680 words; 3 minutes to read
This audio summary by volunteer Hannah Lee.
Last September we published a post on the report by the Senate of Canada Committee on human rights of prisoners in Canada. The Committee was highly critical of many aspects of the prisons system, calling for major changes that respected human rights of prisoners as recognized by the Supreme Court (R v Solosky, 1980). As the old adage has it, people are sent to prison ‘as’ punishment, not ‘for’ punishment.
Now comes another report, ‘Senators Go to Jail’, which describes what a group of Senators saw on their visits across the country in the last year or so to 11 federal prisons, for both men and women, as they looked at Bill C-83. This bill was the government’s legislative response to court decisions that required the elimination of solitary confinement. (Another post described the failure of the measures in Bill C-83 to make any notable difference in what happens to prisoners.)
Old problems made worse by Covid
The solitary confinement issue, and indeed prison conditions generally became much more problematic with Covid. Visits were suspended, programs stopped, and prisoners spent much more time in their cells. All prison conditions got significantly worse. But, as the report notes, even before ‘the onset of the COVID-19 pandemic, the flaws identified by the Senate were already blatantly evident.’
A second chart shows how time in segregation is heavily concentrated among prisoners with serious mental health issues.
These are longstanding problems, noted many times in past reports on Canada’s prisons, with many promises from various governments to fix them. They are not fixed, but getting worse.
Prisons break the law
However the harshest criticisms in the report describe the failure of the prison system to abide by the law – even as the people in it are there because they did not abide by the law!
‘The Senators found that CSC practices often fail to comply with, much less uphold, the provisions of the Corrections and Conditional Release Act (CCRA) [which governs the operation of prisons in Canada]. Correctional realities also fail to adhere to international instruments that impact the human rights of prisoners, and contradict the principles and objectives of sentencing [as laid out in the Criminal Code].’
‘Too many of CSC’s practices violate the Canadian Charter of Rights and Freedoms and the principles of fundamental justice, while operating without the Rule of Law.’
It is startling for a Senate report on a major operation of the Government of Canada to conclude that thisgrievance system routinely violates Canadian law!
Prisoners have no recourse
The report also states that there is little prisoners can do when their rights are violated, in part because the grievance system just does not work. ‘Conditions of confinement did not meet legislative requirements. No prisoners, at any institution visited by Senators, reported having proper access to requests or grievances without the possibility of reprisal from prison.’
‘Prisoners at every institution Senators visited reported that the grievance system was dysfunctional and that CSC staff too often retaliated against those who tried to use it. This Senators’ visits revealed the failure of the government/CSC to comply with the Charter, the CCRA and its Regulations, not to mention the UN’s Minimum Rules for the Treatment of Prisoners. Particularly in light of the abject failure and inadequacy of Bill C-83, these injustices call attention to the need for legislative reform to the CCRA.’
Solitary confinement issues not resolved
Consistent with other reviews, ‘Senators discovered that there was no meaningful change within federal prisons after the enactment of Bill C-83. More specifically, the objectives of SIUs were not realized.’
‘Any changes to administrative segregation units were negligible, at best.’
The report concludes with this quote from Madame Justice Louis Arbour, from a 1996 inquiry into the state of our prisons, one of many that have produced similar findings.
“The Rule of Law is absent, although rules are everywhere.”


Noise, vibration from stamping plant leads to $65K fine
WINDSOR, ONT-D & L Metals Limited, operating as Banner Metal Products, was convicted of a charge under the Environmental Protection Act in connection with noise and vibration from its Windsor facility and was fined $65,000 plus a victim fine surcharge. The Banner Metal Products plant stamps out steel parts for bus seats and fire extinguishers. Between October 11, 1998 and May 31, 2000, the company's production activities led residents living near its Kildare Road site to complain of sleep disruptions, and of the need to leave their properties for short periods of time, close windows and relocate to other areas within their homes. The company was charged with discharging, or causing or permitting the discharge of noise and vibrations into the natural environment likely to cause discomfort to nearby residents and to limit the normal use and enjoyment of their properties, in violation of section 14(1) of the act.


Violence reduction partnership
South Gloucestershire is a safe place to live and work but incidents of serious violence do occur. To combat this, our violence reduction partnership (VRP) works to prevent and reduce incidents of serious violence.
It does this by:
- identifying the root causes of serious violence
- intervening early to prevent and reduce incidents
- tackling challenging behaviours such as knife crime, county lines and school exclusions
- identifying and preventing cases of sexual exploitation and forced criminality
What is the violence reduction partnership
The VRP is made up of professionals working together to identify challenging behaviours and intervening quickly to prevent serious violence.
Representatives are drawn from a range of services including community safety, social work, youth outreach, public health, education and the police.
It forms part of a regional operation covering Bath and North East Somerset, Bristol City, Somerset and North Somerset as well as South Gloucestershire.
You can find more information on the VRP on the website for the Avon and Somerset Police and Crime Commissioner.
How it works
The VRP uses a public health approach which looks at violent behaviours as an illness. It aims to investigate causes and to intervene at the earliest opportunity to prevent violent incidents.
It provides education and minimises the impacts of serious violence before it gets worse.
Local data on incidents and individuals is assessed to provide evidence and understanding of why certain crimes take place in South Gloucestershire.
Using a trauma based approach
People who have experienced trauma in their lives can have trouble identifying, expressing and managing emotions. This can lead to anxiety and potentially violent behaviour.
The VRP aims to educate communities about the impact of trauma on individuals. It further aims to create an environment that supports victims of trauma and rehabilitates individuals to prevent future violence.
Report serious violence
Call 999 in an emergency or if anyone is at risk of immediate harm. You will be connected to a phone operator who will ask which service you need.
The non-emergency number for Avon and Somerset Police is 101.
In non-emergency situations you should call us if you have concerns about the safety of a child or an adult:
Help and support for young people
There is information on types of crime such as county lines, knife crime and child sexual exploitation and how to spot the signs on Fearless which is part of Crimestoppers.
You can also read our guide on starting conversations about knife crime for parents and carers of young people.
There is advice on the MindYou website, including how to get help if you are being exploited or controlled or you are worried about your own or someone’s else’s behaviour.
If you are a young person aged 11 to 18 years you can get free, safe and anonymous online counselling support from Kooth.


Never thought I'd live to see this happening.
via the Denver Post:
Until further notice — from somewhere — enterprising cannabis enthusiasts assume it's OK to hang out to consume weed in social, yet sort of private, recreational settings.
Billed as Denver's first legal private cannabis club, Club 64, met for the first time at 4:20 p.m. Monday at a Larimer Street retail store.
"We will probably go until New Year's and a little after. There will probably be some cannabis," Club 64 general counsel Robert Corry Jr. said as the party began.
And, in tiny Del Norte in southern Colorado, a private marijuana den attached to the White Horse Inn coffee and head shop along U.S. 160 opened late Monday morning.
Nothing in the amendment language permits consuming (marijuana) openly and publicly," said Mark Couch, spokesman for the state Task Force on the Implementation of Amendment 64.
The rules on any clubs or lounges, Couch said, "will be sorted out in the months ahead by legislators, law enforcement and the task force."
Couch suggested law enforcement should be contacted for clarification.
Denver Police spokesman Sonny Jackson said the department would have to consult with city attorneys. Denver Assistant City Attorney David Broadwell said he had no comment, except the city awaits further guidance from the state.
State Attorney General Office spokeswoman Carolyn Tyler said the task force should be asked questions related to implementation of Amendment 64.
Denver's district attorney won't weigh in until a specific case is brought by law enforcement, said spokeswoman Lynn Kimbrough.
Legal recreational marijuana sales can be made only through licensed pot shops, which would not be licensed until June or opened until October, Couch said.
An interesting footnote: Colorado's First Pot Social Club Shut Down in Landlord Dispute.
The White Horse Inn, in the tiny southern Colorado town of Del Norte, opened Monday as the first club in the state to offer patrons a chance to have a joint with their cup of joe. But owner Paul Lovato said Tuesday morning it was that early open date that caused problems.
Though Lovato had the keys to the building that housed the White Horse Inn on Monday, his lease on the building didn't start until Tuesday. Lovato said, when his landlord saw the publicity about the club, he canceled the lease before it took effect.
"By opening early I kind of screwed myself out of my building," Lovato said Tuesday.


Mary Ellen says they have options for sex offenders also. No deposit; inquire about weekly rent. Located in Monroe, NC. Worth TX ; cell houses 16 men in shared rooms; houses 5 men in shared rooms; meals provided. We are not a halfway or transitional housing program. Owners of Homefacts.
The New Mexico State legislature finds that sex offenders pose a significant risk of recidivism; and the efforts nm sex offender search in Kansas City law enforcement agencies to protect their communities from sex offenders are impaired by the lack of information available concerning convicted sex offenders who live within the agencies' jurisdictions.
Territories, and Indian Country. Following are the different categories of sex offenses in the state of New Mexico: 1 st -degree rape When a kid who is below year-old is raped, or a person is raped through coercion or force causing great mental anguish or bodily harm to the person is regarded as 1 st -degree rape.
Like this page? Advanced Search. Nm sex offender search in Kansas City individual who believes that information contained in a Jurisdiction Website is not accurate should communicate with the agency responsible for compiling and updating the information with respect to that Jurisdiction Website.
If you are unsure of who to contact, the Child Welfare Information Gateway has a list of contacts.
Located in Durham, NC. Anger management, GED, Emotional Healing curriculum, step program, life skills, individual and group counseling. Maine Sex Offender Resources.
Visit our website to fill out an application. No elevator. Eligibility: Admitted sex-offenders, up to and including level III. Resolution House, W. Require work, Step and devotional meetings; curfew enforced.


Attorneys earn 25% of a claimant's backpay, up to $6,000, for attending a hearing before an ALJ. Most claimants have representation at disability hearings.
SSA should require the claimant's attorney to earn their fee by submitting to ALJ's proposed findings of fact and conclusions of law. The attorney provides a summary of all relevant evidence, opinions, and inconsistencies that require resolution not later than one week before the hearing. The attorney or representative shall deliver to the ALJ/ODAR an electronic copy of these findings in Word format.
Now, instead of reviewing hundreds of pages in a transcript, SSA/ODAR decision writers, analysts, and ALJ's can verify the accuracy in the proposed findings of fact in half the time and issue twice as many decisions.
Instead of typing detail medical summaries, the employees can cut and paste from the proposed findings of fact and conclusions of law, editing as needed. This fact alone reduces the amount of time spent typing or keyboarding a decision.


Acquittal ordered for bouncers convicted of manslaughter
Two bouncers on Queensland's Gold Coast have won an appeal against their convictions for the manslaughter of hotel patron, Terii Tararo, in 2008.
Mr Tararo, 21, died after a confrontation with security staff outside the Fisherman's Wharf Tavern at Main Beach.
Morne Ricardo Lombaard, 30, and Denis Legradi, 23, were each jailed for seven years over his death.
Three Supreme Court judges today ruled there was insufficient evidence to prove either man was responsible for Teraro's death.
They ruled that both men should be acquitted.


Update: Notice concerning the process for the issuance of patents
This notice follows the one of July 19, 2016.
As of October 11, 2016, the process for the issuance of patents will be reduced from 8 to 6 weeks. This means that patents will be issued 6 weeks after the final fee has been applied to the application.
If you have any questions, we invite you to communicate with Andrée Patry, Manager – Operations Sector, at 819-635-3557, or at email@example.com.
- Date modified:


If you’re like most real estate agents, chances are you’re frustrated by delays in receiving Section 32 statements. And chances are your clients’ deposits and resulting commissions are being held up as a result?
Not anymore. At Dangerfield Exley Lawyers, we know how to secure a 72-hour turnaround of section 32 statements and faster deposit release. This is how we do it.
- We order all legal and property certificates the very day our clients engage us.
- We clear up any contract concerns with you promptly.
- We negotiate all legal special conditions, allowing you to focus on the sale.
- We obtain your vendor client’s personal banker’s contact details before auction.
- We send forceful but strategic correspondence to the personal banker before auction.
- We work towards securing a complete Section 27 by auction date – and never relent.
Call Steven or Simon to find out how we can help you get deals signed faster and maintain a healthier cash-flow.
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Aftermath of a Ponzi Scheme Collapse
| November 18, 2019
David Meyer of Meyer Wilson recently had an article published by the American Bar Association regarding the aftermath of a Ponzi scheme collapse. The article discusses one of the most common questions investors have after a Ponzi scheme unravels: How can I get my money back?
Learn more by reading the article here.


Pre-exposure prophylaxis (or PrEP) is a way for people who do not have HIV but who are at very high risk of getting HIV to prevent HIV infection by taking a pill every day. Tenofovir disoproxil fumarate (TDF) drugs like Truvada, Atripla, Stribild, Complera and Virea are combination drugs that have been used since 2012.
What do TDF lawsuits allege?
TDF lawsuits have been filed against Gilead, the manufacturer of the TDF drugs. These lawsuits allege that Gilead withheld information about the TDF drug’s side effects and concealed the safer form of these drugs from the public in order to maximize profits.
TDF drug users are experiencing serious kidney injuries and bone disorders/fractures.
The safer improved formulation of tenofivir, tenofovir alafenamide fumarate (TAF), was approved by the FDA in November 2015. These drugs were also developed by Gilead and are likely to become equally profitable for the company as TDF moves to a generic formulation in 2020.
How many lawsuits have been filed and where?
TDF lawsuits have been filed in California state and federal courts over the course of the past few years, and it is expected there will be a consolidation of these cases in California.
AIDS Healthcare Foundation called on Gilead to create a $10 billion fund for “victims harmed by its TDF-based drugs.”
Who are the injured individuals?
It is estimated that pre-exposure prophylaxis is practiced by about 80,000 people in the United States annually.
Although treatments to prevent HIV have been recommended in the US since 2012, the price of PrEP has kept these drugs out of the hands of a large percentage of people who could benefit from its use. At a monthly cost of just under $2,000, studies show that millions more Americans could benefit from PrEP, but many are unable to afford the drugs. There has been a lot of controversy over access to PrEP.
According to Avert, the highest concentration of PrEP users are in New York, Massachusetts and Iowa, in that order. The large majority of injured individuals are likely to be men. Despite the fact that HIV disproportionally affects the African American communities, white people receive PrEP at six times the rate of African Americans.
What does SimplyConvert’s “All-Knowing” Bot know?
SimplyConvert walks all potential clients through a series of questions regarding injuries they believe could be caused by TDF medications.
When contracts are enabled on SimplyConvert, individuals who have taken a TDF medicine and have experienced a serious kidney or bone injury will receive a contract if they meet the use and latency requirements. Details about these requirements can be found on the TDF/Truvada Litigation bot flow.
When contracts are disabled on SimplyConvert, individuals that meet the requirements of a TDF lawsuit will be marked as “Pending Review” and you may want to consider sending a contract out.
What should my firm do with TDF Cases?
One of the goals of creating our “all-knowing” bot was the ability to offer legal users the best legal representation possible – instantly. In many instances your firm will be the best option for a client that finds you online. But, in some instances, your firm may not have the proper resources or experience in a particular area of law to help an individual that is asking for your help.
In these situations, everyone wins by using the SimplyConvert referral management platform.
SimplyConvert partners with law firms that are actively involved in the litigations, giving potential claimants the best shot at a successful outcome. In addition, as a conduit to these law firms, your firm has the opportunity to create an additional revenue stream in the form of referral fees.
We truly believe that the best lawyers for those injured by TDF are those that are actively involved in these cases and we have worked out a relationship with these lawyers that we are happy to share with you upon request.
Why not be part of the solution to giving users the best possible representation and “enable” these contracts?


A Gainesville woman who stole a BMW led a deputy sheriff on a chase through Clermont before crashing the vehicle into a pond at a nearby state prison, according to an incident report.
About 1:40 a.m. Sunday, a deputy noticed the BMW in the median on U.S. Highway 27 in Clermont near Wilson Lake Parkway, the report states.
When the deputy guided his vehicle behind the car, the driver, identified as Thernisha Lewis, 37, sped off. Later, Lewis slowed the car and turned onto Vineyard Way — which also is the entrance to Lake Correctional Institution. She veered around a guard rail and drove about 50-feet into a pond on the jail's property, deputies said.
Gainesville police confirmed to the Lake County Sheriff's Office that the 2002 BMW was reported stolen in Gainesville, according to an arrest report.
After ending up in the pond, the BMW was up to its tires in muddy water, and Lewis, wearing a white dress, climbed on top of the trunk and roof of the car, the report states.
The vehicle continued to sink into the muddy pond and when just the roof was left above the water two deputies waded in and placed Lewis in custody and assisted her to dry land, deputies said.
Lewis was taken to Florida Hospital Waterman in Tavares and while being examined punched the nurse providing the examination in the left eye, the report states.
Lewis was then taken to the Lake County Jail on charges of grand theft of a motor vehicle, attempting to allude law enforcement, resisting an officer without violence and battery of an emergency medical care provider.


Do Not Sell or Share My Personal Information
The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act in 2020, provides California residents certain rights to opt-out of certain disclosures of personal information. If you are a resident of other states like Colorado and Virginia, you may also find this information helpful.
This article explains the choices and controls that you can access in connection with this site. We may update this article from time to time to reflect changes.
Choice and Control
Cookies and similar technologies and web beacons
Cookies are small data files that are commonly stored on your device when you browse and use websites and online services. We may use other technologies such as browser storage and plugins (e.g. HTML5, IndexedDB and WebSQL). Like cookies, these other technologies may store small amounts of data on your device. Web beacons (also known as clear gifs or pixel tags) often work in conjunction with cookies. In many cases, declining cookies will impair the effectiveness of web beacons associated with such cookies.
Why does Netflix use these technologies?
We use these types of technologies for various reasons, like making it easy to access our services by remembering you when you return; to provide, analyze, understand and enhance our site; improve site performance, monitor visitor traffic and actions on our site; and to deliver and tailor our messages, and understand interactions with our messages (including emails, and recruiting posts on third party sites).
We may use these and various other technologies for similar purposes as cookies, such as to enforce our terms, prevent fraud, and analyze the use of our sites. There are a number of ways to exercise choice regarding these technologies. For example, many popular browsers provide the ability to clear browser storage, commonly in the settings or preferences area; see your browser's help function or support area to learn more. Other technologies may be cleared from within the application.
- Essential cookies: These cookies are strictly necessary to provide our website or online service. For example, we and our Service Providers may use these cookies to authenticate and identify visitors when they use our job sites and applications so we can provide our service to them. They also help us to enforce our terms, prevent fraud and maintain the security of our services.
- Performance and functionality cookies: These cookies are not essential, but help us to personalize your interactions with our sites. For example, they help us to remember your preferences. We also use these cookies to collect information (such as click-through and other information) about our visitors' interactions with our sites so that we can enhance and personalize our website and service and conduct research. Deletion of these types of cookies may result in limited functionality of our tools.
How can I exercise choice regarding cookies?
For more information about cookies set through our sites, as well as other types of online tracking, and to exercise choices regarding them, .
Global Privacy Control (GPC)/ Universal Opt-out (California Only)
What is it? Under California law, there is an expectation that businesses respect opt-out signals received through a user selected web browser signal, such as Global Privacy Control (GPC) (see: globalprivacycontrol.org), indicating their choice to opt out of the sale or sharing/targeted advertising of their personal information.
Recognizing a GPC Signal The platforms and methods for sending and interpreting a GPC Signal are not standardized and subject to continued evolution. We have implemented methods to recognize a GPC Signal on our sites and will continue to monitor their evolution.
Due to this evolution, we are responding only to GPC Signals from web browsers from California, to allow us to better understand the technical, business and operational impacts of the signal.
If you access a Netflix site through a web browser sending a recognized GPC Signal, we will opt you out of setting cookies used to support sale or sharing/behavioral advertising associated with that browser. If you access a Netflix site from a different browser or from the same browser on a different device, you will need to set a GPC signal from that browser to opt-out again.
For questions specifically about this Privacy Statement, or our use of your personal information, cookies or similar technologies, please contact our Data Protection Officer/Privacy Office by email at email@example.com.


Law Firm Partners Teach at a Delaware Bar Association Workers’ Compensation Seminar
Don Marston talked about permanent impairment claims from the claimant side. He spoke to the assembled group about when to try and when to settle these claims. Permanent impairment claims are lump sum benefits that injured worker’s may receive to compensate them for permanent injuries.
Jessica Welch spoke on issues of causation to the assembled group. Workers’ Compensation will pay only for injuries caused by on the job injuries. Jessica talked about how claimants and their attorneys can prove these injuries in order for them to seek compensation.
Matt Fogg talked to the group about ethical issues in discovery and Industrial Accident Board hearings. Lawyers must follow a code of ethical rules which govern their conduct while representing injured claimants before the Industrial Accident Board.
Jessica, Don and Matt received excellent feedback from those in attendance about the quality of their presentations.


7 Cong MPs Suspended From Rest Of Budget Session
Seven Congress MPs were on Thursday named by the Chair in Lok Sabha and suspended for the remaining part of the budget session for “gross misconduct” in the House.
BJP leader Meenakshi Lekhi, who was in the Chair, when the House reassembled at 3 pm, said the Congress members had behaved in a manner that had never happened before and had snatched papers from the podium during the proceedings when the House met at 2 pm.
She named the Congress members.
Parliamentary Affairs Minister Pralhad Joshi moved a resolution to suspend the members from the remaining period of the budget session, which was adopted by the House.
“That this House having taken serious note of gross misconduct of Gaurav Gogoi, TN Prathapan, Dean Kuriakose, Benny Behanan, Manickam Tagore, Rajmohan Unnithan, Gurjeet Singh Aujla in utter disregard to the House and authority of the Chair and having been named by Speaker, resolve that be suspended from the service of the House for the remainder of the session,” Joshi said.
Lekhi then adjourned the House for the day.
BJP member Rama Devi was in the chair when the House met at 2 pm. Amid protests by the opposition, the House has taken up the Mineral Laws (Amendment) Bill, 2020 for consideration and passage. The bill could not be passed amid the pandemonium.
The Lok Sabha has been witnessing continuous protests since it met on Monday at the commencement of the second half of the budget session. The opposition members have been pressing for immediate discussion on Delhi violence. The government has said it is prepared for discussion on March 11 after Holi.
The rules of conduct of business in Lok Sabha state that the Speaker, may if deemed necessary, name a member “who disregards the authority of the Chair or abuses the rules of the House by persistently and wilfully obstructing the business”.
The rules state that if a member is named, the Speaker shall on a motion put the question that the member be suspended from the service of the House for a period not exceeding the remainder of the session.
The rules also state that the House may, at any time, on a motion being made, resolve that such suspension be terminated.
A member suspended under this rule shall withdraw from the precincts of the House. (ANI)


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Cuba welcomed the end of a U.S. preferential immigration policy concerning Cuban nationals and asked the upcoming Trump administration not to reverse it. U.S. President Barack Obama on Thursday announced the end of the "wet foot, dry foot" policy that granted permanent residence to Cubans a year after entering U.S. territory even by illegal means. The Cuban authorities had considered the policy, adopted in 1995, as encouragement to illegal migration and human trafficking, and had been trying to persuade Washington into scrapping it. This policy change marks an important step in the advance of Cuba-U.S. relations, Josefina Vidal, director for U.S. affairs at the Cuban Foreign Ministry, told a press conference on Thursday. It also helps to overcome serious problems for the security of the two countries and for the safety of Cubans who had been encouraged by the preferential policy and had been exposed to human trafficking, immigration fraud and other scams. Havana hopes that the administration of Donald Trump will continue the process of normalization of relations with Cuba and will not reverse this measure, said Vidal.


Whilst the release of the budget did not contain any proposed measures which would directly impact the area of estate planning and succession law, it does have some measures which may have an indirect impact on how people structure their affairs.
Home Guarantee Scheme
The government has undertaken to extend its Home Guarantee scheme. This scheme allows successful applicants to purchase property with as little as a 5% deposit. This could potentially place parents in the unfortunate position of having to assist their adult children service loans that they may not necessarily be able to completely afford. The problem is that the parents, in doing what they consider is in their children’s best interest, do not always understand the issues that this may create for their estate when they pass away. For example, by providing regular financial assistance to adult children during their life, they may inadvertently create an ability for that child to seek further provision from their estate on their death.
Any parent should consider taking appropriate legal and financial advice before offering financial assistance to their adult children.
Pension Draw Downs
The government has also indicated that it will extend the minimum superannuation draw-down rates, which were reduced throughout the pandemic. Retirees will not be required to draw-down as much from their super as they are under the standard rules. The amount a person has in super can often impact the estate plan, as a person’s net wealth is relative to their overall estate plan.
It is also worth noting that while it might seem attractive to a retiree to keep as much as possible in the superannuation environment, if they do not have a dependent to leave those benefits (if they were leaving it to non-dependent adult children for example), those proceeds may end up being taxed. This means that a higher balance might not always provide the best long-term tax outcomes.
Testamentary Discretionary Trusts
As a quick refresher, a TDT is a trust that you establish in your Will for the benefit of your family or other loved ones. TDTs are advantageous in Wills because they provide asset protection benefits and potential tax-minimisation opportunities.
The budget did not give any indication that the government intended to amend the laws with respect to taxation of inheritances or Testamentary Discretionary Trusts (TDTs). The budget did however introduce two indirect changes that will positively impact TDTs.
Increase in the LMITO
The increase in the Low and Middle Income Tax Offset (by $420, bringing the maximum LMITO to $1,500) means that distributions within TDTs to beneficiaries who fall within that income tax bracket will receive an added boost. This is particularly effective for children under 18 who are beneficiaries of the TDT. These changes mean that the trustee of a TDT (the controller) can assign trust income to minor beneficiaries (such as young children/grandchildren) to be taxed at adult rates (with an effective tax-free threshold including LMITO of $25,437 per year, up from the previous $23,226 per year), as opposed to the tax rates for minors receiving trust income in a family trust (namely a trust not in the Will) which has a tax-free threshold of only $416 per year. However, it is noted that LMITO is planned to end on 30 June 2022.
The government is planning to digitalise trust and beneficiary income reporting and processing, by facilitating the lodgement of electronic trust income tax returns. Trust income reporting and assessment is not currently automated to the same extent as personal and company tax returns. From 1 July 2024 when this measure is to commence (pending confirmation of software providers’ ability to deliver), trustees will be able to lodge tax returns themselves electronically. This option will reduce compliance burdens on trustees, reduce processing times, increase pre-filling and automate ATO assurance processes, making TDTs easier for trustees to self-manage if appropriate.
For more information on the effectiveness of TDTs and examples of how the tax concessions work, please see our factsheets here.


Napoleona Tea Company (Napoleona Tea) owns and operates the website located at http://www.NapoleonaTea.com (the “Site”). By using, accessing, browsing, and shopping on this Site, you agree to the following Terms & Conditions. If you do not agree to the following terms and conditions, discontinue using, accessing, browsing, or shopping on this Site. Your access to and use of the Site, content, and services is at your own risk. Napoleona Tea will have no responsibility for any harm to your computer systems, loss of data, or other harm that results from your access to or use of the Site, content, and services. You agree that Napoleona Tea may revise these Terms & Conditions from time to time. By continuing to access or use the Site, content, services and your account after any such revisions, you agree to be bound by the revised Terms & Conditions.
Copyright, Trademarks, and Service Marks
Unless noted otherwise, all the materials on this Site are protected as the copyrights, trademarks, and/or intellectual property owned by or licensed to Napoleona Tea Company. This includes without limitation the design, logo, text, graphics, pictures, software and source codes connected with this Site. You may not reproduce, modify, download, transmit, redistribute, store, or use any materials from this site, in whole or in part, without the express written consent of Napoleona Tea Company.
Napoleona Tea grants limited non-exclusive license to access and use to include downloading, copying and printing of pages from this Site strictly for personal and non-commercial use only. By using the Site you agree that you will access the content for personal and non-commercial use only.
Napoleona Tea may provide links to other non-affiliated companies through its website. Napoleona Tea is not responsible for and makes no representations or warranties about sites accessed through these links. Use of these links is at your own risk. By utilizing these links, you waive any and all claims against Napoleona Tea for providing links to other websites and your use of those websites. Napoleona Tea will have no responsibility for any harm to your computer system, loss of data or other harm that results from your access to or use of such links.
Limitation of Liability
In no event will Napoleona Tea or its suppliers be liable to you or to any third party for any harm to your computer systems, lost profits, lost data, interruption or delay, or any other special, punitive, indirect, incidental or consequential damages of any kind arising out of use of the Site or any data supplied therewith, or for any claim by any other party even if Napoleona Tea has been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable.
In jurisdictions where exclusion or limitation of incidental, consequential, indirect or special damages is not allowed, so the above limitations may not apply. The remaining Terms & Conditions will continue to be binding and enforceable.
These terms and conditions shall be governed by and construed in accordance with the law of the State of Illinois, without regard to the conflict of the laws thereof, and to the laws of the United States.


Feedback and Complaints Policy
What is the Purpose?
To set out our customers’ rights to provide feedback and make a complaint.
Who needs to know about this Policy?
- All Northcott staff
- All Northcott customers
What is Northcott’s Policy?
- Northcott’s Feedback and Complaints Policy is developed in accordance with the National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018 and the NDIS Quality and Safeguards Commission (the Commission) Effective Complaint Handling Guidelines for NDIS Providers.
- Complaints and other feedback are welcomed through a transparent and easily accessible process.
- The right support and assistance is available to support people accessing the complaints system.
- People affected by the complaint are involved and kept informed at all stages of the process. This includes progress, resolution, any actions taken, reasons for decisions made and options for decisions to be reviewed.
- Feedback including complaints, suggestions and compliments are welcomed and important to make sure the services we deliver are good and of the highest quality.
- We recognise, respect and encourage the rights of people to raise complaints and give feedback without fear of retribution or discrimination. People are treated with respect and dignity throughout the feedback and complaints process.
- Feedback and complaints can be given in writing or by telephone, email, fax, speaking to someone or any other method of communication.
- There is no ‘wrong door.’ Feedback or complaints can be given to anyone in the organisation.
- We regularly ask for feedback about our services through surveys, service reviews, formal customer consultation meetings and encouraging informal feedback from customers.
- How feedback or complaints are given will not affect how quickly we respond to you or the result of the response.
- We train staff so they are aware of the complaints process. They receive instructions on the use of and how to comply with the system.
- We train staff who work with children to consider their vulnerability and to listen carefully to any complaints they make as they may not use adult ‘complaint’ language.
- Complaints about services received are handled in line with relevant legislation. This could include referring to the appropriate law enforcement agency.
- We offer appropriate support and assistance to any person who wants to make a complaint to our service or to the Commission.
- All complaints are recorded so we can identify trends and risks and make recommendations for improvements at an individual, service or organisational level.
- A standard approach to complaints management.
- Feedback and complaints are managed in a fair and transparent way. We always try to reach a positive result.
- We encourage good listening and communication to make decisions based on evidence not speculation or suspicion.
- Decision makers must be fair, unbiased and impartial and abide by the guidelines of procedural fairness.
- Complaints will be handled in a timely and effective manner and all records will be kept for a minimum of seven years.
- Northcott will not share customer personal information without the person’s written permission unless we are required to by the law. For example, mandatory reporting of child wellbeing concerns.
- People are updated about the progress of their complaint and involved in the resolution process.
- We promote our feedback and complaints process and use it to identify problems with service delivery and how they can be fixed.
This Policy does not cover an employee grievance. These should be lodged and managed by following our Grievance Policy and Procedure.
Equity and Access Considerations
- All actions and decisions are made in consideration of the age, culture, disability, language, religion, gender and sexuality of complainants.
- Information is communicated and feedback is asked for in user friendly formats to suit the needs of customers, families, carers and target groups in the community.
- Our staff will tell the complainant that they have the right to involve an advocate and make all efforts to help them find an appropriate advocate if requested. A list of advocacy services is available in the Feedback and Complaints brochure.
- When a child or young person makes a complaint, Northcott staff will offer to find a support person to help them during the complaint process. It may not be appropriate for the complainant or child to be directly involved in the resolution of a complaint.
- Northcott staff will seek the complainant’s permission before referring them to an interpreter or advocate.
- The Complaints and Feedback Notification Form and Feedback and Complaints brochure are available to everyone on our website under “Feedback”.
- Northcott staff must provide services with sensitivity and consider the beliefs and practices of customers from different cultural and language backgrounds. This includes the needs of Aboriginal and Torres Strait Islander people, their families and communities.
- Communication about this policy should be done in a way that suits each individual with respect to their cultural background, for example, people may need an interpreter.
What other Northcott documents are related?
You may need to refer to these documents for more information:
- Feedback and Complaints Procedure
- We Need Your Feedback (Brochure and Poster)
Who is Responsible? What are they Responsible for?
- Chief Executive
- Final review and approval of this policy.
- Level 2 Manager
- Maintain this policy, its related procedures and documents.
- Level 3 and 4 Manager
- Ensure the policy is effectively implemented in their services.
- Ensure staff follow the policy.
- Ensure staff have read and understand the policy and have sufficient skills, knowledge and ability to meet the requirements.
- All Employees
- Follow the requirements of the policy.
Definitions, Legislation and Standards Compliance
Complaint – feedback you give us if you are unhappy with our service and you would like us to try to find a solution to the problem.
The technical definition is ‘an implied or express statement of dissatisfaction where a response is sought, reasonable to expect or legally required.’
Suggestion or Compliment – an opportunity for you to share a comment, opinion or idea about how we can improve something.
Procedural Fairness – acting fairly when making administrative decisions. For example, before adverse action is taken the person affected will be given notice, have an opportunity to express their views, oppose any adverse information and have any final decisions explained.
For other definitions, refer to the Northcott Policy Dictionary.
Legislation, Rules and Standards Commonwealth
- National Disability Insurance Scheme Act 2013
- National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018
- National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018
- Privacy Act 1988
New South Wales
- Children and Young Persons (Care and Protection) Act 1998
- Community Services (Complaints, Review and Monitoring) Act 1993
- Disability Inclusion Act 2014
- Ombudsman Act 1974
- Privacy and Personal Information Protection Act 1998
Australian Capital Territory
- Children and Young People Act 2008
- Disability Services Act 1991
- Health Records (Privacy and Access Act) 1997
- Ombudsman Act 1989
- Human Rights Act 2004
Standards and Guidelines
- NDIS Quality and Safeguards Commission, Effective Complaint Handling Guidelines for NDIS Providers
- National Standards for Disability Services 2013
- ACT Government Community Services Directorate, Complaints Handling and Management Policy
- NSW Ombudsman, Effective complaint handling guidelines, Third edition, February 2017
- Disability Services Commissioner (Victoria), Good practice guide and self-audit tool: Developing an effective person centred complaints resolution culture and process
Note. Version 11


Statement from Chris James, President and CEO of the National Center for American Indian Enterprise Development, on the passing of Congressman Don Young:
“The National Center is saddened by the passing of Alaska Congressman Don Young. For nearly 50 years, including as Chairman of the House Natural Resources Subcommittee on Indian, Insular and Alaska Native Affairs, Congressman Young was a fierce advocate and tireless champion for the Alaska Native community and all of Indian Country. He spearheaded many legislative and funding priorities of Indian Country, always promoting the business and economic development agenda of the National Center. In recognition of his extraordinary leadership, the National Center presented Congressman Young with the Congressional Lifetime Achievement Award at its 2012 Reservation Economic Summit (RES). In the 10 years since that award, Young continued his advocacy of key legislation championed by the National Center that has become law, such as the Native American Business Incubators Program Act (Public Law 116-174) and the Indian Community Economic Enhancement Act (Public Law 116-216), in addition to other achievements advancing Indian economic and energy development.
“Congressman Young always gave full-throated support to Native communities’ priorities, and we owe a debt of gratitude to him persistent, bipartisan leadership in an increasingly divided Washington. Our thoughts are with his wife Anne, his friends and family, and the millions who benefited from Congressman Don Young’s distinguished career in public service.”


U.S. Supreme Court
Colburn v. Grant, 181 U.S. 601 (1901)
Colburn v. Grant
Argued and submitted April 8-9, 1901
Decided May 20, 1901
181 U.S. 601
APPEAL FROM THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
The statements below of the Court of Appeals of the District of Columbia in this case that abandonment of discretionary power by a trustee to his co-trustee is a fact to be proved by him who alleges it, that so likewise is negligence in the supervision of a trust, and that neither abandonment nor negligence is to be implied without satisfactory proof of the fact, or of circumstances sufficient to warrant the inference, and that the court does not find that proof in the statement of facts contained in the record, are cited and approved by this Court.
The treatment of facts and law in the opinion of the courts below was full and satisfactory, and releases this Court from further discussion.
This is an appeal from a decree of the Court of Appeals of the District of Columbia which affirmed a decree of the Supreme Court of the District dismissing a bill in equity, which had been filed in that court. The complainants were legatees of one Augustus G. P. Colburn, and their trustee, Franklin H. Mackey, against Robert E. Grant, the executor of the estate of chanrobles.com-red
George Fitz James Colburn, a deceased trustee of the estate of said Augustus Colburn, for an accounting, it being alleged that there had come into the hands of said trustee and his co-trustee, both of whom were deceased, a large sum of money, namely, $28,000, and that only $5,000 thereof had been accounted for. The codefendants of the defendants' executor were those persons who would be entitled to distribution of his testator's estate. The case was heard upon the pleadings and an agreed statement of facts.
The stipulation of facts was as follows:
"In order to obviate the expense of taking testimony in relation thereto, it is hereby stipulated and agreed that the following are conceded as facts, and that the statements herein may be read and taken in this cause as established."
"That the complainant Franklin H. Mackey, as trustee, was appointed by decree of this Court in equity cause No. 18,728, and has qualified as such."
"That the complainants Rollinson Colburn and Edward A. Colburn are the only surviving children of Hervey Colburn, who was a brother to Augustus G. P. Colburn."
"That the complainants Elizabeth F. Colburn, Gertrude H. Colburn, F. Helen Colburn and Louise B. Colburn are the only children of H. Hobart Colburn, a deceased child of the said Hervey Colburn; that said H. Hobart Colburn predeceased the said George Fitz James Colburn and that all the above-named parties are now of full age."
"That George Fitz James Colburn died in September, 1897, unmarried and without issue, his wife having died before him, and that all the brothers and sisters of Augustus G. P. Colburn predeceased the said George Fitz James Colburn except P. D. Miranda Kimball, who died on the 22d day of December, 1897."
"That under the will of the said Augustus G. P. Colburn, the said George Fitz James Colburn and John W. Taylor were named as trustees, without bond, for the management of the trust portion of said estate, with power to sell the same."
"That the real estate in the City of Newark, State of New Jersey, mentioned in the will of the said Augustus G. P. Colburn, was sold by said trustees shortly after the death of the
testator, the net proceeds arising therefrom amounting to $27,000, which was paid part in cash and the remainder in subsequent installments, the latter installments being collected by the said Taylor."
"That the said George Fitz James Colburn removed from the City of Newark in the year 1873 to the City of Washington, District of Columbia, where he resided, except for a few months, up to the day of his death."
"That John W. Taylor, one of the said trustees, was a prominent lawyer of the City of Newark at the time of his appointment, and continued so to be up to the date of his death in the year 1893, and that he was regarded by the general public as a man of business integrity at the time of his death by his own hands on November 20, 1893."
"That after the death of the said Taylor, it was found that he had squandered many estates under his custody, amongst others the said estate of Augustus G. P. Colburn, except the sum of $5,000, which was under the exclusive control of the said George Fitz James Colburn, and which latter sum of $5,000 has been turned over by the executor of said George Fitz James Colburn to said Franklin H. Mackey, trustee, by order of this Court in equity cause 18,728."
"That the said trust estate, except the said sum of $5,000 referred to, was by the said George Fitz James Colburn left solely to the collection, management, and discretion of the said Taylor, who handled said sum without the cooperation, supervision, or knowledge of the said George Fitz James Colburn, the latter only requiring from said Taylor the payment of the income of said estate to him, said George Fitz James Colburn, as provided by said will."
"Upon the death of said Taylor, trustee, the said George Fitz James Colburn, as surviving trustee, made claim against the estate of said Taylor for the amount of the trust fund by him squandered, as aforesaid, and upon said claim of $22,000 he received a dividend of $3,342.45."
"That by paper writings dated respectively September 6, 9, and 11, 1895, Rev. Edward A. Colburn, Rollinson Colburn, and H. Hobart Colburn released all claim to the said $3,342.45 unto
the said George Fitz James Colburn, and that thereupon the said George Fitz James Colburn purchased an annuity for himself, which he enjoyed until his death. Said paper writing is in the following form:"
"I hereby give my full assent that my cousin, George Fitz James Colburn, shall have full right to use the sum of $3,342.45 received by him from his father's estate, should he so have need, and do resign any interest I may have in said sum of $3,342.45 if he so desire to use it."
Originals of above paper to be filed in this suit.
MR. JUSTICE SHIRAS delivered the opinion of the Court.
The case was heard in the Supreme Court of the District on bill, answers, and an agreed statement of facts. Some complaint is made in appellants' brief of the alleged fact that the court treated certain allegations in the answer of the defendant executor as evidence, although an answer under oath had been dispensed with, and it is said that only those portions of the answer which admitted the allegations of the bill, or contained admissions against interest, should have been considered.
We are inclined to think that, upon the record made up and presented at the hearing, the court had a right to consider all the allegations of the answer. No replication putting the allegations of the answer in issue appears to have been filed, and the court may have well supposed that the complainants had agreed to have the case disposed of on bill, answers, and stipulation. If such a course was a surprise to counsel, application should have been made to have the decree suspended, and for leave to take rebutting evidence.
However, we have examined and compared the respective allegations of the bill and answer, and do not perceive that, even upon the theory of appellants' counsel, any such substantial chanrobles.com-red
difference in the facts could have been made to appear as would have justified a different result.
Not only, then, is there an agreement as to the controlling facts, but there also seems to be little or no controversy in respect to the principles of law involved. The learned counsel for the appellants concedes, in effect, the propositions of law found in the opinion of the Court of Appeals, but contends that a proper application of those propositions would call for a different decree.
The purpose of the bill is to have the estate of George Fitz James Colburn held liable for a defalcation by John W. Taylor, who was united with said Colburn in the administration of a trust estate created by the will of Augustus G. P. Colburn, father of George F. J. Colburn.
The father, who was a resident of Newark, New Jersey, died on May 27, 1872, and in his will, dated May 25, 1872, devised to said son, for and during his natural life, a certain dwelling house and lot in said city, with power to the trustees named in the will, who were his said son and John W. Taylor, to sell the same at any time, and to invest the proceeds of such sale as advantageously as possible, and to pay over the income arising therefrom to his said son during his life. Shortly after the death of the testator, the trustees sold this real estate for the sum of $27,000, which was paid partly in cash and partly in installments. George F. Colburn subsequently removed to the City of Washington, where he died in September, 1897.
John W. Taylor was a prominent lawyer in the City of Newark at the time of his appointment, and continued so to be up to the date of his death, and was regarded by the general public as a man of business integrity at the time of his death by his own hand on November 20, 1893.
After Taylor's death, it was discovered that he had squandered many estates in his custody, among others the said estate of Augustus G. P. Colburn, except the sum of $5,000, which was under the exclusive control of George F. J. Colburn, and which latter sum is not in controversy here.
Upon the death of Taylor, George F. J. Colburn, as surviving trustee, made claims against the estate of Taylor for the amount chanrobles.com-red
of his defalcation in the estate of Augustus G. P. Colburn, and upon said claim of $22,000 he received a dividend of $3,342.45. The amount so received was subsequently, with the consent of the residuary legatees under his father's will, invested by George F. J. Colburn in an annuity for himself, which he enjoyed until his death.
Without going into further details, it is evident, and, indeed, is conceded, that George F. J. Colburn was not involved in the dishonest acts of his co-trustee, and which resulted in the loss of the larger part of the trust estate. Nor is it contended that, as a matter of law, was George F. J. Colburn liable for the malfeasance of his co-trustee.
What is contended is that an abandonment of discretionary power by a trustee to a co-trustee, where the trust is entitled to the united discretion of both, is such an act of supine negligence as to render the trustee who has abandoned his active participation in the management of the trust liable for the losses occasioned by the misconduct of the co-trustee; that George F. J. Colburn did so abandon his functions as trustee, and that, accordingly he was, and his estate now is, liable for the money misapplied by Taylor.
The courts below did not refuse to recognize the soundness of appellants' statement of the law as a general proposition, and, indeed, stated it strongly in the following language:
"Co-trustees may not act independently of one another, nor ignore each other in the management of the trust. The trust is entitled to the united judgment, discretion, and ability of all the trustees selected. For this reason, they may not delegate discretionary powers among themselves."
But it was the opinion of those courts that, while such is the general doctrine, yet that the facts of the present case do not call for its application; that the conduct of Colburn was not in the nature of an abandonment by him of duties devolved upon him as trustee under his father's will.
The supreme court thus expressed its conclusion:
"After a loss has occurred, as in this case, by the positive fault of someone, it may be easy to say how it could have been prevented; but in order to hold someone else fairly responsible,
the point of view held by the party sought to be made liable at and before the loss occurred is the only safe point of view to assume. . . . From the light of the circumstances shown, I cannot convince myself that George F. J. Colburn was guilty of any such negligence as to render him liable, nor that the claim now made by the bill in this case is a proper one to be allowed against his executor."
The Court of Appeals, after a full statement of the facts and the law applicable thereto, expressed the following conclusion:
"But we fail to find in the agreed statement of facts sufficient proof of the abandonment of the duties of the trust by George Fitz James Colburn or any proof of negligence on his part in the supervision of the trust in such manner as to render him or his estate liable."
"It is true that it is said in the statement that the trust estate, to the extent of $22,000 was left by Colburn to 'the collection, management, and discretion solely of Taylor,' and that Taylor 'handled said sum without the cooperation, supervision, or knowledge of Colburn.' But this is not sufficient. The statement may be consistent with the relinquishment only by Colburn of the ministerial duties which he might well have entrusted to Taylor. In order to hold Colburn responsible, there should be some evidence of abandonment by him of the discretionary duties which it was not proper for him to delegate to his co-trustee."
"It is very evident that the testator had confidence in Taylor, whom he designates as his friend, and who was in all probability his legal adviser, and the joinder of Taylor in the trust is, under the circumstances, strong evidence that it was the testator's intention that his should be the controlling mind in the management of the trust, and this view is fully corroborated by the fact that Colburn, in view of his own special interest in the trust and that there was a residuary devise of the trust fund, might not be entirely impartial or entirely judicious in such management. If the real estate which originally constituted the trust fund had remained unsold, and no duty had been imposed on the trustee Taylor other than to collect the rents and to remit them to Colburn in Washington, and this
duty had been left exclusively to him, we do not think that it would be reasonable to infer from this fact alone that Colburn had abandoned the trust, and yet in that contingency this would have been the only duty to be performed under the trust, except the payment of taxes and insurance, and all this would necessarily have been under the supervision of Colburn and subject to his approval and ratification in the acceptance of the rents remitted to him. When the real estate was sold and the proceeds invested or reinvested, did any different condition arise? It does not anywhere in the record appear how this fund of $22,000, alleged to have been left to the management of Taylor, was invested. It does not appear that, after having been once invested, there was ever need or occasion for reinvestment. Indeed, it may reasonably be conjectured that the amount remained as a mortgage on the property sold, and inasmuch as there is nothing to show that such mortgage was ever paid and that the proceeds were reinvested, it would not be unreasonable to assume that the investment remained as it was first placed. At all events, we cannot assume the contrary in the absence of proof. We cannot assume that the money became due, and that Taylor received it and reinvested it without the concurrence of Colburn, or that he wholly failed to reinvest it and converted it to his own use. That Taylor obtained control of the fund and misappropriated it is very clear, but when, or how, or under what circumstances he did so we are not told. For all we know, he may have come into possession of the fund in the last week or the last month of his life, and he may have been the ministerial agent to receive the money when it was due and payable. He may have come properly into possession of it, and the misappropriation may have been an afterthought. We cannot infer delinquency on the part of Colburn when there is no more proof than is contained in this record that, by his abandonment of his trust or by his negligence in the supervision of it, he had put it in the power of his co-trustee to prove faithless in his duty. Abandonment of discretionary power by a trustee to his co-trustee is a fact to be proved by him who alleges it, and so likewise is negligence in the supervision of a trust. Neither abandonment
nor negligence is to be implied without satisfactory proof of the fact or of circumstances sufficient to warrant the inference, and we do not find that proof in the statement of facts contained in this record."
Another fact in this case is not without weight.
After Taylor's death, and when it appeared he was a defaulter, Colburn at once presented a claim, as co-trustee, against his estate, and was allowed a dividend in the sum of $3,342.45. Thereupon the residuary legatees consented in writing that Colburn should have a right to use said sum in the purchase of an annuity on his own account.
While we are not disposed to accept the suggestion, on behalf of the appellees, that, by consenting to such a use by Colburn of the money received from the estate of Taylor, the residuary legatees were estopped from claiming liability for the rest of the fund misapplied by Taylor, we yet think that such a consent tends strongly to show that the residuary legatees, who were fully aware of all the facts and circumstances, did not regard Colburn's conduct as subjecting him to liability for Taylor's misconduct. And the further fact, shown by the record, that no intention to hold Colburn for Taylor's defalcation was ever disclosed till more than two years after Colburn's death, and nearly six years after that of Taylor, tends to show that the effort to so hold him is an afterthought, not entitled to the approval of a court of equity.
The treatment of facts and law in the opinions of the courts below, contained in the record, was so full and satisfactory as to relieve us from further discussion.
The decree of the Court of Appeals of the District of Columbia is


Reasonability of Policies and Laws -- From the Negative Freedom Perspective
Government implements public administration mainly by policies and laws which the citizen must abide by. Policies and laws which can be called as legal system are ensured by public power of the government. From perspective of Hayek’s negative freedom that the conception of freedom is avoiding arbitrary compulsory from other individuals and organizations even the public government in the modern society. Security of freedom which is realized by setting delimit for behaviors which could prevent arbitrary coercion so that state and government should abandon positive stylized design and should also set reasonable limit for government’s power to avoid arbitrary enforcement from public power and guarantee the rights of individuals.
Keywords: Negative freedom; Policies and laws; Public power
Hayek, F.A. (1960). The Constitution of Liberty (pp. 3). Beijing, China: Sanlian Press.
Hume, David (1734). A Treatise of Human Nature (pp. 157).Beijing, China: Commercial Press.
WU, Zhongmin (2011). Development and Problem of Liberty and Peace for 30 Years from Reform and Opening up to the World. Journal of Qinghua University Philosophy and Social Science Edition, (2), 25-42.
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Why Aren’t Rottweilers Used as Police Dogs?
Rottweilers are large and robust dogs with a strong work ethic and an impressive level of intelligence. These qualities make them naturally suitable for a variety of tasks, including police work. However, it is surprising to note that Rottweilers are not commonly employed as police dogs. In this article, we will explore the reasons behind this phenomenon and delve into the frequently asked questions regarding this topic.
1. Perception and Public Image:
One of the main reasons why Rottweilers are not widely used as police dogs is due to the perception and public image associated with this breed. Rottweilers have often been portrayed as aggressive and dangerous dogs in popular culture. While this stereotype is far from the truth, it has led to a negative perception among the general public. Law enforcement agencies often prefer breeds that have a more favorable public image, such as German Shepherds or Belgian Malinois.
2. Training Challenges:
Training police dogs is a complex and demanding process, requiring a significant amount of time and resources. Rottweilers, despite their intelligence and work ethic, can be challenging to train compared to some other breeds. They tend to be more independent and strong-willed, which may require a different approach to training methods. This additional effort required for training Rottweilers may discourage some law enforcement agencies from choosing them as police dogs.
3. Liability Concerns:
Liability is a significant concern for law enforcement agencies when selecting police dogs. Due to their size and strength, Rottweilers have the potential to cause more damage if things go wrong during an operation. This increased liability risk may deter agencies from utilizing Rottweilers as police dogs, as they would need to ensure the safety of both the public and their officers.
4. Breed-Specific Legislation:
In certain jurisdictions, breed-specific legislation (BSL) has been implemented, which restricts or bans specific breeds, including Rottweilers. These laws are often influenced by public perception and a misunderstanding of certain breeds, leading to unfair restrictions. BSL can limit the use of Rottweilers as police dogs in these areas, as law enforcement agencies must abide by local regulations.
Q: Are Rottweilers too aggressive to be police dogs?
A: No, Rottweilers are not inherently aggressive. Like any other breed, their behavior is shaped by their upbringing, training, and socialization. With proper training and guidance, Rottweilers can excel in police work just like many other breeds.
Q: Which breeds are commonly used as police dogs?
A: German Shepherds and Belgian Malinois are the most commonly used breeds in police work. They are known for their intelligence, versatility, and strong drive to work. Labrador Retrievers and Dutch Shepherds are also occasionally used in police roles.
Q: Can Rottweilers be trained for specific police tasks, such as tracking or narcotics detection?
A: Yes, Rottweilers can be trained for a wide range of tasks, including tracking, narcotics detection, and even search and rescue. While they may require additional training efforts compared to some other breeds, their natural abilities and work ethic make them suitable for these tasks.
Q: Are Rottweilers good family pets?
A: Yes, Rottweilers can make excellent family pets. They are known for their loyalty, protectiveness, and affectionate nature towards their family members. However, early socialization and proper training are crucial to ensure they grow into well-behaved and balanced companions.
In conclusion, the limited use of Rottweilers as police dogs can be attributed to their public perception, training challenges, liability concerns, and breed-specific legislation. However, it is important to remember that these factors do not reflect the true potential and capabilities of the breed. With the right training, Rottweilers can excel in various roles, including police work, showcasing their intelligence, strength, and loyalty.


Results 1–8 of 8 for "FAQ"X related to "National Memory Screening Day:..." Refine Your Search Refine Your Search TopicLaw & psychology (1)Document TypeFAQXAuthor/ContributorState Advocacy Staff (1) Results 1–8 of 8 Relevance Title A-Z Title Z-A Newest First Oldest First Sort by: 1.Physician Quality Reporting System: Questions and Answers for PsychologistsPQRS is a voluntary reporting program that provides a financial incentive for certain health care professionals, including psychologists, who participate in Medicare to submit data on specified quality measures.FAQ 2.Can nonmembers submit convention proposals?A nonmember of APA may submit a proposal if an APA member is a coauthor of the presentation or sponsors the proposal. FAQ 3.The Practice Assessment: What You Need to KnowAnswers to common member questions about the annual payment supporting the work of the APA Practice Organization (updated April 2010).FAQ 4.What kind of content is in PsycEXTRA and how can it be obtained?In addition to abstracts, citations, and full indexing, PsycEXTRA includes full text of other materials. This database is included in various database access packages.FAQ 5.Copyright Permissions FAQsRightslink is an online permissions service. It was created by Copyright Clearance Center, the world's premier provider of copyright licensing and compliance solutions. Rightslink enables customers to license content on demand directly from the APA web site.FAQ 6.HIPAA Frequently Asked QuestionsAnswers to your questions about the HIPAA Privacy Rule, personal health information, covered entities and research databases.FAQ 7.What is the APA Practice Organization, and how is it supported?A 501(c)(6) tax-exempt organization, the APAPO engages in unrestricted advocacy in support of practicing psychologists to advance, protect and defend the professional practice of psychology.FAQ 8.HIPAA for Psychologists Privacy Rule Course FAQ"HIPAA for Psychologists" is a comprehensive course to help practicing psychologists comply with the HIPAA Privacy Rule, including state-specific forms.FAQ Relevance Title A-Z Title Z-A Newest First Oldest First Sort by: ADVERTISEMENT Results 1–8 of 8 for "FAQ"X related to "National Memory Screening Day:..."


The U.S. government on Monday dropped deportation proceedings against Jorge Penate, a Guatemalan national who pleaded guilty about two years ago to reckless driving and whose family has been mounting a legal case to keep him in the country.
The outcome frees him from any imminent threat of deportation, but does not grant him legal status.
“It’s not what we hoped for or even thought would happen, but it’s 100 times better than the worst-case scenario,” said Dianne Twinam Penate, Jorge’s wife.
The Gainesville, Va., family may have a chance to adjust his status through a waiver that he can apply for while in the United States. It could be granted if he proves that separation from a spouse or parent who is a U.S. citizen would cause extreme hardship.
The Penates are one of a growing number of mixed-status families that have been affected by the record number of deportations in recent years.
Each of an estimated 4.5 million children who are U.S. citizens has a parent who is undocumented, according to the Pew Hispanic Research Center. In fiscal 2012 alone, about 150,000 children with citizenship had a parent deported, according to a study by Human Impact Partners, a health advocacy group.
Jason Penate, 12, attended his father’s hearing Monday.
He may not have followed each part of the complicated proceedings, his mother said, but “he does understand now that his dad is not going to be deported, and he does have a chance to change his status.”


IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION
June 2, 2006
BRUCE L. PILLSBURY, PLAINTIFF,
TIMOTHY W. MARTIN, IN HIS OFFICIAL CAPACITY AS SECRETARY, ILLINOIS DEPARTMENT OF TRANSPORTATION AND INDIVIDUALLY, AND JULIE CURRY, INDIVIDUALLY, DEFENDANTS.
The opinion of the court was delivered by: Richard Mills, U.S. District Judge
This case is before the Court on the Defendants' motion for leave to cite supplemental authority in support of their motion for summary judgment.
The Defendants seek an Order granting them leave of Court to cite three recent opinions as additional authority in support of their motion for summary judgment. They have attached the one Seventh Circuit opinion and two district court opinions to their motion for leave. The Defendants contend that based on these cases, they are entitled to summary judgment.
In his response to the Defendants' motion for leave, the Plaintiff disputes that these cases compel granting the motion for summary judgment. However, he agrees that these cases should be considered by the Court in ruling on the motion for summary judgment.
Ergo, the Defendants' motion for leave to cite supplemental authority in support of their motion for summary judgment [d/e 20] is ALLOWED.
ENTER: June 1, 2006
Richard Mills United States District Judge
© 1992-2006 VersusLaw Inc.


Change to the nominations for the Board of Directors of Comet Holding AG
Thilo von Selchow has withdrawn his candidacy for the election to the Board of Directors of Comet Holding AG for personal reasons.
At the coming Annual General Meeting of Comet Holding AG on April 22, 2021, Thilo von Selchow will not stand for election to the Board for personal reasons. The Board of Directors respects this decision and therefore makes an adjustment to the election proposals published on April 1, 2021. It withdraws motion 4.6 (new election of Thilo von Selchow as member of the Board of Directors) and 5.2 (new election of Thilo von Selchow as member of the Compensation Committee).


Depending on the facility’s policies, visitors may be permitted to possess cell phones, personal digital assistants, tablets, laptops, and other electronic devices. No one may photograph or record at a USCIS office except when observing naturalization or citizenship ceremonies.
Are phones allowed in USCIS office?
Under USCIS policy cell phone, video, and audio recording, as well as traditional and cell phone photography are all prohibited in USCIS field offices, unless specifically allowed during naturalization ceremonies.
Can I bring phone to green card interview?
Yes. You can’t use it during the interview – turn it off or on vibrate.
Can I bring backpack to USCIS?
You can bring anything because you have to walk through a metal detector and have your bags scanned. You’ll most likely be talked to like you’re a criminal, but it’ll be fine.
Can I take my phone to biometrics appointment?
Before entering the USCIS biometrics center with your USCIS appointment notice, be sure to leave your cell phone or any digital camera in the car or with a friend. Cameras and phones are not allowed in the USCIS offices.
How can I speak to a USCIS representative by phone?
Our toll free number is 800-375-5283 (TTY 800-767-1833) and our hours of operation are Monday to Friday, 8am to 8pm Eastern.
Does USCIS check phone records?
It doesn’t. The best strategy is simply to assume that anything you post online will be seen and examined by immigration authorities. Some immigration attorneys may even recommend that you refrain from social media use entirely while your visa or green card application is pending.
Can USCIS check your Whatsapp?
The short answer is yes, USCIS will usually look through your social media accounts before they approve any immigration applications. The short answer is no, USCIS officials will no longer look through your social media accounts before they approve your green card petition.
Does USCIS read your text messages?
If you are at U.S. port of entry or under investigation DHS may be able to view your phone calls and text messages. DHS also views your social media information.
Does USCIS check bank accounts?
Yes USCIS may verify information about your bank account with bank.
Does USCIS do home visits?
One of the things we’ve learned is that in many marriage cases, USCIS comes to visit the house. … But if you do have a marriage case on file, they’re probably at some point going to come check you out.
Can you bring phone to oath ceremony?
The N-445 mentions in bold letters no camera or cellular phones are permitted during the ceremony. I’m commuting to the ceremony and my cellphone is essential to me. I have nowhere to securely store it during the ceremony except with me.
How long does it take to get USCIS interview?
INTERVIEW. The citizenship interview usually takes place about 14 months, on average, after USCIS receives your naturalization application (sooner or later for some applicants).
Can you bring cell phone to USCIS interview?
Depending on the facility’s policies, visitors may be permitted to possess cell phones, personal digital assistants, tablets, laptops, and other electronic devices. … Phones should be turned off during interviews or while being served by USCIS staff at the information counter.
What documents do I need for biometrics?
Which documents should I take to my biometrics appointment? You should take the original copy of your USCIS biometrics appointment notice, your receipt letter (from the filed application or petition), and photo identification (e.g. passport, green card, employment authorization card, driver’s license, etc.).
How long does it take to have an interview after biometrics 2020?
It takes approximately 4-5 months to receive your citizenship interview appointment in the mail after completing the biometrics.


The Civil Society Institute election observer recorded on the mobile phone how a man was leading voters to the Avan precinct station number 01. The man noticed that he was filmed, approached the observer and attempted to take the phone away. The incident took place at about 13:20. The observer learned that the person was Samvel Ghumashyan, the deputy head of administration of Avan district.
Video by www.hra.am.


A passerby angrily confronted a man as he caught him having sex with a lady in front of cricket-playing children in broad daylight.
The couple were seen having alcohol-fulled sex on a cricket pitch in Roundhay Park, Leeds, in front of youngsters taking part in afternoon sports on Sunday.
In the video below, the passerby was seen confronting the couple and slapping the man multiple times after police failed to show up ontime to confront the pair.
According to Mail Online, parents were disgusted by the couple’s actions and called 999 at least five times before the passerby intervened and interrupted the couple’s steamy session at the city centre park.
On Monday, Officers admitted that they did not arrive until 46 minutes after they were called.
By the time police arrived at the scene at 1.55pm, the couple had left the park.
But a West Yorkshire spokeswoman said: ‘Officers saw the suspects’ vehicle and pulled it over. A woman was arrested and has been reported for summons for driving while over the limit and is due in court on August 24.
‘Inquiries remain ongoing into the incident at Roundhay Park and witnesses continue to be contacted. Each call is prioritised based on threat, harm and risk to the public.’
Watch the video below


The Wall Street Journal, quoting unnamed sources, said the SEC is expected to pursue a civil lawsuit against the company’s ex-general counsel Nancy Heinen on similar charges. Heinen, who will be accused of helping to manipulate one of her own option awards as well as a grant to Steve Jobs, the company’s chief executive, plans to contest the charges, the Journal further quoted the sources as saying.
class=”times”> Under Anderson’s settlement with the SEC, the newspaper said he is agreeing to pay a fine of about $150,000 and repay option gains of about $3.5 million. Anderson is not expected to any wrongdoing and will not be barred from serving as a corporate officer or board member of public companies, according to the report.
class=”times”> In December, after the completion of its internal probe, Apple cleared Jobs of any misconduct, saying he was unaware of the accounting implications of backdated grants and didn’t financially benefit from them because he never exercised his options (See Apple CEO Aware of Some Stock Option Grants ).
class=”times”> According to the Journal, the U.S. attorney’s office in San Francisco is also probing the Apple options matter, in addition to the SEC.
class=”times”> The Journal’s sources said the SEC is expected to charge Heinen for her role in a 2001 grant of a split-adjusted 15 million stock options to Jobs.
class=”times”> Part of the SEC’s case against Heinen involves a January 2001 option grant that Heinen received, along with Anderson and other top Apple executives.
class=”times”> Heinen left Apple in May 2006 while Anderson left in October (See Apple Reports Irregularities in Stock Option Grants ).
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Man arrested for cruise ship murder seven years after the fact
A man has been arrested for strangling his ex-wife onboard a Mediterranean cruise after seven years.
A man from California has been arrested in Florida for the murder of his ex-wife, whom he allegedly threw overboard during an Italian cruise seven years ago.
Lonnie Kocontes, 55, was remanded into custody by federal marshals and is now being held without bail, on a charge of ‘special circumstance murder for financial gain”, the Associated Press reports.
The cruise industry was rocked in 2006 when his ex-wife Micki Kanesaki fell into the Mediterranean from the Island Escape, which was sailing along the coast of Italy.
She had been sharing a cabin with Kocontes despite the pair divorcing in 2002 and continuing to live together until 2004.
She was last seen alive at approximately 11pm on May 25th, and was not seen again until her body washed up on the shore at Calabria. At the time, Kocontes said he had awoken in the middle of the night to find her missing from the room, prompting a full search of the vessel.
According to prosecutors, Kocontes, a lawyer, strangled Kanesaki to death and then threw her overboard.
FBI investigators launched a new criminal probe in 2008 after new evidence came to light alleging that Kocontes had transferred more than $1 million of his ex-wife’s money into joint accounts held with his new wife.


By Zach Patberg
Before Judge Steven Payner at State Supreme Court in Kew Gardens, Wirta, 56, in slacks and a blue blazer, admitted with a simple “yes” that he was drunk the night of Oct. 22 when he plowed into Vasean and his best friend, Angel Reyes, as they crossed a street in Flushing. Reyes, 12, survived but suffered permanent neural damage.When the assistant district attorney asked if the defendant could acknowledge to the court that the drunken collision caused the death and injuries, Wirta's lawyer, Anthony Rattoballi, said: “John Wirta acknowledges he learned of the death occurring subsequent to the accident.”For the boys' mothers, this admission was lukewarm at best.”I wanted to hear it come from his own mouth,” Vasean's mother, Monique Dixon, said outside the courthouse.Along with the prison term, the negotiated plea requires that Wirta serve 15 days of community services, three years' probation, complete a DWI program and pay a $1,000 fine. His license was also revoked, although he can reapply for it in six months.”This is the strongest possible punishment he could get,” Dixon said. “But we all have to remember that 60 days is not his penalty for killing Vasean.”Rattoballi suggested the punishment was too tough, saying it was “unheard of” for a first time DWI offender to serve a jail sentence.”If justice is blind, technically he shouldn't do any time,” he said after his client rushed from the courthouse without a word. “Tragedy shouldn't change the law.”Still, Rattoballi said Wirta agreed to the deal “to put some closure for his sake and for the sake of Ms. Dixon and Ms. Reyes.”Dixon and Angel's mother, Diane Reyes, recently completed a successful campaign in Albany to stiffen DWI penalties so that anyone who kills another while driving intoxicated faces up to seven years in prison rather than the one-year maximum Wirta faced under the previous law. The new measure, called Vasean's Law, took effect June 8.”We did this so no other family will have to wonder if the charges for their son's death will be a felony or misdemeanor,” Diane Reyes said of their lobbying efforts. “Now we can go home and grieve.”Both mothers now look ahead to the $50 million civil suits each has brought against Wirta – suits Dixon's lawyer, Tracy Brown, said have a better chance now that Wirta has pleaded guilty.Wirta will be formally sentenced Aug. 8, when the mothers will be allowed to give impact statements. Asked what she planned to say, Dixon said with a resolute glare: “I will give him just a small taste of what I feel so my words will haunt him for the rest of his life.”Reach reporter Zach Patberg by e-mail at firstname.lastname@example.org or by phone at 718-229-0300, Ext. 155.


Three Suspects Behind Bars in Multiple Shootings.
22-Year-Old Arrested on Suspicion of Shooting 25-Year-Old Man Multiple Times.
‘Multiple people’ killed in shooting on Tulsa, Oklahoma, hospital campus, police say.
Cases of Legionnaires’ Disease Surface in Riverside County.
Felon pleads not guilty.
Four people, including a child, were killed in a mass shooting at an office complex in Orange, California, on Wednesday night, a police official said. “Tonight around 5:30 pm officers arrived to a call of shots fired at the area of 202 W. Lincoln,” Lt. Jennifer Amat said, adding that officers encountered gunshots that were […]
Death Toll Rises to 50, Three Arrested in Possible Deadliest Human Smuggling Incident in San Antonio
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No charges will be laid following a lengthy investigation into a shooting incident near Houston in northern British Columbia.
Houston RCMP were dispatched to the Tahtsa Reach Forest Service area on May 26th, 2014, about 112 km south of Houston, where a shooting had occurred.
Police found the body of 59-year-old Jeffrey Cooper, a Washington, USA citizen, dead at the scene.
He had been grizzly bear hunting in the area at the time.
The North District Major Crime Unit and Houston RCMP General United conducted a complete and complex investigation and forwarded the extensive report to Provincial Crown Council.
After a careful review of the evidence, Crown Counsel has concluded that no charges will be approved in relation to the accident.
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An angry motorist who pushed a cyclist into the path of oncoming traffic has been jailed for two years.
A row broke out after Darren Hefferman, 37, overtook Gareth Marshall, 43, prompting Mr Marshall to ask the motorist to give him more room.
Hefferman stopped his car further up the road and waited for Mr Marshall before pushing him off his $4,000 bike into the path of oncoming traffic.
Newport Crown Court heard Mr Marshall, who hit his head on the bonnet of a van and was trapped under the wheels, was left with catastrophic injuries including a broken left collar bone, two fractures to his left shoulder, six or seven broken ribs, a damaged lung, a shattered pelvis, a dislocated right hip, a major burn to his lower back and three fractured vertebrae in his back.
Stephen Donoghue, prosecuting, said: “In summary this was an offence of road rage whether the defendant ended up punching or pushing the victim causing catastrophic and life-changing injuries.”
He said the incident took place on January 11 this year on Beaufort Hill road in Blaenau Gwent when Hefferman drove up behind Mr Marshall and tried to pass him.
“Mr Marshall noticed that the engine of a car was revving behind him, trying to overtake him and prevented from doing so as there is oncoming traffic,” the prosecutor said.
“Eventually they did go past. As the car passed, the passenger window was open and Mr Marshall said ‘Give me a bit more room, mate’ because he had gone quite close.”
The prosecutor told the court that Hefferman stopped his car further up the road and when Mr Marshall went pass either “punched him to the head of pushed him”, making him fall off his bike into the path of oncoming traffic, hitting the bonnet of a Ford transit van before going under the wheels.
Hefferman remained at the scene and told police: “I done it”, the court heard.
He denied punching the cyclist and claimed he had sworn at his wife, who was a passenger in the car, and that made him angry.
Mr Marshall was initially left confined to a wheelchair after undergoing three operations, including one to his spine that lasted 10-and-a-half-hours, but has since been able to walk again and has also returned to cycling.
Hefferman, of Cooperative Terrace, Nantyglo, Ebbw Vale, had pleaded guilty previously to a charge of wounding or inflicting grievous bodily harm without intent.
Jenny Yeo, defending, said that going to prison would be hard for the defendant’s family because he helps care for his sick mother and sister.
She said he had accepted responsibility but had no intention to cause the injuries that the incident had led to.
Jailing Hefferman for two years, Judge Richard Williams said: “Your behaviour was arrogant, stupid and dangerous and it shows a total lack of self-control.
“Mr Marshall suffered catastrophic injuries from what you did and will have to live with the consequences of your actions for the rest of his life.
“This incident arose because of your total lack of ability to control your temper and the consequences for Mr Marshall will be life-long.
“Confrontations between road users of this kind must be deterred and when they happen they must be dealt with severely.”
Speaking afterwards Mr Marshall, who runs his own newsagent business in Ebbw Vale, said: “I am pleased he has gone to prison but will it teach him a lesson? I doubt it very much.
“He knew what he was doing. To say it was a push is a joke and to say I abused his wife is total nonsense. He would say things like that because he didn’t want to go to prison.”


Champaign, Ill. (WAND) - Around 12:45 AM in Champaign on First Street and Armory Avenue police responded to a reported shooting.
When arriving on the scene police found a 21 year-old non-student who had been shot. The victim has since been sent to the hospital for treatment of a serious injury.
Information gathered by the police this far suggests the shooting was not random, but a targeted crime. There is no suspect information available at this point.
Campus security is patrolling the campus with assistance from the Urbana and Champaign police to ensure student safety.
Police are actively investigating how the incident happened and why it happened. According to reports, the victim, a Danville resident, was there for a party at 1100 Block Street and was seen walking back to his vehicle with his friends.
After speaking with a local resident, we were informed students did not receive a campus-alert text until the following morning. Students are also unaware if it is safe to walk around the intersection of First and Armory because residents are not exactly sure which apartment complex was fired at.
Police are encouraging anyone who saw the incident to call Champaign Police with any new information they might have. The Champaign Police Investigation Division can be reached at (217) 373-8477. Crime stoppers will be rewarded up to $1,000 if there are any leads on the victims shooter or the person responsible for the crime.