. The 30 jailed activists were accused of hooliganism after they staged a protest on an Arctic oil rig in September. Their release [BBC report] follows the passage of sweeping amnesty laws [414081-6, 414076-6, 414060-6, 414142-6, texts, PDF, in Russian] last week that are expected to bring the release of...

Source: http://jurist.org/paperchase/2013/12/Russia-drops-first-case-against-Greenpeace-activists.php

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Back to Private Practice for New York City’s Top Attorney

For more than a decade, Michael A. Cardozo managed one of the largest teams of lawyers in New York City. As the city's corporation counsel, he dealt with a relentless flow of litigation in a city that gets sued an average of 200 times a week.

Source: http://blogs.wsj.com/law/2013/12/20/back-to-private-practice-for-new-york-citys-top-attorney/?mod=WSJBlog

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HRW calls on Ukraine authorities to end intimidation tactics

[JURIST] Human Rights Watch (HRW) [advocacy website], in a letter [text] sent on Friday, called on Ukrainian authorities to end intimidation tactics against those allegedly the victim of police violence. The letter detailed concerns surrounding the treatment of two groups of protesters. The groups were protesting on November 30 at Independence Square and December 1 on Bankova Street to protest President Viktor Yanukovich's [official website; BBC profile] decision to abandon the EU-Ukraine Association Agreement [EU backgrounder]. Both groups of protesters...

Source: http://jurist.org/paperchase/2013/12/hrw-calls-on-ukraine-authorities-to-end-intimidation-tactics.php

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Civility as an Art Form in Diplomacy and the Law

Civility is a skill in the management of differences, disagreements and conflict and is good for the law profession. So how essential is civility to the legal profession? And is it practiced well by lawyers? Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join Dick A. Semerdjian from the firm Schwartz Semerdjian Ballard & Cauley LLP and chair of the ABA Tort Trial and Insurance Practice Section (TIPS), to discuss the status of civility in the legal profession.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/09/civility-as-an-art-form-in-diplomacy-and-the-law/

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The Home Office: Setting it Up, Making it Work, and Managing Work/Life Demands

Office space is becoming less common as lawyers and entrepreneurs experiment with communal work spaces and home offices. “It comes down to time, money, and family,” Kelli Proia, aka the Stay@Home Attorney, said. When she began her practice, she was working part time and raising a family, and renting office space wasn’t practical. Now that she has mastered the ways of a stay at home attorney, she works from home full time.

Proia spent her first eight years out of law school working as in-house intellectual property counsel at high-tech companies. When her daughter was born, she left the office ready to be a full-time mom. Missing her career, while enjoying every moment with her newborn, she set out to launch a part-time practice in 2009 from home. Now, she is working from home full time helping high-tech companies understand their intellectual property assets through IP management programs and eating dinner with her family almost every night.

Legal Toolkit host Heidi Alexander chats with Proia on how to set up a home office, tips on how to be productive, and how to take full advantage of the benefits of working from home.

Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2013/09/the-home-office-setting-it-up-making-it-work-and-managing-work-life-demands

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Tuesday, December 24, 2013

The Controversial War on Drugs

Back in 1971, Richard Nixon declared a "war on drugs" claiming "America’s Public Enemy No. 1 in the United States is drug abuse". Forty years later, we are still waging a war against drugs. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams join Ethan Nadelmann, founder and executive director of the Drug Policy Alliance and Judge Jim Gray, author of Why Our Drug Laws Have Failed and What We Can Do About It, as they spotlight the controversial war on drugs including: the legalization of Marijuana, the rise in prescription drug use, sentencing reform and what needs to happen legally to eliminate this growing problem.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/the-controversial-war-on-drugs/

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INSIDE WASHINGTON

Our annual report on law firms and lobbying shops in the nation's capital.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202621243805&rss=rss_nlj

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Key changes to Patent Law

Back on September 16, 2011, President Obama signed the America Invents Act (AIA) into law, vastly changing the core of the patent system and patent law. Now, a year later, some of the key provisions are going into effect. Lawyer2Lawyer host Bob Ambrogi talks with Attorney Matthew I. Kreeger, the Co-Chair of Morrison Foerster’s Patent Interferences Practice Group and Dennis Crouch, Associate Professor of Law at the University of Missouri School of Law and editor of Patently-O, about the implementation of some of the most important provisions of the America Invents Act and their impact.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/09/key-changes-to-patent-law/

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What Could You Possibly Do With A Motorized Grocery Cart?

motorized grocery cart

Motorized grocery carts are very useful for certain folks while doing their shopping. But outside of a grocery store, what would anyone use it for? The police may have asked Mr. Wedding that question, among many others. Per wdrb.com (Louisville, Kentucky):

According to an arrest report, an officer saw 19-year-old Anthony S. Wedding driving the [motorized] grocery cart on the sidewalk near the corner of New Cut Rd. and 3rd St. Rd., just before 3 a.m. Wednesday.

Police say the officer stopped Wedding to talk to him, and Wedding allegedly told the officer that the nearby Kroger said he could drive the motorized cart home.

“Sure, Mr. Wedding, take the cart for as long as you need it. Oh, and the groceries are free today. So take them too.”

The officer contacted representatives of Kroger, who denied giving Wedding permission to take the cart and accused him of stealing it, according to the arrest report.

Why, you might wonder, did Mr. Wedding do it?

Wedding allegedly smelled strongly of alcohol, had bloodshot eyes and slow speech. Police say he admitted to drinking half a pint of alcohol earlier in the day.

Big shocker there.  What were the charges?

Wedding was charged with theft by unlawful taking, alcohol intoxication in a public place and giving an officer a false name or address, according to the arrest report.

Dude is damn lucky he didn’t get a drunk driving charge too. Seriously. Regular Juice readers know this has happened when drunk folks have “driven” similar vehicles. Here’s the source, including Mr. Wedding’s mug shot.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/X1OpLEExiZ8/possibly-motorized-grocery-cart.html

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The Only Constant is Change: FRCP Amendment Updates and Departures from the Zubulake Gold Standard

The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins Henry Kelston, Senior Counsel at the law firm of Milberg LLP, to discuss the current work of the Sedona Conference on ediscovery and its significant impact of the Federal Rules of Civil Procedure. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, examines the recent departures in case law from the notable Zubulake standard.

Source: http://legaltalknetwork.com/podcasts/esi-report/2012/10/the-only-constant-is-change-frcp-amendment-updates-and-departures-from-the-zubulake-gold-standard/

business law

Workers’ Compensation for Harbor Workers and Longshoremen

Before The Longshore and Harbor Workers’ Compensation Act, policy covered those working on land and those working within navigable waters, and neglected worker’s on the harbor. This left harbor workers with nowhere to turn but litigation when they were injured on the job. On this edition of Worker’s Comp Matters your host Attorney Alan Pierce has invited Steven M. Birnbaum to discuss The Longshore and Harbor Workers’ Compensation Act, The Defense Base Act, and coverage for workers’ on the harbor.

Steven M. Birnbaum, Esq. started his private practice in 1983 specializing in workers’ compensation under The Longshore and Harbor Worker’s Compensation Act and the California Labor Code. He is a certified specialist in workers’ compensation by State Bar of California and a certified specialist in Admiralty and Maritime Law by State Bar of California. Birnbaum is a frequent lecturer on the topic of worker’s compensation and The Longshore and Harbor Workers’ Compensation Act.
Listen to the interview as two worker’s compensation specialists discuss coverage for those working on and along the water.

Source: http://legaltalknetwork.com/podcasts/workers-comp-matters/2013/05/workers-compensation-for-harbor-workers-and-longshoremen

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G-Harmony: Motorola Mobility's Law Department Embraces Google Culture

Last year, Google bought Motorola Mobility for $12.5 billion. As usually happens in such a merger, the law department went though a significant re-organization. Of the law department's 250 people, 150 departed post-merger — some to Google headquarters in Mountain View, Calif., others left the company. The MM law department took Google's instructions to better use technology to heart, and not only "ate the dog food," (i.e., used Google technology) but became a "skunkworks" operation — actually developing new technology tools and apps to help the legal team streamline processes and deliver faster, better, cheaper, and transparent legal services.

Law Technology Now host Monica Bay, an attorney and editor-in-chief of ALM’s Law Technology News, interviews David Kenzer, Motorola’s vice president of law, and Elizabeth Jaworksi, director of legal operations, about how the MM law department embraced Google's culture.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2013/08/g-harmony-motorola-mobilitys-law-department-embraces-google-culture

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UN urges international support for Philippines

[JURIST] UN Secretary-General Ban Ki-moon [official profile] on Sunday urged [press release] the international community to provide more support for central Philippine communities devastated by powerful typhoon Haiyan last month. The rebuilding effort is based on a four-year plan, which amounts to about $ 8.17 billion, will restore the affected areas. The typhoon killed about 6,000 and displaced millions of local citizens. UN and its partners have also launched a one-year Strategic Response Plan for nearly $800 million that is...

Source: http://jurist.org/paperchase/2013/12/un-urges-international-support-for-philippines.php

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Monday, December 23, 2013

Federal Court Strikes Down Utah's Gay Marriage Ban

U.S. District Judge Robert J. Shelby ruled that the state's 2004 ban on same-sex marriage violates the 14th Amendment's due process clause.

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Source: http://www.npr.org/blogs/thetwo-way/2013/12/20/255855639/federal-court-strikes-down-utahs-gay-marriage-ban?ft=1&f=1070

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Starting Your Own Bankruptcy Practice

Did you ever think of starting your own bankruptcy practice? New Solo host and solo practitioner, Attorney Kyle R. Guelcher chats with Attorney Christina M. Turgeon, about some of the pros and cons of opening a bankruptcy practice, professional organizations a new lawyer should join when starting a bankruptcy law practice and important resources that would assist a new bankruptcy law practitioner.

Source: http://legaltalknetwork.com/podcasts/new-solo/2012/10/starting-your-own-bankruptcy-practice/

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Pharma sales reps are FLSA exempt as outside salesmen (5-4)

This morning the US Supreme Court decided - on a 5-4 vote - that pharmaceutical sales representatives are "outside salesmen" and therefore exempt from overtime under the Fair Labor Standards Act. The Court also unanimously held that the Department of Labor's recently-announced contrary interpretation was entitled to exactly zero deference.

Christopher v. SmithKline Beacham (US Supreme Ct 06/18/2012)

Christopher, a pharmaceutical sales representative, sued the employer for violation of the Fair Labor Standards Act (FLSA) alleging failure to pay overtime. The trial court granted the employer's motion for summary judgment and denied Christopher's motion to amend the judgment based on the trial court's failure to consider an amicus brief filed by the Secretary of the Department of Labor (DOL). The 9th Circuit affirmed. The US Supreme Court affirmed (5-4).

The job of a pharmaceutical sales representative is to try to persuade physicians to write prescriptions for products in appropriate cases. For over 70 years DOL acquiesced in an interpretation that they were "outside salesmen" who are exempt from FLSA overtime requirements. In amicus briefs filed in Circuit courts DOL took the position that a "sale" requires a "consummated transaction." In Supreme Court briefing DOL's position was that there is no "sale" unless the employee "actually transfers title."

The Court said that the DOL's new interpretation is entitled to no deference at all because it would impose massive liability for conduct that occurred before the interpretation was announced, there had been no enforcement actions suggesting the industry was acting unlawfully, DOL gave no opportunity for public comment, and the interpretation is "flatly inconsistent" with the FLSA.

The FLSA definition of "sale" includes consignments, which do not involve a transfer of title. Although DOL regulations say that sales include the transfer of title, that does not mean a sale must include a transfer of title. The regulations also use the phrase "other disposition" which - in this unique regulatory environment - includes the work of pharmaceutical sales representatives. The representatives also bear all the exterior indicia of salesmen (average salaries exceeding $70,000, work that is difficult to standardize to a particular time frame, etc.)

The DISSENT reasoned that sales of drugs are made by pharmacists, not pharmaceutical sales representatives. The pharmaceutical sales representative neither make sales nor promote "their own sales." (The dissent agreed that the DOL's current views expressed in briefs are not entitled to any weight.)

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Source: http://www.lawmemo.com/blog/2012/06/pharma_sales_re.html

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The Globalization of Legal Technology

As business becomes more global, legal technology begins to adapt to support a worldwide lifestyle. Lawyers now have the opportunity to position themselves in front of an international audience and expand their reach. In this edition of Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss whether global considerations are morphing legal technology, apps to facilitate an international law firm, and how lawyers might benefit from adopting a global perspective on legal tech. The second half of the show will compare the Samsung Galaxy S4 and new iPhone 5s.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/11/the-globalization-of-legal-technology

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