Archive for the ‘General Law’ Category

Can you Legally Spank your Children in Pennsylvania?

Our Commonwealth has long recognized the parental right to use corporal punishment.  This parental right is specifically protected by statute and specifies that the use of force on a minor is justified if that person is either the parent or guardian, or acting at the request of the parent or guardian, and the force used is used for the purpose of safeguarding or promoting the welfare of the minor, including the preventing or punishment of his misconduct.  (more…)

State Sanctioned Theft

Forfeiture and Seizure actions in Pennsylvania are proceedings against individuals whereby the government attempts to take private property based on the notion that the property was in some way connected to criminal activity.  (more…)

Commonwealth Court Scrutinizes NCAA

What a couple of weeks it has been for the National Collegiate Athletic Association.  Still reeling from a Labor Relations Board determination that private college football players are employees of the college and may elect to organize and collectively bargain, on April 9, 2014 Pennsylvania Commonwealth Court resurrected scrutiny of the entire sanctions process used by the NCAA against Penn State University. (more…)

Cannabis Career Institute Seminar

Foreman & Caraciolo is pleased to announce that Joseph Caraciolo, Esquire will be a speaker at the Cannabis Career Institute seminar on March 2, 2014 at the Hilton Airport Hotel in Philadelphia, PA.

The Cannabis Career Institute focuses on providing students with all the information necessary for them to enter the business world of cannabis.  No matter what field of cannabis a student is interested in, the Cannabis Career Institute provides them the information and resources necessary to be successful in this business.

Tickets for this seminar are available here.

Police May Use Body Cameras to Record Interactions With the Public

On February 4, 2014, a new law  was enacted which permits police officers to wear body cameras to record their interactions with the public. (more…)

Privacy and Warrant Requirements in the Digital Age

A recent article described the challenges courts are facing when interpreting whether the constitutional protections of privacy extend to certain technologies. There are several cases in which the U.S. Supreme Court may decide to review that involve whether a cell phone may be searched without a warrant and whether individuals can be compelled to provide passwords to law enforcement.  (more…)

Taxing Bodies May Select Individual Properties They Believe are Under-Assessed and Appeal the Assessment in an Attempt to Increase Local Taxes

Today, the Pennsylvania Commonwealth Court handed down a tax assessment appeal decision affirming the right of the Downingtown Area School District in Chester County to select two parcels used for multi-family rental housing, and appeal the assessment for those parcels in an attempt to increase the tax appraisal and, accordingly, the annual tax paid. (more…)

PFA Court: A System Ripe for Abuse

Do you want your spouse or significant other evicted from your house? Do you want to limit a parent’s custodial rights? Don’t want to wait for a divorce or custody proceeding?  File a Protection From Abuse Petition and it will often be granted the same day.  The PFA statute as written, facilitates a system which is ripe for abuse by individuals who are not actually being abused but who want to “get back at” their former spouses or significant others, or take advantage of weakness in the civil law process. Perhaps if individuals start to fight the PFA system, legislators and the courts will realize that the burden of proof is too low and allows for an abuse of our legal system.  Rather than consent to a PFA, fight it and tell the Court your side of the story. (more…)

Developers Must Abide by Valid Municipal Regulations for Land Development and Subdivision

Recently, the Pennsylvania Commonwealth Court required a developer to abide by Township subdivision requirements in the development of a single family residential community even though compliance with the Township regulations required the development of land not owned by the developer adjoining the developer’s tract. (more…)

The Mayor of a Borough is the Chief Enforcement Officer of the Borough

In a recent decision, January 3, 2013, the Commonwealth Court answered the question of who is the chief of law enforcement officers of a borough.  In the case of Rickey Hoffman, Mayor of the Borough of Macungie, Borough Council and the District Attorney of Lehigh County, three choices for top law enforcement officer of the municipality were given.  It could be the Mayor or the Chief of Police or the District Attorney.  The Court chose the Mayor. (more…)