-Submitted by David Drumm (Nal), Guest Blogger
McGehee High School, southeast of Little Rock, Arkansas, would not let Kymberly Wimberly, 18 and black, be valedictorian even though she had the highest GPA. A white student was named as co-valedictorian even though the white student had a lower GPA. Wimberly’s mother, who works at the school as its certified media specialist, heard school personnel express concern that her daughter’s status as valedictorian might cause a “big mess.”
Submitted by Mark Esposito, Guest Blogger
A coalition of conservative groups filed for an injunction in a Livingston County, New York Supreme Court (a trial court in NY parlance) asking the judge to overturn New York’s same-sex marriage law. New Yorker’s for Constitutional Freedom (NYCF) seek to enjoin operation of the law claiming that procedural requirements for the legislation were ignored, legislators were promised huge campaign contributions in exchange for their vote by NYC Mayor Bloomberg, and that Governor Andrew Cuomo violated the three-day review period by falsely issuing a “message of necessity” to the Legislature to speed up passage of the legislation. Through their lawyers, Liberty Counsel, the conservative action group also claims the public and lobbyists were shut out of the process.
Continue reading “NY’s Marriage Equality Act Sees First Court Challenge”
Submitted by Mark Esposito, Guest Blogger
Rarely do I disagree with our host, but on the Brown polygamy case we do. And not so much on the merits of the case as on the timing of it. I’ve said before I would decriminalize the practice of polygamy and regulate it much as we do other human relationships where there exists real risk of overreaching or exploitation. I think this approach serves the interests of the important right of privacy and protects the vulnerable.
Continue reading “Lessons from Roe in the Brown Polygamy Case”
Here is my column this morning in the New York Times. As is the case (even on my own paper, USA Today), the writer does not select the titles. In this case, “One Big, Happy Polygamous Family” seems a bit mocking. Thus, I have added my own title.
Continue reading “Privacy Without Politics: Why The Sister Wives Lawsuit Is About Privacy Not Polygamy”
Submitted by Mark Esposito, Guest Blogger
London plumber, Ian Puddick, was aghast after reading a text message on his wife’s cell phone. It seems Leena, was having an affair with Tim Haynes, an insurance broker at one of London’s hoary financial houses and a City Director. The affair began at a company Christmas Party (don’t they all) and continued for ten years. Rather than an immediate face-to-face confrontation with all the messiness that involves, Puddick set up several websites and then began to Twitter the racy cyber-dialog between the illicit lovers. One read, “Where do you want to have sex next? The office, al fresco, the flat or all three you greedy girl?” He supplemented the shorthand with videos and a blog– all dedicated to the affair.
Contributed by: Mike Spindell, Guest Blogger
All society’s see themselves as “civilized” which connotes that they are humane in their treatment of all within their purview. One society will compare their society towards another, disparagingly in most cases, seeing the “other” as less “civilized” and more barbaric. We all know the clichés about the cruelties of Mexican, or Turkish prisons for instance and our American tendency is to look down our noses upon the barbarity of those countries in dealing with all prisoners, not just felons. How smug we are in our self-satisfaction that America is a modern culture with no hint of the backwardness and barbarism of less modern cultures. In my view this has been merely the legerdemain of mass delusion. I say delusion because the sad truth we all know is that many of our prisons and many of our Jails are “hellholes”, perhaps only degrees better than certain other more “barbarous” Nations are. Our literature and media have for years dealt with the harshness of our prison system. Indeed our gallows humor puts forth the hardly clichéd image of prison rape as a fit punishment for some. A current story conveys our dilemma in seeing the truth of our own lack of civilization, dealing with those who commit crimes both of heinous and victimless nature. Continue reading “How Should A Civilized Society Deal With Criminals?”
When Kelly Ballentine was given several parking tickets, she lucked out by getting a lenient judge: herself. The Lancaster Magisterial District Judge dismissed a no-parking ticket and an expired registration ticket in December and a no-parking ticket in January.
Continue reading “Pennsylvania Judge Under Fire For Dismissing Her Own Parking Tickets”
-Submitted by David Drumm (Nal), Guest Blogger
With the Fourth Amendment a mere shadow of its former self, its time to apply the same erosional process to the Fifth Amendment. The Justice Department has asked a federal judge to compel Ramona Fricosu, charged with bank fraud, wire fraud, and money laundering related to a mortgage scam, to decrypt the files on a laptop found during a raid on her home. Fricosu now faces the cruel trilemma: perjure herself by claiming she doesn’t know the passphrase, incriminate herself by decrypting the files, or face contempt of court for refusing to decrypt.
Today, we filed the complaint below in the challenge to Utah’s criminal polygamy law. I am still in Salt Lake City for the filing. With me today is our local counsel Adam Alba, an outstanding young attorney and one of my former students. As noted earlier, the lawsuit is on behalf of my clients, the Brown family. The Browns are featured in the TLC program Sister Wives as an openly polygamous family.
Continue reading “Brown Family Challenges Utah’s Polygamy Law”
As reported by The New York Times and National Public Radio, I will be traveling to Salt Lake City today to file (on Wednesday) a challenge to the Utah statute criminalizing bigamy and cohabitation. The lawsuit will be filed on behalf of my clients, the Brown family. The Browns are featured in the TLC program Sister Wives as an openly polygamous family.
Continue reading “Brown Family To File Challenge To The Criminalization of Polygamy In Utah”
-Submitted by David Drumm (Nal), Guest Blogger
In Indiana, an intoxicated passenger in a car pulled over by police, is guilty of public intoxication.
Indiana code defines public intoxication as being “in a public place or a place of public resort in a state of intoxication caused by . . . use of alcohol . . . .”
Continue reading “The Interior Of Your Car Is A Public Place”
Here is today’s column on the Casey Anthony trial (the print copy runs next week). Anthony is to be released in a matter of days, though the original calculation of next Wednesday appears to be incorrect.
Continue reading “Casey Anthony Case: Hate the Facts, Not the Jury”
We previously discussed how the parents of Amanda Knox are being sued by police for objecting to their shoddy investigation. It is an absurd case — one of many such defamation cases in Europe where courts allow lawsuits over comments that would be protected from liability in the United States. Now, the judge in the libel case has resigned due to a conflict of interest, but the police are still going forward with the lawsuit — despite the fact that recent disclosures establish clearly shoddy work by the police.
Continue reading “Knox Parents Get New Judge In Defamation Case”
As the lawyers prepared for final arguments in the capital murder trial of Casey Anthony, Orange County Chief Judge Belvin Perry Jr. hit the defense with a major ruling barring them from making a key argument to the jury: that Casey had been sexually abused. Perry ruled that there was no evidence to support the allegation and therefore defense counsel Jose Baez would be prevented from even mentioning it in his closing.
Continue reading “Judge Bars Critical Defense Argument in Casey Trial”
Submitted by Elaine Magliaro, Guest Blogger
Edgar Dean Mitchell, a lunar module pilot and the sixth person to walk on the surface of
the Moon, is being sued by NASA. NASA wants Mitchell to return a camera that went to the Moon on the Apollo 14 mission. A lawsuit filed by the federal government on Thursday in a South Florida federal court claims that the former astronaut tried to sell the camera in an auction.
Continue reading “NASA Sues Former Apollo 14 Astronaut over Lunar Camera”