The cultural appetite of Chinese for exotic and endangered animals has long fueled the global black market for such products and sustained an army of poachers who are forcing various species into extinction. This cultural taste is combined with China’s unrivaled anti-environmental record. Those elements came together this week when a Chinese vessel, the F/N Min Long Yu ran aground in a protected coral reef in the southwestern Philippines. Not only did the vessel damage the protected area, but it turned out to be illegally present in the area and loaded with more than 22,000 pounds of meat from a protected species, the pangolin or scaly anteater. The Chinese crew then allegedly tried to bride the Filipino coast guard to just look the other way — a common practice in China.
Category: Criminal law
Despite the deluge of stories on how white supremacists and other gangs are killing prosecutors, Texas police have said that they believe that the recent murders of District Attorney Mike McLelland and his wife, Cynthia and an assistant DA, were the work not of gangland hitmen but a disgruntled former justice of the peace named Eric Williams, 46. However, Williams is thus far charged with making a “terroristic threat” to residents via email and being held on $3 million bond.
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
I have seen the suggestion before that Welfare recipients need to be drug tested to make sure that taxpayers are not paying for the drug habits of those evil poor people. I have even seen relatives allude to it in messages on social media sites and I have witnessed friends championing the idea in personal emails. I always wondered why some people think that the poor must be abusing the state and federal aid programs and therefore must have drug tests to insure that the taxpayers money is not being wasted. While I agree that taxpayers money should not be wasted, I have not seen any benefit from forcing people to be drug tested before they receive their aid payments.
The State of Florida tried this from 1999 to 2001 and reintroduced it in 2011. The Florida plan was subsequently struck down by the courts because there was no evidence that poor people abused drugs more often than their wealthier counterparts. “The state of Florida passed an almost identical testing procedure that ran from 1999 to 2001 and was reintroduced in July of 2011 that was struck down by the 11th U.S. Circuit Court of Appeals in Atlanta the following month, citing the fact: ‘ “there is nothing inherent to the condition of being impoverished that supports the conclusion that there is a `concrete danger’ that impoverished individuals are prone to drug use.” ‘ Crooks and Liars Does it surprise you that it took the 11th Circuit Court of Appeals before this expensive and intrusive process was ended in Florida? Continue reading “Drug Testing Welfare Recipients to Prevent Abuse”
Below is my column this week in USA Today (the print version will run Wednesday while the web-version ran today). We have been following the increasingly draconian copyright and trademark laws used against citizens and companies — laws secured by an army of lobbyists, lawyers, and an obedient Congress and White House. The impetus of the piece is the Myriad case to be heard on Monday, where the Supreme Court will have to decide whether a company can patent human genes. The company argues that it took considerable research to isolate the genes associated with breast cancer and that patent protection gives companies like Myriad to do such extensive research and development. For many others, the patent claim represents a virtual franchising of the human body – giving companies claim to something that exists in nature. It also gives these companies a critical gatekeeper control on research into key components of cancer, Alzheimer’s disease, asthma, and other health threats. While this column deals with statutory expansions of private property claims over genes, common phrases and images, there is an equal expansion occurring in the common law, including the “misappropriation of name or likeness.” Perhaps the most infamous such authority can be found in the case of White v. Samsung. In this case, Vanna White sued Samsung over a commercial that showed a robot with a blonde wig turning cards in a game show. It was an obvious parody but the federal court found the image of a blonde who did nothing but smile and turn large cards belongs exclusively to White.
This column is meant to show that there is a broader problem in the rush to claim common material, images, and terms. Perhaps it was inevitable that with the ever expanding patent, copyright, and trademark laws, mankind itself would become a form of property: the ultimate evolution from creator to object.
Continue reading “From Creator To Object: The Supreme Court To Consider Patent Claim To Human Genes”
By Mark Esposito, Guest Blogger
Patricia Hill thought she made quite the find after purchasing a turn of the century Georgian mansion to convert to a bed and breakfast. The previous owner, coal tycoon J.P. Brennan, had stashed 108 bottles of vintage 1912 Old Farm Pure Rye Whiskey in his walls and stairwell as a hedge against the nanny state of his time, Prohibition. “My guess is that Mr. Brennan ordered 10 cases, pre-Prohibition,” said Hill. “I was told by his family that family members used to greet him at the door each day with a shot of whiskey.” Now, that’s a greeting.
By Mark Esposito, Guest Blogger
Can laughing too loud in your own home make you a bully? Some neighbors in Long Island’s Rockville Centre think so and have called police to the home of 42-year-old Robert Schiavelli about 30 times. Robert, who suffers from a host of neurological problems and seizures, lives at home with his mother and has a distinctive laugh — with a timbre somewhere between the laughs of Woody Woodpecker’s and Curly Howard’s from the Three Stooges. Schiavelli claims the laugh is a defense mechanism against neighbors who routinely taunt him with screams of “retard,” and other epithets tied to his condition. Neighbors respond that Robert makes the annoying laugh at his bathroom window and that the noise can be heard across the street. They also claim it’s a form of bullying.
In Kingsport, Tennessee, former Mount Carmel Vice Mayor William Blakely is accused of distracted driving. No he was not texting or reading while driving. That would actually be an improvement according to others drivers. Rather, other drivers accused him of exposing himself and masturbating while driving.
Continue reading “Former Tennessee Vice Mayor Arrested For Allegedly DWM — Driving While . . .”
This disturbing video has gone viral of a mother on a bus this week who threw her baby in order to fight another women on the bus. The question is what the criminal charge should be in such a case. There is no record of any charge at all but the video feeds offer little information of the aftermath.
Continue reading “Video: Woman Tosses Baby To Fight With Another Woman On City Bus”
This week produced a reminder of the lack of separation of temple and state in Israel where the government routinely enforces Jewish religious laws. Tourists at the Western Wall watched as women were arrested in Jerusalem’s Old City for merely wearing prayer shawls in defiance of Orthodox beliefs. Orthodox laws govern the activities at the wall and Orthodox Jews believe that only men can wear shawls and pray at the wall.
Continue reading “Israeli Police Arrest Women For Wearing Prayer Shawls At Western Wall”
We have been following the continuing abuse of citizens who are detained or arrested for filming police in public. (For prior columns, click here and here). Despite consistent rulings upholding the right of citizens to film police in public, these abuses continue. Usually police claim that it is a crime to film them. San Diego police have been videotaped with a new and even more disturbing angle on these cases. Police officers were videotaped telling Adam Pringle that his cellphone was a weapon and then arresting him.
As Vladimir Putin secures a new blasphemy law against critics or mockers of religion, Russian Orthodox Church Patriarch Kirill is showing that, while insulting his faith is a crime, insulting women is divine. Kirill condemned “feminism” as “very dangerous” for families and Russia, encouraging women to focus on housekeeping and children.
Continue reading “Russian Patriarch Condemns Feminism As “Very Dangerous””
The Russian State Duma has reportedly moved forward with new legislation pushed by the Putin government to criminalize blasphemy — a measure designed to please the Russian Orthodox church. As we have discussed previously, Putin has reestablished the link with the Church to crack down on critics and nonbelievers. The new law purportedly protects religious feelings of believers.
Continue reading “The Russian Duma Moves Toward New Blasphemy Law”
The Justice Department has long been accused of whitewashing misconduct of its own prosecutors and rarely acting on acts of prosecutorial misconduct, including common complaints of federal prosecutors withholding evidence and making misrepresentations to counsel or the courts. Even in high profile cases of misconduct, the Justice Department often drags out investigations only to later quietly end them without sanctions. One of the few sanctions meted out by the Justice Department came with attorneys responsible for the disastrous prosecution of former Senator Ted Stevens where their misconduct not only led to reversal of the case but the waste of millions of dollars. Now, however, an Administrative Law judge has overturned the suspensions of two federal prosecutors.
The Justice Department imposed the suspension after finding that the two prosecutors had engaged in reckless professional misconduct. Notably, this finding excused the prosecutors of intentional misconduct, a finding ridiculed by many in a case of clear prosecutorial abuse. The penalty came years after the misconduct and only involved a suspension without pay. Joseph Bottini was suspended for just 40 days and James Goeke was suspended for just 15 days. Even that is now dismissed under the ruling of Judge Benjamin Gutman. The reasoning gives an insight into why it is so difficult to get the Justice Department to mete out even mild punishment for prosecutorial misconduct.
India is dealing with yet another shocking rape case coupled with police abuse. What is most striking about this case is that the police officers abusing the victim were women. A mother brought her 10-year-old daughter to two female officers after she was allegedly raped. The officers responded by putting the girl into jail.
Continue reading “Mother Takes Ten-Year-Old Rape Victim To Indian Police Who Promptly Arrest Victim”
There is a bizarre case out of Gonzales, Louisiana where an off-duty police officer named Chase Delatte was cavorting in a strip club called Crazy Horse Cabaret when he went into the bathroom to check if his firearm in his ankle holster was loaded. It discharged and put a slug through the bathroom door. Accordingly to reports, Delatte then went outside, paid his bill, and simply drove home.
Continue reading “Louisiana Cop Discharges Weapon in Bathroom Of Strip Club And Then Leaves Scene”