Here is our annual list of Halloween torts and crimes. Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more.
So, with no further ado, here is this year’s updated list of actual cases related to Halloween.
Continue reading “Spooky Torts: The 2017 List Of Halloween Litigation Horrors”
We have previously discussed how President Donald Trump has repeatedly been used by federal courts as the most important witness against his own policies due to his ongoing and ill-advised tweets. Indeed, in all three rounds of the immigration litigation, Trump’s tweets and comments were critically important to courts in ruling against his Administration, including the most recent injunction rulings of the third travel ban order. Now a judge in Washington has relied on Trump’s tweets to rule against him on his ban on transgender military personnel. Judge Colleen Kollar Kotelly of the US District Court for the District of Columbia in Jane Doe v. Donald Trump (pdf), found that the plaintiffs were “likely to succeed” on their claims that the ban is discriminatory. The court decision, again, features a Trump tweet.
Dmitry Shubov has finally finished a determined and prolonged effort of self-destruction. Shubov is a disbarred lawyer and founder of LegalMatch.com who has now been arrested for a sexual relationship with a minor. His site pairs older “sugar daddy” or “sugar momma” adults with younger people. In this case, the girl proved to be 14 years old.
Continue reading “[Not-So] LegalMatch: Disbarred Lawyer Facing Charges Of Sexual Assault On A Minor”
I have previously written about my concerns in the removal of statues and names from public buildings due to contemporary views of historical figures like George Washington. For that reason, it should come as little surprise how I view the decision of the current congregation of Christ Church in Alexandria to a memorial plaque to George Washington. I once lived near the church and occasionally went to services there. including the funeral of our late Associate Dean Admiral John Jenkins. It is a thrill to sit in a church that once served Washington and others. It is deeply disappointing to see the congregation now reject that long history in the removal of a plaque placed on the church in 1870. The reason offered below by church leaders is that the plaque made people feel unwelcomed or threatened because Washington was a slave owner.
Emory Philosophy Professor George Yancy has attracted considerable attention this week over his writings and comments on race and his suggestions for teaching white students. Yancy is under fire for telling his students that he believes not only in “safe spaces” for non-white students but “dangerous spaces” for white students. It is part of his view of “white privilege” and his effort to prompt students “to acknowledge their inherent racism and fight actively against it.” Yancy insists that all white people are inherently racist and all men are inherently sexist.
Last night, the media was thrown into a frenzy with news that special counsel Robert Mueller has secured the first charges in his investigation into Russian election interference. Despite the fact that the name or names of those indicted have not been released and the specific charges were not disclosed, the report was heralded as a breakthrough moment in the Russian investigation. CNN contributor David Gergen stated “Well, it certainly looks like the dam is starting to break now.” It could be and then again it might not be. Again, the breathless desire among some commentators is out-stripping the available information. For months, many of us have been saying that it was extremely unlikely that Mueller would assemble this huge prosecutorial team and spend millions without charging someone on something. The core question is whether he is going to move on the two primary allegations in the Russian investigation — collusion and obstruction — that might implicate Trump or his family. In other words, we may have to wait for the arrest or surrender to know if Mueller has unveiled a mountain or a molehill.
Yesterday, we discussed the potentially precarious ethical position of Hillary Clinton’s campaign lawyer Marc Elias, who allegedly denied media reports that the Clinton campaign had any connection to the controversial Russian Dossier. After the Washington Post ran an extensive story on how the Clinton Campaign and Democratic National Committee hired controversial research firm Fusion GPS to dig up dirt on Donald Trump in Russia in the “Russian Dossier” matter. Reporters at the New York Times have accused Elias of lying in past categorical denials of any connection to Clinton or the DNC. The reports indicate that not only did the Clinton team fund the opposition research but that Elias may have been the person handling much of the arrangements. Now Elias’ position has worsened after a report out of Congress that he was present in an interview when campaign chairman John Podesta denied any campaign role in the funding or acquisition of the dossier.
Democratic National Committee chairman Tom Perez made a curious point in a Tuesday night speech when he declared “the Electoral College is not a creation of the Constitution.” Given the focus of the DNC chief on elections, the misunderstanding of the origin of the electoral college is a bit like a chief of police not knowing that warrants are required by the Fourth Amendment. To make matters worse, Perez made his statement at the Indiana University Law School. Just for the record, Article II of the Constitution states “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress.”
Continue reading “Perez: “The Electoral College Is Not A Creation Of The Constitution””
Below is my column in the Hill Newspaper on the effort to remove President Donald Trump through Section 4 of the 25th Amendment. I ran a column a couple days ago in the Washington Post on the constitutional and procedural issues of a 25th Amendment attempt. This column looks at the medical and historical aspects of the controversy. The effort appears to have picked up steam this week with reports of Democrats reaching out to psychologists — just as they did against Barry Goldwater. The demise of the “Goldwater Rule” is a dangerous development. I have no more idea of Trump’s mental state than I do other leaders. What I do know is that claims of narcissism or other conditions are unfounded absent an evaluation and far more serious evidence of mental illness to justify a 25th Amendment effort.
Here is the column:
Continue reading “Trump, the 25th Amendment and The Demise of “The Goldwater Rule””
University of Illinois math professor Rochelle Gutierrez has triggered a national controversy over her recent anthology for math educators entitled, “Building Support for Scholarly Practices in Mathematics Methods.” Gutierrez suggests that mathematic tends to perpetuate white privilege that must be actively addressed in classrooms. For many, math is one subject that was viewed inherently objective and unbiased in its emphasis. Albert Einstein and others saw beauty in math. He stated “Pure mathematics is, in its way, the poetry of logical ideas.” Yet, Gutierrez appears to see the “politics that mathematics brings” and white privilege. Continue reading ““Mathematics Itself Operates As Whiteness”: University of Illinois Professor Triggers Controversy In Calling For Professors To Recognize Math As Privilege”
We have been watching an extraordinary shift in public opinion over the last decade on the legalization of marijuana. With millions of citizens now using marijuana either medically or recreationally, the public appears ready to see nationwide legalization. The huge tax benefits from legalization and the rapidly expanding market appears to have adding to the support for legalization. This polls is just a few percent lower in support than a recent Harvard poll showing 68 percent support for legalization.
Continue reading “Poll: 64 Percent Of Americans Now Want Marijuana Legalized”
Clinton campaign lawyer Marc Elias is under fire today after the Washington Post ran an extensive story on how the Clinton Campaign and Democratic National Committee hired controversial research firm Fusion GPS to dig up dirt on Donald Trump in Russia in the “Russian Dossier” matter. Reporters at the New York Times have accused Elias of lying in past categorical denials of any connection to Clinton or the DNC. The reports indicate that not only did the Clinton team fund the opposition research but that Elias may have been the person handling much of the arrangements. Update: Brian Fallon, former spokesperson for the Clinton campaign, has said that this was “money well spent.” On CNN, Fallon said that the “sensitive nature” of the project meant that it was kept to a small number of people that did not include him. Fallon’s expression of satisfaction with the work however conflicts with what reporters say Elias told them. He notably sounded a lot like Trump in saying “opposition research occurs all the time.” Christoper Steele is a foreign national who was seeking information from foreign sources to use against Trump.
I have often criticized Saudi Arabia for its application of a medieval Sharia system of law and its intolerance for both free speech and freedom of religion. It is important however to recognize improvements in the Kingdom, such as the recent decision to allow women to drive and the expanding political rights of women. This week brought another such positive development. Saudi Arabia’s next king, Mohammed bin Salman, gave a surprising speech where he clearly set the Kingdom apart from the long domination of Saudi clerics. He declared “We are returning to what we were before, a country of moderate Islam that is open to all religions and to the world.” If true, that would be a moment of true leadership by the Crown Prince and a real hope for the citizens of Saudi Arabia.
It is called “progressive stacking,” a technique where teachers give priority to students according to race or gender. The technique is being hotly debated at the University of Pennsylvania after Grad student Stephanie McKellop tweeted about how she only reluctantly will call on a white male after giving preference to various groups based on their gender or race. While many find stacking to be a form of discrimination, some academics have rallied to the side of McKellop in favor of such techniques.