Category: Courts

Courts, Lawyering, Supreme Court

Holdings, Dicta, And Stare Decisis

-Submitted by David Drumm (Nal), Guest Blogger

Holdings, or ratio decidendi (Latin for “the rationale for the decision), are those parts of a court’s opinion that are binding on lower courts and later courts. This binding is referred to as the doctrine of stare decisis which provides hierarchical (vertical) and temporal (horizontal) continuity throughout the judicial system. Obiter Dicta (Latin for a statement “said in passing”), or dicta, are those parts of a court’s opinion that are not binding on lower courts and later courts. Dicta may suggest an interpretation of the law that may prove useful in future cases.

Continue reading “Holdings, Dicta, And Stare Decisis“ →

Congress, Constitutional Law, Courts, Free Speech, Justice

The Unholy Marriage Between the CIA and NYPD

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

If you think the Government is allowed to spy on Americans too much already, this next story will increase your blood pressure.  It was recently disclosed by the Associated Press that a CIA undercover operative has been directly advising the New York Police Department for at least 3 months.  I could have sworn that it was illegal for the CIA to spy on Americans, but nothing has been done to curb this possible violation and abuse of American’s privacy. Continue reading “The Unholy Marriage Between the CIA and NYPD” →

Congress, Constitutional Law, Courts, Lawyering, Military, Politics

Federal Judge Dismisses War Powers Challenge By Members of Congress

Soon after the news that Gadhafi had been shot, Judge Reggie Walton issued an opinion dismiss the lawsuit by members of Congress challenging the war powers claim underlying the intervention in the Libyan war without a declaration of Congress. I represent the members in that litigation. The Court declined to rule on the merits of the constitutional claims and instead held that the court does not have jurisdiction to rule on such questions. Despite the timing, the opinion did not turn on the removal of Gadhafi. The opinion is below.
Continue reading “Federal Judge Dismisses War Powers Challenge By Members of Congress” →

Courts, Religion, Torts

Church Under Fire After Three People Die After Being Allegedly Told To Stop AIDS Drugs In Favor Of Prayer

Now, this could make for an interesting torts lawsuit. The Synagogue Church Of All Nations (SCOAN), a Nigerian-led Evangelical Christian church in London, has claimed to have the cure of people with HIV that involves their stopping all medications and praying for a cure. The results, critics say, has been not the promised “miracle” but three deaths.
Continue reading “Church Under Fire After Three People Die After Being Allegedly Told To Stop AIDS Drugs In Favor Of Prayer” →

Courts, Criminal law, Justice, Religion

CATHOLIC BISHOP INDICTED

Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

I was surprised when I read an article yesterday that reported the news of an indictment that was handed down in Jackson County, Missouri.  You may be asking what is unusual about one more  indictment in the State of Missouri?  The news worthy aspect of this indictment is the person and organization that was indicted.  The Grand Jury in Jackson County indicted the Roman Catholic Diocese of Kansas City-St. Joseph as well as its Bishop, Bishop Robert Finn!  Continue reading “CATHOLIC BISHOP INDICTED” →

Constitutional Law, Courts, International, Media, Politics, Supreme Court

Obama and Civil Liberties: Talk of the Nation

Today, I will appearing on the National Public Radio (NPR) program, Talk of the Nation to discussing my column in the Los Angeles Times on Barack Obama’s disastrous impact on civil liberties in the United States. The piece has generated some interesting discussion on the LA Times blog as well as other blogs. Despite my disagreement with some of the commenters, any discussion of civil liberties is welcomed in this political atmosphere. Ironically, the day of the column (which specifically discussed the President’s assertion of his right to kill citizens he considers terrorists), President Obama ordered the killing of U.S. cleric Anwar al-Aulaqi and reportedly a second U.S. born cleric. [Update: Here is the TOTN interview].

Continue reading “Obama and Civil Liberties: Talk of the Nation” →

Bizarre, Courts, Lawyering, Media, Politics, Society

Law Professor Files Ethics Complaint Against Crowell & Moring Lawyers For Inbreeding Remark

An assistant law professor Jason Huber of the Charlotte School of Law in North Carolina has filed an ethics complaint against four Crowell & Moring lawyers in a rather novel case. He accuses the lawyers of suggesting that inbreeding could be responsible for Appalachian birth defects found in a study of mountaintop mining.
Continue reading “Law Professor Files Ethics Complaint Against Crowell & Moring Lawyers For Inbreeding Remark” →

Constitutional Law, Courts, Criminal law

Justice Department Appeals Alabama Immigration Ruling

The Obama Administration is moving against the new Alabama law on illegal immigration — as it has the Arizona law. I have discussed the novelty of such challenges, which may soon include other states. I will be discussing the Alabama law on NPR’s Diane Rehm Show on Wednesday, October 5th.
Continue reading “Justice Department Appeals Alabama Immigration Ruling” →

Bizarre, Courts, Criminal law

Call of Crazy: Gamer Attackes Teen Who Killed His Character

Submited by Mark Esposito, Guest Blogger

We’ve known for years that exposure to violence makes humans more likely to commit violence themselves. TV violence is especially pernicious and can have effects lasting decades. Now that applies to participatory virtual violence as well.

Mark Bradford, a 46-year-old resident of Plymouth, England attacked a 13-year-old boy who had just “killed” his virtual fighter in the wildly successful computer game, Call of Duty:Black Ops. The two were playing the game over the Internet when Bradford’s character was shot during a battle scene.  The enraged father of two promptly raced over to the boy’s nearby home and grabbed the young man by the throat using both hands. The child’s mother fought him off and called police.

Continue reading “Call of Crazy: Gamer Attackes Teen Who Killed His Character” →

Bizarre, Constitutional Law, Courts, Criminal law, Society

Massachusetts Supreme Court Upholds Right To Charge Citizens For Challenging Tickets — Win or Lose

There has long been an reasonable expectation among citizens that, if they are falsely accused of an offense, they will not have to pay either the fine or the cost of a hearing. Indeed, even if found guilty, there is generally not a charge for seeking justice in a court. Not in Salem, Massachusetts. The state supreme court ruled last week that motorists must pay the state even if they win their cases in court. The cost of fighting a ticket is $75, which can be roughly the cost of the ticket itself. It is a system that makes a mockery of the right to challenge a charge. No wonder so many witches were burned in the town . . . most could not afford the cost of an appeal.

Continue reading “Massachusetts Supreme Court Upholds Right To Charge Citizens For Challenging Tickets — Win or Lose” →

Bizarre, Constitutional Law, Courts, Criminal law, Religion, Society

Alabama Courts Give The Convicted The Choice Between Jail and Church

In Bay Minette, Alabama, felons are being given the opportunity to climb the wall. Not the prison wall, mind you. The Alabama court and local police are helping felons over the wall of separation of church and state by giving convicted citizens an opportunity to avoid jail if they volunteer — so long as it is with a church.
Continue reading “Alabama Courts Give The Convicted The Choice Between Jail and Church” →

Courts, Media, Society

Arkansas Judge Barred From Using Her Court For Show . . . Resigns And Rents Courtroom For New Reality Court Show

Former Circuit Judge Mary Ann Gunn of Fayetteville has added her name to the expanding number of lawyers who are degrading the legal profession with faux court shows that mete out justice as a form of entertainment. I have previously denounced these shows and the types of lawyers who reduce their profession to the level of farce and freak shows (here). In Gunn’s case, the state bar informed her in 2010 that she was violating ethical rules by arranging to have her hearings filmed and released to shows. Rather than give up her desire for fame, Gunn resigned from the court and created a fake court called “Last Shot with Judge Gunn,” a show criticized by drug law experts as harmful and misleading. The problem with people like Gunn is that these shows are the product by unrestrained and self-consuming egotism built on the ruins of such professional values.
Continue reading “Arkansas Judge Barred From Using Her Court For Show . . . Resigns And Rents Courtroom For New Reality Court Show” →