The public schools in Washington, D.C. continue to set a record for per pupil costs in the nation. The District has long been the most expensive system in the country and reportedly spends roughly $30,000 per student in a system that continues to produce appalling results in national studies. The latest such study is by the respected National Center for Education Statistics which has found that in 2013 83 percent of the eighth graders in these schools were not “proficient” in reading and 81 percent were not “proficient” in math.
Category: Society

We have yet another example of the perversity of justice under Sharia law. The latest case comes out of Iran where university students have filed a criminal complaint against famed actress Leila Hatami, who recently starred in the Oscar-winning film, A Separation. Some Iranians were outraged when Hatami accepted a customary peck on the cheek from Gilles Jacob, the President of Cannes Festival, as she arrived at Cannes Film Festival to serve as a member of the prestigious jury. Not only is such a sign of affection a crime in the Islamic Republic but (gasp) Hatami was wearing a head scarf that did not entirely cover her hair from being seen by men. She is now subject to jail and flogging under article 638 of Islamic Criminal Justice. The Sharia law calls for 50 lashes.
I recently discussed the impact of federal drug sentencing laws on the federal judiciary and correctional systems at the Seventh Circuit Conference in Chicago. A Texas case this week shows how such cases also inundate the state systems, including cases involving only marijuana. While marijuana possession and sale has been legalizes in Colorado and Washington, Texas continues to take a hardline approach to such cases. Jacob Lavoro is looking at a possible sentence of life in prison after being caught with 1.5 pounds of brownies and 1 pound of marijuana as well as $1,675 in cash.
Continue reading “Texas Teen Faces Five To Life For Selling Pot Brownies”

For months, the Obama Administration has been dealing with the growing revolt among the states over federal marijuana laws. Twenty states and the District of Columbia legalized medical marijuana use over the opposition of the federal government and medical use. Two states, Colorado and Washington, have legalized the sale and possession of marijuana. It is a classic conflict between states and the federal government under federalism. Some of us view the states as asserting a classic police power in an area that was left to the states under our federalism principles. Now the Obama Administration has said that it will withhold water from state-licensed pot growers in Washington state and Colorado. The decision by the U.S. Bureau of Reclamation is particularly problematic given the fact that the federal government has stepped in to take effective control of the water resources in these states and now appears to be using that control to try to coerce states to change their laws to satisfy the federal government.
Washington’s city government has long been a symbol of poor management, wasteful programs, and gross inefficiencies. That image was reaffirmed this month after the city turned a program to replace trash bins into an utter disaster. Shortly before the primary election, Mayor Vincent C. Gray (D) rushed the new cans out to every citizen. The program was so rushed that there appeared to be no system in place to collect the old cans. Now, it appears that the city has not only been chucking new cans but it has not been recycling the plastic cans — simply pumping them in Virginia for incineration. However, the city charged two people who tried to reuse the discarded bins.

There is an interesting decision out of Geneva where Switzerland’s Federal Tribunal, their top court, ruled that a Nazi salute is not a criminal gesture if it meant as a personal statement. For Americans, it is a decision that may seem oddly framed since we treat such gestures as clearly protected. However, given the criminalization of Nazi symbols in Germany and France, the ruling is viewed as a more liberal approach to free speech. Even jokes have been criminalizes in England and France.
Momentum continues to grow across the country as another federal judge, this time in Pennsylvania, struck down a state ban on same-sex marriage. The decision of U.S. District Judge John E. Jones III brings the number to 19 states where such marriages are now legal. Such court-ordered changes do not necessarily reflect as significant change in public opinion though a recent polls shows a record 55 percent in support of this basic right. Twelve district courts have now struck down such laws. The case is Whitewood v. Wolf, 2014 U.S. Dist. LEXIS 68937 (May 20, 2014) (M.D. Penn.).
Continue reading “19: Pennsylvania Federal Judge Strikes Down Ban On Same-Sex Marriage”
After his 2-1 reversal of his conviction for money laundering, Tom DeLay is back raising money for a new campaign: the Josiah Project which seeks to reintroduce faith and morality into politics. In one interview with Matthew Hagee, the son of controversial paster John Hagee, DeLay lamented the lack of morality in Washington and “the Hammer” added a celestial framer to the usual list of Madison, Mason, and others.
Below is my column this week in American Legion Magazine which juxtaposed my view of the Obama presidency with the opposing view of William Howell, the Sydney Stein Professor in American Politics at the University of Chicago. Notably, a ranking member of the Administration this week wrote that more executive actions are being planned by the White House. These opposing articles capture the two very different perspectives of the evolving use of executive power in our tripartite system.
Continue reading “A Question of Power: The Imperial Presidency”

Yes, it is time for another installment of “Things that Tick Me Off,” the category where I allow myself that chance to vent about something that is so annoying that I must vent to retain my sanity. Over the years, I have complained about the mounting fees on planes and hotels (here and here). A particular pet peeve is the fact that high-end hotels routinely charge for wi-fi while lower priced hotels do not. When I stayed overnight in Vegas, I encountered the latest scam by hotels – a bait and switch made possible by sites like Expedia. I stayed at the New York, New York hotel and it was my first encounter with the “resort charge” for “free wi-fi.” This followed an equally misleading notation about the Renaissance Hotel which not only did not provide free wi-fi in the room but my stay included the “disappearance” of my fitbit watch for good measure. When I travel, I often leave notes for myself in the future and anyone who may be interested. So here it is.
Continue reading “Things That Tick Me Off: Vegas “Resort Fees””

Richard Humphrey, 26, of North Ridgeville, Ohio was sentenced to 29 months in prison for selling pirated copies of movies in 2010. Once in prison, Humphrey was a bit surprised when he sat with other prisonsoners watching clearly pirated movies shown by the state. One can certainly understand his confusion, particularly when it came out that prison officials had knowingly used pirated movies like “Ride Along” and “The Wolf of Wall Street” before they were released on DVD.

For many years, I have questioned the constitutionality of criminalizing swearing (here and here and here and here). As many know on this blog, I do not like profanity and we delete such comments on this site. However, we are a private site. The issue changes dramatically when people are arrested for foul language and subject to penal sanctions. It is part of the criminalization of America where pet peeves of politicians are ramped up to criminal offenses to make a point. The latest such move is found in Brighton, Michigan (shown here on Main Street) where police will be charging people with disorderly conduct for swearing. They just will not say what will constitute criminally foul language.
Continue reading “Michigan City Moves To Criminalize Swearing”
This afternoon, United States District Court Judge Emmet G. Sullivan will hold a hearing in the Chang litigation over the mass arrests during the World Bank/IMF protests. The hearing was called to specifically explore the possible sanctions to be imposed against the District of Columbia and the status of the Special Master’s investigation and litigation. Since I am co-lead counsel with my colleague Daniel Schwartz of Bryan Cave, I have been circumspect in any public comments in the case. However, to reduce calls to my office, we have been posting the relevant information and filings for hearings in the case. The hearing will be held at 11:30am in courtroom 24A on Tuesday, May 20, 2014 at the federal courthouse in Washington, D.C.
Below is a disturbing video from the Summit County (Ohio) jail where Siobhan Householder, 35, is shown being thrown to the ground and having her jaw pried open by deputies because she had taken Tylenol while waiting in a prisoner-holding room. She was merely at the jail to have a warrant lifted so she did not appear in custody. Indeed, she was left with her purse, soda, and other items as she waited. What followed was highly shocking.

We have had a steady stream of tainted food and defective products from China, which is notorious for its lack of environmental and product safety enforcement. Now, more than dog deaths are believed to be linked to “toxic treats” from China and, given the under-reporting of such deaths, the number could be far higher. There have been roughly 5000 complaints since 2007 about jerky treats and pet deaths or illnesses.
Continue reading “Toxic Treats: Chinese Dog Treats Linked To Over 1000 Deaths”