Category: Society

Constitutional Law, Courts, Justice, Lawyering, Society, Supreme Court

122 years ago today, a humble but brave shoemaker boarded a train.

By Charlton Stanley, Weekend Contributor

500px-Seal_of_the_United_States_Supreme_CourtOn this day in 1892 Homer Plessy was arrested for refusing to leave his seat in the “whites-only” car of a train. The resulting court case, which Plessy lost, generated one of the most disgraceful decisions the Supreme Court of the United States ever made.

On June 7, 1892 thirty year old Homer A. Plessy boarded a train in New Orleans. A short time later, Plessy was arrested and removed from the train at Press and Royal streets by a private detective with arrest powers. The detective had actually been hired by the Comité des Citoyens (Citizens’ Committee of New Orleans), a civil rights group of which Plessy was a member. They were challenging Louisiana’s 1890 separate-car law.

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Constitutional Law, Society

Federal Judge Strikes Down Wisconsin’s Gay Marriage Ban, Wedding Bells Ring

By Darren Smith, Weekend Contributor

LGBT USA Pride FlagThe inertia against state prohibition of gay marriage continues to rise. United States District Court Judge Barbara Crabb declared Wisconsin’s same-sex marriage ban unconstitutional.

In 2006 Wisconsin voters amended the state constitution outlawing gay marriage in any form. The ACLU filed the lawsuit in February on behalf of eight couples who believe their constitutional rights to due process were violated consequently depriving them of protections married couples enjoy due to their gender.

Court clerks in Madison and Milwaukee immediately afterward opened their doors to register marriage licenses to gay couples beginning at 5:00 PM on the sixth, just over an hour after the court issued its ruling. Many couples welcomed this opportunity immediately, due in part to a belief among some that this might be a limited window of opportunity before a possible halt to the marriages during an appeals process.

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Constitutional Law, Courts, Politics, Society

Marijuana Retailer Sues City Of Wenatchee, Washington After Denial Of Business License

By Darren Smith, Weekend Contributor

Entreating the GodfatherIn a new twist to the bureaucracy retailers in the fledgling retail marijuana business in Washington face, the City Council of Wenatchee has denied a business license to a retailer approved by the State Liquor Control Board, which regulates the industry, to begin setting up shop.

Shaun Preder, an owner on behalf of SMP Retail, LLC last Tuesday filed a lawsuit against the city in Chelan County Superior Court seeking declaratory and injunctive relief for prohibition of plaintiff’s right to sell marijuana. The declaratory relief sought is for the court to find that the city’s prohibition violates state law codified in RCW 69.50.608 and Article XI Section 11 of the Washington Constitution.

If the city elects to litigate the case there could be ramifications throughout the state and possibly others where recreational marijuana is legal.

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Criminal law, Society

Florida Police Accused of Harassing Citizen Filming in Public and Then Making Anonymous Calls of Possible Crime

florida-cop-frames-activist-masturbation.sivideo cameraThere is a controversy surrounding another confrontation between a police officer and a citizen over filming officers in public. We have been following the continuing abuse of citizens who are detained or arrested for filming police in public. (For prior columns, click here and here). Despite consistent rulings upholding the right of citizens to film police in public, these abuses continue. The latest story has a weird twist. Critics are alleging that, after Michael Burns had a confrontation with Lakeland officer Javier Perez, the officer allegedly placed an anonymous call to claim that Burns was masturbating in his car.

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International, Politics, Society

European Central Bank Introduces The Negative Interest Rate

399px-Logo_European_Central_Bank.svgThings just keep getting rougher for average citizens in Europe. Some have faced government seizure of accounts to help fund government operations and requirements that they explain withdrawals to their banks. Now, the European Central Bank (ECB) is imposing a negative interest rate on banks for their deposits. So, you can keep your money under your mattress or put it in a bank where the bank will use it to earn money while charging you for the pleasure. This is of course the central bank which directly relates to individual banks as opposed to individual depositors. Those banks will now pay to park their money and those costs will be passed along to depositors. Banks are likely going to try to hide the fact that the interest rate is now negative through fees and other measures.

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Lawyering, Politics, Society

General Motors Fires 15 Employees After Internal Report

150px-General_Motors.svgI previously wrote on the scandal at General Motors (GM) over its lethal defect in the ignition switch on various models. Now General Motors has fired 15 employees and disciplined five others after an internal investigation by attorney Anton Valukas. The move raises some interesting litigation issues going forward in the controversy with both civil and criminal elements.

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Academia, Science, Society

Poll: Eleven Percent Of Americans Believe Florescent Bulbs Are A Conspiracy To Control Their Minds And Other Scary Stuff

220px-Poster_for_The_Conspiracy_(2012_Film)Every once in a while, we will get a poll that is truly unnerving like the percentage of Americans who entirely reject evolution or think that the Earth is only a few thousand years old. However, a University of Chicago study on conspiracy theories is enough for you to put on your tinfoil hat and look yourself in your underground shelter. Eric Oliver and Thomas Wood at the University of Chicago found that half of the country holds these conspiracy theories and some are just plain wacky.

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Society

Southwest Fined For Advertising $59 Seats That Did Not Exist

200px-US-DeptOfTransportation-Seal.svg220px-Boeing_737-2A1_N25SW_Southwest_SAT_17.10.75_edited-2Southwest has been fined again for advertising cheap fares on seats that did not exist. The airline advertised on eight Atlanta stations in which the narrator told viewers, “Discover amazing low sale fares” of $59 “to places like New York, Los Angeles and Chicago.” The problem is that, when people went to book the fares, they were told no seats were available.

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Criminal law, Politics, Science, Society

Legal Pot Sales Soar Nationally As Colorado Reports Continuing Increase In Sales And A Decrease In Crime

220px-Cannabis_sativa_leaf_Dorsal_aspect_2012_01_23_0830There is a statistic that I ran across today that I found quite remarkable. Legal cannabis sales in the United States are expected to reach as high as $2.57 billion this year. That is only the sales for medical marijuana in the 21 states allowing its sale. At the same time, Colorado is reporting a continuing increase in legal marijuana sales with $19 million in recreational pot sale for March — up from $14 million from February. The figures reveal the greatest challenge for opponents. As revenues and experimentation increases, there will be greater pressure for legalization. Businesses are likely to take note of a 2.5 billion dollar industry that has taken hold even with the limitations of medical marijuana and less than half of the states participating. Both the money and the public response appear to be moving in favor of the legalization movement.

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Academia, Environment, Politics, Religion, Science, Society

Gallup: Forty-Two Percent Of Americans Reject The Concept Of Evolution In Humans

sisteen chapel ceilingGallup has released a new poll that shows that Americans still reject the concept of evolution of humans in high numbers. Indeed, twice the number of Americans believe that humans were created by God in their current image than there are those who believe in natural evolution. Indeed, those 42 percent believe that man was created by God in the last 10,000 years. That is a considerable difference even if you focus only on anatomically modern humans which appeared in the Middle Paleolithic period about 200,000 years ago. For those who believe in the science behind evolution, the news is not all bad. Nineteen percent believe in evolution without divine involvement while another 31 percent believe that there was evolution from “less advanced forms of life” but that God directed that process. That is fifty percent. Of course, that does appear to leave eight percent that is still . . . well . . . evolving.

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Academia, Congress, Constitutional Law, Courts, Criminal law, Lawyering, Politics, Society

Federal Judge Stops Expulsion Of Duke Student Over Lack of Basic Due Process In Alleged Sexual Assault Case

Unknown-2I have previously written about my concerns over the elimination of basic rights of due process at universities for students accused of sexual assault or harassment under pressure from the Obama Administration. That pressure continues to build this year with the Obama Administration investigating dozens of universities and threatening to take away federal funds if they do not remove certain protections under their rules of adjudication. Now a North Carolina judge has issued a rare order enjoining Duke University from expelling a male student, Lewis McLeod, who was accused of raping a female freshman. The concern over the lack of due process afforded the accused is of course a continuation of the criticism of Duke over its handling of the infamous Duke lacrosse team case. I have previously written about my view that Duke abandoned not just those students but any sense of due process or fairness in joining the mob accusing them of raping a stripper.

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Courts, Criminal law, Lawyering, Society

Florida Judge Allegedly Threatens Public Defender, Challenges Him To A Fight, And Then Attacks Him Outside Courtroom

Unknown-1gavel2If the judges over in Broward County are having trouble staying sober, it appears that anger management may be the challenge for judges in Brevard County, Florida. Judge John Murphy has been accused of saying that he wanted to throw a rock at a public defender and then saying that he wanted to meet him behind the courtroom to “beat your ass.” According to public defender Andrew Weinstock, he proceeded to try to do precisely that. However, no criminal charges have been brought against Murphy and there is no reported judicial discipline proceeding.

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Academia, Environment, Society

Taking The Her Out of Hurricanes: New Study Shows Feminine Named Hurricanes Are More Dangerous Because People Don’t Take Them As Seriously

250px-Cyclone_MonicamalefemaleDespite the carnage like by hurricanes like Katrina, many people still think feminine hurricanes blow like a girl. Researchers at the University of Illinois and Arizona State University have studied hurricanes over the last 60 years and have come to a surprising discovery: feminine named hurricanes are more dangerous because people do not consider them as dangerous and do not take the same precautions as masculine named hurricanes. As a result, they found that female-named hurricanes (like Monica shown left) produced almost double the number of fatalities. The simple difference between naming a hurricane Sam rather than Samantha could be measured in lives.

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Academia, Congress, Politics, Society

A Piece of The Pi: New York Artist Claims Trademark To Symbol π

140px-pi-symbolsvgWe have long discussed the insane evolution of trademark and copyright laws. Now a New York artist Paul Ingrisano, aka “Pi Productions Corp” of New York is claiming that he holds the trademark to symbol π.—pi followed by a period—a design. It is the perfect irrational trademark claim for the ultimate irrational number.

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Academia, Politics, Society

Michigan Teacher Suspended For Showing Video On Segregation And The Use of Black Face

JimCrowThere is a troubling case in Michigan where Alan Barron, a public school teacher at Monroe Middle School, has been suspended for teaching an eighth grade class on racial segregation and discrimination that included a video discussing how white entertainers would once use black face paint. The lesson by Barron, 59, also included discussions of Jim Crow. While the notion of academic freedom is different in elementary and middle schools than on the graduate level, it is still troubling to see such a suspension reportedly based on the simple depiction and discussion of such forms of discrimination. There is no indication that Barron was doing anything more than showing the practices, which are still commonly referenced in books and even contemporary politics. Indeed, we continue to see cases involving black face arise and this lesson gave students background understandings of such controversies. (He has now been reinstated).

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