Category: Courts

Courts, Criminal law, Justice, Media, Society

In One Texas Town, There is No Such Thing as Rape!

Submitted By Lawrence Rafferty, (rafflaw), Guest Blogger

 

I actually thought that I had misread the article when I first read it.  It described the horrific gang rape of an 11-year-old in the Texas town of Cleveland.  Eighteen young men and teenagers have been charged with the rape that is alleged to have started in a house and eventually moved to a deserted trailer nearby.  I am sure that this kind of vicious crime occurs all too often in our country, but there is one thing that makes this crime a little different.  Many of the townspeople are blaming the eleven year old girl for her own gang rape! Continue reading “In One Texas Town, There is No Such Thing as Rape!” →

Bizarre, Courts, Criminal law, Justice

When Judges Become Linebackers

Submitted by Mark Esposito, Guest Blogger

Poster’s Note: Today’s  will be my last set of posts for a couple of weeks. Suzanne and I will be traveling to her family’s homeland for a pint and song or two. I’ll try to send JT a picture from Dublin on St. Patrick’s Day. Erin Go Braugh !

America's Version of a Football Judge, Hon. David Doty, Embroiled in His Own Contest

The usual skills of judgeship like prudence, patience, neutrality, and gravitas pale sometimes to good tackling form. His honor Judge Marks Moore,60, learned that fact the hard way immediately following a jury trial in his London courtroom.

Continue reading “When Judges Become Linebackers” →

Constitutional Law, Courts, Criminal law, Justice, Lawyering, Supreme Court

Ashcroft v. al-Kidd

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

I have been concerned lately about the Constitutional attacks that we have discussed here on Prof. Turley’s blog. One case that I have noticed lately received very minimal main stream media attention and it concerns a vitally important issue. This past week the ACLU argued a case in the Supreme Court that challenges the government’s use of the Federal material witness statute to pick-up and hold in detention an American citizen named al-Kidd who was arrested by Federal authorities in 2003 and detained for over two weeks without a charge. Continue reading “Ashcroft v. al-Kidd” →

Constitutional Law, Courts, Criminal law, Justice, Lawyering, Military

Stop The Torture of Pvt. Bradley Manning

 

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 

The nightmare started back in July of 2010.  Pvt. Bradley Manning was arrested and detained in the Brig at the Quantico Marine Base on allegations that he stole and then leaked classified documents to Wikileaks.  The conditions that Pvt. Manning has been held under have been outrageous from the start. He has suffered shackling, solitary confinement and he has not been allowed normal contact with visitors and the outside world.  His visitors have been denied access to him and now the latest humiliating tactic being used by the Department of Defense is to force Pvt. Manning to strip naked in his cell for hours!  Continue reading “Stop The Torture of Pvt. Bradley Manning” →

Bizarre, Courts, Criminal law, Lawyering

No, No, No, You Silly Drunk: Drink First Then Take Field Test

Submitted By Mark Esposito, Guest Blogger

Stephen Supers of  Elyria, Ohio can’t seem to get anything straight. Pulled for speeding, the 25-year-old gave the arresting officer the distinct impression  he was DUI. After failing several field sobriety tests, the alleged offender confirmed the officer’s suspicion and calmed his nerves by slamming back a beer he conveniently had stashed in his car. A subsequent search of the car revealed some other goodies like marijuana. (Quite the mobile pharmacy, you have there, Stephen– allegedly) 

Continue reading “No, No, No, You Silly Drunk: Drink First Then Take Field Test” →

Courts, Politics, Society

Florida Court Stays Decision on Healthcare — Allowing Continued Implementation of the Law

After U.S. District Court Judge Roger Vinson struck down the healthcare law, we discussed a curious part of his opinion where he declined to grant injunctive relief but then stated that it was not necessary because his declaratory judgment served the same function. I disagreed with that view and recently the Justice Department decided to call the bluff and ask if Vinson believed that he had barred the implementation of the law nationally. They won. Vinson ruled yesterday that the Administration could continue to implement the law — despite various states citing his opinion as the basis for refusing to work with the federal government in implementing the law.
Continue reading “Florida Court Stays Decision on Healthcare — Allowing Continued Implementation of the Law” →

Bizarre, Courts, International, Lawyering

English Woman Receives Damages for Paralyzing Fall at 33 Years in India

This story caught my eye on Reddit because last night I went to a dinner in Milwaukee and discussed how it still takes decades for a civil case to be brought to verdict in India — a huge barrier to businesses and firms in that country. As a demonstration of the problem, it took 33 years for an indian court to award $1 million to Susan Leigh Beer for a fall that paralyzed her on a dirty floor at a pool at the Akbar Hotel in Delhi.

Continue reading “English Woman Receives Damages for Paralyzing Fall at 33 Years in India” →

Constitutional Law, Courts, Criminal law, Supreme Court

Supreme Court Upholds Use of Dying Statements as “Non-Testimonial” Evidence

The Supreme Court has ruled that a mortally wounded man’s dying statement is “non-testimonial” and can be used to convict a man of murder. The ruling, written by Justice Sonia Sotomayor raised serious concerns under the confrontation clause of the Constitution. Notably, the strongest voice against the ruling came from Justice Antonin Scalia. Justice Kagan did not participate in the decision in Michigan v. Bryant.

Continue reading “Supreme Court Upholds Use of Dying Statements as “Non-Testimonial” Evidence” →

Courts, Media

Applying Trademark Law to Fictional Brands

-Submitted by David Drumm (Nal), Guest Blogger

Benjamin Arrow, a 3L at Fordham University School of Law, has raised an interesting question in his article for The Fordham Intellectual Property, Media & Entertainment Law Journal. Can a use in fiction constitute a “use in commerce” sufficient to reserve priority rights in a trademark?

In 1996, Fox won a preliminary injunction against two Australian breweries for manufacturing a product called “Duff Beer.” Fox is also pursuing lawsuits against other breweries, but what harm could Fox allege?

Continue reading “Applying Trademark Law to Fictional Brands” →

Constitutional Law, Courts, Justice, Politics

Is Free Speech Really Free?

 

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 

After a few recent discussions about Free Speech in earlier threads, I came across another example of how limited our Free Speech really is.  At a recent speech by Secretary of State Hillary Clinton, a former CIA employee, Ray McGovern, attempted to protest her speech about Democracy and Freedom of Speech and how the freedom to disseminate information helped the Egyptians rid themselves of a brutal dictator.  Continue reading “Is Free Speech Really Free?” →

Constitutional Law, Courts, Politics, Society

Jeff Cox Responds to Criticism in Mother Jones Article

After the posting this morning over the controversy involving former Indiana Deputy Attorney General Jeff Cox, I had an opportunity to discuss the allegations with him in detail. Cox makes an interesting free speech case over his treatment and later termination for comments that he made on Twitter and on his blog. I wanted to share some of those details and the concern over a termination based on a lawyer’s statements in his private life.
Continue reading “Jeff Cox Responds to Criticism in Mother Jones Article” →