Category: Constitutional Law

The Lazarus Clause: Judge and Prosecutors Secure Plea From Deranged Mother With a Resurrection Clause

41587058-12191952ht_ramkissoon_080812_mnProsecutors in Maryland appear to have cut a bizarre deal with a former religious cult member. Ria Ramkissoon, 22, agreed to plead guilty in the murder of her 1-year-old son, Javon Thompson, but, if he is resurrected, the deal is off.
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Morocco Arrests and Expels Five Europeans Caught “Red-Handed” in the Act of Teaching Muslims About Christianity

125px-flag_of_moroccosvgMorocco has joined the list of Islamic nations denying freedom of religion to its citizens. Five women were arrested by authorities and sent to Spain after they were caught allegedly in the act of converting Muslims to Christianity. Presumably, any effort to teach Muslims the benefits or values of Christianity could qualify for this particular offense.

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Spanish Court Orders Investigation of Bush Aides for War Crimes at Guantanamo Bay

torture -abu ghraib200px-flag_of_spainsvg Spanish investigating magistrate Baltasar Garzon has passed a 98-page complaint to prosecutors that accuses former Attorney General Alberto R. Gonzales and five others violations of international law, including torture.
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Bias in the Beth Din: State Court Vacates Judgment of Religious Court Due to Bias

125px-star_of_davidsvgthumb_election_scales1Courts in various countries are increasing being asked to enforce the judgments of religious courts — a trend that bothers many civil libertarians. These cases often involve private agreements to submit cases to such courts in arbitration or mediation. An interesting case in New York, however, shows that such courts often lack back professional or ethical guarantees. A New York trial court has thrown out the ruling of a religious court on the grounds of a “judge” in a Rabbinical Court (Beth Din) having possible bias.

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Reid Says Chief Justice Roberts Lied to Congress in Confirmation Hearings

225px-harry_reid_official_portrait225px-official_roberts_cjSenate Majority Leader Harry Reid insisted this week that it was not the fault of the Democrats in confirming John Roberts and not using their power to block the nomination. Rather, they were tricked by Roberts who lied to them in suggesting that he was a moderate and that we are now “stuck” with him as chief justice.
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Exposing Oneself To Art: Court Rules that Poll Dancing Is Art Form

350px-poledsc325New York Judge Catherine Bennett had become the hero of many a strip joint by declaring that pole dancing is a form of art worthy of a tax exemption. In doing so, she ruled in favor of the argument of Nite Moves in near Albany that it qualified for the “dramatic arts” tax exemption — allowing it to keep $129,000 in sales tax. It also gave thousands of customers an opportunity to rebut claims by their spouses that they lack culture and should expose themselves to art.
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A Knight’s Tale: Professor Suspended for Hanging Bankers Comment

thumb_chris_in_delmenhorstIn yet another example of the shrinking values of free speech in England, a University of East London professor of anthropology Chris Knight has been suspended for saying that bankers need to be aware of the fury in the country before they are found “hanging from lampposts.” Knight was helping organize a protest for next week G20 summit.

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Take Your Gun To Work Day: Texas Legislature Moves to Bar Businesses from Enforcing No-Gun Policies

Texasthumb_weapon_gun_smith_and_wesson_hand_ejectorFor all of those employees who are receiving pink slips in the recession, the Texas legislature has moved toward guaranteeing them that they can bring their guns to their last day at work. The Texas Senate unanimously passed legislation to protect the right for workers to pack heat with your ham sandwiches at work.

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Afghan Government Arrests Television Manager For Refusing to Censor Un-Islamic Images of Women

158px-flag_of_afghanistansvgThe Afghan government gave the West another example how it is struggling to defeat the Taliban by joining it. The government has arrested the manager of a popular Afghan television network for refusing to censor images of women dancing in short skirts and plunging necklines. Fahim Khodamani of Emrose TV was arrested on the crime of broadcasting un-Islamic images.

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Justice Delayed: Nine Death Row Inmates Lost Appeals Due to Late Filings By Counsel

260xstory1A recent study of capital cases in Texas shows that nine death row inmates lost their appeals due to the failure of counsel to file by the court deadline. Johnny Ray Johnson was put to death after his lawyers missed a filing deadline by one day. He is one of six such inmates put to death after missed deadlines.

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Now Playing At The Supremes: Hillary the Movie

hcws_2p_kl_trailer_640Today, the Supreme Court will be taking up Hillary: The Movie — and its ultimate reviews could hold great significance for campaign financing. We have been following the case involving “Hillary: The Movie” since it first came out during the last presidential campaign. The legal dispute over the film was always more interesting than the film itself — whether this is a film or a 90-minute campaign ad. Now, the Supreme Court is set to review the film. Citizens United v. FEC (08-205) raises a fascinating question of what constitutes political advocacy and what constitutes a documentary. The Court will hopefully not produce another “I know politics when I see it” standard. I discussed the case on this segement of NPR’s Here and Now.

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Prêt-à-Prisoner: New Jersey Supreme Court Rules That Witnesses Cannot Be Forced to Wear Prison Garb

180px-loc_utah_prisoners_c1885_3b27385uThe New Jersey Supreme Court has handed down an important ruling that prisoners cannot be forced to wear a prison uniform on the witness stand. The Court ruled that such prison garb “undermine[s] the credibility of the witness.”

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Lose the Cross: Rabbi Asks Pope to Take Off His Cross When Visiting the Western Wall

120px-bentoxvi-30-10052007 A controversy has erupted over the request by the Rabbi of the Western Wall, Shmuel Rabinovitch, that Pope Benedict XVI take off his cross before a visit to the wall in May. Rabinovitch stated “My position is that it is not fitting to enter the Western Wall area with religious symbols, including a cross. I feel the same way about a Jew putting on a tallit and phylacteries and going into a church.”
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Movie Night At Supreme Court: Justices Ready to Review Hillary: The Movie

hcws_2p_kl_trailer_640We have been following the case involving “Hillary: The Movie” since it first came out during the last presidential campaign. The legal dispute over the film was always more interesting than the film itself — whether this is a film or a 90-minute campaign ad. Now, the Supreme Court is set to review the film. Citizens United v. FEC (08-205) raises a fascinating question of what constitutes political advocacy and what constitutes a documentary. The Court will hopefully not produce another “I know politics when I see it” standard.

Continue reading “Movie Night At Supreme Court: Justices Ready to Review Hillary: The Movie”