Category: Society

Minnesota Candidate Resigns After Saying ISIS “Isn’t Necessary Evil” and Only Trying To Do What They “Think Is Best For Their Community”

2E7AFEF500000578-3319764-image-a-2_1447628896735Dan Kimmel, 63, may have come up with the worst possible campaign statement for someone running as a candidate for the Minnesota House of Representatives. The Democratic candidate tweeted that the Islamic State group “isn’t necessarily evil” and its members were doing what they thought was best for their community.   Not only is the tweet bizarre but it occurred shortly before the massacre that left more than 120 people dead and more than 350 wounded in Paris by ISIS.  Kimmel has since resigned from the race.

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Dartmouth Students Charge That Activists Hurled Racist Epithets And Abuses White Students At Library

Screen Shot 2015-11-17 at 7.40.54 AMThere was a controversial protest at Dartmouth this week that led to allegations in a conservative newspaper that racial epithets were directed at white students. The video below shows protesters disrupting students studying in the library and one telling students to recite “black lives matter.” The protest reportedly occurred at the Baker-Berry Library on the university’s campus in Hanover, New Hampshire.

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“She Is A Lost Cause”: 87-Year-Old German Grandmother Jailed For Denying Auschwitz Was A Death Camp

220px-Auschwitz_entrancehaverbeck-panoramaWe have been following the rapid decline of free speech rights in Europe and Canada. Germany has long been the subject of criticism from the free speech movement. The country has long criminalized speech dealing with World War II and the Nazis. While the real benefit of those laws has been questioned given the long existence of a neo-Nazi groups in the country, prosecutors continue to bring troubling charges against those who voice unpopular or obnoxious beliefs in prohibited areas. The latest is Ursula Haverbeck, an 87-year-old German Neo-Nazi grandmother who has been sentenced to 10 months in prison after being found guilty of denying the Holocaust. She does not believe that the Holocaust was real but, rather than leaving the matter to open debate, the Germans are imprisoning her for either not changing her mind or not staying silent about her views.

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Turley To Moderate Panel On Money Laundering At World Bank

LJDWeek15_WebsiteToday I have the honor of moderating a remarkable panel at the World Bank as part of its Law, Justice, and Development week. The panel entitled “Clean Solutions for Dirty Money: Closing the Implementation Gap” will look at the current status of the global anti-money laundering (AML) legal regime and the need for possible reforms, including such questions as whether there is any concrete, empirical evidence that the regime actually works and whether the compliance costs associated with the regime outweigh whatever effectiveness there is in the system. There are also growing questions over the “opportunity costs” associated with the existing AML regime such as the huge amounts of money being spent on compliance as well as humanitarian costs associated with the restriction on money transfers and movement.

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It’s Time To Expunge Minor Marijuana Conviction Records In Legal States

By Darren Smith, Weekend Contributor

the-thin-line-of-medical-marijuanaSimple marijuana possession is legal in several states and is likely to be in others in the future. Yet, the taint of a marijuana conviction on record can be a limiting factor for the convicted seeking employment and other benefits–Especially for engaging in an act that is essentially legal in green states. While certainly the courts are under no present obligation to expunge these records, morally it can be argued that state legislatures should put this social handicap to a rest.

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WA State Department Of Labor And Industries To Remove Art By Convicted Cop Killer Leonard Peltier

By Darren Smith, Weekend Contributor

wa-labor-n-industries-logoLast week I featured an article describing how the Washington State Department of Labor and Industries engaged in promoting and displaying the artwork of imprisoned capital murderer Leonard Peltier at its headquarters. The article and enquiries I made to various law enforcement officials and the former FBI Agent’s Association generated a considerable backlash against the agency for its actions.

On Friday I met with KING-5 News reporter Drew Mikkelson and Former FBI Agent Ray Lauer representing the Seattle Chapter of the Retired FBI Agent’s Association at the behest of its national headquarters, for interviews on this controversy. The story was featured on the medium’s 6:30 broadcast.

Leonard Peltier was convicted of two counts of murder in the deaths of FBI Agents Jack Coler and Ron Williams, both twenty-eight years old at the time. On the fortieth anniversary year of the deaths, Labor and Industries hosted the artwork of Leonard Peltier which sparked outrage among former FBI agents, the law enforcement community, and family members of the deceased agents.

In an interview, L&I’s spokesman Tim Church explained that his agency did not intend to further Peltier’s cause by displaying his art, yet his agency did just that by its promotion. The Washington agency further claimed that his paintings were part of the Native American contribution to the art during a Native American Heritage Month celebration.  The agency was displaying a selection of other works, however displayed Mr. Peltier’s art more prominently in the main rotunda of the headquarters next to the main entrance. Moreover the government provided flyers and cards attached to the paintings directing the viewer on how to contact the gallery. Though I saw and photographed these promotional materials during my first visit to the headquarters, the department removed these prior to our arrival for the interviews.

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Seattle Jury Awards Man $21.5 Million For Being Hit By Automatic Door On A Holland America Cruise

Screen Shot 2015-11-12 at 7.20.05 PMThere is an extraordinary verdict of of Seattle where Illinois businessman James R. Hausman was awarded $21.5 million in damages after he suffered minor brain injury when he was struck in the head by a sliding-glass door on the Holland America cruise line’s Pacific fleet flagship, the M/S Amsterdam. The videotape below does not exactly scream out liability, let alone massive punitive damages, but the unanimous 8-person jury clearly view the company as ignoring repeated injuries to dozens of passengers from the doors on various ships. The defense proved to the jury’s satisfaction that the company had shortened the time for the doors to remain open — allegedly to save money on air conditioning.

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Reggie Bush To Sue St. Louis For Game Slip-And-Fall

This week my two great loves have finally been joined. Tort law and football have come together with a lawsuit planned by San Francisco 49er running back Reggie Bush against the city of St. Louis for a slip-and-fall injury at the Edward Jones Dome during a game. With Raiders Linebacker Ray-Ray Armstrong reportedly under criminal investigation for taunting of a police K-9. As he ran out on to the field for the game against the Steelers at Heinz Field, this month is proving a virtual litigation scrum.

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And You Thought They Were MADD Before . . . : Florida Police Officer Shows Up Intoxicated To Accept Award From Mothers Against Drunk Driving

200px-maddIt is hard to blow an awards ceremony like the one meant to honor Pinellas County deputy Michael Szeliga hosted by Mothers Against Drunk Driving . . . except when you appear stumbling drunk after being sighted walking around in the hallway of the hotel in your boxers.

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International Agency Calls For Ban On All Russian Athletes Competing In World Events Due To “Deeply Rooted Culture of Cheating On All Levels”

Russian Flagthumb_needle_blood_inject_analisi_del_sangue_archi_01The World Anti-Doping Agency (WADA) has issued a blockbuster report that calls for Russia to be banned from international athletics for doping violations and a “deeply rooted culture of cheating at all levels” within Russian athletics. We have previously discussed the lax treatment of cheating by countries like China in international sports. WADA has not only bucked that trend but criticized the long-ridiculed the International Association of Athletics Federations (IAAF) for its “inexplicable laissez-fair policy.” Bravo, WADA, Bravo.

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Thank You Philly

IMG_3779I returned yesterday from a wonderful visit in Philadelphia where I spoke at the ABA conference on Labor and Employment law. For a constitutional scholar, trips to Philly will always have a certain sacred feel. I never visit without stopping by Independence Hall and walking around that wonderful building. From the great food to the great history, Philly remains a fun city to visit. We often use this blog as a travel blog for our readers who travel on business or fun and I have a few recommendations to share.

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Rambler Goes Reggae: Leading Critics of the Redskins Is Under Fire After Posting Pictures Of Himself In Black Face

CTAgBQ9UAAA53bNThis picture has caused a considerable outcry not just because it shows someone in blackface but who the person is. This is San Carlos Apache chairman Terry Rambler who two years ago joined President Barack Obama to denounce the “racially offensive” name of the Washington Redskins. For the purposes of full disclosure, I have been critical of the legal moves to force the team to change its name (though I have no problem with protests and efforts at a boycott for those offended by the team name).
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Three Individuals Growing Medical Marijuana In WA State Convicted And Sent To Prison

By Darren Smith, Weekend Contributor

Entreating the Godfather

Nearly a year and a half ago we featured a story describing the plight of the “Kettle Falls Five” who were arrested by the federal Drug Enforcement Agency on charges relating to marijuana cultivation and firearms violations.  I am reprinting here portions of my previous article which has many details of the original case. Now, three of these defendants were sentenced to federal prison.

The confusion as to what constitutes lawful medical marijuana grows with federal deference and ten year punishments for doing so, the United States Department of Justice prosecuted five rural Eastern Washington residents accused of growing seventy-four medical marijuana plants in a private collective. Washington State is a Medical Marijuana State. The accused include a seventy year old man who states he uses the medicine to treat pain from a job related injury, his wife for her arthritis, and their son.  The patriarch of the family, the accused Larry Harvey, had the charges dropped but has since died of cancer.

While state law at the time permitted the cultivation of up to forty-five plants, federal law prohibits any cultivation.  Originally confusion of the numbers of plants that might be permissible under state law (in aggregate) should take into consideration that multiple individuals had separate grows and this led to a misunderstanding.  While the Spokane County Sheriff’s Office told the accused to remove those plants in excess of the amounts allowed, the DEA later arrived and raided their farms.

What compounds the severity for these five individuals is that within the thirty-three acre property, two of the defendants’ residence had inside several firearms, including rifles which are used by the family to hunt and for protection from wild animals. Firearms are very common in residences in rural Eastern Washington. Yet, the firearms in relation to the marijuana grow add an additional five year minimum sentence, adding to the defendants’ minimum of ten years imprisonment, something the senior defendant claimed to be a “death sentence.”

What is rather extraordinary in this effort by the department of justice, despite guidelines in not allocating resources to prosecute medical marijuana patients, the defendants claim it was a misunderstanding of Washington’s medical marijuana laws that caused them to go from legal users to being potentially imprisoned for ten years.  Many viewed this case as necessitating jury nullification.

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WA State Agency Promoting Art Of Convicted Cop Killer Leonard Peltier

By Darren Smith, Weekend Contributor

Leonard Peltier
Leonard Peltier

On the 40th anniversary of the murder of two FBI agents, Washington State is honoring the art of the two agents’ killer.  It is a shameful and dishonorable act that highlights the man who took the lives of two young law enforcement officers and an affront to their families who have for forty years endured resurrection of this killer in the news with little mention of the fallen officers.

Last Thursday I read of a Native American art exhibit being held at the Washington State Department of Labor and Industries headquarters in Tumwater, Washington. Being a fan of Native American art I travelled to the agency to review the artwork. To my dismay in the main rotunda of the state agency’s offices I saw four paintings from Leonard Peltier along with cards reading how to contact Mr. Peltier’s gallery for purchases of his works. I am familiar with his art and these works are consistent with his style of painting.

Leonard Peltier is currently serving two consecutive life sentences for the 1975 murder of FBI Agents Jack Coler and Ronald Williams at the Pine Ridge Reservation.

Now, we have a situation where a government agency is promoting the art of this convicted cop killer, which is only certain to generate controversy in the Law Enforcement Community along with the families of those who have lost their loved ones. The State of Washington is sponsoring a murderer’s artwork and providing free advertisements toward its purchase. I view this as highly unethical and a strong conflict of interest. The State of Washington should not be in the business of helping convicted cop killers profit while in prison. It is an insult to the families of agents Coler and Williams and those who have served in the profession.

The great irony of this affair is that the Washington State Department of Labor and Industries is the agency charged with paying benefits to police officers injured on the job and to also administer the Washington State Crime Victim’s Compensation Fund.

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The Fall Of Carnegie Deli

300px-Carnegie_deli_exteriorMy speech this week in New York allowed me the opportunity to return to my favorite haunts in the Big Apple like the Metropolitan Museum of Art. However, one uninterrupted tradition for decades was . . . well interrupted. As I have previously discussed, I love to go to Carnegie Deli. While touristy and over-priced, it still had my favorite corned beef and most importantly my favorite Matzo ball soup. As discussed in April, the deli closed after the discovery that it had been stealing gas for years with a dangerous illegal cut into the gas line – the same crime that resulted in the destruction of a building in New York last year with the loss of life. The deli remains closed and the scandals appear to be piling higher than its famous corned beef sandwich. On the bright side, the despicable conduct of the restaurant has led me to pursue a search for my next favorite deli. This trip brought me to the Second Avenue Deli.

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