In a surprising development with significance to the on-going debate over polygamy in the United States, the British government has decided that polygamist citizens are entitled public welfare despite the fact the polygamy is illegal in Britain. Continue reading “England Approves Benefits for Polygamists”
Category: Lawyering
A recent study has cast serious questions over the influence of campaign contributions on the members of the Louisiana Supreme Court. The study by my former Tulane Law School colleague, Vernon Palmer, and Loyola assistant professor of economics John Levendis finds a disturbing correlation between contributions and voting on the Court. It is only the latest allegation rocking one of our state supreme courts this year. [Update: Tulane has issued an apology for some errors in this study] Continue reading “Rent-a-Justice: Louisiana Supreme Court Faces Allegations of Favoritism for Contributors”
Texas Mayor Grace Saenz-Lopez has resigned soon after her indictment over the on-going sage of a a Shih Tzu named Puddles. Saenz-Lopez and her twin sister were indicted in the conspiracy to steal Puddles — who appears to hold a strange hypnotic effect over humans. Continue reading “The Shih Tzu Hits the Fan: Indicted Mayor Resigns Amid Allegations of Stealing Puddles”
The Second Circuit has rejected the appeal of homeowners contesting the right of New York to taken their homes under eminent domain authority to give to private developers. It is a repeat of the controversial use of eminent domain in Connecticut in the Kelo case — where the Supreme Court narrowly uphold the use of the power and rejected constitutional challenges. For those of us who believe that Kelo was wrongly decided, this case could test the matter before a newly reconstituted court. Continue reading “Kelo Redux: Second Circuit Upholds Use of Eminent Domain to Seize New York Homes for Private Development”
In a surprising victory, Wesley Snipes was acquitted of federal tax fraud and conspiracy counts, but was found guilty of failing to file tax returns. It was a particular vindication for his attorneys who did not put him on the stand or call defense witnesses – a very dangerous strategy that has backfired in many cases with a conviction. The acquittal was unexpected given the bizarre tax theory that he believed relieved him of paying taxes — his co-defendants were convicted on the basis of that scheme. Continue reading “Snipes Acquitted on Major Tax Counts; Convicted of Misdemeanors”
Harris County District Attorney Chuck Rosenthal has been in the thick of controversy of late. First, he refused to prosecute Texas Supreme Court Justice David Medina and his wife after a grand jury indicted them for arson. (Click here). Then he was forced to turn over e-mails in case that included embarrassing material, such as the married man’s romantic notes to his secretary as well as racist and pornographic material. Now, Rosenthal has admitted that he destroyed more than 2,500 e-mails after they were subpoenaed — an act that could result in a charge of contempt and potential incarceration. Continue reading “Texas District Attorney Admits to Destroying Emails in Violation of Court Order — Faces Potential Contempt Charge”
In light of today’s debate over Congress and its shaky federalism principles, this prior column on the marriage amendment may be of interest. Continue reading “The American Gothic Amendment: Federalism and the Same-Sex Marriage Debate”
New Jersey Supreme Court Justice Roberto Rivera-Soto is being sued by a former high school football player who alleged that the jurist used his power and prestige to harass him after he gave Rivera-Soto’s son a bloody lip in a practice. Rivera-Soto has already been reprimanded by his Court and he is even accused of making fun of a Ben Franklin re-enactor! He is just the latest state judge to face criminal and civil charges this year. Continue reading “New Jersey Supreme Court Justice Sued for Harassing Son’s High School Football Rival”
In the civilian system, a case of misdiagnosis is a simple material of medical malpractice for which the victim or his victim can recover. In the military, it is even simpler: it is malpractice for which there is no legal recourse. That is the sad lesson being learned by the family of Carmelo Rodriguez, a Marine and combat veteran who died of untreated cancer that could have been treated by relatively modest medical interventions. It is the result of the infamous Feres Doctrine, which continues to do untold harm to thousands of sailors and soldiers. Continue reading “The Legacy of Feres: Marine Dies in Latest Act of Military Malpractice”
When it comes to the art of the public apology, Detroit Mayor Kwame Kilpatrick may have set a new gold standard in his public apology for his alleged affair with chief of staff Christine Beatty. The view link is below. He used an actual church as a backdrop and his wife as something of a prop for the occasion. The problem is that, while such scenes may resonate with voters who tend to love a repentant sinner, it still does not create a defense to what appears a very compelling criminal case for perjury. Continue reading “The Stagecraft of Scandal: Detroit Mayor Kwame Kilpatrick Gives Public Apology with Wife in a Church”
Nurse Lee Cruceta in Philadelphia has admitted to cutting out body parts from corpses to sell on the illegal body part market — a crime that included harvesting material from the corpse of “Masterpiece Theatre” host Alistair Cooke, who died in 2004. The guilty plea includes a glimpse into the lucrative market for body looting. Continue reading “Nurse Admits to Body Looting From Corpses”
Perhaps the most basic requirement of a judge (beyond remaining full clothed during deliberations) is not to pronounced guilt until after the trial. It is a rule that Superior Court Judge Hilton Fuller allegedly forgot by telling a reporter that Brian Nichols, accused of killing four people in a 2005 shooting spree that began at the Fulton County Courthouse, was clearly guilty. While denying the comment, Fuller has removed himself from the case. Continue reading “Judging 101: Refrain From Pronouncing Guilt Before End of Trial”
Maryland Delegate Nicholaus Kipke and Sen. Bryan Simonaire are pushing for passage of the Fallen Soldier Privacy Act of 2008 to criminalize the the commercial use of a deceased soldier’s name or image. It is a controversy triggered by tee-shirts produced by anti-war activist Dan R. Frazier of Flagstaff, Ariz., whose online business Carryabigsticker.com sells anti-war shirts and other items that use soldiers’ names. The law is, in my view, unconstitutional and could lead to an interesting court fight if Congress follows suit with its own legislation. Continue reading “Maryland Considering Criminalizing Use of Soldiers Names and Images in Protest Tee-Shirts or Material for Sale”
As expected, Attorney General Michael Mukasey has informed Congress that he will refuse to answer the long-standing question on waterboarding in this week’s hearing. The decision is a further indictment of the decision of democratic leadership to allow Mukasey to be confirmed despite his unwillingness to acknowledge that waterboarding has long been defined as torture and constitutes a crime if ordered by the President. Continue reading “Mukasey Refuses to Answer Question on Waterboarding in Congress”
Wesley Snipes’ counsel rested his case without presenting a single defense witness or having Snipes himself testify. It is a move the minimizes risk on the stand but maximizes the likelihood of a conviction on the tax charges. Continue reading “Snipes Rests Case Without Presenting Defense Witnesses or Testifying Himself”