Category: Courts

Bizarre, Courts, Criminal law, Media, Society, Things That Tick Me Off

Not So Happy Valley

Submitted by Mark Esposito, Guest Blogger

Happier Times: Sandusky (left) with Paterno

The reports from State College, Pa are shocking. Long-time assistant to iconic coach, Joe Paterno, charged with multiple counts of deviant sexual acts with at least eight minors — most under age 12. University administrators who did nothing despite horrific credible eyewitness accounts of  explicit sexual acts in locker rooms and showers. Disadvantaged kids taken advantage of by an authority figure who founded an organization ostensibly to help them, but apparently designed to fulfill his own aberrational desires.

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Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Society, Things That Tick Me Off

Richmond, VA Photographer Arrested For Trespass on Public Street

Submitted by Mark Esposito, Guest Blogger

Richmond, Va photographer, Ian Graham, must be wondering where he was this past Monday as he was arrested by local police for trespassing on a city street. Graham, who was photographing police arresting demonstrators in the Occupy Richmond protest, was told by police he was trespassing as he politely stood near a public crosswalk  recording the goings on with his camera. Police claim they told Graham he could take photos but only in the designated “media area,” which was, of course, far from the scene of the arrests.

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Courts, Criminal law, Lawyering, Society

Texas Judge Under Investigation After Daughter Releases Video of Savage Beating

County Court-at-Law Judge William Adams has become an Internet sensation, but not in a good way. A video was posted that purportedly shows the judge beating his disabled teenage daughter. Now, the YouTube video has triggered a formal investigation. The 2004 beating by the judge was reportedly due to her use of the Internet without his permission. The daughter leaked the video entitled “Family law judge beats own daughter for using the internet, please spread” to expose what she says is her father’s untreated “problem.” The daughter who has cerebral palsy was caught downloading music.
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Bizarre, Congress, Constitutional Law, Courts, Criminal law, Politics, Society

ICE Balls: Federal Agents Announce “We Don’t Need a Warrant, We’re ICE”

Over the last few decades, the courts and Congress have gradually made the warrant clause of the Fourth Amendment superfluous. Now the majority of searches in the United States are done without searches and private companies are now conducting searches for copyright and trademark infringements with the pleasing of Congress (and the lobbyists that shape the laws). Now, government agents have been offering a type of inverse Miranda warning — explaining that we don’t need stinking warrants in raiding homes. In a recent raid, Immigration and Customs Enforcement (ICE) agent were asked if they had a warrant, one agent reportedly said, “We don’t need a warrant, we’re ICE,” and, gesturing to his genitals, “the warrant is coming out of my balls.”
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Courts, Lawyering, Supreme Court

Holdings, Dicta, And Stare Decisis

-Submitted by David Drumm (Nal), Guest Blogger

Holdings, or ratio decidendi (Latin for “the rationale for the decision), are those parts of a court’s opinion that are binding on lower courts and later courts. This binding is referred to as the doctrine of stare decisis which provides hierarchical (vertical) and temporal (horizontal) continuity throughout the judicial system. Obiter Dicta (Latin for a statement “said in passing”), or dicta, are those parts of a court’s opinion that are not binding on lower courts and later courts. Dicta may suggest an interpretation of the law that may prove useful in future cases.

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Congress, Constitutional Law, Courts, Free Speech, Justice

The Unholy Marriage Between the CIA and NYPD

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

If you think the Government is allowed to spy on Americans too much already, this next story will increase your blood pressure.  It was recently disclosed by the Associated Press that a CIA undercover operative has been directly advising the New York Police Department for at least 3 months.  I could have sworn that it was illegal for the CIA to spy on Americans, but nothing has been done to curb this possible violation and abuse of American’s privacy. Continue reading “The Unholy Marriage Between the CIA and NYPD” →

Congress, Constitutional Law, Courts, Lawyering, Military, Politics

Federal Judge Dismisses War Powers Challenge By Members of Congress

Soon after the news that Gadhafi had been shot, Judge Reggie Walton issued an opinion dismiss the lawsuit by members of Congress challenging the war powers claim underlying the intervention in the Libyan war without a declaration of Congress. I represent the members in that litigation. The Court declined to rule on the merits of the constitutional claims and instead held that the court does not have jurisdiction to rule on such questions. Despite the timing, the opinion did not turn on the removal of Gadhafi. The opinion is below.
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Courts, Religion, Torts

Church Under Fire After Three People Die After Being Allegedly Told To Stop AIDS Drugs In Favor Of Prayer

Now, this could make for an interesting torts lawsuit. The Synagogue Church Of All Nations (SCOAN), a Nigerian-led Evangelical Christian church in London, has claimed to have the cure of people with HIV that involves their stopping all medications and praying for a cure. The results, critics say, has been not the promised “miracle” but three deaths.
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Courts, Criminal law, Justice, Religion

CATHOLIC BISHOP INDICTED

Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

I was surprised when I read an article yesterday that reported the news of an indictment that was handed down in Jackson County, Missouri.  You may be asking what is unusual about one more  indictment in the State of Missouri?  The news worthy aspect of this indictment is the person and organization that was indicted.  The Grand Jury in Jackson County indicted the Roman Catholic Diocese of Kansas City-St. Joseph as well as its Bishop, Bishop Robert Finn!  Continue reading “CATHOLIC BISHOP INDICTED” →

Constitutional Law, Courts, International, Media, Politics, Supreme Court

Obama and Civil Liberties: Talk of the Nation

Today, I will appearing on the National Public Radio (NPR) program, Talk of the Nation to discussing my column in the Los Angeles Times on Barack Obama’s disastrous impact on civil liberties in the United States. The piece has generated some interesting discussion on the LA Times blog as well as other blogs. Despite my disagreement with some of the commenters, any discussion of civil liberties is welcomed in this political atmosphere. Ironically, the day of the column (which specifically discussed the President’s assertion of his right to kill citizens he considers terrorists), President Obama ordered the killing of U.S. cleric Anwar al-Aulaqi and reportedly a second U.S. born cleric. [Update: Here is the TOTN interview].

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Bizarre, Courts, Lawyering, Media, Politics, Society

Law Professor Files Ethics Complaint Against Crowell & Moring Lawyers For Inbreeding Remark

An assistant law professor Jason Huber of the Charlotte School of Law in North Carolina has filed an ethics complaint against four Crowell & Moring lawyers in a rather novel case. He accuses the lawyers of suggesting that inbreeding could be responsible for Appalachian birth defects found in a study of mountaintop mining.
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Constitutional Law, Courts, Criminal law

Justice Department Appeals Alabama Immigration Ruling

The Obama Administration is moving against the new Alabama law on illegal immigration — as it has the Arizona law. I have discussed the novelty of such challenges, which may soon include other states. I will be discussing the Alabama law on NPR’s Diane Rehm Show on Wednesday, October 5th.
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Bizarre, Courts, Criminal law

Call of Crazy: Gamer Attackes Teen Who Killed His Character

Submited by Mark Esposito, Guest Blogger

We’ve known for years that exposure to violence makes humans more likely to commit violence themselves. TV violence is especially pernicious and can have effects lasting decades. Now that applies to participatory virtual violence as well.

Mark Bradford, a 46-year-old resident of Plymouth, England attacked a 13-year-old boy who had just “killed” his virtual fighter in the wildly successful computer game, Call of Duty:Black Ops. The two were playing the game over the Internet when Bradford’s character was shot during a battle scene.  The enraged father of two promptly raced over to the boy’s nearby home and grabbed the young man by the throat using both hands. The child’s mother fought him off and called police.

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