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Mass. scrambling to adapt to marijuana initiative
Lawyer Blog News |
2008/11/07 14:32
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After Massachusetts voted to decriminalize possession of small amounts of marijuana, top law enforcement officials are scrambling to figure out what they need to do to put the law into effect — despite their efforts to defeat it at the polls. Attorney General Martha Coakley, who joined all 11 of the state's district attorneys in opposing the ballot question, said Wednesday she was working to determine exactly what it will require the legal system to do. "Question 2's passage not only authorizes the decriminalization of small amounts of marijuana, but also establishes a parallel civil regulatory structure that does not currently exist," Coakley said in a written statement. "At this time, we are reviewing all of the implications of the new law and whether further clarification or guidance is needed." Massachusetts becomes the 12th state in the country to decriminalize possession of small amounts of marijuana. The measure passed Tuesday with 65 percent of voters supporting it and 35 percent opposed. Under the state constitution, a ballot question approved by voters becomes law 30 days after an election.
The courts have defined the end of an election as the date on which the Governor's Council certifies voting results. That typically happens during the last week of November or the first week of December. Until the new law takes effect, marijuana possession will still be considered a crime, Coakley warned. Possession of small amounts of marijuana in the state is now punishable by up to 6 months in jail and a $500 fine. |
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Scandaglia & Ryan Welcomes First Year Associate René Hertsberg
Law Firm News |
2008/11/06 22:03
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Scandaglia & Ryan welcomes First Year Associate René Hertsberg to the firm. Mr. Hertsberg joined S&R after receiving a J.D., cum laude, from Emory University School of Law in May 2008. He has experience representing clients in commercial and patent litigation as well as personal injury defense. Prior to joining the firm, he served as a legal intern at Schulten Ward & Turner, LLP in Atlanta as well as at the Office of the State Appellate Defender, Death Penalty Trial Assistance Division in Chicago. While at Emory, Mr. Hertsberg participated in the school’s Technological Innovation: Generating Economic Results program. The TI:GER® program is a collaboration between Georgia Institute of Technology and Emory Law School, bringing Emory Law, Georgia Tech MBA and PhD students together in an interdisciplinary class to focus on both business and law principles. He received a B.S. in Molecular and Cellular Biology from the University of Illinois at Urbana-Champaign in 2004.
Scandaglia & Ryan is a litigation firm founded on the principle of providing sophisticated legal services in a cost-effective manner. To achieve this, we have adopted a client-centered process that we call Total Quality Litigation®. In pursuing strategic business and legal solutions for our clients, TQL® minimizes uncertainty and increases accountability. We believe our clients deserve nothing less. For further information, visit our website at www.scandagliaryan.com. Contact: Debra O’Malley, Director of Marketing, 312.580.2859
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Court leaves NC campaign finance law untouched
U.S. Legal News |
2008/11/06 17:18
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North Carolina's system of publicly financed judicial campaigns remained intact Monday after the U.S. Supreme Court refused to hear a challenge over a provision for additional funds in expensive races. The justices declined, without comment, to consider the constitutionality of a voluntary program passed by the Legislature and that took effect in 2004. The program provides campaign money for state Supreme Court and Court of Appeals candidates if they agree to fundraising restrictions leading up to the general election. The decision came on the eve of an election in which all but two of the 13 candidates for those seats Tuesday participated in the program. The decision leaves a federal lower court ruling in effect that upheld the law, which has been a model for other states, including New Mexico. "This gives supporters of judicial public financing and public financing in general confidence and assurance that the long line of decisions (supporting) public financing ... are still the law of the land," said Paul Ryan, an attorney with the Washington-based Campaign Legal Center, whose group earlier filed a friend-of-the-court brief in support of the law. Former Supreme Court candidate Rusty Duke and the North Carolina Right to Life Committee sued over the law in 2005, arguing it restricted free speech rights in cases where outside groups or nonparticipating candidates exceeded spending thresholds. The qualifying candidates receive matching "rescue funds" to counter such injections of money. The state's requirements that privately funded candidates and independent expenditure groups must file additional paperwork when they spend money to determine if rescue funds are triggered also "impose a substantial unconstitutional burden on the political speech" of these entities, according to the plaintiff's petition. The Richmond, Va.-based 4th U.S. Circuit Court of Appeals sided with the state in May. Attorneys for Duke and the group asked the high court unsuccessfully to consider the case in part because interest in public financing has expanded nationwide. |
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Supreme Court wrestles with TV profanity case
Legal Career News |
2008/11/06 17:17
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The Supreme Court spent an hour on Tuesday talking about dirty words on television without once using any or making plain how it would decide whether the government could ban them. The dispute between the broadcast networks and the Federal Communications Commission is the court's first major broadcast indecency case in 30 years. At issue is the FCC's policy, adopted in 2004, that even a one-time use of profanity on live television is indecent because some words are so offensive that they always evoke sexual or excretory images. So-called fleeting expletives were not treated as indecent before then. The words in question begin with the letters "F" and "S." The Associated Press typically does not use them. Chief Justice John Roberts, the only justice with young children at home, suggested that the commission's policy is reasonable. The use of either word, Roberts said, "is associated with sexual or excretory activity. That's what gives it its force." Justice John Paul Stevens, who appeared skeptical of the policy, doubted that the f-word always conveys a sexual image. |
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Japan ex-defense official convicted in bribery
Legal World News |
2008/11/06 17:17
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A Japanese court sentenced a former senior defense official to 2 1/2 years in prison Wednesday for accepting bribes in exchange for his recommendation in government arms contracts, a court official said. Former Vice-Defense Minister Takemasa Moriya was also ordered to pay 12.5 million yen ($125,400) in penalties — the value of the gifts and entertainment he pocketed, the Tokyo District Court official said on condition of anonymity, citing department policy. In his ruling, Judge Minoru Uemura said Moriya received golf trips, cash and other gifts when he was vice-defense minister 2003-2007, knowing that favorable treatment in contracts was expected in return. According to a summary of the ruling published in Japanese newspapers, Moriya took golf trips worth about 8.86 million yen ($88,900) on 120 occasions from two defense trading companies led by Motonobu Miyazaki, a former executive of Yamada Yoko Corp. Moriya also accepted 3.64 million yen ($36,500) in cash gifts from Miyazaki and his two aides, paid into the bank accounts of his wife and his daughter. Moriya, in return, recommended Miyazaki's companies in ministry procurement deals, including the 2004-2005 purchase of General Electric Co. C-X engines for next generation Japanese cargo aircraft. The deal, worth 600 million yen, was handled — without bids — by Miyazaki's company Yamada Yoko, the Japanese agent for GE engine at the time, according to the ministry. |
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Bush congratulates Obama on election victory
Law & Politics |
2008/11/05 17:30
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President Bush embraced Barack Obama's election victory Wednesday, saying he understands the message of change that was the centerpiece of his campaign. Bush promised Obama his "complete cooperation" during the Democrat's 76-day transition to the White House. The president said he would keep Obama informed on all his decisions between now and Jan. 20, and said he looked forward to the day — soon, he hopes — that Obama and his family would take him up on his offer of a pre-inauguration White House visit. But perhaps most striking about the Republican president's brief Rose Garden remarks was the stream of compliments he paid to Obama and the multiple nods to the history-making nature of his ascension. Bush called Obama's win an "impressive victory" and said it represented strides "toward a more perfect Union." He said the choice of Obama was "a triumph of the American story, a testament to hard work, optimism and faith in the enduring promise of our nation." The defeated leader of his own party, John McCain, won accolades as well, but not nearly so glowing. "The American people will always be grateful for the lifetime of service John McCain has devoted to this nation, and I know he'll continue to make tremendous contributions to our country," Bush said. To a country with monumental civil rights battles in its past, Bush said: "All Americans can be proud of the history that was made yesterday." He recalled the millions of blacks who turned out to vote for one of their own, saying he realizes many never fully believed they would live to see this day. But he also hinted that he has personal feelings of high emotion at this moment, representing the end of a controversial eight years in the Oval Office during which he tried, but failed, to attract more blacks to his party. "It will be a stirring sight to see President Obama, his wife, Michelle, and their beautiful girls step through the doors of the White House," the president said. "I know millions of Americans will be overcome with pride at this inspiring moment that so many have waited so long." |
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