Defendants Kept in the Dark About Evidence, Until It’s Too Late – The New York Times

By BETH SCHWARTZAPFEL–NYTIMES

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For decades, legislation to require prosecutors to turn over evidence earlier has run into stiff opposition from New York’s district attorneys, who present a powerful counterargument: the safety of witnesses. More than a dozen such bills have failed in the past quarter-century.

Now, the politics show signs of shifting, and a renewed effort is underway to push the Legislature to overhaul state discovery rules, following the example of traditionally more conservative states such as North Carolina and Texas.

This year, the New York State Bar Association for the first time is throwing its weight behind a new Assembly bill requiring prosecutors to automatically turn over police reports, witness names and statements, and grand jury testimony early in a case. Their endeavor is backed by the Legal Aid Society and the Innocence Project, a nonprofit that helps exonerate people who have been wrongly convicted, although it faces a difficult road. There is no companion bill in the Senate, and Gov. Andrew M. Cuomo has not embraced the idea.

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Read entire article…

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Immigration 2017 | Emergency Preparedness for Families

Free CLE Program and Webcast for NYSBA Members 

and Co-Sponsoring Organizations

 

During the Presidential campaign and post-election, President Donald J. Trump indicated that he would implement significant changes in U.S. immigration law centered on an “America First” platform. On January 25th and 27th, the President signed three executive orders “Enhancing Public Safety in the Interior of the United States,” “Border Security and Immigration Enforcement Improvements” and “Protecting the Nation from Foreign Terrorist Entry into the United States.” The executive orders led to litigation in several federal district courts nationwide.

 

This panel will address a few of these sweeping immigration changes, their impact on families currently residing in the United States and in what capacity the legal profession may be able to meet the needs of immigrant families proactively through family safety planning. Panelists will discuss how to walk a family through a safety plan in a way that will maximize its effectiveness and provide an overview of various custodial and guardianship arrangements for children, both temporary and permanent.  Efforts by legal services providers and the private bar to meet the challenges immigrants face in this new environment will also be discussed.

 

If you are unable to attend in person, this program will also be recorded and streamed as a live webcast.

 

Program Topics

Overview of Drastic Immigration Changes that Impact Families 

Increased Need for Legal Representation in the Face of these Changes

 

Click Here to View the Program Agenda 

 

Program Panelists

Honorable Anthony McGinty | Ulster County Family Court

Deborah S. Kearns, Esq. | Albany County Surrogate’s Court

Sarah Rogerson, Esq. | Albany Law School

Alima M. Atoui, Esq. | Albany County Surrogate’s Court

Gerard Wallace, Esq. | Director, NYS Kinship Navigator 

Click Here to Learn More about the Program Panelists 

Wednesday, April 12, 2017  

3:00 p.m. – 5:00 p.m.

 

New York State Bar Center

One Elk Street | Great Hall | Albany, NY

2.0 MCLE Credits in Professional Practice

This is a transitional program suitable for newly admitted and experienced attorneys.

 

Learn More and Register Today  

www.nysba.org/EmergencyPreparedness2017 

 

Presented by the New York State Bar Association Committee on Children and the  

Law in conjunction with The Legal Project – Capital District Women’s Bar Association,  

Third Judicial District Gender Fairness Committee,  Liberty Defense Project,  Albany County Bar Association,  Empire Justice Center,  Albany Law School, NYSBA  President’s Committee on Access to Justice, NYSBA Committee on Immigration Representation, NSYBA Committee on Legal Aid, and the NYSBA Committee on Continuing Legal Education.

Congressional Republicans Kill FCC ISP Privacy Rules – TidBITS

How Strong is San Francisco’s “Sanctuary City” Lawsuit Against the Trump Administration? | Vikram David Amar | Verdict | Legal Analysis and Commentary from Justia

 VIKRAM DAVID AMAR AND MICHAEL SCHAPS

With many eyes this week on the Ninth Circuit litigation challenging President Trump’s Executive Order regulating entry into the U.S. by nationals of seven Middle Eastern and African countries, less noticed but potentially as important is a separate lawsuit (San Francisco v. Trump) the City and County of San Francisco has filed against the feds focusing on a different Executive Order the President has issued–this one seeking to rein in so-called sanctuary jurisdictions. Although the term “sanctuary” lacks universal legal meaning, San Francisco has long considered itself a sanctuary city insofar as it limits its cooperation with federal immigration authorities. San Francisco’s stated view is that its residents are safer and healthier if undocumented residents feel free to report crimes to police and to avail themselves of other public resources (e.g., health clinics and schools) without fear that local authorities are actively working with the feds in deportation efforts.

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Read entire article and analysis…

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North Carolina Law Students Must Disable MacBook Pro Touch Bar for 2017 Bar Exam [Updated] – Mac Rumors

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This is a notice for all applicants who will be using their laptop at the February 2017 North Carolina Bar Examination. If you are planning to use the newest version of the Mac Book Pro with Touch Bar, you will be required to disable the Touch Bar feature prior to entry into the Bar Examination Site. 

To disable the Touch Bar: 

From the Dock, open System Preferences, then double-click Keyboard, then open the drop-down menu for “Touch Bar Shows,” and select Expanded Control Strip. 

Please be advised that the Announcing Proctor will make an announcement at the start of the exam session asking anyone who is using a Mac Book Pro with Touch Bar to raise their hand so that a proctor or ExamSoft technician can come to their seat and ensure that the Touch Bar has been disabled.

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No reason is given…but read more, including an update that California has issued an even more restrictive rule…

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Sanctuary cities see legal holes in Trump’s immigration orders | Reuters

http://www.reuters.com/article/us-usa-immigration-legal-idUSKBN15B03H

President Donald Trump’s executive order directing federal agencies to take away funding from self-proclaimed sanctuary cities had one big exemption for one of his favorite constituencies: the police, who would be protected from cuts.

But Trump’s opponents say that very exemption makes it much more likely that a judge could strike down that section of the order as unconstitutional.

It is just one example of the legal arguments that cities, immigration groups and other opponents are readying as they prepare to fight an executive order signed by Trump on Wednesday that would cut federal aid to “sanctuary” jurisdictions that limit cooperation with federal immigration authorities.

Read more…

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Can a New Administration Undo a Previous Administration’s Regulations?

Maeve P. Carey 

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Following the election of Donald J. Trump on November 8, 2016, questions have been raised as to whether and how a new President’s administration can amend or repeal regulations issued by the previous administration. In short, once a rule has been finalized, a new administration would be required to undergo the rulemaking process to change or repeal all or part of the rule. If a rule has not yet been finalized, however, a new President may be able, immediately upon taking office, to prevent the rule from being issued. In addition to these administrative actions, Congress can also take legislative action to overturn rules. 

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Read entire article…

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