Category: Society

Two Former LA Sheriff Deputies Charged With Planting Guns At Marijuana Dispensary

180px-Patch_of_the_Los_Angeles_County_Sheriff's_Department123px-Badge_of_the_Sheriff_of_Los_Angeles_County,_CaliforniaTwo former Los Angeles County sheriff’s deputies have been charged with planting guns at a medical marijuana dispensary when they were on the force in 2011. Julio Cesar Martinez, 39, and Anthony Manuel Paez, 32, were charged with one felony count each of conspiracy to obstruct justice and altering evidence as a peace officer. The charges could result in seven year stints. The two officers allegedly turned off the electricity and a security camera system inside the dispensary as they planted guns later cited as the basis for the arrests.

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“Slip-And-Fall” Lawyer Commits Suicide in the Midst of Massive Fraud Investigation

Andrew_gaberPennsylvania lawyer Andrew H. Gaber, 52, has committed suicide shortly before he was due to be tried in an insurance fraud case that now involves dozens of alleged runners and false “slip-and-fall” claimants. Gaber reportedly shot himself on April 15th.

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Afghan Security Guard Kills Three Doctors At Hospital . . . Other Doctors Then Save Attacker’s Life In Surgery

medical symbol220px-AK-47_type_II_Part_DM-ST-89-01131Two American doctors — a father and a son — were killed by an Afghan security guard at a Kabul hospital this week as well as a third doctor. The guard also wounded two others, including an American nurse. The Taliban and extreme Muslim clerics have called for attacks on foreigners, including those who are in the country to feed and heal Afghan citizens. What is most striking about this story is that, after gunning down innocent doctors and nurses, the life of the guard was then saved in surgery at the very same hospital by doctors that he did not shoot.

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Supreme Court Vacates Jane Doe Child Pornography Restitution Case

Supreme CourtWe previously discussed the case of Doyle Randall Paroline, who pleaded guilty in Texas in 2009 to possessing child pornography. He downloaded hundreds of images and two were found to be child pornography dedicating the abuse of Amy. After pleading guilty, Paroline was hit by $3.4 million in restitution damages for Amy even though he had no role in her victimization nine years earlier or any role in the production or distribution of the two photos. The United States Court of Appeals for the Fifth Circuit found that the federal restitution law does not require “proximate causation” — a critical limitation in torts and criminal law that ensures that liability is confined to those parties immediately responsible for injuries. I have criticized the expansion of restitution in this area for years and I spoke with NPR’s On The Media on the case. The Court has now ruled and reversed the Fifth Circuit in a 5-4 decision. As discussed with regard to yesterday’s decision in the Michigan affirmative action case, my Supreme Court class votes on the merits and predicted outcome of the major cases of the term before the Supreme Court. On this occasion, the vote was 8 to affirm and 6 to reverse. The latter “reversal” is closest to the outcome in the case. On prediction, the vote was 11 to 2 in favor of affirming so we were way off on the prediction on this one.

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“Shared Pain” or “Genocide”? Turkey Apologizes For Deaths Of Armenians

260px-MarcharmeniansTurkish Prime Minister Tayyip Erdogan offered what the government described as unprecedented “condolences” for the killing of Armenians in the First World War. The “apology” however is likely to be viewed as manifestly inadequate for those who have long demanded that Turkey acknowledge the killings as “genocide.” There remains a sharp historical debate over the killings though countries like France tried to end that debate by criminalizing arguments that this was not a genocide. The overwhelming world opinion however is that this was genocide and that Turkey continues to offer a revisionist history to its students and citizens. This statement comes as the country approaches the 100th anniversary of the killings next year. Turkey continues to deny that 1.5 million people were killed in 1915.

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Easter Egg Hunt Interrupted By Fatal Fall of Skydiver

20140422_inq_jwing22z-aThe Easter Egg hunt of the Dye family of New Jersey was interrupted by a rather unexpected event: the fatal fall of a skydiver. Arkady Shenker, 49, had jumped around 13,500 feet wearing a “wing suit” that might have malfunctioned. The result was tragic for everyone and could lead to some interesting tort liability questions.

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Supreme Court Declares States Can Bar Racial And Other Preferences In University Admissions

Supreme CourtI was just on CNN discussing the decision in Schuette v. BAMN, reversing the United States Court of Appeals for the Sixth Circuit and declaring that the citizens of Michigan have the constitutional authority to prohibit racial and other preferences in university admissions. We addressed this case this term in my Supreme Court class and the students voted not only in the same way as the majority today but predicted this result. What was surprising was the vote — 6-2. Only Justice Sotomayor and Ginsberg voted to upheld the Sixth Circuit.

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21,000,000

We only recently passed the 20,000,000 mark last February but we just hit 21,000,000, according to WordPress. Congratulations everyone. This has been a banner year for the site with a continuing increase in traffic, links on other sites, and new voices on the blog. These milestones are coming faster and they give us a chance to look at the spread of our regular readers and commentators. As always, I want to offer special thanks for our weekend contributors: Mark Esposito, Eliane Magliaro, Mike Appleton, Larry Rafferty, Charlton Stanley and Darren Smith. The increasing traffic on the site is gratifying and reaffirms that there are many people looking for mature and civil debate. Even among the top ten sites, I believe that we offer a unique forum of different views and backgrounds in the discussion of law and politics (and a few quirky items).

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“Living Beings Capable of Feelings”: French National Assembly Move Toward Major Change In Status Of Pets

dogwithballsThe French National Assembly have moved toward changing part of the Napoleonic Code and finally recognize that pets are not simply “movable goods” but “living beings capable of feelings.” The new law would allow owners to sue over pain and suffering caused by negligence or wrongful killings. That leads to a rather interesting potential conflict with U.S. law.

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Bored With Beards?

By Mark Esposito, Weekend Contributor

walter relighWant that Sir Walter Raleigh look to entice the opposite (or even the same)  sex and alleviate your morning shaving bump ritual? Well, you can avoid the shaving but your attractiveness to the object of your affections might depend more on the frequency of your biological competitor’s facial hair than your own or so says a new study out of Australia. Evolutionary biologist Zinnia Janif wanted to know if  sexual attractiveness was enhanced by facial hair and if so to what degree. Her researchers at the University of New South Wales in Sydney, Australia, showed photographs of 36 men who volunteered to grow facial hair for a month to 1453 women and 223 men. The photographs were filmed at identical angles and with exactly similar lighting conditions and depicted the subjects at four stages of growth: clean-shaven, light stubble (5 days), heavy stubble (10 days), and full hipster beard (4 weeks). The female viewers were either heterosexual or bisexual and the male viewers were all heterosexual.

Janif’s premise was that evolutionary biological traits might depend on the frequency of the trait among a given population to decide its advantage or disadvantage. Biologists have long known that some traits don’t depend on the frequency of their occurrence to provide an evolutionary advantage. Things like stronger wings or longer leg bones always provide an advantage for predators in chasing down prey but studies of color variations in guppies suggested that oddball colors were only an advantage to this aquatic prey if the frequency was small. Predators, it seems, get better at deciding what to eat if the differently colored guppies aren’t too numerous. So the advantage of the rare coloration begins to disappear as the trait becomes more common. Continue reading “Bored With Beards?”

Van Full Of Federal Officers Reportedly Accuse Driver Of Causing Collision . . . Dashcam Shows Clearly That Van Caused Accident

CBP_BadgeA website has posted an extraordinary video (below) showing not only the abusive treatment of a citizen by border and local police, but highly compelling evidence of a false police report by a driver to cover up his own illegal turn that caused an accident in New York City. The driver, Ted, had installed a Timetec Roadhawk Dashcam out of fear of unlawful traffic stops. It was a fortuitous decision because it would capture what he says was a false charge and abusive treatment by law enforcement officers — following by a false police report. By the way, the postings report this as a Border Police vehicle but it appears a van from the Customs and Border Protection (CBP).

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French Institute Loses Over Two Thousand Vials Of SARS

220px-vial_examples220px-Centre-medical-de-l'institute-pasteurA story this week caught my eye: Paris’ Pasteur Institute has disclosed that it lost thousands of tubes of samples of the deadly Sars coronavirus. I read the story with a mix of astonishment and irritation. As I have previously discussed, I represented Dr. Thomas Butler, a former Texas Tech professor, who was criminally charged after he revealed that a small number of vials containing bubonic plague samples had disappeared — possibly sanitized by accident. Butler self-reported the loss and was immediately the subject of a bizarre FBI investigation by the Bush Administration and former Attorney General John Ashcroft. He was later hit with a series of national security charges and labeled “Dr. Plague” by the media. While the jury rejected virtually all of the national security counts but a minor allegation on shipping (unrelated to the missing vials), the world’s leading expert on plague was still sent to jail. The Pasteur Institute lost 2,349 vials and the French government is correctly treating it as a non-criminal matter.

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