International Arbitration

What is international arbitration?

International arbitration is a form of arbitration that deals primarily with contract disputes among parties who are domiciled in different countries. International arbitration, like domestic arbitration can be either binding or non-binding on the parties involved. International arbitration involves the parties, their representatives and an arbitrator where the groups discuss the issues involved and attempt to come to an amicable solution.

Why would I choose to go through international arbitration?

As with domestic arbitration, international arbitration exists mainly in contract disputes. Often times in a contract, especially one that involves a foreign corporation, there exists a clause in the contract mandating arbitration if a dispute arises prior to any court intervention. Next time you buy a product manufactured in a foreign country take a look at the warranty and you will most likely find a clause that states that all legal matters involved shall be resolved by an international arbitrator.

This is beneficial for both parties involved, especially for the consumer, because in lieu of arbitration the parties will go to court. The way the court system works is that the first party to get personal jurisdiction over the other and file their complaint will decide in which jurisdiction the matter will be resolved. Since corporations usually have teams of lawyers representing them this will often be a negative result for the consumer. Aside from a court finding forum non-conveniens it will be the obligation of the party to seek representation in the foreign country and abide by the rules of the court in that jurisdiction.

International arbitration is most beneficial because it forgoes legal formalities that often lead at least one party unaware of the jurisdictions laws. For that reason it is best to have arbitration by a neutral individual that is performed without the legal formalities associated with in court litigation.

Are there requirements for international arbitration?

Arbitration does not involve any of the rules or formalities associated with in court civil litigation. The International Bar Association’s rules on the taking of evidence in international commercial arbitration adopt neither the common law jurisdictions discovery procedures nor the civil law. However, just like domestic arbitration, arbitrators are bound to follow the rules of confidentiality, neutrality and competence in the field in which they arbitrate.

Teen Stabs 37 Students with Needle in Puerto Rico

San Juan, Puerto Rico—A 14-year-old-girl went on a playground rampage with a hypodermic needle, stabbing 37 classmates, local officials said on Thursday.

“She stabbed one, ran, stabbed another, ran again—she made it seem like it was some sort of joke,” Education Secretary Jesus Sanchez about Thursday’s lunchtime attack on 12 to 14-year-olds at the Jose de Choudens middle school in the southern coastal town of Arroyo.

Margarita Casalduc, a spokeswoman for the National Health Department said it was unclear if the syringe contained any carcinogens as further tests were needed to determine contamination levels.

The victims, who were accompanied by their mortified parents, gathered at a convention center to be tested for hepatitis C and HIV as precautionary measures. Sanchez said counselors were also helping the victims and their parents cope with the bizarre attacks.

Fidel Rodriguez, spokesman for the Justice Department, said that social workers are interviewing the alleged attacker to determine a motive. The girl, who has been suspended from school, initially claimed said she found the syringe, but later admitted to stealing it while visiting a relative at a hospital. Rodriguez said it was not clear why she decided to attack her classmates.

Gross Negligence

What is the Legal Definition of Gross Negligence?

What is Gross Negligence?

Gross negligence is a severe lack of due diligence on the part of the defendant that represents a lack of concern for the likelihood that injuries will result. The distinction here is that the defendant’s conduct is exceptionally below the conduct of a “reasonable person.” In a case involving gross negligence, punitive damages may be awarded in addition to general and special damages.

What are the Limitations on Gross Negligence?

Generally speaking, healthcare professionals and law enforcement are protected from liability when dealing with emergencies another other job functions.

In most states, health officials and employees are protected against criminal or civil liability except for “wanton and willful misconduct”

Healthcare professionals that respond to life threatening emergencies
First responders at emergencies
School nurses and professionals that administer medication and immunizations to pupils

Still, healthcare workers are expected to know the risks of administering aid or medication under the direction of others. They may be found guilty of negligence if they knowingly administer drugs that could cause serious harm. Additionally, in times of disaster, there are several statues that protect relief workers and those that provide shelter to the displaced.

How does it differ from willful and wanton conduct?

Willful and wanton conduct implies that the damages are intentional while behaving recklessly. In this case, the defendant’s actions constitute a conscious disregard for his or her safety and the safety of others. This differs from gross negligence in that the assumption is that the damages are unintentional, but caused by a willful disregard for the safety of others. In both cases, the defendant has acted recklessly without regard for the well-being of others. Any action on the part of the plaintiff that contributed to his or her injury is not willful and wanton conduct but rather gross negligence.

What is an example of gross negligence?

A building owner with knowledge of the fire code but willfully refuses to provide fire extinguishers and adequate fire exits will be found guilty of gross negligence on top of other charges should bodily harm or property destruction happen as a result of a lack of safety precautions in an unsafe environment. A “reasonable person” would follow the fire code and abide by it to protect the well being of both him and others that rely in the safety of the establishment. This example would be willful and wanton conduct if the defendant had perhaps locked employee exits during a fire emergency.

Source: Michigan Courts – https://www.courts.michigan.gov/mcji/negligenceCh10-19/negligence-ch14.htm

What training is required to be a mediator?

What training is involved in mediation?

In the context of legal history mediation is a relatively new and ever evolving field in the legal environment. This being said there is currently no state in the Union that requires an individual to be certified or even have any kind of training in order to be a mediator. Many states, however, do require that an individual have at least some form of training or education in the field of mediation. The state of Massachusetts, for example requires a minimum of 30 hours of training for mediators. Training can also be satisfied by appropriate classes taken in undergraduate school, law school, business school or any other form of higher learning. The courses that qualify are usually those that deal with alternate dispute resolution, negotiation, and arbitration.

Why would someone get training if it is not required?

Even though mediation training is not required it is highly beneficial for those seeking to enter the field. First and foremost, mediation is a voluntary action taken by parties to a dispute. That being said, parties are free to choose their own mediators and are not court appointed. On that point it is in the mediator's best interest to be as knowledgeable about the procedures, strategies, and methods involved in mediation in order to retain clients and receive satisfactory results.

Must a mediator be certified?

As mentioned above, there is no state in the Union that requires a mediator to be certified. However, some courts require qualification standards in order to be considered in court referrels or providing services in court-connected dispute resolution programs. The court of your jurisdiction will often provide a list of these mediators for parties to choose from. As mentioned, one is not required to pick from this list and they are free to choose an outside mediator to resolve the situation.

What standards do mediators have to follow?

Mediators are not subject to exclusionary rules of evidence, or rules of evidence and there is virtually no court interaction. However, a mediator should be impartial and act as a neutral member of the negotiations. He/she has an obligation to be competent about the subject matter and be capable of devoting the time and effort necessary to resolve the matter.

Steps to Using The THOMAS System

Introduction:

The Library of Congress’s THOMAS system was launched in 1995 with the intention of making all federal legislation readily available to the public. Over time THOMAS has expanded to include:

• Bills and Resolutions
o Public Laws by Law Number
o House Roll Call Votes
o Senate Roll Call Votes
o Legislation by Sponsor
• Activity in Congress
o Yesterday in Congress – a review of the previous legislative day
o House Floor Now – continuous updates of events occurring in the House of Representatives.
• Congressional Records, Calendars
o Contains the official records for all sessions on Congress since 1989
• Committee Information
• Presidential Nominations
• Treaties
• Government Resources

All of these resources are searchable through the thomas.loc.gov website.

How do I use THOMAS to find a piece of legislation?

Let’s say you are researching US-Cuban Relations. You could start with H.R.255 – the Cuba Reconciliation Act if you had prior knowledge on the subject. But let’s assume the researcher does not have complete information. The researcher can use THOMAS to:

• Search by Bill Text – Simply typing “Cuba” into a simple search of Bills, Resolutions of the 112th Congress brings up 66 results, with the Cuba Reconciliation Act second on the list
• Search by Bill Sponsor – Let’s say you know the name of the sponsor – Rep. Jose Serrano of New York’s 16th district. You may go to the homepage of THOMAS and select the “Browse Bills by Sponsor” dropdown box. Selecting Jose Serrano will pull up 17 results with the Cuba Reconciliation Act appearing as number 8 on the list
• A newer function tags relevant documents with specific search tags such as “commerce” or “health.” Individuals starting a very broad search may choose to start here to get an idea of the nature of bills passed by Congress.

Once you have found the appropriate piece of legislation, there will be a page for the bill that shows among other relevant information, the text of the legislation, amendments, committees and most importantly All Congressional Actions.

What other services are available on THOMAS for the general public?

The THOMAS website maintains a special section for teachers and K-12 students to help them learn about issues in government and the legislative process. There are also resources for adults that inform readers of interesting facts as well as procedural rules about Congress.

Why is THOMAS an essential function of the Library of Congress?

THOMAS’s namesake, President Thomas Jefferson believed in the right of ordinary citizens to be able to review the affairs of the government and other relevant legislative information. The continued existence of THOMAS provides unprecedented access for every American to otherwise an otherwise impenetrable legislative process. The expansion of the scope of THOMAS to include all affairs of Congress also helps further the goal of a more open government.

Is It Difficult To Find a Job For a Convicted Felon?

There may be as many as twelve million ex-felons in the United States of America, meaning that as much as eight percent of the working-age population are seeking jobs for convicted felons who have completed their terms of service. In recent years, the Equal Employment Opportunity Commission has considered the Civil Rights Act to mean that before a company is able to bar jobs for ex-offenders, the company must show that there is a business necessity before the employer will be allowed to automatically ban the job for felons.

Some jobs, for convicted felons, such as health care or education cannot be fulfilled by former felons. Some statutes forbid licensing boards from allowing jobs for ex-offenders, while other boards are required to consider the applicant’s moral character, with a prior conviction being considered a valid indication of compromised moral character.

Some of the professions with licensing requirements that can prevent jobs for convicted felons are ambulance drivers, billiard room employees, physicians, attorneys, nurses, barbers, embalmers, pharmacists, realtors, accountants, septic tank cleaners, and alcoholic beverage sellers.

However, some states have modified the relevant laws. California, for example, has modified laws saying jobs for ex-offenders can only be prevented if the original offense was related to the qualifications, duties, or functions of the job which they are applying to fill. Texas law takes into account the relationship of the jobs for felons and the original offense, the time since the original activity, and if the person has letters of recommendation about the job.

The 2 Phases of Inmate Resocialization

Re-socialization is a concept of sociological concern that addresses how individuals adapted to operate in a different environment. In a general sense, re-socialization is the process of integrating an individual to operate in a new environment.

Re-socialization develops in two phases. The first goal of re-socialization is to erode the identity of the individual who is being re-socialized. Re-socialization involves taking away the identity and independence of the individual who is being incarcerated.

Some of the methods that are employed in order to affect re-socialization include forcing the felon to surrender all personal possessions, get uniform haircuts, and wear standardized prison jumpsuits. Identity is further diminished by degrading the felon through impersonal interactions, such as finger-printing and assigning serial numbers to each felon. The serial numbers largely replace the felon’s given name, and becomes the primary method of identifying and addressing the prisoner.

The next step of re-socialization involves building a new, conforming identity for the felon. Assigning the serial number is the first step in this process, since it gives another way to identify the individual. As an individual conforms more closely to the desired behaviors, they may be granted additional privileges. Conformity can gain the felon additional privileges, such as the opportunity to make phone calls or receive visitors.

Colorado County Jail

Jefferson county jail

The Jefferson County Jail inmates incarcerated in Golden, Colorado have an advantage that is not enjoyed by inmates in any other jail or prison in the United States of America. The Jefferson County Jail inmates operate a rose garden, which is funded through their snack purchases, telephone usage fees, and other commissary purchases.

Pueblo county jail

Pueblo County Jail places a special emphasis on rehabilitation. This focus was developed Pueblo County Jail experienced a heightened rate of recidivism in 2008. Programs offered by Pueblo County Jail focus on fostering life skills in its inmates which will allow them to succeed after they are released from jail.

Arapahoe county jail

Arapahoe County Jail started as a one room jail house in 1865. In 1987, a new building was constructed. In 2002, the Arapaho County Jail was renamed the Patrick J. Sullivan Jr. Detention Facility in honor of a former sheriff. The facility is capable of housing 1,186 inmates.

Adams county jail

Adams County Jail has been located in Brighton, Colorado since 1985. The Adams County Jail is considered state of the art, and has served as a model for many other jails, both county jails and state prisons. The Jail Division of the Adams County Sheriff's Office is responsible for the operation of the Adams County Jail.

Contact Colorado lawyers for legal advice and assistance.

Recent Improvements Made in Forensic DNA Testing

On October 10, 2012, the National Institute of Justice announced updates and findings for several initiatives to improve forensic DNA efficiency within the lab. Some of the DNA Unit Efficient projects did not produce positive results for efficiency, but some of the projects had considerable results.

Palm Beach County Sheriff’s Office
In 2009, the Palm Beach County Sheriff’s Office started noticing a huge increase in casework and no improvement in turnaround time. The huge amount of backlogs caused the Office to form a DNA/Law Enforcement Working Group to find ways to decrease turnaround times.

The study found that if the samples of evidence were submitted to the lab before being submitted to the Forensic Biology Unit for DNA testing, the backlog decreased.

University of North Texas Health Science Center, Fort Worth
The Science Center started a project in 2009 to form a better processing system for the data analysis of mitochondrial DNA. The new system automatically analyzes and annotates the raw data. However, if the software cannot complete an automated analysis, the software points the analyst to the specific area that needs reviewed. The new system analyzed the data significantly faster and with fewer errors.

The Science Center also found ways to reduce the amount of labor needed for each data review. Furthermore, the study found ways to decrease costs for each unit.

Louisiana State Police Crime Laboratory
In 2008, the Louisiana State Police Crime Laboratory noticed that the increase of DNA requests resulted in lower and lower turnaround times. Thus, the Crime Laboratory created a number of projects that updated equipment, introduced robotics, and reduced the amount of paper used for recording. Since 2008, backlog has decreased by 85 percent, and the number of DNA requests increased 68 percent each month after 2008.

The points in this article are merely highlights. Some of the full reports have already been published, and the full report from the Palm Beach County Sheriff’s Office is still awaiting publication.

Source: National Institute of Justice

Clark County Jail

Clark County Jail is located on 707 West 13th Street in Vancouver, Washington. The Clark County jail currently has a population of 714 inmates. The correctional facility is a low to medium security jail. As a result of its security level, the majority of inmates are convicted of non-violent crimes, or petty crimes that do not pose considerable threats to society.

As a result, the average length of stay is just under 15 months for the individuals incarcerated in Clark County jail. The Clark County jail has a medical unit which is considered one of the best in the state. The medical services center provides aid to individuals confined in the main jail, the jail work center, and those in custody in the Juvenile Detention facilities.

Although the facility experiences minimal problems in terms of violence, and attempted escapes, the Clark County jail experienced a severe budget deficit in late 2009. The financial problems resulted in two rounds of departmental budget cuts resulting in the closure of the “H” cell block. The prison lost 36 staff positions, and over 200 prison beds. As a result, the prison is susceptible to overcrowding and constantly transports inmates in and out of the facility.

The Clark County Jail has a total of 6 pods or cell blocks. The D, E, and F cell blocks are located near the Medical Unit and possess visiting hours on Tuesday, Wednesday, Thursday, Saturday, and Sunday. These are the pods located in the main jail; the other pods are stacked or organized within the Jail Work Center and the work release portion of the prison.

Uncategorized

Injury & Accident Law, Claims, Settlements

What You Need To Know About Divorce Law