We recently discussed the Supreme Court’s landmark decision in Schuette v. BAMN that states, like Michigan, can prohibit any use of race in admissions in a “color-blind” state entrance system for colleges and universities. Now, a leading school in one of the states with such a color-blind rule is being accused of violating state law by one of its professors. Tim Groseclose, a political science professor at UCLA, has posted data that he was able to obtain from the school that he argues is proof of “cheating” by school officials who refuse to comply with the state law. The question is whether this will be the basis for a post-Schuette challenge in states like California.
Category: Courts
Submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor
I was going to write this last weekend on the actual 44th anniversary of a very sad event. For some reason, I had a hard time focusing on what I wanted to say, in light of the many emotions that were going through my head. I don’t want the anniversary to go by without writing about the personal significance that day in May had on my life, and I believe on the lives of many in my generation. The Pulitzer Prize winning photograph by John Filo, included above from Wikipedia, is one that I have never forgotten. Nor should anyone forget it. Continue reading “May 4th, 1970, The Day My Generation Lost Its Innocence”
By Mark Esposito, Weekend Contributor
Author’s Note: Grace Under Pressure is an ongoing series of posts honoring everyday people who courageously make positive differences in their own lives and consequently in the lives of others. It is my own personal affirmation that unexpected heroes live among us and that their service is quiet but unshakable proof that virtue really is its own reward – and ours, too.
They buried little eight-year-old Martin Cobb, Jr. here in Richmond (Va.) on Friday afternoon. Rev. Theodore L. Hughey, pastor of Abundant Life Church, praised the youngster for his courage and then went on to condemn the community and the bureaucrats who oversee it for letting crime fester and forgetting about the children who suffer from it. A handmade sign above the tiny coffin read “Pound for pound, year for year, few greater heroes … if any.”
And little Martin, as his neighbors in the Mosby Court public housing project knew him, was a hero. A small stature caused by an open heart surgery while he was just three-months-old hid a fighting spirit. Many neighbors thought he was only three or four years old. One of them, Harry Hunter, recalled that “He was so small, I used to carry him in my book bag.”
But no one “carried” Little Martin on Thursday evening a week ago when he died defending his sister from a sexual attack at the hands of an alleged 16-year-old sexual predator who, at his young age, had already been charged with viciously assaulting another young boy and has suffered mental health issues.
Continue reading “Grace Under Pressure: Little Martin Cobb, Jr. And The Courage of Change”
By Charlton (Chuck) Stanley, Weekend Contributor
The sad case of Cook County (Illinois) Judge Cynthia Brim has been discussed on this blog previously here and here. To sum up, she had a mental breakdown while holding traffic court on March 8, 2012.
She went on a paranoid rant, accusing police of targeting minorities for traffic tickets. For the next 45 minutes, she rambled on about her childhood as well as describing at least five prior hospitalizations for mental illness. During her rambling outburst, she told her audience she was once removed from the courtroom by paramedics after a previous breakdown.
Witnesses reported she said, “Not only men have balls, but women can have balls too. You just have to grow them.”
Continue reading “Mentally Ill Judge Cynthia Brim Removed From the Bench”
By Darren Smith, Weekend Contributor
Absolute monarch Sultan Hassanal Bolkiah of Brunei announced in January a harsh form of sharia law will be enacted. Effective in three phases beginning now and spanning two years, the edict eventually allows for the stoning to death of homosexuals, adulterers, and apostates; for amputation of limbs for those convicted of theft; and flogging for abortions and the consumption of alcohol. The capital offense provisions of the law reportedly apply only to Muslims.
Sultan Bolkiah claims this is a step in solidifying a long cultural tradition in the sultanate which was established in the fourteenth century. Increasingly conservative Muslim politicians and officials in Brunei, Malaysia, and Indonesia are beginning to move from sharia being limited to family matters to now criminal law and capital offenses. Acheh in Indonesia is included especially. While Brunei enjoys one of the highest per capital income in the world, has many social benefits such as effectively free health care and education, its population of over 416,000 individuals now is seeing human rights restricted in a trend that is generating international condemnation in the West. Al-Jazeera reported that many members of the Muslim ethnic Malay majority have voiced cautious support for the changes. However, non-Muslim citizens, who are fifteen percent of the population, led a rare burst of criticism on social media earlier this year, but largely went silent after the sultan called for a halt.
“Theory states that God’s law is harsh and unfair, but God himself has said that his law is indeed fair,” the sultan said.
But will Western governments be willing to isolate countries engaging in abuses of individuals and oppression of the human rights of populations or is trade and money going to become the focus and inconveniences such as abuse continue to be ignored?
The United States Court of Appeals for the Second Circuit has handed down a major decision on responsibility for 9-11 liability. In a decision by Judge Dennis Jacobs, a panel ruled that American Airlines, United Airlines and the World Trade Center leaseholder are not liable for environmental cleanup costs for the attacks in New York City. It is not the conclusion but the rationale that raises concerns about the immunity decision. The panel ruled that none of these parties were responsible for the attacks because it constitutes an act of war. That rationale negates the obvious responsibility of not just the government in ignored numerous indicators of the attacks but the refusal of the airlines to take rudimentary security changes advocated for years such as secure cockpit doors and flight protocols. The decision is In Re September 11 Litigation, 2014 U.S. App. LEXIS 8293.
We often discuss civility on this blog and we have had some serious challenges to our rule from those who have denounced civility as a standard, including the hosts of some blogs. Indeed, we have discussed the gradual decline of civility and courtesy in society from sporting events to television. Now the California bar is taking a commendable stand and requiring new lawyers to take an oath to behave with “dignity, courtesy and integrity.” That may surprise you if you assumed that such a commitment is already express in the oath of lawyers in all states. It is not and the change was a direct response to what the California bar found was (much like our own experience) a rapid decline in civility among lawyers.
Continue reading “California To Require New Lawyers To Swear To Civility In Practice”
By Darren Smith, Weekend Contributor
Three al-Jazeera reporters were in court for a hearing in Cairo, Egypt where a judge wished them a Happy World Press Freedom Day before denying them bail and remanding them for further proceedings beginning May 15th.
The defendants, al-Jazeera English’s Cairo Bureau Chief Mohamed Fahmy, Reporter Peter Greste, and Producer Baher Mohamed have been incarcerated since December and are accused of creating false news, slandering Egypt’s reputation, and aiding terrorists. Prosecutors have been attempting to show that al-Jazeera is aiding the banned organization the Muslim Brotherhood, which is considered an enemy of the state.
Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor
When I think of places that would be ideally suited for taking advantage of solar power, Arizona is high on the list. There are approximately 20,000 Arizona buildings utilizing solar collection technology to replace or supplement normal power sources. However, that number may soon decrease if a new “solar tax” is implemented.
“A new interpretation of state law in Arizona could force customers to pay property taxes on leased solar panels. In a state with an estimated 20,000 solar customers and 85 percent of new solar installations being leased systems, the implications of an extra charge are tremendous. The new tax could result in an additional $152 per year for a residential solar array and even more for larger installations, the Arizona Republic reported. What’s more, the tax would apply to both new and existing customers.” Think Progress
At first glance, I guess it should not surprise anyone that a new tax may be initiated. However, when that tax is a tax on solar panels on commercial and residential buildings and includes solar panel arrays that are leased, it raised some eyes in Arizona. Why would the State of Arizona decide on a tax on the collection of power of the sun? The answer may surprise you. Continue reading “The Arizona Solar Tax and Who Benefits From It”
I have been a long critic of many of Justice Clarence Thomas’ opinions which often reject basic individual rights while embracing police and national security powers. However, I believe that Thomas is often treated unfairly for being a black conservative on the Court. While others like Justices Alito, Scalia, and Roberts routinely vote along the same lines, Thomas’ race is commonly cited in commentary while that is not a factor in the other justices on the right of the Court. This unfairness was vividly shown by the comments of Democratic Rep. Bennie Thompson (D-Miss.) that Thomas is an “Uncle Tom” and suggested that he was not an authenticate black person. He has refused to retract or apologize of the attack. In the meantime, Democrats are uniformly silent in the face of this uncivil and outrageous attack.
We have been discussing the Court’s ruling in the Michigan affirmative action case, Schuette v. BAMN. This included a recent column in CNN with two of my George Washington law students. This Sunday, civil rights attorney Shanta Driver went on Fox News Sunday to denounce the decision as “racist” and presumably anyone supporting the result. The comments caused quite a stir and highlights the continuing difficulty in discussing such issues — and the fear of some that they will be labeled racists if they support a color-blind admissions process.
While the government continues to arrest those who protest its policies, Iran has been faced with a novel form of protest by citizens who are shaving their heads in solidarity with prisoners being killed and brutalized in the nation’s prison complex. These include political detainees at the infamous Evin Prison who were shown on a recent video being beaten by Revolutionary Guards. At the center of the controversy is Gholam Hossein Esmaili, a true fanatic who went on television to deny all such allegations, say that his guards have been uniformly “polite” to detainees, and that the videotape is a conspiracy of the West to overthrow the government. While most countries would investigate him for possible criminal acts and certainly fire him for abuse, the Islamic Republic promoted him to head Tehran Province’s courts. That’s right, the mullahs felt that he was perfect to be put into the court system. In the meantime, the government shut down the Ebtekar Newspaper , which reported on aspects of the controversy. By the way, Evin Prison (left) under the reign of Mohammad Reza Shah Pahlavi held a reported 1,500 detainees. Under Iran’s Islamic government, it hold a reportedly 15,000. While it holds conventional prisoners, it holds so many dissident intellectuals and professors that it is now nicknamed “Evin University.”
By Darren Smith, Weekend Contributor
There is an interesting ruling from U.S. Magistrate Judge James Francis in New York. The case stems from a search warrant sought by the government for the contents of an individual’s e-Mail account that was hosted by Microsoft but stored on a server located in Dublin, Ireland.
Magistrate Francis stated that internet service providers such as Microsoft or Google cannot refuse to turn over customer information and emails stored in other countries when issued a valid search warrant from U.S. law enforcement agencies.
In a statement, Microsoft said it challenged the warrant because the U.S. government should not be able to search the content of email held overseas.
“A U.S. prosecutor cannot obtain a U.S. warrant to search someone’s home located in another country, just as another country’s prosecutor cannot obtain a court order in her home country to conduct a search in the United States,” the company said. “We think the same rules should apply in the online world, but the government disagrees.”
Continue reading “US Magistrate Judge Rules Search Warrant May Include Email Account Hosted Overseas”
Respectfully submitted by Lawrence E. Rafferty-(rafflaw)- Weekend Contributor
If you were like me, you may never have heard the term “Communications Management Units” before. They are basically a section of a prison where certain prisoners are housed with limited or no access to communications or family visitations. The reason very little was known about the CMU’s is that when they first were initiated at prisons in Indiana and Illinois, their existence was kept from the public.
“The units opened almost in secret in 2006 and 2008. Critics say they flouted federal law by not publishing the proposed rule and opening up a period for public comment.” Readers Supported News If a lawsuit filed by the Center for Constitutional Rights had not been filed in 2010, we may never have known much about these abusive tactics in our domestic prison system. Maybe the harshest aspect of being sent to the CMU was the realization that you may never know why you were sent there or how you could get out of it. Continue reading “Communications Management Units and Prisoners Rights”
By Mark Esposito, Weekend Contributor
Author’s Note: Grace Under Pressure is an ongoing series of posts honoring everyday people who courageously make positive differences in their own lives and consequently in the lives of others. It is my own personal affirmation that unexpected heroes live among us and that their service is quiet but unshakable proof that virtue really is its own reward – and ours, too.
A Pittsburgh area teen thought he was doing the right thing to end his bullying but his audio recording of the abuse only resulted in criminal charges for wiretapping. Sophomore Christian Stanfield had endured a miserable school year at the hands of two classmates who tripped, shoved and even attempted to burn the 15-year-old with a cigarette lighter. Pleas for help to his teacher went unheeded for the teenager who suffers from comprehension delay disorder ( a brain disorder involving slower processing speed for information than is normal) ADHD, and an anxiety disorder. So last month Christian decided to get the proof he needed to make school officials listen. Sitting in his math class, he activated his Ipad as his tormentors launched another verbal fusillade. “”They were talking about pulling his pants down, and some things I can’t repeat, and laughing and cutting up like it was a big joke, it was not a joke, not at all funny,” said Christian’s mother, Shea Love, who heard the recording at her kitchen table that afternoon.
Continue reading “Grace Under Pressure: Bullied Teen Christian Stanfield Fights Back”