Justice Antonin Scalia has long been criticized for his habit of discussing pending issues before the Court and abandoning a long tradition of restraint by justices in their public appearances. His most recent defense of torture in a BBC interview has caused yet another controversy over Scalia’s disturbing lack of self-restraint. Continue reading “Scalia Holds Forth on the Proper Use of Torture — As Experts Debate the Propriety of Such Public Statements”
Category: Lawyering
Given the most recent public controversy involving statements made by Justice Scalia on torture, this prior column may be of some interest: Continue reading “Scalia and the Advent of the Celebrity Justice”
Florida judges are in the grips of an expanding scandal involving accusations of perjury, physical threats, and ethical violations. One judge, District Court Judge Michael E. Allen, is facing possible perjury charges and other, Judge Charles J. Kahn is accused of serious breaches of ethics as well as being unstable and injudicious in his personal conduct. Continue reading “Court Fight: Florida Judges Trade Accusations of Perjury, Threats, and Lies”
David Wise, a worker at a Firestone facility in North Carolina, will be forced to chose between his faith and his job under an important ruling from the Fourth Circuit Court of Appeals. A member of the the Living Church of God, Wise is required to take a greater number of days off than most employees and sued when he was terminated for these practices as violative of his religious rights. The Court ruled against him and held that Firestone could refuse to accommodate such religious practices. Continue reading “Word to the Wise: Fourth Circuit Rules that Firestone Employee Not Entitled to Extra Days Off Due to His Faith”
President Bush is trying to use his final eleven months in office to guarantee that someone — anyone — will be convicted in his controversial military commission tribunal system. After millions of dollars, international scorn, and years of litigation, the Administration wants to try six detainees in the system. Some are reportedly victims of torture. Having destroyed evidence of the torture, it appears that the subjects could also be terminated — the military indicated it will seek the death penalty and Bush himself is the ultimate appellate “decider.” Continue reading “A Tribunal in Search of a Purpose: Bush Seeks to Execute Six in Cuba in His Final Eleven Months”
With the Bush Administration seeking to execute six detainees at Cuba including one identified as the “20th hijacker,” this prior column on the line of previously identified “20th hijackers” might be helpful. Continue reading “Bush Administration Seeks to Execute the Latest “20th Hijacker””
Law Student Adam Key, 23, is learning the practical elements of a first amendment case from his school, Regent University — though not under the usual clinical conditions. He is suing the University after he claims it violated his right to free speech last November in suspending for posting an unflattering picture of Pat Robertson on the Internet. Ironically, his case was heard by a judge who knows something about suspensions and discipline. Judge Samuel Kent, who was disciplined for misconduct himself and has been suspended from hearing criminal cases. He is believed to still be under criminal investigation for sexual assault and other crimes — and could face impeachment with another Fifth Circuit judge (click here). Continue reading “Disciplined Law Student Appears Before Disciplined Judge in Case Against Regent University”
Many attorneys perfect the firm handshake and winning smile as a signature of success. For attorney Kathy Brewer Rentas, 49, it may prove to be also the basis for assault on a prosecutor. Rentas is accused to shaking the hand of Assistant US Attorney Jennifer Keene so hard that it caused injury. What is most interesting is that this is not a unique charge. Continue reading “Strong-Arming the Prosecution: Attorney Charged with Assault for Aggressive Handshake”
Michael and Marla Sklar, a Jewish couple, have led a long and lonely battle against the Internal Revenue Service (IRS) over what they allege is special treatment given to the Church of Scientology. The IRS has long stonewalled inquiries over the deal with Scientology. Still viewed as a cult and not a religion in some countries, Scientology itself litigated for years against the U.S. government over its tax status. At the heart of the case is the controversy over such Scientology practices such as auditing. This case has long been fascinating and could result in an important constitutional decision. Continue reading “Sklar – Scientology Case Enters Critical Stage Before Ninth Circuit”
Majority Leader Harry Reid has alleged that the Bush White House has offered to effectively trade off 84 nominees to the executive and judicial branches if the Senate confirms Steven Bradbury for head of the Office of Legal Counsel. It is another example of a made man in the Bush White House, who must be confirmed at any cost. Continue reading “Bush Reportedly Puts 84 Nominees at Risk for the Single Confirmation of Bradbury”
If the Supreme Court “know[s] pornography when [it] sees it.” how about politics? That may be the question with a case seeking review of an appellate decision to treat a documentary entitled “Hillary: The Movie” as akin to a campaign commercial. The movie, the work of David N. Bossie, is an attack on Clinton as well as campaign finance laws. It presents a compelling first amendment challenge to the law and its requirement that the producers disclose their list of donors. Continue reading “Supreme Court to Consider Review of “Hillary: The Movie””
Attorney General Michael Mukasey has performed the central task for which he was chosen by the President and leading congressional leaders — he is refusing to allow a criminal investigation into water-boarding. It was a decision that seemed inevitable after Democrats like Chuck Schumer and Diane Feinstein saved his confirmation. Continue reading “Mukasey Refuses to Allow Criminal Investigation on Torture — Democrats and Republican Leaders Silently Cheer”
U.S. District Judge Richard Bennett has reduced by over half the damages awarded against a fundamentalist Kansas Church, which protests funerals of fallen soldiers from Iraq in a bizarre anti-homosexual crusade. The Westboro Baptist Church will now have to pay Albert Snyder, the fatehr of a dead Marine, $5 million rather than $10.9 million. Continue reading “Court Reduces Punitive Damages Against Radical Anti-Homosexual Church”
The Ninth Circuit has handed down a very interesting decision in a case of a police officer fired because he and his wife ran a private porn site in his free time. In January of 2002, the Chandler Police Department
discovered that Officer Ronald Dible was running the site, featuring his wife , Megan Dible, who performed various sex acts with various partners and objects. It was too much for the town and he was fired. It is a case that raises some difficult constitutional questions and the decision could cut deeply into first amendment rights. Continue reading “Court of Appeals Upholds Termination of Police Officer Over Private Porn Site”
Baseball legend Roger Clemens is now giving sworn testimony to congressional staff members on the scandal of performance-enhancing drugs. It is a considerable risk for Clemens who appears intent on protecting his legacy — even at the risk of his liberty. He could lose both. Continue reading “Roger Clemens Testifies Without Immunity in Congress”