Wagner And Winick On The Law

There are more than 43,000 SROs or school-based police officers, and an additional 39,000 security guards, working in our country’s 84,000 public schools: Only 12 states have laws that specify training requirements for school security staff who are assigned or deployed to schools. Few of these staff have any training in education, child and adolescent psychology, cultural sensitivity and understanding, and student disabilities and mental health. Police academies spend 1% or less of their total training hours on juvenile justice issues. Most of the training in these areas are voluntary. Most of the security officers who work in schools come from community-based law enforcement backgrounds, their training, perspectives, and interactions relate more to criminals than to growing and maturing students.Should there be special training required for police officers who are assigned to schools?

Cohosts Stephen Wagner and Mitchel Winick discuss the potential laws and liabilities that may come into play if fully autonomous vehicles become legal for regular operation on public roads. Will strict liability be imposed on manufacturers? Does operator liability remain in place? How will the data collected by a new generation of computerized automobiles be protected and/or accessable in criminal and civil cases?

The final session of the 2017 June session of the US Supreme Court brought a host of new blockbuster decisions and also set the table for a number of cases that will be back before the Court in their next October Term. Join International Crossroads guest host, Constitutional Law Professor Michael Cohen and regular guest host Stephen Wagner to learn more about the Court's recent decisions. With the President's international travel schedule underway, Cohen will also provide an update on any new policy announcements delivered at the G20.

Join Cohosts Stephen Wagner and Mitchel Winick to learn about some of the critical differences between the rules that regulate criminal vs. civil trials. As a senior prosecutor, Wagner explains the effect of a new California ethics rule that expands the requirements for criminal prosecutors to dismiss cases that do not meet high standards of proof and affirmatively seek redress if presented evidence of a wrongful conviction. Under the new ethics rule, prosecutors are charged with serving as ministers of justice to see that justice is served. Wagner also explains the different responsibilities and roles that lawyers have in civil vs. criminal cases.

Join hosts Michael Cohen, Mitch Winick, and Stephen Wagner for this month’s International Crossroads segment of On the Law. In the backdrop of the United States withdrawal from the Trans-Pacific partnership and the President’s threatened termination of NAFTA in the Americas, Michael Cohen addresses the latest international trade legacy that the Trump Administration has left from the President’s recent trip to the European Union, and its aftermath, including how the new world order has changed seismically in just the first 200 days of the Trump Presidency, what is left of the U.S. historic trade leadership position, if anything, and what the world trade picture looks like now as well as how it may look in the future.

A US Federal Appeals Court recently struck down a Federal Aviation Administration rule that required owners of drones used for recreation to register their craft. The ruling was a victory for hobbyists and a setback for the FAA that has tried to tighten regulation of the fast-growing army of personal/non-commercial drone operators. Who will protect the commercial airways? Are drones potentially dangerous or is this government overreach? Listen to today's program for an update on the law and a discussion of potential risks and liabilities for drone operators.

The abuse and over-prescription of opioids has received well deserved national attention lately. In this episode of WAW, hosts Stephen Wagner and Mitchel Winick will discuss the impact of widespread abuse of opioid (so-called pain killers) use stemming from both legal and illegal outlets. What laws govern? What are the residual effects?

In 2016, hacked credit card fraud exceeded $4 billion, a record level. Beyond the $4 billion in fraud reported last year year, there will be as much as $10 billion in fraud committed between now and 2020 as the window of opportunity narrows for hackers to cash in on stolen credit card data from magnetic strip cards. What are your rights as a consumer if this happens to you? Are companies liable for your losses? In this week's program, co-hosts Mitchel Winick and Stephen Wagner answer these and other legal questions related to consumer rights and hackers wrongs.

Blockchain is a highly disruptive technology that promises to change the world as we know it. It is best known as the technology behind Bitcoin, but it has many more applications. It can be applied to electronic voting, stock markets, global contracting, patient health records, and digital media such as music and movies. How will International Law address the use (and possible abuse) of this complex global technology? Join International Crossroads host Michael Cohen in a conversation with co-hosts Mitchel Winick and Stephen Wagner about the future of global trade, banking, and finance in a new digital world.

The recent news coverage surrounding President Trump's firing of FBI Director James Comey and the President's release of top secret intelligence information to Russian diplomats have raised questions related to the definition of obstruction of justice and the limits of Presidential legal authority. The co-hosts will discuss the legal definitions, policies, and laws involved in these controversial and complicated legal issues.

The Trump Administration heralded the confirmation of new Agriculture Secretary Sonny Perdue with an Executive Order promoting agriculture and rural America. Combined with Executive Orders impacting farm trade, medical marijuana, and immigrant labor, the new administration has placed agriculture law at the top of the headlines. Join the co-hosts to discuss many of these issues that will be affecting critical food sources and the sustainability of American farming and ranching.

This Year's Law Day is celebrating the upcoming 150th anniversary of the 14th Amendment to the US Constitution. The Fourteenth Amendment is one of the most litigated parts of the Constitution. It is the basis for landmark decisions such as Brown v. Board of Education (1954) regarding racial segregation, Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, and Obergefell v. Hodges (2015) regarding same-sex marriage. In current issues such as immigration law, sanctuary cities, and personal privacy rights, the 14th Amendment provides due process and privacy protections that are being challenged in courts. In fact, the US Supreme Court heard a 14th Amendment case just this past month. Join the co-hosts to review the 14th Amendment as it continues to define and protect many of the fundamental US Constitutional rights.

Will the sudden withdrawal of the United States from its longstanding role in the international trade arena stand to cede a new economic world order, leaving America in the rear view? Join International Crossroads host Michael Cohen in a second conversation with hosts Mitch Winick and Stephen Wagner discussing this question.

Co-hosts Mitchel Winick and Stephen Wagner are joined by Dr. David Awerbuck of the Monterey Peninsula Surgery Center. With heath care policy and health care insurance on the front page of the news and back in front of the US Congress - what are some of the key health care policy issues that will affect us? What is the effect of national health care policy on the standard of care that we receive locally? What role do doctors play in this important discussion? Join the co-hosts and Dr. David Awerbuck for their discussion about where policy and law intersect with medical care and public health.

Neil Gorsuch's confirmation ends the longest Supreme Court vacancy since 1862 during the American Civil War, with the court down a justice for almost 14 months since conservative Justice Antonin Scalia died on Feb. 13, 2016. President Trump issued a statement that said, Judge Gorsuch's confirmation process was one of the most transparent and accessible in history, and his judicial temperament, exceptional intellect, unparalleled integrity and record of independence makes him the perfect choice to serve on the nation's highest court. However, to confirm Gorsuch, Senate Republicans resorted to extraordinary steps to overcome Democratic opposition, including passing new Senate rules that changed the number of votes necessary to confirm a nominee to 51 from 60. Join the hosts to discuss the contentious process that surrounded the recent Supreme Court vacancy and the possible cases and issues that will be coming before the new 9-member Court.

Everyone at some point in their tax-paying lives has been tempted to skip the whole ordeal. What would happen if you didn’t file your taxes this year? Is the IRS really going to come after you? Going to prison for tax fraud, which is how the IRS classifies not-filing, is rare. However, if you owe the government money, you'll eventually have to pay, plus significant interest and fines. If you owe money and don't file, the IRS charges a penalty of up to 25 percent of what you owe, and it can charge an additional 25 percent for failing to pay your bill on time. A 75 percent penalty is reserved for egregiously fraudulent returns! There’s also interest to be paid, currently compounding at 3 percent per year. Listen to this week's program to learn more about the process of filing and paying your taxes and a discussion of (in)famous tax cheats.

Can the federal government withhold funding to Sanctuary jurisdictions, including cities, counties, and states? The 10th Amendment to the US Constitution reserves powers not delegated to the federal government to the states. The Supreme Court has interpreted the 10th Amendment to contain an anti-commandeering requirement where states and local governments cannot be required “to enact or administer a federal regulatory program.” The Supreme Court also has held that under the Spending Clause, conditions Congress places on grants must be “germane” or “related to” the federal interest in the grant program. However, President Trump's Executive Order states that sanctuary cities are “not eligible to receive federal grants. How will the domestic battleground over immigration policies play out? Tune in to hear the hosts discuss both sides of the controversial issue of Sanctuary juristictions.

Join co-hosts Mitchel Winick, Stephen Wagner, and regular guest co-host Michael Cohen for an edition of International Crossroads. The group will discuss the recent release of the Trump administration's 2017 US Trade Policy Agenda. The policy opens by saying, The American people grew frustrated with our prior trade policy not because they have ceased to believe in free trade and open markets, but because they did not all see clear benefits from international trade agreements. Every action we take with respect to trade will be designed to increase our economic growth, promote job creation in the US, promote reciprocity with our trading partners, strengthen our manufacturing base and our ability to defend ourselves, and expand our agricultural and services industry exports. Michael Cohen, an experienced international attorney with clients located across the globe, will discuss the international business community's reaction to these and other Trump administration trade policies.

Are informal office pools and score picking squares legal? Are these activities covered under state and federal gambling laws? How about Internet gambling - is it legal in every state? What if I am gambling and betting on-line through a website that is located in a foreign country . . . is that legal? Don't bet on it! Join this week's program to hear these and other questions answered.

The Foreign Intelligence Surveillance Court was established by Congress in 1978. The Court rules on the applications made by the United States Government for approval of electronic surveillance, physical search, and certain other forms of investigative actions for foreign intelligence purposes. The Court sits in Washington D.C., and is composed of eleven federal district court judges who are designated by the Chief Justice of the United States. Each judge serves for a maximum of seven years and their terms are staggered to ensure continuity on the Court. By statute, the judges must be drawn from at least seven of the United States judicial circuits, and three of the judges must reside within 20 miles of the District of Columbia. Judges typically sit for one week at a time, on a rotating basis.