Category: Justice

Justice, Politics, Religion, Society, Uncategorized

Catholic Bishops and Religious Rights vs. Women’s Rights

Submitted by Elaine Magliaro, Guest Blogger

There has been a lot of discussion in the media recently about the HHS contraception coverage mandate. Much of the talk has focused on women’s sex lives and the types of birth control that doctors prescribe for women in order to prevent pregnancy—as well as on the separation of church and state and the mandate’s infringement on religious freedom and the Catholic Church’s First Amendment rights. There has been much less talk about women’s health, women’s rights, and the use of birth control pills to treat certain female medical conditions, including polycystic ovary syndrome and endometriosis. Both of these conditions can cause severe pain and lead to other health problems. According to Bruce Nolan of The Times-Picayune, the Institute of Medicine—which is a non-profit advisory panel—recommended the contraception coverage because “those services are basic to individual health.”

Many Americans—especially women—think that contraceptive coverage and other “female-related” medical services ARE basic to women’s health.  Catholic bishops, however, believe that contraceptive coverage and some hospital services are in conflict with the church’s “moral conscience.” The bishops contend that the church has the right to deny certain types of health insurance coverage for women who work for Catholic institutions. It doesn’t matter to the bishops whether the female employees are members of other religions…are atheists or agnostics. The church’s position is that all female employees of Catholic institutions should be denied access to all forms of contraceptives and not be provided medical insurance that would cover the cost of certain medical procedures. The bishops also believe that certain types of treatment and procedures—including tubal ligations—should not be provided to women at Catholic hospitals.

When I was doing research on an earlier post, The National Women’s Law Center Takes a Position on Contraceptive Coverage & “Extreme” Legislation, I came across some information about Catholic hospitals that caused me great concern. The information left me with the belief that Catholic bishops and the Catholic Church do not seem to value the lives of women as much as they value the lives of men and the unborn. In this post, I will look at the “usurpation of female patients’ rights” at Catholic hospitals. I think after reading my post you will understand why I drew the conclusion that I did.

Continue reading “Catholic Bishops and Religious Rights vs. Women’s Rights” →

Congress, Justice, Politics, Society, Things That Tick Me Off

Corporate Tax Rate and Reality

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

While we have discussed the fairness of the taxes paid and not paid by large corporations in the past, the alleged high corporate tax rate is once again in the news.  It seems that after contraception the Right’s most consistent accusation is that the corporate tax rate is way too high for corporations to compete in the world market. The facts seem to differ from those claims however.

“Corporations are lobbying for lower corporate rates and an exemption for profits they shift offshore. McIntyre, however, says “Our study provides proof that too many corporations are already being coddled by our tax system.” Findings in the report include:
 The average effective tax rate for all 280 companies in the study over the three year period was 18.5 percent; for the period 2009-2010 it was 17.3 percent, less than half the statutory rate of 35 percent.
 78 of the companies enjoyed at least one year in which their federal income tax was zero or less.
 30 companies enjoyed a negative income tax rate over the entire three year period on their combined pre-tax profits of $160 billion.
 Total tax subsidies given to all 280 profitable corporations amounted to $222.7 billion from 2008-2010.
 Wells Fargo tops the list of 280 U.S. corporations receiving the most in tax subsidies, getting nearly $18 billion in tax breaks from the U.S. treasury in the last three years.
 Pepco Holdings had the lowest effective tax rate of all the companies in the study, at negative 57.6 percent over the three year period.”  Citizens for Tax Justice  Continue reading “Corporate Tax Rate and Reality” →

Bizarre, Free Speech, International, Justice

Dirty T-Shirt Defamation

Submitted by Gene Howington, Guest Blogger

Is an opinion defamation?  Is it defamation if it is worn on a t-shirt?  Is it defamation if you post a picture of yourself wearing said t-shirt on Facebook?  Is the manufacturer liable for civil damages a purchaser of their t-shirt incurred since they wrote the content later found defamatory?  An unusual case in Spain raises these questions and more.

A woman in Madrid, Spain is certainly perplexed by a court ruling that found her guilty of a “dignitary tort”. She was sentenced and initially ordered to pay 2,000 euros ( ≈ $2640) in damages and a 240 euro-fine ( ≈ $317), but the court later reduced the damages on appeal to 1,000 euros ( ≈ $1320) and eight days of house arrest in lieu of the fine.  Adding insult to injury, the claimant – her ex-husband – asked that the damages be paid in installments to supplement his 700 euro per month income ( ≈ $924 per month).

This is a cause of action here is one we do not have an exact analogy for in the United States, but defamation is close.  Historically, the primary dignitary torts recognized in English and subsequently American law are battery, assault, and false imprisonment.  These torts still exist under modern American tort law, but they also have criminal law counterparts because they contain elements of violence.  Under modern jurisprudence, the term dignitary torts is more closely associated with defamation (slander and libel), false light, intentional infliction of emotional distress, invasion of privacy, and alienation of affections. In some jurisdictions, the use of the phrase “dignitary torts” is limited to those torts which do not require the threat of or actual physical injury. What was required in the present Spanish case was that the statement in question insulted someone’s dignity and effectively damaged that person’s reputation.

What did this woman do to merit this punishment?  She posted a picture of herself to Facebook wearing a t-shirt with a slogan on it.  Her boyfriend bought it for her while they were on vacation.  It’s the kind of “gag t-shirt” commonly sold around the world.  What did the shirt say that was so offensive?  I’ll tell you below the fold.

Continue reading “Dirty T-Shirt Defamation” →

Academia, Congress, Constitutional Law, Courts, Criminal law, International, Justice, Lawyering, Media, Politics, Society, Supreme Court, Testimony, Torts

A Corporate Tale

Submitted by: Mike Spindell, guest blogger

This week Huffpost ran an article titled:“IBM’s Role in the Holocaust — What the New Documents Reveal”, written by Edwin Black. The article was a followup to Mr. Black’s book “IBM and the Holocaust” published in 2001. As Mr. Black puts it justifying this particular article:

“Newly-released documents expose more explicitly the details of IBM‘s pivotal role in the Holocaust — all six phases: identification, expulsion from society, confiscation, ghettoization, deportation, and even extermination. Moreover, the documents portray with crystal clarity the personal involvement and micro-management of IBM president Thomas J. Watson in the company’s co-planning and co-organizing of Hitler’s campaign to destroy the Jews.” http://www.huffingtonpost.com/edwin-black/ibm-holocaust_b_1301691.html?ncid=edlinkusaolp00000009

These are of course pretty serious charges being made about one of the world’s most famous companies and about its founder. While I will present the nature of these charges and the specificity of the author’s alleged proof in the piece, it really is not my focus to condemn IBM one way or another, or even to vouch for the truth of the article. I will provide a link that offers a different perspective on these charges and will leave it to you the reader to decide what you think of them. My real purpose here is to discuss the necessary amorality of Corporations and what effect that amorality has upon nations and people. Continue reading “A Corporate Tale” →

Courts, Criminal law, Justice, Lawyering, Religion, Society, Testimony, Things That Tick Me Off

Monsignor On Trial For Child Abuse Cover Up Alleges Cardinal Destroyed List of Abusing Priests

By Mark Esposito, Guest Blogger

Cardinal Bevilacqua Whom Prosecutors Deemed An "Unindicted Co-Conspirator" Testified Before the Grand Jury 10 Times

For the first time, law enforcement officials are taking aim at not just child abusing priests but those who enabled the crimes by covering up. And what a cesspool they’ve uncovered.  Monsignor William Lynn, on trial in Philadelphia on charges of conspiracy and child endangerment has filed a novel motion seeking to dismiss all charges. Lynn alleges that Cardinal Anthony Bevilacqua, a long-time pillar in the American Catholic Church, destroyed a memorandum written by Lynn’s superior detailing the abuse and the priests who perpetrated it.

Continue reading “Monsignor On Trial For Child Abuse Cover Up Alleges Cardinal Destroyed List of Abusing Priests” →

Congress, Constitutional Law, Courts, Justice, Lawyering, Politics, Supreme Court

I’ve Got Georgia on My Mind

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

With apologies to the famous song of the same title, the State of Georgia has produced some interesting legislation and proposed legislation these days.  The latest in that long list of specious legislation is the proposal pushed by five Georgia State Senators that would set up a commission to review Federal laws.  Any laws not approved by that commission would be nullified and would not be upheld in their state.  If I understand the proposed legislation correctly, the State of Georgia, if this law is passed, would claim supremacy over Federal law. I realize that in some Tea Party view of the Constitution this makes sense, but not in the real world where the Constitution and court precedent makes it very clear that Federal law supersedes any and all conflicting State laws. Continue reading “I’ve Got Georgia on My Mind” →

Academia, Congress, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Media, Politics, Society, Supreme Court, Testimony

Hypocrisy Democracy: What’s Going On?

Submitted by: Mike Spindell, Guest Blogger

Do you wonder how American politics has gotten so crazy in the last five decades? As someone who has lived through them as an adult I have often been amazed by our evolving political scene. This week the PBS documentary series “The American Experience” focused on the life and the two terms of Bill Clinton. It was a typical PBS historical documentary in that it made sure to present all sides of the issues and of course it dealt with “Whitewater”, Monica Lewinsky and the Impeachment proceedings. While we all lived through this bizarre political period in the 90’s, time and personal matters no doubt has dimmed its memory for most of us who were not directly involved. What fascinated me about this four hour documentary was that even in its non-partisan fairness, it delved into the massive effort made to discredit Bill Clinton begun from even before the inception of his first term. Though he won his election fairly, Republican’s and Conservatives never accepted his legitimacy as a duly elected President. It was this perceived “illegitimacy” that undermined his efforts as President and was the focus of constant attacks from his enemies. I’m not writing this as someone who felt that Bill Clinton was a great President and there were many concessions he made like “Welfare Reform” and “Don’t Ask, Don’t Tell” that I still hold against him. My question is that given his legitimate electoral mandate, did he ever get a chance to actually put his programs into effect and be President?

Bill Clinton entered his Presidency at the end of the first Iraq War. His inaugural speech talked of healing and bi-partisanship, as he would work together with Republicans to create a bridge to the Twenty First Century. The country was in a recession, partly caused by the excesses of military overspending by Reagan and G.H.W. Bush and by their tax cuts for the wealthy. There was a shrinking middle class due to the outsourcing of our manufacturing base and also because the Reagan Social Security “Reform” was actually a massive, regressive tax raise on those of middle income. The Reagan and G.H.W. Bush years burdened the Country with massive budget deficits and in Clinton’s first years the clamoring of the Republicans, Wall Street and the “Chattering Classes” for “Deficit Reduction” was at a fever pitch. We had also seen an illegal involvement in trying to topple the government of Nicaragua, despite a strong Congressional ban and its’ direct perpetrators falling on their swords to protect President Reagan and Vice President Bush. The din of budget deficits was so loud, with predictions so dire, that this newly elected President, with no Washington experience, was forced to accept the specious merits of this argument. Forgotten of course was that it was these selfsame groups, had blithely ignored rising deficits during the twelve years past of Republican governance. Perhaps, in my re-visiting what you already probably knew, a sense of Deja’ Vu might be occurring when thinking of American politics and political issues today? Continue reading “Hypocrisy Democracy: What’s Going On?” →

Constitutional Law, Criminal law, Free Speech, International, Justice, Society

Privacy Rights – To Enumerate or Not to Enumerate, That is the Question

Submitted by Gene Howington, Guest Blogger

Reasonable people tend to agree there is both a right to privacy and that it is necessary.  But what exactly is the right to privacy? Justice Brandeis famously said in Olmstead v. U.S., 277 U.S. 438, 479 (1928), “The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man’s spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the government, the right to be let alone-the most comprehensive of rights and the right most valued by civilized men. To protect, that right, every unjustifiable intrusion by the government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment. And the use, as evidence in a criminal proceeding, of facts ascertained by such intrusion must be deemed a violation of the Fifth.” Plainly put, at its heart a right to privacy is simply a right to be let alone.

However, do we need to specifically protect it or generally protect it? Is that right absolute? Laws, by definition and the nature of entering a social compact, are restrictions on absolute liberty found in the state of nature. One of the larger disagreements at the Constitutional Convention was about whether enumerated rights would serve to unjustly limit those rights versus a failure to enumerate rights would result in rights not being properly protected. This is a valid question surrounding this issue, especially since some would advocate enumerating the right to privacy by Constitutional amendment. There are advantages and disadvantages to both approaches. While specifically defining/enumerating a right creates a foundation for arguments surrounding said right, leaving a right’s definition nebulous allows jurisprudence greater leeway to evolve around fact specific instance and questions that in the long run can result in a more nuanced understanding and application of the right without the constraints a foundational definition might impose. In this light, consider the right to privacy.

Continue reading “Privacy Rights – To Enumerate or Not to Enumerate, That is the Question” →

Constitutional Law, Courts, Free Speech, Justice, Lawyering, Media, Politics, Society, Supreme Court

The First Amendment Versus Pat Buchanan?

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

I am the last person that should be defending Pat Buchanan and objecting to his recent termination as a political analyst for MSNBC.  However, after thinking about it for a while, I have come to the conclusion that Uncle Pat’s firing is an attack on Free Speech and a continuation of the Fox News type mentality on our cable news stations.  Let me first make it clear that most of what Buchanan says on the air is offensive and in some cases, outright disgusting.  However, if we cannot say what is on our mind without limits, do any of us really have the freedom to speak our minds? Continue reading “The First Amendment Versus Pat Buchanan?” →

Courts, Criminal law, Justice, Politics, Society, Things That Tick Me Off

Gov. Walker “Walks” All Over the Proposed Foreclosure Settlement

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

Just the other day we learned of the proposed foreclosure abuse settlement between the Attorney Generals of almost all 50 states and the Big Banks.  In that pending settlement, the Banks will be depositing up to $26 Billion dollars into a fund designed to help homeowners whose homes are under water and who have been foreclosed upon.  “Federal and state officials today will finally announce that they’ve reached a settlement with the nation’s biggest banks over the banks’ various foreclosure fraud abuses, such as “robo-signing” foreclosure documents and submitting falsely notarized documents to courts. The settlement has been in the works for several months, as a few key states — most notably California and New York — were holding out for tougher terms against the banks.”  Think Progress  While some still think the settlement does not go far enough, there is evidence that the settlement could provide real relief for homeowners and for the real estate market.  But the concept of helping the market and homeowners gets lost, at least in the mind of Gov. Scott Walker of Wisconsin! Continue reading “Gov. Walker “Walks” All Over the Proposed Foreclosure Settlement” →

Constitutional Law, Courts, Criminal law, Justice

Show and Tell: Decrypt Your (Potentially Incriminating) Secrets Or Be Held In Contempt

Submitted by Gene Howington, Guest Blogger

The 5th Amendment of the U.S. Constitution reads:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

The language is clear.  There is no reasonable alternative construction or deconstruction of the language that renders any permutation of the right against self-incrimination to yield a contrary result.  You don’t have to offer testimony against yourself in a criminal proceeding in any court of law.  Ever. In what seems an ever increasing and endless assault on the civil rights of American citizens, even this right spelled out in plain language is under attack. This time the alleged assailant is U.S. District Court Judge Robert Blackburn, a George W. Bush appointee.  Judge Blackburn has ordered a criminal defendant to produce a unencrypted version of an encrypted hard drive.  While several lower courts have addressed this issue, the Supreme Court has yet to weigh in on it.  That may change.

But is the 5th Amendment really under attack here?  The 5th Amendment applies to testimony.  The issue at hand here is production of evidence. Different standards and protections can apply to compelling the production of evidence. The case in front of Judge Blackburn is U.S. v. Fricosu.

Continue reading “Show and Tell: Decrypt Your (Potentially Incriminating) Secrets Or Be Held In Contempt” →

Constitutional Law, Courts, Criminal law, Free Speech, Justice, Media, Things That Tick Me Off

Eavesdropping on the Police

Respectfully submitted by Lawrence Rafferty (rafflaw)–Guest Blogger

Here in Illinois it is currently illegal for citizens to audio tape record public officials while they are doing their public duty, even in public.  “Illinois’ eavesdropping ban was extended in 1994 to include open and obvious audio recording, even if it takes place on a public street where no expectation of privacy exists and in a volume audible to the “unassisted human ear.” ‘  Chicago Tribune   When I first heard of this law, I was at first shocked and then my shock turned to anger.  The police can make recordings of citizens out in public while they are in the midst of a traffic stop or even when one is exercising their First Amendment rights on the streets of Chicago.  But, private citizens are not allowed to record those same police officers when they abuse the public or take liberties with constitutional guarantees. Continue reading “Eavesdropping on the Police” →

Academia, Free Speech, Justice, Lawyering, Media, Politics, Religion, Society

Who in Hell is Saul Alinsky?

Submitted by: Mike Spindell, guest blogger

  I’d actually halfway finished a blog on a different subject today, when I was spun in a different  direction. Thursday night I had done something I never do and watched the Republican Debate in Florida. It was frighteningly enlightening to say the least, but what stood out for me was Newt commenting that our President was a disciple of Saul Alinsky. I thought then “How many people today know who Saul Alinsky was and what he represented?” On last nights Bill Maher’s show, Bill asked the question “Who was Saul Alinsky?” as part of his New Rules segment. This morning in HuffPost, Frank Mankiewicz addressed a variant of the same question: http://www.huffingtonpost.com/frank-mankiewicz/america-meet-saul-alinsky_b_1238953.html

The idea of following heroes to me has always seemed silly, yet there are people whose lives and work I deeply admire and to some sense try to emulate. My first was Clarence Darrow and it is therefore no coincidence that I am a denizen of this blog. http://en.wikipedia.org/wiki/Clarence_Darrow .  Clarence Darrow’s picture is used above because it is in the public realm, while mysteriously Saul Alinsky’s isn’t. Obviously, Saul Alinsky is another person whose life I admire. http://en.wikipedia.org/wiki/Saul_Alinsky  Alinsky was a radical in his methods, but one who eschewed the doctrinaire self assurance of an ideologue. When asked if he ever considered joining the Communist Party he famously replied”

“Not at any time. I’ve never joined any organization—not even the ones I’ve organized myself. I prize my own independence too much. And philosophically, I could never accept any rigid dogma or ideology, whether it’s Christianity or Marxism. One of the most important things in life is what Judge Learned Hand described as ‘that ever-gnawing inner doubt as to whether you’re right.’ If you don’t have that, if you think you’ve got an inside track to absolute truth, you become doctrinaire, humorless and intellectually constipated. The greatest crimes in history have been perpetrated by such religious and political and racial fanatics, from the persecutions of the Inquisition on down to Communist purges and Nazi genocide.”

His was a belief that has resonated with me since those radical days in the 60’s, with the Movement, when I was surrounded by and courted by various ideologies, mostly Marxist whose rigidity of thought and party line belief, actually disgusted me. Yet there was Alinsky, the man who literally wrote the book on community organizing, who felt similarly towards ideological rigidity. He was truly an America Patriot, whose guiding idea was to assist downtrodden people to gain power over their lives and give them a chance to decide their fates. Alinsky was a man who achieved great success, if you define success as achieving ones goals. The disdain and demonization again being heaped upon him today comes from the very real threat his methodology has towards the 1% elite and curiously that aim of his was the reinstatement of “The American Dream” of freedom, equality and social justice. Continue reading “Who in Hell is Saul Alinsky?” →

Courts, Criminal law, Justice

Bullies With Badges

-Submitted by David Drumm (Nal), Guest Blogger

That was the description of four East Haven, Connecticut, police officers who were arrested after a federal grand jury returned an indictment containing charges of conspiring to violate, and violating, the civil rights of members of the East Haven community. All four have pleaded not guilty in Federal District Court and three have been released on bail, ranging from $100,000 to $300,000; the fourth is awaiting completion of his paperwork.

Continue reading “Bullies With Badges” →