We have yet another mindless enforcement of a zero tolerance rule. A 5-year-old Pennsylvania girl was suspended from kindergarten after she who told another girl that she was going to shoot her with a pink Hello Kitty toy gun that blows soapy bubbles. Originally, the charge was “terroristic threats” against the student. The Mount Carmel Area Elementary School in Northumberland County, Pennsylvania reduced the charge but still suspends the kindergartener to end her reign of soapy terror.
Category: Academia
Respectfully submitted by Lawrence E. Rafferty(rafflaw)-Guest Blogger
On the eve of President Obama’s Inauguration for his second term, I thought it might be useful to look more closely at one of his policies that is not working for students or parents. I am referring to his educational policy, better know by its marketing name, Race to the Top. This “quaint” title for his corporate backed privatizing plan hides the negative impact it has had in the schools themselves. It is has led to school closings and teacher firings for the sole purpose of school districts being eligible for the Race to the Top grants from the Federal government! Continue reading “Obama’s Race to the Bottom”
Submitted by: Mike Spindell, guest blogger
While I’m not a lawyer, I do write for this legal blog by the invitation of its creator Jonathan Turley. I first arrived on the scene here many years ago because since the age of ten I have had been interested in the nature of the broad spectrum of civil rights issues faced by this country. My interest became an obsession at the age of ten. My parents, who were quite liberal, allowed me to stay up way past my bedtime to watch Ed Murrow bravely attack Sen. Joseph McCarthy for his Communist Witch Hunt, by documenting the anti-constitutional excesses he used to destroy people’s lives and careers. Months later they kept me home from school to watch the Army/McCarthy Hearings which directly led to McCarthy’s downfall. On our twelve inch, black and white TV I watched this famous scene:
“On June 9, 1954, the 30th day of the Army–McCarthy hearings, McCarthy accused Fred Fisher, one of the junior attorneys at Welch’s law firm, of associating while in law school with the National Lawyers Guild (NLG), a group which J. Edgar Hoover sought to have the U.S. Attorney General designate as a Communist front organization. Welch had privately discussed the matter with Fisher and the two agreed Fisher should withdraw from the hearings. Welch dismissed Fisher’s association with the NLG as a youthful indiscretion and attacked McCarthy for naming the young man before a nationwide television audience without prior warning or previous agreement to do so:
“Until this moment, Senator, I think I have never really gauged your cruelty or your recklessness. Fred Fisher is a young man who went to the Harvard Law School and came into my firm and is starting what looks to be a brilliant career with us. Little did I dream you could be so reckless and so cruel as to do an injury to that lad. It is true he is still with Hale and Dorr. It is true that he will continue to be with Hale and Dorr. It is, I regret to say, equally true that I fear he shall always bear a scar needlessly inflicted by you. If it were in my power to forgive you for your reckless cruelty I would do so. I like to think I am a gentle man but your forgiveness will have to come from someone other than me.”
When McCarthy tried to renew his attack, Welch interrupted him:
“Senator, may we not drop this? We know he belonged to the Lawyers Guild. Let us not assassinate this lad further, Senator. You’ve done enough. Have you no sense of decency, sir? At long last, have you left no sense of decency?”
McCarthy tried to ask Welch another question about Fisher, and Welch cut him off:
“Mr. McCarthy, I will not discuss this further with you. You have sat within six feet of me and could have asked me about Fred Fisher. You have seen fit to bring it out. And if there is a God in Heaven it will do neither you nor your cause any good. I will not discuss it further.”
The gallery erupted in applause.”
The drama of this distinguished lawyer chastising one of the most powerful men in the United States and silencing his cruelty was one of the defining moments of my life. It spurred a lifelong interest in the Constitution, the Law and the rights of the American People. Today, among other ills, I believe that our American Criminal Justice System is broken. Let me explain why I believe that. Continue reading “America’s Broken Criminal Justice System”
I have previously written about the trend in our schools to use arrests as substitutes for school discipline for students. A new report highlights this trend and leaves a particularly shocking account of the situation in the Mississippi school system which remains 50th on teacher salaries but leads the nation in putting its students in jail.
Continue reading “Mississippi’s Policy of Matriculation Through Incarceration”
Notre Dame’s athletic director Jack Swarbrick has given a tearful account of how he has determined that his football star Manti Te’o was a victim of being “catfishes” in mourning the death of a girlfriend who never in fact existed. I must confess an insurmountable level of skepticism regarding Te’o’s account, but I am more concerned not with his veracity (which seem entirely gone) but with the ethics of Notre Dame. Even without considering the Catholic values of the university, the response of the University to this matter is predictable and depressing given the known facts. We have previously discussed how football programs warp the academic mission and ethics of universities. This appears to be a towering example of the corrosive effect of such programs. Notre Dame admitted that it was made aware of the hoax but said nothing as reporters gushed over the bravery of Te’o in facing the death of the “love of his life.” Yet, the university insists that it had no obligation to tell the truth during the season while Te’o was being considered for the Heisman Trophy. Moreover, it concluded that Te’o had no ethical obligation to come forward immediately with the truth — even if we accept that he did not know that the “love of his life” did not exist.
We already have a distressingly long list of cases of police officers allegedly shooting dog pets either in mistaken raids or without provocation. We can now add the case of Jeff Fisher and his dog Ziggy in Colorado. Fisher says that deputies shot and killed Ziggy after they went to his house by mistake. Now it appears, according to local accounts, that the Adams County deputy sheriff, Wilfred A. Europe III, who shot the dog was involved in a previous fatal shooting.
Continue reading “Colorado Police Officer Shoots Dog After Going To Wrong House”
The response to the massacre in Newtown, Connecticut continues to get more and more bizarre. In Arizona, a controversial sheriff will have a volunteer “posse” at schools armed to the teeth. The NRA president wants armed guards at every school. Now, in Montpelier, Ohio, the school district wants to arm custodial staff who will now have push brooms, plungers, and semi-automatic weapons.
Continue reading “Ohio School District Moves To Arm . . . Janitors”
There is a surprising piece this week on the New England Law, Boston. New England has long been ranked in the lower ranks of law school — ranked 154th in the country according to TaxProf though this site shows the schools as unranked with the lowest schools. Either way, this is a school that continues to fall well-below the standards of most law schools. However, the school appears to achieve the top spot on one ranking: Dean salaries. The school’s longtime dean, John F. O’Brien, is reportedly making more than $867,000 a year in salary and benefits, including a [$650,000] “forgivable loan” for a Florida condominium. The school is in Boston.
Continue reading “New England Law Dean Reportedly Paid $867,000 A Year For Fourth Tier Law School”
The suicide of famed programmer and free access advocate Aaron Swartz shocked the world. However, the underlying story of the how the Obama Administration prosecuted — and, in the eyes of many, persecuted — Swartz for seeking to publish academic papers which were later released by MIT without charge. Nevertheless, United States Attorney Carmen M. Ortiz and the Obama Administration relentlessly pursued Swartz and sought an absurd 35 years in prison and $1 million in fines before he took his own life. His family blames the Justice Department and Ortiz for his suicide. Swartz opposed the Administration’s fight against public access and particularly President Obama’s “Kill List.” The Swartz prosecution was widely criticized for months but the Obama Administration and Justice Department remained committed to putting him in jail.
Continue reading “Aaron Swartz And The Obama Administration’s War On Public Access To Information”
Submitted by: Mike Spindell, Guest Blogger
Those who’ve read my comments here through the last two Presidential elections, know that I supported and voted for Barack Obama twice. Yet President Obama has been a disappointment to me throughout his Administration. His continuing support of what I consider extra-Constitutional intelligence gathering is a terrible thing. That Guantanamo Bay is still functioning is a continuing human rights violation. The continued American troop presence in both Iraq and Afghanistan is as disgraceful as the reasons that caused us to be there in the first place. Bradley Manning is an American hero that this country is illegally torturing with this President’s approval. The entire issue of the rising deficit and of a mythical “Fiscal Cliff” is one the President gives credit to, thus making it seem real to the public, while those decrying it merely are using it as a means of destroying America’s already frayed “social safety net”. The escape from criminal prosecution of the Bush Administration for War Crimes time has passed. The financial titans who collapsed our economy with their fraudulent manipulations will not be brought to justice, only become wealthier. The continuance of prosecuting the “War on Drugs” after we’ve seen marvelous public initiatives legalizing marijuana at State Levels, is a cruel hoax that destroys the lives of people in the name of protecting the citizenry. Need I go on to make the point of how disappointing this Administration has been? It would take tens of thousands of more words to do so, but then in this erudite group of those readers of this blog, it would be unnecessary, because so many here could do it on their own and perhaps better than I can.
Where I get confused at times here is in the continuing surprise that is expressed with each new violation of our rights, with each new foreign incursion and with the continued militarization of this country as it “goosesteps” towards the creation of an Empire. I get confused because I fail to understand why people who know better, would think that someone else as President could prevent all of these atrocious occurrences. This confusion is re-enforced by the fact that this blog has continually presented evidence that this country is no longer, if indeed it has been, under the aegis of our beloved Constitution. Leading the evidence presented here was Jonathan Turley’s blog post ”10 Reasons The U.S. Is No Longer The Land Of The Free”. http://jonathanturley.org/2012/01/15/10-reasons-the-u-s-is-no-longer-the-land-of-the-free/ As our esteemed proprietor followed up this post was selected as one of the top ten articles in the Washington Post’s Outlook Section for 2012. At the end of this piece I will give links to my own guest blogs which have also reinforced the idea that we are no longer the country of freedom that our establishment claims we represent. Thus comes my somewhat confused question as to why would we the denizens of this blog think that barring action by the people, that our President, or any other governmental officials could single-highhandedly return us to the ideals of our constitution. Continue reading “President Obama Disappoints, Why the Surprise?”
Florida Atlantic University has found itself embroiled in a national outcry over the views of James Tracy, an associate professor of media history. Tracy, 47, went to his blog, Memoryholeblog and held forth on his suspicion that the massacre in Connecticut might have been a government drill or may not even have actually occurred. In a blog entitled “The Sandy Hook Massacre: Unanswered Questions and Missing Information,” Tracy wrote “While it sounds like an outrageous claim, one is left to inquire whether the Sandy Hook shooting ever took place — at least in the way law enforcement authorities and the nation’s news media have described.” For those mourning the loss of the 20 children and six adults, it was both an outrageous and hurtful claim — leading many to call for the firing of Tracy. However, as correctly noted by the FAU administration, this was a personal blog and Tracy has every right to espouse such theories.
We have a development in the latest case of a student being suspended for using a finger gun. Previously, Montgomery County suspended a six-year-old boy for making a finger gun with his hand and saying “Pow.” Now school officials have rescinded the suspension of a 6-year-old Silver Spring boy who they said pointed his finger like a gun and said, “Pow.” However, once again, there is no action to be taken against school officials for ordering such an absurd punishment in a mindless “zero tolerance” policy. Continue reading “Terror Tots III: Maryland Officials Reverse Suspension Of Six-Year-Old For Making Gesture Of Finger Gun And Saying “Pow””
Submitted by: Mike Spindell. guest blogger
On New Year’s Eve my wife and I saw the movie “Les Miserables”. We’d seen the musical on Broadway and had been enchanted by it. The music from it is superb and this musical fully deserves all the acclaim it has received through the years. As much as I loved the stage version of “Le Mis”, the movie took all of the greatness of the stage and added something to the mix that lifted it into subversive social commentary. That is what I’m going to write about, but first for those who are unfamiliar with either the source book, or the musical adaptation, a very brief synopsis is needed to set the scene.
The story begins after the French Revolution and the defeat of Napoleon. The Royal Dynasty has been restored to power and the freedoms of the Revolution have been lost. The protagonist of this work is Jean Valjean. He was sentenced to twenty years of hard labor because of the ramifications of his stealing a loaf of bread for his starving sister. Imprisoned he is noticed by one of his Jailers, Javert, who notes Valjean for his almost super-human feats of strength. Valjean is paroled after serving his time and subsequently breaks parole. He is chased by Javert for the rest of the tale. The plot of the 1,900 page (in French) novel is summarized in detail at this link: http://en.wikipedia.org/wiki/Les_Mis%C3%A9rables Details of the play and the movie are available here: http://www.lesmis.com/.
The ingredient added to the movie, which couldn’t have been done on stage were scenes depicting the abject poverty of the common people and the poor. With the visual nature of film and what will probably be Academy Award makeup, costuming and art direction, you can see a recreation of the life of the French lower classes in the 18th Century. These descriptions run true to the original novel which was so rich with detail. The book “Les Miserables” was intentionally revolutionary for its time as best summed up by the author Victor Hugo in the preface to the novel:
“So long as there shall exist, by reason of law and custom, a social condemnation, which, in the face of civilization, artificially creates hells on earth, and complicates a destiny that is divine, with human fatality; so long as the three problems of the age—the degradation of man by poverty, the ruin of women by starvation, and the dwarfing of childhood by physical and spiritual night—are not solved; so long as, in certain regions, social asphyxia shall be possible; in other words, and from a yet more extended point of view, so long as ignorance and misery remain on earth, books like this cannot be useless.”
Hugo’s eloquence above and its implications for our current time is the subject that I want to discuss. Continue reading ““Les Miserables” and the Shape of Things to Come”
He might not be the beneficial addition to a home, but Larry the Robot was designed to do one thing really well: vomit. Larry is designed to keep vomiting until we learn how to deal with norovirus, the illness causing diarrhea and vomiting. (I shudder to think of an additional robot to address the the former symptom).
There are two interesting scientific and historical discoveries this week. Researchers have identified remains from both French King Louis XVI and Henry IV. The discoveries began with a handkerchief found in a gourd found in Italy . . .
Continue reading “Researchers Identify The Remains Of Two Luckless French Kings”