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The Washington Supreme Court has found the death penalty to be unconstitutional because it violates the state constitution, specifically Article 1, Section 14, which states, “[e]xcessive bail shall not be required, excessive fines imposed, nor cruel punishment inflicted.” State v. Gregory From the opinion in State v. Gregory, No. 88086-7 (Wash. Oct. 11, 2018): “The death penalty is invalid because it is imposed in an arbitrary and racially biased manner. While this particular case…
Given its escalation all the way to the Bristol Crown Court, even the casual sports fan will have noted the media furore regarding Ben Stokes and the street brawl he engaged in last September. Although Stokes was found not guilty for the offence of affray, he has not escaped all liability for his actions just yet. At the same time as Stokes was charged by the Avon and Somerset Police, both Stokes and Alex…
New SFO Director reaffirms her intentions and priorities for the agency. By Stuart Alford QC and Christopher Ting Fifty days have passed since Lisa Osofsky took over at the UK’s Serious Fraud Office (SFO), pledging to be a “different kind” of director. In her first days, Osofsky set out her priorities for the agency, which included: Improved cross-border coordination Improved corporate engagement Continued use of Deferred Prosecution Agreements Use of technology in investigations This…
Recently Daniel Craig was ridiculed for carrying his weeks-old infant daughter in a papoose tied around his neck.  The negative comments, brought about by British Today star Piers Morgan, included the sentiment that by taking this action, Mr. Craig had been “emasculated.”  Perhaps Mr. Morgan believes the “tender years doctrine” still has a place in today’s society?…
When I started law school it felt like the professors were speaking a different language.  And in a way, they were.  The legal profession uses so many terms that have very particular meanings, that even though lawyers tend to be very well spoken, it can be hard to understand what we are saying. A word can mean so many different things in different contexts.  Take the word harbor for example.  As a noun it is…
Ode to a Dividend It sounds relatively simple: A distribution of property made by a regular “C” corporation to an individual shareholder with respect to the corporation’s stock[i] (a) will be treated as a dividend[ii] to the extent it does not exceed the corporation’s earnings and profits; (b) any remaining portion of the distribution will be applied against, and will reduce, the shareholder’s adjusted basis for the stock, to the extent thereof –…
First things first: What’s a teller? In the world of parliamentary procedure, a teller is a person who helps to pass out, collect, and count ballots, and a head teller reports the results of a vote to the chair for announcement. Choosing tellers for a meeting usually goes like this: Chairman Always-On-the-Ball: [Five minutes before meeting, thinking to himself] Oh, wait. We need tellers to count the votes for the election. Oops. Forgot about that.…
Earlier this year, a Florida appeals court adopted the Trulia decision from Delaware – In re Trulia, Inc. Stockholder Litigation, 129 A.3d 884 (Del. Ch. 2016) being a key Delaware case regarding the approval of merger related class action settlements. Before Trulia, class actions challenging mergers could (and often did) resolve via something called a “disclosure only settlement” – that is, the target company resolved the class action by making additional disclosures related to the…
USCIS has proposed rules that could deny entry to non-immigrants seeking admission to the United States and adjustment of status to permanent residence to immigrants if they rely on public benefits for food, housing or medical care, and other forms of public assistance. The proposed rule – “Inadmissibility on Public Charge Grounds” – is published in the Federal Register. The public may comment on the proposed rule during the 60-day comment period ending…
Properties that qualify as Houses in Multiple Occupation (HMOs) have long presented a potential headache for unwary landlords, but from the start of this month the headache got bigger. Originally, the requirement for an HMO licence only applied to properties that comprised at least three storeys but under new rules, introduced on 1 October 2018, size is no longer relevant. The change was brought in to tackle sub-standard and overcrowded homes and poor management practices.…