Category: Society

Time to Clean House at J-PAC?

Joint_POW-MIA_Accounting_Command_seal

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

As the son of a fallen Air Force pilot whose remains were never found, I am sensitive to the plight of family members of servicemen and women whose remains may be recoverable, but yet are still not identified.  There are multiple military and defense department agencies who are responsible for locating and identifying the remains of veterans from World War II, Korea and Vietnam and Cold War missions.

The purpose of this article is to examine the efforts of just one of those agencies.  The Joint Prisoners of War/Missing in Action Accounting Command, or J-PAC, is an example of an agency that is crucial to both locating and identifying remains, but because of bureaucratic constraints, outdated methods and the possible stubbornness of its scientific head, has produced very little results at a very expensive cost to the taxpayers. Continue reading “Time to Clean House at J-PAC?”

The Height of Hypocrisy: Paralyzed Arkansas Legislator Sponsored Self-Serving Changes to Medicaid Law in His State While Voting Against Medicaid Expansion for the Needy

JoshMillerArkansasSubmitted by Elaine Magliaro, Weekend Contributor

Last week, I wrote a post about Josh Miller (Not All Needy People Are As Deserving As Others), a young Republican state legislator from Heber Springs, Arkansas. Miller, who was paralyzed more than a decade ago in a catastrophic car accident, has been able to live a productive life due to the medical benefits he has received from both Medicare and Medicaid. Yet, this young state senator has spoken out against Medicaid expansion in Arkansas. Some of us find his stance on this issue to be hypocritical.

This past Tuesday, lawmakers in Arkansas voted to continue allowing the state “to use Medicaid dollars to buy private health-care insurance for poorer residents, overcoming resistance from some Republicans who said the program amounted to an endorsement of the Affordable Care Act.” According to the Wall Street Journal, Arkansas became the first state “to offer a ‘private option’ to extend coverage to lower-income residents…” Supporters of the program saw the private option “as a way to accept federal dollars and cut the number of uninsured residents without enlarging Medicaid.”

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Former Vice-Principal To File Lawsuit Against Catholic Church Over Termination For Gay Marriage

Submitted by Darren Smith, Weekend ContributorEastside Catholic Church Logo

Mark Zmuda announced he is suing Eastside Catholic school and the Seattle Archdioceses for wrongful termination after he legally married his male partner. The case stems from his employment as vice-principal to the school was satisfactory for years and that after he announced he had married his male partner, he was given an ultimatum to divorce his spouse or his employment with the school would be terminated. Mark refused to divorce and was fired.

Employment Attorney, Jeffrey Needle, stated the case is likely to go to the appellate courts and potential the state supreme court for its precedent setting nature. The church counters Mark’s claim, proffering its status as a religious organization which holds tenets that bar gay marriage. However, a recent state supreme court decision might prove difficult for the church to support that position.
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Arizona’s Discrimination License: A Mark Fiore Political Cartoon Video

Submitted by Elaine Magliaro, Weekend Contributor

Mark Fiore said he was thankful that Governor Jan Brewer vetoed Arizona’s “religious freedom” bill last week. If the bill became law, Fiore said, it “would’ve given people carte blanche to discriminate against gay people (and others, for that matter).” Fiore also said what he found most baffling about the whole thing was the existence of a state legislature that would pass such a bill.

California Assemblyman Proposes Law To Limit Excessive Superintendent Compensation After Fiasco At Centinela School District

Submitted by Darren Smith, Weekend Contributor

California Assembly SealPrompted by public outcry into Los Angeles area Centinela Valley School District’s extreme 2013 Superintendent compensation of $633,000.00 that included a $910,000.00 mortgage at half market rate and a million dollar fully funded whole life insurance policy California Assemblyman Al Muratsuchi, who chairs the Assembly Budget Subcommittee on education Finance, said Assembly Bill 2710 would ensure greater transparency and accountability, in part by requiring all local school districts to post the employment contracts of their superintendents online.
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Court Orders Release of Bieber Giving Urine Sample After Lawsuit By Media Organizations

la-na-nn-bieber-arrest-video-20140226Somehow I knew this day would come. Down deep I knew that there would come a time when I had to express sympathy of Justin Bieber. Thanks to the Miami Police and a Florida law that day has come. CBS4 News, the Miami Herald and other media outlets went to court under the state’s open records law to demand videos of Bieber giving a urine sample. This followed Bieber’s arrest after he drag raced a Lamborghini on a residential road in South Beach and admitted to smoking marijuana and taking prescription pain killers. The video showed Bieber urinating and a black box had to be placed over his genitalia by court order of Judge Miami-Dade County Judge William Altfield in the interests of his privacy. What I fail to understand is why the entire video of urinating is not treated as a protected matter for privacy purposes. The demand by these media outfits truly disgusts me but I am more concerned in how this law is being interpreted to publicly release videos of people urinating.

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Oklahoma Attorney Arrested At Prison For Allegedly Smuggling In Sex Toy In Bizarre Fee Trade

w300-s_204959a62524153f48be1bdf0c28c639Oklahoma City attorney, Frank Kirk, 70, is looking at a likely disbarment after his arrest in a bizarre discovery in the Oklahoma City Jail. Kirk is accused of smuggling in a sex toy for a female prisoner to use in exchange for his legal representation. He is now charged with possession of contraband and multiple counts of offering to engage in an act of lewdness. What is interesting is that one of the most serious charges is not his sneaking in a vibrator or the sexual acts but the cellphone that he had with him. It is a felony to bring a cellphone into a prison interview room. What is particularly distressing is that this alleged act of depravity is now the basis for proposed changes limiting counsel and expanding searches. This is a case that by any measure is bizarre and grotesque. It does not reflect either the criminal defense bar and makes for a poor basis for rewriting interview policies in my view. Notably, this was a sting operation so the prison was made aware of the violations and audio taped the encounter.

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United States Ranks 31st in the World on Internet Speed

220px-FibreopticWhat is fascinating about the utter failure of our duopoly of two parties is how they have failed to even do the little things rights. You would hope that, while wasting hundreds of billions, the two parties could at least offer a modicum of help for citizens. This week’s report from Ookla Speedtest offers one clear example. The United States ranked behind Estonia, Hungary, Slovakia, and Uruguay. We are 31st in the world.

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Nigeria Flogs Four Homosexuals . . . Crowd Demands Death

300px-Fomfr_whipThe persecution of homosexuals continues in Nigeria with four young men convicted of homosexual relations and flogged on in open court. The judges and lawyers watched as the men (aged 20 to 22) were laid prostrate on the floor, stripped, and whipped on their buttocks in a demonstration of Sharia justice. The sadomasochistic nature of the punishment appears to have escaped the onlookers. While a crowd outside tried to grab the men to kill them, the court explained that stoning was not needed since the men admitted to homosexual acts previously but said that they were no longer engaging in such relations.

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The Mutt Mandate: Chicago Bans Sale Of Commercially Bred Pets

photoAs many on this blog know, I am a fanatical dog lover and I love virtually everything about my hometown of Chicago (particularly a certain football team). However, I have some serious legal qualms over a new law passed by the Chicago City Council. The City Council has a worthy goal of combating “puppy mills” where dogs are bred in crowded and cruel conditions. The city also wants to increase the adoption of dogs over commercially bred or pure breed dogs. As a result, it has now banned by a vote of 49-1 the sale of commercially bred dogs. (If nothing else, it gives me a chance to run another photo of my dog, Luna.)

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Fuhgeddaboudit: New Jersey Judge Rules Against Teenager In Effort To Force Parents To Pay For College

article-2572711-1C07EFB400000578-224_634x612New Jersey Judge Peter Bogaard has rejected the initial effort of Rachel Canning, 18, to force her parents to pay for her financial support and college. Retired Lincoln Park police Chief Sean Canning and his wife, Elizabeth, insist that she moved out of their house voluntarily after she refused to live according to the rules of the house, including speaking respectfully to them, taking a curfew, reconsidering a relationship with a boyfriend (viewed as a bad influence) and doing chores. She said that they kicked her out as soon as she turned 18. However, the problem is that she is indeed 18 and the idea of forcing parents to pay for schooling after the age of majority is a problematic one. She has accused her father of being “inappropriately affectionate” but an investigation reportedly cleared Sean Canning (shown here with Rachel).

Continue reading “Fuhgeddaboudit: New Jersey Judge Rules Against Teenager In Effort To Force Parents To Pay For College”

Ohio Child Suspended For “Level 2 Look Alike Firearm” (AKA Finger Gun)

220px-gesture_thumb_up_then_down_forefinger_out_like_gun1We have another towering success of the “zero tolerance” rules applied blindly in our schools. Ohio school officials have finally captured and suspended Nathan Entingh, 10, after he pulled a finger gun out at school. That’s right, another finger gun suspension. While these cases have been widely denounced as insane, school officials remain undeterred and continue to hammer children with nonsensical actions. To complete this utter insanity, the family then received a letter informing them that Nathan had been found with a “level 2 look alike firearm.”

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“Fatberg” Liability: New York Dentist Sues Companies Over Flushable Wipes That He Alleges Are Not Flushable

250px-Wet_wipeThere is an interesting products liability lawsuit by a New York dentist, Dr. Joseph Kurtz, 35, against manufacturers of flushable wipes. The wipes have been blamed for massive “fatberg” formations in municipal sewer systems and Dr. Kurtz says that he is out $600 in plumbing bills at this New York and New Jersey homes due to the alleged misrepresentation. He is now seeking unspecified damages in the suit in Brooklyn against Kimberly-Clark Corp. and Costco Wholesale Corp.

Continue reading ““Fatberg” Liability: New York Dentist Sues Companies Over Flushable Wipes That He Alleges Are Not Flushable”

Snay It Ain’t So: Florida Father Loses $80,000 Settlement Over Daughter’s Facebook Posting

gavel2Many parents spend countless hours trying to keep their children off social media sites. Patrick Snay, 69, can claim that his daughter’s busy fingers cost him $80,000. The former head of Guillver Preparatory School in Miami lost a settlement from a discrimination lawsuit against his former school. The agreement came with a confidentiality provision so the school’s lawyers were a bit put out to read a taunting Facebook posting from the daughter that bragged about the settlement and told them to “Suck it.” It did not quite work out that way. The case is Gulliver Sch., Inc. v. Snay, 2014 Fla. App. LEXIS 2595.

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An Inconvenient Symbol: Why The Flag Decision Flies In The Face Of Our Core Values

Below is my column today in USA Today on the ruling out of the United States Court of Appeals for the Ninth Circuit over a ban at a California high school of students wearing tee-shirts with American flags during the Mexican heritage celebration Cinco de Mayo. The opinion is Dariano v. Morgan Hill Unified Sch. Dist., 2014 U.S. App. LEXIS 3790.

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