There is an interesting case out of Iowa City where Levi B. Carter, 28, has been charged with drunk driving. Nothing uncommon there. However, Carter was arrested at his home after a passenger called police following a crash into a street sign. He was found at home with a blood alcohol content nearly six times the legal limit.
Category: Society
By Mark Esposito, Guest Blogger
This is the second of a multi-part article on the Public Interest Defense and its application to the the Edward Snowden situation. The defense is not recognized in America but other nations have considered this legal mechanism to provide an appropriate way to deflect criminal charges from whistleblowers like Snowden. You can read the first installment of the series here.
The Trial of Publius Horatius
When last we met Publius Horatius, soldier of Rome, he had saved the Eternal City from disaster in an epic battle of champions and then was quite ceremoniously convicted of treason against the state for the murder of his sister thus preventing the Senate from dealing with her traitorous grief over one of the fallen foe of Rome. In a clever legal maneuver made at the secret behest of the Roman king, Tullus Hostilius, who distrusted the designs of the Senate in passing him this hot potato of a case, Publius invoked the ancient right of every Roman citizen to a provocatio ad populum — a direct appeal to the people of Rome. Readers of the Christian Bible will likely recall that Paul of Tarsus was likewise accorded this right by virtue of his Roman citizenship, though by this time Rome had moved from a republic to an empire and the appeal was made to Cæsar himself.#
Submitted by Charlton Stanley, Guest Blogger
Since it has been somewhat tense around here, I thought a bit of adrenaline might relieve some stress. There is a curious thing about aviators. We hate high places. If you can get a typical pilot on a roller coaster or Ferris wheel, you have accomplished something. Oh sure, there is the occasional outlier who doesn’t mind, but few pilots I know are willing to get out on high places. I once knew a Marine Harrier fighter pilot who went over to a friend’s apartment for a cookout. The friend lived on about the 14th floor. The grill was out on the cantilevered balcony. This tough Marine fighter pilot would not go out there, even when bribed with beer.
I have some theories why this is so, but that involves rather dense aviation psychology research discussion that might give some of our readers a math headache, and is beyond the scope of the #1 Legal News & Analysis Blog on the intertoobz. At any rate, some of us would like to be able to ride a real roller coaster without getting any higher off the ground than we are willing to fall. Quite a feat for a designer to build a fast roller coaster that does not go any higher than the average pilot is willing to fall without a parachute. The Austrians and Swiss have accomplished just that.
Submitted by Darren Smith, Guest Blogger
During a city council meeting of Flower Mound, Texas, Mayor Tom Hayden proclaimed 2014 the “Year of the Bible”. He stated during the meeting “I ask that you join with me and encourage all residents in their own way to examine the principles and teachings found in the Bible.” He then promoted a Christian website administered by a local church “Calvary Chapel Church” promoting Christian theology and a program to learn the bible using a daily list of passages each day. The website is http://thebible2014.com and has a video link to the proclamation by the mayor here.
Aside from what many would consider glaring unconstitutionality of this type of proclamation under the Establishment Clause of the First Amendment to the U.S. Constitution and its applicability to state and local governments as interpreted in the Fourteenth Amendment, various other religious institutions within the city have voiced serious concern.
Continue reading “Mayor Proclaims 2014 Year Of The Bible”
Below is my column in Al Jazeera on the expansion of presidential powers in the United States. While there is growing recognition of the threat posed by the current powers exercised by the White House, it is important to keep the issue before the public if we are going to realign the tripartite system back to its original balance between the balances.
Submitted by Darren Smith, Guest Blogger
A pilot program has been initiated in four Washington counties and two municipalities. Essentially the program requires those convicted of a second DUI offense are required to 24/7 daily monitoring consisting of a twice daily visit to a jail for a breath test or an ankle monitor capable of reading breath samples. Both options are mandated at cost to the offender. A newly created state law, effective January first, provides for this program named the 24/7 Sobriety Program Pilot Project.
The program is the result of repeat DUI offenders who have posed significant risk to the public and have shown to not be easily deterred from future violations by present statutes and sentencing. Yet some may question the effectiveness of the program and whether it places an undue burden on offenders who might not have the means to comply.
Continue reading “New DUI Program Requires Mandatory Daily Monitoring: Protection For The Public Or Undue Burden On Offenders?”
If you look above, you will see a new link that will permanently show our civility rule on the blog. In light of the recent tension over postings with personal information and insults, I wanted to make the policy available and prominent on the blog. The vast majority of adults do not need to be told to be civil, even when they are cloaked in anonymity. However, for trolls and toddlers, this link will remain as a reminder that this blog strives to offer something different from the usual trash-talking fare that you find on some other sites.
Submitted by Darren Smith, Guest Blogger
The City of SeaTac Washington enacted a proposition narrowly approved by voters (77 vote margin among approximately 6,000 total votes) that would, among other issues, raise the minimum wage of hospitality and transportation workers to $15.00 per hour; one of the highest in the United States. The minimum wage for Washington State is $9.32 and the highest among all fifty states. Supporters of the proposition argued the cost of living for those workers is forcing them to live in substandard lifestyles given their working environment and lack of benefits provided in these industries. Opponents argue the law would put an unnecessary burden upon business and force cuts in employees and a disincentive to operate within the city. Much controversy has been generated on all sides.
Continue reading “City of SeaTac Minimum Wage Increased to $15.00. Consequences Could Be Beneficial And Detrimental.”
Submitted By: Mike Spindell, Guest Blogger
In my first blog today I alluded to two experientially developed concepts formed in my youth that have played an overarching role in my life. I explored the first and now I will develop the second as alluded to in my title. Unlike some childhood memories there is a particular memory associated with this title of this piece that is indelibly etched in my mind. So much so that as I write this I can see the scene in my mind’s eye and in my chest feel anew the power of the emotional experience. I will relate it to you as I remember and feel it, then explain how it has had ramifications for my entire life and upon my perspective of the environment I live in. Continue reading “Don’t Hurt Little People!”
Submitted By: Mike Spindell, Guest Blogger
For the many decades now, since my childhood, there have been two underlying ideas about life that have guided me as I’ve journeyed through the years. The first is that life for all of us is at best bittersweet. This blog is about the first of these ideas and the second will be expressed in a companion piece. Continue reading “Bittersweet: Life and Loss”
By Mark Esposito, Guest Blogger
This is the first of a multi-part article on the Public Interest Defense and its application to the the Edward Snowden situation. The defense is not recognized in America but other nations have considered this legal mechanism to provide an appropriate way to deflect criminal charges from whistleblowers like Snowden. Part 2 can be found here.
The Legend of Publius Horatius
For centuries, children in ancient Rome would recount the legend of Publius Horatius, one of three Horatius brothers (known as the Horatii), who fought to defend Rome from attack by the militaristic and close-by Italian city-state of Alba Longa. Rather than engage in a pitched battle of armies for supremacy of the peninsula and subject all of Latinium (as Italy was then known) to the vulnerability of foreign attack, Rome and her rival opted to name a triumvirate of champions to fight to the death to decide the fates of two ancient megalopolises. One would emerge as the dominating power and the other would be relegated to a vassal state. The Horatii seemed the obvious choice among the Roman legionnaires as the triplet brothers were unequaled among their peers in strength and martial prowess. Swearing an oath to fight to the death, the brothers strode to the Field of Mars to battle for both the glory and survival of Rome. For her part, Alba Longa chose her own incredibly coincident set of warrior triplets known as the Curiatius brothers (or the Curiatii) who swore an equally obligating oath to “return either with their shields or on them” as a Spartan might say.
I just saw this video and had to share it. A helicopter crew was flying in the countryside and saw a kid and his Dad lose a World War II RC plane in the top of a tree. They proceed to hover over the tree and pull the plane out of the branches. They then land and give it to the Dad and a dumbfounded kid.
China has released a shocking admission that at least 3.3 million hectares of farmland is now so polluted that it is effectively dead for purposes of growing crops. To put that into perspective, it is an area the size of Belgium. It is the latest statistical insight into the costs of the continued industrial output that reaches roughly 10 percent a year. That is two percent of China’s arable land and there is a concern about whether the per capita land allocation for food production has fallen below the communist regime’s own “red line” calculation. The country now has 135 million hectares of arable land, which translates to about 1.52 mu, or about a quarter of an acre, per capita. The world average is half of an acre, or 3.38 mu per capita.
Well, the results are in and we have another distinction to crow about at the blog. We have been selected as the 2013 top News/Analysis site among the competing world blogs in the annual ABA Journal survey. The success of this blog is due entirely to our unique community around the world, which have maintained a site where the issues of our day can be discussed with passion but civility. Thanks to all of our regulars and particularly our our talented and popular weekend team of guest bloggers: Mike Appleton, David Drumm, Mark Esposito, Gene Howington, Elaine Magliaro, Larry Rafferty, Darren Smith, Mike Spindell, and Charlton Stanley. While we created and maintain this site to allow us to share our thoughts, it is always gratifying to receive such recognitions. It is always my hope that the selection will bring new people to our site to further expand the voices and views on legal, political, and sometimes just plain bizarre stories.
Continue reading “Turley Blog Selected As Top News/Analysis Blog”
The Justice Department has decided to charge Conrad Alvin Barrett, 27, with a hate crime in the “knockout game”-style attack against a black victim in Katy, Texas. The victim was a 79-year-old black man. The prosecution — and heavy punishment — of Barrett is clearly warranted if found guilty of the attack. However, the intervention of the Obama Administration is being questioned and is likely to add to preexisting concerns over the use of hate crimes to federalize state criminal actions and the standard for such prosecutions.
Continue reading “Federal Prosecutors Charge White Man With Hate Crime After “Knockout” Game”