Congress, Constitutional Law, Courts, Free Speech

Supreme Court Lifts Stay On Senate Enforcement Of Subpoena In Backpage.com

senate_large_sealYesterday, I testified about the subpoena power of Congress under Article I and briefly discussed the recent free speech challenge to the Senate subpoena issued against Backpage.com. I mentioned in the hearing that the district court had issued a sweeping reaffirmation of congressional subpoena authority, but that Chief Justice John Roberts had issued a stay. Now, the Supreme Court denied the appeal. The decision further strengthens the case of the House Science Committee.

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Environment, Society, Torts

Alexandria Dispute Raises Question of “Spite Fence” Liability

In my torts class, we discuss “spite fence” cases where neighbors change structures that are maliciously erected to block sunlight or views. An interesting case has arisen not far from my home in the nearby Del Rey area of Alexandria. Owner-architect Gaver Nichols has objected to garage construction that will block both light and air for Paul and Patrice Linehan’s kitchen’s window — leaving a view much like this one to enjoy. There appears to have been bad blood between the neighbors. What is particularly interesting is that Nichols designed, built and sold the Linehans’ house to them in the mid-1990s.

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Academia

U.S News And World Report Issues New Ranking Of Universities

unknownOne of the highest stress moments for academics these days is the announcement of the U.S. News and World Report rankings that continues to drive applicants and donors alike. The new ranking is out on undergraduate schools. Princeton University, Harvard, and the University of Chicago (tied with Yale) took the top three spots. The University of Chicago is particularly gratifying for many faculty members rallying around UChicago over the “Chicago Principles.”

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Bizarre, International, Society, Torts

Eighteen Year Old Austrian Women Sues Parents for Posting Childhood Pictures On Social Media

mommiedearestbookIn Austria, the parents of an 18-year-old women have been sued by their own daughter for what is usually considered the domain of adoring parents: posting childhood pictures. The woman claims that her parents have made her life miserable by posting 500 images on social media without her consent. However, that suggests that parents are not the owners of such pictures when children are still below the age of majority. For years, I have told my complaining children to save whatever grieves them for another chapter in their eventual book, Daddy Dearest.

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Academia, Congress, Constitutional Law, Courts, Criminal law, Environment, International, Media, Politics, Science, Society, Testimony

TURLEY TESTIFIES IN HOUSE SCIENCE COMMITTEE ON CLIMATE CHANGE CONTROVERSY

800px-Capitol_Building_Full_ViewI will testify this morning before the United States House of Representatives Committee on Science, Space, and Technology on the controversy over dueling state and federal investigations involving the climate change debate. After various state attorneys general announced investigations of Exxon Company over its opposition to climate change theories (including subpoenas either to or concerning conservation public interest groups), the Committee issued its own subpoenas to the prosecutors and environmental public interest groups involved in the campaign. That has triggered a confrontation as the prosecutors and environmental groups raised constitutional objections to the House subpoenas. The full committee hearing will start at 10 am in 2318 Rayburn House Office Building.

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

Former Clinton Aide Defies House Subpoena While Other Former Aides Invoke The Fifth Amendment Right To Remain Silent

logo-mainjason_chaffetz_official_portrait_111th_congressI recently discussed the questions raised over the Justice Department giving the two former aides to Hillary Clinton immunity — and thereby removing any serious threat of prosecution while seeking information on their superiors. As part of that discussion, I posed the question of whether these previously immunized witnesses would defy Congress. That confrontation appears to be brewing after the former State Department IT specialist who set up Hillary Clinton’s private server Bryan Pagliano simply ignored a subpoena to appear this week before the United States House Committee on Oversight and Government Reform. Ironically, I will be testifying this morning on the congressional authority to enforce subpoenas in the House of Representatives. House oversight committee Chairman Jason Chaffetz (right) will now have to decide whether to move to hold Pagliano and other defiant former Clinton aides in contempt for refusing to appear or respond to the Committee.

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Bizarre, Criminal law

West Virginia Officer Tries To Convince Man With Unloaded Gun To Surrender . . . Police Chief Fires Officer For Not Just Shooting Him

weirton0518Weirton police officer Stephen Mader would seem the very model of courage after he confronted an armed man and, rather than just shooting him (which seems all too common today), he engaged Ronald D. Williams Jr., (shown left) in conversation to try to get him to drop the gun. He said the gun was not pointed at him and was by his side (it turned out to a unloaded and he believed it was a case of “suicide by cop”). He was speaking to the man when two other officers arrived and shot and killed the man. Mader was then fired. Why? Weirton Police Chief Rob Alexander and his colleagues believe Mader should have just killed the man and been done with it.

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Bizarre, Criminal law

Tampa Man Asks Cousin If Bulletproof Vest Works . . . Cousin Finds Out By Shooting and Killing Man

c1ccca09-a904-46c2-bc8d-08a6ea4030e1-1473695644-2168Joaquin Mendez, 23, has a cousin who is lethally literal. Alexandro Garibaldi, 24, (left) was with Mendez when his cousin asked whether a bulletproof vest he had put on “still worked.” Garibaldi allegedly responded by saying “Let’s see” and shooting his cousin who died from the fatal wounds.

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

BROWN FAMILY FILES APPEAL WITH SUPREME COURT IN SISTER WIVES CASE

Supreme CourtThis afternoon, the Brown family filed its appeal with the United States Supreme Court in the “Sister Wives” case. The case is Brown v. Buhman, No. 14-4117. As lead counsel for the Browns, I am joined on the petition by co-counsel Thomas Huff and we benefited from the input of our long-time co-counsel in Utah, Adam Alba. The petition asks the Court to resolve a longstanding conflict among the courts of appeals concerning the extent to which the government can strategically moot a constitutional challenge to a statute by announcing a new non-enforcement policy during the pendency of litigation. The petition is attached below.

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Bizarre, Media, Religion

Mega Church Pastor Steven Furtick Declares God Does Not Want People To Know How Much He Makes

350px-God2-Sistine_ChapelIt is often remarkable how ministers facing tough questions on their income or luxury purchases will find a way to explain their lifestyle or secrecy as a biblical command like our prior discussion of televangelists who insisted that they really need private luxury jets. Now Elevation Church Pastor Steven Furtick is insisting that he would love to disclose how much he makes annually but it would be against the will of God.

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Bizarre, Society

Miracle Mattress Store Closes Doors After Outcry Over Its “Twin Tower” Sale

screen-shot-2016-09-11-at-5-45-06-pmMany of us remembered the 15th anniversary of 9-11 yesterday in reflection. However, Miracle Mattress store spent the weekend closing its doors and fielding irate messages from people who saw its “Twin Tower sale” days before the anniversary. The unbelievably tasteless commercial is below.

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