The Mutt Mandate: Chicago Bans Sale Of Commercially Bred Pets

photoAs many on this blog know, I am a fanatical dog lover and I love virtually everything about my hometown of Chicago (particularly a certain football team). However, I have some serious legal qualms over a new law passed by the Chicago City Council. The City Council has a worthy goal of combating “puppy mills” where dogs are bred in crowded and cruel conditions. The city also wants to increase the adoption of dogs over commercially bred or pure breed dogs. As a result, it has now banned by a vote of 49-1 the sale of commercially bred dogs. (If nothing else, it gives me a chance to run another photo of my dog, Luna.)

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Fifth Circuit Dismisses Challenge Of Conviction Based On The Testimony Of Discredited Mississippi Pathologist

SteveHayne2-300x168There is a decision by the United States Court of Appeals for the Fifth Circuit that captures the often impossible burden placed on convicted felons in seeking new trials after errors or unfair rulings. Tavares Flaggs is a Mississippi man serving a life sentence for murder. His trial featured the discredited medical examiner, Steven Hayne (left) who has been shown to have given flawed or false testimony, including testimony in death penalty cases. Hayne sought a new trial in a post-conviction 28 U.S.C. § 2254 application. The Fifth Circuit denied the motion in three paragraphs that is as short as it is dismissive in considering the underlying issues. The government effectively argued that its witness was so notorious that the defense should have raised his incompetency at trial. It succeeded. The entire decision is below.

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Larry Mitchell Resigns From Case Western Deanship

Lawrence MitchellDean Lawrence Mitchell of Case Western Reserve University School of Law has resigned from his post after taking a leave of absence on November 6th amid charges of sexual harassment. Mitchell had previously said he would not resign and cited the support of the University. He also attracted the initial support of individuals like David Lat at Above the Law. However, the university reportedly may now be investigating the matter and a court has rejected Mitchell’s effort to strike large portions of the amended complaint.

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Florida Man Charged With Having Sex With Pit Bull

BernardMarsonek_1394060936747_3305130_ver1.0_640_480Like yearbooks, some mugshots just seem to call out for blind predictions. In the case of Bernard Marsonek, 58, “most likely to have sex with pit bull” would actually seem an option. The Tampa man was arrested after not only being seen having sex with one of his eight large pit bulls, but then refusing to stop when confronted by neighbors.

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Fuhgeddaboudit: New Jersey Judge Rules Against Teenager In Effort To Force Parents To Pay For College

article-2572711-1C07EFB400000578-224_634x612New Jersey Judge Peter Bogaard has rejected the initial effort of Rachel Canning, 18, to force her parents to pay for her financial support and college. Retired Lincoln Park police Chief Sean Canning and his wife, Elizabeth, insist that she moved out of their house voluntarily after she refused to live according to the rules of the house, including speaking respectfully to them, taking a curfew, reconsidering a relationship with a boyfriend (viewed as a bad influence) and doing chores. She said that they kicked her out as soon as she turned 18. However, the problem is that she is indeed 18 and the idea of forcing parents to pay for schooling after the age of majority is a problematic one. She has accused her father of being “inappropriately affectionate” but an investigation reportedly cleared Sean Canning (shown here with Rachel).

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Ohio Child Suspended For “Level 2 Look Alike Firearm” (AKA Finger Gun)

220px-gesture_thumb_up_then_down_forefinger_out_like_gun1We have another towering success of the “zero tolerance” rules applied blindly in our schools. Ohio school officials have finally captured and suspended Nathan Entingh, 10, after he pulled a finger gun out at school. That’s right, another finger gun suspension. While these cases have been widely denounced as insane, school officials remain undeterred and continue to hammer children with nonsensical actions. To complete this utter insanity, the family then received a letter informing them that Nathan had been found with a “level 2 look alike firearm.”

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Australian Prime Minister Pledges Moratorium On New National Parks, Expanded Logging, And A Crusade Against “The Green Ideology”

300px-Biogradska_suma200px-Tony_Abbott_-_2010We recently discussed the disturbing allegations directed against an Australian MP who dumped pollutants into the Great Barrier Reef with impunity. The case raised questions over how powerful mining interests are overwhelming environmental concerns, even in the iconic Great Barrier Reef. Now, Prime Minister Tony Abbott has shocked many around the world with a speech to the lumber industry that not only promises to stop the establishment of any new national parks but commits his government to advancing the interests of the industry.

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“Fatberg” Liability: New York Dentist Sues Companies Over Flushable Wipes That He Alleges Are Not Flushable

250px-Wet_wipeThere is an interesting products liability lawsuit by a New York dentist, Dr. Joseph Kurtz, 35, against manufacturers of flushable wipes. The wipes have been blamed for massive “fatberg” formations in municipal sewer systems and Dr. Kurtz says that he is out $600 in plumbing bills at this New York and New Jersey homes due to the alleged misrepresentation. He is now seeking unspecified damages in the suit in Brooklyn against Kimberly-Clark Corp. and Costco Wholesale Corp.

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Snay It Ain’t So: Florida Father Loses $80,000 Settlement Over Daughter’s Facebook Posting

gavel2Many parents spend countless hours trying to keep their children off social media sites. Patrick Snay, 69, can claim that his daughter’s busy fingers cost him $80,000. The former head of Guillver Preparatory School in Miami lost a settlement from a discrimination lawsuit against his former school. The agreement came with a confidentiality provision so the school’s lawyers were a bit put out to read a taunting Facebook posting from the daughter that bragged about the settlement and told them to “Suck it.” It did not quite work out that way. The case is Gulliver Sch., Inc. v. Snay, 2014 Fla. App. LEXIS 2595.

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An Inconvenient Symbol: Why The Flag Decision Flies In The Face Of Our Core Values

Below is my column today in USA Today on the ruling out of the United States Court of Appeals for the Ninth Circuit over a ban at a California high school of students wearing tee-shirts with American flags during the Mexican heritage celebration Cinco de Mayo. The opinion is Dariano v. Morgan Hill Unified Sch. Dist., 2014 U.S. App. LEXIS 3790.

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