Submitted by Mark Esposito, Guest Blogger
An Ohio Judge and two public defenders are in the Spirit. Hearing the plight of a formerly homeless woman attempting to expunge her record of a minor felony, the three came up with the $57.00 needed to pay her restitution and allow the Cleveland native a new lease on life. Said Judge Timothy McCormick, “it seemed like the easiest and best thing to do, especially given the season.” Amen.
Source: msnbc.com
~Mark Esposito, Guest Blogger
SUBMITTED BY LAWRENCE RAFFERTY, GUEST BLOGGER
I recently read that U.S. Rep. Michele Bachmann is coordinating a crash course on the Constitution for the new members that will be joining the House in January. I was a little surprised that one of the guest speakers for that course will be Supreme Court Justice Antonin Scalia. While it is not unusual for Supreme Court Justices to interact with members of Congress, it disturbs me that Justice Scalia will be meeting with the Tea Party Caucus behind closed doors. These very same members of the Tea Party Caucus have very definite ideas and opinions on current national issues that may reach the Supreme Court in the near future. This recent article in Bloomberg suggests that Justice Scalia’s presentation will “…focus on separation of powers, said Kathy Arberg, the Supreme Court’s spokeswoman.” http://www.bloomberg.com/news/2010-12-15/scalia-will-deliver-speech-before-bachmann-s-tea-party-caucus.html Continue reading “IS IT ETHICAL ERROR FOR JUSTICE SCALIA TO MEET THE TEA PARTY CAUCUS?”
-Submitted by David Drumm (Nal), Guest Blogger
That would be Judge Henry Hudson who recently struck down the Minimum Essential Coverage Provision of the Affordable Care Act that requiring all citizens obtain health care coverage, here. In one corner we have Orin S. Kerr, professor of law at The George Washington University Law School. In the other corner we have Kurt T. Lash professor of law at The University of Illinois College of Law.
It is Necessary and Proper that you read on.
Submitted by Mark Esposito, Guest Blogger
The Feds have arrested 35-year-old Californian, Marc Knapp, for trying to sell an F-5B fighter jet to Iran. Knapp was nabbed in a government sting operation that crisscrossed the country from Pennsylvania to California and even ranged to Budapest, Hungary. For his part, Knapp was unconcerned that the nation that once promised “Death to America,” and is reputedly looking for a nuclear weapons capability might acquire an US-made fighter jet.
One of the reasons for opposition the European Union was the ability of EU courts to dictate social policies within different countries. This issue is likely to come to a head for some critics with the ruling this week by the European Court of Human Rights that Irish abortion laws violate the rights of a woman seeking abortions in Britain.
Continue reading “European Court Rules Woman’s Human Rights Were Violated in Being Denied Abortion in Ireland”
New Jersey is dealing with a novel strike. New Jersey Supreme Court Justice Roberto Rivera-Soto had gone on strike in protest to what he believes is the unlawful appointment of a temporary replacement for Justice John Wallace, who was not re-appointed by Gov. Chris Christie. Rivera-Soto believes that there is no authority for such an appointment and has refused to participate in cases with the interloper.
Continue reading “New Jersey Justice Goes On Strike Over Appointment of Temporary Justice”
Submitted by Mark Esposito, Guest Blogger
Author’s note: This is my third submission about events of historical significance following pieces about George Washington and The Boston Tea Party. It is quite lengthy and for that I apologize, but the story and the people involved are both larger-than-life and fascinating. I hope you enjoy reading this history as much as I do writing about it.
Clutching the mahogany bannister of his elegant home located in the Shockoe neighborhood of Richmond’s River District, the old man haltingly descended the steps. Sweating profusely, and doubling up in pain, he could not even summon the energy to cry out. Almost falling numerous times, the ‘father of American jurisprudence,” finally reached the kitchen only to find his freed-slave housekeeper, Lydia Broadnax, and her son, Michael Brown, writhing in distress and afflicted with the same intestinal ailment. Hours later when one of the triumvirate of Richmond’s elite medical establishment would arrive, the Judge would purposefully sit-up in his bed to declare, “I am murdered.” It was May 25, 1806. Fourteen agonizing days and numerous repetitions of the charge later, that prediction would come true.
Continue reading “The Curious Death of George Wythe: “I Am Murdered!””
Thomas Drummond is a resourceful fellow. Driving in the unfamiliar wilds of southeastern Missouri, Drummond spun out on icy roads and ended up in culvert. In his last-“ditch” effort to notify someone of his plight, he texted his girlfriend about the accident around 2:00 a.m., but, in a curious omission, forgot to tell her the location. Two hours later, a soused (0.148 BAC) Drummond was found by the highway patrol and promptly arrested for operating a motor vehicle while under the influence of alcohol.
Continue reading “Get Lost, Get Cold, Get Drunk, Get Acquitted”
The United States Senate will convene with all 100 members this morning for the final arguments in the impeachment of Judge G. Thomas Porteous. Final motions arguments will commence at 9:45 am on the Senate floor.
Continue reading “THE PORTEOUS IMPEACHMENT: FINAL ARGUMENTS”
Circuit Court Judge F. Lee Russell in Shelbyville, Tenn., clearly does not get that whole “justice delayed is justice denied” thing. Russell has been reprimanded for “excessive delay” after he waited nearly 11 years to rule on a case.
Continue reading “Tennessee Judge Reprimanded For Waiting 11 Years To Rule On Case”
We’ve seen on this blog how lack of girth can be a “Get-Out-Of-Jail-Free” card for some folks. Can the “Bust Defense” to crimes be far behind? Well, it’s here now—just a tad east. Tokyo pinup model, Serena Kozakura, won her 2008 criminal case using her 44’s. No violence involved, just a little physics to prove that she was unable to fit through a hole. Seems our buxom lassie was charged with breaking into the home of an ex-boyfriend to confront the man about seeing another woman. When the hole in the man’s “kicked-in” door was measured it was determined that Kozakura’s 44 inch bust would not fit the space. The trial court convicted her anyway rejecting the OJ “if it doesn’t fit ….” defense, but an appeals court reversed.
The U.S. Copyright Group has long been criticized for its tactics in pursuing people for copyright infringement of movies or music. Critics charge that USCG coerces people to settle for thousands of dollars to avoid high litigation costs and penalties. USCG sues thousands of people in a given year to force such settlements in what is legitimately described as a factory operation by Dunlap, Grubb and Weaver. One attorney, Graham Syfert, says he tried to even the playing field by publishing a “self-help” guide on how laypersons can fight USCG. The attorneys at USCG reportedly responded by suing Syfert.
The D.C. Council has unanimously approved a law that makes it a crime to wear a mask while protesting outside of a resident. This bizarre law was passed because animal rights activists have been protesting outside of residences in Washington. The problem is that the law could be used to curtail free speech and gives the police another arbitrary basis to arrest protesters.
Continue reading “D.C. Council Unanimously Criminalizes Wearing Masks During Residential Protests Over Objections of Civil Libertarians”
It is that time of the year for our annual blawgletting — the ABA top blog competition. We have once again been selected as one of the top 100 legal blogs (of over 3000) and nominated for the IMHO (opinion) category and it is time to release our minions upon the field of blog battle. Vote here to defend our way of life and the future of the planet.
Just ran across this gem. Who is the funniest Supreme Court Justice? A 2005 study reported in the New York Times has the answer. Boston University Professor J.D. Wexler has conducted a survey of the transcripts of SCOTUS oral arguments, and … drum roll, please … Justice Antonin Scalia is the semi-official “Court Jester,” with 77 laughs. Justice Stephen Breyer came in second with 45, and Justice Ginsburg quipped in just four laughs. Bringing up the rear was the “Harpo Marx” of the troupe, Justice Clarence Thomas, who added zero Continue reading “Take My Scalia, Please!”