In general terms Export control can be defined as “US laws and their implementing regulations that govern the distribution to foreign nationals and foreign countries of strategically important technology, services and information for reason of foreign policy and national security”. License to export is required from the Department of State or Department of Commerce and additional licenses are served to some discreet exporters to export some of the prohibited items in exceptional scenarios.

Due to the export, control on defense services and articles it directly or indirectly affects a large portion of trade in commercial and military goods throughout the world. Recent Export control system operates under the two main departments that maintain the control over export the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). In addition, both these agencies also involved in administering separate control list the US Munitions List and the Commerce Control List.

Export control is necessary because of national security, proliferation of chemical and biological weapons, nuclear nonproliferation, missile technology, Anti terrorism, crime control, high performance computers regional stability, short supply and due to U N Sanctions. The main concern of the export control is the defense articles and defense services for which exporters need to get the approval from US Government. Because under the section 38 of the Arms and Exports Control Act (AECA) US president is authorized to control the import and export of the defense articles and defense services thereby establishing regulations to this purpose.

Despite of being restricted item exporters can obtain an approval before export or import of defense articles and services. To do this President delegated export control authority to the Office of Defense Trade Controls in the State Department’s Bureau of Political Military Affairs through the Secretary of State required permission, approval and licensing is processed. The interesting thing is State department is not the sole controller of export and import of defense services and articles however, the Treasury Department controls the controls the USML items. On the other hand, Department of Energy holds an export control authority on the export of nuclear propulsion equipments and nuclear weapons. Export control also has a list of countries with which US government maintains an arms embargo and due to the change of list periodically exporters should check the ODTC to verify whether a particular country is has an arms embargo.

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Concussions

The most common type of traumatic brain injury is a concussion. This can happen from playing sports, falling to the ground, a car accident or any time the head strikes a hard object. Concussions vary in severity and may require hospitalization, even if the person states that they are feeling fine. Someone that suffers from a concussion may not feel the symptoms until up to two days after the impact.

Symptoms of a concussion include sudden memory loss, dizziness, headache, nausea, problems talking and more confusion than the person normally experiences. Although many concussions can heal by themselves, they can also be the symptom of a skull fracture, brain lesion, brain contusion or other injury that may not show up until much later.

Other Types

Many other types of traumatic brain injures do not leave a visible mark on a person’s head unless a person was hit in the face where skin discoloration and swelling is more easily visible. Brain contusions, for example, can cause swelling of the brain, or bleeding inside of the brain, but usually do not show any external signs on the head.

Symptoms of traumatic brain injuries other than concussions often resemble a stroke. The patient may have problems moving one side of the body, have problems talking or seeing out of one or both eyes, problems hearing, fainting and memory loss. This may be accompanied by severe headache, nausea, vomiting and dilation of one or both pupils. If left untreated, these symptoms can become debilitating, such as developing personality changes or seizures.

Diagnosing Brain Injuries

When in the hospital, a patient is often examined for the worst possible thing first. If a patient is still conscious, standing and not showing any signs of stroke, then the patient is often subjected to x-rays, and MRI or some other diagnostic tool in order to be sure the skull is not fractured or a blood vessel is not swelling up inside of the brain. If a person is complaining of symptoms similar to a stroke, then the patient’s heart may be checked to be sure there it isn’t a stroke. If the heart is beating normally, then the patient will be given x-rays or other imaging scans.

Goldberg & Osborne, a personal injury law firm, has provided this article for informational purposes only, written by an independent author, and has not reviewed or edited this article and is not responsible for its content or accuracy.

Before voters approved the initiative, 88 registered sex offenders on parole were homeless. Today, 2,100 sex offender parolees are considered homeless.

A report by the Sex Offender Supervision and GPS Task Force stated the obvious: “Homeless sex offenders put the public at risk.” This is no soft-on-crime panel. Composed of police chiefs, victims’ advocates, and parole and probation officers, the task force found that homeless parolees were more unstable and therefore more likely to duck supervision and re-offend.

Homelessness makes GPS tracking, another key feature of Jessica’s law, more expensive and more difficult to carry out. Because these homeless parolees sleep at different places each night, parole agents spend hours investigating to ensure they are not in high- risk areas.

The task force wants a return to residency restrictions in place before Jessica’s law: no closer than a half-mile from schools only. The problems with Jessica’s law stem from the shorter distance — 2,000 feet is a little more than a third of a mile — and the inclusion of parks, which effectively render entire cities off limits to some offenders.

Other recommendations include greater coordination between law enforcement agents, better assessment of parolees’ actual risk, lower caseloads for parole agents and centralized GPS monitoring.

But the report sidesteps a key issue. After sex offenders are released from parole, GPS monitoring, which is supposed to last a lifetime, ends for most. Budget-strapped police and sheriff’s departments can’t afford to take on this task.

Jessica’s law needs fixing. The overly restrictive residency rule is just one of its problems.

On Thursday, a law enforcement panel recommended in a report that California voters repeal the residency restrictions for sex offenders because too many are listed as transient, making them more difficult to monitor.

Jessica’s Law, passed by 70 percent of California voters in 2006, prohibits released sex offenders from living within 2,000 feet of a school or park.

But some local law enforcement officials told Action News that Jessica’s Law is doing what it’s supposed to, which is monitoring sex offender parolees with GPS tracking systems.

In Santa Cruz, there are 118 people registered as a sex offender, and of those, 34 are also listed being a transient.

Katrina Rogers, a detective with the Santa Cruz Police Department, said she believes homeless sex offenders are easily tracked, and repealing a portion of Jessica’s Law would prevent police from doing its job.

The author of Jessica’s Law, state Sen. George Runner, also said the law is working. Runner added that the law enforcement panel said the use of GPS devices and increasing penalties for some sex crimes should remain in place.

“The only issue they’ve come to deal with is the issue of the distancing in regard to sex offender matter,” Runner said.

The residency restriction means there are few places the offenders can legally live in many communities. That forces many of them to move frequently, making it difficult for agents to track their whereabouts.

The 17-page report said 2,100 offenders have become transient since voters approved the law. More than a third of paroled offenders are now transient, a 750 percent increase since the law took effect.

“Homeless sex offenders put the public at risk. These offenders are unstable and more difficult to supervise,” the draft says.

Runner said making changes to Jessica’s Law, however, would be a tough sell to voters.

The state Department of Corrections plans to release a report as early as next week that will recommend a reexamination of residency restrictions for sex offenders.

Written by a panel that included law enforcement personnel, forensics experts and victims advocates, the report follows a Los Angeles County Superior Court judge’s ruling that such restrictions are unconstitutional.

California voters overwhelmingly passed Jessica’s Law in 2006; it prohibits sex offenders from living within 2,000 feet of schools and parks. Civil rights attorneys have argued that the law is an impossible fit for densely populated cities, and Los Angeles officials have noted the lack of places that meet its requirements.

Earlier this year, Matthew Cate, secretary of the Department of Corrections, ordered a report on sex offender management from a multiagency task force. The Associated Press reported Thursday that a draft of the report recommends that voters repeal the residency restriction altogether.

A spokeswoman for the Department of Corrections said one of the draft’s nine recommendations does discuss the residency restriction, but did not believe voters were mentioned.

State corrections officials have already stopped enforcing portions of the law in Los Angeles County after Judge Peter Espinoza ruled last week that it forced some sex offenders into homelessness or jail. Sex offenders who become transients are extremely difficult to monitor, authorities say.

On Thursday, a California appeals court placed a stay on a recent ruling by the Los Angeles County Superior Court that declared Jessica’s Law unconstitutional.

On November 1, Judge Peter Espinoza reasoned that the law, which prohibits sex offenders from living within 2,000 feet of any school or park where children gather created a hardship by restricting where they could live, forcing them to choose between homelessness and returning to prison.

According to Senator George Runner, the bill’s author, the vast majority of LA County sex offenders on parole were already in compliance with the law.

The ruling also upset many voters, as the law was passed by 70 percent in 2006. Santa Clarita subsequently enacted an ordinance adding trails, paseos and open space within the city to the 2,000 foot radius.

Proponents of the ruling have noted that the law makes it impossible for offenders to live in densely populated cities, leaving a lack of areas that fit the requirements.

While the ruling triggered the Department of Corrections to suspend the law, it cannot override local ordinances, forcing sex offenders living in Santa Clarita to continue to abide by the 2,000-foot provision.

He’s the same judge who used a cable documentary to keep alive the possibility that filmmaker Roman Polanski, who pleaded guilty to unlawful sex with a minor, may have been a victim of judicial misconduct. And he’s the same judge who ordered the release of a convicted killer after Gov. Arnold Schwarzenegger vetoed his parole four times.

Judge Peter Espinoza last week ruled in favor of a group of sex offenders who claimed that a provision of Jessica’s Law violated their constitutional rights because it created a lack of housing, forcing them to choose between breaking the law and being thrown back in jail or obeying the law and becoming homeless.

The judge’s ruling essentially blocked Los Angeles County’s ability to enforce a provision of the 2006 law that requires sex offenders to remain 2,000 feet away from schools and public parks. The judge noted in his 10-page decision that more than 600 similar lawsuits have been filed against the state of California, meaning Jessica’s Law could be jeopardized throughout the state if his preliminary ruling stands.

In his decision, Espinoza said that if sex offenders are unable to find housing, then the residential provision of the state’s Jessica’s Law is unconstitutional.

The ruling was blasted by county officials, including Los Angeles County Supervisor Michael Antonovich, who called it “a stupid decision by a judge who’s circumventing the vote of the people.”

The California Department of Corrections and Rehabilitation plans to appeal the ruling, said the agency’s deputy press secretary, Terry Thorton. In the meantime, she said, a memo has been issued directing parole agents to abide by the ruling.

But there are other laws predating Jessica’s Law that prohibit high-risk sex offenders from residing within a half-mile of a school, “so we can still impose that law,” Thorton said. “Parole agents can still impose residency restrictions if supported by a parolee’s criminal history.”

Former LA District Attorney Robert Philibosian called Espinoza’s ruling unconstitutional.

“He is just wrong,” he said. “This is a policing problem, not a constitutional problem.”

But Laurie Levenson, David W. Burcham Chair of Ethical Advocacy at Loyola Law School and a former LA County prosecutor, suggested that the ruling was valid.

“I don’t know that he had much choice,” she said. “We are driving these people onto the street, to homelessness, and we can’t keep track of them out there.”

Levenson described Espinoza as someone who isn’t afraid to be the first to step in and make a controversial decision.

“He’s an interesting guy — he’s going to do what he wants to do…. He calls ‘em as he sees ‘em,” she said.

A public affairs officer with Los Angeles Superior Court said Espinoza was unable to comment, citing policy forbidding judges from commenting on active cases.

Espinoza has held high-profile positions in Los Angeles Superior Court since 1994, and some of his rulings have generated considerable controversy.

Last year, overruling four consecutive vetoes by the governor, he granted parole to a man convicted of the grisly 1992 slaying of his 16-year-old classmate.

In the Polanski case, he cited his viewing of an HBO documentary as reason to leave open the possibility of a ruling of judicial misconduct involving the prior judge assigned to the case.

Espinoza’s plans for his own future are similarly controversial.

Numerous officials say the judge has his eye on becoming LA County public defender, even though he is legally unqualified for the job because candidates are required to be practicing attorneys and members of the bar — which, as a judge, Espinoza is not.

He is trying to change the state law requirement in order to be deemed eligible, and the state legislature is looking at the proposal.

“He’s controversial character because of the position he’s in,” Levenson said.

“He’s willing to take the bull by the horns; he’s somewhat fearless in that regard. He’s going to do what he’s going to do.”

What he should do, Supervisor Antonovich says, is go away.

“No person with this type of ruling should be considered for any type of position except retirement,” he said.

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A California appeals court Thursday ordered a temporary stay on a ruling by a Los Angeles County judge that blocked a major provision of Jessica’s Law, which restricts how close sex offenders can live to schools or parks.

Los Angeles County Judge Peter Espinoza’s ruling on Nov. 1 said that the measure was unconstitutional and that it left sex offenders in some areas with the choice of being homeless or going to jail because the law restricts them from living in large swaths of cities such as Los Angeles.

Following the ruling, the state Department of Corrections ordered parole agents to immediately suspend the portion of the law prohibiting sex offenders from living within 2,000 feet of a school, park or play area. Additionally, parole agents were told to use global-positioning systems to track the movement of offenders and to continue enforcing local ordinances governing offenders.

Proposition 83, approved by state voters in 2006 and informally known as Jessica’s Law, imposes strict residency requirements on sex offenders, including rules forbidding them from residing near locations where children gather.

Before the law passed, those residency requirements were imposed only on offenders whose victims were children.

Civil rights attorneys have argued that provisions of the law make it impossible for some registered sex offenders to live in densely populated cities, and Los Angeles officials have noted the lack of places that meet its requirements.

Nearly all of San Francisco, for example, is off-limits to sex offenders because of the number of parks and schools close to housing. In Orange County, where more than a third of the paroled sex offenders are homeless, dozens started living on the streets in an industrial section of Anaheim because it was the only place they could find that complied with Jessica’s Law. After complaints, police broke up the camp in May. But many of the offenders moved to another industrial area.

Earlier this year, the California Supreme Court said that registered sex offenders could challenge residency requirements in the law if it proves impossible to avoid living near parks and schools.

There are about 5,100 registered sex offenders in Los Angeles, and about 1,020 of them are prohibited under Jessica’s Law from living near places where children gather. Throughout Los Angeles County, about 2,000 registered sex offenders are subject to residency restrictions.

– Ruben Vives