Uncategorized

Finding Jesus in the Dock: Michael Vick’s Post-Indictment Conversion

I once had dinner with a Texas judge who asked me if I knew where Jesus lived. When I answered no, he replied “he lives at Huntsville Prison because all my prisoners tell me they find him there.”

Today, Michael Vick became the latest to find Jesus in the post-plea stage of his life. He appears to have shown “bad judgment” in carrying on the medieval form of entertainment known as dog fighting — simply a matter of “growing up.” I have four kids under nine and, without growing up, they would be physically ill to watch what Vick enjoyed as entertainment.

For the full story, click here

Justice, Politics

Chertoff to Replace Gonzales

It appears that Michael Chertoff may be the replacement for Alberto Gonzales. Chertoff would come with good national security credentials to signal that the administration is not going soft on terror. He is also a former judge. Notably, he once worked Rudolph Giuliani against the mob in New York. One problem for democratic and independent citizens is Chertoff’s role in drafting the Patriot Act. His nomination would also place the Administration’s record on terror in the spotlight.

Justice, Uncategorized

Alberto Gonzales Resigns

The New York Times is reporting that Alberto Gonzales will finally resign today as attorney general of the United States. It is a sad end to what should have been a historic term for the first hispanic to hold that office. As one of the critics of Gonzales, it is hard not to feel a sense of relief but that is also tempered by a feeling of tremendous waste. I expect that Gonzales may look back at his controversial tenure in a few years and wonder whether he would have better served the president, the country, and indeed himself but being a voice of independence in the government. Instead, Gonzales made a career as the enabler for George W. Bush. When they wanted to strip citizens of all of the constitutional rights at the whim of the president, Gonzales was there to say it was fine. When they wanted to engage in torture, Gonzales was there with a pen in hand. One can only wonder how much better this president would have fared if he had a lawyer prepared to tell him that he did not have such Caesar like qualities.

For some past columns, click here and here

Environment

Japanese Version of Whale Watching: Whalers Kill a Whale in Front of Eco-Tourists

Tourists in Japan were able to get more than they bargained for when they went looking for whales in the wild: a front seat view of the Japanese pro-whaling policies in action. While watching a large whale surface off the coast of Japan, a Japanese fishing boat approached an hauled the harpooned whale in for processing. Continue reading “Japanese Version of Whale Watching: Whalers Kill a Whale in Front of Eco-Tourists” →

Environment

China’s Environmental Crisis

China’s environmental crisis appears to worsen by the day due to run awat development and a lack of enforcement. I am currently completing a review of the Chinese system for publication in China and eventually in the United States. The figures are astonishing and frankly frightening. I have proposed a system of private attorneys general like the one in the United States. It has obvious political barriers in China’s one-party state. However, China is experiencing a disaster in the loss of surface water, desertification, air pollution and other problems associated with the externalities of economic expansion and pollution.

The New York Times today has an excellent piece on the problem. For the story, click here

Constitutional Law, Politics

California Electoral Vote Plan: A Worthy Proposal Made For Unworthy Purposes

The proposal to divide California’s electoral votes has served to remind citizens of the continued dysfunctional role played by the electoral college — which should be eliminated by constitutional amendment. The idea of passing state laws to divide votes between candidates is at least an improvement — moving away from the winner take all approach. In California, it is clearly be advanced for partisan reasons to help the next Republican nominee. Continue reading “California Electoral Vote Plan: A Worthy Proposal Made For Unworthy Purposes” →

Uncategorized

Balloon Fire in British Columbia and Strict Liability for Ultra-Hazardous Activities

The terrible balloon accident in British Columbia, see video here raises a long debate over whether certain activities should be treated as strict liability offenses. Under the common law and the Restatement of Torts, certain activities are so dangerous that they are classified as ultra hazardous or abnormally dangerous — leaving the operators strictly liable for injuries. Air flights long been classified in this sense, though that is a bit dated given the safety record of airplanes. However, ballooning would likely still fall into this category. Of course, there remains the question of assumption of the risk in such cases, which historically is a complete defense.

Uncategorized

Limits of Consent: Multiple Knives, a Pick Axe and Restraints

In both torts and criminal law, the question of consent is raised to vitiate or negate battery. This is particularly common in the growing number of rough sex cases. In Wisconsin, a case takes this to an extreme with a man who was tied up, repeatedly cut, and chased with a pick axe. The accused Tiffany Sutton, 23, is charged with nine counts of aggravated assault. She recently pleaded guilty to one count of aggravated assault and one count of dangerous aggravated assault.

For the story, click here