In the last year, we have seen some alarming examples of how Canada has rolled back on free speech, particularly in cases of alleged discrimination (here and here). However, the Supreme Court of Canada has handed down a unanimous decision that offers great hope that free speech is not dead in the North. The Court ruled 9-0 in favor of controversial Vancouver radio broadcaster Rafe Mair in his libel case.
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Archive for June, 2008
Supreme Court of Canada Defends Fair Comment and Free Speech
Published 1, June 30, 2008 Constitutional Law , Politics , Society , Torts 3 CommentsFrench Give Public a Realistic Demonstration of a Hostage Rescue: Shooting 16 Bystanders
Published 1, June 30, 2008 Uncategorized 0 Comments
The French marines stationed at the Laperrine military barracks wanted to give the public a realistic example of a hostage rescue operation. One soldier, however, used life rounds and shot 16 people including children. The incident is under investigation, but officials have stated that it may have been an accident.
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Indian Businessman Sentenced to Life for Killing Daughter-in-Law
Published 1, June 30, 2008 Criminal law , Society 1 Comment
Chiman Rai, 68, was sentenced in Atlanta, Georgia to life in prison for the murder of his daughter-i-law. The Indian born businessman was accused of killing Sparkle Michelle Rai because she was black and he viewed the marriage as bringing shame upon his family.
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Swedish Tort: Parliament Considers Charge of Discrimination for Not Inviting Two Boy to Birthday Party
Published 1, June 29, 2008 Bizarre , Politics , Society , Torts 9 Comments
In Sweden, a family has found itself reported to Parliament for its violations of anti-discrimination laws. The offense? It’s eight-year-old boy failed to invite two children to his birthday party. It is still unclear whether the “goodie bags” will raise any additional legal questions, but party counsel has been hired for the occasion.
Teen Decapitated in Latest Accident at a Six Flags
Published 1, June 29, 2008 Bizarre , Society , Torts 13 Comments
A 17-year-old boy was decapitated by a roller coaster at Six Flags Over Georgia. It is only the latest mishap on such rides and the matter is being investigated to determine why the teen (with a friend) scaled two six-foot fences to gain access to the off-limits areas.
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Bonkers in Yonkers: Police Officer Charged with Body-Slamming Woman in Restaurant
Published 1, June 29, 2008 Bizarre , Criminal law , Society , Torts 6 Comments
Yonkers officer Wayne Simoes has been charged with violating the civil right of Irma Marquez when he body slammed her on a tile floor causing serious injuries.
The video is below.
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New York Police Allegedly Film Themselves Framing Four Men
Published 1, June 29, 2008 Criminal law , Society , Torts 1 Comment
New York undercover police officers filmed themselves framing four men in a drug case. The films shows that brothers Jose Colon and Maximo Colon had no contact with the officers despite their sworn statements that the men sold them drugs. The Colon brothers were ruined over the six months, it took to clear their names and are now suing.
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Exorcising Free Exercise: Texas Supreme Court Rules That Church Can Injure Minors During Exorcisms
Published 1, June 28, 2008 Uncategorized 35 Comments
The Texas Supreme Court has ruled that the Pleasant Glade Assembly of God cannot be held liable for injuries to a 17-year-old girl from an exorcism performed on her by the church members. Laura Schubert was cut and bruised and suffered lasting psychological trauma but the Texas Supreme Court said that it is all part of free exercise of religion.
Senators Craig and Vitter Team Up to Save Marriage
Published 1, June 28, 2008 Uncategorized 14 Comments
The cherished institution of marriage in the United States is about to be saved. Sen. Larry Craig (R-ID), fresh from his bathroom arrest, and Sen. David Vitter (R-LA), fresh from his call-girl scandal, have co-sponsored S. J. RES. 43, dubbed the Marriage Protection Amendment, to bar same-sex marriage. They have joined their colleagues to amend the United States Constitution to state that marriage “shall consist only of the union of a man and a woman.” Now, that is a wide constitutional stance.
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Old Van w/ Low MPG, High FS (Free Speech): Ninth Circuit Rules in Favor of Van Speech
Published 1, June 28, 2008 Bizarre , Constitutional Law , Criminal law , Society 2 Comments
The Ninth Circuit has rendered an interesting first amendment decision on the right to cover one’s car with unpopular or obnoxious statements. Matthew Fogel painted his van with such ditties as “ALLAH PRAISE THE PATRIOT ACT . . . F***ING JIHAD ON THE FIRST AMENDMENT! Most notably, he taunted police with “PULL ME OVER! PLEASE, I DARE YA[.]” The police agreed and did precisely that. He was arrested- then forced by police to paint over the words as a condition for his release. He was charged as a bomb threat by Grass Valley, California police.
Senior Pilots Challenge “The Fairness for Experienced Pilots Act”
Published 1, June 27, 2008 Congress , Constitutional Law , Courts , Criminal law , Politics , Society 4 Comments
Late last night, I filed our challenge to the ironically names “The Fairness for Experienced Pilots Act,” legislation that wipes out the seniority, benefits, and status of pilots who turned 60 before December 13, 2008 — the date of the Act’s enactment. This new Age 60 rule violates a host of constitutional and statutory laws, as the brief below explains.
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Mother’s Little Helper: Doctor Faces Charges After Helping Son Bulk Up With Hormones
Published 1, June 27, 2008 Bizarre , Society , Torts 4 Comments
In England, Dr. Rehab Al-Jumaily faced a common problem of a parent with a child: bullies. However, rather than the usual calls to parents or teachers, Al-Jumaily decided a more chemical approach: she helped her son bulk up with growth hormones.
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“Absolut” Madness: Florida Man Dies After Vodka Drinking Contest
Published 1, June 27, 2008 Bizarre , Society , Torts 1 Comment
In Seffner, Florida, there are questions being raised about a bar’s drinking contest that caused or contributed to the death of one of the contestants. Eric Morris, 26, died after consuming an estimated 25 shots in 30 minutes.
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Chickens Don’t Kill People, People Kill People: Man Accused of Frozen Chicken Attack
Published 1, June 27, 2008 Bizarre , Criminal law 10 Comments
Frederick McKaney, 40, of Ypsilanti, Michigan has been charged with an attack with a frozen chicken and attacking his mother with a fork. In addition to assault and battery, he is charged with resisting an officer.
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MySpace Rage: Girlfriend Stabs Child for Deleting Comment on MySpace Page
Published 1, June 27, 2008 Bizarre , Criminal law , Society 2 Comments
We have seen fraud, harassment, and even suicide allegations tied to MySpace in the last year. Now, we have an attempter murder allegation against 18-year-old Stephanie Torres for stabbing her boyfriend’s 12-year-old niece, Stephanie Usche. She was reportedly mad at the girl erasing a comment on her MySpace page.
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Good Night, Mumbai: Air India Pilots Accused of Sleeping in Cockpit and Overshooting Mumbai
Published 1, June 27, 2008 Bizarre , Society 0 Comments
The pilots on an Air India flight from Jaipur to Mumbai feel allegedly fell asleep in the cockpit and overshot Mumbai. The pilots were halfway to Goa when they were finally roused by air traffic personnel.
Cold Dead Finger Bumper Sticker Contest
Published 1, June 26, 2008 Bizarre , Politics , Society 13 Comments
With the final victory of the NRA in securing recognition of an individual right of gun ownership, it will now be time to retire that classic American icon: the “You Will Have to Peel My Cold Dead Fingers From My Gun” Bumper Sticker. This allows still unresolved legal questions to claim the right to use the classic formula of cold dead fingers and hot legal issues. Below are my top ten list but I would be interested to hear your own proposals.
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Supreme Blunder: We Did Not Mean to Dissemble the Disassembled Guns in Heller
Published 1, June 26, 2008 Supreme Court 6 Comments
Justice Scalia wrote a powerful opinion in District of Columbia v. Heller, No. 07-290, but the first paragraph quotes the D.C. statute as requiring gun to be dissembled. As many have noted, it is disassembled — dissemble means to put on a false appearance.
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The Lost Constitutional Continent Found: Supreme Court Recognizes Individual Right of Gun Ownership
Published 1, June 26, 2008 Congress , Constitutional Law , Justice , Politics , Society , Supreme Court 20 Comments
The Second Amendment has always been like the lost continent of the Constitution. Well, today the Supreme Court discovered it — right between the first and third amendments — after 127 years. The Court ruled that the Second Amendment does indeed create an individual right to gun ownership. The opinion can be accessed here.
The Supreme Court also gave a victory to millionaires running for office who can finance their campaigns more freely — or buy guns more easily.
NBC Settles Dateline Predator Lawsuit Over Prosecutor’s Death
Published 1, June 26, 2008 Media , Society , Torts 7 Comments
After a stinging opinion by U.S. District Judge Denny Chin in February, NBC has thrown in the towel on its defense of “Dateline NBC: To Catch A Predator” in the suicide of a former prosecutor. Louis William Conradt Jr. shot himself after the program accused him of engaging in sexually explicit chats with an adult posing as a child. The program then allegedly pushed for his arrest when he failed to show up at a sting operation.
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In light of this week’s settlement in the NBC Dateline case, this past column on talk show liability may be of some interest. From cop shows to talk shows, reality television can suddenly throw average citizens into highly stressful or embarrassing situations. In the recent Dateline case, such actions were alleged as the cause of the suicide of a prosecutor who was accused of sexually explicit communications with an adult posing as a child in a chat room.
Faith-Based Favors: Justice Department Official Fired After Invoking the Fifth Amendment in Congressional Investigation
Published 1, June 26, 2008 Congress , Criminal law , Politics , Society 13 Comments
Michele DeKonty, who served as chief of staff at the U.S. Office of Juvenile Justice and Delinquency Prevention (OJJDP), has been fired after invoking the Fifth Amendment and refusing to answer congressional questions over granting favors to certain organizations in federal grants. It is yet another scandal in the Bush Administration that shows how deep the damage has been at the Justice Department. She is accused of cutting corners for faith-based organizations. This is not good news for Regents University, the religious based law school that has been a favorite hiring ground for the Bush Justice Department. DeKonty is a graduate of Regents University and has been compared to that other infamous Regent grad, Monica Goodling.
New Jersey Doctor Suspended for Removing Wrong Lung From Patient
Published 1, June 26, 2008 Bizarre , Torts 3 Comments
In Trenton, New Jersey, Dr. Santusht Perera has been suspended from practice after removing the wrong lung from a patient and then lying to the patient to try to cover it up.
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Shock Video: Massachusetts Legislator Under Attack for Declaring That He Would “Rip Apart” Child Rape Victims
Published 1, June 26, 2008 Bizarre , Criminal law , Politics , Society 28 Comments
Rep. James Fagan, a Democrat Massachusetts politician and defense attorney, is under attack for his opposition to the Jessica’s Law (imposing still penalties on child sex offenders. In the video below, Fagan declares that, if the law passed, he would “rip apart” child rape victims to the point to destroying them for life.
Suing the Blues: Naked Cowboy Sues M & M
Published 1, June 26, 2008 Bizarre , Society , Torts 0 Comments
Robert Burck has become an iconic figure in New York dressed in cowboy boots, white cowboy hat, and white underwear. So much of an icon, it appears, that the maker of M & M used a parody of his image in a commercial. U.S. District Judge Denny Chin has now ruled that he can sue for trademark infringement against Mars Inc. and Chute Gerdeman Inc. The culprit? that money-grubbing, opportunistic Blue M & M. He is seeking up to $100 million in punitive damages, plus attorney’s fees.
Bush Administration Officials Bar Lawyer Applicants on the Basis of Political Beliefs
Published 1, June 25, 2008 Uncategorized 14 CommentsAn inspector general report has found that the Bush Justice Department barred applicants on the basis of their political views. It is further proof of the open politicalization of the Justice Department by the Bush Administration, including selections for the honors program — long treated as completely apolitical.
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Madonna Constantine, a psychology professor at Columbia, will be fired for plagiarism and misconduct. Constantine drew national attention for claiming that a noose had been hung outside her office.
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New York Prosecutor Says He Intentionally Threw Murder Case
Published 1, June 24, 2008 Criminal law , Justice , Lawyering , Society 4 Comments
In a remarkable admission, former Manhattan prosecutor Daniel Bibb has stated that he intentionally threw a murder case because he did not believe the evidence. The case against David Lemus and Olmedo Hidalgo has become a major embarrassment for District Attorney Robert Morgenthau, who is seeking reelection. Lemus was later acquitted and the charges dropped against Hidalgo in the Palladium case.
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Politics of Terror: GOP Adviser and Pundit Raise Possibility of Pre-Election Attacks
Published 1, June 24, 2008 Politics , Society 18 Comments
I am not one who subscribes to the theory of a pre-election attack on Iran, but it is getting harder with GOP advisers and pundits openly opining of the likelihood or benefit from either an Iranian attack or even a terrorist attack. Pundit Bill Kristol told Fox viewers that, if the American people do not support McCain, Bush may feel that he has little choice but to attack Iran. In the meantime, a leading adviser to McCain has said that a terrorist attack would be a big benefit for the flagging campaign. Finally, John Bolten is penciling an attack on Iran from Israel for pre-inauguration but after the election.
Team Spirit: China Accused of Destroying Mosque for Refusing to Put Up Signs Cheering the Olympics
Published 1, June 24, 2008 Politics , Society 2 Comments
China officials reportedly taught the good people near Aksu city in Xinjiang a thing or two about team spirit. When the local mosque balked at posting signs praising the Olympics on its walls, the Chinese had the mosque destroyed. That’ll show ‘em.
Iraqi City Councilman Kills Three Soldiers After Friendship Ceremony
Published 1, June 24, 2008 Criminal law , Military , Politics 3 Comments
Outside Baghdad, an Iraqi official killed at least three soldiers, including at least one American soldier, after he pulled out an AK 47 at the City Council building. The Americans were present to celebrate the opening of of a park in al-Maaden.
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Swift Boat (Vietnam Edition): Vietnam Jailer Accuses John McCain of Lying About Torture in the Hanoi Hilton
Published 1, June 23, 2008 Bizarre , Military , Politics , Society 21 Comments
Tran Trong Duyet is hardly someone with a great deal of credibility: he is the former head of the notorious Hoa Lo prison — better known as the Hanoi Hilton. While Duyet has come out for McCain, he has accused him of lying about the torture that he endured. Now, all he needs is a 527 designation and we will be set for November with new Swift Junk ads out of Hanoi.
George Carlin Dies at 71
Published 1, June 23, 2008 Constitutional Law , Politics , Society , Supreme Court 13 Comments
George Carlin has died at 71. Carlin represents one of the few entertainers to have a significant impact on the law with his showdown over profanity in his monologues. His famous stand up routine on “”Seven Dirty Words You Can’t Say on Television” is linked below. The Supreme Court case on his “filthy words” is linked below as well.
Curious Testament: Employee Fired After Breaking Story of Russert’s Death on Wikipedia
Published 1, June 23, 2008 Media , Society 1 Comment
Many would find it a bit of a curious testament to the late Tim Russert that a junior employee who broke the story of his death was fired for updating Russert’s Wikipedia site. When Russert died on June 13th, the first public word appeared on Wikipedia and NBC officials were irate — since they were still trying to reach family and control the story for their own coverage.
Supreme Court Holds Heller — Second Amendment Case Last Case to Be Announced from March Sitting
Published 1, June 23, 2008 Constitutional Law , Courts , Criminal law , Justice , Politics , Society , Supreme Court 11 Comments
The Supreme Court knows how to build suspense. While many expected the Court to release its long-awaiting decision on the Second Amendment in the Heller and Parker cases, the Court did not release the decision today. The array of opinions today has fueled speculation that Scalia will author the historic decision.
Happy Unto Yee: University of California States Intent to Violate Free Press Law
Published 1, June 23, 2008 Uncategorized 9 CommentsCalifornia took a major step forward in reversing the steady rollback of student speech rights this year by passing a law protecting the rights of student free speech and prohibiting the firing or suspension of employees for exercising their free speech rights on newspapers and organizations. That is when the sponsor, State Sen. Leland Yee, received a letter from Happy Chastain, senior legislative director for state government relations in the UC president’s office — stating that the school would not comply with the law.
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Cretan Sentences Drunk Mother Who Abandoned Children, Wrecked Car, and Tried to Flee Accident to 90 Days
Published 1, June 23, 2008 Bizarre , Criminal law , Society 1 Comment
Sara Haderle, 36, is not what one would call a model mother and Superior Court Judge Clifford Cretan is not what one would call a task master judge. Haderle left her 2-year-old and 3-year-old children at home. The pregnant mother then drove drunk, wrecked her car, and then tried to flee the accident. For that litany of offenses, Cretan calculated 90 days as an appropriate punishment.
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Details Emerge in Case Against Daniel Watson in Alleged Scuba Murder
Published 1, June 22, 2008 Criminal law , Torts 11 Comments
The details of the case against Daniel Watson, 31, of Birmingham, Alabama, in Australia are beginning to emerge. Watson is accused of killed his new wife Christina Mae Watson, 26, on their honeymoon while diving on a shipwreck.
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Fake Doctor Accused of Harming Women in Negligent Abortions
Published 1, June 22, 2008 Criminal law , Society , Torts 0 Comments
In Chula Vista, California, the owner of a clinic near the Mexican border is accused of posing as a doctor and performing negligent abortions. Bertha Pinedo Bugarin, 48, allegedly caused serious injuries to women, as detailed in a 10 felony count indictment. After performing the procedures at Clinica Medica de la Mujer women allegedly discovered that they were still pregnant.
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Judge Thomas Porteous Moves Closer to Impeachment
Published 1, June 22, 2008 Uncategorized 2 Comments
In a critical step toward impeachment, the United States Judicial Conference voted unanimously to forward charges against U.S. District Judge Thomas Porteous to the House of Representatives for impeachment. He is accused of perjury, accepting gifts from lawyers and violating other criminal and ethical standards. Unless he resigns, he would be the first federal judge impeached in 19 years.
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Stop at Boardwalk; Go Straight to Jail: Atlantic City Council Members Face Blackmail Charges
Published 1, June 22, 2008 Bizarre , Criminal law , Politics , Society 0 Comments
Former Atlantic City Council president Craig Callaway, his brothers David and Ronald, and a friend, Floyd Tally, and City Councilman John Schultz are all charged in a bizarre blackmail case against another Atlantic City pol, Councilman Eugene Robinson. They are charged with conspiring to film Robinson (who is a minister) in his encounter with a prostitute in a motel room. Craig Callaway is accused of having meetings near the Boardwalk with an FBI agent where he admitted to the conspiracy.
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Shock Video: Police Officer Shown Beating Transsexual
Published 1, June 21, 2008 Bizarre , Criminal law , Society 8 Comments
A Memphis police officer is being accused of brutality after the airing of the video below of his beating a handcuffed transsexual prisoner. The Feb. 12th video shows Duanna Johnson handcuffed at the Shelby County Criminal Justice Center after an arrest for prostitution when the attack began.
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Dental Detention: Dentist Charged with Holding Patient Against Her Will
Published 1, June 21, 2008 Bizarre , Torts 3 Comments
For those who fear dentists, imagine one who will not allow you to leave. Dr. John Drew Laurusonis is accused with the false imprisonment of Frances Bales, 36, of Duluth after he suspected that she might not pay her bill. Charged with the good doctor is Leslie Ann York and Acquah Alexander from the Doctors Medical Center in Duluth.
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Florida Dentist Drops Devices Down Throat of Patient — Twice
Published 1, June 21, 2008 Bizarre , Torts 1 Comment
According to a Florida family, Dr. Wesley Meyers is something of a butterfingers. However, where other clumsy individuals drop fruit bowls, Meyers drops tools down the throats of his dental patients. After requiring a colonoscopy to remove the first tool (a screwdriver) dropped down his throat, Charles Gaal, 90, allegedly died after a second such accident when Meyers dropped another tool down his throat.
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Branding for Jesus: Ohio Teacher Accused of Teaching Creationism and Burning Crosses into Arms of Students
Published 1, June 20, 2008 Academics , Constitutional Law , Religion , Society 21 Comments
John Freshwater has long been a controversial teacher in Mount Vernon, Ohio. Parents and other teachers accused him of not teaching required science subjects while drilling in creationism into his students. Now, a lawsuit accused him of literally impressing his students with Christian values by branding them.
Court Rules that Mentally Disturbed Defendants Can Be Competent to Stand Trial But Incompetent to Represent Themselves
Published 1, June 20, 2008 Constitutional Law , Courts , Criminal law , Lawyering , Society , Supreme Court 9 CommentsThe Supreme Court continued the downward spiral of our insanity rules this week. The majority held that a defendant can be held to be competent to stand trial but held incompetent to represent himself — a green light for judges to continue to find clearly crazed individuals sane while denying them the right to act in their own defense. Justices Scalia and Thomas wrote a stinging and well-founded dissent.
Pregnancy High: Glouchester High School Deals with Pregnancy Boom
Published 1, June 20, 2008 Bizarre , Criminal law , Society 2 Comments
School officials at Gloucester High School are dealing with a new type of Baby Boomers: 17 girls expecting babies in the 1,200-student school. Worse yet, pregnancies appear to have become a type of extracurricular try-out for girls who made “pregnancy pacts” to try to become unwed mothers. The school must now deal with students who seem more interested in passing their pregnancy tests than their science tests. There appears to be a link to the plot of the popular movie “Juno.” One of the most provocative legal questions will be whether statutory rape charges will be brought against some of the males over 18 — including a homeless man — allegedly used by the girls to fulfill the pact.
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Love Us or Pay Us: Congress Sets a High Price for Citizens to Renounce Their Citizenship
Published 1, June 20, 2008 Bizarre , Constitutional Law , Politics , Society 2 Comments
A little noticed provision in new legislation would cost some citizens hundreds of thousands of dollars to renounce their citizenship. Congress has come up with another moronically named bill, Heroes Earnings Assistance and Relief Tax (HEART) Act, that contains the provision. It is designed to stem the tide of Americans renouncing their citizenship due to the double taxation that they face when living abroad.
Police Seek the Kansas City Casanova in Latest Lonely Heart Crime
Published 1, June 20, 2008 Bizarre , Criminal law , Society 0 Comments
Police in Kansas City, Mo., are looking for Jerome S. Sternlieb, 74. While he has adopted the identities of Michael Salerno, Kane, Lanelli, Roberts and Warren, he is known by police as “Casanova,” a man who woes elderly women and then takes their money and runs.
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Democratic Leadership Caves to the White House and Telecommunication Lobby on Immunity
Published 1, June 19, 2008 Congress , Constitutional Law , Courts , Politics , Society 23 CommentsThe democratic leadership is preparing to move a final bill giving immunity to the telecommunication industry after months of waiting for public interest to wane. The new bill would give President Bush and the powerful lobby would it has long sought: immunity from violating federal law and the privacy of customers.