Basic Factors in Evaluating a Bullying Claim Bullying in school is a nationwide problem that has gained much media attention in recent years. While the words “bully” and “bullying” get thrown around a lot, not every instance of teasing or conflict between peers is bullying. Likewise, not every instance of bullying is actionable in court. → Read More
Building a Case to Sue the Police: Difficult But Not Impossible It is common to want to sue the police after unpleasant contact or friction, especially when the conflict resulted in an arrest that seemed unwarranted, unfair, or downright abusive. Suing the police is complicated, though, even when you have been a victim of some kind of police misconduct and are absolutely innocent with regard to your arrest. This overview of the downfalls you may encounter when you sue the police will help you understand and protect your rights. → Read More
Student Sues School and Police over Tweet Suspension An honor student suspended for seven weeks after sending a controversial tweet has filed a lawsuit against police and school officials for invading his privacy, defaming his reputation, and falsely accusing him of criminal activity. → Read More
Laura’s Law, Forced Psychiatric Treatment, and a Visalia Couple’s Schizophrenic Son The debate over Laura’s Law and involuntary psychiatric treatment and hospitalization continues in California. → Read More
Legal News Roundup: Maine Bans Alcohol Content Display, Michigan Woman Arrested for 37 Year Old Prison Break From a questionable Maine beer law to a geography textbook victory for Koreans in Virginia, this week’s American legal landscape provides some interesting, and occasionally humorous, stories to keep an eye on. → Read More
Federal Judge in Texas Protects Whooping Cranes in Lawsuit In Texas, Senior U.S. District Judge Janis Jack has issued an injunction restricting State officials from issuing any further water permits until they can provide assurances that doing so will not further endanger the native whooping crane. → Read More
Can the military order a soldier to take a drug test? Yes. The military can lawfully order a member to provide urine sample, or to be subject to searches or even blood or hair tests in random drug use testing and testing for other purposes. → Read More
Can a person be convicted of the same crime in both civilian and military court? Yes, the military may try someone under their own rules, even after a state court trial. The reason is that military and civilian courts are fundamentally separate systems with their own sets of requirements. As a result, the constitutional right to no double jeopardy or no double punishment is preserved by having separate trials in the two different systems. Both the federal government (which usually represents military interests) and a state may prosecute someone for the same conduct. → Read More
Is being ‘late for work’ illegal in the military? Is being ‘late for work’ illegal in the military? → Read More
Differences Between Federal Government Contracts and Contracts Between Commercial/Business Firms When two commercial firms enter into a contractual relationship, their contract is governed by the Uniform Commercial Code (if applicable) as well as by relevant state common laws that apply to contracts. As long as a contract does not violate public policy and is in accordance with these and other laws (i.e., protecting shareholder interests in public companies), private parties are permitted to make any contractual arrangements they wish. When the federal government enters into a contract, however, there are very different rules that apply and there are a variety of regulatory requirements and statutes that exist that set parameters on the contractual relationship. When two private entities create a contract, they are spending their own money or, in some cases, the money of shareholders. When two private entities create a contract, they are spending their own money or, in some cases, the money of shareholders. → Read More
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