Archive for September, 2007

Testimony: Tobacco and Regulation by Litigation

The testimony below concerns the new controversy of the status of tobacco as a product in the U.S. Continue reading ‘Testimony: Tobacco and Regulation by Litigation’

Dems Propose 156% Increase in Tobacco Tax

To pay for the proposed children health program, the Democrats are turning to a familiar source: cigarettes. Continue reading ‘Dems Propose 156% Increase in Tobacco Tax’

Murtha Must Testify in Defamation Case

In what is shaping up to be a very interesting defamation case, a federal judge has ordered Rep. John Murtha to testify in a defamation lawsuit filed against him for commenting on an alleged Iraqi massacre. Continue reading ‘Murtha Must Testify in Defamation Case’

Duke President Apologizes for “Not Getting it Right”

The President of Duke University today apologizes to the Duke Lacrosse students for failing to do more to protect their rights — an act strikingly transparent and tragically too late. Continue reading ‘Duke President Apologizes for “Not Getting it Right”’

AG Nominee Mukasey Cost Taxpayers $28 Million in Security

A recent report indicates that former judge Michael Mukasey’s special security detail cost the taxpayers $10,000 a day and over $28 million despite the fact that many people in the government doubted a serious threat against him from terrorists. Continue reading ‘AG Nominee Mukasey Cost Taxpayers $28 Million in Security’

Court upholds right of homeless couple to procreate

The New York Appellate Court ruled this week that a family court judge could not ban two homeless people from having children until they could get back their previous four children from foster care. Continue reading ‘Court upholds right of homeless couple to procreate’

Jefferson Tape: “What a Waste”

Juries often find tapes to be conclusive evidence. They pride themselves on their ability to read the truth from a source that does not spin or package a statement. Thus, the first reaction (as the FBI knows) to the disclosure of a sting is critical. Continue reading ‘Jefferson Tape: “What a Waste”’

Widespread Abuse Alleged Against Chicago Police Department

Amid recent videos of police abuse, Chicago is facing thousands of complaints of police beating and arresting citizens with no cause. Between 2002 and 2004, over 10,000 complaints have been filed but only 18 have resulted in meaningful disciplinary action. Continue reading ‘Widespread Abuse Alleged Against Chicago Police Department’

Increase in Deadly Amoeba Linked to Global Warming

There are a host of diseases and illnesses that are expected to rise with the global temperatures. One of the most deadly is an illness caused by an ameoba called Naegleria fowleri. Continue reading ‘Increase in Deadly Amoeba Linked to Global Warming’

Lawyer Pleads Guilty to Destruction of Porn Files from Church Computer

A well-known Conn. attorney admitted this week that he destroyed evidence in a child pornography investigation at Christ Church in Greenwich, the former church of President George H.W. Bush. Continue reading ‘Lawyer Pleads Guilty to Destruction of Porn Files from Church Computer’

Students Protest Pledge of Allegiance with Walk-Out

Roughly 50 Boulder High School students walked out of class, protesting the reading of the Pledge of Allegiance and recited their own version, omitting “one nation, under God.” Continue reading ‘Students Protest Pledge of Allegiance with Walk-Out’

Bush Administration Finally Yields to Demand for Lawyers for High-Value Detainees

The Bush Administration has finally yielded to international demands and offerred legal representation to high-value detainees. For the story, click here It represents the abandonment of one of the most hypocritical and controversial positions of the United States in its war on terror. Continue reading ‘Bush Administration Finally Yields to Demand for Lawyers for High-Value Detainees’

Tattoos and the Constitution

Given the controversy over the apartment building barring individuals with tattoos, the prior column below may be of interest since it dealt with a case that almost received Supreme Court review on the constitutional aspects of state limitations. Continue reading ‘Tattoos and the Constitution’

Parents Sentenced for Serving Alcohol to Teens

Two parents were sentenced this week for allowing teenagers to drink at a party at their house. In this Illinois case, the husband was sentenced to 14 days in jail and his wife to community service. Continue reading ‘Parents Sentenced for Serving Alcohol to Teens’

Stolen Neck Bone Implanted in Patient

A fascinating case has been filed in New York. James Livingston sued after he learned that bone implanted in his neck to relieve back pain was stolen from a corpse. Continue reading ‘Stolen Neck Bone Implanted in Patient’

Nursery Closed for Taping Pacifier to Mouth of 4-Month Baby

In what is likely to become a torts case, a nursery has been closed for taping a pacifier to the mouth of a child — an abuse allegedly committed on other children. Continue reading ‘Nursery Closed for Taping Pacifier to Mouth of 4-Month Baby’

Catholic Bishop Alleges Condoms Intentionally Infected with HIV/AIDS to Kill Africans

Archbishop Francisco Chimoio, head of the Catholic church in Mozambique said on Wednesday that some European-made condoms were deliberately infected with the HIV/AIDS virus to kill African people. Continue reading ‘Catholic Bishop Alleges Condoms Intentionally Infected with HIV/AIDS to Kill Africans’

Man Arrested for Coughing on Officer

Only recently, the media revealed a case where an officer arrested a fast-food employee for putting too much salt in his burger. Now, another officer has arrested a motorist for coughing in his direction during a traffic stop. Continue reading ‘Man Arrested for Coughing on Officer’

Tragedy of the Commons: Developing Nations Reject Global Warming as Number One Priority

Before the start of the international conference on global warming, various countries including China made clear that they will continue to put economic development ahead of the environmental, even if global warming threatens a worldwide ecological disaster. Continue reading ‘Tragedy of the Commons: Developing Nations Reject Global Warming as Number One Priority’

Another Judge Finds Patriot Act Provisions Unconstitutional

U.S. District Court Judge Ann Aiken added her voice and her court to a growing list of judges who have struck down provisions of the Patriot Act. Continue reading ‘Another Judge Finds Patriot Act Provisions Unconstitutional’

Another Video of Taser Abuse: Women Tasered Repeatedly by Ohio Officer

An woman named Heidi Gill is shown in a hysterical state as a Warren, Ohio officer named Rick Kovach repeatedly uses his taser on her. Continue reading ‘Another Video of Taser Abuse: Women Tasered Repeatedly by Ohio Officer’

DOJ Nominee Mukasey Subject of Marshal Complaint

Former Judge Michael Mukasey was the subject of a complaint by marshals while he was receiving years of security protection. The complaint also appears to refer to Judge Thomas Duffy, who also handled terrorism cases in New York. It is not clear which allegations refer to Mukasey and which refer to Duffy from having marshals carry their grocery to demanding their first class seats on airplanes to generally treating them as servants. For the full story, click here

Tattoo Discrimination? Apartment Building Bans Anyone with Tattoos and Piercings

An interesting fight is brewing in San Antonio over a new type of alleged discrimination. Gilbert Carrillo was not only denied a lease but lost his application fee due to his tattoos, which he views as an art form. Continue reading ‘Tattoo Discrimination? Apartment Building Bans Anyone with Tattoos and Piercings’

Academic Freedom: Anti-War South African Scholar Banned from U.S.

The ACLU has filed a lawsuit after a well-known anti-war activist was barred from the United States without any explanation or known justification. For the story, click here Adam Habib is deputy vice-chancellor of Research, Innovation and Advancement at the University of Johannesburg. He is also a muslim and anti-war scholar. Continue reading ‘Academic Freedom: Anti-War South African Scholar Banned from U.S.’

Supreme Court will Consider Constitutionality of Lethal Injections

The Supreme Court today accepted a Kentucky case challenging the constitutionality of lethal injection as a form of execution. Continue reading ‘Supreme Court will Consider Constitutionality of Lethal Injections’

Die Hard Director’s Case is a Bad Omen for Craig

As Sen. Craig is attempting to withdraw his guilty plea in Minnesota, the former director of the Die Hard movies has failed to win on precisely the same claim in California. Continue reading ‘Die Hard Director’s Case is a Bad Omen for Craig’

State Prosecutor Brings More Charges on Vick

It is often said that one day on the cover of Time, the next day doing time. It is a reference to the perils of celebrity status. Today, while the state prosecutor in the Michael Vick dog-fighting case announced that he intended to file a flurry of charges against Vick, a grand jury handed down two charges against Vick: one count of killing dogs and one of promoting dogfights. For story, click here It has become now routine for state and federal prosecutors to essentially double charge for the same conduct. Continue reading ‘State Prosecutor Brings More Charges on Vick’

Academic Freedom Under Attack: College Professor Claims He Was Fired for Questioning the Story of Adam and Eve

In a story that can only make Iranian President Mahmoud Ahmadinejad feel more comfortable visiting the United States, a community college professor says that he was fired after stating in his Western Civilization class that the story of Adam and Eve should not be read literally. A community college instructor in Red Oak claims he was fired after he told his students that the biblical story of Adam and Eve should not be literally interpreted.
Steve Bitterman calims that officials at Southwestern Community College fired him after a handful of students threatened legal action.
For the full story, click here

Video Disputes Ahmadinejad’s Claim of No Gay Community or Struggle in Iran

In only the latest bizarre statement for Iranian President Mahmoud Ahmadinejad, he has claimed that there is no gay community in Iran, virtually suggesting a gay-free country. In fact, there is a struggling gay rights movement that has been repressed with his government’s signature cruelty and religious fanaticism. For disturbing pictures of the execution of two accused homosexuals, click here These pictures explain why so few openly gay individuals are visible in a country where morality laws demand that they be executed. For the video documentary on this civil rights movement, click here

Columbia President Bollinger Abandons Principle and Attacks Ahmadinejad

Columbia President Lee Bollinger was supposed to introduce Iranian President Mahmoud Ahmadinejad on Monday. While many expected a speech on freedom of speech and academic freedom, Bollinger launched into a personal attack on Ahmadinejad. Bollinger has been getting great criticism for the invitation and seemed to want to fend off critics with his attack on Ahmadinejad. Continue reading ‘Columbia President Bollinger Abandons Principle and Attacks Ahmadinejad’

Atheist student’s home attacked by poor-spelling religious extremists

While an atheist soldier litigates a claim of discrimination by the military (discussed below), an atheist high school students found her home vandalized for challenging “God Bless America” as an appropriate song for her school. Continue reading ‘Atheist student’s home attacked by poor-spelling religious extremists’

Animal Cruelty and Animal Liability: Man Pulls Off Head of Duck in Hotel Lobby

Scott Clark, a guest at an Embassy Suites Hotel in St. Paul, is accused of ripping the head off a duck that lived in the hotel’s pond inside its lobby. Witnesses said that Clark ripped its head off and turned to onlookers and said: “I’m hungry. I’m gonna eat it.” Continue reading ‘Animal Cruelty and Animal Liability: Man Pulls Off Head of Duck in Hotel Lobby’

Military accused of discrimination against atheists

The military has long been accused of discrmination against agnostics and atheists. Despite the claim that “there are no atheists in foxholes,” many soldiers have fought for the country despite being agnostics or atheists. Their patriotism comes from faith in our country, but that is not enough for some military officers. Recently, wiccan families have protested the refusal to include their symbols on tombstones for fallen soldiers who gave their lives in Iraq and Afghanistan. Now, Spc. Jeremy Hall has filed a lawsuit saying that he was punished for trying to organize meetings for atheists and non-Christians in Iraq, including an effort to block his reenlistment. For the full story, click here

Academic Freedom Under Attack: Legislators Threaten to Punish Columbia for Ahmadinejad Speech

With today’s speech by Iranian president Mahmoud Ahmadinejad, legislators are threatening to pull state funds unless Columbia engages in self-censorship and bars the speech. Columbia has not been a particularly reliable first amendment advocate in the past. In a shocking display of anti-free speech conduct, students shutdown a speech by the head of an anti-immigration movement and did not have punishment. Continue reading ‘Academic Freedom Under Attack: Legislators Threaten to Punish Columbia for Ahmadinejad Speech’

Design Defect Alleged in Chinese-Made Crib: A Case of Foreseeable Misuse?

One million Chinese cribs have been recalled due to a design defect that allows assemblers to put one of the sides (which slides down for removal of the infant) on the crib upside down. Continue reading ‘Design Defect Alleged in Chinese-Made Crib: A Case of Foreseeable Misuse?’

British Man Faces Minor Charges After Urinating on Dying Woman for Youtube Video

Anthony Anderson appeared in court in England to plead guilty to a shocking attack on a dying woman. While shouting, “This is YouTube material!,” he urinated on 50-year-old Christine Lakinski, who died on the street of pancreatic failure. Johnson also doused her with a bucket of water and covered her with shaving cream. He pleaded guilty to “outraing public decency,” a surprisingly low-grade offense for the conduct. Continue reading ‘British Man Faces Minor Charges After Urinating on Dying Woman for Youtube Video’

False Teeth: Conversion or Trespass to Chattel?

Often in class, we discuss the difference between conversion and trespass to chattel. Often with trespass to chattel the owner seeks the return of the item and any damages to it. However, if the item is damaged heavily or destroyed, they are more likely to allege conversion. Such damage can be alleged if the item is not destroyed or broken but its continued use is obnoxious or practically barred. The example that I have given is someone stealing another person’s false teeth. Now, there is such a case. Click here for the story. Note also the close relationship to criminal and tort conversion in such a case.

Florida Court Accepts Castration as Part of Rapist Sentence

In a move that will shock many concerned with the de-evolution of legal standards, a Florida judge has reduced a life sentence in exchange for a voluntary castration of a rapist. A reduction from life to 25 years seriously undermines the notion of the castration as voluntary and the use of such physical alteration or mutilation (depending on your view) should send shock waves throughout the system. For the story, click here

Senator Stevens and Congressional Corruption: Where were Alaskan voters?

For years, Senator Ted Stevens has been the poster boy of congressional corruption. I have written for years about his very public effort to enrich himself and his family. He now appears to be in serious trouble, but the question is why Alaskan voters allowed him to continue so long after media and columnists raised such issues over and over again. For a prior column on Stevens, click here .

First Amendment Issue: When is a Noose a Crime?

I used to live in Alexandria Louisiana and I can certainly attest to a few throw backs and racists in that part of the country. However, the arrests yesterday of an adult and a minor for dangling nooses off the back of a pick-up truck raises some very serious first amendment issues. In the controversy over the Jena, La. cases, police appear to have attacked quickly to make the arrest. However, a noose is a symbol of expression for bad or good. It should be protected speech. The case could return the courts to the question of when a burning cross can be prosecuted as hate speech — a very controversial matter recently ruled upon by the Supreme Court (in upholding criminal prosecution for a cross burning on private property).

For the picture of the nooses and the full story, click here

Medical Malpractice: Doctor Cuts Open Cancerous Tumor and Spills Cells into Woman’s Stomach

An Iowa doctor, Dr. Curtis Hoegh, is accused of accidentally cutting open a tumor removed from her ovary and spilling cancerous tissues or cells into her abdomen. Continue reading ‘Medical Malpractice: Doctor Cuts Open Cancerous Tumor and Spills Cells into Woman’s Stomach’

A matter of price: Yale Law School backs down on military recruiters

For years, academics have been divided over the movement to bar military recruiters from campus as a discriminatory organization. It is clear that the “don’t ask, don’t tell” policy is discriminatory and therefore violates the standard bar on potential employers who engage in discrimination based on race, religion, gender or sexual orientation. However, while I have been a vocal support of gay rights on many fronts, I was one of those who opposed the litigation that my law school joined. At the time, I stated that it was not only a clear loser on the law but it represented a type of hypocrisy: we insist that we cannot allow discrimination but, if money is at stake, we will allow it. The only principled decision would have been bar the military regardless of the consequences. For an column on the issue, click here

Now Yale has reached its price. However, one must ask if, considering the outrage in court papers, this is like saying that we will allow racially discriminatory employers on campus if they offer us enough money. For the article, click here.

The Solomon Amendment and Hypocrisy

Published in January 2006

Following oral argument on Dec. 6, the U.S. Supreme Court is now pondering the wisdom of Solomon.

The Solomon Amendment withholds federal funds from any school that does not provide the same access to military recruiters as it does to other potential employers. Law schools have rallied against the rule for violating their nondiscrimination policies as well as their constitutional rights of speech and association. In the balance are the right of Congress to condition the receipt of federal funds, the right of free speech-and literally billions of dollars that could be lost by schools unable to reconcile anti-discrimination policies with their receipt of federal money. Continue reading ‘The Solomon Amendment and Hypocrisy’

Video: Rev. Lennox Yearwood Tackled, Arrested, and Injured on Capitol Hill

Only a day after the Meyer video, a new video shows Rev. Lennox Yearwood being thrown to the ground and arrested by Capitol Hill police outside of a hearing room. The incident occurred September 10th. For a video of the incident, click here. The video of the incident shows little beyond verbal resistance. It is particularly alarming to see that Capitol Hill police are charging him with assaulting an officer. No such assault appears on the tape. Historically, police has treated any contact as an assault — which is an abuse of this category of offense. Continue reading ‘Video: Rev. Lennox Yearwood Tackled, Arrested, and Injured on Capitol Hill’

Meyer Case Raises Significant Questions of Campus Speech and Student Responsibilities

The videotaped incident involving Andrew Meyer and Senator John Kerry has caused an uproar among students and faculty. Meyer’s begging security staff not to “tase me, bro” struck a nerve among students who feel that security and police often over-react. Continue reading ‘Meyer Case Raises Significant Questions of Campus Speech and Student Responsibilities’

Video of Pluto Dog Attack: Strict Liability Offense?

Under the common law, owners are strictly liable for attacks by wild animals or by domesticated animals with violent or dangerous propensities. How about a man dressed as Pluto? For the video, click here According to witnesses, the boy began the encounter with a kick in the groin. I suppose he was lucky he did not mess with Grumpy who would have gone medieval on the kid.

No Vote for D.C. After Failure in Senate to Secure 60 Votes

Supporters of the D.C. vote bill have failed to secure the necessary 60 votes to move the measure to the floor for a vote. Continue reading ‘No Vote for D.C. After Failure in Senate to Secure 60 Votes’

Federal prosecutor nabbed in attempted statutory rape and abuse of 5-year-old girl

There has been much talk in the last few years about the federalization of child porn stings — once viewed as a largely state area. However, the DOJ has worked with the FBI in going after child predators. Given all of the media attention to internet stings, therefore, it was especially shocking this morning to learn that a federal prosecutor had been nabbed trying to arrange sex with a five-year-old girl on the internet. Continue reading ‘Federal prosecutor nabbed in attempted statutory rape and abuse of 5-year-old girl’

Video of Student Tasered at Kerry Event

The video of a student who was hit with a taser is another example of how this device is being widely misused by law enforcement and campus police. This student was clearly obnoxious and clueless in the length of his comments. He was also resisting. However, at no point did he warrant the use of the taser. For the video, click here The most disturbing fact is that this occurred in front of hundreds of witnesses. Most such abuses occur with only the officers and the victim as witnesses.

Product liability, Crocs, and Escalators

An interesting product liability case may be brewing over widespread reports of people, particularly children, having their toes crushed or ripped off by escalators while wearing the popular soft crocs footwear. If these shoes cannot be worn on escalators safely, they may be deemed to have a design defect. However, courts usually do not find such defects for obvious risks. For example, what is the difference between a croc and a fip-flop when it comes to this particularly danger? The softness of the rubber may prove the key to any liability. For the story, click here

Judge Mukasey is the New Bush Nominee for AG

Jusge Michael Mukasey, former chief of the United States District Court for the Southern District of New York, has been formally nominated by President Bush. Continue reading ‘Judge Mukasey is the New Bush Nominee for AG’

Wisconsin case could prove key to McCann Murder Investigation

The ongoing murder investigation targeting the parents of Madeleine McCann may turn on the reliability of sniffer dog evidence. Continue reading ‘Wisconsin case could prove key to McCann Murder Investigation’

OJ Simpson Accused of Theft of Sports Memorabilia

OJ Simposon is under investigation by Las Vegas police for a theft at the Palace Station casino. He is accused of stealing sports memorabilia had been stolen. However, Simpson appears to have told the dealer (after being contacted) that the memorabilia had been stolen from him. This a common scene as people try to take possession of property or chattel that they insist belongs to them. Continue reading ‘OJ Simpson Accused of Theft of Sports Memorabilia’

Man Impales Himself on Fence in Trespass Case

A man, trying to sneak into a concert, impaled his thigh on a 12-foot, wrought-iron fence. The fence has sharp-ended spikes that rise about 8 inches above a horizontal bar. Under common law, a landowner has no duty to trespassers. Continue reading ‘Man Impales Himself on Fence in Trespass Case’

Large Rat Raises Significant First Amendment Issue

The the International Brotherhood of Electrical Workers (IBEW) has promised to appear a decision upholding the right of a small New Jersey town to ban the use of a 20-foot inflatable rat as a symbol of line crossers at a labor protest site. It raises a very interesting constitutional issue. The ordinance banning such signs is fairly common in limiting commercial speech. Here, however, we have pure political speech. The conflict between the first amendment and time-place-and-manner restrictions should be interesting.
For the full story, click here

Possible Claim of False Statements by Lawyers in High-Profile Case of Foxy Brown

In the August hearing involving rapper Foxy Brown, her counsel made a surprising revelation that she was pregnant in a clear effort towards a more lenient statement. That claim has now been withdrawan — raising issues of a possible false statement. Lawyers are subject to rules concerning candor to the tribunal and false statements. Such statements in court can be the subject of sanctions by both the court as well as the bar. For the full story, click here.

Wisconsin Man Sues Brut Cologne When It Ignites Near Campfire

An 81-year-old Milwaukee man has sued the Brut cologne company after the product allegedly ignited when he used a campfire. Continue reading ‘Wisconsin Man Sues Brut Cologne When It Ignites Near Campfire’

Rosh Hashanah Function in Florida Leads to Police Action and Arrests

In what appears to be case of unnecessary force and arrest directed against students, Orlando police arrested individuals at a college Rosh Hashanah prayer service. It is a common complaint from students: they object to treatment by officers and are promptly arrested. I have seen a number of these abuses, where officers punish citizens for voicing objections by making them spend the night in jail or face arraignment. For the most recent story, click here This follows a shocking video recently of another officer openly taunting a young man with his ability to make up reasons to arrest him. For the vido, click here

Man Builds Guillotine and then Kills Himself

In Michigan, a 41-year-old man apparantly went to considerable effort to build a functioning guillotine and then used it to behead himself. Suicides are criminal in part because we believe that it is not only a waste of a human life but that such acts are often taken on impulse and without rational consideration. This suicide falls into a sizable number of cases where the act is not just premeditated and combined with obviously careful planning.
For the story, click here

Craig and Jefferson: Congressional Investigations and The Need for Congressional Restraint

Published in Roll Call September 13, 2007

Cases Offer Insight On Congressional Investigations

For most of their careers, there were two men in Congress who could not be more different geographically, culturally or politically than Sen. Larry Craig (R-Idaho) and Rep. William Jefferson (D-La.). Yet, both men are now making arguments to their respective houses that are virtually identical: Congress has no right to investigate or to punish them for their alleged misconduct outside of Congress. Putting aside the vitriol following their arrests, both men have actually raised some compelling arguments that have been largely ignored by the press. Continue reading ‘Craig and Jefferson: Congressional Investigations and The Need for Congressional Restraint’

Video of police officer’s meltdown highlights abusive traffic stops

The recent video of an officer melting down in a traffic stop and abusing a driver should serve to draw attention to this form of abuse. The officer taunts the driver that he can just make up a violation and send him to jail. I have had a steady stream of such complaints from citizens who are arrested for merely objecting to policy conduct. They are thrown into jail and the charges eventually dropped. The officers are never punished in such cases. Perhaps this officer will be different. There is no reason why this individual would be allowed to remain on the force. For the video, click here

Florida Judge Allows Defendant to Avoid Life Sentence in Exchange for Castration

A Florida judge has agreed to sentence a man to 25 years if he has a surgical castration in the next eight days. Bobby James Allen pleaded guilty to three counts of armed sexual battery and other charges. Continue reading ‘Florida Judge Allows Defendant to Avoid Life Sentence in Exchange for Castration’

Woman Tortured and Assaulted Over a Week by West Virginia Family

A shocking case with racist elements has emerged from West Virginia where a white family held an African-American women captive for a week during which she time she was repeatedly torture and assaulted. The case would allow for both criminal and tort charges. Continue reading ‘Woman Tortured and Assaulted Over a Week by West Virginia Family’

The Spector of Celebrity Trial

September 11, 2007 Los Angeles Times

In his closing argument last week in the murder trial of pop music legend Phil Spector, prosecutor Alan Jackson encouraged jurors to ignore the experts who testified for the defense because, he said, “if you hire enough lawyers who hire enough experts who are paid enough money, you can get them to say anything.” He went on to inform the jury that “Phil Spector thinks if he throws enough money at a problem, he can solve the problem.”

It was a highly unprofessional argument that encouraged jurors to dismiss the opinions of any experts who appear on behalf of wealthy defendants as, in effect, purchased testimony. Yet the fact is that such witnesses are not only available to the rich; even a public defender is allowed to call such witnesses, at public expense, who would probably have made the same arguments. Continue reading ‘The Spector of Celebrity Trial’

Lawsuit Seeks to Clear the Way for Video Cock Fighting

Jason Atkins, creator of ToughSportLive, has gone to court to seek to strike down a 1999 law banning the creation, possession or transmission of materials depicting animal cruelty. Continue reading ‘Lawsuit Seeks to Clear the Way for Video Cock Fighting’

Spector Goes to Jury After Improper Prosecution Arguments Over Celebrity Justice

The trial of music legend Phil Spector for murder has gone to the jury. Continue reading ‘Spector Goes to Jury After Improper Prosecution Arguments Over Celebrity Justice’

Lawyer Found Naked with Minor in Courthouse Pleads No Contest

Philadelphia criminal defense attorney Larry Charles was found by security naked with a minor in the lawyers lounge of the Courthouse. He has pleaded no contest to the charges and stands accused of repeated cases of statutory rape with various underaged girls. For the story, click here Given the common increases for aggravating factors such as the abuse of positions of authority, Charles is looking at some very serious time.

University of Colorado to Face Trial for Alleged Off-Campus Gang-Rape

In what could be a very significant torts case, the 10th Circuit Court of Appeals has reversed a trial judge and found that the University of Colorado can be sued for the alleged gang rape by football recruits. Continue reading ‘University of Colorado to Face Trial for Alleged Off-Campus Gang-Rape’

Craig Papers: Senator Seeks to Undo Plea with Manifest Injustice Claim

The papers of Craig to withdraw his guilty plea are now public. For the papers, click here As expected, they argue that Craig’s decision (despite many days of consideration) was made without counsel and sufficient thought. This falls under the category of more stupidity and manifest injustice. The officers clearly misled Craig on the strength of the evidence but Craig is now trying to address a self-inflicted wound.

Animal Cruelty Case: Owner Tries to Bury Horse Alive

In a disturbing case out of Florida, an owner tried to get construction workers to bury his horse alive, according to police reports. The bulldozer operator refused. At most the owner could be charged with animal neglect for leaving the horse in the sun without water or food, a second-degree misdemeanor. For the story, click here.

Craig Reportedly Ready to File to Withdraw Plea

In the endless saga of Sen. Craig, his attorneys are now prepared to file as early as this week for the withdrawal of his plea. Continue reading ‘Craig Reportedly Ready to File to Withdraw Plea’

Global Warming May Kill Off Polar Bear Population

A recent study has indicated that melting ice from global warming will kill off half of the polar bear population by 2050 and could wipe out the species in the wild. For the story, click here

Burger Mishap Leads to Police Misconduct

In what appears to be a clear case of abusive by a police officer, a women was arrested at a McDonald’s after serving a police officer a burger that was over-salted. The officer said that he became sick and accused the woman of adding the salt and pepper on purpose. She spent the night in jail despite the fact that she explained that an entire batch was oversalted by accident. The arrest of an individual out of personal outrage is a classic form of police abuse. The fact that the arrestee spent the nighti in jail shows how a citizen can be punished by an angry officer even without a meritorious charge. For the story, click here

America’s Separate But Equal School System

The opening of the controversal arabic-centered public school in New York, once again, raises the issue of the reintroduction of separate but equal principles in America.

A prior column addressed this problem in a different context in Chicago: Continue reading ‘America’s Separate But Equal School System’

Whale Shot with Machine Gun

There has always been an uneasy compromise between environmentalists and native groups over whaling. Various groups with cultural histories of whaling and a need for the food have been allowed to kill a small number of whales each year. Now, authorities have discovered that one tribe shot a harpooned whale with a 50-caliber machine — hardly a traditional whaling technique. Criminal charges are possible. For the story, click here

Tort Case Filed by Paris Hilton Against Hallmark

One of the privacy related torts is the misappropriation of a name or likeness of a celebrity. Perhaps the most interesting (and in my view wrongly decided case) was the successful challenge by Vanna White against Samsung: arguing that a robot turning cards was a misappropriation of her likeness for commercial purposes. Others like Johnny Carson sued over his trademark phrase, Here’s Johnny. Now Paris Hilton is suing over her likeness and trademark phrase (“I’t Hot”) due to a card put out by Hallmark. For the story, click here

Jefferson Deserves Presumption of Innocence

Below is a prior column on the Jefferson case from Roll Call. Continue reading ‘Jefferson Deserves Presumption of Innocence’

Jefferson Challenges Criminal Complaint in Alexandria

Rep. William Jefferson has filed motions challenging his criminal complaint and the venue of his trial. The motions are actually quite strong on their face, particularly the notion that the government failed to allege a connection between the alleged bribe and some official act. Continue reading ‘Jefferson Challenges Criminal Complaint in Alexandria’

Polygamist Goes on Trial

Warren Jeffs, a cult-like leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints, will start jury selection today for his trial on two counts of first-degree felony rape as an accomplice for his alleged role in coercing the 2001 marriage and rape of a 14-year-old girl. Continue reading ‘Polygamist Goes on Trial’

Nifong Takes Mugshot and Goes to Jail

Mike Nifong formally went to jail today. After taking the mugshot below, he will spend 24 hours in jail. He still faces civil liability for his role in the Duke scandal. For the story and mugshot, click here

Practicing Without a License: Two Arrested in California for Home Cosmetic Surgery Operations

The common law has long been harsh on those who practice a profession without a license. One rules imposed the professional standard of care in any injuries that result. Continue reading ‘Practicing Without a License: Two Arrested in California for Home Cosmetic Surgery Operations’

Judge Strikes Down Parts of Patriot Act

Various judges have ruled against the Bush Administration’s various national security programs as well as provisions of the Patriot Act. Continue reading ‘Judge Strikes Down Parts of Patriot Act’

Art of the Apology

From Vitter to Craig, the public has been given a steady stream of apologies from public figures. This has become an art form in D.C. You first apologize and then go into seclusion or, better yet, a detox clinic. Here is a past column on the art of apology.

The lost art of the apology
Last week the public learned an important tip from Martha Stewart in her criminal case: Being contrite is fashionable but being sincerely contrite is strictly passe. Continue reading ‘Art of the Apology’

Duke Players Seek Millions in Lawsuit

The Duke lacrosse players falsely accused of rape are now seeking as much as 20 million dollars and changes in state law. These type of lawsuits constitute an important deterrent to prosecutorial abuse and thus the lawsuit is likely to be greeted by many. For the story, click here

Parade Accident Leads to Tort Case

Cars for Kids, a charity, has been sued and may go insolvent after an accident at a parade. Continue reading ‘Parade Accident Leads to Tort Case’

First Amendment: Court upholds firing of cop involved in after-hours porn site

In a case with some interesting first amendment implications, a police officer has been fired after the department learned that he ran an explicit porn website that showed him and his wife. The Ninth Circuit held that an officer could be fired for “sleazy” conduct — rather than protecting his individual right to engage in lawful forms of expressions. It is another version of the porn internet legal fight that has been raging. The Supreme Court has protected the right of porn sites over federal statutes. For the story, click here

First Amendment: Court upholds firing of cop involved in after-hours porn site

In a case with some interesting first amendment implications, a police officer has been fired after the department learned that he ran an explicit porn website that showed him and his wife. The Arizona police officer sold “vulgar and indecent” sex videos, which included scenes with his wife. The Ninth Circuit ruled against Ronald Dible and in favor of the Chandler, Arizona police department. The Court held that an officer could be fired for “sleazy” conduct — rather than protecting his individual right to engage in lawful forms of expressions. It is another version of the porn internet legal fight that has been raging. The Supreme Court has protected the right of porn sites over federal statutes. For the story, click here

Senate To Move Forward with Ethics Investigation of Craig

Sen. Craig’s attorney has tried and failed to get the Senate to drop its planned investigation into his guilty plea. Stan Brand has a good point that this is not the type of matter that has been historically investigated. Disorderly conduct is an extremely minor offense and the matter does not relate to his senatorial duties. However, the Senate rules are quite broad and reserves the right to investigate any “improper conduct which may reflect upon the Senate.” Historically, however, this matter would not be subject to such review. There are few cases of actual expulsion or even censure in its history. Senator William Blount of Tennessee was expelled on the basis of evidence that he incited native americans to go to war against the United States. Even Joseph McCarthy was only censured after his reign of terror against accused communists.

Finkelstein and DePaul Reach Settlement

In a case with serious implications for academic freedom, Norman Finkelstein has agreed to resign in an undisclosed settlement. Regardless of his controversial views on the Holocaust, the international campaign against Finkelstein has caused many academics object that core principles of academic freedom are being assaulted. For the full story, click here

Microwave Popcorn Manufacturer Announces Change in Product Due to Popcorn Lung Findings

As a follow up to the earlier entry, the leading manufacturer of microwave popcorn has announced that it will drop the critical ingredient linked to “popcorn lung.”
For the story, click here

Judge Accused of Spanking Prisoners

Mobile County Circuit Judge Herman Thomas is accused to taking prisoners about the jail, ordering them to remove or drop their pants, and spanking them in a room in the Courthouse. Thomas has refused comment. However, if true, this would follow a gradual erosion of judicial restraint and growth in novel punishments, which appear to cable shows and public sentiment. For prior column, click here
For the story, click here

Craig’s Attorneys Challenge Senate Investigation

Sen. Craig’s attorneys have challenged the basis for a Senate investigation into his conduct, arguing that such minor crimes are historically not the subject to such congressional action. This is largely true. Continue reading ‘Craig’s Attorneys Challenge Senate Investigation’

Defamation: Birkhead To Sue Over Crosby’s Book on Anna Nicole Smith

Photographer Larry Birkhead has stated that he will sue Rita Crosby over her new book alleging that he was the homosexual lover of Howard K. Stern, Smith’s attorney and companion. Thee book, “Blond Ambition: The Untold Story Behind Anna Nicole Smith’s Death,” will now be the basis for a defamation lawsuit and Birkhead has warned that “If I were Rita Cosby, I’d be very concerned.” He’s right. Continue reading ‘Defamation: Birkhead To Sue Over Crosby’s Book on Anna Nicole Smith’

Latest Product Liability Claim: Popcorn Lung

For many years, it has been suspected that workers at factories making microwave buttered popcorn have a higher risk of lung cancer. Called “popcorn lung,” this condition has now been found in at least one consumer. Denver doctors have notified the government that the case involves an individual who made the popcorn several times a day. While this is a lot of popcorn consumption, it is not a great deal of exposure when you consider most risks found in defective products. The suspected culprit is the diacetyl in butter flavorings, which is an approved flavor from the FDA. This is now shaping up into a classic products case and the industry will have to decide what steps to take after being notified of the potential dangers to consumers. For the full story, click here

NBC Reports that Craig is Reconsidering Decision to Resign

It would be the world’s greatest irony. NBC is reporting that Sen. Craig is now reconsidering his decision to resign. Continue reading ‘NBC Reports that Craig is Reconsidering Decision to Resign’

Justice Delayed: Exxon Still Fighting Damages for Exxon Valdez Spill

Exxon Corporation is still fighting damages for fishermen and others harmed by its infamous oil spill from the Exxon Valdez in 1989. Continue reading ‘Justice Delayed: Exxon Still Fighting Damages for Exxon Valdez Spill’

Helmsley Family and State Law Bar Fulfillment of Will

It appears that the will of Leona Helmsley may go unfulfilled in critical parts. State law prevents Helmsley’s dog from being buried with her. Helmsley left the eight-year-old Maltese $12 million to live on — an amount viewed widely as obscene, particularly after Helmsley’s notorious treatment of employees, cutting off family members, and financially ruining her son’s widow. Now, her brother has indicated that he will not comply with the demand to take care of the dog.

Helmsley Family and State Law Bar Fulfillment of Will

It appears that the will of Leona Helmsley may go unfulfilled in critical parts. State law prevents Helmsley’s dog from being buried with her. Continue reading ‘Helmsley Family and State Law Bar Fulfillment of Will’

Gay Groups Demand Action Against Jerry Lewis for Broadcast Slur

Various gay groups are demanding an apology and other action after Jerry Lewis’ bizarre slur using “faggot” during his famed telephon. Click here for the video and story. It is a creepy video to watch and even creepier at a national fund-raiser. He has already issued an apology for a poor choice of words. Click here for apology.

Nepal Airline’s Response to Mechanical Problem: Sacrifice Two Goats

It appears that Nepal Airline has been having technical problems. It is less clear whether part of its response would reassure passengers: sacrificing two goats to Akash Bhairab, the Hindu sky god.
For the full story, click here

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