Both lawyers and laypersons have heard of the “law of unintended consequences.” This is when policymakers craft new laws to address one set of problems, only to create a new set of problems with the laws they have just passed. Much has been written in recent years about the unintended consequences of the Affordable Care Act, also known as “Obamacare.” Some argue that this new law will hurt the economy or negatively impact health service
The federal National Transportation Safety Board (“NTSB”) today voted unanimously to recommend a nationwide reduction of the “legal limit” in DUI cases from 0.08 to 0.05. To illustrate what an extreme drop this would be, one is presumed sober under current Virginia law if his blood alcohol content (“BAC”) is below 0.05. Many people can reach a BAC of 0.05 with one to three drinks. Since few can tell when they are 0.05 versus 0.04,
QUESTION: I am charged with the felony “Hit and Run.” The victim went to the hospital, but was told that her temporary back pain was the muscle – no broken bones. Does this count as an “injury” to support the felony charge? ANSWER: In Virginia, for Hit & Run cases, “injury” is defined very broadly. It includes muscle pain caused by the accident. Virginia Code § 46.2-894 is one of the Hit & Run statutes.
On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit invalidated the controversial rule recently promulgated by National Labor Relations Board (the “Board”). The August 30, 2011 “Notice Rule” is formally known as the “Notification of Employee Rights under the National Labor Relations Act.” The Rule would have required all employers subject to its provisions to post notices to employees informing them of their rights under the National Labor Relations
Question: I can only sleep two to four hours a night. A doctor says I can work only eight hours a day as a result of this. My employer says they’ll fire me if I don’t agree to work against doctor’s orders. Can they do this? Answer: One’s failure to sleep well can be a disability, and one who suffers insomnia may be protected from employment termination under the Americans with Disabilities Act (“ADA”). The