There is an interesting case out of Miami where Valerie Jenkins, 56, has been charged with manslaughter after she allegedly handed her husband the gun with which he committed suicide. Robert Jenkins, 51, told her that he wanted to die and, when she threw him the gun, he proceeded to make good on the threat.
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Archive for the 'Lawyering' Category
Florida Wife Charged With Manslaughter For Giving Husband Gun Used in Suicide
Published 1, September 20, 2010 Bizarre , Criminal law , Lawyering , Society 30 CommentsPORTEOUS IMPEACHMENT TRIAL
Published 1, September 17, 2010 Bizarre , Congress , Constitutional Law , Courts , Criminal law , Lawyering , Media , Politics , Society 40 Comments
The Senate trial for United States District Court Judge Thomas Porteous has been suspended for the the Jewish holiday. It will resume on Tuesday.
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PORTEOUS IMPEACHMENT TRIAL — DAY TWO
Published 1, September 14, 2010 Congress , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society , Supreme Court 62 Comments
The second day of the Senate trial for United States District Court Judge Thomas Porteous starts today. The witness list include Lori and Louis Marcotte . . .
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THE PORTEOUS IMPEACHMENT CASE STARTS MONDAY
Published 1, September 12, 2010 Congress , Criminal law , Lawyering , Media , Politics , Society 48 Comments
The Senate trial for United States District Court Judge Thomas Porteous begins Monday morning. I will be therefore out of pocket for the coming week and part of next week. Unfortunately, that means that postings will be extremely limited but I expect the denizens of this blog to post stories as comments in my absence. I will try to post a little each day on the schedule for the trial and maybe even a story to facilitate discussion depending if I have a second in the morning.
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Seattle’s Judge Judy Suspended For Abusive Courtroom Conduct
Published 1, August 20, 2010 Bizarre , Lawyering , Politics , Society 30 Comments
Judge Judith Raub Eiler has been billed Seattle’s Judge Judy — abrasive and grandstanding. Her reviews, however, have become increasingly harsh from her colleagues who suspended her for her abusive treatment of lawyers and parties.
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Lawyer Gets $6 Million After Colleague Falls On Her On Dance Floor
Published 1, August 19, 2010 International , Lawyering , Society , Torts 12 Comments
A Vancouver lawyer has secured a remarkably large award of $6 million for injuries sustained when a colleague at the law firm of Alexander Holburn Beaudin & Lang LLP fell back on her while dancing. What is striking is that Michelle Marie Danicek, 32 was able to get full payment for her future earnings as a lawyer in the case.
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I am getting a lot of emails on the location of the “buzzing bush” that I mentioned this week in remarks at the ABA Convention in San Francisco. I mentioned that some courts have banned cellphones entirely — a practice that I oppose. This has led attorneys in one court to leave their cellphones secreted in a bush outside the door of the court which continually buzzes. While Moses has the burning bush, spectators encounter the buzzing bush outside of the Eastern District of Virginia.
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Sherrod To Sue Breitbart
Published 1, July 29, 2010 Constitutional Law , Lawyering , Media , Politics , Society , Torts 227 CommentsD.C. Judge Hits NLJ With Prior Restraint Order
Published 1, July 28, 2010 Bizarre , Constitutional Law , Courts , Lawyering , Media 38 Comments
There is a major first amendment case brewing in Washington, D.C. The National Law Journal was hit with a temporary restraining order from D.C. Superior Court Judge Judith Bartnoff preventing it from publishing facts that its journalists found in publicly available documents. The court blocked the NLJ from revealing the name of a government agency investigating POM Wonderful, a pomegranate juice maker. After signing what appears to be an unconstitutional order, Bartnoff is quoted as saying “If I am throwing 80 years of First Amendment jurisprudence on its head, so be it.”
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Blagojevich’s Lawyer Vows to Go To Jail Over Closing Argument
Published 1, July 27, 2010 Bizarre , Criminal law , Lawyering , Politics 30 Comments
Sam Adam Jr. is under a threat of jail from Judge James B. Zagel in the trial of former Illinois Governor Rod Blagojevich. Zagel has ruled that Adam cannot refer to witnesses whom the government conspicuously did not call to trial — even though prosecutors referred to non-appearing witnesses. Adam said he was prepared to go to jail over the issue.
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Iran Set to Stone Woman To Death — After Giving Her 99 Lashes — For Adultery
Published 1, July 6, 2010 Bizarre , Constitutional Law , Criminal law , International , Lawyering , Politics , Religion 60 Comments
We often run Iranian blogs to show clown-like policies such as requiring Islamic haircuts or mannequin mascetomies. However, it is important to remember the plight of women and dissidents under Iran’s medieval Sharia system. There is no more frightening example than the scheduled stoning of Sakineh Mohammadi Ashtiani, 43, for conducting an “illicit relationship outside marriage.” Convicted in May 2006, Ashtiani has already been given 99 lashes under her Sharia sentence.
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Illinois Lawyer Suspended For Calling Judge a “Narcissistic, Maniacal Mental Case”
Published 1, July 2, 2010 Bizarre , Courts , Lawyering 28 Comments
Melvin Hoffman, an Illinois lawyer with 35 years of experience, has been hit with a six-month suspension by the Illinois Attorney Registration and Disciplinary Commission for calling Judge Patrick Murphy a “narcissistic, maniacal mental case” in a telephone conference call on a family law matter.
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Supreme Court Rules In Favor Of Expansive Reading of Material Support Law
Published 1, June 22, 2010 Constitutional Law , Courts , International , Lawyering , Politics , Society , Supreme Court 29 Comments
The Supreme Court rejected first amendment claims and upheld a federal law on providing “material support” to foreign terrorist organizations in Holder v. Humanitarian Law Project. The material support law (found in the 1996 Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)) is the darling of prosecutors and widely ridiculed by civil libertarians for allowing virtually any act to be classified as material support. The ruling is a victory for Supreme Court nominee Elena Kagan and a loss for civil liberties. Notably, however, even the conservatives on the Court found the interpretation of the Obama Administration to be too extreme.
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The Scarlet Letter: New York Woman Charged With Adultery
Published 1, June 10, 2010 Bizarre , Criminal law , Lawyering , Politics , Society 34 Comments
New York prosecutors have charged a woman with criminal adultery after she was arrested allegedly during a tryst with a man in a public park. Suzanne Corona, 41, is the 13th person charged with adultery in New York since 1972. I have previously written about the unconstitutionality of these laws.
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George Mason Reportedly Settles Rotunda Harassment Lawsuit With No Payment of Damages
Published 1, June 10, 2010 Academics , Bizarre , Lawyering , Society , Torts 5 Comments
Recently we saw how the lawsuit filed by former George Mason Clinical professor Kyndra Rotunda (wife of constitutional law professor Ron Rotunda) against George Mason Law School and Dean Daniel Polsby (left) was largely dismissed by U.S. District Judge Leonie Brinkema. At the time, I expressed doubt that Rotunda would want to go forward to trial on the remaining state counts. Now, it appears that Rotunda has settled the lawsuit without any payment of money. The settlement involves unreported “equitable relief.”
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Overzealous: Chicago Public Defender Arrested After Allegedly Attacking Prosecutor in Courthouse
Published 1, June 8, 2010 Bizarre , Criminal law , Lawyering , Society 7 Comments
Cook County public defender Henry Hams has been criminally charged after police say he choked a prosecutor in a courthouse after a dispute over setting a court date for a post conviction hearing. Continue reading ‘Overzealous: Chicago Public Defender Arrested After Allegedly Attacking Prosecutor in Courthouse’
George Mason Law School Wins Dismissal of Rotunda Sexual Harassment Lawsuit
Published 1, May 25, 2010 Academics , Bizarre , Courts , Lawyering , Society 9 Comments
We have been following the sexual harassment lawsuit filed by former George Mason Clinical professor Kyndra Rotunda (wife of constitutional law professor Ron Rotunda) against George Mason Law School and Dean Daniel Polsby (left). This week, U.S. District Judge Leonie Brinkema not only dismissed the sexual harassment claims against Polsby and the school but barred Rotunda from amending her complaint.
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Obama Official Suggests That Government May Not Process Illegal Immigrants Arrested Under Arizona Law
Published 1, May 23, 2010 Bizarre , Courts , Criminal law , Justice , Lawyering , Politics , Society 9 Comments
The Obama Administration appears close to doing what many thought was unthinkable from a political standpoint: opposing the enforcement of federal law for any illegal immigrants caught in Arizona. That appears to be the suggestion of John Morton, assistant secretary of homeland security for U.S. Immigration and Customs Enforcement in an interview this week.
Texas Lawyer Fires Gun At Census Worker Five Times
Published 1, May 17, 2010 Bizarre , Criminal law , Lawyering , Society 35 Comments
Texas lawyer Carolyn Barnes, 53, allegedly did not want to answer the ten questions on the census form in a big way. She is accused of firing a gun at Kathleen Gittel, a census worker, five times when she came to her door. Barnes has had a rather lengthy history of run-ins with the law and I do not mean as an advocate.
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LawDragon has released the results of its increasingly popular survey of the top lawyers in America. The Top 500 Lawyers includes many familiar names from Carter Phillips to Gerry Spence to Antonin Scalia. I was fortunate to again make the list and appreciate everyone who stuffed the ballot boxes.
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Palsy or Abuse? Disabled Lawyer Accused of Slapping Judge
Published 1, May 12, 2010 Bizarre , Criminal law , Lawyering 12 Comments
A disabled lawyer, Hippocrate Mertsaris, 35, has been criminally charged with sexual abuse and harassment for allegedly slapping a Taxi and Limousine Commission judge on the rear end. His lawyer insists that his client had an involuntary movement due to his cerebral palsy.
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Supreme Monopoly: Kagan’s Nomination Confirms The Lack of Educational Diversity on The Court
Published 1, May 12, 2010 Academics , Bizarre , Congress , Courts , Lawyering , Media , Politics , Society , Supreme Court 31 Comments
Below is today’s column (one of two columns today on the Supreme Court) addressing the troubling exclusion of schools other than Harvard and Yale on the Supreme Court — a type of academic cartel that is damaging to both that institution and our educational and legal systems generally. Click here for the other column in USA Today. Time Magazine also ran a long story on the reliance on graduates from Harvard and Yale, here.
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New York Woman Accused of Stealing Lawyer’s Wallet While Awaiting Arraignment
Published 1, May 6, 2010 Bizarre , Criminal law , Lawyering 6 Comments
In Mineola, New York, Shoma Otto, 23, allegedly wanted a bit more out of legal assistance. She is accused to stealing a lawyer’s wallet while waiting to be arraigned on an earlier theft charge.
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Ohio State Refuses To Supply Counsel for Arrested Student Journalist
Published 1, May 5, 2010 Academics , Bizarre , Constitutional Law , Criminal law , Lawyering , Media , Society 11 Comments
Alex Kotran is a photo-journalist working for the Ohio State Lantern where he is studying. He was on the scene when cows broke out of their pens and roamed around campus. He was promptly arrested for criminal trespass and the Ohio State University is now refusing to supply him with counsel. The school has basically told Kotran that he can wait until the cows come home, but he is on his own.
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Saudi Lawyer To Sue In England Over Danish Cartoons on Behalf of the Descendants of Mohammed
Published 1, April 25, 2010 Bizarre , Constitutional Law , International , Lawyering , Media , Politics , Religion , Society 4 Comments
Muslim lawyers are continuing their campaign against Danish newspapers over those Mohammed cartoons, even after one newspaper, Politiken, apologized to Muslims. Now, in England, they have filed a lawsuit on behalf of 95,000 direct descendants of Mohammad over the cartoons filed in Denmark.
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New Names Emerge On Lengthening “Short List”
Published 1, April 12, 2010 Academics , Constitutional Law , Criminal law , Lawyering , Politics , Society , Supreme Court 26 Comments
White House officials appear to leaking a couple more names as trial balloons for the Supreme Court, including former Georgia Supreme Court Chief Justice Leah Ward Sears and federal appeals court judge Sidney Thomas of Montana. I will be discussing the current crop of possible nominees on MSNBC Hardball, withstanding more pressing news events.
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Westboro and The Need For Congressional Action to Preserve Our Open Courts
Published 1, April 12, 2010 Bizarre , Congress , Courts , Lawyering , Politics , Religion , Society 15 Comments
We previously discussed the Westboro ruling imposing costs on the family of a dead soldier. Here is my column from today on that case and the proposal for legislative reform.
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John Paul Stevens: The Uncalled Shot
Published 1, April 9, 2010 Academics , Congress , Constitutional Law , Courts , Justice , Lawyering , Media , Politics , Society , Supreme Court 23 Comments
Below is today’s column on the retirement of Associate Justice John Paul Stevens.
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Rice Investigating Korn: Feds To Look into Possible Ponzi Scheme After Lawyer Jumps To His Death
Published 1, March 30, 2010 Bizarre , Lawyering , Society 3 Comments
Attorney Jay Korn, 70, jumped to his death last week in Hempstead, New York. After his death, former clients came forward with allegations of a $11 million Ponzi scheme created by Korn.
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Doubting Thomas: Court Appoints Special Investigator To Look Into Alleged Unethical Conduct of Maricopa County Attorney Andrew Thomas
Published 1, March 9, 2010 Courts , Criminal law , Lawyering , Media , Politics 16 Comments
Where Maricopa County Sheriff Joe Arpaio is widely criticized for abuses in office, many of those abuses (including investigating judges who stand up to Arpaio) are only possible with the help of his enabler Maricopa County Attorney Andrew Thomas. Now, Thomas appears to finally be facing a professional review. The Chief Justice of the Arizona Supreme Court has ordered a special investigator to look into his alleged unethical conduct.
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Sue Them All and Let God Sort Them Out: Family Adopts Shotgun Approach to Suing a Wide Variety of Defendants in Child’s Death
Published 1, March 1, 2010 Bizarre , Criminal law , Lawyering , Society 15 Comments
The Kudlis family appears to view litigation as a matter of suing them all and letting God sort them out. The family suffered a terrible loss in the death of 3-year-old Marten Kudlis, who was killed in an accident in front of an ice cream store by Francis Hernandez, 25, an illegal immigrant. Their lawsuit, however, has raised eyebrows over the wide variety of 20-named defendants from the ice cream shop to the city to a car dealer.
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Italian Court Convicts Three Google Executives For The Posting of a School Beating Video
Published 1, February 28, 2010 International , Lawyering , Media , Politics , Society 25 Comments
We have been following the growing threat to free speech in the West through blasphemy and hate crime prosecutions, here. Now, Italian prosecutors in Milan have criminally charged four Google employees after a video was posted by students showing the bullying of an autistic child in late 2006.
Sharpton Pushes For Federal Prosecution After Brooklyn Jury Acquits in Mineo Case
Published 1, February 26, 2010 Criminal law , Justice , Lawyering , Society 4 Comments
Clyde Haberman at the New York Times has an interesting column on the general shift away from bringing civil rights charges when state juries fail to convict in cases on the state level. Al Sharpton is calling on the Obama Administration to try police officers again in the case of Michael Mineo after a Brooklyn jury acquitted three police officers.
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Woman Sentenced to One to Three Years in Jail — After Sending Innocent Man to Prison for Four Years
Published 1, February 26, 2010 Courts , Criminal law , Lawyering , Society 7 Comments
Biurny Peguero Gonzalez allegedly was embarrassed when her friends were berating her for ditching them at a bar. Instead of claiming some urgent call or just telling the truth that she got into a guy’s car, she elected to cry rape. She stuck to her story through a trial and through years of incarceration of William McCaffrey for a rape that he did not commit. She has now been sentenced to three years for perjury — less than the four years that McCaffrey spent in prison.
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Saudi Arabia to Allow Women To Argue Limited Cases and Execute Minor Legal Procedures
Published 1, February 22, 2010 Courts , International , Lawyering , Politics , Religion 1 Comment
While we often follow the painful stories of mistreatment and discrimination against women in Saudi Arabia, there is a story today that shows some progress. The Kingdom is about to release a law that would allow women to argue limited cases in court and even perform some simple legal procedures without a male guardian.
Amy Bishop’s Lawyer Expresses Regret For Calling His Client “A Wacko”
Published 1, February 20, 2010 Bizarre , Criminal law , Lawyering , Media , Society 9 Comments
The defense lawyer for professor Amy Bishop has been under fire from lawyers for surprising statements made shortly after his appointment to represent her. Roy Miller told the press that Bishop was a “wacko” — a statement that he now says “went overboard.”
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Justice Department Declines Punishment for Bush Officials for “Poor Judgment”
Published 1, February 19, 2010 Congress , Constitutional Law , Criminal law , International , Justice , Lawyering , Politics , Society 71 Comments

The Obama Administration continued the tradition of the “Friday night dump” by just releasing the Justice Department report on former Justice officials John Yoo, Jay Bybee and Steven Bradbury. The report is linked below. The Justice Department confirmed that the investigation originally found professional misconduct by Yoo and Bybee, but an unnamed high-ranking official at the Office of Professional Responsibility overruled the finding to avoid any professional action against them. I discussed the story on this segment of Countdown.
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Reid Blasts ABA Over Nevadan Nominee
Published 1, February 12, 2010 Congress , Courts , Lawyering , Politics , Society 19 Comments
Majority Leader Sen. Harry Reid, D-Nev., blasted the American Bar Association over its mixed evaluation of Gloria Navarro, his nominee to the United States District Court. Reid, who has previously relied on ABA ratings in opposing or supporting nominees, told the ABA to “get a new life.”
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Bad Pitch: Weight-Loss Pitchman Trudeau Held In Criminal Contempt
Published 1, February 12, 2010 Bizarre , Courts , Criminal law , Lawyering , Society 11 Comments
United States District Judge Robert Gettleman in Chicago has held infomercial pitchman Kevin Trudeau in contempt after Trudeau encouraged fans to write and call his chambers. The result was clogging the court’s email and phone system. Trudeau is the author of “The Weight Loss Cure ‘They’ Don’t Want You to Know About.”
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LAWDRAGON: VOTE FOR YOUR FAVORITE LAWYERS
Published 1, February 11, 2010 Academics , Lawyering , Media , Society 26 Comments
For many, voting for your favorite lawyers is akin to voting for your favorite parasitic worm, but LawDragon has announced the roughly 3,000 lawyers who made the cut as National Finalists to the annual selection of the top 500 lawyers. I am thankful to have been nominated (here), but the greatest interest is who is also on the list and not on the list of finalists.
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“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.
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Clarence Thomas Defends Recent Ruling on Campaign Finance
Published 1, February 4, 2010 Academics , Constitutional Law , Courts , Justice , Lawyering , Politics , Society 29 Comments
Associate Justice Clarence Thomas appeared to take on President Obama this week in discussing the ruling in Citizens United — contradicting the President’s portrayal in the State of the Union. In my view, the President did overstate the holding (not unheard of in the halls of Congress), but I continue to despair over the increasing public role played by justices (here). In my view, Thomas should not be engaging in such a public debate and should allow these decisions to speak for themselves.
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Houston Judge Resigns After Claims of Bias Against Domestic Abuse Victims
Published 1, February 4, 2010 Courts , Criminal law , Lawyering , Politics , Society 12 Comments
Harris County criminal Court-at-Law Judge Reagan Helm has resigned after protests over his allegedly taunting remarks to victims of domestic violence. Helm, 68, reportedly admitted to suffering from dementia and having “medical issues.” He was accused of extreme bias against women in these cases. In one instance, Helm told men accused of domestic abuse that these women have them “by the balls.”
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O’Keefe Goes Public With Defense on Landrieu Controversy
Published 1, January 30, 2010 Bizarre , Courts , Criminal law , Lawyering , Media , Society 306 Comments
Conservative filmmaker James O’Keefe has gone public with what is likely to be his defense at trial to the felony charge that he entered federal property with “false pretenses for the purpose of committing a felony.”
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Iranian Cleric Calls for Execution of More Protesters As Sanctioned By God
Published 1, January 30, 2010 Constitutional Law , Criminal law , International , Lawyering , Politics , Religion , Society 6 Comments
Leading Iranian Ayatollah Ahmad Jannati used his Friday prayer sermon to celebrate the recent executions of protesters and to call for more executions as the will of God. Jannati explained that the Koran (Qur’an) expressly allows rulers to execute critics.
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Obama Reportedly Orders Justice Department to Consider Alternative Sites for Terror Trial
Published 1, January 29, 2010 Bizarre , Criminal law , Lawyering , Media , Politics , Society 36 Comments
Attorney General Eric Holder suffered an embarrassing setback yesterday when the White House ordered the Justice Department to find another location for the trial of the 9/11 suspects. If true, this would be a troubling intervention of the White House into a pending criminal case and seems to follow political pressure on the venue for the trial.
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China: Missing Reformer Lawyer “Is Where He Should Be” After Alleged Torture By Government
Published 1, January 24, 2010 Criminal law , International , Justice , Lawyering , Politics , Society 12 Comments
Supporters of reformer and lawyer Gao Zhisheng have been trying to confirm rumors that he died after being tortured by the government. In a chilling response, Foreign Ministry spokesman Ma Zhaoxu stated that Gao is “where he should be.”
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The Best and Worst of Legal Commercials
Published 1, January 22, 2010 Bizarre , Criminal law , Lawyering , Media , Society , Torts 4 CommentsTrolman Glaser & Lichtman, a personal injury law firm in New York city has shown that not all legal commercials have to be obnoxious.
New Hampshire Moves Toward Repealing 200-Year-Old Adultery Law
Published 1, January 13, 2010 Constitutional Law , Criminal law , Lawyering , Politics , Religion , Society 4 Comments
New Hampshire appears to be moving toward repealing its 200-Year-Old adultery law. It is obviously long overdue. I have previously written how these laws are clearly unconstitutional, here and here.
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Footnote Filibuster? Obama Re-Nominates Johnsen for OLC
Published 1, January 11, 2010 Congress , Constitutional Law , Lawyering , Politics , Society 10 Comments
President Obama has renominated Indiana Law Professor Dawn Johnsen to head the Justice Department’s Office of Legal Counsel. She is opposed by Republicans over her views on subjects like abortion. Much of the criticism over Johnson focuses on a single footnote in a brief — a further example of how the confirmation process works to winnow out anyone how has ever uttered an interesting or provocative thought.
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Plaintiffs Fight Effort to Limit Reforms in World Bank Protest Trial
Published 1, January 9, 2010 Academics , Constitutional Law , Courts , Criminal law , Lawyering , Media , Politics , Society 3 Comments
Last night, the Plaintiffs in the World Bank/IMF protest case filed our opposition to the summary judgment motion filed by the District in the World Bank/IMF protest case. The District is trying to use a proposed settlement in another case to bar us from seeking more comprehensive reforms (or equitable relief) at the trial in September. As lead co-counsel in the Chang case (with my colleague Daniel Schwartz of Bryan Cave), I am limited in what I can say on the case. However, to reduce calls to my office, I am posting the filings below.
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Lawyer Accuses Federal Judge of Catholic Bias and Misconduct; Judge Hits Lawyer With $110,000 Sanctions
Published 1, January 8, 2010 Bizarre , Lawyering , Media , Politics , Religion , Society 24 Comments
There is an interesting sanction imposed by U.S. District Judge William Zloch against Florida lawyer Loring Spolter for filings accusing him of having religious bias and engaging in potentially criminal conduct. Spolter was hit with $110,000 in sanctions for his filings over the course of 42 months to try to get Zloch to step down from employment cases due to his religious beliefs and those of his clerks. While Spolter accuses Zloch of a Catholic bias, Zloch dismisses his filings as “[c]onjecture and fantasy of this sort are usually scrawled on loose leaf and filed by inmates.”
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Plaintiffs in World Bank Protest Case File for Forensic Expert
Published 1, January 6, 2010 Constitutional Law , Courts , Criminal law , Justice , Lawyering , Media , Society 4 Comments
This week, the Plaintiffs in the World Bank/IMF protest case filed a notice with the Court on the appointment of a forensic expert to investigate the destruction of evidence in the case. As lead counsel in one of the two cases (with my colleague Daniel Schwartz of Bryan Cave), I am limited in what I can say on the case. However, to reduce calls to my office, I am posting the filings below.
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Fur Flies Over Advert: PETA Runs AD With Picture of First Lady Without Permission
Published 1, January 6, 2010 Bizarre , Constitutional Law , Environment , Lawyering , Media , Politics , Society 5 Comments
PETA’s new ad featuring Carrie Underwood, Tyra Banks, Oprah Winfrey and the First Lady bills them as “among the most stylish and influential women in America” who “all refuse to wear real fur.” The First Lady also refuses to make such endorsements. The ad raises questions over the use of celebrity images without consent and possible appropriation of name or likeness in torts.
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Tennessee Judge Reprimanded and Sued For Policy of Forced Drug Tests Based on Courtroom “Hunches”
Published 1, January 5, 2010 Constitutional Law , Courts , Criminal law , Lawyering , Media , Politics , Society 19 Comments
Tennessee General Sessions Judge Durwood Moore has a curious view of the fourth amendment and the doctrine of judicial notice. Moore is the subject of a judicial ethics complaint and lawsuit after he had an observer in his courtroom arrested and forced to do a urinalysis. Moore insisted that this is simply his routine practice when he has “a hunch.”
HAPPY NEW YEAR’S EVE!
Published 1, December 31, 2009 Academics , Bizarre , Congress , Constitutional Law , Courts , Criminal law , Environment , International , Justice , Lawyering , Media , Military , Politics , Religion , Society , Supreme Court 19 CommentsVOTE 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.
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Justice Delayed and Denied: Police Chief Receives Only 6 Months and $20 for Assault of 14-Year-Old Girl
Published 1, December 26, 2009 Bizarre , Constitutional Law , Courts , Criminal law , International , Lawyering , Society 1 Comment
There is a horrible case out of India where a former senior police officer has been able to openly flaunt and manipulate the legal system after molesting a 14-year-old girl. SPS Rathore allegedly used his authority to harass the family of Ruchika Girhotra and obstruct the investigation into the assault of the promising tennis player. Now, the outrage has grown after Rathore was given a mere six months sentence and told to pay 1,000 rupees ($20). Ruckika was not in the court room when Rathore reportedly laughed at the sentence. She committed suicide after years of harassment by the police.
Harlem Hospital Sued After Misdiagnosing Woman With Advanced AIDS, Hepatitis, and Herpes
Published 1, December 23, 2009 Bizarre , Lawyering , Society , Torts 4 Comments
The Harlem Hospital is facing a horrific lawsuit where its staff allegedly misdiagnosed Maria Osorio, 54, as having advanced AIDS as well as hepatitis and herpes. It ruined her marriage and her life until the hospital called to say “opps, you’re perfectly healthy.” She says the hospital never even apologized, but there is still some room for regret. She is suing under negligence and emotional distress. By the way, you will love the explanation of the staff for the later diagnosis of perfect health.
Lawyers Rise Up Against Arpaio and Thomas to Fight For the Rule of Law in Arizona
Published 1, December 22, 2009 Bizarre , Criminal law , Justice , Lawyering , Media , Politics , Society 20 Comments
While many of us have been following the de-evolution of the Arizona law system in Maricopa County recently (here), lawyers are taking to the street to protest against the assault on the rule of law by Maricopa County Attorney Andrew Thomas and Sheriff Joe Arpaio. Hundreds of lawyers took to the street to call for an end of the embarrassing reign of Thomas who has made his office an international mockery. Thomas has joined Arpaio in charging the judge who stood up to the sheriff with three felony counts — bribery, obstructing a criminal investigation, and hindering prosecution.
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Leading Minnesota Lawyer and Bar Official Arrested for Rape of Minor Boy
Published 1, December 22, 2009 Bizarre , Criminal law , Lawyering , Politics , Society 11 Comments
Aaron F. Biber, 46, a leading attorney and former treasurer of the state bar (and a leading candidate for the presidency) has been arrested after giving an underage boy alcohol and raping him. The boy is reportedly mentally handicapped.
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Maricopa County Sheriff Joe Arpaio and Country Attorney Thomas Charge Judge Who Sent Deputy to Jail
Published 1, December 21, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Lawyering , Media , Politics , Society 20 Comments
We have been following the latest controversy of Maricopa County Sheriff Joe Arpaio in his support of a deputy who committed an outrageous act in rifling through the papers of a criminal defense attorney and then removing and copying notes about her client (here). Many questioned the actions of County Attorney Andrew Thomas who has supported Arpaio rather than the rule of law in the matter. Now, Thomas has joined Arpaio in charging the judge who stood up to the sheriff with three felony counts — bribery, obstructing a criminal investigation, and hindering prosecution.
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FLOG THE BLOG: Vote Now or the Orcs Will Inhabit the Blog
Published 1, December 20, 2009 Academics , Bizarre , Congress , Constitutional Law , Courts , Criminal law , Environment , International , Justice , Lawyering , Media , Military , Politics , Religion , Society , Supreme Court , Things That Tick Me Off , Torts 135 Comments
It has come to this. We are facing a 50 vote deficit with ten days left in the battle for the blogoshere. It is time to pull out the video that most captures the moment (as supplied by Mespo). You are not the first to face an overwhelming army with many assuming certain defeat.
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The Divine Referral: Christian Scientists Lobby for Faith Healing To Be Covered As Part of the National Health Care Plan
Published 1, December 19, 2009 Bizarre , Congress , Constitutional Law , Lawyering , Politics , Religion , Society 16 Comments
One of the provisions proposed for the current health care bill has received little attention in the media: mandatory coverage for faith healers. Christian Science advocates are pushing for the inclusion in the bill under a provision barring discrimination against religious based healing. They previously won support from both Republicans and Democrats for the astonishing provision that would require insurance companies to pay religious healers in the same way as radiologists.
Face Off: North Face Sues South Butt in a Trademark Action
Published 1, December 18, 2009 Bizarre , Lawyering , Society , Torts 12 Comments
The North Face Apparel Co. is not amused. Jimmy Winkelmann wanted to make fun of people and companies fueling the market for name brand clothing, so he named his company South Butt, as a parody on North Face. North Face is now suing for trademark infringement. Once again, I am mystified why we have allowed trademark and copyright laws to get so expansive as to make such claims even remotely credible.
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The High-Fiber Legal Diet: Video Shows Robbery Suspect Eating Bank Note
Published 1, December 17, 2009 Bizarre , Criminal law , Justice , Lawyering , Media , Society 13 CommentsThis video belongs in the Hall of Criminal Fame. John H. Ford, 35, was arrested on suspicion of bank robbery. The police grabbed what they thought was the bank robbery note, but put it next to Ford’s mouth on the police cruiser as they cuffed him. He proceeded to eat it.
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Former Lawmaker Convicted of Raping His Daughters Copyrights His Name to Bar Its Use by Daughters and Reporters
Published 1, December 16, 2009 Bizarre , Congress , Constitutional Law , Courts , Criminal law , Lawyering , Media , Politics , Society 16 Comments
Former South Dakota lawmaker Ted Klaudt does not like all of the stories being written about him. Most politicians are delighted with coverage but Klaudt is best known for raping his foster daughters. Klaudt’s solution (after failing to prove innocence) was to copyright his name and demand that newspapers ask his permission to use his name 20 days before any article or face millions in penalties for unauthorized use.
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Friends Don’t Let Friends Deduct: Drunk Driver Allowed to Deduct Cost of Truck Damaged in DUI Violation
Published 1, December 16, 2009 Bizarre , Courts , Criminal law , Lawyering , Society 6 Comments
Finally, an upside to DUI? A judge with the U.S. tax court has ruled that a man who drove drunk and totaled his truck could claim the damage as a write off.
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The Not-So-Speedy Trial: Turkish Trial Ends After 28 Years
Published 1, December 16, 2009 Bizarre , Constitutional Law , Criminal law , International , Lawyering , Military , Politics , Society 4 Comments
We often struggle with speedy trials in the United States, arguing over whether the Sixth Amendment can be honored in 160 days or less. The standard in Turkey appears a bit more flexible where they appear to measure speed in years rather than days. A panel of judges have found 39 people guilty in a trial that began on March 15, 1982 — roughly 28 years ago.
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Justice Minister Calls For Israel to Adopt Torah Law As The Governing Rules for the Nation
Published 1, December 15, 2009 Bizarre , Constitutional Law , Courts , Criminal law , International , Lawyering , Media , Politics , Religion , Society 9 Comments
The application of Sharia law in countries like Saudi Arabia and Iran has supplied this blog with a steady stream of cases involving stonings and censorship. Now, Israel’s Justice Minister Yaacov Neeman wants the country to adopt its own religious book, the Torah, as the basis for the country’s laws.
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You’ve Got Mail . . . A Lot of Mail: 22 Million Missing E-Mails From Bush Administration Found
Published 1, December 14, 2009 Bizarre , Congress , Constitutional Law , Courts , Criminal law , Lawyering , Politics , Society 33 Comments
The Bush Administration repeatedly denied that there were missing emails and later insisted that any emails that were missing could not be found. Now, 22 million missing White House e-mails have been found, according to two public interest groups who reached a settlement over the records. I discussed the issue on this segment of MSNBC Countdown.
Continue reading ‘You’ve Got Mail . . . A Lot of Mail: 22 Million Missing E-Mails From Bush Administration Found’
Anti-Corruption Advocate and Lawyer Dies in Jail — Kremlin Fired Prison Head and Others
Published 1, December 14, 2009 Criminal law , International , Lawyering , Politics , Society 12 Comments
Sergei Magnitsky, 37, was a courageous lawyer who fought the corruption in Russia and went public with his accusations. The result was first his arrest on tax evasion charges and then his death in a Moscow prison. Now, President Dmitry Medvedev has fired the prison head and 19 other officials. However, there will apparently be no investigation into his original arrest or its connection to his allegations against government officials.
Continue reading ‘Anti-Corruption Advocate and Lawyer Dies in Jail — Kremlin Fired Prison Head and Others’
Flog the Blog: A Call to Arms for the Greatest Blogging Generation
Published 1, December 13, 2009 Academics , Bizarre , Congress , Constitutional Law , Courts , Criminal law , Environment , International , Justice , Lawyering , Media , Military , Politics , Religion , Society , Supreme Court , Torts 114 Comments
By last count, we were roughly 25 votes out of first place in the ABA competition. Twenty-five votes stand between us and ever-lasting glory. Who among us can now claim that we have done enough when we are mocked from across the Internet?
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Nuremberg Revisited: Obama Administration Files To Dismiss Case Against John Yoo
Published 1, December 9, 2009 Bizarre , Congress , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Politics , Society 177 Comments
John Yoo is being defended in court this month by the Administration. Not the Bush Administration. The Obama Administration. As with the lawsuits over electronic surveillance and torture, the Obama administration wants the lawsuit against Yoo dismissed and is defending the right of Justice Department officials to help establish a torture program — an established war crime. I will be discussing the issue on this segment of MSNBC Countdown.
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Oh Canada: Disgraced Pathologist’s Report Led to Woman Losing Son in 1996 Wrongful Conviction
Published 1, December 9, 2009 Bizarre , Constitutional Law , Courts , Criminal law , International , Lawyering , Politics , Society 12 Comments
The costs of prosecutorial abuse or invalid convictions are rarely explored in depth by the media (here). Canada has one case that everyone should read. As with some recent scandals involving incompetent forensic prosecution experts in the United States, Canada is dealing with the legacy of disgraced forensic pathologist Charles Smith, who sent people to jail with flawed science and false conclusions. However, few are so unsettling as what happened to Sherry Sherret-Robinson, 34.
Judge Denies Motion as “Incredibly Asinine, Ill-Conceived, Unfounded and Personally and Professionally Insulting”
Published 1, December 7, 2009 Bizarre , Courts , Lawyering , Society , Torts 9 Comments
District Court Judge William Pattinson was a bit subtle but methinks he does not like this motion for venue change. The judge denied the motion after saying it was “so incredibly asinine, ill-conceived, unfounded and personally and professionally insulting that it is unworthy of any discussion or consideration.” Yikes.
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We Few, We Happy Few . . .
Published 1, December 6, 2009 Academics , Bizarre , Constitutional Law , Courts , Criminal law , Environment , International , Justice , Lawyering , Media , Military , Politics , Religion , Society , Supreme Court 50 Comments
The voting continues with the ABA. Some would say that we are outmatched in second place with 66 votes to The Legal Satyricon with 106. But every great movie from Rocky to Star Wars has the underdog struggling before a thrilling victory. Yea, that’s us. Part Rocky, Part Jedi. Worse yet, that means a planet will be destroyed (who needs to threaten kittens) if we lose. By the way, the low numbers over all are the result of a weirdly rigid and awkward voting system. The result is that it suppresses the votes overall and requires people to go through a couple of steps. Below is your weekly inspiration to get the vote out.
Continue reading ‘We Few, We Happy Few . . .’
Sporkin Report Finds the Destruction of Evidence in World Bank Case Was Presumptively Neither Innocent Nor Accidental
Published 1, December 5, 2009 Constitutional Law , Courts , Criminal law , Lawyering , Politics , Society 12 Comments
For those following the World Bank/IMF litigation, the Attorney General of the District of Columbia has been repeatedly referencing the forthcoming report of his adviser, former Judge Stan Sporkin, on the allegations of the destruction of evidence in the case. Judge Sullivan has previously indicated that he is considering a criminal referral and would wait for the Sporkin Report. The District waited until after 6 p.m. on a Friday night to file the report.
Continue reading ‘Sporkin Report Finds the Destruction of Evidence in World Bank Case Was Presumptively Neither Innocent Nor Accidental’
Father Loses Job, Seeks Reduction in Child Support So Florida Judge Increases Payments By $300 and Then Recuses Herself for a Conflict
Published 1, December 3, 2009 Bizarre , Courts , Lawyering , Politics , Society 27 Comments
There is a disturbing case out of Orlando, Florida involving a curious ruling on child support. John Nelson is a father who had lost his six-figure salary as a software executive. Nelson secured a lower paying job as a teacher to support himself and pay his child support. He waited a year to get a hearing before Family law Judge Julian Piggotte to reduce his $2200 monthly payments in light of his lower income. Instead, Piggotte increased the payments and left Nelson with just $200 a month to survive. She then recused herself because her husband works with Nelson’s ex-wife at the state attorney’s office.
Continue reading ‘Father Loses Job, Seeks Reduction in Child Support So Florida Judge Increases Payments By $300 and Then Recuses Herself for a Conflict’
The Sofa of Suspension: Michigan Attorney Suspended Following Criminal Plea and Allegations That He Used a “Couch of Restitution” To Solicit Sex From Clients
Published 1, December 3, 2009 Bizarre , Lawyering , Society 13 Comments
The entertainment world is quite familiar with the “casting couch” where aspiring actresses and actors are expected to grant sexual favors for parts. Now an attorney has been suspended for 180 days after being accused of using a “restitution couch” for clients to pay for legal services with sexual services. Michigan attorney Murdoch Hertzog pleaded guilty to a misdemeanor assault and battery in exchange for dismissal of charges of fourth-degree criminal sexual conduct in 2001. Now, a panel has shown Hertzog the sofa of suspension.
Continue reading ‘The Sofa of Suspension: Michigan Attorney Suspended Following Criminal Plea and Allegations That He Used a “Couch of Restitution” To Solicit Sex From Clients’
No Cases for You: San Diego District Attorney Boycotts Judge
Published 1, December 2, 2009 Bizarre , Courts , Criminal law , Justice , Lawyering , Society 13 Comments
San Diego Superior Court Judge John Einhorn has found a way to reduce his caseload. District Attorney Bonnie Dumanis has told prosecutors to block any criminal cases that go before the judge. Yet, when asked about the boycott, Dumanis insists that Einhorn is a “well-respected jurist” — just a jurist whom she doesn’t want to rule on any criminal case.
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Court Throws Jesus Christ Out of Court as Disruptive
Published 1, December 2, 2009 Bizarre , Courts , Lawyering , Politics , Religion , Society 11 Comments
For those who have fought to introduce religious symbols like the Bible and the Ten Commandments in courthouses in Alabama (here and here), the decision of Judge Clyde Jones could not be more poignant. This week the Birmingham judge literally threw out Jesus Christ from the courtroom. That is the name adopted by Dorothy Lola Killingworth, who appeared as a juror but proceeded to be as disruptive as her namesake in temple market.
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Court Orders Arizona Deputy to Jail After He Refuses to Apologize for Swiping Attorney’s Notes in Court
Published 1, December 2, 2009 Constitutional Law , Courts , Criminal law , Lawyering , Society 33 Comments Officer Adam Stoddard of the Maricopa County Sheriff’s Office has added contempt of court to his prior violation of attorney-client confidentiality. At the urging of his boss, Sheriff Joe Arpaio, Stoddard has refused to apologize to defense attorney Joanne Cuccia after he swiped handwritten notes from her papers — caught in the videotape above. Maricopa County Superior Court Judge Gary Donahoe ordered Stoddard to either apologize or report to jail — a remarkably light sentence. However, Arpaio encouraged his officer to go to jail — just the latest outrageous act by Arpaio who has been widely accused of acting more like a petty dictator than a police officer in Arizona.
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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.
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Iranians Confiscate Nobel Medal and Diploma of Shirin Ebadi
Published 1, November 27, 2009 Bizarre , International , Lawyering , Politics , Society 16 Comments![]()
The Nobel Prize Committee has issued a formal complaint against the Iranian government after the Nobel medal and diploma of human rights activist and lawyer Shirin Ebadi was taken by officials from her bank safety deposit box. Ebadi has been routinely harassed by the Iranian government since she was selected for fighting for the rights of activists, children, and women in the repressive regime.
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Motion to the Court: Kansas Man Charged With Threatening Judge and Witness
Published 1, November 24, 2009 Bizarre , Courts , Criminal law , Lawyering , Society 10 Comments
Michael Sampson, 41, succeeded in turning a minor driving with a suspended license into a charge of threatening a judge and intimidating a witness — all without uttering a word.
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Funeral Director and Missouri Politician Pleads Guilty to Mishandling of Corpses
Published 1, November 21, 2009 Bizarre , Criminal law , Lawyering , Politics , Society 16 Comments
Harold Warren Sr., 77, a Missouri funeral home director has pleaded guilty to intentionally giving three families the wrong cremated remains. This includes leaving a woman’s body in an electrical room for 10 months without embalming or refrigeration. What is interesting is that Circuit Judge Gary Oxenhandler indicated that he might not honor the plea bargain for no jail time for Warren, who is a prominent political figure in the area. There are questions of whether the prosecutors cut Warren a remarkably light deal due to his political connections and standing in the community.
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Court: Paranoid Schizophrenic with IQ of 61 and Manic Depression is Eligible for Execution
Published 1, November 20, 2009 Bizarre , Courts , Criminal law , Lawyering , Media , Politics , Society 14 Comments
Donald Giles would appear to have the trifecta of mental incompetence arguments against execution. He is a paranoid schizophrenic with an IQ of 61 and a history of suicide attempts and depression. However, Jefferson County Circuit Judge Martin McDonald has ruled that Giles, 41, may be put to death if the jury so rules in his trial for the 2003 murder and robbery of Charles Goodlett.
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Court Rules Against Arizona Deputy on Swiping Lawyer’s Note — Arpaio To Defy Court
Published 1, November 19, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Lawyering , Politics , Society 31 CommentsThere has been a ruling in the Arizona case where an officer, Officer Adam Stoddard with the Maricopa County Sheriff’s Office is clearly shown on this videotape reading and then swiping the confidential papers of defense attorney Joanne Cuccia in court. Maricopa County Superior Court Judge Gary Donahoe found against Stoddard and ordered him to either apologize or report to jail — a remarkably light sentence. However, his boss is Sheriff Joe Arpaio who has said that his officer will defy the order.
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Detective Offers Conflicting Testimony in World Bank Case
Published 1, November 18, 2009 Constitutional Law , Courts , Criminal law , Lawyering , Politics , Society 8 Comments
This afternoon, the Plaintiffs in the World Bank/IMF protest case filed a notice with the Court of the receipt of an affidavit in the case from a police detective, who contradicts the sworn testimony of former D.C. (and current Philadelphia) Police Chief Charles Ramsey. As lead counsel in one of the two cases (with my colleague Daniel Schwartz of Bryan Cave), I am limited in what I can say on the case. However, to reduce calls to my office, I am posting the filing below.
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Shaming Undermines Justice
Published 1, November 17, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society , Torts , USA Today 22 Comments
Here is today’s column in USA Today on the continuing trend toward shaming or creative punishments.
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“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.
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The Lawyers Who Say Meep! High School Calls Police After Attorney Says Meep to Principal
Published 1, November 14, 2009 Academics , Bizarre , Criminal law , Lawyering , Politics , Society 90 Comments
First there were the Knights Who Say Ni! (below). Now we have the problem of the lawyers who say Meep! After reading the recent publications over the decision of the principal of Danvers High School banning students from saying the word “Meep,” Entertainment lawyer Theodora Michaels decided to act and wrote a letter using the four-letter word to Principal Thomas Murray, who comes across as a high school version of Dean Vernon Wormer from Animal House. She was immediately reported to the police for investigation by the school.
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Bear Necessities of Law: Man Acquitted of Disturbing Bears in San Francisco Zoo
Published 1, November 5, 2009 Bizarre , Courts , Criminal law , Environment , Lawyering , Society , Torts 27 Comments
Kenneth Herron may have picked the wrong cage but apparently the right counsel. Herron was acquitted of “disturbing dangerous animals” on a novel defense by deputy public defender James Conger. Conger argued that the bears were actually not that disturbed when Herron came into their cage after the San Francisco Zoo closed.
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Video: Arizona Officer Swipes Document From Defense File Behind the Back of Defense Counsel in Courtroom
Published 1, November 4, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Lawyering , Society 27 CommentsThis is one of the most incredible videos that I have seen. In the video above, Officer Adam Stoddard with the Maricopa County Sheriff’s Office is clearly shown reading confidential papers of defense attorney Joanne Cuccia while she is addressing the court on behalf of jail inmate Antonio Lozano (accused of fighting with another inmate). He then pulls a sheet from the file on the defense table and gives it to another deputy to be copied.
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HAPPY HALLOWEEN!!! THE 2009 LIST OF SPOOKY TORTS AND SCARY CRIMES
Published 1, October 31, 2009 Bizarre , Criminal law , Lawyering , Society , Torts 27 Comments
Halloween is the favorite holiday for all torts professors and personal injury lawyers. (Indeed, I am convinced it was invented by a personal injury lawyer). Common carrier hay rides, lighting vegetables on fire, handing out foodstuffs without a permit . . . It’s the most litigious day of the year. So, with no further ado, here is this year’s annual Spooky Torts and Crimes list of actual cases from Halloween. Happy Halloween everyone (except those avoiding the holiday due to demon-inspired soul-sucking candy or papal prohibitions).
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Eight Years For Al-Marri: Sleeper Agent Given Low Sentence by Judge Outraged by Abuses of the United States
Published 1, October 30, 2009 Bizarre , Congress , Constitutional Law , Courts , Criminal law , International , Lawyering , Military , Politics , Society 11 Comments
In a potentially important ruling for detainees held by the United States, Illinois U.S. District Judge Michael Mihm rejected prosecution demands and sentenced Qatar native Ali al-Marri to just eight years in jail — with a possible release in less than six years. The reduction from 15 years was expressly tied to the abusive conditions and treatment of al-Marri by the United States while held as an enemy combatant in South Carolina.
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Prosecutor Found in South Carolina Cemetery with Teenaged Stripper
Published 1, October 30, 2009 Bizarre , Criminal law , Lawyering , Society 11 Comments
South Carolina appears to have finally moved beyond the Sanford affair. Deputy assistant attorney general Roland Corning, 66, has been fired after he was stopped in his SUV by police during his lunch break. The problem was that he was found with a stripper, Viagra, and sex toys in a cemetery.
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La Livas Loca: Judge Accepts Jerk Chicken in Lieu of Community Service
Published 1, October 29, 2009 Bizarre , Courts , Criminal law , Lawyering , Society 9 Comments
Associate Judge Robert Livas may be put on a vegan diet. The former prosecutor and former police officer is in hot water over a curious order that he placed for Jamaican-style chicken as part of a plea agreement with Darrius Logan. Logan, 24, pleaded guilty to misdemeanor battery and criminal trespass charges and was sentenced to 100 hours community service. Then things got funky . . . Jamaican-chicken funky . . .
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Ponzi Pampers: Lawyer Accused of Pyramid Scheme Involving Adoptions
Published 1, October 29, 2009 Bizarre , Criminal law , Lawyering , Society 9 Comments
With Bernie Madoff and other crooks, we have become used to Ponzi schemes. However, lawyer Kevin Cohen of Roslyn, New York is accused of a rather unique variation on this criminal theme: a baby Ponzi scheme.
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