Constitutional Law, Media, Politics

Beto O’Rourke Accuses Fox News of Spreading The “Seeds of Terror”

As the Democratic presidential race gets more crowded and frantic, the rhetoric is rising. As with some of President Trump’s comments, one can dismiss much of these comments as irresponsible efforts to trigger a base of voters. However, some comments raises more troubling issues. That was the case with Beto O’Rourke’s comments on the media. O’Rourke accused conservative media of being the mouthpieces of terrrorism — an attack every bit as chilling as Trump’s calling the media the “enemy of the people.”

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Bizarre, Constitutional Law

Polygamy Beer Banned In North Carolina

Years ago, I handled a challenge to the decision of the State of Idaho to ban the sale of “Five Wives Vodka” due to the illegality of polygamy in the state. We succeeded in having the decision reversed. Now, however, another Utah brewery has lost its appeal of a decision to bar the sale of “Polygamy Porter” in North Carolina due to the fact that “polygamy is illegal.” It is an illogical and capricious decision that should be further appealed.

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Environment, Travel Blog

Running The Nenana With Raft Denali

One the greatest highlights of the trip to Alaska was returning to join Nenana Raft Adventures (www.raftdenali.com) on a whitewater adventure in Denali. This is one of my favorite companies, run by Judith White, who is a fixture in Denali with Nenana Raft Adventures and Denali Paddlesports. Judy attracts top raft operators from all over the country and the company is takes every precaution to give amateurs a safe but exciting time on Class Four runs along the Denali National Park. It is a wonderful way to break up days hiking at Denali and we had a ball.

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Academia, Bizarre

American University Holds Training Session On Avoiding Single Standard Grading To Achieve “Antiracist” Objectives

American University has brought in an academic from the University of Washington-Tacoma with a curious mission for an academic institution: to teach academics not to grade on the writing ability of students as opposed to their “labor.” Professor Asao Inoue believes that writing ability should not be assessed because such assessment interfere with “antiracist” objectives.

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Bizarre, Criminal law, International

A$AP Rocky Found Guilty In Sweden Despite Trump Intervention

I was previously critical of the intervention of President Donald Trump in the criminal case of American rapper A$AP Rocky  Trump not only demanded that Sweden grant bond (which is not available in Sweden) but tied the continued prosecution of the rap star to the status of diplomatic relations with our long-standing ally, Sweden. Now Rocky, whose real name is Rakim Mayers, and his two friends have been found guilty of assault.

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Bizarre, Torts

California Man Dies During Taco Eating Contest

We have previously discussed the liability issues associated with eating contests or drinking contests. In Fresno, California, Dana Andrew Hutchings competed in the Taco Truck Throwdown eating contest and it proved to be his last meal. Hutchings is believed to have choked to death during the taco-eating contest at a Grizzlies game in California. I remain surprised by the continued popularity of such contests given the obvious risks. However, these contests are often accompanied by clear waivers of liability and such tragedies are viewed as a classic assumption of the risk by courts absent some collateral negligence in responding to a medical emergency or other issue beyond the dangers of the competitive eating.

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Politics, Torts

Warren And Harris Accuse Cleared Ferguson Officer Of Murder

Facts are often strangers to politicians who want to trigger emotive responses in targeted groups. The problem is when good politics make for bad law. That seems to be the case with Senators Kamala Harris and Elizabeth Warren who have declared that Michael Brown was murdered five years ago in Ferguson, Missouri. The problem is that their statements would mean that Officer Darren Wilson is a murderer. However, Wilson was cleared in the shooting, including an exoneration by the Obama Administration. Wilson could conceivably claim defamation but the standard is quite high for a public figure.

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Environment, Hikes, Travel Blog

Day 10: Hiking Crow Creek

On our final full day in Alaska, we selected the Crow Creek trail. This was my first time on the trail but we received excellent advice from Jimmy Stokes, an amazing hotel staff member at the Alyeska Hotel in Girdwood. Jimmy saw us hiking and suggested Crow Creek. He gave us a map and great advice for the challenging hike. Like all things Jimmy, we soon discovered that he was right on the money with distances and other details. Alyeska is a terrific hotel that celebrates everything Alaska to its great food and outdoor adventures. Jimmy is an example of how the staff go the extra mile for every guest. This trail was a highlight of the trip.

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Bizarre, Media, Politics

“The Truth Hurts”: Trump Joins In On “Fredo” Mockery Of Chris Cuomo
Youtube screenshot

As many of you know, I am a constant critic of the loss of civility in our society. For that reason, I was not critical of CNN host Chris Cuomo when he reacted angrily to a guy who went out of his way to insult Cuomo by calling him “Fredo,” a reference to the weak, older brother of Michael Corleone. After calling Cuomo “Fredo,” the man mocks him further by saying “I thought that was who you were.” Cuomo responds with profanity, which is captured on video and went viral. I am sympathetic to Cuomo when people believe that they have license to insult celebrities and suspend basic rules of civility just because someone is on television. It is particularly disturbing to have the President of the United States join in the mockery and lower his office to the level of a troll.

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Environment, Travel Blog

The Wonder of Blackstone Bay

On our eighth day, we went kayaking around the glaciers at Blackstone Bay near Whittier with Alaska Sea Kayakers. This is my second trip with the company and I could not recommend them more highly. The owner, Pete, is a fixture (and Vice Mayor) in Whittier and has been doing this work for decades. They are incredibly professional and excellent environmental stewards. We had two highly experienced guides, Todd and Kevin (who turned out to be a UConn law student), who were a wealth of knowledge about the animal life and glaciers.

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Columns, Criminal law, Media, Politics

Blaming Trump For Triggering The Recent Shootings Is More About Controlling Speech Than Violence

Below is my column in The Hill newspaper on the continuing recriminations following the recent massacres. The effort to blame the massacres on Trump reflect an ongoing effort to control speech by declaring certain words to be “triggering.” In this case, the meaning is literal.

Here is the column:

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Bizarre, Criminal law

Jeffrey Epstein Is Dead, But Questions Remain Very Much Alive

Jeffrey Epstein is dead. Few will likely mourn his passing but some will publicly regret it and others will privately celebrate it. The suicide comes a day after the release of documents implicating an array of powerful figures around the world. Epstein catered to friends from Bill Clinton to Prince Andrew. The timing has already caused some to question whether this was a true suicide or an effort to get rid of a man who was becoming a major threat to major players in politics and business. Close friends have already said that they believe that he was murdered. Given the low likelihood of success for Epstein, 66, in his criminal case and the prospect of spending the rest of his life in jail, a suicide attempt was likely. However, that raises the question of how a man who was once on a suicide watch could be allowed the material, let alone the opportunity, for a suicide. It appears that guards broke protocols during the night.

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