Category: Media

AWOL WITH THE ABA? LAST DAY TO VOTE FOR OUR BLOG AS TOP NEWS/ANALYSIS BLOG

Well, my friends, we are down to the last day in the annual competition for top blog with the ABA Journal. We stand here like nerdy bloggers on the eve of the Battle of Agincourt. If you like our blog, it is time to answer the call of history. We are in the highly competitive News/Analysis category and we need your vote if you can just spare a minute to vote. You can vote here. It just take a few seconds to register to avoid vote rigging.

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Federal Court Declares NSA Program Unconstitutional

Richard_J._Leon_NSA logo smallU.S. District Court Judge Richard Leon has handed down a blockbuster decision this afternoon finding that the massive National Security Agency surveillance program is unconstitutional – a view shared by many constitutional scholars including myself. The decision is not only a courageous defense of privacy but a reaffirmation of the integrity and independence of the courts. While President Obama often insists that his authority for such surveillance is clear, the Justice Department has fought mightily (and until now successfully) to block all major challenges of the program from securing judicial review. The decision is also an embarrassment to the “reform” boards set up by the White House, including one that just released its findings on the NSA program (including the assurance that the NSA program is perfectly legal).
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Was Jesus White?

-Submitted by David Drumm (Nal), Guest Blogger

440px-MegynKellyMegyn Kelly, on her Fox News show, declared: “Jesus was a white man, too. It’s like we have, he’s a historical figure that’s a verifiable fact, as is Santa, I just want kids to know that.” While I grant that Jesus was a historical figure, Santa was only based on a historical figure, a monk named Nicholas. Nicholas was born around 260 A.D. in Patara, in present-day Turkey. Nicholas was probably Greek although little is known about his parents. While it make make Kelly uncomfortable, Nicolas certainly wouldn’t have looked as white as Santa appears in the Coca-Cola ads.

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Our “Virtuous” Rich

Submitted By: Mike Spindell, Guest Blogger

104248208I believe that it is impossible to deal with any problem until one understands the underlying nature of that problem. The analogy of a Physician treating the symptoms of a patient, but ignoring the cause of those symptoms, comes to mind. We have the medicine to deal with the specific manifestation of an illness like a headache and a fever, but in ameliorating the discomfort of the symptoms, we may miss the underlying pathology. This happened to me last March when shortly after being prescribed a change in the anti-rejection medicines that keep me alive after my heart transplant, I began to get so sick that I needed hospitalization in intensive care. I won’t bore you with the grimy details of this sudden downturn in health, but I must note that my most important bodily functions began to shut down. What is curious about this incident is that my wife, who is internet savvy, immediately began to suggest to my Doctors that I was having a bad reaction to the medicinal change. At first they ignored her as they had Department Heads in Cardiology, Immunology, Infectious Diseases, Neurology, Proctology, Urology and even Dermatology come in to examine me and pore over my medical charts. Finally, in response to my wife’s unfailing advocacy, they returned me to my prior anti-rejection medication. To my Physician’s surprise and possible chagrin the symptoms almost immediately began to abate and within in days I was home from the hospital and on the mend. Continue reading “Our “Virtuous” Rich”

Federal Court Strikes Down Criminalization of Polygamy In Utah

240px-sister_wives_tv_series_logoIt is with a great pleasure this evening to announce that decision of United States District Court judge Clarke Waddoups striking down key portions of the Utah polygamy law as unconstitutional. The Brown family and counsel have spent years in both the criminal phase of this case and then our challenge to the law itself in federal court. Despite the public statements of professors and experts that we could not prevail in this case, the court has shown that it is the rule of law that governs in this country. As I have previously written, plural families present the same privacy and due process concerns faced by gay and lesbian community over criminalization. With this decision, families like the Browns can now be both plural and legal in the state of Utah.  The Court struck down the provision as violating both the free exercise clause of the first amendment as well as the due process clause.   The court specifically struck down language criminalizing cohabitation — the provision that is used to prosecute polygamists.  The opinion is over 90 pages and constitutes a major constitutional ruling in protection of individual rights.

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Obama Administration Witnesses Appear Before Congress To Answer Questions On The Costs Of Afghan War And Say That They Simply Do Not Know The Costs Of The Afghan War

220px-Dana_Rohrabacher090413170658_Mike Dumont Official PhotoThere was an interesting and disturbing moment in a hearing this week on Afghanistan before the House Foreign Affairs Committee. Appearing for the Administration to answer questions on the costs and status of the war were James F. Dobbins, State’s special representative to Afghanistan and Pakistan; Donald Sampler, assistant to the administrator, U.S. Agency for International Development, which provides civilian foreign aid; and Michael Dumont, deputy assistant secretary of defense for Afghanistan, Pakistan and Central Asia (right). In the middle of the hearing, Rep. Dana Rohrabacher (left) asked what should have been a rather predictable question: how much are we continuing to spend on the war annually? None of the Administration witnesses could answer the question. He then asked how many Americans have died in battle? Again, a collective shrug from the witnesses. Even Democrats appeared stunned by the Administration’s inability or refusal to answer the questions. In the meantime, Hamid Karzai has shown the Administration a better way to dealing with pesky congressional questions: you bar them from entering the country.

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Amnesty International Calls For Saudi Arabia To End Persecution of Lawyer In Notorious Rape Case

saudi_4100px-Amnesty_International_logo.svgThe leading human rights organization Amnesty International has called on Saudi Arabia to end the persecution of lawyer Abd al-Rahman al-Lahem who was stripped of his license and put under investigation after telling the world of another abusive sentence of a rape victim by the medieval Sharia courts of Saudi Arabia. In the case, a court sentenced a 19-year-old rape victim to 90 lashes. When her attorney went public with the abusive sentence, her sentence was increased to 200 lashes plus six months in jail and her lawyer was stripped of his license. The victim was found guilty of violating the Sharia rule requiring strict segregation of the sexes.

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Revamp the Federal Reserve

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

This past week the main stream media made a big deal about the unemployment rate declining to the five-year low of 7%.  While it was good news that over 200,000 jobs were added to the economy and that the unemployment rate decreased, the economy and main street are still lagging behind Wall Street.  The Federal Reserve has been attempting monetary easing strategies in an effort to stimulate the economy.  It may have worked for Wall Street, but the rest of us are still catching up.

“The Federal Reserve is the only central bank with a dual mandate. It is charged not only with maintaining low, stable inflation but with promoting maximum sustainable employment. Yet unemployment remains stubbornly high, despite four years of radical tinkering with interest rates and quantitative easing (creating money on the Fed’s books). After pushing interest rates as low as they can go, the Fed has admitted that it has run out of tools.” Ellen Brown  Continue reading “Revamp the Federal Reserve”

Report: Wounded Warrior Charity Says It Cannot Find Donations From Dayna Morales

220px-Wounded_Warrior_Project_logo.svg857437-fd34c33c-4d78-11e3-9491-1affab8972a4We previously discussed the curious case of Dayna Morales, a lesbian waitress a tip because they refused to support her “lifestyle.” An ex-Marine and server at Gallop Asian Bistro in Bridgewater, N.J., produced a receipt that said “I’m sorry but I cannot tip because I don’t agree with your lifestyle and how you live your life.” People flocked to the restaurant to leave big tips for Morales and she received national acclaim for donating the tips to the Wounded Warrior charity. She was later challenged by the couple who produced a receipt showing that they did in fact tip her, never wrote anything on the receipt and actually support gay rights. Former friends also came forward to allege that Morales is a habitual liar who was  discharged from the Marine Corps for failing to go to training. She has since been suspended from her job at the restaurant. We explored the possible criminal and civil liability that Morales could face if she had in fact lied. I noted that Morales’ promise to give the windfall of sympathetic tips to Wounded Warriors was a good idea to avoid allegations of fraud. However, new local coverage reports that Wounded Warriors has no record of the donations, though she may have made the donations under a different name or in a different locality.

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Hearing Or Elephant? Washington Post Portrays Republicans At Presidential Abuse Hearing As Impeachment Obsessed

220px-Republicanlogo.svg220px-Washington_Post_buildingThe Washington Post has a controversial take on yesterday’s hearing in its coverage by Dana Milbank. The hearing raised the serious question of a pattern of allegedly unconstitutional actions by President Obama in either barring enforcement of federal law or directly violating those laws. However, the Washington Post only reported on the fact that impeachment was raised in the hearing in the discussion of the constitutional means left to Congress to address presidential abuse. Republicans object that the Post piece misses 99 percent of the hearing detailing the rise of an imperial presidency under Obama and four hours of discussion of the dangerous shift of power in the tripartite system. Impeachment or presidential abuse. It seems that two hearings occurred simultaneously. Both sides appear to be claiming the other is blinded by bias. The Milbank and Republican accounts appear a modern version of the parable of the elephant and the six blind men.

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WE NEED YOUR VOTE FOR THE TOP NEWS/ANALYSIS BLOG!

Uncle Sam 2013_Blawg100Honoree_150x150It is that time of the year for our annual blawgletting — the ABA top blog competition. We have once again been selected as one of the top 100 legal blogs and this year inducted into the Hall of Fame. It appears that, as an inductee, this will be our last year to compete for top blog so we should go out with a bang. We are in the highly competitive News/Analysis category and it is time to release our minions upon the field for one last blog battle. You can vote here. It just take a few seconds to register to avoid vote rigging.

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CryptoLocker, ransomware and holding the internet hostage

Submitted by Charlton Stanley, Guest Blogger

“I am regularly asked what the average Internet user can do to ensure his security. My first answer is usually ‘Nothing; you’re screwed’.”
   – Bruce Schneier

cryptolockerThe quote by Professor Bruce Schneier at the top of this article is the unvarnished truth by one of the leading internet and cryptography experts in the world. Which brings us to the subject of this story. The latest threat to everyone’s computer is a form of malware called “Ransomware.” This is not new, having first appeared years ago. Those first attempts were clumsy, the software codes easily broken, and the perpetrators caught. However, in the past few weeks the threat is back, more sophisticated and more dangerous than almost any malware threat to date. Although often referred to as a virus, it is not a true computer virus, because it does not self-propagate. It is a Trojan. Ransomware does not try to steal your files, passwords or photographs. Rather, it holds them hostage until you pay a ransom. There are several ransomware viruses going around, but CryptoLocker is the one getting the most media attention. How it works is this; you click on a file that may have arrived by email. Sometimes it will arrive by clicking on a web page link. Possibly a PDF of some business letter or report. Shortly after clicking an infected link, the image at the left appears. You will have no warning until it is too late. When the warning box appears, your files are already encrypted.  Follow me over the flip to see the message:

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