Month: May 2014

Swiss Court Rules Nazi Salute Is Not Criminal If Uses Solely To Express Personal Beliefs

220px-Bundesarchiv_Bild_147-0510,_Berlin,_Lustgarten,_Kundgebung_der_HJ360px-Bundesgericht-VDThere is an interesting decision out of Geneva where Switzerland’s Federal Tribunal, their top court, ruled that a Nazi salute is not a criminal gesture if it meant as a personal statement. For Americans, it is a decision that may seem oddly framed since we treat such gestures as clearly protected. However, given the criminalization of Nazi symbols in Germany and France, the ruling is viewed as a more liberal approach to free speech. Even jokes have been criminalizes in England and France.

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“The Relationship People”: Tennessee Man Arrested After Attempting Sex With ATM

lonniehutton220px-ATM_750x1300If money can’t buy love, Lonnie Hutton, 49, appears to have a rather curious second option. The Tennessee man was arrested last week after he walked into The Boro Bar and Grill, dropped his pants and underwear, and tried to have sex with an ATM machine. There is no word on whether the ATM required counseling or who was the lucky person to be the next customer at the machine. He may have taken AmSouth at its word when it advertises that it is “The relationship people.”

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19: Pennsylvania Federal Judge Strikes Down Ban On Same-Sex Marriage

161px-JudgejohnjonesMomentum continues to grow across the country as another federal judge, this time in Pennsylvania, struck down a state ban on same-sex marriage. The decision of U.S. District Judge John E. Jones III brings the number to 19 states where such marriages are now legal. Such court-ordered changes do not necessarily reflect as significant change in public opinion though a recent polls shows a record 55 percent in support of this basic right. Twelve district courts have now struck down such laws. The case is Whitewood v. Wolf, 2014 U.S. Dist. LEXIS 68937 (May 20, 2014) (M.D. Penn.).

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Number 10,233,744 Of Things To Worry About: A Naked Man Leaping Through Your Open Sunroof

0519_sunroof_assault02aA Texas woman can be excused for not seeing this one coming. She was driving in Oak Cliff when a naked man dove head first through her sunroof and assaulted her. Fortunately, a police officer was nearby and Marcus Payne caught the entire scene on camera.

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DeLay: God Wrote The Constitution

300px-god2-sistine_chapelAfter his 2-1 reversal of his conviction for money laundering, Tom DeLay is back raising money for a new campaign: the Josiah Project which seeks to reintroduce faith and morality into politics. In one interview with Matthew Hagee, the son of controversial paster John Hagee, DeLay lamented the lack of morality in Washington and “the Hammer” added a celestial framer to the usual list of Madison, Mason, and others.

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A Question of Power: The Imperial Presidency

President_Barack_ObamaBelow is my column this week in American Legion Magazine which juxtaposed my view of the Obama presidency with the opposing view of William Howell, the Sydney Stein Professor in American Politics at the University of Chicago. Notably, a ranking member of the Administration this week wrote that more executive actions are being planned by the White House. These opposing articles capture the two very different perspectives of the evolving use of executive power in our tripartite system.

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Things That Tick Me Off: Vegas “Resort Fees”

220px-NYNY2010220px-Wi-Fi_Logo.svgYes, it is time for another installment of “Things that Tick Me Off,” the category where I allow myself that chance to vent about something that is so annoying that I must vent to retain my sanity. Over the years, I have complained about the mounting fees on planes and hotels (here and here). A particular pet peeve is the fact that high-end hotels routinely charge for wi-fi while lower priced hotels do not. When I stayed overnight in Vegas, I encountered the latest scam by hotels – a bait and switch made possible by sites like Expedia. I stayed at the New York, New York hotel and it was my first encounter with the “resort charge” for “free wi-fi.” This followed an equally misleading notation about the Renaissance Hotel which not only did not provide free wi-fi in the room but my stay included the “disappearance” of my fitbit watch for good measure. When I travel, I often leave notes for myself in the future and anyone who may be interested. So here it is.

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Connecticut Dentist’s License Is Suspended After Elderly Woman Dies During The Extraction of 20 Teeth In One Session

220px-Dental_office-1The dental license of Dr. Rashmi Patel has been suspended in Enfield Connecticut after a horrific session with Judith Gan, 64, ended in her death. Patel reportedly extracted 20 teeth in one session and Gan became unresponsive and then died.

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Cinema Verité: Ohio Prisoner Convicted Of Copyright Infringement Shown Pirated Movies In Prison

220px-Ride_Along_posterlorciRichard Humphrey, 26, of North Ridgeville, Ohio was sentenced to 29 months in prison for selling pirated copies of movies in 2010. Once in prison, Humphrey was a bit surprised when he sat with other prisonsoners watching clearly pirated movies shown by the state. One can certainly understand his confusion, particularly when it came out that prison officials had knowingly used pirated movies like “Ride Along” and “The Wolf of Wall Street” before they were released on DVD.

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Michigan City Moves To Criminalize Swearing

250px-Downtown_Brighton_Michigan_Grand_River_Avenuenicubunu_open_mouthFor many years, I have questioned the constitutionality of criminalizing swearing (here and here and here and here). As many know on this blog, I do not like profanity and we delete such comments on this site. However, we are a private site. The issue changes dramatically when people are arrested for foul language and subject to penal sanctions. It is part of the criminalization of America where pet peeves of politicians are ramped up to criminal offenses to make a point. The latest such move is found in Brighton, Michigan (shown here on Main Street) where police will be charging people with disorderly conduct for swearing. They just will not say what will constitute criminally foul language.

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Federal Court Holds Hearing On Potential Sanctions and Special Master’s Investigation In World Bank Protest Case

200px-World_Bank_Logo.svgThis afternoon, United States District Court Judge Emmet G. Sullivan will hold a hearing in the Chang litigation over the mass arrests during the World Bank/IMF protests. The hearing was called to specifically explore the possible sanctions to be imposed against the District of Columbia and the status of the Special Master’s investigation and litigation. Since I am co-lead counsel with my colleague Daniel Schwartz of Bryan Cave, I have been circumspect in any public comments in the case. However, to reduce calls to my office, we have been posting the relevant information and filings for hearings in the case. The hearing will be held at 11:30am in courtroom 24A on Tuesday, May 20, 2014 at the federal courthouse in Washington, D.C.

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Ohio Woman In Injured When Police Throw Her To Ground, Pry Open Her Mouth, And Arrest Her . . . After Taking Tylenol

article-2629393-1DDF609500000578-147_634x461Below is a disturbing video from the Summit County (Ohio) jail where Siobhan Householder, 35, is shown being thrown to the ground and having her jaw pried open by deputies because she had taken Tylenol while waiting in a prisoner-holding room. She was merely at the jail to have a warrant lifted so she did not appear in custody. Indeed, she was left with her purse, soda, and other items as she waited. What followed was highly shocking.

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Toxic Treats: Chinese Dog Treats Linked To Over 1000 Deaths

blind_dogChina's flagWe have had a steady stream of tainted food and defective products from China, which is notorious for its lack of environmental and product safety enforcement. Now, more than dog deaths are believed to be linked to “toxic treats” from China and, given the under-reporting of such deaths, the number could be far higher. There have been roughly 5000 complaints since 2007 about jerky treats and pet deaths or illnesses.

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Civil Penalties For General Motors Capped At $35 Million For Defective Ignition Switches

800px-Chevrolet_Cobalt_LT_sedan150px-General_Motors.svgI previously wrote about the growing controversy over the delay of General Motors in dealing with its defective ignition switches — a defect that appears to have caused multiple deaths. Now the company has agreed to pay a $35 million civil penalty for delays in responding to defect. If this seems ridiculously small, it is. The fine is the largest that can be imposed by the National Highway Traffic Safety Administration (NHTSA) under a federal law protecting companies from higher penalties. The Administration is trying to get Congress to approve the Grow America Act, which contains an increase of fines for the most serious violations from $35 million to $300 million.

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