Category: Media

Free Speech Versus Facts

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

I am sure you have all seen the comments and political advertisements and articles calling President Obama a Communist, a Socialist, a Kenyan citizen and various attempts to claim that he is a secret Muslim. I had thought I had seen them all when I came across the latest affront to reality.  A Gannet newspaper in Louisiana has agreed to run an “interesting” advertisement from an organization calling itself the SOAR Project.  SOAR stands for Save Our American Republic.

In my humble opinion, this advertisement goes far beyond any level of reasonableness when it leads with the question, “Will Obama and the Democrats Shoot Catholics and Christians “?  Continue reading “Free Speech Versus Facts”

Battle Of Britain – Krugman vs. Austerity Proponents

-Submitted by David Drumm (Nal), Guest Blogger

On BBC Newsnight (video below), Nobel laureate Paul Krugman was pitted against venture capitalist Jon Moulton and Conservative MP Andrea Leadsom to discuss the merits of austerity. Krugman handily demolished their arguments. Krugman likened austerity to bloodletting, where if the patient gets sicker, even more bloodletting is called for. Krugman is in Europe on a book tour and his ideas are making headlines.

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The Pursuit of Political Purity

Submitted by: Mike Spindell, guest blogger

ImageSome comments in the ongoing debate regarding the candidacy of Elizabeth Warren got me to thinking about our political system and people’s reactions to it. Warren is criticized by the Right for obvious reasons, given her strong stances on managing the economy and controlling the excesses of the Corporate Culture. In a sense she offends their sense of political purity, but then that is but a given because she is a Democrat. We have seen though on the Right that such conservative stalwarts as Richard Lugar have gone down to primary defeat because he failed the Tea Parties test of what a “true” conservative should be. Richard Lugar failed the “purity” test even though his conservative history is impeccable. In my conception political purity conforms to “party line” thinking, punishing those that fail to adhere in all respects to the standards of a given faction’s concept of standards their candidates must adhere to in order to retain enthusiastic support. I use “faction”, rather than “party”, because our two party political system actually represents an amalgam of various factions imperfectly coalescing under the rubric of a “Political Party”.

From a Left, or even Centrist perspective, there has been both amusement and trepidation about how the “Tea Party” faction has exerted control over the Republican Party. Then too, there is the same reaction to the power exerted by Fundamentalist Christians, a group that at some points overlaps with the “Tea Party”. A human trait is to see the foibles of groups we define as “other”, while being oblivious to the idiosyncrasies of the groups we are aligned with. Liberals, Progressives, Radicals and even Leftist Centrists like to believe that they are immune from the turmoil that they see in their Right Wing opposites, yet the “Left” and even the “Center” also routinely define people in terms of litmus tests of political purity. This was highlighted by certain comments on the Warren thread where people who were seemingly in tune with her domestic policy views, disliked her positions on the Middle East and appeared to hold them against her. This has definitely been true with many progressives and/or civil libertarians in viewing this current Administration. My purpose here is not one of castigation for anyone’s perspective; rather I’m interested in exploring the phenomenon of the belief that political figures need to meet all of our expectations in their positions, or be unworthy of our support. My own perspective is that tests of political purity are self defeating because it is impossible for any particular political figure to be in perfect agreement with all that any of us individually believe and politics becomes oppression without the ability to negotiate. The process of real negotiation requires compromise. What follows is why I believe that is true. Continue reading “The Pursuit of Political Purity”

Sister Wives: Prosecutors Drop Investigation Of Brown Family And Promise Not To Prosecute For Polygamy

As some of you know, today was the day on which both sides in the Sister Wives case were to file cross motions for summary judgment to establish whether the state’s criminalization of cohabitation is constitutional. This evening we have filed a roughly 80 page motion and brief challenging the anti-bigamy law on seven distinct constitutional and statutory grounds. Rather than file a summary judgment motion arguing the merits of constitutionality of the state law, however, the prosecutors have filed a declaration with the Court that they promise not to prosecute the Brown family for polygamy and have decided to end the investigation that has been ongoing for years. They further state that, in light of this lawsuit, they have adopted a new policy not to prosecute any plural family absent the commission of a collateral crime like child abuse. They are asking United States District Court Judge Clark Waddoups to dismiss the case in light of their concession and promise not to prosecute.

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Elizabeth Warren Admits She Claimed Minority Status . . . Then Faces Criticism Over Claim That She Was The First Nursing Mother To Take Bar

This morning three different law professors sent me this video of U.S. Senate Candidate and Harvard Law Professor Elizabeth Warren claiming to be the first nursing mother to ever take the bar exam. One of the professors, who is a liberal academic, noted that she knows that claim to be untrue from personal experience. However, as noted by Winnie Comfort of the New Jersey Judiciary (which administers state’s bar exam), the bar does not track nursing habits and women have been taking the New Jersey bar exam since 1895. This was not a claim to be a nursing Cherokee mother, but the question remains why Warren is making such controversial boasts when she has a great financial expertise record to run on. Worse still, Warren today admitted that she did in fact claim minority status at Penn and Harvard — after insisting that she was unaware of the claims.

Continue reading “Elizabeth Warren Admits She Claimed Minority Status . . . Then Faces Criticism Over Claim That She Was The First Nursing Mother To Take Bar”

Pom Wonderful: Recommended By One Out Of One Administrative Judge

The lawyers for juice maker Pom Wonderful appear to have found a way to make lemonade from a lemon. After the company was hit by a largely negative ruling by Administrative Judge D. Michael Chappell over false advertising of the health benefits of his product, the company used lines from the opinion as part of its new advertising. Many have complained that the selective quotation is misleading. Whatever the accuracy, it is a move that will not go over well with Chappell or other judges.

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Justice Department Clears Its Own Lawyers Of Intentional Misconduct In Stevens Prosecution

The U.S. Justice Department again showed how its protects its own in scandals involving government lawyers. The DOJ has long been notorious in refusing to seriously punish its own lawyers for wrongdoing while pushing the legal envelope on criminal charges against others. The slightest discrepancy in testimony or omission in reporting can bring a criminal charge from the DOJ. The DOJ is particularly keen in finding intentional violations or substitute for intent in federal rules — bending laws to the breaking point to secure indictments. However, when its attorneys are accused of facilitating torture or lying to the court or withholding evidence, the general response is a long investigation and then a slap on the wrist. This week is no exception. Waiting until late Thursday to inform Congress to guarantee a low media coverage, the DOJ announced that it had found no intentional violations by its attorneys in the failed prosecution of U.S. Senator Ted Stevens — despite the contrary finding made by an independent investigation. Instead, the investigation again offered rhetorical punishment as a substitute for true punishment — declaring that the attorneys were only guilty of “reckless professional misconduct.” As a result, Joseph Bottini will be suspended for only 40 days and James Goeke will be suspended for 15 days. Even that level of punishment is viewed as noteworthy for the DOJ given its prior history of whitewashing misconduct by its attorneys. Even the finding of misconduct and brief suspension was contested within the department by Terrence Berg, a lawyer with the department’s Professional Misconduct Review Unit.

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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.

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