Ninth Circuit Declares Mount Soledad Cross To Be Unconstitutional

In a ruling that could reach the Supreme Court, the Ninth Circuit has held that San Diego’s Mount Soledad cross is unconstitutional. The 43-foot cross was erected to honor veterans of the Korean war. The case is Trunk v. City of San Diego, 2011 U.S. App. LEXIS 53 (January 2011), and the case could well be on its way to the United States Supreme Court where at least four justices are likely to question this analysis.
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Vermont Police Officer Accused of Stealing Neighbor’s Television From Under Christmas Tree

In Barre, Vermont, Patrol Officer Zak Winston, 34, is facing a bizarre criminal charge that he first stole his neighbor’s television from under her Christmas tree and then, after police came to his house, tossed the TV into the Winooski River.
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Video: Police Officer Shown Beating and Then Pepper Spraying a Man in St. Louis

There is a public outcry over the video below showing St. Louis City police officer Dustin Ries beating a man with his baton outside of a St. Louis gas station. The police officer insisted that the man was drunk and unruly but the officer seems to use his baton immediately after grabbing the man and then pepper sprays him after striking him repeatedly.

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Scalia Agrees To Speak To New Conservative Members on the Constitution

Associate Justice Antonin Scalia is again in the midst of controversy with his decision to accept an invitation from Rep. Michele Bachmann (R-Minn.) to speak to incoming conservative members about the Constitution as part of their training. Bachmann, the founder of the House’s Tea Party Caucus, is leading efforts to repeal health care and seek new legislation based on a more conservative view of the Constitution. The decision to participate in such an event shows exceedingly poor judgment.

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California Supreme Court Allows Warrantless Searches of Cell Phones

The California Supreme Court has handed down an important ruling that allows police to search an arrested person’s cellphone without a warrant — a ruling that will allow police access to a wide array of information now kept on modern cellphones.
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Publisher Announces Intention to Edit Huckleberry Finn To Remove N-Word

The Adventures of Huckleberry Finn are widely viewed as an American classic. However, the editors of NewSouth Books have decided that they need to do some editing. The editors have decided to remove the “n” word from the book and replace it with “slave.” The editing of a classic raises very troubling questions from the right of an author to have his works remain unchanged to the integrity of literary and historical works. Like all great works, the book must be read with an understanding of the mores and lexicon of its time.
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Vermont Supreme Court Decides Not To Disbar Former Traffic Court Judge Who Caused Accident with Biker, Left Scene of Accident, Falsely Blamed Wife, and Gave False Statement To Police

Vermont lawyer Melvin Neisner Jr. has been suspended but not disbarred after he caused a car accident in September 2007 and then had his wife falsely claim that she was the driver — even watching as she was arrested and charged with the accident.

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Happy Feet, Unhappy Landing: Penguin Chooses Poor Escape Route From German Zoo

A penguin in Germany has learned the meaning of “out of frying pan and into the fire.” The penguin named Leona succeeded in escaping from her enclosure only to find itself in the Lion’s den with a bunch of sleeping lions. I am not sure what passes for swearing among African Penguins, but I am sure if you listened real hard you could hear a few choice words upon the landing of this particular bird.

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Uncivil Action: Florida Lawyers Sanctioned for Email Exchanges

I just saw this story on ABA Journal as a cautionary warning to those lawyers who allow their emotions to get ahead of their judgment. Two Florida lawyers — Nicholas Mooney and Kurt Mitchell — have been sanctioned for an exchange of emails that included such notable comments as one calling the other a “scum sucking loser.” The state supreme court was not amused.

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Toddler Left in ER for Hours Until Her Feet and One Hand Are Amputated

We have another case of an alleged horrific injury due to the ever-present delays at emergency rooms in the United States. Malyia Jeffers, 2, was left for hours in the ER at the Methodist Hospital in Sacramento as her Strep A devoured her body. She ultimately lost both of her feet and one of her hands to amputations and she is fighting for her life at Stanford University’s Lucile Packard Children’s Hospital.
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Why Doesn’t Senator Graham want to ever leave Afghanistan?

SUBMITTED BY LAWRENCE RAFFERTY, GUEST BLOGGER

I had a very peaceful Sunday afternoon watching my beloved Bears take it on the chin against their biggest rival, the Green Bay Packers.  It was sadly peaceful until I read a story that quoted Sen. Lindsey Graham on Meet the Press as stating that he wanted the United States to maintain permanent military bases in Afghanistan even after all NATO forces are transitioned out by the year 2014.  I thought the Bears had done enough to tie my stomach in knots, but Lindsay Graham’s statements forced me to find the last remaining antacid in the house!

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Heroes Rush In Where Police Fear To Tread

Submitted by Mark Esposito, Guest Blogger

We’ve read several times on this blog about police reluctance to help drowning victims and even to prohibit family members from leaping into the water to save their loved ones (here) when authorities refuse to help. Seems the policy is now international. Scottish police stood idly by, keeping back onlookers, as a 37 year-old woman thrashed about in the water near Glasgow’s  Albert Bridge  and repeatedly called for help.

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