Category: Society

Constitutional Law, Courts, Criminal law, International, Justice, Lawyering, Politics, Society, Uncategorized

Banks Ignore the Bankruptcy Laws

US Trustee Program

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” →

Animals, Criminal law, Environment, Society

No Animals Were Harmed In The Making Of This Film? New York Man Insists That Kicking Cat Is Not Animal Cruelty

article-0-1D995E9700000578-109_306x423article-0-1D995EA900000578-749_306x423We 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.

Continue reading “No Animals Were Harmed In The Making Of This Film? New York Man Insists That Kicking Cat Is Not Animal Cruelty” →

International, Society

Report: Thirty-Three Percent of Chicagoans Have Less Than $250 in Bank Accounts Before Every Pay Day

depression-era-unemployment-lineThere 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.

Continue reading “Report: Thirty-Three Percent of Chicagoans Have Less Than $250 in Bank Accounts Before Every Pay Day” →

Academia, Politics, Society

Kennewick Man Linked To Non-Native American Explorers In Contradiction To Claims Of Tribes and the Corps of Engineers

kennewickmanWe 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.

Continue reading “Kennewick Man Linked To Non-Native American Explorers In Contradiction To Claims Of Tribes and the Corps of Engineers” →

Constitutional Law, Free Speech, Politics, Society

Gun Stores Challenge California Law Barring Handgun Advertisements

Stock Photo of the Consitution of the United States and Feather Quill220px-CriminologygunglockThere 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” →

Criminal law, Lawyering, Media, Society, Torts

This Is CNN? Nancy Grace Sued By Man She Labeled The “Selfie Stalker”

200px-nancy_grace200px-Cnn.svgTelevision 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”” →

Criminal law, International, Politics, Society, Torts

“There Was No Negligence”: Ten Indian Women Die and Dozens Are Hospitalized After Mass Sterilization

India flagIndian 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.

Continue reading ““There Was No Negligence”: Ten Indian Women Die and Dozens Are Hospitalized After Mass Sterilization” →

Criminal law, Society

New York Sheriff’s Deputy Suspended After Video Shows Him Threatening Citizens and Apparently Slapping Driver

n-COP-largeSgt. 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.”

Continue reading “New York Sheriff’s Deputy Suspended After Video Shows Him Threatening Citizens and Apparently Slapping Driver” →

Media, Politics, Society

Obamacare Architect States That The Law Was Only Passed Due To “The Lack of Transparency” and The “Stupidity of the American Voter” UPDATED

Screen Shot 2014-11-11 at 9.26.38 AMWe 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.”

Continue reading “Obamacare Architect States That The Law Was Only Passed Due To “The Lack of Transparency” and The “Stupidity of the American Voter” UPDATED” →

Constitutional Law, Free Speech, International, Politics, Society

Free Speech for Dummies: South African Court Silences Puppet’s Tweets As Possible Hate Speech

-nH0ndOB_400x400There is an interesting case of free speech out of South Africa where Chester Missing has been gagged from sending out any more tweets or messages criticizing singer Steve Hofmeyr. The court order is based on the country’s hate speech laws, a continuation of a trend where free speech is being curtailed under antidiscrimination or hate speech laws. What is a bit different in this case is that Chester is a dummy . . . a real dummy . . . like a puppet dummy.

Continue reading “Free Speech for Dummies: South African Court Silences Puppet’s Tweets As Possible Hate Speech” →

Academia, Constitutional Law, Society, Torts

Miller-Young and University of California Sued Over Campus Assault On Pro-Life Advocates

milleryoungincident2 We have been following the controversy surrounding the confrontation of Feminist Studies Associate Professor Mireille Miller-Young with pro-life advocates on campus. Miller-Young led her students in attacking the pro-life display, stealing their display, and then committing battery on one of the young women. Thrin Short, 16, and her sister Joan, 21, filed complaints and Miller-Young was charged with criminal conduct including Theft From Person; Battery; and Vandalism. Miller-Young was convicted and sentenced in August. Despite the shocking conduct of Miller-Young and the clear violation of the most fundamental values for all academics in guaranteeing free speech and associational rights, the faculty overwhelmingly supported Miller-Young and the university decided not to impose any meaningful discipline. Now, the victims are suing Miller-Young, the UC Regents and others in seeking both compensatory and punitive damages. The lawsuit could finally force the University to explain its inexplicable response, or lack thereof, to the highly improper conduct of Miller-Young. As discussed below, Michael D. Young, Vice Chancellor of Student Affairs, not only issued a statement that seemed to blame the victims but faculty defended Miller-Young’s conduct, including arguments that the pro-life advocates were “terrorists”; Miller-Young’s response was due to that fact that she was pregnant and even that her expression of satisfaction was nothing more than her “mask” from a “cultural legacy of slavery.” Those arguments are likely to find little traction in a court of law.

Continue reading “Miller-Young and University of California Sued Over Campus Assault On Pro-Life Advocates” →

Bizarre, Environment, International, Society

Death of English Gardener Linked To Wolfsbane Plant

220px-Aconitum_variegatum_110807fThere is a tragic and rather bizarre fatality at a large English estate where gardener Nathan Greenaway, 33, died after being rushed to the hospital. The cause appears to be a plant that many may recall from medieval stories — wolfsbane (aka Devil’s helmet, monkshood, leopard’s bane, women’s bane, devil’s helmet or blue rocket). Aconitum is so poisonous that even if brushed against without protection it can cause can vomiting, dizziness, diarrhea, heart palpitations, and, in severe cases, paralysis of the heart and airways. The case would present an interesting tort action in the United States against the retired venture capitalist who owns the $6 million estate. The question is whether Christopher and Kathy Ogilvie Thompson were negligent to have such a lethal plant on the premises if there were no barriers or warnings. The name aconitum comes from the Greek meaning “without struggle”.

Continue reading “Death of English Gardener Linked To Wolfsbane Plant” →

Bizarre, Courts, Criminal law, Free Speech, Justice, Politics, Religion, Society

Why is it Illegal to Feed the Homeless?

100px-Seal_of_Fort_Lauderdale,_Florida

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

Did you know that somewhere in America, it is illegal to feed the homeless in public?  It can’t be true can it?  It is true in Fort Lauderdale, Florida after the recent passage of an ordinance by the city council.  The real scary part of that news is that Fort Lauderdale is not alone in taking this anti-compassionate stance!

“Over 30 cities across the nation have outlawed or are considering criminalizing the provision of food to homeless people. According to the National Coalition for the Homeless, over 20 cities have devised laws against giving food to homeless people since January 2013.” Nation of Change

While I can understand this stance if these cities are adding health guidelines to make such feeding attempts safer, I am shocked that over 30 cities have outlawed it or are considering outlawing the practice of giving food to the hungry and homeless.  Are public picnics next on the hit list? Continue reading “Why is it Illegal to Feed the Homeless?” →

Congress, Constitutional Law, Courts, Politics, Society

SUPREME COURT ACCEPTS OBAMACARE CHALLENGE

Supreme CourtThe Supreme Court has decided to wade back into the controversy over the Affordable Care Act (ACA) or “Obamacare” today with the granting of review of King v. Burwell, No. 14-114. I have previously written about the King case as well as the parallel case in the D.C. Circuit in Halbig.

Continue reading “SUPREME COURT ACCEPTS OBAMACARE CHALLENGE” →

International, Politics, Society

Washington Post: Border Data Posted Then Retracted Within Hours By Obama Administration

190px-thumbnailPresident_Barack_ObamaThe Washington Post is raising another instance where the Obama Administration appears to be withholding information on immigration for political purposes — further contradicting President Obama’s pledge to be the most transparent Administration is history. The U.S. Customs and Border Protection releases its annual statistics on October 10th before the elections. Someone in the Administration then ordered the statistics taken down in what the Post is calling a move that seemed to confirm the view of “the Obama administration playing politics with public information.” Notably, the Post however only wrote about the story today so any such intention worked to keep the information out of the public debate. There is a reason why these statistics would be particularly bothersome before an election.

Continue reading “Washington Post: Border Data Posted Then Retracted Within Hours By Obama Administration” →