As many of you have followed, there is a controversy that appears to building by the hour. Let’s start with a quick recap. There is a free speech controversy swirling around an ethics complaint in Illinois brought by University of Denver law professor Nancy Leong (below left). Leong runs a blog site called Feminist Law Professors and recently discovered the identity of an anonymous commenter who has, according to Leong, left racist and sexist comments. She says that he is a a public defender in his late 40s and she wants him punished for his comments. He posted under the name Dybbuk. Some of us criticized that complaint as ill-advised and a threat to free speech principles. Then University of Chicago Professor Brian Leiter (left) who held a poll of sorts to determine if he should reveal the name of Dybbuk. Leiter says that Professor Paul F. Campos (right) has threatened him not to reveal the identity of the poster targeting Nancy Leong with the disclosure of unspecified embarrassing information on Leiter. That is where we last left this controversy. We have now received a response from Professor Campos.
Category: Criminal law

We have been discussing the effort of University of Denver law professor Nancy Leong to have the Illinois bar punish an anonymous poster called “Dybbuk” who criticized her on a blog as well as other female law professors. Now, University of Chicago Professor Brian Leiter (right) has added a rather bizarre twist to this story on his blog. Professor Leiter says that Professor Paul F. Campos (left) has threatened him not to reveal the identity of the poster targeting Nancy Leong with the disclosure of unspecified embarrassing information on Leiter. [Update: Professor Campos has responded]

A couple in North Chicago, Illinois, Brandy Allen and Nicholas Timmons, have filed a lawsuit against the Lake County Metropolitan Enforcement Group, a Lake County MEG officer, “unknown agents” and “unknown police officers” in a disturbing case of alleged robbery and abuse. The couple says that police stopped them without cause and proceeded to arrest them, interrogated them, and ransack their apartment. They also allege that police took an array of valuable items from their apartment and refused to return the property.
As soon as the police arrived, the body of Denver Lee St. Clair, 58, seemed to rule out suicide or natural causes. St. Clair was suffocated by his own underwear. He also had evidence of blunt force trauma. Police say that his stepson, Brad Davis, 33, strangled him with a homicidal atomic wedgie.

There are times when Iran and other sharia-based countries look like characters out of a Fellini film. This week, Iran’s Ayatollah Ali Khamenei issued another fatwa to Muslims that left the rest of the world chuckling. Khamenei has outlawed participation in social networks that include both men and women. He wants something akin to a Cyber Burka for women to avoid even getting as little as a tweet from a man who is not a family member. Adding to the absurdity, he used his website (which presumably has both men and women) to make the announcement.. He also has a Facebook but presumably any future “friends” will be male.
Continue reading “Introducing the Cyber Burka: Iran Outlaws The Virtual Intermingling Of The Sexes”
There is a troubling case out of Boiling Spring Lake, North Carolina, where a family says that police were called to assist them with their son, Keith Vidal, 18, who was having a schizophrenic episode. After tasering and holding down the boy, an officer shot and killed him. The family says that the police pointed out that he had a screwdriver but they say that the screwdriver was tiny and could not have hurt anyone and that Vidal, who was being held down by multiple officers, was only 90 pounds.
We have previously discussed the alarming rollback on free speech rights in the West, particularly in France (here and here and here and here and here and here) and England ( here and here and here and here and here and here and here and here and here). Much of this trend is tied to the expansion of hate speech and non-discrimination laws. Often these cases involve vile or obnoxious speech, but such speech is the test of our values. We do not need laws to protect popular speech. One case in point is French comedian Dieudonne M’Bala M’Bala, who likes to target Jews in his popular shows. He has already been hit with fines approaching $100,000 for his jokes and there is no a move to have been prosecuted criminally. For jokes. Bad even sick jokes to be sure. But jokes.

The Obama Administration continues to struggle with questions of why it has blocked any investigation, let alone prosecution, of James Clapper (right), director of National Intelligence, who previously acknowledged lying before the Senate. Not only has Clapper not been fired, but Obama has asked him to help oversee the “reforms” of the very abusive program that he helped run and then lied about to Congress. It is part of America’s Animal Farm where government officials can commit crimes with impunity while pursuing others like Snowden for arrest. Yet, the questions persist about Clapper so the Administration sent forth National Intelligence general counsel Robert Litt (left), who promptly made it far worse.
Even for people who have followed the utter depravity and hatred of Muslim militants in places like Afghanistan, the BBC report from Helmand province yesterday truly shocked the conscience. BBC is reporting that an eight-year-old girl was found approaching a police checkpoint wearing a suicide vest. She is thought to be the sister of a leading Taliban commander.
Continue reading “BBC: Taliban Commander Sends Eight Year Old Sister On Suicide Mission”

Sen. Bernie Sanders asked the National Security Agency (NSA) a question that one would have thought would be easy to answer: has the NSA spied on Congress with its massive surveillance programs? The answer that came back was chilling in what it did not say. The NSA would only assure Sanders that it has “the same privacy protections as all U.S. persons.” That must be a bit unnerving for Congress since it has allowed the NSA to strip citizens of the most basic privacy protections.
There is an interesting case out of Iowa City where Levi B. Carter, 28, has been charged with drunk driving. Nothing uncommon there. However, Carter was arrested at his home after a passenger called police following a crash into a street sign. He was found at home with a blood alcohol content nearly six times the legal limit.

We have previously discussed the interesting case of German architect Gerhard Becker, 49, who was criminally charged for his negligent designs at a Hollywood Hills mansion, particularly a fireplace that was designed for exterior use only. The case raised the question of where we draw the line between civil and criminal liability. It now appears that that line will be drawn with Becker on the criminal side. He has reportedly decided to plead guilty to involuntary manslaughter. It is a case that will likely be discussed among architects and builders for years to come. However, Becker’s conduct is sufficiently extreme that it should not be taken as a criminalization of negligence in design. Yet, there is likely to be other cases where victims will demand the same criminal charges against architects in the aftermath of fires or collapses or other problems.
Continue reading “German Architect To Plead Guilty In Fatal Fire”

West Virginia lawyer Jamison Conrad is facing a serious criminal charge that could result in not just his incarceration but his disbarment He is charged with with being an accessory after a malicious wounding. Conrad allegedly helped cover up a shooting by his friend, Michael Underwood, 30, in a dispute over a pizza delivery. The video below was released by the police of the struggle and shooting. You can see one of the two bullet wounds on the back of the shirt of the victim, of Charlie Scott, 23, in the light blue shirt. You can also see Conrad picking up the cellphone of Underwood, which the police claim is evidence in the crime.
Continue reading “West Virginia Lawyer Arrested in New Year’s Shooting Over Pizza Delivery”
By Mark Esposito, Guest Blogger
This is the second of a multi-part article on the Public Interest Defense and its application to the the Edward Snowden situation. The defense is not recognized in America but other nations have considered this legal mechanism to provide an appropriate way to deflect criminal charges from whistleblowers like Snowden. You can read the first installment of the series here.
The Trial of Publius Horatius

When last we met Publius Horatius, soldier of Rome, he had saved the Eternal City from disaster in an epic battle of champions and then was quite ceremoniously convicted of treason against the state for the murder of his sister thus preventing the Senate from dealing with her traitorous grief over one of the fallen foe of Rome. In a clever legal maneuver made at the secret behest of the Roman king, Tullus Hostilius, who distrusted the designs of the Senate in passing him this hot potato of a case, Publius invoked the ancient right of every Roman citizen to a provocatio ad populum — a direct appeal to the people of Rome. Readers of the Christian Bible will likely recall that Paul of Tarsus was likewise accorded this right by virtue of his Roman citizenship, though by this time Rome had moved from a republic to an empire and the appeal was made to Cæsar himself.#
Submitted by Darren Smith, Guest Blogger
A pilot program has been initiated in four Washington counties and two municipalities. Essentially the program requires those convicted of a second DUI offense are required to 24/7 daily monitoring consisting of a twice daily visit to a jail for a breath test or an ankle monitor capable of reading breath samples. Both options are mandated at cost to the offender. A newly created state law, effective January first, provides for this program named the 24/7 Sobriety Program Pilot Project.
The program is the result of repeat DUI offenders who have posed significant risk to the public and have shown to not be easily deterred from future violations by present statutes and sentencing. Yet some may question the effectiveness of the program and whether it places an undue burden on offenders who might not have the means to comply.
Continue reading “New DUI Program Requires Mandatory Daily Monitoring: Protection For The Public Or Undue Burden On Offenders?”