Archive for October, 2008

The conviction of professor emeritus J. Reece Roth of the University of Tennessee last Wednesday, September 3, has widespread ramifications on the current state of export law interpretation. Folks on both sides of the argument on whether Roth intentionally used foreign national graduate students for anti-government purposes have failed to recognize whether the information he was working with falls under export laws to begin with. 

According to knoxnews.com, although the information being examined by the Chinese national Xin Dai was to be used on a project involving Air Force drones.  Evidently, due to the fact that the project involved defense munitions systems, it fell under export control laws.   

Professor Roth, however, continued to maintain his lack of intent to circumvent these laws.  According to his interpretation, their work had to do with information, not munitions equipment or devices.  However, the fact that he at first kept student Xin Dai out of the loop and working solely in the lab at first, only to bring him into the fold later led prosecutors to speculate that he knew he was committing an illegal act. 

In addition to Xin Dai being on board with the project, Roth was evidently about to bring an Iranian national on board with the project as well.  This red flag is what led University of Tennessee officials to notify the Air Force of Roth’s activities.   

Facing sentencing in January, Roth faces multiple sentences which will more than likely land him in jail for a minimal amount of time.  The US Attorney General’s office hopes that this case will help to deter others in academia from being careless or lackluster with sensitive information, whether it falls under export law or not. 

Although there are many unanswered questions regarding the Roth trial, one thing is for sure: There is a gray area in export law that needs some light shone upon it.  Otherwise, the ramifications could be huge, both in the number of people prosecuted for unwittingly breaking the law, as well as creating a reluctance to work on projects of a sensitive nature by people who may not be well-versed in export law.

The conviction of sexual crimes has come to rely heavily on forensic evidence and DNA testing. By matching the DNA found at the scene of the crime to the accused, prosecutors strengthen their case even as the defense tries to circumvent its way around this evidence. While most of us have heard of forensic evidence like blood, semen and other bodily fluids, and body parts like hair, skin and nails, there’s a new kind emerging on the horizon of forensic science. Forensic linguistic research as it’s being called, is capable of identifying offenders by the way they type out text messages and communicate using instant messengers and email.

 

Dr Tim Grant, the Deputy Director of the Center for Forensic Linguistics at Aston University in Birmingham in the United Kingdom is the pioneer in this discipline which he claims can be used to identify perpetrators of sexual crimes by examining the language they use and their texting styles in sexually-explicit conversations and other incriminating material, especially those that have been proven to lead to sex crimes or end in child pornography. The technique can also help predict the age and gender of the writer with a certain degree of success, according to Dr Grant.

 

The academic showcased his findings on language analysis at the recently concluded BA Festival of Science organized by the British Association for the Advancement of Science at Liverpool, in “The BA Joseph Lister Award Lecture – Txt crimes, sex crimes and murder: the science of forensic linguistics”. While the majority of law-abiding citizens will welcome this innovative means of identification, there are others who will raise a hue and cry on the invasion of privacy that this technique relies upon. With the government needing to keep tabs on all personal communication, be it text messages, emails or instant messages, for this kind of forensic analysis to work, there’s going to be an uproar from privacy advocates.

 

But on the other hand, looking at the positive side of things, this should serve as a deterrent to those who are emboldened to commit sexual and other crimes hiding behind the cloak of anonymity that the Internet offers. These criminals are usually adept at hiding and erasing their electronic footprints, but when it comes to the way they talk and type, well, they don’t have a clue that experts are waiting in the wings to establish an identity using these aspects. Even if they try to hide behind an assumed and artificial way of communicating, they’re bound to slip up sooner or later, and that’s when they’re going to fall into the long arms of the law.

Dr Grant is enlisting the public in his attempts to create a database of text messaging profiles; with more than 7000 kinds of texting styles forming a part of his research, he is asking people to submit text samples to the

Forensic Linguistics site. The methods that Dr Grant uses are more objective than subjective; they rely on quantifiable rigorous methodology and empirical techniques rather than being based on unquantifiable instinctive expert opinion.

As with other technology that seek to pin the blame on the accused like penile plethysmography, this technique too will be surrounded in controversy with both pundits and laymen questioning its authenticity and validity now and in the years to come.

With the current state of the economy and the home mortgage crisis, repaying personal debts and obligations has become difficult for many people.  If you fall into this category, know that you are not alone.  Many creditors use debt collection agencies to try and regain money lost from debtors that have fallen behind with their payments, and some of these collection agencies are very aggressive indeed.  Debt collector harassment is illegal, and what follows is a list of some signs that you may be a victim of harassment. 

  1. The collector is verbally abusive.  It is not up to the debt collector to judge you or accuse you of anything.  They are being paid a commission to collect money from you and are therefore very aggressive.  Any sort of yelling, demeaning, or abusive language is not only unacceptable, but illegal.

 

 

  1. The collector makes threats.  Debt collectors have been known to use a variety of coercive tactics to reclaim money, including threatening debtors with arrest.  Know that you cannot be arrested for non-payment of personal debts. 

 

 

  1. The collector won’t stop calling you.  Whether at home or at work, if a debt collector continues to call you after you have asked them to stop, it is harassment.  Once you have asked them to stop and they continue to contact you, they have crossed the line.

 

 

  1. The collector calls others regarding your debt.  Collectors may only contact others to find out your address, phone number, and place of employment.  If you have an attorney, they should contact them only.  If a collector gives out any information about you or your debt, they have broken the law.

 

 

  1. The collector uses misleading tactics.  Misleading tactics, such as pretending to be an attorney or anyone else besides a representative of a debt collection agency is illegal.  Collectors cannot misrepresent themselves legally.  If they have been asked to cease and desist, they must oblige.

 

 

These are just a few examples of what can be construed as harassment.  If you believe you are a victim of debt collector harassment, follow these steps: 

  • Stay calm.
  • Make arrangements, if possible.
  • If you are unable to make arrangements, ask them politely to stop calling you.
  • Write a letter asking the collection agency to refrain from contacting you.
  • Consult a bankruptcy attorney.

 

 

The blogosphere is an ever-growing avenue for communication between people of all kinds, and law is no exception.  There are so many to choose from—as we all know, specialties abound; the focus of many blogs is to keep you informed on a variety of law-related topics.  Here is a list of a few of the most popular law blogs out there right now. 

Wall Street Journal Law Blog:  Sty up-to-date with a wide variety of law-related issues with this blog.  The offer multiple posts on a daily basis to keep you informed about the latest in what’s going on around the country. 

Settle It Now Law Blog:  This blogger has much experience in arbitration, mediation, and negotiation.  Browse through her outstanding credentials and view her posts on what it takes to be an amazing negotiator.  She has been blogging since February of 2006, so there is a wealth of information available to those who are interested in this particular field. 

Barely Legal: The Blog At one point in time, this was the most popular law student blog on the web.  Check out their amazing compilation of resources for law students.  Find posts on study skills, writing tips, and strategies for passing the bar exam.  Many excellent links are available as well. 

Law Magazine Weblog:  The writers at Law Magazine Weblog cover many issues with their blog.  Articles written for practicing attorneys, as well as students of law, are available and will help to keep you current on what’s going on in the world of law. 

Sentencing Law and Policy:  Stay current with the latest news and opinions regarding sentencing law and policy.  This law professor blogs about specific Supreme Court cases and rulings, as well as state sentencing cases that are setting the stage for future precedents in the interpretation of the law in regard to sentencing issues.

 

 

 

October 2nd, 2008Hello world!

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