Year: 2014

Bizarre

Warning…Warning: Assembling Solar Powered Dragonfly, Humming Bird, and Butterfly Garden Lights Can Be Dangerous!

By Darren Smith, Weekend Contributor

Fearsome Creatures
Fearsome Creatures

Warning SignYour author recently purchased some decorative garden lights at a garage sale and found that they could have endangered his family. Being a typical man, he took the lights out of the box and assembled them without reading important safety warnings in the owner’s manual. Fortunately providence offered protection despite such negligence.

As a public service, we have provided the opportunity for others to avoid such hazards. Please read below the fold for some important safety information.

Continue reading “Warning…Warning: Assembling Solar Powered Dragonfly, Humming Bird, and Butterfly Garden Lights Can Be Dangerous!” →

Politics, Society, Torts

Wenatchee, Washington City Council To Reconsider Prohibition of Marijuana Retailers After Lawsuit Filed

By Darren Smith, Weekend Contributor

Marijuana LeafCity of Wenatchee LogoWe reported last week of the City of Wenatchee prohibiting state licensed marijuana retailers and as a result a future retailer filed a civil suit against the city in Superior Court. It appears now the city council is trying to reverse its earlier position.

On Thursday of this week, the council held a public meeting after an executive council possibly discussing legal issues the city might face. During the public portion a majority of council members voted to direct the city attorney to draft an amendment to the ordinance that would omit a clause in the business licensing ordinance requiring businesses be compliant with federal law to be permitted to operate in the city.

One can probably surmise what instigated the city to have a change of heart, but the American Civil Liberties Union stated recently they would join the plaintiff’s case and were prepared to take the matter to the U.S. Supreme court.

Continue reading “Wenatchee, Washington City Council To Reconsider Prohibition of Marijuana Retailers After Lawsuit Filed” →

Criminal law, Religion, Society

Hot Dog Crimes: Five Guys Restaurants Could Be Committing A Crime For Selling “Kosher Style” Hot Dogs In Washington State

By Darren Smith, Weekend Contributor

Hot Dog with MustardThis blog has discussed several examples of the criminalization of activities in the United States that would be considered by many to be either civil in nature or based upon manners or simple transgressions. Selling certain types of hot dogs could actually, according to state law, be considered not only violations of the Consumer Protection Act, but also Gross Misdemeanors.

Washington enacted the Sale of Kosher Food Products Act of 1985 which prohibits the use of the words “Kosher” or “Kosher Style” in selling foods that are not kosher according to state definition. A possible example of this could allegedly involve a national restaurant chain, Five Guys, which has franchises in several locations in Washington State. In Washington something as ordinary as serving a Kosher Style hot dog could be considered a crime.

Continue reading “Hot Dog Crimes: Five Guys Restaurants Could Be Committing A Crime For Selling “Kosher Style” Hot Dogs In Washington State” →

Columns, Constitutional Law, Criminal law, Lawyering, Military, Politics

Where To Go With Bowe? A Bergdahl Trial Could Raise Some Familiar Defenses

305px-USA_PFC_BoweBergdahl_ACU_CroppedBelow is my column yesterday in the Chicago Tribune. It remains unclear whether Bowe Bergdahl will be charged. However, the allegations are mounting over his disappearance from his base. This column explores some interesting possible defenses and their historical context. Bergdahl returned this week to the United States, a move that will likely magnify these questions for the Administration.

Continue reading “Where To Go With Bowe? A Bergdahl Trial Could Raise Some Familiar Defenses” →

International, Military, Politics, Society

Once Again Into The Breach: U.S. Shipping More Weapons and Preparing More Military Aid To Iraq

??????????????????6286571246_4906fa443e_bThe United States is mulling further intervention in Iraq as government forces flee Al Qaeda-linked insurgents and the country appears teetering on chaos. While the Administration is not ready to commit boots on the grounds, we may be moving toward a further influx of hundreds of millions or billions in military aid and even air strikes. As ISIS insurgents are seizing U.S. weaponry, the U.S. has already started to flood the country a new massive shipment of new free weapons.

Continue reading “Once Again Into The Breach: U.S. Shipping More Weapons and Preparing More Military Aid To Iraq” →

Society

Friday The 13th: The Creepiest Day of the Year Has An Uncertain Origin

170px-F13VarietyToday, will be the only “Friday the 13th” of the year — a day that many believe is fraught with bad luck and bad omens. But where does the fear of Friday the 13th come from? LiveScience has various possibilities though it does not mention my favorites involving the Templar Knights.

Continue reading “Friday The 13th: The Creepiest Day of the Year Has An Uncertain Origin” →

Criminal law, International, Society

England’s Ford “Open Prison” Loses 90 Prisoners And Waits Four Years To Tell Public Of Murderer On The Loose

_75425013_75425012Most prisoners would be delighted when they are told that they are going to an “open prison” and it appears that the Ford Open Prison in England has lived up to its name. Ninety inmates from the prison in West Sussex, including a murderer Robert Donovan, who reportedly escaped four years ago. Other escapes include inmates like Michael “Skull Cracker” Wheatley, who had 23 previous convictions for robbery, two for attempted robbery and 18 for related firearms offenses.

Continue reading “England’s Ford “Open Prison” Loses 90 Prisoners And Waits Four Years To Tell Public Of Murderer On The Loose” →

Academia, Environment, International

Cloudy With A Chance of Executions: Kim Jong Un Warns Meteorologists About “Incorrect Forecasts”

Kim_Jong-il_PortraitWe have all cursed the weather man on occasion but North Korean forecasters are facing a more tangible threat this week. North Korean leader Kim Jong Un has turned his menacing eye on meteorologists and warned that there are “many incorrect forecasts.” Since reports state that Kim Jong Un had his wife’s former musical group executed, forecasters are understandably concerned that one unpredicted rain shower could bring lead showers. If Al Roker gets a call with a job offer from Pyongyang he might want to read the fine print.

Continue reading “Cloudy With A Chance of Executions: Kim Jong Un Warns Meteorologists About “Incorrect Forecasts”” →

Politics, Society

Our Whey Or The Highway: Artisan Cheese Makers Protests Administration Rule That Would End Centuries Old Cheese Making Techniques

Cheese_market_BaselSmall cheese makers are outraged over a new agency order from Food and Drug Administration (FDA) that has hit the industry like a thunderbolt. Monica Metz, Branch Chief of the FDA’s Center for Food Safety and Applied Nutrition’s Dairy and Egg Branch, issued an order that appears to end the centuries old practice of aging cheese on wooden boards. Banning the use of wood would threaten the American artisan cheese industry and could even bar some of the most prized imported cheeses. Worse yet, small cheese makers say that the new rule favors large manufacturers like Leprino and Kraft and Metz happens to be a former Leprino employee. [Update: The FDA appears to be backing off Metz’s statement and now denies that there is a new policy.]

Continue reading “Our Whey Or The Highway: Artisan Cheese Makers Protests Administration Rule That Would End Centuries Old Cheese Making Techniques” →

Criminal law, Politics, Society

Mother Of Seven Dies in Jail While Serving Sentence For The Truancy Of Her Children

SchoolClassroomWe have previously discussed the move in some states to jail parents of truant children. It is part of the criminalization of America where pet peeves of politicians are ramped up to criminal offenses to make a point. Now, Eileen DiNino, 55, of Reading, Pennsylvania has died while serving one of these ridiculous sentences. The mother of seven died in jail after serving half of her 48-hour sentence.

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Bizarre, Politics, Society

The Millionaire Pauper? Hillary Clinton’s Claim On Being “Dead Broke” Falls Flat With The Facts

225px-Hillary_Clinton_official_Secretary_of_State_portrait_cropWe previously discussed Hillary Clinton’s claim that she and Bill understand economic hardship because they were “dead broke” after leaving the White House. The claim has been widely ridiculed after it was shown that within one year, not only were legal fees paid off by supporters but the Clintons amassed nearly $12 million. What is most striking however with the coverage of this statement and the problems in Clinton’s book is, again, the lack of much neutral coverage in the media which has become robotically programmed along liberal and conservative lines.

Continue reading “The Millionaire Pauper? Hillary Clinton’s Claim On Being “Dead Broke” Falls Flat With The Facts” →

Criminal law, Society

Motorcycle Moron: Algerian Posts YouTube Video Of Dangerous Race With Police But Forgets That He Was Wearing A GPS Ankle Bracelet [UPDATED]

chi-youtube-police-chase-20140610-001Hamza Ali Ben Ali just may be the most obnoxious and least intelligent arrestee this week on our blog. He is set to be sentenced after he taunted police in a dangerous high-speed motorcycle race and then posted the video on YouTube. His lawyer would later insist that the police could not prove it was Ali. However, he was wearing an electronic bracelet with a GPS after a prior conviction and pending deportation proceedings. The police were able to match the GPS locations with the video to convict the Algerian citizen. UPDATE: The sentence is in. He received four years in prison for his stunt.

Continue reading “Motorcycle Moron: Algerian Posts YouTube Video Of Dangerous Race With Police But Forgets That He Was Wearing A GPS Ankle Bracelet [UPDATED]” →

Academia

Study: Three Day Fast May Reboot Immune System And Produce Other Benefits

300px-MahavratasThere is an interesting study out of the University of Southern California on fasting. The study is fascinating in what it found to be benefits from three-day fasts. The researchers found that such fasts could protect against immune system damage and actually induces immune system regeneration. I was so intrigued by the study, I decided to give it a try. I am on my third day of only water.

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Academia, Politics, Science, Society

California Judge Strikes Down California Tenure Rules As Denying Quality Education To Poor and Disadvantaged Children

SchoolClassroomgavel2There is an interesting ruling in California where Los Angeles County Judge Rolf Treu has issued a decision that is a condemnation of teacher tenure. Treu found that the tenure laws violate the right to equal protection guaranteed by the California Constitution because they make it so difficult to remove substandard teachers that students are being denied equality of education. Regardless of whether this novel decision will be upheld on appeal, it is an indictment of tenure rules where school districts have little ability to fire teachers who then end up being moved around to the harm of students. In reviewing the poor teachers and the inability to get rid of them, Treu called the system something that truly “shocks the conscience.” He struck down the tenure rules as unconstitutional, a decision which should face a determined challenge on appeal and one that breaks new ground in the area.

Continue reading “California Judge Strikes Down California Tenure Rules As Denying Quality Education To Poor and Disadvantaged Children” →

Criminal law, International, Politics, Society

Canada Grants Florida Mother Asylum To Avoid 30 Sentence For Unlawful Sexual Activity

article-2654144-1EA310DE00000578-174_634x449The United States has been widely criticized for sentences that continue to rise across the federal and state criminal codes. Politicians love to increase sentences to advance their public persona as “tough-on-crime” leaders. Now, Canada has granted a Florida mother asylum from the United States over what the immigration court viewed as an excessive sentence. Denise Harvey, 47, was convicted of five counts of unlawful sexual activity with a minor in 2008. The minor was the 16-year-old friend of her son. She and her family fled to Canada to avoid 30 years in jail for the sexual relationship.

Continue reading “Canada Grants Florida Mother Asylum To Avoid 30 Sentence For Unlawful Sexual Activity” →