Missouri Professor and Administrator Captured on Tape Leading Attacks On Journalists Trying To Cover Protests

Screen-Shot-2015-11-10-at-6.41.56-PM-620x375The controversy surrounding the resigned of University of Missouri System President Tim Wolfe this week. Critics continue to debate whether Wolfe acted in a way that warranted demands for his removal while others view racial incidents on campus as the fault of the Administration. This is a worthy debate for any university. However, a recent incident should raise equally determined calls for the removal of school officials who appear to have led attacks on the media and free speech as part of student protests. Mass communications professor Melissa Click has since apologized for disgraceful conduct in attacking the media — a curious act by a mass communications professor and the antithesis of an academic committed to free speech.

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Fifth Circuit Rules President Obama Violated Constitution On Unilateral Immigration Changes

A federal appeals court said President Obama’s own words claiming powers to “change the law” were part of the reason it struck down his deportation amnesty, in a ruling late Monday that reaffirmed the president must carry out laws and doesn’t have blanket powers to waive them.

US-CourtOfAppeals-5thCircuit-SealThe United States Court of Appeals for the Fifth Circuit has ruled that President Barack Obama violated the Constitution in order unilateral changes to immigration laws in the latest such ruling against executive overreach by the President. The President’s own words were used by the panel to rule that he intended to unilaterally change the law.

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Tale of Two Cases: Supreme Court Rules For Officer In Texas Shooting As Two Officers Are Arrested In Lousiana Shooting

Derrick+Stafford+and+Norris+Greenhouse+Jr.The Supreme Court has reversed the United States Court of Appeals for the Fifth Circuit in a police shooting case where a police officer who fired six times at the car of a fleeing arrestee. The Court found that the officer was entitled to qualified immunity in a civil suit. The ruling comes as prosecutors filed charges against two Louisiana officers in the Fifth Circuit in the shooting death of a 6-year-old autistic boy. Thirty-two-year-old Derrick Stafford of Mansura and 23-year-old Norris Greenhouse Jr., of Marksville each is charged with second-degree murder and attempted second-degree murder. Bond has been set at $1 million for each officer. The father has not been told that his son was killed.

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And You Thought They Were MADD Before . . . : Florida Police Officer Shows Up Intoxicated To Accept Award From Mothers Against Drunk Driving

200px-maddIt is hard to blow an awards ceremony like the one meant to honor Pinellas County deputy Michael Szeliga hosted by Mothers Against Drunk Driving . . . except when you appear stumbling drunk after being sighted walking around in the hallway of the hotel in your boxers.

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International Agency Calls For Ban On All Russian Athletes Competing In World Events Due To “Deeply Rooted Culture of Cheating On All Levels”

Russian Flagthumb_needle_blood_inject_analisi_del_sangue_archi_01The World Anti-Doping Agency (WADA) has issued a blockbuster report that calls for Russia to be banned from international athletics for doping violations and a “deeply rooted culture of cheating at all levels” within Russian athletics. We have previously discussed the lax treatment of cheating by countries like China in international sports. WADA has not only bucked that trend but criticized the long-ridiculed the International Association of Athletics Federations (IAAF) for its “inexplicable laissez-fair policy.” Bravo, WADA, Bravo.

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Thank You Philly

IMG_3779I returned yesterday from a wonderful visit in Philadelphia where I spoke at the ABA conference on Labor and Employment law. For a constitutional scholar, trips to Philly will always have a certain sacred feel. I never visit without stopping by Independence Hall and walking around that wonderful building. From the great food to the great history, Philly remains a fun city to visit. We often use this blog as a travel blog for our readers who travel on business or fun and I have a few recommendations to share.

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Young Texas Lawyer Attracts Notoriety With Screaming “Texas Law Hawk” Ads

Screen Shot 2015-11-06 at 4.51.12 PM
I have previously written about how some attorneys continue to ignore bar standards encouraging firms to show basic professionalism and decorum in advertising, including truly bizarre pitches for clients. The vast majority of lawyers show great restraint in deference to the standards of our profession. But there remains a minority of lawyers to have joined a race to the bottom in creating juvenile, unprofessional advertisements like Bryan Wilson in Texas. Wilson has opted for an obnoxious advertisement showing himself screaming about being the “Texas Law Hawk.” While many relish lawyers demeaning themselves and find this type of ad funny, it is a disgrace to the profession and no doubt an embarrassment to Texas Tech University where he acquired his legal education. Apparently, the lessons on professionalism did not stick with young Wilson despite reportedly graduating at the top of his class.

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Rambler Goes Reggae: Leading Critics of the Redskins Is Under Fire After Posting Pictures Of Himself In Black Face

CTAgBQ9UAAA53bNThis picture has caused a considerable outcry not just because it shows someone in blackface but who the person is. This is San Carlos Apache chairman Terry Rambler who two years ago joined President Barack Obama to denounce the “racially offensive” name of the Washington Redskins. For the purposes of full disclosure, I have been critical of the legal moves to force the team to change its name (though I have no problem with protests and efforts at a boycott for those offended by the team name).
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Man Arrested In Fatal Hit-And-Run In California Was Previously Deported Six Times

Ramon-Jaime-HortaA tragic hit-and-run crime in California has rekindled the controversy over our porous borders after it was learned that Ramon Jaime Horta was not only driving on a suspended license but had been deported six times for criminal offenses from the country. Despite his serving time, Horta showed that he was able to move freely back into the country where he ultimately killed Marcello Bisarello in Santa Ana.

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Three Individuals Growing Medical Marijuana In WA State Convicted And Sent To Prison

By Darren Smith, Weekend Contributor

Entreating the Godfather

Nearly a year and a half ago we featured a story describing the plight of the “Kettle Falls Five” who were arrested by the federal Drug Enforcement Agency on charges relating to marijuana cultivation and firearms violations.  I am reprinting here portions of my previous article which has many details of the original case. Now, three of these defendants were sentenced to federal prison.

The confusion as to what constitutes lawful medical marijuana grows with federal deference and ten year punishments for doing so, the United States Department of Justice prosecuted five rural Eastern Washington residents accused of growing seventy-four medical marijuana plants in a private collective. Washington State is a Medical Marijuana State. The accused include a seventy year old man who states he uses the medicine to treat pain from a job related injury, his wife for her arthritis, and their son.  The patriarch of the family, the accused Larry Harvey, had the charges dropped but has since died of cancer.

While state law at the time permitted the cultivation of up to forty-five plants, federal law prohibits any cultivation.  Originally confusion of the numbers of plants that might be permissible under state law (in aggregate) should take into consideration that multiple individuals had separate grows and this led to a misunderstanding.  While the Spokane County Sheriff’s Office told the accused to remove those plants in excess of the amounts allowed, the DEA later arrived and raided their farms.

What compounds the severity for these five individuals is that within the thirty-three acre property, two of the defendants’ residence had inside several firearms, including rifles which are used by the family to hunt and for protection from wild animals. Firearms are very common in residences in rural Eastern Washington. Yet, the firearms in relation to the marijuana grow add an additional five year minimum sentence, adding to the defendants’ minimum of ten years imprisonment, something the senior defendant claimed to be a “death sentence.”

What is rather extraordinary in this effort by the department of justice, despite guidelines in not allocating resources to prosecute medical marijuana patients, the defendants claim it was a misunderstanding of Washington’s medical marijuana laws that caused them to go from legal users to being potentially imprisoned for ten years.  Many viewed this case as necessitating jury nullification.

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WA State Agency Promoting Art Of Convicted Cop Killer Leonard Peltier

By Darren Smith, Weekend Contributor

Leonard Peltier
Leonard Peltier

On the 40th anniversary of the murder of two FBI agents, Washington State is honoring the art of the two agents’ killer.  It is a shameful and dishonorable act that highlights the man who took the lives of two young law enforcement officers and an affront to their families who have for forty years endured resurrection of this killer in the news with little mention of the fallen officers.

Last Thursday I read of a Native American art exhibit being held at the Washington State Department of Labor and Industries headquarters in Tumwater, Washington. Being a fan of Native American art I travelled to the agency to review the artwork. To my dismay in the main rotunda of the state agency’s offices I saw four paintings from Leonard Peltier along with cards reading how to contact Mr. Peltier’s gallery for purchases of his works. I am familiar with his art and these works are consistent with his style of painting.

Leonard Peltier is currently serving two consecutive life sentences for the 1975 murder of FBI Agents Jack Coler and Ronald Williams at the Pine Ridge Reservation.

Now, we have a situation where a government agency is promoting the art of this convicted cop killer, which is only certain to generate controversy in the Law Enforcement Community along with the families of those who have lost their loved ones. The State of Washington is sponsoring a murderer’s artwork and providing free advertisements toward its purchase. I view this as highly unethical and a strong conflict of interest. The State of Washington should not be in the business of helping convicted cop killers profit while in prison. It is an insult to the families of agents Coler and Williams and those who have served in the profession.

The great irony of this affair is that the Washington State Department of Labor and Industries is the agency charged with paying benefits to police officers injured on the job and to also administer the Washington State Crime Victim’s Compensation Fund.

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The Fall Of Carnegie Deli

300px-Carnegie_deli_exteriorMy speech this week in New York allowed me the opportunity to return to my favorite haunts in the Big Apple like the Metropolitan Museum of Art. However, one uninterrupted tradition for decades was . . . well interrupted. As I have previously discussed, I love to go to Carnegie Deli. While touristy and over-priced, it still had my favorite corned beef and most importantly my favorite Matzo ball soup. As discussed in April, the deli closed after the discovery that it had been stealing gas for years with a dangerous illegal cut into the gas line – the same crime that resulted in the destruction of a building in New York last year with the loss of life. The deli remains closed and the scandals appear to be piling higher than its famous corned beef sandwich. On the bright side, the despicable conduct of the restaurant has led me to pursue a search for my next favorite deli. This trip brought me to the Second Avenue Deli.

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The Decline of The Great Waldorf Astoria

St_Bartholomews_and_The_Waldorf_Astoria_HotelI just returned from a speech in New York and a stay at the old classic New York hotel, The Waldorf-Astoria. As someone who loves architecture and old hotels, it is always a thrill to stay at one of the true great “Old Ladies” of Manhattan. Regrettably, I was distressed to find that New Chinese owners seem to be treating the Waldorf-Astoria more like an elderly aunt locked away in an attic while it slowly drains her estate. The Waldorf-Astoria has never looked so bad (and I have been going to the hotel for decades) and the owners appears to be relying solely on its reputation as it milks the clientele for high priced rooms. Service and the facility itself has declined considerably. Worse yet, I am told that the owners plan a renovation and will be replacing historic meeting rooms with retail shops.

I have often used this blog to offer travel blogs and hotel reviews for our many readers to travel, including business travelers who are fortunate enough to have the ability to stay at top hotels. I have reviewed hotels from a Courtyard in St. George, Utah to the Shard in London.  Admittedly, I often prefer some of the lower end hotels which can offer great service at a fraction of the cost. Indeed, I once criticized the Waldorf Astoria for bilking guests for WiFi after charging huge amounts for a room. However, there is still a place for the great old hotels like the Waldorf and it would be a shame to lose this venerable property to neglect.

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Anti-Trump Group Under Fire for Using Children To Scream Profanities and Make Obscene Gestures on Video

Deport racism kidIt is always surprising to me how some groups can snatch defeat out of the jaws of victory. At a time when calls for a crackdown on illegal immigration have been largely ignored, Deportracism.com, a Latino political action committee (PAC), has succeeded in eradicating any moral high ground that it once claimed in the debate. The organization released a disgraceful advertisement using children who make obscene gestures and profanity against Republican presidential candidate Donald Trump. If they were seeking to diminish Trump, they succeeded in precisely the opposite: making him look very statesman in comparison to their insulting, profane use of these children.

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