Category: Society

Too Much Democracy?

Submitted by: Mike Spindell, Guest Blogger

I’m a legal resident of Florida and this week I took advantage of early voting. While I’ve been a political activist for most of my life and usually have a good idea of the issues involved in any particular election, this vote brought home to me that I wasn’t as smart and informed in this election as I supposed. This thought occurred to me the night before I voted, when I carefully looked over the sample ballot sent to me by my County Board of Elections. The sample ballot had six pages and the opportunity to vote twenty six separate times. The first seven of the twenty-six votes, were “no brainers” since it started with the Presidency and ended with County Commissioner. I was familiar with each of these elective offices and the issues entailed in each particular race, but that’s where my familiarity with the issues involved in the next nineteen votes ended. The next possible votes were on whether each of three particular State Supreme Court Judges should be allowed to continue their terms? Not knowing these Judges and/or their judicial views how was I to make such a decision? The next vote was also on whether a particular Justice of the Court of Appeals should be retained in office. The final electoral decision was a vote between one of two people for a four year term to the County Soil and Water commission. This was not a party affiliated position, so other than their names, I had no idea who to vote for, or what their particular conservation philosophy entailed.

Needless to say, I went on the web and found out what was going on in the Judges recall. This is the story and its’ Washington Post link: A Koch Brothers-backed campaign is seeking to vote out three Florida Supreme Court justices.

“A loosely organized Internet campaign against the court two years ago has been fortified by the conservative group Americans for Prosperity, founded by billionaire activists Charles and David Koch. And then came the surprise announcement that the Republican Party of Florida had decided to oppose all three justices, an unprecedented move in the nonpartisan vote.

Party leaders said that “collective evidence of judicial activism” showed the jurists to be liberals who are out of touch with the public. Opponents point to the court’s death penalty decisions and a ruling that kept an “Obamacare” referendum off the 2010 ballot. But the justices’ supporters say an effort is underway to pack the court with new appointees and deliver Republicans the only branch of state government they don’t control.”

 While it is true that I had no clue that such a Campaign was going on, in my defense I was out of State for the entire summer and not paying attention to local affairs. This guest blog, however, is not about the Koch’s judicial ploy, but about what followed it on the Florida Ballot. This was the vote on eleven Florida Constitutional Amendments and why I believe that the nationwide movement for voter ballot initiatives is an idea to support democracy, which in practice is anti-democratic in nature. Continue reading “Too Much Democracy?”

Russian Orthodox Christians Offended By Apple Logo

-Submitted by David Drumm (Nal), Guest Blogger

While the Duma, the Russian Parliament, is considering laws to “to defend citizens’ religious feelings and national and spiritual values from blasphemy and insult,” Russian Orthodox Christians claim that the Apple logo is anti-Christian and insults their beliefs.

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Former Penn State President Indicted In Child Abuse Scandal

Former Penn State President Graham B. Spanier has become the latest and highest ranking former university official to be charged in the scandal involving child molestation by former coach Jerry Sandusky. He is the third school official to be accused of crimes in the alleged cover-up. We have previously discussed the case as a pile up of bad legal advice and horrendously bad judgment by the university president and his general counsel.
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Family Calls Police To Report Drugs Left In Rental Property In Georgia . . . Police Arrest Parents and Threaten To Send Crying Child To Child Welfare

Michael Keeley and his wife are legitimately confused. Police in Georgia arrested three men in their rental property in October after finding meth inside their car. Immigration and Customs Enforcement and Homeland Security and Clayton police then searched the rental property for additional drugs and evidence. According to the Keeley’s, they did not look hard enough. When Keeley and his wife and 9-year-old child went to the home that day to clean it for the next tenant, they found eight bags of narcotics hidden behind the walls. They called police which came right over . . . and arrested the couple in front of their nine-year-old child. They say it was the local Clayton police who were abusive — grabbing their phone and yelling at them. They told Keeley to stop lying and that they knew no one broke into the home. It is not clear why Keeley would call to report his own drugs. Continue reading “Family Calls Police To Report Drugs Left In Rental Property In Georgia . . . Police Arrest Parents and Threaten To Send Crying Child To Child Welfare”

Marine Veteran in Pink Tutu Knocks Out Disabled Vet In Wheelchair Over Costume Dispute

We are just hearing about torts and crimes rolling in from Halloween (to be added to our 2013 listing of Spooky Torts). None are quite as bizarre as the arrest of Christopher Dabney, 22, a Marine veteran who took offense at the costume of Daniel Priotti in a wheelchair. It appears that Priotti was dressed as a veteran in a wheelchair. It turns out that Priotti is a disabled Marine veteran confined to a wheelchair. At the time of the attack, Dabney was wearing a pink tutu.

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FBI: Arizona Attorney General Hit Car But Left Scene To Hide Affair With Employee

Arizona Attorney General Tom Horne has attracted national headlines recently with his spirited appearance in litigation defending the “sanctity of marriage” by blocking basic benefits for same-sex couples. That defense however may be more theoretical for the top state lawyer. Horne was reportedly being followed by the FBI investigating alleged campaign finance violations. The agents say that they watched as Horne struck another car causing $1000 damage to avoid disclosure of an affair with his passenger. The passenger has been identified in news accounts as Carmen Chenal, who works for Horne.

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New Mexico Officer Accused Of Tasering 10-Year-Old Boy Who Refused To Clean His Patrol Car

A New Mexico policeman is accused in a new lawsuit of tasering a 10-year-old child on a playground after the boy refused to clean his patrol car. The lawsuit has been filed by a guardian ad litem, Rachel Higgins, and accuses New Mexico Department of Public Safety and Motor Transportation Police Officer Chris Webb of the battery on the child.

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Family Values Candidate Eric Bodenweiser Arrested In Delaware For Allegedly Repeatedly Raping Young Boy

This is Eric Bodenweiser, Republican candidate for the Delaware State Senate and anti-gay member of the Delaware Family Policy Council. Bodenweiser, 53, was viewed as unbeatable in the race against his Democratic challenger right up to the time the family values candidate was arrested for allegedly having unlawful sex acts with a 13-year-old boy.

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Spooky Torts: The 2012 List Of Halloween Litigation Horrors

Here is our annual list of Halloween torts and crimes. This holiday remains a favorite for personal injury lawyers around the world and this year’s additions show why. Of course, with Sandy, our area is already looking pretty spooky with downed trees and tattered exteriors.

So, with no further ado, here is this year’s annual Spooky Torts list of actual cases from Halloween (with our past winners).

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The Chinese Premier’s Family Hires Lawyers Over Wealth Story: Will The New York Times Rely On New York Times v. Sullivan?

The corruption in China is legendary as communist officials acquire huge homes and wealth in assisting businesses take land and create industries. The Chinese government regularly responds to such corruption stories with executions but they are viewed as little more than a lethal form of public relations. Now, however, the family of Chinese premier Wen Jiabao has retained lawyers after a New York Times report that the family has amassed a massive amount of wealth in accounts spread around the world. It is an ironic moment given the government’s continued refusal to allow ordinary Chinese to have real legal recourse to contest their treatment, including the lost of land. The Times article details Wen’s relatives have alleged amassed assets worth at least $2.7bn (£1.7bn) around the world.

Continue reading “The Chinese Premier’s Family Hires Lawyers Over Wealth Story: Will The New York Times Rely On New York Times v. Sullivan?”

Still Virginia Bound

Leslie and I are still fighting to get back to the kids after being stranded in New Orleans after all flights were cancelled. We are safe but had a wild night trying to find a way home.

Despite the fact that the weather was mild on Sunday and Monday morning in Washington, US Airways cancelled our flights. It was very frustrating to speak to friends in Washington and hear how the weather was fine. The cancellations appeared to be decisions based on the location of equipment, but thousands of passengers could have made it home. The main problem however at US Airways was the virtual collapse of any customer assistance that continued to Monday. We had to wait literally hours on the telephone to get through and then had to wait over an hour on hold to reach anyone. US Airways then told us that we would have to buy a separate ticket to go to closer airports like Charlotte (it didn’t matter since those were cancelled as well.) I remain furious with US Airways which (despite plenty of forewarning) did not appear to set up sufficient personnel or resources to assist passengers. We literally spent 24 hours from Sunday to Monday trying to reach someone at the airline, which has a message that repeatedly cut off calls and told them to call back.

With four kids with our sitter in Virginia, we could not wait any longer so I rented a four-wheel drive jeep and set out Sunday morning from New Orleans. We made it 700 miles when we were hit last night with a blinding blizzard storm in the mountains of Virginia. Visibility dropped quickly to virtually zero and we barely got off the highway. We found a motel in a tiny town called Marion, Virginia and bunkered down.

We are going to set out again shortly to try to get to the kids. A lot of roads are cut off with debris and winds remain high in McLean at 37 miles per hour. However, there are signs of it winding down. The kids are fine and still remarkably have electricity. We are prepared however. In Alabama, we bought boxes of water and Moon Pies (which we can’t get around us in McLean). If anything goes wrong, we can survive on Moon Pies for days in the mountains!

I hope all of our regulars on the East Coast are safe and sound today.

Virginia Bound

Leslie and I are still stuck in New Orleans. As I noted yesterday, we have been stranded by US Airways which cancelled flights to Washington yesterday despite the relatively mild weather in the city. It appears that the airline simply did not want aircraft in Washington when the storm hit. My complaint has not been that decision but the lack of consumer support after trying for hours to reach anyone at the airline. We have little choice but to try to drive back to Virginia since we have four kids who are being watched over by our sitter (I also have classes to teach on Tuesday and Wednesday). We intend to be highly cautious and stop if it gets to dicey. However, we cannot leave the kids any longer in this storm.

Continue reading “Virginia Bound”

Scalia: Take “Bread and Butter” Courses Not “Law and Women”

Associate Justice Antonin Scalia has long proven a lightning rod on the Court, particularly his consistent and controversial habit of making highly charged public comments. I have previously criticized him and other justices for the increasing public speeches, often to highly partisan groups, that undermine the legitimacy of the Court. This week Scalia raised eyebrows in his advice to law students not to take “Law and Women” or “Law and Poverty” courses which he says amount to little more than professors teaching their “hobbies.”

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