The Russian State Duma has reportedly moved forward with new legislation pushed by the Putin government to criminalize blasphemy — a measure designed to please the Russian Orthodox church. As we have discussed previously, Putin has reestablished the link with the Church to crack down on critics and nonbelievers. The new law purportedly protects religious feelings of believers.
Continue reading “The Russian Duma Moves Toward New Blasphemy Law”
While the North Carolina House of Representatives has finally killed the bill to allow the state to establish a state religion, a new study found that 34 percent of adults would favor establishing Christianity as the official state religion. While 47 percent opposed the establishment of state religion, it was less than a majority.
Continue reading “Survey: 34 Percent Of Americans Want Christianity Made Official Religion”
Submitted by Elaine Magliaro, Guest Blogger
In October of 2010, the American Civil Liberties Union published a report titled In for a Penny: The Rise of America’s New Debtors’ Prisons. The ACLU had found that debtors’ prisons were “flourishing” in this country, “more than two decades after the Supreme Court prohibited imprisoning those who are too poor to pay their legal debts.” In 2011, Huffington Post reported that debtors’ prisons were legal in more than one-third of the states in this country. Continue reading “The Rise of “Debtors’ Prisons” in the US”
by Gene Howington, Guest Blogger
Disclosure: I consider myself both a liberal and pro-2nd Amendment and my position on gun control is that while reasonable solutions can be found to prevent tragedies such as Newtown that going so far as to repeal the 2nd Amendment is both an ultimately futile solution (for the reasons discussed below) and most unwise Constitutionally speaking (for reasons discussed elsewhere on this blog). This article is not about my position on the 2nd Amendment.
In the wake of the horror of Newtown, a national debate has arisen between those who – at the extremes – would either outlaw guns or have them totally unrestricted. Most of the debate is somewhere in-between those two polar extremes. Most everyone agrees that keeping firearms out of the hands of the mentally unstable and known criminals is not a bad idea. This column is not about that debate proper over gun control. It is about the nature of technology and law as it is framed by that debate. In specific, it is about 3-D printing and use of that technology to make firearms. Is the problem the technology or the user?
Submitted by: Mike Spindell, guest blogger
In 1964, during Barry Goldwater’s race for the White House, a book became a runaway best seller and it was titled “None Dare Call It Treason”. Its’ premise, typical of the thinking of many of that time, was that the United States was being sold out to Communism by its “liberal elites” who were pro-communist and thus wanted the USSR to win the “Cold War”. As the title clearly illustrates the book’s author, John A. Stormer, believed that the “elite” were traitors, liberal of course, who were so powerful that their “treasonous actions” couldn’t be challenged. I remember the popularity of the book at that time and how many who supported Barry Goldwater were believers in the books veracity. Goldwater himself seemed to be echoing Stormer’s theme of rooting out pro Communists in his Convention speech which produced the memorable phrase: “I would remind you that extremism in the defense of liberty is no vice. And let me remind you also that moderation in the pursuit of justice is no virtue.” It is thus a meme that in many different ways has been played and re-played through our Country’s history by those of a more Conservative persuasion. That meme is that the true American patriots are those who are of Right Wing political persuasion. Continue reading “None Dare Call it Treason”
Virginia Attorney General Ken Cuccinelli has decided to continue the fight to preserve the state’s “crimes against nature” law that bans both oral and anal sex in both heterosexual and homosexual relations. The United States Court of Appeals for the Fourth Circuit (considered by many to be the country’s most conservative circuit) struck down the law on obvious constitutional grounds. However, Cuccinelli has filed a motion for reconsideration to try to get that decision reversed. The current attorney general and likely GOP gubernatorial candidate Ken Cuccinelli wants to keep anti-sodomy laws on the books in Virginia.
Continue reading “Virginia Is For [Some] Lovers: Cuccinelli Continues Fight To Save Crimes Against Nature Law”
Republican North Carolina state legislators have proposed a bill that would allow the state to establish a state religion and further declares the state exempt from the Constitution and court rulings. What is astonishing is that eleven GOP members are pushing the law, which rejects not just the core principles of our country but would move the state closer to the model of government currently ripping Egypt and other nations apart in mixing religion and government. The main sponsors, state Reps. Carl Ford (R-China Grove) and Harry Warren (R-Salisbury), seem to have little more judgment than they do knowledge of our Constitutional system. Obviously, the law is facially unconstitutional but it is the contempt for our separation of church and state that is truly unnerving in these members.
Continue reading “North Carolina Legislation Would Allow Establishment Of State Religion”
Many of us have opposed voucher systems as thinly veiled efforts to publicly fund religious schools in addition to a system that undermines our public school system. Republican lawmakers in Tennessee seem intent on confirming the religious motivations behind the system this week in opposing vouchers because it has occurred to them that Muslim schools might be able to receive funding with Christian schools. They are threatening to block Republican Gov. Bill Haslam’s school voucher bill unless they can find a way to deny it to Muslim schools — a suggestion that brings sectarian prejudices to the forefront of the debate.
A classic confrontation is occurring in Arizona over the freedom of the press. FoxNews.com reporter Jana Winter is standing by fundamental principles of journalism in refusing to disclose who gave her a notebook that a judge had put under a protective order in the case of Colorado shooter James Holmes. Arapahoe County District Judge Carlos Samour is pursuing other avenues for the time being in trying to find out who leaked the notebook, but Winter could still be put on the bench and held in contempt for a failure to disclose her source.
Continue reading “Fox Reporter Faces Potential Jail In Protection Of Her Sources”
Respectfully submitted by Lawrence E. Rafferty- Guest Blogger
The recent news about Cyprus banks confiscating depositor’s funds sent chills throughout the financial world here and abroad. I couldn’t believe that the plan in Cyprus hinged on the idea that the bank could just steal customer’s funds to balance the bank’s books. I muttered to myself when I read the story that something as crazy as that couldn’t possible happen here in the United States. Unfortunately, I learned that the plan to pull a Cyprus type grab here was already in the works. Continue reading “Could the Banksters Grab Your Bank Deposits?”
Submitted by: Mike Spindell, guest blogger
To some of us the transition from slave to citizenship by those Africans brought in chains to these shores for economic exploitation and horrific abuse ended with the “Emancipation Proclamation”. To others its’ end might have been marked by “Brown v. Board of Education”, or by the 1964 Civil Rights Act. Those of somewhat more insightful bent may have said that the true emancipation occurred when Barack Obama was elected President in 2008. In my view, as much of an impact as all those milestones (and more such as Jackie Robinson i.e.) made to American consciousness, Black people in the United States clearly still lack the benefits and rewards of citizenship. I would go further and say that in the United States, at this time; most Black people still suffer the degradation and challenges brought about by both institutional and emotional racism. This is not to say that in our country other groups, such as Latino’s and Native Americans are free of oppressive prejudice, but to assert that given their history in this country Black people are slotted into the bottom of the economic and social ladder and are still struggling to obtain even those most minimal of rights that most Americans see as their birthright. Continue reading “The Myth of Black Freedom in the U.S.”
The U.S. Supreme CourtToday, the Supreme Court will take up the Defense Of Marriage Act (DOMA), the law signed by Bill Clinton that denied benefits and equal treatment to same-sex couples. This follows yesterday’s interesting, and at times heated, debate over Proposition 8 in the Hollingsworth case. I will be on MSNBC today discussing the case with NPR’s Here and Now at 12 and then Martin Bashir at 4 p.m.
Continue reading “Supreme Court Takes Up The Defense Of Marriage Act”
While much of the attention this week is on the two same-sex marriage cases, an important ruling was handed down on Tuesday that constituted an increasingly rare victory for the Fourth Amendment under search and seizure law. In Florida v. Jardines, the Court ruled 5-4 that police need a warrant to use a drug-sniffing dog on the exterior of a home. It was a surprise ruling for some of us — a surprise magnified by the author, Associate Justice Antonin Scalia.
Continue reading “Supreme Court Narrowly Rejects Use Of Dog Sniff On Home Without Warrant”
Below is today’s column in USA Today. It is a follow up to my speech at the National Press Club on the 4oth anniversary of Watergate. The event included a number of Watergate figures from Daniel Ellsberg to Liz Holtzman to Alexander Butterfield and others. It was an extraordinary event organized by Common Cause.
By Mike Appleton, Guest Blogger
Lawyers who do commercial litigation are familiar with the concept known as “piercing the corporate veil.” A principal purpose for doing business in corporate form is to avoid personal liability for business debts. But the veil of protection afforded by the corporate entity can be lost under certain circumstances, exposing a controlling shareholder to personal liability. Although the application of the concept varies a bit from state to state, the general rule is that “courts will look through the screen of a corporate entity to the individuals who compose it in cases in which the corporation was a mere device or sham to accomplish some ulterior purpose, or is a mere instrumentality or agent of another corporation or individual owning all or most of its stock, or where the purpose is to evade some statute or to accomplish some fraud or illegal purpose.” Biscayne Realty & Insurance Co. v. Ostend Realty Co., 109 Fla. 1, 148 So. 460, 564 (1933).
In short, no majority shareholder would concede that his company is his alter ego. Right? Well, maybe not. Recently some shareholders have been arguing, and successfully, that their companies are indeed mere instrumentalities.
Continue reading “The Corporate Veil Meets the First Communion Veil”