In Brief Legal Writing Services

The last time someone built a wall…

Posted on February 11, 2017 by alexb2448

This vintage typwriter is our featured image.

He only says, ‘Good fences make good neighbors’.
Spring is the mischief in me, and I wonder
If I could put a notion in his head:
‘Why do they make good neighbors? Isn’t it
Where there are cows?
But here there are no cows.
Before I built a wall I’d ask to know
What I was walling in or walling out,
And to whom I was like to give offence.
Something there is that doesn’t love a wall,
That wants it down.’ — Robert Frost, Mending Wall

Yes, there’s been a lot of talk about walls lately. Specifically, there’s been a lot of talk about President Donald J. Trump’s wall. You know. The one he wants to build along the border with Mexico. Yeah. That wall.

Founder/owner of In Brief Legal Writing Services, Alexandra Bogdanovic. Photo by N. Bogdanovic

According to published reports, it wouldn’t actually be a “wall.” It would be “a series of fences and walls.” Depending on what you choose to believe, it would cost anywhere from $12 billion (the figure given by Trump before he was elected) to more than $21 billion (the figure quoted in a “U.S. Department of Homeland Security internal report”). Then again, it might only cost $15 billion (the figure provided by Republican leaders).

As proposed, Trump’s wall would also:

Take more than three years to build
Cover more than 1,200 miles
Supplement existing border barriers (covering approximately 650 miles)
Extend “almost the length of the entire border”

Here’s what happened the last time someone built a wall…

But everyone is getting ahead of themselves. Before anyone starts building anything, maybe they should stop and take a breath — and more importantly, take a good hard look at what happened the last time someone built a wall.

After all, it didn’t happen all that long ago. In fact, construction on what we came to know as the Berlin Wall began in August 1961. And, according to the blurb on history.com, its official purpose was to “keep Western ‘fascists’ from entering East Germany and undermining the socialist state.” But the fact of the matter was that it was also built to halt a refugee crisis — of sorts.

You see, the West Germans didn’t build it to keep people out of their country. With the Soviet Union’s blessing, the East Germans built it to keep people from leaving theirs. (For some reason, hardcore socialists and Communists didn’t like people fleeing from their warped version of paradise. Maybe 21st century leftists should take note — but that’s another blog topic for another time.)

The fact remains that in the summer of 1961, more than 67,000 people “defected” from East Germany by escaping through Berlin before the East Germans built their wall. By the time they finished building — and reinforcing — it, the wall was 12 feet tall and 4 feet wide. It was topped with an obstacle that was also designed to thwart escape by anyone brave or lucky enough to get that far.

Some who tried to escape after the wall was erected didn’t live to tell the story. But over the years, thousands of people (approximately 5,000 in all) were successful.

As we all know, (or as we should all know) the Berlin Wall — the wall that divided east and west throughout the Cold War — “fell” in 1989.

Now, less than 30 years later, there’s a lot of talk about another wall. Trump’s wall…

“And before I built a wall, I’d ask to know what I was walling in or walling out, and to whom I was like to give offence…”

Just saying.

Travel bans, terrorism, totalitarianism and Trump

Posted on February 4, 2017 by alexb2448

Today I am taking a break from writing about animals and the law to write about… animals and the law. In a manner of speaking, anyway.

Like most of you, I am absolutely gobsmacked by what’s going on in the United States these days. It’s gotten to the point that when I wake up each morning, I find myself hoping that whatever transpired the day before was all some sort of bizarre nightmare and that sanity will be restored within a few hours. So far I’ve been dreadfully disappointed.

To be fair, I felt the same way about a lot of stuff that happened in the last eight years — but there’s no use crying over spilled milk. It’s what’s happening now that matters…

Trump’s travel ban

As most of you know, I am a first-generation American whose father fled his country (which was then a Communist regime) as a political refugee. So you can imagine how I feel about President Trump’s so-called “travel ban.”

Frankly it doesn’t sit well with me. And apparently it doesn’t sit well with a federal judge, either.

According to published reports, “Federal Judge James Robart, a George W. Bush appointee who presides in Seattle, halted the enforcement of Trump’s order Friday night, effective nationwide.”

Robart did so by granting the temporary restraining order (TRO) sought by the attorneys general from Washington state and Minnesota.

In rendering his decision, Robart said the states “have met their burden of demonstrating that they face immediate and irreparable injury as a result of the signing and implementation of the Executive Order. “

He also said the Executive Order “adversely affects residents in areas of education, employment, education and freedom to travel.”

The Trump administration immediately vowed to fight the TRO. So how all of this will actually play out remains to be seen.

Terrorism and totalitarianism

Acting Department of Homeland Security Press Secretary Gillian Christensen told the media that, “(Trump’s order) is intended to protect the homeland and the American people, and the President has no higher duty and responsibility than to do so.”

Maybe so. But an Executive Order banning immigrants and refugees from certain countries from coming to the United States for a specified period isn’t the answer. A travel ban does nothing to address a far greater threat to this country — and that is the threat posed by the terrorist sympathizers and radicalized individuals who are already here.

Furthermore, an Executive Order targeting people from specific countries where a great deal of hatred is directed towards the West in general and the United States in particular only creates more ill will. As if our enemies need another reason to hate us…

Finally, signing such an ill-conceived Executive Order and then firing the acting attorney general who refused to defend it doesn’t seem very presidential to me. In fact, it sounds downright dictatorial. Or maybe even totalitarian…

For those of you who don’t know, a totalitarian is someone who embraces totalitarianism. And for those of you who don’t know what that is, here’s a simple definition:

“Totalitarianism refers to an authoritarian political system or state that regulates and controls nearly every aspect of the public and private sectors. Totalitarian regimes establish complete political, social, and cultural control over their subjects, and are usually headed by a charismatic leader.”

Hmm… Sound familiar? And here I was thinking that I live in a constitutional republic….

The mysterious case of the Long Island wallaby

Posted on February 1, 2017 by alexb2448

How did an animal native to Australia end up in a filthy, freezing, Long Island garage?

That’s the disturbing question that surfaced after authorities responding to an anonymous tip found a wallaby locked in an East Rockaway, N.Y., garage yesterday.

“There is not adequate heat in there, there’s no food or water and there are feces all over,” Gary Rogers of the Nassau County SPCA told the New York City media. “We are in contact with the district attorney’s office about possible charges.”

For one thing, town and county laws make it illegal to keep wallabies in East Rockaway. And then there’s the matter of potential animal cruelty or neglect.

The adult male wallaby found in self-described “exotic animal expert” Larry Wallach’s garage appeared to be starving and weighed roughly 20 pounds or half of what it should if it were healthy, according to published reports.

“Wallabies are typically small to medium-sized mammals, but the largest can reach 6 feet (1.8 meters) from head to tail,” according to a description posted on nationalgeographic.com. “They have powerful hind legs they use to bound along at high speeds and jump great distances. When wallabies are threatened by predators, or when males battle each other, they may also use these legs to deliver powerful kicks.”

They can live for up to nine years in the wild.

The wallaby rescued from the East Rockaway garage is being treated at a local animal hospital and “the SPCA is currently looking at options for a new home for him,” according to media accounts.

More than 100 puppies rescued after wild ride

Posted on January 30, 2017 by alexb2448

If ever there was a heartbreaking and heartwarming story, this is it.

According to published reports, police rescued more than 100 puppies — described as “varying breed types (including many toy and smaller breeds)” — after the truck carrying them crashed in upstate New York.

“The driver, Emily Woodrum of Missouri, was delivering 103 puppies of varying breeds to local pet stores on Tuesday when she lost control of the truck and crashed in the town of Avoca, New York,” NBC News reports.

The speeding vehicle — reportedly bound for “local pet stores” — ended up in a ditch, where it overturned. Luckily, only five puppies were hurt. Of those, only two were hurt badly enough to require extensive treatment.

That’s the good news. Now here’s the sad part.

The Finger Lakes SPCA, which responded to the scene and cared for more than 80 puppies after the Jan. 24 wreck, suspects that they came from a puppy mill. With no proof, however, the animals’ fate is uncertain.

“No health issues that would indicate an animal cruelty concern could be ascertained by veterinary medical professionals who examined the puppies. We are not aware of any other specific laws that would have allowed the transfer of ownership of these puppies to our agency nor were we directed by law enforcement to retain the animals,” the organization said in an update posted on its website.

“While we too abhor puppy mills, we know of no means to legally confiscate animals only because there is a strong likelihood that a puppy came from one.”

With no other recourse, the Finger Lakes SPCA said it returned all but four of the puppies to the transportation company the next day. The company did cover costs stemming from the puppies’ medical care and shelter, the organization said.

As of last Wednesday, the Finger Lakes SPCA said it was pursuing a “formal release of ownership for these animals.”

Courts beginning to view pets as more than property

Posted on January 27, 2017 by alexb2448

When it comes to an animal’s status under U.S. law, there seems to be little, if any room for debate. Legally, an animal is property… and that’s that. Or is it?

According to recent reports, a recent change to Alaskan divorce laws may herald a significant shift in the way courts treat our pets — or more accurately, how they decide who gets custody of the pet(s) when a marriage ends.

Alaskan divorce courts are now the first in the country where courts must consider “the well-being of the animal” while determining custody. The amendment to the state’s divorce laws also permit judges to order joint custody of the pet(s).

Eli, the In Brief Legal Writing Services mascot. — In Brief Legal Writing Services mascot Eli catching up on the latest news. Photo by Alexandra Bogdanovic

“It is significant,” David Favre, a Michigan State University law professor who specializes in animal law, told The Washington Post. “For the first time, a state has specifically said that a companion animal has visibility in a divorce proceeding beyond that of property — that the court may award custody on the basis of what is best for the dog, not the human owners.”

The Animal Legal Defense Fund (ALDF), a staunch advocate of such measures, concurs.

“Even though judges throughout the US can already choose, in their discretion, to consider an animal’s best interests, no other state legislature has required judges to do so when adjudicating property distribution upon the dissolution of a marriage,” the organization said in a recent blog.

And to the lawmaker who sponsored the bill, it’s simply common sense. As long as people think of their pets as family, the courts should treat them accordingly, she says.

“Pets are truly members of our families,” Rep. Liz Vasquez says. We care for them as more than just property. As such, the courts should grant them more consideration. It’s only natural.”

Additional changes to Alaska laws that just took effect “allow companion animals to be included in domestic violence protective orders, and permits a court to order that the abuser pay financial support for a pet in the care of the human victim, if that abuser has a legal obligation to care for the pet.”

For pet owners, this is a matter of life and death

Posted on January 25, 2017January 25, 2017 by alexb2448

As many of you know, Eli, my best friend and the mascot here at In Brief Legal Writing Services, had a couple of health scares last year. In fact, it was roughly a year ago this week that he had surgery to remove a small (and thank goodness relatively benign) growth on his back.

With that being stated, I am happy (and relieved) to report that Eli’s most recent vet visit (for his annual checkup and shots) resulted in a clean bill of health. You see, I love him more than life. And even though he’s 11 and I know he won’t live forever, the thought of him getting really sick scares me to death.

And frankly so does this.

According to a recent CNN report, the U.S. Food and Drug Administration (FDA), has announced that certain skin cancer creams that prevent or fight the disease in people can be lethal for our pets. Specifically, the FDA is warning the public about creams that contain fluorouracil or 5-FU. Common brand names are Carac, Efudex and Fluoroplex.

The FDA issued the warning after learning about five cases in which animals died after swallowing the cream.

“In one case, a playful dog punctured a tube of fluorouracil cream. Within two hours, the animal began vomiting, experienced seizures and died 12 hours later,” CNN reports. “In another case, a dog ingested a tube of the cream. Though the owner rushed the dog to a veterinarian, who immediately began to treat the animal, the dog’s condition worsened and after three days, the owner deemed it necessary to euthanize the pet.”

Because even a small amount can be deadly, experts are advising pet owners to store the cream in a place where their animals can’t get at it, and to discard it properly when it’s no longer needed.

Additional precautions are warranted. Specifically, the FDA recommends “patients safely discard or clean any cloths or applicators used when applying the cream.” The agency stresses that “it’s also important to make sure clothes, carpets, floors and furniture contain no creamy residue. Hands must also be cleaned after using the cream.”

Most importantly, experts urge pet owners who must use cream containing fluorouracil to avoid contact with their pets after they’ve applied the medicine. This is especially crucial for dog owners, whose animals are likely to lick the areas where the cream is typically applied.

“Immediately consult a veterinarian if a pet becomes exposed to the medicine or begins to vomit, have seizures or show other signs of illness,” the FDA warned.

By hurting animals to get drugs, addicts hit a new low

Posted on January 23, 2017 by alexb2448

Just when I thought I’d heard (and seen) it all, this is a new low.

According to published reports, veterinarians in upstate New York are voicing alarm about cases in which pet owners deliberately hurt their animals in order to get painkillers.

“There’s unfortunately always the risk of abuse with any of these medications, and it’s a sad reality we have to be aware of,” veterinarian Lexi Becker told an NBC TV affiliate.

When it comes to Tramadol, Becker definitely has cause for concern. Although it is generally used to treat discomfort in dogs and cats suffering from arthritis, it also appeals to people with certain proclivities. Because it’s cheaper than Oxycodone, some addicts will stop at nothing in order to get their hands on it.

As a result, New York State lawmakers have created strict rules with regards to prescriptions.

“There’s a new regulation that came out in January of this year for New York State that basically restricts how long you can prescribe it initially, so there’s only a seven-day course that you can initially prescribe,” Becker said.
Veterinarians also take certain precautions when prescribing Tramadol, Becker told News 10.

“We are very, very strict about following the rules as to how quickly they can have a refill,” she said. “We will only give certain amounts of refills. We’ll only give how much the patient should be receiving.

Concern about Tramadol abuse are hardly limited to New York, however.

As the New York Post reports, Oregon authorities “seized 100,000 tramadol pills and rescued 17 dogs living in conditions so squalid, there were dead rats in their drinking water” in a raid outside Portland in 2016.

Police also made four arrests in the case. While the suspects “claimed to be breeding AKC-registered puppies,” police believe they were actually “running a thinly disguised opioid distribution ring.”

If so, it may well be the largest operation of its kind involving dogs, The Post reports.

Smaller cases are just as disturbing — if not more so. For example, the suspect in a Kentucky case was arrested and charged with “using a disposable razor to slice open the leg of her 4-year-old retriever on two separate occasions to get her hands on tramadol,” The Post reports.

Chad Bailey, the veterinarian who initially treated the suspect’s dog, said he had a gut feeling something was amiss when the owner quickly requested a refill.

“What’s scary is it took me two times to pick up on what was happening,” Bailey told The Post. “It worries me about the instances we miss.”

Yes, there’s protective custody for pets, too

Posted on January 20, 2017 by alexb2448

In a recent article, Martinsville Bulletin reporter Amie Knowles posed an interesting and important question.

“When pet owners are arrested, what happens to their pets?”

In Martinsville (Virginia), the issue surfaced when police arrested the owner of a dog and six cats on drug charges — and her house got condemned.

“In this particular case, Martinsville building officials condemned Roknich’s house due to ingress/egress and sanitation issues” after authorities executed a search warrant there, the Bulletin reported.

“With the owner taken into custody and the house being condemned, we didn’t feel it was safe to leave the pets there,” Martinsville Police Chief Sean Dunn said.

They ended up at the pound, instead. At least, the dog did. The cats went to the local SPCA.

SPCA of Martinsville-Henry County Executive Director Nichole Harris told the Bulletin that all six cats, which are being housed at the shelter, appear to be doing well.

“The pound’s not really set up to house felines,” Harris said, while the SPCA had available space.

Although they ended up in different places, all of the animals will receive the medical care and attention they need.

According to Dunn, the facilities will provide short-term care for the animals’ food and medical costs could be at the owner’s expense if arrangements are not quickly made. He also encouraged her friends or relatives to inquire about the pets and take them in if possible.

“We provide custody holds until something is facilitated,” Harris told the Bulletin. There’s no limit on how long the SPCA will provide a custody hold for an animal, he added.

“Especially if it’s an investigated case, it might take three or four months depending on court dates and if there’s a continuation,” Harris said. “It’s been four or five months before.”

This story is guaranteed to make you smile

Posted on January 18, 2017January 19, 2017 by alexb2448

If this story doesn’t make you smile, you don’t have a heart. Or you maybe you do have one… and it’s made of stone.

Apparently a little girl, untainted by cynicism, bitterness, skepticism, anger, or any other emotions that typically cloud adult minds, has decided to “share the love” with law enforcement officers across the country.

Black and white photograph of New York Police Department barriers taken by Alexandra Bogdanovic — NYPD barriers. Photo by Alexandra Bogdanovic

As reported by a local NBC TV affiliate in Mobile, Alabama, Rosalyn Baldwin embarked on her mission after “learning about the heroic and sacrificial efforts of many law enforcement officers.” Specifically, Rosalyn, age seven, decided to “offer hugs to all the law enforcement officers that crossed her path.”

So far, her plan to hug law enforcement officers in one major city in every state is off to a good start. In addition to Mobile, she has hugged law enforcement officers in Louisiana and Mississippi.

“Law enforcement officials say they’re thankful she has a heart to spread love to everyone,” Mobile TV station WPMI reports.

During a recent visit to the Mobile County Sheriff’s Office, the deputies got hugs, and “officially hugged by Rosalyn” stickers to mark the occasion. In return, they gave her some souvenirs to remember them by.

As it stands, it’s a lesson none of us should forget. After all, in a world so full of hate, it’s amazing what a little bit of love can do.

So long, Mr. President…

Posted on January 16, 2017 by alexb2448

It’s happening. Whether we like it or not.

On Friday, Donald J. Trump — (alleged) scumbag, misogynist, bully, and world-class suck up to Vladimir Putin — will become President of the United States, and by default, “leader of the free world.”

For a lot of Americans — and a lot of people around the world — it is a sad and scary thought.

I must admit, I’m not a fan. But personally, I have always respected the Office of the President even if I haven’t always respected the man in office. So as soon as he is officially inaugurated, I will try to afford Mr. Trump the courtesy owed to a man in his new position, and I will try to give him the benefit of the doubt.

It is only right. After all, I did the same for the outgoing president — and for the record, I’m not a huge fan of his, either.

But, if nothing else, President Obama (or more accurately, someone from his public relations staff) was nice enough to respond to my letter. In December 2014, I wrote to Mr. Obama in order to “express my profound disappointment” in his “ongoing lack of support and respect for American law enforcement officers.”

Yes, I am quoting from my own letter.

I also said, in pertinent part:

The fact that some officers engage in reprehensible conduct cannot and should not be denied. Those who in any way violate the laws they are sworn to uphold should be held fully accountable, and anger and frustration when that fails to occur is understandable.

Yet what you willingly fail to realize is that those officers are the exception to the rule. The truth is the vast majority of American police officers are decent, honest, dedicated, hard-working men and women.

The truth is that these officers put their lives on the line every single day. Targeted by killers, drug dealers and gangs, they go to work knowing they may not come home. Undermined by agenda-driven politicians and activists, they nevertheless put themselves in harm’s way to ensure that citizens can exercise their right to engage in civil disobedience.

Furthermore, as long as our youth are allowed, if not encouraged, to believe the tragic loss of lives in New York City, Ferguson, and elsewhere is simply about race, that’s all it will ever be about. The divisiveness currently being fomented by professional agitators and activists will prevail. We will never make any meaningful progress; we will never learn to understand and respect each other’s differences; our country will never heal.

Four months later I received a response (form letter) from the White House “signed” by President Obama. Here’s an excerpt:

“Law enforcement officials have incredibly difficult jobs and put their lives at risk to protect us. And they are most effective when people have confidence in the system. That is why my Administration is working to enhance community policing, and also to strengthen trust and accountability between law enforcement officers and the communities they serve.

I am deeply committed to the promise of what our Nation can be, and my Administration will keep pushing for progress through ongoing initiatives, continued engagement with communities and other targeted efforts.”

But sadly, nearly two years later, nothing has changed.

Here’s hoping it will.