lawyer

A migrant family from the South seeks a better life in Mexico.

Photo: Luis J. Jimenez/The New York Times

The chorus of critics of Arizona's new law targeting suspected illegal immigrants has been joined by an unlikely voice. It belongs to Mexican President Felipe Calderon, who has blasted the Arizona law as opening the door "to intolerance, hate, discrimination and abuse in law enforcement."

Just one problem with Calderon's holier-than-thou posturing. His own country's Reglamento de la Ley General de Poblacion General Law on Population, which was enacted in April 2000 is quite similar to the Arizona law, with one important difference. It is far stricter and the penalties for violating it far more draconian.

Under the Mexican law, illegal immigration is a felony. The penalty includes up to two years in prison. That jail time

is upped to 10 years for repeat offenders. Visa violators can be sentenced to prison terms of 6 years, and any Mexican wh ... Read more »

In Louisiana, as in most states in the U.S. child support ends automatically when children are grown up. Each state has its own age of majority and its own exceptions when support can terminate before the majority of the child or when support obligations can continue beyond the majority. In Louisiana, when child support orders cover more than one child in the award, the non-custodial parent has to go to court to get an adjustment to the order when the older children are no longer entitled to support. The change will not happen automatically.

Under Louisiana Code section 315.22 the duty to pay child support terminates automatically when the minor child reaches the age of majority if the support award is for only one child. If the support award covers more than one child in a single order, the duty to pay the support does not automatically terminate until the youngest child covered by the support order reaches the age of majority. In Louisiana, the age of majority is 18 years. ... Read more »

States and the federal government have laws that protect individuals' privacy and safety on the Internet. Some of these laws are designed to protect private information that a person does not wish to disclose to anyone else. Other laws are designed to protect information that is disclosed only to a website but not intended to be distributed to third parties.

A state may punish an Internet user for "public disclosure of private facts". This occurs when someone has disclosed private information about another person in a manner that a reasonable person would consider to be objectionable. For example, if a person were to hack into the computer files of another person and publish them on the Internet for everyone to see, then the hacker could be found liable for disclosing these facts. However, if the information is of public interest or was obtained from a public figure (i.e. politician), then the person suing must prove the information was false and the defendant knew it was fa ... Read more »

Even If You Have Abysmal LSAT Scores

Important Video Presentation

Dear Prospective Lawyer:

I’m Peter Loughlin, attorney and author of The New Special Report: The Law School Bible. Like many of you I always wanted to be a lawyer, but was never able to overcome the many barriers and confusion surrounding the requirements to become a lawyer and a licensed member of the Bar. That is, until I discovered alternative paths into the legal profession.

I embarked on a quest to become a lawyer that opened my eyes to the fact that there was not only one way to become a lawyer, in fact there are a number of ways. But every time I asked State Bar officials about exactly how I could use these alternative methods I was scoffed at and told it couldn’t be done, period. Fortunately for me I refused to take no for an answer and eventually broke “the code” and joined the ranks of practicing attorneys.

My ... Read more »

If you take property from a Florida merchant or retail store without paying for it, you can be arrested for shoplifting -- technically called petit theft in Florida under the state law that defines theft, robbery and related crimes. Although shoplifting a candy bar or comic book might seem like a relatively trivial youthful indiscretion, the consequences of a shoplifting conviction can be severe.

Petit theft, the Florida term describing shoplifting, is known in other states as petty theft, petty larceny, 4th-degree theft or plain old shoplifting. Florida law defines petit theft as taking or attempting to take property from a merchant or store, an act that prevents or attempts to prevent the rightful owner from selling the property to a paying customer.

Canadian Retail Theft Laws & Consequences

A merchant account allows businesses to accept credit cards from customers. You could be having a hard time resisting the temptation.

Shoplifting is one of thos ... Read more »

My Unconventional Path To – and Through - Law School.   My journey to law school  - and through law school  - was as unconventional as they come.  Prior to entering law school, I worked as a cancer researcher and as a science education researcher.  I discovered my interest in law while I was pursuing a Master of Public Administration degree, and enrolled in law school after I received my MPA.

During my first year of law school, I realized that my science background was well-suited for a career in intellectual property law.  After completing foundational courses in Patent Law, Trademark Law, and Copyright Law, among other areas, I earned a Certificate in Intellectual Property Law.  Through the Black Law Students’ Association, I participated in community outreach, and as part of the Moot Court Honors Board, I competed in moot court competitions around the country.  While in law school, I was also working part-time and raising a family.  Yet, ... Read more »

Florida is home to roughly 1.3 million alligators, according to the Florida Fish and Wildlife Conservation Commission, so it should come as no surprise that the state has several laws on the books to deal with them. They range from protecting alligators to how you can legally remove one from your property.

Florida s Alligator Management Program has five separate divisions, one of which is the Statewide Nuisance Alligator Program. Should an alligator come lumbering into your yard, you can call SNAP toll free at 866-FWC-GATOR, and SNAP will send a nuisance alligator trapper to come collect it. But there s a catch. The gator must be at least 4 feet long before Florida law considers it to officially be a nuisance. The state takes the position that shorter alligators are incapable of causing harm, even to household pets, unless they re handled. Of course, this can leave you between a rock and a hard place because removing the alligator yourself may involve handling it. If you fin ... Read more »

Twelve U.S. states recognize common-law marriage: Alabama, Colorado, Iowa, Kansas, Montana, New Hampshire (but only for inheritance purposes), Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah. The District of Columbia also recognizes common-law marriage.

Unless all four of the above statements are true, there isn't a common-law marriage. Just like in a conventional marriage, when a common-law marriage exists, a couple must go through the same formal divorce process to end the marriage.

Family Law Free Advice states that if a couple move from a state that recognizes common-law marriage to a state that doesn't, the new state will usually recognize the marriage. That means that if a couple lived in Montana, where their common- law marriage was recognized, and they move to California, California will most likely recognize the couple as being married.

The Statute of Limitations for Common-Law Marriage in California

Regulations for Insta ... Read more »

Crime December 19, No Comments

The legislature revised and updated the law in

Pennsylvania’s Megan’s Law is not affected by yesterday’s state Supreme Court decision in Commonwealth v. Neiman, Reps. Ron Marsico (R-Dauphin County) and Tom Caltagirone (D-Berks County), the majority and minority chairmen of the House Judiciary Committee, said today.  Joining them was David Freed, Pennsylvania District Attorneys Association (PDAA) president.

The Pennsylvania Supreme Court ruled that a prior version of Megan’s Law was unconstitutional because its enactment violated the single subject rule.

In order to comply with new federal requirements, the Legislature worked with PDAA, Pennsylvania State Police and Juvenile Court Judges Commission in to modernize Megan’s Law.  Indeed, that legislation replaced the law that was before the court.

“In reality, virtually nothing has changed with regard to the registration requirements for those who commit s ... Read more »