News & Analysis as of

Prison

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

Work refusal due to second-hand smoke was not properly investigated: arbitrator

by Dentons on

A correctional officer with sinusitis and sensitivity to second-hand smoke was entitled to have her work refusal investigated by prison management, an arbitrator has decided. Although the prison was a non-smoking...more

2016 Global Cartel Enforcement Report

by Morgan Lewis on

Authorities launched new criminal probes, obtained guilty pleas from companies and executives and imposed hefty fines as aggressive enforcement continued. Several significant developments occurred in cartel enforcement...more

Alabama in 2017: The Road Ahead for Tax Legislation in Montgomery

The 2017 legislative session begins February 7th in Montgomery, and we expect several tax-related proposals to be considered during the session. Our readers may recall that the 2016 session ended with no long-term plan in...more

Those Confining DiMasi Are Challenged to Make a Better Case for His Freedom

by PretiFlaherty on

I’m hoping the U.S. Bureau of Prisons (BOP) does a bang-up job on the homework assignment it’s been given by Judge Mark Wolf in the matter of freeing Sal DiMasi, former Speaker of the Massachusetts House. Sal’s been in...more

10 years in jail and up to Dh1m in fines for care givers in UAE found with child pornography

by Hassan Elhais on

People entrusted with child care who create or distribute child pornography face at least 10 years in jail and fines of up to Dh1 million, the final version of the Child Protection Law stipulates. Informally named...more

My First Trial: Lessons I Learned in a Pelican Bay Prison Case

by WilmerHale on

I was 16 years old when, like much of the nation, I became transfixed by the O.J. Simpson criminal trial. I knew then I wanted to be a lawyer. Fast forward 20 years to a federal courtroom in San Francisco where I represented...more

Ask the Health Law Gurus™: Can a Prison Forcibly Medicate an Inmate with a Psychotropic Drug against the Inmate’s Will?

Question: Can a Pennsylvania prison forcibly administer a psychotropic medication to an inmate against the inmate’s will? Answer: In Pennsylvania, a prison’s ability to forcibly medicate an inmate with a psychotropic...more

Court Upholds Prison for Flea Market Owner for Counterfeiting by Tenants

by Dorsey & Whitney LLP on

As trademark and copyright counterfeiting and piracy has grown, courts have become more willing to grant meaningful relief to rights owners and to penalize counterfeiters and those who facilitate their illicit activities. ...more

Social Links: The rise of social news; how technology hijacks our attention; are websites a dying business?

In a fascinating, must-read article, a Google design ethicist explains the techniques that engineers and entrepreneurs employ to keep us hooked on the web. A majority of U.S. adults—62%—now get their news on social...more

Feds Renew Focus on Worker Safety and Individual Accountability

by Williams Mullen on

Massey Energy CEO Donald Blankenship reported to a California prison on May 12 to begin serving a one-year sentence for willfully violating mine safety standards. His conviction was related to the deadliest United States...more

White Collar & Investigations: Hastert Receives 15 Month Sentence in Federal Structuring Case

by Williams Mullen on

In June of last year former Speaker of the United States House of Representatives Dennis Hastert was indicted for structuring and false statements to the FBI in an investigation that focused on more than $900,000 in cash...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Maine Legislature Reconvenes Today, May Possibly Adjourn sine die The Maine State Legislature...more

Claims to Accommodate Flying Spaghetti Monster-ism Hit the Wall in Nebraska Court

by Littler on

On April 12, 2016, a district court in Nebraska rejected the religious accommodation claims advanced by a member of the Church of the Flying Spaghetti Monster.1 In denying the religious accommodation claims, the court was...more

Committee OK's Bill to Address Suicide Among Correction Officers and Prisoners

by PretiFlaherty on

Here’s a thumbs-up to the legislature’s Joint Committee on Public Safety and Homeland Security. Last week, the committee rightly gave a favorable report to a bill, SB 1284, mandating a study of how to keep prisoners and...more

Supreme Judicial Court Holds That Sweat Lodge Prison Closure Violates RLUIPA

On November 23, in Trapp v. Roden, 473 Mass. 210 (2015), the Supreme Judicial Court of Massachusetts ruled that the Massachusetts Department of Correction’s (DOC) closure of a sweat lodge at Souza-Baranowski Correctional...more

Irresponsible to Criticize Judge Who Ruled Correctly

As lawyers, we frequently disagree with the decisions of judges. The federal and state constitutions protect our right to express our disagreement and provide a mechanism to appeal decisions. Judges have no control over which...more

Over 70 million prison phone records leaked

Securus Technologies (Securus), which provides phone services for many of the country’s prisons, experienced a breach of over 70 million phone records from over 37 states. The data leaked includes downloadable recordings of...more

OHSA duties did not require employer to issue public response to “smear campaign” against non-racialized jail employees:...

by Dentons on

An adjudicator has held that the Occupational Health and Safety Act‘s “general duty” clause did not require an employer to issue a public response to a “smear campaign” by one employee and his lawyer against non-racialized...more

Health Care Physicians in the Crosshairs: Criminal Prosecution

by Pullman & Comley, LLC on

Recent changes to our health care system have been at the forefront of the American news cycle for several years. But certain aspects have not received adequate attention. One example is the scrutiny federal and state...more

Africa Update - October 2015 #2

by Mintz Levin - ML Strategies on

Leading the News - Libya: On October 8th, The Washington Post provided an update on the Islamic State of Iraq and the Levant’s (ISIL) activities in Sirte, Libya. Since taking hold of Sirte earlier this year, ISIL...more

What is Religious Exercise Under RLUIPA?

In last week’s, RLUIPA Round-Up we reported about the case Hale v. Federal Bureau of Prisons (D. CO 2015) in which the court found that the Church of the Creator – a white supremacist movement that advocates “total racial...more

Supreme Judicial Court Hears Case Involving Access to Sweat Lodges in Prisons

On October 5, 2015, the Supreme Judicial Court of Massachusetts heard argument in Trapp v. Commissioner of the Department of Corrections, SJC-11863. At issue is whether RLUIPA (and the Massachusetts Constitution) recognize...more

"Phantom" Debt Collectors Actually Sued by FTC, Banned From Business

Why it matters - The operators of a scam that processed more than $5.2 million in payments from consumers for payday loans that were not owed to the operators are now banned from the debt collection business, the...more

Africa Update - September 2015 #5

Leading the News - Burkina Faso: On September 25th, the United Nations (U.N.) Security Council issued a statement welcoming the reinstatement of President Michel Kafando and the transitional authorities of Burkina...more

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Cybersecurity

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