Category: Politics

Congress, Constitutional Law, International, Politics, Society

DOJ Memo: Obama Administration Claims Broader Authority To Kill Americans

PresObamaWe have previously discussed the President’s “kill list” policy under which Obama claims the right to be able to kill any American based on his sole judgment and discretion. A confidential Justice Department memo now sheds more light on that policy and states a broader basis for such killings than previously suggested by the Administration. It is also not clear why this memo was kept secret by the Administration since it deals only with legal interpretations — not classified operational information.

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Academia, Bizarre, Politics, Society

Prince George’s School Board Considering Claim of Copyright Over All Work Produced By Students and Teachers

250px-PGCPS_Logo_2011220px-Finger_PaintingWe have had a running discussion of the expansion of copyright and trademark laws in this country. Now, the Prince George’s County Board of Education is moving toward claiming copyright to work created by staff and students that would include everything from a teacher’s lesson plan to a toddler’s finger painting project. This would make the county the first to claim such ownership over the work of students and teachers. It is part of the ever-expanding balkanization of work in this country into propriety material — backed up by draconian civil and criminal penalties.

Continue reading “Prince George’s School Board Considering Claim of Copyright Over All Work Produced By Students and Teachers” →

Constitutional Law, Courts, Criminal law, Justice, Lawyering, Politics, Society, Supreme Court

Privatized Prisons a Bad Idea Gets Worse

Submitted by: Mike Spindell, guest blogger

HK_Central_Statue_Square_Legislative_Council_Building_n_Themis_sI don’t usually hold with simplified solutions to certain problems we all face but one comes to mind based on an article I read just now. A reasonable person should vote against any, I mean ANY, politician who has done, or is willing to do anything positive towards continuing the practice of privatizing the prison system on any level of government. From a standpoint of our Constitution I believe that the concept violates it, in spirit, if not in fact. From a fiscal point of view I believe that there is no cost effectiveness in privatizing a prison system. From an ethical position I believe that punishment by our criminal justice system is a government function and can not be given to private contractors without abuses coming. Finally, from a humane standpoint I believe that running a prison on a for-profit basis will never live up to the standards of humane treatment even the worst of prisoners deserve. The institution of a private prison system is a call for corruption just as in the case of the two Pennsylvania Judges convicted of wrongly accepting bribes to sentence minors to a private prison run for minors. This was the infamous “Kids for Cash” case which resulted in prison for these venal, loathsome jurists. http://en.wikipedia.org/wiki/Kids_for_cash_scandal I believe that cases and corruption such as this are the inevitable result of prison privatization and I believe that we are going to see more and more of it today.

The article which appears in today’s Huffington Post is titled: “Lake Erie Correctional Institution, Ohio Private Prison, Faces Concerns About “Unacceptable” Conditions”. The issues discussed in this brief article highlight all that I think is wrong about maintaining a privatized prison system and about the abuses that spring naturally from the concept. The article even touches on why the initial cost benefit put forth by private companies and by the politicians they convince to back their idea, is unreal and actually leads to greater expense on borne by the government and its citizens. Continue reading “Privatized Prisons a Bad Idea Gets Worse” →

Academia, Free Speech, Politics

Threat To Academic Freedom At Brooklyn College

-Submitted by David Drumm (Nal), Guest Blogger

Brookllyn_College_LogoThe Political Science Department at Brooklyn College voted to co-sponsor a forum on the BDS (Boycott, Divestment, Sanctions) movement. The BDS movement claims to be a campaign “to stop Israel’s rapacious occupation, colonization, and apartheid against the Palestinian people.” The all-but-unknown BDS movement has gained no traction in the U.S., but thanks to Harvard law professor Alan Dershowitz, it has achieved a new amount of publicity.

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Academia, Congress, Constitutional Law, International, Justice, Media, Military, Politics, Society

Why “They” Hate Hagel and American Mythology

Submitted by: Mike Spindell, guest blogger

Chuck_Hagel_official_photoFormer Senator Nebraska Chuck Hagel has been nominated by President Barack Obama as Secretary of Defense. Conventional wisdom would no doubt be that Hagel would have an easy path to the position. Hagel, a twice wounded Viet Nam War Sergeant and self-made millionaire, was elected to the Senate in 1996. His charismatic personality and blunt talk allowed Hagel to rise quickly within the Senate Republican hierarchy and his voting record was considerably conservative. He had a “a lifetime rating of 84 percent from the American Conservative Union and consistent A and B grades from the National Taxpayers Union “ http://en.wikipedia.org/wiki/Chuck_Hagel Initially had few misgivings about attacking Iraq, but supported the war and George W. Bush’s prosecution of it. By 2007 though, Hagel’s misgivings had turned into opposition to the war and he was one of three Republican Senators who voted for a failed resolution that would have ordered the withdrawal of American Troops within 120 days. Chuck Hagel’s clarity on Iraq extended to opposition to the morass in Afghanistan as well. Continue reading “Why “They” Hate Hagel and American Mythology” →

Constitutional Law, International, Military, Politics, Society

Propaganda 101 Supplemental: Child’s Play
"Cuckold me? I've got you now, Mailbu Ken!"
“Cuckold me? I’ve got you now, Mailbu Ken!”

by Gene Howington, Guest Blogger

One of the key concepts of advertising is “get ’em while they’re young”. Building brand loyalty in a child can make for a lifelong customer. The same adage applies to propaganda. Young minds are impressionable. There was valid psychology behind the Nazi’s formation of the Hitler Youth. Just so, there is valid psychology behind the production of war toys. When you teach children that American military might is always right (as well as hours of fun!) and that violence is not only an acceptable but the preferred method of dispute resolution, they are getting the message. You don’t see a lot of “Ambassador” or “Diplomat” toys. The G.I. Joe toys and plastic Army men of my youth were little more than jingoistic bits of plastic designed to give children the chance to vicariously be a “real American hero” without the trauma psychological and physical that we all eventually learn usually accompanies being an actual war hero in real life.
Continue reading “Propaganda 101 Supplemental: Child’s Play” →

Bizarre, Criminal law, Media, Politics, Society, Torts

Twenty-Five Years Later, Tawana Brawley Tracked Down In Virginia And Hit With Roughly $500,000 Bill

250px-al_sharpton_by_david_shankboneTbrawleyWe have periodically discussed the infamous case of Tawana Brawley and Al Sharpton, now a MSNBC host. In 1987, Brawley, a black teenager, falsely accused a prosecutor, a New York police officer and a state trooper of a racist attack and rape. The racial animus was fueled actively by Al Sharpton who sued the case to propelled himself into national fame or infamy. She later recanted and a court ordered damages to be paid by both Brawley and Sharpton — neither of whom paid. Now the falsely accused former Dutchess County prosecutor Steven Pagones has tracked down Brawley living in Virginia and working as a nurse. It is 25 years after the sordid affair was in the national spotlight. He is seeking $190,000 in damages against Brawley, now 40. She is now beginning to pay back the amount due to Pagones.

Continue reading “Twenty-Five Years Later, Tawana Brawley Tracked Down In Virginia And Hit With Roughly $500,000 Bill” →

Bizarre, Politics, Society

Beyoncé’s Othello Moment: It Was Not That I Did Not Care, I Cared Too Much

220px-Beyonce_Knowles_with_necklacesI know that many people are not bothered by the lip-syncing of the national anthem at the Inauguration — or at least not as much as some of us. I must confess that I am still ticked about the deception at a ceremony with a great deal of symbolism for the country’s democratic traditions. For constitutionalists, the ceremony represents the fulfillment of our commitment to peaceful transfers of power. For that reason, I was less than thrilled with Beyoncé’s effort (after weeks of silence) to rehabilitate herself at a press conference yesterday. Her public relations people appear to have read Othello and adopted the defense that Beyonce is not lazy or spoiled but “one that lov’d not wisely but too well.”
Continue reading “Beyoncé’s Othello Moment: It Was Not That I Did Not Care, I Cared Too Much” →

Bizarre, Constitutional Law, Politics, Society

Cornerback or Throwback? 49ers Player Culliver Strikes Out Against Gays

460px-49ers_Logo.svgI would expect that of all of the NFL teams to espouse homophobic views, the San Francisco 49ers would probably be the least receptive forum. That did not appear to deter 49ers cornerback Chris Culliver who raged against gays in the locker room just days before Super Bowl XLVII. In contrast, Ravens player Brendon Ayanbadejo has used the Superbowl to advocate the rights of same-sex couples. (Conversely, Ravens center Matt Birk came out opposing equal rights for gays in marriages). Suddenly, the Superbowl has become a debate on gay and lesbian rights.

Continue reading “Cornerback or Throwback? 49ers Player Culliver Strikes Out Against Gays” →

Courts, Criminal law, Politics, Society

The Obama Administration’s Inspector Javert: Federal Court Rejects Forfeiture Effort By The Office Of Carmen Ortiz In Stinging Rebuke

Carmen-Ortiz-144x150We previously discussed the ignoble role played by U.S. Attorney Carmen Ortiz in the prosecution of Aaron Swartz, who committed suicide after being relentlessly pursued by her office in a questionable prosecution. As critics around the world questioned her methods and judgment, Ortiz issued a less than credible defense of the case. Now her office is again the subject of allegations of excessive prosecution of a small motel owner where her staff sought to seize his property.

Continue reading “The Obama Administration’s Inspector Javert: Federal Court Rejects Forfeiture Effort By The Office Of Carmen Ortiz In Stinging Rebuke” →

Bizarre, Criminal law, International, Lawyering, Politics, Society

Dead Men Don’t Blow Whistles: Russians Prosecute Dead Lawyer

220px-Sergei_Magnitsky225px-Vladimir_Putin_official_portraitVladimir Putin has worked hard to maintain his carefully constructed image of a macho authoritarian figure, including sending away the members of Pussy Riot for speaking out against him and his alliance with the Russian Orthodox Church. However, he continues to distinguish himself among budding dictators. For example, anyone can prosecute whistle-blowing lawyers. China continually does it. Iran does it. However, Russia is prosecuting a whistle-blowing lawyer after he died. Now that is a tough guy.

Continue reading “Dead Men Don’t Blow Whistles: Russians Prosecute Dead Lawyer” →

Politics, Uncategorized

De Laudibus Stultitiae: An Open Letter to Rep. Paul “Skip” Stam

By Mike Appleton, Guest Blogger

Dear Rep. Stam:

Two days ago I came across a story in The Huffington Post concerning your co-sponsorship of a bill to prohibit the sale of lottery tickets to North Carolinians who are bankrupt or on welfare.  Since I am certain that your proposal will generate a great deal of criticism in the liberal media, I am writing to lend my support to your idea and to commend you on your political courage.

As we all know, the misuse of welfare assistance is widespread.  In my state of Florida, Gov. Rick Scott attempted to address the problem by securing passage of a bill mandating drug testing of welfare applicants, only to have the will of the people thwarted through an injunction issued by an activist federal judge.  There always seem to be corrupt forces opposing efforts to prevent our tax dollars from supporting drug addicts and gamblers. Continue reading “De Laudibus Stultitiae: An Open Letter to Rep. Paul “Skip” Stam” →

Congress, Criminal law, Justice, Politics, Religion, Society, Uncategorized

The War on Women Continues in Ohio

Flag_of_Ohio_svg

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

Last week we read Prof. Turley’s article concerning a bill proposed in New Mexico that attempts to make it unlawful for a rape victim to have an abortion because it would be akin to destroying the “evidence” of the rape claim.  While that bill is an insult to women and right thinking men everywhere, I submit that it is further evidence that the longest “war” on record, is still going strong in this country.  One of the most controversial examples of how women in general and rape victims in particular,  can be turned into the criminals by the public and even the police and prosecution is the case of an alleged gang rape in August, 2012,  in Steubenville, Ohio.

The victim was a 16-year-old girl who after passing out at a party from drinking and/or date rape drugs was allegedly repeatedly raped and abused by members of the Steubenville Big Red football team. The details of what the victim endured are both heartbreaking and disgusting.  I apologize in advance for the lurid details, but they are necessary to fully understand how egregious the attacks were and how egregious the post crime attacks on the victim and her family were. Continue reading “The War on Women Continues in Ohio” →

Politics, Society

If You Ain’t Cheating, You Ain’t Trying: Virginia Republicans And The Jarring Demographics of Desperation [UPDATED]

By Mark Esposito, Guest Blogger

The Quake of 2012

earthquake We had a  big earthquake in Virginia last November. No,  not the famous one about a year earlier that almost swamped poor Louisa County and  rattled walls all the way to Washington, D.C.  This one was political not seismic and it sent Barack Obama back into the White House for round two of a historic presidency. Once a reliably Red State, the Oldest of American Dominions and former Capitol of the Confederacy hadn’t voted for a Democratic candidate for President since ol’ “Put a Missile in the Kremlin Bathroom” Barry Goldwater scared his way out of  the 1964 election to molasses-mouthed Texan, LBJ.  2008 seemed to break the trend, but the close election was explained away  by Virginia Republicans as a sort of a once in a lifetime reaction to the nation’s first viable African-American presidential candidate  and some incredibly magnificent missteps by John McCain. Read that as picking Sarah Palin and the senator’s disjointed response to the fiscal crisis.

Continue reading “If You Ain’t Cheating, You Ain’t Trying: Virginia Republicans And The Jarring Demographics of Desperation [UPDATED]” →