Category: Society

Academia, Columns, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Politics, Society, Supreme Court

Let’s Kill All The Lawyers?

Submitted by Mike Spindell, Guest Blogger
Last week during a long road trip, I was listening to a CD from the band The Eagles. A song came on written by Don Henley and Glenn Frey the group’s songwriters and leaders. The song is called “Get Over It”. As the autumn beautiful Shenandoah Valley landscape was passing by, a line from the song jarred me from my motoring reverie and made me think of this blog. The line was:

“The more I think about it, Old Billy was right
Let’s kill all the lawyers, kill ’em tonight.”
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Congress, Criminal law, Free Speech, Justice, Politics, Society

The Smell of Corporatist Fear, Smells Just Like . . . a Lobbyist Memo

Submitted by Gene Howington, Guest Blogger

UPDATED: Newton’s Third Law of Motion is commonly expressed by the phrase “for every action, there is an equal and opposite reaction”.  The action in question is the Occupy Wall Street Movement.  The reaction in question is fear.

Huffington Post obtained a copy of a memo being sent by high-powered Washington lobbying firm Clark, Lytle, Geduldig, Cranford to one of its major Wall Street clients over Thanksgiving.  Previously unnamed, it has been revealed that the major Wall Street client in question is the American Bankers Association.   The four page memo was first revealed by MSNBC’s Chris Hayes, host of the show “Up with Chris Hayes“.  The first two paragraphs of the memo are indicative of the mood and probably sets the tone for what many in the lobbying industry are having to admit as an inconvenient truth.   Namely the truth that the OWS Movement is gaining traction for their cause and doing so in such a way that politicians are eventually going to be forced to put on the appearance of action in bringing the criminals on Wall Street to justice if not actually bring them to justice.  The fear on behalf of the lobbyists and their Wall Street clients is palpable.

The first two paragraphs of the Thanksgiving Memo read as follows:

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Academia, Bizarre, Criminal law, Society, Torts

Teaching Supply and Demand: Florida Teacher Accused of Selling Math Grades

A math teacher in Fort Myers, Florida is under fire for teaching his students about supply and demand within a market-based system. Jeff Spires’ problem appears to be his choice of pedagogical vehicle: purchasing their own grades. Spires was suspended from Charlotte County High School in Charlotte County, Fla., without pay on Oct. 14 and resigned two weeks later. This “new math” approach could have promise for wider applications as discussed below. Think of it as a variation of Adam Smith’s work, a type of “Wealth of Students” approach to the job market.
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Bizarre, Criminal law, Society, Torts

Illinois Man Admits To Selling Penis Enlargers to Treat Diabetes and Bladder Patients

An Illinois man, Gary Winner, pleaded guilty to criminal charges in Rhode Island after selling “penis enlargers” to diabetes patients to help with “bladder control, urinary flow and prostate comfort.” This could make for an a particularly novel product liability claim as well as a negligence case.

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Congress, Politics, Society

Thirteen Percent: Congress Is Now More Unpopular Than A Communist Takeover

Well, Congress still beats out intestinal blockages in popularity. The latest Gallup monthly survey shows that Congress is now only viewed favorable by 13 percent of American. Other polls show it as 9 percent. This makes it less popular (as shown in the chart in the article below) than Hugo Chavez and communism taking over the United States. Hell, even Paris Hilton is more popular than Congress.
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Congress, Politics, Society, Supreme Court

How Not To Pass A National Health Care Program: New Poll Shows Almost Half of Americans Want The Repeal of the Health Care Law

One of the most interesting aspects of the litigation over health care has been the Obama Administration’s push for review in the Supreme Court. Rather than slow walking the case, the Administration facilitated a review that will result in a ruling before the election. As on many other decisions by this White House, the political calculation seems counterintuitive. I have said in interviews that I do not know which will be worse politically: for the Administration to lose before the Court or to win. Now a poll suggests it might be the latter. Gallop found this week that 47 percent of Americans want to see the law repealed. Only 43 percent favor the law. Fifty-six percent still prefer the use of private insurance over a federal insurance program. This poll joins the sobering fact that a majority of states are now in court in an unprecedented opposition to the federal law. Regardless of how you feel about health care, this is not how you pass a major new program and is the result of the decision by the White House and Democratic leaders to muscle through this vote on the thinnest of margins.
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Bizarre, International, Military, Politics, Society

And China’s Pick For The 2011 Peace Prize Is . . .

We just explored the Orwellian Chinese campaign against “fake journalists.” Now, we have a story that would make Big Brother blush. China has long opposed the Nobel Peace Prize because of its recognition of people the regime has oppressed like imprisoned dissident Liu Xiaobo. China therefore offers the alternative and laughable Confucius Peace Prize. The regime just announced its 2011 winner of the man who inspires millions with his image and message of peace: Russian Prime Minister Vladimir Putin. Putin celebrated the news recently by bragging that he can destroy America in 30 minutes. Mother Teresa is lucky she did not have this competition when she lived.
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Lawyering, Society

Mespo’s Approbo Non Reprobo: Virginia Court Reaffirms Approbating and Reprobating Rule In Victory For Turley Blogger

If any of our regular readers received the Virginia Lawyer’s Weekly, they would have spotted a familiar name in a recent notable case. Mark Esposito, one of our esteemed Guest Bloggers, featured prominently in the case — showing that he is as talented in the legal sphere as he is in the blogosphere. He won in the clever use of the doctrine of quod approbo non reprobo. It might be easier in the future for court to just call it “a Mespo” claim. The case is Womack v. Yeoman (VLW 011-8-207)
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Bizarre, International, Society, Torts

Humphrey The Hippo and the Wisdom of Strict Liability For Wild Animals

This story struck me as relevant to the discussion that we just had in class about strict liability for wild animals. The common law makes a possessor of a wild animals strictly liable for any bites or injuries. This liability is often based on the lack of animus rivertendi, or habit of return — the notion that you cannot completely domesticate a wild animal. That is a lesson that Marius Els, 41, learned too late in keeping his pet hippopotamus, Humphrey.
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Academia, Bizarre, Free Speech, Military, Politics, Society

Suffolk University Law Professor Triggers Firestorm With Criticism of Care Packages To U.S. Troops

Michael Avery, a professor at Suffolk University Law School, has found himself at the center of a raging storm after he sent the four-paragraph email below to colleagues complaining about the “shameful” program at the school to send care packages to U.S. troops abroad. Avery, a constitutional law professor, objected to send such packages to people “who have gone overseas to kill other human beings.” As you might imagine, the response has superheated with even Senator Scott Brown (R., Mass.) attacking the professor.
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Bizarre, Politics, Society

War and Torture: The Platform of the Future?

For people who value the Rule of Law, the last Republican debate reached a new low. One would think that the promise of war and torture has now replaced work and taxes as the main issues for voters. To their great credit, John Huntsman and Ron Paul stood against torture as “unAmerican.” However, as noted in prior blogs, Herman Cain and Michele Bachmann called for the use of torture in the resumption of the waterboarding program. In the meantime, Gingrich called for yet another war: this time against Iran unless it yields to our demands. He and Santorum appeared to add promises of the murder of scientists as part of their package of promised presidential acts. I will be moderating a debate on torture this week organized by Ralph Nader’s “Debating Taboos” program.
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Bizarre, Society, Torts

Rhode Island Doctor Accused of Abandoning 33,000 Patients To Run For Office In Nigeria

Now this is an interesting negligence case. An estimated 33,000 people in Rhode Island have been left without medical records after Dr. Nomate Kpea, a dermatologist, left for Nigeria to run for political office — leaving their files in foreclosed properties in the state.
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Academia, Animals, International, Science, Society

Scientists Invent Mighty Mouse: Medical Breakthrough or Swiss Conspiracy?

Scientists have announced that they have invented a super strong mouse. One could debate whether we really need a super-strong mouse. However, those concerns would appear magnified for the Swiss with their copious amounts of cheese to protect. Yet, Swiss scientists believe that they have created a faster and stronger mouse.
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