Month: September 2017

Some Appellants Never Get A Break

By Darren Smith, Weekend Contributor

In our criminal justice system, appellants tend to fall into three categories: Those who ultimately prevail in their arguments; those who are unable to convince justices of their case’s merits; and those who fall off a cliff and strike every sharp rock on their way to the bottom. Steven Canha apparently suffered the fate of the last category.

After extensive appeals, one of which was to the U.S. Supreme Court, Mr. Canha lost what could be his final personal restraint petition before Washington’s courts of appeals and now the state’s Supreme Court halted the years long contention for his release from prison.

Mr. Canha argues, in short, for a resentencing based on Washington’s determinate sentencing grid by reason of incompatibility of foreign laws to Washington’s and argues for removal of prior convictions to reduce his prison term. But being probably the most unfortunate man in recent memory, a unanimous Court determined applicability of prior violations based largely upon obsolete laws (effective at the time) and time/date dictated ultimately how long his imprisonment occurred.

Continue reading “Some Appellants Never Get A Break”

NFL Logo No Longer Shown On NFL Sponsor Papa John’s Website

By Darren Smith, Weekend Contributor

After the recent controversy involving NFL players kneeling before the National Anthem at the beginning football games, long time NFL sponsor Papa John’s Pizza no longer displays the NFL Logo or indications of sponsorship on its official website.

While no reference as to the reasons given has been made readily publicly available, there exists the possibility the company might be having at least reservations with presently displaying a logo engendering increasing disfavor with large segments of its customer base.

Papa John’s once branded itself as the Official Pizza of the NFL.

Continue reading “NFL Logo No Longer Shown On NFL Sponsor Papa John’s Website”

Ginsburg Declares Sexism Was Major Factor In Trump Win As Court Starts New Term

225px-ruth_bader_ginsburg_scotus_photo_portraitI have previously criticized Supreme Court Justice Ruth Bader Ginsburg for her continued political comments in speeches to liberal and academic groups.  While not unique on the Court, Ginsburg is something of recidivist in abandoning the long-standing avoidance of justices of political discussions. Indeed, justices previously avoided most public speeches where Ginsburg has readily embraced her public persona.  Her latest comments occur on the eve of the start of the new term, a term with an array of major cases that arose from highly charged political conflicts over immigration, discrimination, and gun rights.   In her latest comments, Ginsburg echoed comments by Hillary Clinton that sexism was a big part of Trump’s victory.  It is precisely the type of political commentary that has cast a shadow over the credibility of the Court in earlier controversies.

Continue reading “Ginsburg Declares Sexism Was Major Factor In Trump Win As Court Starts New Term”

National Anthem Polls and Politics

300px-National_Football_League_logo.svgAs I discussed in a column in the Hill, the controversy over the anthem protests has expanded into the area of constitutional law with suggestions that comments by President Donald Trump could be part of the basis for his impeachment. While I do not place much credence in such calls (though they constitute a worrisome trend), I do find the political dimension of the controversy fascinating. Polls show that a majority of citizens still share the President’s view that such protests are not appropriate though this percentage has fallen a bit and a majority also rejects Trump’s call for players to be fired for such protests. In the meantime, there is a controversy directed not at Trump or the NFL, but broadcasters like ESPN, which reportedly avoided showing booing fans during these games. There appears to have been a very large and vocal opposition in the stands to the appearance of kneeling players that was not shown as the cameras focused instead on the kneeling players while discussing their protest.

Continue reading “National Anthem Polls and Politics”

Baseball Fan Thrown Out Of Game For Calling Throws

Willie_Keeler-baseball-500x322I am still basking in the glory of my Chicago Cubs clinching the Central Division title this week (a division title by a returning World Series champion that has not happened in over a decade). I have been invited by a friend to attend the first game against the Nationals next Friday in Washington. I will be sitting near home plate in the seats of my friend (who I have promised one of my kidneys in return).   It appears however that I will have to refrain from advising the Cubs on throws. I was surprised to read this week that a Yankees fan was ejected for yelling information on the expected location of the pitches to the Rays’ catcher, Wilson Ramos. Yankees’ Gary Sanchez was at bat. This is the first that I have heard of fans being barred from predicting throws as opposed to the disgraceful practice of the Boston Red Sox in using Apple watches to improperly communicate throw info to their batters.

Continue reading “Baseball Fan Thrown Out Of Game For Calling Throws”

Turley To Speak At Bar Association Conference In Spokane

download-1This afternoon I have the honor of speaking to the District conference in Washington state. The program in Spokane will feature speakers like the Honorable Chief Judge Thomas Rice of the Eastern District of Washington and the Honorable Judge Richard Tallman of the United States Court of Appeals for the Ninth Circuit as well as Washington Attorney General Robert Fergusan. I will be speaking on Executive Privilege and the new controversies raised by the Trump Administration from immigration to sanctuary cities to war powers.

Continue reading “Turley To Speak At Bar Association Conference In Spokane”

Reed College Students Shutdown Classes In Protest of Western Civilization Course As “Harmful”

images-2We have previously discussed protests against literature and philosophy courses due to their reliance on white male authors from ancient Greece to the Enlightenment. The latest such protest is occurring at Reed College where students called “Reedies Against Racism” are protesting a required humanities class that explores founding works from ancient Greece and Rome.  Requiring freshman to read such works is being denounced as “really harmful.”  I have long been an advocate of the core curriculum and Western Civilization works (a love for these works that began as an undergraduate at the University of Chicago which helped establish the core curriculum or great works model).

Continue reading “Reed College Students Shutdown Classes In Protest of Western Civilization Course As “Harmful””

Middle School Teacher and Antifa Leader Arrested For Battery In Berkeley’s “Empathy Tent”

1506493135585We have previously discussed Antifa and its violent anti-free speech philosophy. The latest violent clashes occurred at Berkeley where  middle school teacher and Antifa leader Yvonne Felarca, 47, was arrested for battery and resisting arrest for fighting in Berkeley’s much maligned “empathy tent.”

Continue reading “Middle School Teacher and Antifa Leader Arrested For Battery In Berkeley’s “Empathy Tent””

Third on a Match: New Travel Ban Raises The Stakes For Challengers

downloadBelow is my column in The Hill Newspaper on the termination of the second travel ban and issuance of the new order by the Trump Administration.  As discussed in the column, the Supreme Court went ahead and removed the immigration cases from the schedule for oral argument while agreeing with the Administration to order briefings on whether the cases are now moot.  It is hard to see how the cases are not moot in whole or substantial part. The Court tends to take off ramps to avoid constitutional decisions, particularly in the area of the separation of powers.  It will hard not to take this obvious off ramp.

Continue reading “Third on a Match: New Travel Ban Raises The Stakes For Challengers”

Sixth Circuit Affirms Ruling Against University of Cincinnati And Its Denial Of Due Process To Its Students

download-1download-2The United States Court of Appeals for the Sixth Circuit delivered another stinging rebuke of universities and their denial of basic due process protections to students in sexual assault cases. I have been a long critic of the Obama Administration’s rules forcing schools to strip away due process protections in such cases.  For that reason, I supported the decision of the Trump Administration to rescind the “Dear Colleague” letter issued by the prior administration.  The University of Cincinnati denied a student the right to confrontation — one of the key “reforms” of the Obama Administration demands.

Continue reading “Sixth Circuit Affirms Ruling Against University of Cincinnati And Its Denial Of Due Process To Its Students”

Saudi Arabia To Allow Women To Drive

125px-Coat_of_arms_of_Saudi_Arabia.svgWe have long discussed the crushing sexism faced by women in Saudi Arabia under its medieval Sharia legal system. One of the most glaring inequalities was the ban on women driving — a rule that courageous women defied at the risk of their own freedom and well-being.  Now, while about 100 years too late, the Kingdom has announced that women will be issued driver’s licenses. Despite the fierce objections that many of us have to the Saudi system, it is important to give credit to the government in rejecting religious and cultural prejudices, including extremist views expressed recently by Saudi clerics.

 

Continue reading “Saudi Arabia To Allow Women To Drive”

Study: Three-Fourths Of Americans Are Unable To Name All Three Branches Of Government

cropped-500px-scene_at_the_signing_of_the_constitution_of_the_united_states.jpgI just returned from a terrific event at Christopher Newport University on Constitution Day — a debate with Professor John Yoo.  While we were delighted by the large number of students who appeared to listen to the debate, we discussed the recent poll on the lack of knowledge of citizens.  A recent poll by the Annenberg Public Policy Center (APPC) found that, in a survey of over 1,000 citizens, only a quarter were able to name all three branches of the federal government.  We just discussed the poll showing that four out of ten Americans cannot name a single right under the first amendment.  Once again, these polls leave us with the troubling prospect of a woefully uneducated public on their own government.

Continue reading “Study: Three-Fourths Of Americans Are Unable To Name All Three Branches Of Government”

Hernandez Family Sues NFL and Patriots Over Concussions Suffered By The Former NFL Star and Murderer

100px-New_England_Patriots_logo.svg300px-National_Football_League_logo.svgThere is a new and interesting lawsuit filed by the family of  the late New England Patriots football star and murderer Aaron Hernandez.   Hernandez committed suicide in 2015 and tests of his brain at Boston University came back showing advanced and severe chronic traumatic encephalopathy (CTE).  The family is suing the National Football League and the Patriots for taking no action to protect  Hernandez from such injuries.  The lawsuit will raise some difficult causation questions. Usually violent offenses are viewed as superseding events and rarely attributable to such negligent conduct by third parties. Moreover suicide is generally viewed as the decision of individual with a variety of influences.  However, CTE has been linked to an increased risk of suicide.  The odds against the family are considerable with overlapping defenses ranging from preemption to assumption.

Continue reading “Hernandez Family Sues NFL and Patriots Over Concussions Suffered By The Former NFL Star and Murderer”

Protesters Disrupt Comey Speech At Howard University

440px-Comey-FBI-Portraitdownload-1I have been critical of the actions taken by former FBI director James Comey in leaking FBI information after he was fired by President Donald Trump. However, his appointment by Howard University as an endowed chair of public policy represented a good opportunity for both Howard and Comey. However, his first address to the university as part of the 2017-18 convocation was a disaster for both Howard and Comey as protesters shouted profanities and disrupted the event. It was the latest example of protesters shutting down free speech on campus and the university appeared unwilling or unable to enforce basic civility rules by removing and suspending the students.

Continue reading “Protesters Disrupt Comey Speech At Howard University”

Chateau Mizzou? University of Missouri-Columbia Turns To Renting Out Vacant Dorm Rooms

University_of_Missouri_sealdownloadWe have previously discussed the meltdown at the University of Missouri-Columbia where applications have plummeted since the controversial responses to race protests on campus, including the decision to terminate a journalism professor who encouraged students to “muscle” a student journalist. The result has been the shutting down of whole dormitories. Now the university has hit upon a new idea to raise revenue. It has effectively become a hotel and has been renting out rooms in vacant dormitories for $120 a night for football games.

Continue reading “Chateau Mizzou? University of Missouri-Columbia Turns To Renting Out Vacant Dorm Rooms”

Res ipsa loquitur – The thing itself speaks