Month: January 2014

Congress, Constitutional Law, Courts, Politics, Society, Supreme Court

Supreme Court Takes Up Challenge To Obama’s Appointment Authority

Supreme CourtPresident_Barack_ObamaRecently, I testified on the concentration of authority in the Executive Branch and an array of unconstitutional acts committed by President Barack Obama in the circumvention of Congress. For prior columns, click here and here and here and here. One of the key areas discussed in my testimony was the President’s abuse (in my opinion) of his recess appointments power. I have two law review articles out on the issue. See Jonathan Turley, Recess Appointments in the Age of Regulation, 93 Boston University Law Review ___ (2013) and Jonathan Turley, Constitutional Adverse Possession: Recess Appointments and the Role of Historical Practice in Constitutional Interpretation, 2103 Wisconsin Law Review ___ (2013). Now the issue is to be heard today by the Supreme Court in Noel Canning v. NLRB, No. 12-1115.

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Constitutional Law, Politics, Science, Society

Supreme Court Rejects Arizona Appeal of Abortion Restrictions

Supreme CourtThe United States Supreme Court on Monday turned aside Arizona’s appeal to reinstate its law banning most abortions after 20-weeks. In Horne v. Isaacson (13-402), the state asked the Court to review the decision of the United States Court of Appeals for the Ninth Circuit. It declined to do so.

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Academia, Politics, Society

Alabama State University Board Requires New President To Agree Not To Have Lovers Stay At Presidential Mansion For Extended Period

image.aspxThere is a bizarre contract controversy involving the new president Alabama State University, Gwendolyn Boyd. She is entitled to live in the presidential residence, which is pretty standard. What is not standard is the condition placed in her contract by the board: she cannot have lovers stay overnight for any extended period of time. Boyd, you see, is unmarried.

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Courts, Lawyering, Politics, Society

Indianapolis Judge Suspended Pending Possible Removal After Finding Of Dozens Of Violations

-tckbrown25.381458.jpg20061020The Indiana Supreme Court has suspended Marion Superior Judge Kimberly J. Brown pending a decision on final disciplinary action on misconduct charges. The suspension with pay could be followed by an order to remove Brown from the bench after a three-judge panel found clear and convincing evidence against her on 46 out of 47 counts of judicial misconduct. That is quite a record since Brown has yet to finish her first term.

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Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Politics

Whistlebowers Past and Present

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

In recent weeks and months, we have all heard and read the many articles and stories about the whistleblower Edward Snowden and his disclosure of enormous amounts of NSA “secrets”.  His disclosures have exposed what the NSA was really doing, which is spying on practically every American’s metadata online and on the phone.  His disclosures have also put on display what happens to a “whistleblower” in this day and age.  He has been forced to flee his home country and is currently living in exile in Russia.

Just what were his crimes that made him fear for his safety and raised doubts as to whether he would ever be given a fair trial for his alleged disclosures of secret material and programs?  He did what any good American should do and that is expose illegal or immoral governmental activities and allow the American public to decide whether its government is acting legally and fairly. Didn’t he?

You may think his disclosures were an unprecedented example of a citizen uncovering and disclosing government programs designed to, at best, skirt the line of legality by spying on Americans, but you would be wrong. Continue reading “Whistlebowers Past and Present” →

Congress, International, Military, Politics, Society

Perpetual War And America’s Military-Industrial Complex 50 Years After Eisenhower’s Farewell Address

220px-Eisenhower_in_the_Oval_Office220px-B-2_spirit_bombingBelow is my article this weekend in Al Jazaerra on the powerful lobby and industry supporting our various conflicts abroad as well as counterterrorism efforts. I previously testified before Congress on this industry and the government’s inflation of counterterrorism numbers to justify huge domestic budgets at the Justice Department FBI, and other agencies. I wrote the article for the anniversary this month of Eisenhower’s famous Military-Industrial Complex speech.

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Environment, Media, Science, Society

Bayou Corne Sinkhole: An Update on the Louisiana Enviornmental Disaster

Submitted by Charlton Stanley, Guest Blogger

LA Dept of Natural ResourcesI wrote about the Bayou Corne sinkhole in Assumption Parish, Louisiana last September.  This update is to fill our readers in on the latest developments in this ongoing environmental—and human—disaster. Residents have moved away from the area since this monster was discovered on August 3, 2012. At that time it was relatively small, but the 350 people living closest to it were evacuated. At that time, no one knew how big it would grow, but based on the Lake Peigneur experience, the Assumption Parish authorities were taking no chances. From what I am told, the local people did not have to be told twice to leave. They left, because they knew what happened at Lake Peigneur in 1980. Their homes near the sinkhole stand vacant. Those families are environmental refugees. So far, 45 of the 65 families who live there have agreed to sell their properties to Texas Brine.

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Academia, Free Speech, Lawyering, Society

The “Chip” People

By Mark Esposito, Guest Blogger

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Wonderful Gene Wilder With A Grammatically Correct Meme

When I was a young lawyer twenty-five years ago or so, I remember a particularly enlightening client meeting. A 30ish woman had scheduled an appointment to discuss a sexual harassment case against a prominent lawyer in town. Being the new guy at the firm but with some considerable jury trial experience even then, I was asked to sit in while our senior partner met with the client. The client arrived and began a convincing narrative about a sexually charged work place replete with provocative innuendo, being subjected to daily dirty jokes, some pass-by groping in the hallway and even arriving at the office in the morning with an open Penthouse magazine on her desk. Despite complaints to the other partners with nothing of substance being done, she claimed, the client had taken all she could and resigned citing this treatment as the reason. Since the claimed harassment involved a superior and a text-book hostile work environment seemed evident, we were seriously considering taking the case despite what we knew would be a no-holds barred defense.

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Free Speech, International, Media, Politics

U.S. Citizen Released From U.A.E Prison After Conviction For Posting Satire Online

By Darren Smith, Guest Blogger

Emblem of UAEShezanne Cassim of Woodbury, MN returned home from the United Arab Emirates after spending nine months in prison in Dubai for posting a documentary-style video, titled “Ultimate Combat System: The Deadly Satwa Gs,” which is set in the Satwa district of Dubai. It opens with text saying the video is fictional and is not intended to offend. The video pokes fun at Dubai youth who style themselves like “gangstas” and shows fictional “combat” training that includes throwing a sandal and using a mobile phone to call for help. Authorities evidently took great exception to this expression, arrested Cassim and later placed him into a maximum security prison. The arrest took place in April of 2013 and it was months before he and several co-defendants were informed of the charges. A state controlled newspaper stated he was accused of defaming the country’s image abroad. Cassim’s supporters stated he was eventually convicted of violating a 2012 Cybercrimes law prohibiting challenging of authorities.
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Bizarre, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Society

Edward Snowden And The Public Interest Defense: Part 3 – Limiting the Role of The “Public” In The Public Interest Defense

By Mark Esposito, Guest Blogger

This is the third of a multi-part article on the Public Interest Defense and its application to the the Edward Snowden situation. The defense is not recognized in America but other nations have considered this legal mechanism to provide an appropriate way to deflect criminal charges from whistleblowers like Snowden. Part 1 can be found here and  Part 2 can be found here.

snowdenWe found in parts 1 & 2 that the absolute right to a public plebiscite on punishment for political crimes goes back centuries to at least the time of Publius Horatius. We also saw that rulers have used this right to manipulate outcomes to further their own interests in deflecting blame or attacking political opponents. In modern times, the jury has replaced the assembled citizenry but the motivation of rulers to limit or channel the ancient right to their own ends remains. Even in America where the defense doesn’t technically exist but where its cousin, whistleblower protections, do, the urge to rein in messengers of truth remains.

The Public Interest Defense Abroad

Imagine the most influential prosecutor in modern America uttering the following words about the public’s right to understand the secret inner workings of  its government:

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Academia, Criminal law, Free Speech, Media, Politics, Society

North Carolina Professor Under Fire For Disclosing Athletes Who Can Barely Read Or Write

image011326px-University_of_North_Carolina_Tarheels_Interlocking_NC_logo.svgWe have repeatedly discussed the corrosive effect on schools with large sports programs. This influence can be seen in lower academic standards to ethical violations to actual shielding of criminal conduct. Despite such scandals, the blind support for popular football and basketball programs continues with excessive salaries for coaches and the continued use of students for this profitable and popular non-curricular function. Professor Mary Willingham is feeling the full brunt of that distortive and often unhinged support for sport programs. She committed the sin of publishing a study showing lower standards for athletes in money-making teams for the university. The reaction was an array of threats against her life and a university that has disavowed her research after first denying knowing of research that it once supported. The university has now gone into radio silence — adding to the appearance of yet another institution unwilling to address such problems.

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Academia, Constitutional Law, Politics, Religion

York University Orders Teacher To Accommodate Muslim Who Wants No Interaction With Women

Unknown150px-muslim_woman_in_yemenThere is an interesting story out of Canada’s York University and raises the question again with the extent to which business and institutions must accommodate religious values or practices. Professor Paul Grayson at York University was shocked when the university ordered him to allow a graduate student to skip a required part of the curriculum because he did not want any contact with women for religious purposes. He disobeyed the orders of his superiors in refusing the accommodation and could be disciplined for his decision (which was made with the support of his faculty).

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