We have been discussing the ever-expanding copyright and trademarks claims on what seems every object and observation in modern life, including such things as pictures taken of public scenes in London and in New York. Now one of the most iconic public images is being claimed as protected: the Eiffel Tower at night. Under EU law, the tower light display constitutes an “art work” and is therefore copyrighted. Thus, you can take a picture during the day but at night the copyright lawyers come out and roam the streets to see if you are taking pictures of the lights of the city of the “City of Lights.” (To show my innate sense of legality, I took this cunning picture just before the lights came on at dusk in Paris a few years ago. Ha!)
Category: Society
There continues to be a national debate over how to handle “deadbeat dads” with some questioning whether jail time is useful as a punishment for non-payment since it often makes it harder for the fathers to hold jobs. Others say that deadbeat dads are often do not take civil penalties seriously and that only jail will motivate compliance to shoulder their responsibilities. There may be no greater case study to support criminal sanctions than Terry Turnage, who has fathered 26 children by 15-20 different women, though the precise number seems difficult to confirm. He has reportedly failed to pay virtually any support to any of the women while driving expensive cars and throwing lavish parties.
As many on this blog are aware, I have previously testified, written, and litigated in opposition to the rise of executive power and the countervailing decline in congressional power in our tripartite system. I have also spent years encouraging Congress, under both Democratic and Republican presidents, to more actively defend its authority, including seeking judicial review in separation of powers conflicts. For that reason, it may come as little surprise this morning that I have agreed to represent the United States House of Representatives in its challenge of unilateral, unconstitutional actions taken by the Obama Administration with respect to implementation of the Affordable Care Act (ACA). It is an honor to represent the institution in this historic lawsuit and to work with the talented staff of the House General Counsel’s Office. As in the past, this posting is meant to be transparent about my representation as well as my need to be circumspect about my comments in the future on related stories. Continue reading “TURLEY AGREES TO SERVE AS LEAD COUNSEL FOR HOUSE OF REPRESENTATIVES IN CONSTITUTIONAL CHALLENGE”
There are serious questions raised this week as to whether a star football player from Florida State was given preferential treatment not only by university police but Tallahasee police after a hit-and-run where two cars were totaled. At the heart of the controversy, is starting cornerback P. J. Williams who was allegedly driving the car that slammed into an oncoming vehicle. A second starting cornerback, Ronald Darby, also reportedly fled the scene at 2:30 am. However, neither was charged and the incident was not written up by the university police — as if it never happened. Just a couple of minor tickets for the “Noles.” It is a new meaning to nolo contendere. It usually means a defendant not contending a charge. In this case, Nole contendere is used by police to say “I do not wish to contend” a criminal charge against a FSU player. [For full disclosure, my wife is an FSU graduate and a “Nole”].
Of all the victims of the Islamic State, none are more horrific than the girls captured by the jihadists and treated as sex slaves or forced to “marry” fighters. That is the fate of girls from the minority Yazidi towns and we have first-hand accounts from girls who recently escaped from IS forces. What is most striking is that clerics have justified their rape and slavery as consistent with the Koran and expressly justified under the extremist views of Islam and Sharia law. The girls are being declared “chums” or war spoils and their rape is being defended as allowing pure Islamic fighters from committing adultery. Kidnapping and raping thousands of girls is considered a better alternative than the scourge of adultery to these clerics.
Turkish President Tayyip Erdogan appears to have the same fluid understanding of history as he does civil rights. Erdogan became the latest — and certainly highest ranking — person to proliferate the myth that Columbus not only found that Muslims had discovered the New World before him but that there was an actual mosque left on a mountain in Cuba to greet the explorer.
Continue reading “Erdogan: Muslims Discovered America Before Columbus”
Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor
In the past, I have written about the Big Banks continued unlawful actions that only result in “slap on the wrist fines” that in many cases are passed on to the shareholders and/or used as a tax deduction. It seems that Wall Street and the Banksters have not learned a thing. Or have they?
The latest wrinkle in Banksters taking advantage of American citizens is noted in a Crooks and Liars report which detailed an investigation into several Big Banks and their alleged refusal to honor the orders of Bankruptcy judges across the country. Of course, the “usual suspects” have been named in the latest investigations. Continue reading “Banks Ignore the Bankruptcy Laws”
We have another man charged this week after posting pictures on Facebook. In the case of Andre Robinson, 22, his defense has outraged people as much as his crime. After being shown luring a stray cat over and then viciously kicking it, Robinson essentially insists that no animals were harmed in the making of his film. The prosecutors say that the cat was kicked some 20 feet. His team challenged the prosecutors to prove that the cat was actually injured.
There is a truly disturbing report out of Chicago that highlights the massive wealth gap in our country. The Springleaf Financial Strength Survey, found that 33 percent of Chicagoans are living paycheck-to-paycheck and have less than $250. Nationwide 43 percent of families are living paycheck to paycheck.
We have previously discussed the controversy over Kennewick man, the 9,000 year old skeleton found along the bank of the Columbia River eighteen years ago. Putting aside the fact that the date of the skeleton once again contradicts those who believe that the Earth is only a few thousand years old, it also represented a major scientific find. Scientists stated that the skeleton did not appear to be Native American, but Native American groups insisted that under the Native American Graves Protection and Repatriation Act (NAGPRA) they had a right to take possession of the skeleton and stop any further scientific work at the site. To the astonishment of many (particularly in the academic world), Army Corps of Engineers sided with the tribe and fought to give the non-Native American skeleton to the local tribe and dumped 2 million pounds of dirt and planted several thousand trees on top of Kennewick Man’s burial site to stop further scientific work. Now, the results are in. Kennewick Man is not Native American but the Corps is continuing to defend its absurd position and its obstruction of important scientific work.
There is an interesting first amendment case developing in California where gun store owners are challenging a California Penal Code section 26820, a law from 1923 that bans gun stores from putting up signs advertising the sale of handguns. Shotguns can be advertised but not handguns. Four dealers are claiming that their freedom of speech is being curtailed on an arbitrary basis. They have a point.
Continue reading “Gun Stores Challenge California Law Barring Handgun Advertisements”
Television host Nancy Grace is again being sued this week over the latest example of her low-grade, gotcha programming. Grace is being sued by a man who she labeled the “selfie stalker” for allegedly taking a picture with a crime victim’s cellphone. The problem is that Ben Seibert is not a stalker and did not take such a picture with the phone. He was cleared of the allegations but that did not stop Grace from continuing to shred his reputation on-air. It is always shocking to see Grace appear not just on CNNHD but CNN generally. If, as the tagline reads, “this is CNN” it has truly experienced a fall from Grace.
Continue reading “This Is CNN? Nancy Grace Sued By Man She Labeled The “Selfie Stalker””
Indian officials are investigating a shocking case where 10 women have died and dozens of others hospitalized after participating in a state-run mass sterilization. The over 80 women underwent sterilizations by a single doctor in a single day in the central state of Chhattisgarh on Saturday. The most remarkable statement came below from the chief medial officer who promised an investigation.
Sgt. Shawn Glans a New York sheriff’s deputy has been suspended after a video was posted that showed him verbally abusing, and apparently slapping a young man after the man refused to let Glans search his vehicle. The car had a rifle in the backseat, which is not unlawful and, when the man refuses, Glans is heard threatening that he could “rip your … head off.”
We previously discussed the statements of Jonathan Gruber, a Massachusetts Institute of Technology economist who played a major role the ACA, or “Obamacare,” where he repeatedly endorsed the theory at the heart of the recent decisions in Halbig and King by challengers to the ACA: to wit, that the federal funding provision was a quid pro quo device to reward states with their own exchanges and to punish those that force the creation of federal exchanges. That issue will now be decided by the United States Supreme Court. Gruber caused a considerable controversy when, after he had denounced the theory as “nutty” during the arguments in Halbig and King, he was shown later to have embraced that same interpretation. Having been paid almost $400,000 as an architect of the ACA, Gruber has become a major liability in the litigation. Now Gruber is back in the news with an equally startling admission that the Obama Administration (and Gruber) succeeded in passing the ACA only by engineering a “lack of transparency” on the details and relying on “the stupidity of the American voter.”