November 2017 Archives

Regulation and the Local Food Movement | The Regulatory Review

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The local food movement has been booming over the last several years. The number of farmers' markets across the country has nearly doubled in the last decade, and a recent Pew Research Center poll found that a majority of people in the United States had bought locally grown produce in the previous month. The enormous interest in eating locally has even led to the coinage of a new word: locavore.

Local food production and consumption offer a variety of benefits, which two legal scholars, Patricia Salkin and Amy Lavine, discuss in a recent paper. Because of these purported benefits, Salkin and Lavine argue that local and state governments should follow the example of some of their peers and update their zoning and land use regulations to encourage more local food production.

Salkin and Lavine tout the advantages of "foodsheds"--geographic areas surrounding urban areas that can provide some of the food that city-dwellers consume. For instance, Salkin and Lavine point to potential environmental benefits: Small farms may use fewer chemicals and produce less waste than large industrial farms. And it requires much less fuel to transport produce to a nearby city than it does to transport produce across the country.

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Posted by Nicole Pallotta, Academic Outreach Manager on November 17, 2017


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Soon after, Governor Andrew M. Cuomo signed New York's SB 2098B, also known as the "Elephant Protection Act," into law on October 19, 2017. It amends the state's Agriculture and Markets Law and its Environmental Conservation Law to prohibit the use of elephants in entertainment acts. The New York law does not specifying "traveling" acts but expressly exempts accredited zoos and aquariums. It takes effect in two years.  In contrast to the Illinois law, which makes violation a Class A misdemeanor, the New York law provides a civil penalty of up to $1,000 for each violation because offenses against animals are not part of New York's Penal Code.

The legislation was drafted by undergraduate students in Pace University's Environmental Policy Clinic, who also lobbied for its passage and collected student signatures in support of the bill. Several New York chapters of the Student Animal Legal Defense Fund submitted letters in support of the bill to Governor Cuomo over the summer.

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Depression and the Legal Profession - Jim Calloway's Law Practice Tips Blog

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Jim Calloway:

Did you know that students entering law school have same rate of depression as the general population (approximately 7%), but by the time they finish their first year of law school 34% experience depression? This statistic is from a new book from the ABA, The Full Weight of the Law: How Legal Professionals Can Recognize and Rebound from Depression.

I'm no expert, but that statistic indicates something is wrong. It is well documented that lawyers suffer from depression and problems related to stress and depression at rates greater than the general public.



Ciao, Chrome: Firefox Quantum Is The Browser Built for 2017 | WIRED

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IT'S BEEN YEARS since I gave a second thought to my web browser. Safari's fine, Microsoft Edge is whatever, I think Opera still exists? None have ever offered much reason to switch away from Chrome, Google's fast, simple web tool. I'm not the only one who feels this way, either: Chrome commands nearly 60 percent of the browser market, and is more than four times as popular as the second-place finisher, Firefox. Chrome won the browser wars.

So my expectations for Firefox Quantum, the new browser from Mozilla, were not particularly high.

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By  - Bloomberg

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As the U.S. prison population has surged over the decades, the legal profession's distaste for former inmates has become more conspicuous.

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Roughly 70 million people in the U.S. are estimated to have a criminal record of some kind, and nearly 700,000 are released from incarceration annually, according to the National Employment Law Project. More than 60 percent of formerly incarcerated people are unemployed a year after their release, according to the Sentencing Project, and those who do find work take home 40 percent a year less than those who haven't served time.

Nationwide, 150 cities and counties have adopted laws that prohibit employers from asking job applicants about their criminal histories, as part of the "ban the box"movement.

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A federal judge issued an injunction to permanently block President Trump's executive order to deny funding to cities that refused to cooperate with federal immigration officials, after finding the order unconstitutional.

The ruling by District Judge William H. Orrick in San Francisco comes in response to a lawsuit filed by the city of San Francisco and nearby Santa Clara County and follows a temporary halt on the order that the judge issued in April.

Orrick, in his summary of the case Monday, found that the Trump administration's efforts to move local officials to cooperate with its efforts to deport undocumented immigrants violated the separation of powers doctrine as well as the Fifth and Tenth amendments.

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Dementia Science and the Law | Live & Webcast

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This timely program will address the fragility of the human brain and how and by whom capacity determinations are made for and/or on behalf of the millions of adult Americans who have diminished mental capacity, including the estimated five million Americans who have been diagnosed with Alzheimer's diseases.  Special emphasis will be placed on the tensions between lawyers and healthcare professionals as to how, where, and by whom such capacity determinations should be made.

Sponsored by the Committee on Continuing Legal Education and Elder Law and Special Needs, Health Law and Senior Lawyers Sections

Thursday, December, 14, 2017

8:30 A.M. - 1:00 P.M.

Live CLE Program & Webcast

The Core Club
66 East 55th Street
New York, NY 10022

4.5 MCLE Credits | 3.5 Professional Practice | 1.0 Ethics

NYSBA Member Price: $135 | Non-member: $235

Co-Sponsoring Section Member: $110

www.nysba.org/DementiaCLE



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Kathleen Plog
New York State Bar Association
kplog@nysba.org (518) 487-5681
Albany, NY

Trump Administration Orders Large-Scale Immigration Raids--for DUIs - Rewire

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Since November 4, ICE has apprehended 25 undocumented immigrants in Long Island, New York, as part of the immigration enforcement sting "Operation Secure Streets." Twenty-four were targeted because of a DUI-related conviction, according to ICE"This operation targeted those who were convicted of driving under the influence, some with children in the car, solidifying ICE's commitment to remove public safety threats from our communities," said Thomas R. Decker, an ICE field office director. 

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Convicted former Subway pitchman has sovereign citizen approach rejected

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A federal judge in Indianapolis has rejected a sovereign citizen argument made by convicted former Subway pitchman Jared Fogle.

U.S. District Judge Tanya Walton Pratt said Fogle's pro se filing was frivolous and she was rejecting his "motion to correct clear error." The Indiana Lawyer, the Indianapolis Star and the Washington Post have stories on Pratt's Nov. 8 order(PDF).


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Women Lawyers: Slowly Chipping Away At The Glass Ceiling | Above the Law

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By 

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Employment discrimination and sexual harassment allegations have been making headlines for weeks now, and it's about time. These are systemic issues that need to be addressed, a task that is far easier said than done. But the recent slew of allegations are just a start. Shedding light on the pervasiveness of the problem is the first step toward eradicating it.

Not surprisingly, the legal profession is not immune from gender discrimination and women lawyers often encounter it on the job. That women lawyers encounter discrimination is not surprising to me and shouldn't be to anyone else. Nearly every woman attorney I've spoken to has faced gender discrimination at various stages of her legal career.

What is surprising, however, is the spate of class-action lawsuits alleging gender discrimination that have been filed against large law firms in recent years. After learning of the latest lawsuit, I wondered: why now?

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A New Phone Comes Out. Yours Slows Down. A Conspiracy? No. - The New York Times

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The phenomenon of perceived slowdowns is so widespread that many believe tech companies intentionally cripple smartphones and computers to ensure that people buy new ones every few years. Conspiracy theorists call it planned obsolescence.

That's a myth. While slowdowns happen, they take place for a far less nefarious reason. That reason is a software upgrade.

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Did you know that New York provides care to veterans and their dependents needing skilled nursing care and rehabilitative services?

The state has five nursing homes located in Batavia, Montrose, Oxford, Saint Albans, Stony Brook and Queens.

Effective Oct. 1, 2017, honorably discharged veterans are entitled to a daily stipend of $107.16 for care at one of the state's nursing homes. Veterans who are 70% or more service connected disabled can receive care at no cost. These facilities also accept Gold Star parents.

For information, call the NYS Division of Veterans' Affairs at 1-888-838-7697 or visit their website.


Animal Legal & Historical Center--November News

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 California becomes the first state to enact a ban on the sale of non-rescue pets at pet stores. AB 485 was signed into law by Gov. Jerry Brown on Friday, October 13th. The law goes into effect on January 1, 2019 and prohibits a pet store operator from selling a cat, dog, or rabbit in a retail pet store unless it was obtained from a public animal control agency or shelter or rescue group. It also requires each pet store to maintain records sufficient to document the source of each dog, cat, or rabbit the pet store sells for at least one year, and to post, in a conspicuous location on the cage or enclosure, a sign listing the name of the entity from which each animal was obtained. Violators of any provision are subject to a $500 civil penalty. 

Read the new law: https://www.animallaw.info/policy/assembly-bill-no-485.

More November News from the Michigan State Animal Legal & Historical Center...

The Marshall Project

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The Marshall Project is a nonpartisan, nonprofit news organization that seeks to create and sustain a sense of national urgency about the U.S. criminal justice system. We achieve this through award-winning journalism, partnerships with other news outlets and public forums. In all of our work we strive to educate and enlarge the audience of people who care about the state of criminal justice.


The Marshall Project, a nonprofit news organization covering the U.S. criminal justice system. Sign up for their newsletter, or follow The Marshall Project on Facebook or Twitter.

New York Courts Say: Hand It Over | The Marshall Project

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By BETH SCHWARTZAPFEL

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The link between wrongful convictions and Brady violations prompted the New York court system to release a new rule this week. Beginning in January, judges will issue an order reminding prosecutors of their obligation to turn over "information favorable to the defense." Some judges already routinely issue such orders, but this will require all judges to do so in every criminal case.

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By 
  • Allison C. Shields

The New York State Bar Association Committee on Professional Ethics issued three opinions within the past several months that provide guidance for New York lawyers on marketing issues. Opinion 1129, issued in July 2017, addresses attorney newsletters. Opinion 1131, covering payment for marketing or lead generation fees, and Opinion 1132, discussing the use of Avvo Legal Services, were both issued on August 8, 2017.

Read more:  http://www.legaleaseconsulting.com/legal_ease_blog/2017/10/3-new-ethics-opinions-guide-new-york-lawyers-on-marketing-issues.html#ixzz4yFygp3TC



The Apple Product Cheat Sheet for Lawyers - Legal Talk Network

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68-73% of lawyers use iPhones and those aren't the only Apple products pervading the legal industry. The use of iPads for law has also become more and more common. In this episode of The Digital Edge, hosts Sharon Nelson and Jim Calloway talk to Brett Burney about the latest Apple products and how they can serve lawyers. From face ID to the benefits of iOS 11, they share which Apple tools will save lawyers time and effort in their business. They also discuss the top apps that attorneys who use Apple products should download. Check out links to those apps below.

Brett Burney is Principal of Burney Consultants LLC and is active in the Mac-using lawyer community, working with lawyers who want to integrate Macs, iPhones, and iPads into their practice.

Mentioned in This Episode

Stay Up To Date With These Legal Technology Blogs | Above the Law

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Subscribe to some of these blogs and you'll be well on your way to meeting your ethical obligation to stay abreast of changes in legal technology.




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The majority of jurisdictions (28) now require lawyers to stay on top of legal technology changes. This means that the majority of lawyers have an ethical obligation to learn about and understand technology in order to make informed decisions about whether to use technology in their practices.

Of course, the challenge for most lawyers is figuring out how to find the time to learn about technology, given the ever-present demands of practicing law and running busy law practices. Aside from attending on-point CLEs, one of the easiest ways to learn about legal technology is to use an RSS feed reader such as feedly (my feed reader of choice), subscribe to number of legal technology blogs, and spend a few minutes each day reading them and learning about the latest legal technology trends.

There are a lot of blogs out there, however, so knowing which ones to subscribe to isn't always easy. To get you started, here are some of my favorite legal technology blogs. I read posts from these bloggers each and every day and find their insight and advice to be invaluable.

House GOP Tax Bill Would End Electric-Car Tax Credits - Bloomberg

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The push by Tesla Inc.General Motors Co. and other carmakers to boost sales of electric vehicles was dealt a blow by House Republicans who on Thursday proposed eliminating a $7,500 per vehicle tax credit that has helped stoke early demand.

"That will stop any electric vehicle market in the U.S., apart from sales of the highly expensive Tesla Model S," said Xavier Mosquet, senior partner at consultant Boston Consulting Group, who authored a study on the growth of battery powered vehicles. "There's no Tesla 3, no Bolt, no Leaf in a market without incentives."

New York State Bar Association--House of Delegates November 4th-- Webcast

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Watch the NYSBA House of Delegates in action on Saturday, November 4th beginning at 9:00 a.m. by clicking http://www.totalwebcasting.com/view/?id=nysbar and choosing the November meeting.
Jennifer Bendery


 Two days after the American Bar Association rated Leonard Steven Grasz "not qualified" to be a judge, the Senate Judiciary Committee held a confirmation hearing Wednesday for Grasz's nomination to the U.S. Court of Appeals for the 8th Circuit

It was brutal.

With Grasz sitting in front of the committee, Sen. Sheldon Whitehouse (D-R.I.) read aloud passages from the ABA's eight-page statementoutlining why Grasz earned such a terrible and rarely designated rating by the nation's premier legal society.

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