The Victory of Poetry

By Mark Esposito, Guest Blogger

ku-mediumAmerican poet Stephen Dunn (bio here) reminds us that “all good poems are a victory over something.”  For the folks in Rittman , Ohio (pop. 6,491) those words have a decidedly athletic context.  The Rittman Indians High School football team was suffering through another miserable season at 1-7 and team morale was plummeting. Like most bad institutions there’s plenty of blame to go around but the school administration thought it had its scapegoat. Junior Defensive End Nick Andre had been tasked with composing a poem about something that made him angry. His English teacher told him anything he wrote about was fine as long as it was authentic and sincere. Not content with such weighty issues as drone strikes or government shutdowns, Nick decided to write about what he knew — the abysmal football team and allegations of nepotism and favoritism that were weighing down the squad.

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Speed and Beauty: A Ballet in the Skies of France

Submitted by Charlton Stanley (Otteray Scribe), Guest Blogger

Copy of Boy with model sculpture.250There used to be a program on one of the television sports channels called World of Speed & Beauty. It was about fast, beautiful and graceful machines on the land, water and air. That is what this story is about. These past few weeks have seen enough tales of woe, bigotry, greed, anger and most of the other deadly sins that I thought we needed something to bring a smile to a few faces. Below the fold are two High Definition videos I hope will do just that.

Almost everyone looks up when they hear an airplane go over. The kid who never grew up still lives in most of us.

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Witch Way to Halloween?

halloweenwitchbroommoonSubmitted by Elaine Magliaro, Guest Blogger

My daughter always got so excited decorating our house for Halloween when she was young. She loved spooky stories and movies…and Halloween as much as she loved Christmas.  When I was teaching elementary school, I really enjoyed reading scary stories to my students as well as sharing and writing Halloween poems with them. Since Halloween is just a few days away, I thought I’d post one of my original witch poems and a collaborative class poem written by my second grade students a few years before I left the classroom.

THERE WAS A WITCH

There was a witch who liked to race
Her supersonic broom through space.
At six o’clock last Friday night
She blasted off at speed of light.
She whizzed past Mercury and Mars…
Then headed off toward distant stars.
Across the galaxy she sped,
A black peaked helmet on her head.

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Criminal Defendants and Wireless Wiretaps: One Small Victory?

Donald_Verrilli_-DOJ_Portrait-

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

A recent decision by the Justice Department has opened the doors to a possible test of whether the government’s widespread use of wireless wiretaps is constitutional.

“The Justice Department for the first time has notified a criminal defendant that evidence being used against him came from a warrantless wiretap, a move that is expected to set up a Supreme Court test of whether such eavesdropping is constitutional.”  New York Times  Continue reading “Criminal Defendants and Wireless Wiretaps: One Small Victory?”

Memory and Guilty Verdicts

Submitted By: Mike Spindell, Guest Blogger

400px-Elizabeth_Loftus-TAM_9-July_2011I’d only planned to write one guest blog this weekend, but this morning on Huffington Post I saw a video from a TED lecture. http://en.wikipedia.org/wiki/TED_%28conference%29  The lecture was from Psychologist Elizabeth Loftus  http://en.wikipedia.org/wiki/Elizabeth_Loftus  who has been studying false memories since the 1970’s. She links what she discovered with one of the failings of our Criminal Justice System, with the false memories reported in court. This is an 18 minute lecture but it is well worth your time and bears directly on the topics we discuss here on the Law Blog. I must note that in it she is critical of certain psychotherapy techniques and I am a psychotherapist. Despite my training and profession I believe her critiques are on point and illustrate one of the problems inherent in some psychotherapies. For any readers that are interested in our legal system and who care about its problems, viewing this will represent time well spent.  My technical skills are such that I don’t know how to properly make the video appear in WordPress but if you click on the following link you will be able to see it:     Mystery of Memory 

Submitted by: Mike Spindell, Guest Blogger

Tennessee Judge Who Renamed Child Now Facing Judicial Misconduct Charges

Submitted by Charlton Stanley (aka Otteray Scribe), Guest Blogger

Seal of TN JudiciaryLast August, this blog had the story of Cocke County, Tennessee child support Magistrate Judge Lu Ann Ballew who arbitrarily ordered parents to change the first name of their seven month old child.  Jaleesa Martin and Jawaan McCullough had decided on their child’s first name, but were not able to agree on whether his surname should be that of his mother or his father.  It was Judge Ballew who ordered the parents of seven month old Messiah McCullough Martin they had to change the child’s first name and change his birth certificate. Judge Ballew opined, “The word Messiah is a title, and it’s a title that has only been earned by one person, and that one person is Jesus Christ.”

In a rambling interview with local television, Judge Ballew tried to explain her reasoning. The reporter asked her what if the child had been named Jesus, a popular name in the Spanish speaking community. The judge stammered, finally declaring that to be irrelevant. The reporter did not press the issue and ask about the use of Mohammed/Muhammed by many Islamic families. Her answer to that would have been…..interesting. Here is the interview of Magistrate Judge Lu Ann Ballew with a reporter from a local TV station. This is almost painful to watch.

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Third Circuit Requires Warrant For GPS Tracking

-Submitted by David Drumm (Nal), Guest Blogger

3rd CircuitWe have previously discussed the unanimous Supreme Court decision in United States v. Jones, where the Court ruled that the installation of a GPS device constituted a “search” for Fourth Amendment purposes. In Jones, the Court did not rule that a search warrant was required to affix a GPS device to a car. In the case of United States v. Katzin, the Court of Appeals for the Third Circuit ruled that the installation of a GPS tracking device without a warrant was unconstitutional.

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The Private Prisons Profit on Youth

Submitted By: Mike Spindell, Guest Blogger

287px-Sing_SingWe have had a lot of discussions here about the ever growing private prison system in the United States, where our country has become the world leader in imprisoning its citizens. Many blogs have been written discussing our world prison leadership and the fact that it stems from the failed “War on Drugs”, which has tended to focus on people in poverty and/or people of color. The for-profit prison industry has had a growth spurt that can be directly traced to that aspect of the conservative movement that has disparaged government services and at the same time pushed for privatization of government services using the false concept that private industry can do it better and cheaper. It is an ideas that to me seems nonsensical on its face because of the absolute need that private industry turns a profit and in today’s economic scheme that profit has to continually rise as time passes. Business strategy, which by definition, must focus on profit has focused on cutting costs as a means of building profit. Cutting costs then devolves into hiring less skilled workers, cutting down on services provided and in a business like private prisons reducing the quality of care. When ot comes to reduction of services and diminishing of quality of care when it comes to the prison industry, I’m sure that the majority of public opinion would approve of even more draconian measures. After all those convicted of a crime are generally scorned and feared. Muscular fundamentalist philosophy has discarded the Jesus of turn the other cheek into a Jesus of vengeance and so there is even in some circles moral approval of treating prison inmates harshly. There is now a widespread use of solitary confinement as a tool of prison punishment and that confinement has stretched from weeks, too months and too years. We are after all, a society that has a majority of Americans for torture in our post 9/11 era.

In 2008 we saw the opening of a scandal in Pennsylvania where it was discovered that juvenile court judges were sentencing youths to prison for minor offenses because they had received money from sources in the private prison industry. Two judges were convicted in this case and it was seen that many youths were adversely affected and are now suing for unlawful imprisonment. It is this profiting on the imprisonment of youth that I would like to address broadly in this blog. For the most part my reference links will appear at its conclusion. This is a very disturbing problem that I think cuts to the heart of what kind of society we want to live in and I would hope that others find this as disturbing as I do. Continue reading “The Private Prisons Profit on Youth”

University of Colorado-Boulder Tells Students Not To Dress As Cowboys, Indians, or Other “Offensive” Outfits

hallocostumes005Students at the University of Colorado at Boulder have been told this year that some standard costumes are now deemed “offensive” and are unacceptable. This includes costumes as cowboys, indians and anything involving a sombrero. Once again, I am concerned that these rules based on tolerance values are intruding into the speech rights of students and wrongly assumes that all such outfits are derogatory to a particular race or culture.

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New York Theater Announces That It Will Ignore NC-17 Rating For Lesbian Film And Allow Minors To See Film

11174299_detThere could be an interesting conflict brewing in New York where IFC Center in Greenwich Village has declared that it will not impose the NC-17 rating for Abdellatif Kechiche’s three-hour long lesbian drama “Blue Is the Warmest Color”. In other words, it will allow in teenage viewers in violation of the rating. The case could force a confrontation over the voluntary system of ratings. This was a compromise with politicians and some groups that want to regulate films for obscenity or violence or sexual content. If theaters refuse to comply with the ratings, there may be a move to re-introduce legislation imposing direct government regulation — raising obvious free speech issues.

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Dallas Man Accuses Police Of Opening Fire On Him After He Opened His Front Door After He Previously Refused To Be Questioned

n-DAVID-BLAIR-largeThere is a troubling case out of Dallas where David Blair said that he opened the door to his apartment only to be met with a hail of gunfire from police. The Dallas Police Department reportedly told him that he caused the response by shining of flashlight and having a door that made a popping sound. Apparently, you have to either get some WD40 or face a barrage of lead in Texas.

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Iran Reportedly Orders Flogging For Christians While U.N. Report Blasts Crackdown On Non-Muslims

350px-Última_Cena_-_Juan_de_JuanesVarious news sites are reporting that four Christians have been sentenced in Iran to 80 lashes each for drinking communion wine at services and possessing a satellite antenna. Behzad Taalipasand, Mehdi Reza Omidi (Youhan), Mehdi Dadkhah (Danial) and Amir Hatemi (Youhanna) were reportedly arrested during a house service in December. These house services are efforts of Iranian Christians to practice their faith in the face of the continued Iranian crackdown on non-Muslims. The cases have been made public in the aftermath of a United Nations report criticizing the denial of religious freedom in Iran.

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Michael Skakel Granted New Trial Due To Ineffective Counsel

skakelmugKennedy family member Michael Skakel has long sought a new trial in the killing of Martha Moxley, a neighbor bludgeoned to death by a golf club in 1975. In a surprise ruling, Judge Thomas Bishop found that Skakel was denied a fair trial due to ineffective counsel. Bishop’s opinion slams Skakel’s original legal counsel, Michael Sherman, as failing basic expectations of a lawyer and suggests, as the family has argued, that he was obsessed or blinded by the media attention in the case.

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Self-Serve: U.S. Government Paid $500 Per Gallon To Afghan Contractor

220px-HAZMAT_Class_3_GasolineWe have become accustomed to reports of unimaginable corruption and waste in Afghanistan from bags of money delivered to President Karzai to constructing huge buildings to be immediately torn down to buying aircraft that cannot be used. The common element to the stories is the absence of any reported prosecution or even discipline for those responsible. You can simply waste hundreds of millions of dollars and continue in your government position. This week’s outrage comes from a report of the Special Inspector General for Afghanistan Reconstruction (SIGAR). Among huge examples of waste and delay is this little ditty: USAid paid a $300,000 charge for 600 gallons of diesel fuel. That is $500/gallon to a contractor.

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Res ipsa loquitur – The thing itself speaks