Jessica Bulman-Pozen, Our Regionalism, 166 U. Pa. L. Rev. 377 (2018). Eloise Pasachoff Regionalism in America is having a renaissance—in conceptualizing the shared and competing interests of red, blue, and purple states; in developing new possibilities for governance across the country; and in administrative law scholarship. Into this mix comes Jessica Bulman-Pozen’s timely and thoughtful article, Our Regionalism. 1 While we usually talk about “Our Federalism,” regionalism has in fact “shaped American government over the past century,” helping to define “how power flows to and within the federal government.” (Pp. 381-382.) In making this case and exploring how regionalism’s different governance forms have, over time, both expanded the federal bureaucracy and increased state power within federal programs, Bulman-Pozen’s work also helps frame the contemporary stakes for the American polity of…
Regional Administration and the American Experiment
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Statutory Interpretation for Courts and Lawyers
Victoria Nourse, Misreading Law, Misreading Democracy (2016). James E. Pfander Since the New Deal, when more information became available about the hearings and reports that accompanied the passage of bills through Congress, lawyers and judges have been fighting over how to read legislation. Law professors have joined the fray, debating questions such as how far courts can stray from the plain meaning of the text and how reliably courts can look to legislative history in attempting to make sense of the words of the statute. Every interpretive method promises fidelity to Congress as the first branch of government, but the methods deliver very different forms of fidelity. Some prize the words themselves, using dictionaries and canons to give them meaning; others look for meaning in the purposes and debates that animated the legislation. Enter Victoria Nourse. In a series of articles drawing on her experience as a key staffer in Congress, Nourse argues that we should all take…
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Can That Big Truck See You At Night?
You have been driving a dark stretch of rural Interstate or highway in Alabama at night. You have car trouble and must slow or stop. Suddenly, you are struck from behind by a large commercial truck. It’s not a farfetched scenario. Some people must drive at night for work. Others choose to take long trips at night when our roads are less congested. If you have driven at night on the Interstate in Alabama, you will also see many large eighteen wheeler trucks. On poorly lit stretches of rural highways, it is absolutely essential that all drivers can see. And, all drivers must see far enough ahead to stop safely when necessary. This is the exact scenario of some recent clients. A family was traveling through Alabama on the Interstate. While on a rural stretch of the roadway, they blew a tire and their SUV flipped. None of them suffered injuries (at this point). As they were trying to exit the overturned SUV, a large eighteen wheeler struck them. This rural stretch of…
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Americans’ Optimism About Job Market Hit Record High in 2017
Today’s post was shared by US Dept. of Labor and comes from news.gallup.com 56% viewed job market positively in 2017, up from 42% in 2016 Confidence in job market buoyed by Republicans since Trump’s inauguration 40% of unemployed adults seeking jobs rated job market as good WASHINGTON, D.C. — Americans’ optimism about finding a quality job averaged 56% in 2017, the highest annual average in 17 years of Gallup polling and a sharp increase from 42% in 2016. Coinciding with rising optimism, the U.S. unemployment rate fell from an average 4.9% in 2016 to 4.4% in 2017, the lowest rate since 2000. Since October 2001, Gallup has asked Americans monthly if it is a good time or a bad time to find a quality job. Historically, Americans’ perceptions of the job market have tracked closely with the monthly unemployment figures from the U.S. Bureau of Labor Statistics. When the unemployment rate is low, public perceptions that it is a good time to find a…
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Change Made in Social Security Offset Law in WA State
Washington State House Bill 1336, sponsored by Representatives Kirby, Sells, and Appleton, was passed by the Senate on March 2nd, 2018. Governor Inslee signed the bill into law last week. Brian Wright attended the signing ceremony, celebrating the conclusion of this process over the 2017 and 2018 regular sessions. This change amends the statute that governs the offset of workers’ compensation benefits paid when an injured worker is also receiving Social Security disability or retirement benefits, as follows: Sec. 1. RCW 51.32.225 and 2006 c 163 s 1 are each amended to read as follows: (1) For persons receiving compensation for temporary or permanent total disability under this title, the compensation shall be reduced by the department to allow an offset for social security retirement benefits payable under the federal social security, old age survivors, and disability insurance act, 42 U.S.C. This reduction shall not apply to any worker who is receiving…
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You’re Fired! Using Employment Releases in Work Comp Settlements
Many workers’ compensation cases that are settled include the voluntary resignation of the employee. When this is the case, the employer/insurer request the employee sign an employment resignation and release document as part of the global agreement. Failure to understand this process can result in added costs and missed objectives any settlement. Meeting Expectations and Avoiding Miscommunications The employment resignation and release is a legal contract between the employer and employee. Given the nature of this agreement, it is outside the scope of a workers’ compensation insurance policy. This adds to the complexity of settling a claim that includes employment law issues and requires each party to understand their proper role: Defense Attorney: Attorneys representing the employer/insurer need to consider many These factors include the scope of their representation in the claim and understanding of the…
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Girl suffers injuries from python bite at Chicago expo
Police are investigating an incident in which a four-year-old girl sustained a python bite at the Chicagoland Fishing, Travel and Outdoor Expo in suburban Chicago. The 17-foot snake was part of an exhibit. According to police, the girl was bitten as she petted the python while visiting the snake exhibit with her family. They were attending the first day of the expo at the Schaumburg Convention Center. The girl suffered a bite to her chest and neck area. Authorities transported her to a nearby medical center with non-life-threatening injuries. Expo organizers, National Marine Manufacturers Association, said “the python was immediately removed from the show” after the attack. However, the circumstances surrounding the python and its handler are still unknown. Police are investigating the incident. Victims of dog bites and other animal-related injuries in Chicago can pursue compensation for their pain and suffering, medical bills, and other expenses. It may be possible…
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Georgia Goodyear Plant Fined for Federal Workplace Violations
Workplace accidents occur every day in Georgia. The U.S. Occupational Safety and Health Administration (OSHA) monitors working conditions throughout the United States and investigates accidents in the workplace. If OSHA discovers uncorrected violations, the employer may be subject to citations and penalties. OSHA’s mission is to improve working conditions for all workers in the United States in order to reduce workplace injuries. Georgia Goodyear Plant Faces Federal Workplace Law Violations According to one news source, a Goodyear Tire & Rubber Co. plant in Georgia was cited for around $70,000 for failing to follow federal workplace safety laws and creating a risk of Georgia workplace accidents. OSHA recently cited the plant for seven citations after an inspection of its plant in Social Circle, Georgia. The OSHA area office director stated that the organization found “multiple safety deficiencies that put employees at risk of serious injury or death.” Some…
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Court Finds in Favor of Plaintiff Attacked by a Pack of Dogs
Earlier this month, an appellate court handed down a decision in a personal injury case involving a plaintiff who was seriously injured after she was attacked by several dogs belonging to the defendant. The case required the court to determine whether the owner of the dogs could be held strictly liable for the injuries caused by the dogs. Additionally, the court had to determine if the plaintiff’s potential negligence in bringing about her own injuries should factor into the jury’s decision. The case presents several interesting issues for Maryland dog bite victims because Maryland law applies a similar standard to that which is applied in the case. However, under Maryland’s contributory negligence law, a plaintiff who is found to be even the slightest bit at fault for her own injuries will be precluded from recovery. Thus, while the laws applied in the case are different in some ways from those in Maryland, the case is still illustrative of how a similar case…
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Keeping Minors in Juvenile Court Usually Most Appropriate
For minors accused of committing a crime, there is a vital difference between being tried as a juvenile and being tried as an adult. Juvenile courts can be more lenient towards defendants and have fewer long-term consequences because: The system focuses more on rehabilitation and education; Sentencing periods tend to be shorter; and It is easier to seal or expunge a juvenile offense from someone’s record. State prosecutors will sometimes be overzealous in charging a juvenile as an adult. A court can dismiss adult charges against a juvenile if the charges are inappropriate based on the defendant's age. Juvenile vs. Adult In Illinois, determining whether a minor is tried as an adult depends on his or her age and the severity of the charge: For misdemeanor and non-violent felony offenses, the defendant is tried as a juvenile if he or she was 17 or younger at the time of the alleged offense; and For violent felony offenses, the defendant is…
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Slip and Falls Are a Common Work Related Accident in Rome
Slip and falls are among the most common type of accidents in the country. Every ... The post Slip and Falls Are a Common Work Related Accident in Rome appeared first on The Bader Law Firm.
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Seeking Financial Recovery After a California Motorcycle Accident
The temperate climate of California is perfect for motorcycle enthusiasts. In fact, California offers some of the most popular motorcycle routes, including the views from Big Sur along Highway 1. However, each year as more motorcyclists take the road, there is a corresponding increase in California motorcycle accidents. This is not to say that the accidents are caused by motorcyclists. Indeed, the majority of motorcycle accidents involving more than one vehicle are later determined to be the fault of the other motorist. The causes of motorcycle accidents vary, but distracted driving, drunk driving, and aggressive driving are among the top causes of fatal motorcycle accidents. When a motorist’s negligence causes a motorcycle accident, the injured motorcyclist may be able to obtain compensation for any injuries sustained in the crash through a personal injury lawsuit. If successful, a plaintiff may be able to recover compensation for past and future medical expenses, lost…
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Vehicular Homicide Charge In Crash In Marietta
The Marietta Daily Journal reports on a fatal accident in Sandy Springs where a Tennessee man is charged with vehicular homicide. On March 18, 61-year-old David Cho was involved in a traffic accident that claimed the life of his passenger, 54-year-old Susan Cho. An accident investigation revealed that Cho had been attempting to avoid an accident on Interstate 285 eastbound. This accident involved 3 vehicles and occurred at about 9 a.m. on 285 eastbound near Roswell Road. While trying to avoid this accident, Cho lost control of the car and hit a guardrail. This caused the vehicle to flip. Susan Cho was partially ejected from the vehicle and was pinned beneath the Toyota Sequoia. Police were called in to investigate the crash, which closed some of the lanes of 285 eastbound for five hours. Cho was also injured in the accident. He was taken to Grady Memorial Hospital. Once medically cleared, Cho will be facing charges of second-degree vehicular homicide and failure to…
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Bicycle Laws in New Jersey
Everyone at one time or another has ridden a bicycle. Those who have ridden their bikes near or on a roadway have probably been subjected to honking horns and angry drivers yelling at them to get out of their way. But, did you know that you have rights as a bike rider when it comes to hitting the streets? Before we dive into some of New Jersey’s laws regarding bicycles, here are some things you should know. Bicycling has increased in popularity in recent years, especially when it comes to commuting to work. According to the U.S. Census, the number of Americans who ride their bike to work has increased by 60% since 2000. Bicycling is also considered one of the healthiest exercises you can do for your health. It’s a healthy and cost-effective way of traveling compared to breaking your wallet at the gas pump. Bicycle Safety Laws Under Garden State law, bicyclists who take to the streets have all the rights and duties applicable to that of a driver. This includes using…
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Opponents of NRA Florida Gun Ban Lawsuit Underestimate Its Chances
In the wake of the deadly school shooting in Parkland, Florida, the state legislature passed a reform bill, Senate Bill 7026, in order to enhance school safety. One of the provisions of that bill is a ban on all gun sales to people under the age of 21. Within hours of the bill becoming law, the National Rifle Association (NRA) filed a lawsuit to stop that particular part of the bill from taking effect. Most mainstream news outlets brought on 2nd Amendment scholars who quickly dismissed the lawsuit’s chances of success. These experts cite past courts decisions, as well as a long history of strictly regulating the sales of firearms to individuals between the ages of 18 and 20 as reasons why the NRA’s challenge is more of a political stunt than a serious threat to Florida’s new law. I think most of the conventional analysis is dead wrong. It ignores obvious complexities in this area of constitutional law, which will result in a much more difficult decision than…
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Bader Law Firm Named The Official Law Firm of Atlanta United 2
The Atlanta-based injury law firm becomes official sponsor of second team. ATLANTA (Mar. 26, 2018) ... The post Bader Law Firm Named The Official Law Firm of Atlanta United 2 appeared first on The Bader Law Firm.
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La Firma De Abogados Bader es Nombrada Firma De Abogados Oficial De Atlanta United 2
La firma de abogados de lesiones, con sede en Atlanta, se convierte en patrocinador ... The post La Firma De Abogados Bader es Nombrada Firma De Abogados Oficial De Atlanta United 2 appeared first on The Bader Law Firm.
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Can I Still Get Workers Compensation If I Was at Fault?
Unlike personal injury claims, workers’ compensation is not guided by the law of negligence. If you have been injured while working in the state of Missouri, you are entitled to workers’ compensation benefits as long as you were working under the authority and the scope of your position. Workers Comp is a type of coverage that Missouri employers are required to carry in case one of their employees is hurt while at work and performing work-related activities. Unlike other types of claims like personal injury, workers’ compensation is not guided by the law of negligence. “Negligence” is a legal term that states that someone did something that lead to someone being injured. It could also mean that they didn’t do something that they should have, and that failure to act led directly to someone being hurt. Workers’ compensation isn’t based upon negligence. This means that an employee could be responsible for their injuries, and…
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Falls and Fractures in the Nursing Home
Nursing home residents often live in care environments because they need extra help with everyday tasks and often need more assistance than in-house help or a family can offer. Mobility issues, Alzheimer’s, and other conditions can make seniors more prone to wandering and falls. Aging and conditions such as osteoporosis can mean a greater susceptibility to fractures and bone breaks. If combined with a living situation which includes nursing home negligence or abuse, Hollywood or South Florida residents can be at great risk. Why Falls and Fractures Happen Falls and fractures can occur for any number of reasons in a nursing home. Elderly residents may become disoriented or may have vision or mobility issues which affect balance and movement. In many cases, understaffing can mean residents do not have the support and supervision needed when they attempt to get out of bed or when they walk around. Even simple tasks such as bathing, getting out of bed, walking up or down…
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How to Avoid Workers’ Comp Fraud
Florida Workers’ Compensation insurance protects injured workers by replacing lost wages and paying medical benefits. This coverage is essential – a safety net for those who are hurt on the job. But some parties abuse the system. Fraud is an unfortunate reality. How can you avoid being a victim? What is Workers’ Comp Fraud? Workers’ compensation fraud is a third degree felony in Florida. It can involve: Making false claims in order to deny workers’ compensation or avoid legal responsibility. Misrepresenting payroll. Misclassifying employees. Making false claims in order to receive workers’ compensation. Fraud can be perpetrated by both employers and employees. When employers try to defraud their insurance carriers, it is known as “premium fraud.” When an employee attempts to receive benefits for a nonexistent injury or otherwise misrepresents the injury, it is known as “claimant fraud.” While anyone within the…
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