If you are hiring a lawyer in Brazil, you may want to be sure to call before Dora the Explorer comes on. Joao Victor Portellinha recently passed the entrance test for law school despite the fact that he is in the fifth grade. Continue reading “I’ll File, You Drive: 8 Year Old Passes Law School Entrance Exam”
Category: Lawyering
Arkansas Robert Steinbuch won an appeal to the Eighth Circuit in his case against former Senate aide to Mike DeWine, Jessica Cutler — the so-called Washingtonienne. Steinbuch sued after he was identified by initials by Cutler in her account of sexual affairs in Washington. It is a case of some significance for bloggers and those who keep online diaries that could be challenged as defamatory or violations of privacy. Continue reading “Grapes of Wrath: Law Professor Steinbuch Wins Appeal Over Book Detailing Alleged Affair with the “Washingtonienne””
Imagine this. The country is fresh from a close presidential election when the Supreme Court is asked to decide who will be president. If you are thinking about the 2000 election, think again. The expected nomination of John McCain for president could trigger a fight over a relatively obscure provision in the Constitution: the requirement that president and vice president be “natural born” citizens. McCain is certainly a citizen, but there is a legitimate question of whether he is a “natural born citizen” given his birth in the Panama Canal. Continue reading “The Supreme Redux: Is John McCain Ineligible to Be President?”
So this is why “there are no atheists in a foxholes.” Army Spc. Jeremy Hall says in a lawsuit that he was told that he could not be promoted because one of the jobs would be to pray with his soldiers. Of course, if true, this would mean that a puppy thrower like Marine Lance Corporal David Motari would be eligible so long as he professes to believe in God. Otherwise, you have no right to die for th e country unless you think that you will go to heaven. This could be a significant case in the making. Continue reading “Atheist in a Foxhole: Soldier Sues Over Discrimination on the Basis of Faith (Or the Fact Thereof)”
Philadelphia Judge Deborah Griffin has many positive things on her resume: a graduate of the University of Pennsylvania, the first black student to win the Missouri-Columbia Law School moot court, and overcoming great challenges in her childhood to become a lawyer. The one omission was that she has a felony record. She is now facing possible removal from the bench. Continue reading “Philadephia Judge Faces Removal for Hiding That She is a Former Felon”
The Senate Democrats have again caved on the issue of torture, unanimously confirming
Chicago federal Judge Mark Filip to be the second-in-command at the Justice Department despite his refusal to answer the simple question whether waterboarding is torture — a fact established by U.S. and international courts. As with the telecom immunity controversy, the Senate delayed the vote to suggest that they were actually taking a stand on torture and then voted with the White House to avoid a final confrontation on the question. Continue reading “Senate Unanimously Confirms Filip for No. 2 Position at Justice Depsite His Refusal to Answer Torture Question”
Mukasey’s Paradox;
On further review, his manipulations on torture and contempt are a beautiful, twisted thing. Continue reading “Mukasey’s Paradox”
In a decision that could easily find its way into torts textbooks on foreseeable misuse, a Virginia court has upheld a $2 million judgment against lawn mower manufacturer, MTD in the death of 4-year-old Justin Simmons, who was run over by a machine. Continue reading “Foreseeable Misuse: Court Upholds $2 Million Judgment Against Lawn Mower Company”
According to Amnesty International, the good people in the Iranian justice system are about to add another outrage from their prehistoric legal system. The group says that two gay men, Tayyeb Karimi and Yazdan, will soon be killed by throwing them off a cliff. The group estimates that 4000 lesbians and gay men have been executed since the Iranian revolution. Continue reading “Iran to Kill Two Gay Men By Throwing Them Off Cliffs”
In a remarkable ruling, U.S. District Judge Paul Borman has ordered firebrand attorney Geoffrey Fieger to pull TV commercials critical of the Bush Administration. Borman ruled that such ads threatened to influence the jury pool in Fieger’s upcoming trial for making illegal contributions to the John Edwards 2004 presidential campaign. It is an extremely rare ruling that pits judicial administration against the first amendment. Continue reading “Federal Court Orders Geoffrey Fieger to Pull Anti-Bush Administration Ads from TV”
Attorney General Michael Mukasey waited until late Friday to announce that he will block any prosecution of Bush officials for contempt of Congress. Mukasey’s protection of White House Chief of Staff Josh Bolten and former White House counsel Harriet Miers could trigger a major inter-branch fight and advances yet another extreme legal interpretation of executive authority by the Bush Administration. It is not surprising, therefore, that he waited until late on a Friday to try to minimize media scrutiny of this controversial decision. Continue reading “Mukasey Blocks Any Prosecution of Bush Officials for Contempt of Congress”
John McCain’s possible election could trigger review under an obscure part of the Constitution: the birth eligibility provision of Article II. The requirement that an American be “natural-born” has long been controversial, but few associated John McCain with the problem as opposed to other leaders like Arnold Schwarzenegger. McCain, however, may be a foreign born citizen given his birth in the Canal Zone. Due to the bar on advisory opinions, this issue might not be ripe for review until after the general election, triggering another Bush v. Gore moment in the high court. Ted Olson has even been retained for the possible fight to complete the scene for a Supreme redux. Continue reading “McCain’s Constitutional Dilemma: Native Son But Not Natural Born?”
The Connecticut Supreme Court has issued an interesting ruling that bars the widow of a judge from suing under a law designed to benefit her alone. It is like a reverse bill of attainder ruling: barring selective special benefits as opposed to punishment in legislation. Continue reading “No Special Compensation for Widow of Worked-To-Death Judge”
The American Field Service (AFS) is facing a possible lawsuit in a shocking case of alleged abuse and negligence. Maine teenager
Jonathan McCullum lost 60 pounds while placed with a family in Egypt. When he returned he was so weak that he had difficulty carrying his luggage and had to be hospitalized . AFS has refused to comment and referred inquiries to a lawyer who has also refused to comment. This could present some novel tort issues, but it appears that AFS has much to answer for. Continue reading “Food Not Included: AFS Exchange Student Starved in Eygpt and Hospitalized Upon His Return”
Roger Clemens’ decision to testify before Congress without immunity was a considerable risk designed to protect his legacy. He may now lose both his legacy and his liberty. House Oversight and Government Reform Committee chairman Henry Waxman and ranking Republican Tom Davis sent a letter to Attorney General Michael Mukasey asking for a criminal investigation into whether Clemens gave false information to Congress in the investigation in to the use of performance enhancing drugs. Continue reading “Congress Refers Clemens Matter to the Justice Department for Criminal Investigation”