As anticipated, the Supreme Court ruled unanimously in favor of Wal-Mart in an important workplace discrimination case. The Court divided 5-4 in adopting more stringent standards for future cases. From the outset, I viewed this as an extremely bad case that would likely make bad law for those fighting workplace discrimination. It now has.
Continue reading “Supreme Court Rules In Favor Of Wal-Mart in Important Discrimination Case”
Chief Judge James Ware of Federal District Court for the Northern District of California has rejected a motion for disqualification of Judge Vaughn Walker (shown left) because of his longtime relationship with his partner. Judge Ware noted that there was no evidence that Judge Walker intended to marry his partner.
Submitted By Mark Esposito, Guest Blogger
The Central Arkansas Coalition of Reason has a First Amendment problem. When the coalition of atheists, agnostics, and skeptics attempted to place advertising on Little Rock transit buses, they were met with an unusual demand. In order to place $5,000.00 worth of advertising, the Central Arkansas Transit Authority (CATA) required them to purchase insurance against angry Christians in the amount of $36,000.00. The policy was needed said the bus company’s ad agency, On The Move Advertising, because a handful of similar ads had been vandalized in other states.
Continue reading “Will Free Speech Have To Make A Bus Stop In Arkansas?”
In an important decision, the Ohio Supreme Court has struck down the statutory rape law as applied to defendants younger than 13 years. We have seen continued abuses of statutory rape laws where two minors are involved, but prosecutors charge the boy for sex with a minor. It is an opinion (below) that could be considered by other courts to consider this use of statutory rape laws as well by governors considering commutations for defendants charged as minors.
Continue reading “Ohio Strikes Down Application of Statutory Rape Law To Minor Defendants”
There is an interesting free speech case out of Otero County, New Mexico. Hearing commissioner Darrell Brantley of the Otero County Domestic Violence Court has recommended an order of protection for Nani Lawrence against Greg A. Fultz after Fultz paid for a pro-life billboard criticizing the abortion of their alleged child. Brantley also wants the billboard taken down as a violation of Lawrence’s right of privacy.
Continue reading “New Mexico Billboard Triggers Fight Between Privacy and Free Speech”
-Submitted by David Drumm (Nal), Guest Blogger
The California Supreme Court has ruled on a case involving California’s pimp law. Jomo Zambia was in his car at a “notorious intersection,” known for its plethora of prostitutes. He offered his pimp services to a woman he believed to be a prostitute. These services “included providing housing and clothing, if she turned over all of her money to him.”
The prostitute turned out to be an LAPD Officer working undercover. Zambia was arrested and later convicted of the crime of pandering, as one who “induces, persuades or encourages another person to become a prostitute.”
Former prosecutor Stephen Lopresti will keep his law license after jurors acquitted him of fixing tickets. Lopresti was charged with felony DWI after a 2006 accident in the Bronx. Despite the testimony of two corrupt officers, the jury found Lopresti not guilty.
In Laconia, New Hampshire there is an interesting case that may give some of our clients pause before accepting a plea bargain. Jonathan E. Lord, 25, had accepted a plea bargain to spend one year in jail for trying to run over Police officer Michael Finogle. However, Judge James O’Neill III rejected the plea (because he felt the plea was too lenient) so the case went to trial . . . and Lord was acquitted of one felony charge of reckless conduct and two misdemeanor charges of disobeying an officer and reckless operation.
Continue reading “Good Lord: Judge Rejects Plea As Too Lenient, Jury Then Acquits Defendant”
A British author Alan Shadrake, 76, is the latest victim of a worldwide trend of attacks on free speech. Shadrake wrote a book entitled Once a Jolly Hangman: Singapore’s Justice in the Dock detailing the inequities and unfairness of the Singapore justice system. The response of Singapore’s courts was to convict Shadrake and throw him in jail for contempt. The abusive case should be a rallying point for civil libertarians around the world, not to mention any Singaporeans who value free speech and the rule of law. The Singapore government compounded the abuse by banning the book.
-Submitted by David Drumm (Nal), Guest Blogger
Since the infamous videoing of the Rodney King beating, the power of the video to publicize police brutality, and the subsequent risk of legal and financial repercussions, has led states to criminalize the recording of police. With the proliferation of cell phones cameras and the ability to upload to YouTube, the risk for police is even greater today. If the police have nothing to hide, then there should be no objection to recording them performing their public duties.
The Kentucky Supreme Court has handed down an important ruling (below) that Christopher Egan can make a paternity claim even if the child is the result of an adulterous affair. It is the rejection of a long-standing bar on such claims under a type of “dirty hands” rule for adulterous affairs. The court turned its back on a long line of morality based cases once called “bastardy cases.” Justice Bill Cunningham (right) in dissent accused the court of throwing the institution of marriage on the “funeral pyre of modern convenience and unanchored values.” Justice Daniel Venters (left) excellent majority decision is available below.
Continue reading “Kentucky Supreme Court Recognizes Paternity Claim From Adulterous Affair and Puts An End To The “Bastardy Cases””
We have watched as lobbyists for RIAA and other companies have steadily increased trademark and copyright limitations, including new criminal penalties. Now, State. Sen. Alex Padilla (D., Los Angeles), has sponsored RIAA legislation in California that would allow law enforcement to enter optical-disc plants and seize disc-stamping equipment, and pirated movie and music discs without a court warrant.
Members of Congress are taking steps to make the war on terror permanent — and make the Constitution optional — for future presidents. Only days after the killing of Osama Bin Laden, members are moving to relieve presidents of any need for approval from Congress — or anyone — in committing troops in the fight against terror. The bill would take the “The Authorization for Use of Military Force” passed after 9-11 (and used to justify two almost ten years of worldwide attacks) and extend it to allow military operations against any “associated forces that are engaged in hostilities against the United States.”
In Holdenville, Oklahoma, Eric Torpy surprised the prosecutor and judge when he received a 30-year sentence for armed robbery and two counts of shooting with intent to kill. Instead of complaining about the length of the sentence, he asked that it be increased by three years so it would match the Celtic’s Jersey number of his idol, Larry Bird. Oklahoma City Judge Ray Elliott agreed. He is now complaining that the judge and prosecutor should not have yielded to his demand and asks “Why feed into my game? I’m a criminal.’’
Continue reading “Bird Brain: Oklahoma Defendant Asks For Three More Years So Sentence Will Match Larry Bird’s Jersey Number”
Submitted by Elaine Magliaro, Guest Blogger
Anyone who has ever attended a baseball game at Fenway Park in Boston has probably seen hundreds—maybe even thousands—of people walking around the stadium wearing T-shirts emblazoned in large letters with the words “Yankees Suck.” It appears now that Red Sox fans aren’t the only folks who hold that opinion of baseball’s most valuable franchise. According to Reuters, three current and former waiters who have served food and drinks to fans sitting in the premium seats at Yankee Stadium have filed a lawsuit against Legends Hospitality—a company founded and owned by the New York Yankees, the Dallas Cowboys, and Goldman Sachs.
Continue reading “Who’s Taking Tips from Food Service Workers at Yankee Stadium?”