Year: 2012

Academia, Courts, Justice, Media, Politics, Society, Uncategorized

What Motivates the 1%?

Submitted by: Mike Spindell, guest blogger

When it comes to standard of living I can’t complain. Between a pension and social security I live comfortably, though definitely without luxury. I have no investments and minimal savings so that I in essence live from check to check, as do most Americans less fortunate. Would I like thousands in the bank, of course? Would I like to travel overseas, as I never have, of course I would. It would also be nice to have a luxury auto that accommodates my long legs, 72” 3D plasma TV and many other accoutrements of our consumer society. I know I’d enjoy them, but frankly I am content with what I have and do not begrudge those with far more material things, savings and income. In this respect I am decidedly a creature of what has been known up to now as the “Middle/Working Class”. It is a vanishing citizen category that I identify with most closely and is gradually through conservative policies being driven down towards underclass status.

In addition, my entire working career was spent dealing with those people who can be roughly characterized in American terms as the “Underclass” due to poverty, race, ethnicity, disability, mental illness, criminality and addiction. I know first hand the depredations suffered by this portion of our citizens and this knowledge via experience, is something not shared by most Americans. My work exposed me to the basic unfairness of our system and I must admit my experiences fill me with rage towards those who lack empathy for the ignored and maltreated. Some say that this disparity is merely the result of lack off effort on their part, or of the natural result of lack of ability. Those that do are basically people ignorant of how the American system works and the fact that the putative “race” towards the top is a fixed affair, in all of its’ aspects. Since this is a legal opinion blog I would be giving its purpose short shrift was I not to mention that inequity of result has been a standard of our legal system since our Country’s inception. With a few exceptions used to demonstrate the opposite, the truth is as Leonard Cohen states so eloquently “Everybody knows the game is rotten”.

To me it is a fact that inequality is inherent in our system. Please indulge me to look at what I find most perplexing in this state of things and why I think it exists. Why does it seem that many people, who have received so much benefit from the fruits of this nation, are so begrudging of having those less fortunate at least live more comfortable lives? Continue reading “What Motivates the 1%?” →

Constitutional Law, Religion, Supreme Court

The Parable Of The Bad Analogy

-Submitted by David Drumm (Nal), Guest Blogger

Bishop William Lori, a representative of the U.S. Conference of Catholic Bishops, testified before the House Oversight and Government Reform Committee that mandating insurance companies cover contraception is like mandating kosher delis serve ham sandwiches. Lori likens the obvious health benefits of not getting pregnant to the claim that “pork is good for you.” Lori calls this the Parable of the Kosher Deli.

Continue reading “The Parable Of The Bad Analogy” →

Uncategorized

French Highest Court Strikes Down Law Criminalizing Denial of Armenian Genocide

Previously we discussed the new French law making it a crime for citizens to deny or minimize the genocide of Armenians by Turks in the early 20th century. It was discussed as part of a worrisome trend of limitations on free speech in the West through blasphemy, hate speech, and discrimination laws. Now the French Supreme Court has shown all of the principle that was so lacking in the government and struck down the law. In so doing, the Supreme Court reaffirmed the French commitment to liberty. To those jurists, I say “Liberté, égalité, fraternité!”

Continue reading “French Highest Court Strikes Down Law Criminalizing Denial of Armenian Genocide” →

Bizarre, International, Religion

Yahweh Or The Highway: Pastor Chased Out Of Town After Failing To Turn Stick Into Snake

A pastor in Ghana learned something that vaudeville performers have known for years: know your audience and know your limits. The pastor of the Seventh Day Revival Judaism of Yahweh church promised villagers that he would turn a walking stick into a snake in the town square. People assembled hours in advance to see Pastor Yaw Saul, 49, perform the miracle last done before an audience of Egyptians by Moses. They soon discovered the pastor was no Moses and the stick was . . . well . . . a stick. The pastor, however, was able to turn a crowd of the faithful into a murderous mob.

Continue reading “Yahweh Or The Highway: Pastor Chased Out Of Town After Failing To Turn Stick Into Snake” →

Bizarre, Media, Politics

The Original Intent Debate Turns To James Madison . . . Jay-Z

As a law professor, I am often called into disputes over the original intent of the Framers — most recently in testimony over the recess appointment clause in the House Judiciary Committee. In the Florida House of Representatives, however, this dispute became particularly intense as Rep. Alan B. Williams and Speaker Dean Cannon disagreed on the specific words and intent behind that legal paragon Jay-Z:

Continue reading “The Original Intent Debate Turns To James Madison . . . Jay-Z” →

Bizarre, Constitutional Law, International, Politics, Society

Karzai Approves Edict Stating Woman Are “Secondary” And Worth Less Than Men

We have previously discussed Afghan President Hamid Karzai stated inclinations toward the Taliban and harsh treatment of women. Karzai now appears to be moving more aggressively to this Sharia-based vision for women — a vision that expressly devalues their worth and endorses beatings by their husbands. This week, Karzai endorsed an edict from the Afghan Ulema Council — Afghanistan’s highest Islamic authority — that women are worth less than men and supporting “Sharia-compliant” beatings of women. That is the model government that we have created with the loss of both our men and women as well as hundreds of billions of dollars. We are still spending billions on the country as it embraces the Taliban and harsh Sharia principles.

Continue reading “Karzai Approves Edict Stating Woman Are “Secondary” And Worth Less Than Men” →

Bizarre, Congress, Criminal law, International, Lawyering, Media, Politics

Mueller: I Can’t Say Whether I Now Can Kill Citizens In The United States Under Obama’s Kill Doctrine

This week we have been discussing Attorney General Eric Holder’s recent speech at Northwestern University Law School detailing the claim of President Barack Obama that he has the right to kill American citizens based on his inherent authority and the ongoing war on terror. I previously wrote a blog and a column on the issue. Those pieces noted that Holder limited his remarks by referring to targeted killing “abroad.” However, I noted that the Administration’s past references to this power are not so limited. Indeed, the only limits stated by the Administration have been self-imposed standards and what Holder calls “due process” — expressly excluding “judicial process.” Now, FBI Director Robert Mueller has entered the fray. On Wednesday Mueller was asked in a congressional hearing whether the current policy would allow the killing of citizens in the United States. Mueller said that he simply did not know whether he could order such an assassination. It was the perfect moment to capture the dangerous ambiguity introduced into our system by this claim of inherent authority. I can understand Mueller deferring to the Attorney General on the meaning of his remarks, but the question was whether Mueller understands that the same power exists within the United States. One would hope that the FBI Director would have a handle on a few details guiding his responsibilities, including whether he can kill citizens without a charge or court order.
Continue reading “Mueller: I Can’t Say Whether I Now Can Kill Citizens In The United States Under Obama’s Kill Doctrine” →

Bizarre, Society

The Navajo Tribe Sues Urban Outfitters Over Use Of The Term “Navajo” and Prints “Evoking” Navajo Patterns

We have another trademark case that raises the question of the scope of our current trademark laws. The Navajo Nation is suing Urban Outfitters is infringing its trademark by using its name and tribal-type patterns on merchandise. The mere use of the word “Navajo” and “Navaho” is considered a trademark violation by the tribe as well as the use of symbols and marks that “evoke the Navajo Indian Tribe’s tribal patterns, including geometric prints and designs fashioned to mimic and resemble Navajo Indian and tribal patterns, prints and designs.”

Continue reading “The Navajo Tribe Sues Urban Outfitters Over Use Of The Term “Navajo” and Prints “Evoking” Navajo Patterns” →

Bizarre, Criminal law, Society

Lack of Harmony: Three-Year-Old Girl Left At Chuck E. Cheese . . . Parents Find Out Watching The 11 O’Clock News

As the father of four, I was struck yesterday with a story out of Harford County, Maryland where a 3-year-old girl named Harmony was left at a Chuck E. Cheese’s and the parents did not realize that their daughter was missing until watching the 11 p.m. news.

Continue reading “Lack of Harmony: Three-Year-Old Girl Left At Chuck E. Cheese . . . Parents Find Out Watching The 11 O’Clock News” →

Bizarre, Criminal law

The Sins of the Father: Hockey Dad Arrested After Blinding Opposing Goalie With Laser

To paraphrase, Sarah Palin: you know the difference between a pit bull and a Hockey Dad? A laser, apparently. In Boston, Joseph Cordes, 42, has been arrested for allegedly sitting in the stands with a laser that he was using to blind the goalie of his daughter’s opposing hockey team. His daughter was playing for Winthrop against Medway-Ashland in the Division 1 preliminary game when a parent spotted him with the laser. He has now been charged with disorderly conduct.

Continue reading “The Sins of the Father: Hockey Dad Arrested After Blinding Opposing Goalie With Laser” →

Constitutional Law, Courts, Criminal law, Free Speech, Media, Politics, Society

Ohio Case Challenges Law Criminalizing “Lies” In Political Campaign

The New York Times has an interesting article on the continuing debate over whether lies are protected under the first amendment — a debate that we discussed earlier in relation to the Supreme Court’s consideration of the constitutionality of the Stolen Valor Act. Mark W. Miller, however, is fighting this issue in a different context — challenging a law that makes it a crime to lie in a political campaign. I have always viewed these laws as inimical to free speech and contrary to the First Amendment. The Supreme Court could resolve the question in the Alvarez case — or reinforce the ability of states to prosecute people for falsehoods utterly in political campaigns.

Continue reading “Ohio Case Challenges Law Criminalizing “Lies” In Political Campaign” →