Category: Constitutional Law

Teacher Suspended For Writing Critical Comments on Her Personal Blog

After just posting the story of a tenth-grade student suspended for a posting on Facebook, this story appeared of yet another teacher suspended for her own postings on a blog. Natalie Munroe taught at the Central Bucks East High School near Philadelphia as an English teacher — until students discovered a comment on a February 8th blog.

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Iranian Legislators Call For The Execution of Protest Leaders

After previously heralding the Egyptian protests as a triumph for democracy, the Iranian government has made it clear that such demonstrations are best viewed from afar. After cracking down on tens of thousands of protesters yesterday, Iranian legislators are calling for the leaders of the protests to be executed. This followed the announcement that the government will be opening special courts to punish journalists.

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The Right’s War on Women

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 
I don’t think Barry Goldwater would recognize Conservatism or his Republican Party if he was alive today. Conservatism used to mean belief in safe and sound economic spending and freedom for all from governments getting too large and too restrictive on personal freedoms. Recently we have seen Republicans offer up a brand new and dangerous definition of rape in an attempt to restrict abortions and to restrict government money being used to pay for them. Now we are seeing another Republican attempt to restrict the use of contraceptives under the guise of ending the alleged use of Federal funds to pay for abortions.

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The NRA Claims That the Government is to Blame For Tucson Shootings

Submitted by Lawrence Rafferty, (rafflaw) Guest Blogger

 

You may recall that after the horrible Tucson shooting massacre, I wrote a piece for this blog suggesting that it might be a good time to consider banning deadly weapons and the high-capacity magazines of the type that the alleged killer used on that fateful day.  It was a difficult issue, but I thought then and still think now that it is an important issue that needs to be discussed by not only us, but by the American public through their Representatives and Senators  in Congress.  With that prior posting in mind, I was shocked to read a story earlier this week about the president of the National Rifle Association, Wayne LaPierre, who blamed the shootings on government policies in a recent speech to the CPAC conference on Thursday, February 10thContinue reading “The NRA Claims That the Government is to Blame For Tucson Shootings”

New Jersey Judge Accused of Allowing Police Officer to Serve As Prosecutor And Denying Counsel to Defendant

Linden Municipal Court Judge Louis DiLeo has been accused of an extraordinary act of misconduct in New Jersey. Wendell Kirkland alleges that DiLeo convicted him of burglary without the use of a prosecutor and even allowed a police officer to question him as if he were the prosecutor.
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Lincoln, The Great Colonizer? New Book Details Plans By Lincoln To Ship Freed Slaves To English Colonies

Author Phillip W. Magness has long harbored the view that Lincoln biographers had sanitized the history of “The Great Emancipator” to fit his modern popular image. Certainly, civil libertarians have long questioned Lincoln preeminence as a voice of freedom given his denial of habeas corpus and violations of constitutional rights and powers. Now, Magness is about to publish a book entitled “Colonization After Emancipation: Lincoln and the Movement for Black Resettlement,” revealing research showing that Lincoln actively explored and planned for the relocation of freed slaves to British colonies.
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Man Accused of Nuisance After Erecting Huge Lighted Crosses To Deter Atheists

In Baldwin, Pa., Carl Behr has decided to wage a one-man crusade against unseen atheists in his neighborhood. His solution? Erecting a 25-foot lighted cross on his yard facing his neighbor and another on his roof. I saw this on Reddit and it makes for an interesting nuisance case.

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Scientology Officials Accused of Falsifying Hubbard War Records

The New Yorker article by Lawrence Wright on the Church of Scientology is getting a great deal of attention. The article details the departure of screenwriter and director Paul Haggis from the church after 35 years. However, I found one of the most interesting aspects to be Wright’s confrontation of Church officials over the alleged heroic record and severe battle scars of founder L. Ron Hubbard.
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Obama Promotes CIA Officer Responsible For El-Masri Abuse

In yet another slap at civil libertarians and the rule of law, the Obama Administration has promoted the CIA officer responsible for one of the most embarrassing scandals of the Bush Administration: the kidnapping and abuse of Khaled el-Masri.

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Profit From Behind The Supreme Court Bench?

Submitted By Lawrence Rafferty, (rafflaw), Guest Blogger

I will be honest. I am not a big fan of Supreme Court Justice Clarence Thomas and as of late, I have had the same less than positive feelings about his wife, Virginia Thomas.  According to a recent Think Progress article, Justice Thomas’ vote on the Citizens United case has allowed his wife’s “consultant” company to profit by educating its customers on the best political causes to invest, I mean, donate to .

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J.P. Morgan And The Reverse Bailout That Saved The U.S.

Submitted by Mark Esposito, Guest Blogger

Author’s note: Another in a series of obscure American history viginettes.

Bush’s multi-trillion dollar bailout was nothing new in American history; the money just flowed in a different direction. In America, where the banking monarchy has long memories and keeps ledger books going back centuries, it was just repayment of a debt incurred before the turn of the last century to a new generation of our financial princes.

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A Tax By Any Other Name

-Submitted by David Drumm (Nal), Guest Blogger

Jack M. Balkin

Jack M. Balkin, Knight Professor of Constitutional Law and the First Amendment at Yale Law School, has a different perspective on the constitutionality of the Affordable Care Act. Professor Balkin argues that the individual mandate is a tax and the Constitution gives Congress the power to tax and spend money to promote the general welfare.

This necessarily and properly avoids the Commerce Clause.

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EMTALA

-Submitted by David Drumm (Nal), Guest Blogger

EMTALA is an acronym for Emergency Medical Treatment and Active Labor Act passed in 1986 and signed into law by then-President Ronald Reagan. It requires hospitals and ambulance services to provide care to anyone needing emergency healthcare treatment regardless of citizenship, legal status or ability to pay. Since there are no provisions for reimbursement, it’s often cited as an example of an unfunded mandate. EMTALA applies only to “participating hospitals”, those who accept funds under the Medicare program, which for practical purposes, is all hospitals. EMTALA was enacted to prevent the practice of “patient dumping”, where, because of the inability to pay or insufficient insurance, hospitals would discharge emergency patients. Hospitals and physicians can incur a $50,000 fine for each violation.

EMTALA provides access to the health care system for everyone.

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