Category: 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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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 Gallop found this week that 47 percent of Americans want to see the law repealed.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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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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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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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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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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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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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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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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Video Shows Chicago Youths Laughing After Elderly Man Is Knocked Out on CTA Platform

  This week, as a Chicago native, the euphoria of the Bears continuing their resurgence on the field with a win over the Detroit Lions yesterday is being dampened by this video from the Chicago Transit Authority (CTA). On the video, a young man knocks out an elderly man as others laugh and cheer.
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Fear and Torture on the Campaign Trail 2011

Submitted by Gene Howington, Guest Blogger

The GOP Debate on Foreign Policy was held at Wofford College in Spartanburg, South Carolina on Saturday night.  The debate was not on a topic the GOP Presidential hopefuls looked forward to as the Obama Administration – despite their many serious flaws – has had some success in the area of foreign policy.  This is not to say that the Obama Administration’s performance in the area of foreign policy hasn’t been realistically uneven, but they’ve had enough victories to make the topic less than easy pickings for the usual mud-slinging of the campaign trail.

What was more telling than the absence of effective smear or substantive criticism was when the subject of waterboarding came up.  Would you vote for a candidate that advocates breaking the laws and violating the Constitution of this country? Apparently politicians not only think you will, but now consider it a selling point if the laws they advocate breaking involve torture.

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How Much Privacy Do You Expect? The Death of Privacy In America

Below is my column today in The Washington Post. The article explores the famed Katz test and whether, in trying to save privacy in America, the Supreme Court may have laid the seeds for its destruction. The test ties our privacy protections to our privacy expectations. Thus, as our expectations falls, warrantless surveillance rises — causing our expectations again fall and in turn allowing warrantless surveillance to rise further. It becomes a face to the bottom of privacy. The terrible truth is that the death of privacy in America will not be accompanied by thunderous applause, but a collective yawn from an indifferent people. Here is the column.
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Down In the Valley I: Penn State – What Did They Know and When Did They Know it

Submitted By Mark Esposito, Guest Blogger

Who Are Penn State?

That ultimate question uttered by Senator Howard Baker encapsulated the Watergate Era as Congress grappled with assessing culpability of President Richard Nixon, who was then at the zenith of his presidency. Now almost forty years later, the nation is again captured by a fall from grace as steep and as fast as Nixon’s. And again that question has to be asked of “America’s Football Coach.”

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Can Penn State Or Paterno Be Sued For Negligence?

We have been following the unfolding scandal at Penn State. There is widespread agreement that the coaches on the team, as well as the university, acted reprehensibly in their response to the alleged sexual abuse of young boys by Jerry Sandusky (at least outside of the rioting students who appear to believe Coach Joe Paterno should not be blamed for doing little after learning of an alleged rape of a minor in a shower). The question is whether Paterno or Penn State could face credible complaints seeking civil liability for negligence.

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Israeli Forces Kill Rabbi On Way To Prayer After Mistaking Him For Insurgent At Roadblock

For years, Palestinians have complained about the use of force at roadblocks by the Israel Defense Force. This week a tragedy has highlighted those concerns for the Israeli populace after the IDF killed a 55-year-old Israeli rabbi and settler, Dan Mertzbach, after he failed to stop. Notably, according to reports today, “[t]he Defense Ministry announced to the National Insurance Institute on Friday that Mertzbach will be recognized as the victim of a ‘terror event.'”

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