Below is my column today in the Washington Post (Sunday) Outlook Section. The column concerns the Alvarez case to be heard on Wednesday before the Supreme Court. I have been a long critic of the Stolen Valor Act — not because I am not highly sympathetic to its purpose but because I am concerned about the means of achieving that purpose. I share the anger over people who falsely claim to be war heroes. However, the government often selects popular causes for expanding its power over speech or conduct of its citizens. The question before the Court is really not about this specific form of lying, but the legal basis for criminalizing lies generally. The Act is different in that it seeks to criminalize lies simply because they are lies as opposed to lies that are used to commit a specific crime like larceny or fraud or perjury. I also spoke to NPR on Talk To The Nation on this subject.
Continue reading ‘The Better Part of Valor: Should Lying About Medals Be A Crime?’
Archive for the 'Columns' Category
The Better Part of Valor: Should Lying About Medals Be A Crime?
Published 1, February 19, 2012 Columns , Congress , Constitutional Law , Criminal law , Free Speech , Politics , Society 40 CommentsAbuse Of Power: Obama’s Recess Appointments And The Constitution
Published 1, February 15, 2012 Columns , Congress , Constitutional Law , Courts , Politics , Society , Supreme Court , USA Today 67 Comments
Below is today’s column, which concerns the subject upon which I will be testifying this morning before the full House Judiciary Committee: recess appointments.
Continue reading ‘Abuse Of Power: Obama’s Recess Appointments And The Constitution’
Twitters Arab Winter?
Published 1, February 11, 2012 Columns , Free Speech , International , Media , Middle East , Politics , Religion , Society , Uncategorized 30 CommentsSubmitted by Mike Spindell, guest blogger
It has long been my conviction that Saudi Arabia is a bigger player on the world stage than it is given credit for in media reports. The normal Western prejudice viewing this country as a cultural, repressive backwater may be true if one looks at the non-royal Saudi citizenry. However, the Saudi Royal family and its minions are quite sophisticated in worldly matters and for years have skillfully played the game of international politics. Odiously repressive Royals, enforcing an archaic view of Sharia Law, can nevertheless be quite modern and sophisticated in outlook. Everywhere in our current and in our historic world, there have been many examples of a nation’s elite demanding adherence to repressive religious standards, while indulging themselves in what is forbidden.
“WHOWhatWHY” an excellent investigative news site run by Russ Baker, a distinguished investigative journalist, ran an article that caught my attention. This article discussed the fact that most media was diffident and/or silent in reporting that Saudi Prince Walid bin Talal, had invested $300 million in Twitter, a privately held corporation:
“Twitter’s market valuation is something like $10 billion (choose what huge number you prefer). Given that, why would this company, which is all about empowering ordinary people to communicate unfiltered and thereby get control of their lives and their governments, sell a big chunk to a representative of one of the quintessential repressive forces—an element that has a stake in preventing exactly the sort of communication that defines Twitter?” http://whowhatwhy.com/2012/02/02/close-reading-the-saudis-a-twitter-investment-and-the-end-of-arab-spring/
It is common knowledge at this point that Twitter has been the driving force in much of the uprisings now characterized as “The Arab Spring”. With Twitter, government opponents were able to organize their ranks/actions and quickly communicate news updates to people who would not be able to get this information from a controlled media. In an oil rich country, such as Saudi Arabia, ruled with an iron fist by the top half of one percent, there is great danger of overthrow by a people poverty stricken in the midst of great opulence. Mr. Baker finds it curious when in the past year Twitter has had an ominous change in policy, at the same time allowing an investment by a member of one of the world’s most repressive regimes. Is this merely coincidence or an indication of an underlying effort to prevent the Saudi Royals from following the fate of other Islamic countries ruled by despots? Continue reading ‘Twitters Arab Winter?’
Defining Grief
Published 1, February 4, 2012 Academics , Columns , Courts , Economics , Media , Science , Society , Torts 66 CommentsSubmitted by: Mike Spindell, Guest Blogger
The bible of psychiatric/psychological diagnosis is the “Diagnostic and Statistical Manual of Mental Disorders (DSM)” published by the American Psychiatric Association. What it does is provide a standardization of diagnostic criteria, which allows Mental Health professionals to communicate with one another in a clearly defined set of common understandings.
“It is used in the United States of America and in varying degrees around the world, by clinicians, researchers, psychiatric drug regulation agencies, health insurance companies, pharmaceutical companies, and policy makers. The DSM is a legitimating document and provides legal, medical, and ethical justification for physicians to diagnose and treat, judges to incarcerate and excuse, insurance companies to pay.” http://en.wikipedia.org/wiki/Diagnostic_and_Statistical_Manual_of_Mental_Disorders
First published in 1952 the DSM has undergone five revisions since then. The latest revision will be the DSM V, scheduled for a May 2013 publication. The last major revision in 1994 was called naturally the DSM IV. There are many problems with the DSM. Since this Manual is so important to the treatment for those suffering and recompense for those who profit from psychiatric/psychological needs, this is an issue that needs greater public awareness. I think is most pertinent to look at the underlying issues entailed in the DSM’s new iteration and how it affects us, or those we know. To do so, however, we must look at the problems with the DSM, from a psychological, systemic and economic perspective.
The first critical issue is that no health insurance company, Medicare and/or Medicaid will pay for psychological and/or psychiatric treatment and medication, without a professionally certified diagnostician categorizing the patient with a valid DSM diagnostic code. Thus the DSM’s definitions have critical importance to practitioners, provider agencies, drug companies and health insurance providers. I retired from the Mental Health profession seven years ago and other things have held my interest. However, l I caught a NY Times article, posted at the MSNBC website last week and it brought to mind issues that had bothered me during my career, specifically with the DSM. Continue reading ‘Defining Grief’
Who in Hell is Saul Alinsky?
Published 1, January 28, 2012 Academics , Columns , Free Speech , Justice , Lawyering , Media , Politics , Religion , Society 53 CommentsSubmitted by: Mike Spindell, guest blogger
I’d actually halfway finished a blog on a different subject today, when I was spun in a different direction. Thursday night I had done something I never do and watched the Republican Debate in Florida. It was frighteningly enlightening to say the least, but what stood out for me was Newt commenting that our President was a disciple of Saul Alinsky. I thought then “How many people today know who Saul Alinsky was and what he represented?” On last nights Bill Maher’s show, Bill asked the question “Who was Saul Alinsky?” as part of his New Rules segment. This morning in HuffPost, Frank Mankiewicz addressed a variant of the same question: http://www.huffingtonpost.com/frank-mankiewicz/america-meet-saul-alinsky_b_1238953.html
The idea of following heroes to me has always seemed silly, yet there are people whose lives and work I deeply admire and to some sense try to emulate. My first was Clarence Darrow and it is therefore no coincidence that I am a denizen of this blog. http://en.wikipedia.org/wiki/Clarence_Darrow . Clarence Darrow’s picture is used above because it is in the public realm, while mysteriously Saul Alinsky’s isn’t. Obviously, Saul Alinsky is another person whose life I admire. http://en.wikipedia.org/wiki/Saul_Alinsky Alinsky was a radical in his methods, but one who eschewed the doctrinaire self assurance of an ideologue. When asked if he ever considered joining the Communist Party he famously replied”
“Not at any time. I’ve never joined any organization—not even the ones I’ve organized myself. I prize my own independence too much. And philosophically, I could never accept any rigid dogma or ideology, whether it’s Christianity or Marxism. One of the most important things in life is what Judge Learned Hand described as ‘that ever-gnawing inner doubt as to whether you’re right.’ If you don’t have that, if you think you’ve got an inside track to absolute truth, you become doctrinaire, humorless and intellectually constipated. The greatest crimes in history have been perpetrated by such religious and political and racial fanatics, from the persecutions of the Inquisition on down to Communist purges and Nazi genocide.”
His was a belief that has resonated with me since those radical days in the 60’s, with the Movement, when I was surrounded by and courted by various ideologies, mostly Marxist whose rigidity of thought and party line belief, actually disgusted me. Yet there was Alinsky, the man who literally wrote the book on community organizing, who felt similarly towards ideological rigidity. He was truly an America Patriot, whose guiding idea was to assist downtrodden people to gain power over their lives and give them a chance to decide their fates. Alinsky was a man who achieved great success, if you define success as achieving ones goals. The disdain and demonization again being heaped upon him today comes from the very real threat his methodology has towards the 1% elite and curiously that aim of his was the reinstatement of “The American Dream” of freedom, equality and social justice. Continue reading ‘Who in Hell is Saul Alinsky?’
From the Bottom of My New Heart
Published 1, January 22, 2012 Academics , Columns , Media , Science , Society , Uncategorized , USA Today 36 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’
“The Authoritarians”, A Book Review and Book”
Published 1, January 21, 2012 Academics , Columns , Free Speech , Justice , Media , Military , Politics , Religion , Science , Society 30 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”’
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 397 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 50 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?’
America’s Transcendent Issue
Published 1, January 7, 2012 Columns , Congress , Constitutional Law , Courts , Criminal law , Economics , International , Justice , Media , Military , Politics , Religion , Society , Supreme Court , Uncategorized 239 CommentsTags: America, congress, corruption, defense, democracy, economics, government, politics, prisons, religion, society
Submitted by: Mike Spindell, guest blogger
When you contemplate all of the problems that beset us in this election year it is hard not to feel daunted by the task of finding solutions. Many millions of American’s are without jobs, with the prospect of future employment seeming illusory. The top 1% of the American population controls vast amounts of the country’s wealth. http://www.businessinsider.com/15-charts-about-wealth-and-inequality-in-america-2010-4?op=1 Wages of average Americans have stagnated for the past 40 years to such an extent that our middle class is shrinking rapidly. The housing boom of years past has become a bust of monumental proportions and foreclosures are destroying formerly viable neighborhoods. Our once barely adequate “safety net” has been shredded and there are attempts to destroy both Social Security and Medicare as we know it. Despite a weak attempt at Medical reform millions of Americans find health care unaffordable, with many dying and others forced into bankruptcy to stay alive. Due to lack of money America’s once magnificent infrastructure is rotting and solutions are not on the horizon.
The collapse and bailout of our banking industry has cost us trillions and appears to have been brought about by fraudulent practices on the part of the industry, yet no one has been indicted. In fact the remuneration of top executives in this duplicitous industry has actually increased. Efforts to impose stiff controls ensuring that these artificial crises don’t happen again and that these huge financial entities do business ethically, have failed to pass the Congress. We see that the fallout from the American banking crisis has undercut the world’s economy and that economic crises in other industrialized nations appear regularly. Please notice I’m only referring to the economic problems we face and only producing a partial list of those economic problems.
We have seemingly come to the conclusion of an unnecessary war in Iraq, where trillions were spent and perhaps a million were killed, yet the withdrawal of troops is to bases that surround Iraq. We are leaving about 40,000 Americans in country, many as mercenaries (contractors is a euphemism) as we support the largest diplomatic infrastructure in any foreign nation. The war in Afghanistan still rages in a land that has never been significantly shaped by any outside empire, this despite the killing of Osama Bin Laden and the virtual destruction of Al Qaeda. Hundreds of billions are being spent and the lives of our troops are put in danger, in an exercise with little hope of success. Billions are going towards building Afghanistan’s infrastructure as ours is falling apart. Yet these instances fail to raise the broad spectrum of the military/foreign policy problems continuing to plague us. These issues include a military budget that far greater than that of all other nations. http://en.wikipedia.org/wiki/List_of_countries_by_military_expenditures
However, these three paragraphs still do not encompass the broad range of problems we Americans face. There is more to be touched on before we come to the conclusion that I’ve reached, that there is one problem that not only transcends all of these, but its need for immediate solution supersedes any of the others in importance. Continue reading ‘America’s Transcendent Issue’
Turley Blog Hits 10 Million Viewers
Published 1, January 5, 2012 Academics , Animals , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Economics , Environment , Free Speech , International , Justice , Lawyering , Media , Military , Politics , Religion 20 Comments
Last night, we received word of two considerable accomplishments. First, we won the ABA Journal’s selection as the top opinion blog. Second, we hit our 10 millionth viewer on the blog. We are routinely ranked as one of the most visited legal blogs by AVVO. As our viewership has grown in only a few short years, we have reached a wider and wider international audience.
Continue reading ‘Turley Blog Hits 10 Million Viewers’
Merry Christmas To All
Published 1, December 25, 2011 Academics , Animals , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Economics , Environment , Politics , Religion , Science , Society , Supreme Court , Torts 32 Comments
Best wishes to everyone celebrating Christmas and Hanukkah. Continue reading ‘Merry Christmas To All’
The Real Insurance Frauds
Published 1, December 24, 2011 Columns , Congress , Courts , Criminal law , Economics , Justice , Lawyering , Media , Politics , Society , Uncategorized 29 CommentsSubmitted by: Mike Spindell, guest blogger
It’s Christmastime again and since my childhood, long ago, the Frank Capra film “It’s A Wonderful Life” has been shown time and again in this season, providing a message of redemption, hope and joy that we associate with this time of year. You all know the plot about selfless George Bailey (James Stewart) a man who has sacrificed his dreams for others and because of his selflessness winds up running the Bailey Building and Loan Association, of Bedford Falls, NY. Because of George this institution has provided home loans for the poor of this rural community and serves as its bank. With the Company on the verge of bankruptcy, through duplicity, George is on the verge of suicide distraught over the losses to those he loves and worried by needs of the average people of his town. You all know this plot and if you don’t its summary is here. http://en.wikipedia.org/wiki/It%27s_a_Wonderful_Life#Plot . I must warn you, perhaps it’s the time of year but I choked up reading the plot, yet again, as I do every time I see this beloved movie.
This introduction has not been made because I’m about to write about banks, or the depredations of the banking industry. Others here and our host have already written extensively on the predatory nature of the banking industry and the harm it has caused to our country. My point of this opening is that we have all grown up with certain mythologies about businesses that provide financial services to the public. This film has had a place in defining that American mythology, in this instance about a bank of sorts, whose leader believes in aiding the community first and profits second. Myths shape our thinking and from my youth I still remember the ad slogan “You have a friend at Chase Manhattan”.
We’ve discovered that banks are anything but our friends. Their bottom line has surpassed service to the point that each customer is looked at as a “cash cow”, to be plundered incessantly with usurious interest and fees for what should be free services. But what about “You’re in Good Hands with Allstate”, “Nationwide Is On Your Side”, or “Like A Good Neighbor State Farm is There”? Surely the Insurance industry supplies the safety net we want for our homes and cars. Do they? Last week I was sent an article by the Independent Claims Adjuster handling my interminable case for mold damage to my home. He’s helping greatly so this isn’t about me, but the article he sent certainly puts into context all the delays in the process and how property insurance companies are maximizing their profits at the expense of their customers. Continue reading ‘The Real Insurance Frauds’
Forget Wall Street, Occupy Corporate Boardrooms
Published 1, December 18, 2011 Columns , Congress , Constitutional Law , Economics , International , Justice , Military , Politics , Society 15 CommentsSubmitted by: Mike Spindell, guest blogger
Sometimes a story comes around that writes itself and merely needs highlighting of certain facts to make its points. This link below will provide concrete data on why this country has become a corrupted corporatist state, along with why the federal budget deficit is so high. Its title is “For Hire: Lobbyists or the 99%? How Corporations Pay More for Lobbyists Than in Taxes”
http://publicampaign.org/sites/default/files/ReportTaxDodgerLobbyingDec6.pdf
What this document clearly shows, with highly readable charts is that 30 of the top US Corporations not only pay more for lobbying than in taxes, but in fact that they receive huge tax credits, although being highly profitable. Over a three year period 2008-2010 these companies had combined profits of $163.691 billion, received tax credits of $10.602 billion and spent $475.67 million on lobbying. Only one of these companies, FedEx, actually paid taxes. They paid $37 million in taxes, on a profit of $4.247 billion and spent $50.81 million for lobbying. As you might guess the most glaring example was General Electric whose profits were $10.460 billion, received tax credits of $4.737 billion and who spent $84.35 million in lobbying.
I could certainly provide you with commentary on this report, but the starkly written manner of the report and the easily read charts do a far better job of explanation, than would my rhetoric. The next time someone comments on the “theft” that is taxes and the need to defend the 1% and their corporations from government intrusion show them this. If they defend the inequity shown here then you will know they are either part of the 1%, brain-washed or brain dead. It isn’t of course that many of us haven’t known the state of things, or these facts, we have discussed them here repeatedly. Nevertheless, each time the message of the destruction of our Constitution, our America and our people in the service of greed and ego is shown to me, my blood boils. Please check out the link and share your thoughts.
Is the American Left Ineffective in Economics?
Published 1, December 17, 2011 Academics , Columns , Congress , Justice , Media , Politics , Society , Things That Tick Me Off 38 CommentsSubmitted by Mike Spindell, guest blogger
“Ian Fletcher is Senior Economist of the Coalition for a Prosperous America, nationwide grass-roots organization dedicated to fixing America’s trade policies and comprising representatives from business, agriculture, and labor.” http://www.prosperousamerica.org/2011/02/23/ian_fletcher/
Mr. Fletcher wrote an article in HuffPost this week titled ” Why Is the American Left So Ineffective in Economics?” http://www.huffingtonpost.com/ian-fletcher/why-is-the-american-left-_b_1142615.html?ref=politics&ir=Politics . On my first reading of this article, I sped through it cursorily, with general agreement and approval, book marking the link for further reference. As the day went on the article remained stuck in the back of my mind, for there was something about it that disturbed me, but I couldn’t quite figure out why. I looked up Mr. Fletcher’s credentials and they seemed good and certainly not one of being a Corporatist economist. The Coalition for a Prosperous America appears a worthwhile middle-of-road organization, whose supporters include labor unions, as well as medium and small businesses. They look askance at current US trade policies and that is a view with which I agree. Mr. Fletcher has a book titled: “Free Trade Doesn’t Work” http://www.freetradedoesntwork.com/ which people I respect like Fritz Hollings and Thom Hartmann have praised. In it he discusses how there is a free-trade hegemony of both Democrats and Republicans representing the Washington establishment and marginalizing all the voices who disagree with free trade policies. This hegemony is what I describe as the Feudalist Corporatocracy. This is a man with who I’m in general agreement, why then my discomfort with his thesis in this article?
This article opens up with the following paragraph: “Anyone who’s still in a state of denial about the thesis implied by the title of this article can stop reading right here. I’ll just assume it’s obvious enough that we can take it as a given.” He’s right, the thesis implied in the title is indisputable. The Left has been ineffective in combatting the economic policies started by Ronald Reagan’s election and has been in constant retreat from the onslaught of right-wing economic policies. This has been true to such an extent that Bill Clinton reaffirmed Alan Greenspan as the head of The Federal Reserve and Barack Obama reaffirmed G.W. Bush’s choice of Ben Bernake. Both of these men are little more than philosophical minions/co-dependents of Wall Street and the Big Banks. Where I take issue with Mr. Fletcher is in why he believes the Left’s economic weakness has come about. To me his view of the origins of this Left Wing retreat is shortsighted and ignores the 800 pound gorilla in the room. If we don’t understand the causes of problems we face, then no matter how prescient the analysis of their nature, we are almost powerless to combat them. Since the article in question is rather brief, I’m going to dispute it point by point. Continue reading ‘Is the American Left Ineffective in Economics?’
The US Chamber of Commerce, the Enemy Within?
Published 1, December 11, 2011 Columns , Congress , Environment , International , Media , Politics , Society , Things That Tick Me Off , Uncategorized , USA Today 37 CommentsSubmitted by: Mike Spindell, guest blogger.
During the Cold War a phrase “The Enemy Within” became popular. It was a reference at first to Communist subversion exemplified by Senator Joseph McCarthy’s witch-hunt. Later it was used with other issues such as in Robert F. Kennedy’s book “The Enemy Within” which dealt with corruption in the Labor Movement, specifically Jimmy Hoffa and his teamsters. Recently, Michael Savage, right wing talk show host, wrote a book using that same title, though in this case referring to liberals and progressives as being seditious. The connotation of this phrase is that the group so labeled represents an internal movement that is so dangerous to the interests of the United States, that it can be seen as subversive.
Some may be shocked then by the title of this post. Almost all of us have grown up thinking of the Chamber of Commerce as a uniquely American Institution. Throughout the US whether in cities or in hamlets, the business community has banded together to promote local commerce and build interrelated networks. When we think of this, we think mainly of local small businesses, which are the backbone of this nation’s economy. To be honest until this week I’ve never give much thought to the Chamber of Commerce until as a MoveOn.com member I received a petition from an affiliated new organization called SumOfUs.
“SumOfUs is a brand-new global movement of consumers, investors and workers using our collective economic power for good. Together, we will work to hold the world’s corporations accountable to the public interest and move our global economic system towards social equity, democratic principles, and long-term sustainability.” http://googlequitthechamber.org/about/
The purpose of the petition was to get Google to follow the lead of other large corporations and quit the US Chamber of Commerce. The petition made various claims regarding the US Chamber of Commerce which I’ll deal with in this post.
However, I wouldn’t present this post without doing some research on the “Chamber” and its’ activity to look into the validity of the claims being made by the SumOfUs organization. In doing this research I came to realize that in my opinion the United States Chamber of Commerce is an organization that does not act in the best interests of this country and that one can call it subversive, even though it is not treasonous. These are my reasons for this belief. Continue reading ‘The US Chamber of Commerce, the Enemy Within?’
Et Tu National Review?
Published 1, December 4, 2011 Academics , Columns , Free Speech , Justice , Media , Politics , Society , Uncategorized , USA Today 44 CommentsSubmitted by: Mike Spindell, guest blogger
The National Review was founded in 1955 by William F. Buckley, Jr. It defined its’ purpose in a statement of intentions:
“Middle-of-the-Road, qua Middle of the Road, is politically, intellectually, and morally repugnant. We shall recommend policies for the simple reason that we consider them right (rather than “non-controversial”); and we consider them right because they are based on principles we deem right (rather than on popularity polls)…” http://en.wikipedia.org/wiki/National_Review
Bill Buckley, the son of an oil baron, was born to wealth and privilege. He was a lieutenant in the Army from 1943 until 1945 when he entered Yale and became a member of Skull and Bones, along with future President George H.W. Bush. In 1953 Buckley became prominent for his book “God and Man at Yale”. So when he founded the National Review he was already prominent in Conservative circles. Oh yes, it should be mentioned he was a CIA field agent under E. Howard Hunt, from 1951 through 1953.
“George H. Nash, a historian of the modern American conservative movement, believed that Buckley was “arguably the most important public intellectual in the United States in the past half century… For an entire generation, he was the preeminent voice of American conservatism and its first great ecumenical figure.”[6] Buckley’s primary contribution to politics was a fusion of traditional American political conservatism with laissez-faire economic theory and anti-communism, laying groundwork for the new American conservatism of U.S. presidential candidates Barry Goldwater and President Ronald Reagan“. http://en.wikipedia.org/wiki/William_F._Buckley,_Jr.
Whether you like the National Review or not, you must admit that it is the single most important magazine of the Conservative movement in America and has been so since its’ founding. As you can see from their mission statement above they claim to eschew popularity and polls, serving higher priciples. I was therefore interested to come across a story this week that calls into question their true dedication to higher principles, or perhaps one of their principles is merely naked greed. Continue reading ‘Et Tu National Review?’
Today’s Celebrity is Yesterday’s Aristocracy
Published 1, December 3, 2011 Academics , Bizarre , Columns , Environment , Media , Politics , Religion , Society , Things That Tick Me Off , Uncategorized , USA Today 11 CommentsSubmitted by Mike Spindell, guest blogger
Andy Warhol, said in 1968 that “In the future, everyone will be world-famous for 15 minutes.” Forty-Three years later the remark has become ubiquitously prescient. The world is awash in a celebrity culture and America is at the acme of this “culture”. From one perspective this is merely the harmless fluff that people use in order to distract themselves from the depressing things their lives have offered. It is the triumph of “kitsch” over substance in the business of being famous. This has been true throughout mankind’s history. The lives and activities of the powerful have been followed by the masses with avid interest and have been the fodder of discussion around what served as the ancient’s water coolers, perhaps the public wells. Without a doubt in ancient Egypt, the Pharaoh’s comings and goings were constant conversational topics. Today, in a much different context, the American multitudes avidly follow the lives of the powerful, rich and famous, via innumerable outlets including Facebook and Twitter.
The question I’m broaching here is if this is a historic human trait, are there negative aspects of it that threaten the functioning and stability of our society? My own answer is that I’m not sure one way or another, but I am concerned about what I see all around me and perhaps would like the writers here to talk me down, so to speak. Now one might rightly ask what does this have to do with the law and the other topics we treat here on a daily basis. Only this week we have had news bulletins and stories about the sentencing of Michael Jackson’s doctor to four years in prison. On that same day no doubt there were dozens of news stories that had greater effect on our lives, yet every network paid much attention to it on their nightly news. At the risk of offending Michael Jackson fans, the death of this once famous “Pop Star”, self titled “King of Pop” if you will, was hardly worth the attention paid to it, when issues of economic collapse, wars, revolutions, genocides and famines raged throughout the media frenzy. Yet, I must say that the media knew their audience and this story catered to that audience. I understand the need for, and I myself have need of distraction from the woes of the world, so it is not as if I hold myself apart from the indulgence. Frequently instances of self loathing come to the fore as I slavishly behold the spectacle that our media creates for us surrounding people and issues that embarrass our attention, as they play out before our wide-eyed gazes. Continue reading ‘Today’s Celebrity is Yesterday’s Aristocracy’
The Incarceration of Black Men in America
Published 1, November 26, 2011 Academics , Columns , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society , Supreme Court , Uncategorized 105 Comments
Submitted by: Mike Spindell, guest blogger
America has the world’s highest rate of incarceration, currently 738 per 100,000. Our nearest competitor for this dubious distinction is the Russian Federation with 607 and Cuba with 487. “The US incarcerates at a rate 4 to 7 times higher than other western nations such as the United Kingdom, France, Italy, and Germany and up to 32 times higher than nations with the lowest rates such as Nepal, Nigeria, and India.”
http://www.nccd-crc.org/nccd/pubs/2006nov_factsheet_incarceration.pdf Despite possible protestations that this is because we have the best law enforcement, my sense is that the reasons lie more in the system, than those who enforce it. No one ever lost an election in America because of the perception they “were tough on crime”.
“Race: Black males continue to be incarcerated at an extraordinary rate. Black males make up 35.4 percent of the jail and prison population — even though they make up less than 10 percent of the overall U.S population. Four percent of U.S. black males were in jail or prison last year, compared to 1.7 percent of Hispanic males and .7 percent of white males. In other words, black males were locked up at almost six times the rate of their white counterparts.” http://www.nccd-crc.org/nccd/pubs/2006nov_factsheet_incarceration.pdf
Despite possible protestations that this is because we have the best law enforcement, my sense is that the reasons lie more in the system, than those who enforce it. No one ever lost an election in America because of the perception they “were tough on crime”. “Race: Black males continue to be incarcerated at an extraordinary rate. Black males make up 35.4 percent of the jail and prison population — even though they make up less than 10 percent of the overall U.S population. Four percent of U.S. black males were in jail or prison last year, compared to 1.7 percent of Hispanic males and .7 percent of white males. In other words, black males were locked up at almost six times the rate of their white counterparts.”
http://www.laprogressive.com/law-and-the-justice-system/boiling-hot-mad/.html
These two sets of statistics when viewed together tell a terrible tale of how racial oppression still exists in this country despite our Black President and Black Attorney General. This Administration hasn’t caused of this problem, but they don’t seem to have made any progress dealing with it. We do know that there has been a widespread effort to play down the racial division that continues to plague this country. This continues despite Civil Rights Laws, Martin Luther King’s Birthday and TV beer commercials that always include at least one black male friend enjoying the camaraderie. Clearly there is a disconnect between how we Americans want to see ourselves and the reality for many Black males. Continue reading ‘The Incarceration of Black Men in America’
Let’s Kill All The Lawyers?
Published 1, November 19, 2011 Academics , Columns , Constitutional Law , Courts , Criminal law , Free Speech , Justice , Lawyering , Politics , Society , Supreme Court 45 Comments
Submitted by Mike Spindell, Guest Blogger
Last week during a long road trip, I was listening to a CD from the band The Eagles. A song came on written by Don Henley and Glenn Frey the group’s songwriters and leaders. The song is called “Get Over It”. As the autumn beautiful Shenandoah Valley landscape was passing by, a line from the song jarred me from my motoring reverie and made me think of this blog. The line was:
“The more I think about it, Old Billy was right
Let’s kill all the lawyers, kill ‘em tonight.”
Continue reading ‘Let’s Kill All The Lawyers?’
Celebrities and Statutory Rape: Is Justin Bieber A Victim of Statutory Rape or Defamation?
Published 1, November 4, 2011 Bizarre , Columns , Criminal law , Society , Torts , USA Today 30 Comments
Below is today’s column in USA Today (which will run in paper form next week). It appears that the police will look into the possibility of statutory rape and someone should be brushing up on defamation law as well.
Continue reading ‘Celebrities and Statutory Rape: Is Justin Bieber A Victim of Statutory Rape or Defamation?’
The Hit List: The Public Applauds As President Obama Kills Two Citizens As A Presidential Prerogative
Published 1, October 4, 2011 Columns , Congress , Constitutional Law , International , Military , Politics , Society , Supreme Court , USA Today 136 CommentsBelow is today’s column in USA Today (to run in paper form on Wednesday) on President Barack Obama’s claim to the right to kill citizens as dangers to the nation. Ironically, the day after I wrote the Los Angeles Times column on Obama’s disastrous impact on the civil liberties movement in the United States (including his assertion of the right to kill citizens on his own authority), the U.S. killed two citizens in Yemen. Notably, Ron Paul (who has emerged as the only candidate discussing these issues from a civil libertarian perspective) suggested an impeachment inquiry based on the killing of the two citizens. Below is the column in USA Today.
Continue reading ‘The Hit List: The Public Applauds As President Obama Kills Two Citizens As A Presidential Prerogative’
Obama and the Decline of the American Civil Liberties Movement
Published 1, September 29, 2011 Columns , Congress , Constitutional Law , Courts , Criminal law , International , Media , Politics , Society 200 CommentsBelow is today’s column in The Los Angeles Times on the record of Barack Obama on civil liberties and his impact on the civil liberties movement in the United States.
Continue reading ‘Obama and the Decline of the American Civil Liberties Movement’
As We Careen Towards a Dream of Armageddon
Published 1, September 24, 2011 Columns , Constitutional Law , Free Speech , International , Military , Politics , Religion , Society , USA Today 67 CommentsSubmitted by: Mike Spindell, guest blogger
To my mind the greatest movie satire on the idiocy of the Cold War and the fear it inspired in humanity, was Stanley Kubrick’s masterpiece “Dr. Strangelove, or How I learned to Stop Worrying and Love the Bomb”, released in 1964. The plot in brief was, “An insane general starts a process to nuclear holocaust that a war room of politicians and generals frantically try to stop”. For those unfamiliar with one of the best American movies of all time check this link: http://www.imdb.com/title/tt0057012/
Rent the movie if you haven’t seen it, for it will bring you dark laughter and present you with much to ponder. At the time of its release, some disparaged the movie as being un-credible in its characterizations and not believable in it premises. I hadn’t thought of the movie in years until I came across this article at the website Buzzflash.com titled “The Theology of Armageddon” by Robert Koehler. http://blog.buzzflash.com/node/13024 . The article is relatively brief, but well worth your time.
The article deals with a course titled “Nuclear Ethics and Nuclear Warfare” at Vandenberg Air Force Base, given under Air Force auspices. As the Robert Koehler states:
“(I)t turns out that the point of the mandatory course, which was recently canceled by the Air Force after officers of numerous faiths complained to the Military Religious Freedom Foundation about it and Truthout published an exposé in July, was to give officers in the first week of missile-launch training a Bible-verse-studded indoctrination in faux-Just War Theory (cynically known in the ranks as the “Jesus Loves Nukes” training)”.
What got me thinking of the movie Dr. Strangelove was a quote in the article from Dr. Wehrner Von Braun, which makes credible the satiric reality of the movies title character, Dr. Strangelove, hysterically portrayed as a heavily accented former NAZI, by Peter Sellers. Seller’s character was widely denounced as being unfair to Von Braun, at the time, but seeing this quote from him makes me wonder:
“We knew that we had created a new means of warfare and the question as to what nation . . . we were willing to entrust this brainchild of ours was a moral decision more than anything else,” von Braun is quoted as saying. “We wanted to see the world spared another conflict such as Germany had just been through and we felt that only by surrendering such a weapon to people who are guided by the Bible could such an assurance to the world be best secured.”
To me this is post facto justification by von Braun of his choice of the comfort of an honored life in the U.S. mirroring his NAZI lifestyle and providing a sop to detract from the truth that he was an enthusiastic war criminal. Von Braun had developed the V (I & II) guided missiles for the NAZI’s and became the head of the United States Ballistic Missile Program. Von Braun was a NAZI Party member of distinction and it seems dedication. His missiles fell upon Great Britain in the closing days of WW II as an attempt to cause terror within the British people and were random in their destruction. That he then became an honored man in the U.S., rather than a defendant at Nuremburg, is a tribute to our own hypocrisy in prosecuting the Cold War. A similar mindset seems to have infected some in our Air Force as I will show. Continue reading ‘As We Careen Towards a Dream of Armageddon’
The Christian Zionist Movement and Jewish Confusion
Published 1, September 17, 2011 Columns , International , Justice , Politics , Religion , Society , Uncategorized 79 CommentsSubmitted by: Mike Spindell, guest blogger
Most people who regularly visit this blog know that I am Jewish. While I am not what one would call a pious Jew, being a Deist in outlook, I have always been very proud of my ethnicity and of the religion, which plays a central part in it. From their infancy, my children were immersed in Judaism both through education and by our family regularly taking part in Jewish Rituals, including regular Synagogue attendance. Where I part personally from normative Judaism is that I view the Torah, The Five Books of Moses, as primarily allegory with some real history thrown in. To me it is a work of some wise and some not so wise men, not the writings of God. I believe and have seen demonstrated in many families though, that the Torah and its 613 Commandments can serve as blueprint for living a fulfilling life.
The issue becomes complicated when it comes to my feelings about Israel. To me the existence ofI srael is a necessity for Jews to have a future in this world and if it comes to it, a final haven to make our last stand. I am an American first, so I would not willingly emigrate away from the country of my birth, unless those who hate Jews come to power. Contrary to the opinion of many, Jews are far from being a homogeneous ethnicity/religion. One cannot for instance refer to being an Orthodox Jew with any precision of description since that movement is in itself splintered on many details of interpretation. This is true of the other main branches of Judaism: Conservative, Reform, and Reconstructionism. Perhaps it is because there is no central Jewish religious authority speaking for all Jews, as much as organizations like ADL, AIPAC, et. al. would claim to, that the range of Jewish opinion is so wide on so many subjects.
This brings me to an article I read at the PublicEye.org titled: “The New Christian Zionism and the Jews”. Its’ thesis is that many Jewish supporters of Israel and the current Israeli government have allied themselves with Christian Fundamentalists whose “love” for Israel and Jews come from the wish to fulfill the prophecies of The Book of Revelations, where in fact Jews not willing to accept Jesus, will die in a horrid holocaust. This trend has been one disturbing me for a long time. I have watched Jews and Israeli’s embrace Fundamentalist Christian support, in what to me is a shortsighted and irrational policy. This could be justified by saying that a country takes its allies where one can get them. Sometimes what seems an example of realpolitik is merely an instance of dangerously narrow opportunism, as I will elaborate. Continue reading ‘The Christian Zionist Movement and Jewish Confusion’
Reflections On 9/11
Published 1, September 11, 2011 Columns , Congress , Constitutional Law , Courts , Criminal law , International , Lawyering , Media , Military , Politics , Society 87 Comments
Below is today’s brief essay in the Los Angeles Times that is part of a series called Reflections on 9/11. I was asked that day after the attacks to write a column for the newspaper, which ran on September 13, 2001. As I wrote the piece, I could still see smoke rising from the Pentagon. The plane in Washington hit just behind my car a minute or so after I passed the Pentagon on my way to work from Alexandria. On that day, my greatest concerns were two-fold: a change in the definition of war and the expanded use of assassination. Unfortunately, my worst predictions were exceeded by the Bush Administration and later the Obama Administration. It is shocking to think that this was ten years ago. The images and feelings remain so vivid. My car was forced into a curb by a careening car that morning and I had to replace my tire as the smoke bellowed from the Pentagon. The thought of all the innocent people lost in Washington, New York, and Pennsylvania remains an open wound for so many of us. The sheer savagery and inhumanity of the attacks shocked the conscience — a feeling only magnified later when Bin Laden was shown gloating over how he personally advised the terrorists on the best place to hit the buildings. The cautionary piece on September 13th was not meant to take away from the legitimate and collective anger that we felt — and still feel. However, it was already clear within two days of the attacks that Bush officials were going to seek the radical expansion of presidential powers and were already referencing our civil liberties as an impediment to our safety. My heartfelt sympathy to all who lost friends and family on that day.
The President Has Been Afraid of What?
Published 1, September 10, 2011 Columns , Congress , Constitutional Law , Criminal law , Free Speech , International , Justice , Media , Military , Politics , Society 83 CommentsSubmitted by: Mike Spindell, guest blogger
As someone who voted for and rejoiced in Barack Obama’s election in 2008, I had certain expectations for his Presidency. My expectations heightened with the Democratic party’s majorities in Congress. Foremost I wanted to see a swift end to both wars, which I believe are unjust and draining the resources of this country. Since Obama was presumably a constitutional law scholar, I expected that he would return this country to the Rule of Law. I expected the new President to eliminate the Bush constitutional usurpation of our government and people, occurring with Democratic Party compliance. The Administration would end the widespread use of torture, rendition, and the excesses of The Patriot Act. His Department Of Justice would prosecute those who were responsible. As far as the economic crisis engendered by Wall Street excesses, I had faith that he would deal with it through FDR like projects, by re-regulation/prosecution of the financial industry and ending the unjustified Bush Tax cuts for the wealthy.
That none of this has happened, or was even attempted has filled me with disappointment and anger towards this Administration’s performance. In my mind as I tried to make sense of it of this betrayal, there was a nagging suspicion. What if the “powers that be” in our Country including the Military-Industrial complex had sent the word to the newly elected President: “Play ball”, or find yourself and your family grievously threatened? I was a young adult through the 60’s as I watched the assassinations of my heroes, one of whom was a President. I’m not comfortable with the official explanation of these deaths, since there was much that didn’t make sense. In the 70’s The Pentagon Papers, Watergate, and later the Church Committee Report on the CIA gave credence to the possible actions of a secret government. In addition, we learned from General Smedley-Butler, http://en.wikipedia.org/wiki/Smedley_Butler that a group of businessmen had contacted him in 1934 about leading a coup against FDR. One of those conspirators was Prescott Bush, father of Bush I and grandfather of Bush II. Later, Prescott Bush was involved in a Bank that had financed the NAZI’s rise to power. http://www.guardian.co.uk/world/2004/sep/25/usa.secondworldwar.
On September 7th, Rob Kall’s OpEdNews published “Obama Team Feared Coup If He Prosecuted War Crimes”. Andrew Kreig, executive director of the Justice Integrity Project, wrote this article. There are some very persuasive points in it and I believe it is worth your perusal and comment:
http://www.opednews.com/articles/1/Obama-Team-Feared-Coup-If-by-Andrew-Kreig-110907-156.html
If this speculation were true, it would go a long way towards explaining what we’ve been seeing from the Obama Administration. It would also be a disaster for any notion of the Rule of Law. Continue reading ‘The President Has Been Afraid of What?’
The Real Tea Party, Not Today’s Tea Party Fakes
Published 1, September 3, 2011 Columns , Congress , Constitutional Law , Environment , Free Speech , Justice , Media , Politics , Society , Uncategorized 62 CommentsSubmitted by: Mike Spindell, guest blogger
Today I came across this fascinating exposition on a facet of American History often overlooked in our educational syllabus. The Boston Tea Party, from which today’s Tea Party takes its’ name, was actually a revolt against the dominance of the largest Multi-national Corporation of its’ time and its’ monopoly of the ubiquitous tea trade. The power of this entity came through its political dominance of the British Monarchy and with its’ compliance and enforcement of this Corporation’s needs. Contrast the actual positions of today’s “Tea Partier’s” with those whose names they usurp. I think you will find this a fascinating video and I will comment after the fold.
Continue reading ‘The Real Tea Party, Not Today’s Tea Party Fakes’
The Best of All Possible Worlds?
Published 1, September 3, 2011 Academics , Columns , Politics , Religion , Society , Uncategorized 22 CommentsSubmitted by: Mike Spindell, guest blogger
I don’t know about you but I’ve had a bad month. I’m not talking about personal issues in my life because those are fine. I’m talking about the awful political and economic situations in this country, and I’m talking about the pain and misery felt by so many in the rest of our world. Each day it seems the news gets more depressing and I glean few hopeful signs from the news indicating that things will soon start to improve. As many here know, I am talking from the perspective of someone saved from the brink of death last year, so in a personal sense I have little complaint.
Taking it away from the deeply personal though, I see a country and a world in apocalyptic turmoil. Not only are we overwhelmed with seeming insoluble problems, but also from my perspective, we are beset with a host of irrational political leaders and those who follow them blindly. Added to the cacophony of these politicians, of all sides may I say, we have religious leaders who have twisted their religion to fit their own emotional needs. We also have CEO’s who will put profit above all other considerations. Finally, we have a general population so absorbed in a cult of celebrity, that civic understanding and action are mere afterthoughts. Is there no hope? Continue reading ‘The Best of All Possible Worlds?’
My Embarrassing Secret Belief
Published 1, August 27, 2011 Bizarre , Columns , Media , Military , Politics , Science , Society , Uncategorized 147 CommentsSubmitted by: Mike Spindell, guest blogger
In the years, I’ve spent commenting here at Professor Turley’s blog, I have presented myself as an honest person, sensible and with humane beliefs. Many regulars think of me as sort of a blog “elder statesman” and one who has a rational view of the world. There are of course others, fewer in number I assert, who think me a fool and a knave, which shows you can’t please everyone. Professor Turley himself has expressed fondness related to my tendency to be honest and open about myself personally.
Yet through all of these years here, I have harbored a secret belief that I’ve avoided mentioning for fear that the esteem in which I’m held, will disappear in an avalanche of ridicule and disappointment. I have to admit that to a retired old guy on the wrong side of sixty years, my place here has provided comfort to my self-esteem and certainly the feeling that I can still find things in life to accomplish. To those who haven’t realized the obvious yet from my writings, I have my vanities and indeed my insecurities, so being a guest blogger has stroked those needy aspects of my ego. Since I’ve received much gratification from this, I have been loath to be completely honest about one of my more deeply held beliefs. I came across an article that impels me to break my silence and reveal this belief here and now. While in the eyes of some reading this blog, it might lower their opinion of me and expose me to ridicule, I must finally admit to you my dirty little secret.
Who’s Really Who on the Blogs?
Published 1, August 21, 2011 Columns , Free Speech , Media , Politics , Society , Things That Tick Me Off 73 CommentsSubmitted by: Mike Spindell, guest blogger
Many years now at this site there have been side debates raging about false identities, used by people who are being paid to disrupt our discussions by making comments aimed at sidetracking issues. OpEdNews, a site run by Rob Kall, which I subscribe to sends me daily updates of articles of interest. Yesterday I received this intriguing article from Thom Hartmann’s podcast. It is an interview with Lee Fong from ThinkProgress on just this subject. Check out this link and see what you think.
http://www.opednews.com/articles/Caught-Fake-conservative-by-Thom-Hartmann-110820-341.html
Continue reading ‘Who’s Really Who on the Blogs?’
Jobless in Georgia
Published 1, August 20, 2011 Columns , Media , Politics , Society , Things That Tick Me Off 24 CommentsSubmitted by: Mike Spindell, guest blogger
While we the privileged, who have time for such things, argue about law, politics, and society from our individual perspectives, we can easily forget that the results of these arguments affect real people in their lives. In the present American discourse, curt slogans and political bombast rule the airwaves and the Internet. The consequences of arguments won and lost are often subsumed by the anger of the debate itself. I personally feel a great empathy for those people ground down by the decisions and actions of those with financial power who have influence on executive and legislative power. The result of this empathy is anger at what I see is the blindness of our corporate and political leaders towards the lives of average people and the deafness of those same leaders to the cries for help all around them. Continue reading ‘Jobless in Georgia’
Can We All Get Along?
Published 1, August 6, 2011 Academics , Columns , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society , Supreme Court 171 CommentsSubmitted by: Mike Spindell, guest blogger
“People, I just want to say, you know, can we all get along?” Rodney King 5/1/92
The arguments and divisions politically here and throughout this country are rampant and destructive. Anger and hatred of others of differing opinions rises at times to fever pitch and I admit that I am part of the problem as much as anyone else is. This is a somewhat different piece in that I am going to present some national problems, as I see them and elicit your comments on them, in an attempt to discover whether there is some common ground agreement, on some things plaguing our society. While I am more interested in whether or not people agree that these are indeed problems for us all to consider and work to solve, it is certainly apropos for people to comment on what they believe the solutions to be.
This is an experiment on the viability of people agreeing on the premise that a problem exists in a given area. We cannot begin to resolve issues, unless we first agree that they are issues to be contemplated by the entire body politic. My hope is to engender real, civil discussion and perhaps at the end reach something like consensus. This is not a plea for Bi-Partisanship because to me that is a fantasy, whoever may utter it. To be “partisan” is to hold strong opinions and srong opinions do not resolve themselves into agreement. The resolution reached by “partisans” is always one of compromise, without either side changing their core beliefs, but agreeing to take part of the loaf. I am “experimenting” to see if many of the diverse viewpoints represented here can at least agree that a specific issue is indeed a problem, or if it is indeed an issue. Beyond writing this, I will not take part in the ensuing discussion, since the formulation itself indicates my views on whether these are indeed problems. I will limit my questions to legal issues, with no particular order of importance intended.
Tea Party and the Myth of a Grassroots Movement
Published 1, August 2, 2011 Columns , Congress , Free Speech , Media , Politics 96 CommentsSubmitted by: Mike Spindell, guest blogger
The 2010 elections which gave the Republican Party the majority in the House of Representatives was seen as the elevation of a “Grassroots Movement”, composed of the spontaneously combusted wrath of ordinary citizens fed up with a bloated government. It was indeed a seminal moment for those people who disdained taxation, government handouts in entitlements, and the seeming waste of our tax dollars. The initial angry explosion was a reaction to the proposal and passage of the Health Care Bill. Rallies were organized, town hall meetings disrupted and a “hit list” of both Republican and Democratic members of Congress circulated.
The initial mainstream media reaction to this nascent movement was one of disdain, particularly because it was seen as an “out of the Beltway movement”, thus not to be taken seriously. However, this changed in a large part led by FOX News and copied by its “wannabe” CNN. Led by these Cable outlets, thirsting for sensation to fill their 24/7 news maws, all media began to follow suit, not wanting to be left behind. I find it interesting though that as late as April 22, 2010, Politico, hardly a left wing outlet, noted that unwarranted attention and media frenzy had begun, elevating the status of this purported movement: http://www.politico.com/news/stories/0410/36185.html It is ironic that this article, while laying out the irrational amount of attention given to the Tea Party, at its end discounts the effect the movement would have on the election. Its authors certainly were not prescient.
Lost in the tumult of media exaggeration and sensationalism was the fact that this was not at all a grass roots movement of average Americans, but a crafty example of political manipulation laid out in tandem with the compliance of Rupert Murdoch’s news network’s assault upon all things they deem liberal. The prime mover in this is Richard “Dick” Armey, a former Texas Republican Congressman, House Majority Leader, and major senior lobbyist at a worldwide lobbying firm. Armey created the mythology of a grass roots movement, guided its progress, arranged, and then paid for its “spontaneous” events.
Continue reading ‘Tea Party and the Myth of a Grassroots Movement’
Neanderthal’s and Social Darwinism: Perverting Science?
Published 1, July 28, 2011 Academics , Columns , Environment , Science , Society 71 CommentsSubmitted by: Mike Spindell, guest blogger
Among the ongoing battles in anthropology and paleontology since the mid-Nineteenth Century to now, is the distinction between the Neanderthal and Cro-Magnon Man. Specifically this devolves down to what happened to the Neanderthals, since the fossil record appears to show their extinction about 20,000 years ago. My assumption is that most readers are familiar with a lot of this material. It is easily attainable through Google or Wiki. What I find most interesting in this ongoing debate is the impact that Social Darwinism might have played in the original depiction of Neanderthals and in the assumptions made by some scientists about this species.
“Social Darwinism is a term used for various late nineteenth century ideologies predicated on the idea of survival of the fittest.[1] It especially refers to notions of struggle for existence being used to justify social policies which make no distinction between those able to support themselves and those unable to support themselves. The most prominent form of such views stressed competition between individuals in laissez-faire capitalism but it is also connected to the ideas of eugenics, scientific racism, imperialism,[2], Fascism, Nazism and struggle between national or racial groups.”
http://en.wikipedia.org/wiki/Social_Darwinism
The first skull of the Neanderthal had been discovered in 1926, but it was the discovery in 1856, in the Neanderthal Valley, in Germany that gave the species a name. We all know that the publication of Darwin’s “Origin of the Species” in 1859 set off a firestorm of both intellectual excitement and angry social resistance. By the end of the Nineteenth Century scientists, sociologists, physicians, philosophers, and politicians had misused Darwin’s phrase “survival of the fittest” to justify a host of theories that boiled down to two intertwined propositions. The first was that White People represented the apogee of human civilization and the second that among white people the Anglo-Saxon Teutonic strain represented the elite. This justified Eugenics, Imperialism and even the attempted genocide of the Native Americans. In politics, it also represented a definite anti-democratic strain, articulated prominently by Theodore Roosevelt, who believed that those of Anglo-Saxon/Teutonic origin should rule the Nation since the “rabble” was incapable of civilized behavior without their strong leadership. Continue reading ‘Neanderthal’s and Social Darwinism: Perverting Science?’
The American Quest for Empire
Published 1, July 23, 2011 Academics , Columns , International , Military , Politics , Society 29 Comments
Submitted by: Mike Spindell, guest blogger
A startling thought occurred to me recently and that is while I’m only approaching the age of sixty-seven, I have lived in eight decades on this planet. Every one of those eight decades has had an American involvement in a foreign war. To be sure there is a massive degree of difference in magnitude let’s say between World War II and Grenada, but both were wars nonetheless. There is a common thread in all of these involvements that goes beyond the immediate causes and that is the quest for Empire. A persistent undertone in American thought has been expansive since Jefferson made The Louisiana Purchase. While this need to expand hasn’t always been present in the public political debate as a motivation, those whose thoughts held sway over the political and intellectual backbone of our country openly discussed it. While America, which initially remained primarily an agrarian nation, was expanding into the vast frontier of this continent, our dreams of empire focused on taming the country and overwhelming its Native American population. By the mid Nineteenth Century, the industrial revolution influenced American thought and the need to expand to acquire natural resources, replaced agrarian needs, while making the taming of the frontier more urgent.
Given our constitutional underpinnings and the magnificent sentiments of the Declaration of Independence, many felt qualms about our displacement of Native Americans in our expansion westward. Darwin’s Origin of The Species, published in 1859 became an instant sensation for intellectuals worldwide and for those with the power to shape a nation’s thought processes. Social Darwinism, survival of the fittest, was the new model for developing rationales and mythologies, which absolved the country of residual guilt in our struggle with the native population and allowed opinion shapers and ideologues to frame the issue in terms of the struggle of civilization against savagery.
Fundamentalist Religion and TV Documentaries, A Problem?
Published 1, July 23, 2011 Columns , Constitutional Law , Free Speech , Media , Religion , Society 37 Comments
Submitted by: Mike Spindell, guest blogger
There is a trend today on television that is disturbing and I think harmful to our Country, yet we are powerless to halt its’ progress. This occurred to me as I watched an edition of ABC’s Primetime-Nightline entitled “Battle With the Devil”, which was advertised as a show that “investigates the belief in satanic will or possession by a demon”. I’d DVR’ed it because from the description, it was supposed to present various people who purport to have had demonic possession and or experiences of Satan. It also promised to include exorcists, psychologists and various other experts. The beliefs and actions of people always interest me. The more bizarre the belief system the more interesting I find the person. I’m fascinated by human extremes and as a therapist I’m always trying to puzzle out what makes someone tick. When the show ended though, I found myself angry at it and feeling somehow abused emotionally. That feeling began my train of thought that led to this post.
Continue reading ‘Fundamentalist Religion and TV Documentaries, A Problem?’
Top 100: ABA Top Blog Competition Begins
Published 1, November 29, 2010 Academics , Animals , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Environment , International , Justice , Lawyering , Media , Military , Politics , Religion , Science , Society , Supreme Court , Testimony , Things That Tick Me Off , Torts , Uncategorized , USA Today 134 Comments
It is that time of the year for our annual blawgletting — the ABA top blog competition. We have once again been selected as one of the top 100 legal blogs (of over 3000) and nominated for the IMHO (opinion) category and it is time to release our minions upon the field of blog battle. Vote here to defend our way of life and the future of the planet.
Federal Court Strikes Down Defense of Marriage Act As Unconstitutional
Published 1, July 9, 2010 Columns , Constitutional Law , Courts , Politics , Society , Supreme Court 20 Comments
In a major ruling, United States District Court Judge Joseph L. Tauro has struck down the 1996 Defense of Marriage Act (DOMA) defining lmarriage as a union exclusively between a man and a woman. The bill was supported and signed by former President Bill Clinton. Tauro was appointed to the bench by President Nixon back in 1972.
Continue reading ‘Federal Court Strikes Down Defense of Marriage Act As Unconstitutional’
Do Laws Matter?
Published 1, June 15, 2010 Columns , Congress , Constitutional Law , Criminal law , Environment , International , Justice , Media , Politics , Society 117 Comments
Below is today’s column exploring the growing anger of voters and the possible linkage of controversies ranging from the bank bailouts to immigration to the BP oil spill.
Is the Individual Mandate Constitutional?
Published 1, March 31, 2010 Columns , Constitutional Law , Courts , Politics , Society , Supreme Court , USA Today 99 Comments
Below is today’s column on the constitutional challenges to the health care legislation. I will be participating in a live chat at 1:00 p.m. at the Forum with USA Today. Continue reading ‘Is the Individual Mandate Constitutional?’
Gunning for Slaughterhouse? Supreme Court Hears Arguments in McDonald Gun Case
Published 1, March 2, 2010 Columns , Criminal law , Justice , Politics , Society , Supreme Court 46 Comments
Today, the Supreme Court will take up the potentially historic case of McDonald v. Chicago on gun rights. There is more at stake than just the application of the Second Amendment to the states, as I discussed in today’s column in Roll Call below:
Continue reading ‘Gunning for Slaughterhouse? Supreme Court Hears Arguments in McDonald Gun Case’
“You Say You Want A Revolution”: How To Reform Our Political System
Published 1, February 11, 2010 Academics , Columns , Congress , Constitutional Law , Courts , Lawyering , Media , Politics , Society , Supreme Court 67 Comments
This month, members of Congress have introduced an amendment to the Constitution to reverse a recent ruling by the Supreme Court to allow Congress to regulate corporation engaged in political speech. Constitutional reform is no simple task. However, if we are finally ready to amend the Constitution to achieve political reform, why not make some real changes to our system? The proposed amendment would do little but return us to the status quo before the decision in Citizens United which (in case you have a short memory) was hardly a period of celebrated good government. To paraphrase the Beatles’ song, if “you say you want a revolution,” this is not it but there is a way.
Before we can change the system, we have to change our attitude passivity and collectively declare “enough.” While our leaders control the political branches, they do not control the political process itself. That is controlled by the Constitution, which remains in control of the people, in our control. It is not too much speech or too much money that is draining the life from this Republic. It is a lack of faith in ourselves to force change without the approval or support of our leaders. If we are going to go through the constitutional amendment process, then let’s make it worth our while and achieve real political change in this country.
Below is today’s column on fundamental reforms that could change not just Congress but our political system. I discussed the column on this segment on National Public Radio.
Continue reading ‘“You Say You Want A Revolution”: How To Reform Our Political System’
Seeing Red Over Blue Slipping
Published 1, February 7, 2010 Columns , Congress , Military , Politics , Society 3 Comments
In light of today’s controversy over Sen. Richard Shelby’s hold on 70 nominations (here) due to a disagreement over Air Force tankers, this 2001 column may be of interest.
Continue reading ‘Seeing Red Over Blue Slipping’
HAPPY NEW YEAR!!!
Published 1, January 1, 2010 Academics , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Environment 24 Comments
Happy New Year to all of our blogging family. This has been a remarkable year for the blog. We are now solidly in the top ten legal blogs, according to the AVVO rankings and we have over doubled our number of visits from last year. The success is almost entirely due to our regulars who bring insight, humor, and passion to legal and policies issues every day. I cannot thank you enough.
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VOTE NOW: HOURS TO GO TO THE CLOSING OF THE ABA POLLS!
Published 1, December 31, 2009 Academics , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Environment , International , Justice , Lawyering , Media , Military , Politics , Religion , Society , Supreme Court , Things That Tick Me Off , Torts 27 Comments
The final day is here in the galactic struggle for blog dominance. This afternoon, voting will end and, while the vote count has now been hidden by the ABA, we cannot give up our righteous battle.
Continue reading ‘VOTE NOW: HOURS TO GO TO THE CLOSING OF THE ABA POLLS!’
TURLEY BLOG MAKES TOP 100 — RACE BEGINS FOR TOP SPOT IN IMHO (OPINION) CATEGORY
Published 1, December 1, 2009 Academics , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Environment , International , Justice , Lawyering , Media , Military , Politics , Religion , Society , Supreme Court , Things That Tick Me Off , Torts , Uncategorized , USA Today 75 Comments
The moment has come. For the last twelve months, we have basked in the glory as the Top Law Professor and Legal Theory Blog. Now, the ABA has started the Third Annual Competition. The good news is that we once again made the top 100 blogs. However, the ABA has mixed things up a bit with new categories. We have been moved to the Opinion category (IMHO- in my humble opinion slot). The ABA editors, however, have put us up against one of the oldest and most popular legal sites, Althouse. To vote, click here.
Continue reading ‘TURLEY BLOG MAKES TOP 100 — RACE BEGINS FOR TOP SPOT IN IMHO (OPINION) CATEGORY’
“Religious Convictions”: When Children Die, Religion Is No Defense
Published 1, November 15, 2009 Bizarre , Columns , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Media , Politics , Religion , Society , Supreme Court , Torts 19 Comments
Here is today’s column from the Washington Post on the benefits of a new type of “good-faith” defense. While “religious convictions” are usually a reference to personal faith, it turns out that it has a distinct and disturbing meaning for criminal sentencing.
Continue reading ‘“Religious Convictions”: When Children Die, Religion Is No Defense’
When Does Disrespect Become Disorder?
Published 1, September 24, 2009 Columns , Congress , Constitutional Law , Courts , Lawyering , Media , Politics , Society , Supreme Court 32 Comments
Below is today’s column on the aftermath of the Joe Wilson controversy. The threat of the Democrats to punish members using certain words to criticize the President raises some novel and unresolved constitutional questions.
The Supremes: Picking the Top Nine Justices of All Time
Published 1, September 3, 2009 Academics , Columns , Constitutional Law , Courts , Politics , Society , Supreme Court 14 Comments
Last night I discussed the growing speculation that Justice John Paul Stevens, an icon of the Court with over three decades of service, may be preparing to retire (here). On both a personal and jurisprudential level, Stevens remains one of my favorite judicial figures. He is a man who had a transformative impact on his country. His place in history will likely be discussed for years to come. With this news and the justices returning to the city for the new term, this story may be of interest. Below is my cover article in the American History Magazine on my choices for the top nine justices — as well as my list of the Supreme failures on the Court.
Continue reading ‘The Supremes: Picking the Top Nine Justices of All Time’
The Sotomayor Nomination and the Search for Judicial Greatness
Published 1, July 13, 2009 Academics , Columns , Congress , Constitutional Law , Courts , Justice , Lawyering , Media , Politics , Society , Supreme Court , USA Today 12 Comments
With the Senate hearings about to begin on the Sotomayor nomination, this morning’s column below addresses what we ideally should be looking for in a nominee.
Continue reading ‘The Sotomayor Nomination and the Search for Judicial Greatness’
Defining Terrorism: We Can Call People Murderers Without Diminishing Their Crimes
Published 1, June 17, 2009 Columns , Constitutional Law , Courts , Criminal law , Justice , Media , Politics , Religion , Society , USA Today 24 Comments
Columnist Bonnie Erbe said last week that “it ought to be against the law” for people to call George Tiller “a murderer” and “anyone who [says such things] it ought to be prosecuted as an accessory to murder, as well as for partaking in domestic terrorism.” Others have also demanded that we treat such crimes as “domestic terrorism.” Below is today’s column on defining terrorism.
Continue reading ‘Defining Terrorism: We Can Call People Murderers Without Diminishing Their Crimes’
DOES TURLEY BLOG NEED A NIP AND TUCK?
Published 1, June 7, 2009 Academics , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Environment , International , Justice , Lawyering , Media , Military , Politics , Religion , Society , Supreme Court , Testimony , Torts 88 Comments
It comes to all of us with age. As hairlines recede and waistlines expand, cosmetic surgery becomes more attractive. While this blog is just around 2 years old, in human-to-blog years that is almost middle aged. In the last few weeks, various regulars have suggested that the site needs work to handle the large number of visitors and entries. This is an attempt to see what you would like to do with the site. I view this site as belonging to all of the regulars and I would like to solicit your thoughts on changes that you would like to see from different cosmetic touches to different structure. This entry will also allow discussion of those things (not people) that you least like.
Continue reading ‘DOES TURLEY BLOG NEED A NIP AND TUCK?’
Three Legal Truths: The Case for The Prosecution of War Crimes By the Bush Administration
Published 1, May 8, 2009 Columns , Congress , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Media , Military , Politics , Society 84 Comments
Below is today’s column in the U.S. News and World Report on the case for prosecuting torture and responding to the dwindling number of defenders of the Bush torture program:
Continue reading ‘Three Legal Truths: The Case for The Prosecution of War Crimes By the Bush Administration’
Monumental Shakedown: Cashing in on Martin Luther King, Jr.
Published 1, April 22, 2009 Academics , Bizarre , Columns , Congress , Media , Politics , Society 9 Comments
Below is today’s column from the Los Angeles Times on the demand of the family of Martin Luther King that the King Center be paid roughly $800,000 for the right to use his image and words in the planned memorial to the late civil rights leaders on the Washington Mall.
Continue reading ‘Monumental Shakedown: Cashing in on Martin Luther King, Jr.’
Lockdown High: Zero-Tolerance Policies and Authoritarian Learning
Published 1, April 21, 2009 Academics , Bizarre , Columns , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Media , Politics , Society , Supreme Court , Torts , USA Today 27 CommentsHere is today’s column in USA Today concerning the argument today before the United States Supreme Court in the case of April Redding.
Continue reading ‘Lockdown High: Zero-Tolerance Policies and Authoritarian Learning’
International Blasphemy: The Free World Bars Free Speech
Published 1, April 11, 2009 Academics , Bizarre , Columns , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Media , Politics , Religion , Society , Supreme Court , Torts 44 Comments
Here my column in Sunday’s Washington Post on the increasing prosecutions in the West for insulting religion. The rise of international blasphemy prosecutions (and the proposal of the international criminalization of blasphemy) has sacrificed free speech in the name of free exercise.
Continue reading ‘International Blasphemy: The Free World Bars Free Speech’
Taney Bound
Published 1, February 8, 2009 Academics , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Environment , International , Justice , Lawyering , Media , Military , Politics , Religion , Society , Supreme Court , Testimony , Torts 32 Comments
Further entries on Sunday will be delayed due to my deployment on the Cutter U.S.S. Taney (USCGC Taney (WPG/WHEC-37)).
My two eldest sons and I are scheduled to sleep over on the Taney on Saturday night. Men going off to sea on a warship is nothing new, but not since the Fighting Sullivan brothers has one family decided to serve in the same ship.
Faith-Based Part II: Obama’s Expansion of the Bush’s Faith-Based Programs
Published 1, January 26, 2009 Columns , Congress , Constitutional Law , Politics , Religion , Society , Supreme Court , USA Today 90 Comments
As we approach the one-week anniversary of the Obama administration, it is a bit early to judge the level of true change brought by the 44th president. However, it is becoming increasingly clear what is not going to change (at least for the better) in the Obama administration. With all of the euphoria of the inauguration, many supporters fought back a strange and long-lingering sensation: doubt. There was little room for doubt in the collective celebration of our first African-American president and a new course after a ruinous eight years under George W. Bush.
Continue reading ‘Faith-Based Part II: Obama’s Expansion of the Bush’s Faith-Based Programs’
TURLEY BLOG WINS TOP SPOT IN ABA JOURNAL SURVEY
Published 1, January 3, 2009 Academics , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Environment , Justice , Lawyering , Media , Military , Politics , Religion , Society , Supreme Court , Testimony , Torts , USA Today 62 Comments
Well, the results are in and weeks of defamatory attacks on our opposing bloggers and the unrestrained use of the politics of personal destruction have paid off: the Turley blog was voted the Number One law professor blog and legal theory blog in the annual survey of the American Bar Association’s survey. Earlier, it was selected as one of the top 100 legal blogs overall. That is not bad for a blog that is only roughly a year old and it is entirely due to our regulars at the cyber bar we called the Turley blog. Your overindulgence, obsessive compulsiveness, and general lack of restraint have made us what we are today, a group of dysfunctional miscreants. But we are now the Number One dysfunctional miscreants in our category. Well done Team Turley (if I may be so bold). Not to overplay the victory, but this is the first key step to total blogosphere domination and eventual control of the time space continuum.
Continue reading ‘TURLEY BLOG WINS TOP SPOT IN ABA JOURNAL SURVEY’
HAPPY NEW YEAR!!!
Published 1, January 1, 2009 Academics , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Environment , Justice , Lawyering , Media , Military , Politics , Religion , Society , Supreme Court , Testimony , Torts , Uncategorized , USA Today 40 Comments
Happy New Year to everyone on the Turley blog. This has been an extraordinary first year of the blog which is approaching two million hits annually. The success of the blog is due largely to our regulars who continue to make this one of the smartest and most fun blogs on the web. Even with the invasion by trolls and a few uncivil moments, the blog has remained a special forum for intelligent, civil, and often witty discourse. Our impressive monthly growth (and the obvious irritation of trolls) is a testament to the fact that there remains many people who want to engage in such dialogue. 2008 was our first full year in operation and I am very grateful for the contributions of all of the regulars on this blog.
Martha Stewart and the Great Salmon Rose Caper
Published 1, November 18, 2008 Columns , Society 6 Comments
For those shocked by the lawsuit by an Iowa magician and hand model over an allegedly defective product, the dark truth over Stewart’s menacing merchandise was foretold in the column below in 2002.
Continue reading ‘Martha Stewart and the Great Salmon Rose Caper’
Will Alaskans Stand Up to Stevens – Now?
Published 1, October 30, 2008 Bizarre , Columns , Constitutional Law , Politics , Society 6 Comments
Below is today’s column in Roll Call where I discuss the Stevens conviction and the dismal state of the Alaskan delegation. The voters in Alaska will have a increasingly difficult time claiming to espouse “small town values” and “law and order politics” when they routinely reelect corrupt politicians.
Bullies in the Dock: Some Parents Take Their Complaints from the Schoolhouse to the Courthouse
Published 1, July 15, 2008 Bizarre , Columns , Criminal law , Society , Torts , USA Today 11 Comments
Below is today’s column on a growing national trend of parents taking bullying cases to court after receiving no action from school officials. This may be a case where litigation is needed to concentrate the minds of some school officials (and parents of bullies) on the costs of such violence in schools.
The Roberts Court and The Return of the Four Horsemen
Published 1, July 2, 2008 Columns , Constitutional Law , Courts , Politics , Society , Supreme Court 5 CommentsBelow is today’s column on the end of the Supreme Court term. It looks at the implications of the current Court for either a President Obama or a President McCain. An interesting analogy can be drawn to the Four Horsemen and Three Musketeers of the Hughes Court during the first term of Franklin Delano Roosevelt.
Continue reading ‘The Roberts Court and The Return of the Four Horsemen’
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.
Fraud by Write-Out? Don Young’s Extra Ordinary Earmark
Published 1, April 24, 2008 Bizarre , Columns , Congress , Constitutional Law , Criminal law , Politics , Society 5 Comments
Last week, the Senate took an unprecedented step asking the Justice Department to investigate the possible criminal conduct of a House member. The subject of this ignoble moment is Rep. Don Young. For many, it was a well-earned distinction for Young, who is often cited as the face of earmark corruption. However, this is different. Young is accused of effectively stealing millions of dollars for a campaign contributor by changing the words of an appropriations bill after it was passed by his colleagues. Continue reading ‘Fraud by Write-Out? Don Young’s Extra Ordinary Earmark’
Tort Reform and Legal Mythologies: Re-Examining Limits on Tort Actions and Damage Awards
Published 1, April 14, 2008 Columns , Lawyering , Politics , Society , Torts 8 CommentsIn light of today’s story on the debate over the Virginia damage caps on tort lawsuits against the state, this prior column may be of some interest. Continue reading ‘Tort Reform and Legal Mythologies: Re-Examining Limits on Tort Actions and Damage Awards’
Revelations 13: Is Disney the Kingdom of the Biblical Beast?
Published 1, April 10, 2008 Columns , Society 18 CommentsIn light of today’s Disney case, this past column exploring the question of the possible biblical role of Disney may be of interest. Continue reading ‘Revelations 13: Is Disney the Kingdom of the Biblical Beast?’
De-Accrediting the Electoral College: The Real Costs of a Constitutional Relic
Published 1, April 8, 2008 Columns , Congress , Constitutional Law , Politics , Society , USA Today 30 Comments
Hillary Clinton’s superdelegate strategy has highlighted the flaws in our electoral college system — and the need to finally embrace democracy in its truest form in the selection of the President of the United States. The column below explores the controversy.
Continue reading ‘De-Accrediting the Electoral College: The Real Costs of a Constitutional Relic’
A Fool and His Lawyer: Can You Be Competent to Stand Trial But Unfit to Represent Yourself?
Published 1, March 26, 2008 Columns , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Society , Supreme Court 8 CommentsToday, the Supreme Court will hear the case of Indiana v. Edwards and explore the question of the limits as self-representation — the subject of the column below. Continue reading ‘A Fool and His Lawyer: Can You Be Competent to Stand Trial But Unfit to Represent Yourself?’
The Insanity Defense and the Limits of Legal Reason
Published 1, March 17, 2008 Columns , Courts , Criminal law , Justice , Lawyering , Society 4 CommentsInsanity cases continue trouble the courts and counsel from Andrea Yates to Colin Fergusan to the on-going controversy over John Wayne Hinckley Jr. This prior column explores the issue. Continue reading ‘The Insanity Defense and the Limits of Legal Reason’
The Supreme Redux: Is John McCain Ineligible to Be President?
Published 1, March 6, 2008 Columns , Congress , Constitutional Law , Lawyering , Politics , Society , Supreme Court 21 CommentsImagine this. The country is fresh from a close presidential election when the Supreme Court is asked to decide who will be president. If you are thinking about the 2000 election, think again. The expected nomination of John McCain for president could trigger a fight over a relatively obscure provision in the Constitution: the requirement that president and vice president be “natural born” citizens. McCain is certainly a citizen, but there is a legitimate question of whether he is a “natural born citizen” given his birth in the Panama Canal. Continue reading ‘The Supreme Redux: Is John McCain Ineligible to Be President?’
The Tortura De Bush and the Administration’s Taste for Khmer-Style Waterboarding
Published 1, February 27, 2008 Columns , Congress , Constitutional Law , Criminal law , Justice , Lawyering , Politics , Society 20 CommentsA Tortured Defense;
The guessing game is over. We know the U.S. government OK’d and utilized waterboarding. So what — if anything — are we going to do about it? Continue reading ‘The Tortura De Bush and the Administration’s Taste for Khmer-Style Waterboarding’
Scalia and the Advent of the Celebrity Justice
Published 1, February 14, 2008 Columns , Constitutional Law , Justice , Lawyering , Politics , Society , Supreme Court 10 CommentsGiven the most recent public controversy involving statements made by Justice Scalia on torture, this prior column may be of some interest: Continue reading ‘Scalia and the Advent of the Celebrity Justice’
Bush Administration Seeks to Execute the Latest “20th Hijacker”
Published 1, February 11, 2008 Bizarre , Columns , Criminal law , Justice , Lawyering , Military , Politics , Society , Supreme Court 1 CommentWith the Bush Administration seeking to execute six detainees at Cuba including one identified as the “20th hijacker,” this prior column on the line of previously identified “20th hijackers” might be helpful. Continue reading ‘Bush Administration Seeks to Execute the Latest “20th Hijacker”’
The American Gothic Amendment: Federalism and the Same-Sex Marriage Debate
Published 1, February 1, 2008 Columns , Congress , Constitutional Law , Lawyering , Politics , Society , Supreme Court 4 CommentsIn light of today’s debate over Congress and its shaky federalism principles, this prior column on the marriage amendment may be of interest. Continue reading ‘The American Gothic Amendment: Federalism and the Same-Sex Marriage Debate’
Medical Marijuana, Federalism and the Forbidden Fruit of the Constitution
Published 1, February 1, 2008 Columns , Congress , Constitutional Law , Justice , Politics , Society , Supreme Court 5 CommentsIn light of the DeMint bill to strip Berkeley of its federal funding, this earlier column on the hypocrisy in Congress over federalism may be of interest: Continue reading ‘Medical Marijuana, Federalism and the Forbidden Fruit of the Constitution’
Commencement Address for the John Marshall Law School Graduating Class of 2008
Published 1, January 27, 2008 Columns , Justice , Lawyering 11 CommentsToday, I have the honor of being the commencement speaker for the John Marshall Law School graduation. Continue reading ‘Commencement Address for the John Marshall Law School Graduating Class of 2008′
Zacarias Moussaoui and the Mad Pursuit of a Trophy Terrorist
Published 1, January 26, 2008 Columns , Criminal law , Justice , Lawyering 2 CommentsIn light of the $5 million given to a witness in the trial of Zacarias Moussaoui, this column may be of interest. Continue reading ‘Zacarias Moussaoui and the Mad Pursuit of a Trophy Terrorist’
Earning Your Bones in the Bush Bada Bing! Club
Published 1, January 25, 2008 Columns , Congress , Criminal law , Lawyering , Politics 4 CommentsFor those interested in why Wolfowitz could possibly secure gainful employment in government after his disasters in Iraq and the World Bank, this prior column may be of interest on how to succeed in the Bush Administration: Continue reading ‘Earning Your Bones in the Bush Bada Bing! Club’
From The Brazen Bull to Lethal Injection: The Punishment Fits the Times
Published 1, January 16, 2008 Columns , Constitutional Law , Criminal law , Justice , Lawyering , Politics , Supreme Court 5 CommentsNothing becomes politics quite like death. With a presidential election approaching and three important cases before the Supreme Court, the country is once again grappling with the death penalty. Politicians and citizens alike are debating how — and whether — we should kill those who kill others.
It is a debate with particular importance to Ralph Baze and Thomas Clyde Bowling Jr., death-row inmates who are challenging the constitutionality of lethal injection as a method of execution in Kentucky. The court is set to issue its first ruling in more than 100 years on the method of executions. Continue reading ‘From The Brazen Bull to Lethal Injection: The Punishment Fits the Times’
DARPA and the Administration’s Plan for “Total Transparency” in a Fishbowl Society
Published 1, January 12, 2008 Columns , Congress , Justice , Politics 1 CommentGiven the controversy over the new national identification card and government sharing of files on citizens, this prior column on the work of DARPA to achieve “total transparency” in society may be of interest. Continue reading ‘DARPA and the Administration’s Plan for “Total Transparency” in a Fishbowl Society’
Horsing Around in Congress: The Senate Seeks a Ban on the Slaughter of American Horses for Human Consumption
Published 1, January 11, 2008 Bizarre , Columns , Congress , Constitutional Law , Environment , Politics 8 CommentsGiven the recent controversy over horse slaughter houses in Mexico, this prior column on the intervention of Congress into the world of horse meat may be of interest. Continue reading ‘Horsing Around in Congress: The Senate Seeks a Ban on the Slaughter of American Horses for Human Consumption’
The 2008 Presidential Primaries Begin: Will Candidates Be Forced to Try Principle in the Desperate Search for Popularity?
Published 1, January 3, 2008 Columns , Politics , USA Today 6 Comments2008: The year of principles?
With Iowans going today to their caucuses, the beginning of a new year and the presidential primary season dangerously collide for voters. Distraught voters can now couple their prior unrealized weight-loss resolutions with their unrealized political resolutions like finding a new party or moving to Canada. Yet, every four years, we end up fatter and madder by the year’s end. Continue reading ‘The 2008 Presidential Primaries Begin: Will Candidates Be Forced to Try Principle in the Desperate Search for Popularity?’
CIA Interrogation Tapes: “Bad” is Hardly the Word — Call it Criminal
Published 1, December 10, 2007 Columns , Congress , Constitutional Law , Criminal law , Justice , Lawyering , Politics 21 CommentsBelow is today’s column in Roll Call on the potential basis for criminal prosecution in the destruction of CIA interrogation tapes. Continue reading ‘CIA Interrogation Tapes: “Bad” is Hardly the Word — Call it Criminal’
Older Prisoners and Overcrowding
Published 1, December 6, 2007 Columns , Congress , Criminal law , Justice , Politics , Testimony 5 CommentsGiven my testimony today in the House Judiciary Committee on prison reform and older prisoners, I thought this previous column may be of interest. Continue reading ‘Older Prisoners and Overcrowding’
The Death (and Life) of Henry Hyde
Published 1, November 29, 2007 Columns , Congress , Politics 2 CommentsOver thirty years ago, I walked on to the floor of the House Representatives on my first day as a congressional page – fidgeting in a new blue suit and trying desperately to hide the fact that I was terrified. I was immediately pushed into a scrum of members and pages running about in a close vote. Nobody really noticed the teenager being shoved around like flotsam and jetsam until I felt a huge hand grab me by the arm and pull me into a member’s seat. I looked up at a tall man in an outrageously bright canary yellow suit and a smile to match. It was Henry Hyde. Continue reading ‘The Death (and Life) of Henry Hyde’
The Kenneth Trentadue Scandal
Published 1, November 28, 2007 Columns , Congress , Criminal law , Justice 7 CommentsGiven the recent ruling in the case, this prior column on the scandal and saga of Kenneth Trentadue may be of interest. Continue reading ‘The Kenneth Trentadue Scandal’
How To Punish A Cyber Bully
Published 1, November 21, 2007 Columns , Congress , Criminal law , Justice , Torts 8 CommentsWhen Megan Meier logged on to MySpace a little over a year ago, she was seeking a new start with new friends. She’d had some hard times: She considered herself overweight, had been bullied in school and had low self-esteem. Continue reading ‘How To Punish A Cyber Bully’
Elizabeth Morgan Act and Legislating Family Values
Published 1, November 20, 2007 Columns , Congress , Constitutional Law 4 CommentsThe use of dormant memories in the Blackmon case has prompted links to Elizabeth Morgan controversy, below is a prior column on the issue. There are some significant differences however, particularly given the intervention of Congress into the family dispute. Continue reading ‘Elizabeth Morgan Act and Legislating Family Values’
Boy Scouts, Discrimination, and Association
Published 1, November 19, 2007 Columns , Constitutional Law , Supreme Court 3 CommentsFor a prior column on the boy scouts and the Court’s prior decision in Dale, see below Continue reading ‘Boy Scouts, Discrimination, and Association’
When Religion Becomes Fair Game: If Presidential Candidates Court the Faithful They Should Also Answer Questions of Faith
Published 1, November 19, 2007 Columns , Constitutional Law , Politics , Religion 19 CommentsWhen religion becomes fair game; If candidates can court the faithful, they should be willing to answer questions of faith as well. Continue reading ‘When Religion Becomes Fair Game: If Presidential Candidates Court the Faithful They Should Also Answer Questions of Faith’
The Beef People: The Creekstone Controversy and the Bush Administration’s Effort to Prevent Private Testing of Meat Products
Published 1, November 15, 2007 Columns , Environment , Politics Leave a CommentGiven the controversy over the use of carbon monoxide in beef, this prior column on the hold of the meat industry over government policy may be of interest: Continue reading ‘The Beef People: The Creekstone Controversy and the Bush Administration’s Effort to Prevent Private Testing of Meat Products’
Congressional Free Trips: Educating Members at the Hands of Lobbyists
Published 1, November 8, 2007 Columns , Congress , Politics 1 CommentGiven the recent shock expressed by members of Congress over the very notion of Executive Branch officials accepting free trips, this past column may be enlightening. Continue reading ‘Congressional Free Trips: Educating Members at the Hands of Lobbyists’
Suing Over the Separation of Church and State
Published 1, October 19, 2007 Columns , Constitutional Law , Supreme Court 5 CommentsGiven the Crist controversy, the prior column below on the separation of church and state may be of interest. Continue reading ‘Suing Over the Separation of Church and State’
Grand Jury Secrecy and the Rocky Flats Scandal
Published 1, October 19, 2007 Columns , Constitutional Law , Criminal law , Environment , Justice 3 CommentsGiven the recent crack down on reporters in Arizona, the prior column from the Washington below on the grand jury secrecy may be of interest. Continue reading ‘Grand Jury Secrecy and the Rocky Flats Scandal’
U.S. Torture and the Loss of American Identity
Published 1, October 9, 2007 Columns , Constitutional Law , Military 1 CommentRights on the Rack: Alleged torture in terror war imperils U.S. standards of humanity Continue reading ‘U.S. Torture and the Loss of American Identity’
Nuns, Sailor-Mongers and Terorrism
Published 1, October 9, 2007 Columns , Constitutional Law 1 CommentWith the start of the Detroit trial, the following column from the L.A. Times October 2003 may be of interest. Continue reading ‘Nuns, Sailor-Mongers and Terorrism’
A Liberal’s Lament: The NRA Might Be Right After All
Published 1, October 4, 2007 Columns , Constitutional Law , Supreme Court , USA Today 34 CommentsHEADLINE: A liberal’s lament: The NRA might be right after all
This term, the Supreme Court may finally take up the Voldemort Amendment, the part of the Bill of Rights that shall not be named by liberals. For more than 200 years, progressives and polite people have avoided acknowledging that following the rights of free speech, free exercise of religion and free assembly, there is “the right of the people to keep and bear arms.” Continue reading ‘A Liberal’s Lament: The NRA Might Be Right After All’
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