Uncategorized

French Highest Court Strikes Down Law Criminalizing Denial of Armenian Genocide

Previously we discussed the new French law making it a crime for citizens to deny or minimize the genocide of Armenians by Turks in the early 20th century. It was discussed as part of a worrisome trend of limitations on free speech in the West through blasphemy, hate speech, and discrimination laws. Now the French Supreme Court has shown all of the principle that was so lacking in the government and struck down the law. In so doing, the Supreme Court reaffirmed the French commitment to liberty. To those jurists, I say “Liberté, égalité, fraternité!”

Continue reading “French Highest Court Strikes Down Law Criminalizing Denial of Armenian Genocide” →

Bizarre, International, Religion

Yahweh Or The Highway: Pastor Chased Out Of Town After Failing To Turn Stick Into Snake

A pastor in Ghana learned something that vaudeville performers have known for years: know your audience and know your limits. The pastor of the Seventh Day Revival Judaism of Yahweh church promised villagers that he would turn a walking stick into a snake in the town square. People assembled hours in advance to see Pastor Yaw Saul, 49, perform the miracle last done before an audience of Egyptians by Moses. They soon discovered the pastor was no Moses and the stick was . . . well . . . a stick. The pastor, however, was able to turn a crowd of the faithful into a murderous mob.

Continue reading “Yahweh Or The Highway: Pastor Chased Out Of Town After Failing To Turn Stick Into Snake” →

Bizarre, Media, Politics

The Original Intent Debate Turns To James Madison . . . Jay-Z

As a law professor, I am often called into disputes over the original intent of the Framers — most recently in testimony over the recess appointment clause in the House Judiciary Committee. In the Florida House of Representatives, however, this dispute became particularly intense as Rep. Alan B. Williams and Speaker Dean Cannon disagreed on the specific words and intent behind that legal paragon Jay-Z:

Continue reading “The Original Intent Debate Turns To James Madison . . . Jay-Z” →

Bizarre, Constitutional Law, International, Politics, Society

Karzai Approves Edict Stating Woman Are “Secondary” And Worth Less Than Men

We have previously discussed Afghan President Hamid Karzai stated inclinations toward the Taliban and harsh treatment of women. Karzai now appears to be moving more aggressively to this Sharia-based vision for women — a vision that expressly devalues their worth and endorses beatings by their husbands. This week, Karzai endorsed an edict from the Afghan Ulema Council — Afghanistan’s highest Islamic authority — that women are worth less than men and supporting “Sharia-compliant” beatings of women. That is the model government that we have created with the loss of both our men and women as well as hundreds of billions of dollars. We are still spending billions on the country as it embraces the Taliban and harsh Sharia principles.

Continue reading “Karzai Approves Edict Stating Woman Are “Secondary” And Worth Less Than Men” →

Bizarre, Congress, Criminal law, International, Lawyering, Media, Politics

Mueller: I Can’t Say Whether I Now Can Kill Citizens In The United States Under Obama’s Kill Doctrine

This week we have been discussing Attorney General Eric Holder’s recent speech at Northwestern University Law School detailing the claim of President Barack Obama that he has the right to kill American citizens based on his inherent authority and the ongoing war on terror. I previously wrote a blog and a column on the issue. Those pieces noted that Holder limited his remarks by referring to targeted killing “abroad.” However, I noted that the Administration’s past references to this power are not so limited. Indeed, the only limits stated by the Administration have been self-imposed standards and what Holder calls “due process” — expressly excluding “judicial process.” Now, FBI Director Robert Mueller has entered the fray. On Wednesday Mueller was asked in a congressional hearing whether the current policy would allow the killing of citizens in the United States. Mueller said that he simply did not know whether he could order such an assassination. It was the perfect moment to capture the dangerous ambiguity introduced into our system by this claim of inherent authority. I can understand Mueller deferring to the Attorney General on the meaning of his remarks, but the question was whether Mueller understands that the same power exists within the United States. One would hope that the FBI Director would have a handle on a few details guiding his responsibilities, including whether he can kill citizens without a charge or court order.
Continue reading “Mueller: I Can’t Say Whether I Now Can Kill Citizens In The United States Under Obama’s Kill Doctrine” →

Bizarre, Society

The Navajo Tribe Sues Urban Outfitters Over Use Of The Term “Navajo” and Prints “Evoking” Navajo Patterns

We have another trademark case that raises the question of the scope of our current trademark laws. The Navajo Nation is suing Urban Outfitters is infringing its trademark by using its name and tribal-type patterns on merchandise. The mere use of the word “Navajo” and “Navaho” is considered a trademark violation by the tribe as well as the use of symbols and marks that “evoke the Navajo Indian Tribe’s tribal patterns, including geometric prints and designs fashioned to mimic and resemble Navajo Indian and tribal patterns, prints and designs.”

Continue reading “The Navajo Tribe Sues Urban Outfitters Over Use Of The Term “Navajo” and Prints “Evoking” Navajo Patterns” →

Bizarre, Criminal law, Society

Lack of Harmony: Three-Year-Old Girl Left At Chuck E. Cheese . . . Parents Find Out Watching The 11 O’Clock News

As the father of four, I was struck yesterday with a story out of Harford County, Maryland where a 3-year-old girl named Harmony was left at a Chuck E. Cheese’s and the parents did not realize that their daughter was missing until watching the 11 p.m. news.

Continue reading “Lack of Harmony: Three-Year-Old Girl Left At Chuck E. Cheese . . . Parents Find Out Watching The 11 O’Clock News” →

Bizarre, Criminal law

The Sins of the Father: Hockey Dad Arrested After Blinding Opposing Goalie With Laser

To paraphrase, Sarah Palin: you know the difference between a pit bull and a Hockey Dad? A laser, apparently. In Boston, Joseph Cordes, 42, has been arrested for allegedly sitting in the stands with a laser that he was using to blind the goalie of his daughter’s opposing hockey team. His daughter was playing for Winthrop against Medway-Ashland in the Division 1 preliminary game when a parent spotted him with the laser. He has now been charged with disorderly conduct.

Continue reading “The Sins of the Father: Hockey Dad Arrested After Blinding Opposing Goalie With Laser” →

Constitutional Law, Courts, Criminal law, Free Speech, Media, Politics, Society

Ohio Case Challenges Law Criminalizing “Lies” In Political Campaign

The New York Times has an interesting article on the continuing debate over whether lies are protected under the first amendment — a debate that we discussed earlier in relation to the Supreme Court’s consideration of the constitutionality of the Stolen Valor Act. Mark W. Miller, however, is fighting this issue in a different context — challenging a law that makes it a crime to lie in a political campaign. I have always viewed these laws as inimical to free speech and contrary to the First Amendment. The Supreme Court could resolve the question in the Alvarez case — or reinforce the ability of states to prosecute people for falsehoods utterly in political campaigns.

Continue reading “Ohio Case Challenges Law Criminalizing “Lies” In Political Campaign” →

Animals, Bizarre, Environment, International, Torts

Missing The Bear Essentials? American Hunter Denies Story On Chinese Polar Bear Hunts

Scott Lupien insists that he is the ultimate conservationist. According to the article below, Lupien, an American fluent in Chinese, takes wealthy Chinese to Canada where they can see magnificent Polar bears up close . . . and kill them and turn them into rugs. The , Lupien is a professional hunter who is “teaching the Chinese about conservation” by leading trips to shoot down male polar bears. He insists that his customers respect nature: “Each hunter is allowed to kill one male only. We then turn them into rugs.” On his website, however, Lupien says that the story is false raising an interesting question of potential defamation.

Continue reading “Missing The Bear Essentials? American Hunter Denies Story On Chinese Polar Bear Hunts” →

Congress, Constitutional Law, Courts, Criminal law, International, Military, Politics, Uncategorized

Holder Promises To Kill Citizens With Care

Attorney General Eric Holder was at Northwestern University Law School yesterday explaining President Barack Obama’s claimed authority to kill any American if he unilaterally determines them to be a threat to the nation. The choice of a law school was a curious place for discussion of authoritarian powers. Obama has replaced the constitutional protections afforded to citizens with a “trust me” pledge that Holder repeated yesterday at Northwestern. The good news is that Holder promised not to hunt citizens for sport.

Continue reading “Holder Promises To Kill Citizens With Care” →

Constitutional Law, Courts, Politics, Society, Supreme Court

Federal Court Strikes Down Maryland’s Handgun Law

U.S. District Judge Benson Everett Legg has struck down Maryland’s handgun law to the extent that it requires residents show a “good and substantial reason” to get a handgun permit. While he is being criticized for the opinion, I believe that Judge Legg is on sound legal ground in light of the Supreme Courts decisions in District of Columbia v. Heller (2008) and McDonald v. Chicago (2010). The case does enter into largely unmapped territory on what standard of scrutiny to apply in such cases — a matter that could prove quite important in future cases.

Continue reading “Federal Court Strikes Down Maryland’s Handgun Law” →