Category: Society

Bizarre, Society

Brady Takes Heat For Using Kipling Poem In Tribute Tweet to Teammates

rudyard_kipling_portraittom_brady_2016It takes a lot to get me to support Tom Brady and the Patriots as a lifelong Bears fan.  However, there is a bizarre controversy after Brady posted a picture of his Super Bowl winning team with a quotation from Rudyard Kipling’s 1898 poem If on Instagram and Twitter.  That unleashed an outcry from some who denounced the poem as written by a racist.  Other said that, given Brady’s support of Donald Trump, the use of the poem was alarming.  Perhaps the critics should also consider another quote from Kipling: “I always prefer to believe the best of everybody, it saves so much trouble.”

 

Continue reading “Brady Takes Heat For Using Kipling Poem In Tribute Tweet to Teammates” →

Military, Society

“Now, After” A Short Story Of PTSD

By Darren Smith, Weekend Contributor

now-afterYesterday I discovered a touching and effective video bringing light to the many struggles and hauntings those afflicted with Post Traumatic Stress Disorder struggle with daily. It is not often the personal toils of these challenges are presented to the public in a manner other than academic or disaffected medical analyses but I found this video to be very engaging and while certainly difficult at times for most to watch, due to some very graphic imagery inherent with combat, I believe these depictions of violence and hardship are necessary to provide you with a sense of how gripping this injury can be on those so encumbered.

While the video presents PTSD as experienced through the thoughts and trepidation of an Iraq war veteran, it can in most ways be insightful to the same traumas causal to other manifests of the injury.

SSG Kyle Hausmann-Stokes, the video’s author, is due much credit for a presentation into the manner and effect of a PTSD injury. I invite you to share in his experiences…

Continue reading ““Now, After” A Short Story Of PTSD” →

Bizarre, Criminal law, Politics, Society

Fairfax Mayor Reportedly Close To Pleading Guilty In Meth-for-Sex Case

silverthornemugWe have been discussing lawyers and professors nailed as drug dealers.  Now close to my home, the former mayor of Fairfax City will enter a plea in a meth-for-sex prosecution.  R. Scott Silverthorne, 51, is reportedly ready to plead guilty after allegedly offering an undercover officer methamphetamine in exchange for an orgy at a Tysons Corner hotel.  Silverthorne told The Washington Post that 2015  was  a “terrible year” due to political challenges.  2017 has the makings of a much much worse year.

Continue reading “Fairfax Mayor Reportedly Close To Pleading Guilty In Meth-for-Sex Case” →

Bizarre, Constitutional Law, Politics, Religion, Society

Woman Flogged In Indonesia For Being Present

125px-Flag_of_Indonesia.svg85px-Coat_of_Arms_of_Indonesia_Garuda_Pancasila.svg
We have yet another example of the brutality of Islamic Sharia law from Indonesia where a woman was savagely flogged publicly for spending time with a man who was not her husband, including an allegation of sex outside of marriage.  The flogging occurred in Banda Aceh on the Island of Sumatra.

Continue reading “Woman Flogged In Indonesia For Being Present” →

Bizarre, Constitutional Law, Society

Trump Tweet On Nordstrom Dumping Ivanka Line Falls Under Inherent Parental Powers

1202996429_8991-3Another tweet by Donald Trump  has caused a ruckus back in Washington (I am in Guam for a speech).  Trump took after Nordstrom for dropping the Ivanka brand. While the store cited poor sales, Trump tweeted “My daughter Ivanka has been treated so unfairly by @Nordstrom. She is a great person — always pushing me to do the right thing! Terrible!” Shares for the store chain dropped in value following the tweet and media began calling to ask for the legality of such criticism by the president. The answer is that it is perfectly legal . . . just ask Harry Truman.  While the scope of executive privilege is broad, it is not nearly as broad and plenary as that of inherent parental authority.  When it comes to a president and his daughter, history has shown that this is one power exercised by all fathers that is accorded sweeping deference and little judicial review.

Continue reading “Trump Tweet On Nordstrom Dumping Ivanka Line Falls Under Inherent Parental Powers” →

Constitutional Law, Courts, Politics, Society

Ninth Circuit Deliberates Appeal Over Trump Executive Order

200px-US-CourtOfAppeals-9thCircuit-Seal.svgdepartment-of-justice-logo1

I previously discussed my surprise over the clumsy performance of the Justice Department in defending the Trump executive order on immigration.  Those concerns were magnified after the oral argument before the Ninth Circuit that was made available on YouTube.  The performance by August Flentje, special counsel to the assistant U.S. attorney general, was surprisingly lackluster and seemingly ill-prepared.  The shaky start that I described earlier seems now to be seismic as the Justice Department stumbles toward a ruling that can come as early as today.  As Flentje observed during his uninspired argument “I’m not sure I’m convincing the court.”

Continue reading “Ninth Circuit Deliberates Appeal Over Trump Executive Order” →

Constitutional Law, Courts, Politics, Society

Ninth Circuit Schedules Oral Argument On The Trump Immigration Order

200px-US-CourtOfAppeals-9thCircuit-Seal.svgdepartment-of-justice-logo1 The government filed its reply on February 6th and followed earlier arguments in favor of an appellate stay of the lower court order of Senior District Court Judge James Robart.  As discussed earlier, a temporary restraining order is very difficult to reverse on an interlocutory appeal.  Normally, appellate courts will wait for a final decision and opinion from the lower court before agreeing to review the controversy.  Of course, nothing is “normal” about this controversy in terms of procedure or policy.

Continue reading “Ninth Circuit Schedules Oral Argument On The Trump Immigration Order” →

Bizarre, Politics, Society, Uncategorized

The Superbowl Ad You Will Not Be Seeing Today [Updated]

screen-shot-2017-02-05-at-11-02-32-am84 Lumber is a building materials supply company that is the latest to trigger a Superbowl advertisement  controversy over an ad.  We have previously discussed how groups like PETA often seems to engineer conflicts (and rejections) to get more attention than would have been generated by a commercial itself.  Whatever the motivation, 84 Lumber has garnered massive attention after its commercial “The Journey Begins” was rejected by Fox as too political and divisive.  With some 47 percent of the public supporting the Trump executive order, it is a risky move that the attention could create as much anger as support among potential customers.  Regrettably, I will be on a flight to Guam (which takes off at the time of the kickoff).  I will try to get the game on the flight but I enjoy having a Superbowl party with the kids. We enjoy the commercials often as much as the game.  The company said that it was censored but allowed to run an altered commercial.  Maggie Hardy Magerko, 84 Lumber’s president and owner, is quoted as saying “I still can’t even understand why it was censored. In fact, I’m flabbergasted by that in today’s day and age. It’s not pornographic, it’s not immoral, it’s not racist.”

Continue reading “The Superbowl Ad You Will Not Be Seeing Today [Updated]” →

International, Politics, Religion, Society

Cleric: Killing Kurds Who Convert To Zoroastrianism Is “Legitimate”

By Darren Smith, Weekend Contributor

In another example of attempts to legitimize murder for apostasy, an Islamist Cleric of the Kurdistan Islamic Group (KIG) declared in an interview with the BBC that Kurds who leave Islam to convert to Zoroastrianism are to be murdered; or in his words “Killed and Executed.”

The cleric extended his hand of mercy by allowing those converts three days to regret their decision but thereafter are to be executed.

In an almost brutal irony, Mulla Hassib from Sulaimani said that Islamic religious tenets permit such executions, but ISIS’ practice of killing apostates is partially correct but he criticizes the terrorist organization for spreading the religion by means of “violence”.

Continue reading “Cleric: Killing Kurds Who Convert To Zoroastrianism Is “Legitimate”” →

Constitutional Law, Courts, International, Society

Judges In Seattle and Boston Reach Opposing Opinions On Trump Executive Order

washington-westernmassdcThe controversy over the Trump immigration executive order has already produced sharply conflicting orders from courts in Washington state and Massachusetts. A judge in Seattle has issued a temporary restraining order nationwide over the executive order while a judge in Boston declined to do so. Such divergent results are not uncommon in such controversies. However, as I have previously explained, I believe that the law favors the Administration despite good-faith arguments advanced by the challengers. Moreover, even if courts strike down a portion of the executive order, it is likely that other portions will be upheld on review. While I have been very critical of the order (and how it was rolled out), I still believe that the weight of binding authority on these trial courts favors President Trump.  We should get an answer sooner than expected: the Administration has decided to ask for an emergency order from the Ninth Circuit to block the Seattle court.  In the meantime, the airlines have been told to start to allow people on planes to the United States and the Justice Department is apparently not filing the emergency motion tonight. That means that people will start to arrive before the Justice Department files.  It could look a bit curious that the Administration is claiming a national security danger in these entries but would wait to file the emergency motion.

Continue reading “Judges In Seattle and Boston Reach Opposing Opinions On Trump Executive Order” →

Criminal law, Society

Dairy Queen Supervisor Charged With Manslaughter After Suicide By Teenager

aamwy0pThere is a novel criminal case in Missouri where the supervisor of a Dairy Queen has been charged with manslaughter in the suicide of Kenneth Suttner, 17.  Suttner lived a tragic life — tormented by bullies about his weight and his speech impediment.  He finally could not take anymore of the abuse and on December 21 took his own life.  It is horrific to think of all of the people who made this boy’s life such a living hell.  However, the criminal charge against Harley Branham is problematic in seeking to hold her criminally liable in a suicide case.

Continue reading “Dairy Queen Supervisor Charged With Manslaughter After Suicide By Teenager” →

Academia, Bizarre, Constitutional Law, Free Speech, Society

Protesters Torch Free Speech At Berkeley In Latest Example of Mob Rule On America’s College Campuses

milo_yiannopoulos_journalist_broadcaster_and_entrepreneur-1441_8961808556_croppedSeal_of_University_of_California,_Berkeley.svgWe recently discussed the courageous stand of the University of Chicago in favor of free speech (a position followed by schools like Purdue). Free speech is being rapidly diminished on our campuses as an ever-widening scope of speech has been declared hate speech or part of the ill-defined “microaggression.” Now Berkeley has shown the world exactly what this intolerance looks like as protesters attacked people, burned property, and rioted to stop other people from hearing the views of a conservative speaker. As on so many campuses, they succeeded. The speech by Milo Yiannopoulos was cancelled. A triumph of anti-speech protesters. Berkeley now must face a defining moment. The only appropriate response for the school is to immediately reschedule the speaker and stand in defiance of those who want to deny the right to speak (and to hear and associate) to others. Moreover, it is liberals who should be on the forefront in denouncing these protests and the effort to stop this event. Otherwise, it can follow the lead of schools like DePaul and cast aside free speech in yielding to the mob.

Continue reading “Protesters Torch Free Speech At Berkeley In Latest Example of Mob Rule On America’s College Campuses” →

Columns, Congress, Constitutional Law, Politics, Society, Supreme Court

HOW TO [REALLY] CHANGE THE SUPREME COURT: THREE REFORMS THAT COULD MAKE FOR A BIGGER AND BETTER COURT

Supreme Court

I recently published a column in the Los Angeles Times on reforming the Supreme Court with three fundamental changes that could be accomplished without a constitutional amendment.  Below is a longer version of that column on the three reforms and their implications.

Continue reading “HOW TO [REALLY] CHANGE THE SUPREME COURT: THREE REFORMS THAT COULD MAKE FOR A BIGGER AND BETTER COURT” →

Bizarre, Criminal law, International, Society

London Teacher Posed As Sexually Abused Girl To Falsely Accuse Colleague Of Pedophilia

stream_imgSheena Boll, 35, has been found guilty of a rather bizarre crime in London.  The teacher posed as a sexual abused 14-yer-old student to implicate a colleague of pedophilia.  In her underaged persona, Boll told police that she was sexually assaulted by the teacher.  The police responded with a full investigation that led them back to the faux 14-year-old victim.

Continue reading “London Teacher Posed As Sexually Abused Girl To Falsely Accuse Colleague Of Pedophilia” →

Congress, Constitutional Law, Courts, Politics, Religion, Society

Is The Trump Executive Order on Refugees Unlawful?

donald_trump_president-elect_portrait_croppedI previously discussed how President Donald Trump has the advantage in a constitutional challenge of this executive order suspending entry for refugees and imposing special limitations on seven stated countries.  As I have noted, this does not mean that there are not legitimate questions raised, particularly over the express preference to be given “religious minorities” under the order. However, the case laws heavily supports a president’s plenary power over such border controls.  There remains however a question over whether the law could be constitutional under a president’s inherent authority but still unlawful under statutory authority.  Most of that argument centers on the Immigration and Nationality Act of 1965, which bars discrimination based on nationality or place of origin.  There are clearly compelling arguments on both sides of this question, but once again I believe that critics may be overstating the 1965 law as making the executive order facially invalid.  As I have repeatedly stated since this executive order was signed, I believe it was a terrible mistake, poorly executed, and inimical to our values as a nation.  However, legal analysis by a court should not be influenced by such personal viewpoints.  The question is solely whether the president is barred statutorily from taking this action.

Continue reading “Is The Trump Executive Order on Refugees Unlawful?” →