Healthdirect Free Australian health advice you can depend on. To begin with, farmers sowed their hemp crop in small patches, creating specific plants which were tall by design. The zero tolerance” local climate of the Reagan and Bush administrations led to passage of tight laws and compulsory sentences for possession of pot and in heightened vigilance against smuggling at the southern borders. While inaccurate about the potential risks of cannabis, post-cannabis-prohibition medical books continued to tell the truth about the actual ramifications of proper cannabis use. The survey Touwtrekken om hennep” (Hemp Tug of Conflict) dated 1972 concluded that the in charge use of cannabis is quite possible, as shown used, and this it was comparable to the use of alcohol and tobacco. Traffic dangers aren’t a considerable objection to legalization, though of course smart policy would discourage generating stoned, and especially driving a vehicle with both cannabis and alcoholic beverages on board. 250 million in courtroom savings, corresponding to estimates from the state’s Legislative Analyst’s Office. Having a greeting card also helps provide the authorities with a accurate data regarding marijuana use; the more people with cards, the greater power we have as an organization.
Other claims have passed small laws and regulations allowing residents to have cannabis only if they have problems with select uncommon medical illnesses. Adult visitors may feel the effects of vapors of 1 of the five different cannabis crops cultivated at the museum, in the special vaporizing room located on the premises. There does seem to be to be a temporary upsurge in fatalities induced by marijuana-related crashes around once as the establishment of Washington’s first marijuana shops. Mills remarks that ‘the story of cannabis and the Uk has been formed by the wider history of twentieth-century Britain’ (p. Nebraska and Oklahoma on Thursday asked the U.S. Supreme Court to declare Colorado’s legalization of marijuana unconstitutional. The drug regulations have been effective in lessening opportunities for dark-colored Americans. The arrival of controversial three strikes” laws and regulations and mandatory sentencing regimes intended that anyone convicted of nonviolent offences like marijuana ownership could be sentenced to life without parole. While the experiences of these wartime veterans are compelling, more research must be achieved in order to allow lawmakers to truly have a fact-based controversy on future medicine policy. In King State, admissions for pot and alcohol extended their downward styles after legalization. Thus, our research targets the factual effects of marijuana legalization, somewhat than on causal inferences. And generally, what most people understand as an addiction, no, cannabis is no addictive drug. The drugs background of colonial Britain, is examined in this article, including the surge of the prohibitionist movement, and their battle with the free-trade movement.
Today, I am back talking about the credit rating agencies and the role they play in the world of investment securities. This is so under the radar that even those educated in finance and banking do not fully comprehend the size of the role the credit rating agencies played in the mortgage-backed bond meltdown or the credit default swap fiasco. How do you get people, charged with making the laws and regulations, to understand the role the credit rating agencies played if they have no hands-on experience dealing with these corporations? Bond traders and bond underwriters understand what I am writing, but few outside the business really comprehend the size of the role the three largest credit rating agencies played in the disaster. In simple English, their credit ratings made the housing bubble possible and lead to the eventual meltdown of the mortgage-backed bond market. Their conflict of interest, their need to grow their own earnings by rating structured debt financing lead to the financial crisis and eventually the economic recession that followed.
A couple of States are suing the three largest credit rating agencies and it will be interesting to see what happens to them in court. No doubt they will appeal the decision all the way to the Supreme Court if the decision goes against them. Given the intellectual make up of the Supreme Court today, I would not bet which way those jug heads will go. But, the federal government needs to do something about the built-in conflict of interest credit rating agencies have with the bond underwriters that pay for the credit ratings. And lastly, credit ratings and their acceptance, like the acceptance of money, is a very important factor in the economic recovery of the nation. If every Federal Reserve Note was suspect, and no one trusted that they were not counterfeit, What would happen to the movement of goods and services throughout the economy? The integrity of the Triple-A credit rating and its acceptance among buyers and sellers is no less important than the acceptance of our paper money – Federal Reserve Notes.
This post takes an admittedly simplified and hopefully straightfoward look at the forthcoming hugely important Brexit case to be heard in the Supreme Court of the UK commencing Monday 5th December – (Supreme Court). The European Union (EU) referendum held on 23rd June 2016 resulted in an overall UK majority to leave the EU but, significantly, voters in Scotland and Northern Ireland voted to remain. BBC – Referendum results. The UK is a member of the EU because the government signed the various Treaties in 1972 and Parliament then enacted the European Communities Act 1972 to give effect to EU law in the UK – (see Note 1 below). The Treaty on European Union contains Article 50 enabling a Member State to leave the Union. The article requires (a) that a decision to leave be made in accordance with national constitutional requirements and (b) that notice of the decision is given to the European Council.
This triggers the leaving process and will at some point result in EU law ceasing to apply in the UK. Lawyers disagree on whether the UK could unilaterally decide to revoke its notice and thereby reverse the process. A definitive legal answer to that question would necessitate a journey to the Court of Justice of the EU (CJEU). If the Supreme Court were to consider that an answer was necessary to decide the appeal then, as a final court of appeal, a reference to the CJEU would have to be made – (see Note 2 below). There is generally a discernible lack of appetite for that course. The British government claims that it already has the power to give notice to the European Council that a decision to leave has been made. The power is, they argue, available under what are known as Royal Prerogative powers dealing with foreign affairs and, in particular, treaties. Prerogative powers are important.
It was by such power that Her Majesty the Queen appointed Theresa May as Prime Minister when David Cameron resigned – (see Note 3 below). It is under prerogative powers that the government may take the nation into a war. The courts of law (i.e. Her Majesty’s Judges) have the long-established right and duty to decide whether (a) any claimed prerogative power exists and if so (b) what legal limits apply to the power. This right is traceable back to the great constitutional struggles of the 17th century between the King and Parliament. ] AC 508 ). Another important limit was stated by Lord Oliver of Aylmerton in a case called J.H. United Kingdom, the Royal Prerogative, whilst it embraces the making of treaties, does not extend to altering the law or conferring rights upon individuals or depriving individuals of rights which they enjoy in domestic law without the intervention of Parliament. The claim by the government has been opposed by various “claimants” who argue that the government does not have the power to “trigger” Article 50 without the consent of Parliament.
They argue that this is because triggering Article 50 will deprive the citizen of rights and prerogative power may not be used to remove or alter such rights. The High Court heard the claimant’s arguments and agreed with them (Judgment). The court comprised the Lord Chief Justice (Lord Thomas CJ), the Master of the Rolls (Sir Terence Etherton MR) and a Lord Justice of Appeal (Lord Justice Sales). That is, by any standards, a strong court. The government has appealed to the Supreme Court. The appeal has attracted “references” and “interventions” from various sources and these have given the case added dimensions that were not present when the High Court heard the case. For example, Scotland, Wales and Northern Ireland have each advanced a number of particular reasons why Parliament should decide the issue rather than leaving it to Ministers to use the prerogative. There can be no doubt that Brexit will result in significant changes to the devolution settlements and all of the devolved governments /administrations are concerned about this being achievable by prerogative power. They say it is for Parliament alone to alter such constitutional arrangements. Scotland, Wales and Northern Ireland have “devolved” administrations.
No uniform model of power devolution within the UK has been adopted and so the precise detail varies from one nation to the other but important strands run through all the devolution arrangements. There is European Union (EU) membership. Another strand is the so-called “Sewel Convention” which provides that the UK Parliament will not normally legislate for devolved matters without the consent of the devolved legislature affected. Motions giving such consent under the convention are referred to as Legislative Consent Motions (LCM). For Scotland, the convention is now in statutory form – Scotland Act 2016 section 2. The Wales Bill clause 2 – currently progressing through Parliament – will put the convention in statutory form for Wales. For Northern Ireland, the convention continues to apply. An important point is that the Sewel Convention operates between legislatures and the ultimate decision whether to legislate without the consent of a devolved legislature is a decision for the UK Parliament and not for the executive. The case has already attracted an enormous amount of comment in legal circles and there are links to much of this in my earlier post.
The various commentaries often contain subtle, even intricate, legal argument and it remains to be seen whether any of this gains traction with the Supreme Court. For my part, I hope that the High Court’s decision is upheld. My reasons are stated in this post of 27th June. The opposing case will be powerfully argued. A “stellar” cast of Queen’s Counsel will appear for the government and other parties in court. We will know the Supreme Court’s decision in the New Year. All 11 of the present justices will sit on the appeal. The possibility of a split decision cannot be ruled out. Finally, in the event that it requires any emphasis, the case is NOT about the POLITICAL merits of Brexit. It is a question of LAW as to the exact scope of powers held by Ministers. Full details of the case may be read via the Supreme Court’s website. I will not be able to take four days out to follow every nuance of the the hearing but there are those who are lucky enough to be able to do so. The Supreme Court blog is one. The Supreme Court’s live feed will cover the entire proceedings, with no delay. See the Supreme Court website for details of “catch up” video and transcripts. 2. References are made under Article 267 Treaty on the Functioning of the EU. 3. The United Kingdom is a constitutional monarchy with HM The Queen as Head of State. The British government is, technically, Her Majesty’s Government and the Queen formally appoints Ministers of the Crown. 4. The UK is a party to over 14000 treaties.
Can an attorney waive a criminal defendant’s right to a public trial without consulting the client? Regulatory agencies and courts have often had trouble defining exactly how the authority between an attorney and her client should be allocated. It is often said that the lawyer can make decisions as to tactics while the client has the right to make decisions that relate to the objectives of the representation. As the comment to the rule explains, however, even though sometimes a lawyer and a client disagree about the means to be used to accomplish the client’s objectives, the rule does not prescribe how such disagreements are to be resolved. Thus, lawyers are left to interpret the rule as best as they can under the circumstances. This is not always easy given that sometimes what can be argued to be a tactical decision can affect a fundamental right of the client. The rule does, however, set some limits to the lawyers authority to make decisions for the client. For example, in a criminal case a lawyer can’t take away from the client the right to decide whether to agree to a plea offer, whether to testify and whether to waive jury trial.
Thus, one would think that if the decision involves one of these fundamental rights, the attorney must consult the client (at least) and that it is the client who has the right to make the final decision. Thanks to a recent decision of the Supreme Court of Massachusetts, however, even this is not as clear anymore – at least in that jurisdiction. Earlier this year, in Commonwealth v. Lavoie, 981 N.E.2d 192 (Mass. On appeal, the state supreme court reversed holding that counsel may waive a defendant’s right to a public trial during jury selection without his client’s express consent because the decision was tactical. In my opinion, this decision is wrong. The facts of the case are relatively simple. When the jury selection for the defendant’s trial began, court officers excluded his family from the court room. The defendant’s attorney did not object. On appeal from the judge’s ruling, a divided Appeals Court reversed concluding that the defendant’s right to a public trial had been violated. However, the story does not end there.
The case then went to the state supreme court, which agreed with the trial judge. The opinion is available here. The court clearly understood that the decision in the case depended on an understanding of the allocation of authority to make decisions within the attorney-client relationship. What I don’t understand is how the decision to waive a constitutional right of a client without consulting the client can ever be considered to be a tactical decision. How is it that the lawyer can deprive the client of the opportunity to make a choice that the constitution (and the rules of professional conduct) clearly say belongs to the client? Simply stated, if it is clear that it is the client who has the right to make the decision, the court should not say the lawyer can make the decision for the client. Otherwise, an attorney could always claim the decision was tactical. Isn’t it tactical to decide whether to plead guilty to avoid a trial? If so, then the attorney could decide for the client. Isn’t it a tactical decision to waive the right to a jury trial? Then why not allow the attorney to decide for the client? The decision to waive a public trial is no more tactical than the decision to waive a jury trial. In both cases, the decision affects the client’s fundamental constitutional rights and, thus, the attorney should not be allowed to decide for the client without consultation. According to the court, an attorney can waive a client’s constitutional right without consent if the attorney does so as part of a tactical decision. In my opinion waiving a client’s constitutional right should never be considered a tactical decision. It is a decision that belongs to the client.
When I first heard the Karl Rove story, my immediate reaction was that if a top White House aide “outed” a covert CIA case officer, there could be no excuse. Meanwhile, Democrats who insist they only want to get to the bottom of this issue have wasted more time castigating Rove than requesting that jailed reporter Judith Miller reveal her Plame source. The dirty truth is that this microscandal is the Democrats best – and maybe only – hope to regain relevance in American politics. This the state of a political party that cannot even formulate an opinion on the cornerstone of New Deal politics. With no issues to run on, Democrats are now entirely defined by their opposition to the Republicans. The “abuse of power” argument is a perfectly logical extension of their deep-seated belief that Americans really want to vote Democratic, since it’s self-evident (to them) that too many Republicans are a threat to the country. President Bush may have slipped in the polls recently but this molecular-level scandal will disappear soon enough along with the “abuse of power” mantra, especially if obstructionist Democrats thwart tradition and deny a Supreme Court nominee an up-or-down vote. The hollow rallying cry of “there are too many Republicans” may stir the Howard Dean crowd but it isn’t an election winner.
According to press reports Texas AG Abbott and civil rights groups are trying to negotiate a settlement to the redistricting mess. The problem the Republicans face is, if Greg Abbott cannot negotiate a settlement acceptable to the Republican Party, Greg Abbott will again be forced to challenge any court drawn maps, which will in effect delay the primaries again. WHAT SHOULD BE DONE? I have always argued that redistricting should be based on two steps. First you start in the north west corner of the state and then go equal distances east and south until you have a district which represents some 500,000 to 550,000 people. Second, you then allow a committee to tweak the districts based on economic variables which tie districts together. There should be an absolute prohibition against considering voting patterns by political party. This is not a far flung idea. Some states have moved to nonpartisan committees.
Australia has one of the world’s best health care systems, with highly qualified medical practitioners, excellent facilities and a range of complementary services aimed at optimising patient outcomes. Unfortunately, health care is never risk-free, and mistakes can happen that leave people with serious long-term problems. If you have experienced physical or psychological issues as the result of poor care, you could be entitled to medical negligence compensation. Put simply, medical practitioners owe you a duty of care, but they may breach this obligation in a number of ways. Your doctor may misdiagnose an illness, for example, or fail to adequately inform you of surgery risks. Not all errors constitute negligence, however. Medical practitioners owe patients a duty of care. You must typically show that medical practitioners did not take ‘reasonable care’ and, as a result, you suffered new injuries or the exacerbation of existing illnesses. The courts must often consider many factors when deciding whether you were the victim of negligence.
To illustrate the difficulties that judges face when assessing medical negligence, it is perhaps prudent to examine a real-life example of a NSW Supreme court ruling. The following claim is a historical case that highlights a few of the challenges that could arise when pursuing compensation in NSW. Katherine McInnes was born with bilateral hip dysplasia in 1974. The condition means the plaintiff’s hip socket is misshapen, which creates pressure on the cartilage lining. Eventually, sufferers experience discomfort and pain, as well as a tendency to develop osteoarthritis. Nurses noted Ms McInnes suffered from “clicky hips” as a newborn, with both the plaintiff’s sisters also exhibiting a genetic predisposition to hip problems. However, two doctors were unable to identify the source of the issue. The claimant alleged one of her doctors, the defendant, was negligent by failing to diagnose bilateral hip dysplasia early enough to facilitate early treatment via a Pavlic harness.
Instead, the plaintiff underwent more extensive, less effective surgeries when she was older, which has left her with physical and psychological symptoms. Her lawyers also claimed the defendant should have advised their client’s mother to return for a further check-up at a later date to monitor her condition when he was unable to diagnose her originally. The case was complex for various reasons. Firstly, medical experts disagreed on how difficult it would be to diagnose Ms McInnes’ condition at the age of two months, which was when the defendant first examined her. In fact, the disorder was not properly diagnosed until she was 16 years old. There was also contention over the effect the delay had on the plaintiff’s life. She suffered from depression and social phobias, but court documents showed her mental health problems likely had a genetic element. Ms McInnes also experienced other traumas as a child that witnesses agreed contributed to her depression.
While she complained of pains in her hips, legs and lower back following her diagnosis, medical experts said her symptoms were incongruent with bilateral hip dysplasia. They suggested the discomfort was more likely growing pains, as well as the plaintiff’s general aversion to exercise. Medical negligence claims can be complex, with judges considering various factors. The judge ruled that the defendant was not negligent in failing to provide an early diagnosis but had breached his duty of care when he didn’t organise a subsequent appointment to monitor the plaintiff’s condition. Ms McInnes’ dysplasia was cited as a significant factor in her depressive episodes, which included at least one severe breakdown. According to the judge, the plaintiff was unable to achieve the same level of success in her life due to the condition and the effect it had on her mental health and social capabilities. 889,818 in damages, which covered lost income based on her aspirations of a career as an opera singer, as well as considerable past out-of-pocket expenses and other costs. However, the judge said the probability of the plaintiff fully recovering from the disorder if she had received adequate care at an earlier stage was just 50 per cent. ] is a good example of the various issues that could have an impact on the success of a claim and the compensation awarded. The outcome often hinges on the quality of expert witnesses, the dedication of experienced personal injury lawyers and the discretion of the judge.
Divorce Cases rarely go to trial In Rhode Island. This Rhode Island Law Article explains why it is rare for a Divorce Trial to commence. This article explains why the RI Family Court Process both encourages settlement and wears parties down to the point that they feel that they should settle their divorce. More Details about RI Divorce Trials Almost Extinct here. Why are there so few Divorce Trials in Rhode Island Family Court? If there are thousands of cases filed in Rhode Island Family Court, why are there so few trials? Divorce trials are very different from divorce hearings. There are often many Court dates prior to the Divorce Trial. These Court hearings involve waiting hours to have motions or Pretrial Conferences resolved. Cases are often continued for various reasons including the calendars of Lawyers, the litigants and the Judges. Some cases are continued because more information or documents are needed or more time is needed for various reasons.