Category: Media

Congress, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Politics, Society, Uncategorized

Bankers Make a Mockery of the Law, and No One Goes to Jail

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contibutor

It has happened again.  Several big banks have been caught with their hands in the cookie jar and are paying billions in fines for their admitted transgressions.

“On Wednesday, four large global banks — Citigroup, JPMorgan Chase, Barclays and Royal Bank of Scotland — pleaded guilty to a series of federal crimes over a scheme to manipulate the value of the world’s currencies. The Justice Department accused the banks of collusion in one of the largest and yet least regulated markets, noting that at one bank one trader remarked “the less competition the better.”

That lack of oversight, coupled with the pressure to squeeze profits from a relatively middling business, set the stage for this scandal, one that unfolded nearly every day for five years. The crimes described on Wednesday also painted the portrait of something more systemic: a Wall Street culture that enabled many big banks to break the law even after years of regulatory black marks after the crisis.” New York Times Continue reading “Bankers Make a Mockery of the Law, and No One Goes to Jail” →

Constitutional Law, Free Speech, International, Media, Politics, Religion, Society

Irish Voters Abroad Returning Home To Vote On Same-Sex Marriage Referendum

By Darren Smith, Weekend Contributor

100px-Coat_of_arms_of_Ireland.svgOn Friday Irish Citizens went to the polls to vote by referendum on a constitutional amendment allowing same-sex marriage. If passed Ireland will join nineteen other nation states who have legalized such marriages and will be the first to enact the petition by popular referendum.

The topic of the referendum garnered such strong interest it is expected that a large percentage of Ireland’s 3.2 million registered voters will go to  the polls. In fact, reportedly, unexpectedly high numbers returned home at their personal expense to cast votes.

Continue reading “Irish Voters Abroad Returning Home To Vote On Same-Sex Marriage Referendum” →

Bizarre, Media

Toronto Man Fired By Employer After Being Shown Insulting Female Reporter With Obscene Expression

Screen Shot 2015-05-20 at 8.20.44 AMWe have another case of a man fired for obnoxious conduct outside of his workplace. While we recently discussed this issue with regard to academics, it is increasing common for private employers to fire people who make themselves notorious with thuggish or insulting conduct in public. The latest is Shawn Simoes, who appears to have the mentality of a three year old and taunted a female report with a disgusting sexually explicit heckle on television. He was an engineer with Hydro One, which fired him after the scene was posted outside of BMO Field.

Continue reading “Toronto Man Fired By Employer After Being Shown Insulting Female Reporter With Obscene Expression” →

Bizarre, International, Media, Society

Report: Labor Unions Contributed To Clinton Foundation

225px-Hillary_Clinton_official_Secretary_of_State_portrait_cropThis is shaping up for another bad week for Hillary Clinton with stories on another undisclosed and unofficial email account that was used during tenure as Secretary of State as well as a New York Times story on the role of Sidney Blumenthal in seeking business with the State Department while continuing as an unofficial and controversial adviser to Clinton. However, the story that I found most interesting is a report that unions have been pouring significant money into the Clinton Foundation. The Foundation has been accused of being a conduit for donors and foreign governments to give money to the Clinton, who have used the Foundation to hire loyalists (like Blumenthal) and pay for luxury travel for the Clinton family. While some have denounced the Clinton Foundation a “slush fund,” the New York Times has offered a more tempered criticism of the Foundation for its business dealings and advancement of Clinton’s political interests. Yet, Clinton supporters insist that the Foundation has done important work around the world. The use of union funds to support the Foundation would in my view be the most serious of the past disclosures, though it has received less attention than the huge sums paid by corporate and foreign figures trying to influence Hillary Clinton as Secretary of State.

Continue reading “Report: Labor Unions Contributed To Clinton Foundation” →

Academia, Media, Society

Boston University Professor Grundy Accused Of Another Series of Offensive Postings

GrundyPic-150x150Boston_University_seal.svgWe have been discussing the racist tweets of Saida Grundy, an incoming assistant professor of sociology and African-American studies at Boston University, who used twitter to denounce white men as the central problem at universities and described how she tries not to do business with white people. After an outcry from alumni, Boston University president Robert Brown expressed “disappointment” with her statements and Grundy herself apologized for what she called “indelicate” wording.  The response has been withering with many saying that few would view the comments “indelicate” if a white professor encouraged people not to buy things from black people or calling black males as the problem on colleges. She now stands accused of a fairly unhinged exchange with a white woman who expressed her personal feelings over an article attacking actress Patricia Arquette for her call at the Oscars for equal pay for women.

Continue reading “Boston University Professor Grundy Accused Of Another Series of Offensive Postings” →

Academia, Free Speech, Media

Duke Professor Under Fire After Tweeting Statements Condemned As Racist

u1582200px-Duke_University_Crest.svgWe recently discussed the case of Saida Grundy, an incoming assistant professor of sociology and African-American studies at Boston University who released a series of tweets denounced by many as racist and sexist, including calling white males the main problem on college campuses and admitting how she tries not to buy anything from white people. While many called for Grundy to be fired, some of us defended her racist and sexist comments as an exercise of free speech done outside of her teaching responsibilities. However at the time, I noted “a series of tweets denounced by many as racist and sexist. “White masculinity isn’t a problem for america’s colleges, white masculinity is THE problem for america’s colleges.” Now we have such a case and it does appear to confirm some of our concerns that the same standard is not applied to those with opposing views. Duke University professor Jerry Hough has reportedly been placed on leave after posting comments online that were also denounced as racist. While Grundy was allowed to apologize for “indelicate” comments about whites, Hough is facing calls for termination and has reportedly been put on leave. [UPDATE: there are some stories indicating that Hough may have been on academic leave rather than “put on” academic leave.  It is not clear from various reports.]

Continue reading “Duke Professor Under Fire After Tweeting Statements Condemned As Racist” →

Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Society, Supreme Court

What is the Cost to Purchase a State Supreme Court?

Chief Justice Roberts

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

The answer to the question posed in the title, in the state of Wisconsin, is $8 Million dollars.  For those of us who think Judges are not and should not be politicians, the situation in Wisconsin is especially disturbing.  However, Wisconsin is not alone in this dilemma.  Thirty nine states elect their judges and the money flowing into those campaigns is increasing the concerns of special interests “purchasing” justice. Professor Turley has also commented in the past about the alarming amounts of money flowing into judicial elections.

In a recent United States Supreme Court decision, Chief Justice Roberts weighed in on money and politics in judicial elections.  “Last week, the United States Supreme Court upheld a Florida judicial rule that prohibits candidates for election to state judgeships from personally soliciting money for their campaigns. ‘ “Judges are not politicians,” Chief Justice John G. Roberts, Jr., wrote in the majority opinion in the 5-4 decision, “even when they come to the bench by way of the ballot.” He went on, “Simply put, Florida and most other States have concluded that the public may lack confidence in a judge’s ability to administer justice without fear or favor if he comes to office by asking for favors.” ‘ New Yorker Continue reading “What is the Cost to Purchase a State Supreme Court?” →

Academia, Constitutional Law, Free Speech, Media, Society

Boston University Professor Saida Grundy Apologizes For Racist and Sexist Comments As “Indelicate”

GrundyPic-150x150Boston_University_seal.svgWe have been discussing the curious start of the academic career of Saida Grundy, an incoming assistant professor of sociology and African-American studies at Boston University, who released a series of tweets denounced by many as racist and sexist. “White masculinity isn’t a problem for america’s colleges, white masculinity is THE problem for america’s colleges.” In a January tweet, Grundy wrote: “Every MLK week I commit myself to not spending a dime in white-owned businesses. and every year i find it nearly impossible.” Previously, she posted comments like “Deal with your white sh*t, white people. slavery is a *YALL* thing.” With many objecting that the University would have fired a male or white professor for such comments directed against blacks or women, donors have begun to revolt and the University was forced to issue a statement condemning the comments. Now, after a surprisingly long period of silence, Grundy has apologized but may have aggravated the situation further. She has called the statements “indelicate” and says that they were in response to unidentified events. The response has been withering with many saying that few would view the comments “indelicate” if a white professor encouraged people not to buy things from black people or calling black males as the problem on colleges.

Continue reading “Boston University Professor Saida Grundy Apologizes For Racist and Sexist Comments As “Indelicate”” →

Academia, Free Speech, Media, Torts

University of Virginia Associate Dean Sues Rolling Stone Magazine Over Rape Story

We have been following the ongoing controversy involving Sabrina Rubin Erdely, the investigative journalist who wrote a feature story for Rolling Stone on an alleged sexual assault on the campus in Charlottesville, Va. I previously wrote about the curious response of Rolling Stone in admitting a range of shocking journalistic failures but refusal to fire anyone, including Erdely, for a story that clearly defamed a host of people and damaged the reputation of both the University of Virginia as the Phi Kappa Psi fraternity house. I have commented in the past that Rolling Stone can clearly be sued in the case and probably should be sued. Now the first such lawsuit has been filed. University of Virginia associate dean of students Nicole Eramo has filed a multi-million dollar defamation lawsuit against Rolling Stone alleging that the magazine destroyed her reputation in her portrayal as callous and indifferent and that she was vilified by Erdely and the magazine. The magazine printed a photo illustration of Eramo that allegedly was edited from a mundane Cavalier Daily photo to a more menacing image that “demonstrates the lengths Erdely and Rolling Stone were willing to go to portray Dean Eramo as a villain.”

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Congress, Constitutional Law, Courts, Criminal law, Media, Politics

NSA Now Claims DNI Director Clapper Merely Forgot About Massive Surveillance System Targeting Millions of Citizens

Robert-Litt220px-James_R._Clapper_official_portraitThe National Security Agency is still struggling to explain what many denounced as the uncharged act of perjury by Director of National Intelligence James Clapper in denying the existence of the secret NSA surveillance program targeting the communications of all Americans. If you recall, the first explanation by Clapper was that his denial was an intentional act to pick the “the least untruthful” statement to answer the question. Then, National Intelligence general counsel Robert Litt (left) insisted that Clapper “misunderstood” the question. Now, Litt is changing spins and saying that Clapper merely forgot about the massive surveillance system. It was not only massive but recently declared illegal, as some of us have long maintained. It is the latest chapter in America’s Animal Farm as average citizens are criminally charged with small discrepancies in statements to investigators while people like Clapper and David Petraeus and Sandy Berger are protected from serious repercussions for alleged criminal acts.

Continue reading “NSA Now Claims DNI Director Clapper Merely Forgot About Massive Surveillance System Targeting Millions of Citizens” →

Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Politics, Science, Society

Is The Cell Phone Kill Switch in the Wrong Hands?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

You may not have heard of it before, but the government has the ability to shut off cell phone service at any time, under the guise of National Security.  The Department of Homeland Security has an operating procedure known as Standard Operating Procedure 303( SOP 303) and it has been labeled as the cell phone “kill switch”.

I knew very little about the “kill switch” before today, but according to a recent Al Jezeera America article, the kill switch authority is being currently debated in Federal court. Continue reading “Is The Cell Phone Kill Switch in the Wrong Hands?” →

Criminal law, Environment, Media, Society

Graffiti Artists Defacing Natural Areas and Wilderness Trails In Latest Tagging Sensation

220px-André_SaraivamrA_smallThere is a growing war between environmentalists and graffiti artists over “tagging” natural settings and parks. Hiking is my main pastime and I have long been mystified by people who go to gorgeous natural settings and degrade them with their graffiti. However, some “artists” are now heralding the move to add graffiti to natural trails and sites. One of them is Andre Saraiva is an internationally known graffiti artist who showed how he tagged a boulder at the Joshua Tree National Park. In my view, he should be arrested but he and other graffiti artists think that this is a matter of celebration and pride to ruin these sites for the rest of us. Saraiva appears to believe that some of us go on hikes to see his childish scriblings on tree and rock. Most people try to escape such urban mess by taking to the trails and Saraiva and others are committed to degrading nature in the very same way. The solution is simple in my view: arrest him.

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Congress, Constitutional Law, Media, Politics, Society

Asian American Band Granted Appellate Hearing On Denial Of Trademark Of Its Name As Racially Disparaging

textonlyI have previously written about my disagreement with the U.S. Patent and Trademark Office decision to rescind federal trademark protections for the Redskins as a racially disparaging name. That case is still being appealed but a new case may well answer some of the question raised in the prior column. An Asian American rock band called “the Slants” has appealed a decision to deny it trademark protection — allowing the question to be heard by the U.S. Court of Appeals for the Federal Circuit. A panel previously upheld the denial in In re Simon Shiao Tam, 2015 U.S. App. LEXIS 6430.

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Courts, Criminal law, International, Justice, Lawyering, Media, Religion, Society, Torts

Stranger in a Strange Land: ABA To Hold Session On The Cultural Defense

200px-AbalogoI will have the honor of serving as the moderator on a panel at the American Bar Association’s conference in Washington, D.C. today. The panel is entitled “Stranger in a Strange Land: Cross Cultural Issues in the Courts.” This is part of an internationally successful program organized by Judge Hon. Delissa A. Ridgway of U.S. Court of International Trade. Judge Ridgway has brought together jurists and lawyers from around the world to discuss difficult cultural issues that are increasingly appearing in criminal and civil cases. These cases deal with arguments or defenses that turn on the cultural norms or practices of a given defendant or litigant. The cases have forced the question of when and how courts should recognize such defenses.

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Criminal law, Media, Politics

Baltimore Mayor: “We . . . Gave Those Who Wished To Destroy Space To Do That.”

mayorWith looting and rioting increasing in Baltimore, Baltimore Mayor Stephanie Rawlings-Blake caused a bit of a stir in her press conference by explaining that she instructed police to not only give protesters room for the exercise of their free speech but “we also gave those who wished to destroy space to do that as well.” The problem is that images of people being stripped of their bags and belongings in broad daylight seemed to confirm precisely that type of space. It is perhaps the most botched quote in the history of botched quotes.

Continue reading “Baltimore Mayor: “We . . . Gave Those Who Wished To Destroy Space To Do That.”” →