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LA Confiscential

27th June 2008

In a move that would delight Middle England were it enacted here, state legislators in California have signed a new Bill into law allowing prosecutors to seize the personal assets of gang members and divert the cash to terrorized communities. Similar initiatives can often be written off as a vote-seeking and reactionary but it's interesting to note from the article that this one enjoys bi-partisan support, backed up by the stark statistic that Los Angeles alone has relevant injunctions against 57 gangs, with a collective membership of between 5 and 10,000.

See the Proceeds of Crime Act 2002 c. 29 for related UK legislation.

Though also in America, Middle England might also tut if the defence lawyer gets his way in an obscenity case commented on in the Wall Street Journal and originally reported in the New York Times. What gives the case a unique twist is not the alleged obscenities in question but the method by which they are being tested for legitimate obscenity: by using Google Trends. As the author of the piece points out, the most significant test case from 1973 asked what “the average person, applying contemporary community standards” would think; Google Trends, one can infer from the defence, can automate this process, rendering it more scientifically valid.

Back on this side of the Atlantic, a somewhat unlikely Spain is flying the flag for animal rights with a resolution in parliament that would extend human rights to apes if passed into law. A number of publications carry the story; the Guardian’s deftly highlights the key arguments – and boasts the most endearing picture.

For a nation of animal lovers, we are rather put to shame by the Spaniards, particularly in light of a piece that asks whether it’s legal to shoot pigeons. Following news that officials at Wimbledon recently sanctioned an avian cull at the tennis championship, People for the Ethical Treatment of Animals (Peta) have reported the organizers to the authorities under the Animal Welfare Act 2006. However, it appears the Metropolitan Police will take no further action, despite another relevant Statute – the Wildlife and Countryside Act 1981 – because various caveats appear to make provision for these actions. But it’s far from clear-cut, as illustrated in the rest of the article and by the numerous comments left by impassioned readers.

In a week that sees widespread coverage of Madonna’s marriage difficulties, we finish with the gloomy predictions of a Birmingham family lawyer. Following news that prenuptial agreements in England and Wales could become legally binding, he’s suggesting that meetings with solicitors before weddings could become the norm. While this is bad news for the romantically minded, it might not even be good news for solicitors, given that divorce court hearings could well be dealt with much more quickly if there’s less to debate.

Justis holds the interesting case of Crossley v Crossley on a so-called “serial divorcee” and a prenuptial agreement.

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