Category: Courts

Federal Court Clears Way For Jury Trial on Whether There Is A Different Standard for Blacks and Whites In The Use of the N-Word

While academics and commentators line up to denounce the plan of New South publishers to edit out the n-word from Huckleberry Finn, a federal jury is set to decide whether there is a different standard for a white person as opposed to a black person in using the n-word in the work place. Former Fox29 reporter-anchor Tom Burlington has sued his former station alleging that he was the victim of racial discrimination and a hostile work environment over the use of the n-word.
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California Supreme Court Allows Warrantless Searches of Cell Phones

The California Supreme Court has handed down an important ruling that allows police to search an arrested person’s cellphone without a warrant — a ruling that will allow police access to a wide array of information now kept on modern cellphones.
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Uncivil Action: Florida Lawyers Sanctioned for Email Exchanges

I just saw this story on ABA Journal as a cautionary warning to those lawyers who allow their emotions to get ahead of their judgment. Two Florida lawyers — Nicholas Mooney and Kurt Mitchell — have been sanctioned for an exchange of emails that included such notable comments as one calling the other a “scum sucking loser.” The state supreme court was not amused.

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Why Doesn’t Senator Graham want to ever leave Afghanistan?

SUBMITTED BY LAWRENCE RAFFERTY, GUEST BLOGGER

I had a very peaceful Sunday afternoon watching my beloved Bears take it on the chin against their biggest rival, the Green Bay Packers.  It was sadly peaceful until I read a story that quoted Sen. Lindsey Graham on Meet the Press as stating that he wanted the United States to maintain permanent military bases in Afghanistan even after all NATO forces are transitioned out by the year 2014.  I thought the Bears had done enough to tie my stomach in knots, but Lindsay Graham’s statements forced me to find the last remaining antacid in the house!

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Pa. Man Steals Video Game From Teenager’s Coffin

Submitted by Mark Esposito, Guest Blogger

Pittsburgh area police have arrested 37-year-old Jody Lynn Bennett on suspicion that he stole a hand-held video gaming system  from the coffin of 17-year-old Bradley McCombs, who died in a Christmas Day SUV crash. Seems the respectful, but sticky fingered mourner, attended the viewing to pay his respects. In exchange for his “payment,” he stole the electronic device and three games  from the decedent’s coffin. Bennett fled the funeral home after being confronted by family members.

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Hope Over Experience: Kelsey Grammer Preparing for $50 Million Divorce Payout To Third Wife While Refusing Pre-Nup With Fourth Wife To Be

It is becoming abundantly clear why Kelsey Grammer did not play a lawyer on television. The Frasier star is about to divorce his third wife, Camille Donatacci, who reportedly refused a $30 million settlement because it did not include child support or alimony. He did not have a prenup. However, Grammer, 55, wants to hurry along the divorce so he can marry his fourth wife, 29-year-old Kayte Walsh. However, he is again refusing to do a pre-nup because he is certain this time that they are meant for each other. The case is a textbook account of the limits on lawyers being able to protect clients from themselves.
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Republicans Obstruct the Judiciary

Submitted by Guest Blogger, Lawrence Rafferty

After a wonderful Christmas weekend spent with my family and my two Grandsons, and after celebrating the Bears victory over the Jets, it is time to get back to work.  I was not surprised to read that the Republican minority in the United States Senate have been trying to prevent President Obama’s nominations for the Federal Judiciary from receiving a vote on the Senate floor.  However, I was shocked to see the extent of the intentional obstruction.  The Obama Administration has the lowest judicial confirmation record since before the Carter administration.  Almost one of every nine judicial judgeships is currently without a Federal judge on the bench.  How could a minority in the Senate derail the nominations of so many judges to the Federal bench? 

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China Cuts Off Access Of Lawyers to Leading Human Rights Advocate

The Chinese government has cut off access of lawyers to leading human rights advocate, Liu Xianbin, 42. He was charged in June for subversion for “incitement to subvert state power” for his articles that included his reflections on the 1989 Tiananmen Square protests and the arrest of Nobel Peace Prize winner Liu Xiaobo.
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Federation for American Immigration Reform (FAIR)

-Submitted by David Drumm (Nal), Guest Blogger

FAIR and its legal arm, Immigration Reform Law Institute (IRLI), have been busy. FAIR and IRLI have been hopping state-to-state helping local governments craft anti-immigration ordinances, like  Arizona’s infamous SB 1070. Arizona’s legal fees have already exceeded $1 million.

Desperately needed tax payer funds are being used by local governments to fight legal challenges to the ordinances drafted with the assistance of IRLI.

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Justice Delayed is a Judicial Vacation Denied: Judge Orders All-Nighter For Jury in Murder Case To Accomodate Her Vacation Plans

Some judges are lionized for their record of moving cases along. Nevada judge Valerie Vega, however, is being ridiculed when she pushed jurors to work through the night in a murder case so that the trial would not interfere with her vacation plans. It appears that things that happen with Vegas do not stay with Vega.
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In The Spirit: Scott Lane

Submitted by Mark Esposito, Guest Blogger

Passing through Colerain Township just north of Cincinnati, 41-year-old plumber Scott Lane, saw his nightmare unfold. His springtime cross-country trip was uneventful up to this point, but now he faced the fear that awakens motorcyclists from their sleep – a careening car crossing into his lane and heading straight for him. At the wheel, 24-year-old Amber Schwartz, her blood infused with morphine and oxymorphine, was feeling neither pain nor anxiety. Despite laying the bike down, the crash was unavoidable.

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Justice Merely Blind, Not Heartless During Holiday Season

Submitted by Mark Esposito, Guest Blogger

An Ohio Judge and two public defenders are in the Spirit. Hearing the plight of a formerly homeless woman attempting to expunge her record of a minor felony, the three came up with the $57.00 needed to pay her restitution and allow the Cleveland native a new lease on life. Said Judge Timothy McCormick, “it seemed like the easiest and best thing to do, especially given the season.” Amen.

Source: msnbc.com

~Mark Esposito, Guest Blogger

IS IT ETHICAL ERROR FOR JUSTICE SCALIA TO MEET THE TEA PARTY CAUCUS?

SUBMITTED BY LAWRENCE RAFFERTY, GUEST BLOGGER

I recently read that U.S. Rep. Michele Bachmann is coordinating a crash course on the Constitution for the new members that will be joining the House in January.  I was a little surprised that one of the guest speakers for that course will be Supreme Court Justice Antonin Scalia.  While it is not unusual for Supreme Court Justices to interact with members of Congress, it disturbs me that Justice Scalia will be meeting with the Tea Party Caucus behind closed doors.  These very same members of the Tea Party Caucus have very definite ideas and opinions on current national issues that may reach the Supreme Court in the near future.  This recent article in Bloomberg suggests that Justice Scalia’s presentation will “…focus on separation of powers, said Kathy Arberg, the Supreme Court’s spokeswoman.” http://www.bloomberg.com/news/2010-12-15/scalia-will-deliver-speech-before-bachmann-s-tea-party-caucus.html Continue reading “IS IT ETHICAL ERROR FOR JUSTICE SCALIA TO MEET THE TEA PARTY CAUCUS?”

Did Hudson Err? You Be the Judge

-Submitted by David Drumm (Nal), Guest Blogger

Orin S. Kerr
Kurt T. Lash

That would be Judge Henry Hudson who recently struck down the Minimum Essential Coverage Provision of the Affordable Care Act that requiring all citizens obtain health care coverage, here. In one corner we have Orin S. Kerr, professor of law at The George Washington University Law School. In the other corner we have Kurt T. Lash professor of law at The University of Illinois College of Law.

It is Necessary and Proper that you read on.

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Pssst, Hey Buddy, You Wanna Buy a F-5B?

Submitted by Mark Esposito, Guest Blogger

The Feds have arrested 35-year-old Californian, Marc Knapp, for trying to sell an F-5B fighter jet to Iran. Knapp was nabbed in a government sting operation that crisscrossed the country from Pennsylvania to California and even ranged to Budapest, Hungary. For his part, Knapp was unconcerned that the nation that once promised “Death to America,” and  is reputedly looking for a nuclear weapons capability might acquire an  US-made fighter jet.

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