What to Do When You Are Served with a Search Warrant by Manny A
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CCBE Contribution for the Rule of Law Report 2021 (26/03/2021)
CCBE Contribution for the Rule of Law Report 2021 26/03/2021 Introduction The Council of Bars and Law Societies of Europe (CCBE) represents the bars and law societies of 45 countries and, through them, more than 1 million European lawyers. The CCBE also acts as a consultative and intermediary body between its Members and between the Members and the institutions of the European Union on cross-border matters of mutual interest. The regulation of the profession, the defence of the rule of law, human rights and democratic values are the most important missions of the CCBE. Several areas of special concern to the CCBE include access to justice, the development of the rule of law, the respect for the right to a defence and the effectiveness of the Justice system, which are core values of the profession. The CCBE always places a great emphasis on the respect for the rule of law, democratic principles and fundamental rights. The values of the CCBE and its Member organisations are consistent with the Charter of Fundamental Rights of the European Union, and in particular its preamble, where it is stated, inter alia that “Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice”, CCBE values are also consistent with Article 47 (Rights to an effective remedy and to a fair trial), Article 48 (Presumption of innocence and right to a defence), and Article 49 (Principles of legality and proportionality of criminal offences and penalties). -
Final Report
Jamaican Justice System Reform Task Force Final Report June 2007 Jamaican Justice System Reform Task Force (JJSRTF) Prof. Barrington Chevannes, Chair The Hon. Mr. Justice Lensley Wolfe, O.J. (Chief Justice of Jamaica) Mrs. Carol Palmer, J.P. (Permanent Secretary, Ministry of Justice) Mr. Arnaldo Brown (Ministry of National Security) DCP Linval Bailey (Jamaica Constabulary Force) Mr. Dennis Daly, Q.C. (Human Rights Advocate) Rev. Devon Dick, J.P. (Civil Society) Mr. Eric Douglas (Public Sector Reform Unit, Cabinet Office) Mr. Patrick Foster (Attorney-General’s Department) Mrs. Arlene Harrison-Henry (Jamaican Bar Association) Mrs. Janet Davy (Department of Correctional Services) Mrs. Valerie Neita Robertson (Advocates Association) Miss Lisa Palmer (Office of the Director of Public Prosecutions) The Hon. Mr. Justice Seymour Panton, C.D. (Court of Appeal) Ms. Donna Parchment, C.D., J.P. (Dispute Resolution Foundation) Miss Lorna Peddie (Civil Society) Miss Hilary Phillips, Q.C. (Jamaican Bar Association) Miss Kathryn M. Phipps (Jamaica Labour Party) Mrs. Elaine Romans (Court Administrators) Mr. Milton Samuda/Mrs. Stacey Ann Soltau-Robinson (Jamaica Chamber of Commerce) Mrs. Jacqueline Samuels-Brown (Advocates Association) Mrs. Audrey Sewell (Justice Training Institute) Miss Melissa Simms (Youth Representative) Mr. Justice Ronald Hugh Small, Q.C. (Private Sector Organisation of Jamaica) Her Hon. Ms. Lorraine Smith (Resident Magistrates) Mr. Carlton Stephen, J.P. (Lay Magistrates Association) Ms. Audrey Thomas (Public Sector Reform Unit, Cabinet Office) Rt. Rev. Dr. Robert Thompson (Church) Mr. Ronald Thwaites (Civil Society) Jamaican Justice System Reform Project Team Ms. Robin Sully, Project Director (Canadian Bar Association) Mr. Peter Parchment, Project Manager (Ministry of Justice) Dr. -
Warrantless Workplace Searches of Government
WARRANTLESS WORKPLACE within which the principles outlined in SEARCHES OF GOVERNMENT O’Connor for “workplace” searches by EMPLOYEES government supervisors can be understood and applied. In sum, when a government supervisor is considering the search of a Bryan R. Lemons government employee’s workspace, a two- Branch Chief part analysis can be utilized to simplify the process. First, determine whether the There are a variety of reasons why employee has a reasonable expectation of a government supervisor might wish to privacy in the area to be searched. If a search a government employee’s reasonable expectation of privacy does workplace. For example, a supervisor exist, then consider how that expectation might wish to conduct a search to locate a can be defeated.2 Before turning to those needed file or document; the supervisor issues, however, it is necessary to first might wish to search an employee’s define exactly what is meant by the term workplace to discover whether the “workplace.” employee is misusing government property, such as a government-owned DEFINING THE “WORKPLACE” computer; or, a supervisor might seek to search an employee’s workplace because “Workplace,” as used in this he has information that the employee is article, “includes those areas and items committing a crime, such as using the that are related to work and are generally Internet to download child pornography. within the employer’s control.”3 This would include such areas as offices, desks, In situations where a public filing cabinets, and computers. However, employer -
Pratt's Government Contracting
0001 [ST: 1] [ED: m] [REL: 20-12GT] (Beg Group) Composed: Mon Nov 16 10:32:03 EST 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 0 PRATT’S GOVERNMENT CONTRACTING LAW REPORT VOLUME 6 NUMBER 12 December 2020 Editor’s Note: Guidance Victoria Prussen Spears 407 Department of Defense Overhauls Contractor Information Security Requirements Through Its Interim Rule Implementing the CMMC and DoD NIST SP 800-171 Assessment Methodology Thomas Pettit, Ronald D. Lee, Charles A. Blanchard, and Tom McSorley 410 Defense Department Guidance for Government Contractors on Additional COVID-19-Related Costs Joseph R. Berger, Thomas O. Mason, and Francis E. Purcell, Jr. 419 Federal Contractors May Face Immigration-Related Hiring Requirements and Barriers Paul R. Hurst, Elizabeth Laskey LaRocca, Dana J. Delott, and Caitlin Conroy 422 What the “Essential Medicines” Executive Order Means for Federal Contractors and the FDA James W. Kim, Brian J. Malkin, Peter M. Routh, and Gugan Kaur 427 Federal Circuit Revives Key Case Addressing Contractor’s Ability to Include Offsets in Measurement of CAS Change Impacts Kevin J. Slattum, Aaron S. Ralph, and Dinesh Dharmadasa 433 Eleventh Circuit Rules on FCA Materiality and Litigation Funding Agreements Matthew J. Oster 438 0002 [ST: 1] [ED: m] [REL: 20-12GT] Composed: Mon Nov 16 10:32:03 EST 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 47 QUESTIONS ABOUT THIS PUBLICATION? For questions about the Editorial Content appearing in these volumes or reprint permission, please call: Heidi A. -
2021 Rule of Law Report - Targeted Stakeholder Consultation
2021 Rule of Law Report - targeted stakeholder consultation Submission by ILGA-Europe and member organisations Arcigay & Certi Diritti (Italy); Bilitis, GLAS Foundation & Deystvie (Bulgaria); Çavaria (Belgium - Flanders); Háttér Társaság (Hungary); Legebrita (Slovenia); PROUD (Czech Republic); RFSL (Sweden) and Zagreb Pride (Croatia). ILGA-Europe are an independent, international LGBTI rights non-governmental umbrella organisation bringing together over 600 organisations from 54 countries in Europe and Central Asia. We are part of the wider international ILGA organisation, but ILGA-Europe were established as a separate region of ILGA and an independent legal entity in 1996. ILGA itself was created in 1978. https://www.ilga-europe.org/who- we-are/what-ilga-europe Contents Horizontal developments ........................................................................................................................ 2 Belgium ................................................................................................................................................... 4 Bulgaria ................................................................................................................................................... 5 Croatia .................................................................................................................................................... 8 Czech Republic ........................................................................................................................................ 9 Hungary -
Legal-Process Guidelines for Law Enforcement
Legal Process Guidelines Government & Law Enforcement within the United States These guidelines are provided for use by government and law enforcement agencies within the United States when seeking information from Apple Inc. (“Apple”) about customers of Apple’s devices, products and services. Apple will update these Guidelines as necessary. All other requests for information regarding Apple customers, including customer questions about information disclosure, should be directed to https://www.apple.com/privacy/contact/. These Guidelines do not apply to requests made by government and law enforcement agencies outside the United States to Apple’s relevant local entities. For government and law enforcement information requests, Apple complies with the laws pertaining to global entities that control our data and we provide details as legally required. For all requests from government and law enforcement agencies within the United States for content, with the exception of emergency circumstances (defined in the Electronic Communications Privacy Act 1986, as amended), Apple will only provide content in response to a search issued upon a showing of probable cause, or customer consent. All requests from government and law enforcement agencies outside of the United States for content, with the exception of emergency circumstances (defined below in Emergency Requests), must comply with applicable laws, including the United States Electronic Communications Privacy Act (ECPA). A request under a Mutual Legal Assistance Treaty or the Clarifying Lawful Overseas Use of Data Act (“CLOUD Act”) is in compliance with ECPA. Apple will provide customer content, as it exists in the customer’s account, only in response to such legally valid process. -
Pratt's Government Contracting
0001 [ST: 1] [ED: m] [REL: 20-12GT] (Beg Group) Composed: Mon Nov 16 10:32:03 EST 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 0 PRATT’S GOVERNMENT CONTRACTING LAW REPORT VOLUME 6 NUMBER 12 December 2020 Editor’s Note: Guidance Victoria Prussen Spears 407 Department of Defense Overhauls Contractor Information Security Requirements Through Its Interim Rule Implementing the CMMC and DoD NIST SP 800-171 Assessment Methodology Thomas Pettit, Ronald D. Lee, Charles A. Blanchard, and Tom McSorley 410 Defense Department Guidance for Government Contractors on Additional COVID-19-Related Costs Joseph R. Berger, Thomas O. Mason, and Francis E. Purcell, Jr. 419 Federal Contractors May Face Immigration-Related Hiring Requirements and Barriers Paul R. Hurst, Elizabeth Laskey LaRocca, Dana J. Delott, and Caitlin Conroy 422 What the “Essential Medicines” Executive Order Means for Federal Contractors and the FDA James W. Kim, Brian J. Malkin, Peter M. Routh, and Gugan Kaur 427 Federal Circuit Revives Key Case Addressing Contractor’s Ability to Include Offsets in Measurement of CAS Change Impacts Kevin J. Slattum, Aaron S. Ralph, and Dinesh Dharmadasa 433 Eleventh Circuit Rules on FCA Materiality and Litigation Funding Agreements Matthew J. Oster 438 0002 [ST: 1] [ED: m] [REL: 20-12GT] Composed: Mon Nov 16 10:32:03 EST 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 47 QUESTIONS ABOUT THIS PUBLICATION? For questions about the Editorial Content appearing in these volumes or reprint permission, please call: Heidi A. -
A Call from the Panopticon to the Judicial Chamber “Expect Privacy!”
Journal of International Commercial Law and Technology Vol.1, Issue 2 (2006) A Call From the Panopticon to the Judicial Chamber “Expect Privacy!” Julia Alpert Gladstone Bryant University Smithfield, RI,USA Abstract Privacy is necessary in order for one to develop physically, mentally and affectively. Autonomy and self definition have been recognized by the United States Supreme Court as being values of privacy. In our technologically advanced, and fear driven society, however, our right to privacy has been severely eroded. Due to encroachment by government and business we have a diminished expectation of privacy. This article examines the detriments to self and society which result from a reduced sphere of privacy, as well as offering a modest suggestion for a method to reintroduce an improved conception of privacy into citizens’ lives. Keywords: Privacy, Technology, Judiciary, Autonomy, Statute INTRODUCTION Citizens often pay scant attention to their privacy rights until a consciousness raising event, such as the late 2005 exposure of the unauthorized wiretapping performed by the United States Executive Branch, heightens their interest and concern to protect previously dormant privacy rights. The scholarly literature on privacy is plentiful which broadly explains privacy as a liberty or property right, or a condition of inner awareness, and explanations of invasions of privacy are also relevant. This article seeks to explain why privacy remains under prioritized in most people’s lives, and yet, privacy is held as a critical, if not, fundamental right. Privacy is defined according to social constructs that evolve with time, but it is valued, differently. It is valued as a means to control one’s life. -
Early English Law Reporting Michael Bryan
Early English law reporting Michael Bryan Introduction their selfless contribution to the little resemblance to a modern law Over the years the Law Library at the administration of justice by donating report. The reporter showed little University of Melbourne has built up their hides to what became known as interest in setting out the facts of a an impressive collection of early the plea rolls. These were the formal case. Moreover, few reports carried English law reports. This is not the parchment record of the proceedings any discussion of legal doctrine. On outcome of a deliberate acquisitions which ran continuously from (at least) the other hand, the year book reports policy; until recently there was no 1194 until the reign of Queen contained matter which would not be such policy, and various serendipitous Victoria. They were written in Latin found in a modern law report, gifts and bequests are responsible for which was the language of record including extra-curial opinions of the collection of reports, extending until 1732. The plea rolls noted the judges and practitioners on the law, as from the 16th to the 19th centuries. plaintiff ’s writ, the defendant’s reply well as the opinions of the reporter on The library has no holdings of and subsequent pleadings, the process a disputed question. The name ‘year medieval reports. On the other hand, of summoning a jury in jury actions, book’ is misleading since only a it has a complete run of the Selden judgement and process. The record minority of the books are chrono- Society editions of medieval year created and evidenced what later logically arranged, and the work of books so that, one way or another, the became known as res judicata, or modern scholars has imposed a entire history of English law estoppel by judgment, so that a party retrospective sense of order on the reporting until 1865 is represented. -
Search Warrants: Informants Jeff Welty UNC School of Government October 2018
Search Warrants: Informants Jeff Welty UNC School of Government October 2018 Objectives • Be able to categorize sources of information accurately as officers, citizens, confidential informants, or anonymous tipsters. • Know the legal tests for when information from each type of source is sufficient to provide probable cause. • Know the legal rules regarding staleness of information. • Be able to apply the above knowledge in the context of actual search warrant applications. Most Search Warrant Cases Involve Informants • “Studies in Atlanta, Boston, San Diego, and Cleveland [found] that 92 percent of the 1,200 federal warrants issued in those cities relied on an informant.” • Alexandra Natapoff, Snitching: The Institutional and Communal Consequences, 73 U. Cin. L. Rev. 645 (2004) • What fraction of your search warrant cases involve informants? 1 It Is OK for Officers to Rely on Information from Others • “The affidavit may be based on hearsay information and need not reflect the direct personal observations of the affiant.” • State v. Campbell, 282 N.C. 185 (1972) Categories of Sources Officers and Citizens Confidential Informants Anonymous Tipsters 2 Information from Other Officers • “[I]t is well‐established that where the named informant is a police officer, his reliability will be presumed.” • State v. Caldwell, 53 N.C. App. 1 (1981) • Does this presumption of reliability make sense? • Are there circumstances where you would not presume the reliability of information from another officer? • Even if it is reliable, it won’t always provide probable cause • Limited information • Conclusory information • Stale information • Poor basis of knowledge Information from Victims and Other Citizens • “The fact that [the citizen informant] was named and identified . -
Pratt's Government Contracting Law Report
0001 [ST: 1] [ED: m] [REL: 4938] (Beg Group) Composed: Fri Sep 11 11:43:19 EDT 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 0 PRATT’S GOVERNMENT CONTRACTING LAW REPORT VOLUME 6 NUMBER 10 October 2020 Editor’s Note: Fraud Victoria Prussen Spears 333 COVID-19: Health Care Fraud in a Public Health Emergency Matthew D. Benedetto, Elizabeth Purcell Phillips, and Thomas Costello 335 Justice Department Enforcement Priorities Focus on CARES Act Fraud Jaime L.M. Jones 347 OFCCP Promulgates Final Rule Eliminating Its Authority Over TRICARE Providers Jennifer L. Plitsch and Michael Wagner 351 A Sixth Circuit Victory for False Claims Act Defendants: Relators Are “Agents” of the Government for Purposes of the Public Disclosure Bar Eric A. Dubelier, Katherine J. Seikaly, James C. Martin, Colin E. Wrabley, Rizwan A. Qureshi, and Julya E. Heywood 355 Interim Rule Implements Section 889 Ban on Contractors Using Technologies from Certain China-Based Companies Paul R. Hurst, Meredith Rathbone, Peter Jeydel, and Caitlin Conroy 358 Attorney General Barr to U.S. CEOs: “You Might Be Lobbyists for China” Jeffrey J. Hunter 363 0002 [ST: 1] [ED: m] [REL: 4938] Composed: Fri Sep 11 11:43:19 EDT 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 47 QUESTIONS ABOUT THIS PUBLICATION? For questions about the Editorial Content appearing in these volumes or reprint permission, please call: Heidi A. -
United Nations Reform and Supporting the Rule of Law in Post-Conflict Societies
United Nations Reform and Supporting the Rule of Law in Post-Conflict Societies David Tolbert* with Andrew Solomon** I. INTRODUCTION AND OVERVIEW The reform of the United Nations ("U.N.") is a priority both for the or- ganization itself and for its member states. In recent years, a multitude of reports exploring the future path of the organization and its role in a trou- bled world have been published.' While all of these documents stress the importance of reforming the U.N., questions remain as to how reforms will be implemented and what impact they will have. One area that is repeatedly mentioned both in terms of U.N. reform and the future role of the organization is in building the "rule of law" in devel- oping countries in general and post-conflict societies in particular. This Ar- ticle discusses what is meant by the "rule of law" and which aspects of the rule of law are relevant to the U.N.'s current and future work. This Article also explores how the organization can use its resources and expertise, in coordination with other actors, to help build the rule of law in societies dev- astated by armed conflict. While post-conflict societies differ from each other in significant respects, they all encounter common problems, including addressing crimes committed * Deputy Prosecutor, International Criminal Tribunal for the former Yugoslavia [hereinafter ICTY]. Executive Director, American Bar Association Central European and Eurasian Law Initiative [hereinafter ABA-CEELI], 2000-2003. Deputy Registrar, Chef de Cabinet to the President and Senior Legal Adviser, ICTY, 1996-2000, and Chief, General Legal Division, United Nations Relief and Works Agency, 1993- 1996.