Legal Content Review For the Week Ending June 4, 2006

Again the legal content producers for Associated Content have published a wealth of informational articles during the last week. Below you will find several I have selected to summarize and highlight. Please be sure to take a moment and follow the article link to read the article’s full text. Also, please contact me through Associated Content should you read any article that you would like to see addressed here in the future and I will do my best to get to it.

Dental Malpractice Cases: Should You Consult an Attorney? Fighting Tooth and Nail – by – Brian Want.

Want starts his article off in a fashion that sets the mood – No one enjoys a trip to the dentist and then he points out a fact that is all to common among dental patients. When many people think of malpractice claims, they think only of physicians or medical doctors; however, any medical professional, dentists included, have a standard of care they must follow when treating patients and this standard is sometimes breached. Want identifies several specific negligent acts that a dentist can commit that will lead to a malpractice claim, but then explains that dental malpractice does not always result from a negligent act, but can also result from a dentists’ failing to perform some necessary treatment. Want even provides a good overview list of a number of such omissions. While dental malpractice is possible and does occur, Want is careful to point out that to qualify as actual malpractice, there will have to be something more than some short term pain or an extra dentist visit, something more substantial will be required. Want also provides excellent guidance on what to look for when selecting an attorney to assist with a dental malpractice claim. Overall, Want’s article takes on an often obscure area of law and then provides a comprehensive overview that provides the reader good information and guidance on where and how to pursue such a claim.

There have also been a number of DUI related articles published on AC recently in likely response to a recent call for content. As these laws can and do vary from state to state, I wanted to point out several of the articles as they provide excellent resources on this issue for two specific states.

Two of the DUI related articles are, New Jersey DUI Penalties – An Outline of Fees and Surcharges for a DUI Offense – by -Donna Marie Berardi and DUI Penalties in Maryland – The Consequences of Driving Under the Influence – by – Shirlene Alusa-Brown.

In her article related to the DUI penalties of New Jersey, Berardi gives a very handy and direct overview of the penalties for the different levels of DUI charges in the state. In addition to there being fines for different levels, we learn that other penalties are applicable such as resource center surcharge fees, community service, incarceration and vehicle interlocks. This article is a very good example of a streamlined reference resource for anyone that needs to quickly determine specific DUI penalties in the State of New Jersey.

Shirlene Alusa-Brown provides a similar article on the DUI penalties in the State of Maryland. In Brown’s article, she points out the three different level of DUI’s in the State of Maryland and provides a breakdown on what one can expect if charged with this level of the offense. Brown has an excellent style that makes what could otherwise be a very technical subject reader friendly. Brown also provides a number of additional resources for those readers who have additional DUI related questions.

Satellite Television Industry Loses Millions in Profits to Fraud – Pay to Play, or Pay with Prison Days? – by – Rose Hunt.
Few homes today are without cable or satellite television. As Hunt points out in her article, the satellite television industry is growing and expected to take in near 200 billion dollars in 2007; however, with success comes a dark side. People defraud the satellite television providers by renting out the extra boxes they receive earning substantial sums on the rentals. Hunt addresses this in her article in a manner that shows many of the people defrauding the satellite television industry feel the crime they are committing is victimless. However, as Hunt points out, to engage in this conduct violates both state and federal law and can result in huge fines, penalties and potentially even jail time. For anyone who is thinking about, is engaging in or knows someone who is defrauding the satellite television industry, you would do well to read this article so at least you will have an understanding as to what could happen to you if you roll the dice on this issue.

Treating Children like Children: Outlawing the Death Penalty to Preserve Innocence and Uphold the Constitution – Roper V. Simmons and its Effect on Death Penalty for Juveniles – by – Marina Ricci.

Ricci addresses an issue that unfortunately presents itself to present day society all too often. This is the issue of the death penalty when the accused is a minor? In addressing this issue one has to consider both the various laws and statutes enacted by the various state legislatures and also the United States Constitution, particularly the Eighth amendment prohibiting cruel and unusual punishment. Ricci, in deep academic detail, does just this. Her article focuses on the case of a specific Defendant in the criminal justice system in a fashion that is common to law review type publications. The style, as is to be expected, addresses the specific case against other legal precedent in reaching her conclusion. Ricci’s article is well researched and offers very good detail; however, the concern that arises is readability for a large audience. This article is written in the style of a Comment for a law review or other legal publication. In that style, the article is demonstrative of what one would expect to find in such a publication; however, as this style is quite academic, without the benefit of a legal background, the average reader will likely find the article difficult to digest or even complete. Given the nature of this subject and the relevance to current affairs, while Ricci does a good job in her style, perhaps future articles could be written in a fashion that would allow for broader audience approachability.

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