Teachout Residency Decision- Analysis of “Residency” Under NYS Election Law

JURIST – DOJ: New York jail routinely violates rights of adolescent inmates

 

[JURIST] The US Department of Justice (DOJ) [official website] released a report [press release] Monday finding that the New York City Department of Correction [official website] has routinely violated the constitutional rights of male teenagers at the Rikers Island jail complex. The report was released after a multi-year investigation pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA) [text] was completed, which found that correctional officers relied on physical forms of punishment. No legal action has commenced [Reuters report]…   +read more

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Your Gmail account is fair game for cops or feds, says US judge| Naked Security

Case 1:14-mj-00309-UA (SDNY) by Leonard E Sienko Jr

Besides the decision itself, which concerns a money-laundering investigation, New York District Judge Gabriel Gorenstein’s decision was unusual in that the he actually took the trouble to write a lengthy explanation.Southern District NY  “… on Thursday opened up our entire Gmail accounts to feds or cops with warrants, in spite of two recent decisions that went against similar requests.

He wrote that email accounts are the same as hard drives, as far as the law was concerned, meaning they can be seized in their entirety when investigators show up with a warrant…”

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Read entire analysis by Naked Security here.

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NACDL – Clemency Project Overview

 

Northern District of New York

Federal Court Bar Association, Inc.

www.ndnyfcba.org

(315) 422-2799

July 13, 2014

ANNOUNCEMENT

NACDL Clemency Project 2014 

Upcoming Mandatory

Live Webinar Training

July 15 and July 16, 2014 

Dear Leonard:

The NDNY-Federal Court Bar Association is pleased to forward our members the following information regarding the 2014 NACDL Clemency Project and the upcoming 2014 Required Training Live Webinar which will be held on July 15, and July 16, 2014.

The NACDL Clemency Project asks the legal profession to provide pro bono assistance to federal prisoners who would have likely received a shorter sentence if they had been sentenced by  today’s sentencing standards.  Support for this program comes from the NACDL, ABA, FAMM, ACLU, federal public defenders and other bar groups.

Please contact the Clemency Project administrators for details, questions and registration:

clemencyproject@nacdl.org.

For more information about the program please visit their website at: http://www.nacdl.org/NewsReleases.aspx?id=33100.

_________________________

Dear Clemency Project 2014 Volunteers,

First, on behalf of NACDL, our colleagues at the ABA, FAMM, the ACLU, federal public defenders, and the many other bar groups that are referring volunteer lawyers to Clemency Project 2014, I want to again extend our deepest gratitude for this remarkable outpouring of support in this effort. For those who have previously heard from us, this is a further update on where things stand. For those who have volunteered since our previous communication, welcome to the Project.

The most important piece of information to communicate is that the required training for all Clemency Project volunteers will be conducted via a live webinar on July 15 and 16. The program will be webcast from NACDL headquarters, and will also be available online shortly thereafter for on-demand viewing. Therefore, while live viewing is preferable, it is not mandatory. It is anticipated that the complete program will consist of four 90-minute segments.

Prior to the live training, all volunteers will be provided with a link to view the program agenda. We plan to conduct the program in an interactive manner to afford participants an opportunity to submit questions. If there are clarifying questions that cannot be addressed during the webcast, Project volunteers will share the questions and answers via an email subsequent to the live production. All participants, whether participating in the live webcast, or viewing it subsequently online, will be required to certify that they have viewed the entire training program before cases are assigned to them. Case assignment will begin shortly thereafter.

As many of you know, the Bureau of Prisons has been notifying all inmates serving federal sentences of the clemency initiative and its criteria. Additionally, all inmates are being advised that they may request pro bono counsel through Clemency Project 2014. Most inmates are receiving the notification and an electronic questionnaire via the BOP internal TRULINCS communications system. The results of that survey are transmitted to Clemency Project 2014 and imported into a tracking system that will be the central repository for all requests. The tracking system will provide you online access to verify and update the inmate’s information, as well as to track the progress of each case. As of now, we have received more than 18,000 requests for assistance. Additionally, the small percentage of inmates who cannot access the electronic survey have access to a paper questionnaire that they can mail to Clemency Project 2014. So far, we have received close to 1,000 questionnaires.

Thus, in addition to the tremendous efforts of a Training Committee that is assembling both the core training and supplementary materials to assist those who will be reviewing the inmate requests, we are spending the time between now and mid-July to organize and sort all of the electronic data, as well as to capture the raw data received on the paper questionnaires.

Additionally, sometime between now and the training program, you will be asked to register for the training and complete a survey. The survey will seek to determine how much time and resources you can devote to the project, and to provide the Project with some basic information about your experience level. This information will help the Project determine how best to employ your talents at the various phases of the review, screening, and petition drafting process.

We are extremely pleased that Cynthia Roseberry, an outstanding criminal defense lawyer who has most recently served as the Executive Director of the Federal Defenders for the Middle District of Georgia, will be coming to Washington, D.C. to serve as Project Manager. Once Cynthia arrives at her post, in the middle of this month, she will be the principal point person for you as volunteers and she will be responsible for the overall management of the Project.

Again, thank you for volunteering. We will continue to provide periodic updates via email. In the meantime, for those who can be available, we hope you will join us for the July 15 and 16 training webcast.

One final note: from time to time, we will send essential updates such as this to all volunteers for Clemency Project 2014. Please do not unsubscribe from this distribution list, as it will mean that you will no longer receive information concerning the project. For questions or updates about the Clemency Project, please send emails toclemencyproject@nacdl.org<mailto:clemencyproject@nacdl.org>.

With best regards and gratitude on behalf of my colleagues in Clemency Project 2014,

Norman L. Reimer

Executive Director

NACDL

____________________________

We encourage all interested attorney to join this worthwhile project.

Sincerely,

Edward R. Conan

2012 Past President

and

The Officers for the NDNY-Federal Court Bar Association

NDNY-Federal Court Bar Association

www.ndnyfcba.org

(315) 422-2799

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2 Arrested For Flying Drone Close To New York Police Chopper–Ubergizmo

 

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While the Federal Aviation Administration has until next year to come up with rules that govern the use of drones in the National Airspace System there’s no denying the fact that drones have already taken to the skies. Available for a couple of hundred dollars, with models offering better altitude and range costing thousands, its fairly easy for anyone to get their hands on a drone.

This means that inevitably there would be a situation where someone lands in trouble even when they think they aren’t doing anything wrong. That’s exactly what happened to Wilkins Mendoza and Remy Castro who were arrested for flying a DJI Phantom 2 drone too close to a New York Police helicopter.

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Read entire Ubergizmo report here.

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Notice of Public Hearing: Special Education : P-12 : NYSED

 

 

United States Department of Education
Notice of Public Hearing 
July 16, 2014
1:00 pm-3:00 pm and 6:00 pm – 8:00 pm
New York State Education Department
Office of Professional Discipline
1411 Broadway 
Regents Room 10th Floor
New York, New York

On Wednesday, July 16, 2014, the United States Department of Education (the Department) will conduct public hearings, pursuant to section 457 of the General Education Provisions Act (GEPA), 20 U.S.C. § 1234f to determine whether it should enter into a Compliance Agreement with the New York State Education Department (NYSED).  Written public comments on this issue will also be accepted through July 26, 2014.  NYSED has requested that the Department allow NYSED to enter into a Compliance Agreement to resolve its noncompliance with a specific requirement under Part B of the Individuals with Disabilities Education Act (IDEA).  Since April 2012, NYSED has not been in compliance with the IDEA Part B requirement to issue within thirty (30) days, unless a party requests and is granted a specific extension, the State-level independent decision in an appeal of an impartial due process hearing officer’s decision.  (20 U.S.C. § 1415(g); 34 CFR §§ 300.514(b) and 300.515(b)).  NYSED has stated that it is not able to correct this noncompliance within one year due to the significant and unanticipated increase in the number of appeals of due process hearing decisions under Part B of the IDEA.

 

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You must have a photo ID and should arrive early to process through security.  To facilitate security processing, all individuals planning to attend must notify the Department by July 7, 2014 so that a list of attendees can be provided to Building Security.  In addition, please indicate if you plan to give testimony.  Participation notification and requests for reasonable accommodations should be submitted to: Jocelyn Logan-Friend with the Department at OSEPnysedhearinginfo@ed.gov by July 7, 2014. 

 

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n consideration of information provided through this public comment process, the Department will determine whether it is feasible for NYSED to reach compliance within one year and, based on that determination, will issue Written Findings and a Decision to that effect, which will be published in the Federal Register along with the substance of any Compliance Agreement. 

To obtain a copy of this notice, please contact Jocelyn Logan-Friend atOSEPnysedhearinginfo@ed.gov

You may also click here.

 

 

Sen. Libous Indicted by Federal Grand Jury–(See Full Text Below)

NY Court of Appeals Holds Local Governments Have Authority to Regulate Hydrofracking Through Zoning

We are asked in these two appeals whether towns may ban
oil and gas production activities, including hydrofracking,
within municipal boundaries through the adoption of local zoning
laws. We conclude that they may because the supersession clause
Nos. 130 & 131
in the statewide Oil, Gas and Solution Mining Law (OGSML) does
not preempt the home rule authority vested in municipalities to
regulate land use. The orders of the Appellate Division should
therefore be affirmed.

 

 

Speaking of Yiddish, U.S. District Court in New York Needs Translators – WSJ

 

The buildup to the mistrial in New York state Sen. Malcolm Smith‘s bribery case wasn’t just courtroom drama. It became a whole megillah.

U.S. District Judge Kenneth Karas had ordered prosecutors to turn over 93 hours of a cooperating government witness’s telephone conversations to defense attorneys because the recordings might help the defense. But complicating matters, 20% of those conversations were in Yiddish.

Though the New York region is home to more than 75% of the nation’s 159,000 Yiddish speakers, according to U.S. Census data, the U.S. District Court for the Southern District of New York has but a single interpreter on call.

Read WSJ entire article on Yiddish interpreters for courts in New York here.

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Airbnb will provide anonymous user data in New York’s investigation of illegal hotels-ABA Journal

 

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The website will give the anonymous data to New York Attorney General Schneiderman, according to theagreement (PDF). Airbnb will turn over identifying information, however, for users who in the next year become a subject of investigation by the state. The Wall Street Journal (sub. req.), Business Insider,CNNMoney and Bloomberg have stories.

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Read full ABA Journal article here.

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