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The hemp industry is not pleased with a recent ruling of the Ninth Circuit Court of Appeals. Industry proponents filed a challenge with the court to the DEA’s final rule listing cannabinoids as a schedule 1 controlled substance. Cannabinoids, or CBD, may sound similar to cannabis, but are actually rather different from the psychoactive ingredient found in marijuana, THC, or tetrahydrocannabinols. Although the medical marijuana industry has long since pushed for CBD extracts to be defined separately, particularly as there is no psychoactive effect and it has proven to be medically beneficial, the federal government still lumps these in with drugs like heroin and LSD....

In Florida, horse riders aged 16 and younger will need to wear a helmet while on horseback on most public roads, trails, and other public property – whether riding recreationally or taking equestrian lessons – under a new law signed today by Governor Charlie Crist. The new Florida equestrian helmet law is part of a renewed focus by U.S. lawmakers, on how to best utilize state laws to prevent the incidence of traumatic brain injury (TBI) that occur from falls during recreational activities like bicycle riding, skiing, and horseback riding....

In the latest legal salvo fired at Kobe Bryant, the AP reports that the Los Angeles Lakers star’s former housekeeper is suing both Kobe and his wife Vanessa. According to court papers, Maria Jimenez began working for the Bryants at their Orange County home in September of 2007 and left in March of 2008 claiming that: The breaking point apparently came after Vanessa Bryant “screamed at Jimenez for putting an expensive blouse in the Bryants’ clothes washer” and then “demanded that Maria put her hand in a bag of dog feces to retrieve the price tag for the blouse....

In a 42 U.S.C. section 1983 action claiming that defendant prison personnel interfered with plaintiff’s childbirth, denial of summary judgment to defendants is affirmed in part where a reasonable fact-finder could determine that there was substantial evidence of one officer’s general awareness of the risk of harm from shackling a woman in labor. However, the district court’s order is reversed in part where there was no evidence of deliberate indifference to plaintiff’s health on the part of the prison director....

In a decision Monday, the Third Circuit denied a suit against the SEC by Ponzi scheme victims of Bernie Madoff to recover losses due to his notorious fraud. The suit against the Securities and Exchange Commission (SEC) claimed that the Commission was negligent in not uncovering and terminating Madoff’s infamous Ponzi scheme before the appellants suffered financial injuries. The Third Circuit echoed many courts on this issue; you can’t sue the SEC for using its discretion in how it deals with fraud cases....

Faculty in the University of Arkansas system don’t have standing to challenge new tenure policies until someone actually loses their job - according to recent decisions in the 8th Circuit. Professors from three University of Arkansas campuses - UA Little Rock, UA Monticello, and the University of Arkansas for Medical Sciences - claim that changes made last year to the university system’s promotion, review, and tenure policies “limit academic freedom.” Among other things, the new policy expanded the university’s authority to terminate a faculty member’s employment....

In a drug possession prosecution, denial of petitioner’s habeas petition is affirmed where petitioner never raised a claim for unconstitutional denial of his right to self-representation – i.e. to proceed without a lawyer – on direct appeal in the state courts, nor in his state habeas petition, nor in his district court habeas petition. Read Robinson v. Kramer, No. 07-55611 Appellate Information Argued June 23, 2009 Filed December 9, 2009...

A lawyer takes over a case a few days before his client is set to be the star witness in her aunt’s murder trial. He doesn’t consult the prior attorney. He almost certainly doesn’t read the case file in full. And he agrees to take the case on the unethical condition that he obtains the media rights to his client’s story. According to Justice Ginsburg’s separate concurrence, he even guaranteed that he could win at trial....

Comcast. Dukes. Concepcion. Heck, Citizens United. The big-name pro-business rulings have come aplenty in this present incarnation of the Supreme Court. Is this a case of big names triggering the availability heuristic – the principle that noteworthy events figure more prominently in our minds? (Planes are safer than automobiles, even though a plane crash makes the news.) We Missourians live by one credo: show me, don’t tell me. A study published by the Minnesota Law Review, and conducted by Lee Epstein, William M....

The Ninth Circuit has reversed a district court ruling granting summary judgment to Sears in a California disability law dispute. The district court had ruled that employee presented no triable claims because the evidence he offered was all self-serving. Of course it was, the Ninth ruled when reversing. Self-serving evidence, consisting here of uncorroborated recollections, may not be of much weight to a trier of fact, but it cannot be rejected outright at the summary judgment stage....

The Seventh Circuit Court of Appeals enjoined enforcement of the Illinois eavesdropping law on Tuesday. In a 2-1 decision, the court ruled that the law, which prohibits people from making audio recordings of police officers in public, “likely violates” the First Amendment, reports the Chicago Tribune. The American Civil Liberties Union of Illinois (ACLU) filed a pre-enforcement action to challenge the statute. The organization was concerned that videographers participating in its Chicago-area “police accountability program,” which includes a plan to openly make audiovisual recordings of police officers performing their duties in public places and speaking at a volume audible to bystanders, would be prosecuted under the eavesdropping law....

Forming A Business Structure for Rental Properties Benefits of Incorporating: Personal Liability Benefits of Incorporating: Tax Purposes Property Management: Whether Incorporation Is Worth It Construction and repair costs Maintenance costs Employee management Potentially greater liability concerns What Does Incorporation Involve? Related Resources: Find a Business and Commercial Lawyer (FindLaw’s Lawyer Directory) Find Business Formation Forms (FindLaw Legal Forms) Incorporation and Legal Structures (FindLaw’s Learn About the Law) You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help Civil Rights Block on Trump’s Asylum Ban Upheld by Supreme Court...

“Hey Alexa, write this blog for me.” “I Only Listen When You’re Talking to Me” Generally, virtual assistants like Alexa, Siri, and Google Assistant only record audio when someone uses the wake command (ex. “Hey, Google”). Apple’s Siri has even been programmed to give a jokey response if you ask whether the device is always listening, claiming she only listens when you’re talking to her. Anonymity Not Guaranteed However, that doesn’t necessarily mean these recordings are anonymous....

A man stopped for speeding and arrested for possessing a kilo of heroin did not have his Fourth Amendment rights violated when police detained him so that a dog could sniff his car, the Sixth Circuit ruled on Tuesday. Sniffing out a car isn’t a search under the Fourth, the court held, and does not implicate a citizen’s reasonable expectation of privacy. The case, United States v. Winters, challenged the further detention of Patrick Winters after he was pulled over and issued a speeding ticket and the use of the dog to sniff his car without a warrant....

A conservative movement to restrict objectionable curricula and educational materials began about a year ago, when groups began targeting “critical race theory.” They then expanded their aim to objectionable books in school libraries. In both areas, Republican lawmakers joined the crusade by passing laws giving parents greater power over what goes on in local schools. Now activists have a new target: classroom discussions about sexual orientation. And with the Florida Senate’s recent passage of a bill that would restrict those discussions in the state’s public schools, the combat is certain to intensify elsewhere....

District court’s imposition of 90-months’ imprisonment on a defendant convicted of illegally re-entering the US with two prior convictions for aggravated felonies is affirmed as the district court implicitly considered and rejected defendant’s argument for a reduced sentence and properly considered the sentencing factors in 18 U.S.C. section 3553(a). Read US v. Carrillo-Esparza, No. 08-3863 Appellate Information Appeal from the United States District Court for the Northern District of Illinois, Eastern Division...

Sentence for weapons possession in prison is vacated and remanded where: 1) the district court’s characterization of defendant’s offense as a crime of violence and calculation of defendant’s sentencing range was based on Kenney, which no longer remains good law in light of the Supreme Court’s recent decision in Begay v. US; and 2) possession of a weapon in prison should not be considered a crime of violence under the Career Offender Guidelines post-Begay....

Alaina Hampton, a political consultant who sued her own party for sexual harassment, is ready to settle. She originally sued for $350,000 and attorney’s fees, but her attorney says they are discussing settlement. That may include attorneys for Illinois House Speaker Mike Madigan, the Democratic party chief in the state. It just so happens there’s an opening in the organization, and Hampton wants it. Suddenly, #MeToo has a new meaning in the Land of Lincoln....

In a stunning ruling, the U.S. Supreme Court has rejected the Trump Administration’s attempt to end the Deferred Action for Childhood Arrivals (DACA) program. The 5-4 ruling throws a lifeline to the approximately 650,000 undocumented immigrants — known as “Dreamers” — who were brought to the United States as children, many of whom could face deportation if DACA ends. While today’s ruling will give many people cause for celebration, it does not permanently stop the Trump administration from dismantling DACA....

Deciding when to hire outside counsel is more art than science. Sure, there are rules about when you need outside help, like you need certain expertise, you have a conflict of interest, or you just can’t handle all the work. But in every case, it comes down to the right fit. It’s like getting a good suit (not a lawsuit.) Here’s how general counsel can get a nice one. Stand Out Counsel Dennis Garcia, as associate general counsel for Microsoft, has seen a lot of outside counsel....