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DonaldScarinci@yahoo.com

TweetCrime victims are often called upon to identify the perpetrator. In fact, eyewitness testimony is used in approximately eighty thousand cases each year. Law enforcement can use a number of different tools to identify suspects. In many cases, a witness or victim will be asked to identify the suspect from a given lineup of several […]

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TweetWhether its catchy tune distracts the jury or mortifies the lawyer to whom it belongs, a ringing cell phone can quickly distract people in a court proceeding.  As cell phones, text messages and e-mail with notification ring tones become more common in society so have the regulations about their use, especially in the courtroom. In […]

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TweetUnfortunately, what people think should happen and what the law requires are not always the same. The U.S. Court of Appeals for the Seventh Circuit recently made headlines when it ruled that an Indiana statute that bans most registered sex offenders from using social networking websites, like Facebook, was unconstitutional. The controversial law specifically prohibits […]

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TweetRomantic relationships in the workplace can often wreak havoc. However, one law firm’s fraternization program is now the basis for an employment lawsuit. Kimberly A. Elkjer is suing her Texas law firm over its policy of prohibiting male and female employees from being “alone together,” both in and out of the office. Elkjer further claims […]

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TweetWhile everyone agrees that the U.S. Supreme Court dictates the law of the land, many argue that it should stay out of social issues. The issue recently resurfaced during the same-sex marriage debate. Of course, this is not the first time the justices of the Supreme Court have been asked to make fundamental changes to […]

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TweetUnfortunately, wrongful convictions are not isolated events. Since 1989, more than 250 people have been exonerated through DNA testing alone. There is no way of telling how many more innocent may be currently sitting in jail cells across the country. Thanks to growing attention on the problem, funding and resources are now being devoted into […]

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TweetThe relationship between employment agreements and social media continues to break new legal ground. In Oklahoma, a federal court recently considered whether a Facebook post violated a former employee’s non-solicitation agreement. The defendant, Todd Cahill, was a regional manager of Pre-Paid Legal Services. Because the position allowed Cahill to access trade secrets and other confidential […]

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TweetA recent decision by a New York Appellate Court could have a dramatic impact on how prenuptial agreements are enforced. In a rare turn of events, the court threw out the agreement based solely on a subsequent oral promise. The divorce law decision is groundbreaking because courts generally view prenups as etched in stone, even […]

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TweetWorking as a New Jersey municipal judge should give a stand-up comedian a lot of great material. However, the Canons of Judicial Conduct also hold members of the judiciary to a very high ethical standard. As a result, the New Jersey Supreme Court recently considered whether a part-time municipal court judge Vince A. Sicari should […]

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TweetJudges need not be banned from sites like Facebook, but they also can’t friend, tweet, and post like the rest of us. According to a recent formal opinion by the American Bar Association’s Standing Committee on Ethics and Professional Responsibility, judges need to exercise caution when participating in electronic social media (ESM). As articulated by […]

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