Month: January 2014

International, Military, Politics

U.S. Funded Afghan Schools Remain Unoccupied Due To Shoddy Work By Contractors

SchooAFHThe United States continues to pour money into Afghanistan — and not just in those bags of cash that Hamid Karzai has insisted keep being delivered to his office. Billions have disappeared while hundreds of millions have been spent on dubious projects rife with corruption. This week we have an insight into just how shoddy this work is in Afghanistan. The U.S. Agency for International Development paid Afghan firms $17.1 million to build 16 small schools. The contractors ripped off the U.S. and built one school that still cannot occupied due to structural dangers.

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Animals, Criminal law

Allie and the Jets: Illinois Woman Charged With Releasing Alligator At O’Hare

Alexis Prokopchuk, 29ohare-alligatorIn Illinois Alexis T. Prokopchuk, 29, is facing a rather novel criminal charge after security cameras captured her releasing a baby alligator named Allie at O’Hare International Airport in November. If she thought this was an urban alligator simply being released into the wild, she was wrong. She is now charged with animal cruelty and reckless conduct. Notably, both are misdemeanors, which may surprise some that releasing an alligator into an public area is not a felony.

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Congress, Constitutional Law, Courts, Criminal law, Lawyering, Politics, Society, Supreme Court

Supreme Court Takes Up Major Case On The Limits Of Restitution

Supreme CourtToday, the Supreme Court will consider a case that has not attracted national attention but remains in my view one of the most important of the term, a classic “sleeper” case where the legal issues have sweeping potential. The case involves Doyle Randall Paroline, who pleaded guilty in Texas in 2009 to possessing child pornography. He downloaded hundreds of images and two were found to be child pornography dedicating the abuse of Amy. After pleading guilty, Paroline was hit by $3.4 million in restitution damages for Amy even though he had no role in her victimization nine years earlier or any role in the production or distribution of the two photos. The United States Court of Appeals for the Fifth Circuit found that the federal restitution law does not require “proximate causation” — a critical limitation in torts and criminal law that ensures that liability is confined to those parties immediately responsible for injuries. I have criticized the expansion of restitution in this area for years and I spoke with NPR’s On The Media on the case.

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Criminal law, Politics

Former Virginia Governor McDonnell Indicted With Wife For Corruption

220px-Bob_McDonnell_by_Gage_SkidmoreVirginia has been rocked by the indictment of Robert F. “Bob” McDonnell, a former state attorney general and his wife, Maureen, on corruption charges. The couple is accused of accepting loans, gifts, vacations and the use of a private plane from Jonnie Williams Sr., CEO of Star Scientific, a Virginia-based dietary supplement company. Like many in Virginia, I was floored by the sheer size of the gifts that exceeded $140,000. For a person who clearly aspired to national office, it was not just potentially crime but just plain stupid. Yet, I did not view the indictment as overwhelming in the proof of an actual crime due to the lack of any clear use of official power or authority to benefit Williams.

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International, Media, Politics

Affair of State: Hollande’s Popularity Increases In Aftermath Of Affair

220px-V.Dombrovskis_tiekas_ar_Francijas_prezidentu_(8662374471)-cropFrench President Francois Hollande, 59, appears to have finally found an initiative that resonates with the public. While 80 percent to French citizens view him as ineffective and his massive taxation policies have led to both companies and citizens fleeing the country, his polarity has taken small uptick with revelations of his affair with actress Julie Gayet, 41. The affair reportedly sent his long-standing partner Valerie Trierweiler, 49, into a hospital. It certainly captures a difference between U.S. and French politics. Gary Hart was not even married but a brief dockside party with Donna Rice was enough to sink his career.

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Environment, International, Politics, Science

Report: Chinese Pollution Tied To U.S. Exports Is Degrading Air Quality In Western States

300px-Made_in_chinaWe have been following the worsening pollution crisis in China, but a new report shows how the Chinese government’s rejection of basic environmental protections is degrading the environment of the world. Western states, particularly California, are finding their air quality reduced dramatically by Chinese pollution. A recent study documents adds an interesting twist: calculating the percentage of Chinese pollution tied to exports to the United States. It suggests that we are outsourcing industrial productions and getting the resulting pollution from the Western side of the country.

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Academia, Constitutional Law, Free Speech, Media, Politics, Religion, Society

Florida High School Student Expelled After Disclosure Of Work In Porn Industry

Robert-Marucci-TFNJ_0We have previously discussed the increasing discipline of both students and teachers for conduct outside of the schools. Now a case in Central Florida raises a significant free speech issue after a student was kicked out of his high school, Cocoa High School, for working in the porn industry. At first glance, this might appear reasonable but the problem is that Robert Marucci is 18 and therefore allowed to work in the industry. The industry itself is legal. Thus, the school has expelled a student for engaging in lawful conduct that many feel is morally repulsive.

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Bizarre, Congress, Military, Politics

United States Air Force Spends $1 Billion On Software System Now Declared Utter Failure

210px-Seal_of_the_US_Air_Force.svgWe have been discussing how the U.S. military continues to waste billions with little accountability for failed programs or unneeded equipment. This includes tens of billions wasted in our ongoing wars. Much of this waste or lost resources has been covered up by intentional accounting tricks. No one appears to be disciplined, let alone fired, for billions of lost money and over-charges. And the beat goes on. The Senate Armed Services Committee has decided to actually investigate waste and is looking into a failed $1 billion software project for the U.S. Air Force that was implemented by Defense Secretary Leon Panetta. It was scrapped after it was disclosed that we would have to spend an additional $1.1 billion just to fix the unused system.

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Academia, Bizarre, Society

Smartie Heads: School Officials Warn Of The Danger Of Nasal Maggots In Latest School Fad

hqdefaultAs parents, many of us have an ever-expanding list of things to worry about for our children. We can now add “nasal maggots.” That’s right, nasal maggots. School officials are warning parents in Rhode Island that students are snorting Smarties and the latest fad is causing allergic reactions, lung irritations, and potential maggots in the nasal cavities.

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Bizarre, Free Speech, Media, Society

Should Sherman Be Disciplined For Post-Game Rant?

Richard-sherman-618x400I enjoyed the game with the kids last night between the San Francisco 49ers that sent the Seattle Seahawks. That amazing game however was marred by a bizarre rave from cornerback Richard Sherman. Sherman immediately followed the win with a screaming and unhinged rant. The question is whether the Seahawks should be able to discipline Sherman for such a disgraceful performance — just after an equally disgraceful taunting of the 49ers. I would be the first to defend the free speech rights of Sherman to act like a street thug and even diss opposing players like San Francisco receiver Michael Crabtree. However, the Seahawks drew well-deserved praise on this blog for moving against thugs in the stadium in the prior game with the 49ers. How about the thugs on the field? This is not an attack on free speech by the government. The question is whether a company can discipline an employee at work for behaving like a thug. UPDATE: Sherman has been fined by the NFL for his taunting shortly before his outburst on television.

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Criminal law, Lawyering, Society

Michigan Woman Who Made False Rape Claim Is Given Five Year Sentence

article-2326336-19a6ae47000005dc-939_306x423We previously discussed the false rape allegation of Sara Ylen who fabricated a story that two men had entered her home about 80 miles from Detroit and raped her. She also lied about having cancer as a result of the rape. One man, James Grissom, served 10 years because of Ylen lies. She has now been sentenced to 5 years. What is disturbing however is that, as noted in the earlier posting, the role of prosecutors in the case was highly questionable and yet there is no indication of any discipline for those responsible for this case.

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Constitutional Law, Courts, Free Speech, Media, Politics, Society, Torts

Federal Court: Bloggers Have Same First Amendment Rights As Journalists

200px-US-CourtOfAppeals-9thCircuit-Seal.svg-Crystal Cox Blogger -There was an important decision last week in the United States Court of Appeals for the Ninth Circuit in which a panel ruled that bloggers are entitled to the same protections as journalists. The decision is in sharp contrast to the view of Senator Dianne Feinstein and Obama Administration officials who have fought against such protections for bloggers in a new federal shield law. The opinion was handed down on January 17, 2014 in Obsidian Finance Group v. Cox.

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Constitutional Law, Criminal law, Society, Torts

“A Reasonable Mistake”: California Police Ram the Car of Innocent Man And Shot Wildly Into His Car . . . Cleared Of All Charges

davidperdue175px-CA_-_Torrance_PoliceIf you recall, Torrence Police Department was responsible for a shootout with an unarmed innocent man during their search for ex-LAPD officer Christopher Dorner. Surfer David Perdue only survived due to the poor marksmanship of Torrence Brian McGee. The district attorney now cleared that officers and said that they were just in a state of “panic” with a cop-killer on the loose. Of course, I thought officers were trained not to panic, but more importantly, I fail to see any reference to the termination of the officers or even discipline for the attack on Dorner. The coverage does mention that the district attorney cleared the officers without even interviewing the victim or his passenger.

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Academia, Bizarre, International, Politics

Writing, Reading, and Rocketeering: North Korean Cartoon Highlights The Use Of Geometry . . . To Kill Americans

225px-Kim-jong-il_portraityep-the-kid-is-using-his-trusty-protractor-to-calculate-missile-rangesWe have previously seen some hilarious propaganda films coming out of North Korea, including some directed at children. However, Marc Ambinder at the The Week says that he has found yet another classic North Korean cartoon. This one shows children how to use a protractor by showing that it can be useful in killing Americans.

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