I have previously written about my concerns over the elimination of basic rights of due process at universities for students accused of sexual assault or harassment under pressure from the Obama Administration. That pressure continues to build this year with the Obama Administration investigating dozens of universities and threatening to take away federal funds if they do not remove certain protections under their rules of adjudication. Now a North Carolina judge has issued a rare order enjoining Duke University from expelling a male student, Lewis McLeod, who was accused of raping a female freshman. The concern over the lack of due process afforded the accused is of course a continuation of the criticism of Duke over its handling of the infamous Duke lacrosse team case. I have previously written about my view that Duke abandoned not just those students but any sense of due process or fairness in joining the mob accusing them of raping a stripper.
Category: Politics
We have long discussed the insane evolution of trademark and copyright laws. Now a New York artist Paul Ingrisano, aka “Pi Productions Corp” of New York is claiming that he holds the trademark to symbol π.—pi followed by a period—a design. It is the perfect irrational trademark claim for the ultimate irrational number.
Continue reading “A Piece of The Pi: New York Artist Claims Trademark To Symbol π”
There is a troubling case in Michigan where Alan Barron, a public school teacher at Monroe Middle School, has been suspended for teaching an eighth grade class on racial segregation and discrimination that included a video discussing how white entertainers would once use black face paint. The lesson by Barron, 59, also included discussions of Jim Crow. While the notion of academic freedom is different in elementary and middle schools than on the graduate level, it is still troubling to see such a suspension reportedly based on the simple depiction and discussion of such forms of discrimination. There is no indication that Barron was doing anything more than showing the practices, which are still commonly referenced in books and even contemporary politics. Indeed, we continue to see cases involving black face arise and this lesson gave students background understandings of such controversies. (He has now been reinstated).
The release of Army Sgt. Bowe Bergdahl, the only American soldier held captive in Afghanistan, has been a source of celebration but also concern in Washington. While the country has long insisted that it would not negotiate with terrorists, it seems like it has been doing precisely that for years in working out a trade that ultimately led to the release of five Taliban leaders. More importantly, federal law requires notice to Congress some 30 days before a release of a detainee from Guantanamo Bay — another federal provision that the White House appears to have simply ignored in a unilateral act. I am scheduled to discuss the case on CNN on Monday morning.
By Darren Smith, Weekend Contributor
After an international outrage and widespread condemnation following the death sentence of a pregnant, Christian Sudanese woman accused apostasy and adultery for her marriage to a Christian man, the Sudanese Government has publicly stated it would instead release Meriam Yehya Ibrahim from custody.
BBC News reports that Abdullahi Alzareg, an under-secretary at the foreign ministry, said Sudan guaranteed religious freedom and was committed to protecting the woman who was to be release in a few days.
By Darren Smith, Weekend Contributor
The United States House of Representatives passed a bill preventing federal prosecutions against patients who use prescribed marijuana and cultivation where it is legal in the various states. If passed by the Senate and signed by the President it would mark a profound reversal in federal marijuana policy.
The House voted 219-189 in favor to an amendment of an appropriations bill. The amendment strips the Department of Justice of all funds for enforcing marijuana laws in states where medical marijuana is legal. This would not only include the Drug Enforcement Agency (DEA) but all other agencies as well as DOJ prosecutions, theoretically if signed into law prosecutions already in process must halt as well. With the recent signature by Minnesota’s governor, twenty two states and the District of Columbia have medical marijuana statutes.
States have been struggling with a shortage of lethal drugs to use in execution after companies refused to supply products for the purpose of killing the condemned. This has led one state to move back toward firing squads and electric chairs. Missouri however has moved to directly confront the industry ban on drug sales for execution by going into the business itself. Missouri Attorney General Chris Koster proposed that the state “establish a state-operated, DEA-licensed laboratory to produce the execution chemicals in our state.” That would conceivably allow Missouri not only to supply its own execution drugs but to even supply other states.
Broward Circuit Judge Lynn Rosenthal (left) has been arrested for DUI after she not only alleged struck a car while driving drunk but it turned out to be a cruiser of the Broward County Sheriff’s Department. She is the third such judge in the county to be arrested. Last November, yet another Broward judge, Cynthia Imperato, was busted for DUI. Broward County Circuit Judge, Gisele Pollack (right) was arrested two weeks ago. Pollack’s case however raises an interesting issue. She has objected to a suspension under the Americans With Disabilities Act (ADA) and asked that she be placed on paid leave to overcome a “disease.” For the county citizens, the line of hammered (gaveled?) judges does not exactly instill faith in the court system.
Continue reading “Benched: Third Broward County Judge Arrested For DUI”
We previously discussed how terribly confused Hillary Clinton appeared in discussing National Security Agency leaker Edward Snowden. She just could not understand why he would not have trusted the government to deal with any problems or why he would not come back to the United States. Now, Secretary of State John Kerry is offering his own brand of macho advice to the kid: “man up and come back to the United States.” Sure leaders have called for him to be tried as a traitor and either incarcerated for life or executed. Sure, he is not guaranteed to see all of the evidence used against him or even be guaranteed a federal trial as opposed to a military tribunal. However, Kerry appears ready to give him an “attaboy” on his way to solitary confinement under Special Administrative Measures (SAMs) that cut off virtually any contact with the outside world.
Continue reading “Kerry To Snowden: “Man Up and Come Back to the United States.””
We have previously discussed the crackdown on pornography studios over the failure to use condoms in their filmmaking. I have previously expressed concern over such mandates as curtailing free speech principles while accepting that the public health rationale could well prevail in a court challenge. Now the California Assembly has approved a state law to require condom use in pornographic films produced in the state. It is the first such state law and could be subject to a challenge under the First Amendment. This is Democratic state Rep. Isadore Hall’s third attempt to pass such legislation.
There is an interesting case out of Canada where a prominent lawyer, Kristine Robidoux of Calgary, has been suspended after she admitted that she was the source of negative disclosures regarding Arthur Kent — a former reporter known as the “Scud Stud” who was running for the Alberta Legislature. Robidoux had served as volunteer counsel to the campaign and supplied information confidentially to Canwest columnist Don Martin for an article entitled “Alberta’s ‘Scud Stud’ a ‘Dud’ on Campaign Trail.” Kent had received the nickname after reporting from a hotel during Iraqi Scud launchings against Saudi Arabia.
Continue reading “Prominent Canadian Lawyer Suspended In “Scud Stud” Case”
We have been following the continuing abuse of citizens who are detained or arrested for filming police in public. (For prior columns, click here and here). Despite consistent rulings upholding the right of citizens to film police in public, these abuses continue. One of the more recent cases comes from Concord New Hampshire where Carla Gericke was arrested for trying to videotape the police at a March 24, 2010, traffic stop of a friend. She sued that the charge of wiretapping violated her constitutional rights and, in a major rule, the United States Court of Appeals for the First Circuit held that she was entitled to a jury trial and was not barred by qualified immunity. The case is Gericke v. Begin, 2014 U.S. App. LEXIS 9623.
The courthouse in Lahore Pakistan was the scene of a shocking act of religious violence, even by the standards of the Middle East. The family of a pregnant woman stoned her to death in front of the courthouse in Lahore, Pakistan after she married a man against their wishes. This “honor killing” occurred when Farzana Parveen, 25, showed up to contest the abduction case filed by her family against her husband. The father had filed the case on the ground that their marriage was not approved by him and therefore was a case of abduction.
As many on this blog know, I often object to those who criticize our Constitution as a way of excusing their circumvention of civil liberties or the separation of powers. Some in the Bush Administration took that position in suggesting that our Constitution was somehow a contributor to the 9-11 attacks — in their push to pass the Patriot Act. President Obama seems to take up a similar lament to rationalize his repeated violation of the separation of powers in recent years. Obama raised the issue with donors to suggest that the Framers got it wrong in their design of Congress and Article I of the Constitution. Indeed, he appears to be a critic of the “Great Compromise” that gave small states an equal voice in the Senate. It is of course not his assuming legislative and judicial powers in the creation of what I have called an “uber presidency” that fundamentally changed our system. There is no real need for compromise of any kind in the new emerging model of executive power so it should not be a surprise that “Great Compromise” would appear particularly precious and unnecessary.
Continue reading “The Great Excuse: Obama Blames The Constitution For His “Disadvantage” And The Need To Circumvent Congress”
When FBI Special Agent Aaron McFarlane, 41, shot and killed an individual of interest in the Boston Marathon bombing operation, a few police officials were reportedly confused. McFarlane allegedly was collecting $52,488 a year in medical disability benefits under the California Public Employees’ Retirement System after an injury with the Oakland police. Yet, he appeared to be working as a FBI special agent. Oakland officials are reportedly investigating how such double dipping is possible for an officer who was relieved of duty “due to an illness or injury that is expected to be permanent or of an undetermined duration.” Not only have many asked how the FBI could hire an officer with a medial disability pension and a checkered past, but criticize the FBI over what was viewed as obstructive conduct during an investigation of the shooting.