Category: Society

Congress, Constitutional Law, Criminal law, Free Speech, Justice, Society, Torts

Washington Legislature Bans State Agencies From Releasing Personal Info To Federal Government And Threatens Individuals In Order To Protect Their Fourth Amendment Rights

Submitted by Darren Smith, Guest Contributor

Washington Legislative BuildingThe Washington State House of Representatives have crafted House Bill 2272 titled “The Fourth Amendment protection act” with the purported purpose of protecting state citizens from unwarranted collection of data that is provided to various agencies of the United States government without a search warrant. The act includes provisions that allow for a citizen to be arrested for complying with the U.S. government and sanctions local agencies and employees with even harsher penalties. One has to wonder which is a greater threat to individual liberty, the actions of the federal agencies targeted or this potential state law.
Continue reading “Washington Legislature Bans State Agencies From Releasing Personal Info To Federal Government And Threatens Individuals In Order To Protect Their Fourth Amendment Rights” →

Society

UPDATE: Sherman Fined By NFL For Unsportsmanlike Conduct On Field

Richard-sherman-618x400At the risk of intruding upon our weekend bloggers, I wanted to post an update to our prior posting on the Seahawks’ cornerback Richard Sherman. Sherman has now been fined by the NFL, not for his infamous post-game interview, but his unsportsmanlike conduct on the field after the final play against the San Francisco 49ers. He will pay almost $8000 for his taunting of San Francisco 49ers wide receiver Michael Crabtree. As someone who has long objected to increasing example of poor sportsmanship (as well as excessive celebration) incidents in football, I believe the fine is well deserved, though (as I previously stated) I felt Crabtree also acted in a rude manner in refusing to shake Sherman’s hand and shoving Sherman’s face mask. I would have liked to see him fined as well.

Continue reading “UPDATE: Sherman Fined By NFL For Unsportsmanlike Conduct On Field” →

Bizarre, Courts, Justice, Lawyering, Politics, Religion, Science, Society

Well, You’re Back In Kansas Now: Sperm Donor Ordered To Pay Child Support

By Mark Esposito, Weekend Contributor

11860837
The Eager To Oblige William Marotta Must Be Wondering If It’s Oz or Kansas

William Marotta is proving Groucho Marx right.  “It isn’t necessary to have relatives in Kansas City* in order to be unhappy, ” Marx quipped in a letter. The classic comedienne may have just been on to something as Marotta has been ordered by a Kansas court to pay support for a child he fathered in Topeka as part of a private artificial insemination contract.

Even though Marotta signed the  contract waiving any legal rights to the child, Shawnee County District Court Judge Mary Mattivi said he must still pay support because the artificial insemination was performed without the involvement of a licensed Kansas physician. The story began– as so many strange ones do  –with an ad on Craig’s List in March 2009 seeking donated sperm. (Wonder if it was in the “free” section?). The authors of the ad were a lesbian couple in Topeka who desperately wanted a child and needed a donor of genetic material.

Continue reading “Well, You’re Back In Kansas Now: Sperm Donor Ordered To Pay Child Support” →

Congress, Constitutional Law, Lawyering, Media, Politics, Society

Oversight Board: NSA Program Is Unlawful And Shows No Evidence Of Preventing Terrorism

NSA logo smallPresident_Barack_ObamaYesterday, the Privacy and Civil Liberties Oversight Board released a report concluding that the National Security Agency’s massive surveillance program is “illegal and largely ineffective.” The report agrees with a prior federal court ruling that the program is facially unconstitutional. President Obama continues to defend the program and refuse to end it. What is most notable is, like the earlier federal court, the board found no evidence of the program being used to prevent a single terrorist attack despite statements from the Administration claiming the contrary. Civil libertarians are often opposed by people claiming such success of classified programs. However, now a federal judge and a board with access have debunked such claims.

Continue reading “Oversight Board: NSA Program Is Unlawful And Shows No Evidence Of Preventing Terrorism” →

Bizarre, Criminal law, Lawyering, Society

Ohio Prosecutor Refuses To Bring Case To Grand Jury After Police Officer Allegedly Watches Porn and Masturbates With Young Boy and Later Flees From Police

vitte_ricky_jrStierwalt0005_ppThere is a disturbing case out of Ohio where an Ohio State Highway Patrol trooper reportedly admitted to sexual encounters with a boy five years ago but will not face any criminal charges. (However, the trooper now denies those allegations). Trooper Ricky Vitte Jr. (left) has a history of domestic violence and admitted that he watched pornography with the boy and then they masturbated. He insists that he was trying to help the boy and was not engaging in the conduct for sexual gratification (at least not direct at the boy). It appears that Vitte will also continue as an officer with the state patrol after Sandusky County prosecutor Tom Stierwalt (right) refused to bring the case to a grand jury.

Continue reading “Ohio Prosecutor Refuses To Bring Case To Grand Jury After Police Officer Allegedly Watches Porn and Masturbates With Young Boy and Later Flees From Police” →

Criminal law, Society

Not Such A Goodfella: Mobsters Arrested After FBI Finds Evidence In The Home Of Jimmy “The Gent” Burke

70898091660612306220px-GoodfellasIf you loved the film, The Goodfellas, you will love this story. Remember that score that had Henry Hill (Ray Liotta) screaming with joy in the shower? The Lufthansa heist? Well, the FBI just arrested Vincent Asaro of Queens and four others for the 1978 heist.

Continue reading “Not Such A Goodfella: Mobsters Arrested After FBI Finds Evidence In The Home Of Jimmy “The Gent” Burke” →

Society, Torts

“Live For Now”: Consumer Reports Issues Warning About Possible Carcinogenic Chemical In Soft Drinks

220px-Pepsi_targeted_ad_1940s220px-Pepsi_logo.svgThere is a startling Consumer Report announcement this week that the respected organization has found a suspected cancer-causing chemical, 4-methylimidazole, or 4-MEI, in soft drinks. The presence of a human carcinogen will alarm many parents given the consumption of such drinks by children. The largest brand slammed in the report is Pepsi. It certainly makes the company’s “Live For Now” slogan a bit more menacing.

Continue reading ““Live For Now”: Consumer Reports Issues Warning About Possible Carcinogenic Chemical In Soft Drinks” →

Bizarre, Criminal law, International, Society

British Reformers Propose Ban On Pointy Kitchen Knives

300px-Chef's_KnifeWhat will happen to Col. Mustard in the dining room with the kitchen knife? It is not just Clue aficionados that will be effected by a new reform being proposed in England, pointy kitchen knives may soon be a thing of the past. A group associated with West Middlesex University Hospital is proposing a ban in the British Medical Journal on pointy kitchen knives as unnecessary from a culinary standpoint and downright dangerous from a crime standpoint.

Continue reading “British Reformers Propose Ban On Pointy Kitchen Knives” →

Criminal law, Lawyering, Society

Illinois Man Sells Drugs To Judge . . . Man Faces 11 Years While Judge Faces 18 Months In Jail

5277add4c1c8f.preview-300cook-michael-150x150Former St. Clair County Circuit Judge Michael Cook (left) is no doubt facing a nightmare after pleading guilty to buying and using heroin while on the bench. However, he is still far better off than his supplier, Sean D. McGilvery (right) who is looking at a 10 to 11 year prison term for the crime.

Continue reading “Illinois Man Sells Drugs To Judge . . . Man Faces 11 Years While Judge Faces 18 Months In Jail” →

Congress, Society

Tax-Free “Charity” NFL Paid $29.5 Million To Commissioner And Only $2.1 To Charity

125px-National_Football_League_2008.svg220px-Roger_Goodell_at_Super_Bowl_43There has long been a controversy over the tax-free status of the National Football League, which racks in massive profits while claiming to be a charity. The latest figures will only deepen that controversy. In 2012, the NFL gave only $2.3 million to charity and virtually all of that went to the NFL Hall of Fame. In the meantime, it gave NFL commissioner Roger Goodell $29.5 million for what many consider the greatest – and easiest — job in the world. Through creative bookkeeping, the NFL is also claiming to be actually in the red by some $316 million.

Continue reading “Tax-Free “Charity” NFL Paid $29.5 Million To Commissioner And Only $2.1 To Charity” →

Constitutional Law, Criminal law, Free Speech, Politics, Society

Florida Candidate Interviewed By Secret Service After Calling For Obama To Be Tried And Hanged

156482_223545827783750_183494050_nPresident_Barack_ObamaThe United States Secret Service has interviewed a Republican candidate for the Florida House of Representatives after he made a comment on Twitter about the need for President Obama to be tried and hanged for his crimes. It was a uniquely stupid tweet but the controversy again raises the question of the federal law making threatening language against the President a crime. For years, elementary students, journalists, and even cartoonists have found themselves being confronted by Secret Service over comments or pictures deemed threatening. The effort is chilling for the first amendment and inimical to political speech.

Continue reading “Florida Candidate Interviewed By Secret Service After Calling For Obama To Be Tried And Hanged” →

Congress, Constitutional Law, Courts, Criminal law, Lawyering, Politics, Society, Supreme Court

Supreme Court Takes Up Major Case On The Limits Of Restitution

Supreme CourtToday, the Supreme Court will consider a case that has not attracted national attention but remains in my view one of the most important of the term, a classic “sleeper” case where the legal issues have sweeping potential. The case involves 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.

Continue reading “Supreme Court Takes Up Major Case On The Limits Of Restitution” →

Academia, Constitutional Law, Free Speech, Media, Politics, Religion, Society

Florida High School Student Expelled After Disclosure Of Work In Porn Industry

Robert-Marucci-TFNJ_0We have previously discussed the increasing discipline of both students and teachers for conduct outside of the schools. Now a case in Central Florida raises a significant free speech issue after a student was kicked out of his high school, Cocoa High School, for working in the porn industry. At first glance, this might appear reasonable but the problem is that Robert Marucci is 18 and therefore allowed to work in the industry. The industry itself is legal. Thus, the school has expelled a student for engaging in lawful conduct that many feel is morally repulsive.

Continue reading “Florida High School Student Expelled After Disclosure Of Work In Porn Industry” →

Academia, Bizarre, Society

Smartie Heads: School Officials Warn Of The Danger Of Nasal Maggots In Latest School Fad

hqdefaultAs parents, many of us have an ever-expanding list of things to worry about for our children. We can now add “nasal maggots.” That’s right, nasal maggots. School officials are warning parents in Rhode Island that students are snorting Smarties and the latest fad is causing allergic reactions, lung irritations, and potential maggots in the nasal cavities.

Continue reading “Smartie Heads: School Officials Warn Of The Danger Of Nasal Maggots In Latest School Fad” →