There is a bizarre case out of New Orleans where Alabama football fan Brian H. Downing has begun serving a two-year sentence for “teabagging” an unconscious LSU fan outside a Bourdon Street restaurant — a vile humiliating act that was videotaped and posted on YouTube. The victim is also suing Downing in tort. Notably, Orleans Parish Criminal District Judge Karen Herman commented at sentencing that he “chose wisely” in accepting the plea bargain — indicating that she would have hit him with an even higher sentence for the disgusting act.
Category: Society
Washington, D.C. had the worst high school graduation rate in the country in 2011 — down roughly 20 percent from just two years ago. The drop appears partially the result of a new (and better) accounting system that tracks actual students rather than allowing a ridiculous calculation method that tended to inflate numbers. Nevada had the lowest graduation rate of any state (62 percent) and D.C. did worse than Native American reservations (61 percent). The best state was Iowa with 88 percent followed by Vermont and Wisconsin (both at 87 percent).
Continue reading “D.C. Schools Post the Lowest High School Graduation Rate In The Nation”
There was a justified outcry recently when a video surfaced (below) of an Ohio man William Bailey making fun of a young girl with cerebral palsy at a bus stop. It is a brief video but enough to enrage a nation. Now, Canton Municipal Judge John A. Poulos ordered the maximum sentence for Bailey, who pleaded no contest to reduced misdemeanor charges of disorderly conduct and aggravated menacing. I realize how emotionally charged this case has become, but should mocking be treated as a criminal act?
There is another lawsuit against a police department for shooting a family dog without provocation. The latest victim is Rosie, a 3-year-old Newfoundland belonging to Charles and Deirdre Wright in Washington state. Rosie got loose and ended up in the backyard of Lora Perry. Perry said that police came and shot and killed Rosie who was not being aggressive in any way in her yard. The Wrights have now filed a civil rights suit.
Continue reading “Washington State Family Sues Over Killing Of Dog in Neighbor’s Backyard”
We have another chilling tale of the plight of women in some traditional Islamic areas. A woman known as Nurbanu had divorced her husband when she found him in bed with another woman. The husband than responded to the divorce by throwing acid in her face — an all-too-common crime against women in the Middle East. The woman was disfigured and blinded, but the husband received only one year of jail for the crime. Nurbanu said she was then coerced to remarry him and he now allegedly continues to beat her. Warning the picture below is graphic and disturbing.
We have previously discussed the potential liability stemming from pranks. This video sent to me by a former student seems the perfect avenue for an infliction of emotional distress claim or negligence claim after inducing a heart attack in the subject.
Continue reading “Joke or Tort: Elevator Prank Raises The Question of Liability After The Laughs”
There is an interesting argument raised in a motion for a new trial for convicted murderer, Christopher Vaughn (left). Vaughn was convicted this summer in less than an hour in the killing of his family. Vaughn however is talking about the murder trial of another defendant, Drew Peterson (right). He is arguing that the conduct of the Peterson attorneys was so public and obnoxious that it tainted his own case before the jury.
Cook County State’s Attorney Anita Alvarez failed in her latest effort to strip citizens of a basic right to film police in public — and thereby eliminate the single most effective tool against police abuse in this century. The Supreme Court refused her appeal of the ruling of the United States Court of Appeals for the Seventh Circuit, which expressly criticized Alvarez for her “extreme” position on the rights of citizens. As a native Chicagoan, I remain astonished that citizens have allowed Alvarez to remain in office as she has publicly sought to strip them of their rights and block a tool that has been used repeatedly to show police abuse. For a leading and generally liberal jurisdiction, Chicago has the ignominy and dishonor of leading the effort to fight core civil liberties in this area.
Angus T. Jones has a curious way of demonstrating his deep Christian faith. Jones is shown in a new video denouncing the show “Two and a Half Men” as “filth” and a danger to Christian children and values. The problem is that Jones plays Jake Harper on the show and receives a reported $350,000 an episode. You may recall that Charlie Sheen was kicked off the show for making disparaging comments about the show and “dangerously self-destructive conduct.” While Sheen was not fired under a “morality clause,” such provisions are common in television contracts. Could denouncing the show as immoral violate the Morality Clause?
Continue reading “Two And A Half Men . . . And A Hypocrite”
The ABA Journal has released its list of the top 100 legal blogs in the world and we are once again in this august group of blogs. Congratulations to all of our regulars contributors and weekend bloggers. We have previously taken the top spot under the opinion category in the past but the ABA has now eliminated that category. Even more ominous was the decision to put the largest blogs in direct competition under an expanded “News/Analysis” category. This includes the long dominant “Above the Law” site. We would have to punch considerably above our weight to beat “Above the Law,” which is ranking regularly in the top two most visited legal sites in the world. Frankly, it is like a dingy going up against a battleship. However, we have never flinched in the face of superior numbers. So it is time to vote! It takes a very quick registration. Just click here and cast your vote today!
Continue reading “TURLEY BLOG MAKES ABA TOP 100 — NOW IT IS TIME TO VOTE FOR THE TOP BLOG!”
Alabama lawyer James Stewart Robinson, 45, just may be the lawyer Michael Vick was looking for. Robinson has been charged with cruelty to a dog after he allegedly slit the throat of his family’s pet pit bull and then texted a photo of the dead dog to his estranged wife. The two are in the midst of a bitter divorce and had been arguing of custody of the dog, named Rufus.
In torts class, we often discuss the limitations placed on the protection of property under the common law. While many states have passed controversial Castle Doctrines or “Make My Day” laws and others have extended such privilege to use lethal force to cars or workplaces (under Make My Day Better laws), the common law does not allow people to use force calculated to cause serious bodily injury or death in defense of property. Many stores instruct employees not to use physical force with shoplifters for that reason or to try to stop armed robberies (including cases where stores have fired such heroes). It appears that a security officer is out of job after a scuffle with an alleged shoplifter caused the middle-aged suspect to have a heart attack and die outside of a Walmart.
Continue reading “Alleged Shoplifter Dies After Struggle With Security and Staff At Georgia Walmart”
In class, we often discuss the limitations on liability from fire under the common laws. This weekend showed how extensive, and foreseeable, such damage can be with a gas explosion. On Friday night, a strip club exploded in Springfield, Massachusetts — burning ten buildings including The House of Mercy church next door.
Continue reading “Massachusetts Strip Club Explodes and Takes Out Church Next Door In Gas Explosion”
The Gettysburg Address was 272 words and yet stands as one of the most iconic writings in history. We now have a type of Gettysburg Address of our generation. In just 137 words (almost 40 fewer words than Lincoln), this elementary student writes a moving call to arms coupled with a sense of deep sorrow. Like Lincoln, the student expresses profound pain of a nation with simple penetrating prose.
Submitted by: Mike Spindell, Guest Blogger
As a visceral person who loves film, I am easily moved when I watch productions that connect the struggles of human beings with the vicissitudes of life. This week I watched such a creation and its’ genius was that it led me to thoughts larger than the particular subject of the program. Hubris is an ancient Greek word that can be thought of as indicating: “a loss of contact with reality and an overestimation of one’s own competence or capabilities, especially when the person exhibiting it is in a position of power”. http://en.wikipedia.org/wiki/Hubris . To the ancient Greeks, hubris played an important part in their philosophy and in their philosophic expression in Greek dramas. In those times sexuality was also deeply intertwined in its examples. However: “In its modern use, hubris denotes overconfident pride and arrogance; it is often associated with a lack of humility, though not always with the lack of knowledge.” I intend to extrapolate from one desperate time in American history a sense of what fault it exposes in a macro-cosmic human sense.
Along with the “Great Depression” in the United States, an ecological disaster occurred and added to the general economic misery of the country. This was the advent of the “Dust Bowl” in the agricultural “heartland” of our country. The documentary I watched was “Ken Burns: The Dust Bowl” which I’ll link at the end of this guest blog. From 1930 through 1940 immense dust storms, with ever increasing frequency, began to plague this area along with a parching drought, devastating this formerly fertile region. As the farming economy shrank, children died and farm folk were driven into despair, it became apparent that this ecological disaster was brought about by the people who had worked the land into becoming among the most productive farmlands in the world. I watched this documentary, tearing up frequently at the human misery I saw and clenching my jaw in anger at the sheer cupidity that caused it. I was rediscovering a part of our history that I had known little about except for where it happened. By retelling this tale though I want to make a larger point. The Greeks had it right about humanity in general, in that as we have become masters of this planet, so many of us have so often been laid low by the hubris of thinking ourselves completely in control of our world and immune to the effects of nature. Continue reading “Humanity’s Hubris”