John McCain’s possible election could trigger review under an obscure part of the Constitution: the birth eligibility provision of Article II. The requirement that an American be “natural-born” has long been controversial, but few associated John McCain with the problem as opposed to other leaders like Arnold Schwarzenegger. McCain, however, may be a foreign born citizen given his birth in the Canal Zone. Due to the bar on advisory opinions, this issue might not be ripe for review until after the general election, triggering another Bush v. Gore moment in the high court. Ted Olson has even been retained for the possible fight to complete the scene for a Supreme redux. Continue reading ‘McCain’s Constitutional Dilemma: Native Son But Not Natural Born?’
Archive for February, 2008
McCain’s Constitutional Dilemma: Native Son But Not Natural Born?
Published 1, February 29, 2008 Congress , Constitutional Law , Lawyering , Politics , Society , Supreme Court 17 CommentsO Panama, We Stand On Guard For Thee
Published 1, February 29, 2008 Bizarre , Constitutional Law , Politics , Society 2 CommentsTo say the least, I am getting a bit of flack for suggesting that John McCain could have a constitutional problem under Article II’s eligibility provision. In the interest in lightening up the discussion, I offer the following as a possible rallying song for Panamanian and Panamanian-born friends alike. It appears that with a little tweaking and the indulgence of our Canadian neighbors, O Canada seems remarkably apropos. Continue reading ‘O Panama, We Stand On Guard For Thee’
No Special Compensation for Widow of Worked-To-Death Judge
Published 1, February 29, 2008 Bizarre , Congress , Constitutional Law , Justice , Lawyering , Politics , Society Leave a CommentThe Connecticut Supreme Court has issued an interesting ruling that bars the widow of a judge from suing under a law designed to benefit her alone. It is like a reverse bill of attainder ruling: barring selective special benefits as opposed to punishment in legislation. Continue reading ‘No Special Compensation for Widow of Worked-To-Death Judge’
Prison America: 1 in 100 Americans Are Now Behind Bars
Published 1, February 29, 2008 Criminal law , Politics , Society 9 CommentsThe United States has now passed a milestone, one of every one hundred adults are in prison or jail. This number grows even more when one considers the number of people on parole or probation. While the dollar is at a record low and our economy is collapsing, we can now at least claim that America now runs the world’s largest prison system. Continue reading ‘Prison America: 1 in 100 Americans Are Now Behind Bars’
YouTube Restores Russian Prison Abuse Video
Published 1, February 29, 2008 Criminal law , Justice , Society 1 CommentAfter YouTube blocked a video posted by a human rights activist on Russian prison abuse, the company has yielded to international objections and restored the video. The video shows the chronic abuse that occurs within the Russian prison system. Continue reading ‘YouTube Restores Russian Prison Abuse Video’
Video: Russian Police Demonstrate Their Beat-First-Question-Later Approach
Published 1, February 28, 2008 Bizarre , Criminal law , Society 2 CommentsWhile other departments are trying to teach non-violent methods, Russia appears to favor a more physical approach, as shown in this video. Continue reading ‘Video: Russian Police Demonstrate Their Beat-First-Question-Later Approach’
Food Not Included: AFS Exchange Student Starved in Eygpt and Hospitalized Upon His Return
Published 1, February 28, 2008 Academics , Bizarre , Lawyering , Politics , Society , Torts 14 CommentsThe American Field Service (AFS) is facing a possible lawsuit in a shocking case of alleged abuse and negligence. Maine teenager
Jonathan McCullum lost 60 pounds while placed with a family in Egypt. When he returned he was so weak that he had difficulty carrying his luggage and had to be hospitalized . AFS has refused to comment and referred inquiries to a lawyer who has also refused to comment. This could present some novel tort issues, but it appears that AFS has much to answer for. Continue reading ‘Food Not Included: AFS Exchange Student Starved in Eygpt and Hospitalized Upon His Return’
Does John McCain Have an Alexander Hamilton Problem? A Constitutional Challenge May Loom Over McCain’s Eligibility for President
Published 1, February 28, 2008 Congress , Constitutional Law , Politics , Society , Supreme Court 22 CommentsThe expected nomination of John McCain has been eagerly anticipated by constitutional scholars, not because of political support but selfless academic interest. McCain’s election would trigger review of an obscure part of the Constitution: the birth eligibility provision of Article II. The requirement that an American be “natural-born” has long been controversial, but few associated John McCain with the problem as opposed to other leaders like Arnold Schwarzenegger. McCain, however, may be a foreign born citizen given his birth in the Canal Zone. Continue reading ‘Does John McCain Have an Alexander Hamilton Problem? A Constitutional Challenge May Loom Over McCain’s Eligibility for President’
Sacrebleu! The French Win Before European Court in Ban on Red Bull
Published 1, February 28, 2008 Bizarre , Society 4 CommentsIt appears that the French believe that caffeine should only be delivered to tourists in small espresso cups in large numbers on the Champs-Elysées. The French government has banned Red Bull as dangerous to public health and the European Court of Justice said that it could do so. However, the Court ordered France to lift the ban until it could prove those dangers. Continue reading ‘Sacrebleu! The French Win Before European Court in Ban on Red Bull’
Michigan Supreme Court Unanimously Rejects Appeals of Detriot Mayor Kwame Kilpatrick
Published 1, February 28, 2008 Criminal law , Politics , Society , Torts 1 CommentDetroit Mayor Kwame Kilpatrick has been trying hard — and spending millions in public funds — to bury a scandal related to his affair with a former aide. The most recent defeat for Kilpatrick came yesterday when the Supreme Court ruled that documents from a civil case could be made public — adding more evidence of Kilpatrick’s cover-up of an affair with his chief of staff Christine Beatty. Continue reading ‘Michigan Supreme Court Unanimously Rejects Appeals of Detriot Mayor Kwame Kilpatrick’
Congress Refers Clemens Matter to the Justice Department for Criminal Investigation
Published 1, February 27, 2008 Congress , Criminal law , Justice , Lawyering , Society 15 CommentsRoger Clemens’ decision to testify before Congress without immunity was a considerable risk designed to protect his legacy. He may now lose both his legacy and his liberty. House Oversight and Government Reform Committee chairman Henry Waxman and ranking Republican Tom Davis sent a letter to Attorney General Michael Mukasey asking for a criminal investigation into whether Clemens gave false information to Congress in the investigation in to the use of performance enhancing drugs. Continue reading ‘Congress Refers Clemens Matter to the Justice Department for Criminal Investigation’
South Carolina Moves Against Successful Jail House Lawyer While Allowing Unsuccessful Bar Applicants to Become Lawyers
Published 1, February 27, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Lawyering , Society , Supreme Court 9 CommentsMichael Ray, a federal inmate, could rightfully claim some confusion. A “jailhouse lawyer,” Ray convinced the United States Supreme Court to accept an important prisoner case this term — an achievement unmatched by the vast majority of practicing lawyers. Now, however, the South Carolina State Attorney General is reportedly investigating Ray for possible charges of practicing without a license. What is particularly curious is that this is the same state that recently admitted well-connected applicants for the bar after they flunked the exam. South Carolina appears to have entered some parallel universe where success in the law is failure while failure in the law is success. Continue reading ‘South Carolina Moves Against Successful Jail House Lawyer While Allowing Unsuccessful Bar Applicants to Become Lawyers’
China Solves Lake Pollution: Feed Pollution to Fish Then Eat the Fish
Published 1, February 27, 2008 Bizarre , Environment , Society 1 CommentThose brilliant environmentalists in the Chinese regime that brought us the Three Gorges Dam and cancer villages have come up with another breakthrough idea. Faced with soaring pollution in lakes like Chau Hu (Lake Chao), the Chinese government is introducing silver carp to eat the toxic algae chocking the lake. It will then feed the toxic-algae fed fish to Chinese citizens as food. Continue reading ‘China Solves Lake Pollution: Feed Pollution to Fish Then Eat the Fish’
Saudi Coffee Police Strike Again: Professor Sentenced to Prison and 180 Lashes for Having Coffee With Student
Published 1, February 27, 2008 Bizarre , Criminal law , Justice , Society 9 CommentsOnly recently, the Saudi police arrested an American businesswoman who sat down at a Starbucks next to a man who was not a family member. Now, a university professor has been sentenced to eight months in jail and 180 lashes for having coffee with a female student in Saudi Arabia. He was arrested by the religious police for being in a state of khulwa – seclusion – with an unrelated female. Continue reading ‘Saudi Coffee Police Strike Again: Professor Sentenced to Prison and 180 Lashes for Having Coffee With Student’
California Court Jails Woman Who Made False Rape Claim
Published 1, February 27, 2008 Bizarre , Justice , Lawyering , Society 1 CommentKaryn Galila, 24, has been given a 90 day jail sentence for her false report of being raped at gun point by five men in San Mateo, California. What is most striking about this story is the lack of consistency in the treatment of such false accounts, particularly the refusal of prosecutors to pursue charges against the two women behind the false rape charges in the Duke Lacrosse case. Continue reading ‘California Court Jails Woman Who Made False Rape Claim’
Where the Antelope and Super Trains Do Not Play: Chinese Admit to Doctoring Award-Winning Photograph
Published 1, February 27, 2008 Bizarre , Environment , Politics , Society 1 CommentThe Chinese government has been heralding its “train to the roof of the world,” the $4 billion Qinghai-Xizang railway to the Tibetan plains that is the latest flash point with environmentalists. Environmentalists objected on various grounds to the project, including its destruction of pristine areas and specific threat to the struggling Chinese antelope. The concerns for both were quickly extinguished with a remarkable picture of antelope gingerly running under the elevated tracks of the train in an otherwise perfect nature scene. The only problem is that Liu Weiqing’s photograph (which won various awards) is a fake. Continue reading ‘Where the Antelope and Super Trains Do Not Play: Chinese Admit to Doctoring Award-Winning Photograph’
The Tortura De Bush and the Administration’s Taste for Khmer-Style Waterboarding
Published 1, February 27, 2008 Columns , Congress , Constitutional Law , Criminal law , Justice , Lawyering , Politics , Society 20 CommentsA Tortured Defense;
The guessing game is over. We know the U.S. government OK’d and utilized waterboarding. So what — if anything — are we going to do about it? Continue reading ‘The Tortura De Bush and the Administration’s Taste for Khmer-Style Waterboarding’
Just Kidding: Seinfeld Moves to Dismiss Lawsuit
Published 1, February 26, 2008 Bizarre , Lawyering , Media , Society , Torts 1 CommentJerry Seinfeld has asked a judge to dismiss a lawsuit filed by Missy Chase Lapine over comments made about her on national television. Seinfeld insists that he was just joking, but the laugh could be on him under the standard for such pre-trial dismissal. Continue reading ‘Just Kidding: Seinfeld Moves to Dismiss Lawsuit’
Video: Criminal Charges Filed After School Bus Video Shows Fight Between Bus Driver and Students
Published 1, February 26, 2008 Academics , Bizarre , Criminal law , Society , Torts Leave a CommentArizona Bus driver Kim Sullivan has been charged with aggravated assault and disorderly conduct after the video below was shown to authorities. On the video, Sullivan is shown in a full hair-pulling wrestling match with a student. Three students were also charged. It seems likely that civil litigation will likely result from the controversy. Continue reading ‘Video: Criminal Charges Filed After School Bus Video Shows Fight Between Bus Driver and Students’
Scientists Establish the End of the World as Starbucks Stops Serving Coffee
Published 1, February 26, 2008 Bizarre , Society 4 CommentsTwo unsettling announcements were made today. Scientists have determined the precise date for the end of the world while Starbucks has announced that it will stop serving coffee for THREE HOURS today. Breathe, breathe, . . . now panic. Continue reading ‘Scientists Establish the End of the World as Starbucks Stops Serving Coffee’
Chumming for Torts: Tourist Killed by Sharks After Company Chums Water with Fish Parts
Published 1, February 26, 2008 Bizarre , Environment , Society , Torts 5 CommentsAn Austrian lawyer, Markus Groh, 49, was killed near the Bahamas after being attacked by a shark. The tourist boat, Shear Water, of Riviera Beach-based Scuba Adventures, routinely chums the water with fish blood and parts to attract sharks — then invites tourists to dive among them. It raises some interesting torts questions. Continue reading ‘Chumming for Torts: Tourist Killed by Sharks After Company Chums Water with Fish Parts’
Taser Use Drops After Ottawa Introduces “Responsibility Pay”
Published 1, February 26, 2008 Criminal law , Society 5 CommentsAn interesting story on tasers has come out of Canada. In Ottawa, the police department instituted special “responsibility pay” if they regularly took a course on the proper use of force. The result appears to be a sharp drop in the use of force and tasers. Continue reading ‘Taser Use Drops After Ottawa Introduces “Responsibility Pay”’
Top Bush Official Resigns After Reports that He Demanded Only Convictions from the Military Tribunals
Published 1, February 26, 2008 Congress , Constitutional Law , Criminal law , Justice , Lawyering , Military , Politics , Society 13 CommentsDefense Department General Counsel William Haynes has resigned after a disclosure by the former chief prosecutor for the Guantanamo military commissions, Col. Morris Davis, involving Haynes’ view of the true function of the military trials: to blindly impose guilty verdicts. Davis revealed that Haynes insisted that the military tribunals only produce convictions and no acquittals — leading to the demand of various military lawyers to be transferred. Haynes is the very same person that the White House and GOP fought to be made a federal judge. Continue reading ‘Top Bush Official Resigns After Reports that He Demanded Only Convictions from the Military Tribunals’
Asinine with Canine in the First Degree: Man Charged with Animal Cruelty for Swearing at Police Dog
Published 1, February 26, 2008 Bizarre , Criminal law , Society 6 CommentsPolice in Florida have arrested Moses Rogers, Jr., 28, with cruelty to animals charge for yelling at a police dog in a patrol vehicle. It appears that the dog was deeply offended or agitated by the encounter. Continue reading ‘Asinine with Canine in the First Degree: Man Charged with Animal Cruelty for Swearing at Police Dog’
Government’s Account of Al Qaeda Using Two Down Syndrome Women as Bombers Debunked
Published 1, February 26, 2008 Bizarre , Military , Politics , Society 2 CommentsRemember the horrific accounts of how Al Qaeda used two women with Down Syndrome to carry out attacks killing roughly 100 people in Baghdad in February? It turns out that there is no evidence that they had any physical or mental ailments and may not have any connection to Al Qaeda. It turns out the the account of the Down syndrome bombers was traced to Iraqi officials who reportedly based their view on the appearance of the women’ heads – which had been severed in the blasts. Continue reading ‘Government’s Account of Al Qaeda Using Two Down Syndrome Women as Bombers Debunked’
Moussaoui Returns: Appeal Claims Violations of His Sixth Amendment Rights
Published 1, February 26, 2008 Constitutional Law , Criminal law , Justice , Lawyering Leave a CommentZacarias Moussaoui is back. The self-confessed terrorist has filed an appeal with the United States Court of Appeal for the Fourth Circuit, contesting the trial court’s refusal to give him his choice of lawyers and the denial of information to him in his defense. While it is extremely unlikely that he will prevail in the Fourth Circuit, the arguments being made by Arnold and Porter are not nearly as crazy as their client. Continue reading ‘Moussaoui Returns: Appeal Claims Violations of His Sixth Amendment Rights’
Video: Elmo Threatens to Kill Toddler
Published 1, February 25, 2008 Bizarre , Society , Torts 8 CommentsIt appears that Elmo is past tickling and moving on to busting a cap in the head of toddlers who mess with him. A family has an interesting complaint against Fisher-Price: Elmo says he want to kill their son, James — as clearly shown on this video. Continue reading ‘Video: Elmo Threatens to Kill Toddler’
Mistakes on a Plane: American Airlines Faces Likely Lawsuit Over Refusal to Give Dying Woman Oxygen and Then Using Empty Tanks
Published 1, February 25, 2008 Bizarre , Society , Torts 3 CommentsAmerican Airlines is looking as a likely lawsuit after a series of mishaps and mistakes on a flight from Haiti to New York. After refusing repeated requests for oxygen from a sick woman, Carine Desir, the airline crew then used faulty equipment and empty oxygen tanks to treat her. She died on the flight. Continue reading ‘Mistakes on a Plane: American Airlines Faces Likely Lawsuit Over Refusal to Give Dying Woman Oxygen and Then Using Empty Tanks’
Administration Backs Off Claim of Imminent National Security Threat in Bid to Get Immunity for Telecom Companies
Published 1, February 25, 2008 Congress , Constitutional Law , Criminal law , Justice , Society 12 CommentsAfter proclaiming that the nation’s security was in imminent danger due to the refusal to give telecommunication companies immunity, the Bush Administration has backed off the claim and now says that there has been no interruption in intelligence. Nevertheless, the Administration has continued to argue that that it is ultimately a choice between giving financial protection to corporations or risk a massive terrorist attack. Continue reading ‘Administration Backs Off Claim of Imminent National Security Threat in Bid to Get Immunity for Telecom Companies’
Cover-up Exposed: Court Rules that First Amendment Protects Artist’s Depiction of Seminude Eve
Published 1, February 24, 2008 Bizarre , Constitutional Law , Politics , Society 3 CommentsMichigan artist Edward Stross thought that he was painting a classic when he used exteriro wall of his studio as the backdrop for Michelangelo’s “Creation of Man.” The problem was not Adam, but (once again) Eve — or at least her exposed breast. In a legal case with biblical dimensions, it appears that both Adam and Edward were undone by Eve until a Michigan appellate court ruled that the city of Roseville could not force a cover-up. Continue reading ‘Cover-up Exposed: Court Rules that First Amendment Protects Artist’s Depiction of Seminude Eve’
Wife Pleads Guilty in Case of Assault by Wasp Case
Published 1, February 24, 2008 Bizarre , Criminal law , Justice , Politics , Society 2 CommentsAngela Nellany has pleaded no contest to assault with a deadly weapon in California . The alleged weapon: a can of wasps. Despite the testimony of a man who alleged that Nellany tried to hire her to kill her estranged husband, Paul Nellany, and testimony on the attempt to use a can of wasps (Paul is highly allergic), she did not admit guilt in her plea and will receive only a few more months of prison on a two-year sentence. Continue reading ‘Wife Pleads Guilty in Case of Assault by Wasp Case’
Environmental Group Films Outrages in Chinese Zoos
Published 1, February 24, 2008 Bizarre , Environment , Society 1 CommentAn environmental group called OneVoice has started an international campaign to highlight the horrible treatment of animals in Chinese zoos that range from using tortoises for target practice with coins to forcing bears to don boxing gloves and to punch each other. Continue reading ‘Environmental Group Films Outrages in Chinese Zoos’
Federal Law Compels States to Register Minors on Sex Offender Registry
Published 1, February 24, 2008 Congress , Criminal law , Justice , Politics , Society , Supreme Court 7 CommentsThe fact that Jamie Lee Spears became pregnant as a minor is generally treated as an entertainment story rather than a case of child molestation for her adult boyfriend. However, even minors are now being subject to registration as sexual predators for fondling and other sexual acts with other minors under a federal law passed with the support of various members, including disgraced ex-Rep. Mark Foley (R. Fla). It is the called the Adam Walsh Child Protection and Safety Act of 2006 and various states are now being compelled to put juvenile names into the system over the objections of many child advocates. Continue reading ‘Federal Law Compels States to Register Minors on Sex Offender Registry’
Jefferson Trial Suspended Pending Appeal
Published 1, February 23, 2008 Congress , Constitutional Law , Criminal law , Justice , Lawyering , Politics Leave a CommentU.S. District Judge suspended the trial date for U.S. Rep. William Jefferson pending his appeal. Jefferson has filed a novel challenge over the use of privileged material in the grand jury that led to his indictment on corruption charges. Continue reading ‘Jefferson Trial Suspended Pending Appeal’
No Crime, Just Bad Counsel? Justice Department Conducts Internal Ethics Review on the Torture Memos
Published 1, February 23, 2008 Congress , Constitutional Law , Criminal law , Justice , Politics , Society 6 CommentsDespite confirmation of waterboarding by the Administration and the existence of a torture program, Attorney Michael Mukasey continues to refuse to acknowledge that waterboarding is a crime and has blocked any criminal investigation that would implicate the President in the commission of a war crime. Now, Democrats are heralding an internal investigation that promises nothing beyond a low-grade ethics review with no likely action against individual lawyers. Continue reading ‘No Crime, Just Bad Counsel? Justice Department Conducts Internal Ethics Review on the Torture Memos’
Video Allegedly Show Police Planting Drugs on Suspect After Allowing Dog to Attack Him Without Cause
Published 1, February 23, 2008 Bizarre , Criminal law , Justice , Society , Torts 3 CommentsThe police department in Cookeville, Tennessee, is facing a very serious charge in a lawsuit alleging that its officers first used a police dog to attack a suspect, Carlos Ferell, without cause and then plant drugs on him. The scene is captured on this video — as well as officers mocking Ferell once the drugs are pulled from his pocket. Continue reading ‘Video Allegedly Show Police Planting Drugs on Suspect After Allowing Dog to Attack Him Without Cause’
The Dilbert Doctrine: Employer Wrongly Fired Employee for Posting Cartoon
Published 1, February 23, 2008 Bizarre , Society 37 CommentsCartoon do not usually make for legal doctrine, but then again most employers can recognize a joke. The managers of Catfish Bend Casino, however, seemed to lack an sense of humor or sense of perspective. They fired Dave Steward, a former security supervisor, for simply posting a Dilbert cartoon — a termination found by a judge to be without cause. Continue reading ‘The Dilbert Doctrine: Employer Wrongly Fired Employee for Posting Cartoon’
Video of Bush’s African Dance Triggers Call for Ban on Presidential Dancing Outside of Controlled Formal Balls
Published 1, February 22, 2008 Bizarre , Constitutional Law , Politics , Society 13 CommentsOk, I am the only one suggesting it. However, the video below should strongly support a ban on further impromptu presidential dancing. Continue reading ‘Video of Bush’s African Dance Triggers Call for Ban on Presidential Dancing Outside of Controlled Formal Balls’
Beware of 11-Year-Olds with Cameras: Pictures Reportedly Contradict Testimony of Roger Clemens
Published 1, February 22, 2008 Congress , Criminal law , Justice , Lawyering , Politics , Society , Torts 5 CommentsAn eleven-year-old boy may have just struck out pitching legend Roger Clemens. Photos have surfaced from a party given by Jose Canseco in 1998 — taken by one of the children. They purportedly show Clemens at the party, which Clemens vehemently denied in sworn testimony in hearings on the use of performance-enhancing drugs in baseball. Baseball legend Jose Canseco may also be at risk in this disclosure. Continue reading ‘Beware of 11-Year-Olds with Cameras: Pictures Reportedly Contradict Testimony of Roger Clemens’
Arizona Rep. Rick Renzi Indicted for Fraud and Other Charges
Published 1, February 22, 2008 Congress , Criminal law , Justice , Politics 2 CommentsGOP Rep. Rick Renzi (Ariz.) has been indicted on charges of fraud in questionable land deals as well as money laundering. The former member of the House Intelligence Committee faces a very stiff challenge given the specificity of this indictment. Continue reading ‘Arizona Rep. Rick Renzi Indicted for Fraud and Other Charges’
Lions Gone Wild: Another Video of Big Cat Bonding with Humans
Published 1, February 22, 2008 Environment , Society 6 CommentsI know that I am a sucker for this stuff, but this video rivals the early bonding scene in Columbia. This could well become an alternative to When Animals Attack. I am not sure if When Lions Hug will hold as much of an audience, but I am sure there is some television producers working on that question at this very moment. Continue reading ‘Lions Gone Wild: Another Video of Big Cat Bonding with Humans’
Arkansas Police Officer Allegedly Films His Use of a Stun Gun on Cow
Published 1, February 22, 2008 Criminal law , Environment , Lawyering , Society 5 CommentsArkansas Lt. David Mitchell is accused of filmed himself using a stun gun on a cow as his colleague laugh at the abuse of the animal. He will not be criminally charged. Continue reading ‘Arkansas Police Officer Allegedly Films His Use of a Stun Gun on Cow’
Columbia Professor in Noose Controversy Sanctioned for Plagiarism
Published 1, February 22, 2008 Academics , Bizarre , Society 1 CommentMadonna Constantine, professor of psychology and education at Columbia’s Teachers College, has been sanctioned for plagiarism. Constantine was previously involved in a controversy over a noose found on her door. Continue reading ‘Columbia Professor in Noose Controversy Sanctioned for Plagiarism’
Disgraced San Antonio Lawyer Mary Roberts Avoids Jail in Sex-Blackmail Case
Published 1, February 22, 2008 Criminal law , Justice , Lawyering , Society 1 CommentIn a surprising decision, convicted attorney Mary S. Roberts received no jail time for her convictions of theft in a sordid sex/blackmail scheme with her husband, lawyer Ted H. Roberts. She received 10 years probation despite the fact that her husband received five years and she faced a maximum of 20 years in prison. The sentence seems rather inconsistent with her husband and a bit light given the multiple count conviction in this case. Continue reading ‘Disgraced San Antonio Lawyer Mary Roberts Avoids Jail in Sex-Blackmail Case’
Why Subintelligence and High Voltage Do Not Mix: Wisconsin Father and Son Arrested After Police View YouTube Video of Them Stunning Each Other with Stolen Police Taser
Published 1, February 22, 2008 Bizarre , Criminal law , Society 3 CommentsIt can be honestly said that the apple did not fall far from the tree in the case of father and son team Paul M. Crowell, 22, and his father, Paul J. Dupey, 41. Both demonstrated a room temperature IQ when they first stole allegedly stole a police taser gun and then took turns stunning each other for a YouTube video. They are now facing criminal charges. Continue reading ‘Why Subintelligence and High Voltage Do Not Mix: Wisconsin Father and Son Arrested After Police View YouTube Video of Them Stunning Each Other with Stolen Police Taser’
Karl Rove Accused of Trying to Solicit Sexually Compromising Pictures of Democrat
Published 1, February 22, 2008 Bizarre , Politics , Society 15 CommentsKarl Rove has been accused by Republican operative in Alabama of asking her to procure sexually compromising pictures of Alabama’s Democratic governor Don Siegelman. Jill Simpson’s allegations are particularly interesting because Siegelman was eventually convicted for bribery in a case that has drawn considerable criticism that it was politically motivated. However, the case against Siegelman was based on some very damaging testimony of a pay-to-play culture in his office. The new allegations are likely to increase calls for a renewed investigation. Continue reading ‘Karl Rove Accused of Trying to Solicit Sexually Compromising Pictures of Democrat’
Abused Girl Sues ABC for Over Filming of Her Beating by Step Father
Published 1, February 21, 2008 Constitutional Law , Justice , Lawyering , Media , Society , Torts 4 CommentsA New York woman has filed in interesting torts case against ABC News over a “Primetime” segment called “Stepfamilies in Crisis.” On the 2006 segment , ABC showed Kyle Nelson, then 15, being held down and punched by her stepfather Joe Nelson. She is now suing the network for failing to intervene and invasion of privacy, among other torts. Continue reading ‘Abused Girl Sues ABC for Over Filming of Her Beating by Step Father’
I cannot find any reason to post this video of an African lion greeting his rescuer in Columbia. There is not a single legal, social, policy or political element. It is just pretty darn cute. Continue reading ‘Video: Lion Embraces Rescuer’
Open for Business: Roberts Court Delivers Another Victory for Business in a Major Torts Ruling
Published 1, February 21, 2008 Academics , Congress , Constitutional Law , Justice , Lawyering , Supreme Court , Torts 7 CommentsAs the legacy of the Roberts Court has started to form over the last few years, one of its most pronounced trends has been a highly pro-business bent. This trend continues this term with a series of rulings, including a very significant ruling in favor of medical manufacturers on the question of federal preemption in torts in Riegel v. Medtronic. Continue reading ‘Open for Business: Roberts Court Delivers Another Victory for Business in a Major Torts Ruling’
Rep. Jefferson Files Appeal to Challenge Counts in His Criminal Indictment
Published 1, February 21, 2008 Congress , Constitutional Law , Criminal law , Justice , Politics , Society , Supreme Court 3 CommentsRep. William Jefferson filed an appeal on Wednesday to the Fourth Circuit to challenge 14 of 16 charges against him. The appeal could delay the prosecution for months. Continue reading ‘Rep. Jefferson Files Appeal to Challenge Counts in His Criminal Indictment’
Duke Lacrosse Players Sue Duke University Over Rape Case
Published 1, February 21, 2008 Academics , Criminal law , Justice , Lawyering , Politics , Society , Torts 6 CommentsMore than three dozen current and former lacrosse players at Duke have sued the University for its actions during the infamous rape case. They have grounds for the lawsuit after the University discarded every principle of legal process and fairness to join the mob against its own students. Continue reading ‘Duke Lacrosse Players Sue Duke University Over Rape Case’
Supreme Court Justices Rule Against Faux TV Judge: “Judge Alex” Loses Contractual Case 8-1
Published 1, February 20, 2008 Justice , Lawyering , Society , Supreme Court 3 CommentsA week after he was criticized by his state supreme court on a matter of judicial ethics, faux TV judge Alex Ferrer (aka “Judge Alex”) lost handily before real jurists on the Supreme Court. With a 8-1 ruling, Judge Alex can claim to have brought a rare degree of near unanimity on the divided Court in rejecting his legal claims. Continue reading ‘Supreme Court Justices Rule Against Faux TV Judge: “Judge Alex” Loses Contractual Case 8-1′
Sen. Stevens is Accused AGAIN of Earmarking Money in a Sweetheart Deal for Friends
Published 1, February 20, 2008 Congress , Criminal law , Politics , Society 1 CommentSen. Ted Stevens (R, Alaska) has long been criticized by good government advocates for his practice of earmarking money to help family and friends — not to mention his notorious fight to give hundreds of millions of dollars to build “the bridge to nowhere.” While he has been under continual scrutiny and criticism for some of his shady dealings, it has not stopped his effort to direct money from public coffers to friends. In 2005, Stevens forced through an earmark of $1.6 million that allegedly guaranteed the purchase of property by his former aide, Trevor McCabe, an Anchorage fisheries lobbyist. Continue reading ‘Sen. Stevens is Accused AGAIN of Earmarking Money in a Sweetheart Deal for Friends’
Maryland Police Officer Tasers High School Student After Allegedly Being Ordered Twice Not to Do So
Published 1, February 20, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Society , Torts 1 CommentAnother taser abuse allegation has surfaced in an incident outside of a Maryland gym. A small altercation broke out after a basketball game — a not uncommon occurrence. Parents and officers were separating the youths when Deputy Anthony Lenzi allegedly shot Brandon Bennett in the chest –against direct orders by a superior. Continue reading ‘Maryland Police Officer Tasers High School Student After Allegedly Being Ordered Twice Not to Do So’
Video: Police Officer Turns Off Video Before Woman is Found in a Pool of Blood
Published 1, February 20, 2008 Criminal law , Justice , Lawyering , Society , Torts 17 CommentsThe use of videos to record custodial conditions and arrests has yielded some surprising evidence of abuse over the years. However, this video is perhaps more chilling for what was not filmed. Shreveport, LA Officer Wiley Willis is shown clearly getting angry with Angie Garbarino, who was arrested on suspicion of drunk driving. After roughly handling Garbarino, Willis is shown turned off the video. When it is again turned on, Garbarino is shown lying in a pool of her own blood. Continue reading ‘Video: Police Officer Turns Off Video Before Woman is Found in a Pool of Blood’
Lattes and Lashes: Saudi Religious Police Defend Their Arrest of American Woman Who Sat Next to a Man at a Starbucks
Published 1, February 19, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Politics , Religion , Society 8 CommentsSaudi Arabia’s legal system has long been a nightmare for civil libertarians and anyone on this side of the dark ages. However, in the face of the arrest and coerced confession of an American businesswoman for sitting next to man at Starbucks (who was not a relative), the religious police is defending its action in the case. It appears that it was the woman’s fault entirely for committing the offense to Islam — a helpful clarification from those who bring us weekly examples of why the separation of church and state is so essential for liberty. Continue reading ‘Lattes and Lashes: Saudi Religious Police Defend Their Arrest of American Woman Who Sat Next to a Man at a Starbucks’
Free Press: Journalist Sentenced to Three Years Hard Labor for Publishing Cartoons of Muhammad
Published 1, February 19, 2008 Bizarre , Constitutional Law , Justice , Media , Politics , Society 1 CommentBelarus has long been a dangerous place for both free speech and a free press. However, many gasped when a court sentenced journalist Aleksandr Sdvizhkov to three years hard labor for publishing the cartoons of Muhammad that led to worldwide protests. This follows an equally abusive decision of the government to shutdown his newspaper, Zgoda (Consensus), over the incident. Continue reading ‘Free Press: Journalist Sentenced to Three Years Hard Labor for Publishing Cartoons of Muhammad’
Federal Judge Resigns After Arrest for DUI
Published 1, February 19, 2008 Bizarre , Justice , Lawyering , Politics , Society 5 CommentsA Bush appointed federal bankruptcy judge was arrested for driving drunk and has resigned. A torrent of coverage followed the arrest after it was disclosed that Judge Robert Somma, 63, was dressed as a woman at the time of the accident. The case raises some questions over the treatment of judges who follow alternative lifestyles. Continue reading ‘Federal Judge Resigns After Arrest for DUI’
Two Army Colonels Accused of Identity Switch to Avoid Paternity Case
Published 1, February 19, 2008 Bizarre , Criminal law , Society 1 CommentTwo Army Colonels at the Army War College are facing criminal charges in a perfectly bizarre effort to allegedly switch identities to avoid paternity payments. Col. Scott Carlson, 51, allegedly wanted to avoid paying additional paternity payments for a child with a Virginia woman. So, Bruce Adkins allegedly showed up at a paternity test center, claimed to be Carlson, and asked to take the test. They now face charges of tampering with public records, tampering with evidence, forgery, theft and obstruction of justice. Continue reading ‘Two Army Colonels Accused of Identity Switch to Avoid Paternity Case’
Cubic Zirconias are a Boy’s Best Friend: Husband Wins Prenup Challenge After Disclosure that Engagement Ring is a Fake Diamond
Published 1, February 19, 2008 Bizarre , Lawyering , Society 5 CommentsWen Louis Porreco married his ex-wife Susan Porreco, the Erie, Pa. auto dealer insisted that she sign a prenuptial agreement that guaranteed her only $3,500 for each year that they were married — a total of $50,000 (for ten years of marriage plus some other marital value). She claims, however, that she was counting on the fact that Louis had given her a fat a 4-carat marquis-cut diamond worth at least $21,000. It turns out worth pennies. It was cubic zirconia. After winning in the an action to set aside the agreement due to fraud (and potentially claim more than $1 million), Susan lost before the Superior Court that held that it was her duty to confirm the value of the ring. Continue reading ‘Cubic Zirconias are a Boy’s Best Friend: Husband Wins Prenup Challenge After Disclosure that Engagement Ring is a Fake Diamond’
Police Allegedly Warned Victim Not to Call Again About Violent Boyfriend — Before She Was Killed
Published 1, February 19, 2008 Bizarre , Criminal law , Lawyering , Society , Torts 1 CommentA case in Central Florida could present an interesting tort claim. Natasha Hall, 17, repeatedly called the local police about her violent ex-boyfriend and her fears that he was going to harm her. The police allegedly told her that if she called again about the boyfriend, they would arrest her. She didn’t call again. Clay Coffner killed her and then himself. Continue reading ‘Police Allegedly Warned Victim Not to Call Again About Violent Boyfriend — Before She Was Killed’
Too Clever By Half: The Constitutional Argument Against the Current Voting Bill for the District of Columbia
Published 1, February 18, 2008 Congress , Constitutional Law , Lawyering , Politics , Society , Supreme Court , Testimony 23 CommentsThe current legislation to give the District of Columbia a vote in the House of Representatives has no shortage of passion behind it. Indeed, after testifying repeatedly that this legislation is unconstitutional, I have felt my share of that passion turned to anger. It has been an ironic position for me, because I strongly believe that District residents should be allowed to vote in Congress and I have many close friends on the other side of this debate. Indeed, I supported greater (and permanent) representation — as opposed to his partial representation plan. To that end, I have published a lengthy law review article below explaining why I believe that the law is flawed and why there are better option for the city. Continue reading ‘Too Clever By Half: The Constitutional Argument Against the Current Voting Bill for the District of Columbia’
You’ve Got Mail — and a Subpoena — Emails and Text Messaging At the Center of Scandals in Michigan and Texas
Published 1, February 18, 2008 Bizarre , Criminal law , Justice , Lawyering , Politics 1 CommentEmails and text-messages have now brought down one of the most powerful prosecutors in the country and may soon lead to criminal charges against the Mayor of Detroit. Harris County District Attorney Chuck Rosenthal resigned this week after his emails were revealed in a police abuse case. In the meantime, Detroit Mayor Kwame Kilpatrick has appealed the release of his text messages in a case involving police whistleblowers. He has asked the Michigan Supreme Court to protect what remains of his privacy and political future. It is death by blackberry and plenty are politicians across the country are watching and wincing at the scandals. Continue reading ‘You’ve Got Mail — and a Subpoena — Emails and Text Messaging At the Center of Scandals in Michigan and Texas’
Latest Defense of Bush Torture Program: Not As Bad as Spanish Inquisition; More Like Khmer Rouge
Published 1, February 18, 2008 Bizarre , Congress , Criminal law , Justice , Lawyering , Politics , Society 11 CommentsTags: If
Steven G. Bradbury, the acting chief of the Justice Department’s Office of Legal Counsel, offered one of the most detailed defenses of waterboarding by the Administration to date. In a bizarre twist, he insisted that the Administration was less like the Spanish Inquisition and more like the Khmer Rouge in its particularly version of the torture technique. Of course, his distinction would be lost on all but torture affectionados and, of course, Democrat and Republican members desperately trying to avoid a criminal investigation. Continue reading ‘Latest Defense of Bush Torture Program: Not As Bad as Spanish Inquisition; More Like Khmer Rouge’
Mining for Justice(s): West Virginia Scandal Erupts Over Mining Company Influence
Published 1, February 18, 2008 Bizarre , Justice , Lawyering , Politics , Society , Supreme Court 4 CommentsIn West Virginia, coal is king and many are suggesting that its reach extends into the very chambers of the state’s highest court. An interesting fight is brewing in state and federal courts over allegations of bias for and against a leading coal company, Massey Coal. Supreme Court Justice Larry Starcher has already recused himself under demands from Massey while he has accused other justices of having far greater bias in favor of the company and its executives. Continue reading ‘Mining for Justice(s): West Virginia Scandal Erupts Over Mining Company Influence’
Freedom of Speech . . . and Freedom from Knowledge: Only One in 1000 Americans Polled Could Name the Five Freedoms of the First Amendment
Published 1, February 17, 2008 Academics , Bizarre , Constitutional Law , Media , Society 26 CommentsTags: fth
A recent survey in Chicago shows that only one in four Americans can name more than one of the five freedoms contained in the first amendment. Only one in a thousand could name all of the freedoms. However, more than half can name at least two members of the Simpson family. Doh! Of course, Homer, Marge, Lisa, Bart and the rest of the characters are not devoid of constitutional significance, as discussed below. Continue reading ‘Freedom of Speech . . . and Freedom from Knowledge: Only One in 1000 Americans Polled Could Name the Five Freedoms of the First Amendment’
Video Captures Police Officer Arresting Firefighter For Not Moving Truck While Rescuing Driver
Published 1, February 17, 2008 Bizarre , Criminal law , Justice , Society Leave a CommentOfficer Todd Greeves appears to take traffic very seriously. so, when fire fighters were trying to move an injured driver, he demanded that they move their truck. When they refused, he arrested the fire captain. He will now have to pay $18,000 for the incident on in May of 2003. For the video, click here
Clinton Aide Harold Ickes Predicts that Superdelegates with Give Clinton the Nomination Even If Obama Wins Remainder of Primaries
Published 1, February 16, 2008 Lawyering , Politics , Society 5 CommentsJust as democratic leaders are assuring voters that they will not pick the next nominee as superdelegates, top Clinton Aide Harold Ickes has called the primaries “irrelevant” for the outcome and predicted that party leaders would give her the nomination regardless of losing any future primaries. At the same time, he has called for the delegates in Florida and Michigan to be seated despite the fact that the other candidates did not campaign in those states under an agreement with the party — an agreement that Clinton herself accepted before the race became so close. Continue reading ‘Clinton Aide Harold Ickes Predicts that Superdelegates with Give Clinton the Nomination Even If Obama Wins Remainder of Primaries’
Detroit Mayoral Aide Accuses Monica Conyers — City Council President Pro Tem and Wife of Rep. John Conyers — with Criminal Threats
Published 1, February 16, 2008 Bizarre , Congress , Politics , Society 1 CommentDetroit seems to be entering some parallel universe of politics. With the on-going sordid mess over the possible perjury of Mayor Kwame Kilpatrick still in the news, an aide to Kilpatrick has filed a formal criminal complaint against Monica Conyers, the City Council president pro tem and wife of U.S. Rep. (and House Judiciary Chairman) John Conyers, for allegedly threatened to get a gun and shoot him. Her spokesman insisted that she was the one wronged in the encounter with aide DeDan Milton. Continue reading ‘Detroit Mayoral Aide Accuses Monica Conyers — City Council President Pro Tem and Wife of Rep. John Conyers — with Criminal Threats’
Deputy Sheriff Charged in Abusing Disabled Man By Dumping Him to the Floor — As Captured by Video
Published 1, February 16, 2008 Constitutional Law , Criminal law , Justice , Society Leave a CommentHillsborough County Deputy Charlette Marshall-Jones, 44, has been criminally charged with dumping a paralyzed man from a wheelchair in a shocking video from the county jail. Brian Sterner, 32, was paralyzed in a 1994 wrestling accident and is shown on the video being dumped to the floor by the officer. Continue reading ‘Deputy Sheriff Charged in Abusing Disabled Man By Dumping Him to the Floor — As Captured by Video’
House Defies Bush: Allows Surveillance Law Expire
Published 1, February 16, 2008 Congress , Constitutional Law , Criminal law , Justice 15 CommentsAn astonishing thing happened yesterday, one of the houses of Congress actually stood on principle and refused to cave to the demands of the President to give telecom companies immunity or face imminent annihilation. The question is whether this is a true commitment or just political theater. Continue reading ‘House Defies Bush: Allows Surveillance Law Expire’
Washington Buzzing About A Presidential Pardon for Roger Clemens
Published 1, February 15, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Lawyering , Politics , Society 2 CommentsThe attorney for Brian McNamee, Richard Emery, started a firestorm over his suggestion that Roger Clemens could receive a pardon from President Bush if accused of lying about his alleged use of performance-enhancing drugs. It is possible for the president to grant such a pardon in anticipation of a criminal charge, though it would be an facial abuse of authority. Continue reading ‘Washington Buzzing About A Presidential Pardon for Roger Clemens’
Florida Supreme Court Spanks Television Faux-Jurist “Judge Alex”
Published 1, February 15, 2008 Bizarre , Criminal law , Justice , Lawyering , Politics , Society 1 CommentFormer Circuit Judge Alex Ferrer is again in the news after a recent (and unpromising) appeal to the Supreme Court over a contract dispute. The Florida Supreme Court has heavily criticized the television faux jurist “Judge Alex” for his testimony in a case involving a man who once appeared before him. Judge Alex’s role is related to the case of Noel Doorbal, 36, who received two death sentences from Ferrer for the torture-slayings of a wealthy South Florida couple in 1995. The actual testimony related the prosecution of one of Doorbal’s victims, Marcello Schiller. Continue reading ‘Florida Supreme Court Spanks Television Faux-Jurist “Judge Alex”’
Saudi Woman Convicted of Witchcraft in Latest Horror from the Kingdom of Saudi Arabia’s “Justice” System
Published 1, February 15, 2008 Bizarre , Criminal law , Justice , Lawyering , Politics , Society 2 CommentsWhen the Saudi justice system is not flogging rape victims, it is trying women as witches. It turns out that witchcraft is treated as a catch-all charge for an offense against Islam. She could be executed. Continue reading ‘Saudi Woman Convicted of Witchcraft in Latest Horror from the Kingdom of Saudi Arabia’s “Justice” System’
Fifth Circuit Strikes Down Texas Prohibition on Promotion and Sale of Sex Toys
Published 1, February 14, 2008 Constitutional Law , Criminal law , Justice , Lawyering , Politics , Society , Supreme Court 3 CommentsIt is doubtful that the Fifth Circuit timed the opinion to coincide with Valentine’s Day, but the court has issued a very interesting opinion striking down a Texas law prohibiting the promotion and sale of sex toys. It represents an extension of the precedent in Lawrence v. Texas, striking down a criminal prohibition on homosexual relations. Continue reading ‘Fifth Circuit Strikes Down Texas Prohibition on Promotion and Sale of Sex Toys’
Conyers Moves Contempt Matter Against Meirs and Bolton Toward House Floor
Published 1, February 14, 2008 Congress , Constitutional Law , Criminal law , Justice , Lawyering , Politics , Society , Supreme Court 8 CommentsHouse Judiciary Chairman John Conyers appears to have been able to break the hold on the still pending criminal contempt resolutions against White House chief of staff Joshua Bolten and former White House counsel Harriet Miers. A House vote could trigger another confrontation with Attorney General Michael Mukasey, who has indicated that he will refuse to prosecute the case — not long after telling Conyers that he will also refuse to investigate the crime of torture ordered by the President. Continue reading ‘Conyers Moves Contempt Matter Against Meirs and Bolton Toward House Floor’
Craig Admonished for Bathroom Incident by Senate Ethics Committee
Published 1, February 14, 2008 Bizarre , Congress , Criminal law , Politics , Society 1 CommentAfter a criminal plea, national ridicule, and a failed political career, Senator Larry Craig is probably not quaking after receiving a “letter of admonition” from the Senate Ethics Committee. It was a pathetic effort of his colleagues to appear to be doing something about the scandal despite the fact that there was precious little that involved any official matter. Continue reading ‘Craig Admonished for Bathroom Incident by Senate Ethics Committee’
Scalia Holds Forth on the Proper Use of Torture — As Experts Debate the Propriety of Such Public Statements
Published 1, February 14, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Lawyering , Politics , Society , Supreme Court 6 CommentsJustice Antonin Scalia has long been criticized for his habit of discussing pending issues before the Court and abandoning a long tradition of restraint by justices in their public appearances. His most recent defense of torture in a BBC interview has caused yet another controversy over Scalia’s disturbing lack of self-restraint. Continue reading ‘Scalia Holds Forth on the Proper Use of Torture — As Experts Debate the Propriety of Such Public Statements’
Scalia and the Advent of the Celebrity Justice
Published 1, February 14, 2008 Columns , Constitutional Law , Justice , Lawyering , Politics , Society , Supreme Court 10 CommentsGiven the most recent public controversy involving statements made by Justice Scalia on torture, this prior column may be of some interest: Continue reading ‘Scalia and the Advent of the Celebrity Justice’
Video: Florida Deputy Shown Dumping Quadriplegic Man On to Floor
Published 1, February 13, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Society , Torts 4 CommentsAn investigation has begun into this disturbing video of a Florida deputy dumping a quadriplegic man out of his wheelchair while he is being booked on Jan. 29. Deputy Charlotte Marshall Jones is shown on the video as she cruelly tosses the man, Brian Sterner, 32, out of his wheelchair and on the floor. Continue reading ‘Video: Florida Deputy Shown Dumping Quadriplegic Man On to Floor’
Court Fight: Florida Judges Trade Accusations of Perjury, Threats, and Lies
Published 1, February 13, 2008 Bizarre , Criminal law , Justice , Lawyering , Politics , Society 2 CommentsFlorida judges are in the grips of an expanding scandal involving accusations of perjury, physical threats, and ethical violations. One judge, District Court Judge Michael E. Allen, is facing possible perjury charges and other, Judge Charles J. Kahn is accused of serious breaches of ethics as well as being unstable and injudicious in his personal conduct. Continue reading ‘Court Fight: Florida Judges Trade Accusations of Perjury, Threats, and Lies’
Senate Votes to Give Immunity to Telecom Companies: Hillary Clinton Skips Vote
Published 1, February 13, 2008 Congress , Constitutional Law , Criminal law , Justice , Politics , Society 23 CommentsThe Senate voted today to defeat an amendment by Senator Dodd to strip the FISA bill of immunity for telecommunication companies. It was the latest in a series of perceived betrayals by Democratic voters of their leadership, which helped Sen. Jay Rockefeller guarantee immunity for the companies. Sen. Hillary Clinton did not even show up for the vote, one of the most important civil liberties votes of this Congress. Continue reading ‘Senate Votes to Give Immunity to Telecom Companies: Hillary Clinton Skips Vote’
Video: Baltimore Cop Abuses Teenager Verbally and Physically for Not Showing Enough Respect
Published 1, February 12, 2008 Bizarre , Criminal law , Society , Torts 5 CommentsThis video shows a disturbing moment where a Baltimore police officer goes ballistic after confronting teenagers on the skateboards. He gets increasingly angry and then physical over a lack of respect. Continue reading ‘Video: Baltimore Cop Abuses Teenager Verbally and Physically for Not Showing Enough Respect’
South Dakota Legislators Propose Lowering the Age of Hunters to 10
Published 1, February 12, 2008 Bizarre , Criminal law , Environment , Politics , Society , Torts 4 CommentsWhile you may not be tall enough to ride all of the roller coasters at Disneyland, you may soon be able to take a high-powered rifle into the forest and bang away at animals in South Dakota. The legislature is concerned about a drop in hunting, so it is considering dropping the age for hunters to 10. If this trend continues, South Dakota toddlers may soon be able to lock-and-load with specialized Tickle-Me-Elmo-22 rifles. Continue reading ‘South Dakota Legislators Propose Lowering the Age of Hunters to 10′
Italians Confirm Napoleon Died of Stomach Cancer — A Cover-up for Wallpaper Conspirators?
Published 1, February 12, 2008 Bizarre , Criminal law , Justice , Politics , Society Leave a CommentBritish citizens and wallpaper designers can now walk with the heads high after roughly 200 years of scurrilous claims that they caused the death of Napoleon. The Italians have published results that show that Napoleon did indeed die from stomach cancer and not arsenic poisoning. Continue reading ‘Italians Confirm Napoleon Died of Stomach Cancer — A Cover-up for Wallpaper Conspirators?’
Campaign Starts to Push John Conyers to Begin Impeachment Proceedings — Against the Wishes of Nancy Pelosi
Published 1, February 12, 2008 Congress , Constitutional Law , Justice , Politics , Society 63 CommentsIt has been well-known that Speaker Nancy Pelosi has insisted that there will be no impeachment of President Bush during her term. Activists, however, have reported that John Conyers may be considering confronting Pelosi and starting such proceedings after a meeting in his office. They have started a campaign to show Conyers that he will have the support of the Democratic base, even if he lacks the support of Democratic leadership. Continue reading ‘Campaign Starts to Push John Conyers to Begin Impeachment Proceedings — Against the Wishes of Nancy Pelosi’
Word to the Wise: Fourth Circuit Rules that Firestone Employee Not Entitled to Extra Days Off Due to His Faith
Published 1, February 12, 2008 Congress , Constitutional Law , Justice , Lawyering , Politics , Religion , Society , Supreme Court 11 CommentsDavid Wise, a worker at a Firestone facility in North Carolina, will be forced to chose between his faith and his job under an important ruling from the Fourth Circuit Court of Appeals. A member of the the Living Church of God, Wise is required to take a greater number of days off than most employees and sued when he was terminated for these practices as violative of his religious rights. The Court ruled against him and held that Firestone could refuse to accommodate such religious practices. Continue reading ‘Word to the Wise: Fourth Circuit Rules that Firestone Employee Not Entitled to Extra Days Off Due to His Faith’
A Tribunal in Search of a Purpose: Bush Seeks to Execute Six in Cuba in His Final Eleven Months
Published 1, February 11, 2008 Congress , Constitutional Law , Criminal law , Justice , Lawyering , Military , Politics , Society , Supreme Court 13 CommentsPresident Bush is trying to use his final eleven months in office to guarantee that someone — anyone — will be convicted in his controversial military commission tribunal system. After millions of dollars, international scorn, and years of litigation, the Administration wants to try six detainees in the system. Some are reportedly victims of torture. Having destroyed evidence of the torture, it appears that the subjects could also be terminated — the military indicated it will seek the death penalty and Bush himself is the ultimate appellate “decider.” Continue reading ‘A Tribunal in Search of a Purpose: Bush Seeks to Execute Six in Cuba in His Final Eleven Months’
Bush Administration Seeks to Execute the Latest “20th Hijacker”
Published 1, February 11, 2008 Bizarre , Columns , Criminal law , Justice , Lawyering , Military , Politics , Society , Supreme Court 1 CommentWith the Bush Administration seeking to execute six detainees at Cuba including one identified as the “20th hijacker,” this prior column on the line of previously identified “20th hijackers” might be helpful. Continue reading ‘Bush Administration Seeks to Execute the Latest “20th Hijacker”’
Vatican Approves Exorcism Center to Deal with Rising Demand From the Demonically Challenged
Published 1, February 11, 2008 Bizarre , Society 9 CommentsExorcism is hot. At least, that is the view of Church officials in Poland who are planning to build an exorcism center in a potato field in Poland to deal with rising demand. The announcement came after the fourth International Congress of Exorcists. Continue reading ‘Vatican Approves Exorcism Center to Deal with Rising Demand From the Demonically Challenged’
Hugo Chavez Threatens to Cut Off Oil to U.S. — If He Loses in Court
Published 1, February 11, 2008 Bizarre , Justice , Politics , Society 4 CommentsLeave it to Hugo Chavez to make people actually feel sympathetic for Exxon Mobil. Cementing his reputation as an enemy to the rule of law, Chavez is threatening the United States with an oil cutoff if the company wins in a court of law over Chavez’s effort to seize billions of dollars in assets. Since taking over as Venezuelan president, Chavez has tried to model himself after Fidel Castro, including the latter’s contempt for checks on his power and the independence of the court system. Continue reading ‘Hugo Chavez Threatens to Cut Off Oil to U.S. — If He Loses in Court’
Court Blocks Bush Policy that Could Cause Neurological Injuries in 60,000 Newborns Each Year
Published 1, February 11, 2008 Congress , Environment , Justice , Politics , Society Leave a CommentA federal appellate panel found last week that the Bush Administration’s policy on relaxing controls on power companies would cause neurological injuries in 60,000 newborns a year. The unanimous panel (including Republican appointees) took the relatively rare step to strke down the EPA plan on mercury pollution as inimical to public health. The ruling also shows the real consequences to citizens in the Bush policies that consistently favor industry interests over public health interests. Continue reading ‘Court Blocks Bush Policy that Could Cause Neurological Injuries in 60,000 Newborns Each Year’
Disciplined Law Student Appears Before Disciplined Judge in Case Against Regent University
Published 1, February 11, 2008 Bizarre , Constitutional Law , Lawyering , Politics , Religion , Society , Torts 83 CommentsLaw Student Adam Key, 23, is learning the practical elements of a first amendment case from his school, Regent University — though not under the usual clinical conditions. He is suing the University after he claims it violated his right to free speech last November in suspending for posting an unflattering picture of Pat Robertson on the Internet. Ironically, his case was heard by a judge who knows something about suspensions and discipline. Judge Samuel Kent, who was disciplined for misconduct himself and has been suspended from hearing criminal cases. He is believed to still be under criminal investigation for sexual assault and other crimes — and could face impeachment with another Fifth Circuit judge (click here). Continue reading ‘Disciplined Law Student Appears Before Disciplined Judge in Case Against Regent University’
Wife Pays Hitman to Drill Dentist Husband
Published 1, February 10, 2008 Bizarre , Criminal law , Society 1 CommentDr. Mazoltuv Borukhova in Queens has been arrested for paying a hitman $20,000 to kill her orthodontist husband, Dr. Daniel Malakov. What is most striking about the attempted hit is how sloppy it was with a trail of money and evidence leading back to the wife. Continue reading ‘Wife Pays Hitman to Drill Dentist Husband’
British Athletes Forced to Sign Agreement Not to Discuss China’s Abuses at Olympics
Published 1, February 10, 2008 Bizarre , Politics , Society 1 CommentThe British Olympic Association wants to make sure that its athletes do not confuse pollute the games with discussions of basic freedoms while in Beijing for the Olympic Games. Athletes must sign a contract promising not to criticize China for the denial of human rights. Continue reading ‘British Athletes Forced to Sign Agreement Not to Discuss China’s Abuses at Olympics’
Strong-Arming the Prosecution: Attorney Charged with Assault for Aggressive Handshake
Published 1, February 10, 2008 Bizarre , Criminal law , Justice , Lawyering , Society , Torts 5 CommentsMany attorneys perfect the firm handshake and winning smile as a signature of success. For attorney Kathy Brewer Rentas, 49, it may prove to be also the basis for assault on a prosecutor. Rentas is accused to shaking the hand of Assistant US Attorney Jennifer Keene so hard that it caused injury. What is most interesting is that this is not a unique charge. Continue reading ‘Strong-Arming the Prosecution: Attorney Charged with Assault for Aggressive Handshake’
College Student Arrested without Cause, Sent to Hospital, and Then Charged for the Trip
Published 1, February 10, 2008 Bizarre , Criminal law 3 CommentsAnne Publicover, a Dalhousie University student, appears to have been arrested for possession of a rodent with intent to pet. Publicover was merely standing before a ban in Halifax when an officer approached her to ask why she was wearing a hoddie and scarf — and carrying a rabbit and a rat. While she explained that it was winter and these were her pets, the officer still arrested her and sent her involuntarily for observation. To make matters worse, Publicover was charged for the transport. Continue reading ‘College Student Arrested without Cause, Sent to Hospital, and Then Charged for the Trip’
Administration Reverses Its Earlier Denial of Amy Winehouse’s Visa
Published 1, February 9, 2008 Bizarre , Congress , Constitutional Law , Criminal law , Justice , Politics 8 CommentsThe Bush Administration has reversed its decision to deny a visa to Amy Winehouse due to allegations of drug abuse. However, the visa’s issuance will not result in her attending the Grammy Awards. The entire incident demonstrates the disturbing degree of discretion in the visa system, discretion that can lead to the arbitrary and capricious use of the laws governing entry into the United States. Continue reading ‘Administration Reverses Its Earlier Denial of Amy Winehouse’s Visa’
The End of Electrocution in the United States?: Nebraska Supreme Court Bans Use of Electric Chair as a Method of Execution
Published 1, February 9, 2008 Constitutional Law , Criminal law , Justice , Politics , Society , Supreme Court Leave a CommentThe last state has finally accepted what has been obvious to 49 other states: electrocution is cruel and unusual punishment. The Nebraska Supreme Court barred the use of the electric chair in the last state that still used it as its sole means of execution. Continue reading ‘The End of Electrocution in the United States?: Nebraska Supreme Court Bans Use of Electric Chair as a Method of Execution’
Sklar – Scientology Case Enters Critical Stage Before Ninth Circuit
Published 1, February 8, 2008 Constitutional Law , Justice , Lawyering , Politics , Religion , Society , Supreme Court 3 CommentsMichael and Marla Sklar, a Jewish couple, have led a long and lonely battle against the Internal Revenue Service (IRS) over what they allege is special treatment given to the Church of Scientology. The IRS has long stonewalled inquiries over the deal with Scientology. Still viewed as a cult and not a religion in some countries, Scientology itself litigated for years against the U.S. government over its tax status. At the heart of the case is the controversy over such Scientology practices such as auditing. This case has long been fascinating and could result in an important constitutional decision. Continue reading ‘Sklar – Scientology Case Enters Critical Stage Before Ninth Circuit’
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