Archive for the 'Uncategorized' Category

Tennessee Judge Under Fire For Warning Female Lawyers About Professional Dress

taylor_royceCircuit Judge Royce Taylor in Murfreesboro, Tennessee is embroiled in an interesting controversy after he urged female attorneys to dress appropriately in courthouses. It is common for judges to instruct male attorneys on the need to wear jackets, ties, and appropriate shoes. However, for a male judge to write a memo on female dress is a different matter for some. It raises a long-standing issue for attorneys. Male attorneys privately grumble that there appears to be no serious limits on female dress codes while men are called to account before judges.

Continue reading ‘Tennessee Judge Under Fire For Warning Female Lawyers About Professional Dress’

Senators Call For U.S. Intervention In Another War

Graham-080106-18270- 0035President_Barack_ObamaWhile Senators could not be troubled to go to a simple briefing on the NSA warrantless surveillance program and some like South Carolina Republican Sen. Lindsey Graham shrugged off the importance of privacy, the same Senators are demanding the intervention into yet another war in the Middle East. It does not matter that we have major educational and environmental programs being cut for lack of funding. It does not matter that our invasion in Iraq is an ongoing nightmare. We are being told to intervene in a civil war where Sunnis and Shia are carrying out centuries of hatred with atrocities on both sides. Senators want the U.S. to enforce a no-fly zone which would involve direct attacks on Serbian air forces while President Obama has already pledged to directly support rebel forces with arms.

Continue reading ‘Senators Call For U.S. Intervention In Another War’

Today’s Birthday, June 15: The Magna Carta

Submitted by Charlton Stanley (Otteray Scribe), guest blogger

“The democratic aspiration is no mere recent phase in human history . . . It was written in Magna Carta.”

–Franklin Delano Roosevelt, Third Inaugural address (1941)

Magna Carta

Magna Carta

On June 15, in  the year 1215 AD, the King of England was an involuntary “guest” of a group of forty rather angry Barons in a field at Runnymede. After the Barons explained “the facts of life” to him, King John affixed his Seal to a document they called the Magna Carta. In those days, documents were not signed, as is the custom today.  Instead of a signature, the official Seal of the person “signing” was impressed into hot wax poured onto the document.

King John consented to the Baron’s demands, sealing the document in hope of averting a civil war. Ten weeks later, Pope Innocent III proclaimed the Magna Carta document null and void, plunging England into a civil war the King and Barons had hoped to avoid.  Fortunately, for posterity and the law, King John died before Pope Innocent III’s decree became law. He died only 15 months after sealing the Magna Carta.

Although this magnificent document did not solve King John’s immediate problems, it was reissued in multiple copies after his death, and was read to the people throughout England. In fact, when the first English settlers landed on the shores of Colonies around the world, they took their rights with them.

Years later, when the American Colonies decided to break away from control by England, the writers of the Declaration of Independence and new Constitution had the rights first enumerated in the Magna Carta very much in mind.
Continue reading ‘Today’s Birthday, June 15: The Magna Carta’

Surprise Officers Arrest Man For DUI Who Registered 0.000 on Breathalyzer

Surprise_AZ_seal275px-BafometroI am beginning to get an idea of how Surprise, Arizona got its name. Jessie Thornton, 64, was arrested for driving under the influence after he passed a sobriety test. A later breathalyzer registered 0.000. The officer arrested him because his eyes were red. After Thornton explained that he was swimming, the officer was unconvinced and arrested him anyway.

Continue reading ‘Surprise Officers Arrest Man For DUI Who Registered 0.000 on Breathalyzer’

The Security State: It’s Getting Worse For Ordinary Citizens–General Aviation is now Targeted.

Submitted by Charlton Stanley (Otteray Scribe) guest blogger

cbpThis has not gotten much national press….yet. I had been hearing of these events through the aviation grapevine, but did not know for sure it was actually happening until the story of Gabriel Silverstein broke on the AOPA (Aircraft Owners and Pilots Association) news web page. Mr. Silverstein is a New Jersey businessperson who was returning from a business trip to California with his husband. He had filed a flight plan, and landed his Cirrus SR22, a small private aircraft, in Oklahoma for a fuel stop. At that time, he was subjected to a ramp check.  By Federal Air Regulations, a ramp check is supposed to be done only by an FAA official. On a standard ramp check, the pilot has to produce documents showing the airplane is airworthy, is registered, and has the paperwork on board as required under Part 91 of the Federal Air Regulations. The pilot must show his or her pilot’s license and medical certificate.  The Oklahoma ramp check was brief, and he went on his way. He had to stop for fuel again in Iowa City. Upon arrival, he went into the FBO (Fixed Base Operator) office to pay for his gas, take a break and file a new flight plan. When he returned to his plane, he found it surrounded by officers, being searched without his permission, and with no explanation. The officers said “Probable Cause” was the K-9 dog had “hit” on the baggage compartment. The officers ordered him to be quiet, and if he asked any more questions, he would spend the rest of the day in the back of a police cruiser in handcuffs.

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CPB stock photo by Gerald L Nino
CPB captions this as being at their Air and Marine Operations Center

One officer handed Mr. Silverstein a business card identifying him as being with the Department of Customs and Border Protection.  Mr. Silverstein says the brown uniforms and shoulder patches he saw that day were identical to the one worn by the officer on the right in this stock CPB photo. On their web page, the CPB identifies this location as being at their Air and Marine Operations Center. I think we can safely assume this is not the main operations room, but only part of the operation.

Geography was not my favorite subject in school, but last time I looked, both Oklahoma and Iowa are a long way from any international border.

More Border Patrol and Homeland Security goodness over the jump, including a video interview with Mr. Silverstein.

Continue reading ‘The Security State: It’s Getting Worse For Ordinary Citizens–General Aviation is now Targeted.’

The First Amendment and Catch 22

Submitted by: Mike Spindell, Guest Blogger

220px-Anthony_Kennedy_official_SCOTUS_portraitIt’s been so long that I can’t really remember when I first started thinking about and supporting freedom of speech. Perhaps it was when I was eight and went to the local library to borrow Sir Walter Scott’s “Ivanhoe”. I was told I could only borrow books from the children’s section. At the time I didn’t see that as a First Amendment Issue, because I still hadn’t learned about the Constitution. However, as the “Fifties” progressed and the issue of banning books and movies heated up, my social studies education caught up with my natural predilections and I became a full supporter of the idea of the rights of free speech, free press and everyone’s right to access information. During the “Fifties” movies were regularly cut down so as not to offend groups such as The Catholic League. The novels of some of the great authors of the Twentieth Century, such as James Joyce, D.H. Lawrence, William Burroughs and Henry Miller were banned in the U.S. as pornography and their shipments confiscated at our borders. Those of us, like myself, who are old enough to have lived through those times understand that the meaning we give to the First Amendment now, was not the same as it was for the first 160 years (or so) of our country. The lesson of this is that in the courts and with the ever changing political scene , we must ever be vigilant to protect our right as a people to say, read and write what we please, providing it doesn’t cause real danger to others. The catch of course in my last sentence, is what exactly “real danger” is and then what too should be the limits of using freedom of speech as a defense? Continue reading ‘The First Amendment and Catch 22′

New Massive Surveillance Program Revealed Of Emails, Photos, and Other Communications Of U.S. Citizens

President_Barack_ObamaIn the wake of the disclosure of a massive surveillance program ordered by the Obama Administration of all calls by all citizens using Verizon, there is a new disclosure of an equally large data-mining operation where the government has seized e-mail, photos and other private communications from some of the biggest Internet companies.  Even in the wake of the attack on the free press and the surveillance of all citizens in the Verizon scandal, Democratic leaders are rallying around Obama in the rejection of the least remnants of principle in the party.  We are now at the tipping point for a free nation as President Obama and leaders like Dianne Feinstein assure citizens that there is nothing to fear in our new fishbowl society.

Continue reading ‘New Massive Surveillance Program Revealed Of Emails, Photos, and Other Communications Of U.S. Citizens’

The Father of Our Country

Submitted by: Mike Spindell, guest blogger

Gilbert_Stuart_Williamstown_Portrait_of_George_WashingtonThe idea for this guest blog came from Anonymously Yours, who has been around at Jonathan Turley’s Blog, for at least as long as I have. We have had an E Mail relationship, offline for many years. He sent me the link that I’ll be basically using and I think his judgment was on the money. The topic is George Washington’s Farewell Address, how prescient our First President was and how much good advice he gave that we should heed today, after the passage of 218 years.

Like every other American child what I learned about George Washington came from school and little else. When I started learning about him and the revolutionary war, it was common when speaking about him to call him “The Father of Our Country”. As the years passed this description has seemingly fallen out of consciousness and we usually only see him referenced wearing a white wig and a tri-corn hat on President’s Day selling cars. Certainly too, as my education progressed through High School and College, the view of Washington as one of our Founding Father’s was diminished as compared to his more glamorous and brilliant cohort among the Founding Fathers, Jefferson, Franklin and Madison. It is easy to see why this change came about. When you think of Washington, most would see the famous portrait I’ve used as a picture above. The portrait shows a prim-mouthed, rather dour man with a wig. History has given us certain personal details like his famous wooden false teeth. History has also supplied a childish, hagiographic mythology that he never told a lie and threw a coin across the Potomac. There is even some debate about his competence as a General. Indeed, the traitor Benedict Arnold is considered by many to be the best military mind on our side during the Revolution.

So when AY sent me his E Mail, I was at first skeptical about the project until I read the link. While in some sense I knew about his Farewell Address in the back of my mind, rereading it and the commentary on it caused me to rethink George Washington. As I see now he was a great man, in a true sense and he at least gave this country a good start. He also made a contribution regarding how he felt this country should comport itself that is relevant today, although certainly not heeded. Let’s explore Washington’s message and see what wisdom we can draw from it today, or should have drawn in the ensuing 218 years since it was written. Continue reading ‘The Father of Our Country’

Zimmerman Loses Key Evidentiary Battle

trayon-martin-picture1tmgunhandsmWe previously discussed the effort of the defense team for George Zimmerman to introduce text messages, pictures, and history showing that Trayvon Martin had a history of discipline and drug problems. Judge Debra Nelson ruled today that most of this evidence would be kept out despite the fact that Zimmerman’s history and prior statements will be likely introduced. Zimmerman is arguing that it was Martin who attacked him and that this evidence shows a troubled teen with an obsession with guns and gangsta culture.

Continue reading ‘Zimmerman Loses Key Evidentiary Battle’

Memorial Day, The Misunderstood Holiday

Submitted by Charlton Stanley (Otteray Scribe), Guest Blogger

Easter Dogwood

View from Tim’s grave at the National Cemetery
Photo by Charlton Stanley (his father)

Friday I was reading another blog, and was stunned and appalled to read this opening line in a post (emphasis mine):

“For most of us, Memorial Day is a joyous occasion. We may think of idyllic, lazy summer days of childhood, whole months away from school. Our greatest concern might well be the inevitable traffic jams created when large groups of people head for the same destination at the same time.”

Many, including the person who wrote the statement above, mistake Veteran’s Day for Memorial Day. The day does not celebrate the veteran. It is a day of remembrance for those who never had a chance to become a veteran. Veteran’s Day is November 11, formerly called Armistice Day.

Memorial Day was originally known as Decoration Day. The exact origin of the custom of decorating the graves of those who gave all in service to the country is shrouded by the mists of time and folklore. Memorial Day became official when General John Logan, national commander of the Grand Army of the Republic, issued his General Order No. 11 on 5 May 1868. The first official Memorial Day observance was 30 May 1868. On that day, flowers were placed on the graves of Union and Confederate soldiers at Arlington National Cemetery.  Every year until 1971, Memorial Day was observed on May 30. In 1971, the National Holiday Act of 1971 was passed, making Memorial Day part of a three-day weekend.  When Memorial Day became just another long weekend with a day off from work, it began to lose its meaning as a day of remembrance and reflection. The VFW’s official proclamation in 2002 stated in part,

“Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed greatly to the general public’s nonchalant observance of Memorial Day.”

In 1999, Senator Dan Inouye introduced a bill to restore the traditional day of observance of Memorial Day back to May 30 instead of “the last Monday in May”. The same year, Representative Gibbons introduced a bill in the house saying the same thing. Both bills were referred to Committee. Every year until his death, Senator Inouye re-introduced the bill. If anyone had the credentials to speak for veterans everywhere, it was Senator Inouye; one of the few members of Congress awarded the Medal of Honor. I hope that one day, Memorial Day will return to the original May 30. Every year that passes, a bit more of the real meaning of the day is lost.

IGTNTLogoRevised-1-2We owe it to the dead to honor their memory. It does not matter the war, the cause, or the politics.  For every one of those marble slabs in the Gardens of Stone, some parent or loved one got that terrible, awful knock on the door.  When I was young, it seemed as if every other house had a gold star in the front window. Those memories are still fresh, even after all those decades. A series has been running on the Daily Kos blog called IGTNT (I Got The News Today). The series honors and remembers those Americans who lost their lives in combat or military operations in the war zone. Their names and pictures are there. Read them and weep for the loved ones left only with memories.

Continue reading ‘Memorial Day, The Misunderstood Holiday’

PBS: Why I Watch But Don’t Contribute: Part Deux

Submitted by: Mike Spindell, guest blogger

432px-PBS_1971_id.svgAbout a year ago I wrote a guest blog titled: PBS: Why I Watch But Don’t Contribute. In it I wrote about the history of PBS and of its’ seminal station WNET Channel 13 in New York. Through the years I’ve been privileged to watch some wonderful television on PBS from great plays to superb documentaries. Much of what PBS and channel 13 supplied to me was culture that was somewhat inaccessible from any other venue. What was so new and novel about the Public Television movement was that it was commercial free and so could greater explore subjects that were verboten in prime time commercial television. It also showed Americans the great programs being produced by the PBS analogue in Great Britain, the BBC. Far from being the “vast wasteland” of commercial TV described by JFK’s FCC head Newton Minnow, PBS showed what a wonderful medium television could be. At the core of this excellence was the fact that there were no sponsors to muzzle production values and dumb down the product.

Originally there was an organization called NET (National Education Television) which merged with New York’s Channel 13 in 1963. It had been operating under various names producing educational television programs that were distributed to various stations around the country. It had originally been funded via a grant from the Ford Foundation to produce educational programs. With the merger in 1963 the philosophy changed drastically in that the aim was to become America’s “Fourth TV Network”. When in 1966 the Ford Foundation began to withdraw funding the Federal Government stepped in.

“In 1966, NET’s viability came into question when the Ford Foundation decided to begin withdrawing financial support because of NET’s continual need for additional funding. In the meantime, the affiliated stations tried to keep the network alive by developing a reliable source of revenue.

The U.S. government intervened and created the Corporation for Public Broadcasting in 1967 to fund the network for the time being. However, the CPB’s intent was to create its own public broadcasting network. The CPB embarked on that course of action because many NET affiliates were alienated by the programming that network offered. These affiliates further felt that NET’s simultaneous production and distribution of programming constituted a conflict of interest.

PBS first began operations in 1969, with NET still producing several shows. However, NET’s refusal to stop airing the critically praised but controversial documentaries led to the decision of both Ford and the CPB to shut the network down. In early 1970, both threatened to cut their funding unless NET merged its operations with Newark, New Jersey public station WNDT-TV. (This did not, however, end the production and distribution of hard-hitting documentaries on public television, since PBS itself continues to distribute and CPB continues to help fund series including Frontline, POV and Independent Lens to this day.)

On Monday, October 5, 1970, the exact day that PBS began broadcasting, NET and WNDT-TV officially completed their merger. NET ceased to operate as a separate network from that point, although some NET-branded programming, such as NET Journal, was part of the PBS schedule for another couple of years before the identity was finally retired. WNDT’s call sign was changed to the present WNET shortly thereafter. Some shows that began on NET, such as Sesame Street, continue to air on PBS today.” http://en.wikipedia.org/wiki/National_Educational_Television

When the government took over the formerly independent WNET the changes were at first unnoticed. However, as is the nature of bureaucracy the independence of content and programming began to be subject to political needs and as a medium, the product became diminished into what can only be seen as TV, that while on occasion is daring and revolutionary, is purposed to support and glorify the corporate state and the elite that runs it. Occasionally, really courageous insightful programs will slip by and air. This though is happening less frequently as outside pressures force self censorship on producers. What follows are current examples of why this is true. Continue reading ‘PBS: Why I Watch But Don’t Contribute: Part Deux’

Eric Holder Should Go!

Submitted by: Mike Spindell, guest blogger

200px-HK_Central_Statue_Square_Legislative_Council_Building_n_Themis_sAbout one year into Barack Obama’s first term as President I began calling the White House demanding that Attorney General Eric Holder should be fired. I was disturbed by the lack of prosecutions and by the trend towards stricter enforcement of the Drug Laws. Clearly this was not the change I envisioned from a Constitutional Law professor, or his Attorney General. I guess my support in the election wasn’t important enough to get The President to hear my plea to rid himself and us, of both Holder and Geithner. Here we are now more than four years later and both of these bozos are still on the job and doing harm to our Constitution and our economy. With the Associated Press eavesdropping scandal we have just the latest contretemps committed by the Justice Department and its hapless leader. Having lived through Attorney General’s John Mitchell and Ed Meese, I understand full well the importance of the position and how if it is filled with the wrong man mischief will arise. Eric Holder is in the tradition of both these men since he too seems nonplussed when it comes to upholding the constitution. This article was in reaction to reading about Holder signing off on the AP probe in Thursday’s Huffington Post, I give credit to them for this story and I will provide links.  Here are six instances of Holder’s using his office to achieve what I see as disastrously wrong actions. Continue reading ‘Eric Holder Should Go!’

The Victim: Drummer Lee Rigby

DrummerLeeRigby.jpg.CROP.rectangle3-largeThe savage murder and mutilation in London by two Muslim men yelling “Allah Akbar” was meant to send a blood-soaked message to England and the world about the treatment of Muslims. The victim was not important to Michael Adebolajo as he paraded before cameras. Yet we owe it to the victim and ourselves not to allow the victim to be an abstraction laying the street. He was a person and his name was Drummer Lee Ridgy, or ‘Riggers” to friends. He was not just a brave soldier but the father of Jack, his two year old son.

Continue reading ‘The Victim: Drummer Lee Rigby’

McDysentery: Study Finds Fast-Food Ice Dirtier Than Toilet Water . . . Researcher Is 12-Year-Old Girl

220px-Tumbler_of_cola_with_ice220px-Toilet_370x580Florida student Jasmine Roberts, 12, has secured the top science prize at her science fair . . . and the disgust (and gratitude) of every adult.  Roberts decided to test the cleanliness of ice at fast food restaurants and compared those findings with the toilet water in the same restaurant. She found the toilet water was cleaner.

Continue reading ‘McDysentery: Study Finds Fast-Food Ice Dirtier Than Toilet Water . . . Researcher Is 12-Year-Old Girl’

From DSM-I to DSM-5 in the Legal System: Mental Illness Issues in the Courtroom

Submitted by Charlton Stanley (Otteray Scribe), guest blogger

Dr. Isaac Ray

Dr. Isaac Ray

The relationship between mental health and the legal system is a turbulent one at best. One major problem is they speak two different languages. For example, insanity is a legal term found nowhere in any psychiatric or psychological diagnostic manual.

There are several key words used commonly by both professions, but which have quite different meanings. The words “validity” and “reliability” are part of the vocabulary of science. To a scientist, the word validity means that a test measures what it claims to measure. When a test is intended to measure depression or anxiety, the user can assume it measures depression and anxiety.

Reliability refers to the repeatability of a test or measurement. If we give the same test to the same subject several times, all the scores will fall within the standard error of measurement 95% of the time.

When an attorney uses the word validity, it means, Binding; possessing legal force or strength; legally sufficient.

The legal interpretation of the word reliability suggests the subject matter is trustworthy, and that one can rely on it. However, when a scientist says something is reliable, it means whatever is being tested will get the same results with every retest, within the Standard Error of Measurement.

An examination of the literature of both professions reminds us of the quip attributed to George Bernard Shaw, “[We] are two peoples divided by a common language.”

When I was in graduate school, a well-known attorney gave an invited lecture to the student body. The speaker made several sweeping generalizations about the mentally ill; all of them displaying a stunning ignorance of facts. Then he turned his venom on those in the mental health professions, referring to mental health professionals scornfully as, “Soul doctors.” I would like to say people like him are rare, but they are not. I have known judges who, quite literally, did not believe in mental illness. We had one of those in our area who, mercifully, retired a few years ago.  People like that remind me of those misogynistic knuckle-draggers who don’t believe there is such a thing as rape.

Now, back to the stormy relationship between the legal system and mental illness.

Continue reading ‘From DSM-I to DSM-5 in the Legal System: Mental Illness Issues in the Courtroom’

The Grand Theft Auto Tax: Biden Calls For New Tax On Violent Video Games

225px-joe_biden_official_photo_portrait_2-croppedYesterday, Vice President Joe Biden stated publicly again that he wants violent video games to be taxed and sees “no legal reason” why we should not move forward with a new tax. The story was telling in two respects. First, there is no evidence that such games produce the type of attacks seen at the Boston bombing and school shootings. Yet, this was the first thing that various politicians grabbed to show a response to the killings — besides of course reducing our civil liberties further. Second, Biden again seems intent on fulfilling the stereotype of a liberal politician where the answer to every problem is a tax. There is no discussion of how such a tax would accomplish any economic or public policy objective beyond moving money from people Biden disfavors to people he favors.

Continue reading ‘The Grand Theft Auto Tax: Biden Calls For New Tax On Violent Video Games’

Saudi Man Arrested After Pressure Cooker Found In Luggage

220px-Super_Cocotte_decor_SEB-MGR_Lyon-IMG_9918It appears that there is nothing so unnerving as a Saudi man traveling with a pressure cooker these days. Hussain Al Khawahir was arrested in Detroit after he was found with luggage containing a pressure cooker — the common kitchen appliance used by the Boston Marathon bombers. The question is why the federal authorities are still holding the man who allegedly had a page missing from his passport and found in possession of a kitchen appliance.

Continue reading ‘Saudi Man Arrested After Pressure Cooker Found In Luggage’

Tax Havens For the Wealthy, But What About the Rest of Us?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger

Recently, the ICIJ, better known as the International Consortium of Investigative Journalists released a report detailing hundreds of thousands of off-shore companies whose sole product or service is to hide income from many countries tax authorities.  “A cache of 2.5 million files has cracked open the secrets of more than 120,000 offshore companies and trusts, exposing hidden dealings of politicians, con men and the mega-rich the world over.

The secret records obtained by the International Consortium of Investigative Journalists lay bare the names behind covert companies and private trusts in the British Virgin Islands, the Cook Islands and other offshore hideaways.

They include American doctors and dentists and middle-class Greek villagers as well as families and associates of long-time despots, Wall Street swindlers, Eastern European and Indonesian billionaires, Russian corporate executives, international arms dealers and a sham-director-fronted company that the European Union has labeled as a cog in Iran’s nuclear-development program.” ICIJ.org   Continue reading ‘Tax Havens For the Wealthy, But What About the Rest of Us?’

Criminalizing Mental Illness: Jails, Hospitals, or On the Street?

Submitted by Charlton Stanley (Otteray Scribe) guest blogger

NIMH sealBoP sealWhat is wrong with this picture?  According to figures obtained from the Department of Justice, the National Alliance for the Mentally Ill (NAMI) reports that back in 1999, sixteen percent of the prisoners in State and Federal jails and prisons had a diagnosable major mental illness. These diagnoses include schizophrenia, bipolar disorder, major depressive disorder, or some other mental illness that can be classified as “severe.” Based on the number of known prisoners, this means there were roughly 283,000 persons with severe mental illnesses locked up in Federal and State correctional facilities, and that was 13 years ago. It has gotten worse since then. At the end of 2011, 2,266,800 adults and approximately 71,000 juveniles were incarcerated in Federal and State prisons, and jails.  That is 2,337,800 incarcerated inmates. If the sixteen percent figure holds, and there is no reason to believe it hasn’t, there are now about 374,000 mentally ill inmates in correctional facilities. “Correctional facility” is an oxymoron when it comes to providing treatment.  According to both law enforcement and mental health groups, the percentage of mentally ill being locked up is growing, not decreasing.

By way of contrast, public psychiatric hospitals have a patient population of 70,000 with similar severe mental illnesses. Want to know something else scary? Thirty percent of those patients are classified as forensic patients. They are awaiting trial, or so in need of treatment the prison system cannot cope with them. This was something I saw when I worked at the Mississippi State Hospital on the forensic unit. We would get prisoners from the State Department of Corrections that could not be managed adequately on the psychiatric unit at the penitentiary. Almost all State and Federal correctional facilities now have special units for the mentally ill, or with mental or physical handicaps. County jails nationwide do not usually provide mental health care at anything more than the most superficial level.

Furthermore, law enforcement officers are increasingly becoming first responders to people with severe mental illnesses in crisis. That is not working out very well for the police or the public, as we have seen in numerous stories reported on this blog. I talk to many sheriffs who are both angry and frustrated their jails are filling up with the mentally ill. They do not have the trained staff or the facilities needed to care for the mentally ill. At the same time, access to mental hospitals is becoming increasingly difficult.

Continue reading ‘Criminalizing Mental Illness: Jails, Hospitals, or On the Street?’

A Sonnet for Mother’s Day by Christina Rossetti

Submitted by Elaine Magliaro, Guest Blogger

I’ll be busy celebrating Mother’s Day with my ninety-five year old mother, my daughter, and granddaughter–and also with my husband and son-in-law.  Happy Mother’s Day to all the mothers who frequent this blog! I’m dedicating the following poem to my dear mother.

Christina_Rossetti_3

A Poem by Christina Rossetti

Sonnets are full of love, and this my tome

Has many sonnets: so here now shall be

One sonnet more, a love sonnet, from me

To her whose heart is my heart’s quiet home,

To my first Love, my Mother, on whose knee

I learnt love-lore that is not troublesome;

Whose service is my special dignity,

And she my loadstar while I go and come

And so because you love me, and because

I love you, Mother, I have woven a wreath

Of rhymes wherewith to crown your honored name:

In you not fourscore years can dim the flame

Of love, whose blessed glow transcends the laws

Of time and change and mortal life and death.

Continue reading ‘A Sonnet for Mother’s Day by Christina Rossetti’

A Meditation on Fear

Submitted by: Mike Spindell, guest blogger

220px-The_Thinker,_RodinSometimes I’ll be watching something and a thought will occur to me and it will stick in my mind and lead me into a meditation on a more global idea that remains with me as I try to puzzle it out. A train of thought set off this week was a TV program in which a person had to deal with aging and it was clear that their fear of their own mortality that controlled their actions. The program is forgotten and unimportant in this piece, but it did start me spending much time extrapolating the implications from that situation. This represents the rude beginnings of a theory I’ve developed, sans research, on why many people respond the way they do to the world, especially in a sociopolitical sense. Feel free to attack it, because it is merely a product of my tangled thought processes and in truth I don’t even know if it is particularly original, or the result of my synthesis of much I’ve learned and read through the years.

Noticeable human development began at least a million years ago in an apelike creature that was small and relatively weak, considering the predatory creatures that surrounded it. Life was a tricky proposition for that creature and the act of merely staying alive consumed its time. I would think that almost all of its day was spent in a state of fear, causing adrenalin rushes and hyper sensitivity to its environment. Those with the most fear, sensitivity and intelligence survived enough to pass on their genes to the coming generations, thus continuing the evolutionary cycle. As time and evolution passed enormous changes in brain size and other factors turned this fragile being into an omnivore predator that mastered the food chain. Yet still remaining were the instincts of fear and hyper-vigilance, since life even at the top of the food chain remained brutal and short. Those instincts protected us well until a next evolutionary step that took us to a whole new level, leaving us as unquestioned masters of life on this planet. That step is what some are calling a social evolutionary process. When humans began to band together into larger groups their place in the world increased exponentially. This “social evolution” changed the Earth and continues today, but nevertheless we are still primarily ruled by fear and by hyper-vigilance. Let me take you where this thought has led me and perhaps you can show me the flaws in my nascent “theory” and provide me with respite from its repetition in my brain. Continue reading ‘A Meditation on Fear’

Jury Awards Family $20 Million Against Toys R Us For Slide Injury

0b4e4da1fb51e90e300f6a7067001284-3_4_r536_c534200px-Toys_%22R%22_Us_logo.svgToys R Us has vowed to appeal a $20 million verdict in Massachusetts in favor of the family of Robin Aleo who was killed after slamming her head on a concrete pool deck when a 6-foot inflatable pool slide deflated. The major issue in the appeal is likely to be the argument that the slide did not comply with federal safety standards. Toys R Us claims the federal standards were written for solid slides and that inflatable slides did not exist when the regulations were written.

Continue reading ‘Jury Awards Family $20 Million Against Toys R Us For Slide Injury’

You Say You Want a Revolution?

Submitted by: Mike Spindell, guest blogger

Eugène_Delacroix_-_La_liberté_guidant_le_peupleMy opinion of the situation in this country is obviously grim if one looks at the themes I tend to write on. As I see it we are either fast becoming a Corporate Feudal Police State, or already have achieved that dubious distinction. I am in favor of a movement towards reversing this situation. There are some issues that can resonate with most Americans and any movement seeking to reverse the anti-Constitutional trends afoot in the U.S. today must find the means to go beyond the falseness of the Left/Right, Liberal/Conservative ideological inanity. We have a corporate two party system, run by an oligarchic elite, whose base disagreement is how to treat those 99% of us, who in their view are the American Peasantry. The Republican Corporatists in effect believe that the majority of Americans should be left to their own devices, while the Democratic Corporatists mildly look for palliatives that won’t disturb their benefactors who are really in charge. Some may say my viewpoint is a radical one and this is possibly so, though the definitions of “radical” have blurred through the years. In my life I’ve spent a number of years as a political activist in one form or another and as I approach the age of 70, I think that my experiences have taught me much about political activism and the potential dangers it brings to the people at large. Right now I find two issues that frighten me for the sake of the future and how my progeny will experience it. The first is the notion of a coming police state and the second is the prospect of a violent, revolutionary upheaval in reaction to it. In other words I see we the People of the United States being between the proverbial “rock and a hard place”. Continue reading ‘You Say You Want a Revolution?’

Last 15 Rhinos Shot In Mozambique For Their Horns

250px-Diceros_bicornisThe last 15 rhinoceroses have been shot by poachers in Mozambique allegedly with the help of the game rangers hired to protect the rhinoceroses. The rangers are believed to have used the tracking devices on the animals in the Mozambican part of Great Limpopo Transfrontier Park to help poachers locate the animals and cut off their horns.

Continue reading ‘Last 15 Rhinos Shot In Mozambique For Their Horns’

The Future of Privacy, or is the Genie Out of the Bottle for All Time?

Submitted by Charlton Stanley (Otteray Scribe), guest blogger

FAA logoThis story started out in one place and ended somewhere else.  I had been thinking about privacy issues for some time. A friend of mine, a forensic psychologist, like so many professionals, has gone to a (mostly) paperless office. Instead of taking a thick bulky file to court when called on to testify, he takes one dedicated laptop. As all our attorneys and anyone else who has had to testify as an expert knows, if you take your files to court, opposing attorneys are allowed to examine anything brought to the witness stand, such as the contents of a briefcase.  My friend was concerned that he did not want anyone to rummage through his private files and other client files if he brought his regular laptop. So he bought an inexpensive laptop. When he goes to court, he simply downloads the files for that one case, as well as any emails associated with the case. That way he has everything at his fingertips, and counsel opposite can look at everything in that little laptop without compromising privacy or violating HIPAA rules.

A few days ago, he and I were discussing smart phones.  Because of a recent article in the news, the question came up of who owns your cell phone if you use it for business purposes.  Almost everyone I know uses their personal cell phone in relation to their employment. Texting, emails and file storage of all kinds. Suppose the employer is sued, and either the plaintiff or the defense attorney demands all cell phones used in the business be rounded up for evidence in discovery? What does one do in a case where your employer tells you to turn in your personal cell phone, and you may not delete anything, lest you be accused of spoliation of evidence.? Your employer and all the parties are now privy to your personal emails, photos and possibly even all your passwords. Furthermore, you may or may not get your $300+ smart phone back, and if you do, it may take weeks or months.  You may find your memory card gone or erased if you ever do get it back.

That led me to thinking about the broader issue of privacy and new technology, especially regarding drones. Drones have been a hot item in the news recently. There has been as much misinformation as information, and I wanted to set some of the record straight. This story is probably going to scare some people. I must admit, I am a bit nervous about this new technology and the future of privacy myself the more I learn about research projects in the works.

Continue reading ‘The Future of Privacy, or is the Genie Out of the Bottle for All Time?’

“The Sentence” by Anna Akhmatova

Submitted by Elaine Magliaro, Guest Blogger

As this is the last weekend of National Poetry Month, I wanted to share the following video from The Favorite Poem Project. The video was produced and directed by Juanita Anderson.

Continue reading ‘“The Sentence” by Anna Akhmatova’

Health Care, Boston and the Luck of the Draw

Submitted by: Mike Spindell, guest blogger

Asklepios.3I must begin this guest blog with a bit of a confession. When I first started posting on Jonathan’s blog many years ago I found that he had recognized me in one of his end of the year posts. He wrote words to the effect that what he found appealing in my comments was my tendency to reveal much about myself in the course of them. He had seen into the essence of not only my writing style, but also of the way I interpret the world around me. For me it always starts from my personal emotions about an issue and then I work to try to see how my personal experiences can apply to the world around me. It is the key to my empathy, which allows extrapolating my personal experience into a more global view of the world I live in. I imagine that is how it is for most people, but we all live in the isolation of our own consciousness. It is in truth not the best writing style and certainly not the most creative one, but at least limited by my own ability to be self critical, it is the most honest writing that I am capable of producing.

With that caveat in mind, let’s talk about my own health care experiences. I was genetically endowed with the predisposition towards heart disease. Both my parents and many of their siblings died in their early fifties from variations of heart disease. My Mother had perhaps four heart attacks (MI’s) and three strokes. My father had two heart attacks. As a family we were far from wealthy, struggling to maintain ourselves at the lower end of the middle-class, but my father had prescience that kept us from disaster. He always paid for good medical coverage and back then and most importantly medical coverage was affordable. Given my seeing so many medical issues as a boy my families medical insurance made a big impression on me. As a civil servant in New York City in lieu of an adequate salary I was covered by good health insurance and always elected to have the best, most costly plan. Up until the age of 36 this “Cadillac” (to use the current verbiage) plan wasn’t necessary because I seemed to be in good health, although the high blood pressure that kept me out of the Viet Nam draft was a concern to Doctors, but then I rarely needed to see Doctors. Six months after I married though at age 37, I suffered my first massive heart attack. With the help of my wife who nursed me through the recovery I seemed to return to normal. The hospital costs were huge and would have bankrupted me but for my health insurance. As my life progressed I had two more MI’s and then finally Congestive Heart Failure so bad that it led to me being put on an artificial heart device LVAD to keep me alive and finally a heart transplant to give me a new life. http://jonathanturley.org/2012/01/22/from-the-bottom-of-my-new-heart/

Thanks to my Medicare and my secondary health insurance I am alive today and nearing 70 years. My health insurance has probably paid out many millions to keep me alive and I sm grateful for that and in truth very lucky that I chose to be an underpaid Civil Servant.

My personal experience with the health care system came to mind when the Boston Marathon bombing occurred leaving so many victims with dire health care problems, many with loss of limbs. I can remember that day thinking what the costs of these patients treatment would be and how many of them would pay for it, even with the Massachusetts Health Insurance system. You see even though my Heart Transplant was covered, it is estimated that costs to the transplant patient are $30,000 for the first year after the transplant. I can’t cry poverty, but let’s say that those ancillary costs wiped out most of my savings. The loss of a limb and the rehabilitation from it can take many years and is costly. Prosthetics wear out and must be replaced. Depending on ones occupation their income can be adversely affected and their family lives severely disrupted as a consequence. While it is true that thus far some $23 million dollars has been raised purportedly for the victims how far will that money go towards allowing them to return to their normal lives? Given this what are the implications of the response to this particular act of horror in terms of the entire health care debate that is far from settled in this country? Continue reading ‘Health Care, Boston and the Luck of the Draw’

Fed Up With the Fed

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

In the past few weeks, I have written about how the FDIC along with the Bank of England had developed a plan to allow the Big banks to grab depositors funds  in order to bail out those very same big banks.  Since that article was written, I have reviewed just what role the Federal Reserve Bank plays and how can it be improved.  You may remember the role the Federal Reserve played in bailing out the Big Banks during the beginning of the Great Recession.

“As a result of the Government Accountability Office (GAO) audit of the Fed, Senate sponsor Bernie Sanders of Vermont said, “We now know that the Federal Reserve provided more than $16 trillion in total financial assistance to some of the largest financial institutions and corporations in the United States and throughout the world.” Among the investigation’s key findings was that the Fed unilaterally provided trillions of dollars in financial assistance to foreign banks and corporations from South Korea to Scotland. These decisions were all made without the public, media or elected officials’ knowledge, and they would have remained secret without an audit.” Bernie Sanders    Continue reading ‘Fed Up With the Fed’

America’s Broken Legislative System

Submitted by: Mike Spindell, guest blogger

495px-Constitution_of_the_United_States,_page_1Sometimes I feel that among our distinguished crew of guest bloggers and the prodigious output of Professor Turley, that I seem to be “The Doom and Gloom” guest blogger. It seems I’m always looking at the worst side of things, without the counterbalance of positive articles that most everyone else here produces.  This is actually a dichotomy when compared to my personal life. I happen to be one of the luckiest people you can meet and although I’ve suffered my share of life’s tragedies, my outlook is almost always optimistic. Yet when I turn my attention to the condition of this country and the way it is governed, my pessimism overwhelms me intellectually, even as I am predominantly a fairly happy person in my life and thankful for the blessings chance has bestowed upon me.

This past Wednesday I found myself filled with this pessimism, nay total skepticism, that our Country can redirect its downward spiral towards Corporate Feudalism. The catalyst of course was the vote in the Senate killing the proposed gun legislation, 54 to 46 in favor of the legislation. It is no mystery to the reader that the legislation failed, even with a majority voting in favor of it because we have all become familiar with the Senate rules which now inexplicably require 60 votes to move on any legislation. That this particular piece of legislation was defeated wasn’t that important to me. The compromise bill was so watered down as to be neutral, except as an empty gesture towards gun control, upon which in fact it wouldn’t have had any effect upon. I wasn’t bothered by the fact that those 46 who voted against the bill were predominantly Republican, with 4 Democrats. Since the bill represented nothing more than an empty gesture, their votes indicated merely that they were voting in their political interests, which most legislators today tend to do. What bothered me were both Harry Reid and President Obama for their inability to even try to attempt to break up the logjam in Congress via filibuster reform. Perhaps it is the “gloomy” side of me pondering this, but I think that the refusal to move on filibuster reform by the Democrats indicates a reality far more sinister than mere adherence to what is seen to be tradition. Continue reading ‘America’s Broken Legislative System’

What is mental illness? Where is the bright line drawn?

Submitted by Charlton Stanley, guest blogger
(Otteray Scribe)

Image What is mental illness?  It’s a hot topic in the news recently, because of proposed gun control legislation. I saw a photo yesterday of people holding up a huge sign saying, “Keep guns out of the hands of mentally ill.”

There is far more to the demonization of the mentally ill than just the firearms issue. It spills over into the Federal Aviation Administration and the Department of Transportation. It is not just guns; it is airplanes and trucks as well. This brings us to the core question of, “What is mental illness?”  The Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR) is the current handbook for classifying mental disorders.  DSM-V is in the final stages of development and will be published in May 2013. That is only next month.

Continue reading ‘What is mental illness? Where is the bright line drawn?’

Report: Halliburton Subsidiary Received $39.5 Billion For Iraqi War Alone

KBR_Logo250px-Halliburton_logo.svgMany of us who opposed the continuing Iraqi and Afghanistan wars, it has been difficult to imagine how politicians and others in Washington could continue to sacrifice lives and hundreds of billions in these conflicts. Now there is a report giving an insight into just how profitable these wars are for key companies. For just Iraq alone, some $138 billion went to private companies with an army of lobbyists eager to keep the pipeline of cash flowing. What is rarely striking however is that some ten contractors received 52 percent of the funds and one company received $39.5 billion. That company is Houston-based KBR, Inc., which is an extension of its parent, Halliburton Co. in 2007. That of course is Dick Cheney’s firm.

Continue reading ‘Report: Halliburton Subsidiary Received $39.5 Billion For Iraqi War Alone’

Bi-Partisan Support for Bill to Mandate a Higher Capital Requirement for Too Big to Fail Banks

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger

Last week I wrote about a disturbing joint FDIC and Bank of England plan that could allow big banks to grab depositors funds in order to balance their books.  FDIC-BOE  As a follow-up to that discussion, I saw an article discussing a proposed Senate bill that would require our biggest banks to support a higher capital requirement than their smaller counterparts.  The bill in question is co-sponsored by Democratic Senator Sherrod Brown and Republican Senator David Vitter.  I thought it was especially interesting when one of this proposed legislation’s critics seemed to indicate that this legislation is unnecessary because it disregards the role the FDIC plays in protecting depositors accounts.

‘ “I view it as a radical view of how American banks should be restructured that seems to disregard the role of the FDIC coverage, prudential regulation and the totally different structure of the 2013 economy,” Petrou said in an interview.” ‘  Bloomberg   I guess Ms. Petrou didn’t read my article or the various articles before and after mine that discussed the plan that the FDIC made with the Bank of England to completely avoid the FDIC coverage and allow bankers to take depositors funds and replace those funds with stock shares in order to keep the bank afloat.  Or then maybe she did? Continue reading ‘Bi-Partisan Support for Bill to Mandate a Higher Capital Requirement for Too Big to Fail Banks’

The Rise of “Debtors’ Prisons” in the US

PrisonCellSubmitted by Elaine Magliaro, Guest Blogger

In October of 2010, the American Civil Liberties Union published a report titled In for a Penny: The Rise of America’s New Debtors’ Prisons. The ACLU had found that debtors’ prisons were “flourishing” in this country, “more than two decades after the Supreme Court prohibited imprisoning those who are too poor to pay their legal debts.” In 2011, Huffington Post reported that debtors’ prisons were legal in more than one-third of the states in this country. Continue reading ‘The Rise of “Debtors’ Prisons” in the US’

Doing Justice: Will Skilling Walk In Another Case Of Prosecutorial Abuse?

220px-Jeffrey_Skilling_mug_shotDeptofJusticeThe Justice Department has been repeatedly accused of prosecutorial misconduct in high-profile cases for terrorism cases in Detroit to the botched Ted Stevens case to the recent controversy in New Orleans.  Many such allegations involved federal prosecutors not sharing evidence with defense counsel or the court — a long-standing problem for the Justice Department which shows no signs of reform.  Indeed, prior Justice officials accused of abuse can often look forward to promotion. Now, infamous former Enron CEO Jeffrey Skilling may walk free due to alleged federal prosecutorial abuse.  It would be the end of a multimillion dollar prosecution record of the Enron Task Force that resulted in a number of key acquittals, reversals, and the creation of bad precedent for the Justice Department.
Continue reading ‘Doing Justice: Will Skilling Walk In Another Case Of Prosecutorial Abuse?’

Report: $700 Million Missing In $1 Billion Katrina Fund

money_1We have yet another federal program with almost $1 billion missing with little more than a shrug from Congress and the Administration. What is astonishing is that this program only had about $1 billion to start with and over $700 million is missing from a fund that was supposed to be used by homeowners to elevate their homes. Many questioned such programs in funding private homes in high flood areas as well as the lack of controls in handing out hundreds of millions of dollars. Now the government simply says many homeowners simply took the money and ran. HUD Inspector General David Montoya simply says “your guess is as good as mine.” Most of us had hoped that our government would hand out $1 billion on more than a hope and a prayer. We would also had hoped that stealing tens of thousands of dollars would have some consequence for these homeowners.

Continue reading ‘Report: $700 Million Missing In $1 Billion Katrina Fund’

Could the Banksters Grab Your Bank Deposits?

200px-FDIC_2500_sign_by_Matthew_BisanzRespectfully submitted by Lawrence E. Rafferty- Guest Blogger

The recent news about Cyprus banks confiscating depositor’s funds sent chills throughout the financial world here and abroad.  I couldn’t believe that the plan in Cyprus hinged on the idea that the bank could just steal customer’s funds to balance the bank’s books.  I muttered to myself when I read the story that something as crazy as that couldn’t possible happen here in the United States.  Unfortunately, I learned that the plan to pull a Cyprus type grab here was already in the works.  Continue reading ‘Could the Banksters Grab Your Bank Deposits?’

For Easter: A PEEPS® Video and a Poem

Submitted by Elaine Magliaro, Guest Blogger

PEEPS® Store

Continue reading ‘For Easter: A PEEPS® Video and a Poem’

Probable Cause..Black, Latino and Young

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

Much has been written about New York City’s stop and frisk policies, but until now, the evidence of who the police were stopping and why was not a matter of public record.  A recent class action suit has opened the door to learning the true numbers involved as well as the accurate demographics of just who is getting stopped by the NYPD.  “New York police officers testifying before a federal court this week said that racist quotas imposed by ranking officers are behind the police department’s controversial stop-and-frisk program, confirming years of accusations made by civil rights and community advocates that the department’s tactics disproportionately target minorities.  Continue reading ‘Probable Cause..Black, Latino and Young’

KNULF, KNULF: Professor Bans Students From Mentioning “The Shining” In Class

imagesdanny-lloyd-adultAll professors have a pet peeve that can produce stern warning or even requests to leave a classroom. However, Professor Danny Lloyd may have the most unique. In his anatomy and physiology class at a community college, he will flunk anyone who asks about Stanley Kubricks “The Shining.” It turns out that Lloyd played the creepy kid, Danny Torrence, in the movie.

Continue reading ‘KNULF, KNULF: Professor Bans Students From Mentioning “The Shining” In Class’

Facebook Photo Of Child Holding Rifle Leads To Alleged Late Night Raid On New Jersey Home

jerseygun2-225x300Shawn Moore is a certified firearms instructor for the National Rifle Association and a New Jersey hunter education instructor. He was proud of his son for recently passing his hunter’s permit course and posted this picture of his boy in camouflage holding his .22 rifle. A Facebook “friend” saw the picture and reported him to the New Jersey police and Dept. of Children and Families for child endangerment. Moore says that his home was raided, searched, and he was threatened with the loss of custody in response to the complaint.

Continue reading ‘Facebook Photo Of Child Holding Rifle Leads To Alleged Late Night Raid On New Jersey Home’

The NATO 3 and Free Speech

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger

You may recall the demonstrations against the NATO Summit that was taking place in Chicago in May of 2012.  On May 16th, 2012, the Chicago Police Department made a military style raid on an apartment where several demonstrators were staying during the Summit.

“On May 16, 2012, the Chicago Police Department (CPD) conducted a violent midnight preemptive raid of an apartment housing 11 activists. Two of them, it would later be exposed, were actually undercover informants working on behalf of the CPD.  Staying in an apartment in the Bridgeport neighborhood on the south side of Chicago, the activists were in town to protest the North Atlantic Treaty Organization (NATO) Summit, held May 20-21.  The military-style raid led to the eventual charging of three of those activists in the Windy City to protest the NATO Summit with conspiracy to commit acts of domestic terrorism and other related charges – under Illinois’ terrorism statutein the form of a legal bail proffer. It was the first time the law – passed in haste by the Illinois legislature after the Sept. 11, 2001, attacks – had ever been used.”  Truthout   Continue reading ‘The NATO 3 and Free Speech’

“The rich are not like the rest of us”

Submitted by: Mike Spindell, guest blogger

gold-dollar-signOne of America’s greatest novels in my opinion is “The Great Gatsby” and I think many literary critics feel the same. If you’re not familiar with it, the short synopsis is that it is the tale of Jay Gatsby, a mysterious figure of self made wealth who arrives on Long Island’s North Shore, known as the “Gold Coast”, back in the “Roaring Twenties”. His life intertwines with Tom and Daisy Buchanan, a “golden” young couple with inherited wealth and the best social pedigrees. The interplay between these three leads to ultimate tragedy for Gatsby and more than a few other characters swept into the social vortex surrounding the Buchanan’s. On the last page of this magnificently crafted book, by F. Scott Fitzgerald, the narrator Nick runs into Tom and Daisy who are gaily embarking on a trip to Europe after some cataclysmic events of their causing and he says of them:

“They were careless people, Tom and Daisy — they smashed up things and creatures and then retreated back into their money or their vast carelessness or whatever it was that kept them together, and let other people clean up the mess they had made.”
Continue reading ‘“The rich are not like the rest of us”’

The Biden Defense: Virginia Man Charged With Firing Gun Out Home To Scare Off Intruders

150px-shotgunaction225px-joe_biden_official_photo_portrait_2-croppedWe previously discussed the questionable advice of Vice President Joe Biden for people to fire shotguns out of windows to scare off possible intruders. He added “[if] you want to keep someone away from your house, just fire the shotgun through the door.” I suggested that such acts would raise criminal and tort liability issues. There now appears a man who followed the same approach and found himself criminally charged. In Virginia Beach, Trevor Lamont Snowden, 22, is charged with reckless handling of a firearm after fired his gun through a door and out his window to scare off intruders.

Continue reading ‘The Biden Defense: Virginia Man Charged With Firing Gun Out Home To Scare Off Intruders’

Supreme Court Rejects Challenge To Secret Surveillance

President_Barack_Obama

The U.S. Supreme Court

The U.S. Supreme Court

The Supreme Court ruled yesterday and dealt another blow to public interest lawsuits by rejecting the standing of civil liberties groups and citizens to challenge the Obama Administration’s surveillance programs. President Obama has long been criticized for his opposition to such lawsuits and his Justice Department has continued a successful attack on the ability of citizens to challenge the unconstitutional actions of their government in the war on terror. The 5-4 opinion by Justice Samuel A. Alito Jr. insulates such programs from judicial review in yet another narrowing of standing rules.

Continue reading ‘Supreme Court Rejects Challenge To Secret Surveillance’

Cancer-Survivor Child Burned After Hand Sanitizer Reportedly Bursts Into Flames At Hospital

yhst-133607168642863_2247_272910198220px-DancingFlamesA tragic and bizarre accident occurred last Saturday at Doernbecher Children’s Hospital in Portland, Oregon. Ireland Lane, 11, ran from her room in flames and investigators believe that static electricity may have ignited flammable hand sanitizer on the cancer survivor.

Continue reading ‘Cancer-Survivor Child Burned After Hand Sanitizer Reportedly Bursts Into Flames At Hospital’

The Chinese Crawl: Wealthy Businessman Offers Chinese Official Fortune To Swim In River For Twenty Minutes

7202WS1218E-IyangtzeHow standards have changed. First there was Mao’s famous Yangtze River swim where he set a world record by swimming 15 km in 65 min. Now a wealthy Chinese businessman is offering 200,000 yuan [HK$246,000] to get a Chinese official to simply swim for 20 minutes in a river without success. It is not the result of diminishing physical stamina (or propaganda) in China as much as the river in question. Jin Zengmin, chief executive of a Hangzhou eyeglasses retailer, wants Ruian’s environmental protection bureau chief, Bao Zhenmin, to swim in the river in the small-town Ruian, which is virtually solid garbage. He could literally do a crawl on the surface. Not the Australian crawl, mind you, but the Chinese crawl on a surface of refuse.

Continue reading ‘The Chinese Crawl: Wealthy Businessman Offers Chinese Official Fortune To Swim In River For Twenty Minutes’

The Connecticut Effect

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

In the weeks since the school shooting in Newtown, Connecticut, the call for more action in controlling military style guns and large capacity magazines has increased, but as of yet, nothing concrete has been done on the national level.  In fact, the NRA was recently quoted as suggesting that nothing will be done, once the country gets over the “Connecticut Effect”!  “The National Rifle Association will wait until the “Connecticut effect” has subsided to resume its push to weaken the nation’s gun laws, according to a top NRA lobbyist speaking at the NRA’s Wisconsin State Convention this weekend.” Think Progress  Continue reading ‘The Connecticut Effect’

The Anti-Women 22

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Respectfully submitted by Lawrence E. Rafferty(rafflaw)-Guest Blogger

This past week a vote was taken in the United States Senate and it was not a vote to end a filibuster!  The vote that I am referring to was a vote to reauthorize the Violence Against Women Act.(VAWA)  It was noteworthy that the vote actually took place at all, but the results of the vote were especially interesting.  The vote to reauthorize VAWA, which was co-sponsored by Sen. Patrick Leahy,  passed by a 78 to 22 margin.  All 22 votes against the measure were by male Republican members of the Senate. Continue reading ‘The Anti-Women 22′

CNN Cruising Towards Inanity

Submitted by: Mike Spindell, guest blogger

200px-Cnn.svgI must admit that I gave up watching CNN years ago, even before they attempted to become FOX News lite. Originally, as they created the standard for Cable News, they were an informative leader in providing television journalism. Because of their devotion to the news alone, they became the preferred alternative to Broadcast Network News, which at each network had been put under the “Entertainment Division” and thus viewed as a profit center, rather than a public information service. At the beginning and “golden age” of Television Network News, the FCC had mandated that each network was to provide “news” as a public service, in exchange for their license to control a band on the airways. The leader in this was CBS, a network under the aegis of William Paley, who hired war tested Journalists such as Edward R. Murrow and Walter Cronkite. CBS News was independent of the “Entertainment Division” and as a public service wasn’t expected to turn a profit. While it is true that there was an establishment bias on all news programming yet the coverage ranging from Joe McCarthy, to the Civil Rights Movement and to the Viet Nam War informed the public of great issues and brought home the realities through pictures indelibly imprinting horrific images on the public mind. Reactionary elements within the Corporate/Military Plutocracy viewed all of this with alarm. Their continued success depended upon an uninformed public, lulled by jingoistic propaganda and unaware of who really controlled our nation. There was a determination in these elite circles that the network news, the preferred means by which the public was informed on current affairs, must be reined in. William F. Buckley had already created the meme of a “liberal news bias” by this time as an explanation of why his philosophy of the supremacy of the elite was being bought by the general public. Building upon this meme networks were bought out by conservative corporations, news operations were put under the entertainment divisions and the FCC stop requiring news broadcasting as a condition of licensing.

Ted Turner realized that the traditional network news had been reduced in size and homogenized into a rather unpalatable product. He founded CNN under the paradigm of a 24 hour network dedicated solely to examining the news. Following CNN was the entry of Rupert Murdoch and the “tabloidization” of Cable News along with FOX News becoming a propaganda provider for his Conservative views and allies. This was nothing new for Murdoch who bought out the New Post and the Village Voice, turning them both into neo-conservative propaganda operations, sensationalized with gossip and racy pictures. Sadly, in terms of return on investment, it was a winning strategy for cable news as FOX shot to the top of the ratings. CNN the former ratings leader faltered and tried to become “a little” more like Fox News in order to regain their stature. In the process they became a failure as a serious news provider and have become every bit as inane as shows like “Entertainment Tonight”, even in their coverage of “hard” news stories. At this time in our country’s history with so many serious problems that need to be dealt with, CNN has proven not only incapable, but uninterested in providing coverage of issues that affect us all and of which we the public require more information.

Today, as with many Americans who try to be informed, almost all of the “news” I pay attention to comes from the internet. While I occasionally will watch Rachel Maddow and MSNBC coverage of important events, their coverage too seems lacking of content or even intelligent analysis. There are exceptions at MSNBC when they go away from their usual pundit crew to have on original thinkers undaunted by the need to parrot the establishment. Indeed, the first time I became familiar with Jonathan Turley’s work was seeing him on MSNBC. Since this is the case I had to discover something about CNN’s recent coverage from two articles I read in the Huffington Post, one of which made me snort with amusement, while the other just made me shake my head in disgust as to the current state of CNN, as a representative of mainstream Cable News Continue reading ‘CNN Cruising Towards Inanity’

Petraeus: The Problem with Heroic Hagiography

Submitted by: Mike Spindell, guest blogger

DCIA_David_PetraeusThis week I read a story at my favorite investigative journalistic website http://whowhatwhy.com . It concerned the back story about the abrupt fall from grace of CIA Director General David Petraeus, which occurred when it was discovered that his biographer was also his mistress. I’ll provide a link to the story below and a brief synopsis of its conclusions, but it is less the reality of Petraeus’ fall, than the rise of military “heroes” that interests me. A theme that is closely woven into human history since the beginnings of civilization is the myth of the great military leader who rises up to gain command and “saves” the country from evil, external enemies. As the Iraq and Afghanistan wars became a harsh reality of our existence after the trauma of 9/11, one military figure appeared to capture our attention and become invested with the intelligence and the courage to fight our “enemies” and protect the American Way of Life. David Petraeus became that “hero”, was generally given bi-partisan deference and credited with wisdom and talents far beyond his peers. While our governmental system is based on civilian leadership of our military, in the person of the President and his appointees, it seemed that throughout the prosecution of these two ill-starred conflicts the Bush and then Obama administrations deferred to a position of “what would Petraeus do?” Continue reading ‘Petraeus: The Problem with Heroic Hagiography’


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