We have often discussed the ever-widening scope of copyright and trademark laws. This trend has prompted lawsuit over using generic images or terms, obvious parodies, or names. Now, an English court has ruled in favor of UK souvenir maker Temple Island Collection Ltd against New English Teas for using a picture of a London bus. Not a picture taken by Temple Island, mind you: Taking its own picture of a London bus that the court deemed as too close to a picture of a London bus taken by Temple Island. The Defendant used photoshop software to alter the image.
English Court Rules That Company Violated Copyright Protections By Selling Its Own Photo Of A London Bus Resembling Someone’s Photo Of A London Bus
Published 1, January 27, 2012 Academics , Bizarre , Free Speech , International , Media , Society 4 CommentsA Response To Senator Carl Levin: Part II
Published 1, January 27, 2012 Congress , Constitutional Law , Politics , Religion , Society 21 Comments
After my recent column on “Ten Reasons The U.S. Is No Longer The Land Of The Free,” I ran a response to claims made by Senator Carl Levin (D., Mich.) who was the main sponsor of the legislation including the indefinite detention provisions. Levin has now run a letter to the editor in response to my column that I believe is highly misleading and leaves readers with a false impression of both the law and my column.
Continue reading ‘A Response To Senator Carl Levin: Part II’
Getting Moody: Preacher Accused Of Throwing Neighbor’s Cat Off Bridge
Published 1, January 27, 2012 Animals , Bizarre , Criminal law , Religion 5 Comments
Rick Bartlett, pastor of the Bastrop Christian Church in Texas, has been arrested for allegedly throwing a neighbor’s cat, Moody, off a bridge after caging and abandoning the cat for days in his truck.
Continue reading ‘Getting Moody: Preacher Accused Of Throwing Neighbor’s Cat Off Bridge’
The Cat Did It: Man Arrested After Trying To Frame Cat For Murder
Published 1, January 27, 2012 Bizarre , Criminal law 7 Comments
In East St. Louis, Illinois, Brett Nash, 45, is accused of conspiracy to murder and then frame someone else for the crime. Not unheard of to be sure in the annals of crime, but the murder was going to be pinned on a cat.
Continue reading ‘The Cat Did It: Man Arrested After Trying To Frame Cat For Murder’
Indiana Senate Moves Toward Teaching Of Creationism In Public Schools
Published 1, January 27, 2012 Academics , Constitutional Law , Courts , Politics , Religion , Society , Supreme Court 26 Comments
The Senate Education Committee of the Indiana Senate has overwhelmingly voted to approve a bill allowing for the teaching of creationism in the state’s public schools. The Sponsor is Senator Dennis Kruse.
Continue reading ‘Indiana Senate Moves Toward Teaching Of Creationism In Public Schools’
Thou Shalt Not [Allegedly] Steal: Tennessean Judge Accused Of Stealing Money Raised For Ten Commandments Display
Published 1, January 26, 2012 Bizarre , Criminal law , Lawyering 37 Comments
Hawkins County (Tenn.) Sessions Court Judge James “Jay” Taylor appears to attract investigations the way motor homes attract tornados. He has been sued in various civil lawsuits and has now been hit with five criminal charges, including stealing money that he raised for a “Citizens Heritage Display” including the Ten Commandments to be placed in the lobby of the Hawkins County Justice Center. He is continuing his push for reelection as well as his performances as part of “The Redeemed Southern Gospel Singing Quartet.”
Santorum: Just Say No To Education
Published 1, January 26, 2012 Academics , Bizarre , Politics , Society 117 Comments
We have previously discussed the rising anti-intellectualism in the GOP race from the rejection of basic science principles to the demonification of academics and higher education. Rick Santorum this week ramped up on the attacks on colleges and universities with a speech that seemed to call for voters to avoid supporting — or even attempting — college. Santorum appears to be proudly embracing the pledge of Will Rogers that “America is becoming so educated that ignorance will be a novelty. I will belong to the select few.”
Gingrich Accused Of Violating 12th Commandment: Thou Shalt Not Speak Ill Of Reagan
Published 1, January 26, 2012 Bizarre , Politics 53 Comments
While Nancy Pelosi continues to warn Republicans not to nominate Newt Gingrich (which is being used by the Romney camp this week), the Republican establishment is doing a full court press against Gingrich. That has led to some curious moments like Ann Coulter denouncing Gingrich for “hotheaded arrogance”. However, the strangest came from Elliott Abrams who accused Gingrich of the greatest sin of a Republican. No it is not endorsing torture or promising to renew the Iraqi War or even wiping out the separation of church and state. It is the unspeakable act of criticizing Ronald Reagan. Reagan famously handed down the 11th Commandment “Thou shalt not speak ill of any fellow Republican.” However, that is merely a venal not the mortal sin of violating the 12th Commandment, “Thou shalt not speak ill of Reagan.”
One in Five Young Germans Do Not Know Auschwitz Was A Death Camp
Published 1, January 26, 2012 Academics , International , Politics , Religion , Society 26 Comments
We have previously discussed how history is being forgotten in the United States, England, and other countries. We can now add Germany to the list. While one would hope that there are certain historical facts that are indelible, one in five young Germans has no idea that Auschwitz was a Nazi death camp.
Continue reading ‘One in Five Young Germans Do Not Know Auschwitz Was A Death Camp’
Ding-Dong Ditch: Former Bronx Prosecutor Arrested After Firing Gun In Anger Over Teen Ringing Her Bell
Published 1, January 25, 2012 Criminal law , Society 24 Comments
Former Bronx prosecutor Bernadette Greenwald, 37, has been criminally charged after she pulled a gun on a teen and fired a shot in anger over teenagers ringing her door bell in the “ding-dong ditch” game. Police say that Greenwald fired her pink 9mm handgun to show the teen she had (in her words) “balls.” Greenwald practices under her maiden name, Bernadette Nicchia.
Sikhs Sue Leno Over Joke Involving Sacred Temple
Published 1, January 25, 2012 Bizarre , Religion , Society , Torts 24 Comments
This week’s most frivolous lawsuit was filed by Dr. Randeep Dhillon of Bakersfield on behalf of himself and Bol Punjabi All Regions Community Organization in California. Dhillon is suing Jay Leno for showing a picture of the Sikh holy shrine Golden Temple in Amritsar, India as the image of Mitt Romney’s summer home. The obvious parody is entirely protected but Dhillon has claimed that it constitutes libel.
Continue reading ‘Sikhs Sue Leno Over Joke Involving Sacred Temple’
Pelosi: Gingrich Unelectable Because “There Is Something I Know.”
Published 1, January 25, 2012 Bizarre , Congress , Politics , Society 66 Comments
I previously criticized Minority Leader Nancy Pelosi for suggesting that she has dirt on Newt Gingrich but would disclose it later. She has returned to that ignoble theme in an interview with CNN, saying that Gingrich will not be elected because “There is something I know.” I have been a vocal critic of Gingrich on this blog, but once again I view this low-grade form of politicking to be grossly unfair to Gingrich and a further degrading of our political system. If you want to attack Gingrich, then do it. Do not constantly suggest that you have severed heads in a duffel bag or some other evidence against the man.
Continue reading ‘Pelosi: Gingrich Unelectable Because “There Is Something I Know.”’
Tearin’ It Up (And Burnin’ It Down): Garth Brooks Wins Lawsuit To Force Return of $500,000 Gift
Published 1, January 25, 2012 Academics , Science , Society 16 Comments
Country singer Garth Brooks has prevailed in his lawsuit to force the IntegrisCanadian Valley Regional Hospital in Yukon, Oklahoma to return half a million dollars from a prior gift. The case will likely be examined closely by universities and hospitals as a cautionary tale on the handling of donor money. What is clear is that, after taking one of its largest donors to court, the IntegrisCanadian Valley Regional Hospital can expect a rather chilly response from future donors. Here is the get part: the jury decided that he was a Victim of the Game and made the damages a cool $1 million dollars with punitive damages. Now that was a smart legal strategy for the hospital.
Get Shortey: Oklahoma Senator Faces Down Cannibals With Bill To Bar Use Of Human Fetuses In Food
Published 1, January 25, 2012 Bizarre , Politics 20 Comments
Oklahoma GOP State Senator Ralph Shortey is one politician who is not afraid to take on special interest groups. This month he has introduced a bill that will enrage that powerful lobby of commercial product cannibals who seek to use human fetuses to spice up food. Shortey’s bill would prohibit the manufacturing and sale of food “which contains aborted human fetuses.” First, however, you will have to find one.
Justified Shooting? Man Shot and Killed By California Police After Smashing Windows of a Restaurant With A Pipe
Published 1, January 25, 2012 Criminal law , Society 33 CommentsThis video on YouTube raises serious questions over the necessity of shooting a man outside of a Carl’s Jr. in Monterey Park, California. The man was smashing windows with a pipe and failed to yield to commands from officers. When he turned toward one officer and raised the pipe, he was repeatedly shot by the other officer in the video.
14-Year Old Boy Killed After Shooting Himself In Head With Replica Cannon
Published 1, January 24, 2012 Bizarre , Criminal law 32 Comments
In Tremonton, Utah, a family is facing a bizarre tragedy after Robby Ostberg, 14, was killed after being shot in the head by a small replica cannon. Notably, the police have said that they first believed that the cannon was purely decorative but then found that it was designed to fire a .50-caliber round. That would create a possible basis for a tort lawsuit for negligence and possibly product liability.
Continue reading ’14-Year Old Boy Killed After Shooting Himself In Head With Replica Cannon’
Officer Pulls Over South Carolina Mayor For Speeding . . . Mayor Then Pulls Over Officer
Published 1, January 24, 2012 Bizarre , Criminal law , Politics 18 Comments
Norway Mayor Jim Preacher was not apparently happy about being pulled over by a South Carolina state trooper for speeding. After being given a ticket, Preacher proceeded to put on his own blue lights and pulled over the trooper in his capacity as Norway’s chief constable.
Texas Company Accused Of Dumping Pig Blood Into River Used For Recreation
Published 1, January 24, 2012 Bizarre , Religion , Torts 27 Comments
In Texas, investigators are demanding answers from Dallas meat-packing company Columbia Packing Company after photos appeared to show the company dumping pig blood into the Trinity River. The case raises some interesting legal questions.
Continue reading ‘Texas Company Accused Of Dumping Pig Blood Into River Used For Recreation’
French Senate Makes Denying Armenian Genocide A Crime
Published 1, January 24, 2012 Constitutional Law , Free Speech , International , Politics 19 Comments
We have been following the rapid diminishing of free speech in the West in recent years. It is particularly disconcerting to see this trend in our close allies of England and France (For a prior column, click here). Now, the French Senate has added a new speech crime — denying the fact of the Armenian genocide by Turkey. While I commend the motivation, the legislation is blind to the implications to free speech by criminalizing certain subjects for debate. It seeks to force critics to be silent under threat of criminal prosecution — an approach that produces only the appearance of agreement while denying citizens the basic right to be heard on such controversies.
Continue reading ‘French Senate Makes Denying Armenian Genocide A Crime’
Liberté, Egalité, Débauche: Former French Minister Pushes For Creation of “Napoleonland”
Published 1, January 24, 2012 Academics , Bizarre , International , Military , Society 6 Comments
As a history buff who loves visiting France, I have previously objected to the commercialization of historical sites of a former French minister of Versailles. However, nothing quite prepared me for the new idea of former French minister Yves Jégo, who is planning the creation of “Napoleonland.” He is raising £180 million for the amusement park on the site of Napoleon’s final victory at the Battle of Montereau in 1814 just south of Paris.
Continue reading ‘Liberté, Egalité, Débauche: Former French Minister Pushes For Creation of “Napoleonland”’
Former Prosecutor Sentenced To Three Years For Accepting Drugs For Fees
Published 1, January 24, 2012 Criminal law , Society 25 Comments
Former Florida prosecutor Aaron Slavin, 34, has received a three-year prison sentence for accepting more than 200 oxycodone pills as payment for legal services in 2010. His wife Eryn Slavin, 34, was also convicted of drug possession, but under the deal with her husband she will avoid jail time. His mug shot sheet shows an arrest in 2010.
Continue reading ‘Former Prosecutor Sentenced To Three Years For Accepting Drugs For Fees’
Supreme Court Unanimously Rejects Obama Administration’s Effort to Conduct Warrantless GPS Searches
Published 1, January 23, 2012 Constitutional Law , Criminal law , Society , Supreme Court 38 Comments
I previously wrote about the pending case of United States v. Jones and the effort of the Administration to establish precedent allowing the government to follow citizens with Global Positioning Devices (GPS) without any showing of probable cause. I am happy to report that the Court has ruled unanimously against the government and found the practice to be unconstitutional under the fourth amendment. It is a stinging defeat for the Obama Administration but a roaring victory for privacy and civil liberties at a time when good news is rare.
Rushdie To Judgment: Muslim Groups File Police Complaint Over Reading of Book By Salman Rushie
Published 1, January 23, 2012 Bizarre , International , Politics , Religion , Society 8 Comments
We have followed the rising prosecution of people for blasphemy around the world, including the West. Now, Muslim groups in India are calling for the prosecution of organizers for reading from Salman Rushdie’s banned book “Satanic Verses” at the Jaipur Literature Festival. Abdul Latif, state secretary of All India Milli council refers to the mere reading from the book as “condemnable” and said that the groups are collecting evidence for prosecution.
LawDragon has released the results of its increasingly popular survey of the top lawyers in America. I was fortunate to again make the list this year.
Continue reading ‘LawDragon Selects Top 500 Lawyers’
Editor of American Jewish Magazine Calls For Israel’s Mossad To Kill Obama
Published 1, January 23, 2012 Bizarre , Politics , Society 55 Comments
Andrew Adler, the owner and publisher of the Atlanta Jewish Times, has apologized after running a column that lists three options for Israel to deal with its current threats that included killing Barack Obama. The column went out of its way to make sure that readers “read ‘three’ correctly” — “U.S. based Mossad agents” should kill the president. The column is just one more example of how religious writers and politicians use faith as a vehicle for hate and violent speech. Given our discussion of Santorum’s honorary campaign chairman (who denounced gays as making God want to vomit), one has to wonder about the intestinal fortitude of the Almighty during periods of sectarian extremism.
Continue reading ‘Editor of American Jewish Magazine Calls For Israel’s Mossad To Kill Obama’
Human Rights Report: Iraq Now A “Budding Police State”
Published 1, January 23, 2012 International , Military , Politics 23 Comments
Remember our plans to introduce a free and democratic nation in Iraq? We have been following the rampant corruption and increasing use of Sharia law in the country. Now, the Human Rights Watch has issued a report that our billions of dollars and many lives were spent to achieve . . . “a budding police state” where torture and abuse is widespread. In the meantime, we have spent ten years cutting back on essential services and programs in the United States to fund this shining example of American intervention.
Continue reading ‘Human Rights Report: Iraq Now A “Budding Police State”’
Meet Rev. O’Neal Dozier: Santorum’s Florida Campaign Chairman Under Fire For Saying Gays “Make God Want To Vomit”
Published 1, January 23, 2012 Bizarre , Politics , Religion , Society 25 Comments
Rick Santorum has long been ridiculed for his anti-homosexual views, but he appears to have someone who can actually extend the extreme of the spectrum to his right: Rev. O’Neil Dozier. Dozier has told his flock that gay “make God want to vomit.” He appears to know a great deal about things that make God vomit. His website describes him as “a prayer warrior who faithfully spends time in his own prayer closet and teaches his flock to pray.” This is one American who might be better off staying in the closet.
Things That Tick Me Off: Steven Tyler
Published 1, January 23, 2012 Bizarre , Society , Things That Tick Me Off 34 Comments
This week, Steven Tyler — formerly of Aerosmith and presently of American Idol — has made my Things That Tick Me Off list. I watched the two playoff games last night, but the Ravens-Patriots Game began with one of the most painful renditions of the national anthem in the history of mankind by Tyler, who appeared to be offering a rendition (below) of what the song if it was played by strangling a cat. Of course, now that he has made our “Things That Tick Me Off” list I expect his television and singing career will now be over.
Crash More, Costa Less: Cruise Company Offers Crash Victims Thirty Percent Discount On Their Next Trip
Published 1, January 23, 2012 Bizarre , International , Society , Torts 11 Comments
One can certainly understand why victims of the recently wreck of the Costa Concordia were a little put out by a recent offer. The company, owned by Carnival, called to offer them a 30% discount on their next Carnival cruise after 12 people died on the last voyage and 20 are still missing. Truly savings to die for. For crash victims, it is like Ford’s Theater offering Mary Todd Lincoln “buy two, get one free” ticket deal on the next performance of “Our American Cousin.”
This film is the result of an experiment of locking a fully loaded bike in New York City and then taking one picture every day for 365 days.
The Roberts Court and Free Speech
Published 1, January 22, 2012 Constitutional Law , Courts , Free Speech , Justice , Lawyering , Supreme Court 24 Comments
Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
We have all certainly heard of the important Freedom of Speech cases that the Roberts led Supreme Court has decided. Citizens United is probably the most prominent one that comes to my mind. Of course, the Citizens United case promoted the ability of corporate entities to enjoy full Free Speech rights. Other important Free Speech cases that were decided by the Roberts Court include the military funeral case of Snyder v. Phelps, et al,(131 S. Ct. 1207 (2011) ) and the Brown v. Entertainment Merchants case (131 S. Ct. 2729 (2011) ) in California which overturned a California law which required parental consent for minors to rent or buy violent video games. Because of these decisions and others, some scholars and constitutional law experts make the claim that the Roberts Court is the most pro-free speech Supreme Court in history! Continue reading ‘The Roberts Court and Free Speech’
From the Bottom of My New Heart
Published 1, January 22, 2012 Academics , Columns , Media , Science , Society , Uncategorized , USA Today 35 CommentsSubmitted by: Mike Spindell, guest blogger
For the first time I am writing a guest blog with a blatant message supporting a cause that you might say is near and dear to my heart. I hope Professor Turley excuses this personal usage of my guest blogging
privileges, as hopefully will my fellow guest bloggers. Here is my pitch. Some regulars here at the Turley blog know that I am a heart transplant recipient. I received my new heart in October 17, 2010, two days after the birth of my third grandchild. I am, needless to say, an extremely lucky man. My nuclear family all had heart issues. My parents both died at the age of 54 from heart attacks (Myocardial Infarctions {MI’s} as they’re known in the trade). It was my mother’s fourth or fifth and came as a result of her third stroke. When my father died, the requisite autopsy found that this was actually his second MI. My older brother has also had a severe stroke and an MI, but thankfully he is doing quite well today at age 75.
The main reason I am alive today, beyond the fact of my heart transplant, is because my wife during the worst stages of my illness, literally saved my life four times. Her love, care-giving, watchfulness and fierceness in ensuring my medical care, pulled me through very difficult times. We married thirty years ago when I was thirty-seven and six months later I suffered a massive MI, literally destroying one of my three main arteries. Unlike me, she had never experienced the severe illness of someone close, so this transition was obviously shattering but she saw me through. I guess you could say that there is a certain resiliency about me because I was to have two more MI’s at five year periods and yet was able to recover from them and work productively. However, seven years ago at age sixty, in the prime of my profession; I developed Congestive Heart Failure (Cardio Myopathy) and was forced to retire. Continue reading ‘From the Bottom of My New Heart’
Submitted by Mark Esposito, Guest Blogger
The vote in South Carolina has propelled the lazy paced Republican race for its presidential nomination into high-gear. Gingrich’s convincing win against Romney has made what appeared just a few days ago as a Romney coronation into a two-horse race. Written off for dead last summer when his staff unceremoniously quit and the money dried up, Gingrich supporters are justifiably giddy by winning this ultra-conservative state, which has an undeniable track record of picking the eventual Republican candidate for the nation’s biggest political job. What makes this an even more impressive win is Gingrich’s lack of boots on the ground in these primary races and an almost indifferent attitude toward campaign infra-structure. Gingrich did say he was running a new kind of campaign, but what candidate hasn’t?
-Submitted by David Drumm (Nal), Guest Blogger
Cheryl Jones was attending services at the Disciple Fellowship Christian Church of East St. Louis, Illinois, when a female parishioner received the Holy Spirit. When she fell, she knocked over others in a domino effect. Jones was knocked to the floor and several people fell on top of her. Jones alleges she suffered injuries to her head, neck, back, and buttocks.
-Submitted by David Drumm (Nal), Guest Blogger
In memoriam: we present Johnny Otis in glorious STEREO!
Blocking the Vote: A Look at Who Is Behind Republican Efforts to Erect Voting Barriers in America
Published 1, January 21, 2012 Justice , Politics , Uncategorized 99 Comments
Submitted by Elaine Magliaro, Guest Blogger
Last December, the NAACP released a report titled Defending Democracy: Confronting Modern Barriers to Voting Rights in America. The report reveals “direct connections between the trend of increasing, unprecedented African American and Latino voter turnout and an onslaught of restrictive measures across the country designed to stem electoral strength among communities of color.”
Benjamin Jealous, NAACP President and CEO, said, “It’s been more than a century since we’ve seen such a tidal wave of assaults on the right to vote. Historically, when voting rights are attacked, it’s done to facilitate attacks on other rights. It is no mistake that the groups who are behind this are simultaneously attacking very basic women’s rights, environmental protections, labor rights, and educational access for working people and minorities.” He added, “Voting rights attacks are the flip side of buying a democracy. First you buy all the leaders you can, and then you suppress as many votes as possible of the people who might object.”
I should add that African American and Latino voters aren’t the only people who are being targeted by the “block the vote” effort. Young people and the elderly in some states may also face hurdles if they hope to exercise their right to vote in the November elections.
“The Authoritarians”, A Book Review and Book”
Published 1, January 21, 2012 Academics , Columns , Free Speech , Justice , Media , Military , Politics , Religion , Science , Society 28 CommentsSubmitted by: Mike Spindell, guest blogger
This week I’m presenting something a little different as a blog. I’ve just read an incredibly interesting book that I was turned onto by either or both, Dredd and Anon Nurse. This book has added scientific clarity to a phenomenon that I’ve noticed for many years, with dismay. Why is it that some people, in the face of overwhelming evidence to the contrary, doggedly hold onto beliefs that they can’t logically defend? We can all agree that there are some issues that simply do not lend themselves to being categorized into absolutes of right and wrong. However, I will let the reader catalog those issues mentally, since there will be some who would no doubt take umbrage from any examples I would personally present. Yet I assert that there are some issues where despite probable protests, are not open to rational dispute. One of these is the age of the Earth and the Universe. The Earth is far older than Creationists/Intelligent Design advocates would set at six or seven thousand years. This is proven fact. I note that there are many religious people who accept this scientific fact and yet still believe in a creator and while not by any means a fundamentalist, I do believe that there is a creative force that informs the Universe. Whatever that force may be, it did its thing multiple billions of years ago.
I presented the above to illustrate the difference between a proven fact and an as yet, if ever, provable belief. The book “The Authoritarians” was written by Bob Altemeyer, Associate Professor, Department of Psychology, University of Manitoba, Winnipeg, Canada. Professor Altemeyer has spent more than forty years doing research as a Social Psychologist into the parameters and root causes of authoritarian behavior in human beings. John Dean, of Watergate renown, made Bob semi-famous by using Bob’s work as a framework for his book “Conservatives Without Conscience”. I call Professor Altemeyer “Bob”, not out of personal familiarity, but because one of the joys of this book is that though it is a serious socio-psychological work, it is written by a man who doesn’t take himself too seriously, while presenting a very serious subject. My original intent in writing this piece was to present my conclusions, using the book as backup. However, the book, though well-documented, is only 262 pages and at the end of this piece will be a link that allows you to download it for free and read it. Bob presents this important topic far better than I could ever condense it. I’ll just give you a taste, hopefully whetting your appetite and then let you read it for yourself and draw your own conclusions. Continue reading ‘“The Authoritarians”, A Book Review and Book”’
Framing Discrimination As Religious Freedom
Published 1, January 21, 2012 Constitutional Law , Religion , Science , Supreme Court 76 Comments-Submitted by David Drumm (Nal), Guest Blogger
In a recent full-page paid advertisement in the Washington Post, the U.S. Conference of Catholic Bishops (USCCB) and dozens of leaders of Catholic organizations voiced their opposition to the Department of Health and Human Services (HHS) rule which they describe as forcing private health providers to provide “preventive services.” The HHS plan mandates, without charging a co-pay, co-insurance or a deductible, the provision of FDA-approved contraception methods. The advertisement claims these drugs may cause abortions which, by their definition, includes any single-celled fertilized egg that doesn’t implant.
The ad claims that following the HHS rule would violate their religious liberty and freedom of conscience.
Continue reading ‘Framing Discrimination As Religious Freedom’
Freeze Warning: South African Law Makes Unauthorized Weather Forecasts Illegal
Published 1, January 21, 2012 Criminal law , International , Science 36 CommentsSubmitted by Mark Esposito, Guest Blogger
American novelist Ilka Chase once wrote that, “Among famous traitors of history one might mention the weather.” Now it seems unauthorized predictions about the weather are getting the traitor treatment, too. A proposed South African law would make any weather forecast about severe weather or air pollution not authorized by the government-funded South African Weather Service (SAWS) subject to five years in prison and a $630,000.00 fine. The law would affect TV weather forecasters, online services like Weather.com, and community based weather services. Talk about a government sponsored monopoly.
Continue reading ‘Freeze Warning: South African Law Makes Unauthorized Weather Forecasts Illegal’
-Submitted by David Drumm (Nal), Guest Blogger
In memoriam: we present Etta James in glorious STEREO!
When Immunity Becomes Impunity: German Police Stop North Korean Ambassador From Fishing Without License . . . Ambassador Invokes Diplomatic Immunity and Keeps On Fishing As Police Watch
Published 1, January 20, 2012 Uncategorized 44 Comments
German police recently thought that they had just another illegal fishing incident at the Havel River in Berlin when they stopped a man and demanded his license. The man immediately informed them that he had no license and continued to fish. When they told him it was illegal, he promptly identified himself as Si Hong Ri, North Korea’s ambassador to Germany and apologized. He then continued to fish. Si Hong Ri had no identification on him, so the police were forced to call for their office to produce a picture of the ambassador and then stood there as Si Hong Ri continued to fish with immunity and impunity.
Continue reading ‘When Immunity Becomes Impunity: German Police Stop North Korean Ambassador From Fishing Without License . . . Ambassador Invokes Diplomatic Immunity and Keeps On Fishing As Police Watch’
Just Say No To Idolatry: Hamas Shuts Down Program As “Indecent” Under Islamic Law
Published 1, January 20, 2012 Bizarre , Free Speech , International , Politics , Religion , Society 14 Comments
Those crazy guys in Hamas are at it again. After banning women from riding motorcycles and men working as hairdressers and other “immodest acts,” Hamas has shutdown the Palestinian version of “American Idol” as “indecent” under Islamic laws and values. However, it appears kid shows featuring dismemberment and camps for kids to learn kidnapping are perfectly decent.
Continue reading ‘Just Say No To Idolatry: Hamas Shuts Down Program As “Indecent” Under Islamic Law’
Atheist Arrested In Indonesia For Blasphemy For Writing On Facebook “God Does Not Exist”
Published 1, January 20, 2012 Constitutional Law , Criminal law , International , Politics , Religion , Society 10 Comments
We have been following the increasing abuse of the legal system in Indonesia, including the application of Sharia law. Now, an atheist (identified only as Alexander) has been arrested and faced five years in jail for questioning the existence of God on his Facebook page. It is the latest blasphemy arrest, discussed earlier in a column.
Utah School District Rejects Cougar As Mascot As “Insensitive To Women”
Published 1, January 20, 2012 Animals , Bizarre , Society 29 Comments
School officials in Canyons School District Utah appear to be watching too much Sex in the City. The school officials wanted to pick a mascot for the new Corner Canyon High School and pushed the students to accept the ultra-lame “Chargers.” The students balked and instead picked the Cougars, but Principal Mary Bailey and the school district barred the names as “insensitive to women.”
Continue reading ‘Utah School District Rejects Cougar As Mascot As “Insensitive To Women”’
Justice According To Scalia and Thomas: Two Justices Dissent From Giving Death Row Inmate Appeals After He Was Abandoned By Counsel
Published 1, January 19, 2012 Constitutional Law , Courts , Criminal law , Supreme Court 51 Comments
Recently we discussed the twisted jurisprudence of Associate Justice Clarence Thomas. Thomas is back in another disturbing dissent written by Antonin Scalia in the case of Maples v. Thomas. Cory Maples was convicted of two murders in Alabama in 1997. Since Alabama does not pay for post-conviction assistance, he relied on Jaasai Munanka and Clara Ingen-Housz from the law firm of Sullivan and Cromwell. When the attorneys left, however, the firm let the case drop and Maples was never informed that an appeal had been denied. His time for appeal lapsed. Seven justices lined up to support the right to an appeal, including Roberts and Alito who are not known to support criminal defendants in most cases. However, Thomas and Scalia insisted that there was no need for further judicial review in light of the failure of counsel. If leaving a case entirely is not ineffective counsel, it is difficult to see when such a standard would be satisfied in the jurisprudence of Thomas and Scalia.
A Suicidal Pledge? Gingrich Reaffirms Pledge To Violate Constitution After Promising To Kill Enemies Of Our Nation
Published 1, January 19, 2012 Bizarre , Constitutional Law , Politics , Society 115 CommentsAfter pledging to kill our enemies, Newt Gingrich returned to one of his favorite themes: violating the United States Constitution. In Greenville, South Carolina, Gingrich again said that he would ignore Supreme Court decisions that he disagreed with. We have previously discussed the flaws in Gingrich’s legal and historical views, but my concern is that pledging to violate the Constitution would make Gingrich an enemy of our constitutional system. Does this mean that his first act would be to add his own name to the presidential hit list?
Bibles For Buncombe: North Carolina School Distributes Free Bibles But Refuses Donation Of Pagan Books
Published 1, January 19, 2012 Academics , Constitutional Law , Politics , Religion , Society 17 Comments
In North Carolina, students at the North Windy Ridge Intermediate School were told that they could pick up a free Bible, donated by the Gideons. When Ginger Strivelli’s son came home with a new Bible, she decided to offer her own free copies of sacred books. She is a pagan and brought pagan spell books to the office. She was turned away (though I expect spell books in the age of Harry Potter would be snatched up like Bertie Bott’s Every Flavor Beans). The Buncombe County Board of Education now says that it will reexamine its policies. However, this only came after a non-Christian religion asked for the same access to schools.
Israeli Scientists Developing Cyborg Rats
Published 1, January 19, 2012 Academics , Animals , Science 17 Comments
It is said that the world will rush to the door of the man with a better mouse trap, but what about a better mouse? A rat lies motionless on a sterile, spotless table. Israel’s Tel Aviv University psychology department is close to developing a cyborg rat — a leap ahead of those mad Swiss scientists. Where the Swiss are developing a more muscular mouse, the Israelis are going for the cyborg rat. I’ll put my money on the Israelis in the upcoming enhanced rodent wars.
Continue reading ‘Israeli Scientists Developing Cyborg Rats’
You Can Thank Me Later: Police Officer Breaks Into Wrong House During Fire
Published 1, January 19, 2012 Bizarre , Criminal law 21 CommentsThis video shows an officer smashing the windows of a house and forcing an older woman into the street in her nightgown to save her from a fire. The problem is that the fire was down the street.
Continue reading ‘You Can Thank Me Later: Police Officer Breaks Into Wrong House During Fire’
SITES UNITE TO STOP SOPA
Published 1, January 18, 2012 Academics , Congress , Constitutional Law , Courts , Criminal law , Media , Politics 79 Comments
Sites like Wikipedia, Google, YouTube, and Reddit have gone black this morning in protest of The Stop Online Piracy Act (SOPA), which threatens Internet independence and free speech as well as a host of other rights. We have long discussed the ever-widening array of criminal and civil penalties pushed through Congress by the powerful radio and television lobby as well as other industry groups. The Obama Administration has been particularly willing to carry the water for these groups over objections from public interest groups. SOPA reflects the power of this lobby and its hold over members of Congress and the Obama Administration. While the Obama Administration has now responded to the outcry by insisting that it will tweak the bill, such promises ring hallow given its past efforts to appease this industry and its dishonest statements recently in other areas like the indefinite detention controversy. Notably, the recent admission from the White House that it has some concerns over the bill did not come until the public rallied against the bill — another indication of the control of an industry group in the drafting of legislation. This lobby is not going to go quietly into the night. It is more likely that it will work with the White House and Congress to achieve the same purposes with an incremental series of laws — if it does not simply win outright.
Gingrich Pledges To Kill Enemies Of The United States
Published 1, January 18, 2012 Bizarre , International , Politics 57 Comments
I have previously questioned the historical and legal views of Newt Gingrich. However, we may agree on one recent historical claim: that Andrew Jackson tended to address enemies by killing them. As shown in the video below, Gingrich embraced this approach as a campaign pledge — eclipsing prior campaign pledges in the primary to bomb countries or torture detainees.
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Dutch Architect Proposes Floating Parks For Urban Centers
Published 1, January 18, 2012 Animals , Environment 20 Comments
Architect Koen Olthuis, of Dutch firm Waterstudio has proposed a rather intriguing floating parks for cities like New York and London that would create a haven for wildlife in urban centers — a park that would be inaccessible to humans that would create a multi-tiered living area for birds, bees, bats and other small animals.
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Who Burned The Senator?
Published 1, January 18, 2012 Bizarre , Criminal law , Environment 22 Comments
We have periodically been faced with a particularly twisted class of criminals who destroy nature, including historic trees (here and here and here), out of some deep-seated anger or objectification. The latest victim is “The Senator,” a 125-foot-tall bald cypress tree in the Longwood’s Big Tree Park in Florida. It was believed to be the oldest of its kind in North America and the fifth oldest tree in the world. Now it is a burned out trunk.
I have warned for years about the Martian menace and the lack of preparations of anti-Martian devices. Now the Martians are throwing rocks at us and all we can do is collect them. This is a picture of a Martian meteorite that hit near Foumzgit, Morocco in July 2011 and recovered last month.
Can You Guess What This Man Was Arrested For?
Published 1, January 18, 2012 Bizarre , Criminal law 9 Comments
David T. Peters, 66, of Streetsboro, Ohio chose this unfortunate teeshirt before being arrested for internet child porn. We have seen other arrestees with poor taste in booking attire, but Peters is certainly competing for the top spot.
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Laying Hands On The Faithful: Did Valerie Jarrett Trip The Wire In Using Atlanta Church To Stump For Obama
Published 1, January 17, 2012 Politics , Religion , Society 33 CommentsDemocrats and independents have often challenged the use of churches by GOP candidates for campaigning and voter registration drives. The same concern would appear raised by the remarks of senior White House adviser Valerie Jarrett this Sunday at Ebenezer Baptist Church where she appeared to be stumping for the President — followed by a voter registration drive at the church.
Florida Police Officer Turns Off Dash Camera and Audiotape, Beats Man With Dementia, and Receives Only A Written Reprimand
Published 1, January 17, 2012 Bizarre , Criminal law , Society , Torts 35 CommentsIn Florida, Melbourne police Officer Derek Middendorf is accused of beating a 66-year-old man suffering from dementia. A dash camera shows Middendorf delivering a kick to the stomach of Albert Flowers, then punching him after Flowers falls to the ground. The video also shows another officer running over and tasing Flowers in the face. The beating left Flowers in the hospital for a month. Yet, the police department only issued a written reprimand for one of the officers turning off the dash camera and audio equipment. A written reprimand. That’s it.
TSA Agents Steal $40,000 From A Passenger . . . And Receive Just Six Months In Jail
Published 1, January 17, 2012 Bizarre , Criminal law , Society 19 Comments
Recently, two former TSA screeners, 44-year-old Coumar Persad and 31-year-old Davon Webb were convicted of stealing $40,000 from a passenger’s luggage at John F. Kennedy Airport in New York. The amount of cash and the involvement of TSA officers obviously makes the story notable. However, what I found quite remarkable was the sentence that they received; six months in jail and five years probation. That is a remarkably light sentence for federal employees involved in a major theft while using public authority and resources.
Continue reading ‘TSA Agents Steal $40,000 From A Passenger . . . And Receive Just Six Months In Jail’
Bed, Bath & Beyond Tissue Boxes Found To Be Radioactive
Published 1, January 17, 2012 Bizarre , Society , Torts 15 Comments
Bed, Bath, & Beyond is recalling its metal tissue boxes after California health officials found a shipment to be radioactive. The boxes made in India appear to have been made from metal irradiated with cobalt-60. The “Dual Ridge Metal Boutique tissue boxes” are not exactly weapons of mass destruction but they do present a health risk.
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Want to Lose Weight? Think Red
Published 1, January 17, 2012 Academics , Bizarre , Science , Society 14 Comments
There is an interesting article published in Appetite Magazine showing the results of a study by German and Swiss academics into the effect of color on food consumption. The Scientists found that eating from red plates and drinking from red cups reduced the amount that people ate by forty percent.
Continue reading ‘Want to Lose Weight? Think Red’
Titan Has Heat . . . And Two Atmospheres
Published 1, January 17, 2012 Academics , Science 6 Comments
Scientists at the French National Centre for Scientific Research in Paris have published findings in Nature Geoscience that has challenged assumptions about the moon Titan, one of Saturn’s sixty moons and a focus of scientists because of the presence of an atmosphere and potential for life. Benjamin Charnay and Sébastien Lebonnois created a computer model that simulates the atmosphere on Titan and the model yielded some interesting results showing that the moon has two different boundary layers and the lower produces methane clouds, dune movement on the surface and wind patterns.
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Indefinite Detention of Citizens: A Response To Senator Carl Levin
Published 1, January 16, 2012 Congress , Constitutional Law , Courts , Criminal law , Free Speech , International , Lawyering , Military , Politics , Society 218 Comments
Yesterday, my column “10 Reasons The United States Is No Longer The Land Of The Free” ran in the Sunday Washington Post. I have been heartened by response to the column. However, a few commenters continue to suggest that the National Defense Authorization Act (NDAA) does not allow for the indefinite detention of citizens. This claim is being advanced by Senator Carl Levin (D., Mich.) in emails and fax messages to voters. I wanted to respond to Senator Levin’s points which are detached from language of the law and the clear intent of the majority of Senators. I would also like to address those who have stated that our liberties are not at risk when such powers will not affect most Americans.
Continue reading ‘Indefinite Detention of Citizens: A Response To Senator Carl Levin’
English Citizens Increasingly Turning To Sharia Courts
Published 1, January 16, 2012 Constitutional Law , Courts , International , Politics , Religion , Society 20 Comments
We have spent considerable time on this blog discussing the dangers of Sharia system in various Muslim countries like Iran and Saudi Arabia, particularly in the treatment of women and girls. However, in any free nation, citizens should be allowed to resolve their own disputes through private mediation or religious adjudications. This is what is happening increasingly in England where Muslims are circumventing the court system in favor of Islamic courts and Sharia law. The growing influence of Sharia courts has raised concerns among women’s groups and such reliance should come with added vigilance to ensure that all of the parties are truly consenting to such faith-based adjudications.
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A Smart or Dumas Move? Italy Set To Bomb Island of Montecristo With 26 Tons of Rat Poison
Published 1, January 16, 2012 Animals , Environment , Society 29 Comments
This is a bizarre story. We are all familiar with the island of Montecristo from the famous novel by Alexandre Dumas, The Count of Monte Cristo. If you go to the uninhabited island, however, you are likely to find not the treasure from the book (or Red Beard’s treasure, as has long been rumored to be buried there). What you will find are rats. Lots of rats. One for every square yard of island. Now, the Italian military is planning to literally bomb the island to kill the black rat (Rattus rattus) population — and save the island.
Uncle Shem Wants You? Israel Accused of Using U.S. Passport and Fake CIA Identities To Recruit Operatives
Published 1, January 16, 2012 Bizarre , Criminal law , International 14 Comments
Foreign Policy magazine has published an article that deals with an intelligence crisis that the Bush and Obama Administration appear to have buried away from public view. Internal memos reportedly detail how Israeli Mossad agents posed as CIA agents in the recruitment and running of operatives. Previously, Israel was criticized by various countries for using their passports and stolen identities of their citizens to kill a target in Dubai. The article suggests that Israel used U.S. money, passports, and identities for the false flag operation. What is fascinating is that the U.S. was accused (not surprisingly) of conducting the operation of cover support for Jundallah — a Pakistan-based Sunni extremist organization in 2007 and 2008.
Continue reading ‘Uncle Shem Wants You? Israel Accused of Using U.S. Passport and Fake CIA Identities To Recruit Operatives’
Did Martin Luther King’s ‘Dream’ Come True?
Published 1, January 15, 2012 Congress , Constitutional Law , Courts , Free Speech , Justice , Politics , Religion , Society 73 Comments
Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
On Monday we celebrate the life of the Reverend Martin Luther King and honor him for his work with the Civil Rights movement. One of his most famous speeches was the 1963 “I Have A Dream” speech that he gave in Washington, D.C. to a crowd of thousands. In that speech he laid out his vision and hopes for the Civil Rights movement. I would like to review some of his words and discuss if his dream came true for African-Americans and minorities throughout our country. “I have a dream that one day this nation will rise up and live out the true meaning of its creed: “We hold these truths to be self-evident: that all men are created equal.” ‘ Huffington Post Continue reading ‘Did Martin Luther King’s ‘Dream’ Come True?’
The DHS Wants to Know Who’s Spreading the News (or Expressing an Opinion), Your Rights Optional
Published 1, January 15, 2012 Constitutional Law , Free Speech , Justice , Media , Politics , Society , Supreme Court , Uncategorized 110 Comments
Submitted by Gene Howington, Guest Blogger
Freedom of speech is a well established right in this country and rooted in the 1st Amendment. ”Congress shall make no law [. . .] abridging the freedom of speech, or of the press”. The U.N.’s Universal Declaration of Human Rights Article 19 reads, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” Within the United States and our jurisprudence there are some exceptions to this freedom, but by in large (up to this point in history) the restrictions are both reasonable and necessary: the Miller test for obscenity, child pornography laws, laws prohibiting speech that incites imminent lawless action, restrictions on fighting words, regulation of commercial speech such as advertising, copyright and patent laws protecting authors and inventors control over their work, and the prohibition of slander and defamation.
Let’s be clear here that the subject isn’t just free speech, but anonymous political free speech.
Here at Res Ipsa Loqitur, there is a long standing policy of allowing anonymous posting to comments and protecting poster’s anonymity. The decision to post under your own name or not is entirely yours. This policy encourages free speech while allowing that having an unpopular or minority point of view should not have negative political consequences for the speaker or unnecessarily complicate their lives simply for expressing their views. Many political insiders and Washington professionals have told Professor Turley that they enjoy reading this blog and have enjoyed posting anonymously. The only posters here required to use their real identities are the guest bloggers and the requirement is voluntary. None of us were coerced into using our real names. When offered the honor of being a guest blogger, it was simply (and I think I speak for all the guest bloggers when I say fairly) a requirement in assuming editorial responsibilities. However, all of this raises an important question.
Do you have a right to anonymous political free speech?
According to the Supreme Court, you do. According to the Department of Homeland Security, you don’t. They’ve hired General Dynamics to track U.S. citizens exercising this critical civil right.
10 Reasons The U.S. Is No Longer The Land Of The Free
Published 1, January 15, 2012 Academics , Columns , Congress , Constitutional Law , Free Speech , International , Media , Politics , Society , Supreme Court 387 Comments
Below is today’s column in the Sunday Washington Post. The column addresses how the continued rollbacks on civil liberties in the United States conflicts with the view of the country as the land of the free. If we are going to adopt Chinese legal principles, we should at least have the integrity to adopt one Chinese proverb: “The beginning of wisdom is to call things by their right names.” We seem as a country to be in denial as to the implications of these laws and policies. Whether we are viewed as a free country with authoritarian inclinations or an authoritarian nation with free aspirations (or some other hybrid definition), we are clearly not what we once were.
Continue reading ’10 Reasons The U.S. Is No Longer The Land Of The Free’
Robot Love?
Published 1, January 14, 2012 Academics , Bizarre , Columns , Courts , Economics , Justice , Lawyering , Media , Politics , Religion , Science , Society , Torts 48 CommentsSubmitted by: Mike Spindell, guest blogger
Almost four weeks ago I read an article in Huffington Post entitled: “Can Loving A Robot Lead to Divorce?” by Vicki Larson, a journalist. http://www.huffingtonpost.com/vicki-larson/robots_1_b_1150679.html Ms. Larson introduces her piece by quoting the claims of a current manufacturer of anatomically correct “sex robots”, who presumably speak and move in sexual ways. I followed the article’s link to the website of the robots inventor, Douglas Hines, who enthusiastically discusses his creation and has a few videos (non-explicit) that demonstrate the robot’s “capabilities”. While the HuffPost article links the Company’s website, I’m not doing it here, since publicizing this device is not my aim. Should you want further information it is available at the articles link. The “sex robot” being produced now is but an update on inflatable sex toys, though with a “skeleton”, rudimentary movement and speech added. It therefore is only an opening reference to a real issue that will shortly become scientifically possible.
The next part of this short article is an overview with of the opinion of Artificial Intelligence Expert David Levy http://www.scientificamerican.com/article.cfm?id=humans-marrying-robots “It also may be the future of love and marriage, if you believe artificial intelligent (AI) expert David Levy, author of Love and Sex With Robots. According to Levy, human-robot sex, love and marriage is inevitable — perhaps as soon as 2025. He predicts that robots may not only be more lovable and faithful than many humans, but they may even be more emotionally available than the “typical American human male.” Not only will they make us become better, more creative lovers, but they also will offer those singles who feel a void in their emotional and sexual lives and married couples with differing sexual needs new, nonjudgmental ways to be happy and healthy. Although Levy believes that the “availability of regular sex with a robot will dramatically reduce the incidence of infidelity as we know it today,” he also acknowledges there may be some potential sticky points. “Some human spouses and lovers might consider robot sex to be just as unfaithful as sex with another person.”
Levy’s view naturally flows into the conclusion of the article which is an E Mail interview with Sonya Ziaja, a San Francisco Bay Area attorney who blogs at numerous law and policy media outlets as well as her own, Shark. Laser. Blawg.
“And what could be more fraught with legal dilemmas than a love triangle among a married couple and a sexbot? How that might impact a divorce? That’s what Ziaja explores in her paper, “Homewrecker 2.0: An Exploration of Liability for Heart Balm Torts Involving AI Humanoid Consorts,” which she presented at the 2011 International Conference on Social Robotics that took place in Amsterdam at the end of November.
“If the doll’s owner becomes enamored with the doll, and leaves his spouse, can the spouse sue as she or he would be able to if the interloper had been human? And who would be sued? The manufacturer? Inventor? The AI itself?” she questions. “So long as we’re intent on adding socially interactive AI into situations that would ordinarily be only human. … socially interactive robots need to be ‘safe to play with’ in a way that manufacturers of toaster ovens never had to imagine.”
Thus we are presented here with a legal quandary instigated by the advent of revolutionary technology affecting serious legal, moral and ethical issues. How should we view this inevitability and how shall we deal with it as a society? Continue reading ‘Robot Love?’
DOJ Weighs In On Police Taping Case
Published 1, January 14, 2012 Constitutional Law , Courts , Criminal law , Supreme Court 28 Comments-Submitted by David Drumm (Nal), Guest Blogger
In May 2010, Christopher Sharp used his cell phone camera to record Baltimore City Police officers arrest and beat a female acquaintance at the Plimlico Race Course. The officers detained Sharp, seized his cell phone, and returned it later with all his videos deleted, including videos of his young son at sports events. Sharp filed a complaint in the Circuit Court for Baltimore City Maryland which was later moved the United States District Court for the district of Maryland.
The United States Department of Justice has decided to get involved, on the side of Sharp.
-Submitted by David Drumm (Nal), Guest Blogger
If you were disappointed that this song was mono on their 2009 box set, rejoice, because we present The Beatles in glorious STEREO!
Pat and Keith’s Excellent Adventure: Pundit Soap Operas
Published 1, January 14, 2012 Media , Politics 41 CommentsSubmitted by Mark Esposito, Guest Blogger
Venerable daytime soap One Life To Live may have signed off for the last time Friday after 44 years, but the tales of two political pundits are poised to take up the slack. msnbc reports that uber-conservative Pat Buchanan has been granted leave of absence from the cable network after coming out with his new screed book, Suicide of a Superpower. With tantalizing chapter titles like The End of White America and The Death of Christian America, network chief Phil Griffin pulled the plug on msnbc’s version of the “Wild Man of Borneo” in October saying he “didn’t think it should be part of the national dialogue much less part of the dialogue on MSNBC.” Amen to that brother, but shouldn’t we at least get a little sample like this beaut:
Back then, black and white lived apart, went to different schools and churches, played on different playgrounds, and went to different restaurants, bars, theaters, and soda fountains. But we shared a country and a culture. We were one nation. We were Americans.
Continue reading ‘Pat and Keith’s Excellent Adventure: Pundit Soap Operas’
Employment Discriminaton Filing: Snack Maker Accused of Firing Employee For Wearing Prosthetic Device
Published 1, January 13, 2012 Bizarre , Society , Torts 27 Comments
Now this is going to be an interesting case. Pauline Davis, 45, has filed a gender discrimination case against J&J Snack Foods after the company (making churros and other frozen snacks) allegedly fired her for wearing a prosthetic penis to work. She seems to have a viable case.
British Find That Detainee Was Tortured As Part Of American Interrogation . . . Obama Administration Threatens To Cut Off Intelligence To England
Published 1, January 13, 2012 Criminal law , International , Politics 78 CommentsWhile the Obama Administration continues to block any independent investigation in this country or by other countries, Britain has angered Obama officials by confirming that a suspect was tortured as part of his interrogation by the United State in Morocco. The use of other countries to torture U.S. detainees through “extraordinary renditions” is well documented. However, the Obama Administration reportedly threatened to cut off Britain from access to intelligence if the country told the truth about the torture of Binyam Mohamed. Thus, while publicly condemning the desecration of dead Taliban as “deplorable” and promising an investigation (after the photos were published by the media), the Administration continues to use classification laws to prevent the truth from being revealed about American involvement in potential war crimes. What is particularly disturbing is that this story has received relatively little attention in the United States media, which appears to have “moved beyond” torture in favor of Tebow as a worthy subject of coverage.
Police Seek Culprit Who Seriously Injured Man In Spontaneous “Dwarf Toss”
Published 1, January 13, 2012 Bizarre , Criminal law , Society , Torts 19 CommentsThere is an interesting criminal and tort case being investigated in England. Martin Henderson was celebrating his 37th birthday when he found himself airborne — thrown by another man in the bar who saw him as a dwarf for the tossing. Henderson suffered injuries as a result of the toss and the man fled.
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Ben Stein’s Money: Actor Sues Japanese Company For Dumping Him For Another Nerdy Economist
Published 1, January 13, 2012 Academics , Society , Torts 14 Comments
Ben Stein is an actor who often appears at conservative conferences and events — often speaking against such things as global warming. Stein’s hard-right politics has made him a hero for conservatives and a villain for liberals. Now, however, he is suing after a company decided that his political advocacy undermined his value as a spokesman. While some conservatives might view such discrimination lawsuits and emotional distress claims as another sign of our litigious society, Stein is suing Japanese company Kyocera Corporation and the New York ad agency Seiter & Miller for the loss of a $300,000 gig. He says that Kyocera then tapped a University of Maryland economics professor whom his lawsuit portrays as a Stein lookalike or clone. Stein declares in his lawsuit that he is “the most famous economics teacher in the world.” Sure there were Adam Smith, John Kenneth Galbraith, and John Maynard Keynes. There were even people like Karl Marx who fashioned themselves as well known economists. But none of them appeared in “Ferris Bueller’s Day Off.”
Continue reading ‘Ben Stein’s Money: Actor Sues Japanese Company For Dumping Him For Another Nerdy Economist’
Kathleen Edwards, 2003-2012
Published 1, January 13, 2012 Criminal law , Society , Torts 36 Comments
It is with an extremely heavy heart that I have to report that nine-year-old Kathleen Edward died of Huntington’s disease on Wednesday night. We discussed Kathleen’s illness as part of a horrific case about bullying by a neighbor, Jennifer Petkov.
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Justice According To Thomas: Dissent in Case Overturning Murder Conviction Highlights The Twisted Jurisprudence of Clarence Thomas
Published 1, January 12, 2012 Constitutional Law , Criminal law , Society , Supreme Court 54 CommentsThe extreme views of Justice Clarence Thomas were put into sharp relief yesterday when he stood alone in an 8-1 decision to overturn an outrageous conviction from New Orleans. In the face of shocking misconduct by prosecutors under Harry Connick Sr., even the most conservative members lined up to denounce the case . . . all but one.
Brava, Jessica Ahlquist: Rhode Island High School Student Wins Separation Lawsuit
Published 1, January 12, 2012 Academics , Constitutional Law , Politics , Religion , Society 116 Comments
Rhode Island high school student Jessica Ahlquist has taught her school officials a useful lesson on civics this week. The Cranston High School West student won her challenge to a large prayer mural displayed at the school with a federal judge ordering its removal as a violation of the separation of church and state.
Continue reading ‘Brava, Jessica Ahlquist: Rhode Island High School Student Wins Separation Lawsuit’
Tennessee City Manager Criticized For Ending Regular Prayer Meetings For City Employees During Work Hours
Published 1, January 12, 2012 Politics , Religion , Society 19 Comments
Michelle Williams, was the city manager of Mt. Pleasant, Tennessee for only one full week when she tackled a controversial practice: prayer services during office hours of the employees at City Hall. For years, the local chaplain has been holding prayer services during work hours and Williams pointed out that such observations violated the separation of church and state. She got the local chaplain to agree to hold the daily prayers either before or after work hours. This manifestly reasonable request has led to opposition from some, including City Commissioner Bob Shackelford who wants the prayer sessions to continue.
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Report: Loggers Accused Of Capturing Eight-Year-Old Girl From Remote Amazonian Tribe And Burning Her Alive
Published 1, January 12, 2012 Criminal law , Environment , Military 12 Comments
Various groups have accused loggers in Brazil of a heinous and unspeakable crime: capturing an eight-year-old girl from one of the Amazon’s last uncontacted tribes and burning her alive as a warning to leave the mineral-rich area. Both a tribal chief and a Catholic group have come forward to confirm the story, which is still being investigated.
Too Sooner For Sharia? Tenth Circuit Rules Against Oklahoma’s Anti-Sharia Law
Published 1, January 11, 2012 Constitutional Law , Courts , International , Politics , Religion , Society , Supreme Court 21 Comments
We previously discussed the law passed in Oklahoma barring state judges from considering Islamic and international law in their decisions. Now the United States Court of Appeals for the Tenth Circuit has blocked the law. The three-judge panel upheld an injunction barring certification of Question 755. The decision has some important language for both standing and free exercise claims.
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Drinking Tom Cruise: Ebay Offers Bottles Of Pool Water Used By Tom Cruise
Published 1, January 11, 2012 Bizarre , Society , Torts 21 Comments
Why roll around in the food leftovers of higher caste people, when you can wash in the water used by Tom Cruise. For a little over $100 you can now buy an eight-ounce bottle of pool water used by Tom Cruise and his family on July 16, 2011.
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Two-Thirds of Polled Pastors Reject Evolution
Published 1, January 11, 2012 Religion , Society 49 Comments
A survey by the Southern Baptist Convention shows that 73% of Protestant pastors reject the concept of evolution — even when asked if they believe God used evolution to create humans. Forty-six percent maintained that the Earth is only roughly 6000 years old despite tests showing rocks that are millions of years old.
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Women Barred From Speaking At Gynecological Conference in Israel Due Pressure From Orthodox Jewish Groups
Published 1, January 11, 2012 Constitutional Law , International , Politics , Society 69 Comments
A conference on “Innovations in Gynecology/Obstetrics and Halacha [Jewish law]” will be held this week to discuss such things as “how to choose a suitable contraceptive pill” but women will be barred as speakers. Bowing to ultra-Orthodox Jewish leaders in Israel, the Puah Institute has barred female speakers and ordered that women are to be segregated in female-only areas. With the ongoing protests over the mistreatment of women and girls by Orthodox Jews in some areas, the conference only magnifies the tensions in the country.
When You Really Need A New Art Piece in Three Minutes Or Less . . .
Published 1, January 11, 2012 Uncategorized 9 CommentsIf you felt Bob Ross simply took too long on those paintings, you might want to check this guy out.
Continue reading ‘When You Really Need A New Art Piece in Three Minutes Or Less . . .’
Hindus Protest Move To End Ritual Of Low Caste Indians Rolling In The Leftover Food Of Higher Caste Indians
Published 1, January 10, 2012 Bizarre , Free Speech , International , Politics , Religion 28 Comments
Made Snana is a century-old ritual in India where low-caste Hindus roll in the leftover food from the meals of higher caste Brahmins. It is believed to be cure of such things as skin disorders and fulfillment of wishes, but a group of religious leaders have called for a ban on the practice. That has prompted violent attacks from those insisting on the continuation of the ritual.
Actress Sues Amazon For Disclosing Her Real Asian Name and Age
Published 1, January 10, 2012 Society , Torts 12 Comments
There is an interesting privacy case out of New York where an actress was forced to reveal her identity as the plaintiff in a lawsuit against Amazon’s website IMDb. Huong Hoang, 40, tried to file anonymously after accusing Amazon of harming her by disclosing her Asian name and age. The federal judge however gave her two weeks to put her name on the lawsuit or face dismissal.
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Bravo, Colonel Bruno, Bravo
Published 1, January 10, 2012 Constitutional Law , Politics , Religion , Society 56 Comments
We are often discussing stories of religious intolerance and sectarian prejudice on this blog, so it is refreshing to report an act of kindness and tolerance on occasion. Despite opposition from Christian groups, the United States Air Force Academy has established an area for pagans to pray in Colorado called the Falcon Circle. The academy’s senior chaplain, Col. Robert Bruno, insisted that freedom of religion means that cadets should be able to practice their religion — a novel concept to some who later desecrated the religious site.
Greece Declares Pedophilia A Disability Deserving State Benefits
Published 1, January 10, 2012 Bizarre , International , Society 32 Comments
The Greek government is being denounced by the National Confederation of Disabled People after it added pedophiles, exhibitionists, and kleptomaniacs to the list of disabled people entitled to state benefits. They have joined pyromaniacs, compulsive gamblers, fetishists and sadomasochists as persons entitled to ask for government assistance.
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This hilarious video shows a father trying to get a baby to answer “Dad” to the question of “Whose your favorite parent?” It is clear that Mom got there first . . .
Continue reading ‘The Ugly Face Of Maternal Propaganda’
Assumption of the Risk? Bungee Cord Snaps Sending Australian Woman Plunging Into Crocodile-Infested Waters
Published 1, January 9, 2012 Bizarre , Torts 68 Comments
Next time you think that torts exams are too fanciful, consider the potential case of Australian tourist Erin Langworthy, 22, in Zimbabwe. Langworthy arranged to jump off the Victoria Falls bridge, but received a bit of a nasty surprise when the bungee cord snapped and there was not back up cord. Oh, and I forgot to mention, she was bungeeing above crocodile-infested waters.
Continue reading ‘Assumption of the Risk? Bungee Cord Snaps Sending Australian Woman Plunging Into Crocodile-Infested Waters’
Seal Accidentally Kills Himself In Showing Date His Guns
Published 1, January 9, 2012 Bizarre , Criminal law , Military 37 Comments
We have yet another tragic case of an individual killed by fooling around with a loaded gun. In this case it was one of the most highly trained military service members, Navy Seal Petty Officer 3rd Class Gene “Geno” Clayont, Jr. Police report that Clayont returned from a bar with a woman and was showing her his guns when he placed a gun to his head that he thought was empty and pulled the trigger.
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New York Pastor Arrested For Robbery and Kidnapping At Buffalo Wings Restaurant
Published 1, January 9, 2012 Bizarre , Criminal law , Religion , Society 13 Comments
In Rochester, N.Y., pastor Anthony Lee Drumgoole, 23, has been laying his hands on more than the faithful. He is charged with a robbery at the Carolina Forest Buffalo Wild Wings and racked up additional charges of kidnapping and four counts of financial transaction card fraud. He was arrested at his church.
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Catholic Cardinal: UNESCO Plots To Make “Half The World Population Homosexual”
Published 1, January 9, 2012 Bizarre , Politics , Religion 20 Comments
For some people, a dark global conspiracy evolves around the trilateral commission or the military-industrial complex or even fluoride in the water. For some in the Vatican, it appears to be that sinister group in United Nations Educational, Scientific and Cultural Organization (UNESCO) and their insidious plan to make “half the world population homosexual.” It is not clear who our overlord in the new gay regime will be, but I see the hand of Harvey Fierstein who has secretly longed for global domination.
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Perry Outdoes Opponents and Appears To Suggest the Re-Invasion of Iraq
Published 1, January 9, 2012 International , Politics , Society 37 Comments
Even with Ron Paul shredding Newt Gingrich as a “chickenhawk,” Rick Perry outdid a field of candidates who appear to be running on promises to invade or bomb other countries. However Perry is the only guy who is not only eager to start another war but willing to restart a prior war. Top that Newt.
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How the Bankers of Wall Street Are Helping to Bankrupt America
Published 1, January 8, 2012 Economics , Politics 114 Comments
Submitted by Elaine Magliaro, Guest Blogger
I’ve heard many politicians talk about what they believe were the causes of the financial meltdown of 2008 and the money problems facing our federal, state, and local governments today. These causes include: collective bargaining, pensions, healthcare costs for public workers; subprime mortgages taken out by poor people who couldn’t actually afford to buy homes; the high costs of Social Security, Medicare, and Medicaid. Many of these same politicians rarely put the blame for the financial crises we are experiencing in this country today on the cost of waging two wars—or on the financial shenanigans of the big banks of Wall Street.
In February of 2010, Mike Elk wrote an article for the Huffington Post titled How Big Banks’ Greek-Style Schemes Are Bankrupting States Across the U.S. In it, he talked about a financial instrument called the “interest rate swap”—which is a kind of unregulated derivative.
Here’s an excerpt from Elk’s article:
Just when you thought Wall Street couldn’t get any more clever in their attempts at predatory lending, they have.
Big Banks have created an exotic financial instrument that is the equivalent of a payday loan for cash-strapped state and local governments, innocently labeled an “interest rate swap.”
In the United States, states and local governments cannot run deficits. This year states face a $357 billion budget shortfall and local governments are facing an additional $82 billion budget shortfall. States have begun cutting basic services like snow removal, reduced garbage pickup, and in Colorado Springs they went to the pawn shop – selling police helicopters on the Internet.
In a desperate effort to meet budget needs, states and local governments over the last decade have gone to the big banks to ask for exotic instruments known as interest rate swaps. These desperate state and local governments were taken advantage of in the same way that Greece was by Goldman Sachs. Likewise, these swaps are threatening the economic health of local cities and states.
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-Submitted by David Drumm (Nal), Guest Blogger
This case has everything a Fourth Amendment nerd could want, it’s got curtilage, sniff tests, and unreasonable searches. The case is Jardines v. State in which Miami, Florida, police, supported by DEA agents, conducted a “sniff test” by a detection dog, a chocolate lab named Franky (left). The warrentless sniff test, based on an anonymous tip, occurred at the front door of Jardines’ private residence. Franky alerted to the odor of narcotics and a search warrant was obtained. The search found marijuana was being grown inside the home.
Marine Biologist Faces 20 Years For Feeding Whales
Published 1, January 8, 2012 Animals , Bizarre , Courts , Criminal law , Things That Tick Me Off 31 CommentsBy Mark Esposito, Guest Blogger
Renowned marine biologist Nancy Black faces 20 years in prison and a half million dollars in fines for allegedly unlawfully feeding killer whales. And no,she didn’t feed them people. Apparently,Black, who’s been featured on PBS, Animal Planet, and National Geographic has been charged with running afoul of the Marine Mammal Protection Act. The charges stem from a 2005 research trip in which Black filmed a gray humpback whale and a pack of killer whales swimming nearby. She’s accused of feeding the killer whales and then altering a video of the “crime.” Here’s her lawyer’s account of the heinous attack on the environment.
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