Category: Politics

Bizarre, Congress, Constitutional Law, Courts, Criminal law, International, Justice, Lawyering, Military, Politics, Science, Society, Supreme Court

The Chemistry of Revenge: Bond v. U.S. – A Study In The Carpenters And Treaties

By Mark Esposito, Weekend Guy

130227203059-supreme-justices-horizontal-galleryCarol Anne Bond was overjoyed to learn that her best friend, Myrlinda Haynes, had become pregnant. That joy was short-lived when she learned that the father was none other than her husband,Clifford Bond. The Philadelphia woman embarked on a course of revenge that would result in federal charges for deploying chemical weapons and a trip to the United States Supreme Court. Passed in 1998,  the Chemical Weapons Convention Implementation Act, enabled Congress to enforce the terms of an  international treaty banning deployment of some chemical weapons. Taking advantage of that law, federal prosecutors charged Bond with obtaining two chemicals which together or separately could have killed her pregnant rival.

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Constitutional Law, Courts, Politics, Society

Marijuana Retailer Sues City Of Wenatchee, Washington After Denial Of Business License

By Darren Smith, Weekend Contributor

Entreating the GodfatherIn a new twist to the bureaucracy retailers in the fledgling retail marijuana business in Washington face, the City Council of Wenatchee has denied a business license to a retailer approved by the State Liquor Control Board, which regulates the industry, to begin setting up shop.

Shaun Preder, an owner on behalf of SMP Retail, LLC last Tuesday filed a lawsuit against the city in Chelan County Superior Court seeking declaratory and injunctive relief for prohibition of plaintiff’s right to sell marijuana. The declaratory relief sought is for the court to find that the city’s prohibition violates state law codified in RCW 69.50.608 and Article XI Section 11 of the Washington Constitution.

If the city elects to litigate the case there could be ramifications throughout the state and possibly others where recreational marijuana is legal.

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International, Politics, Society

European Central Bank Introduces The Negative Interest Rate

399px-Logo_European_Central_Bank.svgThings just keep getting rougher for average citizens in Europe. Some have faced government seizure of accounts to help fund government operations and requirements that they explain withdrawals to their banks. Now, the European Central Bank (ECB) is imposing a negative interest rate on banks for their deposits. So, you can keep your money under your mattress or put it in a bank where the bank will use it to earn money while charging you for the pleasure. This is of course the central bank which directly relates to individual banks as opposed to individual depositors. Those banks will now pay to park their money and those costs will be passed along to depositors. Banks are likely going to try to hide the fact that the interest rate is now negative through fees and other measures.

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Lawyering, Politics, Society

General Motors Fires 15 Employees After Internal Report

150px-General_Motors.svgI previously wrote on the scandal at General Motors (GM) over its lethal defect in the ignition switch on various models. Now General Motors has fired 15 employees and disciplined five others after an internal investigation by attorney Anton Valukas. The move raises some interesting litigation issues going forward in the controversy with both civil and criminal elements.

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Criminal law, Politics, Science, Society

Legal Pot Sales Soar Nationally As Colorado Reports Continuing Increase In Sales And A Decrease In Crime

220px-Cannabis_sativa_leaf_Dorsal_aspect_2012_01_23_0830There is a statistic that I ran across today that I found quite remarkable. Legal cannabis sales in the United States are expected to reach as high as $2.57 billion this year. That is only the sales for medical marijuana in the 21 states allowing its sale. At the same time, Colorado is reporting a continuing increase in legal marijuana sales with $19 million in recreational pot sale for March — up from $14 million from February. The figures reveal the greatest challenge for opponents. As revenues and experimentation increases, there will be greater pressure for legalization. Businesses are likely to take note of a 2.5 billion dollar industry that has taken hold even with the limitations of medical marijuana and less than half of the states participating. Both the money and the public response appear to be moving in favor of the legalization movement.

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Academia, Environment, Politics, Religion, Science, Society

Gallup: Forty-Two Percent Of Americans Reject The Concept Of Evolution In Humans

sisteen chapel ceilingGallup has released a new poll that shows that Americans still reject the concept of evolution of humans in high numbers. Indeed, twice the number of Americans believe that humans were created by God in their current image than there are those who believe in natural evolution. Indeed, those 42 percent believe that man was created by God in the last 10,000 years. That is a considerable difference even if you focus only on anatomically modern humans which appeared in the Middle Paleolithic period about 200,000 years ago. For those who believe in the science behind evolution, the news is not all bad. Nineteen percent believe in evolution without divine involvement while another 31 percent believe that there was evolution from “less advanced forms of life” but that God directed that process. That is fifty percent. Of course, that does appear to leave eight percent that is still . . . well . . . evolving.

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Academia, Congress, Constitutional Law, Courts, Criminal law, Lawyering, Politics, Society

Federal Judge Stops Expulsion Of Duke Student Over Lack of Basic Due Process In Alleged Sexual Assault Case

Unknown-2I 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.

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Academia, Congress, Politics, Society

A Piece of The Pi: New York Artist Claims Trademark To Symbol π

140px-pi-symbolsvgWe 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.

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Academia, Politics, Society

Michigan Teacher Suspended For Showing Video On Segregation And The Use of Black Face

JimCrowThere 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).

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Congress, Constitutional Law, International, Military, Politics, Society

President Obama Trades Al Qaeda-Linked Taliban Leaders For Release of American Soldier

President_Barack_Obamaarticle-2644788-1E5CCBF900000578-994_634x541The 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.

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Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Media, Politics, Religion, Society

Sudan Foreign Ministry States Christian Woman Sentenced To Death For Apostasy Will Be Freed

By Darren Smith, Weekend Contributor

meriam-yehya-ibrahim-apostasy-sharia-law-sudanAfter 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.

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Congress, Criminal law, Justice, Politics, Society

House of Representatives Votes To Stop Federal Prosecutions Against Medical Marijuana

By Darren Smith, Weekend Contributor

the-thin-line-of-medical-marijuanaThe 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.

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Criminal law, Politics, Society

Missouri Moves To Create Its Own Lethal Drugs After Companies Refuse To Supply Execution

kosterchris_thumb220px-SQ_Lethal_Injection_RoomStates 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.

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Courts, Lawyering, Politics, Society

Benched: Third Broward County Judge Arrested For DUI

rosenthal-judge-thumb-200x200fl-judge-gisele-pollack-dui-arrest-20140502-001Broward 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.

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Congress, Constitutional Law, Courts, Criminal law, International, Justice, Lawyering, Media, Military, Politics, Society

Kerry To Snowden: “Man Up and Come Back to the United States.”

220px-John_Kerry_official_Secretary_of_State_portrait220px-Landsdowne_HeraklesWe 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.

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