Interesting Politico article on some of the legal issues raised in the wake of the Boston Marathon attacks and capture

Interesting Politico article on some of the legal issues raised in the wake of the Boston Marathon attacks and capture

The Politico  has an interesting article that summarizes some of the legal issues raised in the wake of the Boston Marathon attacks and capture. Of particular import is the ability to treat this naturalized U.S. Citizens as an enemy combatant and the scope of the, so called, national security exception to the Miranda requirement. 


Back to School

Eligibility and evaluations for special education services are governed by the Individuals with Disabilities Education Act of 2004, Section 1414 (the full text of 20 U.S.C. Section 1414 related to eligibility and evaluations is below the fold). 

Under IDEA a parent can request an initial evaluation for special education services at any time. In addition a school can recommend and request consent for an initial evaluation at any time. Once a request has been made and a parent has consented to evaluation a district has 60 calendar days to complete the evaluation. It is important to note that parental consent to an evaluation is not consent for services. 

If your child has previously been evaluated, you are entitled to demand a reevaluation once a year.

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Central Falls Bankruptcy

Despite our usual focus on happenings in and about the Rhode Island Supreme Court, there can be no dispute that the hottest topic facing the Rhode Island legal system at the moment is the City of Central Falls Bankruptcy protection filing under Chapter 9 of the United States Bankruptcy Code. According to a posting on the United States Bankruptcy Court for the District of Rhode Island’s web site:

“The City of Central Falls, Rhode Island filed a Chapter 9 bankruptcy petition at 9:03 AM, August 1, 2011. The case is assigned bankruptcy number 11-13105. Chief Judge Sandra Lynch of the First Circuit Court of Appeals has designated Bankruptcy Judge Frank Bailey, of the District of Massachusetts, to preside over the case.”

For those readers interested in viewing the actual petition, the Bankruptcy Court has made it available for the public here.

Local news outlets, including the Providence Journal and GoLocalProv have provided excellent coverage on various aspects of the filing as they relate to the political and financial impact on the city and the state. As the case progresses, we too will provide periodic updates and explanations focused on the evolving law of municipal bankruptcy and Chapter 9 under the United States Bankruptcy Code.


This Week at the Rhode Island Supreme Court July 18-22, 2011

The Rhode Island Supreme Court is adjourned for the term. The new term will begin in September. If there are any emergency actions or appeals we will be sure to keep you informed.

OSPRI Fellow Sean Parnell on the truth about “clean elections” in our Connecticut neighbor

This week at the Rhode Island Supreme Court

This week the Rhode Island Supreme Court will convein on Tuesday, November 9, to hear full argument in 2009-224-A THOMAS CULLEN V. ROBERT TARINI and 2009-311-A JOHN J. RYAN V. CITY OF PROVIDENCE ET AL.  Additionaly, the Court will consider show cause arguments in three cases: 2009-285-A LISA SILVA V. ROLAND BRULE,

This week at the Rhode Island Supreme Court, September 27 – October 1, 2010.

The Providence Journal reported Saturday that Kara Russo, who sought the GOP nomination for Lt. Governor, but was defeated in the party’s primary, has petitioned the Rhode Island Supreme Court to order the Secretary of State to stop printing primary ballots while the Court takes time to review the Board of Elections’ decision denying Russo’s request to force withdrawn candidate Heidi Rogers to represent the party on the ballot in November. Alternatively Russo seeks to be named to the ballot as the party’s nominee.

On Monday, the Court’s designated Duty Justice is slated to meet with the lawyers and issue an initial ruling on Russo’s request for temporary injuctive relief.

It is possible the full Court will meet to review the Duty Justice’s decision. No other action is expected at this time.