Category: Media

Boston Globe: Harvard Reported Warren As Minority For Years In Federal Reports

In Washington, it is often the response of politicians to allegations that get them into more trouble than the original allegations themselves. Harvard Professor and US Senate candidate Elizabeth Warren appears to be reaffirming that rule as more information surfaced that casts serious questions about her veracity over the claim to being a Native American. The latest disclosure comes from the Boston Globe, a Democratic-leaning newspaper that has been criticized for downplaying the controversy in the past. I previously discussed how claiming to be a minority is a significant act for law professors due to reporting to the federal government, the ABA, and AALS. Warren has insisted that she was unaware that she was listed as a minority, but, as a law professor, I am skeptical how such listings can occur without a professor volunteering the information. Now, the Boston Globe is reporting that Harvard listed Warren for years as a minority in reports to the federal government. Obviously, this story has particular interest to law professors, but it is being played out in the Massachusetts senatorial race.

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Top Ten List: How I Learned to Stop Worrying and Love the Bomb Drone”

It appears that the “Drone people” have decided that they need an extreme makeover to change the image of drones from authoritarian killing machines to something more like a really really smart toaster. Company officials are about to launch a publicity campaign to change the public perceptions of drones after conservative columnist Charles Krauthammer said recently that the first person to shoot down a surveillance drone on U.S. soil will be a “folk hero.” It is not clear when this ” How I Learned to Stop Worrying and Love the Bomb Drone” will start.

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Supreme Court Declines To Review Outrageous $650,000 Fine Against Student Who Downloaded and Shared 30 Songs

We have been following the outrageously abusive fines being imposed on citizens for downloading and sharing songs — obscenely large fines allowed by Congress under laws written by lobbyists for the music and movie industries. Law firms have been targeting even people who try to inform citizens of their rights. Now, in one of the most abusive cases involving a former Boston university student, the Supreme Court has refused to review a $675,000 fine against Joel Tenenbaum, 28, for downloading and sharing 30 songs. Despite the general condemnation of these actions, Congress is cowed by pressure from the industry lobby. The most abusive litigation is directed by the Recording Industry Association of America.

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The Clout of the Chicago Cubs

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

As a die-hard White Sox fan (sorry Professor Turley!), it was nice to see the White Sox beat the Cubs in the first two games of the 3 game series at Wrigley Field.  Now, I am not writing this article to rub Cub fan’s noses in it, but rather to discuss one of the Cub’s owners Super Pac political activities and the Cubs ownership that is looking for corporate welfare to help renovate venerable Wrigley Field.  I understand that many ball parks are subsidized by the voters, including beautiful Cellular Field on the South Side of Chicago.  However, there is a big difference in what the Cubs organization wants to do and how they are going about it. Continue reading “The Clout of the Chicago Cubs”

James O’Keefe – Voter Disenfranchisement’s Best Friend

-Submitted by David Drumm (Nal), Guest Blogger

Is there massive voter fraud or is this claim simply a cover for voter disenfranchisement? Those who claim that the voter fraud meme is itself a fraud, have been given a prime piece of evidence in the form of the latest James O’Keefe video. O’Keefe’s video intended to show two examples of non-citizens, and one example of a dead person, who are registered as voters in North Carolina. The video was immediately praised by Michelle Malkin, Breitbart.com, and The Daily Caller.

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The Lure of Certainty is Fear of Uncertainty

Submitted by: Mike Spindell, guest blogger

Ralph Waldo Emerson (1803–1882) :  “A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines.”

Since the beginning of its existence on this planet untold millennia past, life has been a dangerous proposition for all creatures. The big fish eating the little fish has been the model for most interactions between living entities. All living entities have been either predator and/or prey. Evolution needed to develop in each entity methods of recognizing danger and thus trying to ensure that it will be able to replicate itself through procreation. Each species of course has different means of recognizing danger in its environment and various diverse senses for doing so. The importance of these senses varies by species and sometimes varies infra-species. Its own hierarchy of life preserving senses and activities can change in a species as it evolves to meet each new environmental challenge.

As humanity evolved there is no doubt that there were variations in the relative importance of our five senses at different times in our evolutionary history. What many humans believe is our most important attribute is of course the collective of our senses known as intelligence and the ability to reason. We are the singular species of this planet that has developed incredibly complex means of communication leaving us as the seeming masters of our world. Nevertheless, most of what we know of reality is our personal constructs of information that our senses have perceived and then compressed into a usable conception of our world, which despite the breadth of any one individual’s intelligence, is merely an approximation of the whole. However, to continue existence each human must make certain choices based on their personal perception of their environment. Sometimes these choices are successful ad sometimes they are disastrous. Since the arc of human existence has presented an ever-widening range of information, we have learned to edit and approximate much in own personal constructs. An example of this is that behavioral science has determined that we develop pictures in our mind of particular individuals and in our subsequent encounters rely mainly on those original pictures. Anyone who has raised a child knows that it is hard to see them as they grow, as anything more than the infant they were. While it’s true our picture of the child changes with growth, the lasting overlay of impression is usually quite dated. This is at least my conception of human perception.

With this concept in mind let me bring this post to the America of today, illustrated as a microcosm of the difficulty humans have in living with each other.  Our politics have become perhaps more polarized and deadlocked than at any point in our history. Many people respond to each new issue that crosses public consciousness based on their personal sense of correctness, informed by a long developed political belief system that structures the nature of their response. The deeper ingrained this belief that there is only one path to political truth, the more mechanical the response becomes, and the less capable becomes the individual’s ability to react to the information from its environment to save itself. Those species unable to evolve to meet each new challenge to their existence became extinct. As humans our evolution has become more than just meeting actual physical challenges, we have evolved to the point that we represent the greatest danger to ourselves. Human existence is now dependent upon collectively being able to comprehend the dangers we face. How can we understand these dangers if our only method of understanding them is filtered through an ideological certainty that categorizes them based rote methodology? This is my attempt to try to make sense of why our political scene today seems so irrationally skewed by the inability to collectively recognize and adapt to dangers. Continue reading “The Lure of Certainty is Fear of Uncertainty”

Zen Privilege: If A Lawyer Speaks and No One Is Around To Hear It, Is It Privileged?

Litigation Zen Masters take note: The New Hampshire Supreme Court has answered that mind-numbing question: if a lawyer speaks in a public room but no one (other than his client) can hear him, is the statement privileged? The answer appears to be yes. The Supreme Court ruled that the New Hampshire Local Government Center could refuse to redact the minutes for 14 meetings over a 10-year-period because there were no third parties present during statements by counsel.

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Health Insurance and Rebate Checks

Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

I have to admit that I was not aware that the Affordable Care Act, or Obamacare, as its detractors call it, mandates that the insurance companies who don’t spend at least 80% of premium money on actual medical care expenses, must send rebates to policy holders.  “But the rebate provision of the law — the fruits of the so-called “80/20 rule” — is about to kick in big time, as millions of Americans receive rebate checks or premium reductions from insurance companies who have failed to spend enough on patient care. This cash could be a true game changer in public attitudes about whether the law actually is beneficial and good public policy. The rebate provision of the law has been known and discussed in health care policy circles for months, but has largely flown below the radar in the political world and for voters—until now.”  Time   Continue reading “Health Insurance and Rebate Checks”

Iran Sentences Cartoonist To Be Flogged For Insulting Politician

Iran has long been flog-happy in its imposition of medieval Sharia laws. Now, it has sentenced cartoonist Mahmoud Shokraye to receive 25 lashes for drawing a caricature of Iranian MP, Ahmad Lotfi Ashtiani, that the MP found insulting. As you can see, it is a pretty mild cartoon but Iranian officials stand by the punishment.

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White House: President Is “Crystal Clear” On His Position On Gay Marriage . . . He Has No Firm Position On Gay Marriage

No wonder President Obama is so supportive of evolution, he finds it essential to explain both scientific and political developments. Faced with Vice President Joe Biden’s moment of honesty in a weekend interview that he is “comfortable” with same-sex marriage, White House Spokesman Jay Carney appeared to have a brain aneurysm in trying to respond to questions about the President’s position on one of the most fundamental civil rights issues of our generation. Since Biden had clearly “evolved” into supporting same-sex marriage, the reporters wanted to know the status of the President’s long evolution. It appears that Australopithecus evolved faster that President Obama on this civil rights question because Carney kept repeating he is still “evolving” over and over again.

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Defense Counsel in Gitmo Trial Wears Hijab To Court And Asks For Women To Cover Up In Deference To Muslim Defendants

Cheryl Bormann, counsel for defendant Walid bin Attash, has created a stir over wearing a hijab to the military tribunal and asking other women to cover up out of respect of the Muslim sensibilities for the defendants. I have received a fair number of calls on this from reporters and lawyers due to my past representation of Muslims in national security cases. I believe the display was a professional and tactical mistake and I would not want someone on my team to try to make such an extreme accommodation to a client.

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What The %#@!$*

Submitted by: Mike Spindell, guest blogger

The following link was sent to me by Otteray Scribe, who is among the most erudite and respected people among those who frequently comment on this blog. He is an extremely well educated man, with masterful writing ability and a creatively active mind. The title of his E mail to me and the other guest bloggers was WTF? and this is what he wrote:

“This is beyond strange.  Horace Boothroyd III is disabled and apparently has nothing to do but sit at his computer.  He monitors everything going on regarding OWS and police misconduct.  I won’t try to describe this, but it is more than passing strange. Might be worth following up.”
http://www.dailykos.com/story/2012/05/03/1088516/-Occupy-Minnesota-WTF-Cops-picking-up-sober-Occupiers-and-Drugging-them-for-Training-

When someone who I like and respect as much as I do Otteray Scribe, is at a loss for words to describe something, I take notice. When I clicked the link and read this story from Daily Kos, my own reaction mirrored his: WTF? It took me more than twelve hours to respond to his E mail because I needed to let it gestate in my own mind and figure out just what to write about.

Rather than me regurgitating the story I think it is an important one for the readers to view for themselves and present their own take on the why, wherefore and implications inherent in the story.

While allowing you make your own judgments, let me give my bottom line opinion on all of the issues and questions the story raises and let’s see what you the reader makes of it on your own. I believe that the actions detailed in this story are indicative of our beloved America fast moving towards becoming a police state, in the same manner that the USSR, its successor Russia and China are police states. That is that all protest against the status quo is to be repressed. The police/security/intelligence/military forces are not only to act as agents of this repression, in many instances on their own volition without sanction, but also are taking part in the use of counter-insurgency techniques towards those elements within the society deemed dangerous to the status quo. In the minds of those in power openly and behind the scenes the question of what is threatening to the country is in most instances a self-serving rationale for what is politically/economically threatening to them. We must ask ourselves are we to be mere observers meekly silent for fear of our own security, or will we act openly to oppose the destruction of the Constitution of the United States and with it our rights and freedoms?

When Mass Murder is Political

Submitted by: Mike Spindell, guest blogger

As people here no doubt know I am quite opinionated and rather definite in my views, perhaps to a fault some might say. In this piece though I must admit that I have mixed feelings as to what is right and what is wrong, in the issue I write about. The recent thread on this blog: Trophy Terrorist: Obama Suggests Romney Would Not Have Ordered the Killing of Osama Bin Laden: http://jonathanturley.org/2012/04/30/obama-suggests-romney-would-not-have-killed-osama/  engendered a lively debate on the propriety of summarily executing a purported mass murderer. In my mind as I viewed the back and forth of the thread, including my own comments, I began to think of the trial of Anders Behring Breivik in Norway for killing 77 people, the fact that he was using his trial for publicity to advance his racist cause in Norway and that at worst he was facing only twenty-one years, though it “might” be extended for life.

Had Osama Bin Laden been captured and stood trial it would have created a worldwide sensation. It would have had to have been televised, since the clamor for an “open” trial would have been deafening and I would have added my small voice to the clamor. The necessity of fairness to the defense would have followed the same dictum, since a publicly perceived unfairness would result in a U.S. public relations disaster, for obvious reasons. Therefore, this trial could have been used as a stage for stirring up the “terrorist” pot and perhaps as a great recruiting tool for Al Qaeda. My question is: faced with such potentially explosive results from a trial, is the government justified in simply killing to preclude a greater evil? To be honest I’m not completely certain where the equities of these situations lie as I’ll explain.  Continue reading “When Mass Murder is Political”