Year: 2014

Academia, Lawyering, Media

Larry Mitchell Resigns From Case Western Deanship

Lawrence MitchellDean Lawrence Mitchell of Case Western Reserve University School of Law has resigned from his post after taking a leave of absence on November 6th amid charges of sexual harassment. Mitchell had previously said he would not resign and cited the support of the University. He also attracted the initial support of individuals like David Lat at Above the Law. However, the university reportedly may now be investigating the matter and a court has rejected Mitchell’s effort to strike large portions of the amended complaint.

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Criminal law

Florida Man Charged With Having Sex With Pit Bull

BernardMarsonek_1394060936747_3305130_ver1.0_640_480Like yearbooks, some mugshots just seem to call out for blind predictions. In the case of Bernard Marsonek, 58, “most likely to have sex with pit bull” would actually seem an option. The Tampa man was arrested after not only being seen having sex with one of his eight large pit bulls, but then refusing to stop when confronted by neighbors.

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Bizarre, Society, Torts

Fuhgeddaboudit: New Jersey Judge Rules Against Teenager In Effort To Force Parents To Pay For College

article-2572711-1C07EFB400000578-224_634x612New Jersey Judge Peter Bogaard has rejected the initial effort of Rachel Canning, 18, to force her parents to pay for her financial support and college. Retired Lincoln Park police Chief Sean Canning and his wife, Elizabeth, insist that she moved out of their house voluntarily after she refused to live according to the rules of the house, including speaking respectfully to them, taking a curfew, reconsidering a relationship with a boyfriend (viewed as a bad influence) and doing chores. She said that they kicked her out as soon as she turned 18. However, the problem is that she is indeed 18 and the idea of forcing parents to pay for schooling after the age of majority is a problematic one. She has accused her father of being “inappropriately affectionate” but an investigation reportedly cleared Sean Canning (shown here with Rachel).

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Academia, Politics, Society

Ohio Child Suspended For “Level 2 Look Alike Firearm” (AKA Finger Gun)

220px-gesture_thumb_up_then_down_forefinger_out_like_gun1We have another towering success of the “zero tolerance” rules applied blindly in our schools. Ohio school officials have finally captured and suspended Nathan Entingh, 10, after he pulled a finger gun out at school. That’s right, another finger gun suspension. While these cases have been widely denounced as insane, school officials remain undeterred and continue to hammer children with nonsensical actions. To complete this utter insanity, the family then received a letter informing them that Nathan had been found with a “level 2 look alike firearm.”

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Environment, International, Politics

Australian Prime Minister Pledges Moratorium On New National Parks, Expanded Logging, And A Crusade Against “The Green Ideology”

300px-Biogradska_suma200px-Tony_Abbott_-_2010We recently discussed the disturbing allegations directed against an Australian MP who dumped pollutants into the Great Barrier Reef with impunity. The case raised questions over how powerful mining interests are overwhelming environmental concerns, even in the iconic Great Barrier Reef. Now, Prime Minister Tony Abbott has shocked many around the world with a speech to the lumber industry that not only promises to stop the establishment of any new national parks but commits his government to advancing the interests of the industry.

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Society, Torts

“Fatberg” Liability: New York Dentist Sues Companies Over Flushable Wipes That He Alleges Are Not Flushable

250px-Wet_wipeThere is an interesting products liability lawsuit by a New York dentist, Dr. Joseph Kurtz, 35, against manufacturers of flushable wipes. The wipes have been blamed for massive “fatberg” formations in municipal sewer systems and Dr. Kurtz says that he is out $600 in plumbing bills at this New York and New Jersey homes due to the alleged misrepresentation. He is now seeking unspecified damages in the suit in Brooklyn against Kimberly-Clark Corp. and Costco Wholesale Corp.

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Academia, Lawyering, Society, Torts

Snay It Ain’t So: Florida Father Loses $80,000 Settlement Over Daughter’s Facebook Posting

gavel2Many parents spend countless hours trying to keep their children off social media sites. Patrick Snay, 69, can claim that his daughter’s busy fingers cost him $80,000. The former head of Guillver Preparatory School in Miami lost a settlement from a discrimination lawsuit against his former school. The agreement came with a confidentiality provision so the school’s lawyers were a bit put out to read a taunting Facebook posting from the daughter that bragged about the settlement and told them to “Suck it.” It did not quite work out that way. The case is Gulliver Sch., Inc. v. Snay, 2014 Fla. App. LEXIS 2595.

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Columns, Constitutional Law, Free Speech, Politics, Society, Supreme Court

An Inconvenient Symbol: Why The Flag Decision Flies In The Face Of Our Core Values

Below is my column today in USA Today on the ruling out of the United States Court of Appeals for the Ninth Circuit over a ban at a California high school of students wearing tee-shirts with American flags during the Mexican heritage celebration Cinco de Mayo. The opinion is Dariano v. Morgan Hill Unified Sch. Dist., 2014 U.S. App. LEXIS 3790.

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International, Military

Authoritarian Nationalist Invades To Protect Common Language Speakers While Poland Mobilizes Troops . . . Sound Familiar?

225px-Vladimir_Putin_official_portrait230px-Bundesarchiv_Bild_183-S33882,_Adolf_Hitler_retouchedWe have long discussed the authoritarianism of Vladimir Putin whose history of beating protesters and striping away press freedom was put aside briefly for the Olympic ceremonies. However, Putin appeared to be eager to stop the love fest and turn on Ukraine. For history buffs, however, there is something a bit unnerving in Putin invading a neighboring country to protect Russian-speakers who are welcoming the troops as protectors. In case the Sudetenland does not come to mind, Poland is now mobilizing troops along the border to bring the historical analogy home for the rest of the world. While I believe that this crisis will be contained and Putin is not ready for a wider war, it is no accident that the blind nationalism and authoritarianism would lead to expansionism. Ukraine is not the Sudetenland and Poland is no longer using horses to repel tanks. Putin’s desire for control of this port and Lebensraum may not be as easy to hold as it was to take.

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Academia, Politics, Society

The Second Ambush of Lake George: New York Town Approves Businessman’s Plan To Fill In Part Of Historical Site

300px-Johnson_saving_DieskauWe have repeatedly discussed local planning boards that trash their own (and our) heritage by approving development of battlefields and other historic sites (here and here). Real estate and development interests often stack these boards to guarantee such results. The latest controversy is centered in Lake George, New York where historians and tourists often come to see the site of the battle in the French and Indian War. Farmers rallied at this stop to fight for their homes and many fell and were buried in and around a critical ravine. Despite objections from historians and experts, the town of Lake George (and specifically its planning board) gave permission to businessman Anthony Tomasovic to dump tons of fill and cut down trees to allow him to develop the land. Notably, he has not even stated how he would develop it. The town just opened up the historic site to be filled in and cut down . . . just in case Tomasovic could use some flat land.

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