Month: October 2011

Federal Judge Dismisses War Powers Challenge By Members of Congress

Soon after the news that Gadhafi had been shot, Judge Reggie Walton issued an opinion dismiss the lawsuit by members of Congress challenging the war powers claim underlying the intervention in the Libyan war without a declaration of Congress. I represent the members in that litigation. The Court declined to rule on the merits of the constitutional claims and instead held that the court does not have jurisdiction to rule on such questions. Despite the timing, the opinion did not turn on the removal of Gadhafi. The opinion is below.
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Does D.C. United’s Charlie Davis Have A Valid Dram Shop Claim?

In my torts class, we discuss the scope and purposes of dram shop laws, which expose bars and other businesses to liability for “over serving” customers who get into car crashes or other types of accidents. Washington now has such a case involving D.C. United’s Charlie Davies who is suing the owners of a local nightclub and the company Red Bull for $20 million. He is claiming that they are responsible for his injuries from a fatal car crash that dashed his hopes for joining the 2010 U.S. World Cup team.
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French “Terrorists” Break Into Texas Court, Wear Sombreros, and Play With Gavel

French terrorists have landed . . . in San Antonio, Texas. That is apparently the concern of local police after arresting French teenagers who broke into a courthouse, put on a judge’s robe, played with a gavel, and ran around the hallways wearing sombreros and drinking beer. The FBI and Homeland Security have been called in to determine whether this could be an act of terrorism.

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Renaissance Man and County Inmate: Father Arrested After Forcing Daughter Into Armored Battle

Freemon Everett Seay, 38, like to punish his child the old-fashioned way . . . around the 15th Century old-fashioned. After Seay’s daughter ran away, he donned armor from the Renaissance period and forced her to do the same. He then forced her into a battle for hours until she was covered in bruises and could barely stand. Vanquished, he let his foe leave the field of battle and she promptly recorded evidence of the alleged abuse for that band of not-so-merry men in the Yelm police department.
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The Truth Police: The Supreme Court Takes Up Stolen Valor

Below is today’s column in The Los Angeles Times on the Supreme Court granting certiorari in the Alvarez case and the constitutionality of the Stolen Valor Act. I have long been a critic of the Stolen Valor Act and supported the decision of the Ninth Circuit to strike down the law. Civil libertarians have good reason to worry.
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Church Under Fire After Three People Die After Being Allegedly Told To Stop AIDS Drugs In Favor Of Prayer

Now, this could make for an interesting torts lawsuit. The Synagogue Church Of All Nations (SCOAN), a Nigerian-led Evangelical Christian church in London, has claimed to have the cure of people with HIV that involves their stopping all medications and praying for a cure. The results, critics say, has been not the promised “miracle” but three deaths.
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Can The “Adult Baby” Sue Senator Coburn?

There is an interesting controversy in Washington where Stanley Thornton Jr., aka “Adult Baby,” has demanded an apology from Sen. Tom Coburn, who Thorton says effectively accused him of fraud when Coburn called for the Social Security Administration to review his qualification for benefits. Thornton was featured on the National Geographic channel reality television show “Taboo.” Thorton lives part of his life as an “adult baby” and collects Social Security disability payments.

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Gingrich: You Cannot Trust Politicians Who Do Not Pray

Recently, I wrote a column in the Washington Post about the increasing use of faith as an issue in the 2012 presidential campaign. In the Western Republican Presidential Debate, the candidates appeared to double down on the use of politicized piety. Rick Santorum reaffirmed that a candidate’s faith was essential to his qualifications. Newt Gingrich, however, used the opportunity to again attack agnostics, atheists, and secularists – saying that you cannot trust any leader who does not pray.
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Tommy or Tammy? California Parents Give Son Hormone Treatment To Delay Puberty To Allow Him To Explore a Female Identity

A lesbian couple in California has triggered a controversy by giving their son hormone blockers to delay his puberty so that he can decided whether to be a girl or a boy. The 11-year-old boy named Tommy could decide to be a Tammy now that he is approaching puberty, but many are questioning the basis for such treatment or the ability of a minor to make such a decision. I am one of them.
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Is “Break” A Racist Term?

I was curious recently about a statement by Ed Schultz, host of MSNBC’s the Ed Show, that Sen. Jim Demint, R-S.C., used racist langauge in his opposition to Obamacare when he said “If we are able to stop Obama on this [health care law], it will be his Waterloo. It will break him.” There are ample reasons to criticize this statements — not the least of which is the notion that we will destroy health care simply to gain a political advantage. However, is “break him” a racist term?
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“Strip Search” Worth 18 or a Lawsuit? Scrabble Competition Rocked By Controversy Over Missing G

The World Scrabble Championship was rocked by controversy this year when Chollapat Itthi-Aree, from Thailand, demanded officials take Ed Martin, an IT consultant from London, to the toilet for a strip search. The contraband was the letter “G”, which went mysteriously missing in the match.
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Did The HMS Edinburgh Just Try To Murder The First Lady?

The Secret Service recently stopped a threat to First Lady Michele Obama during her trip to Cape Town, South Africa while sitting in her five-star hotel. They promptly called authorities to confront the culprit: the HMS Edinburgh. The agents were alarmed that the British war ships had its Sea Dart missiles turned toward the hotel . . . and the First Lady. The Secret Service is infamous for overreacting but this really takes the cake. Of course, no one will be disciplined for such an insulting and moronic objection.
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