Bizarre, International

German Court Rules Hangovers Are Legal “Illnesses”

A German court in Frankfurt was ruling on false health claims in a product advertising case when it made a notable threshold finding: a hangover is a legal “illness.” The finding was necessary to define the product as claiming to heal of human illness. The ruling explains its reasoning, but my question is whether the finding would mean that having a hangover would also then qualify as an illness to missing work and other employment protections. I ask because this month a French court ruled that the family of man who denied having sex while on a business trip could file for compensation for a work-related injury or death. Does this mean that in the European Union, the family of a worker who drinks himself to death might be able to receive compensation for a work-related death?

Continue reading “German Court Rules Hangovers Are Legal “Illnesses”” →
Columns, Congress, Constitutional Law, Politics

Pelosi’s Nightmare: The Democrats Stumble Over Potentially Impeachable Offense

Below is my column in the Hill on the implications of the controversy over the call of Donald Trump to the President of the Ukraine. Trump has now admitted to asking for the investigation of Joe Biden and his son, Hunter. As predicted in this column, the Democratic leadership has struggled to dampen calls for an impeachment, including the effort of Nancy Pelosi to call for legislation on indicting a sitting president. Of course, not only do many of us believe that you can indict a sitting president, but the legislation is utterly irrelevant to question of impeachment. Not surprisingly, the pressure is building after years of claiming the desire, but not the grounds, for such an impeachment.

Here is the column:

Continue reading “Pelosi’s Nightmare: The Democrats Stumble Over Potentially Impeachable Offense” →
Criminal law, Torts

Bronx Postal Worker Charged With Murder After Chasing Down Burglar And Killing Him With Pipe

One of the areas that I teach in torts is the use and limits of the privilege of self-defense and defense of property. We recently discussed in Illinois case involving the use of a spring gun in a case of defending property. Now in New York, postal worker Troy George has been charged with murder, manslaughter and weapons possession after he chased down an alleged burglar and killed him with a pipe.

Continue reading “Bronx Postal Worker Charged With Murder After Chasing Down Burglar And Killing Him With Pipe” →
Academia, Free Speech

Georgetown Students Shut Down Forum Of Experts Opposed To Climate Change

I have previously written about the toleration shown by colleges and universities in students and faculty disrupting speakers with whom they disagree. This has included protests where students have been prevented from studying as other students accuse them of privilege or racism.  Administrators at schools like Dartmouth have allowed such abusive conduct to occur without disciplinary action, even apologizing to the protesters.  Students at Columbia University library prevented College Republicans from speaking at a meeting while students at Northwestern prevented a class from being held. The latest example occurred last week at Georgetown where the Georgetown University College Republicans were prevented from holding an event critical of climate change theories. It is precisely the type of diversity of opinion that should be welcomed on a campus, but student protesters stopped others from hearing these views. As with the prior incidents, there is no indication of any punishment for the students in stopping the exercise of free speech on the Georgetown campus.

Continue reading “Georgetown Students Shut Down Forum Of Experts Opposed To Climate Change” →
Bizarre, Congress, International, Media, Politics

Biden: I “Have Never Spoken To My Son About His Overseas Business Dealings”

Joe Biden was speaking with reporters in Iowa when Fox News reporter Peter Doocy asked the relevant question about the controversy over his son’s windfall business dealings while he was Vice President. Doocy asked “How many times have you spoken to your son about his overseas business dealings?” Biden’s response was the second greatest surprise from the press scrum. Biden declared “I have never spoken to my son about his overseas business dealings.” The greatest surprise was what followed. Nothing. The rest of the press corps let Biden walk away without a single follow up answer of how it is possible for Biden could fly to China on Air Force II with Hunter Biden and never hear that his son was about to close an over billion dollar deal with the government’s Bank of China. Nothing. I just wrote a column noting the conspicuous lack of interest in the Biden deals by the media. Biden simply attacked Trump and barked at Doocy to “Ask the right questions!” He then continued on with his campaign.

Continue reading “Biden: I “Have Never Spoken To My Son About His Overseas Business Dealings”” →
Criminal law, Torts

Family Of Whitey Bulger Files Wrongful Death Action

The family of Boston gangster James “Whitey” Bulger have filed a wrongful death action against the federal Bureau of Prisons, alleging that he was “deliberately placed in harm’s way.” As I have written previously, Bulger’s murder would seem the result of either gross negligence or an intentional act by prison officials in allowing the attack on Bulger, 89. Perhaps a lawsuit will produce the full accounting that has yet to emerge from the prison.

Continue reading “Family Of Whitey Bulger Files Wrongful Death Action” →
Congress, Constitutional Law, Courts, Criminal law, Politics

Trump: I Cannot Be Criminally Investigated While In Office

In another extreme and dubious argument in court, President Donald Trump has gone to court against to block Manhattan District Attorney Cyrus Vance from gaining access to his tax returns. The President’s resistance to disclosing his taxes is now legendary, including differing excuses. However, this 20-page filing contains a particularly disconcerting argument that Trump cannot be criminally investigated while he is in office. It is an argument that has little support in either the text of the Constitution or cases dealing with Article II.

Continue reading “Trump: I Cannot Be Criminally Investigated While In Office” →
Bizarre, Criminal law, Media, Politics

Giuliani Denies Then Admits To Asking Ukraine To Investigate Joe Biden

This morning on NPR, I discussed the latest controversy triggered by President Trump’s personal lawyer, Rudy Giuliani. We have previously discussed the often conflicting statements made by Rudy Giuliani in this representation of President Donald Trump and the failure to follow a type of legal Hippocratic oath to first do no harm to one’s client. Last night Giuliani triggered another firestorm of criticism on CNN after he first denied speaking to Ukraine about investigating Joe Biden and then immediately contradicted himself and said that he did.

Continue reading “Giuliani Denies Then Admits To Asking Ukraine To Investigate Joe Biden” →
Bizarre, Media

CNN Uses McCabe To Analyze Allegations Against Trump On Whistleblower Complaint

The CNN has been criticized for its heavily anti-Trump coverage and comments over the years. It has also received widespread criticism of hiring Trump critics, including Andrew McCabe who was fired from the Justice Department and accused of an array of wrongdoing. He is also facing a recommendation for a criminal charge for false statements. This morning however CNN’s John Berman turned to McCabe to give its expert review of the serious controversy over an intelligence community complaint reportedly against Trump. CNN largely skipped over McCabe’s precarious legal position or the past complaints that he lied about past investigations.

Continue reading “CNN Uses McCabe To Analyze Allegations Against Trump On Whistleblower Complaint” →
Congress, Constitutional Law, Politics

Report: Trump Was Subject of Whistleblower Complaint Over Security Threat

Congress and the White House are in a standoff after the Administration refused to disclose a whistleblower complaint to the Inspector General over a national security breach — a complaint that under federal law is to be supplied to Congress. There is now a Washington Post report that the Complaint concerns a “promise” made by President Donald Trump to a foreign leader that was considered so serious that it prompted an intelligence official to file the complaint and prompted the Inspector General to declare the matter an “urgent concern.” Trump has been previously criticized for disclosing classified information, including a serious breach in a meeting with Russian officials.

Continue reading “Report: Trump Was Subject of Whistleblower Complaint Over Security Threat” →
Bizarre, Media, Politics

Trump Retweets Fake Video Of Omar Dancing On 9-11

President Donald Trump has made a mantra of his “fake news” attack on journalists. However, he has repeatedly retweeted false stories and the most recent is particularly concerning. Trump shared an edited video made by a comedian that falsely portrayed Rep. Ilhan Omar dancing and partying on the 18th anniversary of the 9/11 terrorist attacks. It triggered a chorus of objections. It was also entirely untrue.

Continue reading “Trump Retweets Fake Video Of Omar Dancing On 9-11” →
Bizarre, Media, Politics

Fuhgeddaboudit: De Blasio At 0 Percent Support In New York City With A 58 Percent Unfavorability Rating

New York City Mayor Bill de Blasio has tried everything to jump start his presidential campaign which has wallowed a 0 in national campaigns. From promising to “tax the hell out of the wealthy” to free education to free health care, de Blasio has tried everything. One of this central themes has been to herald his own performance as the mayor of New York. However, a new Siena College poll shows that de Blasio is even less popular in New York city with 58 percent of New Yorkers holding an unfavorable view of him. Even more telling is the fact that his own city shows the same 0 percent support that he has nationwide for president. Even Billy Crystal mocked de Blasio in declaring “You are going nowhere. Come back and clean up this city.

Continue reading “Fuhgeddaboudit: De Blasio At 0 Percent Support In New York City With A 58 Percent Unfavorability Rating” →
Congress, Constitutional Law, Media, Politics

“Feel Free To Leak This”: Pelosi Blasts Judiciary Committee Over Impeachment Efforts

For over two years, I have written that the Democratic leadership had no intention to impeach Donald Trump. The problem has been that the voters gave the House back to the Democrats in part to pursue impeachment. With the House Judiciary Committee moving forward, Speaker Nancy Pelosi has become more and more direct in reminding them that this is not a real effort. The most strident statements came out of a meeting yesterday with Pelosi not only blasting the Committee (and its Chair Jerry Nadler) but telling attendees “feel free to leak this.”

Continue reading ““Feel Free To Leak This”: Pelosi Blasts Judiciary Committee Over Impeachment Efforts” →
Columns, Congress, Constitutional Law, Courts, Media, Politics

Kavanaugh Impeachment Would Be Long On Politics And Short on Principle

Below is my column in the Hill newspaper on the recent allegations published by the New York Times against Justice Brett Kavanaugh. Despite the drafting of an impeachment resolution, the Democratic leadership has signaled that it has no intention of moving forward with an investigation. Instead it has been the New York Times that have been on the defensive over omissions from the column. Nevertheless, most of the Democratic candidates for president have called for Kavanaugh’s impeachment.

Here is the column:

Continue reading “Kavanaugh Impeachment Would Be Long On Politics And Short on Principle” →