In California’s Rancho Corral de Tierra (part of the Golden Gate National Recreation Area), a National Park Service Ranger reportedly shot Gary Hesterberg in the back with a taser after he walked away during a confrontation over walking his two lapdogs off leash. He was then arrested on suspicion of failing to obey a lawful order, having dogs off-leash and knowingly providing false information. The park service spokesperson reportedly said it is all part of teaching citizens about the new leash law in the area . . . or teaching Hesterberg to heel.
Archive for January, 2012
Teaching Citizens to Heel: Park Ranger Reportedly Tasers Man Walking Small Dogs Off Leash
Published 1, January 31, 2012 Bizarre , Criminal law , Society 200 CommentsMexican Official Detained With Almost $2 Million In Suitcase and Backpack . . . Treasury Secretary Assures Public It Is Perfectly Legal
Published 1, January 31, 2012 Bizarre , Criminal law , Politics , Society 8 Comments
This week, Miguel Morales Robles, a Mexican state official from Veracruz, was detained at an airport with $1.9 million stuffed into a briefcase and a backpack. However, Tomas Ruiz, treasury secretary for Veracruz state, assured the public that it was all perfectly innocent and legal — the official was just taking cash to Mexico City to pay an advertising firm to promote festivals.
Study: Over 23% of All Goods Created Since 1AD Were Made Between 2001 and 2010
Published 1, January 31, 2012 Academics , Bizarre , Torts 12 Comments
The Economist just published an amazing chart of “Two Thousand Years In One Chart.” However, the most interesting claim is this: “[o]ver 23% of all the goods and services made since 1AD were produced from 2001 to 2010.” That is from the first product (the fig leaf outfits of Adam and Eve to last year’s Britney Spears CD).
Continue reading ‘Study: Over 23% of All Goods Created Since 1AD Were Made Between 2001 and 2010′
Kansas To Get Your Little Dog Too: Legislator Moves To Make Toto Breed The State Breed
Published 1, January 31, 2012 Animals , Bizarre , Politics , Society 11 Comments
Kansas State Rep. Ed Trimmer is moving to correct a serious lapse in the state arrays of official insects, songs, and animals. He has a bill to proclaim the Cairn Terrier — the breed of Toto in “The Wizard of Oz” — the state dog.
South Africa Recalls Over One Million Defective Condoms Distributed As Part Of ANC Celebrations
Published 1, January 31, 2012 International , Politics , Society , Torts 6 Comments
The South African government has long been accused of mixed efforts in combating AIDS despite the country having one of the highest HIV infection rates in the world. Now the government is accused of handing out more than a million free condoms at the African National Congress centenary celebrations that are defective and leak.
Massachusetts Lawyer Gets 18 Month Suspended Sentence For Stealing Court File
Published 1, January 31, 2012 Criminal law , Lawyering , Society 4 Comments
Ilya Ablavsky, 33, has had his share of problems. As a student at Brandeis University, he was charged with making bomb threats after losing a primary race for mayor of Waltham. He also claims to suffer from bipolar and post-traumatic stress disorders as well as high anxiety. He can now add a suspended 18 month sentence to his woes after pleading guilty to stealing a court file in a murder case in an attempt to prevent the prosecution of an acquaintance. He had only had his license for a few months and will now likely lose it in a remarkably short legal career.
Continue reading ‘Massachusetts Lawyer Gets 18 Month Suspended Sentence For Stealing Court File’
Afghan Man Allegedly Strangles Wife For Bearing Him A Girl Rather Than A Son
Published 1, January 30, 2012 Bizarre , Criminal law , International , Religion , Society 16 Comments
It appears that Henry VIII is alive and well in Afghanistan . . . but not his wife. In another horrendous attack on a woman in that country, police are seeking Sher Mohammad who they say strangled his wife for giving birth to a girl rather than the boy that he wanted. Putting aside the man’s apparent ignorance of the fact that it was he who determined the gender of the child, it is another example of how women in some of these insular Muslim communities are treated as chattel. The man’s mother, Wali Hazrata, is accused of tying the feet of 22-year-old Stori or Estorai. She has been arrested while her son is believed to be with an illegal militia group.
Continue reading ‘Afghan Man Allegedly Strangles Wife For Bearing Him A Girl Rather Than A Son’
Things That Tick Me Off: The D.C. Chinese New Year Parade
Published 1, January 30, 2012 Bizarre , Things That Tick Me Off 18 Comments
I have a new addition to our series, “Things That Tick Me Off,” encounters and experiences that go beyond the usual level of inconvenience or stupidity in everyday life. This weekend, we took the kids to the D.C. Chinese Lunar New Year parade in Chinatown with another family. It was not just the worst experience we have had in an outing with the kids, we felt fortunate to leave the parade without injury. It was nothing short of unbelievable.
Continue reading ‘Things That Tick Me Off: The D.C. Chinese New Year Parade’
British Couple Ejected From U.S. For Tweeting About Wanting To Dig Up Marilyn Monroe and Destroy America On Vacation
Published 1, January 30, 2012 Bizarre , Criminal law 38 Comments
Ever since Benny Hill Americans have had a difficult time getting British humor. However, British tourists Leigh Van Bryan, 26, and pal Emily Bunting, 24, claim that the Department of Homeland Security not only lacks a sense of humor but does not recognize a joke from the quintessential American comedy show, Family Guy. Upon arriving at Los Angeles, they were interrogated for hours about tweets that they sent and eventually ejected from the country. Before their deportation, they say that they were held in a cell with narcotics traffickers for twelve hours.
“Anything Can Happen”: New York Lawyer At The Center Of Lottery Mystery
Published 1, January 30, 2012 Bizarre , Criminal law , Lawyering 8 Comments
New York attorney Crawford Shaw is in the center of a odd mystery. Just two hours before the passing of a deadline for a jackpot ticket to the state lottery, Shaw contacted the Iowa Lottery to submit the winning ticket on behalf of an unnamed client. The ticket was sold 13 months previously at a Des Moines gas station with a payout of $7.5 million cash or $10.3 million spread over 25 years. However, things then got pretty weird. The Iowa lottery proclaims that “Anything Can Happen” and it appears it has.
Continue reading ‘“Anything Can Happen”: New York Lawyer At The Center Of Lottery Mystery’
United States Falls 27 Points In Ranking Of Press Freedom Behind Comoros and Taiwan
Published 1, January 30, 2012 Constitutional Law , Free Speech , Media , Politics , Society 15 Comments
The respected Reporters Without Borders has issued its annual report and ranking of press freedom. You might have some initial difficulty locating the United States . . . it is 27 points lower on the ranking due to the mistreatment of journalists in this country. You will find us just after Comoros and Taiwan and in the company of Argentina and Romania. In the recent column on “10 Reasons The U.S. Is No Longer The Land Of The Free,” I was not able due to space to include press freedoms and others. This report, however, should be a wake up call for civil libertarians.
For your morning Zen, here is a video in slow motion of a ballon being popped by a pellet.
Show and Tell: Decrypt Your (Potentially Incriminating) Secrets Or Be Held In Contempt
Published 1, January 29, 2012 Constitutional Law , Courts , Criminal law , Justice 57 Comments
Submitted by Gene Howington, Guest Blogger
The 5th Amendment of the U.S. Constitution reads:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
The language is clear. There is no reasonable alternative construction or deconstruction of the language that renders any permutation of the right against self-incrimination to yield a contrary result. You don’t have to offer testimony against yourself in a criminal proceeding in any court of law. Ever. In what seems an ever increasing and endless assault on the civil rights of American citizens, even this right spelled out in plain language is under attack. This time the alleged assailant is U.S. District Court Judge Robert Blackburn, a George W. Bush appointee. Judge Blackburn has ordered a criminal defendant to produce a unencrypted version of an encrypted hard drive. While several lower courts have addressed this issue, the Supreme Court has yet to weigh in on it. That may change.
But is the 5th Amendment really under attack here? The 5th Amendment applies to testimony. The issue at hand here is production of evidence. Different standards and protections can apply to compelling the production of evidence. The case in front of Judge Blackburn is U.S. v. Fricosu.
Eavesdropping on the Police
Published 1, January 29, 2012 Constitutional Law , Courts , Criminal law , Free Speech , Justice , Media , Things That Tick Me Off 28 Comments
Respectfully submitted by Lawrence Rafferty (rafflaw)–Guest Blogger
Here in Illinois it is currently illegal for citizens to audio tape record public officials while they are doing their public duty, even in public. “Illinois’ eavesdropping ban was extended in 1994 to include open and obvious audio recording, even if it takes place on a public street where no expectation of privacy exists and in a volume audible to the “unassisted human ear.” ‘ Chicago Tribune When I first heard of this law, I was at first shocked and then my shock turned to anger. The police can make recordings of citizens out in public while they are in the midst of a traffic stop or even when one is exercising their First Amendment rights on the streets of Chicago. But, private citizens are not allowed to record those same police officers when they abuse the public or take liberties with constitutional guarantees. Continue reading ‘Eavesdropping on the Police’
The Enemy Expatriation Act: Learn How Your Government Could Strip You of Your Citizenship If This Legislation Becomes Law
Published 1, January 29, 2012 Congress , Constitutional Law , Politics 34 Comments
Submitted by Elaine Magliaro, Guest Blogger
In his Washington Post article titled 10 Reasons The United States Is No Longer The Land Of The Free (January 15, 2012), Jonathan Turley addressed the issue of indefinite detention of American citizens. He wrote:
Under the law signed last month, terrorism suspects are to be held by the military; the president also has the authority to indefinitely detain citizens accused of terrorism. While Sen. Carl Levin insisted the bill followed existing law “whatever the law is,” the Senate specifically rejected an amendment that would exempt citizens and the Administration has opposed efforts to challenge such authority in federal court. The Administration continues to claim the right to strip citizens of legal protections based on its sole discretion.
The next day on this blog, Professor Turley said that he had been heartened by the response to his column. He added, “a few commenters continue to suggest that the National Defense Authorization Act (NDAA) does not allow for the indefinite detention of citizens.”
Even people who believe that NDAA does not allow for the indefinite detention of citizens should be concerned about a proposed amendment to the Immigration and Nationality Act that would give our government “the authority to strip a person of their American citizenship if that person is accused or suspected of supporting ‘hostilities’ against the U.S. The amendment, known as the Enemy Expatriation Act (EEA), was introduced, in October, by Rep. Charles Dent, R-Pa., and Sens. Joseph Lieberman, I-Conn., and Scott Brown, R-Mass.
-Submitted by David Drumm (Nal), Guest Blogger
South Carolina Department of Motor Vehicles director Kevin Shwedo testified before a House hearing that more than 950 dead people had voted. Shwedo and his staff used records from the State Election Commission, the state Department of Vital Statistics, and the Social Security Administration to calculate the number of zombie voters. Shwedo forwarded his list of names to state law enforcement.
-Submitted by David Drumm (Nal), Guest Blogger
Grab the headphones/earbuds, we present The Zombies in glorious STEREO!
The Devil’s Fork
Published 1, January 29, 2012 Academics , Constitutional Law , Economics , International , Politics , Society 223 CommentsSubmitted by Mark Esposito, Guest Blogger
With apologies to Archbishop of Canterbury John Morton, I’m offering this version of his famous “fork”:
You’re a young idealist standing for the highest office in the land. Against many odds you’ve offered a candidacy of hope and change to an electorate tired of both war and the prior Administration that got them into those wars. There are rumors of widespread atrocities committed by that Administration in response to a horrific terrorist attack on American soil where thousands of your countrymen died. In your capacity as an US Senator, you’ve been briefed on several of these and you see a pattern developing. You’re a Constitutionalist; a lawyer; and a principled man, but you recognize the nation faces a real threat of nuclear holocaust at the hands of committed, well-funded terrorists supported and protected by renegade states and even some of our allies. These terrorists have a fanatical zeal and value martyrdom above self-preservation. You believe that if they acquire weapons of mass destruction the question will not be if millions of people will die, but which millions of people will die.
Stateside New Hampshire: The GOP War on Women Continues
Published 1, January 29, 2012 Politics , Society 45 Comments
Submitted by Elaine Magliaro, Guest Blogger
In the past year at the Turley Blawg, we’ve cast a spotlight on the GOP’s “war on women”—as well as on the low esteem in which some members of the Republican Party seem to hold women. (Note: At the end of this article, you’ll find links to a number of the previous Turley Blawg posts on the subject.)
In order to keep you updated on this gender war that appears to have no end in sight, I have a story out of New Hampshire that should make women who live there shudder. Members of the Republican Party have proposed legislation that would change the state’s domestic violence laws—which are said to be some of the toughest in this country.
According to the Concord Monitor, “New Hampshire has been a leader in the effort to make domestic violence a cultural taboo.” The Monitor reported that “House Bill 1581 would turn back the clock forty years to an age when a police officer could not make an arrest in a domestic violence case without first getting a warrant unless he or she actually witnessed the crime.” As the NH law now stands, the police can arrest an abuser based on probable cause.
Continue reading ‘Stateside New Hampshire: The GOP War on Women Continues’
Who in Hell is Saul Alinsky?
Published 1, January 28, 2012 Lawyering , Politics , Academics , Justice , Society , Columns , Media , Religion , Free Speech 53 CommentsSubmitted by: Mike Spindell, guest blogger
I’d actually halfway finished a blog on a different subject today, when I was spun in a different direction. Thursday night I had done something I never do and watched the Republican Debate in Florida. It was frighteningly enlightening to say the least, but what stood out for me was Newt commenting that our President was a disciple of Saul Alinsky. I thought then “How many people today know who Saul Alinsky was and what he represented?” On last nights Bill Maher’s show, Bill asked the question “Who was Saul Alinsky?” as part of his New Rules segment. This morning in HuffPost, Frank Mankiewicz addressed a variant of the same question: http://www.huffingtonpost.com/frank-mankiewicz/america-meet-saul-alinsky_b_1238953.html
The idea of following heroes to me has always seemed silly, yet there are people whose lives and work I deeply admire and to some sense try to emulate. My first was Clarence Darrow and it is therefore no coincidence that I am a denizen of this blog. http://en.wikipedia.org/wiki/Clarence_Darrow . Clarence Darrow’s picture is used above because it is in the public realm, while mysteriously Saul Alinsky’s isn’t. Obviously, Saul Alinsky is another person whose life I admire. http://en.wikipedia.org/wiki/Saul_Alinsky Alinsky was a radical in his methods, but one who eschewed the doctrinaire self assurance of an ideologue. When asked if he ever considered joining the Communist Party he famously replied”
“Not at any time. I’ve never joined any organization—not even the ones I’ve organized myself. I prize my own independence too much. And philosophically, I could never accept any rigid dogma or ideology, whether it’s Christianity or Marxism. One of the most important things in life is what Judge Learned Hand described as ‘that ever-gnawing inner doubt as to whether you’re right.’ If you don’t have that, if you think you’ve got an inside track to absolute truth, you become doctrinaire, humorless and intellectually constipated. The greatest crimes in history have been perpetrated by such religious and political and racial fanatics, from the persecutions of the Inquisition on down to Communist purges and Nazi genocide.”
His was a belief that has resonated with me since those radical days in the 60’s, with the Movement, when I was surrounded by and courted by various ideologies, mostly Marxist whose rigidity of thought and party line belief, actually disgusted me. Yet there was Alinsky, the man who literally wrote the book on community organizing, who felt similarly towards ideological rigidity. He was truly an America Patriot, whose guiding idea was to assist downtrodden people to gain power over their lives and give them a chance to decide their fates. Alinsky was a man who achieved great success, if you define success as achieving ones goals. The disdain and demonization again being heaped upon him today comes from the very real threat his methodology has towards the 1% elite and curiously that aim of his was the reinstatement of “The American Dream” of freedom, equality and social justice. Continue reading ‘Who in Hell is Saul Alinsky?’
-Submitted by David Drumm (Nal), Guest Blogger
That was the description of four East Haven, Connecticut, police officers who were arrested after a federal grand jury returned an indictment containing charges of conspiring to violate, and violating, the civil rights of members of the East Haven community. All four have pleaded not guilty in Federal District Court and three have been released on bail, ranging from $100,000 to $300,000; the fourth is awaiting completion of his paperwork.
-Submitted by David Drumm (Nal), Guest Blogger
Click to enlarge. Solution below the fold.
Submitted by Mark Esposito, Guest Blogger
Seventh Circuit Judge Richard Posner is one of America’s most lauded judges and legal thinkers. An economics degree from Yale, president of the Harvard Law Review, and clerk to Justice William Brennan, Posner has the brains and the pedigree to move American jurisprudence. And move it he has. A conservative in reaction to his experience on the Supreme Court he’s drawn the ire of this blog for insensitvity to Constitutional rights of citizens. In addition, he’s one of the main proponents of the “law and economics” movement which advocates the analysis of law using economic principles. As you guessed, he’s no enemy of big corporations and business in general.
Continue reading ‘Judge Posner Spices Up Opinions With Web Photos’
-Submitted by David Drumm (Nal), Guest Blogger
We present for your listening enjoyment, The Four Seasons in glorious STEREO!
English Court Rules That Company Violated Copyright Protections By Selling Its Own Photo Of A London Bus Resembling Someone’s Photo Of A London Bus
Published 1, January 27, 2012 Academics , Bizarre , Free Speech , International , Media , Society 13 Comments
We have often discussed the ever-widening scope of copyright and trademark laws. This trend has prompted lawsuit over using generic images or terms, obvious parodies, or names. Now, an English court has ruled in favor of UK souvenir maker Temple Island Collection Ltd against New English Teas for using a picture of a London bus. Not a picture taken by Temple Island, mind you: Taking its own picture of a London bus that the court deemed as too close to a picture of a London bus taken by Temple Island. The Defendant used photoshop software to alter the image.
A Response To Senator Carl Levin: Part II
Published 1, January 27, 2012 Congress , Constitutional Law , Politics , Religion , Society 113 Comments
After my recent column on “Ten Reasons The U.S. Is No Longer The Land Of The Free,” I ran a response to claims made by Senator Carl Levin (D., Mich.) who was the main sponsor of the legislation including the indefinite detention provisions. Levin has now run a letter to the editor in response to my column that I believe is highly misleading and leaves readers with a false impression of both the law and my column.
Continue reading ‘A Response To Senator Carl Levin: Part II’
Getting Moody: Preacher Accused Of Throwing Neighbor’s Cat Off Bridge
Published 1, January 27, 2012 Animals , Bizarre , Criminal law , Religion 21 Comments
Rick Bartlett, pastor of the Bastrop Christian Church in Texas, has been arrested for allegedly throwing a neighbor’s cat, Moody, off a bridge after caging and abandoning the cat for days in his truck.
Continue reading ‘Getting Moody: Preacher Accused Of Throwing Neighbor’s Cat Off Bridge’
The Cat Did It: Man Arrested After Trying To Frame Cat For Murder
Published 1, January 27, 2012 Bizarre , Criminal law 9 Comments
In East St. Louis, Illinois, Brett Nash, 45, is accused of conspiracy to murder and then frame someone else for the crime. Not unheard of to be sure in the annals of crime, but the murder was going to be pinned on a cat.
Continue reading ‘The Cat Did It: Man Arrested After Trying To Frame Cat For Murder’
Indiana Senate Moves Toward Teaching Of Creationism In Public Schools
Published 1, January 27, 2012 Academics , Constitutional Law , Courts , Politics , Religion , Society , Supreme Court 41 Comments
The Senate Education Committee of the Indiana Senate has overwhelmingly voted to approve a bill allowing for the teaching of creationism in the state’s public schools. The Sponsor is Senator Dennis Kruse.
Continue reading ‘Indiana Senate Moves Toward Teaching Of Creationism In Public Schools’
Thou Shalt Not [Allegedly] Steal: Tennessean Judge Accused Of Stealing Money Raised For Ten Commandments Display
Published 1, January 26, 2012 Bizarre , Criminal law , Lawyering 41 Comments
Hawkins County (Tenn.) Sessions Court Judge James “Jay” Taylor appears to attract investigations the way motor homes attract tornados. He has been sued in various civil lawsuits and has now been hit with five criminal charges, including stealing money that he raised for a “Citizens Heritage Display” including the Ten Commandments to be placed in the lobby of the Hawkins County Justice Center. He is continuing his push for reelection as well as his performances as part of “The Redeemed Southern Gospel Singing Quartet.”
Santorum: Just Say No To Education
Published 1, January 26, 2012 Academics , Bizarre , Politics , Society 147 Comments
We have previously discussed the rising anti-intellectualism in the GOP race from the rejection of basic science principles to the demonification of academics and higher education. Rick Santorum this week ramped up on the attacks on colleges and universities with a speech that seemed to call for voters to avoid supporting — or even attempting — college. Santorum appears to be proudly embracing the pledge of Will Rogers that “America is becoming so educated that ignorance will be a novelty. I will belong to the select few.”
Gingrich Accused Of Violating 12th Commandment: Thou Shalt Not Speak Ill Of Reagan
Published 1, January 26, 2012 Bizarre , Politics 58 Comments
While Nancy Pelosi continues to warn Republicans not to nominate Newt Gingrich (which is being used by the Romney camp this week), the Republican establishment is doing a full court press against Gingrich. That has led to some curious moments like Ann Coulter denouncing Gingrich for “hotheaded arrogance”. However, the strangest came from Elliott Abrams who accused Gingrich of the greatest sin of a Republican. No it is not endorsing torture or promising to renew the Iraqi War or even wiping out the separation of church and state. It is the unspeakable act of criticizing Ronald Reagan. Reagan famously handed down the 11th Commandment “Thou shalt not speak ill of any fellow Republican.” However, that is merely a venal not the mortal sin of violating the 12th Commandment, “Thou shalt not speak ill of Reagan.”
One in Five Young Germans Do Not Know Auschwitz Was A Death Camp
Published 1, January 26, 2012 Academics , International , Politics , Religion , Society 30 Comments
We have previously discussed how history is being forgotten in the United States, England, and other countries. We can now add Germany to the list. While one would hope that there are certain historical facts that are indelible, one in five young Germans has no idea that Auschwitz was a Nazi death camp.
Continue reading ‘One in Five Young Germans Do Not Know Auschwitz Was A Death Camp’
Ding-Dong Ditch: Former Bronx Prosecutor Arrested After Firing Gun In Anger Over Teen Ringing Her Bell
Published 1, January 25, 2012 Criminal law , Society 25 Comments
Former Bronx prosecutor Bernadette Greenwald, 37, has been criminally charged after she pulled a gun on a teen and fired a shot in anger over teenagers ringing her door bell in the “ding-dong ditch” game. Police say that Greenwald fired her pink 9mm handgun to show the teen she had (in her words) “balls.” Greenwald practices under her maiden name, Bernadette Nicchia.
Sikhs Sue Leno Over Joke Involving Sacred Temple
Published 1, January 25, 2012 Bizarre , Religion , Society , Torts 24 Comments
This week’s most frivolous lawsuit was filed by Dr. Randeep Dhillon of Bakersfield on behalf of himself and Bol Punjabi All Regions Community Organization in California. Dhillon is suing Jay Leno for showing a picture of the Sikh holy shrine Golden Temple in Amritsar, India as the image of Mitt Romney’s summer home. The obvious parody is entirely protected but Dhillon has claimed that it constitutes libel.
Continue reading ‘Sikhs Sue Leno Over Joke Involving Sacred Temple’
Pelosi: Gingrich Unelectable Because “There Is Something I Know.”
Published 1, January 25, 2012 Bizarre , Congress , Politics , Society 66 Comments
I previously criticized Minority Leader Nancy Pelosi for suggesting that she has dirt on Newt Gingrich but would disclose it later. She has returned to that ignoble theme in an interview with CNN, saying that Gingrich will not be elected because “There is something I know.” I have been a vocal critic of Gingrich on this blog, but once again I view this low-grade form of politicking to be grossly unfair to Gingrich and a further degrading of our political system. If you want to attack Gingrich, then do it. Do not constantly suggest that you have severed heads in a duffel bag or some other evidence against the man.
Continue reading ‘Pelosi: Gingrich Unelectable Because “There Is Something I Know.”’
Tearin’ It Up (And Burnin’ It Down): Garth Brooks Wins Lawsuit To Force Return of $500,000 Gift
Published 1, January 25, 2012 Academics , Science , Society 16 Comments
Country singer Garth Brooks has prevailed in his lawsuit to force the IntegrisCanadian Valley Regional Hospital in Yukon, Oklahoma to return half a million dollars from a prior gift. The case will likely be examined closely by universities and hospitals as a cautionary tale on the handling of donor money. What is clear is that, after taking one of its largest donors to court, the IntegrisCanadian Valley Regional Hospital can expect a rather chilly response from future donors. Here is the get part: the jury decided that he was a Victim of the Game and made the damages a cool $1 million dollars with punitive damages. Now that was a smart legal strategy for the hospital.
Get Shortey: Oklahoma Senator Faces Down Cannibals With Bill To Bar Use Of Human Fetuses In Food
Published 1, January 25, 2012 Bizarre , Politics 20 Comments
Oklahoma GOP State Senator Ralph Shortey is one politician who is not afraid to take on special interest groups. This month he has introduced a bill that will enrage that powerful lobby of commercial product cannibals who seek to use human fetuses to spice up food. Shortey’s bill would prohibit the manufacturing and sale of food “which contains aborted human fetuses.” First, however, you will have to find one.
Justified Shooting? Man Shot and Killed By California Police After Smashing Windows of a Restaurant With A Pipe
Published 1, January 25, 2012 Criminal law , Society 35 CommentsThis video on YouTube raises serious questions over the necessity of shooting a man outside of a Carl’s Jr. in Monterey Park, California. The man was smashing windows with a pipe and failed to yield to commands from officers. When he turned toward one officer and raised the pipe, he was repeatedly shot by the other officer in the video.
14-Year Old Boy Killed After Shooting Himself In Head With Replica Cannon
Published 1, January 24, 2012 Bizarre , Criminal law 32 Comments
In Tremonton, Utah, a family is facing a bizarre tragedy after Robby Ostberg, 14, was killed after being shot in the head by a small replica cannon. Notably, the police have said that they first believed that the cannon was purely decorative but then found that it was designed to fire a .50-caliber round. That would create a possible basis for a tort lawsuit for negligence and possibly product liability.
Continue reading ’14-Year Old Boy Killed After Shooting Himself In Head With Replica Cannon’
Officer Pulls Over South Carolina Mayor For Speeding . . . Mayor Then Pulls Over Officer
Published 1, January 24, 2012 Bizarre , Criminal law , Politics 18 Comments
Norway Mayor Jim Preacher was not apparently happy about being pulled over by a South Carolina state trooper for speeding. After being given a ticket, Preacher proceeded to put on his own blue lights and pulled over the trooper in his capacity as Norway’s chief constable.
Texas Company Accused Of Dumping Pig Blood Into River Used For Recreation
Published 1, January 24, 2012 Bizarre , Religion , Torts 27 Comments
In Texas, investigators are demanding answers from Dallas meat-packing company Columbia Packing Company after photos appeared to show the company dumping pig blood into the Trinity River. The case raises some interesting legal questions.
Continue reading ‘Texas Company Accused Of Dumping Pig Blood Into River Used For Recreation’
French Senate Makes Denying Armenian Genocide A Crime
Published 1, January 24, 2012 Constitutional Law , Free Speech , International , Politics 19 Comments
We have been following the rapid diminishing of free speech in the West in recent years. It is particularly disconcerting to see this trend in our close allies of England and France (For a prior column, click here). Now, the French Senate has added a new speech crime — denying the fact of the Armenian genocide by Turkey. While I commend the motivation, the legislation is blind to the implications to free speech by criminalizing certain subjects for debate. It seeks to force critics to be silent under threat of criminal prosecution — an approach that produces only the appearance of agreement while denying citizens the basic right to be heard on such controversies.
Continue reading ‘French Senate Makes Denying Armenian Genocide A Crime’
Liberté, Egalité, Débauche: Former French Minister Pushes For Creation of “Napoleonland”
Published 1, January 24, 2012 Academics , Bizarre , International , Military , Society 8 Comments
As a history buff who loves visiting France, I have previously objected to the commercialization of historical sites of a former French minister of Versailles. However, nothing quite prepared me for the new idea of former French minister Yves Jégo, who is planning the creation of “Napoleonland.” He is raising £180 million for the amusement park on the site of Napoleon’s final victory at the Battle of Montereau in 1814 just south of Paris.
Continue reading ‘Liberté, Egalité, Débauche: Former French Minister Pushes For Creation of “Napoleonland”’
Former Prosecutor Sentenced To Three Years For Accepting Drugs For Fees
Published 1, January 24, 2012 Criminal law , Society 25 Comments
Former Florida prosecutor Aaron Slavin, 34, has received a three-year prison sentence for accepting more than 200 oxycodone pills as payment for legal services in 2010. His wife Eryn Slavin, 34, was also convicted of drug possession, but under the deal with her husband she will avoid jail time. His mug shot sheet shows an arrest in 2010.
Continue reading ‘Former Prosecutor Sentenced To Three Years For Accepting Drugs For Fees’
Supreme Court Unanimously Rejects Obama Administration’s Effort to Conduct Warrantless GPS Searches
Published 1, January 23, 2012 Constitutional Law , Criminal law , Society , Supreme Court 40 Comments
I previously wrote about the pending case of United States v. Jones and the effort of the Administration to establish precedent allowing the government to follow citizens with Global Positioning Devices (GPS) without any showing of probable cause. I am happy to report that the Court has ruled unanimously against the government and found the practice to be unconstitutional under the fourth amendment. It is a stinging defeat for the Obama Administration but a roaring victory for privacy and civil liberties at a time when good news is rare.
Rushdie To Judgment: Muslim Groups File Police Complaint Over Reading of Book By Salman Rushie
Published 1, January 23, 2012 Bizarre , International , Politics , Religion , Society 8 Comments
We have followed the rising prosecution of people for blasphemy around the world, including the West. Now, Muslim groups in India are calling for the prosecution of organizers for reading from Salman Rushdie’s banned book “Satanic Verses” at the Jaipur Literature Festival. Abdul Latif, state secretary of All India Milli council refers to the mere reading from the book as “condemnable” and said that the groups are collecting evidence for prosecution.
LawDragon has released the results of its increasingly popular survey of the top lawyers in America. I was fortunate to again make the list this year.
Continue reading ‘LawDragon Selects Top 500 Lawyers’
Editor of American Jewish Magazine Calls For Israel’s Mossad To Kill Obama
Published 1, January 23, 2012 Bizarre , Politics , Society 58 Comments
Andrew Adler, the owner and publisher of the Atlanta Jewish Times, has apologized after running a column that lists three options for Israel to deal with its current threats that included killing Barack Obama. The column went out of its way to make sure that readers “read ‘three’ correctly” — “U.S. based Mossad agents” should kill the president. The column is just one more example of how religious writers and politicians use faith as a vehicle for hate and violent speech. Given our discussion of Santorum’s honorary campaign chairman (who denounced gays as making God want to vomit), one has to wonder about the intestinal fortitude of the Almighty during periods of sectarian extremism.
Continue reading ‘Editor of American Jewish Magazine Calls For Israel’s Mossad To Kill Obama’
Human Rights Report: Iraq Now A “Budding Police State”
Published 1, January 23, 2012 International , Military , Politics 23 Comments
Remember our plans to introduce a free and democratic nation in Iraq? We have been following the rampant corruption and increasing use of Sharia law in the country. Now, the Human Rights Watch has issued a report that our billions of dollars and many lives were spent to achieve . . . “a budding police state” where torture and abuse is widespread. In the meantime, we have spent ten years cutting back on essential services and programs in the United States to fund this shining example of American intervention.
Continue reading ‘Human Rights Report: Iraq Now A “Budding Police State”’
Meet Rev. O’Neal Dozier: Santorum’s Florida Campaign Chairman Under Fire For Saying Gays “Make God Want To Vomit”
Published 1, January 23, 2012 Bizarre , Politics , Religion , Society 27 Comments
Rick Santorum has long been ridiculed for his anti-homosexual views, but he appears to have someone who can actually extend the extreme of the spectrum to his right: Rev. O’Neil Dozier. Dozier has told his flock that gay “make God want to vomit.” He appears to know a great deal about things that make God vomit. His website describes him as “a prayer warrior who faithfully spends time in his own prayer closet and teaches his flock to pray.” This is one American who might be better off staying in the closet.
Things That Tick Me Off: Steven Tyler
Published 1, January 23, 2012 Bizarre , Society , Things That Tick Me Off 34 Comments
This week, Steven Tyler — formerly of Aerosmith and presently of American Idol — has made my Things That Tick Me Off list. I watched the two playoff games last night, but the Ravens-Patriots Game began with one of the most painful renditions of the national anthem in the history of mankind by Tyler, who appeared to be offering a rendition (below) of what the song if it was played by strangling a cat. Of course, now that he has made our “Things That Tick Me Off” list I expect his television and singing career will now be over.
Crash More, Costa Less: Cruise Company Offers Crash Victims Thirty Percent Discount On Their Next Trip
Published 1, January 23, 2012 Bizarre , International , Society , Torts 11 Comments
One can certainly understand why victims of the recently wreck of the Costa Concordia were a little put out by a recent offer. The company, owned by Carnival, called to offer them a 30% discount on their next Carnival cruise after 12 people died on the last voyage and 20 are still missing. Truly savings to die for. For crash victims, it is like Ford’s Theater offering Mary Todd Lincoln “buy two, get one free” ticket deal on the next performance of “Our American Cousin.”
This film is the result of an experiment of locking a fully loaded bike in New York City and then taking one picture every day for 365 days.
The Roberts Court and Free Speech
Published 1, January 22, 2012 Constitutional Law , Courts , Free Speech , Justice , Lawyering , Supreme Court 26 Comments
Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
We have all certainly heard of the important Freedom of Speech cases that the Roberts led Supreme Court has decided. Citizens United is probably the most prominent one that comes to my mind. Of course, the Citizens United case promoted the ability of corporate entities to enjoy full Free Speech rights. Other important Free Speech cases that were decided by the Roberts Court include the military funeral case of Snyder v. Phelps, et al,(131 S. Ct. 1207 (2011) ) and the Brown v. Entertainment Merchants case (131 S. Ct. 2729 (2011) ) in California which overturned a California law which required parental consent for minors to rent or buy violent video games. Because of these decisions and others, some scholars and constitutional law experts make the claim that the Roberts Court is the most pro-free speech Supreme Court in history! Continue reading ‘The Roberts Court and Free Speech’
From the Bottom of My New Heart
Published 1, January 22, 2012 Academics , Columns , Media , Science , Society , Uncategorized , USA Today 36 CommentsSubmitted by: Mike Spindell, guest blogger
For the first time I am writing a guest blog with a blatant message supporting a cause that you might say is near and dear to my heart. I hope Professor Turley excuses this personal usage of my guest blogging
privileges, as hopefully will my fellow guest bloggers. Here is my pitch. Some regulars here at the Turley blog know that I am a heart transplant recipient. I received my new heart in October 17, 2010, two days after the birth of my third grandchild. I am, needless to say, an extremely lucky man. My nuclear family all had heart issues. My parents both died at the age of 54 from heart attacks (Myocardial Infarctions {MI’s} as they’re known in the trade). It was my mother’s fourth or fifth and came as a result of her third stroke. When my father died, the requisite autopsy found that this was actually his second MI. My older brother has also had a severe stroke and an MI, but thankfully he is doing quite well today at age 75.
The main reason I am alive today, beyond the fact of my heart transplant, is because my wife during the worst stages of my illness, literally saved my life four times. Her love, care-giving, watchfulness and fierceness in ensuring my medical care, pulled me through very difficult times. We married thirty years ago when I was thirty-seven and six months later I suffered a massive MI, literally destroying one of my three main arteries. Unlike me, she had never experienced the severe illness of someone close, so this transition was obviously shattering but she saw me through. I guess you could say that there is a certain resiliency about me because I was to have two more MI’s at five year periods and yet was able to recover from them and work productively. However, seven years ago at age sixty, in the prime of my profession; I developed Congestive Heart Failure (Cardio Myopathy) and was forced to retire. Continue reading ‘From the Bottom of My New Heart’
Submitted by Mark Esposito, Guest Blogger
The vote in South Carolina has propelled the lazy paced Republican race for its presidential nomination into high-gear. Gingrich’s convincing win against Romney has made what appeared just a few days ago as a Romney coronation into a two-horse race. Written off for dead last summer when his staff unceremoniously quit and the money dried up, Gingrich supporters are justifiably giddy by winning this ultra-conservative state, which has an undeniable track record of picking the eventual Republican candidate for the nation’s biggest political job. What makes this an even more impressive win is Gingrich’s lack of boots on the ground in these primary races and an almost indifferent attitude toward campaign infra-structure. Gingrich did say he was running a new kind of campaign, but what candidate hasn’t?
-Submitted by David Drumm (Nal), Guest Blogger
Cheryl Jones was attending services at the Disciple Fellowship Christian Church of East St. Louis, Illinois, when a female parishioner received the Holy Spirit. When she fell, she knocked over others in a domino effect. Jones was knocked to the floor and several people fell on top of her. Jones alleges she suffered injuries to her head, neck, back, and buttocks.
-Submitted by David Drumm (Nal), Guest Blogger
In memoriam: we present Johnny Otis in glorious STEREO!
Blocking the Vote: A Look at Who Is Behind Republican Efforts to Erect Voting Barriers in America
Published 1, January 21, 2012 Justice , Politics , Uncategorized 101 Comments
Submitted by Elaine Magliaro, Guest Blogger
Last December, the NAACP released a report titled Defending Democracy: Confronting Modern Barriers to Voting Rights in America. The report reveals “direct connections between the trend of increasing, unprecedented African American and Latino voter turnout and an onslaught of restrictive measures across the country designed to stem electoral strength among communities of color.”
Benjamin Jealous, NAACP President and CEO, said, “It’s been more than a century since we’ve seen such a tidal wave of assaults on the right to vote. Historically, when voting rights are attacked, it’s done to facilitate attacks on other rights. It is no mistake that the groups who are behind this are simultaneously attacking very basic women’s rights, environmental protections, labor rights, and educational access for working people and minorities.” He added, “Voting rights attacks are the flip side of buying a democracy. First you buy all the leaders you can, and then you suppress as many votes as possible of the people who might object.”
I should add that African American and Latino voters aren’t the only people who are being targeted by the “block the vote” effort. Young people and the elderly in some states may also face hurdles if they hope to exercise their right to vote in the November elections.
“The Authoritarians”, A Book Review and Book”
Published 1, January 21, 2012 Academics , Columns , Free Speech , Justice , Media , Military , Politics , Religion , Science , Society 33 CommentsSubmitted by: Mike Spindell, guest blogger
This week I’m presenting something a little different as a blog. I’ve just read an incredibly interesting book that I was turned onto by either or both, Dredd and Anon Nurse. This book has added scientific clarity to a phenomenon that I’ve noticed for many years, with dismay. Why is it that some people, in the face of overwhelming evidence to the contrary, doggedly hold onto beliefs that they can’t logically defend? We can all agree that there are some issues that simply do not lend themselves to being categorized into absolutes of right and wrong. However, I will let the reader catalog those issues mentally, since there will be some who would no doubt take umbrage from any examples I would personally present. Yet I assert that there are some issues where despite probable protests, are not open to rational dispute. One of these is the age of the Earth and the Universe. The Earth is far older than Creationists/Intelligent Design advocates would set at six or seven thousand years. This is proven fact. I note that there are many religious people who accept this scientific fact and yet still believe in a creator and while not by any means a fundamentalist, I do believe that there is a creative force that informs the Universe. Whatever that force may be, it did its thing multiple billions of years ago.
I presented the above to illustrate the difference between a proven fact and an as yet, if ever, provable belief. The book “The Authoritarians” was written by Bob Altemeyer, Associate Professor, Department of Psychology, University of Manitoba, Winnipeg, Canada. Professor Altemeyer has spent more than forty years doing research as a Social Psychologist into the parameters and root causes of authoritarian behavior in human beings. John Dean, of Watergate renown, made Bob semi-famous by using Bob’s work as a framework for his book “Conservatives Without Conscience”. I call Professor Altemeyer “Bob”, not out of personal familiarity, but because one of the joys of this book is that though it is a serious socio-psychological work, it is written by a man who doesn’t take himself too seriously, while presenting a very serious subject. My original intent in writing this piece was to present my conclusions, using the book as backup. However, the book, though well-documented, is only 262 pages and at the end of this piece will be a link that allows you to download it for free and read it. Bob presents this important topic far better than I could ever condense it. I’ll just give you a taste, hopefully whetting your appetite and then let you read it for yourself and draw your own conclusions. Continue reading ‘“The Authoritarians”, A Book Review and Book”’
Framing Discrimination As Religious Freedom
Published 1, January 21, 2012 Constitutional Law , Religion , Science , Supreme Court 102 Comments-Submitted by David Drumm (Nal), Guest Blogger
In a recent full-page paid advertisement in the Washington Post, the U.S. Conference of Catholic Bishops (USCCB) and dozens of leaders of Catholic organizations voiced their opposition to the Department of Health and Human Services (HHS) rule which they describe as forcing private health providers to provide “preventive services.” The HHS plan mandates, without charging a co-pay, co-insurance or a deductible, the provision of FDA-approved contraception methods. The advertisement claims these drugs may cause abortions which, by their definition, includes any single-celled fertilized egg that doesn’t implant.
The ad claims that following the HHS rule would violate their religious liberty and freedom of conscience.
Continue reading ‘Framing Discrimination As Religious Freedom’
Freeze Warning: South African Law Makes Unauthorized Weather Forecasts Illegal
Published 1, January 21, 2012 Criminal law , International , Science 39 CommentsSubmitted by Mark Esposito, Guest Blogger
American novelist Ilka Chase once wrote that, “Among famous traitors of history one might mention the weather.” Now it seems unauthorized predictions about the weather are getting the traitor treatment, too. A proposed South African law would make any weather forecast about severe weather or air pollution not authorized by the government-funded South African Weather Service (SAWS) subject to five years in prison and a $630,000.00 fine. The law would affect TV weather forecasters, online services like Weather.com, and community based weather services. Talk about a government sponsored monopoly.
Continue reading ‘Freeze Warning: South African Law Makes Unauthorized Weather Forecasts Illegal’
-Submitted by David Drumm (Nal), Guest Blogger
In memoriam: we present Etta James in glorious STEREO!
When Immunity Becomes Impunity: German Police Stop North Korean Ambassador From Fishing Without License . . . Ambassador Invokes Diplomatic Immunity and Keeps On Fishing As Police Watch
Published 1, January 20, 2012 Uncategorized 44 Comments
German police recently thought that they had just another illegal fishing incident at the Havel River in Berlin when they stopped a man and demanded his license. The man immediately informed them that he had no license and continued to fish. When they told him it was illegal, he promptly identified himself as Si Hong Ri, North Korea’s ambassador to Germany and apologized. He then continued to fish. Si Hong Ri had no identification on him, so the police were forced to call for their office to produce a picture of the ambassador and then stood there as Si Hong Ri continued to fish with immunity and impunity.
Continue reading ‘When Immunity Becomes Impunity: German Police Stop North Korean Ambassador From Fishing Without License . . . Ambassador Invokes Diplomatic Immunity and Keeps On Fishing As Police Watch’
Just Say No To Idolatry: Hamas Shuts Down Program As “Indecent” Under Islamic Law
Published 1, January 20, 2012 Bizarre , Free Speech , International , Politics , Religion , Society 14 Comments
Those crazy guys in Hamas are at it again. After banning women from riding motorcycles and men working as hairdressers and other “immodest acts,” Hamas has shutdown the Palestinian version of “American Idol” as “indecent” under Islamic laws and values. However, it appears kid shows featuring dismemberment and camps for kids to learn kidnapping are perfectly decent.
Continue reading ‘Just Say No To Idolatry: Hamas Shuts Down Program As “Indecent” Under Islamic Law’
Atheist Arrested In Indonesia For Blasphemy For Writing On Facebook “God Does Not Exist”
Published 1, January 20, 2012 Constitutional Law , Criminal law , International , Politics , Religion , Society 11 Comments
We have been following the increasing abuse of the legal system in Indonesia, including the application of Sharia law. Now, an atheist (identified only as Alexander) has been arrested and faced five years in jail for questioning the existence of God on his Facebook page. It is the latest blasphemy arrest, discussed earlier in a column.
Utah School District Rejects Cougar As Mascot As “Insensitive To Women”
Published 1, January 20, 2012 Animals , Bizarre , Society 29 Comments
School officials in Canyons School District Utah appear to be watching too much Sex in the City. The school officials wanted to pick a mascot for the new Corner Canyon High School and pushed the students to accept the ultra-lame “Chargers.” The students balked and instead picked the Cougars, but Principal Mary Bailey and the school district barred the names as “insensitive to women.”
Continue reading ‘Utah School District Rejects Cougar As Mascot As “Insensitive To Women”’
Justice According To Scalia and Thomas: Two Justices Dissent From Giving Death Row Inmate Appeals After He Was Abandoned By Counsel
Published 1, January 19, 2012 Constitutional Law , Courts , Criminal law , Supreme Court 51 Comments
Recently we discussed the twisted jurisprudence of Associate Justice Clarence Thomas. Thomas is back in another disturbing dissent written by Antonin Scalia in the case of Maples v. Thomas. Cory Maples was convicted of two murders in Alabama in 1997. Since Alabama does not pay for post-conviction assistance, he relied on Jaasai Munanka and Clara Ingen-Housz from the law firm of Sullivan and Cromwell. When the attorneys left, however, the firm let the case drop and Maples was never informed that an appeal had been denied. His time for appeal lapsed. Seven justices lined up to support the right to an appeal, including Roberts and Alito who are not known to support criminal defendants in most cases. However, Thomas and Scalia insisted that there was no need for further judicial review in light of the failure of counsel. If leaving a case entirely is not ineffective counsel, it is difficult to see when such a standard would be satisfied in the jurisprudence of Thomas and Scalia.
A Suicidal Pledge? Gingrich Reaffirms Pledge To Violate Constitution After Promising To Kill Enemies Of Our Nation
Published 1, January 19, 2012 Bizarre , Constitutional Law , Politics , Society 115 CommentsAfter pledging to kill our enemies, Newt Gingrich returned to one of his favorite themes: violating the United States Constitution. In Greenville, South Carolina, Gingrich again said that he would ignore Supreme Court decisions that he disagreed with. We have previously discussed the flaws in Gingrich’s legal and historical views, but my concern is that pledging to violate the Constitution would make Gingrich an enemy of our constitutional system. Does this mean that his first act would be to add his own name to the presidential hit list?
Bibles For Buncombe: North Carolina School Distributes Free Bibles But Refuses Donation Of Pagan Books
Published 1, January 19, 2012 Academics , Constitutional Law , Politics , Religion , Society 17 Comments
In North Carolina, students at the North Windy Ridge Intermediate School were told that they could pick up a free Bible, donated by the Gideons. When Ginger Strivelli’s son came home with a new Bible, she decided to offer her own free copies of sacred books. She is a pagan and brought pagan spell books to the office. She was turned away (though I expect spell books in the age of Harry Potter would be snatched up like Bertie Bott’s Every Flavor Beans). The Buncombe County Board of Education now says that it will reexamine its policies. However, this only came after a non-Christian religion asked for the same access to schools.
Israeli Scientists Developing Cyborg Rats
Published 1, January 19, 2012 Academics , Animals , Science 17 Comments
It is said that the world will rush to the door of the man with a better mouse trap, but what about a better mouse? A rat lies motionless on a sterile, spotless table. Israel’s Tel Aviv University psychology department is close to developing a cyborg rat — a leap ahead of those mad Swiss scientists. Where the Swiss are developing a more muscular mouse, the Israelis are going for the cyborg rat. I’ll put my money on the Israelis in the upcoming enhanced rodent wars.
Continue reading ‘Israeli Scientists Developing Cyborg Rats’
You Can Thank Me Later: Police Officer Breaks Into Wrong House During Fire
Published 1, January 19, 2012 Bizarre , Criminal law 21 CommentsThis video shows an officer smashing the windows of a house and forcing an older woman into the street in her nightgown to save her from a fire. The problem is that the fire was down the street.
Continue reading ‘You Can Thank Me Later: Police Officer Breaks Into Wrong House During Fire’
SITES UNITE TO STOP SOPA
Published 1, January 18, 2012 Academics , Congress , Constitutional Law , Courts , Criminal law , Media , Politics 79 Comments
Sites like Wikipedia, Google, YouTube, and Reddit have gone black this morning in protest of The Stop Online Piracy Act (SOPA), which threatens Internet independence and free speech as well as a host of other rights. We have long discussed the ever-widening array of criminal and civil penalties pushed through Congress by the powerful radio and television lobby as well as other industry groups. The Obama Administration has been particularly willing to carry the water for these groups over objections from public interest groups. SOPA reflects the power of this lobby and its hold over members of Congress and the Obama Administration. While the Obama Administration has now responded to the outcry by insisting that it will tweak the bill, such promises ring hallow given its past efforts to appease this industry and its dishonest statements recently in other areas like the indefinite detention controversy. Notably, the recent admission from the White House that it has some concerns over the bill did not come until the public rallied against the bill — another indication of the control of an industry group in the drafting of legislation. This lobby is not going to go quietly into the night. It is more likely that it will work with the White House and Congress to achieve the same purposes with an incremental series of laws — if it does not simply win outright.
Gingrich Pledges To Kill Enemies Of The United States
Published 1, January 18, 2012 Bizarre , International , Politics 57 Comments
I have previously questioned the historical and legal views of Newt Gingrich. However, we may agree on one recent historical claim: that Andrew Jackson tended to address enemies by killing them. As shown in the video below, Gingrich embraced this approach as a campaign pledge — eclipsing prior campaign pledges in the primary to bomb countries or torture detainees.
Continue reading ‘Gingrich Pledges To Kill Enemies Of The United States’
Dutch Architect Proposes Floating Parks For Urban Centers
Published 1, January 18, 2012 Animals , Environment 20 Comments
Architect Koen Olthuis, of Dutch firm Waterstudio has proposed a rather intriguing floating parks for cities like New York and London that would create a haven for wildlife in urban centers — a park that would be inaccessible to humans that would create a multi-tiered living area for birds, bees, bats and other small animals.
Continue reading ‘Dutch Architect Proposes Floating Parks For Urban Centers’
Who Burned The Senator?
Published 1, January 18, 2012 Bizarre , Criminal law , Environment 22 Comments
We have periodically been faced with a particularly twisted class of criminals who destroy nature, including historic trees (here and here and here), out of some deep-seated anger or objectification. The latest victim is “The Senator,” a 125-foot-tall bald cypress tree in the Longwood’s Big Tree Park in Florida. It was believed to be the oldest of its kind in North America and the fifth oldest tree in the world. Now it is a burned out trunk.
I have warned for years about the Martian menace and the lack of preparations of anti-Martian devices. Now the Martians are throwing rocks at us and all we can do is collect them. This is a picture of a Martian meteorite that hit near Foumzgit, Morocco in July 2011 and recovered last month.
Can You Guess What This Man Was Arrested For?
Published 1, January 18, 2012 Bizarre , Criminal law 9 Comments
David T. Peters, 66, of Streetsboro, Ohio chose this unfortunate teeshirt before being arrested for internet child porn. We have seen other arrestees with poor taste in booking attire, but Peters is certainly competing for the top spot.
Continue reading ‘Can You Guess What This Man Was Arrested For?’
Laying Hands On The Faithful: Did Valerie Jarrett Trip The Wire In Using Atlanta Church To Stump For Obama
Published 1, January 17, 2012 Politics , Religion , Society 33 CommentsDemocrats and independents have often challenged the use of churches by GOP candidates for campaigning and voter registration drives. The same concern would appear raised by the remarks of senior White House adviser Valerie Jarrett this Sunday at Ebenezer Baptist Church where she appeared to be stumping for the President — followed by a voter registration drive at the church.
Florida Police Officer Turns Off Dash Camera and Audiotape, Beats Man With Dementia, and Receives Only A Written Reprimand
Published 1, January 17, 2012 Bizarre , Criminal law , Society , Torts 36 CommentsIn Florida, Melbourne police Officer Derek Middendorf is accused of beating a 66-year-old man suffering from dementia. A dash camera shows Middendorf delivering a kick to the stomach of Albert Flowers, then punching him after Flowers falls to the ground. The video also shows another officer running over and tasing Flowers in the face. The beating left Flowers in the hospital for a month. Yet, the police department only issued a written reprimand for one of the officers turning off the dash camera and audio equipment. A written reprimand. That’s it.
TSA Agents Steal $40,000 From A Passenger . . . And Receive Just Six Months In Jail
Published 1, January 17, 2012 Bizarre , Criminal law , Society 19 Comments
Recently, two former TSA screeners, 44-year-old Coumar Persad and 31-year-old Davon Webb were convicted of stealing $40,000 from a passenger’s luggage at John F. Kennedy Airport in New York. The amount of cash and the involvement of TSA officers obviously makes the story notable. However, what I found quite remarkable was the sentence that they received; six months in jail and five years probation. That is a remarkably light sentence for federal employees involved in a major theft while using public authority and resources.
Continue reading ‘TSA Agents Steal $40,000 From A Passenger . . . And Receive Just Six Months In Jail’
Bed, Bath & Beyond Tissue Boxes Found To Be Radioactive
Published 1, January 17, 2012 Bizarre , Society , Torts 16 Comments
Bed, Bath, & Beyond is recalling its metal tissue boxes after California health officials found a shipment to be radioactive. The boxes made in India appear to have been made from metal irradiated with cobalt-60. The “Dual Ridge Metal Boutique tissue boxes” are not exactly weapons of mass destruction but they do present a health risk.
Continue reading ‘Bed, Bath & Beyond Tissue Boxes Found To Be Radioactive’
Want to Lose Weight? Think Red
Published 1, January 17, 2012 Academics , Bizarre , Science , Society 14 Comments
There is an interesting article published in Appetite Magazine showing the results of a study by German and Swiss academics into the effect of color on food consumption. The Scientists found that eating from red plates and drinking from red cups reduced the amount that people ate by forty percent.
Continue reading ‘Want to Lose Weight? Think Red’
Titan Has Heat . . . And Two Atmospheres
Published 1, January 17, 2012 Academics , Science 6 Comments
Scientists at the French National Centre for Scientific Research in Paris have published findings in Nature Geoscience that has challenged assumptions about the moon Titan, one of Saturn’s sixty moons and a focus of scientists because of the presence of an atmosphere and potential for life. Benjamin Charnay and Sébastien Lebonnois created a computer model that simulates the atmosphere on Titan and the model yielded some interesting results showing that the moon has two different boundary layers and the lower produces methane clouds, dune movement on the surface and wind patterns.
Continue reading ‘Titan Has Heat . . . And Two Atmospheres’
Indefinite Detention of Citizens: A Response To Senator Carl Levin
Published 1, January 16, 2012 Congress , Constitutional Law , Courts , Criminal law , Free Speech , International , Lawyering , Military , Politics , Society 225 Comments
Yesterday, my column “10 Reasons The United States Is No Longer The Land Of The Free” ran in the Sunday Washington Post. I have been heartened by response to the column. However, a few commenters continue to suggest that the National Defense Authorization Act (NDAA) does not allow for the indefinite detention of citizens. This claim is being advanced by Senator Carl Levin (D., Mich.) in emails and fax messages to voters. I wanted to respond to Senator Levin’s points which are detached from language of the law and the clear intent of the majority of Senators. I would also like to address those who have stated that our liberties are not at risk when such powers will not affect most Americans.
Continue reading ‘Indefinite Detention of Citizens: A Response To Senator Carl Levin’
English Citizens Increasingly Turning To Sharia Courts
Published 1, January 16, 2012 Constitutional Law , Courts , International , Politics , Religion , Society 20 Comments
We have spent considerable time on this blog discussing the dangers of Sharia system in various Muslim countries like Iran and Saudi Arabia, particularly in the treatment of women and girls. However, in any free nation, citizens should be allowed to resolve their own disputes through private mediation or religious adjudications. This is what is happening increasingly in England where Muslims are circumventing the court system in favor of Islamic courts and Sharia law. The growing influence of Sharia courts has raised concerns among women’s groups and such reliance should come with added vigilance to ensure that all of the parties are truly consenting to such faith-based adjudications.
Continue reading ‘English Citizens Increasingly Turning To Sharia Courts’
A Smart or Dumas Move? Italy Set To Bomb Island of Montecristo With 26 Tons of Rat Poison
Published 1, January 16, 2012 Animals , Environment , Society 29 Comments
This is a bizarre story. We are all familiar with the island of Montecristo from the famous novel by Alexandre Dumas, The Count of Monte Cristo. If you go to the uninhabited island, however, you are likely to find not the treasure from the book (or Red Beard’s treasure, as has long been rumored to be buried there). What you will find are rats. Lots of rats. One for every square yard of island. Now, the Italian military is planning to literally bomb the island to kill the black rat (Rattus rattus) population — and save the island.
Uncle Shem Wants You? Israel Accused of Using U.S. Passport and Fake CIA Identities To Recruit Operatives
Published 1, January 16, 2012 Bizarre , Criminal law , International 14 Comments
Foreign Policy magazine has published an article that deals with an intelligence crisis that the Bush and Obama Administration appear to have buried away from public view. Internal memos reportedly detail how Israeli Mossad agents posed as CIA agents in the recruitment and running of operatives. Previously, Israel was criticized by various countries for using their passports and stolen identities of their citizens to kill a target in Dubai. The article suggests that Israel used U.S. money, passports, and identities for the false flag operation. What is fascinating is that the U.S. was accused (not surprisingly) of conducting the operation of cover support for Jundallah — a Pakistan-based Sunni extremist organization in 2007 and 2008.
Continue reading ‘Uncle Shem Wants You? Israel Accused of Using U.S. Passport and Fake CIA Identities To Recruit Operatives’
Did Martin Luther King’s ‘Dream’ Come True?
Published 1, January 15, 2012 Congress , Constitutional Law , Courts , Free Speech , Justice , Politics , Religion , Society 73 Comments
Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
On Monday we celebrate the life of the Reverend Martin Luther King and honor him for his work with the Civil Rights movement. One of his most famous speeches was the 1963 “I Have A Dream” speech that he gave in Washington, D.C. to a crowd of thousands. In that speech he laid out his vision and hopes for the Civil Rights movement. I would like to review some of his words and discuss if his dream came true for African-Americans and minorities throughout our country. “I have a dream that one day this nation will rise up and live out the true meaning of its creed: “We hold these truths to be self-evident: that all men are created equal.” ‘ Huffington Post Continue reading ‘Did Martin Luther King’s ‘Dream’ Come True?’
The DHS Wants to Know Who’s Spreading the News (or Expressing an Opinion), Your Rights Optional
Published 1, January 15, 2012 Constitutional Law , Free Speech , Justice , Media , Politics , Society , Supreme Court , Uncategorized 110 Comments
Submitted by Gene Howington, Guest Blogger
Freedom of speech is a well established right in this country and rooted in the 1st Amendment. ”Congress shall make no law [. . .] abridging the freedom of speech, or of the press”. The U.N.’s Universal Declaration of Human Rights Article 19 reads, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” Within the United States and our jurisprudence there are some exceptions to this freedom, but by in large (up to this point in history) the restrictions are both reasonable and necessary: the Miller test for obscenity, child pornography laws, laws prohibiting speech that incites imminent lawless action, restrictions on fighting words, regulation of commercial speech such as advertising, copyright and patent laws protecting authors and inventors control over their work, and the prohibition of slander and defamation.
Let’s be clear here that the subject isn’t just free speech, but anonymous political free speech.
Here at Res Ipsa Loqitur, there is a long standing policy of allowing anonymous posting to comments and protecting poster’s anonymity. The decision to post under your own name or not is entirely yours. This policy encourages free speech while allowing that having an unpopular or minority point of view should not have negative political consequences for the speaker or unnecessarily complicate their lives simply for expressing their views. Many political insiders and Washington professionals have told Professor Turley that they enjoy reading this blog and have enjoyed posting anonymously. The only posters here required to use their real identities are the guest bloggers and the requirement is voluntary. None of us were coerced into using our real names. When offered the honor of being a guest blogger, it was simply (and I think I speak for all the guest bloggers when I say fairly) a requirement in assuming editorial responsibilities. However, all of this raises an important question.
Do you have a right to anonymous political free speech?
According to the Supreme Court, you do. According to the Department of Homeland Security, you don’t. They’ve hired General Dynamics to track U.S. citizens exercising this critical civil right.
10 Reasons The U.S. Is No Longer The Land Of The Free
Published 1, January 15, 2012 Academics , Columns , Congress , Constitutional Law , Free Speech , International , Media , Politics , Society , Supreme Court 404 Comments
Below is today’s column in the Sunday Washington Post. The column addresses how the continued rollbacks on civil liberties in the United States conflicts with the view of the country as the land of the free. If we are going to adopt Chinese legal principles, we should at least have the integrity to adopt one Chinese proverb: “The beginning of wisdom is to call things by their right names.” We seem as a country to be in denial as to the implications of these laws and policies. Whether we are viewed as a free country with authoritarian inclinations or an authoritarian nation with free aspirations (or some other hybrid definition), we are clearly not what we once were.
Continue reading ’10 Reasons The U.S. Is No Longer The Land Of The Free’
Robot Love?
Published 1, January 14, 2012 Academics , Bizarre , Columns , Courts , Economics , Justice , Lawyering , Media , Politics , Religion , Science , Society , Torts 51 CommentsSubmitted by: Mike Spindell, guest blogger
Almost four weeks ago I read an article in Huffington Post entitled: “Can Loving A Robot Lead to Divorce?” by Vicki Larson, a journalist. http://www.huffingtonpost.com/vicki-larson/robots_1_b_1150679.html Ms. Larson introduces her piece by quoting the claims of a current manufacturer of anatomically correct “sex robots”, who presumably speak and move in sexual ways. I followed the article’s link to the website of the robots inventor, Douglas Hines, who enthusiastically discusses his creation and has a few videos (non-explicit) that demonstrate the robot’s “capabilities”. While the HuffPost article links the Company’s website, I’m not doing it here, since publicizing this device is not my aim. Should you want further information it is available at the articles link. The “sex robot” being produced now is but an update on inflatable sex toys, though with a “skeleton”, rudimentary movement and speech added. It therefore is only an opening reference to a real issue that will shortly become scientifically possible.
The next part of this short article is an overview with of the opinion of Artificial Intelligence Expert David Levy http://www.scientificamerican.com/article.cfm?id=humans-marrying-robots “It also may be the future of love and marriage, if you believe artificial intelligent (AI) expert David Levy, author of Love and Sex With Robots. According to Levy, human-robot sex, love and marriage is inevitable — perhaps as soon as 2025. He predicts that robots may not only be more lovable and faithful than many humans, but they may even be more emotionally available than the “typical American human male.” Not only will they make us become better, more creative lovers, but they also will offer those singles who feel a void in their emotional and sexual lives and married couples with differing sexual needs new, nonjudgmental ways to be happy and healthy. Although Levy believes that the “availability of regular sex with a robot will dramatically reduce the incidence of infidelity as we know it today,” he also acknowledges there may be some potential sticky points. “Some human spouses and lovers might consider robot sex to be just as unfaithful as sex with another person.”
Levy’s view naturally flows into the conclusion of the article which is an E Mail interview with Sonya Ziaja, a San Francisco Bay Area attorney who blogs at numerous law and policy media outlets as well as her own, Shark. Laser. Blawg.
“And what could be more fraught with legal dilemmas than a love triangle among a married couple and a sexbot? How that might impact a divorce? That’s what Ziaja explores in her paper, “Homewrecker 2.0: An Exploration of Liability for Heart Balm Torts Involving AI Humanoid Consorts,” which she presented at the 2011 International Conference on Social Robotics that took place in Amsterdam at the end of November.
“If the doll’s owner becomes enamored with the doll, and leaves his spouse, can the spouse sue as she or he would be able to if the interloper had been human? And who would be sued? The manufacturer? Inventor? The AI itself?” she questions. “So long as we’re intent on adding socially interactive AI into situations that would ordinarily be only human. … socially interactive robots need to be ‘safe to play with’ in a way that manufacturers of toaster ovens never had to imagine.”
Thus we are presented here with a legal quandary instigated by the advent of revolutionary technology affecting serious legal, moral and ethical issues. How should we view this inevitability and how shall we deal with it as a society? Continue reading ‘Robot Love?’
DOJ Weighs In On Police Taping Case
Published 1, January 14, 2012 Constitutional Law , Courts , Criminal law , Supreme Court 28 Comments-Submitted by David Drumm (Nal), Guest Blogger
In May 2010, Christopher Sharp used his cell phone camera to record Baltimore City Police officers arrest and beat a female acquaintance at the Plimlico Race Course. The officers detained Sharp, seized his cell phone, and returned it later with all his videos deleted, including videos of his young son at sports events. Sharp filed a complaint in the Circuit Court for Baltimore City Maryland which was later moved the United States District Court for the district of Maryland.
The United States Department of Justice has decided to get involved, on the side of Sharp.
-Submitted by David Drumm (Nal), Guest Blogger
If you were disappointed that this song was mono on their 2009 box set, rejoice, because we present The Beatles in glorious STEREO!
Pat and Keith’s Excellent Adventure: Pundit Soap Operas
Published 1, January 14, 2012 Media , Politics 43 CommentsSubmitted by Mark Esposito, Guest Blogger
Venerable daytime soap One Life To Live may have signed off for the last time Friday after 44 years, but the tales of two political pundits are poised to take up the slack. msnbc reports that uber-conservative Pat Buchanan has been granted leave of absence from the cable network after coming out with his new screed book, Suicide of a Superpower. With tantalizing chapter titles like The End of White America and The Death of Christian America, network chief Phil Griffin pulled the plug on msnbc’s version of the “Wild Man of Borneo” in October saying he “didn’t think it should be part of the national dialogue much less part of the dialogue on MSNBC.” Amen to that brother, but shouldn’t we at least get a little sample like this beaut:
Back then, black and white lived apart, went to different schools and churches, played on different playgrounds, and went to different restaurants, bars, theaters, and soda fountains. But we shared a country and a culture. We were one nation. We were Americans.
Continue reading ‘Pat and Keith’s Excellent Adventure: Pundit Soap Operas’
Employment Discriminaton Filing: Snack Maker Accused of Firing Employee For Wearing Prosthetic Device
Published 1, January 13, 2012 Bizarre , Society , Torts 27 Comments
Now this is going to be an interesting case. Pauline Davis, 45, has filed a gender discrimination case against J&J Snack Foods after the company (making churros and other frozen snacks) allegedly fired her for wearing a prosthetic penis to work. She seems to have a viable case.
British Find That Detainee Was Tortured As Part Of American Interrogation . . . Obama Administration Threatens To Cut Off Intelligence To England
Published 1, January 13, 2012 Criminal law , International , Politics 78 CommentsWhile the Obama Administration continues to block any independent investigation in this country or by other countries, Britain has angered Obama officials by confirming that a suspect was tortured as part of his interrogation by the United State in Morocco. The use of other countries to torture U.S. detainees through “extraordinary renditions” is well documented. However, the Obama Administration reportedly threatened to cut off Britain from access to intelligence if the country told the truth about the torture of Binyam Mohamed. Thus, while publicly condemning the desecration of dead Taliban as “deplorable” and promising an investigation (after the photos were published by the media), the Administration continues to use classification laws to prevent the truth from being revealed about American involvement in potential war crimes. What is particularly disturbing is that this story has received relatively little attention in the United States media, which appears to have “moved beyond” torture in favor of Tebow as a worthy subject of coverage.
Police Seek Culprit Who Seriously Injured Man In Spontaneous “Dwarf Toss”
Published 1, January 13, 2012 Bizarre , Criminal law , Society , Torts 19 CommentsThere is an interesting criminal and tort case being investigated in England. Martin Henderson was celebrating his 37th birthday when he found himself airborne — thrown by another man in the bar who saw him as a dwarf for the tossing. Henderson suffered injuries as a result of the toss and the man fled.
Continue reading ‘Police Seek Culprit Who Seriously Injured Man In Spontaneous “Dwarf Toss”’
Ben Stein’s Money: Actor Sues Japanese Company For Dumping Him For Another Nerdy Economist
Published 1, January 13, 2012 Academics , Society , Torts 14 Comments
Ben Stein is an actor who often appears at conservative conferences and events — often speaking against such things as global warming. Stein’s hard-right politics has made him a hero for conservatives and a villain for liberals. Now, however, he is suing after a company decided that his political advocacy undermined his value as a spokesman. While some conservatives might view such discrimination lawsuits and emotional distress claims as another sign of our litigious society, Stein is suing Japanese company Kyocera Corporation and the New York ad agency Seiter & Miller for the loss of a $300,000 gig. He says that Kyocera then tapped a University of Maryland economics professor whom his lawsuit portrays as a Stein lookalike or clone. Stein declares in his lawsuit that he is “the most famous economics teacher in the world.” Sure there were Adam Smith, John Kenneth Galbraith, and John Maynard Keynes. There were even people like Karl Marx who fashioned themselves as well known economists. But none of them appeared in “Ferris Bueller’s Day Off.”
Continue reading ‘Ben Stein’s Money: Actor Sues Japanese Company For Dumping Him For Another Nerdy Economist’
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