A Yippie Legal Battle Echoes again - Case Study Example

?In NYPD spying, a Yippie legal battle echoes again November 17, http online.wsj.com/article/AP44e4f67f57dd4ba3acf36a9d615e749f.html?KEYWORDS=legal More than over 25 years ago, the Handschu rules were created after Barbara Handschu and others file a suit claiming that their exercise of free speech was violated when NY police were caught spying on Americans. She currently sees the Handschu rules being used to target Muslims after the 9/11 attacks. This was found through an Associated Press investigation. The NYPD created a program that monitored Muslim communities where the police tracked where they prayed and ate. The guidelines within the Handschu reports had not allowed police from beginning surveillance on people based on merely their religion or political beliefs. The police commissioner of the NYPD claims that every investigation will follow basic constitutional rules where the protection of civil liberties will be weighed against the protection of the city. This recent case speculates the tremendous issue that has arose from the September 11th attacks of racial profiling and limitation of civil rights in order to protect the country. The government may limit certain specific rights when there is a compelling government interest which will be subject to strict scrutiny. Therefore, the protection of the city of NY is indeed important in of itself; however, the NYPD has failed to prove that specific details have lead them to probable cause to profile Muslims. It is very dangerous to place suspicion on a group of people just because of their religious or political beliefs. This was previously done within US history such as the McCarthy reports and especially during WWI and WII. Legally, the NYPD has not fulfilled its burden especially since it acts as a government with its police power. Mortgage Scams in Weak Housing Market November 13, 2011 http://online.wsj.com/article/SB10001424052970204358004577028341848990920.html?KEYWORDS=law+ Scammers have become more clever in profiting from the weak economy when dealing with people who are losing money each day. Some fraudsters create documents to change loans. Others tell people that they are attorneys. They tend to take the homeowner’s money and then leave. Since January, the Mortgage Assistance Relief Services Rule has ban mortgage firms from receiving upfront payment for their services. However, attorneys are exempt and so scammers attempt to use the exception to profit. Some scammers even manipulate homeowners to sign a quit-claim deed, that creates a transfer of the home to the scammer. They promise the owners that they will be able to one day return to their home but never do. Short-sale frauds have also increased as well. Closing agents may not remit payoffs as part of a scam. This involves a property legal issue of quit-claim deeds being issued to those without an attorney present. It is extremely important for homeowners to consult with an experienced and certified attorney that will guide them in their ventures. Unfortunately, lawyers are now getting a bad reputation due to the actions of scammers. This case addressed the importance for individuals who do not practice law to consult with an attorney before transferring or signing any deeds. Quit-claim deeds are very permanent and are difficult to retract unless fraud is proved which in of itself is very difficult to do. Judges with Temperaments November 10, 2011 http://online.wsj.com/article/SB10001424052970204831304576594863642965704.html?KEYWORDS=legal Media outlets have continually portrayed the legal field as one filled with drama and comedy. “The Good Wife” recently highlighted the case of Roberta Kittleson who was a judge who seduced her law clerk and made sexual advances to lawyers while being very dominant within her courtroom to humiliate witnesses and litigants. Courtroom dramas are usually split up into the prosecution and defense with “The Good Wife” adding a third dimension of the judge who displays her own biases. Other shows have decided to highlight judges more so in order to reveal the corruption that goes behind closed doors. This reveals that cases may not be based entirely on their evidence but rather the biases and quirks of the judge allow certain elements of evidence come in. Ultimately, their decisions play a large factor in the outcome of the case and this is shown within recent nighttime shows in both drama and comedy. Although litigants are viewed as the individuals that do tons of research and work for their clients before cases go to trial, judges play just as important of a role, even in cases that are ruled by a trial jury. The words and actions of a judge during trial mold what litigants say and answer to the judge; therefore, the case becomes swayed by the judge’s biases. The role of a judge is placed as a mediator where both sides shall be given equal time to present their cases and a decision is ruled at the end. However, recent cases have shown judges that abuse their power and dominance in the courtroom by embarrassing litigants and witnesses. This is a troubling trend, especially since many of these cases involve serious matters. Addicted to Coke… And Suing Coca-Cola? November 3, 2011 http://blogs.wsj.com/law/2011/11/03/addicted-to-coke-and-suing-coca-cola/?KEYWORDS=legal Custody lawsuits have showed a rise in allegations that ex-spouses have abused their right of feeding their children with fatty foods. Ex-spouses are trying to prove within the courtroom that their children are not getting optimal health care which is proved in their child’s obesity. Medical research has shown that processed foods and drinks high in sugar content can produce addictions in children that are similar to those in drug addicts to cocaine and other drugs. Large-scale food distributors may have a class-action lawsuit coming their way. Food industry lobbyists find a hard time believing that food addictions exist. However, many are comparing this to the Tobacco Wars where people knew about the harms of cigarettes but did not know about the intentional manipulation of nicotine in the consumer market until later. Unfortunately, people try to sue for any and every reason they see fit. The question of standing arises here and whether the parents really do have standing. Each ex-spouse should be taking responsibility of their children. There is a Rule(12)(b) issue here on whether there is a cause of action in which relief may be granted. If the primary care giver wins, then it is difficult to decide what will be given as a reward by the judge. Full custody to one spouse may be the best option; however, it will be difficult to determine whether this will diminish the problem of the child’s obesity. It is very complicated to present in court that a person has caused a child’s obesity. There is an evidentiary issue on what may be presented in court to show negligence. It will be interesting to see whether cases such as these will bring about similar cases to those regarding cigarette smoking. Cyberattacks Roil Japan Government October 27, 2011 http://online.wsj.com/article/SB10001424052970203554104576654723050093918.html Japan’s computer security system is being put at question after a computer server at the lower house of Parliament was hacking into. Japanese embassies in other countries were also hacked into with virus attachments in emails that got into the servers of foreign ministries. With this recent attack, more pressure has been placed on the government to analyze and address the vulnerability to hackers. The Chief Cabinet Secretary of Japan has claimed that even though their systems were hacked into, closed network information that had classified material was not leaked. In August, Mitsubishi’s server leaked product and technology information when they found a virus. An official at the security center admitted that the computer-sharing of information must be controlled in order to protect valuable information. Cyberattacks and other legal issues involving technological advances have spread around the world. Copyright infringement and the protection of digital information has been a hot topic within the United States with the Digital Millennium Copyright Act. Other nations, such as Japan, have made tremendous advances with technology. Hackers are facing serious charges but finding how they hacked into the system is not the easiest when proving that they indeed committed the crime. Unfortunately, important confidential information is at stake and the Japanese government may be faced with hackers from other nations. Therefore, an international law viewpoint must be taken to protect other nations in a unified fight against hackers. Georgia Church Faces Suit October 20, 2011 http://online.wsj.com/article/SB10001424052970203752604576641491456671676.html?KEYWORDS=legal Church members of Birth Missionary Baptist Church in Georgia filed a civil class action lawsuit claiming that the church made a promise to them that there would be 20% annual returns on their investments. However, their money was used instead to a company that was failing. Seminars were hosted by the senior pastor where investors were recruited. Ten members claim that they have given more than $1 million to the church. They also claim that their religious relationship was abused by promising that their investments were safe and that there would be guaranteed results. One of the plaintiffs said she used her retirement savings and was given a promissory note for $122,000. Over nine-months, she was promised that there was be 20% interest when the note matured. This case brings a concern between church and state. There has been a commonly understood principle between the two that there is a separation of powers and that the two shall not intertwine. However, with other relatable notions with the molestation of children by priests, the legal system will need to become more involved to regulate the interests of the public. The woman stated in the above case will have a UCC issue, amongst others, especially since there was a promissory note granted. If the note had all the required language and signage, then she should not have any issue getting her money back plus the additional 20% that she was guaranteed. She was given a warranty that her investment would pay off. The law needs to get involved in order to prevent future cases occur where people’s money is at stake. This combined with devout religious beliefs creates a dangerous mixture with lifetime earnings at a loss. Samsung Aims to Dodge Sales Ban in Netherlands October 13, 2010 http://online.wsj.com/article/SB10001424052970203499704576626021484676148.html The Netherlands created a sales ban to prohibit Samsung Electronics from selling their products in the country to avoid Apple Inc. patents. Samsung is fighting back by stating that the technologies that Apple is claiming are violated may be alternated in order to avoid patent infringement. Samsung has previously filed four suits against Apply to ban the sales of Apple products because it claims that they violated its patents. This legal battle began in April in California, when Apple brought the first suit against Samsung, saying that Samsung copied their smartphones and tablets. The court in The Hague ruled against Samsung, stating that Samsung violated Apple’s patents. Samsung has fought back by trying to ban the sale of Apple products in France and Italy. This has been an ongoing battle with suit after suit. The main issue of patent infringement has been difficult to prove in this case since the creation of smartphones and tablets by both companies entered the market about the same time. With Apple dominating the market at 68%, the mere 6% of the market that Samsung holds seems to be extremely small. Unfortunately, Apple does have a huge impression in the technology world. Whether it is jealousy or truly valid suits, Apple and Samsung will continue to outweigh each other and it will be interesting to have a judge determine which company will prevail. Even if Samsung prevails, Apple will continue to have a greater impression on consumers and so, their sales will most likely not be affected by the pending lawsuit. Funeral Protesters May Be Headed Back to High Court October 6, 2010 http://blogs.wsj.com/law/2011/10/06/funeral-protesters-may-be-headed-back-to-high-court/?KEYWORDS=legal In March, the Supreme Court ruled that a Kansas-based group from the Westboro Baptist Church has the First Amendment right to obtain damages for emotional distress that arises from its picketing. A recent appeals court decision had no majority on the issue of whether the picketers can be restricted during funeral proceedings. The Supreme Court favored the church in the first suit; however, the Court has ruled that there may be reasonable restrictions on the time and place of the protesting. States have followed this ruling by restricting funeral picketing. The lower courts have now disagreed in a number of states and so, it will most likely reach the Supreme Court. A court in Westboro claimed that the interest of protecting funeral attendees will most likely outweigh the First Amendment right of freedom of speech. This case speculates the back and forth arguments of weighing the importance of the privacy of mourners and freedom of speech. In order for the government to limit a constitutional right, a compelling government interest needs to be applied. Here, the right of privacy to mourn is drastically important when compared to freedom of speech. Even though many believe that the First Amendment trumps, certain restrictions may be needed to allow protestors to express their speech but also to allow individuals to mourn in peace. This is a very fine line between state and federal law and will be interesting to see how the Supreme Court will rule if the case is transferred, which it most likely will be seen it involves a constitutional issue. Lessons of the Dutch Pot Experiment September 30, 2011 http://blogs.wsj.com/ideas-market/2011/09/30/lessons-of-the-dutch-pot-experiment/?KEYWORDS=legal The Netherlands has partial legalization of marijuana. A study has noted the legalization has not altered drug-use patterns. The country has tried to weaken the impact of the use of the drug by having laws to legalize it just like alcohol. They had hoped that this would move people away from using other drugs such as heroin and cocaine. Another study has also noted that the legalization has led to an increase in spending in social programs that addicts go to. However, there may be some change that the marijuana plays a role in this. In the Netherlands, marijuana costs only slightly less than in the US. Some individuals believe that the program in the Netherlands is not as radical as what others have believed it to be. The legalization of marijuana in the United States is a hot topic that raises many pros and cons. With this recent study in the Netherlands, the United States may find it comparable that if marijuana were to be legalized, then the drug usage of cannabis will be likely comparable to those addicted to alcohol. As in the Netherlands, the United States may actually raise funds with addicts going to numerous activities. The Commerce Clause also applies that states that Congress may invoke certain statutes that have to do with taxation and commerce that build revenue for the federal government. Therefore, Congress may be likely to touch on this topic in the coming years when more studies are done that the legalization and taxation of the selling of marijuana may provide for more revenue to be distributed amongst the states and raise the economic downfall. Transgender TV Show Judge Claims Government Discrimination September 23, 2011 http://blogs.wsj.com/chinarealtime/2011/09/23/transgender-tv-show-judge-claims-government-discrimination/?KEYWORDS=legal A transsexual judge on a Chinese TV talent contest was banned from being on the show. She claims that she is a citizen of China and obtain legal recognition for her status as a transgender individual 16 years ago. The news agency regulator denied to comment on why the decision was made. China’s broadcasting has continued to increase its censorship in other areas as well. A show called Super Girl, comparable to the United States’ American Idol, was cancelled because it went over the broadcasting time limit. The channel spokesman stated that instead of that program, other programs will be shown that “promote moral ethics and public safety and provide practical information for housework.” Chinese officials have also made visits to internet companies and social-networking operators concerning rumors about the government. An online site where the transgender judge wrote her messages stated that hit would “actively spread the core value system of socialism, the advanced culture of socialism and try resolutely to stop the spread of harmful false information.” This statement is normally used when describing information that the Chinese Communist Party does not approve of. The legal system is still adjusting on how to treat transgender individuals. In the United States, the legalization of gay marriage in certain states along with having similar rights to gay and transgender couples is still paving through many state cases. This issue, although not federal, has been only touched upon during the “Don’t Ask, Don’t Tell” policy. The Communist Party in China has always been known as the outlier regarding the rights that are given, or lack thereof, to its citizens. Due to the unequalization of people within China such as the woman addressed in this case, there may be an increase of immigration to the United States and other countries that will further other issues such as rights of immigrants. Courts Order Casey Anthony to Pay Almost $100K September 16, 2011 http://blogs.wsj.com/law/2011/09/16/courts-orders-casey-anthony-to-pay-almost-100k/?KEYWORDS=legal A judge in Florida ordered Casey Anthony to pay $97,000. The money will be given to Florida law enforcement agencies to cover the costs of the search for Caylee. Even though Anthony was not convicted of murder, she did lie to investigators which lengthened the course of the search. Prosecutors wanted her to pay $500,000 in damages, claiming that if she told the truth from the beginning, then the investigation would not have been needed. However, the defense made a stronger case stating that the search of Caylee went from a missing person to a homicide case. The judge honored the fact that he might increase the amount to $97,000 if the Florida law enforcement can prove that the investigation involved a greater expense. The legal field involves a lot of time and expense, especially in finding and collecting evidence in order to try an individual. This case has opened the door to many cases to allow courts to award damages to pay for the large amount of expenses involved in the trial. Because of her lie under oath, the case faced more of a workload for not only the attorneys but to the law enforcement officials as well. This ruling has created a solid precedent for future cases that involve non-guilty judgments but that involved a lot of time and money from law enforcement agencies. It is important to remember that many people are involved in a trial and therefore, their time and efforts should be paid for. NY state bill would boost controls on Vicodin September 7, 2011 http://online.wsj.com/article/AP5ffbdc2cc79a49b98aff7da34f0465c0.html?KEYWORDS=law+ A NY Senator is trying to increase controls over the main ingredient in Vicodin due to increasing abuse of the drug. Sen. Hannon wants to label hydrocodone, the main ingredient as a Schedule II drug instead of the now Schedule III label within the Controlled Substances Act. If the bill passes, the punishments would be increased for those possessing drugs with hydrocodone without a prescription. Patients who have the pill would need to visit a doctor more frequently since refills would not be given out. This action has arose from an upscale use of prescription drugs including oxycodone found in OxyContin. Oxycodone is currently labeled as a Schedule II drug due to its danger. State laws are normally very similar to federal laws regarding the possession of these drugs. The House of Representative is considering passing a similar law on a federal level. As of now, the possession of Vicodin without a doctor’s prescription there is no minimum punishment. If this law passed, a maximum of eight to twenty years of prison would be given to those in possession of more than 8 ounces. The abuse of narcotics and prescription drugs that mirror narcotics has been a longstanding issue in the United States. Although these restrictions are created by the state, federal laws normally create a path for how states will rule on these issues. There is a need for the legal labeling of these drugs to be heavily enforced. Not only do the abusers need to be punished but also the doctors that freely administer these drugs and abuse their rights. It is important to note that there are certain needs of individuals to use these drugs on a daily basis. This is comparable to the effort in the attempts to legalize marijuana. However, prescription drugs appear to be taken more seriously with less leeway since they contribute to a high volume in deaths when compared to marijuana. Read More