In the last year, we have seen some alarming examples of how Canada has rolled back on free speech, particularly in cases of alleged discrimination (here and here). However, the Supreme Court of Canada has handed down a unanimous decision that offers great hope that free speech is not dead in the North. The Court ruled 9-0 in favor of controversial Vancouver radio broadcaster Rafe Mair in his libel case.
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Archive for June, 2008
Supreme Court of Canada Defends Fair Comment and Free Speech
Published 1, June 30, 2008 Constitutional Law , Politics , Society , Torts 3 CommentsFrench Give Public a Realistic Demonstration of a Hostage Rescue: Shooting 16 Bystanders
Published 1, June 30, 2008 Uncategorized Leave a CommentThe French marines stationed at the Laperrine military barracks wanted to give the public a realistic example of a hostage rescue operation. One soldier, however, used life rounds and shot 16 people including children. The incident is under investigation, but officials have stated that it may have been an accident.
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Indian Businessman Sentenced to Life for Killing Daughter-in-Law
Published 1, June 30, 2008 Criminal law , Society 2 Comments
Chiman Rai, 68, was sentenced in Atlanta, Georgia to life in prison for the murder of his daughter-i-law. The Indian born businessman was accused of killing Sparkle Michelle Rai because she was black and he viewed the marriage as bringing shame upon his family.
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Swedish Tort: Parliament Considers Charge of Discrimination for Not Inviting Two Boy to Birthday Party
Published 1, June 29, 2008 Bizarre , Politics , Society , Torts 9 CommentsIn Sweden, a family has found itself reported to Parliament for its violations of anti-discrimination laws. The offense? It’s eight-year-old boy failed to invite two children to his birthday party. It is still unclear whether the “goodie bags” will raise any additional legal questions, but party counsel has been hired for the occasion.
Teen Decapitated in Latest Accident at a Six Flags
Published 1, June 29, 2008 Bizarre , Society , Torts 14 CommentsA 17-year-old boy was decapitated by a roller coaster at Six Flags Over Georgia. It is only the latest mishap on such rides and the matter is being investigated to determine why the teen (with a friend) scaled two six-foot fences to gain access to the off-limits areas.
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Bonkers in Yonkers: Police Officer Charged with Body-Slamming Woman in Restaurant
Published 1, June 29, 2008 Bizarre , Criminal law , Society , Torts 7 CommentsYonkers officer Wayne Simoes has been charged with violating the civil right of Irma Marquez when he body slammed her on a tile floor causing serious injuries.
The video is below.
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New York Police Allegedly Film Themselves Framing Four Men
Published 1, June 29, 2008 Criminal law , Society , Torts 1 CommentNew York undercover police officers filmed themselves framing four men in a drug case. The films shows that brothers Jose Colon and Maximo Colon had no contact with the officers despite their sworn statements that the men sold them drugs. The Colon brothers were ruined over the six months, it took to clear their names and are now suing.
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Exorcising Free Exercise: Texas Supreme Court Rules That Church Can Injure Minors During Exorcisms
Published 1, June 28, 2008 Uncategorized 36 CommentsThe Texas Supreme Court has ruled that the Pleasant Glade Assembly of God cannot be held liable for injuries to a 17-year-old girl from an exorcism performed on her by the church members. Laura Schubert was cut and bruised and suffered lasting psychological trauma but the Texas Supreme Court said that it is all part of free exercise of religion.
Senators Craig and Vitter Team Up to Save Marriage
Published 1, June 28, 2008 Uncategorized 16 CommentsThe cherished institution of marriage in the United States is about to be saved. Sen. Larry Craig (R-ID), fresh from his bathroom arrest, and Sen. David Vitter (R-LA), fresh from his call-girl scandal, have co-sponsored S. J. RES. 43, dubbed the Marriage Protection Amendment, to bar same-sex marriage. They have joined their colleagues to amend the United States Constitution to state that marriage “shall consist only of the union of a man and a woman.” Now, that is a wide constitutional stance.
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Old Van w/ Low MPG, High FS (Free Speech): Ninth Circuit Rules in Favor of Van Speech
Published 1, June 28, 2008 Bizarre , Constitutional Law , Criminal law , Society 3 CommentsThe Ninth Circuit has rendered an interesting first amendment decision on the right to cover one’s car with unpopular or obnoxious statements. Matthew Fogel painted his van with such ditties as “ALLAH PRAISE THE PATRIOT ACT . . . F***ING JIHAD ON THE FIRST AMENDMENT! Most notably, he taunted police with “PULL ME OVER! PLEASE, I DARE YA[.]” The police agreed and did precisely that. He was arrested- then forced by police to paint over the words as a condition for his release. He was charged as a bomb threat by Grass Valley, California police.
Senior Pilots Challenge “The Fairness for Experienced Pilots Act”
Published 1, June 27, 2008 Congress , Constitutional Law , Courts , Criminal law , Politics , Society 7 CommentsLate last night, I filed our challenge to the ironically names “The Fairness for Experienced Pilots Act,” legislation that wipes out the seniority, benefits, and status of pilots who turned 60 before December 13, 2008 — the date of the Act’s enactment. This new Age 60 rule violates a host of constitutional and statutory laws, as the brief below explains.
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Mother’s Little Helper: Doctor Faces Charges After Helping Son Bulk Up With Hormones
Published 1, June 27, 2008 Bizarre , Society , Torts 4 CommentsIn England, Dr. Rehab Al-Jumaily faced a common problem of a parent with a child: bullies. However, rather than the usual calls to parents or teachers, Al-Jumaily decided a more chemical approach: she helped her son bulk up with growth hormones.
Continue reading ‘Mother’s Little Helper: Doctor Faces Charges After Helping Son Bulk Up With Hormones’
“Absolut” Madness: Florida Man Dies After Vodka Drinking Contest
Published 1, June 27, 2008 Bizarre , Society , Torts 1 CommentIn Seffner, Florida, there are questions being raised about a bar’s drinking contest that caused or contributed to the death of one of the contestants. Eric Morris, 26, died after consuming an estimated 25 shots in 30 minutes.
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Chickens Don’t Kill People, People Kill People: Man Accused of Frozen Chicken Attack
Published 1, June 27, 2008 Bizarre , Criminal law 10 CommentsFrederick McKaney, 40, of Ypsilanti, Michigan has been charged with an attack with a frozen chicken and attacking his mother with a fork. In addition to assault and battery, he is charged with resisting an officer.
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MySpace Rage: Girlfriend Stabs Child for Deleting Comment on MySpace Page
Published 1, June 27, 2008 Bizarre , Criminal law , Society 2 CommentsWe have seen fraud, harassment, and even suicide allegations tied to MySpace in the last year. Now, we have an attempter murder allegation against 18-year-old Stephanie Torres for stabbing her boyfriend’s 12-year-old niece, Stephanie Usche. She was reportedly mad at the girl erasing a comment on her MySpace page.
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Good Night, Mumbai: Air India Pilots Accused of Sleeping in Cockpit and Overshooting Mumbai
Published 1, June 27, 2008 Bizarre , Society 1 CommentCold Dead Finger Bumper Sticker Contest
Published 1, June 26, 2008 Bizarre , Politics , Society 14 CommentsWith the final victory of the NRA in securing recognition of an individual right of gun ownership, it will now be time to retire that classic American icon: the “You Will Have to Peel My Cold Dead Fingers From My Gun” Bumper Sticker. This allows still unresolved legal questions to claim the right to use the classic formula of cold dead fingers and hot legal issues. Below are my top ten list but I would be interested to hear your own proposals.
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Supreme Blunder: We Did Not Mean to Dissemble the Disassembled Guns in Heller
Published 1, June 26, 2008 Supreme Court 6 CommentsJustice Scalia wrote a powerful opinion in District of Columbia v. Heller, No. 07-290, but the first paragraph quotes the D.C. statute as requiring gun to be dissembled. As many have noted, it is disassembled — dissemble means to put on a false appearance.
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The Lost Constitutional Continent Found: Supreme Court Recognizes Individual Right of Gun Ownership
Published 1, June 26, 2008 Congress , Constitutional Law , Justice , Politics , Society , Supreme Court 20 CommentsThe Second Amendment has always been like the lost continent of the Constitution. Well, today the Supreme Court discovered it — right between the first and third amendments — after 127 years. The Court ruled that the Second Amendment does indeed create an individual right to gun ownership. The opinion can be accessed here.
The Supreme Court also gave a victory to millionaires running for office who can finance their campaigns more freely — or buy guns more easily.
NBC Settles Dateline Predator Lawsuit Over Prosecutor’s Death
Published 1, June 26, 2008 Media , Society , Torts 8 CommentsAfter a stinging opinion by U.S. District Judge Denny Chin in February, NBC has thrown in the towel on its defense of “Dateline NBC: To Catch A Predator” in the suicide of a former prosecutor. Louis William Conradt Jr. shot himself after the program accused him of engaging in sexually explicit chats with an adult posing as a child. The program then allegedly pushed for his arrest when he failed to show up at a sting operation.
Continue reading ‘NBC Settles Dateline Predator Lawsuit Over Prosecutor’s Death’
In light of this week’s settlement in the NBC Dateline case, this past column on talk show liability may be of some interest. From cop shows to talk shows, reality television can suddenly throw average citizens into highly stressful or embarrassing situations. In the recent Dateline case, such actions were alleged as the cause of the suicide of a prosecutor who was accused of sexually explicit communications with an adult posing as a child in a chat room.
Faith-Based Favors: Justice Department Official Fired After Invoking the Fifth Amendment in Congressional Investigation
Published 1, June 26, 2008 Congress , Criminal law , Politics , Society 15 CommentsMichele DeKonty, who served as chief of staff at the U.S. Office of Juvenile Justice and Delinquency Prevention (OJJDP), has been fired after invoking the Fifth Amendment and refusing to answer congressional questions over granting favors to certain organizations in federal grants. It is yet another scandal in the Bush Administration that shows how deep the damage has been at the Justice Department. She is accused of cutting corners for faith-based organizations. This is not good news for Regents University, the religious based law school that has been a favorite hiring ground for the Bush Justice Department. DeKonty is a graduate of Regents University and has been compared to that other infamous Regent grad, Monica Goodling.
New Jersey Doctor Suspended for Removing Wrong Lung From Patient
Published 1, June 26, 2008 Bizarre , Torts 3 CommentsIn Trenton, New Jersey, Dr. Santusht Perera has been suspended from practice after removing the wrong lung from a patient and then lying to the patient to try to cover it up.
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Shock Video: Massachusetts Legislator Under Attack for Declaring That He Would “Rip Apart” Child Rape Victims
Published 1, June 26, 2008 Bizarre , Criminal law , Politics , Society 28 CommentsRep. James Fagan, a Democrat Massachusetts politician and defense attorney, is under attack for his opposition to the Jessica’s Law (imposing still penalties on child sex offenders. In the video below, Fagan declares that, if the law passed, he would “rip apart” child rape victims to the point to destroying them for life.
Suing the Blues: Naked Cowboy Sues M & M
Published 1, June 26, 2008 Bizarre , Society , Torts Leave a CommentRobert Burck has become an iconic figure in New York dressed in cowboy boots, white cowboy hat, and white underwear. So much of an icon, it appears, that the maker of M & M used a parody of his image in a commercial. U.S. District Judge Denny Chin has now ruled that he can sue for trademark infringement against Mars Inc. and Chute Gerdeman Inc. The culprit? that money-grubbing, opportunistic Blue M & M. He is seeking up to $100 million in punitive damages, plus attorney’s fees.
Bush Administration Officials Bar Lawyer Applicants on the Basis of Political Beliefs
Published 1, June 25, 2008 Uncategorized 14 CommentsAn inspector general report has found that the Bush Justice Department barred applicants on the basis of their political views. It is further proof of the open politicalization of the Justice Department by the Bush Administration, including selections for the honors program — long treated as completely apolitical.
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Madonna Constantine, a psychology professor at Columbia, will be fired for plagiarism and misconduct. Constantine drew national attention for claiming that a noose had been hung outside her office.
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New York Prosecutor Says He Intentionally Threw Murder Case
Published 1, June 24, 2008 Criminal law , Justice , Lawyering , Society 5 CommentsIn a remarkable admission, former Manhattan prosecutor Daniel Bibb has stated that he intentionally threw a murder case because he did not believe the evidence. The case against David Lemus and Olmedo Hidalgo has become a major embarrassment for District Attorney Robert Morgenthau, who is seeking reelection. Lemus was later acquitted and the charges dropped against Hidalgo in the Palladium case.
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Politics of Terror: GOP Adviser and Pundit Raise Possibility of Pre-Election Attacks
Published 1, June 24, 2008 Politics , Society 18 CommentsI am not one who subscribes to the theory of a pre-election attack on Iran, but it is getting harder with GOP advisers and pundits openly opining of the likelihood or benefit from either an Iranian attack or even a terrorist attack. Pundit Bill Kristol told Fox viewers that, if the American people do not support McCain, Bush may feel that he has little choice but to attack Iran. In the meantime, a leading adviser to McCain has said that a terrorist attack would be a big benefit for the flagging campaign. Finally, John Bolten is penciling an attack on Iran from Israel for pre-inauguration but after the election.
Team Spirit: China Accused of Destroying Mosque for Refusing to Put Up Signs Cheering the Olympics
Published 1, June 24, 2008 Politics , Society 2 CommentsIraqi City Councilman Kills Three Soldiers After Friendship Ceremony
Published 1, June 24, 2008 Criminal law , Military , Politics 3 CommentsOutside Baghdad, an Iraqi official killed at least three soldiers, including at least one American soldier, after he pulled out an AK 47 at the City Council building. The Americans were present to celebrate the opening of of a park in al-Maaden.
Continue reading ‘Iraqi City Councilman Kills Three Soldiers After Friendship Ceremony’
Swift Boat (Vietnam Edition): Vietnam Jailer Accuses John McCain of Lying About Torture in the Hanoi Hilton
Published 1, June 23, 2008 Bizarre , Military , Politics , Society 21 CommentsTran Trong Duyet is hardly someone with a great deal of credibility: he is the former head of the notorious Hoa Lo prison — better known as the Hanoi Hilton. While Duyet has come out for McCain, he has accused him of lying about the torture that he endured. Now, all he needs is a 527 designation and we will be set for November with new Swift Junk ads out of Hanoi.
George Carlin Dies at 71
Published 1, June 23, 2008 Constitutional Law , Politics , Society , Supreme Court 13 CommentsGeorge Carlin has died at 71. Carlin represents one of the few entertainers to have a significant impact on the law with his showdown over profanity in his monologues. His famous stand up routine on “”Seven Dirty Words You Can’t Say on Television” is linked below. The Supreme Court case on his “filthy words” is linked below as well.
Curious Testament: Employee Fired After Breaking Story of Russert’s Death on Wikipedia
Published 1, June 23, 2008 Media , Society 1 CommentMany would find it a bit of a curious testament to the late Tim Russert that a junior employee who broke the story of his death was fired for updating Russert’s Wikipedia site. When Russert died on June 13th, the first public word appeared on Wikipedia and NBC officials were irate — since they were still trying to reach family and control the story for their own coverage.
Supreme Court Holds Heller — Second Amendment Case Last Case to Be Announced from March Sitting
Published 1, June 23, 2008 Constitutional Law , Courts , Criminal law , Justice , Politics , Society , Supreme Court 11 CommentsThe Supreme Court knows how to build suspense. While many expected the Court to release its long-awaiting decision on the Second Amendment in the Heller and Parker cases, the Court did not release the decision today. The array of opinions today has fueled speculation that Scalia will author the historic decision.
Happy Unto Yee: University of California States Intent to Violate Free Press Law
Published 1, June 23, 2008 Uncategorized 9 CommentsCalifornia took a major step forward in reversing the steady rollback of student speech rights this year by passing a law protecting the rights of student free speech and prohibiting the firing or suspension of employees for exercising their free speech rights on newspapers and organizations. That is when the sponsor, State Sen. Leland Yee, received a letter from Happy Chastain, senior legislative director for state government relations in the UC president’s office — stating that the school would not comply with the law.
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Cretan Sentences Drunk Mother Who Abandoned Children, Wrecked Car, and Tried to Flee Accident to 90 Days
Published 1, June 23, 2008 Bizarre , Criminal law , Society 1 CommentSara Haderle, 36, is not what one would call a model mother and Superior Court Judge Clifford Cretan is not what one would call a task master judge. Haderle left her 2-year-old and 3-year-old children at home. The pregnant mother then drove drunk, wrecked her car, and then tried to flee the accident. For that litany of offenses, Cretan calculated 90 days as an appropriate punishment.
Continue reading ‘Cretan Sentences Drunk Mother Who Abandoned Children, Wrecked Car, and Tried to Flee Accident to 90 Days’
Details Emerge in Case Against Daniel Watson in Alleged Scuba Murder
Published 1, June 22, 2008 Criminal law , Torts 11 CommentsThe details of the case against Daniel Watson, 31, of Birmingham, Alabama, in Australia are beginning to emerge. Watson is accused of killed his new wife Christina Mae Watson, 26, on their honeymoon while diving on a shipwreck.
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Fake Doctor Accused of Harming Women in Negligent Abortions
Published 1, June 22, 2008 Criminal law , Society , Torts Leave a CommentIn Chula Vista, California, the owner of a clinic near the Mexican border is accused of posing as a doctor and performing negligent abortions. Bertha Pinedo Bugarin, 48, allegedly caused serious injuries to women, as detailed in a 10 felony count indictment. After performing the procedures at Clinica Medica de la Mujer women allegedly discovered that they were still pregnant.
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Judge Thomas Porteous Moves Closer to Impeachment
Published 1, June 22, 2008 Uncategorized 3 CommentsIn a critical step toward impeachment, the United States Judicial Conference voted unanimously to forward charges against U.S. District Judge Thomas Porteous to the House of Representatives for impeachment. He is accused of perjury, accepting gifts from lawyers and violating other criminal and ethical standards. Unless he resigns, he would be the first federal judge impeached in 19 years.
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Stop at Boardwalk; Go Straight to Jail: Atlantic City Council Members Face Blackmail Charges
Published 1, June 22, 2008 Bizarre , Criminal law , Politics , Society Leave a CommentFormer Atlantic City Council president Craig Callaway, his brothers David and Ronald, and a friend, Floyd Tally, and City Councilman John Schultz are all charged in a bizarre blackmail case against another Atlantic City pol, Councilman Eugene Robinson. They are charged with conspiring to film Robinson (who is a minister) in his encounter with a prostitute in a motel room. Craig Callaway is accused of having meetings near the Boardwalk with an FBI agent where he admitted to the conspiracy.
Continue reading ‘Stop at Boardwalk; Go Straight to Jail: Atlantic City Council Members Face Blackmail Charges’
Shock Video: Police Officer Shown Beating Transsexual
Published 1, June 21, 2008 Bizarre , Criminal law , Society 8 CommentsA Memphis police officer is being accused of brutality after the airing of the video below of his beating a handcuffed transsexual prisoner. The Feb. 12th video shows Duanna Johnson handcuffed at the Shelby County Criminal Justice Center after an arrest for prostitution when the attack began.
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Dental Detention: Dentist Charged with Holding Patient Against Her Will
Published 1, June 21, 2008 Bizarre , Torts 5 CommentsFor those who fear dentists, imagine one who will not allow you to leave. Dr. John Drew Laurusonis is accused with the false imprisonment of Frances Bales, 36, of Duluth after he suspected that she might not pay her bill. Charged with the good doctor is Leslie Ann York and Acquah Alexander from the Doctors Medical Center in Duluth.
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Florida Dentist Drops Devices Down Throat of Patient — Twice
Published 1, June 21, 2008 Bizarre , Torts 1 CommentAccording to a Florida family, Dr. Wesley Meyers is something of a butterfingers. However, where other clumsy individuals drop fruit bowls, Meyers drops tools down the throats of his dental patients. After requiring a colonoscopy to remove the first tool (a screwdriver) dropped down his throat, Charles Gaal, 90, allegedly died after a second such accident when Meyers dropped another tool down his throat.
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Branding for Jesus: Ohio Teacher Accused of Teaching Creationism and Burning Crosses into Arms of Students
Published 1, June 20, 2008 Academics , Constitutional Law , Religion , Society 21 CommentsJohn Freshwater has long been a controversial teacher in Mount Vernon, Ohio. Parents and other teachers accused him of not teaching required science subjects while drilling in creationism into his students. Now, a lawsuit accused him of literally impressing his students with Christian values by branding them.
Court Rules that Mentally Disturbed Defendants Can Be Competent to Stand Trial But Incompetent to Represent Themselves
Published 1, June 20, 2008 Constitutional Law , Courts , Criminal law , Lawyering , Society , Supreme Court 12 CommentsThe Supreme Court continued the downward spiral of our insanity rules this week. The majority held that a defendant can be held to be competent to stand trial but held incompetent to represent himself — a green light for judges to continue to find clearly crazed individuals sane while denying them the right to act in their own defense. Justices Scalia and Thomas wrote a stinging and well-founded dissent.
Pregnancy High: Glouchester High School Deals with Pregnancy Boom
Published 1, June 20, 2008 Bizarre , Criminal law , Society 2 CommentsSchool officials at Gloucester High School are dealing with a new type of Baby Boomers: 17 girls expecting babies in the 1,200-student school. Worse yet, pregnancies appear to have become a type of extracurricular try-out for girls who made “pregnancy pacts” to try to become unwed mothers. The school must now deal with students who seem more interested in passing their pregnancy tests than their science tests. There appears to be a link to the plot of the popular movie “Juno.” One of the most provocative legal questions will be whether statutory rape charges will be brought against some of the males over 18 — including a homeless man — allegedly used by the girls to fulfill the pact.
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Love Us or Pay Us: Congress Sets a High Price for Citizens to Renounce Their Citizenship
Published 1, June 20, 2008 Bizarre , Constitutional Law , Politics , Society 2 CommentsA little noticed provision in new legislation would cost some citizens hundreds of thousands of dollars to renounce their citizenship. Congress has come up with another moronically named bill, Heroes Earnings Assistance and Relief Tax (HEART) Act, that contains the provision. It is designed to stem the tide of Americans renouncing their citizenship due to the double taxation that they face when living abroad.
Police Seek the Kansas City Casanova in Latest Lonely Heart Crime
Published 1, June 20, 2008 Bizarre , Criminal law , Society 1 CommentPolice in Kansas City, Mo., are looking for Jerome S. Sternlieb, 74. While he has adopted the identities of Michael Salerno, Kane, Lanelli, Roberts and Warren, he is known by police as “Casanova,” a man who woes elderly women and then takes their money and runs.
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Democratic Leadership Caves to the White House and Telecommunication Lobby on Immunity
Published 1, June 19, 2008 Congress , Constitutional Law , Courts , Politics , Society 24 CommentsThe democratic leadership is preparing to move a final bill giving immunity to the telecommunication industry after months of waiting for public interest to wane. The new bill would give President Bush and the powerful lobby would it has long sought: immunity from violating federal law and the privacy of customers.
Bring Your Daughter to Court Day: Canadian Court Overrules Father’s Grounding of Daughter
Published 1, June 19, 2008 Bizarre , Courts , Society 2 CommentsQuebec Superior Court Justice Suzanne Tessier appears to believe that family disputes are best handled by professionals. When a 12-year-old girl filed a complaint about her father’s punishment of grounding her for accessing blocked website, Tessier decided that in her judicial opinion, the punishment was too severe. It appears not to have occurred to Tessier that this a parental rather than a judicial matter.
You Want Fries With That Briefing? Bush’s “Curveball” Iraqi Source Was Found at Burger King
Published 1, June 19, 2008 Uncategorized 5 CommentsFor the Bush Administration, Curveball (the super secret source on Iraqi weapons of mass destruction) seemed God-sent. He supplied intelligence that the President used to launch a preemptive invasion of Iraq. It turns out that Rafid Ahmed Alwan learned how to super-size such stories from the best: Burger King (where he was viewed as a congenital liar by the minimum wage staff).
Faith-Based Fatality: Another Child Dies From Lack of Medical Care Due to Parent’s Religious Beliefs
Published 1, June 19, 2008 Criminal law , Religion , Society 5 CommentsOne wonders what it takes for Oregon’s Followers of Christ Church to decide that perhaps it is time to modify their religious guidelines. After the death of Ava Worthington which is now a criminal matter here, now his cousin has died from lack of medical intervention. The sixteen-year-old boy, was the latest victim of the church, which appears willing to run out of children before they run out of faith.
Florida Officers Reprimanded After First Trying to Wrestle Alligator and Then Shooting It
Published 1, June 19, 2008 Bizarre , Criminal law 3 CommentsMany are asking what it takes to get fired in the Three Central Florida police department. Deputy Keith Baughman, 39, responded to a call of a roaming alligator and promptly threw a towel on the eight-foot alligator and tried to wrestle it. When the alligator bite him, the deputies then proceeded to shot it as an animal control officer was on its way. The alligator survived and it took the animal control officer to find it and kill it.
Not-So-Eligible Bachelor: Former Prosecutor Zerola Arrested Again
Published 1, June 19, 2008 Bizarre , Criminal law , Society 1 CommentGary Zerola, a former prosecutor and repeatedly accused rapist, has been arrested again: this time for assault and battery on a police officer and other charges, including public urination after the Celtics victory celebration. The man once named one of People’s magazine’s nation’s 50 “most eligible” bachelors is once again facing trial.
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Viva L’Esperance: New Jersey Expands Definition of Palimony to Eliminate the Requirement of Cohabitation
Published 1, June 19, 2008 Society 1 CommentIn a very interesting decision, the New Jersey’s highest Court has ruled that one can be sued for palimony even if there was no cohabitation with a companion. The case involves well-known laser eye pioneer Francis L’Esperance, 75, and his long relationship with Helen Devaney, 47. The Court essentially adopted a total circumstances test that eliminated cohabitation as a prerequisite for determining a “marital-type relationship.”
Shock Video: Kalamazoo Public Affairs Officer Slams Teen Head First Into Wall
Published 1, June 18, 2008 Criminal law , Society , Torts 5 CommentsPolice have to deal with unruly teens all the time, but in the case of Officer Derek Nugent anger overcame training. The teen is clearly yelling at the officers and being uncooperative, but Nugent is shown slamming the teen face first into a wall — the teen lost three teeth and the officer has lost ten days of pay in a suspension.
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Judge and Police Deputy Charged with Human Trafficking
Published 1, June 18, 2008 Bizarre , Courts , Criminal law , Society Leave a CommentD. William Garrett (72), a retired Fulton County Magistrate Judge; his son (a Forsyth County Sheriff’s Department Deputy) Russell Garrett (43); and the son’s wife Malika Garrett (42), have all been charged with human trafficking in a federal prosecution in Atlanta, Georgia. The case involves an Indian woman who was convinced to come to the United States to work as a nanny for Russell and Malika Garrett, only to be forced to work without pay.
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Thai Educators Introduce Transvestite Toilet for Teens
Published 1, June 18, 2008 Academics , Society 3 CommentsAn interesting story discusses how educators in Bankok, Thailand have introduced a “transvestite toilet” for transvestite high school students. Despite the conservative character of the country, the Thais have a great deal of tolerance and acceptance for transgender students, which makes up a significant number of students at the Kampang school.
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Medical Report Finds Evidence of Torture of Detainees Later Found to be Innocent
Published 1, June 18, 2008 Criminal law , Military , Society 127 CommentsThe respected Massachusetts-based group Physicians for Human Rights has published a report finding that 11 former detainees showed clear signed of torture in medical examinations following their release from Guantanamo Bay, Cuba, and Afghanistan.. The detainees were released for lack of evidence of terrorism.
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Lemon Heist Goes Sour: Man Arrested for Robbing Lemonade Stand
Published 1, June 18, 2008 Bizarre , Criminal law , Society 4 CommentsSteve Tryon, 18, should probably tell the guys in the cellblock that he is a carjacker. Tryon was arrested this week in Terre Hautem Indiania after not only robbing a little girl’s lemonade stand but being chased by 12-year-old Dominique Morefield.
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Thong Tort: “Sexy Little Thing” Has Malfunction and Causes Eye Injury
Published 1, June 18, 2008 Bizarre , Society , Torts 1 CommentMacrida Patterson, 52, is suing in Los Angeles for a classic California tort: a defective thong. Patterson alleges that Victoria’s Secret sold her a “low-rise v-string” from its “Sexy Little Thing” collection that malfunctioned and caused a metallic piece to fly off an hit her in the eye. This is not the first such suit against the clothing giant.
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Administration Reportedly Planned for Torture Program Months Before Any Request from Field Interrogators
Published 1, June 17, 2008 Congress , Criminal law , Military , Politics 22 CommentsIn yet another story alleging an intentional falsehood from the Bush Administration given to the public and Congress, the Washington Post is reporting that Bush Administration officials began laying the foundations for a torture program using waterboarding long before there was any request or inquiry from field interrogators — a direct contradiction of what the Administration has been saying for years.
Not a Catch: North Carolina Woman With Five Dead Husbands Accused of Murder Solicitation
Published 1, June 17, 2008 Bizarre , Criminal law , Society 1 CommentIf you are looking for a soul mate, you may want to reconsider any proposal from Betty Neumar: she has buried the last five men who said I do. Police have arrested the 76-year-old for allegedly trying to hire a hit man to kill one of her five prior husbands. All five are now dead, including Harold Gentry, the alleged target of the murder-for-hire plot.
Continue reading ‘Not a Catch: North Carolina Woman With Five Dead Husbands Accused of Murder Solicitation’
Bad Review: Vatican Bans Tom Hanks From Filming Sequel to the Da Vinci Code on Church Grounds
Published 1, June 17, 2008 Bizarre , Religion , Society 10 CommentsIt seems that Tom Hanks may have to ask the Lutherans for a backdrop to the sequel to The Da Vinci Code. The Vatican has banned him from church grounds in Rome after calling his last movie “an offence against God.” I have heard some bad reviews, but this one takes the cake. What is most interesting is that I had previously concluded that the movie was an offense to me after putting down almost $20 bucks for myself and my wife. The Vatican movie review indicates that viewers can expert poor writing, mediocre acting, and guaranteed damnation.
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Woman Sues Chiropractors for Half a Billion Dollars After She Is Left Paralyzed
Published 1, June 17, 2008 Torts 10 CommentsJust recently, an unlicensed chiropractor snapped the neck of a man and was arrested, here. Now a Canadian woman, Sandra Nette, has filed a class action the Alberta College and Association of Chiropractors and the provincial government for half a billion dollars after she was left paralyzed after an upper spine manipulation procedure. She has not only filed the complaint but created the video below on her ordeal.
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He Should Have Been a Retriever: Leona Helmsley’s Dog Trouble Loses $10 Million of its $12 Million Inheritance
Published 1, June 16, 2008 Bizarre , Courts , Society 8 CommentsLeona Helmsley’s dog Trouble must be aghast. He is now only marginally a multimillionaire after Manhattan Surrogate Judge Renee Roth reduced his inheritance from the “Queen of Mean” to $2 million. The other $10 million will go to charity and, most notably, the two grandchildren that she wanted to disinherit.
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Shock Video: Children Buried Alive in Amazon
Published 1, June 16, 2008 Bizarre , Society 27 CommentsIn a very disturbing video below, children are buried alive in an Amazonian tradition, including a little boy who dies because no one will raise him. It is rare footage of a practice involving hundreds of children a year.
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Any Color So Long As It’s Black: Iran Cracks Down on Public Dress Code
Published 1, June 16, 2008 Bizarre , Society 4 CommentsIranian police have launched the latest crackdown to preserve decency according to Islamic law. Women who allow hair to show or wear clothes that show the shape of their bodies can be arrested or subject to whippings. It appears that Iran follows the same principle of Henry Ford when he said that customers could have any color “so long as it’s black.”
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The Army Times has an incredible insight into the trauma of serving in Iraq for our soldiers in its story of 1st Sgt. Jeff McKinney and his tragic death. The increase in suicides is an often overlooked measure of the cost of this ill-conceived invasion.
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Administration Accused of Holding Detainees That It Knew Were Innocent
Published 1, June 16, 2008 Constitutional Law , Courts , Criminal law , Politics , Society , Supreme Court 15 CommentsOn the heels of the Supreme Court’s decision affirming basic constitutional protections for detainees, a report has emerged that shows precisely why habeas corpus is so important. The Administration is accused of knowing that certain detainees were in fact innocent but still held them for years.
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Cash Machine: A Glimpse into the Economic Empire of Al Sharpton
Published 1, June 16, 2008 Criminal law , Politics , Society Leave a CommentDetails have emerged from the Rev. Al Sharpton’s financial empire and how companies have essentially paid what many have criticized as protection money against threats of boycotts. The leading companies shelling out are some of the biggest Anheuser-Busch, Honda, Colgate-Palmolive, Macy’s, PepsiCo, General Motors, Wal-Mart, FedEx, Continental Airlines, Johnson & Johnson, Chase and Pfizer among the 50 companies who have given to Sharpton and his organizations.
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New York Street Street Sweeper Kills Boston Terrier
Published 1, June 16, 2008 Bizarre , Environment , Torts Leave a CommentNew York may be looking at another tort case that explores the inherent value of a pet versus the value of the pain of its loss. Robert Machin was walking his Boston terrier Ginger in the Bronx when a street sweeper swerved to avoid a speed bump and sucked in the small dog.
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One-Legged Veteran Saves Mother and Baby From Thugs — And Is Promptly Arrested by Police
Published 1, June 15, 2008 Bizarre , Criminal law , Society 17 CommentsStephen Beerling, a one-legged Navy veteran, could have been excused for not intervening when he heard a mother with a baby being harassed by thugs in England. Instead, he grabbed a rusty retractable truncheon that had long been in one of his drawers. After rescuing the mother and baby, he was charged with use of an “offensive weapon”– as opposed to those non-offensive weapons that one might bring to an assault and battery.
North Carolina Parents Arrested in Death of Son Who They Tied to Tree
Published 1, June 15, 2008 Criminal law , Society 1 CommentIn a reminder that Father’s Day is not always a happy occasion for some children, police have arrested Brice Brian McMillan, 41, and his wife Sandra Elizabeth McMillan, 36, in the death of their 13-year-old son, Tyler Gene McMillan, who they tied to a tree as punishment. The couple in Macclesfield, North Carolina are charged with first-degree murder and felony child abuse.
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Chicago Nurse Wins $7.7 Million After She Rescued an Officer Only to Be Arrested by His Colleagues
Published 1, June 15, 2008 Constitutional Law , Criminal law , Society , Torts 1 CommentRachelle Jackson, a Chicago nurse, was probably expecting a thankful reception from the colleagues of Officer Kelly Brogan, a police officer that she dragged from a burning police cruiser. Instead, she was arrested and stayed in jail for 10 months on charges that she robbed, battered and disarmed a peace officer. She now has $7.7 million worth of apologies from a Chicago jury. Defense counsel is irate, insisting that the officer said that Jackson put her into a strangle hold and took her gun.
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It’s a Wrap: Television General Manager Resigns After Guilty Plea
Published 1, June 15, 2008 Bizarre , Criminal law , Media , Society Leave a CommentRandi Goldklank, 40, the general manager of WHDH-TV (NBC), has resigned her position in Boston after pleading disorderly conduct and resisting arrest. The arrest at Logan International Airport was the obvious result of drinking and the plea means that Goldklank will not face assault and battery charges.
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Unlicensed Chiropractor Snaps Patient’s Neck
Published 1, June 14, 2008 Criminal law , Society , Torts 8 CommentsPolice have arrested a Sacramento, California man who used his own home for illegal chiropractic services. Antonio Arellano, 76, has been arrested after he snapped the neck of a patient — leaving him brain dead.
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Cheney Admits that His Warning of Chinese Oil Drilling Was Wrong
Published 1, June 14, 2008 Congress , Environment , Politics , Society , Uncategorized 9 CommentsBefore 9-11, the rationale for expanded oil drilling was sustainable energy for an expanding economy. Then, after 9-11, it became an anti-terrorism measure. Most recently, Cheney rose the alarm that we had to start drilling because the Chinese are coming. He insisted that Chinese were drilling under contracts with Cuba 60 miles of the Florida coast. He has now admitted that that is false and his office explained that his source was George Will. I thought that was the Vice President and the President’s reigning energy expert. Yet, he gets his industry intelligence from columnists?
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Chief Judge Kozinski Accused of Ethics Violations and 2001 Crime Related to Court Computers
Published 1, June 14, 2008 Courts , Criminal law , Society 4 CommentsThings continued to get worst for Ninth Circuit Chief Judge Alex Kozinski. This week, the ABA Journal has revealed that the inclusion of copyrighted music mp3 videos and copyrighted material on his site could raise ethics issues. Much more alarming is a lengthy letter from Ralph Mecham, who retired as director of the Administrative Office of the U.S. Courts in 2006 that accused Kozinski of a federal crime in disabling a court computer system — exposing the entire court system to hackers. The disclosure came after learning that the music and pornography had previously bogged down the court system.
Driving Kids to Distraction at El Camino High: School Officials Use Terror and Grief as Part of Lesson Plan
Published 1, June 13, 2008 Academics , Bizarre , Society , Torts 3 CommentsOfficials at El Camino High School in Oceanside, California are under attack for an outrageous program where they falsely told children that several of their classmates had been killed in car accidents over the weekend. After widespread hysteria, the school officials admitted that it was hoax and was simply their effort to educate them through scared straight learning.
“Desperate Housewives” Trial Planned for Two Mothers in Pennsylvania
Published 1, June 13, 2008 Bizarre , Criminal law , Society Leave a CommentAngela Honeycutt, 38, and Lynne Long-Higham, 45, have been deemed the “desperate housewife” defendants in Bucks County, Pa. after being charged with abuse or endangerment of teenage boys. Honeycutt is accused of actual sexual contact while Long-Higham is accused of endangering the welfare of children. If proven true, it is astonishing that these two women would think that they could get away with such a party with teenage boys.
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Chief Judge Kozinski Calls for an Investigation of Himself
Published 1, June 13, 2008 Bizarre , Courts , Society 4 CommentsIn a wise move, Ninth Circuit Chief Judge Alex Kozinski has asked for an investigation into his controversial site containing sexual and allegedly obscene material. The request was made to the
U.S. Circuit Court of Appeals’ Judicial Council.
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Judicial Notice: New York Judge Orders Himself a Raise
Published 1, June 13, 2008 Bizarre , Constitutional Law , Courts , Politics , Society 1 CommentJustice Edward H. Lehner has taken the ultimate form of judicial notice. His salary is too small so he has ordered the legislature to give him and the rest of the state’s 1,250 judges a raise within 90 days.
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Maclean’s Magazine Faces Speech Police In Canada
Published 1, June 13, 2008 Constitutional Law , Politics , Religion , Society 2 CommentsMaclean Magazine is the latest publication to be called to the dock to answer to the new speech police in Canada. The magazine is accused of hate speech and has had to answer for the publication of an article written by Mark Steyn entitled Why the Future Belongs to Islam. The British Columbia Human Rights Tribunal, a Robespierrean institution that reviews and punishes improper speech, held a week of hearings on the magazine and will soon issue its ruling. The tribunal is an example of an expanding crisis in various Western nations, where free speech is being sacrificed in the name of combatting intolerance.
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Supreme Court Rules in Favor of the Detainees in Massive Blow to Bush Administration
Published 1, June 12, 2008 Constitutional Law , Courts , Criminal law , Justice , Lawyering , Supreme Court 71 CommentsIn a massive blow to the Bush Administration, the Supreme Court has ruled 5-4 in favor of the detainees at Guantanamo Bay, Cuba. In the opinion below, Justice Kennedy delivers the opinion of a lifetime: holding faithfully to the Constitution in a time of prolonged crisis.
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Semper Fido: David Motari Expelled From Marine Corps Over Puppy Tossing Video
Published 1, June 12, 2008 Bizarre , Environment , Military , Society 13 CommentsThe Marine Corps has announced that David Motari — the Marine Lance Corporal made infamous by his video tossing a puppy off a cliff in Iraq — will be expelled from the Corps. Another Marine involved in the incident — Marine, Sgt. Crismarvin Banez Encarnacion — will receive nonjudicial punishment.
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Court Rules Mother Must Take More Time with Kids: So It Sentences Her to Jail
Published 1, June 12, 2008 Uncategorized 3 CommentsA Springfield, Missouri woman was convicted under state truancy laws for her son’s truancy and sentenced to two days in jail and two years probation. Notably, Kathleen Casteel was home schooling her son — one of five. This is only the latest such criminalization of poor parental skills. Indeed, legislators have recently called for criminal charges against parents who miss parent-teacher conferences.
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Kozinski Snitch Revealed: Lawyer Cyrus Sanai
Published 1, June 12, 2008 Bizarre , Courts , Criminal law , Lawyering , Society , Torts 17 CommentsVarious sites are now reporting that lawyer Cyrus Sanai is taking credit for the recent controversy involving Chief Judge Alex Kozinski. Sanai has a long-standing dispute with both the Ninth Circuit and Kozinski over a rather arcane doctrine called the Rooker-Feldman doctrine — holding that district courts may not entertain lawsuits challenging the validity of state court judgments.
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Welcome to the Rock: South Carolina Schools Officials Have People Arrested for Applauding Too Loud at Graduation Ceremonies
Published 1, June 12, 2008 Bizarre , Criminal law , Society 4 CommentsSchool officials in Rock Hill, South Carolina apparently mean it when the tell family members to hold their applause to the end. Officials have had seven people arrested for the curious crime of cheering too loudly at their graduation ceremony. Six of the new felons were arrested at Fort Mill High School’s graduation and a seventh at the graduation for York Comprehensive High School. They were all charged with disorderly conduct.
Woman Recorded Begging for Help With Dispatcher; Only To Be Shot In Police Parking Lot
Published 1, June 12, 2008 Bizarre , Criminal law , Society 17 CommentsThe City of Plantation, Florida is dealing with a national fervor over the failure of police to respond quickly enough to a desperate call from Olidia Kerr Day, 45, who ended up dying in their parking lot. Day was bring pursued by her homicidal and suicidal ex-boy friend, Carlos Cevallos, 48.
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The Blue Man Group proved less than captivating for the D.C. Circuit in a case this week. The Group was sued by a Las Vegas union over their refusal to bargain over a new contract when the Group moved from the Luxor to the Venetian Hotel. The judges agreed with the union and said that, while they may be silent on stage, the Group better starting talking to the union.
Continue reading ‘Black and Blue: Blue Man Group Loses Labor Case’
Chief Judge Alex Kozinski Accused of Posting Sexually Explicit Material on Website
Published 1, June 11, 2008 Bizarre , Courts , Lawyering , Society 57 CommentsAlex Kozinski, chief judge of the United States Court of Appeals for the Ninth Circuit, is in a controversy over his publicly accessible website, which featured sexually explicit photos and videos. He insists that some of these photos were posted privately as a joke. Kozinski is a long-time friend, who has appeared in my classes in past years. While I never visited the website in question or received such material, I can attest to the fact that Kozinski has a peculiar sense of humor. He is a brilliant jurist and a leading libertarian voice on the Court. Nevertheless, the disclosure is complicating Kozinski’s sitting in a leading pornography case involving Ira Isaacs.
Three Husbands Too Many: Florida Woman Charged With Bigamy
Published 1, June 11, 2008 Bizarre , Criminal law , Society 1 Comment![](http://library.vu.edu.pk/cgi-bin/nph-proxy.cgi/000100A/http/web.archive.org/web/20120322115300im_/http:/=2fjonathanturley.files.wordpress.com/2008/06/erodriguez.jpg=3fw=3d128&h=3d95)
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Censorship 101: High School Shuts Down Student Newspaper Over Flag-Burning Photograph
Published 1, June 11, 2008 Academics , Constitutional Law , Media , Society 15 Comments The steady decline of student rights and free speech continues with another high school cracking down on free speech. In Redding, California, Shasta High School’s student newspaper Shasta High Volcano will be shutdown because administrators did not like a photograph of a flag-burning student.
Shasta High School Principal Milan Woollard appears to believe that conformity and censorship are important components to teach new citizens.
New Obscenity Case Goes to Trial in Los Angeles
Published 1, June 11, 2008 Constitutional Law , Criminal law , Society 3 CommentsThe Bush Administration has been cracking down on obscenity across the country and a very interesting (and very disgusting) case is being heard by a jury in Los Angeles. At issue is the work of Ira Isaacs who produces and sells videos of so called “poo porn” involving bestiality and sexual fetish films involving feces and urine.
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In Berea, Kentucky, Bobby Jones, 27, faces first degree child criminal abuse charges for leaving his son out in the sun for 90 minutes — enough for the boy to receive serious sunburn due to the lack of sunscreen. It is only the latest in such sunburn cases and raises a question about the criminalization of such negligence.
Welcome to the Democratic Convention: But Bring a Change of Clothes
Published 1, June 10, 2008 Uncategorized 4 CommentsPolitical activists may have to contend with an interesting little crowd control device known as the “crap cannon” or the “brown note.” The infrasound device makes people defecate on themselves. It is not actually the type of movement that MoveOn.com activists were expecting.
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I Can Give 6 To 9, But 1 To 5 Is Taken: Trial Court Grants Sudoku Objection
Published 1, June 10, 2008 Bizarre , Courts , Criminal law 4 CommentsAs an addicted Sudoku player, this one caught my eye. An Australian judge has dismissed a drug conspiracy trial after finding jurors playing Sudoku.
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