Bizarre, Constitutional Law, Media, Politics, Society

Where Have All The Birthers Gone? Cruz Is Running

By Darren Smith, Weekend Contributor.

Ted_Cruz,_official_portrait,_113th_CongressI guess I will defer to Pete Seeger’s lyrical talent to explain through verse the disappearance of our friends pejoratively referred to as “birthers”: that is, those who assert President Obama was born in Kenya and as such is ineligible for office due to not being a “natural born citizen” as required by the US Constitution.

Now that Mr. Obama is in the final year of his presidency, one would think that Birthers would be legions to storm forward and attack presidential hopeful Ted Cruz, who by his own admission and clearly established facts, was–are you ready for this–born outside the USA!

It begs of course the question…Where have all the Birthers gone?
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Media, Society

Crowdsource Request: Help Identify This Asahel Curtis Photo

By Darren Smith, Weekend Contributor

asahel-curtis-41231aI recently acquired an Asahel Curtis photographic negative and ask your help in determining where it was taken and possibly who are the persons depicted.

Asahel Curtis was a prolific photographer who captured numerous cultural and scenic aspects of Washington, Oregon and Alaska during his career spanning from the early 1890s until 1941.

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Environment, International, Society, Torts

Imported Chinese Products Continue To Contain Lead and Cadmium: This Time Its Children’s Jewelry

By Darren Smith, Weekend Contributor

Cadmium
Cadmium

The occasional, and in many ways perennial, Chinese, Mexican, and Chilian export containing hazardous material continues to be a concern for child safety. This is often the result of lackluster quality controls overseas and indifference or lack of initiative on the part of children’s toy wholesalers to test products accordingly. It is a problem associated with “Just in Time” shipping methods where a domestic company simply relies on foreign manufacturers to label, ship, and distribute products to market without actually taking possession of the items to perform quality control. The situation is exasperated by lack of oversight by foreign governments and especially from the manufacturers themselves.

Time and money is needed for toy companies in the US to place quality control technicians overseas, and the temptation to avoid this cost and logistic leads to children receiving harmful doses of heavy metals and pathogens.

The latest find comes from children’s jewelry.
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Bizarre, Constitutional Law, Society

Chicago Bans Smokeless Tobacco At Sporting Events In Latest Curtailment of Consumer Choices

b12cf6cf345d7eda55583551f549b7a2I have long been a critic of legislation that forces citizens to make healthy choices in their eating or drinking or lifestyle, including the “Big Gulp” laws like those in New York City. Once politicians start to dictate health choices, we have seen the desire to become insatiable as more and more “bad choices” are banned. One such example occurred in my home city, Chicago, when the city council banned smokeless tobacco (as well as raised Chicago’s smoking age from 18 to 21). While the age change will create the anomaly of having 18 year olds subject to the draft in war but not able to choose to smoke, it is the smokeless tobacco that is the most problematic element. There is no second-hand chew health problem for other people as there is for smoking. This is merely an effort to force people to make the choices that the government deems health or correct.

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Constitutional Law, Courts, Criminal law, International, Media, Politics, Religion, Society

“Democracy, Freedom, and the Rule of Law Have Absolutely No Value Any Longer”: Turkish President Seeks To Declare Journalists and Others “Terrorists” Under Proposed Law

220px-Recep_Tayyip_ErdoganTurkey continues its plunge into authoritarianism under President Tayyip Erdogan. So as to leave no doubt about his tyrannical aspirations, our close ally Erdogan is seeking to change the definition of a terrorist to include anyone he deems to be “supporters” of opponents or listed groups, including members of parliament, civil liberties activists and of course journalists. In in a televised speech this week he declared “democracy,, freedom, and the rule of law have absolutely no value any longer.”
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Columns, Constitutional Law, Criminal law, Society

The Garland Nomination: The Unstoppable Force Meets The Unmovable Object

Merrick_GarlandBelow is my column in USA Today on the Garland nomination. I have said previously that I believe that the Senate should give the nominee a hearing and a vote. However, there is nothing in the Constitution that requires (or would compel) such action. Of course, if a Senate prolongs non-consideration, a president can use a recess appointment to temporarily fill the slot (assuming the Senate does not stay in pro forma session to bar such a manuever).

Here is the column:

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Bizarre, Criminal law

Michigan Man Uses Adele Song To Apologize To Victim and Court During Sentencing Hearing

sorry_felonBrian Earl Taylor, 21, last week had a unique way to show that he is soulful after being convicted for unlawful imprisonment and carrying a concealed weapon. He did so in song before an audience of Washtenaw County Trial Court Judge Darlene O’Brien and assembled lawyers and onlookers. He chose “Hello” by Adele as shown in the video below.

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Bizarre, Media, Politics, Society

“We Stand With Our Incumbent Members”: Opponent of Wasserman Schultz in Florida Denied Access To Democratic Voter Data

Wasserman SchultzFlorida congresswoman Debbie Wasserman Schultz has been widely accused of being a key architect of “rigging” the primary in favor of Hillary Clinton. Among the various controversies surrounding Wasserman Schultz was her blocking Bernie Sanders’ campaign from accessing the DNC’s voter data files, which contain email addresses and telephone numbers for constituents. Now Tim Canova, a law professor at Nova Southeastern University who is running against Wasserman Schultz for her seat in Congress, has revealed that found out that he too is blocked from accessing Democratic voter data. Mind you he is a Democrat but the state Democrats confirmed that only incumbents can gain access to the valuable resource in what critics have said is a blatant effort to favor such candidates. Canova has made the denial to the VAN system part of his campaign while various groups and individuals have campaigned for her to be removed as DNC head.
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Bizarre, Courts, Criminal law, Lawyering, Society

Chief Judge In Washington Resigns After Woman Alleges Sexual Assault From His Time As A Prosecutor

Richard_W._RobertsThe D.C. legal community was rocked today with news that Chief Judge Richard W. Roberts has resigned after being accused of a sexual assault when he served as a prosecutor in a high-profile case 35 years ago. The alleged victim was a teenage witness who has not sued Roberts.

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Bizarre, Politics, Society

Kansas Hispanic Commission Director Faces Calls To Resign For Supporting Donald Trump

afoster245px-Donald_Trump_by_Gage_SkidmoreWe have been discussing the increasing intolerance on the left for conservative and controversial speech. A case in point comes out of Topeka, Kansas where Adrienne Foster, the director of the Kansas Hispanic and Latino American Affairs Commission, is facing calls to resign for simply supporting Donald Trump in comments made to the Kansas City Star.

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Congress, Constitutional Law, Courts, Criminal law, Environment, Lawyering, Media, Politics, Society

PRESIDENT OBAMA NOMINATES MERRICK GARLAND

Merrick_GarlandPresident Barack Obama today surprised many by nominating the moderate Chief Judge of the United States Court of Appeals for the District of Columbia Merrick Garland. Garland is unlikely to thrill liberals. He is fairly conservative on criminal cases and tends to favor government interests. Conservatives are not going to like his vote to move to reconsider the case that became the historic Heller decision that recognized the individual right to bear arms under the Second Amendment. However, Garland moves virtually everything off the table for the Republicans. While a moderate, he is as far right as a Democratic president could go.

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Bizarre, Criminal law

Texas Police Officer Caught On Tape Allegedly Pepper Spraying Group of Bikers On Highway

Screen Shot 2016-03-15 at 7.08.30 AMThere is a bizarre story out of Fort Worth Texas where a driver videotaped a police officer spraying what appears to be pepper spray at a group of oncoming motorcyclists. The video below is slowed down to show the officer clearly spraying what looks like mace at the group as they drive by.

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Congress, Constitutional Law, Courts, Media, Politics, Society, Testimony

TURLEY TESTIFIES ON THE CHEVRON DOCTRINE IN HOUSE HEARING

800px-Capitol_Building_Full_ViewI will be testifying Tuesday afternoon before the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the Committee on the Judiciary
in the United States House of Representatives. The hearing is entitled “The Chevron Doctrine: Constitutional and Statutory Questions in Judicial Deference to Agencies”. The hearing will be held in Room 2141 (Rayburn House Office Building) and begin at 1:30 PM. My written testimony is below

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Bizarre, Criminal law, Lawyering

Top Michigan Prosecutor Arrested On Prostitution Charges

19945930-smallThere is a story out of Lansing Michigan where a well-known prosecutor, Stuart Dunnings III, has been arrested on prostitution-related charges. Dunnings once prosecuted such sex crimes but has been accused of potentially hundreds of prostitution-related incidents, including soliciting for one woman to become a prostitute. His brother was also charged.

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