Bellin on the Confrontation Right in a Digital Age

Jeffrey Bellin (Southern Methodist University - Dedman School of Law) has posted Applying Crawford's Confrontation Right in a Digital Age on SSRN. Here is the abstract: Much of the recent commentary on the Confrontation Clause focuses on the past. Commentators...
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Are Assets Purchased During Separation But Before Divorce Subject To Property Division?

dividing property divorceQuestion:

My wife and I are separated, but we have not filed for divorce yet.

I recently purchased a vehicle during our separation period and want to know about property division laws.

Since we are still legally married, does my wife have any rights to my vehicle even though it is exclusively in my name and it was purchased during a separation?

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Protecting Free Speech During the NATO Summit

By Maude Carroll, ACLU of Illinois at 3:30pm

After months of preparation, the ACLU of Illinois is working through the weekend deploying observers and volunteers to monitor NATO Summit protest activity. The NATO Summit will take place on Sunday, May 20th and Monday, May 21st at the McCormick Center, but protest activity has already been taking place in the week leading up to the Summit. Protesters and activists from around the world have descended on Chicago to demonstrate against a vast array of issues ranging from the war in Afghanistan, to health care, to corporate malfeasance on Wall Street.

Two teams of our most loyal volunteers have been organized: ACLU observers, donning bright orange caps and shirts and made up of attorneys and law students, are being sent out to take notes and to keep track of any possible civil liberties violations. “Know Your Rights” volunteers wearing t-shirts with the “Defending the Targets of Intolerance” emblem, are also sent out to pass out “Know Your Rights” materials, collect email sign-ups and report back to ACLU headquarters with important updates. Check out some of the pictures they have taken so far.

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Protecting Free Speech During the NATO Summit

By Maude Carroll, ACLU of Illinois at 3:30pm

After months of preparation, the ACLU of Illinois is working through the weekend deploying observers and volunteers to monitor NATO Summit protest activity. The NATO Summit will take place on Sunday, May 20th and Monday, May 21st at the McCormick Center, but protest activity has already been taking place in the week leading up to the Summit. Protesters and activists from around the world have descended on Chicago to demonstrate against a vast array of issues ranging from the war in Afghanistan, to health care, to corporate malfeasance on Wall Street.

Two teams of our most loyal volunteers have been organized: ACLU observers, donning bright orange caps and shirts and made up of attorneys and law students, are being sent out to take notes and to keep track of any possible civil liberties violations. “Know Your Rights” volunteers wearing t-shirts with the “Defending the Targets of Intolerance” emblem, are also sent out to pass out “Know Your Rights” materials, collect email sign-ups and report back to ACLU headquarters with important updates. Check out some of the pictures they have taken so far.

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Bentley’s Buckling on Immigration Bill Sinks Alabama into Deeper Morass

How long does it take a governor to flip flop and buckle under pressure from Tea Partiers? About a day, if you’re Alabama Gov. Robert Bentley.

On Friday, he signed a bill making flawed revisions to HB 56, the nation’s most extreme anti-immigrant state law. Just a day earlier, Bentley had declined to sign the new measure, which was rammed through the Legislature on the last day of its 2012 regular session. Instead, he summoned lawmakers to reconsider the bill in a special session in order to “prevent children from being interrogated” by school officials about their immigration status and the status of their parents. He also cautioned against the “public relations problem” that would ensue from a startling new requirement that the state Department of Homeland Security post online the names of every undocumented immigrant who appears in a state court.

The response from extremists in the legislature came swiftly. Last year Rep. Micky Hammon boasted that HB 56 “attacks every aspect of an illegal alien's life …so that they will deport themselves. Sen. Scott Beason had urged fellow legislators to "empty the clip" on undocumented immigrants So, it should come as no surprise that it was Hammon and Beason who led the charge on the first day of the special session to re-introduce a bill identical to the one Bentley had criticized, with one noxious twist: the state Department of Homeland Security would also be required to a post online a photograph to accompany the name of each undocumented immigrant. Bentley bent. The original bill was signed.

Much of the law, which promotes racial profiling, has been tied up in litigation brought by the ACLU and other civil rights groups,). The law has engendered a humanitarian crisis, harming citizens and immigrants alike. It has tarnished the state’s reputation and has shrank the state’s economy by billions of dollars Bentley was hardly alone in highlighting the interrogation of school kids as troublesome. That provision directly targeting children of immigrants has done more than anything else in HB 56 to make Alabama a pariah, generating scorn across the U.S. and internationally. Alabama Attorney General Luther Strange recommended its repeal, calling its defense in litigation a drain in resources whose costs greatly outweighed its benefits. Let’s call it what it really is: beyond the pale. Kids should be left off the battlefield of the immigration wars.

The other provision Bentley had momentarily objected to involved the posting of the names of undocumented immigrants who appear in state courts, along with the names of the judges who hear their cases and the decisions rendered. The “scarlet letter” it imposes applies regardless of whether there has been a conviction. It is a naked attempt to bully judges into imposing harsher sentences and refusing to release immigrants from detention and will expose immigrants to harassment and vigilantism. What Beason referenced as one more "tweak" to HB 56 is actually a reckless doubling down on his "empty the clip" approach that will mire Alabama in more controversy and litigation.

If there is a bright side, it is that this episode will further spur a growing movement to repeal HB 56 in its entirety, a movement with much stronger resolve than Governor Bentley.

 

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Bentley’s Buckling on Immigration Bill Sinks Alabama into Deeper Morass

How long does it take a governor to flip flop and buckle under pressure from Tea Partiers? About a day, if you’re Alabama Gov. Robert Bentley.

On Friday, he signed a bill making flawed revisions to HB 56, the nation’s most extreme anti-immigrant state law. Just a day earlier, Bentley had declined to sign the new measure, which was rammed through the Legislature on the last day of its 2012 regular session. Instead, he summoned lawmakers to reconsider the bill in a special session in order to “prevent children from being interrogated” by school officials about their immigration status and the status of their parents. He also cautioned against the “public relations problem” that would ensue from a startling new requirement that the state Department of Homeland Security post online the names of every undocumented immigrant who appears in a state court.

The response from extremists in the legislature came swiftly. Last year Rep. Micky Hammon boasted that HB 56 “attacks every aspect of an illegal alien's life …so that they will deport themselves. Sen. Scott Beason had urged fellow legislators to "empty the clip" on undocumented immigrants So, it should come as no surprise that it was Hammon and Beason who led the charge on the first day of the special session to re-introduce a bill identical to the one Bentley had criticized, with one noxious twist: the state Department of Homeland Security would also be required to a post online a photograph to accompany the name of each undocumented immigrant. Bentley bent. The original bill was signed.

Much of the law, which promotes racial profiling, has been tied up in litigation brought by the ACLU and other civil rights groups,). The law has engendered a humanitarian crisis, harming citizens and immigrants alike. It has tarnished the state’s reputation and has shrank the state’s economy by billions of dollars Bentley was hardly alone in highlighting the interrogation of school kids as troublesome. That provision directly targeting children of immigrants has done more than anything else in HB 56 to make Alabama a pariah, generating scorn across the U.S. and internationally. Alabama Attorney General Luther Strange recommended its repeal, calling its defense in litigation a drain in resources whose costs greatly outweighed its benefits. Let’s call it what it really is: beyond the pale. Kids should be left off the battlefield of the immigration wars.

The other provision Bentley had momentarily objected to involved the posting of the names of undocumented immigrants who appear in state courts, along with the names of the judges who hear their cases and the decisions rendered. The “scarlet letter” it imposes applies regardless of whether there has been a conviction. It is a naked attempt to bully judges into imposing harsher sentences and refusing to release immigrants from detention and will expose immigrants to harassment and vigilantism. What Beason referenced as one more "tweak" to HB 56 is actually a reckless doubling down on his "empty the clip" approach that will mire Alabama in more controversy and litigation.

If there is a bright side, it is that this episode will further spur a growing movement to repeal HB 56 in its entirety, a movement with much stronger resolve than Governor Bentley.

 

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ACLU Lens: Alabama Governor Signs New Anti-Immigrant Measure into Law

Alabama Gov. Robert Bentley late Friday signed a measure that makes small changes to the state’s anti-immigrant law. The move came a day after he signaled he might veto the measure because he found two key parts unacceptable, including a "scarlet letter" provision that would have branded many law-abiding immigrants as criminals.

Despite his reservations, Bentley said he signed the measure to “remove the distraction of immigration” from a special session of the Legislature he called this week, and allow what he called “progress made in the legislation to move forward.”

However, the changes in the original law, HB56, did nothing to address its fundamental flaws and creates a new distraction, said Olivia Turner, executive director of the ACLU of Alabama.

“Governor Bentley had the opportunity to send a message to lawmakers that the racial profiling, discrimination and fear these laws spark must be stopped,” Turner said. “Sadly, he declined. We are hopeful the courts will soon overturn these shameful measures once and for all.”

Bentley had told reporters Thursday he wanted lawmakers to address provisions in HB 56 that would require public schools to ask children about their status when they enrolled. He had also expressed reservations about a new requirement that the state Department of Homeland Security post online the names of undocumented immigrants who appear in state courts and the decisions made by judges who hear their cases. Advocates say this “scarlet letter” requirement is a way to intimidate judges while exposing immigrants to vigilantism.

The ACLU and a coalition of civil rights groups, along with the U.S. Justice Department, filed suit against HB56, large portions of which have been blocked by federal courts. The U.S. Court of Appeals for the 11th Circuit is expected to issue a ruling on the law, and a similar one from Georgia, after the U.S. Supreme Court issues its decision next month on the constitutionality of Arizona’s anti-immigrant law.

“It’s regrettable the governor ignored the urgent calls for change from educators, businesses and farmers who have seen how detrimental this law has been in so many parts of the state,” said Cecillia Wang, director of the ACLU Immigrants’ Rights Project. “We are hopeful the courts will show him the error of his ways.”

In the news:

Montgomery Advertiser: Alabama Immigration Law Changes Signed by Gov. Robert Bentley

Bloomberg: Alabama Governor Approves Immigration Law Change He Opposed

USA Today: Alabama Governor Signs Revisions Targeting Immigrants

Learn more about Anti-Immigrant Laws: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook.

Posted in ACLU, Civil Rights, Union News | Comments Off

ACLU Lens: Alabama Governor Signs New Anti-Immigrant Measure into Law

Alabama Gov. Robert Bentley late Friday signed a measure that makes small changes to the state’s anti-immigrant law. The move came a day after he signaled he might veto the measure because he found two key parts unacceptable, including a "scarlet letter" provision that would have branded many law-abiding immigrants as criminals.

Despite his reservations, Bentley said he signed the measure to “remove the distraction of immigration” from a special session of the Legislature he called this week, and allow what he called “progress made in the legislation to move forward.”

However, the changes in the original law, HB56, did nothing to address its fundamental flaws and creates a new distraction, said Olivia Turner, executive director of the ACLU of Alabama.

“Governor Bentley had the opportunity to send a message to lawmakers that the racial profiling, discrimination and fear these laws spark must be stopped,” Turner said. “Sadly, he declined. We are hopeful the courts will soon overturn these shameful measures once and for all.”

Bentley had told reporters Thursday he wanted lawmakers to address provisions in HB 56 that would require public schools to ask children about their status when they enrolled. He had also expressed reservations about a new requirement that the state Department of Homeland Security post online the names of undocumented immigrants who appear in state courts and the decisions made by judges who hear their cases. Advocates say this “scarlet letter” requirement is a way to intimidate judges while exposing immigrants to vigilantism.

The ACLU and a coalition of civil rights groups, along with the U.S. Justice Department, filed suit against HB56, large portions of which have been blocked by federal courts. The U.S. Court of Appeals for the 11th Circuit is expected to issue a ruling on the law, and a similar one from Georgia, after the U.S. Supreme Court issues its decision next month on the constitutionality of Arizona’s anti-immigrant law.

“It’s regrettable the governor ignored the urgent calls for change from educators, businesses and farmers who have seen how detrimental this law has been in so many parts of the state,” said Cecillia Wang, director of the ACLU Immigrants’ Rights Project. “We are hopeful the courts will show him the error of his ways.”

In the news:

Montgomery Advertiser: Alabama Immigration Law Changes Signed by Gov. Robert Bentley

Bloomberg: Alabama Governor Approves Immigration Law Change He Opposed

USA Today: Alabama Governor Signs Revisions Targeting Immigrants

Learn more about Anti-Immigrant Laws: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook.

Posted in ACLU, Civil Rights, Union News | Comments Off

Anderson on Privacy and Communication Technology

José F. Anderson (University of Baltimore - School of Law) has posted Big Brother or Little Brother? Surrendering Seizure Privacy for the Benefits of Communication Technology (Mississippi Law Journal, Vol. 81, No. 5, 2012) on SSRN. Here is the abstract:...
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Metze on Certainty, Innocence, and the High Cost of Death and Immorality

Patrick Metze (Texas Tech University School of Law) has posted Troy Davis, Lawrence Brewer, and Timothy Mcveigh Should Still Be Alive: Certainty, Innocence, and the High Cost of Death and Immorality (6 Charleston L. Rev. 333 (Winter 2012)) on SSRN....
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