Author: jonathanturley

Politics

Wisconsin, Scott Walker, and Protesting Workers: The Story Continues

Submitted by Elaine Magliaro, Guest Blogger

There have been some new developments in the Wisconsin story since my last post on the subject, Is the Scott Walker Story Just the Tip of the Koch Brothers Political Iceberg?. More than six hundred comments have been left at that post—and it takes a long time to load the page. I thought it best to write up a new post for people who would like to continue the discussion on the subject of Governor Scott Walker, the protesting workers in Wisconsin, Walker’s anti-union budget repair bill, the AWOL Democratic state senators, and various and sundry other things related to the subject.

Continue reading “Wisconsin, Scott Walker, and Protesting Workers: The Story Continues” →

Supreme Court

Plyler v. Doe (1982) and Jurisdiction

-Submitted by David Drumm (Nal), Guest Blogger

Plyler v. Doe was a case in which the Supreme Court decided that, under the Equal Protection Clause, Texas could not deny the children of undocumented aliens access to public schools.

The vote was 5-4. More interestingly, by a vote of 9-0, the court addressed the meaning of “jurisdiction” as found in the Fourteenth Amendment.

Continue reading “Plyler v. Doe (1982) and Jurisdiction” →

Bizarre, Courts, Criminal law, Lawyering

No, No, No, You Silly Drunk: Drink First Then Take Field Test

Submitted By Mark Esposito, Guest Blogger

Stephen Supers of  Elyria, Ohio can’t seem to get anything straight. Pulled for speeding, the 25-year-old gave the arresting officer the distinct impression  he was DUI. After failing several field sobriety tests, the alleged offender confirmed the officer’s suspicion and calmed his nerves by slamming back a beer he conveniently had stashed in his car. A subsequent search of the car revealed some other goodies like marijuana. (Quite the mobile pharmacy, you have there, Stephen– allegedly) 

Continue reading “No, No, No, You Silly Drunk: Drink First Then Take Field Test” →

Religion, Science

Alister McGrath Escapes Rationality

-Submitted by David Drumm (Nal), Guest Blogger

Gnu Atheist

Alister McGarth is a Christian theologian and apologist, and Professor of Theology, Ministry, and Education at King’s College, London.

In his latest article, he chides the New Atheists for their adherence to the prison of mere rationality. He argues that reason and science are not enough to discover the depths of reality.

Continue reading “Alister McGrath Escapes Rationality” →

Constitutional Law, Justice, Politics, Society

Wanted: Red Or Restrained

Submitted by Mark Esposito, Guest Blogger

Wisconsin Republican leaders are law and order types indeed. Unhappy that fourteen Democratic state senators are boycotting Governor Scott Walker’s union busting party, they have authorized the Senate Sergeant at Arms to round-up the legislative desperadoes “with or without force.” The Gang of 14, of course, are holed up in the neighboring Illinois badlands but Sheriff Walker wants to get his men (and his agenda railroaded through) so niceties like democracy and respect for the rights of the opposition need  not be  observed.

Continue reading “Wanted: Red Or Restrained” →

Criminal law, Society

“The Beast Has Eaten!”: MS-13 Member Offers The Nation An Example of the Rising Gang Carnage in the United States

Defense lawyer Sam Schmidt, defense attorney for Julio Chavez has his work cut out. His client is looking at a first-degree murder charge but helped create the perfect case for a prosecutor: a murder in front of witnesses after which he displayed MS-13 gang signs and allegedly proclaimed “The beast has eaten!” It turns out that the man Chavez allegedly killed, Maurice Parker, 21, was not, as Chavez believed, a Blood. Just a guy wearing a red sweatshirt.
Continue reading ““The Beast Has Eaten!”: MS-13 Member Offers The Nation An Example of the Rising Gang Carnage in the United States” →

Bizarre, International, Society

Westminster (London) Moves To Ban Lying Down in Public and Giving Away Food

A new law in Westminster (London), England would make it illegal to lie down in a public place and to give away food. It is another example of cities criminalizing or banning conduct that includes routine behavior. It is an invitation for arbitrary enforcement since I doubt the police will be arresting folks resting in the parks outside of their offices. The law can be used as an easily available justification for stopping and potentially arresting individuals.
Continue reading “Westminster (London) Moves To Ban Lying Down in Public and Giving Away Food” →

Criminal law, Society

Illinois Legislator Moves To Ban Filming Accident Scenes

We have been following the widening practice of police arresting citizens for filming them in public. Both courts and commentators have denounced the practice. These concerns explain some unease over a measure proposed by Illinois State Rep. Tom Holbrooke (D-Belleville) who wants to ban some filming in public — of any accident scenes. There is an obvious concern that such laws could be used to push for expanded criminalization and would give officials broad discretion in arresting some citizens seen with cameras.

Continue reading “Illinois Legislator Moves To Ban Filming Accident Scenes” →

Courts, Politics, Society

Florida Court Stays Decision on Healthcare — Allowing Continued Implementation of the Law

After U.S. District Court Judge Roger Vinson struck down the healthcare law, we discussed a curious part of his opinion where he declined to grant injunctive relief but then stated that it was not necessary because his declaratory judgment served the same function. I disagreed with that view and recently the Justice Department decided to call the bluff and ask if Vinson believed that he had barred the implementation of the law nationally. They won. Vinson ruled yesterday that the Administration could continue to implement the law — despite various states citing his opinion as the basis for refusing to work with the federal government in implementing the law.
Continue reading “Florida Court Stays Decision on Healthcare — Allowing Continued Implementation of the Law” →

Bizarre, Courts, International, Lawyering

English Woman Receives Damages for Paralyzing Fall at 33 Years in India

This story caught my eye on Reddit because last night I went to a dinner in Milwaukee and discussed how it still takes decades for a civil case to be brought to verdict in India — a huge barrier to businesses and firms in that country. As a demonstration of the problem, it took 33 years for an indian court to award $1 million to Susan Leigh Beer for a fall that paralyzed her on a dirty floor at a pool at the Akbar Hotel in Delhi.

Continue reading “English Woman Receives Damages for Paralyzing Fall at 33 Years in India” →

Bizarre, Criminal law, International, Politics, Religion, Society

Ready to Wehr: Famed Designer Galliano To Face Criminal Charges Over Alleged Anti-Semitic Remarks

Famed Christian Dior designer John Galliano will face a criminal trial over an alleged anti-Semitic rank against a rival. As previously discussed in a column and a line of blog stories (here and here and here and here), various Western governments have been curtailing free speech by prosecuting blasphemy and speech against various groups. This is an example of that dangerous trend. While the alleged statements are repugnant, these laws cut deeply into free speech.
Continue reading “Ready to Wehr: Famed Designer Galliano To Face Criminal Charges Over Alleged Anti-Semitic Remarks” →

Bizarre, Criminal law, Society

Norfolk Employee Fired After Receiving Pay for 12 Years While On Administrative Leave

Jill McGlone, a former administrative worker at the Norfolk Community Services Board, is hopping mad and I don’t blame her. She has alleged that she was wrongly terminated from a job that she had not done in 12 years while receiving full pay. McGlone was suspended back in 1998 but somehow got lost in the system — left with the dream job of all pay and no work for over a decade. She reportedly received more than $320,000 before being terminated. The case brings new meaning to the CSB’s slogan “A Stable Force in a Turbulent World.”
Continue reading “Norfolk Employee Fired After Receiving Pay for 12 Years While On Administrative Leave” →