The Supreme Court has ruling in the Dilling case where a woman sued the parents of her deceased finance for not disclosing to her that he had AIDS. The “Jane Doe” plaintiff had won $2 million in 2004, but the Supreme Court said that she had reason to question the health of Albert Dilling before they had unprotected sex. Continue reading “Illinois Supreme Court Denies Appeal Against Parents of AIDS Carrier”
Category: Constitutional Law
Today, I testified in the House Judiciary Committee (Subcommittee on Crime, Terrorism, and Homeland Security), on the new proposed changes to the rules governing federal restitution. They are quite extreme. Continue reading “Testimony on New Federal Restitution Law”
Leslie Hagan, it appears, was a bit too outstanding for the Justice Department. The attorney worked as a liaison between the Justice Department and the U.S. attorneys’ committee on Native American issues and received consistent “outstanding” marks on her evaluations. However, she is also a lesbian as well as a Republican. It was the first part that allegedly bothered people like Monica Goodling, the oft-ridiculed former Justice official involved in the firings of U.S. Attorneys. Continue reading “A Bit Too Outstanding: Inspector General Investigating Whether Justice Fired Successful Because She Is A Lesbian”
Borat can now claim “Legal Learnings of America for Make Benefit Glorious Nation of Kazakhstan.” A judge in New York has dismissed a defamation case against Sacha Baron Cohen and the producer, Twentieth Century Fox, of the movie “Borat. Jeffrey Lemerond is shown in an extremely poor light in the movie as he screams “Go Away” and appears to flee Borat when he tries to hug him. Federal Judge Loretta Preska treated the film as the equivalent to a news story in order to dismiss the complaint. Cohen has largely been successful in a variety of court challenges to the film. Continue reading “Very Nice: Borat Wins Defamation Case”
The White House finally released some of the torture memos to Congress — justifications of coercive methods by Professor John Yoo. What is most striking about the memo below is its rather low-grade effort to justify torture — citing a type of self-defense theory for why an isolated detainee might have died or been injured during rough interrogation. Continue reading “Torture Memo Released: Yoo Argues Self-Defense in Cases of Interrogation Deaths or Injuries”
An 18-year Nebraska state trooper is appealing his termination due to his political association with a group affiliated with the Ku Klux Klan. Robert E. Henderson was fired after he disclosed his association with the Knights Party, a group led by racist David Hale. The case before the Nebraska Supreme Court is only the latest in a long line of terminations of police officers for private or politicalassociations during their off-duty hours. Continue reading “Trooper Appeals Termination for Off Duty Political Activities”
In what could be a major new religion clause case, the Supreme Court has taken a case involving a Ten Commandments monument in a public park in Utah. The Tenth Circuit ruled with little known church that the city it must allow followers of the Summum religion to erect a similar monument displaying the “Seven Aphorisms of Summum.” Continue reading “Supreme Court Takes New Ten Commandments Case”
In yet another loss for the Bush Administration in the case of accused Rep. William Jefferson, the United States Supreme Court today denied its appeal on the issue of the constitutionality of its raid of a congressional office. Continue reading “Supreme Court Denies Review in the Jefferson Case”
There is a growing clamor on the Internet over an effort by some Texans to strip Scientology of its status as a religion — a move that would expose the Church of Scientology to both taxes and greater regulation. This move occurs as various countries continue to move against the Church and the Church is threatening lawsuits over the disclosure of confidential tapes and materials. Most recently, Wikileaks has made available the entire secret Operating Thetan (OT) documents — a move that could trigger another round of litigation by the Church. Continue reading “Texans Seek to Strip Scientology of Religious Designation”
Parents of a 15-month-old baby have been criminally charged in her death after they allegedly refused to get medical assistance due to their faith-healing religions. Carl Worthington, 28, and Raylene Worthington, 25, have been charged in the death of their daughter, Ava, on March 2. It is only the latest of a litany of such disturbing cases. Continue reading “Faith-Healing Parents in Oregon Charged With Death of Daughter”
Former Solicitor General Ted Olson, a Republican backing McCain, and Harvard Law Professor Laurence H. Tribe, a Democrat backing Barack Obama, have issued a paper finding that John McCain is “natural born” under the Constitution. Continue reading “Olson and Tribe Argue that McCain is Natural Born”
In Wisconsin, another case of alleged religion-based abuse is being investigated after 11-year-old girl Madeline (“Kara”) Neumann died of untreated diabetes as her parents prayed for divine intervention. The last time Kara had reportedly been to a doctor was at age three. Notably, this follows just days after the death of 15-month old Ava Worthington in Oregon in a case that will test one of the new faith healing laws. Continue reading “11-Year-Old Girl Dies of Untreated Diabetes as Parents Pray for Spiritual Healing”
Today, the Supreme Court will hear the case of Indiana v. Edwards and explore the question of the limits as self-representation — the subject of the column below. Continue reading “A Fool and His Lawyer: Can You Be Competent to Stand Trial But Unfit to Represent Yourself?”
In Alabama, Presiding Covington County Circuit Judge M. Ashley McKathan has long been criticized for his insistence on practice religion and law at the same time. Now, he is being cited for ordering 100 people to form a “circle of prayer” and then dropping to his knees in prayer in his courtroom. Continue reading “Alabama Judge Orders Courtroom into a “Circle of Prayer””
The Supreme Court will hear an important case on self-representation this coming week in the case of Ahmad Edwards. The case out of Indianapolis could well re-define the limits of self-representation in cases where a defendant is viewed as mentally unstable. Continue reading “Supreme Court Takes Up Self-Representation”