Category: Courts

Too Sooner For Sharia? Tenth Circuit Rules Against Oklahoma’s Anti-Sharia Law

We previously discussed the law passed in Oklahoma barring state judges from considering Islamic and international law in their decisions. Now the United States Court of Appeals for the Tenth Circuit has blocked the law. The three-judge panel upheld an injunction barring certification of Question 755. The decision has some important language for both standing and free exercise claims.
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Marine Biologist Faces 20 Years For Feeding Whales

By Mark Esposito, Guest Blogger

Renowned marine biologist Nancy Black faces 20 years in prison and a half million dollars in fines for allegedly unlawfully feeding killer whales. And no,she didn’t feed them people. Apparently,Black, who’s been featured on PBS, Animal Planet, and National Geographic has been charged with running afoul of  the Marine Mammal Protection Act.  The charges stem from a 2005 research trip in which Black filmed a gray humpback whale and a pack of killer whales swimming nearby. She’s accused of feeding the killer whales and then altering a video of the “crime.” Here’s her lawyer’s account of the heinous attack on the environment.

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America’s Transcendent Issue

Submitted by: Mike Spindell, guest blogger

ImageWhen you contemplate all of the problems that beset us in this election year it is hard not to feel daunted by the task of finding solutions. Many millions of American’s are without jobs, with the prospect of future employment seeming illusory. The top 1% of the American population controls vast amounts of the country’s wealth.  http://www.businessinsider.com/15-charts-about-wealth-and-inequality-in-america-2010-4?op=1  Wages of average Americans have stagnated for the past 40 years to such an extent that our middle class is shrinking rapidly. The housing boom of years past has become a bust of monumental proportions and foreclosures are destroying formerly viable neighborhoods. Our once barely adequate “safety net” has been shredded and there are attempts to destroy both Social Security and Medicare as we know it. Despite a weak attempt at Medical reform millions of Americans find health care unaffordable, with many dying and others forced into bankruptcy to stay alive. Due to lack of money America’s once magnificent infrastructure is rotting and solutions are not on the horizon.

The collapse and bailout of our banking industry has cost us trillions and appears to have been brought about by fraudulent practices on the part of the industry, yet no one has been indicted. In fact the remuneration of top executives in this duplicitous industry has actually increased. Efforts to impose stiff controls ensuring that these artificial crises don’t happen again and that these huge financial entities do business ethically, have failed to pass the Congress. We see that the fallout from the American banking crisis has undercut the world’s economy and that economic crises in other industrialized nations appear regularly. Please notice I’m only referring to the economic problems we face and only producing a partial list of those economic problems.

We have seemingly come to the conclusion of an unnecessary war in Iraq, where trillions were spent and perhaps a million were killed, yet the withdrawal of troops is to bases that surround Iraq. We are leaving about 40,000 Americans in country, many as mercenaries (contractors is a euphemism) as we support the largest diplomatic infrastructure in any foreign nation. The war in Afghanistan still rages in a land that has never been significantly shaped by any outside empire, this despite the killing of Osama Bin Laden and the virtual destruction of Al Qaeda.  Hundreds of billions are being spent and the lives of our troops are put in danger, in an exercise with little hope of success. Billions are going towards building Afghanistan’s infrastructure as ours is falling apart. Yet these instances fail to raise the broad spectrum of the military/foreign policy problems continuing to plague us. These issues include a military budget that far greater than that of all other nations. http://en.wikipedia.org/wiki/List_of_countries_by_military_expenditures 

However, these three paragraphs still do not encompass the broad range of problems we Americans face. There is more to be touched on before we come to the conclusion that I’ve reached, that there is one problem that not only transcends all of these, but its need for immediate solution supersedes any of the others in importance. Continue reading “America’s Transcendent Issue”

Court Orders Arrest of Lawyer After Judge Called “Catholic Knight Witch Hunter” in Bizarre Filings

A bankruptcy case in Minneapolis has produced some unexpected fireworks after U.S. Bankruptcy Judge Nancy Dreher ordered the arrest of an attorney who filed a bizarre litany of anti-Catholic remarks in a filing. Dreher ordered the arrest of lawyer Naomi Isaacson (left), who is president of a group known as the Dr. R.C. Samanta Roy Institute of Science and Technology Inc.
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The New Katz Cats Test: Court Cries Foul Over Kitty Litter Claim

One of my former students sent along this interesting case. U.S. District Judge Jed Rakoff in Manhattan has taken the relatively rare step of blocking a commercial by Clorox Company for its Fresh Step kitty litter. Rakoff agreed with lawyers from Arm & Hammer that the commercial would do the company “irreparable harm” by publishing misleading information about cat litter boxes — and cats generally. The claims did not pass the smell test for the Court which rejected the methodology used by Clorox.

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Turley Blog Hits 10 Million Viewers

Last night, we received word of two considerable accomplishments. First, we won the ABA Journal’s selection as the top opinion blog. Second, we hit our 10 millionth viewer on the blog. We are routinely ranked as one of the most visited legal blogs by AVVO. As our viewership has grown in only a few short years, we have reached a wider and wider international audience.
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TURLEY BLOG PICKED AS TOP OPINION LEGAL BLOG IN 2011

Last night the editors of the ABA Journal informed us that we have voted the top opinion blog of 2011 in the ABA Journal competition. It is our second such top award in the annual competition and it is an honor shared equally by all of our contributors and readers.
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Just Two Days Left In The ABA Competition: We Need Your Vote!

Just as Henry V rallied the thin, tired troops on the eve of the Battle of Agincourt, it is time to make that final call for votes in this year’s competition for the top opinion blog by the American Bar Association. There are now just two days left and, while we have pulled ahead in the last week, the contest remains very close with one of the top five largest legal blogs. If you like our blog, it is time to pony up and vote.

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Montana Voters Move To Recall Senators Over Votes Allowing Indefinite Detention of Citizens

We have been discussing the disconnect between citizens who have repeatedly opposed continued rollbacks of civil liberties and the Democratic and Republican leadership pushing for such rollbacks, including the recent provision allowing indefinite detention of citizens under the National Defense Authorization Act of 2011 (NDAA). Now Montana citizens have decided to try another approach given the non-responsive attitude of our leaders — they are moving to remove their two Senators from office over their votes in favor of indefinite detention powers.

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The Irony of Free Speech in California

Respectfully submitted by Lawrence Rafferty(rafflaw)-Guest Blogger

The term is one that is familiar to all of us.  The First Amendment gives all citizens the right of Freedom of Speech and the right to assemble.  Simple enough, right?  Evidently it is not so simple in the State of California.  Recently, members of Occupy Los Angeles were arrested while making full use of their First Amendment rights and after posting a $5,000 bond to get out of jail, were offered a deal to avoid a trial.  The Free Speech defendants were told that if they took a class offered by a private company for the mere cost of $355.00, they would not have to go to court for a trial.

At first glance that offer sounds reasonable.  Just what is the “class” all about? “For $355, protesters can pay a private company for lessons in free speech. American Justice Associates offers the educational program taught by an attorney – Neil G. Anderson – a former police officer and Supervising Deputy District Attorney for Sacramento County, and his partner attorney Deborah Bryce McKinley of Atlanta, GA.”  Crooks and Liars  Continue reading “The Irony of Free Speech in California”

The Real Insurance Frauds

Submitted by: Mike Spindell, guest blogger

It’s Christmastime again and since my childhood, long ago, the Frank Capra film “It’s A Wonderful Life” has been shown time and again in this season, providing a message of redemption, hope and joy that we associate with this time of year. You all know the plot about selfless George Bailey (James Stewart) a man who has sacrificed his dreams for others and because of his selflessness winds up running the Bailey Building and Loan Association, of Bedford Falls, NY. Because of George this institution has provided home loans for the poor of this rural community and serves as its bank. With the Company on the verge of bankruptcy, through duplicity, George is on the verge of suicide distraught over the losses to those he loves and worried by needs of the average people of his town. You all know this plot and if you don’t its summary is here. http://en.wikipedia.org/wiki/It%27s_a_Wonderful_Life#Plot . I must warn you, perhaps it’s the time of year but I choked up reading the plot, yet again, as I do every time I see this beloved movie.

This introduction has not been made because I’m about to write about banks, or the depredations of the banking industry. Others here and our host have already written extensively on the predatory nature of the banking industry and the harm it has caused to our country. My point of this opening is that we have all grown up with certain mythologies about businesses that provide financial services to the public. This film has had a place in defining that American mythology, in this instance about a bank of sorts, whose leader believes in aiding the community first and profits second. Myths shape our thinking and from my youth I still remember the ad slogan “You have a friend at Chase Manhattan”.

We’ve discovered that banks are anything but our friends. Their bottom line has surpassed service to the point that each customer is looked at as a “cash cow”, to be plundered incessantly with usurious interest and fees for what should be free services. But what about “You’re in Good Hands with Allstate”, “Nationwide Is On Your Side”, or “Like A Good Neighbor State Farm is There”?  Surely the Insurance industry supplies the safety net we want for our homes and cars. Do they? Last week I was sent an article by the Independent Claims Adjuster handling my interminable case for mold damage to my home. He’s helping greatly so this isn’t about me, but the article he sent certainly puts into context all the delays in the process and how property insurance companies are maximizing their profits at the expense of their customers. Continue reading “The Real Insurance Frauds”

The Turley Blog Needs Your Vote! The ABA Competition Is Down To The Wire For Top Opinion Blog

This year’s competition for the top opinion blog by the American Bar Association has become an intense race between our blog and one of the largest conservative legal blogs, Volokh Conspiracy. Even though VC is one of the largest blogs in the country, we are only a couple of dozen votes away with voting closing on December 31st. We need every vote so please spread the word to civil libertarians and others that we need their support to pull off the ultimate David and Goliath victory.
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Judge and Former Prosecutor of the Year Accused Of Withholding Evidence That Sent Innocent Man To Jail For 25 Years

Michael Morton, 57, spent nearly 25 years in prison for murdering his wife before he was able to force Texas authorities to finally test DNA evidence that proved his innocence. Now he is demanding that the prosecutor be held accountable for withholding evidence. The problem is that the then-Williamson County District Attorney Ken Anderson, now a district judge in Georgetown (left).
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Gingrich: I Will Arrest Federal Judges

Former House speaker Newt Gingrich appears to be running against the Constitution as much as against President Obama these days. Gingrich has been promising to round up judges who do not agree with him — statements that have even conservative figures like Michael Mukasey, former attorney general during the George W. Bush administration, denouncing him. Mukasey was the attorney general who blocked prosecutions into torture, but finds Gingrich truly scary. I am currently scheduled to be on Hardball tonight to discuss this latest attack on the judiciary.
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