Uncategorized

Selma’s error of omission: The specter of Shelby County

Selma

By: Cara L. Gallagher, weekend contributor

In one of the opening scenes in Selma, Ava DuVernay’s depiction of Dr. King’s quest for legislation that would end decades of disenfranchisement in the American South, Oprah plays a woman jammed up by Black codes prevalent in the South in 1965. A voter registrar quizzes her with questions that neither she nor any educated person of the time could possibly answer. She fails his test and is once again denied the right to register to vote. Right away we learn Selma is clearly not just a biographical film about Dr. King and other Civil Rights legends like Congressmen John Lewis, but also about the pain, shame, and violence endured by these men and women to get the Voting Rights Act of 1965 passed.

A group of fellow history teachers and I went to see an early release of Selma last week. I had mixed feelings about it. Continue reading “Selma’s error of omission: The specter of Shelby County” →

Courts, Criminal law, Free Speech, Justice, Lawyering, Politics, Society, Uncategorized

The Sad and Negligent Decision to Hire Officer Timothy Loehmann

Tamir_Rice_family_photo

Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

It is always tragic when anyone is killed.  It doesn’t matter if it is accidental or intentional.  The tragedy of someone dying is universal.  However, when the person killed by a Cleveland Police Officer is a 12-year-old, tragic just doesn’t seem to describe it correctly.  You will probably recall the recent case out of Cleveland, Ohio where 12-year-old Tamir Rice was killed by Officer Timothy Loehmann.

Tamir Rice was shot while playing in a Cleveland park.  A citizen called 911 and suggested that a juvenile was pointing a gun, which was probably a toy, at people in the park.  When Officer Loehmann and his partner answered the call they saw Tamir playing on a swing with the “weapon” in the waistband of his pants.  Released videos suggested that Officer Loehmann fired at Tamir within 1-2 seconds of arriving at the park. That same video evidence also shows police throwing Tamir’s 14-year-old sister to the ground and handcuffing her.

When I first heard about the November 22nd, 2014 incident, I was shocked that a 12 year could be gun downed by a police officer.  Even the recent stories about the police killing suspects in New Mexico, Missouri, New York City, to name a few, did not prepare me for this killing.  Tamir was a 12-year-old child.

When the videos came out and when the truth about Officer Loehmann surfaced, I realized that Officer Loehmann was unfit for duty as a police officer anywhere and the Cleveland Police Department was negligent in hiring an unstable young man to patrol its streets.  The decision to hire Officer Loehmann initiated the sad outcome in November. Continue reading “The Sad and Negligent Decision to Hire Officer Timothy Loehmann” →

Bizarre, Criminal law, Media, Society

CRIME OF THE CENTURY FOILED BY INTREPID FLORIDA DETECTIVE

By Darren Smith, Weekend Contributor

eliot-nessA Manatee County Florida Sheriff’s Detective solved what could have been one of the greatest heists of recent memory.

Crime solver, Detective Todd Zink, caught a recently released inmate red handed; saving John Q. Taxpayer and the state treasury a tidy fortune.

Suspecting that this sly cad might have lifted something before she was released from jail, Detective Zink showed an impressive level of clairvoyance when his tough, streetwise diligence tracked her down before she could fence the loot to the underworld. The theft of this treasure, as with other fine works of art and antiquities to the illicit international art market, would represent an unparalleled loss to the culture of our great republic.

We invite you to read on, for another exciting chapter of Detective Zink, the Eliot Ness of Florida.

Continue reading “CRIME OF THE CENTURY FOILED BY INTREPID FLORIDA DETECTIVE” →

Criminal law, Justice, Society

U.S. Attorney General Halts Controversial Asset Forfeiture Program

By Darren Smith, Weekend Contributor

Attorney General Holder
Attorney General Holder

The Justice Department announced a new policy directive issued by Attorney General Eric Holder prohibiting the practice of the federal government adopting local asset forfeiture cases to the federal level. Adoption allows local law enforcement agencies the ability to utilize broad and powerful federal forfeiture and seizure laws that offer greater ability to take assets than what similar state laws would provide.

This comes as a reversal of a decades old policy of “Equitable Sharing” where the federal government would allow local law enforcement agencies the ability to use federal agencies and law to take assets in situations where state law would not permit such seizures.

The former policy had essentially the effect of hiring out the federal government in exchange for a “piece of the action.” The US would retain twenty percent of the assets and remand the remaining eighty percent to the states. With the exception of seizures relating to “public safety” such as firearms and explosives cases, this new policy change effectively could shut the door on what has been widely criticized to be a form corruptive abuse against citizens.

Continue reading “U.S. Attorney General Halts Controversial Asset Forfeiture Program” →

Bizarre, International, Politics, Religion

Turkish President Erdoğan Continues To Make Bizarre Statements. This Time It Is Terrorist Outrages

By Darren Smith, Weekend Contributor

220px-Erdogan_croppedOnly several days after world leaders converged on Paris to express solidarity with the French People and remorse for the victims’ families of recent terrorist attacks there, Turkish President Recip Erdoğan provided the world another gaffe that nested between the bizarre and the mysterious.

Though Turkey’s Prime Minister Ahmet Davutoğlu attended the memorial led by numerous heads of state in a parade rally, a significant step backwards occurred when President Erdoğan later proclaimed that Muslims have never taken part in terrorist massacres.

Continue reading “Turkish President Erdoğan Continues To Make Bizarre Statements. This Time It Is Terrorist Outrages” →

Courts, Criminal law, International, Politics, Society

International Criminal Court Prosecutor Opens Examination Of Situation In Palestine Weeks After PA Grants ICC Jurisdiction

By Darren Smith, Weekend Contributor

150px-International_Criminal_Court_logo.svgIn a sign of additional international scrutiny to come for the conflicts within the areas administered by the Palestinian Authority, the International Criminal Court (ICC) received a declaration on January 1st granting the ICC jurisdiction within Palestine. Following this, and the behest of the PA, the ICC Prosecutor opened an examination into the events occurring within PA administered territories.

Continue reading “International Criminal Court Prosecutor Opens Examination Of Situation In Palestine Weeks After PA Grants ICC Jurisdiction” →

Bizarre, Torts

Driver Captures Moment of Collision With Flying Tire

This scary video captures how little time a driver can have in avoiding a wreck when a tire flies over a median at the approaching car. We often deal with accidents in torts but it is hard for a jury to sometimes understand the very limited time for reaction. Indeed, one of the tricks of litigators is to give a sense of greater time by breaking up the period in a series of decisions or actions.

Continue reading “Driver Captures Moment of Collision With Flying Tire” →

Academia, Lawyering

GW Accused Of Poaching Transfer Students

charles-spencelayh-the-poacher-approximate-original-size-7x9150px-gwulogoGeorge Washington Law School (where I teach) has been accused of “downright predatory” tactics by the Associate Dean for Faculty and Academic Affairs in its acceptance of transfer students from American law school. The tension caused by transfers has increased during a period of reduced applications. Not only are schools fighting over a small applicant pool, but transfer students are effectively “off the books” for the purposes of reported GPA and LSAT rankings used by U.S. News and World Report. Thus, schools are more inclined to accept a transfer student in the second year (when scores are not reported) than when they first applied as first-year students.

Continue reading “GW Accused Of Poaching Transfer Students” →

Bizarre, Criminal law

Two Fleeing Felons Allegedly Toss Out Bag Of Cocaine . . . Which Lands On Police Car

vazquezvalesAs a Bears fan, I am used to turnover passes at critical moments but this is ridiculous. Kissimmee (Florida) officer Christopher Breuer was trying to pull over a gold Acura at 2 am after the car allegedly slammed into his cruiser. However, the car kept going after Breuer put on the lights. Trailing the car with this spotlight on the occupants, he then saw the sun roof open and a hand threw out a bag of cocaine . . . which landed on the hood of his police cruiser. Luis Vazquez, 30, (left) and driver Jose Vales, 38,(right) are now under arrest.

Continue reading “Two Fleeing Felons Allegedly Toss Out Bag Of Cocaine . . . Which Lands On Police Car” →

Bizarre, Society

One In A Million: Park Employee Finds Winchester ’73 Leaning Against A Juniper Tree In Nevada Park

imrs-1.phpThis story hit all of my buttons: national parks; vintage guns; history; hiking. Recently, a Parks employee was hiking in a remote part of the Great Basin National Park when they spotted something leaning against a juniper tree. It was a 132-year-old Winchester rifle and appeared to have not moved since it was leaned against an old tree — eventually weathered to the point that it virtually blended into the tree unless you were close by. For a rifle that produced the famous “One in One Thousand,” this is truly a one in a million.

Continue reading “One In A Million: Park Employee Finds Winchester ’73 Leaning Against A Juniper Tree In Nevada Park” →

Constitutional Law, Criminal law, Free Speech, International, Media, Politics, Religion, Society

Not Charlie: Pope Francis Declares That There Must Be “Limits” To Free Speech In Criticizing Religion

120px-Pope_Francis_in_March_2013_(cropped)707192-une-charlie-png.jpgAs many on this blog know, I am a great fan of Pope Francis who has brought an inspiring leadership to the Church that has drawn millions back to the faith. Given that admiration, I was disheartened to read the Pope’s comment on free speech today. I ran a column last weekend on how world leaders are failing over themselves to “Stand With Charlie” after the massacre of editors and staff at Charlie Hebdo magazine. However, the West has been rolling back on free speech rights, including some of these very leaders. Pope Francis added his view this week to those insisting that free speech must have limits when it comes to insulting people about their religion. It is a disappointing observation, particularly when coupled with a rather poor analogy.

Continue reading “Not Charlie: Pope Francis Declares That There Must Be “Limits” To Free Speech In Criticizing Religion” →

Constitutional Law, Criminal law, Society

Free Range Versus Helicopter Parenting: Washington Case Could Define Limits For Parents Wanting Kids To Push Life’s Limits

220px-LAPD_Bell_206_Jetranger250px-Free_Range_Hens_-_geograph.org.uk_-_342791There is an interesting case out of Washington that pits the “free range children” movement against child welfare authorities. Danielle and Alexander Meitiv believe in the new movement to reject “helicopter” parenting and allow child to push limit in venturing out on their own and testing self-reliance. For many parents, the specific controversy would seem much too do about nothing” a one-mile walk home for the two Meitiv kids aged 10 and 6. However, the kids were stopped halfway by police who reported the parents to child welfare, which continues to investigate them for endangering their children.

Continue reading “Free Range Versus Helicopter Parenting: Washington Case Could Define Limits For Parents Wanting Kids To Push Life’s Limits” →

Constitutional Law, International, Politics, Society

Austria Moves To Expropriate Hitler’s Childhood Home To Prevent Its Use As A Shrine

Geburtshaus Adolf Hitlers in Braunau am Inn225px-adolf_hitler_cph_3a48970The town officials in Braunau, Austria have a bit of a problem. They have a pretty Renaissance home with “location, location, location” but also history, history, history. The picturesque corner home happens to be the birthplace of Adolph Hitler and the town is exploring ways to preventing it from continuing to draw neo-Nazis as a type of fascist heritage tour.

Continue reading “Austria Moves To Expropriate Hitler’s Childhood Home To Prevent Its Use As A Shrine” →

Constitutional Law, Criminal law, Free Speech, International, Media, Politics, Religion, Society

Turkish Court Bans Charlie Hebdo Cover With Mohammad Cartoon After Erdogan Returns From Free Speech March

220px-Recep_Tayyip_Erdogan707192-une-charlie-png.jpgRemember Turkish President Recep Tayyip Erdogan’s outrage over the appearance of Israeli Premier Benjamin Netanyahu at the Paris march for free speech? It seems a rather bizarre scene for a man who had led to one of the greatest rollbacks on free speech and press freedom in Turkey’s history as part of his insertion of Islamic fundamentalism into the once secular state. The irony only grew today after a Turkish court banned websites from show this cover of Charlie Hebdo’s magazine following the massacre of its editors and staff by Muslim extremists.
Continue reading “Turkish Court Bans Charlie Hebdo Cover With Mohammad Cartoon After Erdogan Returns From Free Speech March” →

Constitutional Law, Criminal law, Free Speech, International, Media, Politics, Religion, Society

France Follows Freedom of Speech Rally With Crackdown On Free Speech

300px-Eugène_Delacroix_-_La_liberté_guidant_le_peupleThis weekend I wrote a column for the Washington Post on the crackdown of free speech in France. The column suggested that, if the French really wanted to honor the dead at Charlie Hebdo, they would rescind the laws used to hound them and threaten them with criminal prosecution for years. (Indeed, at least one surviving journalist expressed contempt for those who now support free speech but remained silent in the face of past efforts to shut down the magazine). Now, however, news reports indicate that the French government is doubling down on criminalizing speech in the name of free speech after the massacre. France has reportedly made dozens of arrests of people who glorify terrorism and engage in hateful or antiSemitic speech.

Continue reading “France Follows Freedom of Speech Rally With Crackdown On Free Speech” →