Category: Society

Columns, Constitutional Law, Free Speech, Media, Religion, Society

Fundamentalist Religion and TV Documentaries, A Problem?

Submitted by: Mike Spindell, guest blogger

There is a trend today on television that is disturbing and I think harmful to our Country, yet we are powerless to halt its’ progress. This occurred to me as I watched an edition of ABC’s Primetime-Nightline entitled “Battle With the Devil”, which was advertised as a show that “investigates the belief in satanic will or possession by a demon”. I’d DVR’ed it because from the description, it was supposed to present various people who purport to have had demonic possession and or experiences of Satan. It also promised to include exorcists, psychologists and various other experts. The beliefs and actions of people always interest me. The more bizarre the belief system the more interesting I find the person. I’m fascinated by human extremes and as a therapist I’m always trying to puzzle out what makes someone tick. When the show ended though, I found myself angry at it and feeling somehow abused emotionally. That feeling began my train of thought that led to this post.

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Constitutional Law, Courts, Justice, Lawyering, Religion, Society

Lessons from Roe in the Brown Polygamy Case

Submitted by Mark Esposito, Guest Blogger

Rarely do I disagree with our host, but on the Brown polygamy case we do. And not so much on the merits of the case as on the timing of it. I’ve said before I would decriminalize the practice of polygamy and regulate it much as we do other human relationships where there exists real risk of overreaching or exploitation. I think this approach serves the interests of the important right of privacy and protects the vulnerable.

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Animals, Bizarre, Society, Torts

Would You Like Battery With That?

Submitted by Gene Howington, Guest Blogger

In Atlanta, Georgia, Tiffany Denise Allen is charged with simple battery, simple assault and disorderly conduct.  While these charges may not be unusual in themselves, the circumstances surrounding them are.  Allen was a manger of a local McDonald’s restaurant.  She was off duty but on the premises when Jennifer Schwenker entered the McDonald’s in suburban Marietta with her autistic twins and service dog on July 12.  Apparently upset that Mrs. Schwenker brought her service dog into the restaurant, surveillance tapes show Allen proceeded to follow her around the store and out into the parking lot where Allen punched the woman in the face.  The recordings show other McDonald’s employees trying to restrain Allen.  The operators of the local franchise, J.M. and Jan Owens, are cooperating with police.  They told the Associated Press that “At our McDonald’s restaurant, we respect and value our customers. Their safety and well-being is always a top priority [. . .] We strive to comply with all applicable laws, including the Americans with Disabilities Act.  It is our policy to make our restaurants accessible to all customers, including those with disabilities and special needs, whether or not they need the assistance of service animals.”  McDonald’s says Allen is no longer in their employ.  Clearly McDonald’s and the Owens’ have done the right thing in response so far, but the scenario does raise some questions.

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Criminal law, Society

Mother Eats Poppy Seed Seasoning – Has Newborn Taken

-Submitted by David Drumm (Nal), Guest Blogger

In Lawrence County, Pennsylvania, Eileen Ann Bower tested positive for opiates after giving birth to her  son. Based on the results of the routine blood test, performed by Jameson Hospital, the Lawrence County Children and Youth Services kidnapped seized the baby three days after its birth. Bower claims her last meal, before giving birth, was a pasta salad with Perfect Pinch Salad Supreme Seasoning, which contains poppy seeds (the fourth listed ingredient).

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Constitutional Law, Courts, Criminal law, Free Speech, Politics, Religion, Society, Supreme Court

Privacy Without Politics: Why The Sister Wives Lawsuit Is About Privacy Not Polygamy

Here is my column this morning in the New York Times. As is the case (even on my own paper, USA Today), the writer does not select the titles. In this case, “One Big, Happy Polygamous Family” seems a bit mocking. Thus, I have added my own title.
Continue reading “Privacy Without Politics: Why The Sister Wives Lawsuit Is About Privacy Not Polygamy” →

Bizarre, Courts, Criminal law, Free Speech, International, Justice, Media, Society

Method Of Modern Love: Twitter-Style

Submitted by Mark Esposito, Guest Blogger

The Happy Couple: Farthing For Your Thoughts Mrs. Puddick?

London plumber, Ian Puddick, was aghast after reading a text message on his wife’s cell phone. It seems  Leena, was having an affair with Tim Haynes, an insurance broker at one of London’s hoary financial houses and a City Director. The affair began at a company Christmas Party (don’t they all) and continued for ten years.   Rather than an immediate face-to-face confrontation with all the messiness that involves, Puddick set up several websites and then began to Twitter the racy cyber-dialog between the illicit lovers. One read, “Where do you want to have sex next? The office, al fresco, the flat or all three you greedy girl?”  He supplemented the shorthand with videos and a blog– all dedicated to the affair.

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Constitutional Law, Courts, Criminal law, Justice, Politics, Society

How Should A Civilized Society Deal With Criminals?

Contributed by: Mike Spindell, Guest Blogger

All society’s see themselves as “civilized” which connotes that they are humane in their treatment of all within their purview. One society will compare their society towards another, disparagingly in most cases, seeing the “other” as less “civilized” and more barbaric. We all know the clichés about the cruelties of Mexican, or Turkish prisons for instance and our American tendency is to look down our noses upon the barbarity of those countries in dealing with all prisoners, not just felons. How smug we are in our self-satisfaction that America is a modern culture with no hint of the backwardness and barbarism of less modern cultures. In my view this has been merely the legerdemain of mass delusion. I say delusion because the sad truth we all know is that many of our prisons and many of our Jails are “hellholes”, perhaps only degrees better than certain other more “barbarous” Nations are. Our literature and media have for years dealt with the harshness of our prison system. Indeed our gallows humor puts forth the hardly clichéd image of prison rape as a fit punishment for some. A current story conveys our dilemma in seeing the truth of our own lack of civilization, dealing with those who commit crimes both of heinous and victimless nature. Continue reading “How Should A Civilized Society Deal With Criminals?” →

International, Society, Travel Blog

Au Revoir: The Turleys Invade France

In a few hours, the Turleys will start our conquest of France. As previously announced, we are taking the kids on their first international trip for three weeks in France. We will be roughly a week in the Bordeaux region, a week in the Normandy region, and a week in Paris. Our guest bloggers have agreed to help with postings during this period, though I hope to continue to file occasional stories (including travel blogs) during this period — assuming that I can maintain both sobriety and a signal long enough to post.
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Academia, Bizarre, Politics, Society

When Should Schools Give Miranda? Virginia Case Shows Continuing Uncertainties After J.D.B. Ruling

There is an interesting case out of Fairfax County in Virginia where an eighth-grader was pulled from his class and interrogated by a police officer and school officials on this smoking pot after-school hours and off campus. The case shows the continuing uncertainty over when police officers are required to give Miranda after the Supreme Court’s decision in J.D.B. v. North Carolina (below).
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Bizarre, Religion, Society

Give [To Wal-Mart] And You Shall Receipt: Couple Rejoices After Jesus Appears On Store Receipt

Jacob Simmons and his fiancée, Gentry Lee Sutherland insist it is a miracle after they bought some pictures at Wal-Mart and found Jesus staring back at them on the receipt. Many people would question whether Jesus would work through Wal-Mart but a bargain is a bargain. Wal-Mart appears to be offering miracle at a low price, undercutting local stores in Anderson County, South Carolina in their own Savior slips.

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Constitutional Law, Free Speech, Lawyering, Media, Politics, Religion, Society

Turley Demands Retraction and Apology From Conservative Attorney and Radio Host Debbie Schlussel

Two of my clients in the pilots litigation flagged an article by conservative Republican activist and attorney Debbie Schlussel reporting that I am funded by the Bin Laden family and using the Brown family as a front for an Islamic radical agenda. Ms. Schlussel previously attracted national attention by writing in the aftermath of Bin Laden’s death “1 down, 1.8 billion more to go.” She was also denounced for her statement that CBS reporter Lara Logan deserved to be raped while covering the protests in Egypt — a statement rightfully criticized by David Drumm (which she attributes to me). The article by Ms. Schlussel is clearly defamatory and neither she nor her attorney has responded to inquiries over the last couple days.
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Animals, Society

Ellie’s Seeing-Eye Dog

Submitted by Mark Esposito, Guest Blogger

Seeing-eye dogs are a feature of most urban areas and a godsend to folks disabled by challenges to their vision. What isn’t so common is a seeing-eye dog for a dog.  Ellie, a King Charles spaniel, is the victim of abuse by humans and almost totally blind. Kept in the dark most of her life before her rescue by the local SPCA, her eye muscles haven’t developed and  she suffers from bilateral cataracts. While the SPCA raises money to pay for an operation that could mitigate the problem, Ellie’s protection  has fallen to an unlikley hero.

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Constitutional Law, Politics, Religion, Society, Uncategorized

Does the Anti-Abortion Movement Hate Women’s Sexuality?

Submitted by: Mike Spindell, guest blogger

The abortion issue is not solely about a women’s right to choose, it is about the hatred and fear of women’s sexuality. There is a subtext to this movement, shown plainly by the actions of many Anti-Abortion supporters, that goes way beyond the issue of whether abortion is murder. This is not asserting my opinion as to the validity of either side in the Anti-Abortion debate. It is not to stir up a debate for or against abortion. I’ve commented here enough for people to know where I stand on the issue. What has bothered me for a long time on this issue has been whether it is just about being for or against a women’s right to choose? If it is only about the right of choice, then I could at least accept that those who would deny it have sufficient beliefs to justify their actions, without there being another unspoken agenda. Indeed, the original initiator of the anti-abortion issue was the Roman Catholic Church.
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Justice, Society, Uncategorized

What Makes A Good Law, What Makes A Bad Law?

Submitted by Gene Howington, Guest Blogger

In 1780, John Adams succinctly defined the principle of the Rule of Law in the Massachusetts Constitution by seeking to establish “a government of laws and not of men”. This reflects the democratic principles enshrined in the Constitution’s preamble: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” The very foundation of our legal system says that the law should work for us all, not just a select few.

This raises the question of what is a good law that serves the majority of society and what is a bad law that doesn’t serve the majority of society?

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Criminal law, Justice, Society

Florida Sheriff: No Underwear (And No Dignity) For You!

Submitted by Mark Esposito, Guest Blogger

Jail Reformer Grady Judd

Polk County Sheriff Grady Judd has a budget problem. Claiming concern about having to make job cuts in a tough economy or to provide luxury items to inmates, this prison reformer took the path of least resistance. Problem is, to Sheriff Judd, “luxury items” include jail-provided underwear. Seems the prison uniform includes the proviso of “going commando” for the male inmates. Female guests face no such concern and are provided free undergarments and the reason for the different treatment is a tad unclear. Maybe Sheriff Judd is teaching the value of smooth panty lines. In any event, the foundation-free policy is saving his budget $45,000.00 or as Judd puts it “$45,000.00 is one person’s job we’re saving. If inmates want to wear underwear in jail, they can buy it, just like hard working Polk County citizens do.” Lest you think Judd a throwback to the days of Les Miserables, you should know that entrepreneurship is alive and well at the Polk County jail. Briefs can be purchased for $2.54 and boxers for a mere $4.48. And to avoid the tedious chore of having to inspect the skivvies for weapons, male inmates may not bring in their own underwear. No word yet on two for one sales, or if other “luxuries” like tooth brushes and toilet paper will become items offered for purchase at the jail.

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