Current Edition- California Business Practice
The Peacemaker Quarterly- April 2014
Wednesday, May 19, 2010
Required Text for Business Law I - Fall 2010
Dynamic Business Law, Kubasek et al., 1st Edition, McGraw Hill, 2009 ISBN: 978-0-07-352491-7. This text was used in previous semesters and may be available from former students. You may obtain and use the electronic edition, if available.
Sunday, May 16, 2010
Small Business lobby to go to court on health law
Small business lobby to go to court on health law
By RICARDO ALONSO-ZALDIVAR Associated Press Writer
The nation's most influential small business lobby is going to court with them.
The National Federation of Independent Business will join the argument that Americans cannot be required under the Constitution to obtain insurance coverage, the groups president, Dan Danner, said in an interview. The group plans to announce Friday it's joining the suit.
Regardless of whether the constitutional argument sways federal judges hearing the case, NFIB'S involvement ensures the point will be heard extensively during the fall political campaigns. All but one of the state officials who have filed the case in Florida are Republicans, and with 350,000 members the NFIB boasts a far-reaching network of local activists.
Florida Attorney General Bill McCollum, a leader of the legal challenge and a GOP candidate for governor, said he has "received a lot of strong response and reaction in support when I have spoken of this subject. I think voters as a whole are concerned."
A groundswell of opposition to the law from small business owners prompted NFIB's decision to join the court challenge, said Karen Harned, a senior lawyer for the group. "The second the law was signed, NFIB was hearing from its members: 'What are you all going to do about this?'," said Harned. "So we hunkered down. We looked around. This state attorneys general lawsuit made the most sense for us. It's the only one that has a national presence."
The health care law, passed by a Congress divided on partisan lines, puts the nation on a path to coverage for all. One of its pillars is the requirement that most Americans carry health insurance - through an employer, a government program, or by buying their own policy.
The mandate is effective in 2014, when new competitive insurance markets open for business. Insurers will then be required to take all applicants, no longer allowed to turn away those in poor health. The government will offer tax credits to help middle-class households pay premiums. And Medicaid will be expanded to cover millions more low-income people.
Individuals who refuse to get health insurance will be hit with a tax penalty, although exceptions are allowed for financial hardship and religious reasons. Businesses will also be required to contribute to the cost of their workers' health insurance, but companies with fewer than 50 employees are exempt.
The Obama administration argues that the coverage requirements rest on a solid constitutional foundation: the power of Congress to regulate interstate commerce.
But critics say that does not give government the right to direct individuals to purchase a specific good or service.
The new law allows government "to regulate you just because you exist," said Danner. "If you can regulate this, where do you stop? Do you tell people, 'We are going to mandate that everybody exercise?' We think this is an overreach by the government. It goes too far, and threatens individual freedom."
The administration counters that a decision to opt out of health insurance is not merely a matter of personal choice. It has consequences for others, since uninsured people will get sick, or have accidents, and someone must pay for their care if they can't afford it.
"Individual decisions to forgo insurance coverage, in the aggregate, substantially affect interstate commerce by shifting costs to health care providers and the public," Justice Department said this week in legal papers filed in a similar lawsuit in Michigan.
People who remain uninsured by choice "have not opted out of health care; they are not passive bystanders divorced from the health care market," the government continued. "They have made a choice regarding the method of payment for the services they expect to receive, no less 'active' than a decision to pay by credit card rather than by check."
Legal scholars are divided over prospects for the case. Many - but not all - expect the administration to prevail.
Timothy Jost, a professor at Washington and Lee University law school in Virginia, said:
"These are not really legal cases - they are political statements."
2010-05-14 11:26:51 GMTThursday, May 13, 2010
I'm quitting Facebook.
Some quitting Facebook as privacy concerns escalate
· In recent weeks more people appear to be deleting their Facebook accounts
· This comes as a response to rising privacy concerns about the site
· Facebook has been hit with bugs lately, and it recently announced changes
· It's unclear how many people have deleted their accounts; it is difficult to do so
(CNN) -- Concerns over Facebook's new privacy policy and the online social network's recent efforts to spread its information across the Web have led some of the site's faithful to delete their accounts -- or at least try to.
On Wednesday's episode of a podcast called This Week in Technology, host Leo Laporte, a well-known tech pundit, said he had to search wikiHow, a how-to site, to figure out how to delete his Facebook account permanently.
After finding the delete button, which he said is hidden deep within the site's menus, Laporte proceeded to delete his account during the online broadcast.
"That's it. It's gone," he said during the show. "And I think that's the right thing to do."
It's unclear how many people have chosen to delete their Facebook accounts in recent weeks. The popular social network doesn't publish statistics on how many people quit the site.
But there has been much uproar online about Facebook's alleged lack of concern for the privacy of its users' personal information, and its clear that some people have become so upset that they're leaving the networking site, which has more than 400 million members.
Still, the account deletions likely aren't numerous enough numbers to affect the site's overall size. Facebook spokeswoman Annie Ta said in an e-mail that Facebook has grown by more than 10 million active users since late April.
iReport: Are you done with Facebook?
In recent weeks, the site has been hit with several privacy bugs and scares that, among other things, made private chat conversations briefly visible to Facebook friends. And on April 21, Facebook CEO Mark Zuckerberg announced a new Facebook feature called the "Open Graph," which essentially brings Facebook-like functionality to a number of websites.
CNN.com is one of several dozen sites that partner with Facebook to display and share users' interests.
Some Facebook users, including Sam Schreiber, say they are bothered by the fact that their online preferences are showing up all over the internet now, instead of just on Facebook.com.
Schreiber, a 24-year-old who considers herself social-media savvy, says she may delete her account soon because she doesn't understand Facebook's privacy settings well enough to know that her information is being kept safe.
"People already use them like it's crack, so I don't see what the next step is aside from world domination," she said. "So I just think it's too much."
She was particularly concerned when one of her Facebook friends saw on the music site Pandora that she likes the band "New Found Glory."
"I was like, that's really creepy. I haven't logged in. I didn't give it permission. I didn't do anything," she said.
Schreiber said she tried to change her Facebook privacy settings to keep that from happening again, but had to turn to news articles for information about how to do so, which she thought was unreasonable.
Facebook: Read the site's privacy policy
Facebook appears to be rattled a bit by these changes. The blog All Facebook reports that the site's executives called an "all hands" meeting Thursday to discuss its privacy policy in light of recent criticism.
And there are rumors that the site may amend its policies, as CNET reports.
The site has had its detractors before. Each time Facebook makes changes to its privacy policy, thousands of users tend to complain.
But interest in deleting Facebook accounts appears to be rising.
If you type in the phrase "How do I" on Google, one of the first suggested searches that comes up is "How do I delete my Facebook account," a factoid discovered by Danny Sullivan, a blogger at Search Engine Land.
Sullivan looked at similar searches over time and published a graph that shows searches about deleting Facebook accounts have been on the rise sharply since 2009.
"Yes, there's definitely a rising trend," he writes in a blog post on the matter. "Over time, more and more searches at Google have involved [deleting Facebook accounts], it appears. In fact, if you go back to Google and start typing in 'del,' you get 'delete facebook account' as the top suggestion."
A number of tech pundits, including Laporte, have also written recently about deleting or deactivating their accounts.
The blog Silicon Alley Insider posted a list of these on Friday with a headline that says, "Suddenly, everyone is quitting Facebook!"
The blog lists Peter Rojas of the blog GDGT and Matt Cutts from Google as among those who have deleted or deactivated their accounts.
That blog also posted a list of 10 reasons most people will not be able to part with their Facebook accounts, an apparent nod to the fact that, as Facebook continues to grow and to spread into other websites, it may become necessary to have an active Facebook account to make full use of the Web.
The New York Times also reports that people who once made a career promoting Facebook now may cancel their accounts. The newspaper says Deanna Zandt, author of a book called "Share This! How You Will Change the World With Social Networking," may delete hers.
"It's getting harder and harder for me to say, yes it's worth it, you're giving up your privacy to get these services, and I have to put my money where my mouth is," she told the paper.
Tech blogs have asked whether a "Great Facebook Deactivation Wave" is about to take off, and have listed reasons people should ditch the popular site.
Meanwhile, there is a second set of concerns about how difficult it is to delete your Facebook account if and when you decide that's what you'd like to do.
Facebook says on its website that you can "deactivate" your account by following these steps:
"To deactivate your account, navigate to the 'Settings' tab on the Account Settings page," the site says. "Deactivation will remove your profile and content associated with your account from Facebook. In addition, users will not be able to search for you or view any of your information."
But the social network will hold onto your photos and posts if you only "deactivate" your account.
If you want to completely "delete" your account -- meaning that all of your information will be deleted from view, although some of it may remain on Facebook's servers for a bit -- you can follow these instructions from wikiHow.
The user-edited site lists several methods for deleting a Facebook account. One of them is a seven-step process.
In his podcast, Laporte said one of the main reasons he felt he needed to delete his Facebook account is that having one gives his friends and family members an incentive to join, too.
And, because many people don't understand that everything on Facebook can be public, Laporte doesn't think it's responsible to have an account. By having a Facebook page, he said, "I'm coercing people I'm in relationships with to do something bad."
Florida and AZ Bill
Florida candidates backing Arizona law
Some of the leading statewide Republican candidates in Florida are coming out in favor of a new law aimed at curbing illegal immigration in Arizona.
The Republican Party's front-runner for governor, Florida Attorney General Bill McCollum, threw his support Thursday behind a tough new immigration law in Arizona that he criticized as ``far out'' just two weeks ago.
The law makes it a crime for immigrants not to carry legal papers and gives local police the power to question people suspected of being in the U.S. illegally.
Passed in a capitol 1,600 miles away from Tallahassee, the law is nevertheless emerging as a campaign issue in Florida as candidates jockey for the conservative voters who dominate Republican primaries.
By coming out in favor of the law, McCollum joined U.S. Senate contender Marco Rubio in abandoning his previous opposition to the toughest crackdown on illegal immigration in the nation. Both have said they changed positions in light of amendments that aimed to outlaw ethnic and racial profiling by the police.
``I support Arizona's law as amended, and if the federal government fails to secure our borders and solve the problem of illegal immigration, I would support a similar law for Florida,'' McCollum said in a statement Thursday.
But the amendments didn't change a single vote in the Arizona Legislature or quash a mounting backlash from Hispanic and religious groups. On Thursday, a group of Arizona religious leaders made an ``emergency'' lobbying trip to Washington, The Associated Press reported, while the city of Los Angeles joined about a dozen other municipalities in declaring a boycott of the state of Arizona.
That elicited a response from Holly Benson, embroiled in a hotly contested Republican primary for Florida attorney general. She said: ``Illegal immigration is a serious problem facing our country and it is unfortunate that the Los Angeles City Council came down in support of illegal activity, over the actions of Arizona's attempt to enforce the law.''
McCollum's flip-flop comes days after a recent poll showed him losing ground to an unexpected and well-financed Republican rival, Rick Scott, who backs the Arizona law. After spending at least $4.7 million on a statewide television blitz, the little-known former healthcare executive is capturing 24 percent of the Republican vote, according to a Mason-Dixon poll. McCollum, who has been in politics for two decades, received 38 percent in the survey.
The leading Democratic candidate for governor, Chief Financial Officer Alex Sink, opposes the law. So does Rubio's major Senate rivals, the newly independent Gov. Charlie Crist and Democratic U.S. Rep. Kendrick Meek of Miami.
The Florida governor's race has parallels in Arizona, where Sen. John McCain -- a former proponent of sweeping immigration reform -- calls in a new campaign ad for the government to ``complete the danged fence'' along the Mexican border. In an election year that looks dangerous for incumbents, McCain is fending off a conservative Republican challenger who backs the new Arizona law.
Proponents say the measure will help bring law and order to a state where the federal government allows illegal immigration to run amok. When first asked about the law on April 27, McCollum said, ``I think Arizona has its own unique problems. I don't think Florida should enact laws like this quite that far out.''
On Thursday, McCollum issued a statement that said, ``Arizona leaders recently made needed changes that address concerns I had that the law could be abused and misused to perform racially profiled stops and arrests. I do not support any measure that would result in racial profiling or other unintended consequences for law-abiding American citizens.''
Read more: http://www.miamiherald.com/2010/05/13/1628658/florida-candidates-backing-arizona.html#ixzz0nsI29Su6
Wednesday, May 12, 2010
Effects of New Immigration Enforcement Law
Phoenix Counts Big Boycott Cost
By RANDAL C. ARCHIBOLD
Published: May 11, 2010
New York Times
Boycotts threatened or carried out over Arizona’s new immigration enforcement law could cost the Phoenix metropolitan area $90 million in hotel and convention business over five years, Mayor Phil Gordon said Tuesday.
The figure, which does not include incidental spending in restaurants and shops, was calculated after four organizations canceled conventions or conferences and a dozen others said they would abandon visits if the law was not repealed, he said.
The fallout comes as the state, heavily dependent on tourism, struggles to right its economy. “I don’t think there ever would be a good time not to have $90 million,” said Mr. Gordon, a Democrat who opposes both the law and the boycotts.
The law, scheduled to take effect in July, greatly expands the power of the local police to check the immigration status of people they suspect are in the country illegally and makes it a state crime, paralleling federal law, to not carry immigration papers.
Several major civil rights groups have urged people to avoid the state in protest.
Paul Senseman, a spokesman for Gov. Jan Brewer, a Republican, who signed the law on April 23, called boycotting the state “thoughtless and harmful” and said it was a distraction from the underlying issue of the federal government’s failure to control immigration and the border.
“An economic boycott of Arizona just adds to the massive economic burden Arizonans have sustained for years due to the federal government’s failure to secure our borders,” Mr. Senseman said.
Saturday, May 8, 2010
Legal Sector Loses 1,100 Jobs in April
The U.S. economy added 290,000 jobs in April, with nearly 80 percent of them in the private sector, according to the latest employment report released by the Bureau of Labor Statistics. The majority of the gains were seen in manufacturing, professional and business services, health care, and leisure and hospitality, the report says.
Still, millions of Americans remain out of work, as unemployment in April rose to 9.9 percent. The Labor Department attributes the rise to 195,000 workers who re-entered the labor force.
The legal sector shed another 1,100 positions last month, according to the BLS report, marking the second month in a row of four-digit losses. (BLS initially had reported 500 fewer legal jobs in March, but the figures have since been adjusted and March now registers 1,000 lost jobs in the sector.) Since April 2009, the legal sector has lost a total of roughly 28,000 jobs.
In a post on the White House blog, Christina Romer, chairwoman of the White House Council of Economic Advisers, characterized the report as "the strongest sign yet of healing in the labor market, as private nonfarm payrolls expanded substantially." Still, Romer wrote, "the unemployment rate is painfully high, and payroll employment is still nearly 8 million below its level at the start of the recession." She noted that employers may be more focused now on permanent hiring, given the report's temporary employment statistics. "Temporary help services," as they are described by BLS, added 26,000 jobs in April, a drop from 32,000 temporary jobs added in March and 35,900 added in February.
This article first appeared on The Am Law Daily blog on AmericanLawyer.com.
Friday, May 7, 2010
Lawrence Taylor arrested for allegedly raping 16-year-old girl
Lawrence Taylor’s ability to unleash violence on a football field while maintaining a winning charisma off of it had made him untouchable during so many setbacks through the years.
Drug arrests, deadbeat dad charges and wild antics all melted away with his sheepish smile. If anything, he was able to sell his bad boy image in movie roles and as the front man for an extreme video game. He managed to maintain enough mainstream popularity to hawk diet plans and compete on “Dancing With the Stars.”
It’s all different now. It’s all over for that.
Other Popular Sports StoriesMore From Dan Wetzel- McCoy delays celebration to honor his momApr 22, 2010
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The dark reality of LT’s life has come clear in his arrest Thursday in suburban New York for allegedly raping a 16-year-old girl who police say was a runaway under the control of a pimp. Taylor was arrested in Room 160 of the low-rent Holidome in Montebello, N.Y., where the girl told police she was brought to have sex with him.
“[Taylor] engaged in sexual intercourse with a child less than 17 years old for which he paid the victim $300,” said Peter Brower, the police chief in nearby Ramapo.
This is about as horrific as it gets, the worst yet chapter in the tragedy of one of the NFL’s all-time greatest players.
Taylor’s side of the story remains to be heard. He deserves the full presumption of innocence that a court will provide. Bail was set at $75,000 during Thursday’s arraignment in Rockland County, and the case will continue June 10. Taylor did not enter a plea, though his attorney said he would fight the charge, saying at one point Taylor didn’t know the girl at all.
“Lawrence Taylor is denying these charges,” Arthur Aidala, Taylor’s attorney, said at the arraignment.
His defense had better be a strong one.
If this isn’t some incredible case of mistaken identity, it’s difficult to envision an innocent scenario here. You don’t just accidentally get charged with this kind of crime.
It’s why in the court of public opinion, Lawrence Taylor just found a situation that his Hall of Fame highlight reel with the New York Giants can’t overcome, that his likable ways can’t brush away.
The questions are overwhelming for Taylor.
Why was a 51-year-old man in a cheap motel room with a 16-year-old girl at all? Did he notice what Ramapo police say were noticeable facial injuries from a beating that occurred prior to visiting Taylor’s room and still proceeded with the act? And what about the New York Daily News report, based on police sources, that the girl resisted the act?
“We don’t know if this was the first time she’s been asked to do such a thing,” said Ramapo supervisor Christopher St. Lawrence. “We don’t know if it was against her will.”
According to police, Taylor was most adamant in making sure they didn’t think he beat the girl. There was no evidence of drug use according to Chief Brower, although “there was a bottle of alcohol” in the room.
Taylor is being charged with third-degree rape, or statutory rape, which says a child is incapable of consenting with an adult. Police say it was intercourse but wouldn’t detail any physical evidence.
If there was sexual contact then there is no “he said, she said,” no level of consent and no ignorance of age allowed. You’re essentially just guilty. “Ignorance is not an excuse to an individual’s age,” Chief Brower said.
The maximum prison sentence is four years, according to Brower. Taylor is also being charged with patronizing a prostitute, a misdemeanor that carries a maximum of one year in prison.
The story is sad on every level and that isn’t to downplay the charges against Taylor. If guilty he deserves no sympathy. If he did it, his substance-abuse problems should grant him no leniency. The girl is the only possible victim here.
That said, Taylor spent his life fighting the toughest of demons. He’s admitted using cocaine during as early as his second season with the Giants. He was suspended multiple times from the league for failing drug tests. In his autobiographies he told stories of nights with prostitutes, binge drinking and a drug addiction that went so far that, “at times I’d be standing in the huddle. And instead of thinking what defense we were playing I’d be thinking about smoking crack after the game.”
Despite this he played football at a level few have ever achieved. His ability to rush the passer from the edge changed the way the NFL played both defense and offense, ushering in a new era of the game. He was a first team All-Pro in each of his first nine seasons in the league and led New York to two Super Bowl titles.
Post-retirement he lived in what he described as near “crack houses” and saw his life spiral further and further away from the fame, riches and adulation he earned by terrorizing quarterbacks.
“I saw coke as the only bright spot in my future,” Taylor wrote.
For the last decade or so, he was supposedly clean and rehabilitated, which his attorney reasserted during the arraignment. “He’s been stone cold sober for 12 years,” his attorney said. “That was the old Lawrence Taylor. This is the new Lawrence Taylor.”
Now comes this though, an ugly crime that reminds everyone of that old Lawrence Taylor, only worse.
This will cast LT in a new light, although who knows how old all the other prostitutes in his life were, how those encounters went down. Prostitution is a nasty business, mostly a crime of intimidation and abuse that is a long way from how the movies depict it. Taylor was always allowed to joke about hiring women though, even saying he’d send working girls to the hotel rooms of opponents the night before Giants games in an effort to “distract” them.
The girl this time was a recent runaway, according to police. She said she was driven to Taylor’s motel room at 1 a.m. by 36-year-old Rasheed Davis, who police call her “pimp.” On the ride back to the Bronx she texted her uncle who called the New York City Police Department. They went and saved the girl and arrested Davis. The girl is now reunited with her uncle, who had reported her missing in March.
At 3:43 a.m., police went to Taylor’s room and arrested Taylor without incident.
In the wake of this news is a litany of people who had stood behind him for so many years: his family, the Giants and the NFL itself, which always pushed his Hall of Fame candidacy by arguing that his personal problems shouldn’t matter.
For most of his life, it didn’t. Just being LT was enough. Those days are over.
- McCoy delays celebration to honor his momApr 22, 2010
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Thursday, May 6, 2010
Cops Nearly Shoot Actor Playing Convenience Store Robber
A low-budget indie film shooting inside a Long Island convenience store got a dose of real life drama last night when a passerby mistook a robbery scene for the real thing and called the cops. Twenty officers responded to the call, and when they arrived at the scene, they saw a man pointing a gun at another man behind the register. The director was filming from the back of the store with a small high-definition camera and no movie lights, so it was not immediately clear to cops that they were charging into an imaginary holdup with guns drawn.
"The first officer arrives, looks in the window and he sees a gentleman with a gun pointed at the counter," Nassau County Police spokesman Vincent Garcia tells the Daily News. "So he enters the store and confronts the individual, and says, 'Police, drop the gun.' The individual puts his hands up in the air and says, 'It's a movie! It's a movie!... The officer used great restraint in not firing his weapon. Even when the officers were in the store they did not see the camera." According to Garcia, the officer repeated his order to drop the gun several times before forcibly disarming the actor. No arrests were made.
The role of the store owner was played by actual Cool Stop manager Sanjay Patel, who tells Newsday, "I thought it was part of the movie." Even director Fred Carpenter, who also wrote the script, was confused: "For a moment I thought they were part of the movie then I thought, wait a minute, I didn't write this scene. It was very tense for a while." His movie, Jesse, concerns a Nassau County Police detective who is investigating the death of her brother who was killed by the mob. Carpenter was supposed to film a scene at the Nassau County Police Headquarters today, but that shoot has been canceled.
By John Del Signore in News on May 5, 2010 6:11 PM
Wednesday, May 5, 2010
UVA Lacrosse Death
Yeardley Love, Univ. of Virginia lacrosse player, found dead; George Huguely charged with murder
BY TERI THOMPSON AND MITCH ABRAMSON
DAILY NEWS SPORTS WRITERS
Originally Published:Monday, May 3rd 2010, 2:13 PM
Updated: Tuesday, May 4th 2010, 8:15 AM
When police were called to aCharlottesville, Va., apartment at 2:15 a.m. Monday, they expected to find a possible alcohol overdose.
Instead, they found an unresponsive 22-year-old University of Virginia women's lacrosse player whose body showed signs of physical trauma, and have now charged a member of the top-ranked men's team with first-degree murder in a case that may recall the Duke sexual abuse incident because of the seriousness of the charges and the perceived affluence of the people and the sport involved.
Police said Monday that fourth-year Virginia lacrosse player George Huguelyhas been charged in the death of Yeardley Love of Cockeysville, Md., who was also a fourth-year student at the school and a lacrosse player.
Huguely, 22, of Chevy Chase, Md., is in the Albemarle-Charlottesville Regional Jail, according to a statement from police.
According to police chief Tim Longo, Love was found in bed by a roommate at the apartment she shared with two female friends about three blocks from the UVA campus. Once police found Love, "the obvious physical trauma to her" led them to start a murder investigation, Longo said. Later, Huguely was questioned at his apartment and arrested at about 6 a.m.
In a statement, police said that Love and Huguely had a past relationship but have not released further details about the crime.
According to Longo, Huguely is scheduled to appear via video conference Tuesday morning for a bond hearing in Charlottesville.
Georgetown senior Molly Ford, who played high school lacrosse with Love at Notre Dame Prep, was stunned by the news of her friend's death. "It was so shocking," Ford told the Daily News. "I felt like I had talked to her less than a week ago and the fact that I'm never going to get to see her again is really, really hard."
Both teams' regular seasons have concluded, with each expected to be seeded in their respective NCAA tournaments when the fields are announced Sunday. There is no indication that both teams will not play despite the tragedy, a school official said.
Although the death is being called a homicide, the exact details of the fatality won't be made public until an autopsy is complete, said Steve Murman, the regional administrator of the medical examiner's office in Richmond. According to Murman, Love's body was delivered to the central district office in Richmond on Monday afternoon. The autopsy will be performed at the medical examiner's office on Tuesday morning by one of the three forensic pathologists on staff. The results could be made public by 2 p.m. on Tuesday, he said. But if drugs and alcohol are in Love's system, the results could take longer to