Category: Justice

Constitutional Law, Courts, Criminal law, Justice, Lawyering, Supreme Court

Ashcroft v. al-Kidd

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

I have been concerned lately about the Constitutional attacks that we have discussed here on Prof. Turley’s blog. One case that I have noticed lately received very minimal main stream media attention and it concerns a vitally important issue. This past week the ACLU argued a case in the Supreme Court that challenges the government’s use of the Federal material witness statute to pick-up and hold in detention an American citizen named al-Kidd who was arrested by Federal authorities in 2003 and detained for over two weeks without a charge. Continue reading “Ashcroft v. al-Kidd” →

Constitutional Law, Justice, Media

Promises, Promises: Is the Obama DOJ Going after Whistleblowers?

Submitted by Elaine Magliaro, Guest Blogger

From Change.gov (The Office of the President-Elect Barack Obama):
“Often the best source of information about waste, fraud, and abuse in government is an existing government employee committed to public integrity and willing to speak out. Such acts of courage and patriotism, which can sometimes save lives and often save taxpayer dollars, should be encouraged rather than stifled. We need to empower federal employees as watchdogs of wrongdoing and partners in performance. Barack Obama will strengthen whistleblower laws to protect federal workers who expose waste, fraud, and abuse of authority in government. Obama will ensure that federal agencies expedite the process for reviewing whistleblower claims and whistleblowers have full access to courts and due process.”

Is President Obama following through on his promise to protect whistleblowers? It doesn’t appear so. One has only to look at the case of Jeffrey Sterling to see that our President has definitely not been working to strengthen laws that would protect them. Sterling, an alleged whistleblower, was arrested in early January on charges that he leaked national defense information to the media and revealed the identity of a “human asset.”

Continue reading “Promises, Promises: Is the Obama DOJ Going after Whistleblowers?” →

Constitutional Law, Courts, Criminal law, Justice, Lawyering, Military

Stop The Torture of Pvt. Bradley Manning

 

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 

The nightmare started back in July of 2010.  Pvt. Bradley Manning was arrested and detained in the Brig at the Quantico Marine Base on allegations that he stole and then leaked classified documents to Wikileaks.  The conditions that Pvt. Manning has been held under have been outrageous from the start. He has suffered shackling, solitary confinement and he has not been allowed normal contact with visitors and the outside world.  His visitors have been denied access to him and now the latest humiliating tactic being used by the Department of Defense is to force Pvt. Manning to strip naked in his cell for hours!  Continue reading “Stop The Torture of Pvt. Bradley Manning” →

Constitutional Law, Justice, Politics, Society

Wanted: Red Or Restrained

Submitted by Mark Esposito, Guest Blogger

Wisconsin Republican leaders are law and order types indeed. Unhappy that fourteen Democratic state senators are boycotting Governor Scott Walker’s union busting party, they have authorized the Senate Sergeant at Arms to round-up the legislative desperadoes “with or without force.” The Gang of 14, of course, are holed up in the neighboring Illinois badlands but Sheriff Walker wants to get his men (and his agenda railroaded through) so niceties like democracy and respect for the rights of the opposition need  not be  observed.

Continue reading “Wanted: Red Or Restrained” →

Bizarre, Justice, Lawyering, Media, Politics, Society, Supreme Court

Thomas Condemns His Critics As Undermining The Supreme Court

Supreme Court Justice Clarence Thomas has reportedly unleashed an attack on his critics for his violations of disclosure laws and alleged conflicts of interest. He warned law students that these critics are “undermining” the Court and endangering the country by weakening core institutions. As one of those critics, I am flabbergasted by Thomas’ remarks which show an implied disregard that seems to have now reached open contempt for certain principles of judicial ethics. There is not a hint of concern for his own conduct and how it has undermined the Supreme Court as an institution. For a prior column, click here

Continue reading “Thomas Condemns His Critics As Undermining The Supreme Court” →

Congress, Justice, Politics

Big Corporations and Federal Taxes

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

With the constant news reports highlighting the economic woes of the State and Federal governments and the important battle in Wisconsin and other states over the claim that workers need to sacrifice a little more to help out their state governments, it is interesting to learn just how much big corporations pay in Federal Taxes. Would it surprise you if I told you that many of our largest corporations pay zero Federal taxes? Continue reading “Big Corporations and Federal Taxes” →

Constitutional Law, Courts, Justice, Politics

Is Free Speech Really Free?

 

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 

After a few recent discussions about Free Speech in earlier threads, I came across another example of how limited our Free Speech really is.  At a recent speech by Secretary of State Hillary Clinton, a former CIA employee, Ray McGovern, attempted to protest her speech about Democracy and Freedom of Speech and how the freedom to disseminate information helped the Egyptians rid themselves of a brutal dictator.  Continue reading “Is Free Speech Really Free?” →

Constitutional Law, Courts, Justice

Judge Disallows Padilla Torture Suit Because He Was Tortured?

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 

You may have missed this story in the corporate media.   It is an issue that is near and dear to my heart.  It seems that a Federal Judge has dismissed a case brought by Jose Padilla and others against Donald Rumsfeld and other Bush administration officials, for a very interesting reason.  Continue reading “Judge Disallows Padilla Torture Suit Because He Was Tortured?” →

Constitutional Law, Courts, Criminal law, Justice

Jury Tampering and the First Amendment

Mike Appleton (guest blogger)

A Florida circuit judge has issued  an administrative order virtually certain to result in a court battle pitting the right of free speech against the duty of courts to protect the integrity of jury deliberations.  The order prohibits “the dissemination of all leaflets and other materials to summoned jurors, as well as approaching a summoned juror for the purpose of displaying a sign to, or engaging in oral protest, education or counseling with information tending to influence summoned jurors on any matter, question, cause, or proceeding which may be pending, or which may be brought, before him or her as such juror… .”

Continue reading “Jury Tampering and the First Amendment” →

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

Ethics and The Supreme Court

Submitted By Lawrence Rafferty, (rafflaw) Guest Blogger

 

Professor Turley has recently discussed the ethical problems raised by Supreme Court Justices Scalia and Thomas by their attendance and participation in fund raisers for conservative groups.  In addition, Justice Thomas’ wife has also come under criticism for working for a lobbying group that benefitted from the Citizen United decision.  With all of the potential conflicts of interest that these Supreme Court Justices are involved in, it looks like someone is finally attempting to rein in the Justices and make them subject to the Judicial Conference’s Code of Conduct which all other Federal Judges have to adhere to. Continue reading “Ethics and The Supreme Court” →

Congress, Constitutional Law, Justice, Politics, Religion, Supreme Court

The Right’s War on Women

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 
I don’t think Barry Goldwater would recognize Conservatism or his Republican Party if he was alive today. Conservatism used to mean belief in safe and sound economic spending and freedom for all from governments getting too large and too restrictive on personal freedoms. Recently we have seen Republicans offer up a brand new and dangerous definition of rape in an attempt to restrict abortions and to restrict government money being used to pay for them. Now we are seeing another Republican attempt to restrict the use of contraceptives under the guise of ending the alleged use of Federal funds to pay for abortions.

Continue reading “The Right’s War on Women” →

Constitutional Law, Criminal law, Justice, Politics

The NRA Claims That the Government is to Blame For Tucson Shootings

Submitted by Lawrence Rafferty, (rafflaw) Guest Blogger

 

You may recall that after the horrible Tucson shooting massacre, I wrote a piece for this blog suggesting that it might be a good time to consider banning deadly weapons and the high-capacity magazines of the type that the alleged killer used on that fateful day.  It was a difficult issue, but I thought then and still think now that it is an important issue that needs to be discussed by not only us, but by the American public through their Representatives and Senators  in Congress.  With that prior posting in mind, I was shocked to read a story earlier this week about the president of the National Rifle Association, Wayne LaPierre, who blamed the shootings on government policies in a recent speech to the CPAC conference on Thursday, February 10th.  Continue reading “The NRA Claims That the Government is to Blame For Tucson Shootings” →

Courts, Justice, Religion

Faith Healers Given Probation

-Submitted by David Drumm (Nal), Guest Blogger

We have previously discussed the death of Kent Schaible, here and here. Kent Schaible, 2, died of bacterial pneumonia because his parents Herbert and Catherine Schaible, a fundamentalist Christian couple, believed in faith healing and declined to get medical attention for their child in Philadelphia. They were convicted of involuntary manslaughter and child endangerment.

Common Pleas Court Judge Carolyn Engel Temin sentenced them to 10 years of probation. Continue reading “Faith Healers Given Probation” →

Justice

No Break for Police Caught on Red Light Cameras

-Submitted by David Drumm (Nal), Guest Blogger

In Baltimore, Montgomery County, Maryland, there’s a growing number of cameras set up to catch speeders and red light runners. They work well. They work regardless of the type of vehicle. The cameras can’t detect if the vehicle has flashing lights and a siren, so police have been getting snapped. There’s no “officer courtesy”, where a brother officer would be given a break.

The fine for going through a red light is $75 and speeding is $40. The police are crying foul.

Continue reading “No Break for Police Caught on Red Light Cameras” →

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

Profit From Behind The Supreme Court Bench?

Submitted By Lawrence Rafferty, (rafflaw), Guest Blogger

I will be honest. I am not a big fan of Supreme Court Justice Clarence Thomas and as of late, I have had the same less than positive feelings about his wife, Virginia Thomas.  According to a recent Think Progress article, Justice Thomas’ vote on the Citizens United case has allowed his wife’s “consultant” company to profit by educating its customers on the best political causes to invest, I mean, donate to .

Continue reading “Profit From Behind The Supreme Court Bench?” →