The Amazing Family Dental office certainly seems to deliver on its promise. Christopher Crist, a 21-year-old autistic man, claims that he went to have three teeth pulled only to find that the dentist pulled them all. That raises not only the possibility of a negligence claim but a battery claim against the dentist in tort.
In Kingsport, Tennessee, former Mount Carmel Vice Mayor William Blakely is accused of distracted driving. No he was not texting or reading while driving. That would actually be an improvement according to others drivers. Rather, other drivers accused him of exposing himself and masturbating while driving.
Continue reading “Former Tennessee Vice Mayor Arrested For Allegedly DWM — Driving While . . .”
Louisiana State Representative Katrina R. Jackson has a curious take on the religion clauses. Despite contrary Supreme Court precedent under the First Amendment, Jackson is pushing legislation to require students to learn the Lord’s prayer every morning in public schools. Jackson insists that requiring the Lord’s prayer (though students cannot be punished for failing to recite it) is simply a way to get them to appreciate . . . you guessed it . . . religious freedom.
As the Supreme Court considers the same-sex marriage cases in Hollingsworth and Windsor, the arrest of Roger Gorley could serve as an answer to justices like Chief Justice John Roberts who asked pointedly what the rush was for an answer on the issue. Gorley was arrested at the Research Medical Center in Kansas City after he refused to leave the side of his partner. While he had power of attorney and the right to make medical decisions, family members did not want him in the room. Because he was not viewed as a “spouse” and therefore a family member, he was told to leave.
Continue reading “Gay Man Arrested After He Refused To Leave Partner’s Side In Missouri Hospital”
The New York Times Magazine article on the return of former Rep. Anthony Weiner and his wife Huma Abedin has been denounced as a puff piece designed to lay the foundation for Weiner to run for New York mayor or other office. As I have mentioned before, I am astonished by so many Democrats expressing interest and support for Weiner’s return. Weiner has already reportedly spent considerable money on polling and clearly has received assurances of financial support. While many of the same people called for the removal of Republicans like Senator Larry Craig and others, it seems that sending creepy sexual pictures to unconsenting women, lying to the public repeatedly, and attacking the media is not enough to disqualify you for high public office. The article does read like a puff piece about one of New York’s power couple. However, it contains some truly bizarre insights into Weiner and his family.
This disturbing video has gone viral of a mother on a bus this week who threw her baby in order to fight another women on the bus. The question is what the criminal charge should be in such a case. There is no record of any charge at all but the video feeds offer little information of the aftermath.
Continue reading “Video: Woman Tosses Baby To Fight With Another Woman On City Bus”
This week produced a reminder of the lack of separation of temple and state in Israel where the government routinely enforces Jewish religious laws. Tourists at the Western Wall watched as women were arrested in Jerusalem’s Old City for merely wearing prayer shawls in defiance of Orthodox beliefs. Orthodox laws govern the activities at the wall and Orthodox Jews believe that only men can wear shawls and pray at the wall.
Continue reading “Israeli Police Arrest Women For Wearing Prayer Shawls At Western Wall”
Washington Attorney General Bob Ferguson is suing Barronelle Stutzman, owner of Arlene’s Flowers and Gifts, after she refused to provide flowers for a gay wedding. I have been writing about the tension between free exercise rights and anti-discrimination laws — a subject that I discussed at the conference this week at the Utah Valley University’s Center for Constitutional Studies. This is now an issue that is arising with greater regularity, including conflicts over wedding cakes and other items.
Continue reading “Washington Attorney General Sues Florist Who Refused To Provide Flowers For Gay Wedding”
We have been following the continuing abuse of citizens who are detained or arrested for filming police in public. (For prior columns, click here and here). Despite consistent rulings upholding the right of citizens to film police in public, these abuses continue. Usually police claim that it is a crime to film them. San Diego police have been videotaped with a new and even more disturbing angle on these cases. Police officers were videotaped telling Adam Pringle that his cellphone was a weapon and then arresting him.
Republican state Rep. Michele Presnell of Burnsville, N.C., shows that the effort to reform the image of the GOP is still a work in progress. When asked recently about whether she would be comfortable with a Muslim prayer opening a legislative meeting, Presnell responded: “No, I do not condone terrorism.” Presnell was one of the legislators who recently sponsored a bill to allow North Carolina to establish an official religion. My guess is that it would not be Islam.
Continue reading “North Carolina Lawmaker Equates Muslim Prayer With Terrorism”
It appears that Rep. Don Young has a soul mate in Kansas. Saline County Commissioner Jim Gile, 68, complained in a meeting that the county needed to hire an architect to design local improvements rather than “n*****-rigging it.” It is not clear which is worse the statement or his attempt at an apology.
As Vladimir Putin secures a new blasphemy law against critics or mockers of religion, Russian Orthodox Church Patriarch Kirill is showing that, while insulting his faith is a crime, insulting women is divine. Kirill condemned “feminism” as “very dangerous” for families and Russia, encouraging women to focus on housekeeping and children.
Continue reading “Russian Patriarch Condemns Feminism As “Very Dangerous””
The Russian State Duma has reportedly moved forward with new legislation pushed by the Putin government to criminalize blasphemy — a measure designed to please the Russian Orthodox church. As we have discussed previously, Putin has reestablished the link with the Church to crack down on critics and nonbelievers. The new law purportedly protects religious feelings of believers.
Continue reading “The Russian Duma Moves Toward New Blasphemy Law”
The Justice Department has long been accused of whitewashing misconduct of its own prosecutors and rarely acting on acts of prosecutorial misconduct, including common complaints of federal prosecutors withholding evidence and making misrepresentations to counsel or the courts. Even in high profile cases of misconduct, the Justice Department often drags out investigations only to later quietly end them without sanctions. One of the few sanctions meted out by the Justice Department came with attorneys responsible for the disastrous prosecution of former Senator Ted Stevens where their misconduct not only led to reversal of the case but the waste of millions of dollars. Now, however, an Administrative Law judge has overturned the suspensions of two federal prosecutors.
The Justice Department imposed the suspension after finding that the two prosecutors had engaged in reckless professional misconduct. Notably, this finding excused the prosecutors of intentional misconduct, a finding ridiculed by many in a case of clear prosecutorial abuse. The penalty came years after the misconduct and only involved a suspension without pay. Joseph Bottini was suspended for just 40 days and James Goeke was suspended for just 15 days. Even that is now dismissed under the ruling of Judge Benjamin Gutman. The reasoning gives an insight into why it is so difficult to get the Justice Department to mete out even mild punishment for prosecutorial misconduct.
In torts class, we often discuss Hegelian and other theories on understanding the value of objects. It is often the case that our clients come to us with the loss of property that has a higher value to them than is recognized by the law. This creates a difficult disconnect in seeking to make injured parties whole. The greatest example of this disconnect is the loss of pets. Pets are treated as a form of chattel and any significant damages are usually found not in the value of the pet but in the emotional damages for the human. This issue resulted in a significant decision in Texas Supreme Court last week when it found that damages for the loss of Avery could not include his sentimental value to the owner. In other words, Avery was a toaster. More friendly, more loyal, but a toaster when it comes to torts.
Continue reading “Texas Supreme Court Rejects Loss of Companion Damages For Pets”