There has always been an uneasy compromise between environmentalists and native groups over whaling. Various groups with cultural histories of whaling and a need for the food have been allowed to kill a small number of whales each year. Now, authorities have discovered that one tribe shot a harpooned whale with a 50-caliber machine — hardly a traditional whaling technique. Criminal charges are possible. For the story, click here
One of the privacy related torts is the misappropriation of a name or likeness of a celebrity. Perhaps the most interesting (and in my view wrongly decided case) was the successful challenge by Vanna White against Samsung: arguing that a robot turning cards was a misappropriation of her likeness for commercial purposes. Others like Johnny Carson sued over his trademark phrase, Here’s Johnny. Now Paris Hilton is suing over her likeness and trademark phrase (“I’t Hot”) due to a card put out by Hallmark. For the story, click here
Below is a prior column on the Jefferson case from Roll Call. Continue reading “Jefferson Deserves Presumption of Innocence”
Rep. William Jefferson has filed motions challenging his criminal complaint and the venue of his trial. The motions are actually quite strong on their face, particularly the notion that the government failed to allege a connection between the alleged bribe and some official act. Continue reading “Jefferson Challenges Criminal Complaint in Alexandria”
Warren Jeffs, a cult-like leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints, will start jury selection today for his trial on two counts of first-degree felony rape as an accomplice for his alleged role in coercing the 2001 marriage and rape of a 14-year-old girl. Continue reading “Polygamist Goes on Trial”
Mike Nifong formally went to jail today. After taking the mugshot below, he will spend 24 hours in jail. He still faces civil liability for his role in the Duke scandal. For the story and mugshot, click here
The common law has long been harsh on those who practice a profession without a license. One rules imposed the professional standard of care in any injuries that result. Continue reading “Practicing Without a License: Two Arrested in California for Home Cosmetic Surgery Operations”
Various judges have ruled against the Bush Administration’s various national security programs as well as provisions of the Patriot Act. Continue reading “Judge Strikes Down Parts of Patriot Act”
From Vitter to Craig, the public has been given a steady stream of apologies from public figures. This has become an art form in D.C. You first apologize and then go into seclusion or, better yet, a detox clinic. Here is a past column on the art of apology.
The lost art of the apology
Last week the public learned an important tip from Martha Stewart in her criminal case: Being contrite is fashionable but being sincerely contrite is strictly passe. Continue reading “Art of the Apology”
The Duke lacrosse players falsely accused of rape are now seeking as much as 20 million dollars and changes in state law. These type of lawsuits constitute an important deterrent to prosecutorial abuse and thus the lawsuit is likely to be greeted by many. For the story, click here
Cars for Kids, a charity, has been sued and may go insolvent after an accident at a parade. Continue reading “Parade Accident Leads to Tort Case”
In a case with some interesting first amendment implications, a police officer has been fired after the department learned that he ran an explicit porn website that showed him and his wife. The Ninth Circuit held that an officer could be fired for “sleazy” conduct — rather than protecting his individual right to engage in lawful forms of expressions. It is another version of the porn internet legal fight that has been raging. The Supreme Court has protected the right of porn sites over federal statutes. For the story, click here
In a case with some interesting first amendment implications, a police officer has been fired after the department learned that he ran an explicit porn website that showed him and his wife. The Arizona police officer sold “vulgar and indecent” sex videos, which included scenes with his wife. The Ninth Circuit ruled against Ronald Dible and in favor of the Chandler, Arizona police department. The Court held that an officer could be fired for “sleazy” conduct — rather than protecting his individual right to engage in lawful forms of expressions. It is another version of the porn internet legal fight that has been raging. The Supreme Court has protected the right of porn sites over federal statutes. For the story, click here
Sen. Craig’s attorney has tried and failed to get the Senate to drop its planned investigation into his guilty plea. Stan Brand has a good point that this is not the type of matter that has been historically investigated. Disorderly conduct is an extremely minor offense and the matter does not relate to his senatorial duties. However, the Senate rules are quite broad and reserves the right to investigate any “improper conduct which may reflect upon the Senate.” Historically, however, this matter would not be subject to such review. There are few cases of actual expulsion or even censure in its history. Senator William Blount of Tennessee was expelled on the basis of evidence that he incited native americans to go to war against the United States. Even Joseph McCarthy was only censured after his reign of terror against accused communists.
In a case with serious implications for academic freedom, Norman Finkelstein has agreed to resign in an undisclosed settlement. Regardless of his controversial views on the Holocaust, the international campaign against Finkelstein has caused many academics object that core principles of academic freedom are being assaulted. For the full story, click here