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Understanding the impact and how legal professionals can help

A rite of passage into adulthood can take many forms. In some traditions, it might be learning a prayer or important dance, or going off into the woods on a solo adventure/journey.

A more modern rite of passage for kids is going to the courthouse during their parents’ divorce proceedings to talk to judges about their living situations, about who does the majority of the parenting and about whom they feel the closest feelings of warmth and love.

The California Family Code’s Section 3042 is not unlike the code sections of many other states. As children get older, their voices begin to get louder. In California, children who are 14 years old have the right to address the court, while the court may elect to hear from children younger than 14. Other states use the language “sufficient age and capacity to reason” or something similar.

From Jude Egan

I remember

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The potential impact of the Georgia Senate race has been greatly exaggerated

Both Republicans and Democrats agree why the Jan. 5 runoffs for Georgia’s two U.S. Senate seats are important. But there is far less agreement on how they will be important, with considerable exaggeration from both sides.

Republicans have a 50-48 lead in the new Senate, which means they need to win at least one of the two Georgia races to keep their majority. By contrast, Democrats need both to take control, with Vice President-elect Kamala Harris then able to cast the deciding vote to break 50-50 ties.

Maintenance of a GOP majority would at the very least make life difficult for President-elect Joe Biden by giving Majority Leader Mitch McConnell the power to block the new president’s proposals and nominees.

Some Republicans are already saying they may refuse to give even a confirmation hearing to Neera Tanden, Biden’s choice to head the Office of Management and Budget. Biden’s judicial nominees

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U.S. Supreme Court debates Louisiana split-jury law’s impact as it weighs applying it retroactively | Courts

Whether the verdicts rendered by non-unanimous juries are less accurate than ones built on consensus – and just what accuracy means with a racially discriminatory law – drew a spirited debate at the U.S. Supreme Court on Wednesday as the nine justices considered applying the court’s recent ban on split verdicts retroactively.

The justices, including famously mum Clarence Thomas and the court’s newest member, Louisiana native Amy Coney Barrett, were vocal as they wrestled with where jury unanimity fits in with previous rulings that the court has refused to make retroactive, such as with the right to race-neutral jury selection.

Some of the same six justices that agreed in April that divided juries are unconstitutional, declaring a Jim Crow-era anomaly of Louisiana law a mistake, cast doubt on the case for applying it to inmates who have exhausted their appeals.



U.S. Supreme Court to consider whether ban on split jury verdicts should be retroactive

About 1,500 Louisiana convictions hang in the balance

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2020’s NY Employment Law Changes Will Have Lasting Impact


By Mark Goldstein and Alexandra Manfredi

Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our weekly newsletters. Signing up for any of our section newsletters will opt you in to the weekly Coronavirus briefing.

Law360 (December 1, 2020, 1:15 PM EST) —

Mark Goldstein
Mark Goldstein
Alexandra Manfredi
Alexandra Manfredi

The labor and employment law landscape in New York — and, more broadly, life in general — underwent significant changes in 2020. The majority of these changes centered on workplace-related regulations promulgated in response to the COVID-19 pandemic.

And beyond this, New York state and city lawmakers and jurists focused on issues such as paid sick and safe leave, the reach of anti-discrimination statutes, joint employment standards, and pay for tipped workers.

In this

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Bail reform in this county didn’t have any impact on new criminal activity, new study says

Criminal Justice

Image from Shutterstock.com.

Bail reform in the county that includes Chicago had no impact on new criminal activity or violent criminal activity of defendants who were released before trial, according to a new study.

The study, by the Loyola University Chicago, examined bail reform in Cook County, Illinois, instituted by Cook County Chief Judge Timothy Evans.

His September 2017 order required judges to first determine whether a defendant should be released before trial. In cases of release, a presumption of release without money bail applied. If the judge did set bail, the amount should be affordable to the defendant.

The study found that the probability of new criminal activity, after controlling for defendant and case factors, remained at about 17% before and after bail reform, while the

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Timeline: The impact of the national security law on Hong Kong

(Reuters) – Here is a timeline of developments since China imposed national security legislation in Hong Kong this year, making anything Beijing regards as subversion, secession, terrorism or colluding with foreign forces punishable by up to life in prison.

An anti-government protester is silhouetted with the skyline during a demonstration near Central Government Complex in Hong Kong, China, September 15, 2019. REUTERS/Tyrone Siu/Files

June 30: Beijing unveils details of the national security law, which takes effect just before midnight on the eve of the anniversary of its handover from British to Chinese rule on July 1.

July 1: Police arrest more than 300 people as protesters take to streets. Ten are arrested under the new national security law.

Britain promises to grant those in Hong Kong with British National Overseas (BNO) passports five years of limited stay to work or study as a pathway to citizenship.

July 2: Government says

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Gonsalves’ lawyer says video shows the moment of impact in moped crash

Madeleine List
 
| The Providence Journal

PROVIDENCE — The lawyer for the family of Jhamal Gonsalves, a 24-year-old man who has been in a coma since an officer-involved moped crash last month, is bringing renewed attention to a video that has not been publicly released but that he says shows key moments of the crash that previously released videos do not.  

“From my perspective, when I watch it, I see an impact,” said the family’s lawyer, Jude Kerrison. “But I’m not going to sit here and say that somebody who’s a naysayer and does not want to see an impact is not going to watch it and say otherwise.” 

The key question in the case is whether or not an officer, Kyle Endres, who was following close behind Gonsalves’ moped, struck Gonsalves with his cruiser. So far, videos that have been released by the Providence Police Department have shown the

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COVID-19 Impact on Divorce Rates

With divorce rates spiking, some couples want to know their options for separating in 2020.

All relationships involve a degree of conflict—and it’s normal to argue more during stressful times. From worrying about your health and the health of your loved ones to facing increased financial uncertainty, all of the classic marital stressors have been amplified by the events of 2020.

For some couples, pandemic friction has involved a few more fights about the laundry or the savings account. For others, lockdown has exposed issues that run deeper and offered ample time for reflection, leaving them to wonder about their options for pursuing separation during the pandemic.

Covid’s Impact on Relationships

Relationship counselors consistently rank financial stress, boredom, disagreements about parenting, and arguing about household chores as the most common sources of relationship trouble.

With many couples stuck in the house, homeschooling children, and facing added financial uncertainty, it should

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NY case doesn’t ‘impact validity’ of Pamela Smart’s conviction

By Nancy West
 |  InDepthNH.org

CONCORD – The state won’t review Pamela Smart’s murder conviction as suggested by her attorney after new information came to light last week about Paul Maggiotto, the now-Concord attorney who prosecuted her in 1991, according to Deputy Attorney General Jane Young.

Last Friday, the 1989 murder conviction of Gerard Domond was vacated after Brooklyn, N.Y. District Attorney Eric Gonzalez determined Domond didn’t get a fair trial because Maggiotto withheld key evidence that the sole eyewitness suffered from serious mental health issues.

Maggiotto denies withholding any evidence in the case, and said the decision to vacate Domond’s conviction doesn’t mean he’s innocent.

Young said her office has reviewed the report of Gonzalez’s Conviction Review Unit regarding Domond’s conviction by Maggiotto in Brooklyn before moving to New Hampshire.

“Over the years, Pam Smart has presented numerous challenges to her conviction. The most recent challenge was a request

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Trump lawsuits unlikely to impact outcome of U.S. election, but might slow defeat

By Tom Hals

WILMINGTON, Del (Reuters) – President Donald Trump called in his lawyers to shore up his dimming re-election prospects, but legal experts said the flurry of lawsuits had little chance of changing the outcome but might cast doubt on the process.

As Trump’s paths to victory narrowed, his campaign on Thursday was ramping up legal challenges and filed its latest case in Nevada.

On Wednesday, the campaign sued in Michigan, Pennsylvania and Georgia and asked to join a pending case at the U.S. Supreme Court.

Experts said the litigation serves to drag out the vote count and postpone major media from declaring Biden the victor, which would have dire political implications for Trump.

“The current legal maneuvering is mainly a way for the Trump campaign to try to extend the ball game in the long-shot hope that some serious anomaly will emerge,” said Robert Yablon, a professor at

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