Below is my column this morning in USA Today on a campaign by the Obama Administration to pressure colleges and universities to reduce due process protections for students accused of sexual harassment and sexual violence. I have previously written a letter to my own university opposing some of these specific changes, though (like many schools) George Washington appears to be yielding to the pressure. I understand the concern of the Administration and the need to protect victims in this difficult process. We are all committed to maintaining a protective environment for both students and faculty. However, there are other ways to offer such protections without stripping away core due process protections in my view. My greatest concern is with the sexual violence cases because these adjudications will have a lifelong impact on the students (or faculty members) as well as consequences for collateral criminal proceedings. The column below is slightly expanded with material cut for space in the newspaper version.
Category: Courts
One hour ago, our blog passed the 14,000,000 viewer. The fact that we only recently passed the 13,000,000 viewer mark reflects the impressive growth of this blog. Congratulations everyone. Now if we could only get .000001 of those viewers to vote for us on the ABA blog competition we could crush the competition! If you (are any distant relative, incompetent ward, or pet) has not voted, you can vote here and cast your vote today!
U.S. District Court Judge William Shubb has issued a temporary injunction to block enforcement of California’s ban on licensed psychotherapists treating gay minors to change their sexual orientation. Such conversion or reparative therapy was declared scientifically unsupported and potentially harmful. When enacted, some of us raised concerns under the first amendment. Shubb found those concerns to be critical in imposing the injunction.
Continue reading “Federal Judge Enjoins California’s Conversion Therapy Ban”
A new report by Amnesty International reveals in chilling detail how an al-Qaeda affiliate took control of Yemen Abyan province and unleashed a “human rights catastrophe” of Sharia-based “justice” from beheadings, crucifixions, and amputations. In one case, a woman accused of sorcery (a charge we have seen in other Muslim countries like Saudi Arabia) was beheaded and her head then paraded through the streets of a town.
Will County Judge Joseph C. Polito in Illinois has become the latest case of disciplinary action for watching pornography on a work computer. Polito’s use of the courthouse computer was detected on a regular check of the computer system and, to his credit, Polito admitted the misuse. The question has now become the appropriate punishment for two counts under the Illinois judicial code.
Continue reading “Illinois Judge Faces Discipline After Viewing Porn In Courthouse”
Submitted by Elaine Magliaro, Guest Blogger
In August, I wrote a post about Louisiana’s new school voucher program (Stateside Louisiana: School Vouchers and the Privatization of Public Education) that would use tax dollars earmarked for public education to pay for students’ tuitions to private and religious schools. Last week, State District Judge Tim Kelley “declared the diversion of funds from the Minimum Foundation Program (MFP) — the formula under which per pupil public education funds are calculated — to private entities was unconstitutional.” The voucher program is funded by a block-grant program that “Judge Kelley ruled is restricted by the constitution to funding only public schools.”
“Nowhere was it mandated that funds from [the block-grant program]…be provided for an alternative education beyond what the Louisiana education system was set up for,” he [Judge Kelley] wrote. The state can legally fund vouchers, but the funding “must come from some other portion of the general budget,” Judge Kelley said.
The judge, however, did not issue an immediate injunction to stop the voucher program. “The 5,000 students currently receiving vouchers will be able to continue attending their private schools pending an appeal, state officials said.”
Continue reading “Louisiana School Voucher Program Ruled Unconstitutional in State Court”
Submitted by: Mike Spindell, guest blogger
One of the sad lessons one learns, if they live long enough, is that permanency is an illusion. There was a time when most Conservatives in the United States actually cared about the country and its’ people. It’s not that I’m wistful for some bygone era that exists only in my mind, because I’m well aware that the 40’s, 50’s and 60’s were tumultuous times for many including myself. Nor do I have any great love for Dwight Eisenhower and/or Barry Goldwater who I did not vote for in 1964. Yet with all their conservative beliefs, these were men who actually understood something about the needs of people and the motives of some who would call themselves religious leaders. Many of us who have lived long lives remember when the public political discussion in this country contained actual, factual debate, containing depth of ideas, rather than the invective we hear today. The Republicans of the Eisenhower era understood that there was a social contract that existed in this country to ensure that there was a healthy, financially flourishing Middle Class, which is the engine that drives a prosperous modern society. Also Barry Goldwater, who was known as “Mr. Conservative” understood the danger that the Religious hucksters had for his party and the necessity of politicians to compromise. He would ridicule those prominent politicians in his party who would reject the ideas of evolution and blind themselves to science. He also really did believe that government had no business prying into essentially private matters. I disagreed with him on most things, but I at least could respect him, which I can’t do for many prominent politicians of today.
What happened? You know I’ve written about my theories in many of my guest blogs, what are yours?
As protests continue over the power grab of President Mohammed Morsi, Islamists pushed through a draft constitution without the involvement of Christian or liberal members to give Muslim clerics oversight over legislation and add restrictions to free speech, women’s rights, and other civil liberties.
There is an interesting argument raised in a motion for a new trial for convicted murderer, Christopher Vaughn (left). Vaughn was convicted this summer in less than an hour in the killing of his family. Vaughn however is talking about the murder trial of another defendant, Drew Peterson (right). He is arguing that the conduct of the Peterson attorneys was so public and obnoxious that it tainted his own case before the jury.
Cook County State’s Attorney Anita Alvarez failed in her latest effort to strip citizens of a basic right to film police in public — and thereby eliminate the single most effective tool against police abuse in this century. The Supreme Court refused her appeal of the ruling of the United States Court of Appeals for the Seventh Circuit, which expressly criticized Alvarez for her “extreme” position on the rights of citizens. As a native Chicagoan, I remain astonished that citizens have allowed Alvarez to remain in office as she has publicly sought to strip them of their rights and block a tool that has been used repeatedly to show police abuse. For a leading and generally liberal jurisdiction, Chicago has the ignominy and dishonor of leading the effort to fight core civil liberties in this area.
The ABA Journal has released its list of the top 100 legal blogs in the world and we are once again in this august group of blogs. Congratulations to all of our regulars contributors and weekend bloggers. We have previously taken the top spot under the opinion category in the past but the ABA has now eliminated that category. Even more ominous was the decision to put the largest blogs in direct competition under an expanded “News/Analysis” category. This includes the long dominant “Above the Law” site. We would have to punch considerably above our weight to beat “Above the Law,” which is ranking regularly in the top two most visited legal sites in the world. Frankly, it is like a dingy going up against a battleship. However, we have never flinched in the face of superior numbers. So it is time to vote! It takes a very quick registration. Just click here and cast your vote today!
Continue reading “TURLEY BLOG MAKES ABA TOP 100 — NOW IT IS TIME TO VOTE FOR THE TOP BLOG!”
The City of Detroit has left whole areas without street lighting and even proposed allowing buildings to burn rather than spend the money on fire fighters. However, the city is now facing a $1.1 million default judgment in a civil rights suit after its attorneys failed to respond to the lawsuit.
Happy Thanksgiving to everyone. This is my favorite holiday with all of the essential elements of joy: food, friends, and football. Continue reading “HAPPY THANKSGIVING!”
We appear to have another judge acting as a little Caesar from the bench and meting out his brand of justice. In Ohio, Stark County Common Pleas Judge Frank Forchione has sentenced Valerie Rodgers, 46, to making Thanksgiving dinner for three police officers on leave or unable to work. In addition to the dinner, she will be on one-year probation for felony assault and three misdemeanors. This follows another judge who sentenced a teen to ten years of church.
Continue reading “Ohio Judge Sentences Women To Cooking Thanksgiving Dinner For Police Officers”
We have another judge who has decided to create his own system of criminal punishment with novel sentencing. Oklahoma judge Mike Norman has magnified this increasingly common form of judicial abuse by adding compelled religious observance to sentence. Norman deferred a prison sentence for Tyler Alred, 17, in exchange for his agreement to attend church for 10 years. Norman observed “[t]he Lord works in many ways,” including it appears through him and his court. While many would view the imposition of religious observance in a criminal sentence as something akin to an American Taliban court, Norman insists that he has judicially ordered religious practices in the past.