Year: 2014

Courts, Lawyering, Politics, Society

Benched: Third Broward County Judge Arrested For DUI

rosenthal-judge-thumb-200x200fl-judge-gisele-pollack-dui-arrest-20140502-001Broward Circuit Judge Lynn Rosenthal (left) has been arrested for DUI after she not only alleged struck a car while driving drunk but it turned out to be a cruiser of the Broward County Sheriff’s Department. She is the third such judge in the county to be arrested. Last November, yet another Broward judge, Cynthia Imperato, was busted for DUI. Broward County Circuit Judge, Gisele Pollack (right) was arrested two weeks ago. Pollack’s case however raises an interesting issue. She has objected to a suspension under the Americans With Disabilities Act (ADA) and asked that she be placed on paid leave to overcome a “disease.” For the county citizens, the line of hammered (gaveled?) judges does not exactly instill faith in the court system.

Continue reading “Benched: Third Broward County Judge Arrested For DUI” →

Congress, Constitutional Law, Courts, Criminal law, International, Justice, Lawyering, Media, Military, Politics, Society

Kerry To Snowden: “Man Up and Come Back to the United States.”

220px-John_Kerry_official_Secretary_of_State_portrait220px-Landsdowne_HeraklesWe previously discussed how terribly confused Hillary Clinton appeared in discussing National Security Agency leaker Edward Snowden. She just could not understand why he would not have trusted the government to deal with any problems or why he would not come back to the United States. Now, Secretary of State John Kerry is offering his own brand of macho advice to the kid: “man up and come back to the United States.” Sure leaders have called for him to be tried as a traitor and either incarcerated for life or executed. Sure, he is not guaranteed to see all of the evidence used against him or even be guaranteed a federal trial as opposed to a military tribunal. However, Kerry appears ready to give him an “attaboy” on his way to solitary confinement under Special Administrative Measures (SAMs) that cut off virtually any contact with the outside world.

Continue reading “Kerry To Snowden: “Man Up and Come Back to the United States.”” →

Academia, Free Speech, Society

Utah High School Under Fire For Airbrushing Yearbook Pictures To Cover Up Girls

c3There is an interesting controversy out of Wasatch County, Utah where students were surprised when they received their yearbooks and found themselves wearing outfits that they never saw before. The Wasatch High School had altered photos of girls who had too much skin showing, though what was viewed as inappropriate by the local school officials is rather surprising.

Continue reading “Utah High School Under Fire For Airbrushing Yearbook Pictures To Cover Up Girls” →

Constitutional Law, Free Speech, Politics, Society, Torts

Prophylactic or Paternalistic? California Assembly Approves Law That Would Make Condom Use Mandatory In Porn Films

220px-Hall_headshot13540068012600We have previously discussed the crackdown on pornography studios over the failure to use condoms in their filmmaking. I have previously expressed concern over such mandates as curtailing free speech principles while accepting that the public health rationale could well prevail in a court challenge. Now the California Assembly has approved a state law to require condom use in pornographic films produced in the state. It is the first such state law and could be subject to a challenge under the First Amendment. This is Democratic state Rep. Isadore Hall’s third attempt to pass such legislation.

Continue reading “Prophylactic or Paternalistic? California Assembly Approves Law That Would Make Condom Use Mandatory In Porn Films” →

Constitutional Law, International, Lawyering, Media, Politics

Prominent Canadian Lawyer Suspended In “Scud Stud” Case

logoThere is an interesting case out of Canada where a prominent lawyer, Kristine Robidoux of Calgary, has been suspended after she admitted that she was the source of negative disclosures regarding Arthur Kent — a former reporter known as the “Scud Stud” who was running for the Alberta Legislature. Robidoux had served as volunteer counsel to the campaign and supplied information confidentially to Canwest columnist Don Martin for an article entitled “Alberta’s ‘Scud Stud’ a ‘Dud’ on Campaign Trail.” Kent had received the nickname after reporting from a hotel during Iraqi Scud launchings against Saudi Arabia.

Continue reading “Prominent Canadian Lawyer Suspended In “Scud Stud” Case” →

Academia, Constitutional Law, Society

Supreme Court Strikes Down Florida Law Barring Intellectual Disability Defense Based On Strict IQ Test

Supreme CourtThe U.S. Supreme Court has ruled in Hall v. Florida, an important (though little followed) case involving the standard for intellectual disability. Florida state law imposes a bright-line threshold test in cases of alleged incapacity. If the person has an IQ of 70 or above, the court will not consider such a disability claim. It is an approach that has been widely ridiculed by experts and now, in a 5-4 decision, Justice Anthony M. Kennedy has ruled that such a rule violated the Eighth Amendment and runs counter to recognized scientific standards. My Supreme Court class reviewed Hall and reached the same conclusion, though the vote was almost unanimous. The class voted 13-1 to reverse lower court. The class however got it wrong on the prediction. In a close 8-6 vote, the class predicted that the Supreme Court would affirm.

Continue reading “Supreme Court Strikes Down Florida Law Barring Intellectual Disability Defense Based On Strict IQ Test” →

Constitutional Law, Media, Society, Torts

Revenge of the Pink Slime II: South Dakota Supreme Court Allows Trial Of ABC For Beef Coverage

220px-Ground_beef_USDAo-pink-slime-abc-news-lawsuit-facebookWe have previously covered the “pink slime” controversy and claims by the industry that the term is defamatory toward a beef product that it prefers to call “lean finely textured beef.” Now, the Supreme Court of South Dakota has cleared the way for a trial of ABC and and several correspondents for the network, including Diane Sawyer, over its coverage of the controversy in a case that threatens the right of the free press as well as free speech.

Continue reading “Revenge of the Pink Slime II: South Dakota Supreme Court Allows Trial Of ABC For Beef Coverage” →

Constitutional Law, Criminal law, Politics, Society

First Circuit Rules That Police Do Not Have Qualified Immunity After Arresting New Hampshire Woman For Videotaping Traffic Stop

150px-US-CourtOfAppeals-1stCircuit-Seal.svgvideo cameraWe have been following the continuing abuse of citizens who are detained or arrested for filming police in public. (For prior columns, click here and here). Despite consistent rulings upholding the right of citizens to film police in public, these abuses continue. One of the more recent cases comes from Concord New Hampshire where Carla Gericke was arrested for trying to videotape the police at a March 24, 2010, traffic stop of a friend. She sued that the charge of wiretapping violated her constitutional rights and, in a major rule, the United States Court of Appeals for the First Circuit held that she was entitled to a jury trial and was not barred by qualified immunity. The case is Gericke v. Begin, 2014 U.S. App. LEXIS 9623.

Continue reading “First Circuit Rules That Police Do Not Have Qualified Immunity After Arresting New Hampshire Woman For Videotaping Traffic Stop” →

Constitutional Law, Criminal law, International, Politics, Religion, Society

Pregnant Woman Stoned In Death In “Honor Killing” in Broad Daylight In Front of Pakistani High Court

225px-LahorehighcourtThe courthouse in Lahore Pakistan was the scene of a shocking act of religious violence, even by the standards of the Middle East. The family of a pregnant woman stoned her to death in front of the courthouse in Lahore, Pakistan after she married a man against their wishes. This “honor killing” occurred when Farzana Parveen, 25, showed up to contest the abduction case filed by her family against her husband. The father had filed the case on the ground that their marriage was not approved by him and therefore was a case of abduction.

Continue reading “Pregnant Woman Stoned In Death In “Honor Killing” in Broad Daylight In Front of Pakistani High Court” →

Congress, Constitutional Law, Politics

The Great Excuse: Obama Blames The Constitution For His “Disadvantage” And The Need To Circumvent Congress

cropped-cropped-500px-scene_at_the_signing_of_the_constitution_of_the_united_states1.jpgAs many on this blog know, I often object to those who criticize our Constitution as a way of excusing their circumvention of civil liberties or the separation of powers. Some in the Bush Administration took that position in suggesting that our Constitution was somehow a contributor to the 9-11 attacks — in their push to pass the Patriot Act. President Obama seems to take up a similar lament to rationalize his repeated violation of the separation of powers in recent years. Obama raised the issue with donors to suggest that the Framers got it wrong in their design of Congress and Article I of the Constitution. Indeed, he appears to be a critic of the “Great Compromise” that gave small states an equal voice in the Senate. It is of course not his assuming legislative and judicial powers in the creation of what I have called an “uber presidency” that fundamentally changed our system. There is no real need for compromise of any kind in the new emerging model of executive power so it should not be a surprise that “Great Compromise” would appear particularly precious and unnecessary.
Continue reading “The Great Excuse: Obama Blames The Constitution For His “Disadvantage” And The Need To Circumvent Congress” →

Academia, Society

Ninety-Nine-Year-Old Maine Woman Receives Her Diploma After 75 Years

degreeBealJessie White finally has her sheep skin. White, 99, was supposed to receive her degree in stenography and bookkeeping in 1939, but she lacked the $5 fee for her transcript. As a result, she never received the diploma until Alan Stehle, the president of Beal College in Bangor, learned of her fate and ponied up the money to release the diploma.

Continue reading “Ninety-Nine-Year-Old Maine Woman Receives Her Diploma After 75 Years” →

Bizarre, Criminal law, Science, Society, Torts

Oregon Man Charged After Reportedly Trying To Hold Breath In Tunnel and Causing Three-Car Accident

Oregon State Police
Oregon State Police
This is a truly bizarre story. Like many families, our kids often play the game of holding their breath in tunnels. For some it is fun and for others it is superstitious. For Daniel J. Calhoun, 19, it was potentially fatal. Police say that Calhoun told them that he passed out while trying to hold his breath for the length of a tunnel northwest of Portland. He caused a three-car accident.

Continue reading “Oregon Man Charged After Reportedly Trying To Hold Breath In Tunnel and Causing Three-Car Accident” →