Constitutional Law, International, Politics, Religion

Malaysian Police Refuse To Enforce Court Order Of Custody For Non-Muslim Mother

125px-flag_of_malaysiasvg85px-Coat_of_arms_of_Malaysia.svgM. Indira Gandhi is a Hindu mother in Malaysia who is living a nightmare after her Muslim husband took her 11-month daughter after she refused to convert to Islam. The husband, who had only converted to Islam shortly before, then went to a Sharia court. The “court” refused to hear from the wife since she is not Muslim and ruled for her husband. She went to a real court, which ruled for her. However, it does not matter. It has been five years and the police in his largely Muslim nation have refused to enforce the real court order.

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Academia, Constitutional Law, Society, Torts

Miller-Young and University of California Sued Over Campus Assault On Pro-Life Advocates

milleryoungincident2 We have been following the controversy surrounding the confrontation of Feminist Studies Associate Professor Mireille Miller-Young with pro-life advocates on campus. Miller-Young led her students in attacking the pro-life display, stealing their display, and then committing battery on one of the young women. Thrin Short, 16, and her sister Joan, 21, filed complaints and Miller-Young was charged with criminal conduct including Theft From Person; Battery; and Vandalism. Miller-Young was convicted and sentenced in August. Despite the shocking conduct of Miller-Young and the clear violation of the most fundamental values for all academics in guaranteeing free speech and associational rights, the faculty overwhelmingly supported Miller-Young and the university decided not to impose any meaningful discipline. Now, the victims are suing Miller-Young, the UC Regents and others in seeking both compensatory and punitive damages. The lawsuit could finally force the University to explain its inexplicable response, or lack thereof, to the highly improper conduct of Miller-Young. As discussed below, Michael D. Young, Vice Chancellor of Student Affairs, not only issued a statement that seemed to blame the victims but faculty defended Miller-Young’s conduct, including arguments that the pro-life advocates were “terrorists”; Miller-Young’s response was due to that fact that she was pregnant and even that her expression of satisfaction was nothing more than her “mask” from a “cultural legacy of slavery.” Those arguments are likely to find little traction in a court of law.

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Criminal law, International

“I am a Car Fanatic”: “AfroDuck” Convicted After Posting Reckless Driving Video . . . Then Denounces Verdict From Hiding In Canada

Screen Shot 2014-11-10 at 7.27.44 AMA New York jury has convicted Adam Tang, aka “AfroDuck,” who posted the video below from “AfroDuck Productions” showing him circling Manhattan at speeds up to 100 mph. Tang, 31, however, has now added being a fugitive to being a reckless idiot — he has fled to Canada. Remarkably, this is only a misdemeanor with a potential sentence of up to a year, but prosecutors insist, understandably, that he needs to spend time in jail. Tang turned down a two-month jail sentence in a plea offer saying that he is married to an American woman and wanted to avoid any criminal record in case it would cause immigration complications. Of course, filming himself speeding at 100 mph through Manhattan did not seem to be a “complication” for his immigration status. Nor did his later arrest history.

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Bizarre, Environment, International, Society

Death of English Gardener Linked To Wolfsbane Plant

220px-Aconitum_variegatum_110807fThere is a tragic and rather bizarre fatality at a large English estate where gardener Nathan Greenaway, 33, died after being rushed to the hospital. The cause appears to be a plant that many may recall from medieval stories — wolfsbane (aka Devil’s helmet, monkshood, leopard’s bane, women’s bane, devil’s helmet or blue rocket). Aconitum is so poisonous that even if brushed against without protection it can cause can vomiting, dizziness, diarrhea, heart palpitations, and, in severe cases, paralysis of the heart and airways. The case would present an interesting tort action in the United States against the retired venture capitalist who owns the $6 million estate. The question is whether Christopher and Kathy Ogilvie Thompson were negligent to have such a lethal plant on the premises if there were no barriers or warnings. The name aconitum comes from the Greek meaning “without struggle”.

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Bizarre, Courts, Criminal law, Free Speech, Justice, Politics, Religion, Society

Why is it Illegal to Feed the Homeless?

100px-Seal_of_Fort_Lauderdale,_Florida

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

Did you know that somewhere in America, it is illegal to feed the homeless in public?  It can’t be true can it?  It is true in Fort Lauderdale, Florida after the recent passage of an ordinance by the city council.  The real scary part of that news is that Fort Lauderdale is not alone in taking this anti-compassionate stance!

“Over 30 cities across the nation have outlawed or are considering criminalizing the provision of food to homeless people. According to the National Coalition for the Homeless, over 20 cities have devised laws against giving food to homeless people since January 2013.” Nation of Change

While I can understand this stance if these cities are adding health guidelines to make such feeding attempts safer, I am shocked that over 30 cities have outlawed it or are considering outlawing the practice of giving food to the hungry and homeless.  Are public picnics next on the hit list? Continue reading “Why is it Illegal to Feed the Homeless?” →

Environment, Hikes, Travel Blog

Dawn On The Billy Goat

IMG_1605Last weekend, I did not post pictures from my dawn hike because I was off to play in our annual paintball competition and then later that day we held the annual Turley Pumpkin Smash for kids in the neighborhood (where the kids wake the Turley Troll at the top of the house and he proceeds to throw down all of the pumpkins). So here is Billy Goat trail this morning at dawn.

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Constitutional Law, Courts, Criminal law, Justice

Washington Supreme Court Shifts Burden To State In Proving Lack Of Consent Element In Rape Cases

By Darren Smith, Weekend Contributor

scales_of_justiceThe Washington Supreme Court ruled it is a violation of Due Process to require a rape defendant to prove lack of consent in rape trials, shifting the burden to the state. The opinion reverses decades old practices of the courts and by extensions investigators of such crimes to include elements showing lack of consent that were previously assumed based on the statements and evidence of alleged victims.

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Academia, International

Canadian Students Not Accepted At New, Elite College At The University Of British Columbia

By Darren Smith, Weekend Contributor

ubc-sealA controversy has erupted in academic and student circles over the University of British Columbia’s Vantage College. The college’s campus is under construction and expected to cost the university C$ 127 million but is beginning its enrollment

Canadian Citizens are prohibited from enrolling at Vantage College. The college is marketed toward wealthy foreign students mostly from China. Tuition and living expenses are stated to be over fifty thousand dollars per year for the privilege of attending Vantage. The university offers higher perks to these students than what is afforded the university’s common students.

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Congress, Constitutional Law, Courts, Politics, Society

SUPREME COURT ACCEPTS OBAMACARE CHALLENGE

Supreme CourtThe Supreme Court has decided to wade back into the controversy over the Affordable Care Act (ACA) or “Obamacare” today with the granting of review of King v. Burwell, No. 14-114. I have previously written about the King case as well as the parallel case in the D.C. Circuit in Halbig.

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Constitutional Law, Criminal law

Texas Death Row Conviction Overturned Due To Withholding Of Key Evidence

alfredbrownhcsoThe Texas Court of Criminal Appeals has thrown out a 2005 conviction and death sentence that week based on the misconduct of prosecutor in the Harris County District Attorney’s Office. The court found that prosecutors withheld material evidence favorable to Brown’s case in a denial of a fair trial.

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Bizarre, International, Politics

Rack Dry Die: Chinese Government Warns That People Hanging Laundry Might Be Shot By Snipers

unnamedA colleague and Chinese expert sent me this notice which is a bit chilling for Chinese residents. The notice tells residents that “To avoid injuries and ensure that sharpshooters will not open fire after misjudging the situation, please retrain from opening your windows or hanging out laundry.”

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International, Politics, Society

Washington Post: Border Data Posted Then Retracted Within Hours By Obama Administration

190px-thumbnailPresident_Barack_ObamaThe Washington Post is raising another instance where the Obama Administration appears to be withholding information on immigration for political purposes — further contradicting President Obama’s pledge to be the most transparent Administration is history. The U.S. Customs and Border Protection releases its annual statistics on October 10th before the elections. Someone in the Administration then ordered the statistics taken down in what the Post is calling a move that seemed to confirm the view of “the Obama administration playing politics with public information.” Notably, the Post however only wrote about the story today so any such intention worked to keep the information out of the public debate. There is a reason why these statistics would be particularly bothersome before an election.

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