Category: Criminal law

Something About Natalie

Submitted by Mark Esposito, Guest Blogger

It must have been that scene from Splendor in the Grass. You know the one where she is called to “stand and deliver” by the Nurse Ratchet-like school marm on William Wordsworth’s poem Ode: Intimations of Immortality. It’s an uncomfortable, vulnerable, and powerful bit of celluloid as the emotionally torn teenage beauty struggles with life and youth lost, and then distraught bursts into tears only to flee the classroom.  It seemed a requiem for the 60s, and the reason for the activism of its time. It’s a fair estimate of  Wood’s own life, as well.

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The Smell of Corporatist Fear, Smells Just Like . . . a Lobbyist Memo

Submitted by Gene Howington, Guest Blogger

UPDATED: Newton’s Third Law of Motion is commonly expressed by the phrase “for every action, there is an equal and opposite reaction”.  The action in question is the Occupy Wall Street Movement.  The reaction in question is fear.

Huffington Post obtained a copy of a memo being sent by high-powered Washington lobbying firm Clark, Lytle, Geduldig, Cranford to one of its major Wall Street clients over Thanksgiving.  Previously unnamed, it has been revealed that the major Wall Street client in question is the American Bankers Association.   The four page memo was first revealed by MSNBC’s Chris Hayes, host of the show “Up with Chris Hayes“.  The first two paragraphs of the memo are indicative of the mood and probably sets the tone for what many in the lobbying industry are having to admit as an inconvenient truth.   Namely the truth that the OWS Movement is gaining traction for their cause and doing so in such a way that politicians are eventually going to be forced to put on the appearance of action in bringing the criminals on Wall Street to justice if not actually bring them to justice.  The fear on behalf of the lobbyists and their Wall Street clients is palpable.

The first two paragraphs of the Thanksgiving Memo read as follows:

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Teaching Supply and Demand: Florida Teacher Accused of Selling Math Grades

A math teacher in Fort Myers, Florida is under fire for teaching his students about supply and demand within a market-based system. Jeff Spires’ problem appears to be his choice of pedagogical vehicle: purchasing their own grades. Spires was suspended from Charlotte County High School in Charlotte County, Fla., without pay on Oct. 14 and resigned two weeks later. This “new math” approach could have promise for wider applications as discussed below. Think of it as a variation of Adam Smith’s work, a type of “Wealth of Students” approach to the job market.
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Illinois Man Admits To Selling Penis Enlargers to Treat Diabetes and Bladder Patients

An Illinois man, Gary Winner, pleaded guilty to criminal charges in Rhode Island after selling “penis enlargers” to diabetes patients to help with “bladder control, urinary flow and prostate comfort.” This could make for an a particularly novel product liability claim as well as a negligence case.

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Long Island Student Arrested After Killing Rabbit With Hockey Stick and Then Using Dead Rabbit As Puck

Nicholas Coyle, 19, is facing charges of animal cruelty in Rhode Island after he allegedly killed a rabbit with a hockey stick and used the body as a puck. He is a student at Salve Regina University.

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Garden-Variety Crime: California City Criminalizes Artificial Turf

In Ireland, “grass” is a term for a criminal informant. In Gendale, California, it is a crime itself if it is a fake. The city has added its name to the growing list of cities criminalizing trivial acts — part of a pattern of the criminalization of America discussed in past columns and blogs.
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Chicago Journalism Professor: Chicago Police Department Detained Him and Deleted Video of Arrest

EXCLUSIVE. Loyola University Professor Ralph Braseth in Chicago has shared with me a complaint alleging another incident of police ordering a citizen to delete videotape of an arrest taken in public. I have previously written about this worrisome trend. The difference is that Braseth is a journalism professor. The complaint raises some extremely serious allegations of censuring a journalist and violating core constitutional rights. If true, it is a telling retort to the taunting remarks of Judge Richard Posner recently about the “snooping” of citizens on police.
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Video Shows Chicago Youths Laughing After Elderly Man Is Knocked Out on CTA Platform

  This week, as a Chicago native, the euphoria of the Bears continuing their resurgence on the field with a win over the Detroit Lions yesterday is being dampened by this video from the Chicago Transit Authority (CTA). On the video, a young man knocks out an elderly man as others laugh and cheer.
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How Much Privacy Do You Expect? The Death of Privacy In America

Below is my column today in The Washington Post. The article explores the famed Katz test and whether, in trying to save privacy in America, the Supreme Court may have laid the seeds for its destruction. The test ties our privacy protections to our privacy expectations. Thus, as our expectations falls, warrantless surveillance rises — causing our expectations again fall and in turn allowing warrantless surveillance to rise further. It becomes a face to the bottom of privacy. The terrible truth is that the death of privacy in America will not be accompanied by thunderous applause, but a collective yawn from an indifferent people. Here is the column.
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Down In the Valley I: Penn State – What Did They Know and When Did They Know it

Submitted By Mark Esposito, Guest Blogger

Who Are Penn State?

That ultimate question uttered by Senator Howard Baker encapsulated the Watergate Era as Congress grappled with assessing culpability of President Richard Nixon, who was then at the zenith of his presidency. Now almost forty years later, the nation is again captured by a fall from grace as steep and as fast as Nixon’s. And again that question has to be asked of “America’s Football Coach.”

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Can Penn State Or Paterno Be Sued For Negligence?

We have been following the unfolding scandal at Penn State. There is widespread agreement that the coaches on the team, as well as the university, acted reprehensibly in their response to the alleged sexual abuse of young boys by Jerry Sandusky (at least outside of the rioting students who appear to believe Coach Joe Paterno should not be blamed for doing little after learning of an alleged rape of a minor in a shower). The question is whether Paterno or Penn State could face credible complaints seeking civil liability for negligence.

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Minnesota Woman Steals Fur and Then Succeeds In Hiding It In Her Underwear For Three Days of Incarceration

The article below includes an incredible video that shows Stephanie Moreland stuffing a $6500 fur coat from Alaskan Fur Company into her underwear on New Year’s Eve. What is remarkable is that she was able to conceal the coat in her underwear for three days before turning it over. The police failed to discover the coat during her processing.

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Malaysian States To Force Homosexuals To Appear Before Sharia Courts For Added Punishment

Two Malaysian states are moving to further increase the punishment of homosexuality in their enforcement of Sharia law. New laws in Pahang and Malacca would increase penalties beyond the current provisions allowing for up to 20 years in prison and caning. What is interesting is that the laws are designed to guarantee consecutive sentencing so that the local punishment would be in addition to the federal punishment.
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