Category: Courts

I’ve Got Georgia on My Mind

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

With apologies to the famous song of the same title, the State of Georgia has produced some interesting legislation and proposed legislation these days.  The latest in that long list of specious legislation is the proposal pushed by five Georgia State Senators that would set up a commission to review Federal laws.  Any laws not approved by that commission would be nullified and would not be upheld in their state.  If I understand the proposed legislation correctly, the State of Georgia, if this law is passed, would claim supremacy over Federal law. I realize that in some Tea Party view of the Constitution this makes sense, but not in the real world where the Constitution and court precedent makes it very clear that Federal law supersedes any and all conflicting State laws. Continue reading “I’ve Got Georgia on My Mind”

Hypocrisy Democracy: What’s Going On?

Submitted by: Mike Spindell, Guest Blogger

Do you wonder how American politics has gotten so crazy in the last five decades? As someone who has lived through them as an adult I have often been amazed by our evolving political scene. This week the PBS documentary series “The American Experience” focused on the life and the two terms of Bill Clinton. It was a typical PBS historical documentary in that it made sure to present all sides of the issues and of course it dealt with “Whitewater”, Monica Lewinsky and the Impeachment proceedings. While we all lived through this bizarre political period in the 90’s, time and personal matters no doubt has dimmed its memory for most of us who were not directly involved. What fascinated me about this four hour documentary was that even in its non-partisan fairness, it delved into the massive effort made to discredit Bill Clinton begun from even before the inception of his first term. Though he won his election fairly, Republican’s and Conservatives never accepted his legitimacy as a duly elected President. It was this perceived “illegitimacy” that undermined his efforts as President and was the focus of constant attacks from his enemies. I’m not writing this as someone who felt that Bill Clinton was a great President and there were many concessions he made like “Welfare Reform” and “Don’t Ask, Don’t Tell” that I still hold against him. My question is that given his legitimate electoral mandate, did he ever get a chance to actually put his programs into effect and be President?

Bill Clinton entered his Presidency at the end of the first Iraq War. His inaugural speech talked of healing and bi-partisanship, as he would work together with Republicans to create a bridge to the Twenty First Century. The country was in a recession, partly caused by the excesses of military overspending by Reagan and G.H.W. Bush and by their tax cuts for the wealthy. There was a shrinking middle class due to the outsourcing of our manufacturing base and also because the Reagan Social Security “Reform” was actually a massive, regressive tax raise on those of middle income. The Reagan and G.H.W. Bush years burdened the Country with massive budget deficits and in Clinton’s first years the clamoring of the Republicans, Wall Street and the “Chattering Classes” for “Deficit Reduction” was at a fever pitch. We had also seen an illegal involvement in trying to topple the government of Nicaragua, despite a strong Congressional ban and its’ direct perpetrators falling on their swords to protect President Reagan and Vice President Bush. The din of budget deficits was so loud, with predictions so dire, that this newly elected President, with no Washington experience, was forced to accept the specious merits of this argument. Forgotten of course was that it was these selfsame groups, had blithely ignored rising deficits during the twelve years past of Republican governance. Perhaps, in my re-visiting what you already probably knew, a sense of Deja’ Vu might be occurring when thinking of American politics and political issues today? Continue reading “Hypocrisy Democracy: What’s Going On?”

Iranian Court Orders The Death Penalty For Christian Pastor Convicted of Apostasy

The Iranian Sharia courts have given the world a steady stream of horrific judgments — using the pretense of a legal system to mete out religious-based and perfectly medieval punishments. They have now added a fresh outrage. Despite worldwide condemnation, a trial court in Iran has issued its final verdict that Youcef Nadarkhani, 34, be put to death. His crime? Converting to Christianity. During the country’s Sharia law, such apostasy is punished by death.

Continue reading “Iranian Court Orders The Death Penalty For Christian Pastor Convicted of Apostasy”

The First Amendment Versus Pat Buchanan?

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

I am the last person that should be defending Pat Buchanan and objecting to his recent termination as a political analyst for MSNBC.  However, after thinking about it for a while, I have come to the conclusion that Uncle Pat’s firing is an attack on Free Speech and a continuation of the Fox News type mentality on our cable news stations.  Let me first make it clear that most of what Buchanan says on the air is offensive and in some cases, outright disgusting.  However, if we cannot say what is on our mind without limits, do any of us really have the freedom to speak our minds? Continue reading “The First Amendment Versus Pat Buchanan?”

Ninth Circuit Refuses To Remove Name Of Federal Prosecutor From Opinion On Unethical Conduct

The United States Court of Appeals for the Ninth Circuit issued a stinging rebuke to the Justice Department after refusing to remove the name of a prosecutor who acted unethically from an opinion. The effort by the Justice Department to conceal the name of the prosecutor, the court noted, was in sharp contrast to its common heralding of the accomplishments of its prosecutors in public. The move reaffirmed the view of many lawyers that the Justice Department often acts reflexively in defense of its lawyers — often resisting efforts to hold abusive prosecutors accountable. Assistant U.S. Attorney Jerry Albert is accused of misrepresenting a drug defendant’s prior statements when trying to impeach her trial testimony.

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Former Texas Prosecutor and Current Judge Faces Court of Inquiry Over Alleged Misconduct Leading To Innocent Man Spending 25 Years In Jail

The same week that the Durham District Attorney is appearing in a hearing on her possible removal, a Texas judge has found probable cause that former Williamson County District Attorney Ken Anderson withheld exculpatory evidence and may have caused  a innocent man to be wrongfully convicted. Anderson, now a district judge himself, will face a likely special court of inquiry over his alleged misconduct.

Continue reading “Former Texas Prosecutor and Current Judge Faces Court of Inquiry Over Alleged Misconduct Leading To Innocent Man Spending 25 Years In Jail”

Texas Judge Resigns After Being Filmed Sleeping During Critical Hearing

Special Education Judge Larry Craddock has resigned after being filmed sleeping during a hearing. Craddock was filmed sleeping through the critical testimony in the case involving a suicidal teenager. It appears Craddock found his “sleep number” on the bench because the family insists that he was out for an extended time.

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Gov. Walker “Walks” All Over the Proposed Foreclosure Settlement

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

Just the other day we learned of the proposed foreclosure abuse settlement between the Attorney Generals of almost all 50 states and the Big Banks.  In that pending settlement, the Banks will be depositing up to $26 Billion dollars into a fund designed to help homeowners whose homes are under water and who have been foreclosed upon.  “Federal and state officials today will finally announce that they’ve reached a settlement with the nation’s biggest banks over the banks’ various foreclosure fraud abuses, such as “robo-signing” foreclosure documents and submitting falsely notarized documents to courts. The settlement has been in the works for several months, as a few key states — most notably California and New York — were holding out for tougher terms against the banks.”  Think Progress  While some still think the settlement does not go far enough, there is evidence that the settlement could provide real relief for homeowners and for the real estate market.  But the concept of helping the market and homeowners gets lost, at least in the mind of Gov. Scott Walker of Wisconsin! Continue reading “Gov. Walker “Walks” All Over the Proposed Foreclosure Settlement”

Federal Court Rejects “Lactation Discrimination” Claim

U.S. District Judge Lynn Hughes in Texas has rejected the claim of “lactation discrimination” as a form of employment discrimination. The claim was made by Donnica Venters who says that she was terminated by Houston Funding for using a breast pump at work. The company insists that she was not terminated but left on her own accord. However, Hughes (left) made that dispute moot by ruling that “Lactation is not pregnancy, childbirth, or a related medical condition.”

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Court Clerk Caught Watching Porn As Rape Victim Testifies At Trial

Debasish Majumder, 54, a court clerk in London, has pleaded guilty to watching pornography during a rape trial in court, including while the victim testified on her sexual assault. Majumber pleaded guilty to misconduct in public office and five counts of possession of indecent images. The latter charge appears to be child pornography found on his home computer. The Right Honorable Judge Nigel Seed (left) discovered the pornographic surfing.

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Prop 8 Decision: Ninth Circuit Rules Same-Sex Marriage Proposition Unconstitutional

The Ninth Circuit has ruled 2-1 in the long-awaited sex-sex marriage case and affirmed the lower court in finding the law unconstitutional. Eighteen months ago former Chief U.S. District Judge Vaughn Walker struck down the ban on same-sex marriage. Judge Stephen Reinhardt wrote the lengthy opinion below upholding Walker and striking down the law. The Court ruled that “[b]y using their initiative power to target a minority group and withdraw a right that it possessed, without a legitimate reason for doing so, the People of California violated the Equal Protection Clause.”

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Defining Grief

Submitted by: Mike Spindell, Guest Blogger

 The bible of psychiatric/psychological diagnosis is the “Diagnostic and Statistical Manual of Mental Disorders (DSM)” published by the American Psychiatric Association. What it does is provide a standardization of diagnostic criteria, which allows Mental Health professionals to communicate with one another in a clearly defined set of common understandings.

 “It is used in the United States of America and in varying degrees around the world, by clinicians, researchers, psychiatric drug regulation agencies, health insurance companies, pharmaceutical companies, and policy makers. The DSM is a legitimating document and provides legal, medical, and ethical justification for physicians to diagnose and treat, judges to incarcerate and excuse, insurance companies to pay.” http://en.wikipedia.org/wiki/Diagnostic_and_Statistical_Manual_of_Mental_Disorders

First published in 1952 the DSM has undergone five revisions since then. The latest revision will be the DSM V, scheduled for a May 2013 publication. The last major revision in 1994 was called naturally the DSM IV. There are many problems with the DSM.  Since this Manual is so important to the treatment for those suffering and recompense for those who profit from psychiatric/psychological needs, this is an issue that needs greater public awareness. I think is most pertinent to look at the underlying issues entailed in the DSM’s new iteration and how it affects us, or those we know. To do so, however, we must look at the problems with the DSM, from a psychological, systemic and economic perspective.

The first critical issue is that no health insurance company, Medicare and/or Medicaid will pay for psychological and/or psychiatric treatment and medication, without a professionally certified diagnostician categorizing the patient with a valid DSM diagnostic code. Thus the DSM’s definitions have critical importance to practitioners, provider agencies, drug companies and health insurance providers. I retired from the Mental Health profession seven years ago and other things have held my interest. However, l I caught a NY Times article, posted at the MSNBC website last week and it brought to mind issues that had bothered me during my career, specifically with the DSM. Continue reading “Defining Grief”