July 23, 2016

Teens Use Drone To Catch Boat Thieves | Ubergizmo



So in the past we have seen how some thieves have been caught with stolen electronics by tracking the device using features like Find My iPhone/iPad and so on. Recently it seems that a group of teenagers successfully managed to foil an attempt to steal a boat using a DJI Phantom drone.

July 21, 2016

State v. Newcomb | Animal Legal & Historical Center

Summary: In this case, the Supreme Court of Oregon reviewed a case in which defendant accused the State of violating her constitutional rights by taking a blood sample of her dog without a warrant to do so. Ultimately, the court held that the defendant did not have a protected privacy interest in the dog's blood and therefore the state did not violate defendant's constitutional rights. Defendant's dog, Juno, was seized by the Humane Society after a worker made a visit to plaintiff's home and had probable cause to believe that Juno was emaciated from not receiving food from plaintiff. After Juno was seized and taken into custody for care, the veterinarian took a blood sample from Juno to confirm that there was no other medical reason as to why Juno was emaciated. Defendant argued that this blood test was a violation of her constitutional rights because the veterinarian did not have a warrant to perform the test. The court dismissed this argument and held that once Juno was taken into custody, defendant had "lost her rights of dominion and control over Juno, at least on a temporary basis." Finally, the court held that because Juno was lawfully seized and Juno's blood was "not 'information' that defendant placed in Juno for safekeeping or to conceal from view," defendant's constitutional rights had not been violated. 

In reaching that conclusion, the Court recognized that animals "are sentient beings capable of experiencing pain stress and fear" and that it indeed made a legal difference that the property seized was a living thing.
Documents: PDF icon State v Newcomb 2016.pdf (135.69 KB)

July 20, 2016

Free Windows 10 App Is Now Counting Down Days Till Deadline-Ubergizmo.com



Microsoft released an app called Get Windows 10 last year which pretty much does what the name suggests. It lets people reserve their free upgrade to Windows 10 as long as they're running Windows 8.1 or Windows 7. The free upgrade offer is going to expire by the end of this month and it appears that the Get Windows 10 app now has a countdown timer which is counting down the days until the deadline, after which all updates to Windows 10 will have to be purchased.

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(You)... might not want to miss out on this because if the deadline passes ... will have to pay $119 for Windows 10 Home if ... decided to move up.




Texas NAACP v. Steen (consolidated with Veasey v. Abbott) | Brennan Center for Justice



In 2011, the Texas legislature passed SB 14, the strictest photo ID law in the nation. For example, the law requires voters to present photo identification from a very limited list before being allowed to vote. A Texas concealed handgun license is acceptable, but an ID from a public university or a tribal identification card is not.

After a long procedural history, described in detail below, on July 20, 2016, the full 5th Circuit Court of Appeals issued a decision finding that SB 14 has a racially discriminatory effect in violation of Section 2 of the Voting Rights Act, because the law disproportionately diminishes African Americans' and Latinos' ability to participate in the political process. The appellate court sent the case back to the district court to craft a rule for the November 2016 election that will remedy SB 14's discriminatory results. The appellate court also reversed and remanded the district court's discriminatory intent finding for further review and vacated the district court's findings on plaintiffs' poll tax and right to vote claims.

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Read entire article and scroll down for all original documents at all levels of the case...briefs, etc..



July 19, 2016

Sidebar_160719-NYSBA


NOTICE
We received a report of a member getting an unauthorized phone solicitation offering six months' free New York State Bar Association membership. Please be advised that the Association is not engaged in telephone solicitations at this time. Although this is likely an isolated incident, if you receive such a call, do not share any personal information, and please let us know immediately by calling our Member Resource Center at 800.582.2452.

July 18, 2016

The Showman - The New Yorker



 Jeffrey Toobin's May 9 article in The New Yorker, appropriately called, "The Showman," about United States Attorney for the Southern District of New York Preet Bharara's infatuation with and misuse of the media.

JURIST - When Prosecutors Parade, Criminal Justice Becomes a Circus



JURIST Guest Columnists Stephen Cooper and Donnie W. Bethel discuss the effect of the behavior of Prosecutors who parade their cases to the media has on the Criminal Justice system...

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Prosecutors routinely call conferences to vet prosecution evidence under the glow of the media's klieg lights--as occurred in the much-publicized Brendan Dassey and Steven Avery case in Netflix's Making A Murderer--tainting the jury pool and infringing on Avery and Dassey's constitutional right to a fair trial (as ably reported upon earlier this year in John Ferak's column, "Legal experts blast Avery prosecutor's conduct.")

The same questionable litigation tactics, dressed up in federal garb, are on full display in Jeffrey Toobin's May 9 article in The New Yorker, appropriately called, "The Showman," about United States Attorney for the Southern District of New York Preet Bharara's infatuation with and misuse of the media.

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Read more here.



July 15, 2016

Tax Breaks for the Military


IRS Summertime Tax Tip 2016-06, July 15, 2016

If you are in the U. S. Armed Forces, there are special tax breaks for you. For example, some types of pay are not taxable. Certain rules apply to deductions or credits that you may be able to claim that can lower your tax. In some cases, you may get more time to file your tax return. You may also get more time to pay your income tax. Click Here for some tips to keep in mind.


July 11, 2016

Federal Student Loan Discharge Procedures Expand-Empire Justice Center



Advocates will recall that in 2012, the Department of Education amended its regulations governing discharge of federal student loans based on total and permanent disability.  See the December edition of the Disability Law News, http://www.empirejustice.org/issue-areas/disability-benefits/non-disability-issues/misc/federal-student-loan.html#.V3QEscv6vIU.  But not all disabled borrowers were aware of or able to take advantage these provisions. 

As part of the March 2015 Presidential Student Aid Bill of Rights Memorandum, President Obama required the Secretary of Education and the Director of the Office of Management and Budget, in consultation with the Commissioner of Social Security, to develop a plan to identify federal student loan borrowers who receive Social Security Disability Insurance (SSDI) and determine which beneficiaries qualify for a total and permanent disability discharge of their student loans.  In April, the Department of Education announced it will begin contacting borrowers identified by this match to inform them of the loan cancellation process. 

Of the people the Department identified, over 100,000 of those borrowers have been certified for the Treasury Offset Program, meaning that they are at risk of losing federal tax refunds, and of  having a portion of their Social Security benefits taken.  While the new matching program is intended to help SSDI recipients apply for this relief, it will not automatically stop those offsets from occurring.  Borrowers still need to apply for relief.  A Department of Education website includes information on how to get a "total and permanent disability" discharge of federal student loan debt.  There is also an online application.  http://www.disabilitydischarge.com/Application-Process/. 

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July 10, 2016

Pokemon Go Is Getting So Big That Police Are Getting Involved-Ubergizmo.com

By on 07/08/2016 18:16 PDT

Back in the day, catching Pokemon basically involved gamers playing on their Game Boy or Nintendo DS consoles where they could stay in the comfort of their own home and battle other Pokemon trainers, explore the land, and capture Pokemon. Now with Pokemon Go, it takes gamers into the real world where they will be able to find Pokemon wherever they go.

It's a unique idea that really does a great job of leveraging augmented reality tech, but it has also led to problems which forced police in Australia to release a warning to gamers to be careful when playing the game in real life. Now it seems that the game has gotten so big that over in Australia, police have gotten involved in an upcoming Pokemon Go gather.

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Read More.

July 9, 2016

Life of the Law




"Law is alive," the authors of Life of the Law
declare. "It doesn't live in books and words. It
thrives on our streets, in our schools, in our
courtrooms, and in our lives." Written and produced
by a team of journalists and scholars, Life of the
Law is a regular 30-minute podcast dedicated to
examining legal news and history in a manner that
enables everyone - not just trained legal scholars -
to understand the significance and nuances of these
developments. Recent episodes have covered the
impact of new French anti-terrorist policies on
French citizens, the history of forced-sterilization
laws and the question of modern-day reparations to
survivors, and an examination of the jury selection
process. On its website, users can browse through
past podcasts (currently there are 85) and either
listen online or download full PDF transcripts.
Interested listeners can subscribe to this podcast
on iTunes as well. 


Copyright © 2016 Internet Scout Research Group - http://scout.wisc.edu


July 6, 2016

Gretchen Carlson's Lawsuit Against Roger Ailes


Gretchen Carlson's Lawsuit Against Roger Ailes

Ms. Carlson, the Fox anchor, says that Roger Ailes, the chairman of Fox News, fired her from the network after she refused his sexual advances.

Contributed by: News Documents, The New York Times



The Ultimate PC Bundle Ft. Scrivener & CCleaner Pro | Gizmag Store



Boost your productivity on your PC with 8 apps that will target specific areas of your workflow, and make them better. From Internet surfing, to backing up your files, to photo editing, to website creating, everything you do on your PC will be done with the highest level of efficiency.Read more

Division of Human Rights Adopts Regulation Prohibiting Discrimination Based on Relationship or Association - New York Labor And Employment Law Report

By Alyssa Campbell on 
Posted in Employment Discrimination, New York Law

On May 18, the New York State Division of Human Rights adopted a new regulation prohibiting employment discrimination based on an individual's relationship or association with a member of a protected category covered by the New York Human Rights Law.  The proposed rule was published in the State Register on March 9.  The agency did not receive any public comments regarding the proposed rule, and adopted the rule without making any changes.

According to the Division, the purpose of the new regulation is to confirm long-standing precedent supporting anti-discrimination protection for individuals based on their relationship or association with members of a protected class.  The new regulation applies to employment discrimination and all other types of discrimination protected under the New York Human Rights Law, including housing, public accommodations, access to educational institutions, and credit.  In order to prove a claim of employment discrimination in this context, an individual must prove that he or she was subjected to an adverse employment action based on the individual's known relationship or association with a member of a protected class.

Read more...

July 3, 2016

How to Jump Ship From Evernote and Take Your Data With You-lifehacker



Earlier this week, Evernote announced its subscriptions are getting more expensive and free users are now limited to just two devices. For the scores of existing users, that little restriction and that price increase are a big pain. Thankfully, you have other options.

Before you jump ship from Evernote, you'll want to pick which new tool for managing your notes and clippings is best for you. You have a few solid options here: The most obvious choice for most people is Microsoft's OneNote, which goes toe-to-toe with Evernote in most features. If you're a dedicated Apple user totally inside their ecosystem, Apple Notes is a surprisingly robust option. Alternately, you can go a completely different direction with something like plain text if you don't use Evernote's fancy features, or Google Drive if you're looking to dump a lot of long-form notes in a searchable format.

Click here to read entire article.




July 2, 2016

Family Sues After Disabled Teen Beaten Bloody at Memphis Airport


A partially paralyzed teenager who was returning home after being treated for a brain tumor was reportedly beaten bloody by airport security, then led out of the Memphis International Airport in handcuffs.  

According to a lawsuit filed by her family against the Transportation Security Administration, the Memphis-Shelby County Airport Authority, and Memphis airport police on 28 June 2016, 19-year-old Hannah Cohen was headed back to Chattanooga after visiting St. Jude Hospital for treatment in June 2015...

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11. More particularly, the Plaintiff, Hannah Cohen, has damage from radiation and removal of a brain tumor that substantially limits her ability to speak, walk, stand, see, hear, care for herself, learn and work, think, concentrate, and interact with others.

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Read the ADA complaint here.


Refugee Law and Policy In Selected Countries | beSpacific



Refugee Law and Policy In Selected Countries, The Library of Congress Global Legal Research Center. March 2016.

"This report describes the law and policy on refugees and other asylum seekers in twenty-two geographically dispersed countries and, at the supranational level, in the European Union (EU). The individual surveys cover such topics as participation in relevant international conventions; laws and regulations governing the admission of refugees and handling refugee claims; processes for handling refugees arriving at the border; procedures for evaluating whether an applicant is entitled to refugee status; the accommodations and assistance provided to refugees in the jurisdiction; requirements for naturalization; and whether asylum policy has been affected by international emergencies, such as the current refugee crisis in Europe. A bibliography of selected relevant English-language materials from recent years is included."



July 1, 2016

Judges Love Tech in the Courtroom, Even When They Don't Use It - Technologist


The impact of technology on legal practice isn't just felt in eDiscoveryincriminating selfies, or AI junior associates -- it's also playing out in courtrooms. 


Tech's impact in the courtroom ranges from cutting edge, still hypothetical applications like virtual reality crime scenes, to everyday uses like electronic filing and electronically displayed evidence.


But how are judges, often considered tech-averse, responding to these changes? They love them, according to a recent survey by the New York City Bar Association, but they also don't always use tech to its fullest potential.


















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Changes to Evernote's Pricing Plans - Evernote Blog



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Beginning today  (June 28, 2016), the prices for our Plus and Premium tiers will change for new subscriptions, and access from Evernote Basic accounts will be limited to two devices. Current subscribers and Basic users who are using more than two devices will have some time to adjust before the changes take effect. If you are impacted, look for a message from us in the coming days.

For more information about these changes, See our FAQ »

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Get complete information on the Evernote price increase.



June 30, 2016

Everything you need to know about the new Apple File System-cultofmac.com



BY  • 

It's hard to believe that Apple's speedy Macs are still using a file system that was developed more than 30 years ago, when floppy disks and spinning hard drives were considered cutting-edge technology.

But that's going to change in 2017 with the new Apple File System, or APFS. Here's everything you need to know about APFS and how it's going to make your life better, no matter what Apple device(s) you use.