In yet another slap at civil liberties and civil libertarians, President Barack Obama signed an executive order Monday that will resume military tribunal proceedings at Guantanamo Bay, Cuba.
Continue reading “Obama Orders Resumption of Military Tribunals”
Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger
I have been concerned lately about the Constitutional attacks that we have discussed here on Prof. Turley’s blog. One case that I have noticed lately received very minimal main stream media attention and it concerns a vitally important issue. This past week the ACLU argued a case in the Supreme Court that challenges the government’s use of the Federal material witness statute to pick-up and hold in detention an American citizen named al-Kidd who was arrested by Federal authorities in 2003 and detained for over two weeks without a charge. Continue reading “Ashcroft v. al-Kidd”
Here is today’s column in the Los Angeles Times (Sunday) on the recent remarks from Justice Clarence following criticism for his disclosure violations and alleged conflicts of interest.
Continue reading “Justice Thomas’ Dangerous Conceit”
Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger
The nightmare started back in July of 2010. Pvt. Bradley Manning was arrested and detained in the Brig at the Quantico Marine Base on allegations that he stole and then leaked classified documents to Wikileaks. The conditions that Pvt. Manning has been held under have been outrageous from the start. He has suffered shackling, solitary confinement and he has not been allowed normal contact with visitors and the outside world. His visitors have been denied access to him and now the latest humiliating tactic being used by the Department of Defense is to force Pvt. Manning to strip naked in his cell for hours! Continue reading “Stop The Torture of Pvt. Bradley Manning”
Submitted By Mark Esposito, Guest Blogger
Stephen Supers of Elyria, Ohio can’t seem to get anything straight. Pulled for speeding, the 25-year-old gave the arresting officer the distinct impression he was DUI. After failing several field sobriety tests, the alleged offender confirmed the officer’s suspicion and calmed his nerves by slamming back a beer he conveniently had stashed in his car. A subsequent search of the car revealed some other goodies like marijuana. (Quite the mobile pharmacy, you have there, Stephen– allegedly)
Continue reading “No, No, No, You Silly Drunk: Drink First Then Take Field Test”
After U.S. District Court Judge Roger Vinson struck down the healthcare law, we discussed a curious part of his opinion where he declined to grant injunctive relief but then stated that it was not necessary because his declaratory judgment served the same function. I disagreed with that view and recently the Justice Department decided to call the bluff and ask if Vinson believed that he had barred the implementation of the law nationally. They won. Vinson ruled yesterday that the Administration could continue to implement the law — despite various states citing his opinion as the basis for refusing to work with the federal government in implementing the law.
Continue reading “Florida Court Stays Decision on Healthcare — Allowing Continued Implementation of the Law”
This story caught my eye on Reddit because last night I went to a dinner in Milwaukee and discussed how it still takes decades for a civil case to be brought to verdict in India — a huge barrier to businesses and firms in that country. As a demonstration of the problem, it took 33 years for an indian court to award $1 million to Susan Leigh Beer for a fall that paralyzed her on a dirty floor at a pool at the Akbar Hotel in Delhi.
Continue reading “English Woman Receives Damages for Paralyzing Fall at 33 Years in India”
The Supreme Court has ruled that a mortally wounded man’s dying statement is “non-testimonial” and can be used to convict a man of murder. The ruling, written by Justice Sonia Sotomayor raised serious concerns under the confrontation clause of the Constitution. Notably, the strongest voice against the ruling came from Justice Antonin Scalia. Justice Kagan did not participate in the decision in Michigan v. Bryant.
Continue reading “Supreme Court Upholds Use of Dying Statements as “Non-Testimonial” Evidence”
-Submitted by David Drumm (Nal), Guest Blogger
Benjamin Arrow, a 3L at Fordham University School of Law, has raised an interesting question in his article for The Fordham Intellectual Property, Media & Entertainment Law Journal. Can a use in fiction constitute a “use in commerce” sufficient to reserve priority rights in a trademark?
In 1996, Fox won a preliminary injunction against two Australian breweries for manufacturing a product called “Duff Beer.” Fox is also pursuing lawsuits against other breweries, but what harm could Fox allege?
Continue reading “Applying Trademark Law to Fictional Brands”
Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger
After a few recent discussions about Free Speech in earlier threads, I came across another example of how limited our Free Speech really is. At a recent speech by Secretary of State Hillary Clinton, a former CIA employee, Ray McGovern, attempted to protest her speech about Democracy and Freedom of Speech and how the freedom to disseminate information helped the Egyptians rid themselves of a brutal dictator. Continue reading “Is Free Speech Really Free?”
After the posting this morning over the controversy involving former Indiana Deputy Attorney General Jeff Cox, I had an opportunity to discuss the allegations with him in detail. Cox makes an interesting free speech case over his treatment and later termination for comments that he made on Twitter and on his blog. I wanted to share some of those details and the concern over a termination based on a lawyer’s statements in his private life.
Continue reading “Jeff Cox Responds to Criticism in Mother Jones Article”
For two years, some of us have been criticizing President Obama for his Administration’s opposition to same-sex marriage and the Don’t Ask Don’t Tell policy in federal courts. The Justice Department has now announced that it has decided to reverse its position and refuse to further defend the Defense of Marriage Act (DOMA).
Continue reading “Obama Administration Refuses To Defend The Defense of Marriage Act (DOMA)”
There is an interesting case out of Delaware where the Supreme Court overturned a decision by the state Human Relations Commission that the manager of a Dover cinema, David Stewart, was racist for asking people in a largely black movie audience to turn off their cellphones and refrain from talking during the movie. What is most interesting is the individual who appears to have helped organize the complaint to the Human Relations Commission. The decision also overturned the $80,000 fine against the Carmike 14 Theater. The case is Boggerty v. Stewart, 2011 Del. LEXIS 108 (Feb. 17, 2011)
Continue reading “Delaware Supreme Court Overturns Ruling That Movie Announcement to Turn Off Cellphones Was Racist”
Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger
You may have missed this story in the corporate media. It is an issue that is near and dear to my heart. It seems that a Federal Judge has dismissed a case brought by Jose Padilla and others against Donald Rumsfeld and other Bush administration officials, for a very interesting reason. Continue reading “Judge Disallows Padilla Torture Suit Because He Was Tortured?”
Mike Appleton (guest blogger)
A Florida circuit judge has issued an administrative order virtually certain to result in a court battle pitting the right of free speech against the duty of courts to protect the integrity of jury deliberations. The order prohibits “the dissemination of all leaflets and other materials to summoned jurors, as well as approaching a summoned juror for the purpose of displaying a sign to, or engaging in oral protest, education or counseling with information tending to influence summoned jurors on any matter, question, cause, or proceeding which may be pending, or which may be brought, before him or her as such juror… .”