Category: Politics

Criminal law, Politics, Society, Torts

Utah Considering Placement Of Breath Test Devices Into Bars

By Darren Smith, Weekend Contributor

CocktailsUtah Legislator Greg Hughes is proposing a law he believes will address successfully some of the DUI incidents that happen within the state. The proposal is in the working stage and has been under several revisions but in essence the device would be installed in bars under incentives from the state so that bar patrons may use the device to test their sobriety levels so that they may make informed choices on whether to drive or not. The measure includes an immunity from civil and criminal liability on bar owners if a customer’s breath alcohol level is high and the customer drives away and the data would not be available to law enforcement to provide a hesitation free attraction.

While the goal of the device is certainly laudable, could the devices be counter productive as indicated by experience with law enforcement breath test devices and their shortcomings?
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Constitutional Law, Criminal law, Free Speech, International, Justice, Politics, Religion, Society

International Humanist And Ethical Union Publishes Comprehensive Global Report On Athiest and Non-Religious Rights

Submitted by Darren Smith, Weekend Contributor

Humanist EmblemWhile many, primarily Islamic, countries have received much press regarding flagrant abuses of religious and non-religious persons or views, seven of which have death penalty offenses for crimes such as apostasy, the true impact for most of the worlds citizens are not as stark but can be often a suffer a form of punishment, repression and imprisonment of some kind for their beliefs.

The international Humanist and Ethical Union published a broad and comprehensive study of world governments listing laws, social constraints, and customs of government for nearly each nation. The study provides a deep insight into how even subtle restrictions on atheists and subscribers to differing religions or non-religions can have a chilling effect on the expressions of their citizens and it is often this subtlety that can become a form of suppression of dissent in surprising areas.
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Congress, Constitutional Law, Media, Politics, Society

United States Drops To 46th in Press Freedoms Under Barack Obama

President_Barack_ObamaWe have previously discussed the attack of President Obama on press freedom. As with the comprehensive attack on privacy, there has been little outcry from Democratic or liberal voters to the placing of journalists under surveillance or the treatment of reporters as potential criminals for receiving information from whistleblowers. Even those who express disappointment have not let these policies alter their continued support for the Administration. Many simply buy the White House argument that the other guys are worse. Well, international groups view the matter a bit more objectively and this month released a report that should be an utter embarrassment for every American. The United States — once the world champion of press freedoms — have called to forty-sixth in the world, according to the World Press Freedom Index. The drop is tied directly to the anti-media policies of President Obama.

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Congress, Constitutional Law, Free Speech, Politics, Religion

Alabama Legislator Moves To Make Prayer Mandatory In Public Schools

praying_hands[1]hurst_sIt appears that Alabama legislators want to trigger yet another legal challenge to the ban on prayer in public schools. A new piece of legislation introduced by Rep. Steve Hurst, R-Munford would require teachers to read a prayer every day. However, this bill has an interesting twist: it would have the teachers pick a prayer given in Congress. The point is obvious that if such prayers are permissible in one government setting, it must be permissible in this public setting. That assumption is misplaced and the timing for the bill may be as ill-conceived as its constitutional interpretation. There is a pending case dealing with legislative prayer before the Court and this controversy will only remind justices that the legislative prayer cases may collide with school prayer cases unless it draws a clear line in the constitutional sand. This however is an improvement for Hurst who has moved on to prayer from his prior interest in castration.

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Criminal law, Media, Politics, Society

The Big [Not-So] Easy: Nagin Convicted on 20 Out of 21 Counts

225px-Nagin2June2006PrisonCellEven as a former resident of New Orleans who truly loves the city, I have been a long critic of Nagin who I met a number of times through the years. I was mystified and irritated by the failure of the voters to toss out Nagin from office after his shameful performance during the Katrina disaster. Nagin was widely ridiculed for his virtual absence during the disaster as he stayed in his hotel room overlooking the city. Moreover, the national media fawned over the young, handsome mayor even as he made unhinged comments and pranced around like a prima donna. In the meantime, Nagin set out to profit from the disaster both politically and personally. Nevertheless, the voters of New Orleans reelected one of the worst mayors in the country as they sought federal funding for disaster relief. He is now a convicted belong after a jury found him guilty on 20 of 21 federal corruption counts, including bribery. It is one of the least surprising legal stories of the decade. His conviction should cause some in the Democratic party, in the media, and particularly among the voters of New Orleans to consider their own complicity in enabling this corrupt, narcissistic politician.

Continue reading “The Big [Not-So] Easy: Nagin Convicted on 20 Out of 21 Counts” →

Environment, International, Politics, Society

Refinery Told Not To Dump Pollutants Into Great Barrier Reef . . . Refinery Does So Anyway But Faced No Civil Or Criminal Penalties

220px-Clive_Palmer,_December_2012,_cropped220px-Blue_Linckia_StarfishThere are few areas as beautiful or as fragile as the Great Barrier Reef. however, Queensland Nickel refinery, owned by MP Clive Palmer, wanted to discharge huge amounts of toxic wastewater into the Great Barrier Reef marine park. Two interesting additional factoids: first, they were repeatedly told not to and second, when they did it anyway, government officials decided not to bring any civil or criminal charges against the company.

Continue reading “Refinery Told Not To Dump Pollutants Into Great Barrier Reef . . . Refinery Does So Anyway But Faced No Civil Or Criminal Penalties” →

Constitutional Law, Criminal law, Politics, Society

Eight Police Officers Fire 103 Times At Two Unarmed Women Delivering Newspapers . . . Commission Rejects Calls For Any Officer To Be Fired Or Even Suspended

Lapd_badge220px-Christopher-jordan-dorner.nWe recently discussed the decision by the Los Angeles district attorney not to charge officers who shot up a vehicle of an innocent man because they were acting in “an atmosphere of fear and extreme anticipation.”Officers were on edge in the search for cop-killer Christopher Dorner (right). We now have a decision in the shooting that proceeded the McGee case where eight Los Angeles police officers fired over 100 times. Margie Carranza, then 47, was cut by flying glass while her then 71-year-old mother, Emma Hernandez was shot in the back. You guessed it. No one will be fired or even suspended.

Continue reading “Eight Police Officers Fire 103 Times At Two Unarmed Women Delivering Newspapers . . . Commission Rejects Calls For Any Officer To Be Fired Or Even Suspended” →

Constitutional Law, Politics, Religion, Society

Fourth Circuit Declares North Carolina’s “Choose Life” License Plate Is Unconstitutional

121112_an_plate2_640The United States for the Fourth Circuit has ruled that North Carolina’s “Choose Life” license plates are unconstitutional since the state has rejected the alternative pro-choice plates from citizens like “Respect Choice.” It is an important and clearly well-founded decision by Judge Wynn in Aclu of N.C. v. Tata, 2014 U.S. App. LEXIS 2573. The case was an appeal from the United States District Court for the Eastern District of North Carolina and the earlier decision of Senior Judge James C. Fox, who ruled in favor of the Plaintiff.

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Bizarre, Congress, International, Politics

Bundled or Bungled? Obama Nominates Major Donor As Ambassador To Argentina Who Has Never Even Visited The Country

President_Barack_ObamaUnknownPresident Obama has continued the practice of selling ambassadorship off to wealthy friends and donors — a practice that many used to denounce during Republican administration but has been dismissed with a shrug in this Administration. I have long been critical of the practice which places a president’s and a party’s interest ahead of that of the nation. I was at a dinner party a few years ago where an Obama donor spoke openly how the White House gave him an ambassadorship and he decided to just give it to his wife who he said is delighted that she is now called “ambassador” wherever she goes. As discussed this weekend, donor Noah Bryson Mamet has been nominated for ambassador to Argentia but has never even visited the country. This follows an embarrassing hearing with Obama bundler George Tsunis, who was nominated for ambassador to Norway. Tsunis showed as striking lack of knowledge of that country.

Continue reading “Bundled or Bungled? Obama Nominates Major Donor As Ambassador To Argentina Who Has Never Even Visited The Country” →

Academia, Politics, Science, Society

Ayes and Nayes [and Neverminds]: Iowa Study Questions Value Of Voice Votes

booIn 2012, we discussed the embarrassingly transparent decision of the Democratic Party leadership to simply ignore the vote of the 22,000 delegates to refuse controversial changes to refer to Jerusalem as the capital of Israel and add a reference to God. The move was viewed as necessary to secure Jewish votes and appeal to religious voters. The delegates however opposed on repeated voice votes — well short of the needed to two-thirds of the delegates. As shown in the video, in calling for a voice vote, the leadership was shocked and called for a new vote that came out the same way. The leadership just declared the vote as having passed by two-thirds acclamation. It was an embarrassing but telling moment for those who view the two parties as controlled by a small elite group of self-serving power brokers. Now, researchers at the University of Iowa in Iowa City have concluded that voice votes may not only politically but practically useless despite Robert’s Rules of Order.

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Congress, Politics, Society

Soap Opera Diplomacy: The U.S. Government Continues To Field Unqualified Ambassadors Who Were Once Large Election Fundraisers

Submitted by Darren Smith, Weekend Contributor

"To the victors belong the spoils" A. JacksonRecent nominations highlight the continuing spoils system of politicians returning favors for fundraising. A few appointments highlight this practice has not ended. Appointing the unqualified to the diplomatic service on the mere reward for political fundraising raises the question of importance our government places on foreign policy between the United States and other Nations. Some recent appointments highlight the fact that diplomatic credentials are not necessarily the most important criterion. Continue reading “Soap Opera Diplomacy: The U.S. Government Continues To Field Unqualified Ambassadors Who Were Once Large Election Fundraisers” →

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

All In a Day’s Work

220px-Houston_Gun_Show_at_the_George_R__Brown_Convention_Center

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

On February 7th, 2014, the sad reports were compiled from the deadly day before.  On Thursday, February 6th, at least 24 people were shot and 14 of them were killed.  Two of the dead were small children.  The shootings and killings were from cities and towns all across the country.  A 17 month old girl was accidentally shot by her 3 year old brother in North Carolina.

A 13-year-old was accidentally shot and killed while playing with a shotgun in the state of Washington.  In Seattle, Washington, a man was shot and killed by a fellow tenant.  A man in his 30’s was shot several times and critically wounded in Owasso, Oklahoma.  A 18 year man was shot and killed at his uncle’s home in South Carolina.  These and others were all wounded or killed by gunfire on February 6th, 2014.  Just one sad day out of many. Continue reading “All In a Day’s Work” →

Congress, Criminal law, International, Politics

House Members Renew Call For The Capture Of Snowden As “Traitor” and Spy

228px-Picture_of_Edward_SnowdenMembers of Congress are shocked, shocked this week. No this Claude Rains moment was not over the hundreds of billions spent on unpopular wars or the creeping economy or the evisceration of civil liberties in America. No, that stuff is just fine. What had members struggling in front of reporters to avoid being sick in the halls of Congress was Edward Snowden. Yes, it is the latest classified hearing and the latest unclassified outrage to convince Americans that it is Snowden that they must fear despite polls saying that Americans fear their own government as much or more than terrorism. Thus, House Armed Services Committee members left the meeting and called again for Snowden to be captured and thrown in prison for life, if not executed. I previously wrote a column that a strong argument could be made for a presidential pardon, but the renewed effort to turn public opinion likely reflects a growing international view of Snowden as a whistleblower.

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Bizarre, International, Media, Military, Politics

Test of Courage or Simply Good Taste? CNN Issues Apology Over Monumental Criticism

filename-img-1649-jpgCNN has issued an apology for a story that ran this week calling the famous “Courage” Monument in Brest, Belarus “the world’s ugliest monument.” Not to be outcome on the stupidity scale, Russian Senator Igor Morozov has proposed a temporary ban on CNN (I guess until their tastes change in conformity with state demands). I do not happen to agree that such memorials should be immune from artistic or architectural criticism. Indeed, I have criticized some of our own memorials. However, I was most struck the harsh critique. I find the memorial to be refreshingly different from the usual flaming torch or sword. CNN however appears to have taken down the story, which raises concerns over withdrawing a piece due to unpopular opinions. I happen to disagree with the author, but what is the standard for post-publication deletion of opinion pieces? This was not racist or sexist or even categorically false. It was an opinion.

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Courts, Lawyering, Politics, Society

Judge In Amanda Knox Trial Under Investigation For Post-Verdict Comments

foxy-knoxy-machine-gunThe recent trial of Amanda Knox has highlighted serious flaws in the Italian legal system ranging from shoddy investigatory standards to sentence aggravators based on defense arguments (implication other parties) to criminal penalties for defaming the police or prosecution. While we often discuss the flaws in our own system, the Knox litigation has been an embarrassment of legal process. However, the system does apparently police misconduct by judges in public statements, an area of recurring concerns in this country by justices and http://jonathanturley.org/2013/05/07/judge-in-casey-anthony-case-publicly-proclaims-his-belief-in-her-guilt-and-dishes-on-case/ alike. Florence judge Alessandro Nencini made comments after the trial on the defendants and defense strategy that has triggered not only an investigation but raised new defense arguments for reversal.

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