Society, Torts

Chubby Chipotle Campaign Funded By Food Industry Lobbyist

2BFC395500000578-0-image-a-46_1441420177325Chipotle has been hit by a national campaign featuring a grossly overweight young man and attacking the chain for high fat food. The ad tells readers that by eating two “all natural” Chipotle burritos a week, consumers could gain 40 pounds in a year. What is most notable however is the source for the campaign: an industry lobbyist named Richard Berman who appears miffed by the restaurant’s support of GMO-free, antibiotic-free food.

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Uncategorized

Muslim Flight Attendant Files Complaint Against ExpressJet After She Refuses To Serve Alcohol On Flights

ExpressJet_AirlinesGermanwings_-_ServiceThere is an interesting counterpart to the Kim Davis debate over the right of people to follow their religious beliefs in the denial of services to others. A Muslim flight attendant Charee Stanley says she was suspended by ExpressJet for refusing to serve alcohol in accordance with her Islamic faith. While there are clearly significant differences between a public official using her office to impose their religious views and an employee demanding accommodation in the work place, the controversy shows the increasing conflicts occurring between religious principles and public accommodation. We have seen this conflict most vividly in the controversy over Christian and Muslim bakeries and photographers declining to service same-sex weddings. We have previously discussed (here and here and here) the growing conflicts over businesses that decline to accommodate same-sex weddings and events in a clash between anti-discrimination and free speech (and free exercise) values. Despite my support for gay rights and same-sex marriage, I have previously written that anti-discrimination laws are threatening the free exercise of religion. Yet, these cases also raise concerns over rising burdens on both customers and businesses in having to deal with a myriad of different religious objections as in the ExpressJet case.

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Columns, Constitutional Law, Courts, Criminal law, Free Speech, Lawyering, Media, Politics, Religion, Society

Kim Davis: Hero or Villain?

kim-davis-mugshotDefiant Kentucky county clerk Kim Davis has appealed the contempt order that has left her languishing in jail. At the same time, her lawyer has argued that marriage licenses issued without her signature are invalid — an interesting question given the state’s requirement that her signature be affixed to every such license. Below is my recent Washington Post column on Davis and how she fits within our collective social and legal iconography. Defiance is a heroic value when it is Martin Luther King violating police orders and standing unbent before biting dogs and swinging batons. It was inspiring to millions when King cited St. Augustine to declare “an unjust law is no law at all”. Such figures stood against not just our prejudice but our laws in their defiance. As Henry David Thoreau stated “Unjust laws exist; shall we be content to obey them, or shall we endeavor to amend them, and obey them until we have succeeded, or shall we transgress them at once?” Those who transgress upon unjust laws today are often heralded as heroes tomorrow from early American patriots to abolitionists to suffragists to desegregationists. Even today many praise Edward Snowdon for his criminal actions in disclosing a massive surveillance system of U.S. citizens even though those same laws are designed to protect our national security. Yet, Davis is using her public office to impose her religious values on neighbors. That contrast led to the column below.
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Free Speech, Media, Society

Rev. Jesse Jackson Booed Off Stage After Asking For Donations During Ferguson Protest

By Darren Smith, Weekend Contributor

An attempt to solicit revenue for his church, Rev. Jesse Jackson received a strong rebuke. Though this happened last year, it is worth revisiting again.

While attending a protest rally organized by those voicing grievances against police misconduct and racial discrimination, the Rev. Jackson seized upon the moment to ask the crowd for $100.00 donations. Social media and even attendees of the event were vocal in the notion that the Reverend was abusing the moment for his personal, or rather it seems his organization’s, financial gain.

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Uncategorized

Taking a look back: The highlight reel from Obergefell v. Hodges

Same sex caseBy: Cara L. Gallagher, Weekend Contributor, and Elliot Louthen

This is a beautiful but restless time of year for SCOTUS junkies. The gorgeous, late summer sun sinks faster out of the sky signaling not only the end of the (best) season but also the nearness of the next Supreme Court term. While this reality thrills us, it gives pause and arouses questions. Is it possible to ever have a term as exciting as the last? There’s no way, right? Truth be told, we recall having the same concerns after the close of the October 2011 term, so, yes, there’s a chance.

Rather than stare at the calendar like a watched pot pre-boil, we thought we’d pull out the highlight reel and review some of the big cases from June, starting with Obergefell v. Hodges, aka the same-sex marriage case. In the aftermath of the victory for gay rights, it was easy to overlook the complexities of the decision and focus solely on celebrating or cringing (if you want an inside view of the Courtroom read this post). But it was much more complicated than calling it a simple win or loss. Continue reading “Taking a look back: The highlight reel from Obergefell v. Hodges” →

Constitutional Law, Courts, Politics, Religion, Society, Supreme Court

What RFRA Hath Wrought-Part 3

By Mike Appleton, Weekend Contributor

“Smith relegated our national commitment to the free exercise of religion to the sub-basement of constitutional values.”

-Michael P. Farris and Jordan W. Lorence, “Employment Division v. Smith and the Need for the Religious Freedom Restoration Act,” 6 Regent U.L.Rev. 65, 66  (1995)

Several years following the ratification of the Constitution, a man named Jonas Phillips was subpoenaed to testify on behalf of a defendant in a criminal case in Pennsylvania. The problem was that the trial was scheduled for a Saturday and Mr. Phillips was a devout Jew. He refused to be sworn on the Jewish Sabbath and was subsequently held in contempt and fined ten pounds, despite invoking the protection of the Pennsylvania constitution, which provided that “no human authority can in any case whatsoever, control or interfere with the rights of conscience. . . .”  Stansbury v. Marks, 2 Dall. 213 (Pa. 1793). Fortunately, the defendant waived Mr. Phillips’ appearance and the fine was discharged.

Jonas Phillips’ “rights of conscience” were deemed subordinate to the orderly administration of the judicial system in a state which boasted one of the most religiously tolerant constitutions in the young nation. Therefore, when the Supreme Court held in 1878 that rights of conscience likewise could not be raised as a defense to a charge of bigamy, the ruling was hardly earthshattering.  Reynolds v. United States, 98 U.S. 145 (1878). And the decision over one hundred years later in Employment Division v. Smith, 494 U.S. 872 (1990), appeared to confirm a principle that had largely guided free exercise jurisprudence since the nation’s founding: the Religion Clauses do not mandate religious exemptions from valid laws intended to be binding upon all of us. Yet the Smith decision produced a harsh political and academic reaction, resulting in legislation that has radically altered the free exercise landscape. How did that happen?

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Bizarre

A True Symbiotic Business Relationship

By Darren Smith, Weekend Contributor

snowboarding-blueMost of the time, when one reads phrases such as “maintain a symbiotic business relationship” it usually harks of the tired and boring corporate double-speak germinating out of conference rooms stuffed with marketing and P.R. wonks. But in clicking through some old image archives I rediscovered an old gem.

What follows is a photo that truly embodies symbiosis in business. Whether it was by design, happenstance, or from my point of view serendipity, I remembered still almost laughing when I captured this irony.
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Constitutional Law, Courts, Criminal law, Justice, Politics, Religion, Society, Supreme Court

County Clerk Who Refuses To Issue Marriage License To Gay Couple Says She Will Remain In Jail, So Be It.

By Darren Smith Weekend Contributor

kim-davis-mugshotAfter the Rowan County Kentucky Clerk, Democrat Kim Davis, defied a court order to issue gay couples marriage licenses, and was subsequently arrested by the U.S. Marshal’s Service and jailed, her husband stated that she chose to remain in jail rather than compromise her religious beliefs by performing her statutory duty. Her contempt of court ruling will stand until she resumes issuing such licenses and thus in jail she shall remain.

And so it should.

The issue is not the content of her religious beliefs that are on trial. It is that of failure to perform her duty and denial of a civil right as mandated by the Supreme Court. For this reason she has two choices: being in contempt indefinitely; or resigning her position. For the near term it is as simple as that. If she continues her defiance, a third party must step up, show some leadership, and make the decision for her by ejecting her from office.
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Bizarre, Constitutional Law, Courts, Free Speech

Citizen Cited For Displaying “Cops Ahead” Sign Has His Day In Court

By Darren Smith, Weekend Contributor

From screen shot: KOMO News
From screen shot: KOMO News

Last June we reported a rather upsetting incident involving the Seattle Police Department Motor Traffic Unit. Citizen Daniel Gehlke saw motorcycle officers set up near the intersection of 14th Avenue South and South Washington and begin enforcing stop sign and speed laws. Mr. Gehlke then obtained a Rubbermaid container lid and wrote thereon the words “COPS AHEAD! Stop at sign and light!” He stood nearby the intersection displaying the lid to warn drivers of the traffic unit’s presence and recommend compliance with the law.

Unfortunately for Mr. Gehlke the traffic unit took exception to this and cited him under a Seattle Municipal Ordinance making the display of a sign “bearing any such words as ‘danger,’ ‘stop,’ ‘slow,’” and more… [with] Directions likely to be construed as giving warning to or regulating traffic.” In the view of your author this was a highly suspect and chippy charge, and is only a minimally veiled pretext to retaliate against the citizen holding up the sign and thereby thwarting the number of tickets to be issued.

The Motor Unit officer issued Mr. Gehlke a notice of infraction having a $138.00 penalty. He then altered the sign to remove some of the words and continued his speech.  Now, Gehlke had his day in court.
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Science

G Data Software Reports Huge Increase In Malware From Several Chinese Sourced Android Phones

By Darren Smith, Weekend Contributor

gdata-logoAccording to anti-virus and security provider G Data, over one million malware samples have been detected on several Chinese made mobile devices and smart phones. The company does not believe the malicious software was installed by manufacturers of the phones, but rather middlemen entities who distribute or sell the devices on a wholesale basis.

Part of the reason for this stems from unscrupulous middlemen wanting to earn additional revenue beyond wholesaling. They instead install the Android malware for a fee or they derive revenue from spyware providing individual information on the phones’ usage which can be sold to others wishing to retrieve it for other uses. It can also serve unwanted adware to the user. The potential for data breaches affecting government, corporate, and individual users is worrying
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Bizarre, Politics, Science

Politics 405: Yes, You Can Filibuster With One Sentence

By Darren Smith, Weekend Contributor

titin-3d-structureMany politicians are often a detriment to scientific advancement. Now, politicians can use science to the detriment of advancing legislation…using of course a most titanic word. It shows great promise in the realm of filibusters and gridlock. 

The magic word is Titin.

Titin /ˈtaɪtɪn/, also known as connectin, is a protein that, in humans, is encoded by the TTN gene. Titin is a giant protein, greater than 1 µm in length, that functions as a molecular spring which is responsible for the passive elasticity of muscle. It is composed of 244 individually folded protein domains connected by unstructured peptide sequences. How can this be a useful tool of politicians? It is only a matter of expansion of Titin to its full chemical name that presents the opportunity to quash most debate. A typical manifestation of what can become a powerful English sentence using this word might be concatenated as follows:

“[Full chemical name for titin], [full chemical name for titin], parting is such sorrow, that I shall say [full chemical name for titin] till it be morrow.”

Of course, one could speak it slowly for “easier understanding” and repeating this until collapse.

What is [Full chemical name for titin]? Well for the purpose of brevity the full chemical name of the human canonical form of titin is most easily described as having 189,819 letters: over 2,372 lines of typing.  It is renowned for being the longest scientific word in the English. Expanding the sentence in the above paragraph using the full chemical name would constitute over half a million letters, and well suited for congressional usage. Prepare yourself, the word is quite a doozy.
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Criminal law

Manhunt Continues For Killers Of Illinois Officer While Nanny Is Arrested For False Report

150901-charles-joseph-gliniewicz-mug-529p_887965c3b55a9c546e86ec0fa7dacd28.nbcnews-ux-2880-1000The manhunt continues for the killers of a much loved and respected officer, 30-year-veteran Lt. Joseph Gliniewicz. The officer from Fox Lake was a married father of four boys and nicknamed “G.I. Joe,” for his toughness and professionalism. The police are searching for two white men and one black man who Gliniewicz described shortly before his death. He was found lying in a marshy area, stripped of his weapon and pepper spray. The weapon was later found. In another development, a woman has been charged with giving police a false report that may have cost them precious time and manpower in looking for the murderers of Gliniewicz.

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Criminal law

Suffolk County Police Accused Of Tackling Citizens Videotaping Arrest Scene and Attempting To Delete His Videotape

Screen Shot 2015-09-04 at 8.25.31 AMThere is another disturbing account of police reacting abusively to citizens attempting to videotape them in public in an Associated Press account out of Hauppauge, New York. Thomas Demint began filming police who were arresting two of his friends and allegedly body slammed their mother. Dement says that he was tackled by police who took away his smartphone and erased the video. However, they failed to delete the right one. The actual video is below and shows the eight minute encounter. The videotape itself shows how these situations are highly explosive and came be seen from both the perspectives of the police and the citizens in the use of force, including whether the person videotaping was getting too close. The alleged attempted deletion however is another matter entirely.

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Bizarre, Criminal law

Massachusetts Police Call Off Massive Manhunt After Concluding That Officer Shot Up His Own Cruiser

qQOmNNto_400x400The manhunt is over in Massachusetts for the man who shot up the cruiser of a rookie Millis police officer. It appears, according to police, that it was the officer himself. The police have refused to identified the 27-year-old officer but confirmed that the officer was found to be the one who shot up the car and will likely be fired (I would hope so) and face criminal charges.

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Academia, Bizarre, Criminal law, International, Media, Religion, Society

Israeli Construction Company Irreparably Damaged 1,800 Year Old Sarcophagus In Effort To Hide Discovery Of Antiquities

250px-Ask_SarcopagThe world has stood appalled by the destruction of Muslim extremists in ISIS of ancient Syrian architecture and Christian tombs, including continuing demolitions revealed this week with the destruction of the famed tower tombs. A construction company in Israel however shows that you do not have to be a religious fanatic to show the same ignorance and destruction. In this case it was allegedly a case of blind greed rather than blind hate. The unnamed company was told that it could build in the sensitive area of Ashkelon where antiquities are often found (like this earlier sarcophagus) so long as they proceed carefully and report any findings (and stop work when any findings are made). The company allegedly found the beautiful 1,800 year old sarcophagus but decided to hide it rather than stop work. In the process of yanking it out of the ground with a tractor and hiding it under sheet metal, the invaluable piece was irreparably damaged. (Since the photographer for the Israel Antiquities Authority has copyrighted the photos, a curious claim for a government agency, we cannot post the pictures which can be seen here It is an ironic twist, the IAA is objecting to the damage to a historic piece that belongs to all humanity but then claims copyright to the images to ostensibly require anyone who wants to use the image to get its permission)

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