SPOKANE, Wash. — The Spokane County Medical Examiner identified the woman killed in a drive by shooting on Wandermere Road Wednesday afternoon.
Misty Hirsch, 38, died from a gunshot wound to the head, according to the medical examiner. Her death has been ruled a homicide.
The suspect, Jonathan Anderson, was charged with first degree murder, attempted murder and attempting to elude police. A judge set his bond at $1 million Monday afternoon.
Deputies said they have not recovered a murder weapon and additional charges are possible as the investigation continues.
This comes two days after Hirsch was shot in her vehicle.
Hirsch was taken to a hospital with life-threatening injuries and later died.
Spokane Co. Sheriff’s Corporal Mark Gregory said Andersen was arrested Monday near the intersection of West Rowan Avenue and North Monroe Street after a short pursuit.
Deputies say they saw Andersen leaving his apartment carrying duffel bags on Monday. He then got into his Ford Expedition SUV and left the parking lot.
Deputies tried to pull the vehicle over but Andersen fled.
Deputies chased the suspect through Franklin Park and then a sheriff's deputy's vehicle crashed into the suspect's vehicle.
The crash knocked the suspect's vehicle into a fence and then a tree. At that point, Andersen was arrested.
Deputies said on Tuesday that a check of Andersen's name revealed that he had a felony warrant for his arrest on an original charge of second-degree assault.
Video posted on social media shows an officer holding the suspect to the ground while other officers looked inside a red SUV.
Deputies say a fence, shrubbery, a parked vehicle and two Sheriff's Office vehicles were damaged, but no one was injured.
Cory Phipps lives nearby and witnessed the arrest. He described a pit maneuver that pinned the suspect's car, forcing him to surrender by crawling out of the window.
"They spun him real good, so if his mind was thinking about anything it was get my hands out the window," Phipps said. "It looked like it was going to get a little hairy. But I think the cops did a good job and the guy was quick to get out and get on the ground once he found out he wasn't going anywhere else."
Witnesses provide more info about events leading up to shooting
Deputies said witness statements provided more information about the events that may have led up to the shooting.
Through witness statements, detectives learned that Hirsch was with a friend and her boyfriend at Lowe's in North Spokane on the day of the shooting.
Witnesses told deputies that the group drove to the Wandermere area because Hirsch said she wanted to show them something. She then turned around at Glencrest and began traveling south on Wandermere when the red Expedition sped up behind her vehicle.
Hirsch slowed down and waved the vehicle by as the suspect fired gunshots, striking her in the head, deputies said. The male passenger walked away before deputies arrived on scene.
Information obtained during interviews indicates that Hirsch approached Andersen in the parking lot of a car wash near Lowe's before the shooting on July 7, deputies said. She gave him a purse and said something to the effect of it being a mistake to take it.
Deputies said Hirsch then returned to her vehicle and drove away.
Andersen then began following Hirsch, who tried to lose him but was unsuccessful.
Police said Andersen admitted to using methamphetamine and said he had not slept for a prolonged period of time, deputies said. He denied heroin use but admitted that he carried it around after detectives found several baggies of a substance believed to be the drug at the time of his arrest.
Deputies said Andersen denied involvement or knowledge of the shooting but said he did know about the stolen purse, which investigators believe belongs to his fiancée.
Possible suspect in deadly Wandermere shooting arrested
Anyone who witnessed this incident and has not been contacted by law enforcement, or can provide any information, is urged to call Detective Keyser at 509-477-6611.


A disturbing, although long existing trick, tactic, or whatever title you may wish to call it, is the use of the phrase ‘stop resisting’ by police, to, on the one hand ensure that they at least ‘warned’ the suspect that he/she should not resist the officer(s) who are in the process of making an arrest, or detaining them, or on the other, to ensure that if the suspect turns out to be innocent, then at least the police can extort money and give the person a criminal record, which will subsequently make it easier for the person to be arrested in the future(anyone who has a previous conviction will be on their database, regardless of the nature of the offence).
This ‘trick’ has long given law enforcement the power to carry out what is their ultimate aim, which is to register all ‘undesirables’ on the system. (There of course, will be several groups you will never see on the ‘system’). When I was younger and used to watch people being arrested on American TV,(They do not currently do this in The UK, but I am sure they will follow suit, as always) I could not understand why they did this, but it slowly became crystal clear.1. Cover your arse. 2. Add another charge to the list. 3. Document more people. The Police have long used their powers to detain people as a part of their ‘whims’, and all arrests have to be written up and justified. Justification, if all else fails is the ‘resistance’ clause ( I call it a clause, as it exists, but is written in ‘invisible ink’ which appears and disappears at random). Another in this list is the ‘disobeying a
police officer’ (how can you disobey an illegal command if you haven’t done anything illegal?). Another of the ‘invisible ink’ clauses. This is often encapsulated in the ‘response time’ clause, which identifies the time to respond to the instructions. Anything less than 0.0001 milliseconds( slight exaggeration, but not too off the mark) is deemed as non-compliance, even though in this type of situation (surrounded by police, with possibly guns drawn) citizens must act 100% rationally and do nothing deemed even slightly unusual. Citizens are not ‘trained’to do this, as these things either: do not happen to us, or happen once in a lifetime, but that is irrelevant. It is just another way for the authorities to exert their authority. Therefore in the report ‘the suspect failed to follow my commands’ can be used as a justification for action. Despite the fact that the suspect ‘did’ follow commands, but not in ‘the twinkling of an eye’ The next tool is the resisting arrest. This can be added to the list, if the other charges fail. This is a slam dunk for most officers, as they know many people will fight charges, but this ‘safe bet’ is just slipped in there to; make the person arrested appear to be of violent character, as ‘resisting’ is a physical action. Along with ensuring that they collect more citizens toll money ( charges for existing), and as judges seem to ignore most circumstances, this is virtually guaranteed revenue.The recent events in America to change laws, make police officers more accountable, along with calls to defund them( which is one aspect I am not fully in agreement with. We do need them, but in a different form), will have the necessary affects people, especially minorities, are seeking. Removing a president who ‘appears’ to be racist, should be the 1st step.
Another step would also to be to change the recruitment policy to ‘non-psychopathic’ applicants, as this seems to have been overlooked in the majority of cases.


Mumbai Police's Crime Branch on Friday informed that it is now looking for underworld don Dawood Ibrahim's aide Riyaz Bhati who has been named in the FIR against former Mumbai Police Commissioner Param Bir Singh in an extortion case. "Riyaz Bhati's name is also mentioned in the same FIR which has been registered against Param Bir Singh in an extortion case. But Bhati has disappeared since the crime branch called him for interrogation," the police said.
The police further informed that Bhati filed an anticipatory bail application in September this year which was rejected by the sessions court. "While dismissing the plea, the court said that custodial interrogation is necessary in this case," the police added.
Police alleged that Bhati used to collect money from bar and restaurant owners and send it to suspended Mumbai Police officer Sachin Waze.
Earlier on October 9, the Crime Branch of Mumbai police sent an inquiry notice to former Mumbai Police Commissioner Param Bir Singh, in connection with an extortion case.
"An inquiry notice has been sent to Parambir Singh asking him to appear before the police on October 12, " Mumbai police said.
The Crime Branch of Mumbai police passed a notice at Parambir Singh's Mumbai residence and a team has also gone to Haryana to give him notice at Haryana residence.
A case of extortion was registered on July 23 against Parambir Singh, Sachin Waje and others at Goregaon Police Station, whose investigation was handed over to the Mumbai Crime Branch.
It was the second case of extortion in which Param Bir Singh has been named.
The Enforcement Directorate had earlier summoned the former Mumbai Police Commissioner to record a statement in connection with the Rs 100 crore money laundering case against ex-Maharashtra Home Minister Anil Deshmukh.


World Oakland pharmacy hit by mob of thieves in brazen robbery caught on camera
Dozens of San Francisco area stores, pharmacies hit by smash-and-grab looters: 'Hurts us all'
Thieves ransacked at least two dozen San Francisco area businesses over the weekend , as smash and grab incidents rage in the Bay Area. "At least two dozen businesses were impacted," Oakland Police Chief LeRonne Armstrong told CBS SF. "Roving caravans of vehicles, targeting cannabis operations, retail shops, pharmacies, throughout the city of Oakland." The mobs of thieves hit a handful of pharmacies and marijuana dispensaries in Oakland, including the Wellspring pharmacy that released surveillance video of the scene to the media.
Anpharmacy on Saturday became the latest business in the Bay Area to get hit by an organized .
The brazen attack on the Wellspring Pharmacy was caught on video footage obtained by Fox News. It happened just before 7:40 p.m. Saturday according to the time stamp.
A large group of robbers can be seen tightly packed into a crowded space, rummaging through shelves, and grabbing handfuls of items before fleeing the scene.
Many are wearing black hoodies and masks, while others stand on counters.
The Oakland Police Department told Fox News that investigators are still collecting information about the robbery.
Rampant smash-and-grab theft part of failure to prosecute criminals, tolerated by officials, experts say
A rash of brazen nighttime organized retail thefts in several U.S. cities in which thieves have been seen ransacking stores and making off with handfuls of cheap and luxury merchandise is the culmination of a failure to prosecute criminals and the normalization of such behavior, according to experts. The most recent incident occurred Monday when a mob of at least 20 people smashed windows with a sledgehammer at a Nordstrom department store at The Grove, a popular shopping and entertainment complex in Los Angeles, and stole thousands of dollars worth of goods, police said. At least three suspects have been arrested.
The Wellspring Pharmacy was not available for comment.
Police told Fox News that the pharmacy robbery was one of "nearly two dozen robberies and critical incidents that occurred Saturday."
Over the weekend the Bay Area sawransack a Nordstrom and a Louis Vuitton over a 24-hour period.
Multiple people broke the windows of the Louis Vuitton Friday night and "emptied out" the store of its high-end merchandise. Eight people were arrested in connection to that looting.
The next night, about 80 people dressed in ski masks armed with crowbars stormed a Nordstrom location in Walnut Creek, about 20 miles east of Oakland.
Fox News’ Emma Colton contributed to this report.
Washington state seeks public's help in identifying a pair of brazen bank robbers .
Washington state police are asking for the public's help in identifying two serial bank robbers who have become increasingly violent and are believed to be behind more than half a dozen heists authorities said.One of the suspects struck the Sound Credit Union Nov. 9 in Bellevue, Washington – an upscale city that is part of the Seattle metropolitan area.


Q: How should a borrower account for federal taxes when determining its payroll costs for purposes of the maximum loan amount, allowable uses of a PPP loan, and the amount of a loan that may be forgiven?
A: Payroll costs are calculated on a gross basis without regard to (i.e., not including subtractions or additions based on) federal taxes imposed or withheld, such as the employee’s and employer’s share of Federal Insurance Contributions Act (FICA) and income taxes required to be withheld from employees. As a result, payroll costs are not reduced by taxes imposed on an employee and required to be withheld by the employer, but payroll costs do not include the employer’s share of payroll tax. For example, an employee who earned $4,000 per month in gross wages, from which $500 in federal taxes was withheld, would count as $4,000 in payroll costs. The employee would receive $3,500, and $500 would be paid to the federal government. However, the employer-side federal payroll taxes imposed on the $4,000 in wages are excluded from payroll costs under the statute.


After weeks of discussion on a bill that would restrict students from talking about their sexuality in Missouri public schools, Republican state lawmaker Zach Wyatt decided he'd had enough. While it's virtually impossible for the bill to pass through the General Assembly at this point, Wyatt nonetheless called a press conference. He lambasted the bill—and then came out as gay.
It's only a week until Wisconsin Democrats decide who will be the challenger in the gubernatorial recall that's grabbed the national spotlight. But while the polling shows a tight race between Governor Scott Walker and the two leading Democratic candidates, the numbers are out and the war for dollars is already won. Walker's a national favorite for conservative donors.
The fight over voter identification laws generally gets debated over two major questions. 1) How important is it to stop in-person fraudulent voting (despite virtually no evidence that this is a problem)? And 2) How important is it to protect access to the ballot, particularly for those who have faced discrimination in the past? Poor and minority citizens are less likely to have photo IDs, meaning the laws may suppress voting among vulnerable communities. Though there are obvious partisan implications, voter ID debates are generally moral debates about the nature of voting and citizenship.
But in Ohio, where lawmakers are considering a strict photo-ID requirement, one think-tank took a different approach: Just how much will this whole thing cost?


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Since last March 1st, in 2016, a new law has come into effect. This law tries to facilitate the obtaining of a crimes of a sexual nature certificate for citizens that work close to minors. This certificate gives credit to the lack of criminal records of this type. The main objective is to protect children from sexual aggressors convicted by a final judgement, in Spain as well as in other countries, and, in turn, to favour the international police cooperation against these crimes. Only at a national level, more than 43.700 people have criminal records related to these types of crimes.


LAW Intellectual Property: Scientific Evidence in Patent Litigation
Intellectual Property: Patent Law
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Intellectual Property: Scientific Evidence in Patent Litigation
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[ Litigation ] Intellectual Property: Patent Law
Why it is relevant for ...
[ Litigation ] as a Foundational Course : The ability to use evidence at trial, whether witnesses, documents or illustrative evidence is key for any litigator. Scientific Evidence and Expert Testimony explores the use of scientific evidence in cases where the science is complicated but not itself in dispute. This can frequently be the case in IP litigation.
General course Description:
(Same as GENE 243). This seminar will explore the role of scientific experts in patent infringement litigation. The class will have a mix of law students and doctoral candidates from the sciences and engineering. The law students must have some familiarity with United States patent law from classes or work experience. The graduate students must have completed their required coursework and have TGR status. In other areas of the law where scientific experts are used -- medical malpractice, environmental law, criminal law -- the science itself is often in dispute. In patent cases, however, the parties generally agree on the science. This affects the relationship between the lawyer and the expert and the substantive content of their interactions. Patent experts need to be able to explain science to the judge and jury, of course. But they also must help the litigators to choose which legal issues to press and which to concede, and to be aware of how the complications of the science might help, hurt, obscure or reveal how the law should be applied to the facts. Thus, both the lawyer and the scientist must educate the other about their specialties. For the first several weeks, the class will examine judicial decisions and trial documents involving scientific evidence in patent litigation. The rest of the quarter is largely devoted to work on the final projects: simulations of expert testimony in a patent case. Students will work together in teams an will meet regularly with the instructor in order to: select suitable patents; identify a balanced issue on either validity or infringement; prepare claim charts and materials for testimony; and give short, illustrated talks to inform their classmates about their projects. Finally, they will choose sides (patent owner or accused infringer) and finetune their presentations. The simulations will be performed at the end of the quarter before panels of practicing patent lawyers.
Course Style: An Experiential course is one in which students undertake tasks derived from or akin to those done by practicing lawyers.
Course Frequency: Offered once a year


...."The last thing in the world I want to do is show the world what he did to me... But if I don't, he and others like him will continue... It was a tremendous feat for a member of the Rhode Island law enforcement team to be convicted... It is commonly thought that police are corrupt, and that cops are immune from the law, so this was a big step forward"...
Victim of Abuse Speaks at Domestic Violence Vigil
Student weekly of Providence College
By: Kylie Lacey '11
Issue: November 6, 2008
[Excerpts] The Department of Sociology and Women's Will brought a special guest, Officer Tori Heaton of the Cranston Police Department, to share her story of domestic violence on Monday, Oct. 27 in Feinstein 400. Whitney Henderson '09, president of Women's Will, explained the reason for bringing Heaton to Providence College... "Everyone has the idea that domestic violence happens to other people, and that's not true. It's everywhere. Tori [Heaton] shows that the person who seems the least vulnerable, a police officer, can be abused." Another member of Women's Will, Kelly Sheehan '11, thought the perspective from a police officer was interesting. "I think it's terrible, yet fascinating, that this could happen to someone who is supposed to be able to protect herself," she said. "It shows domestic violence really can happen to anyone"... Besides her work as a domestic violence detective for the past 10 years, Heaton has volunteered at the Sojourner Truth House, working with groups of survivors of violence. "The great thing about Sojourner Truth is that it's a task force, which means it's not bound by political funding," said Heaton. "It's just a group of the effected affecting change." Heaton grew up in a single-parent home on welfare. Her mother was an alcoholic who fell victim to abuse from her second husband... "She got into more and more abusive relationships," said Heaton. "I knew that I was smarter than that"... Heaton met her husband, fellow officer Joe Fillion, on the force... The two married in 1998, but Heaton insisted that she should have seen the trouble coming. "Three months before we married, he attacked me," she said. "It's amazing how you want to believe it will never happen again." The day after they got back from their honeymoon, he beat her on a flight of stairs in their home and put a gun to the back of her head. "Tori [Heaton] the police officer knew the warning signs, knew what was wrong," she said. "But I just couldn't face it." After the two had been married for eight months, he injured her arm and Heaton was able to obtain a restraining order. He was arrested and charged with domestic assault, but Heaton still wanted to make their situation work. One night, while they were officially separated, Heaton invited a high school friend over to her home for a drink. Fillion came over unannounced and assaulted both Heaton and her friend. He grabbed Heaton by the hair, pushed her to the ground, and then proceeded to knock her friend unconscious and break his jaw. It was at this point that Heaton knew she had to take serious measures. "The last thing in the world I want to do is show the world what he did to me," said Heaton. "But if I don't, [he] and others like him will continue." Heaton brought Fillion to trial, filing 13 charges against him, including a felony that meant, if convicted, he could spend 20 years in jail... According to Heaton, Fillion's lawyer tried to paint her as a drunk, promiscuous woman who was asking to be abused. "They portrayed me as a liar," she said. "As a person with a control issue." Fillion was eventually convicted of six of the charges and acquitted of the rest. He was sentenced to three years in jail but was released after 18 months. "How do you think that made me feel?" asked Heaton. She did point out, however, one aspect of the trial that made her feel hopeful. "It was a tremendous feat for a member of the Rhode Island law enforcement team to be convicted," she said. "It is commonly thought that police are corrupt, and that cops are immune from the law, so this was a big step forward." [Full article here]
Police Officer Involved Domestic Violence. Lighting a candle of remembrance for those who've lost their lives to domestic violence behind the blue wall, for strength and wisdom to those still there, and a non-ending prayer for those who thought they had escaped but can't stop being afraid.
PINNED POST. CLICK HERE: Keeping these 3 videos of officer-involved domestic violence fatalities on top from now on...
Officer-Involved Domestic Fatalities - 1 Officer-Involved Domestic Fatalities - 2 [WA] Tragedy Will Occur If They Don't Have ...
Sunday, November 9, 2008
[RI] Detective Tori Lynn Heaton shares her officer-involved dv past with others
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Q1: (500 words)
The right to privacy is a commonly discussed theme in the United States. The word privacy, however, does not appear in the United States Constitution even though it is explicitly listed as a right in the constitution of several states. Is this one of the “rights” guaranteed by implication in the constitution? In addition to the existence of a right to privacy, we need to consider its scope. Does the right to privacy imply a right to ______ (for example, abortion or to contraception, or for assisted suicide, etc.)
For this discussion choose one topic ( the one I choose is right to use contraception) found in Chapter 3 starting on page 48. Do we have a “right” to privacy and what does this mean? Is there a legal right to privacy? A moral right to privacy? Support your stance with theories and terminology from the assigned reading.
Q2: (500 words)
The Harm Principle states: “The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant” (Ethics 1st Edition, p. 81).
Given this definition consider legalized gambling and a person that has an addiction to gambling. You next door neighbor, Sarah Jones, has been going to Bingo 7 nights a week and stays about even with money spent versus money won. She has done this for over 3 years. Recently, she has started going to the casino after Bingo to play the slots. Over the past six  months she has lost over $85,000. She has taken a second mortgage on her house, she has a note on her vehicle which was paid in full, and she has started selling items out of her home. She has three  minor children and besides not being at home in the afternoons or evenings she does not always have enough nutritious food in the house. There are lots of cereals, microwave meals, and "junk" food. Her children do not always have clean clothes and often get to school late in the mornings, something that had not occurred in the past.
Does the Harm Principle apply to Sarah and her behavior?
Ethically do you feel should do something, take action? What and why? Or if not why not?
Morally do you think a next door neighbor that observes minor children at risk should take some action? Why or why not?
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Property legal rights for selection range makes more sense always
Has the National Communications Fee finally figured out its tutorial on range management?Typically the FCC began procedures yesterday that would OK Pan Network's want to use latest spectrum to construct a terrestrial 4G LTE special broadband network. The actual rulemaking follows typically the agency's earlier sexual rejection of Dish's request a waiver for license problems, which restrict using the selection range for anything at all other than satellite-based plans.The decision to advance with the more relaxed but alot more formal system was certainly motivated just by the brand-new fiasco connected with LightSquared. In Jan personal income 2011, the particular FCC granted LightSquared a new waiver similar to the you requested by simply Dish, and also to build a ground-based cell network utilizing spectrum right now limited to satellite television applications. Which usually decision was cursed. After the waiver was granted, both government and personal parties lamented to the FCC that will LightSquared's spectrum sits too all around bands useful for some Gps device devices and would likely produce interference. Found in February of this year, the particular FCC reversed on its own, suspending LightSquared's waiver indefinitely. The firm, which has witout a doubt spent $4 zillion building its network, comes with since forfeited its Top dog and key partners, and additionally faces some sort of uncertain upcoming.Meanwhile, congressional Republicans lifted concerns the fact that initially first rate treatment of LightSquared seemed to be motivated by means of undue and also potentially unlawful political tension from the Vibrant House. Up to date, the agency has rejected to release records related to all of the waiver demanded by way of Sen. Chuck Grassley (R-Iowa), who has got placed supports on couple of pending nominees in to the FCC. The FCC is operating along with a bare minimum of only two commissioners, and the stalemate is free of end in experience.Both the LightSquared and additionally Dish proceedings highlight all of the growing chasm between your needs connected with mobile consumers and the FCC's plodding and often politicized processes for assortment management. Whenever the mobile movement is to maintain without being interrupted, Congress needs to make sweeping changes in order to how the office operates.Micromanaging assortment doesn't work Yesterday's rulemaking reflects typically the FCC's admirable work to satisfy exploding demand for mobile broadband. Since the intro of theiPhone throughout 2007, mobile use has exploded at a good unprecedented pace. According to the FCC's The year of 2010 National High speed internet Plan, your agency have got to allocate yet another 300MHz of understandable spectrum by just 2015 to head away from serious community congestion along with the possibility of downturn for the fast-growing phone services enterprise. Reallocating satellite selection for a innovative 4G LTE network would have been a significant measure toward preventing an certain "spectrum crunch."But although a formal rulemaking lessens the kinds of procedural and political issues tormenting the LightSquared package, it also implies Dish need to wait a few months or greater before beginning build-out of network. The actual rulemaking may not be determined until the end of these year or later, dependant upon responses the particular agency is provided with for its asks for for public comment on quite a few technical issues. The delay services neither customers' appetite to get more bandwidth as well as the FCC's goal involved with expanding cell phone competition.Corresponding storiesFCC paves the way to have a Dish 4G LTE networkLightSquared will continue to fight just for survivalUpcoming FCC decisions that will shape selection policyAverting a pole disaster: At this point for the complicated partLightSquared blew it, and even here's whyThe legitimate problem is a FCC's licensing structure. Under decades-old insurance plan, the company assigns spectrum to various applications together with geographies through permit that significantly restrict the correct way and by with who different frequencies can be used. (Right now, the office manages over 50,000 the necessary licenses, and doesn't actually have a complete supply.) The boundaries, however, are formulated more to help you shape unique industries for the FCC's idiosyncratic vision from what's best for ones "public interest" rather than to attenuate technical issues such as disturbance. This command-and-control system can't stay abreast of technology and consumer must have that improve faster regularly. As a result, all the FCC has become a bottleneck for effective system design and even management. Just as FCC Commissioner Robert McDowell has written in Wednesday's proceeding, "The Commission includes a checkered history of micromanaging array use only to search out years in the future that practical innovation and then market expectations have advanced past the united state's myopic enjoy."Regardless of the results of the proceeding, collisions regarding innovation and then outdated FCC insurance plan are certain to accelerate. New functions and instruments for mobile services will continue to develop within an snapping pace. However FCC's capacity to change existing the required licenses and proportion is limited and slow. A LightSquared fiasco as well as the delay involved with Dish's efforts to develop a competitive special broadband network with the help of existing selection underscore McDowell's queries. Assigning assets rights to be able to spectrumWe need a long-term alternative that creates a chance for rather than impedes rapidly changing interest in our important and restrained spectrum methods. Fortunately, a better approach is actually. And remarkably, it was first projected over 50 rice, in a seminal article by economist Ronald Coase. This article, titled basically "The Federal Speaking Commission,Inch was publicized in 1959. The findings were definitely key to Coase's currently being awarded that Nobel Prize found in 1991. (Coase recently popular his 101st birthday.)Coase argued which often instead of granting inflexible the necessary licenses based on soft "public interest" priorities--often warped simply by political influence--the govt should simply auction variety to the strongest bidder. Under Coase's plan, all the auction victorious would be allowed full components rights to make sure you specific frequencies. The owner can then use the spectrum however they saw suit, and could later resell this without united states government oversight or approval. The us government would mainly step in when serious concerns of antitrust came about. We need a fabulous long-term solution which will facilitates and not just impedes rapidly changing demand for the valuable in addition to limited assortment resources. However, a better tactic exists. Along with oddly enough, it was first proposed 50 years ago.(To ensure government agencies failed to hoard range better made use of by consumers, Coase put forward the proposition that fed agencies should also be required to cover their array allocations, although payment would definitely effectively end up to another element of the government. That proposal hasn't ever been placed into effect; right now, federal firms hold considerable swaths of abandoned or underutilized variety, bearing out Coase's concerns.)Spectrum auctions in addition to property defenses represented an important radical different than the system which were in place before the FCC ended up being founded when it comes to 1934. Before and also since, licensees paid smaller or nothing with the exclusive legal to wavelengths. Allocations use transient and they sometimes unarticulated views by way of the agency regarding what is perfect for the public attention. Licenses, in spite of this, come with intense limits. And once allocated, frequency allocations usually are locked into specific software programs that often evolved into obsolete. As the FCC rarely won't renew the required licenses, spectrum grew to become splintered and significantly inefficient. Without property rights to selection range, secondary industry for transferring licenses have fun a limited part in speeding up the change provided by old for you to new technologies. To begin with, the FCC should approve most transfers. Even if they do, this new licensee is still always going by the whole set of old regulations.Under Coase's approach, spectrum holders wouldn't have to have a waiver or a formal rulemaking to trade their share or utilize it for new software. Consumer request would ascertain the best entry to limited information, just as it in unregulated industries. Whenever Dish or even LightSquared had your unrestricted ability to use his or her's allocation from spectrum to help best offer their customers, for example, none of the costly delays and then expensive machinations at present gumming up the runs would be appropriate. Despite these types of limits, Our lawmakers and the FCC unnoticed Coase's proposals until such time as 1994, in case the FCC finally began the process of auctioning range instead of merely giving it away. But the auctions winner continue to only gets a limited-use license. The agency can also have a hard time trembling old routine. It often restricts auction qualification to appearance the competitive landscape for emerging sectors, and connects unrelated factors to entitlements. Both practitioners limit the ability of winning bidders to relocate the permit to a future user exactly who might say it to better usage. A market-based means to fix possible interferenceOne case for the FCC's command-and-control product that it ensures the service has the ability to criminal potential disturbance issues, shielding investments through network affiliates and purchaser device providers. But Coase's building rights idea also needed into account the possible problem in conflicting applications and possibility interference together with proposed an effective and elegant method. Reviewing the initial history of car radio, Coase acknowledged who without real estate property rights and also regulation of any kind, it had not been long before damage reigned. Still he additionally demonstrated that licensing tiny slivers regarding spectrum not to mention severely restraining its use or shift was a high-priced and unproductive solution to prospective interference. Rather, Coase argued that once property legal rights were identified and original allocations established by promote, interference matters would be managed just as other concerns of disagreeing property the law had always been resolved. A parties might start by working to negotiate the very best that reduced damage really being caused by often or the two of you to the house of the various other. If discussions failed, the particular legal system continued to wait in the wings, having a established laws of risk developed by way of precedent. The backstop in the courts might encourage the get-togethers to settle.Seeing that Coase argued right here and in afterward articles, enforceable real estate rights ensure that the special event that most morals its ongoing activity is going to win in dispute around interference. From the classic model, Coase showed which the law acquired default protocols to determine once railroads were liable to neighboring farmers for foliage damage caused by sparks. If ever the railroad was first liable, it can either purchase the damage or maybe take steps in avoiding it, regardless which was cheaper. If the railway was given the right to pollute, Coase contended, the result is the same, with the exception that the grower would have to fork out to stop it--but as long as that was more affordable than the price the damage. In any event ., property legal rights and a clean rule associated with liability be certain that the net expenditure to the current economic climate is decreased, and not having incurring the further cost of a pricey and possibly corruptible regulator.Indeed, your LightSquared problem is a great example of Coase's basic principle. LightSquared argues that it is network would definitely only hinder GPS products that weren't carefully manufactured to ignore signal outside their allocated collection. Regardless, irrespective of whether LightSquared needs to minimize its system wildstar power leveling
to accommodate these devices as well as whether Device manufacturers must redesign upcoming devices to get more selective would be managed through negotiations on terms between the celebrations. Coase argues by using clear residence rights, the best solution could ultimately triumph. Under a home rights brand, in other words, a possibility necessary for all the FCC to determine however, if LightSquared or the Device manufacturers produces the problem. (A long way, the company has sided first along with LightSquared and now aided by the GPS producers, leaving most people worse away.) If the celebrations failed to access a discussed solution, basic liability procedures would allot the costs influenced by relative carelessness, approximating what the negotiate well had couldn't establish. The house approach is without a doubt neither ideal nor costless, but Coase confirmed its efficiency over the FCC's longstanding system of regulation based primarily largely at the undefined "public interest.In . Instead, Coase thought interference defenses should be delimited partly by rules and in piece by typical liability requirements. The role played simply by each, Coase suggested, "can be cleared only according to practical experience.Inches But, he continued, "There is useful reason to believe that the present system, that will relies entirely on control and in which private assets and the savings system play the game no element, is not the solution."The FCC's expensive bungling from LightSquared represents typically the "present system" at their worst. Perhaps even at the country's best, a method that controls uses, limits bidders, plus resolves combats entirely throughout regulation together with adjudication by a one-time federal institution has successful an disfunctional and anachronistic way for you to manage array. The last Half a century have only underscored typically the wisdom about Coase's proposal to take the FCC out of the day-to-day error of ever-expanding purposes for spectrum and also potential conflicts between individuals.Treating array more while property and much less as the wish of a grumpy FCC is key to assist you to ensuring possible innovations have chance to take their rightful place in the amalgamation of instant services. Gradually, the FCC together with Congress have got accepted quite a lot of Ronald Coase's recommendations. Whenever new wireless technologies have any hope with succeeding in the following 10 years--let by itself the next 50--we'll will need to speed up particles adopting most of them. And very quickly.
Property protection under the law for selection makes more sense regularly
- 2014/06/04(水) 16:50:29|


Important Deadlines in Oregon Personal Injury Claims
If you think you have a personal injury claim, call one of the attorneys at Clark Law and Associates, LLC at (503) 238-1010.
Statute of Limitations
The statute of limitations is the deadline to file a lawsuit. If you do not file a lawsuit by the deadline you will likely be barred from recovering any compensation for your injuries. There are limited exceptions. For instance, if there is a written tolling agreement then the statute of limitations can be tolled per the agreement.
Oregon Statute of Limitations
Under O.R.S. 12.110(1), the Oregon statute of limitations for personal injury cases is generally two years. However, there are some exceptions under ORS 12.110(4)(5). Unfortunately, if you miss your statute of limitations no lawyer can help you win or settle your personal injury case.
Oregon Tort Claim Notice
If your injury is due to a governmental agent or employee, tort claim notice under ORS 30.275(2)(b) must be submitted to the proper agency(s) within 180 days to bring any Oregon state law claims.
Oregon Dram Shop Notice
If your injury is due to a drunk driver because a bartender served too much alcohol, you must give the bar proper dram shop notice within 180 days for cases not involving death and within one year after a death due to a drunk driver under ORS 471.565(3)(b). There are some exceptions allowing for reasonable discovery.
Product Liability Claims Deadlines
Under ORS 30.905 there are additional deadlines in product liability claims, which is generally 10 years after the date the product was first purchased. In wrongful deaths due to a product defect, it is the earlier of 3 years from death or 10 years after the product was purchased. However, the latest version of the statute should be reviewed for details in relation to any particular case.
ORS 12.110 provides even more deadline guidance on cases, such as malpractice claims, which is generally 2 years from the date when the injury is first discovered or, in the exercise of reasonable care, should have been discovered.
What is the statute of limitations in Washington State? Under RCW 4.16.080 the statute of limitations is generally three years in a case for personal injury. However, there are some exceptions.
Note: This information is generalized information only. The Oregon legislature changes the law from time to time, so it is best to call (503) 238-1010 so an attorney can determine your deadlines after hearing the facts of your particular case. When our office declines a case due to a statute of limitations issue, it is our general policy to refer cases to the Oregon State Bar referral or an applicable Washington State referral for a second opinion about issues involving deadlines or to find counsel who is available to meet last minute deadlines.
Wrongful Death Deadlines
Statute of limitations for a wrongful death claim in the state of Oregon: For most claims, a wrongful death lawsuit must be filed within three years of the deceased. However, exceptions apply: See ORS 30.020(1)(a) and ORS 12.110. Wrongful death are also limited by statutes such as ORS 12.110, 12.115, 12.135, 12.137, meaning there is less than three years to bring a wrongful death claim. Under ORS 30.275(9) if a wrongful death is caused by a State of Oregon employee, there is a two-year statute of limitations. Other Oregon personal injury claims not involving a death generally have a two-year statute of limitations. It is best to file a wrongful death case earlier, rather than later.
When is tort claim notice within one year required for a wrongful death? When the wrongful death is because of a government agent, tort claim notice under ORS 30.275(2)(a) must be given within one year after death. Additionally, if the death is because a drunk driver killed the deceased because a bartender served the deceased too much alcohol, one must give proper dram shop notice within one year under ORS 471.565(3)(a). Under ORS 30.905 there are more deadlines that apply to product liability claims. ORS 12.110 provides even more deadlines on cases, such as malpractice claims. The Oregon legislature changes the law from time to time, so it is best to call (503) 238-1010 so an attorney can determine your deadlines after hearing the facts of your case.


Immigrants who are granted permanent residency status are issued green cards, which documents legal residency in the United States on a permanent basis. With permanent residency, immigrants are accorded the right to live and work in America.
Permanent residency– technically referred to as lawful permanent residency (LPR)– refers to an immigrant’s visa status. Immigrants applying for permanent residency status can do so either through consular processing while outside the United States or through an application for an adjustment of status while inside the United States.
Permanent resident visas can be issued by the Department of State (DoS.) In these cases, applicants work with U.S. Consulate offices in various countries around the world. With consular processing, individuals who are granted approval of an immigration petition and who have an immigrant visa number immediately available can apply for admittance into the United States as a permanent resident.
For those who are inside the United States and who hold nonimmigrant visas, U.S Citizenship and Immigration Services (USCIS) allows requests for adjustment of status. With approval of this adjustment of status request, USCIS can grant permanent residency status.
Regardless of whether an applicant requests permanent residency from outside or inside the United States, the same requirements apply. In all cases, an immigrant is required to have:
- Eligibility in one of the immigrant categories established in the Immigration and Nationality Act
- Qualifying immigration petition filed and approved– though some exceptions are allowed
- An immediately-available immigrant visa
- Admissibility into the United States
The majority of permanent residency requests are sponsored by U.S. citizen family members s or by U.S. employers. However, other categories as well as a number of other special provisions– including an immigrant’s status as an asylee or refugee– also allow for immigrants to apply for permanent residency.
Those who are considering permanent residency in the United States most effectively expedite the process with a comprehensive understanding of eligibility requirements and the various permanent residency– green card– categories. Other factors– including visa availability– also play a role in the U.S. Permanent Resident process. USCIS offers further guidance on this topic on the “Visa Availability & Priority Dates” page.


Don’t worry, totally non-biased.
JERUSALEM — The appointment by the United Nations of an outspoken critic of Israel to head a commission investigating alleged Israeli war crimes in Gaza has been termed “a complete travesty of justice” by Israel’s ambassador to the UN.
Ambassador Ron Prosor was protesting the appointment of William Schabas, a Canadian jurist and lecturer on international law, to the post.
In a letter to UN Secretary-General Ban Ki-moon, Prosor said: “In light of his hate-fueled rants, one doesn’t need to be a fortune teller to predict the outcome of any inquiry led by Mr. Schabas.”
In a tape shown on Israel’s Channel Two last night, Schabas is heard telling colleagues last year that the person he would most like to see tried by the International Court of Justice in the Hague was Israeli Prime Minister Benjamin Netanyahu. He also suggested that then Israeli President Shimon Peres be tried.


de facto merger
- It refers to a combination of companies that looks very much like a merger, in which one company issues shares to the company it's absorbing rather than buying its assets with money. The shareholders, directors, and employees from both companies continue to participate and the acquiring company assumes the liabilities of the company it's taking over
- In a de facto merger, the absorbing company usually takes over all liabilities and obligations of the absorbed entity.
- Despite not being a traditional merger, the company took over another in a de facto merger by issuing shares to the other corporation.
- The stockholders, directors, and employees of the absorbed company continue to hold their positions in the acquiring corporation after a de facto merger.


Services of a Worker’s Compensation Attorney – Secure Your RightsVaughan Law Group
Orlando, FL – A worker’s compensation attorney is a lawyer with specialization and expertise in handling different cases related to ensuring the provision of legal rights and claims of an individual injured at the workplace.
Workers compensation attorneys offer their expert legal services to ascertain that the workers and employees injured during work are compensated for their injuries and the damages they sustain while engaged in work at the office premises. Some employers tend to ignore the legal rights of their injured employees and deny them the benefits that they become entitled to in the event of sustaining a serious injury at the workplace.
The workers compensation attorneys serve as an effective source to get guidance and legal services for employees in filing their rightful claim to get their required benefits and medical assistance.
Orlando Workers Compensation Attorneys- Key to Secure a Claim
Workers Compensation attorneys in Orlando, Florida and other cities and states have extensive experience and legal knowledge to provide expert services to the affected individuals for successfully filing their claim. The injured employees are entitled to medical benefits and assistance by their employers, and compensation attorneys present their cases along with legal justifications and claims, ensuring the securing of the rightful liberties of the affected individual.
The compensation lawyers not only provide expert legal assistance and services, but they also ensure a great ease of mind for the injured employee, as they handle the entire stressful, complicated and long procedure of filing and winning a claim for compensating an affected individual. Through the tiring and painful ordeal of recovering from the shock and damage caused by the injury, an affected individual is usually in no condition to confront and handle all the legal technicalities and methods involved in successfully securing a claim against his employers.
Compensation attorneys are best suited to handle such situations and predicaments, ensuring suitable time to the injured individual to successfully recover from the shock and pain of the injury.
Acquire the Best Legal Services in Orlando, Florida
It is best for an individual, injured during work on the office premises, to seek professional legal help for securing his rightful claim of medical assistance and benefits. The failure to acquire the services of expert workers compensation lawyers can result in complications and might result in robbing the affected individual of his entitled benefits.
Most of the time, employers protect themselves by acquiring the services of attorneys who will challenge your claim. You need the assistance of a legal professional who has the skill and experience to present your claim and ensure the payment of your rightful claims.
While choosing a suitable workers compensation lawyer to study, analyze and present your case, it is important to consider some important factors. Establish the credentials of the attorney and his expertise in the field of your required assistance. Professional legal assistance might just serve to be the difference in your being successful in securing your claim for medical assistance and various other benefits which one becomes legally entitled to in case of an injury sustained at work.
Orlando Workers Compensation Contact Information
Contact Vaughan Law Group’s Orlando Workers Compensation Attorneys today for your free initial consultation. You can contact Vaughan Law Group at (407) 434-0074.


A spokesman for Gov. Rick Scott said the governor hadn't previously received a state investigative report that detailed a year-long lapse in federal background checks on concealed weapons permits.
The Tampa Bay Times reported Friday that an inspector general investigation found that from February 2016 through March 2017, the state Department of Agriculture and Consumer Services didn't run concealed weapons permit applications through a FBI database that flags drug addicts and people with mental illness.
The employee in charge of the background checks had problems logging into the system and for more than a year neglected to find a solution, investigators reported. The employee told the Times the department was overwhelmed for requests for permits and she was not qualified to be in charge of the background checks.
"Our office was not provided this report from the Department of Agriculture and Consumer Services Inspector General." spokesman McKinley Lewis said. He declined to answer follow up questions.
Scott, a Republican, is running for U.S. Senate. The statement appears to place the blame for the lax oversight squarely on Agriculture Commissioner Adam Putnam, a fellow cabinet member and Republican who is running for governor to replace Scott.
The gap in federal background checks came during an historic increase in applications for permits. Putnam's office said it revoked 291 permits in the aftermath of the investigations.
Read the full Tampa Bay Times story here.


DONALDSONVILLE, La. (BRPROUD) – The Ascension Parish Sheriff’s Office is investigating a deadly shooting on Friday morning.
The call came in around 6:30 a.m. about a shooting incident on Woodland Drive in Donaldsonville.
A man, now identified as David Washington Jr., 31, was found dead inside a vehicle. APSO said Washington had sustained multiple gunshot wounds. Detectives are still searching for suspects and or a motive in this deadly shooting.
The investigation remains ongoing.
If you have any information that could help investigators, please call the Ascension Parish Sheriff’s Office anonymously at 225-621-4636 or by texting 847411 to their anonymous tip line from any cellular device or Crime Stoppers at 225-344-STOP (7867).


November 07, 2016
Pennsylvania residents should be on the lookout for unsolicited inquiries for personal information, according to state Attorney General Bruce R. Beemer.
Beemer issued a warning Monday that his office has received a number of complaints regarding a phishing scam. State residents have been targeted via email and text messages.
During one attempt, a woman claimed she was sent a text message from a scammer posing as a representative of a legitimate financial institution. The message directed her to fill out personal bank account information on a website.
“Your bank will never ask you to provide personal information in an unsolicited email, text message or phone call," Beemer said. “These scams aim to cause confusion and force consumers into a quick decision. It is extremely important to take the time to assess the situation. When in doubt, contact your bank."
PayPal users should also be on alert for another scam. A man reported that he received a message about an erroneous purchase. To cancel the transaction, he was asked to enter his account information on a spoof website.
The Bureau of Consumer Protection advises those who believe they are being targeted by scammers to do the following:
• Never reply to unsolicited emails, pop-up messages or texts asking for personal or financial information.
• Do not call any phone numbers contained in messages. Also, do not open any links or documents contained in these messages — they may route you to a bogus website or download a virus onto your computer or mobile phone.
• Providing sensitive information to strangers by phone is as dangerous as sending it in an email.
• If you are not sure whether your bank or another company is trying to reach you, call the company directly at the telephone number on your card or monthly statement to speak with a representative.
• Carefully review your account statements to look for unauthorized transactions.
Anyone who wishes to file a complaint is urged to contact the Bureau of Consumer Protection at 1-(800)-441-2555 or submit here electronically.


James L. Potts, who left prison after spending almost half his life behind bars and built a publishing business dedicated to prison reform, was given a six-year sentence yesterday for distributing cocaine.
Arlington Circuit Court Judge William Winston imposed a 12-year prison sentence, then suspended half of it. Potts, who was also fined $250, could be eligible for parole in eight months.
Since Potts was released from prison in 1976 at the age of 29 after being incarcerated a total of 12 years for offenses including heroin possession, burglary, forgery and theft, he achieved national recognition in prison reform circles as author of a prisoners' self-help legal manual and as editor of the Prison Law Monitor, a monthly law magazine for inmates.
Business associates and friends, including Alvin Bronstein, executive director of the American Civil Liberty Union's National Prison Project, took turns at yesterday's court hearing describing Potts as a man who made extraordinary contributions to prison reform causes but crumbled under the business pressures of the outside world after living in prison.
Since Potts' departure, the magazine's board of directors has discovered thousand of dollars in foundation grants missing and the publication on the verge of bankruptcy. Potts has denied any wrongdoing in the publishing venture.
Potts himself spent 15 minutes appealing to the judge, attributing his return to drug use to "the vulnerability created through stress and sheer mental and physical exhaustion."
In a soft-spoken voice, he told the judge: "I'm guilty of making a grave error, but I'm not a drug dealer." He argued he obtained cocaine for a friend in return for enough of the drug to support his personal habit.
Following a two-hour hearing, Judge Winston said, "I am impressed by his Potts' abilities and contributions to the manual and his business." But he added: "We can't forget why he is here. We are dealing with a drug dealer."
Potts was charged with distribution of cocaine more than a year ago after law enforcement officials accused him of selling about an ounce of cocaine to an undercover Virginia state trooper. Potts then left the magazine and publishing business and became a fugitive from the law, jumping a $20,000 bail bond. He was apprehended four months ago and pleaded guilty to the drug charges.
Potts said in an interview from the Arlington Jail two weeks ago that if he were returned to prison, he would continue working on his second prisoners' legal manual, a post-conviction guide. The U. S. Postal Service has been investigating him for possible mail fraud in connection with orders solicited for that unfinished book.


What are the results If a -mail Order Star of the event Becomes a Victim?
The phrase mail order bride typically suggests that you can actually look up an on-line internet dating website, identify your dream young lady and take her to you home through a marriage proposal! However , in case you really want to improve your chances for over just real love, you will have to take some time and effort to truly understand a girl and form many even more informed decisions about this most important step. Just like any marriage Mail Purchase Brides presents certain positive aspects, as well as cons that you should thoroughly evaluate prior to deciding to get Mail Purchase Brides. A few take a better look at a number of the advantages and disadvantages of Mail Purchase Brides, after that we’ll look at some possible outcomes that can result.
One of many attractions of mail purchase brides is a opportunity to select your future wife. You have a chance to meet a couple of mail order brides to be, to ask inquiries, to professionally request a trial marital relationship, and to even request the right to live and work alongside one another. While this kind of all sounds like fun, there are several drawbacks into a mail buy bride marriage, including the risk of fraud, the danger of lying, and of beginning your new lifestyle on the wrong track. Fake brides often pretend being interested in marital relationship, but of course they may have ulterior causes. They may also pose when interested women, or they may have completely made up their profiles to draw you.
An additional downside to marriage through snail mail order new bride is that you often have no idea of a woman until you will be legally married. As an example, many women that are registered because Mail Buy Brides don’t have any real knowledge in marriage. They may imagine to be enthusiastic about marriage, but many ladies that postal mail order star of the event are actually simply in that for the money. They could take your hard earned money and operate, leaving you with an unhappy marital relationship.
Another thing to consider is that Mail Purchase Brides typically has a difficult experience getting their marriage paperwork approved. The reason is that many countries require that mail order brides have reached least 18 years old just before they can legitimately marry. Furthermore, each nation has their unique set of relationship regulations, which can make issues complicated. In case the Mail Purchase Bride’s marital life agency simply cannot provide you with the correct documentation, your chances for getting committed in the country will probably be severely affected. This is due to the reality most countries require matrimony agencies to apply for a copy for the marriage certificate, which requires that the ship order bride must have a duplicate of her passport too.
Many mail-order brides from the United States select to stay in the country in order to avoid the statutory requirements of their home country. Many experience family in america and may feel the need to keep them in the United States lawfully. Some think that it is safer to remain in the usa under these kinds of circumstances. However , this is dangerous because as soon as the Mail Order Bride’s visa expires, your lover becomes a great illegal give up. Therefore , virtually any penalties or fines that are assessed from your immigration authorities will come out of your own compartment, even if the All mail Order Brides’ main intent was going to leave the country for a great unpermitted matrimony.
There are many explanations why Mail Order Brides has turned into a victim of crime, and the most common explanation is sex-offenders. There are a number of cases where mail-order brides would be the victims of trafficking male order brides sweden and human-smuggling criminals. In some instances, mail-order brides to be have been compelled into partnerships with guys who have offered in the navy, the police, or perhaps law enforcement. Now there have also been studies in the past of Mail Buy Brides traveling to south Korean language manors to have their wedding events. The men may force the mail-order star of the event to live with them in the usa, where they’d use her as a prostitute.


Was there a "particular disadvantage" to women under a parental leave policy despite the fact that it applied to all men and women who took parental leave equally?
Cumming v British Airways PLC  1 WLUK 243
Mrs Cumming (the Claimant) was a female member of British Airways' (BA's) Eurofleet aircrew. In a normal working month, full-time air crew were rostered with ten paid rest days and 20 or 21 work days depending on the month.
BA had a policy that members of crew who took parental leave under the Maternity and Parental Leave etc Regulations 1999 would have one paid rest day removed for each three days’ parental leave taken in any monthly roster. The policy was designed to avoid a possible perceived unfairness which could result, for example, from an employee being able to take three weeks’ parental leave in a month and having the remaining ten days in the month rostered as paid rest days.
The Claimant claimed that this policy constituted a provision, criterion or practice (PCP) that indirectly discriminated against women. This was because a higher proportion of women took parental leave than men. In a certain period, those who took parental leave were 417 women compared to 92 men (a ratio of 82:18). As such, the Claimant claimed that women were placed at a "particular disadvantage".
Indirect discrimination is concerned with a PCP which is not intended to treat anyone less favourably but which, in practice, has the effect of disadvantaging a group of people with a particular protected characteristic such as sex. Where such a policy disadvantages an individual with that characteristic, it will amount to indirect discrimination unless it can be shown to be a proportionate means of achieving a legitimate aim.
In establishing whether a PCP places a group of persons with a protected characteristic at a particular disadvantage, the starting point is to look at the impact on people within a defined "pool for comparison". The Equality and Human Rights Commission Code states that “In general, the pool should consist of the group which the provision, criterion or practice affects (or would affect) either positively and negatively, while excluding workers who are not affected by it, either positively or negatively.”
What did the Employment Tribunal (ET) decide?
It was common ground that the appropriate pool in this case was one containing the female members of the Eurofleet air crew with childcare responsibilities and the male members with such responsibilities.
The ET considered that, since both 100% of the women and 100% of the men who actually took parental leave suffered the disadvantage of having rostered rest day(s) removed, there was no “particular disadvantage” to those within the pool who were women. Therefore, the ET dismissed the claim without needing to consider whether the policy was a proportionate means of achieving a legitimate aim.
The Claimant appealed against this finding. BA also cross-appealed on the basis that the ET was wrong to find that the policy involved any "disadvantage" as alleged or at all.
What did the Employment Appeal Tribunal (EAT) decide?
The EAT held that the ET had made an error of law. It held that there was "an obvious problem with the Tribunal’s reasoning here in that not all those with childcare responsibilities necessarily apply for and take parental leave, so the proportion of men and women respectively in the identified pool who are put to a disadvantage arising from the PCP are not necessarily, as the Tribunal would have it, 100% all round."
The Claimant's case was that more women with childcare responsibilities would take parental leave and thus be put to a disadvantage by the PCP.
As a result, the case has been remitted to an ET for consideration based upon this pool for comparison, and also to consider the Respondent's cross appeal that the policy does not involve any disadvantage.
What can employers take from this?
This case offers a useful reminder of what will be considered when allegations of indirect discrimination arise. The ET also clarified that the reason why more women took parental leave than men was immaterial. It therefore did not matter if this was because of childcare responsibilities or not. All that mattered was that more women did take the leave in question.
Whilst BA may still be successful in providing an objective justification for the policy, employers can take this judgment as a reminder to ensure that they consider ways in which their policies or practices may affect people differently. It is always helpful to involve employees or unions in the introduction of new policies to avoid this type of allegation arising later down the line.
This article is for information purposes only and is not a substitute for legal advice and should not be relied upon as such. Please contact Siobhan Murphy to discuss any issues you are facing.


WOODBURN, Ore. - A bomb exploded inside a bank late Friday afternoon, killing a police officer who arrived to check on the suspicious object and a bomb technician.
A spokesman for the Oregon State Police, Lt. Gregg Hastings, said a Woodburn police officer died. He did not identify him.
He also said the blast seriously injured the Woodburn police chief.
Authorities set up near West Coast Bank in Woodburn, Ore., where Oregon State Police said a bomb detonated after police arrived to inspect a suspicious device Friday.


County changes location of new jail
Published 3:44 pm Tuesday, April 19, 2022
The Lawrence County Commission announced on Tuesday a change in the site for construction of the new county jail.
“We are officially removing the Lombard property as the jail site,” commission president DeAnna Holliday said of the former school site on Lorain Street.
The news of the announcement was greeted with applause from those present.
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The last few commission meetings had been attended by neighbors in that section of Ironton, represented by Mary Williams, who had voiced their opposition to the jail being constructed on the site of the former Lombard Elementary/Open Door School.
“Ongoing negotiations for an alternative jail site have progressed to the point that the Lombard property can be comfortably removed as a potential site for the construction of a new county jail,” Holliday read from a prepared statement.
She said there are still final details being worked through with the current property owner and City of Ironton to solidify the viability of the new site, which she said was the “old cement plant” off Adams Street and County Road 24.
The county says that, contingent upon passage of a half percent sales tax issue on the upcoming May 3 primary ballot, the it will carry forward with the acquisition of property, which is located just outside city limits.
Last year, the county received $16.8 million from the state for the purpose of building the jail. Commissioners say the sales tax will cover the remainder of the cost of construction and operation, a $32 million project.
“It does not border any neighborhoods,” Holliday said of the new site. “We are very excited about it. It is going to make a great location for the new jail site and future developments.”
Holliday thanked the residents of the Lombard neighborhood for “your professionalism and the way you have addressed the commission.”
“You have stood strong,” she said, stating that the commissioners “worked diligently” to find an alternative.


A man accused of kicking a hole in an expensive 17th Century painting of David and Goliath told police he was bothered by the depiction of a man carrying a severed head, authorities said Friday.
Timothy Kubena, 21, continued to kick at the painting at the Milwaukee Art Museum even after a museum designer tried to pull him away, prosecutors said. Kubena was charged with felony damage to property.
Ottavio Vannini's 1620 painting "The Triumph of David" depicts David carrying the severed head of the giant Goliath.
Items compiled from Tribune news services


Asset protection planning can be an element of your estate plan designed to minimize economic exposure. Individuals generally interested in this planning are professionals (such as doctors, accountants and lawyers) or business owners, as their services are open to risk from unsatisfied or harmed customers and creditors. Asset protection planning involves restricting your own access to property so it is important to fully understand its implications. Asset protection is not "hiding" assets, defrauding creditors, money laundering or tax evasion.
Asset protection planning entails balancing several factors:
- Asset protection techniques generally involve shifting ownership of assets to others, which results in loss of control over and access to the assets.
- Determining which risks are present is important as the appropriate techniques will vary.
- Tax consequences of the particular technique(s) must be analyzed.
- There cannot be actual or constructive intent to hinder, delay or defraud any creditor.
A common strategy is to create a business entity to shield some or all the risk in connection with an asset. Each entity type affords varying levels of protection. For example, a C corporation protects the business from a shareholder's personal liabilities and the shareholder is only responsible for business liabilities up to the amount of the shareholder's investment. Conversely, a sole proprietorship provides no protection. Not only is the sole proprietor personally liable to business creditors, but the business is also vulnerable to personal creditors. A limited liability company shields the business from each member's personal liability and the members from the business' liabilities. The facts and circumstances surrounding your assets and potential risk will determine which entity type makes sense.
Another common strategy is to transfer assets to an irrevocable trust, generally for the benefit of your family, and not you. Correctly drafted trusts provide several protections. However, once an asset is distributed out of the trust, such protections no longer apply and the beneficiary's creditors (as opposed to your creditors) may have access to the distributed asset.
Some states permit domestic asset protection trusts (DAPTs). DAPTs provide creditor protection for self-settled trusts, meaning you may be a beneficiary of the trust. Typically, an individual or trust company located in the DAPT state must act as trustee. The protections to you, as the trust creator, are similar to those provided to other beneficiaries. States vary on the requirements and protections available of DAPTs so you should consult with an experienced planner to ensure the DAPT is properly drafted. Wisconsin does not currently permit DAPTs, and other states may or may not recognize the DAPT protections.
Regardless of the asset protection technique, the transfer cannot be deemed to have been fraudulently made (a/k/a voidable conveyance). Both state and federal laws provide that if a transfer is fraudulent, it can be disregarded, thereby providing no protection. There may be additional liability for making the fraudulent transfer. Generally, a transfer is fraudulent if there is actual or constructive intent to hinder, delay or defraud any creditor.
After considering the options available, you may decide that the benefits of an asset protection plan do not outweigh the sacrifices. In such situations, you can explore insurance coverage to offset the risk. While not an asset protection technique, insurance may be advisable for those unwilling to shift ownership of assets or who do not have appropriate beneficiaries to accept the assets. Common types of policies include professional liability (E&O), personal liability, property coverage, commercial general liability and umbrella (open-peril) coverage.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.


has promised to raise up to $200,000 to renovate historic McDonogh 15 elementary school in the French Quarter — and to donate more in products to be used at the school. The company also gave McDonogh 15 all of the proceeds from an auction held during the company's recent conference in New Orleans. In addition, Konica Minolta instituted a program to provide annual high school scholarships for the students. McDonogh 15 is part of the national Knowledge is Power Program (KIPP) network of charter schools.
Hundreds of volunteers
turned out in the wake of last week's tornadoes to help clear streets and recover damaged property for local families affected by the twisters in Carrollton, Gentilly and on the West Bank. One of the volunteer responders, landscaper Jeff Amann, put his heavy equipment and crew to work in parts of Carrollton to help clear debris so utility crews could restore power quickly and tornado victims could escape their damaged homes. Many others from churches and nonprofits showed up to lend needed helping hands.
Concordia Parish prosecutors,
working with the Louisiana SPCA and the Concordia Parish Animal Welfare Society, convicted the operator of Black River Kennels on state dogfighting charges last week. Kennel owner Clinton B. Schneider Jr. has long been considered a major supplier of fighting dogs for the illegal fights and a principal violator of Louisiana's anti-dogfighting laws. Kathryn Destreza, LA/SPCA director of humane law enforcement, testified as an expert witness at Schneider's trial.
Mayor Ray Nagin and Police Chief Warren Riley
have been held in contempt of court by U.S. District Judge Carl Barbier for repeatedly failing to respond to pre-trial "discovery" questions in a lawsuit brought by the National Rifle Association and the Second Amendment Foundation. Nagin, Riley and the city were sued after NOPD began confiscating guns from private citizens following Hurricane Katrina. Regardless of how one feels about gun control, the mayor and the police chief have an obligation to obey the law and to follow court orders.


QUEBEC CITY, May 11 /CNW Telbec/ - Fortsum Business Solutions Inc.
("Fortsum Business Solutions") (TSX Venture: FRT) announces that its
securityholders have approved the statutory plan of arrangement under the
provisions of the Canada Business Corporations Act involving Fortsum Business
Solutions and 4503961 Canada Inc. (the "Purchaser"), a direct wholly-owned
subsidiary of GFI Solutions Group inc., pursuant to which the Purchaser will
acquire all of the outstanding shares of Fortsum Business Solutions for $0.82
per share and all of the options to purchase shares of Fortsum Business
Solutions for a cash amount equal to $0.82 per option less the exercise price
in respect of such option.
The plan of arrangement was approved by 99,9 % of the votes cast by
securityholders at the special meeting of securityholders of Fortsum Business
Solutions held earlier today.
The plan of arrangement remains subject to the approval of the Superior
Court of Québec. The hearing in respect of the final order approving the plan
of arrangement is scheduled to take place on May 19, 2009.
Subject to obtaining Court approval, the transactions contemplated by the
plan of arrangement are scheduled to close on May 21, 2009. Cheques will be
mailed by the depositary to the holders of options no later than three
business days following the closing date and to shareholders on the three
business days following either the closing date or the date when all required
documentation is received by the depositary.
About Fortsum Business Solutions
Fortsum Business Solutions Inc. is mainly involved in the development,
integration, marketing and support of accounting, commercial and banking data
management software. For more information: www.fortsum.com.
About GFI Solutions Group
Based in Montreal, GFI Solutions Group is a leader in Canadian IT
consulting services and products to businesses and public and semi-public
sectors, including management consulting, application development, system and
application integration, outsourcing and technical writing services. GFI
Solutions Group has also developed three Excellency centers in transactional
systems and back-office applications for the banking industry, and ERP
solutions. With 750 employees, GFI Solutions Group is part of the top 25 IT
products and services consulting firms in Canada. It is also a member of the
GFI Informatique group, an international organization with over 9,500
collaborators worldwide and revenues exceeding one billion CAD. For more
information about GFI Solutions Group, please visit www.gfisolutionsgroup.com.
This press release contains forward-looking statements relating to the
proposed acquisition of Fortsum Business Solutions. The completion of the
transactions contemplated by the plan of arrangement is subject to certain
conditions, including the approval of the Superior Court of Québec. Failure to
complete such transactions could have a material adverse effect on the trading
price of shares of Fortsum Business Solutions.
Neither TSX Venture Exchange nor its Regulation Services Provider (as
that term is defined in the policies of the TSX Venture Exchange) accepts
responsibility for the adequacy or accuracy of this release.
For further information:
For further information: André Thompson, Chair of the Board and Chief
Executive Officer, firstname.lastname@example.org; Dany Beaudet, Corporate
Communications Coordinator, (418) 877-5051, ext. 2272, 1-888-268-0088, F:
(418) 877-9994, email@example.com


Entrepreneurs tired of loitering or disruptive behavior in their stores in Downtown Jamaica and surrounding the 103rd Precinct may breathe a sigh of relief.
Queens District Attorney Melinda Katz has teamed up with the New York Police Department to address unsolicited activity inside and outside small businesses by creating a warning system to both give entrepreneurs respite from the nuisance and to give troublesome individuals a chance to curb their behavior without having to be arrested.
“This program, conceived in partnership with my office, the police and the business community, aims to ensure that families feel safe patronizing stores and restaurants,” Katz said in a June 8 statement. “Our store owners and shopkeepers have been greatly impacted by the coronavirus pandemic. We want to do everything we can to help them make a strong comeback, and that means deterring disruptive, unwanted activity in and around their businesses.”
Individuals who are disorderly or conducting unwanted activity inside or outside shops will be given one warning by the police after a merchant calls the 103rd Precinct, according to the DA’s Office. Officers will serve a copy of trespass notice, which will let people know that their continued presence or return to a location can or will result in an arrest.
“By instituting a clear warning notice prior to any legal enforcement, this program is an equitable way of addressing the problem without necessarily putting more people in the system,” said Katz. “Patrons of Jamaica stores and restaurants should be able to go about their business without fear or harassment.”
NYPD Assistant Chief Ruben Beltran agrees.
“We are proud of this program that furthers the NYPD’s commitment to assist the communities and businesses we serve as they continue recovering from the strains of the Covid-19 outbreak,” said Beltran. “As summer arrives, it will take all of us together — the public, in tandem with our hardworking police officers — to ensure we continue meeting the challenges we collectively face.”
Dawn Kelly, the CEO of the Nourish Spot, a juice bar at 107-05 Guy R. Brewer Blvd. in Jamaica, is relieved that the NYPD and the DA’s Office were able to find a happy medium that both addresses the loitering outside of small businesses and doesn’t involve sending someone immediately to jail for minor infractions during a pandemic.
“I applaud the DA, Melinda Katz, and the NYPD for figuring out how best to support small businesses,” said Kelly. “I also understand that some of these people are down on their luck or suffering from an addiction.”
Kelly believes the new initiative will be a win-win for business owners who feel the loitering is a real problem and for those who don’t want to be entangled in the legal system.
“You don’t want potential customers to have any trepidation visiting your store when we are forced to do only curbside and pickup service because of the coronavirus,” said Kelly, who also mentors youths at her juice bar, located across the street from York College. “On Guy Brewer we have some sketchy folks. This will alleviate that and I’m sure if those people need services they will get it, but it also takes a community, not just elected officials, to sustain small businesses.”