Month: March 2014

George Washington Law School Ranked 20th In 2014 U.S. News And World Report Survey

150px-gwulogo-1The annual U.S. News and World Report survey is out on law schools and George Washington is ranked 20th. The ranking has become a dominant element in the field with a heavy influence on applications and even alumni giving. In the current downturn in the legal field (with decreases in applications), that influence has only grown.

Continue reading “George Washington Law School Ranked 20th In 2014 U.S. News And World Report Survey”

Pittsburgh Attorney Promises In Ad To “Think Like A Criminal” And Return Felons To Lives Of Crime

article-0-1C1E230600000578-419_634x471We have previously discussed the growing number of legal advertisements that degrade the profession with cheap pitches that would make a used car salesperson blush. That latest example (below) is from Pittsburgh attorney Daniel Muessig. The advertisement is clearly tongue-in-cheek but in the end I find it less than comical. Muessig promises to help felons get back to crime and proclaims that he “think like a criminal.” It fulfills the worst stereotypes of criminal defense lawyers as felons are shown committing crimes and saying “Thanks, Dan.” Muessig may have a skill for thinking like a criminal but he clearly has yet to master the talent of thinking like a lawyer.

Continue reading “Pittsburgh Attorney Promises In Ad To “Think Like A Criminal” And Return Felons To Lives Of Crime”

THE CONSTITUTIONAL TIPPING POINT

220px-US_Capitol_Building_at_night_Jan_2006248px-WhiteHouseSouthFacade.JPGBelow is my column in Sunday’s Los Angeles Times. I recently testified on this issue in three separate hearings before Congress (here and here and here). Last week, President Obama proceeded to add yet another suspension order to the health care law. It is part of a broader array of such unilateral actions that raise disturbing constitutional issues under the Separation of Powers. This goes beyond the usual discretion in “filing in the blanks” or ambiguities of laws. These were not delegated or unanswered questions. These were largely core issues — dates and coverage issues — that were the subject of intense congressional debate. Indeed, in a number of cases, President Obama asked for reforms and was denied the changes by Congress — only to order the very same reforms by executive action. That is why this is not an administrative law but a constitutional law issue in my opinion.

Continue reading “THE CONSTITUTIONAL TIPPING POINT”

“Geauxjudge”: Arkansas Judge Withdraws From Appellate Race After Being Outed As Anonymous Poster

article-charlize8n-5-0307There is an interesting controversy in Arkansas where Circuit Judge Mike Maggio was revealed as an anonymous commenter known as “geauxjudge.” After being outed from online sites, Maggio apologized and withdrew from a race for the appellate court. The controversy however raises the question of whether such comments should be a subject for ethical discipline and whether judges should have the right to comment anonymously on such sites.

Continue reading ““Geauxjudge”: Arkansas Judge Withdraws From Appellate Race After Being Outed As Anonymous Poster”

Censors Censor Censor’s Speech On Censorship

130px-Mao_Zedong_portraitCan you say that five times? Well, not if you are online in China you can’t.

There was a delicious irony to the coverage of a speech by Zhang Chunxian, the party chief of Xinjiang, to journalists. In the authoritarian, one-party state, Chinese leaders speak matter-of-factly about censoring reporters and blocking free speech. In this case, Zhang spoke about the vulnerability of the system of censorship maintained by him and other party bosses. His remarks were then censored by his own censors. Just another day in the worker’s paradise.

Continue reading “Censors Censor Censor’s Speech On Censorship”

Predicting Crime and Criminals — “Minority Report” Or Good Policing?

By Mark Esposito, Weekend Contributor

Caught By Computer? Scotty Patterson
Caught By Computer? Scottie Patterson

Lucky or just good? That’s what police in Madison, Wisconsin are wondering after crime analyst,  Caleb Klebig, successfully predicted the date and time of Scottie T. Patterson’s, 28, latest and last bank heist. Using data from other similar robberies, Klebig estimated that the then unknown Patterson would hit his next bank on a Wednesday or Thursday between 2 and  7 p.m. He narrowed the field of potential targets to five banks in greater Madison. Police staked out the banks and, sure enough, Patterson arrived right on cue at  2:40 p.m. on Wednesday.  Confronted by the seemingly omniscient detectives while exiting the bank with the loot, Patterson made a break for it but was captured behind a nearby shopping center. Continue reading “Predicting Crime and Criminals — “Minority Report” Or Good Policing?”

Time to Clean House at J-PAC?

Joint_POW-MIA_Accounting_Command_seal

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

As the son of a fallen Air Force pilot whose remains were never found, I am sensitive to the plight of family members of servicemen and women whose remains may be recoverable, but yet are still not identified.  There are multiple military and defense department agencies who are responsible for locating and identifying the remains of veterans from World War II, Korea and Vietnam and Cold War missions.

The purpose of this article is to examine the efforts of just one of those agencies.  The Joint Prisoners of War/Missing in Action Accounting Command, or J-PAC, is an example of an agency that is crucial to both locating and identifying remains, but because of bureaucratic constraints, outdated methods and the possible stubbornness of its scientific head, has produced very little results at a very expensive cost to the taxpayers. Continue reading “Time to Clean House at J-PAC?”

The Great Chicken (Alaska) Raid Lays An Egg

By Charlton “Chuck” Stanley, Weekend Contributor

EPALogoA few days ago, there was some good-natured banter in the comments about Chicken, Alaska. Since I have relatives who do gold mining there during the summer months, I followed up with some reading about Chicken. This old gold mining town was founded in 1886. We often hear of something being “in the middle of nowhere.” In this case it’s true. Chicken is a six hour drive northeast of Fairbanks on the Taylor Highway, which goes to Dawson, Yukon.

This is one of the most isolated and difficult to reach communities on the North American continent. The only way in and out is either by the Taylor Highway or a small airstrip. I was surprised to learn that this town of 17 people (6 households and 4 families) was the subject of a raid last fall. The raid was carried out by a black-clad SWAT team in full body armor and armed to the teeth. The eight agents appeared out of nowhere in the tiny town. They were from the Environmental Protection Agency (EPA), on a mission to inspect the water associated with gold mining.

Continue reading “The Great Chicken (Alaska) Raid Lays An Egg”

Washington Supreme Court Rules Citizens Have Right To Privacy In Text Messaging

Submitted by Darren Smith, Weekend Contributor

Text MessagingIn two precedent setting rulings, the Washington Supreme Court expanded the privacy expectation of text messages on both statutory and unlawful search and seizure grounds.

Washington’s Supreme Court Ruled on February 27th the people have a right to privacy in text messages even if the person cannot be certain someone is reading them the court held. In State v. Jonathan Nicholas Roden the defendant asked the court to decide whether Washington’s privacy act protects text messages intercepted by a detective who possessed the intended recipient’s cell phone after a warrantless seizure. In State v. Hinton the court held that a text message conversation was a “Private Affair” protected from warrantless searches as enacted in Article I Section 7 of the Washington Constitution.
Continue reading “Washington Supreme Court Rules Citizens Have Right To Privacy In Text Messaging”

The Height of Hypocrisy: Paralyzed Arkansas Legislator Sponsored Self-Serving Changes to Medicaid Law in His State While Voting Against Medicaid Expansion for the Needy

JoshMillerArkansasSubmitted by Elaine Magliaro, Weekend Contributor

Last week, I wrote a post about Josh Miller (Not All Needy People Are As Deserving As Others), a young Republican state legislator from Heber Springs, Arkansas. Miller, who was paralyzed more than a decade ago in a catastrophic car accident, has been able to live a productive life due to the medical benefits he has received from both Medicare and Medicaid. Yet, this young state senator has spoken out against Medicaid expansion in Arkansas. Some of us find his stance on this issue to be hypocritical.

This past Tuesday, lawmakers in Arkansas voted to continue allowing the state “to use Medicaid dollars to buy private health-care insurance for poorer residents, overcoming resistance from some Republicans who said the program amounted to an endorsement of the Affordable Care Act.” According to the Wall Street Journal, Arkansas became the first state “to offer a ‘private option’ to extend coverage to lower-income residents…” Supporters of the program saw the private option “as a way to accept federal dollars and cut the number of uninsured residents without enlarging Medicaid.”

Continue reading “The Height of Hypocrisy: Paralyzed Arkansas Legislator Sponsored Self-Serving Changes to Medicaid Law in His State While Voting Against Medicaid Expansion for the Needy”

Former Vice-Principal To File Lawsuit Against Catholic Church Over Termination For Gay Marriage

Submitted by Darren Smith, Weekend ContributorEastside Catholic Church Logo

Mark Zmuda announced he is suing Eastside Catholic school and the Seattle Archdioceses for wrongful termination after he legally married his male partner. The case stems from his employment as vice-principal to the school was satisfactory for years and that after he announced he had married his male partner, he was given an ultimatum to divorce his spouse or his employment with the school would be terminated. Mark refused to divorce and was fired.

Employment Attorney, Jeffrey Needle, stated the case is likely to go to the appellate courts and potential the state supreme court for its precedent setting nature. The church counters Mark’s claim, proffering its status as a religious organization which holds tenets that bar gay marriage. However, a recent state supreme court decision might prove difficult for the church to support that position.
Continue reading “Former Vice-Principal To File Lawsuit Against Catholic Church Over Termination For Gay Marriage”

Arizona’s Discrimination License: A Mark Fiore Political Cartoon Video

Submitted by Elaine Magliaro, Weekend Contributor

Mark Fiore said he was thankful that Governor Jan Brewer vetoed Arizona’s “religious freedom” bill last week. If the bill became law, Fiore said, it “would’ve given people carte blanche to discriminate against gay people (and others, for that matter).” Fiore also said what he found most baffling about the whole thing was the existence of a state legislature that would pass such a bill.