back from Belize

It is a wonderful place... I did not want to come home. But, I do need to earn money - so I'm back.

Age discrimination difficult to prove

Along with selling its own services (but not a slam at them) th MBA has a fairly good article on age discrimination, landlords' need to secure their premises, and lost luggage. A simple Q&A that may be helpful to some readers....

The Return of Legalized Racial Profiling[!]

There may be a Clancy-Grisham[esque] flavored plot behind what was going through their minds. Have these federal judges been intimidated by other minds behind the strength of the Patriot Act, or are they really pining for the glory-days of the 1950s? With opinions like this, the United States is a good place to be a white Christian - all others beware.

[ex]employees protected against retaliation

"Massachusetts state law ... protects employees from retaliation, regardless of whether an employee prevails in a discrimination claim or not."
A good thing to know if you have been wrongfully fired.

This example appears to be an extreme (that is why it has made the news), but it provides some of the logic / ground rules that one should know when considering an action against a former employer.

'Tis the season for proms and graduation parties... and alcohol

"Today, civil liability is something that cannot be taken lightly. If someone under 21 drinks alcohol at your home and is involved in an incident, you could be sued. If that person is hurt or hurts someone else, you can be liable for a large sum of money, which will not be covered by an insurance company. In fact, liability is a serious consideration for police officers when dealing with youths that have been drinking. No one wants to take the risk that a young life could be lost because of alcohol.

Very simply, don’t allow underage drinking in your home. It’s not worth the risk."

So if you disagree, have the state congress change the law.

Property tax hits mobile homes

Should you be allowed to live tax-free if your shelter has hot&cold running water, and cable TV?

Some people have had their taxes increased because the tree fort build for their kids was 'too nice.' If a nice tree fort is taxable, some may think that taxes should be paid on mobile homes, as well.

Regardless, there are points on both sides of the subject.

out sick

I've been in the hospital for the last few days. Doctor's are not sure what was [/is?] wrong with me, but I'm sure that my wife could clue them in on many of my ills...

Poorly-Written Bill Should NOT Become Law

The crux of a proposed law in Mass is criminalizing fraudulently-induced sexual intercourse.
Lying is bad in general. If you have lie to someone to have sex with that person, your a scumbag.
But as Eugene Volokh points-out, such a bill needs to provide more clear guidelines before it is passed into law (or half of all college kids are destined for jail time).

Attorney-Client Privilege: 'Til Death do Us Part?

With the rarest of exceptions, confidentiality in the legal field extends beyond the client's death.

Chapter 40B affordable housing law

Maybe developers are making too much money. Maybe the law should be repealed. But maybe the affordable housing they are making is needed. And, ah, which one of our laws is perfect?

I agree that more state supervision is required in the building of 40B units, and developers must not accept higher-than-normal profits in lieu of quality construction. But I do not see a need for the law's destruction.

Your opinion?

An Act to Prevent Oil Spills in Buzzards Bay

So,what is really wrong with this?

Though this firm has not done any maritime law, this is an important ecological concern.

I want a beer and I look like a foreigner

OK; if I've lost that last 40 pounds, re-grow a goatee, get out of the office long enough to get a tan, I may look a little too Mediterranean for some people.
At some point, someone is going to ask me for my passport when I buy a round of drinks... Will it be racial profiling? Read between the lines; tell me what you think.

Wage Law = Good & Bad

This is good in two ways (one selfish) and perhaps bad in another.

What is good is that a justified plaintiff will be awarded in a more consistant fashion. Also, the law may increase the number of employment law-related cases for this firm.

The flip-side on this issue is that some employers may not want to put themselves into a position of having to pay three-times a normal damages award (even when the employer was not mis-paying on purpose), and they may leave Massachusetts to go over the border to set-up shop. Will this law cause a loss of business presense in Mass?

Read the article; tell me what you think.

What's Eating You at Work?

Most Mass. workers entitled to meal breaks
Boston Globe - United States
Is there a Massachusetts law that regulates this? A. Breaks during the work day keep us all sane and safe. Allowing breaks during the workday isn't just a ...

May just want to keep your mouth shut...

Though I am waiting to hear what the Supreme Judicial Court (SJC) will be ruling on the matter, there is a serious argument before the Court as to the admissibility of covertly attained audio recordings for murder suspects. The logistics make sense; but it appears to be unconstitutional. Read the article and tell me what do you think?

A Decade Later, "Brownfields" Law Transforming Landscape

A good quick-read on how one law has improved otherwise waisted post-industrial land. The toxic clean-up initiative has not only improved the land, but to a certain degree the local economies of brownfield areas.

NJ court requires subpoena for Internet subscriber records (AP)

AP - Internet service providers must not release personal information about users in New Jersey without a valid subpoena, even to police, the state's highest court ruled Monday.

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