Author: jonathanturley

Constitutional Law, Politics, Religion, Society, Uncategorized

Does the Anti-Abortion Movement Hate Women’s Sexuality?

Submitted by: Mike Spindell, guest blogger

The abortion issue is not solely about a women’s right to choose, it is about the hatred and fear of women’s sexuality. There is a subtext to this movement, shown plainly by the actions of many Anti-Abortion supporters, that goes way beyond the issue of whether abortion is murder. This is not asserting my opinion as to the validity of either side in the Anti-Abortion debate. It is not to stir up a debate for or against abortion. I’ve commented here enough for people to know where I stand on the issue. What has bothered me for a long time on this issue has been whether it is just about being for or against a women’s right to choose? If it is only about the right of choice, then I could at least accept that those who would deny it have sufficient beliefs to justify their actions, without there being another unspoken agenda. Indeed, the original initiator of the anti-abortion issue was the Roman Catholic Church.
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Justice, Society, Uncategorized

What Makes A Good Law, What Makes A Bad Law?

Submitted by Gene Howington, Guest Blogger

In 1780, John Adams succinctly defined the principle of the Rule of Law in the Massachusetts Constitution by seeking to establish “a government of laws and not of men”. This reflects the democratic principles enshrined in the Constitution’s preamble: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” The very foundation of our legal system says that the law should work for us all, not just a select few.

This raises the question of what is a good law that serves the majority of society and what is a bad law that doesn’t serve the majority of society?

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Criminal law, Justice, Society

Florida Sheriff: No Underwear (And No Dignity) For You!

Submitted by Mark Esposito, Guest Blogger

Jail Reformer Grady Judd

Polk County Sheriff Grady Judd has a budget problem. Claiming concern about having to make job cuts in a tough economy or to provide luxury items to inmates, this prison reformer took the path of least resistance. Problem is, to Sheriff Judd, “luxury items” include jail-provided underwear. Seems the prison uniform includes the proviso of “going commando” for the male inmates. Female guests face no such concern and are provided free undergarments and the reason for the different treatment is a tad unclear. Maybe Sheriff Judd is teaching the value of smooth panty lines. In any event, the foundation-free policy is saving his budget $45,000.00 or as Judd puts it “$45,000.00 is one person’s job we’re saving. If inmates want to wear underwear in jail, they can buy it, just like hard working Polk County citizens do.” Lest you think Judd a throwback to the days of Les Miserables, you should know that entrepreneurship is alive and well at the Polk County jail. Briefs can be purchased for $2.54 and boxers for a mere $4.48. And to avoid the tedious chore of having to inspect the skivvies for weapons, male inmates may not bring in their own underwear. No word yet on two for one sales, or if other “luxuries” like tooth brushes and toilet paper will become items offered for purchase at the jail.

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Constitutional Law, Courts, Supreme Court

DOJ: Decrypt Your Files Or Go To Jail

-Submitted by David Drumm (Nal), Guest Blogger

With the Fourth Amendment a mere shadow of its former self, its time to apply the same erosional process to the Fifth Amendment. The Justice Department has asked a federal judge to compel Ramona Fricosu, charged with bank fraud, wire fraud, and money laundering related to a mortgage scam, to decrypt the files on a laptop found during a raid on her home. Fricosu now faces the cruel trilemma: perjure herself by claiming she doesn’t know the passphrase, incriminate herself by decrypting the files, or face contempt of court for refusing to decrypt.

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Criminal law, Society, Torts

Is There A Juris Doctor In The House? Maryland Heart Surgeon Stripped Of License After Allegedly Performing Hundreds of Unnecessary Surgeries

Well-known heart surgeon Dr. Marc Midei has lost his license after being found to have performed hundreds of unnecessary surgeries on his patients by the Maryland Board of Physicians. It turns out that they really need juris doctors.

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Bizarre, Constitutional Law, Criminal law, Justice, Lawyering

Justice Department Forces Mistrial After Violating Court Order in Clemens Trial

In an enormous embarrassment, the Justice Department forced a mistrial in the trial of baseball star Roger Clemens after its attorneys committed a flagrant violation of the court’s orders. Clemens will now have to be retried after U.S. District Judge Reggie Walton found that the Justice Department severely undermined a fair trial for the accused. The sanction is a sharp blow to U.S. Assistant Attorney Steven Durham and his team — and a rare example of a court imposing such sanctions against the government. Defense attorneys often complain that prosecutors engage in such conduct — including some intentional slips — because they are confident that the jury will simply be told to disregard the evidence. It is not known if this was an intentional or simply negligent act by the prosecutors.
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Academia, Constitutional Law, Society, Torts

Cooley Law School Sues Law Firm and Bloggers Over Alleged Misrepresentations on Grad Placement

Thomas M. Cooley Law School has gone to court with an interesting defamation case against the New York firm, Kurzon Strauss, and anonymous bloggers after it was accused of misrepresenting the success of its graduates. The firm had posted a draft class action against the law school. The litigation raises a host of issues of privilege and free speech.
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Criminal law, International, Politics, Religion

Iranian Christian Told By Supreme Court To Renounce Faith Or Face Punishment

When I saw this story on Reddit, I had a hopeful moment. It said Iran’s Supreme Court had actually annulled the death sentence of Yousef Nadarkhani, who was arrested in 2009 and given the death sentence late last year for apostasy. However, it turns out the evangelical pastor has simply been sent back to the trial court to be given a chance to “repent” and renounce Christianity.
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Bizarre, International, Religion

Saudi Cleric: Islam Has No Minimum Age For Marriage

In this video, Saudi Cleric Muhammad Al-‘Arifi answers the question of whether there is a minimum age for marriage. He concludes that there is not — noting that Muhammad married Aisha when she was seven and consummated the marriage at nine because she was “ready.” Accordingly, it is perfectly ok for some girls to be married off at an age when they could not even get on some amusement rides at Disneyland due to their age.
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Academia, Constitutional Law, Society

Harvard Professor Under Fire After Calling For Obese Children To Be Removed From Homes In Severe Cases

Harvard University Professor Dr. David Ludwig is under attack for his public call this week for some obese children to be taken from their parents to protect their health. Ludwig stated that “[i]n severe instances of childhood obesity, removal from the home may be justifiable, from a legal standpoint, because of imminent health risks and the parents’ chronic failure to address medical problems.” That legal standpoint may need a bit more work.
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Criminal law, Lawyering

Warrant Issued For Former Prosecutor After No Show In Theft Trial

A Louisiana court has issued a warrant for arrest for former Terrebonne assistant district attorney Stephen Callahan, 51, after he failed to appear to stand trial on allegations that he stole the money of a client, Sarah Reed, 56. Callahan’s lawyer has insisted that Callahan simply couldn’t find a ride on Monday or Tuesday.
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Bizarre, International, Religion

Driver Succeeds In Effort To Wear Pasta Strainer On License As Pastafarian

If this driver’s license appears a bit odd, it may be due to the fact that Niko Alm is wearing a pasta strainer. An atheist, Alm claimed that the pasta strainer was religious headgear as a pastafarian and member of the Church of the Flying Spaghetti Monster. It is not clear if he listed his weight as al dente.
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Politics, Society

Bachmann Under Fire For Clinic’s “Cure” of Homosexuality

The presidential campaign of Michele Bachmann has raised the question of what is relevant for scrutiny for the media. At issue is the business run by Bachmann and her husband, Marcus: Bachmann and Associates. It is a Christian counseling service and Bachmann has previously referenced the business as her credential as a “small business job creator.” However, reports have emerged of how the clinic offers to “cure” homosexuals and reporters have questioned the veracity of past statements about the clinic. Bachmann, however, insists she wants to talk about job creation and the stories are not relevant to what matters in the campaign.

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Bizarre, Constitutional Law, Politics, Society

California Legislators Ask To Form 51st State

Republican Jeff Stone is a member of the Riverside County Board of Supervisors and wants to be a citizen of South California, the 51st state. Stone is part of a movement in thirteen conservative counties to cleave off the conservative part of California into its own state. Of course, that could have a wee problem under the United States Constitution without congressional consent.

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