Category: Lawyering

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

Collateral Damage of the Police

Submitted by: Mike Spindell, guest blogger

This past week Professor Turley had two posts regarding the innocent victim of a police shooting: http://jonathanturley.org/2012/07/17/florida-police-pound-on-wrong-door-looking-for-suspect-without-identifying-themselves-thenves-then-shoot-and-kill-innocent-man-who-answers-the-door-with-weapon/#comments  and http://jonathanturley.org/2012/07/20/report-police-allegedly-increased-suspects-alleged-crime-after-shooting-third-person/#more-51907  These can fairly be called the latest installments of an ongoing series that details deaths and injuries sustained by people who are the victims of policing errors. There were a fair number of comments all lamenting yet another example of careless police work, in tandem with a propensity to shoot first and hope for the best. After awhile the comments petered out because this instance is but one of many that have been publicized by Professor Turley. He tries to focus attention on what seems to be blatant disregard for the rights of individual citizens. After all, what does one say after expressing their outrage at egregious behavior and impotently raging against the expected ensuing cover-ups? Emotionally, I personally feel horror and outrage when something like this happens and I desire justice in the form of stiff punishment for the avoidable errors that took an innocent life. Yet this occurs time and again as outrage simmers and yet another story captures our attention. It seems that nothing is ever really done with the macro-cosmic problem, even when on the individual level, though very occasionally, the people responsible are held to account. When I thought about the issue of police killing the wrong person it occurred to me that this is not something that has recently developed in our country, or indeed the rest of the world. In fact it seems to me that such occurrences represent a norm of human history that stems from how the entire concept of policing first came about. Policing had its origins in protecting wealth, property and the status quo of autocratic authority.  Continue reading “Collateral Damage of the Police” →

Academia, Bizarre, Justice, Lawyering, Society, Things That Tick Me Off

Down In The Valley V: Spanier’s Culture of Secrecy And Penn State’s Other Ignored Child Sexual Abuse Scandal

By Mark Esposito, Guest Blogger

Author note: This is the fifth in a series about the child sexual abuse scandal at The Pennsylvania State University that helped bring down iconic football coach Joe Paterno and three top officials at the premier public college in Pennsylvania.  

The Magician

Penn State’s ousted president and amateur magician, Graham Spanier, enjoyed a well-deserved reputation for secrecy while leading the state’s flagship public university. In one instance, Spanier became incensed when he learned that the Harrisburg Patriot-News had obtained the salaries of the top PSU officials —  including Joe Paterno  — from the state pension board.  (Paterno had consistently made mention of the fact that he received around $500,000 per year as a coach, donating much of it back to PSU. Many prominent FBS football coaches make up to ten times that amount and it appears Paterno was fudging a bit on his salary.) Spanier embarked on a five-year fight to block publication of the salaries, taking the case through the entire appeals process and up to the Pennsylvania Supreme Court. Spanier lost at every level. Undaunted and against the odds, he successfully lobbied Pennsylvania state lawmakers to reject closing the loophole which exempted college employees salaries from the state’s “right-to-know” law. With that legislative prestidigitation, he just made the problem disappear.

Continue reading “Down In The Valley V: Spanier’s Culture of Secrecy And Penn State’s Other Ignored Child Sexual Abuse Scandal” →

Constitutional Law, Criminal law, Free Speech, Lawyering, Media, Politics, Society

Human Rights Watch Issues Report On Loss Of Civil Liberties Under Chávez

The Human Rights Watch has issued a damning report on the loss of freedoms and civil liberties under Venezuelan President Hugo Chávez. HRW found a comprehensive rollback of core political and legal rights for journalists, dissidents, and the courts. As I have noted before, I am astonished how many in the liberal community in the United States have been muted in their opposition to Chávez who has modeled his government on that of Castro in Cuba while establishing alliances with some of the worst dictators in the world.
Continue reading “Human Rights Watch Issues Report On Loss Of Civil Liberties Under Chávez” →

Lawyering, Torts

Law Firm Sues Thomas M. Cooley For Defamation

We have been following the defamation lawsuit filed by Thomas M. Cooley Law School against the Kurzon law firm, a New York plaintiffs law firm. Now, Partner Jeff Kurzon has filed a counter lawsuit against Cooley in New York. Kurzon is pursuing a class-action against the Michigan law school for allegedly fudging employment and student loan statistics.

Continue reading “Law Firm Sues Thomas M. Cooley For Defamation” →

Academia, Lawyering, Society

Getting Your MRS Degree

-Submitted by David Drumm (Nal), Guest Blogger

Amber Estes (left) has submitted an article to The University of Georgia student newspaper entitled “How to find that perfect husband in college.” Estes writes that the four years of college are “four years to find a husband” and provides six easy to follow steps.

Step 2: Spend your free time casually moseying around the law school.

Step 4: On your first date, STAY CLASSY. A man won’t get down on one knee for a woman who is overly willing to get down on both of hers.

Bizarre, Courts, Criminal law, Lawyering

Something Did Not Stay In Vegas: Florida Father Jailed For Contempt in Consenting To 16-Year-Old Son To Marry

There is an absolutely fascinating contempt finding in Florida where Millionaire Dan Rotta, 65, has been sent to jail for 180 days for criminal contempt in a divorce case — for allowing his 16 year old son to get married in Las Vegas. The court had ordered that the boy be sent to a special school in Utah — at the request of his mother Rene Rotta — in light of his problems with Attention Deficit Hyperactivity Disorder and Oppositional Defiant Disorder. However, by marrying with the consent of one parent in Vegas, the boy is now legally treated as an adult and is no longer under the jurisdiction of the court as a child in the divorce case.

Continue reading “Something Did Not Stay In Vegas: Florida Father Jailed For Contempt in Consenting To 16-Year-Old Son To Marry” →

Courts, Justice, Lawyering, Media, Politics

Scranton versus the Courts

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

After writing an earlier article about the Pennsylvania Voter ID law, I saw another article about a Pennsylvania issue that seems a little hard to comprehend.  Recently, the City of Scranton, PA decided that it could not afford to continue to honor its contractual obligations with its City Fire, Police and Public union workers.  One problem with Scranton’s decision is that a Federal judge had ordered that the City must honor its obligations to the employees under the terms of a temporary injunction that he granted the employees. Continue reading “Scranton versus the Courts” →

Bizarre, Criminal law, Lawyering, Politics, Religion, Society

South Carolina Judge Sentences Drunk Driver To Read Book Of Job

South Carolina Judge Michael Nettles has imposed a novel sentence on Cassandra Tolley, 28, for DUI. Tolley has been ordered to read and write a summary of the Old Testament book of Job. I have been an outspoken critic of such novel punishments for years (here and here). The order to read and summarize a religious book is not simply an affront to our legal system but a danger to the separation of church and state.

Continue reading “South Carolina Judge Sentences Drunk Driver To Read Book Of Job” →

Courts, Lawyering, Politics

West Virginia Judge In Abusive Video Will Not Face Complaint From Supreme Court Because He Is “Contrite”

We previously discussed the bizarre screaming tirade of Putnam Circuit Judge William Watkins in a divorce case. While the husband, Rev. Arthur D. Hage, 63, charged Watkins with misconduct, Steve Canterbury, the administrator of the West Virginia Supreme Court has announced that he will not seek charges in the case. It leaves some confusion over what it would take to get a charge out of the high court.

Continue reading “West Virginia Judge In Abusive Video Will Not Face Complaint From Supreme Court Because He Is “Contrite”” →

Bizarre, Courts, Lawyering, Society

West Virginia Judge Charged With Abusive Conduct Depicted in Courtroom Video

Rev. Arthur D. Hage, 63, has posted the video below as part of his complaint to the state Judicial Investigation Commission about Putnam County Circuit Court Family Law Judge William M. “Chip” Watkins III. It shows Watkins, 58, going ballistic in a divorce case where he screams at Hage, including to tell him to “Shut up” and accusing him of telling a “damn lie.”

Continue reading “West Virginia Judge Charged With Abusive Conduct Depicted in Courtroom Video” →

Bizarre, Lawyering, Society, Torts

New York Lawyer Slaps Paul Hastings Partner During Deposition And Then Files Defamation Action

There is a bizarre lawsuit shaping up in Manhattan. Lawyer Kenechukwu Okoli has filed a defamation and assault complaint against Paul Hastings partner Allan Bloom over an encounter at a 2011 deposition. During the deposition Okoli slapped Bloom and now claims that he was assaulted by accidental spittle and defamed when Bloom called him “uncivilized, ignorant and incompetent.” Remarkably, Bloom did not file for assault but in his Motion To Dismiss, Bloom (the accused spitter) says that there is no grounds for libel or assault by Okoli (the alleged spittee), who is seeking $1 million.

Continue reading “New York Lawyer Slaps Paul Hastings Partner During Deposition And Then Files Defamation Action” →

Bizarre, Criminal law, Lawyering, Society

Lawyer Poisons Himself In Court After Being Found Guilty Of Arson

Michael Marin was the very image of a powerhouse lawyer: a Yale Law School graduate who went on to find success as a Wall Street trader who climbed Mount Everest, collected valuable art works and supported charities. The bon vivant seemed to be living the life of legend until he was charged with burning down his own Biltmore Estates mansion in Arizona. Shortly after being convicted of arson in court, Marin was seen putting something in his mouth. He promptly collapsed and died.

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Academia, Lawyering, Supreme Court

Now Let’s Turn To Our Other Guest On What He Thinks Chief Justice Roberts Intended . . .

Someone sent me this screen shot from yesterday’s coverage and asked how I was able to join Chief Justice John Roberts in discussing the health care ruling. Frankly, I thought arriving at the studio in his robe was a bit much but I appreciate his participation in the coverage. It is, however, a bit unfair to reply to analysis by your co-panelist with “well, that is not what I meant.” I think I have a slightly better handle on his own intentions, fears, and feelings after doing this type of work for a couple decades. Indeed, I have been known to go into a deep trance on television and channel the thoughts of James Madison (as well as Thomas Paine’s bartender).
Continue reading “Now Let’s Turn To Our Other Guest On What He Thinks Chief Justice Roberts Intended . . .” →

Congress, Constitutional Law, Free Speech, Lawyering, Media, Military, Politics

Supreme Court Strikes Down The Stolen Valor Act

In an important win for free speech, the Supreme Court affirmed the Ninth Circuit in striking down the Stolen Valor Act — legislation that I have previously criticized (here and here) as a threat to the first amendment. The nice thing is that it was not particularly close and Chief Justice Roberts again broke with his more conservative colleagues. In United States v. Alvarez, No. 11-210, the Court held 6-3 that it is unconstitutional to criminalize lies — in that case lying about receiving military decorations or medals. Ironically, Alvarez now has something to brag about but no one will believe him.

Continue reading “Supreme Court Strikes Down The Stolen Valor Act” →