How does a media-savvy employer ensure a season of festive cheer but without mishap, damage to their reputation or harassment and bullying claims?
Can we prevent tenants taking out the Green Deal or can we place conditions on consent?
From a landlord perspective, you will often want to prevent your stock from having non-standard fixtures. Green Deal measures are likely to be classed as improvements under tenancy agreements, for which landlords usually cannot unreasonably withhold consent. We haven’t had any cases yet about what ‘reasonable’ and ‘unreasonable’ means in a Green Deal context. It will be interesting to see how this aspect of landlord and tenant law interplays with the landlord consent which is required to the Green Deal plan (ie. the charge on the electricity meter).
Ultimately, it appears that landlords can refuse the Green Deal plan under the Green Deal regulations but will not usually have the right to unreasonably refuse an improvement. If you are minded to consent to improvements and the associated Green Deal plan, that consent may need to be on condition that a warranty is received for the installation. The warranty should be reviewed from a legal perspective and the expenses for this and your administration can be charged as part of giving consent.
Are we allowed to recommend one or two trusted Green Deal providers in our areas to our tenants?
You would need to consider how you arrive at a position where you can endorse one particular provider over any other. How much control would you want or need over the endorsed provider? If the landlord is receiving some benefit and also has extensive control over the works being carried out, it begins to look like a public works contract and other contractors that haven’t been ‘endorsed’ might challenge on the basis that you have not gone through the proper procurement process. An even more pressing point relates to your reputational issues if the endorsed provider does not perform. The landlord will have only limited control over the quality of the advice provided to its tenants or the quality of the works being implemented. Your tenants will be looking for you to sort out problems if things go wrong with a provider endorsed by you, whether it is your legal liability or not.
How can we most actively participate in the Green Deal?
If you provide works or services in-house and you have spare capacity, you might think about becoming a registered installer or assessor and working as a sub-contractor for your local Green Deal providers.
If you have more ambitious plans for creating economic activity in your area (covering owner occupiers or private landlords' stock as well), then how about creating a Green Deal business? This may involve partnering with a contractor or utility service and this might also attract additional government funding. Be aware of the procurement challenges (you might need to run an OJEU competition for any work or services delivered by the partner) and any trading implications for your charitable status. You are also likely to need your funders’ consent. However, these hurdles will be well worth it if you can help your community flourish by maximising the opportunities for creating training and jobs, and reducing the instances of people living in under-heated homes.
Providers need to be alive to the risk of contractors becoming insolvent and how to limit the resulting inevitable disruption.
Housing associations must continue to deliver core functions effectively and compliantly notwithstanding the uncertainty over the standards to which you will be held in the future.
Over the last few years the meaning of “asset management” has changed from being all about repairs to understanding that assets might not stay in an organisation forever.
The Grenfell Tower tragedy has understandably prompted a fundamental reconsideration of how building safety is approached for High-Rise Residential Buildings.
Results from the latest three-yearly valuation of the Local Government Pension Scheme (LGPS) are starting to trickle through.
The potential for Brexit with or without a deal causes uncertainty, and credit rating agencies do not like uncertainty.
Let’s face it, Wills are underappreciated and often overlooked. In fact, around 54% of the British public do not have one!
A recent case throws light on the scope of the exemption for “land transactions” from the need for an OJEU tender process.
A leaked report into maternity services at the Shrewsbury and Telford Hospitals NHS Trust revealed by The Independent has been described as the “largest maternity scandal in NHS history”.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.


Search result for PRISON
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AUSTRALIAN KYLIE MOORE-GILBERT, PRISONER OF IRAN SINCE 2018 RELEASED IN EXCHANGE OF 3 IRAN NATIONALS
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I'' ve seen how marijuana legalisation operates in Canada. Britain could do it better|David Lammy
July 29, 2019 by erfa5t8
Photo 2 19-year-old guys living in the exact same country, however in different worlds. One remains in his 2nd year at Oxford University, smoking cigarettes cannabis in the garden of a house he shows good friends. The other is smoking cigarettes in a side-street, far from the sixth-floor flat in Tottenham’s Broadwater Farm Estate, north London, he shows his mum.
The student’s night will end with a film and bag of Doritos, his dreams of becoming a Tory leadership prospect in 20 years intact. The second boy deals with the very real possibility of a formal care that might affect future work and travel. In the worst case, he might get approximately 5 years in jail for possession of
a class B drug. This is a social oppression that is repeated across the nation. Of the 200,000 individuals subject to stop and search by the Metropolitan police for drugs in 2015, 93% were from lower socio-economic groups. Black people are nine times more likely to be stopped and searched for drugs. In the capital, the possibilities of a BAME person being detained for the ownership of cannabis is 3.4 times that of a white person. The law says everyone who smokes marijuana is a criminal, however political leaders say it is one rule for us and another for them. Numerous nations have actually selected decriminalisation. This reduces pressure on cops but sustains an illegal market In our present system, cannabis is a golden goose for organised criminal gangs. The National Criminal Activity Company has
approximated the UK’s illegal cannabis market to be worth ₤ 1bn annually. The real figure might be even greater. The Institute of Economic Affairs thinktank puts it at a shocking ₤ 2.5 bn. The black market is moneying more organised crime and contributes to surging levels of violent criminal activity on our streets. It does not have to be by doing this.
Last year, Canada became the second nation, after Uruguay, to legalise marijuana for leisure functions. In the US, 11 states and Washington DC have actually done the very same. A lot more nations have chosen decriminalisation. This reduces pressure on police and the criminal justice system, however eventually sustains an illegal market.
Diageo watches on marijuana as gin and tequila sales skyrocket
Find out more
On a journey to Toronto, recorded by the BBC for< a href=" https://www.bbc.co.uk/programmes/p07hlnh7" class=" u-underline “> a short documentary being revealed on Monday, I had the ability to see the world’s largest regulated market up close. Production takes place in sterile grow-houses filled to the ceiling with the green plants. Accredited shops, protected by security personnel, sell a large range of cannabis stress in air-conditioned surroundings that appear somewhere in between a vape store and a pharmacy. The THC and CBD levels are marked on labels like the alcohol content on a bottle of beer. Touchscreens allow users to pick in between oils, leaf, pre-rolls and pills as easily as selecting between a Quarter Pounder or chicken nuggets in McDonald’s.
The prospective benefits of legal policy go beyond hurting the bank balances of criminal gangs and reducing the out of proportion criminalisation of particular groups. In the UK, kids discover it simpler to access cannabis than alcohol. Taking cannabis out of the hands of street dealerships and putting it behind the counter in stores with security personnel and ID requirements would help safeguard those under 18. For adult users, there would be more mellow alternatives to the super-strength skunk linked most carefully to psychosis, which presently comprises around 94% of the black market. Policy means we can control and lower the average THC levels considerably, minimizing psychological health concerns.
Enslaved on a British cannabis farm: ‘The plants were more valuable than my life’
The most significant obstacle is to make the regulated market appealing enough to beat the black market, but not to glamorise it in a way that will increase intake. If carried out properly, legal regulation ought to minimize social and health damages to a minimum. Bill Blair, the previous Toronto authorities chief turned Liberal minister in Canada, has actually had the task of searching for this Goldilocks point in Canada. At present, he has not achieved it. The price of legal marijuana is around $ 10 (₤ 6) a gram, compared to $ 6.37 in the illicit market. There are too few dispensaries for numerous users to have access. As an outcome, the majority of weed in Canada is < a href=" https://www.theguardian.com/world/2019/apr/17/canada-cannabis-stores-sales-black-market-dealers" class
= “u-underline” > still sold illegally. A deeper problem in the Canadian design is that the marketplace is dominated by big corporations. Legalisation uses a chance not only to decriminalise the communities that have actually suffered the most from the war on drugs, however to empower them. People from communities that have been disproportionately criminalised should be actively recruited to the supply side of any brand-new market in the UK. Old rap sheets relating to marijuana offenses should be scrapped.
The Canadian design is not perfect, but it is about time for the legal guideline of cannabis in the UK.
- David Lammy is the < a href =" https://www.theguardian.com/politics/labour
” class=” u-underline”
” href =” http://www.pinterest.com/pin/find/?url=https%3A%2F%2Fwww.theguardian.com%2Fsociety%2Fcommentisfree%2F2019%2Fjul%2F29%2Five-seen-how-cannabis-legalisation-works-in-canada-britain-could-do-it-better “target=” _
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Divorce and inheritance
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Somalia’s Shabaab kill 18 police in academy bombing
A suicide bomber from Somalia's Shabaab insurgents killed 18 police officers and wounded 15 others on Thursday when he blew himself up inside the country's main police academy, the force's chief said.
Witnesses said the police were gathered in a square ahead of their early morning parade when the bomber attacked in the capital Mogadishu.
“Eighteen members from the police were killed, and 15 others were wounded, after a suicide bomber blew himself inside the academy,” acting police chief General Muktar Hussein Afrah told reporters.
The attacker disguised himself in a police uniform to access the camp, Afrah said.
“Some of the police were already in lines, and others were gathering, when the man in police uniform entered and blew himself up,” said bystander Hussein Ali, describing the carnage.
Medics and ambulance teams rushed to take the wounded to hospital and collect the corpses.
Officers said the toll could have been far worse had the attacker killed himself in the centre of the crowd.
“The bomber could have inflicted more casualties if he could have managed to reach the midpoint where most people were,” police officer Ibrahim Mohamed said.
The Al-Qaeda-affiliated Shabaab claimed responsibility and put the toll at 27 dead.
“It was martyrdom operation, in which the mujahedeen targeted the police academy camp,” a statement posted on a pro-Shabaab website read.
Shabaab fighters have repeatedly attacked police officers in its decade-old battle to overthrow successive internationally-backed governments in Mogadishu.
The Shabaab lost its foothold in Mogadishu in 2011 but has continued its fight, launching regular attacks on military, government and civilian targets in the capital and elsewhere. DM


Grams v. MELROSE-MINDORO JT. SD NO. 1.Annotate this Case
78 Wis. 2d 569 (1977)
254 N.W.2d 730
GRAMS, Plaintiff-Appellant, v. MELROSE-MINDORO JOINT SCHOOL DISTRICT NO. 1, and another, Defendants-Respondents.
Supreme Court of Wisconsin.
Argued January 3, 1977.
Decided June 14, 1977.
*571 For the appellant there were briefs by Bruce F. Ehlke, Robert J. Arnot and Lawton & Cates, and oral argument by Mr. Ehlke, all of Madison.
For the respondents there was a brief by John Bosshard and Bosshard, Sundet & Associates, and oral argument by John Bosshard, all of La Crosse.
The question is whether a teacher's lack of legal authority to teach courses she had been teaching and was assigned to teach was a valid ground for discharge, notwithstanding that the employing school board was aware of her credentials before and after hiring her.
Phyllis Grams, the plaintiff-appellant, taught school for the defendant-respondent school district and a predecessor district for eight years beginning in the Fall of 1964. In June, 1972 the school board discharged her on the ground she was not legally authorized to teach the courses which she had been teaching and to which she was assigned. In August of 1972, Ms. Grams commenced *572 this action seeking reinstatement or other appropriate relief. She alleged the discharge was arbitrary, capricious and unlawful, without good cause and in breach of contract.
A trial to the court began November 4, 1974. On November 6, at the close of Ms. Grams' case-in-chief, the court granted the district's motion to dismiss on the ground Ms. Grams failed to prove a prima facie case. Appeal is from the order of dismissal.
The proof was intended to establish that the school board regularly and knowingly contracted with Ms. Grams to teach courses in which she was not certified and that the board continually reassured her the non-certification was not a problem.
Ms. Grams has a lifetime certification in four areas: biology, general science, history and French. Her actual teaching assignments for the defendant district, however, only infrequently matched these areas of primary preparation. Her record of teaching assignments was as follows:
In the 1964-65 year she taught world history, typing and shorthand and had obtained a special one-year permit to teach commercial subjects. Correspondence in the record indicates H. N. Newman, on behalf of Mindoro Schools, requested the permit from the Department of Public Instruction (D.P.I).
In 1965-66 Ms. Grams' individual contract specified she would teach business education. She taught typing I, world history, bookkeeping, and office practice.
The 1966-67 contract did not specify her teaching assignments. She taught bookkeeping, office practice, world history, two sections of French and three sections of typing.
In 1967-68 Ms. Grams taught French, world history and two sections of typing. The contract was unspecific.
In 1968-69 Ms. Grams contracted to teach commercial and foreign language courses and in fact taught typing, *573 world history, general business work study and a general science class.
The 1969-1970 contract specified commercial education and commercial work study experience. Ms. Grams taught clerical and secretarial office work courses.
The 1970-71 contract again specified commercial courses but also said, "Assisting teacher to French students, in accordance with the Teacher-Board Agreement." She taught office courses.
The 1971-72 school year was similar to the 1970-71 year in contract specifications and actual assignments.
In July, 1964 the D.P.I. granted Ms. Grams a permit to teach commercial subjects for the 1964-65 year. But in an accompanying letter, the D.P.I. wrote that if she was to continue teaching commercial subjects after that year, she had to have her credits evaluated by an accredited teacher training institution.
In the Spring of 1965 School Superintendent Louis A. Grzadzielewski told her she was deficient in preparation for office practice and needed additional training in business machines.
Ms. Grams testified she took a business machines course that Summer on the understanding that after the Mindoro and Melrose Schools were consolidated she would be able to teach French and possibly history. She did not obtain certification in this area. She stated:
"Mr. Grzadzielewski expressed gratitude. He said he had headaches enough (as) it waswithout having to look for a commercial teacher for a one year period."
In November, 1969 an evaluating team at the school questioned Ms. Grams on why she was not certified in commercial courses. She testified this "disturbed and embarrassed" her but Superintendent Grzadzielewski told her it was not her responsibility but rather, an administrative omission.
*574 In August 1971 at a regular pre-school year in-service session, teachers were warned of their responsibility to keep their certifications up to date. Ms. Grams again went to see Mr. Grzadzielewski. Ms. Grams testified his response was not to worry, he would take care of it.
By October of 1971 Ms. Grams was told by Mr. Grzadzielewski there would be difficulty getting her certified for the next year. He stated this information came from the D.P.I. He advised her she should embark on a program for at least a minor in commercial subjects. Ms. Grams testified that the only time she could pursue this course was the following Summer of 1972.
In June, 1971 and again in February 1972, Ms. Grams wrote Mr. Grzadzielewski stating she desired to be reassigned as soon as possible to teach in one of the areas of her major preparation. In her letter of February 7, 1972, she said:
"When I assumed the responsibility of the commercial department in 1969, it was with the assurance from the administration that I could without difficulty be properly certified in that area. But since this condition seems to have changed and there is considerable doubt that I can be certified, I sincerely believe that I should now be placed in an area where I have regular certification and can enjoy some degree of security."
On February 8, 1972 Mr. Grzadzielewski purportedly wrote Ms. Grams that the Board of Education insisted she obtain certification in commercial education for the 1972-73 year. Ms. Grams acknowledged at trial receipt of the letter but later in her testimony said she had never received it.
On March 14, 1972 Mr. Grzadzielewski hand-delivered to Ms. Grams a letter stating it was his understanding after talking with the D.P.I. she would not be certified for the 1972-73 year in the courses she was then teaching formally. For this reason, she was formally notified *575 her contract would not be renewed for the 1972-73 year. She was told, however, she would be granted a contract if she could obtain certification in commercial courses before a replacement teacher was hired.
Ms. Grams protested. First, she told Mr. Grzadzielewski the notice was untimely. Ms. Grams said Grzadzielewski responded, " (T) hen I guess we will have to pay you for the following year whether you teach or not. ..."
She then asked Grzadzielewski about an apparent teaching vacancy in history, an area in which Ms. Grams was certified. He stated the board preferred a younger person, she said. At the time of trial she was sixty years old.
In April, 1972 Ms. Grams by letter requested reemployment pursuant to sec. 118.22, Wis. Stats. Subsequently, in June, 1972, the Board held a hearing at which time she was formally discharged from her 1972-73 contract.
Ms. Grams seeks the equitable relief of reinstatement. No claim for money damages was filed pursuant to sec. 118.26, Stats. That section provides that an action upon any claim against a school district must be preceded by making the claim directly to the school board. The equitable action for reinstatement is not subject *576 to this statute. Flood v. Board of Education, 69 Wis. 2d 184, 188, 189, 230 N.W.2d 711 (1975), limiting Veith v. Joint Sch. Dist. No. 6, 54 Wis. 2d 501, 506, 196 N.W.2d 714 (1972).
Ms. Grams' teaching contract was void because she contracted to teach subjects she was not legally authorized to teach. The school board cannot be estopped from asserting the public policy of this state, as it is expressed by the Legislature. That policy is that teachers must be qualified in the areas in which they teach. The remaining question is whether on an equitable basis, the school board led Ms. Grams to believe it would obtain for her a special license, or alternatively, led her to believe she would be assigned courses in which she was certified as they came available. These questions of fact were resolved against Ms. Grams by the fact finder. The findings must be affirmed.
Trial was to the court with an advisory jury. For purposes of review this is the same as a trial to the court alone. Dismissal was granted after plaintiff had put forward her case-in-chief. This was a disposition on the merits. The findings of the lower court will not be set aside unless they are contrary to the great weight and clear preponderance of the evidence. In Household Utilities, Inc. v. Andrews Co., 71 Wis. 2d 17, 24, 25, 236 N.W.2d 663 (1975), this court said:
"Whether the case is tried to the court alone or to a jury, the defendant may challenge the sufficiency of the evidence at the close of plaintiff's case... In a case tried to a jury, the court sits as arbiter of the law and the jury as trier of fact. Where there is no jury, however, the court performs both functions... Where there is no right to a jury trial, or where that right has been waived, however, the court itself is the ultimate finder of fact.... a ruling granting the motion to dismiss should constitute a disposition of the case on *577 its merits. The findings of a trial court sitting without a jury will not be set aside on appeal unless they are contrary to the great weight and clear preponderance of the evidence. This court need not, on such an appeal, view the evidence in the light most favorable to plaintiff or draw inferences therefrom which might, under some view, support his claim."
The court found no basis on which to sustain the contract and order reinstatement.
The defendant district cannot be estopped from asserting the invalidity of Ms. Grams credentials to fulfill her contractual work assignment. The most recent contract in the record, 1971-1972, indicates she was hired to teach courses in commercial education and commercial work study experiences, areas in which she held no teaching certificate.
Sec. 118.21, Stats. 1971 states:
"118.21 Teacher Contracts. (1) The school board shall contract in writing with qualified teachers. The contract, with a copy of the teacher's authority to teach attached, shall be filed with the school district clerk. Such contract, in addition to fixing the teacher's wage, may provide for compensating the teacher for necessary travel expense in going to and from the schoolhouse at a rate not to exceed 6 cents per mile. A teaching contract with any person not legally authorized to teach the named subject or at the named school shall be void. All teaching contracts shall terminate if, and when, the authority to teach terminates. (2) Any person who contracts to teach in any public school shall file in the office of the school district administrator, within 10 days after entering into such contract, a statement showing the date of expiration and the grade and character of certificate or license held. In any school district not having a school district administrator, the statement shall be filed with the school district clerk. Teachers employed by a co-operative educational service agency shall file the statement in the office of the agency coordinator. No order or warrant may be issued by the school district clerk in payment of the salary of any *578 teacher, unless the teacher has complied with this subsection." (Emphasis supplied.)
The Legislature has spoken clearly. When the legislative will is expressed in peremptory terms of a statute it is paramount and absolute and cannot be varied or waived by the private conventions of the parties. Welch v. Land Development Co., 246 Wis. 124, 132, 16 N.W.2d 402 (1944); 31 C.J.S., Estoppel sec. 110 (2) p. 568. It follows that the legal effects and consequences of the statutory limitation cannot be avoided by estoppel. Welch, supra. See, also, Blum v. Hillsboro, 49 Wis. 2d 667, 676, 183 N.W.2d 47 (1971). Ms. Grams cannot, in light of sec. 118.21 (1), claim her contract to teach commercial subjects was not void. It was void.
This case is unlike Nyre v. Joint School District, 258 Wis. 248, 45 N.W.2d 614 (1951) cited by Ms. Grams. In Nyre there was no dispute a permit to teach would have been granted if it were requested. This is not the case here.
The trial court found the plaintiff failed to show any member of the board of education made any representation to her whatsoever concerning her teaching subjects; furthermore, there was no evidence by which to infer that the board obligated itself to obtain a special license to qualify Ms. Grams to teach outside her area of certification or to place her in her area of certification. These findings are supported by the evidence.
The elements of promissory estoppel are established in Wisconsin.
1) Was the promise one which the promisor should reasonably expect to induce action or forbearance of a definite and substantial character on the part of promisee?
*579 2) Did the promise induce such action or forbearance?
3) Can injustice be avoided only by enforcement of the promise?
Rossow Oil v. Heiman, 72 Wis. 2d 696, 709, 242 N.W.2d 176 (1976); Hoffman v. Red Owl Stores, Inc., 26 Wis. 2d 683, 133 N.W.2d 267 (1965). The first two questions are for the fact finder, the third involves a policy decision necessarily embracing discretion. Silberman v. Roethe, 64 Wis. 2d 131, 143, 218 N.W.2d 723 (1974). A municipal body is not immune from the doctrine of equitable estoppel. City of Milwaukee v. Milwaukee County, 27 Wis. 2d 53, 66, 133 N.W.2d 393 (1965).
As early as July 1964, when Ms. Grams did obtain a special license to teach commercial subjects, she was warned that certification was necessary if she desired to continue teaching commercial subjects and that further work would be required before she could be certified. She thus had notice of the law which, then as now, precluded a reasonable expectation on her part that she could continue to teach in areas in which she was not qualified.
A special license to teach outside the area of legal qualification is intended to be temporary in nature; it is contemplated by the D.P.I., as was reflected in the 1964 letter, that a teacher who remains in the non-certified area will take steps toward becoming certified. Wis. Adm. Code section P I 3.02 states in relevant part:
"PI 3.02 Special Licenses. (1) A special license is an instrument, limited in time to one year or fraction thereof and to one specific job, to permit the employment of a legally qualified teacher who does not meet the legal qualifications for the teaching position he is asked to handle. Such license shall expire as of June 30 of the school year of issue or earlier.
*580 "(2) No special license will be renewed, unless at least 6 semester hours of college work are taken between the date of issuance and the date of renewal. Such work must be directed toward the deficiency or deficiencies.
"(3) The administrative officer of the school must request such special license in writing and must explain the situation."
The evidence is that with the exception of one summer course, Ms. Grams did not work to correct the deficiencies in her credentials.
Ms. Grams testified that in 1969 Superintendent Grzadzielewski told her that the certification problems raised by a visiting evaluating team were not her responsibility, but rather, an administrative omission.
In Harris v. Jt. Sch. District, 202 Wis. 519, 521, 233 N.W. 97 (1930), this court stated:
"It is well established that the powers of school district officers are limited, and can only be exercised as the statute provides, and persons contracting with a district are legally charged with notice of the extent of such powers and the manner in which they must be exercised."
It is unfortunate if Ms. Grams relied on an alleged 1969 misstatement of law by her superintendent. But the responsibility to keep her credentials in order was her own. Her superintendent could not "waive" the law of this state. Where a plaintiff seeks equitable relief based on reliance principles, such reliance must be reasonable. Chicago & N.W. Transportation Co. v. Thoreson Food Prod., 71 Wis. 2d 143, 238 N.W.2d 69, 75 (1976). Reliance alleged in this case is not reasonable.
There is little evidence the school board induced Ms. Grams to believe she would be assigned to an area in which she was certified. Ms. Grams had taught commercial courses for three years prior to her discharge. The only specific evidence of inducement was a statement *581 by Ms. Grams she was promised an assignment in French and possibly history in 1965. The trial court did not find this sufficient to create an equitable obligation on the part of the board in 1972. This finding is not against the great weight and clear preponderance of the evidence.
At the end of plaintiff's case-in-chief and after some oral argument, plaintiff's counsel moved to reopen the case.
He stated in part:
"... I would like to make a motion at this time. My motion is that if at this point in the file, the Court believes the application of 118.21, as raised by the defendants, and the precise terms of the 1971-1973 contract to be controlling in this matter, we would ask the Court for leave to reopen our case to present further evidence of the conduct of the defendants which would go to reformation and to equitable estoppel by waiver regarding the operation of 118.21 and the precise terms of the 1971-1972 contract."
The implications of sec. 118.21, Stats. were disputed throughout the trial. A party cannot be estopped from asserting public policy as expressed in the statutes. Denying the motion was not an abuse of discretion.
By the Court.Order affirmed.
BEILFUSS, C.J. took no part.
ABRAHAMSON, J. (dissenting).
Sec. 118.21 (1), Stats., is designed to protect the pupils of the state from incompetent teachers. The record of this case raises, for me, the question of whether this statute has been improperly invoked by the school board to discharge this teacher without the board openly facing the issue of the reasons for the discharge and whether the discharge was lawful. The school board assigned the teacher to *582 teach a subject it knew she was not certified to teach; it insisted on that assignment; it did not permit her to fill a vacancy in an assignment for which she was licensed; and it then relied on a strict application of sec. 118.21, Stats., to discharge the teacher. It seems as if this practice can be a perverted use of the law. Under the circumstances of this case I do not think sec. 118.21, Stats., is an absolute defense to the charge that the teacher was discharged without just cause. For these reasons, I think justice may not have been done and I dissent.NOTES
 She taught for the Mindoro school system in 1964; the Mindoro and Melrose school systems were consolidated in January, 1965.
 Both sides agree the notice was untimely and this appears to be correct. Notice of non-renewal must be given by March 15 but a preliminary notice must precede it by 15 days. Sec. 118.22 (2) (3), Stats.
 "118.26 Claim Against School District. An action upon any claim shall not be maintained against a school district until the claim has been presented to the school board of the district and disallowed in whole or in part. Failure of the school board to allow the claim within 60 days after it is filed with the school district clerk is a disallowance.... No action on a claim may be brought after 6 months from the date of service of the notice of disallowance."


Clive Palmer's assets frozen by Supreme Court over Queensland Nickel collapse
Queensland Nickel's liquidator has won a Supreme Court bid to freeze Clive Palmer's personal assets in an effort to recover millions of dollars from the 2016 collapse of the north Queensland refinery.
Federal Government-appointed liquidator PPB Advisory sought an injunction in August to restrain the former federal MP from selling or spending more than $200 million in assets.
The freeze also affects more than $340 million in company assets related to Mr Palmer's business activities.
PPB Advisory is trying to claw back $70 million in taxpayer funds paid to sacked Townsville refinery workers.
More than 800 workers lost their jobs when the refinery collapsed.
Justice John Bond granted the order to freeze the assets of Mr Palmer and several of his companies.
Mr Palmer's lawyers applied for a stay on the freeze order for 21 days, but Justice Bond dismissed the application.
Mr Palmer was not in court for the ruling.
His barrister Dominic O'Sullivan applied to submit a copy of the Australian Financial Review's rich list as evidence that Mr Palmer could pay what was required of him.
The list named Mr Palmer as the wealthiest man in Queensland, with an estimated fortune of $2.84 billion.
Justice Bond said: "You're not going to hand me up the rich list are you?"
Mr O'Sullivan replied: "Yes I am."
Justice Bond asked: "How is that evidence?"
He rejected the rich list application.
In his written decision, Justice Bond said the orders "apply until final judgment or further order in the proceeding".
"In Mr Palmer's case the value specified was $204,943,664.39 but other amounts were specified for the companies concerned," Justice Bond said.
Lawyers for PPB Advisory had previously argued there was a "real risk" Mr Palmer's assets were being sold, pointing to the sale of his Brisbane headquarters Mineralogy House, worth $23 million.
His assets include planes, vintage cars, golf courses and a string of multi-million-dollar properties.
'It's a witch hunt'
In a statement, Mr Palmer's spokesman Andrew Crook said the court ruling was "further evidence of the political witch hunt against him".
"Despite the fact that Clive Palmer has been the fastest riser on the AFR rich list, coming in at the 20th most wealthy person in Australia with $2.84 billion, Justice John Bond has granted an order to freeze just over $200 million of his assets,'' Mr Crook said.
"This extraordinary outcome in the Queensland Supreme Court seems out of step with what the AFR has highlighted and is further evidence of an ongoing witch hunt.
"If a freezing order can be made against Mr Palmer, then a freezing order can be made against any Australian."
The liquidator's injunction was filed as part of a wider lawsuit against 21 defendants, in which liquidators allege Mr Palmer and his nephew Clive Mensink breached their duties while running Queensland Nickel and traded while insolvent.
Mr Palmer recently lodged a counter-claim in the Supreme Court in Brisbane, suing liquidators for $1.8 billion for damages, and he has always denied any wrongdoing.
A date for a lengthy trial of the case is still being determined by the courts.
Justice Bond said the asset freeze would be subject to numerous exceptions, "including that it does not prohibit dealing with or disposing of assets in the ordinary and proper course of business, including by paying business expenses bona fide and properly incurred".
"There are particular aspects of Mr Palmer's previous conduct and decision making which would lead a prudent, sensible commercial person to infer that there is a real risk that he would take, or cause to be taken, steps outside court processes to attempt to frustrate or inhibit the prospects of enforcement or execution of any significant judgment against him or any of his companies," Justice Bond said.
"There is no certainty that that is what would occur.
"Indeed, I am not in a position to conclude that it is more probable than not that that is what Mr Palmer would do.
"But, endeavouring to take account of all the evidence before me, and conscious of the degree of care that I am obliged to take in applications of this nature, I nevertheless conclude that there is a real risk that he would."
'Getting his just deserts'
Townsville resident Lorraine said she had friends and family members who lost their jobs when the refinery collapsed.
"I'm glad Clive Palmer is now getting his just deserts — it's a long time coming but I'm glad it's come," she said.
Another resident, Stevie, said she was glad to see Mr Palmer's assets frozen.
"He's still carrying on like nothing's happened, going on cruises … it's not fair. He's just sticking it in everyone's face that he's wronged."


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Cooley v. Prison Health Services, Inc. et al
ORDER that all claims brought by Emmett Cooley in above referenced case are DISMISSED as further set out in this order. A separate final judgment will enter. Signed by Hon. Chief Judge Mark E. Fuller on 4/28/2011. (jg, )
IN THE UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF ALABAMA
PRISON HEALTH SERVICES, INC., et al.,
Case No. 2:08-cv-313
(WO- DO NOT PUBLISH)
On January 26, 2011 the defendants in this case filed a Suggestion of Death,
notifying the Court that the Plaintiff Emmett Cooley was deceased. (Doc. # 70). Federal
Rule of Civil Procedure 25(a) provides that “a motion for substitution may be made by
any party or by the decedent’s successor or representative. If the motion is not made
within 90 days after service of a statement noting the death, the action by or against the
decedent must be dismissed.”
No substitution of parties was made in this case, and the 90 day period for seeking
substitution has passed. Accordingly, it is hereby ORDERED that all claims brought by
Emmett Cooley in above referenced case are DISMISSED. A separate final judgment
Done this the 28 th day of April, 2011.
/s/ Mark E. Fuller
CHIEF UNITED STATES DISTRICT JUDGE
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Facebook Inc. clearly isn't waiting for its initial public offering next month to spend some of its cash, with a $550 million purchase of AOL patents from Microsoft Corp. announced Monday.
Microsoft (NASDAQ:MSFT) said Facebook will get about 650 AOL patents and patent applications, plus a license to the AOL patents and applications that Microsoft will purchase and own in a deal announced recently.
Microsoft said it will keep about 275 AOL patents and applications, a license to the AOL patents and applications that will now be owned by Facebook, and a license to about 300 patents that AOL did not sell in its auction.
Facebook is targeting its IPO for May 17, although there is the possibility that it could happen a week later. The valuation Facebook is likely to launch at is $100 billion.


During the first week of April, a California Senate committee will consider a proposal that would require pet food labels to include the product’s country of origin.
Often at the forefront of legislation that other states follow, the California Senate Bill 1773 is the first of its kind, according to Marshall Meyers, executive vice president of the Pet Industry Joint Advisory Council (PIJAC).
“That’s the only one right now,” he said.
PIJAC, however, deferred to the Pet Food Institute for further information. The Pet Food Institute was not immediately available for comment.
The legislation was introduced in February by Senator Ellen Corbett from the East Bay’s San Leandro, but a hearing date was only set this week. The Committee on Health will hold a hearing on the proposal April 2 at 1:30 p.m. in room 4203 at the State Capitol in Sacramento
The bill was also referred to the Senate Judiciary, which Corbett chairs. It has not set a hearing.
The proposal also requires manufacturers to post the brand owner’s telephone number on the label.
California’s Legislature will reconvene Monday, March 24, after a weeklong spring recess.


Anyone who has seen an episode of Law and Order knows if you are arrested, a good lawyer will get you off on a technicality if the police did not read you your rights, right? Well, the truth is not so clear. If you are arrested, the police are required to read you your rights. However, if they fail to do so, any testimony you give will be inadmissible as evidence. If there is enough evidence to convict you of the crime regardless of your testimony, then you still may be convicted of the crime.
The History Of Miranda Rights
Miranda rights were established in the landmark 1966 Supreme Court case Miranda v. Arizona. Ernesto Miranda was arrested in 1963 in Arizona on suspicion of being involved in the kidnapping and rape of an eighteen year old girl. After two hours of interrogation, Miranda confessed to the crime. Miranda was never told of his right to counsel, his right to remain silent, or informed his statements would be used against him. Miranda’s attorney claimed that his confession was not truly voluntary and should be inadmissible as evidence. The Supreme Court upheld this opinion and overturned Miranda’s conviction. Unfortunately, additional evidence was gathered against him and he was ultimately found guilty of the crime.
After the Supreme Court overturned Ernesto Miranda’s conviction, police departments nationwide were required to inform anyone who was arrested of their rights. Today the decision seems sensible. Everyone deserves a fair trial, and a trial cannot be fair if the defendant does not know the rules. However, at the time, the decision was controversial as it was seen as a boon to suspected criminals. Many people felt it gave a poor perception of police.
Do Police Have To Read Me My Rights?
There are a few places where the reality of Miranda warnings differs from what is commonly portrayed on television. You can be arrested without having your rights read to you. The rights are focused on interrogation and questioning. If you are not being questioned, law enforcement may not read you your rights. If they decide to question you later, they will read you your rights at that time. Miranda rights are also sometimes waived in the interest of public safety.
Before law enforcement interrogates a suspect, they must inform them of the following rights:
You have the right to remain silent;
- If you do say anything, it can be used against you in a court of law;
- You have the right to have a lawyer present during any questioning; and
- If you cannot afford a lawyer, one will be appointed for you if you so desire.
If you have been arrested, be sure to know and exercise your Miranda Rights. If you are being questioned by the police, remain respectful and silent. If you need an attorney, our criminal defense team at De Bruin Law Firm is willing to help. If you have been suspected of a crime, you need professional and competent legal representation. Contact us today and let us offer our support in this difficult time.


The EU MDR was passed on 5 April 2017, replacing the EU Medical Devices Directive (MDD). The legislation, which will apply from 26 May 2021, was introduced to diminish the adverse health impacts associated with hazardous substances in medical devices.
Medical devices are vital for the health and well-being of patients all over the globe. From smartwatches to pacemakers, the ongoing use of medical devices is integral to the diagnosis, prevention, monitoring, and treatment of a wide range of medical conditions.
The timeline for bringing a medical device to market can average anywhere between three and seven years. To get there, manufacturers must navigate through a complex regulatory framework that has been implemented to safeguard patient safety.
However, the regulations and standards that support this framework are historically outdated, fragmented, and in urgent need of modernization. In a bid to help global manufacturers overcome these issues and improve compliance, European regulators are updating three decades of regulatory legislation.
The updates will see regulators replace a series of existing medical device directives with a more robust, comprehensive set of regulatory guidelines — captured under the EU Medical Device Regulations (EU MDR).
Mitigating risk and prioritizing patient safety
By introducing the EU MDR, industry regulators hope to ensure all medical devices placed on the EU market are beneficial to society while being as risk-free as possible. In other words, it’s about striking a balance between safety and efficacy — helping to roll out medical devices to the right patients as swiftly and safely as possible.
This risk management does not just apply to the medical device itself but to the entire value chain — from raw material extraction to product marketing. In reducing the potential biological risk that medical devices pose, manufacturers will need to consider factors such as placement of the device on the patient (e.g. on the surface of the skin or implanted in tissue) and the duration of contact (e.g. hours/days/weeks).
In section 10.4, the legislation outlines manufacturers’ obligation to report on the chemical composition of their products. This includes verifying the presence of any of 1,200 substances (classified as CMR 1A and 1B) that are limited to a threshold by the EU MDR. If a device contains one of these hazardous substances, manufacturers must limit its content to a safe threshold.
Keeping a finger on the pulse
Another key feature of the EU MDR is that it anticipates further changes to regulations in the future that will likely result from continued advancements in technology and materials innovation. As a result of this iterative nature, EU MDR (unlike prior directives) therefore compels organizations to better understand up-to-date safety regulations — including gleaning a better insight into the chemical properties of materials used in medical device development.
While EU MDR will change how the medical device industry responds to regulation, medical device manufacturers will still be faced with the same concerns — namely, how to accelerate product commercialization, protect brand value, and remain competitive in an increasingly crowded marketplace.
With the introduction of this new legislation, manufacturers need to adopt a more thorough approach to chemical and material characterization. By doing so, they’ll enable the innovation, safety, and compliance necessary to secure market advantage in the sector. That said, certain markets outside the EU may face short-term disruption upon the application of the legislation.
What does EU MDR mean for U.S. firms operating in the EU medical device market?
The EU medical device market is the second-largest in the world after the United States, and the U.S. is its top supplier. U.S.-based medtech organizations therefore need to remain vigilant with the latest developments related to EU MDR. According to United States International Trade Commission (USITC):
"U.S. medical device manufacturers are the biggest suppliers of the EU’s medical device market, accounting for close to two-thirds of their imports in recent years and 41 percent of medical device patent filings with the European Patent Office. The new regulatory structure created by the MDR will likely create a number of challenges for U.S. medical device manufacturers, including additional compliance costs, regulatory uncertainty, and the classification of new products as medical devices."
Previously, the EU boasted the world's shortest approval times among leading markets for high-risk devices. This has made it the primary destination for U.S. medical device exports, with U.S. companies typically amassing one-third of their revenue from the EU. However, this stringent new legislation may produce new delays in approving medical devices for sale in the EU market.
While the EU MDR will provide extra safety for EU patients, the USITC warn that "extensive delays in the EU could require U.S. firms to pursue other market opportunities or incur additional operational costs." In any instance, it is vital that U.S.-based manufacturers keep a finger firmly on the pulse of developments across the Atlantic.
Why EU MDR matters
In 2021 and beyond, we can expect to see major advances in materials analysis and testing technologies. Together, these developments will accelerate the discovery of new polymers that can be integrated into the design of next-generation medical devices.
Supplier management will also be key. By first cultivating strong, mutually beneficial relationships with suppliers and then collecting relevant chemical testing information, manufacturers will be able to choose more safe, suitable, and cost-effective materials during product development.
The medical device landscape is in a constant state of flux thanks to ongoing technological innovation and evolving regulation. The EU’s first major update to medical device directives in three decades will see a heightened emphasis on safety. By modernizing and harmonizing regulatory requirements across different regions, these emerging regulations will encourage an industry-wide risk-management approach towards defining testing plans for specific devices.
Manufacturers that sell to or within the EU market will be compelled to:
- Gain a thorough understanding of chemical and materials testing requirements
- Generate robust and appropriate biological testing plans
- Identify unknown extractable and leachable components
- Improve chemical and material characterization to establish product equivalence
- Ensure medical devices are durable and ready to deliver benefits for patients
Once implemented, compliance of the new regulations will be enforced through prosecution and penalties (including fines and, in severe circumstances, imprisonment). Poor adherence to regulatory requirements will also lead to poor brand reputation, as well as potential loss of access to materials, loss of investment, and/or loss of market share.
Though short-term disruption may follow the rollout of EU MDR — particularly for U.S. manufacturers — ensuring that products are certified and fully compliant will prove critical for manufacturers’ credibility and profitability in the long term.
The EU MDR will apply from 26 May 2021; one year after initially planned (the delay owing to COVID-19 disruption). Until 25 May 2021, the EU Medical Device Directive (MDD) and national laws will apply. If you have any questions about EU MDR, please get in touch here >


.... Liberia is a nation of laws & governed by the rule of law as opposed to the rule of men! Yet another illustration tantamount to bias, in the electoral process, is President Weah’s promise that he will give first-time voters scholarships. Come on! Come on! Is this a level playing field? Where are the President's Advisors? Do they not see or can they not read the lessons from what is happening in Sierra Leone where the entire electoral process is under review by the internationals??
A recent editorial of the Women Voices of 9 August on the status of the Farmington River Declaration (F.R.D) pointed out, that Count six of the Declaration “urged political parties to desist from engaging into actions or using languages whether online or offline that could provoke any type of violence, intimidation and human rights abuses from before, during and after elections.”
This notwithstanding, the editorial pointed out that the said Count was, in fact, violated on the first day of the October 10, election campaign.
On the contrary, that Count was, in fact, violated earlier, when the party of Cllr. Gongloe's march for sweeping corruption out of the country was met by “stone” throwing youths, allegedly of the CDC Governing Party, whose leadership, was amongst the foremost signatories of the said Declaration earlier this year on April 4, at Farmington Hotel in Margibi.
It was alleged that the Police stood by and did nothing; that (MOJ) had, in fact, been informed of the planned march. Investigation is called for on this. Indeed, it is reminiscent of last year July 26 near the US Embassy and Diplomatic enclave of the nation, of the fracas there, between university students and yet to be confirmed of private militia groups of CDC Political auxiliaries for which we are still awaiting reports.
Yet again, a short while ago, on July 26 , we had another violation evident in the national oration by Chief Zanzan Karwor - an oration which was both arrogant, and extremely divisive at a time and place that called for a message of non-violence and advocacy of peaceful elections. The oration was provocative and nothing short of what can only be seen as the very kind of speech that incites violence; hate messages similar to the “lead up” to the Rwanda genocide and about which the Farmington River Declaration cautions against.
But, even more alarming was to read in President Weah’s July 26 address, how he complimented Chief Zanzan Karwor on his oration, and I quote:
“Let me now take this moment to congratulate Chief Zanzan Karwor, Chairman of the Council of Chiefs and Elders, for the beautiful oration he delivered today. His selection to serve as National Orator on this day was in honor and respect to the Traditional Chiefs and Zoe’s of our land.
Now, my people, one must ask, how could President Weah’s advisors and team for his re-election, let him endorse so eloquently such a provocative and divisive speech which, in essence, flies in the face of his and other stakeholders' commitment to non-violent elections as per their signatories of the Farmington Declaration, by penning their names and commitment to free and fair and non-violence elections.
In short, the national oration was inconsistent with the ethos governing national orations – namely “to elevate the tempo of the patriotic spirit of all Liberians towards accelerated national action in forgoing reconciliation and solidarity of purpose, national reconstruction, and renewal, as well as making tangible recommendations for the resolution of intractable national challenges, as per any true patriot”, as stated by an eminent Liberian Ambassador.
The venom contained in that oration needs to be condemned if we are serious about the commitment to the Farmington Declaration. It was the late Irene Mensah who averred that “when one is wrong; you are wrong!”
Moreover, it is not true that the selection of Chief Zanzan Karwor made history. Far from it. In July 2009, under President Ellen Johnson Sirleaf's administration, and during my tenure as Minister of Foreign Affairs, Paramount Chief Flomo Barworor from Bong County made history as the July 26 National Orator. Is there no institutional memory in Government? Where are the President’s Advisors? They must guide the Presidency correctly.
Yet another violation of the commitment to the Farmington River Declaration is evident in the recent “Casket burial parade” of the youths of the Governing CDC. The potential for violence of that event was unacceptable and even more provocative. While both President Weah and his officials as well as opposition and others worldwide have condemned the event, we write here to say that that is not good enough.
Action in the sense of independent investigation is needed from both the National Elections Commission; the Minister of Justice & the Steering Committee for monitoring the implementation of the Farmington Declaration. We cannot just settle for verbal condemnation. These are “early warnings” – “writings on the wall” of what is to come in the lead-up to the elections on 10 October. Doing nothing means condoning the action which in turn encourages more of such.
Accordingly, the editorial of Front-page Africa of Tuesday, August 15, titled There must be Full Investigation and Accountability for all Electoral Violence is on target and very much in order. The editorial demanded immediate attention and resolute action. How we advocated for a similar investigation in our comments on the altercation by CDC’s youths at the Senator Prince Johnson church a while back. Of course, nothing was done, encouraging what is taking place today.
Here we wish to commend the very thoughtful article by Dr. Moses Blonkanjay Jackson in the Inquirer of Tuesday, 8 August, entitled Casket Politics Bane or Blessing: O Death where is thy sting? O Farmington Accord, why so soon? In that article, Dr. Blonkanjay raises a series of critical issues and questions – with which I wholeheartedly identify; extracts from which are highlighted below: “The casket signified the pre-matured death of the new-born Farmington Accord which all parties signed and vowed to eschew activities that generate violence.”
He continued as follows: “But no sooner had the Farmington been signed than CDC and UP took to the streets at the same time creating a volatile situation. As if to pour gasoline on the fire, no sooner had Farmington been born than CDC placed a photo of the presidential candidate of another party on a casket and paraded the streets, an act that would have surely birthed violence had UP reacted.”
He then proceeded to pose a series of questions: “Where is General Prince Charles Johnson and Defense Minister Daniel Ziankahn who threaten to take action on people who carried out acts inimical to peace during these elections? Suppose UP partisans had attacked the casket to peel of the photo of their Presidential candidate? Suppose the UP goes to court for some breach of the law? Suppose Hon. Yekeh Yarkpawolo Korlubah in retaliation, prepares a casket for President Weah and VP Jewel Howard Taylor and parades the streets?
Supposed CDCians chose to act against Yekeh? Where is the Secretary General of the CDC, Jefferson Koijee? Where is Chairman Morlue? Where is the CDC Campaign Chair, Eugene Nagbe? Do they support this act? When will they openly condemn it if they do not support it?” He ends with challenges to the NEC, and the LNB Association as follows:
“To NEC, is such an act a violation? What is the penalty? Where is the Liberia National Bar Association (LNBA)? Why are we silent? God forbid Liberia!!”
Here we call on the International Community/ our Partners, for a robust reaction to these clear breaches of the Declaration! In that regard, we appreciate much their consultative meetings with all the Presidential candidates wherein they emphasized their respective obligations to the Farmington Declaration. This is clearly consistent with the UN Peacebuilding support office along with the Liberian Configuration of the Peacebuilding Commission to support our nation’s peacebuilding priorities and in particular the legislative and Presidential 2023 elections.
At the same time the recent missions of the ECOWAS and AU Delegations as well as that of the Special Representative of the UNSG Leonardo Simoe office for West Africa and the Sahel in Dakar, Senegal all attest to the serious concerns for our upcoming elections, at the international level for which we are grateful. The recent call by ECOWAS and the United Nations Resident Coordinator for investigation is in order and appreciated.
Having said that, however, there is a need for more effective and enhanced electoral violence prevention action in a timely manner in response to the “writings on the wall.” Conflict Prevention and robust action are required. At Farmington, we witnessed lovely speeches and signatures. But the “writings on the wall” are essentially early warnings!” Attention to violence against women during elections which has tended to be the order of the day in Liberia is equally critical. As such, the Women’s Manifesto spearheaded by Liberia’s Nobel laureates Former President Ellen Johnson Sirleaf and Leymah Gbowee that was recently released has addressed this very issue, and should be taken seriously, and acted upon.
Indeed the treatment recently from President Weah’s security (at a meeting of the presidential candidates) of the Female Presidential candidate Sarah Beyslow Nyanti speaks to this very issue. We thank Presidential candidate Gongoloe for taking a stand that what ensued was unacceptable and his call for an apology from the President. Here we commend His Excellency President Weah for his apology made upon hearing about that assault. At the same time, we were taken aback by VP Taylor’s alleged reaction that the President did not need to apologize to which we said – no Madam VP! He needed to apologize. We understand that eventually Madam VP also apologised!
In this connection, the New Dawn Newspaper on August 14 reported that Madam Esther Davis Yango, Executive Director of WONGOSOL, the Women's non-Governmental organization secretariat of Liberia has, in turn, frowned on the recent wave of campaign violence across the country. WONGOSOL similarly urges respect for the Declaration.
We call for a conflict prevention strategy as opposed to conflict management (i.e. waiting for the disaster to happen and then action). In order to avoid a charge of insufficient and untimely reaction to these early warnings as was the charge by the independent assessment of the International community to the then “lead-up” to the Rwanda genocide. One is foreseeing serious potential for violence in our upcoming elections – an election where the need for an enhanced and Strengthened security presence throughout the country is clearly paramount and necessary.
This position of mine derives from my experience at UNDP-Africa headquarters as Division Chief for East & Central Africa including the crisis countries of Burundi; Central African Republic; Chad; Congo Brazzaville; DR Congo and Rwanda in the aftermath of the Genocide. As such one must take the “early warnings” seriously and not knock it. Concrete and robust preventive initiatives with consequences are clearly in order. While we may brag about this being the first time we are handling the elections on our own we must be real – are we able to do it? It is already evident that we have not been able to handle the violence of the first 10 days of the opening of the campaign process as well as other incidences since.
The action by the CDC on the opening day of the electoral campaign period was more than provocative. It essentially undermined everything that the Declaration pledged itself to uphold. We add our voice to others for an investigation of what happened, why it happened, and how it came about. And accountability thereafter.
Even more recently on 10 August, the violence that erupted between the CDC and Unity Party Partisans around the Vamoma House has driven home yet again the looming trouble and more violence ahead. Then there are reports of the more recent altercation in Nimba between UP and CDC leading to one CDC death that must also be investigated.
Investigations of none of these events have been forthcoming to date, While one is left with little doubt that the security capacity of the Government needs to be strengthened if we, the citizens, are to be protected during the upcoming elections. The Citizenry needs reassurance, notwithstanding the Government’s and opposition's verbal commitments to peaceful elections. In this regard, we commend the Ministry of Justice and the Joint Security Forces for the dialogue/consultations on 8 August with the political parties and their candidates. Also, the NEC consultative processes with the various political parties are to be commended. But we need more than words!
As I close, I want to recall President’s Weah special statement on Wednesday 2 August at a session on promoting peaceful 2023 elections with the theme “Building the confidence of the Presidential candidates in the workings of the NEC organized by National Election Commission, ECOWAS and the UN Liberia.
He said that the Farmington Declaration that they all signed was not just a piece of paper, but rather a solemn pledge to uphold the values of Democracy; Peace, and inclusivity through which they have promised the people of Liberia to create an environment that is free from violence and commit to free and fair elections. This being the case we want to hold the President and his party foremost to abide by his words, as well as the other Presidential candidates and their political parties.
Grave concerns in every quarter and in the media about the security situation facing our nation during the election period In view of the above-mentioned, I am appealing to Mr. President, as President of the Republic of Liberia (and not as candidate) that you prevail upon the international community to assist and strengthen our security with at least a Battalion or Company of trained officers (to be deployed throughout the Counties) to serve as a deterrent alongside our gallant officers during the electoral process, thereby enhancing our security capacity; the objective being to avoid the growing electoral violence which is a violation of the Farmington Declaration to which you are a signatory.
This would show the seriousness of your commitment both to the Farmington Declaration and that made in your meeting with the UNSG Representative from Senegal, as well as recently at the UN General Assembly. In this regard, we recall that when UNMIL was leaving, the Government was advised that they could be called upon if needed from Cote d’Ivoire. Surely our current reality, (brewing tensions and growing violence) is indicative of our need and therefore timely for such a call?
It is evident that we could benefit from the strengthened capability to provide the citizen's confidence for free, fair & non-violent elections called for if the Farmington Declaration is to be Alive! While we are aware that our ECOWAS Brothers are quite occupied with the ongoing Niger crisis, might the AU and development Partners respond? Indeed, might we, amongst others, call on the Indian Women Peace Keepers (thru the new Indian Ambassador here) who served us quite well under UNMIL? In addition, the kind of assistance that the Kenyan Police forces are currently providing to Haiti is an example of what we may wish to consider for enhancement of our security, from elsewhere.
We have urged, the President’s Advisors and the campaign management team of the Governing party, to provide factually based advice and also not put words in the President’s mouth that are wrong and provocative – the latest being President Weah’s promise to the Squatters community on Peace Island that Government will give them ownership to where they are, as the property is Governments.
This is not only biased and unfair electoral campaigning but it is provocative and completely wrong as Peace Island or Worell Island (its proper name) is not Government Property. The CDC Government is not empowered to make such a promise. Both the Land Authority as well as Lands & Mines and Public Works Ministries have the full History of that Island.
The past Government could not take it over; nor can the present Government do so by Executive Order without going through proper legal procedures – It is owned by private citizens. Liberia is a nation of laws & governed by the rule of law as opposed to the rule of men! Yet another illustration tantamount to bias, in the electoral process, is President Weah’s promise that he will give first-time voters scholarships. Come on! Come on! Is this a level playing field? Where are the President's Advisors? Do they not see or can they not read the lessons from what is happening in Sierra Leone where the entire electoral process is under review by the internationals??
Hence the basis for the question posed in the title of this article – is the Farmington River Declaration Dead or Alive? The various actions reported upon here are nothing short of undermining the Declaration and the commitment of the president and another candidate to free; fair and non-violent elections by signatories to the Declaration. In the President’s own words, the Declaration is “not just being a piece of paper, as reported above.
Let us not embarrass Mr. President further. As such it is proposed that the NEC, in concert with the Steering Committee for monitoring of the implementation of the Farmington Declaration design a strategy for response to violations of the Declaration as highlighted earlier.
In short, the NEC, other relevant Government ministers such as the Minister of Justice must pay attention to the antecedents of the electoral processes; to complaints of unfair and compromising electoral practices and processes such as promises of scholarships to first time voters to influence them as well as in the case of the squatter’s community on Peace Island mentioned above, amongst others, as indicated by relevant civil society organisations.
The “writings are on the wall”; they are, I repeat “early warning”, Finally, we must be mindful of the recent US Government reaction to the outcome of the Sierra Leone elections. There are clear lessons for us. Close to home is the recent statement by the American Embassy here on their concerns about our ongoing electoral processes while we are pleased that our international Partners are also calling for investigations and accountability of the electoral violence that is ongoing.
In this regard in ending we recall the words of the national orator of year 2000, Dr. Romeo Horton (reference the 100 Anniversary of his birth, celebrated a few Sundays ago).
Yet others have come to our aid in recent times - foremost ECOMOG and Subsequently the late UNSG Kofi Annan who sent the largest UN peacekeeping forces under UNMIL. Yet, we are once again on the verge of taking the nation backward, notwithstanding all the sacrifices made on our behalf by our fellow ECOWAS citizens; UN peacekeepers, and Liberians ourselves.
Ay mehn! Ay mehn! Where is our dignity and pride as a people? For God’s sake!
Finally, we recall the words of the late Episcopalian Archbishop of Liberia and Province of West Africa, Bishop Edward Neufville II on 13th Jan. 1998 upon the departure of the ECOMOG Peace Keepers
He said, and I quote: “The entire citizenry of this country must now become a national peace keeping force. In order to keep the peace every citizen must act and behave responsibly and respect the rule of law; where there is no respect for law and order there is bound to be tension and lawlessness in the land. As a national peacekeeping force, we Liberians must respect human and civil liberty of others”
About the Author: Olubanke King-Akerele is a Liberian Patriot and Elder as well as Former Minister of Foreign Affairs; Former Minister of Commerce & Industry; and Retired UNDP/UN Resident Coordinator and Chair of Board, Angie Brooks International Centre for Women’s Empowerment, Leadership Development, International Peace & Security as well as Executive Director, Liberia Institute for “Growing” Patriotism.
Editor's note: The views expressed in this article are the author’s own and do not necessarily reflect Daily Observer's editorial stance.


IN THE AUCKLAND UNIVERSITY COURT
I TE KŌTI MATUA O WAIPAPA TAUMATA RAU
 CRHC 1927
UNDER the Law School on Trial Series 2023
IN THE MATTER of the STUDENTS
AND the SYSTEM
Hearing: 17 July 2023
Appearances: Craccum Magazine, Torts 2021
JUDGMENT OF NEWS J
INTRODUCTION AND MATTERS OF GENERAL APPLICATION
 “The Law School is a structural disappointment… obsessed with elitism,” comment the appellants. The respondents differ, publicly boasting a Law School of “unparalleled excellence”, proven by its current QS University World Rankings as the 62nd Law School in the world, “committed to improving access to justice through excellence in teaching, research, service and engagement.” What then, really, is the reality of Auckland Law School?
 Over the coming weeks, the Craccum Court will consider three cases of interest in the overarching series termed “The Law School on Trial 2023”—Torts (LAW 231) 2021, Torts (LAW 231) 2023, and Legal Ethics (LAW 458) 2023.
 Given allegations of poor culture and equity in the Law School, this judgment will no doubt be of broader public interest. In particular, the Court draws the jury’s attention to:
- Allegations in 2016 that the culture of the Law School was discriminatory and intimidating towards women, prompting Dr Anna Hood and Professor Julia Tolmie of the Faculty to undertake an investigation into the matter. The 47-page report proved the validity of the claims.
- Allegations to The Herald in 2018 purported that the annual law camp, supported by the Law School, was rife with “rampant binge-drinking and sex”. An informal allegation from one student said a staff member propositioned her to go to his bach alone with him while on the same camp, but due to its anonymity, this was never investigated.
- Allegations in 2022 that even following Part I competitive entrance schemes, it is “notoriously and irrationally” difficult to obtain high grades. Data from an Official Information Act (OIA) request reveals that in 2022, a student was almost eight times more likely to obtain an A+ grade in Part II Law at the University of Waikato than at the University of Auckland and three times as likely at the University of Canterbury or Victoria University of Wellington. The University of Otago gave A+ grades at a nearly identical rate to the University of Auckland.
 As such, this series of cases has opened significant opportunities for evidence by the applicants (students of the Law School) and the respondents (staff of the Law School and wider University members). Many who provide evidence in this trial have chosen to do so anonymously. The Court has nonetheless gone to great lengths to ensure the validity of all evidence in this series. We encourage the jury and wider public members to remain open to all arguments the applicants and respondents raised in this trial.
CASE STUDY 1 – TORTS (LAW 231) 2021
 LAW 231 is a full-year course at the Law School, totalling 30 points of a 480-point undergraduate degree. The course is one of four major courses required to complete part II of the LLB and is predicated on passing or failing the course at the end of the year. For clarification to the jury, unlike traditional 15-point papers, this course must be completed in its entirety across two semesters. Such a course format undoubtedly lends itself to higher academic stakes—those who are unsuccessful in passing the course must retake it the following academic year and cannot enrol in compulsory Part III courses before completion.
 The Moana-Oceania Academic Initiative (MAI) group was established “to nurture and promote the desire for academic excellence” by supplementing compulsory academic courses. It runs to allow a smoother transition and assists in the lead-up to assignments and exams. It primarily comprises Pasifika students, including those who entered the law school under the Undergraduate Targeted Admissions Scheme (UTAS) programme and those under the standard admission process.
 In 2021, The MAI Torts group was given an official UoA slide to study for an assignment, and having used content from this slide, they were flagged for plagiarism and academic misconduct. Four women were immediately called into a meeting, and more would follow.
 The slides were judged too similar to the assignment, and faculty told students to resubmit due to New Zealand Law Society Council of Legal Education (CLE) requirements. Claims of plagiarism were eventually retracted, but the faculty continued to insist students resubmit the essay—in the middle of the 2021 lockdown. The faculty claimed they had no choice; however, when contacted, the council denied this was true, claiming that UoA faculty made the decision instead. By the time this was discovered, months had passed, too late to resubmit.
The Case for the Applicant
 The applicants claim that the ordeal led to a greater failure in this class. An OIA request reveals that in the 2021 academic year, there was a pass rate of 88.8% in LAW231, as opposed to 95.4% the year before and 88.1% the following year. In a course of almost 500 students annually, one student represents around 0.2% of the final pass rate. The Law School grading operates on a “grading curve”, meaning a certain number of students should receive a certain grade each year. The Court is satisfied that the numbers do not speak to greater fail rates and suggest the course has stuck primarily to the grading curve.
 However, the Court notes that the request to reveal the ethnicity of each student who did not complete the course was not granted, so it is equally possible that a larger proportion of non-completion was Māori and Pasifika in 2021 than in other academic years.
 The applicants submit that it is unfair to be punished for what is an innocent act. The mistake was the faculty’s, but the remedy is demanded of the students. As such, the students feel the process has not progressed in line with natural justice or a sense of fairness. The applicants assert that wider cultural sensitivities were also not apparent in the dispute process.
 The applicants claim that the ordeal shook their confidence and deeply affected them as a vulnerable group. Many students gave evidence that they did not feel they could share this accusation with family and stopped coming to class. Teresa Brown, a concerned student and Aotearoa Legal Union representative, led much of the negotiation witnessing first-hand the “physical and psychological impact.” Many were forced to resit the paper the following year, and the “heavy-handed manner” in which the dispute was dealt with left the overall programme, designed to enhance the abilities and outcomes of Māori and Pasifika Students, tainted.
 Students submit they were continually moved between different decision-makers, obstructed from the free transfer of information. For each meeting, a new request for information and transcripts was required. Sometimes these transcripts did not exist.
 Although the Deans acknowledged the problem should not have escalated, they made few accommodations. The applicants assert this resulted in their psychological exhaustion. The students involved became tired—they did not want to stand up to an academic head, and without dedicated leaders, they were worn down. Further, they could not have an advocate or present evidence during the process.
The Case for the Respondents
 The respondents submit evidence that a tutor in the MAI programme had discussed the assessment task with students. They assert that this had a twofold effect: first, the desire to have a separate assessment solely the work of students, and second, specific conversations in the misconduct proceedings were left untranscribed when the process was abandoned. Leading to difficulties in obtaining information.
 On wishing to keep the nature of the assessment, the faculty acknowledged the difficulties in creating a new submission for a legal essay. Still, it was believed it would be unfair to compare quiz marks to written work. These courses do not, for example, allow students an aegrotat or compassionate consideration for exams and instead mandate a resit.
 An allegation was levelled that, in the past, students had misrepresented lecturers’ information as their own and had not been punished. This allegation is contrary to the academic misconduct guidelines of the Law School, and was denied by the faculty.
 Finally, in the matter of process, the faculty would like to direct attention to the availability of the Academic Pacific Staff Team through every step of the process. Although individual students were responsible for representing themselves and carrying out the steps, they were available for assistance. Additionally, it is asserted that the process was conducted impartially and independently.
 Based on the evidence provided, the jury is directed to give a verdict as to whether the process was procedurally and substantively unjust.
Next Hearing Set: Monday, 31 July, in Issue #15.


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MEDINA, Minn. (AP) – A Minnesota man who has successfully challenged charges of riding his Segway while intoxicated is suing Medina police.
Mark Greenman says his repeat arrests amounted to harassment by police because officers knew he wasn’t breaking the law by operating the stand-up scooter after drinking at a bar near his Medina home.
The 48-year-old attorney has been cited three times from 2010 to 2012 for driving his Segway while drunk. All charges were dismissed. One was challenged and the Minnesota Court of Appeals sided with Greenman. The appeals court said that because the Segway operates below 12 mph, it falls under regulations pertaining to pedestrians, not motor vehicles.
City attorney Steven Tallen tells the Star Tribune the lawsuit is baseless. Police Chief Ed Belland said officers were acting in the interest of public safety.
Information from: Star Tribune, http://www.startribune.com


Appeal from the Superior Court of the District of Columbia; (Hon. Herbert B. Dixon, Jr., Trial Judge)
Before Ferren and Farrell, Associate Judges, and Kern, Senior Judge.
The opinion of the court was delivered by: Per Curiam
PER CURIAM: In this suit for negligence against the District of Columbia arising from an accident in which appellant allegedly stepped into an uncovered manhole, the trial court dismissed the complaint because appellant had failed to give proper written notice of the place of the alleged injury, in accordance with D.C. Code § 12-309 (1989). We affirm.
The written notice given by appellant consisted of the following letter sent to the Mayor approximately one month after the accident:
The Honorable Marion S. Barry, Jr.
Mayor of the District of Columbia
1350 Pennsylvania Avenue, N.W.
Please be advised that this office has been retained by Mr. Earnest Worthy of 4040 East Capital Street, Washington, D.C. 20019.
On or about June 27, 1987, at approximately 10:30 p.m., Mr. Worthy was severely injured when he stepped into an open manhole, the cover of which had been removed. Mr. Worthy contends that the cover was broken so that it could be easily removed by individuals not authorized to do so, and that this condition existed for some time but had not been corrected. Mr. Worthy further contends that but for the lack of maintenance and negligence on the part of the maintenance personnel his injuries would not have occurred.
This letter is being sent pursuant to requirements of Section 12-309 of the District of Columbia Code, 1981 edition, as amended, and hereby gives notice that we intend to make a claim to ...


U.S. and Canadian military aircraft on Saturday delivered tactical and armored vehicles and other supplies to the Haitian National Police (HNP) to help combat criminal gangs that have worsened a humanitarian crisis in Haiti.
“This equipment will assist the HNP in their fight against criminal actors who are fomenting violence and disrupting the flow of critically needed humanitarian assistance, hindering efforts to halt the spread of cholera,” the U.S. and Canadian governments said in a joint statement.
In a statement posted online, Canada’s Prime Minister Justin Trudeau said the equipment will be used to fight against violent criminal gangs and help improve security.
“Our two countries remain committed to supporting the Haitian National Police’s work of protecting and serving the people of Haiti. And together, we’ll continue to support the restoration of security in Haiti,” his statement said.
The equipment arrived more than a month after one of Haiti’s most powerful gangs surrounded a fuel terminal and demanded the resignation of Prime Minister Ariel Henry.
Haitians are experiencing catastrophic hunger because of gangsters blockading a major fuel terminal, U.N. officials said on Friday, with more than 4 million facing acute food insecurity.
A coalition of gangs has prevented the distribution of diesel and gasoline for over a month to protest a plan to cut fuel subsidies. Most transport is halted, with looting and gang shootouts becoming increasingly common.
The U.N. Security Council is considering creating a sanctions regime to impose an asset freeze, travel ban and arms embargo on anyone who threatens the peace, security or stability of Haiti, according to a draft resolution seen by Reuters on Thursday.
U.N. Secretary-General Antonio Guterres has proposed that one or several countries send “a rapid action force” to help Haiti’s police remove a threat posed by the gangs, according to a letter to the Security Council, seen by Reuters.
The U.S. and Mexico-drafted resolution would take note of Guterres’ letter and encourage “the immediate deployment of a multinational rapid action force to support the HNP, as recommended in the Secretary-General’s letter.”
The 15-member Security Council could vote as early as Monday on the draft resolution, diplomats said. To be adopted a resolution needs nine votes in favor and no vetoes by permanent members Russia, China, the United States, France or Britain.
(Reporting By Matt Spetalnick and Michelle Nichols; With files from The Canadian Press)