Today we discussed strict liability for wild animals in the wake of the terrible tragedy in Canada. Bakersfield, California is facing another area of traditional strict liability after a man lost his leg to shrapnel from a demolition of a power plant and various others were injured. Such demolitions fall within ultrahazardous or abnormally dangerous activities subject to common law strict liability rules.
Continue reading “California Demolition Blows Off Man’s Leg And Injuries Four Others”
We often discuss the strict liability rule governing wild animals in tort law. This morning Canada is dealing with a tragic and bizarre case in which two young boys — aged five and seven — were killed by a python that escaped a pet store and slithered through their ventilation system into their room. Reptile Ocean owner Jean-Claude Savoie lives above the store and was hosting the two boys for a sleepover with his own son who was unhurt.
Continue reading “Two Boys Strangled To Death In Their Sleep By Escaped Python”
As Afghanistan quickly unravels and the Taliban resume control over large areas of the country, the Obama Administration appears to be rushing to spend as much money as possible before we are kicked out. The latest example is the Pentagon moving forward with a $772 million purchase of aircraft that the Afghan army “cannot operate or maintain,” according to a Special Inspector report. It is understandable of course. We cannot wait any longer with the rise of anti-American sentiments. We need to get this equipment in place before the Taliban and their allies take over.
We have been following the effort by countries like Iran and China to block access to particular sites viewed as anti-Islamic or anti-social. However, I have heard from a couple U.S. government employees that, since the Snowden disclosures, their agencies have blocked access to the Guardian website. When they try to get on to the site at the Energy Department for example it is simply blocked. I am trying to get answers from the Administration but wanted to ask some of our regulars for help on these reports.
Continue reading “Is The Administration Blocking Access To The Guardian?”
From one workaholic to another, something tells me that he wants you to play with him.
The desperate efforts of Congress to change the public view of Edward Snowden appears to be continuing. This week someone in the Senate attempted to change the description of Snowden as a “dissident” to a “traitor” on Wikipedia. The White House and congressional leaders are clearly alarmed that many view Snowden as a whistleblower. The media groups like NPR previously yielded to pressure not to call Snowden a whistleblower and instead use the less flattering term “leaker.” However, that is not enough because it does not seem to have helped.
Millikin University is facing a challenging controversy over one of its faculty, Professor James St. James. It turns out that James St. James is not his original name which was James Gordon Wolcott. The problem is that Wolcott is a former state mental patient who killed his family in 1967. St. James effectively reinvented himself with remarkable (and commendable) success — ultimately not just teaching but heading the university’s Department of Behavioral Sciences. The university is standing by him as people call for his removal from the faculty.
Orange County Sheriff’s Deputy Juan Tavera is facing a bizarre charge this week for allegedly spraying a teenager’s pizza with pepper spray without his knowledge in a routine traffic stop.
While Colorado has legalized marijuana and other states are moving to decriminalize or legalize its use, Texas takes a hard approach to pot. That was more than evident in the tragedy surrounding the death of a two-year-old little girl named Alexandria Hill who died from injuries in an abusive foster home after she was taken away due to her parent’s use of marijuana.
I wonder how many people walked by this tree before someone noticed that it looked like a face. Someone on Reddit however spotted it.
Continue reading “Just Try Carving Your Name . . . Just Try It”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
It has not made a lot of noise in the main stream media, but recently, an important case filed jointly by the ACLU and the Center for Constitutional Rights challenging the Department of Justice and the Obama Administration’s drone war was argued in front of Judge Rosemary Collyer. That case is Anwar Al-Aulaqi vs. Panetta, et al and it was filed in the United States District Court for the District of Columbia in 2012. You can find the filing here.
What makes this case so important is that it was filed on behalf of the estate of a 16-year-old American citizen who was killed by an American drone strike, along with other victims, in Yemen in 2011. Recently the United States Department of Justice presented a defense that is quite striking. Continue reading “The Most Important Court Case You May Never Have Heard Of”
By Darren Smith, Weekend Contributor
Drivers are subject to license suspension for a variety of legitimate reasons: Conviction for a criminal traffic offense; interests of safety; and for other administrative violations. Essentially it could be ranked into two categories: safety or punitive. While the former is generally not controversial, the implementation of the latter is generally understood to be reasonable. But, in some situations it can be argued by some to be a form of bondage involving what leads to a multi-year ordeal of suspension where the licensee is held in demand for increasing levels of penalties owed to the state, placing what could be argued to be a vicious cycle of artificially created debt that many find difficult to satisfy.
A significant issue in several states lies with the revolving door of driver license suspensions. A typical example would be a defendant who is cited for a violation and receives a license suspension as a penalty. Often there is a monetary fine that must be paid in addition to other sanctions to receive the license reinstatement. Often times these fines are of such cost that those subject to license suspension have difficulty paying and therefore their license and consequently their livelihood is taken away. Often what starts as a simple traffic ticket that goes unpaid leads to effectively a debt bondage, where the driver is required to pay increasing fines, interest, and assessments with little for relief.
Continue reading “Driver License Suspension: Debt Bondage for Modern Times?”
Submitted by Charlton Stanley (aka Otteray Scribe), Guest Blogger
Approximately 1,000 weather reporting stations all over the world have been monitoring local temperatures for decades. Temperature data have been compiled and analyzed by NASA scientists at NASA’s Goddard Institute for Space Studies (GISS) in New York.
Nine of the 10 warmest years on record have occurred since the year 2000. The tenth? From the 20th Century, that was 1998. Temperature rise is not completely steady and consistent from one year to the next. That is due to factors such as volcanic eruptions and other natural causes; however, trends are the important thing.
We can see from the short video below the flip that Earth continues to experience warmer temperatures than several decades ago. The average temperature around the globe in 2011 was 0.92 degrees F (0.51 C) warmer than the mid-20th century baseline. Weather experts warn that a consistent global average change of even a half-degree Fahrenheit can have catastrophic effects on global weather patterns. Anyone recall April and May 2011?
Submitted by Elaine Magliaro, Guest Blogger
In late July in Frankfort, Kentucky, supporters and critics of the Next Generation Science Standards clashed during a hearing over proposed changes that could be made to the science curriculum of the state’s public schools. The new science standards were developed with input from officials in Kentucky and twenty-five other states with the hope of making science curricula “more uniform across the country.”
Those who spoke in support of the new education standards said they are “vital if Kentucky is to keep pace with other states and allow students to prepare for college and careers.” Supporters feel the new standards “will help beat back scientific ignorance.” Critics—on the other hand—claimed that the new standards were “fascistic” and “atheistic” and promoted thinking that could lead to “genocide” and “murder.”
According to the Courier-Journal, nearly two dozen parents, teachers, scientists, and advocacy groups commented during the Kentucky Department of Education hearing on the Next Generation Science Standards—which are a broad set of guidelines that were developed in order to revise K-12 science content that would meet the requirements of a 2009 law, which called for educational improvement.
-Submitted by David Drumm (Nal), Guest Blogger
The U.S. government has demanded that internet companies turn over their master encryption keys that are used to secure Web communication. Web encryption is active when an HTTPS appears on the URL. The technique is called SSL, or Secure Sockets Layer. For example, HTTPS encrypts communications only between the browser and Gmail’s servers. With the master keys, decryption of the contents of the intercepted communication is possible. “Strongly encrypted data are virtually unreadable,” according to NSA director Keith Alexander. The internet is fast becoming an encrypted model as more internet companies adopt SSL.