Category: Society

Michigan City Moves To Criminalize Swearing

250px-Downtown_Brighton_Michigan_Grand_River_Avenuenicubunu_open_mouthFor 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.

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Federal Court Holds Hearing On Potential Sanctions and Special Master’s Investigation In World Bank Protest Case

200px-World_Bank_Logo.svgThis 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.

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Ohio Woman In Injured When Police Throw Her To Ground, Pry Open Her Mouth, And Arrest Her . . . After Taking Tylenol

article-2629393-1DDF609500000578-147_634x461Below 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.

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Toxic Treats: Chinese Dog Treats Linked To Over 1000 Deaths

blind_dogChina's flagWe 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.

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GM Speak

By Mark Esposito, Weekend Contributor

gmrecallLoose lips sink ships and auto manufacturers, too, it seems. Lost amid much of the commotion on Friday surrounding GM’s agreement to pay the largest possible fine ($35 million) for failing to recall defective ignition switches in its Cobalt car line which are linked to 13 deaths already, was a 2008 presentation GM made to its employees.  Made during the public bailout of GM by American taxpayers, the presentation obviously was designed to thwart plaintiff’s discovery in similar product liability law suits. The mandatory video outlaws certain words from GM’s internal correspondence which are routinely used to demonstrate exactly what the auto giant knew and when it knew it in court. These internal memos are crucial to determining  the then prevailing sentiment about auto safety issues by the people who knew it best — the engineers and scientists who design and test the cars.

Burned already by damaging emails, GM directed its employees to refrain from words like, “Hindenburg,” “powder keg,” “Titanic,” “apocalyptic,” “You’re toast,” and “Kevorkianesque.” They weren’t too keen on certain phrases either, like “This is a lawsuit waiting to happen,” and “Unbelievable engineering screw-up.” The masters at GM found such language to be “examples of comments that do not help identify and solve problems.”

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School Made Third Grade Student Pay To Use Bathroom

By Darren Smith, Weekend Contributor

Evergreen Public School District LogoThe mother of a third grade girl attending Mill Plain Elementary School in Vancouver, Washington is demanding changes in a school room program where students are required to pay to use the bathroom. The program was to be a lesson in money management where students received and worked for Monopoly Money to buy items in the classroom but the teacher required a payment of M$50.00 in order to use the bathroom.

Jasmine Al-Ayadhi told reporters her nine year old daughter, Reem, did not want to pay to use the bathroom and ultimately had an accident, causing her both discomfort and having to endure teasing by other children. In agreeing with the need to teach children the value of money Jasmine said, “Work for your money, to earn it, to buy like a little toy or a little squirt gun or a little ball. When it comes to a bathroom issue, when a child has to pay money to use the bathroom – that’s wrong. It’s inhumane. That’s a health issue.”

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Sudanese Judge Imposes Death Sentence On Woman Who Allegedly Converted To Christianity And Later Married

By Darren Smith, Weekend Contributor

Merriam's WeddingA twenty seven year old Christian woman, who is presently eight months pregnant, has been sentenced to death by hanging for apostasy and adultery. Having been born to a Muslim father, the Sudanese government contends that Meriam Yahia Ibrahim Ishag, was Muslim and that she later converted to Christianity before marrying her South Sudanese husband, a Christian. Sudanese law considers marriages between Muslims and non-Muslims to be invalid. Under Sudan’s interpretation of sharia, a Muslim woman cannot marry a non-Muslim man and any such relationship is regarded as adulterous. Thus, her pregnancy is considered to be resulting from an adulterous relationship, punishable by one hundred lashings.

Judge Abbas Mohammed Al-Khalifa sentenced Meriam to death and declared:

“We gave you three days to recant but you insist on not returning to Islam. I sentence you to be hanged,” The judge addressed her by her father’s Muslim name, Adraf Al-Hadi Mohammed Abdullah.

Ms Ishag reacted without emotion when the judge delivered the verdict at a court in the Khartoum district of Haj Yousef. Earlier in the hearing, an Islamic religious leader spoke with her in the caged dock for about 30 minutes. Then she calmly told the judge:

“I am a Christian and I never committed apostasy.”

Amnesty International said Ms Ishag was raised as an Orthodox Christian, her mother’s religion, because her Muslim father was absent.

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Justified Homicide Or Just Bad Kaarma? Montana Man Accused Of Laying Trap In Killing German Exchange Student

article-2626808-1DCE739600000578-307_306x600I was recently interviewed about the highly troubling case involving the killing of German exchange student Diren Dede (left) in a Montana garage. The shooter was Markus Kaarma who has been charged with deliberate homicide after he allegedly set up a trap for Debe with bait, motion cameras . . . and the state’s castle doctrine law.

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California Police Accused Of Mistaking Teen For Murder Suspect, Shooting Him, And Then Lying About His Brandishing Two Knives

KevionYoung1There is a disturbing report out of San Bernardino County where Sheriff’s deputies claimed that they fired 13 rounds, wounding Keivon Young. Young, 18, had been mistaken for a murder suspect, Robert Pope, yet the police did not identify themselves. However, they said that Young was “sneaking through the people’s front yards and hiding behind bushes” and fired after he reached into his waistband and “withdrew two knives.” Young’s attorney says that police transcripts show that the knives were discovered after the shooting.

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A Right Without A Remedy: Former Drake Law Student Loses Lawsuit Against School Over Alleged Ban On Service Animals

220px-Service_Dog_in_Oslo_2013mtHome-lawSchoolSealThere is an interesting decision out of the Iowa Supreme Court in a case brought by former Drake University law student, Nicole Shumate, who sued over the refusal to allow her to bring a service dog in training into the school. The court ruled that, while state law requires such access, the law does not afford a private right of action to enforce the provisions of the law.
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Taser Tots: Indiana Police Taser Ten Year Old Boy At Day Care

180px-Taser-x26We have previously discussed the increasing use of tasers by police in circumstances where other avenues were available, including cases involving young children (here and here and here and here and here and here) or the elderly (here and here and here and here). Now we have a case where two Indiana police officers tasered a 10-year-old, 94-pound boy at the Tender Teddies Day Care in Martinsville.

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California Courts Lay Off Hundreds, Close Courts, and Even Hold Garage Sales To Deal With Budget Cut

220px-Tag_Sale_Sign260px-Bulloch_county_courthouse_statesboro_georgia_2005We have previously discussed the lack of priority in this country as Congress has spent trillions on wars and corruption in Iraq and Afghanistan while our most basic state and federal public programs and services are cut. Indeed, we spend billions on increasingly hostile countries like Pakistan or affluent countries like Israel while our educational system and infrastructure collapses. There is no greater example of that lack of priority than the decline of our court systems which are woefully underfunded and facing a growing crisis in dealing with civil and criminal cases. I often speak to judges and they all complain that they are overwhelmed and unable to meet the most basic demands of the legal system. In California, one court had to resort of a garage sale while another is imposing a $1 a page charge for people to get copies of needed court records. Our legal system is one of the most basic governmental functions — the very definition of a nation committed to the rule of law. However, California alone shows how dire the situation has become.

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A New Post-Schuette Challenge? UCLA Professor Accuses School Of Circumventing State Ban On Use Of Race In Admissions In New Book

image_previewUcla_logoWe recently discussed the Supreme Court’s landmark decision in Schuette v. BAMN that states, like Michigan, can prohibit any use of race in admissions in a “color-blind” state entrance system for colleges and universities. Now, a leading school in one of the states with such a color-blind rule is being accused of violating state law by one of its professors. Tim Groseclose, a political science professor at UCLA, has posted data that he was able to obtain from the school that he argues is proof of “cheating” by school officials who refuse to comply with the state law. The question is whether this will be the basis for a post-Schuette challenge in states like California.

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Things That Tick Me Off: The Federal Aviation Administration

FAA logo220px-United_Airlines_-_N14219_-_Flickr_-_skinnylawyer_(1)It is now time for another addition of “Things That Tick Me Off” — my opportunity to vent frustrations and petty injuries to a captive audience. Today’s recipient is the Federal Aviation Administration. As some of you might have followed on Twitter, last night was an unmitigated nightmare as I returned from Chicago after a speech. It was bad enough to get a horoscope before a speech telling me to avoid speaking at all costs, but then the fire alarm was triggered at an FAA facility on Tuesday — forcing flights at both O’Hare and Midway to a grinding halt — it triggered a series of events that grew increasingly bizarre. Indeed, yesterday was clearly the result of my ignoring my horoscope and speaking despite the fateful warning. My frequent flyer Odysseus moment.

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Brazilian Police: Please Don’t Scream When You Are Being Robbed

250px-Palioviatura_pmespThe Sao Paulo police are distributing a pamphlet for tourists coming to the country for the World Cup next month and presumably those who will be coming for the next Olympics. The police strongly encourage people not to “react, scream or argue” because that will only make robbers angry or nervous and push them to greater acts of violence. It is probably sound advice but the optics are not great for a country accused of rampant corruption and abuse in the police forces as well as runaway crime.

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