Category: Justice

Criminal law, Justice, Media

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.

Continue reading “Something About Natalie” →

Congress, Criminal law, Free Speech, Justice, Politics, Society

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:

Continue reading “The Smell of Corporatist Fear, Smells Just Like . . . a Lobbyist Memo” →

Courts, Justice, Lawyering, Politics, Supreme Court

Should Kagan Recuse Herself From The Health Care Case?

We have previously discussed the question of recusals involving Justice Clarence Thomas and his violation of reporting rules on the Court. Now, a similar debate is likely to start over the participation of Justice Elena Kagan in any review of Patient Protection and Affordable Care Act. The loss of Kagan could be determinative in a close vote on the Court, but that is always the danger in selecting your Solicitor General as a nominee. While Kagan used the announcement of cases on Monday to recuse herself for other cases, she notably did not include the Florida case.
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Constitutional Law, Justice, Military, Politics, Society

Fear and Torture on the Campaign Trail 2011

Submitted by Gene Howington, Guest Blogger

The GOP Debate on Foreign Policy was held at Wofford College in Spartanburg, South Carolina on Saturday night.  The debate was not on a topic the GOP Presidential hopefuls looked forward to as the Obama Administration – despite their many serious flaws – has had some success in the area of foreign policy.  This is not to say that the Obama Administration’s performance in the area of foreign policy hasn’t been realistically uneven, but they’ve had enough victories to make the topic less than easy pickings for the usual mud-slinging of the campaign trail.

What was more telling than the absence of effective smear or substantive criticism was when the subject of waterboarding came up.  Would you vote for a candidate that advocates breaking the laws and violating the Constitution of this country? Apparently politicians not only think you will, but now consider it a selling point if the laws they advocate breaking involve torture.

Continue reading “Fear and Torture on the Campaign Trail 2011” →

Academia, Criminal law, Justice, Media, Society

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.”

Continue reading “Down In the Valley I: Penn State – What Did They Know and When Did They Know it” →

Congress, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Media, Politics, Society

The Right of Citizens To Videotape Police

Below is my column today in The Los Angeles Times where I discuss the continuing trend of arrests of citizens videotaping police. We have followed many more cases but a couple are mentioned in the column. What is most disturbing is that prosecutors and police are continuing to fight court rulings upholding the right of citizens to videotape police.

Continue reading “The Right of Citizens To Videotape Police” →

Congress, Constitutional Law, Courts, Free Speech, Justice, Media, Politics, Society

A Decade of Misplaced Patriotism

Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

A milestone passed by most of us this past week.  It seems that the Patriot Act birthday cake added a 10th candle this week and there was no party!  The infamous Patriot Act turned 10 this week and a decade of attacks on our personal liberties went unnoticed by our Main Stream media.  You can probably remember that the act passed with little opposition in the House and with only 1 member of the Senate in opposition. Continue reading “A Decade of Misplaced Patriotism” →

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

Richmond, VA Photographer Arrested For Trespass on Public Street

Submitted by Mark Esposito, Guest Blogger

Richmond, Va photographer, Ian Graham, must be wondering where he was this past Monday as he was arrested by local police for trespassing on a city street. Graham, who was photographing police arresting demonstrators in the Occupy Richmond protest, was told by police he was trespassing as he politely stood near a public crosswalk  recording the goings on with his camera. Police claim they told Graham he could take photos but only in the designated “media area,” which was, of course, far from the scene of the arrests.

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International, Justice, Society, Things That Tick Me Off

So You Don’t Think You’re A Slaver?
Slaver?
Or Emancipator?

Submitted by Gene Howington, Guest Blogger

So you don’t think you’re a slaver?

Of course you don’t.

Statistically speaking, most of you are decent people.  You find the notion of slavery abhorrent.  Slavery is illegal in this country and immoral and unethical everywhere.  You’d never hire someone using slaves to work for you.  You’d never buy something you knew without a doubt was made by slaves.

Right?  Or would you?  What if you didn’t know your subcontractor relied upon slave labor or the goods you purchased were made by slave labor or relied on natural resources gathered and processed by slaves?  If you did, would you do something about it?  Knowledge is power.  As your quantity and quality of relevant information increases, so will the quality of your decision making.

Would you like to get an idea about how much slave labor goes into maintaining your lifestyle, if any?

There’s an app for that.

Continue reading “So You Don’t Think You’re A Slaver?” →

Congress, Constitutional Law, Courts, Free Speech, Justice

The Unholy Marriage Between the CIA and NYPD

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

If you think the Government is allowed to spy on Americans too much already, this next story will increase your blood pressure.  It was recently disclosed by the Associated Press that a CIA undercover operative has been directly advising the New York Police Department for at least 3 months.  I could have sworn that it was illegal for the CIA to spy on Americans, but nothing has been done to curb this possible violation and abuse of American’s privacy. Continue reading “The Unholy Marriage Between the CIA and NYPD” →

Courts, Criminal law, Justice, Religion

CATHOLIC BISHOP INDICTED

Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

I was surprised when I read an article yesterday that reported the news of an indictment that was handed down in Jackson County, Missouri.  You may be asking what is unusual about one more  indictment in the State of Missouri?  The news worthy aspect of this indictment is the person and organization that was indicted.  The Grand Jury in Jackson County indicted the Roman Catholic Diocese of Kansas City-St. Joseph as well as its Bishop, Bishop Robert Finn!  Continue reading “CATHOLIC BISHOP INDICTED” →

Constitutional Law, Free Speech, Justice, Politics

Civil Rights Giant Dies

-Submitted by David Drumm (Nal), Guest Blogger

Rev. Fred L. Shuttlesworth is ranked alongside Rev. Martin Luther King Jr. and the Rev. Ralph David Abernathy as one of the nation’s civil rights leaders. He was 89 when he died on Oct. 5 in Birmingham, Alabama. Shuttlesworth survived bombings, beatings, and the business end of a fire hose that left him chest injuries. Shuttlesworth was often on the front lines of civil rights protests.

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Bizarre, Justice, Lawyering, Media

Surprise! Nancy Grace Proclaims Knox Guilty and Denounces Acquittal as “Miscarriage of Justice”

Nancy Grace took time away from her dancing stint on Dancing With The Stars to rally the mob in condemning an acquitted person. Grace called the acquittal of Amanda Knox a “miscarriage of justice” despite the few of many (including myself) that the case was riddled by mistakes, false statements by the police or prosecutors, and open speculation. Nevertheless, in Grace’s preference for “sentence first — verdict afterwards,” the Italian jury was the outrage by looking at the evidence and standard of proof.

Continue reading “Surprise! Nancy Grace Proclaims Knox Guilty and Denounces Acquittal as “Miscarriage of Justice”” →

Academia, Bizarre, Justice, Lawyering

Gonzales Hired To Teach At Unaccredited Belmont Law School in Tennessee

While former U.S. Attorney General Alberto Gonzales has been able to escape investigation and prosecution for his role in the torture program, no law firms or ranking law schools wanted to touch him as he sought gainful employment. Gonzales has been struggling to find someone who wants to be represented or taught by an individual ridiculed for politicizing the Justice Department and bringing in hacks who were accused of a variety of criminal and ethical violations. Well, he finally found one school. Belmont University has created an unaccredited law school in Tennessee. Its new Doyle Rogers Distinguished Chair of Law is no one else than Alberto Gonzales.
Continue reading “Gonzales Hired To Teach At Unaccredited Belmont Law School in Tennessee” →

Constitutional Law, Courts, Justice, Media, Politics

Second Amendment Boogey Man

Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

 

When it comes to the Second Amendment and guns, it seems that President Obama can’t make anyone happy.  Ever since Obama announced his candidacy for the Presidency, the NRA has screamed that Obama will be taking away the guns. This scare tactic continued when Obama defeated John McCain for the Presidency.  Just what has Barack Obama done to make the NRA and gun owners frightened for their guns?  The simple answer to this question is nothing. Continue reading “Second Amendment Boogey Man” →