Category: Lawyering

Bizarre, Justice, Lawyering, Society, Torts

Another Foreclosure Bungled: West Virginia this time

Submitted by Charlton Stanley (aka Otteray Scribe), Guest Blogger

Moran RdIt has happened again. This time in Logan, West Virginia. Schoolteacher Nikki Bailey came home from visiting a sick friend in the hospital, only to find a work crew from CTM Industries removing the last few pieces of her belongings from her house. The workers told Ms. Bailey they had been sent by a bank to clean out her house for foreclosure.

There is one minor detail. Her house was paid off in full twenty-five years ago. She showed reporters around the house, and everything was gone to the bare walls. Her pictures, diplomas, awards, and all her belongings.
Continue reading “Another Foreclosure Bungled: West Virginia this time” →

Congress, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Media, Politics, Religion, Society

Higher Power or Else!

Submitted By: Mike Spindell, Guest Blogger

200px-HK_Central_Statue_Square_Legislative_Council_Building_n_Themis_sA story four days ago caught my attention and I thought I’d present it for discussion. In recent years many have claimed that there is a “war on religion” taking place in America. This “so-called war” has been the result of many rulings that have tried to enforce the cherished principle of “freedom of religion”, but of necessity could also be called “freedom from religion.” When I was young most of the stores in my neighborhood were required to close on Sunday, the Christian Sabbath. This was a hardship for Jews that celebrated their Sabbath on Saturday and Muslims that celebrated their Sabbaths on Friday. It affected Asian merchants, with their own native beliefs, that didn’t have a formal Sabbath. Many of these “blue laws” have been repealed because of the reality that they are showing preferential treatment to one particular religion, in a country that is made up of many religions and whose Constitution is believed by many to ban such preferential treatment.

The Supreme Court’s most important case on “blue laws” is McGowan vs. Maryland.

“The Supreme Court of the United States held in its landmark case, McGowan v. Maryland (1961), that Maryland‘s blue laws violated neither the Free Exercise Clause nor the Establishment Clause of the First Amendment to the United States Constitution. It approved the state’s blue law restricting commercial activities on Sunday, noting that while such laws originated to encourage attendance at Christian churches, the contemporary Maryland laws were intended to serve “to provide a uniform day of rest for all citizens” on a secular basis and to promote the secular values of “health, safety, recreation, and general well-being” through a common day of rest. That this day coincides with Christian Sabbath is not a bar to the state’s secular goals; it neither reduces its effectiveness for secular purposes nor prevents adherents of other religions from observing their own holy days.[9]

There were four landmark Sunday-law cases altogether in 1961. The other three were Gallagher v. Crown Kosher Super Market of Mass., Inc., 366 U.S. 617 (1961); Braunfeld v. Brown, 366 U.S. 599 (1961); Two Guys from Harrison vs. McGinley, 366 U.S. 582 (1961). http://en.wikipedia.org/wiki/Blue_laws

I personally disagree with the SCOTUS decision in these cases and think that the logic used is disingenuous. The purpose of the Sunday “blue laws” was of course to promote religious attendance and encourage that attendance at Christian services on Sunday. A secondary reason was one of respect to Christianity and its belief that the Sabbath day of rest demanded in the Ten Commandments was Sunday. To say that it was to serve as a “uniform day of rest for all citizens” is frankly an untruth and adds intent to these laws that was never present in their imposition. This week though another ruling came down in what I see as a related case involving what I see as our right to have “freedom from religion” and I would like to add that to the discussion. Continue reading “Higher Power or Else!” →

Academia, Constitutional Law, Lawyering, Media, Politics, Society

Obama: Reduce Law School To Two Years

President_Barack_Obama250px-Fast_food_universal_languageAfter leading an assault on civil liberties and privacy in his Administration (as well as blocking efforts to prosecute Bush officials for torture), President Barack Obama may just be the last person who should be giving advice on training lawyers. Yet, Obama told lawyers last Friday that he would like to see law school cut by one-third to reduce time studying legal principles and history. Of course, given the number of constitutional provisions that Obama has effectively negated, it may take less time to study the remaining laws after the Obama years. Before law schools follow his lead to a fast-food version of legal education, we need to ask what we want in our lawyers. The President would reduce legal training to a program slightly longer than current paralegal schools.

Continue reading “Obama: Reduce Law School To Two Years” →

Bizarre, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering

Sovereign Citizens With a Penchant for Filing Liens

SPLC_Logo

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

I have to admit that I knew very little about the sovereign citizen movement before I read a New York times article a couple of days ago that opened my eyes to the movement and how some in that movement have attacked government officials and civil service workers.  To fully understand how members of the sovereign citizens movement think, one must know a little about their beliefs.

“Sovereign citizens believe that in the 1800s, the federal government was gradually subverted and replaced by an illegitimate government. They create their own driver’s licenses and include their thumbprints on documents to distinguish their flesh and blood person from a “straw man” persona that they say has been created by the false government. When writing their names, they often add punctuation marks like colons or hyphens.” New York Times Continue reading “Sovereign Citizens With a Penchant for Filing Liens” →

Courts, Justice, Lawyering, Media, Society, Testimony, Torts, Uncategorized

Are You Ready for Some Football?

Submitted By: Mike Spindell, Guest Blogger

Junior_Seau_2Football fans around the nation are feeling the excitement grow as we again approach the NFL Football season. They are avidly watching their favorite team’s pre-season games, checking out the new rookies and preparing for their various fantasy football leagues by analyzing league rosters. NFL Football has become the preferred sport of the country and generates many billions of dollars. It is our budding empire’s version of the gladiator battles in the various Roman Coliseums that were spread across the Empire as a palliative to an enslaved populace. While it is true that the Roman Gladiator battles usually ended only by the death and dismemberment of the “losers”, the news of the physical and mental costs to pro football players has begun to receive more publicity of late. This is due to the realization of the lasting damage done by football head trauma referred to broadly as concussions. As someone who has watched the National Football League for perhaps 60 years the idea of a concussion is one that is intertwined with the sport itself. For much of that time while it was discussed openly by the game announcers, analysts and sports journalists, in truth they all made light of them and players themselves would cheerfully discuss “getting clocked” or “having their bell rung.” The players thus injured who would insist on returning to the game were seen as “real men” and “heroes” for their fortitude. Then too coaches concerned with winning would tell them to “man up” and their teammates opprobrium for them “relaxing” on the sidelines would add peer pressure to continue to play even through their disorientation and head pain.

As the sport grew and outpaced baseball as the nation’s “national pastime,” like the gladiators of old players became heroes with nationwide celebrity. Many noted how some retired players from era’s past seemed to die relatively early in life, especially considering that to play football one must be an excellent physical specimen. As fans we were also aware how many of our heroes’ sustained injuries that in their retirement rendered them somewhat physically disabled for life, but merely made passing note of this reality, rather than feel discomfort at what this violent sport was doing to those who played it for our entertainment. The truth is that football fans and football professionals celebrated the violence of the game, even while shedding “crocodile tears” for player carted off the field with terrible injuries. Coaches and players talked about the exultation one felt when they made a jarring hit upon another player. It was common in interviews for players to talk of the joy they felt “making contact”, a minor euphemism for hitting or being hit with jarring intensity. We are to my way of thinking no more evolved than those Roman Citizens who would excitedly vote “thumbs down” on whether a losing gladiator should receive the killing blow. Our social norms require that we “feel sad” about a terrible injury, but if it occurs to an opposing player and affects our teams prospects, only the most unaware would deny that in the back of their mind they are calculating what this injury will mean. Our consciences are salved by the fact that many football players get paid enormous sums of money for their skills and so from a legal perspective one might say there is an assumption of risk. I want to examine this “assumption of risk” and discuss the implications that it has for NFL, the players and for us the fans. Continue reading “Are You Ready for Some Football?” →

Bizarre, Constitutional Law, Criminal law, International, Lawyering, Military, Politics

Former Somali Colonel Found Liable For Torture While Former Bush Officials Remain Immune From Such Lawsuits

220px-AbuGhraibAbuse-standing-on-box180px-bybee1Federal Judge Mark Abel in Ohio has imposed a $15 million damage award on former Somali colonel, Abdi Aden Magan, who tortured human rights advocate Abukar Hassan Ahmed. What was most striking about the decision was the statement that such damages are necessary to guarantee that the United States is not a “safe harbor for those who commit human rights abuses.” Of course, this follows a series of court decisions barring the victims of the U.S. torture program from even getting a trial, let alone damages. Those responsible continue to appear on television from George W. Bush to Dick Cheney to John Yoo. Indeed, rather than punish those who facilitated the torture program, we made one — Jay Bybee (shown right) — a federal appellate judge with lifetime tenure. That particular “safe harbor” is found in the courthouse of the United States Court of Appeals for the Ninth Circuit.

Continue reading “Former Somali Colonel Found Liable For Torture While Former Bush Officials Remain Immune From Such Lawsuits” →

Congress, Constitutional Law, Courts, Criminal law, International, Justice, Lawyering, Military, Politics, Supreme Court

Single Mom Versus George W. Bush

George W. Bush

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

With all of the discussion we have had on his blog about the abandonment of the rule of law in this country, I was very interested when I read about a class action lawsuit that was filed in March of this year.  The case is Saleh v. Bush, and it was filed in an attempt to hold former President George W. Bush and five members of his administration responsible and liable for the damages incurred when Iraq was attacked by the United States and some of its allies in 2003.

“Saleh is the lead plaintiff in a class action lawsuit targeting six key members of the Bush Administration: George W. Bush, Richard Cheney, Donald Rumsfeld, Condoleezza Rice, Colin Powell, and Paul Wolfowitz. In Saleh v. Bush, she alleges that the Iraq War was not conducted in self-defense, did not have the appropriate authorization by the United Nations, and therefore constituted a “crime of aggression” under international law—a designation first set down in the Nuremberg Trials after World War II. The aim of the suit is simple: to achieve justice for Iraqis, and to show that no one, not even the president of the United States, is above the law.” Yes Magazine   Continue reading “Single Mom Versus George W. Bush” →

Constitutional Law, Courts, Free Speech, Justice, Lawyering, Society, Supreme Court

Bloomberg’s Sweet Revenge?

By Mark Esposito, Guest Blogger

soda_kidA recent study by Columbia University researchers may present a problem for civil libertarians basking in the defeat of Mayor Bloomberg’s Big Gulp ban. As many of us know, the NYC mayor proposed and then passed a health rule  prohibiting restaurants, mobile food carts, delis and concessions at movie theaters, stadiums and arenas from selling sugary drinks in cups or containers larger than 16 ounces. The New York State appellate division upheld Judge  Milton Tingling’s ruling that Bloomberg “eviscerated” the separation of powers doctrine by making an end run around  the City Council and presenting the measure to the NYC Board of Health. The city plans to appeal but it is now armed with an important study concerning the effects of sugar on children.

Continue reading “Bloomberg’s Sweet Revenge?” →

Constitutional Law, Courts, Criminal law, Lawyering, Society

New Mexico Supreme Court Rules That Non-English Speaking Citizens Cannot Be Excluded From Juries

250px-Jury_box_croppedThe New Mexico Supreme Court has attracted considerable attention this week with its ruling in the State of New Mexico v. Samora where it ruled that courts could not exclude jurors who did not speak English. Michael Anthony Samora was charged with first-degree murder and other crimes for the bludgeoning death of his girlfriend and a subsequent robbery and stabbing at an Albuquerque convenience store. He appealed on the grounds that a juror was excluded because he could not follow the proceedings in English. The Court agreed but found that the error did not deny him a fair trial.

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Criminal law, Lawyering, Society

Informal Admonition of Federal Prosecutor After “Repeated, Blatant Violations and Misrepresentations” Called “Ludicrous”

DeptofJusticeIt has long been maintained by defense counsel that the Justice Department not only protected unethical prosecutors but has a culture encouraging unethical conduct in litigation. This problem is magnified by the tendency of courts and bar committees to look the other way in the face of violations or to confine sanctions to admonitions or verbal criticism. This week criminal defense attorneys are pointing to Assistant U.S. Attorney Steven Snyder as an example of the problem. Snyder was accused of extremely serious ethical violations, but only received an admonition on one of the least serious acts of misconduct from the D.C. Bar. This follows a finding by a judge that Synder engaged in a comprehensive pattern of violations and contemptible conduct. The informal admonition if anything will reinforce the view among some federal prosecutors that they are largely immune from sanctions for withholding evidence or engaging in unethical conduct. Defense lawyers are crying foul at the handling of the case by Bar Counsel Wallace Shipp Jr. and his staff at the D.C. Bar. Shipp imposed the lowest possible sanction for what the court called a “history of repeated, blatant Brady violations and misrepresentations.” Additionally, the Justice Department itself has declined to fire Synder. Continue reading “Informal Admonition of Federal Prosecutor After “Repeated, Blatant Violations and Misrepresentations” Called “Ludicrous”” →

Congress, Constitutional Law, Courts, Criminal law, Lawyering, Media, Politics, Society, Supreme Court

Obama: Snowden Is No Patriot

President_Barack_Obama228px-Picture_of_Edward_SnowdenPresident Barack Obama on Friday seemed to acknowledge that the determined effort by the White House and Congress to demonize Edward Snowden has not exactly worked. The White House has put pressure on many people in this town to make clear that Snowden is not to be praised in the media or by members of Congress. Various reporters and new organizations have held the line in mocking Snowden or refusing to call him a “whistleblower” rather than a “leaker.”  After all, the fear seems to be that Snowden has to be a traitor or Obama would look like a tyrant. Even high-ranking members have been frog walked back before cameras for uttering a work of praise for Snowden. The problem is that it has convinced few people, even with alteration of Wikipedia and other sites to maintain the party line. Now Obama has come forward to assure people that Snowden is no patriot. No, I guess that title belongs to Obama and others who have engaged in warrantless surveillance and continue to mislead the public on the erosion of privacy and civil liberties. Those patriotic souls include John Clapper who lie under oath to mislead the public about the programs. He is not a perjurer but a patriot in America’s New Animal Farm. Notably, however, not a single reporter asked Obama about the perjury by Clapper. Instead, Obama laid out another set of meaningless measures designed to lull the public back into a comfortably and controllable sleep.

Continue reading “Obama: Snowden Is No Patriot” →

Bizarre, Constitutional Law, Courts, Criminal law, Free Speech, Lawyering, Military, Society, Uncategorized

The Hasan Trial: An “Ugly Thing” Takes Center Court

hasan022wayHasan_nidalBelow is my column this morning in USA Today on the trial of Maj. Nidal Hasan. The trial raises the problem of when you have a defendant who states that he is as guilty as sin under our criminal law but who wants to talk about the sin rather than the crime. It is not the first time we have dealt with unhinged self-represented defendants but Hasan is more unsettling than just another fool for a lawyer.

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Courts, Lawyering, Politics, Society

Ohio Judge Allegedly Chastises Jury For Acquitting Defendant; Promises That She Is Not Done With Defendant

a_25391Jurors are routinely told by judges and lawyers that they alone decide guilt and the parties will abide by their decision. That did not stop however Judge Amy Salerno who allegedly chastised a jury for finding a defendant not guilty in a recent case in Columbus. Salerno has now correctly been referred to the court for disciplinary action after four jurors complained about the tongue lashing.

Continue reading “Ohio Judge Allegedly Chastises Jury For Acquitting Defendant; Promises That She Is Not Done With Defendant” →

Bizarre, Criminal law, Lawyering, Media, Politics, Society, Torts

Tawana Brawley’s Wages Garnished For Defamation Damages From Infamous Hoax Case

250px-al_sharpton_by_david_shankboneTbrawleyWe previously discussed the infamous case of Tawana Brawley and Al Sharpton, now a MSNBC host. In 1987, Brawley, a black teenager, falsely accused a prosecutor, a New York police officer and a state trooper of a racist attack and rape. The racial animus was fueled actively by Al Sharpton who used the case to propelled himself into national fame or infamy. She later recanted and a court ordered damages to be paid by both Brawley and Sharpton — neither of whom paid. The falsely accused former Dutchess County prosecutor Steven Pagones tracked down Brawley living in Virginia and working as a nurse last year. He is owed $190,000 in damages against Brawley, now 40.

Continue reading “Tawana Brawley’s Wages Garnished For Defamation Damages From Infamous Hoax Case” →