ARTICLES

6/9/2017· Police Practices & Procedures

Responses to Psycho-Medical Emergencies

By: Dr. Ron Martinelli

On a hot July day, fire and police are called to the home of a 55 year old man suffering from heat stroke. Police arrive first and find the man sitting on a bench in his front yard. When the officers approach the man and ask him to give them his cane, he becomes agitated and non-compliant. One officer suddenly grabs the cane away from the man, who screams and suddenly stands up. The man is tased, taken to the ground, beaten and handcuffed. He is transported to the hospital where ER physicians confirm a diagnosis of heat stroke. The man has no criminal history. He sustains numerous moderate injuries which keep him from returning to work for several weeks. The officers and agency are sued and settle out of court.

6/6/2017· Real Estate

Tenancy-In-Common: An Old Dog Learns New Tricks

By: Lawrence Jacobson

The tenancy-in-common (TIC) has survived into modern times as a method of concurrent ownership of real property. In a TIC, each owner is referred to as a tenant-in-common, and each owns a fractional interest of real property under a separate distinct title.1 TIC's are common where the co-owners are not married or have contributed different amounts to the acquisition of a property.2 Insofar as each tenant-in-common owns an undivided interest in the entire property, each is entitled to an undivided interest in the revenues from the property, subject to the rights of the other co-tenants.

5/23/2017· Transportation

Autonomous and Inevitable, Part 4: Invasion By Mode - Large Vehicles

By: Ned Einstein

As Part 2 of this series hopefully demonstrated there is much to learn about what lies ahead in the motorcoach world from the experiences of modes deploying smaller vehicles. This installment provides a preview of the likely emergence of "highly-automated vehicles," or HAVs, in the world of large vehicles: School bus, transit and motorcoach service.

5/16/2017· Education & Schools

Supreme Court Opinion Regarding Autism Spectrum Disorder and Student Progress

By: Dr. Steven Imber

On March 22 the U.S. Supreme Court issued an 8-0 opinion in the case Endrew F. v. Douglas County School District, ruling in favor of the parents of a student with autism spectrum disorder who had charged that the district did not meet the requirements of the Individuals with Disabilities Education Act (IDEA. The parents argued that their child did not receive a free, appropriate public education (FAPE) that was mandated by Congress.

5/10/2017· Professional Malpractice

On Wearing Two Hats

By: Lawrence Jacobson

A lawyer who is also an expert witness should be mindful that although he or she may not always be wearing his or her "lawyer hat," it is never far away. Although the California Rules of Professional Conduct do not place specific restrictions on practitioners who act as both lawyers and expert witnesses, the rules governing lawyers' conduct generally place constraints on lawyers' activities in other businesses and professions. See California State Bar Ethics Opinion No. 1995-14. Of particular importance are the rules relating to advertising, lawyer-client confidences, competence, fee arbitration, and conflicts of interest.

5/10/2017· Sexual Abuse - Molestation - Harassment

Utilizing an Expert to Assess the Reliability and Credibility of Child Sexual Abuse Victim's Statements in Criminal, Civil, and Family Court Cases

By: Dr. Jane K. McNaught

In forensic interviews, where there are allegations of child sexual abuse, it is imperative that interviewers incorporate the current Professional Standards of Care in order to obtain forensically sound information from the alleged child victim. Interviews that produce unreliable information present significant risk to both the alleged victim as well as perpetrator. Those falsely accused suffer irreparable damage; the risks are equally significant if a perpetrator is allowed to continue to offend, simply because the interviewer used techniques that undermined the forensic reliability and credibility of the child's statements.

5/1/2017· Plants & Trees

The Correct Way to Plant a Tree

By: Christian Plunkett

Whether the companies planting these trees are planting them incorrectly out of ignorance or in pursuit of maximizing profits; get in, get out, get to the next job, I do not know. In either case, it behooves a homeowner or property manager to do their due diligence and educate themselves on proper tree planting technique so that they will recognize when they are receiving a quality service and when they are throwing their money down the drain.

4/28/2017· Insurance

Working With Expert Witnesses: Tips That Are Not In The Civil Rules

By: Frederick Fisher, JD, CCP, and Louie Castoria, Esq

Insurance defense attorneys inhabit a confusing world in which even the "routine case" may need an expert witness for trial or a consultant to help with an early evaluation for settlement purposes. The legal precedents, regulations, and such don't often say what the profession's standard of care in the community is in the exact situation.

4/18/2017· Documentation Examination & Analysis

Birth Certificate Altered to Smuggle Child Into the United States

By: Mike Wakshull

When she was a girl, the young woman had emigrated with her family to the United States from her home country in Africa. She grew up in the northeastern USA and was now attending college. As part of her application for United States citizenship she must present her birth certificate. Her father sent the birth certificate to her. The birth certificate had apparent alterations. Government officials refused to accept the birth as valid because her appearance did not match the age on the birth certificate. She was born in 1994 yet birth certificate appears to state her year of birth as 1984.

3/28/2017· Transportation

Autonomous and Inevitable, Part 3: Extraordinary Developments and Tough Choices

By: Ned Einstein

In a monthly magazine, it is almost impossible to keep up changes that are racing along This past September, 2015, small fleets of Volvos and Ford Fusions were released into the general traffic stream in Pittsburgh, and driverless Anheuser-Busch trucks began delivering Budweiser and Bud Light. The Netherlands and Finland have been deploying driverless motorcoaches for months now. And we already have a few similar services operating in the U.S.