Category: Society

Constitutional Law, Justice, Politics, Society

Wanted: Red Or Restrained

Submitted by Mark Esposito, Guest Blogger

Wisconsin Republican leaders are law and order types indeed. Unhappy that fourteen Democratic state senators are boycotting Governor Scott Walker’s union busting party, they have authorized the Senate Sergeant at Arms to round-up the legislative desperadoes “with or without force.” The Gang of 14, of course, are holed up in the neighboring Illinois badlands but Sheriff Walker wants to get his men (and his agenda railroaded through) so niceties like democracy and respect for the rights of the opposition need  not be  observed.

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Criminal law, Society

“The Beast Has Eaten!”: MS-13 Member Offers The Nation An Example of the Rising Gang Carnage in the United States

Defense lawyer Sam Schmidt, defense attorney for Julio Chavez has his work cut out. His client is looking at a first-degree murder charge but helped create the perfect case for a prosecutor: a murder in front of witnesses after which he displayed MS-13 gang signs and allegedly proclaimed “The beast has eaten!” It turns out that the man Chavez allegedly killed, Maurice Parker, 21, was not, as Chavez believed, a Blood. Just a guy wearing a red sweatshirt.
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Bizarre, International, Society

Westminster (London) Moves To Ban Lying Down in Public and Giving Away Food

A new law in Westminster (London), England would make it illegal to lie down in a public place and to give away food. It is another example of cities criminalizing or banning conduct that includes routine behavior. It is an invitation for arbitrary enforcement since I doubt the police will be arresting folks resting in the parks outside of their offices. The law can be used as an easily available justification for stopping and potentially arresting individuals.
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Criminal law, Society

Illinois Legislator Moves To Ban Filming Accident Scenes

We have been following the widening practice of police arresting citizens for filming them in public. Both courts and commentators have denounced the practice. These concerns explain some unease over a measure proposed by Illinois State Rep. Tom Holbrooke (D-Belleville) who wants to ban some filming in public — of any accident scenes. There is an obvious concern that such laws could be used to push for expanded criminalization and would give officials broad discretion in arresting some citizens seen with cameras.

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Courts, Politics, Society

Florida Court Stays Decision on Healthcare — Allowing Continued Implementation of the Law

After U.S. District Court Judge Roger Vinson struck down the healthcare law, we discussed a curious part of his opinion where he declined to grant injunctive relief but then stated that it was not necessary because his declaratory judgment served the same function. I disagreed with that view and recently the Justice Department decided to call the bluff and ask if Vinson believed that he had barred the implementation of the law nationally. They won. Vinson ruled yesterday that the Administration could continue to implement the law — despite various states citing his opinion as the basis for refusing to work with the federal government in implementing the law.
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Bizarre, Criminal law, International, Politics, Religion, Society

Ready to Wehr: Famed Designer Galliano To Face Criminal Charges Over Alleged Anti-Semitic Remarks

Famed Christian Dior designer John Galliano will face a criminal trial over an alleged anti-Semitic rank against a rival. As previously discussed in a column and a line of blog stories (here and here and here and here), various Western governments have been curtailing free speech by prosecuting blasphemy and speech against various groups. This is an example of that dangerous trend. While the alleged statements are repugnant, these laws cut deeply into free speech.
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Bizarre, Criminal law, Society

Norfolk Employee Fired After Receiving Pay for 12 Years While On Administrative Leave

Jill McGlone, a former administrative worker at the Norfolk Community Services Board, is hopping mad and I don’t blame her. She has alleged that she was wrongly terminated from a job that she had not done in 12 years while receiving full pay. McGlone was suspended back in 1998 but somehow got lost in the system — left with the dream job of all pay and no work for over a decade. She reportedly received more than $320,000 before being terminated. The case brings new meaning to the CSB’s slogan “A Stable Force in a Turbulent World.”
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Constitutional Law, Politics, Society, Supreme Court

Supreme Court Rules In Favor of Westboro Church

In an important reaffirmation of the free speech, the Supreme Court has ruled 8-1 in favor of the Westboro Baptist Church. Westboro is infamous for its deranged, homophobic protests at funerals of fallen U.S. troops. In an opinion by Chief Justice John Roberts, the Court refused to allow the universal disgust at Westboro’s views influence its decision. Only Justice Samuel Alito was willing to radically curtail free speech to punish Westboro.
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Bizarre, Criminal law, Society

California Teacher Suspended For Rattling a Table to Get Attention of the Class

I have often used this blog (here) to complain about how teachers and administrators have used criminal charges to regulate routine instances of childish behavior. Now, we have the inverse situation of a teacher who has been confronted by police over the rattling of a desk due to an irate parent. The eighth-grade math teacher at Atherton’s Selby Lane School simply rattled a table to get his students’ attention — resulting in police being called to the classroom.
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Constitutional Law, Criminal law, Society

Florida District Attorney Refuses To Prosecute Citizen for Videotaping Officer in Public

We have another case of a police officer arresting a citizen for videotaping him in public . . . with a twist. We finally have a prosecutor, Pinellas (Florida) State Attorney Bernie McCabe who refuses to prosecute such an abusive charge unlike so many other prosecutors who take these cases and perpetuate the abuse against the citizens. What is interesting is the response of Tarpon Springs Captain Jeff Young (left).
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Academia, Bizarre, Society

Fourth Grader in New York Suspended Over Kick Me Sign

A New York school has suspended a 9-year-old boy in the fourth grade for putting a “kick me” sign on the back of a classmate. The suspension was handed down for “bullying.” While I have written about the need for greater efforts against bullying, I hope that this incident is not just limited to a classic school prank.

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Bizarre, Justice, Lawyering, Media, Politics, Society, Supreme Court

Thomas Condemns His Critics As Undermining The Supreme Court

Supreme Court Justice Clarence Thomas has reportedly unleashed an attack on his critics for his violations of disclosure laws and alleged conflicts of interest. He warned law students that these critics are “undermining” the Court and endangering the country by weakening core institutions. As one of those critics, I am flabbergasted by Thomas’ remarks which show an implied disregard that seems to have now reached open contempt for certain principles of judicial ethics. There is not a hint of concern for his own conduct and how it has undermined the Supreme Court as an institution. For a prior column, click here

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Criminal law, International, Military, Society

The Obama Administration Inserts Provision Into UN Security Council Measure To Protect Mercenaries From War Crimes Prosecutions

The recent United Nation Security Council decision to freeze the assets of the Gaddafi family was heralded as a high-point of international cooperation to fight authoritarian abuse. What has gotten less press attention is the role of the United States in drafting the resolution. The Obama Administration insisted on adding a provision that barred the punishment of mercenaries for war crimes committed in the country — out of concern that the same principle could be used against U.S. contractors in places like Iraq.

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Bizarre, International, Religion, Society

U.S. Site Blames New Zealand Earthquake on . . . Gays

It didn’t take long for religious fanatics in the United States to uncover a nugget of prejudicial hate in the ruins of the recent earthquake in New Zealand. Christchurch Quake is registered in Utah and claims that the earthquake was God’s judgment on the people of New Zealand for allowing “lesbians running loose on the South Island as if they own the place.”
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