I am delighted to post the great news that Michael Sam, who came out earlier this year, is now the NFL’s first openly gay player. Sam is now a Ram.
Category: Society
By Darren Smith, Weekend Contributor
Absolute monarch Sultan Hassanal Bolkiah of Brunei announced in January a harsh form of sharia law will be enacted. Effective in three phases beginning now and spanning two years, the edict eventually allows for the stoning to death of homosexuals, adulterers, and apostates; for amputation of limbs for those convicted of theft; and flogging for abortions and the consumption of alcohol. The capital offense provisions of the law reportedly apply only to Muslims.
Sultan Bolkiah claims this is a step in solidifying a long cultural tradition in the sultanate which was established in the fourteenth century. Increasingly conservative Muslim politicians and officials in Brunei, Malaysia, and Indonesia are beginning to move from sharia being limited to family matters to now criminal law and capital offenses. Acheh in Indonesia is included especially. While Brunei enjoys one of the highest per capital income in the world, has many social benefits such as effectively free health care and education, its population of over 416,000 individuals now is seeing human rights restricted in a trend that is generating international condemnation in the West. Al-Jazeera reported that many members of the Muslim ethnic Malay majority have voiced cautious support for the changes. However, non-Muslim citizens, who are fifteen percent of the population, led a rare burst of criticism on social media earlier this year, but largely went silent after the sultan called for a halt.
“Theory states that God’s law is harsh and unfair, but God himself has said that his law is indeed fair,” the sultan said.
But will Western governments be willing to isolate countries engaging in abuses of individuals and oppression of the human rights of populations or is trade and money going to become the focus and inconveniences such as abuse continue to be ignored?
By Darren Smith, Weekend Contributor
June 30th, 2014 will mark a significant change in nomenclature and status for same sex couples who had previously registered their domestic partnership starting in 2012. After this date, these couples’ status will change automatically to “married.” This presents an opportunity to become married without the administrative overhead of now filing for a marriage license. Couples after June 30th who enter into a union will be considered married.
There is an interesting ruling out of Arizona where an appellate court has overturned a Scottsdale municipal ordinance barring people from being intoxicated in public. The ordinance was found to be in conflict with a 1972 state law that prohibits municipalities from criminalizing “being a common drunkard or being found in an intoxicated condition.” The intent behind the law was to recognize alcoholism as a disease as opposed to a crime. The case is Arizona v. Coles, 2014 Ariz. App. LEXIS 78 (May 6, 2014).
Continue reading “Arizona Appellate Court Strikes Down Scottsdale Public Intoxication Ordinance”
You may recall that we discussed the disturbing case involving the shooting of Andrew Lee Scott, 26, an entirely innocent man who was killed by Florida police after they went to the wrong home to arrest an attempted murder suspect, did not announce they were officers, pounded on a door at 1:30 am and then shot and killed Scott when he pointed a gun at the strangers at his door. They were looking for Jonathan Brown who is suspected of attempted murder and insisted that they had little choice in the shooting. Now, to compound the tragedy, it turns out that Brown was also completely innocent. Brown was exonerated after being charged with attempted murder when witnesses established that there was no crime to begin with. In fact, the witnesses suggested that Brown was something of a hero. The family is now in court and, while the charges were dropped some time ago, I wanted to run an update on the case.
New Hampshire Representative Timothy Horrigan (D-Durham) is outraged over what he describes as “a blatant violation of the Second Amendment.” The violation? People on public assistance cannot use EBT cards to buy guns. He is objecting to legislation barring the use of EBT cards for this purpose and denying people on welfare to hunt and defend themselves with guns.
We previously discussed the lawsuit against Case Western and former dean (and former George Washington law professor) Lawrence Mitchell. Mitchell has been accused of retaliating against his former associate dean Raymond Ku, including suggestions of three-some trysts with students and administrators. Ku’s allegations have been affirmed by a former administrator who came with Mitchell to Case Western from GWU, Daniel Dubé. There are also unnamed faculty and students referenced in the complaint. [For Dubé’s affidavit, click here] Mitchell later resigned but pledged to remain as a faculty member at Case Western. At the time, I discussed Mitchell’s options as limited but suggested that “he would be marketable at corporate law firms where these allegations may be viewed as less of a problem, particularly if he goes to New York.” Well, he has now announced that he is indeed in leaving in a blog posting entitled “Leaving Egypt” . . . for New York.
Below is my column in USA Today on the use of set aside categories based on race, gender, or other criteria for government contracts. While the set aside issue arose in the recent controversy over Braulio Castillo, there are legitimate questions that should be discussed over the efficiencies and equities of the system. There is also the question of self-identification on these issues. Veteran’s status is easier to confirm, though in the Castillo case we saw the definition can be wildly out of whack. However, we have seen controversies involving people who self-identify as having minority status based on questionable basis such as the controversy over Senator Elizabeth Warren who listed herself as a minority due to Native American blood. There is presumably some criteria for such claims when made in government contracts but I am not sure who where that line is drawn. The real question is whether it would not be better for Congress to directly fund programs to help minority groups rather than require special treatment in government contracting. Hopefully, we can have such a debate without rancor and personal recriminations. There are good-faith reasons to debate whether government contracting should be based solely on the best price and product determination in my view. It is not questioning the purpose of this policy but the means used to achieve it.
Police have arrested Andre Robinson, 21, who appears on a deeply disturbing YouTube video where he lured a street cat to approach him by pretending to feed him and then kicks him into the air. What is equally disturbing is the cries of joy and laughter from his friends.
Continue reading “Brooklyn Man Arrested After Posting Of Cat Kicking Incident”
Tonight I have learned news that I pass along with the deepest sense of regret and loss: Hot Doug’s — my favorite Chicago hot dog stand — is closing. I have previously discussed Hot Doug’s and my view (and many others) that it is the premier Chicago hot dog restaurant, a distinction difficult to obtain in a famous for its hot dogs.
In a blow to secularists and civil libertarians, the Supreme Court voted 5-4 in Greece v. Galloway to allow Christian prayers at a local council. The Court again left little clarity on the standard for future cases in what proved a highly fractured decision. Justice Anthony Kennedy tipped the balance in favor of the Town of Greece with Chief Justice John Roberts, Justice Samuel Alito, Justice Antonin Scalia, and Justice Clarence Thomas. However, his opinion was left in pieces by a series of concurring opinions. Scalia and Thomas specifically bolted over Part II-B of Kennedy’s opinion (except as to Part II–B, concluding that the town’s prayer practice does not violate the Establishment Clause.) Alito wrote a concurring opinion, joined by Justice Scalia. Justice Thomas also wrote a concurring opinion joined by Justice Scalia in part. Even the dissenting justices divided with a Breyer opinion for himself and a dissent by Kagan that was joined by Justices Breyer, Ginsburg, and Sotomayor. In other words, an unholy mess.
There is an important case pending before the United States Court of Appeals for the Sixth Circuit on liability over Internet speech for blogs and websites. The court heard arguments in Jones v. Dirty World Entertainment, where gossip blog, The Dirty, is appealing the decision of U.S. District Judge William Bertelsman that the site is liable of defamatory statements by third parties and cannot claim immunity under the Communications Decency Act, 47 U.S.C. § 230. The site was sued by Sarah Jones, an ex-Bengals cheerleader and a former high school teacher in northern Kentucky, who was libeled on the site by commentators.
The United States Court of Appeals for the Second Circuit has handed down a major decision on responsibility for 9-11 liability. In a decision by Judge Dennis Jacobs, a panel ruled that American Airlines, United Airlines and the World Trade Center leaseholder are not liable for environmental cleanup costs for the attacks in New York City. It is not the conclusion but the rationale that raises concerns about the immunity decision. The panel ruled that none of these parties were responsible for the attacks because it constitutes an act of war. That rationale negates the obvious responsibility of not just the government in ignored numerous indicators of the attacks but the refusal of the airlines to take rudimentary security changes advocated for years such as secure cockpit doors and flight protocols. The decision is In Re September 11 Litigation, 2014 U.S. App. LEXIS 8293.
We often discuss civility on this blog and we have had some serious challenges to our rule from those who have denounced civility as a standard, including the hosts of some blogs. Indeed, we have discussed the gradual decline of civility and courtesy in society from sporting events to television. Now the California bar is taking a commendable stand and requiring new lawyers to take an oath to behave with “dignity, courtesy and integrity.” That may surprise you if you assumed that such a commitment is already express in the oath of lawyers in all states. It is not and the change was a direct response to what the California bar found was (much like our own experience) a rapid decline in civility among lawyers.
Continue reading “California To Require New Lawyers To Swear To Civility In Practice”
I went to Chicago’s Lincoln Park Zoo on Sunday with my daughter Madie. I then came face to face with the ultimate price listing for a Merry-Go-Round . . . where you start is where you end up. Kid, standing adult, or riding adult . . . $2.75.