We previously discussed the controversy over the University of North Dakota’s Fighting Sioux nickname. The NCAA has banned the use of such tribal names and members of the Spirit Lake Sioux tribe and Standing Rock Sioux sued to try to restore the use of the name — something they find not insulting but complimentary to their tribe. I have been critical of the NCAA rule. A federal court has now thrown out the lawsuit over the use of the team’s name over standing.
Category: Courts

It appears that Congress is not the only branch with falling poll numbers. According to Pew Research Center, the Supreme Court now is viewed favorable by just roughly 50 percent of the public.
Continue reading “Supreme Court Hits Lowest Favorability Numbers In 25 Years”
Submitted by: Mike Spindell, guest blogger
On September 16, 1962 Edward R. Murrow, who was the greatest TV Journalist and a particular hero of mine http://www.museum.tv/eotvsection.php?entrycode=murrowedwar, premiered the opening of Public Television on Channel 13 in New York City. You can watch that very short broadcast in this link so you can understand the mission of this station at its beginnings: http://www.youtube.com/watch?v=-gr-QxU1Sz0
At the age of 17, I watched Mr. Murrow enthralled as he laid out the defined purpose of this station, which was to provide educational, non-commercial television, that would innovate new programming to educate/inform and amuse its’ listeners. This opening occurred two weeks after the death of my mother. My father (who would die a year later) and I watched this show together, bonded by the sorrow we shared and by the fact that Ed Murrow had been someone whose news shows we three had watched together for a decade. Given that he was a ninth grade dropout, my father was a man of intellectual depth who read Camus, Sartre and was a devotee of avante garde cinema. He passed his tastes on to me. So for us, this was a momentous event, given the inanity that characterized much of commercial TV with its’ intellectual paucity. This beginning initiated an emotional link with me to the concept of public TV that has lasted ever since.
In the years that followed Channel 13 would become an anchoring member of the Public Broadcasting System. I was a dedicated viewer and modest financial contributor via yearly membership. I could go into a litany of the presentations that informed me, moved me and entertained me through the years, but that is not my purpose here. Somewhere along the way from the beginning of non-commercial television until today, I became skeptical about contributing to it, while still availing myself of it’s’ services. I write about why this skepticism developed and why it remains. Continue reading “PBS: Why I Watch, But Don’t Contribute”
The Supreme Court is hearing oral arguments today in the immigration case of Arizona v. United States. I published a column in USA Today yesterday on the case. I discussed the case yesterday on NPR’s Diane Rehm Show and will be updating this blog with developments and I will be on NPR’s Here and Now to discuss the case at noon. Continue reading “Supreme Court Hears Oral Arguments Over Arizona Immigration Law”
Detroit’s Third Circuit Judge Wade McCree is at the center of a Weiner-like controversy after sending a nearly naked picture of himself to his bailiff. It certainly produced a passionate response . . . from her husband who has filed a judicial complaint. McCree however appears unapologetic and notes that he did not send the photo to any other married woman — a curious claim of mitigation. When confronted over the photo, McGree responded “I’ve got no shame in my game.”
Continue reading “No Shirt, No Shame: Detroit Judge Under Investigation After Sending Near Naked Picture To Female Bailiff”
Below is today’s column in the USA Today on the arguments this week in the immigration case, Arizona v. United States. (Docket No., 11-182). At issue is Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act (S.B. 1070) directing state law-enforcement officers to cooperate and communicate with federal officials regarding the enforcement of federal immigration law. Beyond the difficult constitutional and statutory questions in the case, there is another element to the case that could come within months of the 12th anniversary of Bush v. Gore
Associate Judge Joseph Polito is under fire this week after a FOIA request from the media revealed that someone using his computer login and password tried to access 243 hardcore sites as hugeheavybreasts.com, and portofdebauchery.com. Since this was a county computer, the matter has now been referred by Chief Judge Gerald R. Kinney for investigation with the Illinois Judicial Inquiry Board.
Continue reading “Illinois Judge Under Fire After Being Tied To Attempts To Access 243 Porn Sites”
Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
As an Illinois resident I was heartened by the fact that a former governor took the politically dangerous action to halt all executions and recently the current Governor of Illinois signed a bill to end the death penalty in Illinois. Tribune With that background, I was saddened to read that since 1976, more than 1/3rd of all executions that took place in our country happened in Texas. Since 1976, Texas has executed 481 people. Truth Progress Why does Texas continue to execute people when many experts assert that the death penalty is not a deterrent to violent crime? Continue reading “Don’t Mess with Texas’ Executions”
Submitted by: Mike Spindell, Guest Blogger
At this point, to be honest, all of the back and forth regarding “evidence” in the Zimmerman Case that has occurred here over a number of threads has been mere speculation that misses the salient issues raised by this case. The real (admissible) evidence will be presented at the trial and a hopefully an unbiased jury will make its decisions. The issues that we need to discuss from my perspective are:
1. Did the Sanford Police make a mistake in releasing Zimmerman rather quickly and allowing him to retain his gun, which was potential evidence?
2. Was there undue outside influence used upon the police to end their investigation quickly?
3. Is there a degree of probability that in many Stand Your Ground venues, had the victim been white and the protagonist of color, that the protagonist would have been immediately arrested?
4. What are the purposes of a business oriented lobbying group, like ALEC, in getting “Stand Your Ground” Laws passed?
5. Is this once again an instance where a media circus has poisoned the ability to have a fair trial? Continue reading “Zimmerman: Media Circuses Make for Bad Justice”

D.C. Circuit Judge Janice Rogers Brown has long been controversial since her nomination was opposed by many for what were viewed as extreme view as a member of the California Supreme Court. She was finally confirmed in a deal in the Senate that many denounced as a surrender by Democrats. Now Brown has used an opinion to denounce “powerful groups” and courts for limiting “Cowboy capitalism” that she says has been “disarmed” in America.
The second degree murder charge of George Zimmerman has received widespread approval. I am in Fort Worth to speak to the Fort Worth Lecture Foundation this afternoon. However, I am receiving a lot of calls on the basis for the charge. I must confess that I am not optimistic on the chances of a conviction unless the special prosecutor has undisclosed evidence to meet the high standard under the state law. As I discussed on BBC last night, there are substantial challenges to make such a charge stick in this case.

ABA President Wm. T. (Bill) Robinson III has issued a statement criticizing President Obama’s statement that voting against the health care law would be “judicial activism” In a letter to the Wall Street Journal, Robinson called the remarks “troubling.”
Continue reading “ABA President Criticizes Obama For Judicial Activism Comments”
While Michigan’s Attorney Grievance Commission sought disbarment, a state discipline panel headed by Assistant United States Attorney William Sauget has handed down only a 90 day suspension for Detroit City Attorney Valerie Colbert-Osamuede. Colbert-Osamuede who is accused of lying to the Detroit City Council, a Wayne County Circuit Court judge and the Attorney Grievance Commission about a settlement and alleged coverup benefitting then-mayor (and now convicted felon) Kwame Kilpatrick. Despite this trifecta of false statements and the panel’s conclusion that she was still not sure she is telling the truth, Sauget’s panel still refused to hand down a disbarment or something more substantial as a punishment.
By Mark Esposito, Guest Blogger
Joshua Thompson, 20-ish, of Livonia, Michigan loves the movies, but could not understand why his soda pop and candy purchase rang up the till for another $8.00 on top of the price of admission. In the same cinema, popcorn and a soda can run you $11.00. Rather than just griping, he filed a consumer class action suit in Wayne County (Michigan) Circuit Court on behalf of us all to get some answers.
While the White House and the President backtracked from Obama’s recent statements regarding the Supreme Court, Attorney General Eric Holder succeeded in reigniting the controversy by calling the comments about judicial activism “appropriate.” As I noted earlier, the effort of the White House to modify the statement of the President notably did not include a retraction of the judicial activism statement. Holder’s statement appeared to reaffirm that the omission was intentional.
Continue reading “Doubling Down: Holder Calls Obama’s Judicial Activism Criticism “Appropriate””