Legal Commentary

Meet Your Greatest Nightmare: New York Data Reveals Most Dangerous Breeds

Posted on February 21, 2011
Dog bites are the bread and butter of thousands of lawyers. One of the greatest secrets of the personal injury lawyers, however, is that a large portion of the bite business comes not from big dogs but little lap dogs. The secret is now out. New York health officials have released the 2010 data showing [...

FSU: The S is For (Semi-)Sober

Posted on February 21, 2011
I just saw this on Reddit and thought it was a bit of a curious sales pitch for Florida State University. I note that they do not give the same assurance of “mostly sober” for their faculty. One could read this to mean only 39% of FSA students are completely inebriated...

Dallas Officer Suspended Over Facebook Postings

Posted on February 21, 2011
Dallas Police Sr. Cpl. Cat Lafitte has become the latest victim of the enticement of Facebook. Lafitte reportedly posted an assortment of shocking comments on her accounts, including bragging about cutting a hospital worker’s face when he tried to get her to stop screaming profanities into her cellphone...

Birkhead Threatens Legal Action Against Anna Nicole Smith Opera

Posted on February 21, 2011
Larry Birkhead, the father of Anna Nicole Smith’s only surviving child Dannielynn (and therefore the heir to her large estate), is threatening legal action against the Royal Opera House over its opera “Anna Nicole.” Birkhead is insisting that the portrayal of Smith is not flattering or respectful — leading to some interesting questions of how [...

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Scientists (Again) Criticize Obama Administration Over Claims of Recovery of Gulf After BP Spill

Posted on February 21, 2011
Remember when Obama energy advisor Carol Browner assured the public that the oil from the BP spill has miraculously disappeared after criticism of Obama’s opening up the pristine areas of Eastern coast to exploration? Well, the Administration is still at odds with scientists who insist that the damage is devastating...

These Boots Are Made For Walkin?

Posted on February 20, 2011
-Submitted by David Drumm (Nal), Guest Blogger These Boots Are Made For Walkin’ For your listening enjoyment, we offer Nancy Sinatra in glorious STEREO! Start walkin’.

Jury Tampering and the First Amendment

Posted on February 20, 2011
Mike Appleton (guest blogger) A Florida circuit judge has issued  an administrative order virtually certain to result in a court battle pitting the right of free speech against the duty of courts to protect the integrity of jury deliberations.  The order prohibits “the dissemination of all leaflets and other materials to summoned jurors, as well [...

Scott Walker: A Fiscally Responsible Governor or a Politician Who Is Playing Favorites?

Posted on February 20, 2011
Submitted by Elaine Magliaro, Guest Blogger There?s been a lot going on in Wisconsin in the past week. I hope most Americans are aware of the reason why so many Wisconsinites have converged on the state capital to hold demonstrations. Wisconsin Governor Scott Walker, a Republican, claims that the state is in financial trouble...

Politics of Contraband: Jerks Smuggle Jerky to Finance 34 Mile Trip

Posted on February 20, 2011
Submitted by Mark Esposito, Guest Blogger Steve Martin’s character, Navin Johnson, has nothing on two West Virginia residents hell-bent to rescue a relative with car trouble. Hearing the plea for help, but without sufficient funds to finance the 34 mile trip from Somerset, PA to New Stanton, PA, cousins Michael Allen Graham, 37, and John Edward [...

Religion Grapples With Sportsmanship In Iowa

Posted on February 20, 2011
Submitted by Mark Esposito, Guest Blogger One hundred twelve pound Cassie Herkelman is a historic figure in Iowa high school sports. Though Iowa has allowed girls to compete against boys in wrestling for two decades, Cassie is the first to win a match in Iowa’s legendary state wrestling tourney...

Forget About Obama, Was Washington Constitutional?

Posted on February 20, 2011
-Submitted by David Drumm (Nal), Guest Blogger The Constitution’s text on the issue states “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President...

Battle of the Kung Fu Pandas

Posted on February 20, 2011
-Submitted by David Drumm (Nal), Guest Blogger DreamWorks has been hit with a copyright infringement lawsuit. Jayme Gordon filed his lawsuit in federal court in Boston claiming that DreamWorks is infringing on his copyrights on the idea of a chunky panda with kung fu prowess, as well as several other animal characters...

Judge Disallows Padilla Torture Suit Because He Was Tortured?

Posted on February 20, 2011
Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger   You may have missed this story in the corporate media.   It is an issue that is near and dear to my heart.  It seems that a Federal Judge has dismissed a case brought by Jose Padilla and others against Donald Rumsfeld and other Bush administration officials, for a [...

Using Lara Logan

Posted on February 19, 2011
-Submitted by David Drumm (Nal), Guest Blogger The Right is on a crusade to show that Islam is evil. The use of the attack on Lara Logan to further that agenda is despicable. The assault was almost certainly perpetrated by pro-Mubarak thugs who were sent out to rough up journalists and protestors...

$315 Million For ?Boobs and Woo??

Posted on February 19, 2011
-Submitted by David Drumm (Nal), Guest Blogger The Huffington Post (HuffPo) was recently acquired by AOL for $315 million, $300 million of it in cash. That’s a lot of money for what’s been called “the Journal of Boobs and Woo.” The boobs are OK, the woo is not...

Short Fat Fannie

Posted on February 19, 2011
-Submitted by David Drumm (Nal), Guest Blogger Short Fat Fannie Break out the headphones/earbuds, today we have Larry Williams in glorious STEREO! Get up and dance.

The Right?s War on Women Continues?at the State Level

Posted on February 19, 2011
Submitted by Elaine Magliaro, Guest Blogger On the National Level In late January, I wrote a post titled Rape Redefined and Brought to You by the US House of Representatives in which I talked about members of Congress?mostly Republicans?who were attempting to ?redefine? what the only REAL kind of rape is?that would be ?forcible rape...

Ethics and The Supreme Court

Posted on February 19, 2011
Submitted By Lawrence Rafferty, (rafflaw) Guest Blogger   Professor Turley has recently discussed the ethical problems raised by Supreme Court Justices Scalia and Thomas by their attendance and participation in fund raisers for conservative groups.  In addition, Justice Thomas? wife has also come under criticism for working for a lobbying group that benefitted from the Citizen United [...

Wisconsin Man Charged With Child Porn After Altering Video of School Song To Look Like Kids Were Listening To Sexual Lyrics

Posted on February 18, 2011
Evan Emory, 21, is the focus of a curious case of pornography in Wisconsin. Emory convinced a first-grade teacher at Ravenna’s Beechnau Elementary School to allow him to come into her class and sing two kid-themed songs. He videotaped the songs and then went home and substituted sexual lyrics to make it look like the [...

Chicago Woman Accused of Fatally Hitting Man After Driving While Updating Her Facebook Account

Posted on February 18, 2011
A wrongful death lawsuit in Chicago has alleged another case of distracted driving . . . this time involving a driver, Araceli Beas, who is accused of updating her Facebook account on her cellphone just before she hit and killed pedestrian Raymond Veloz...

Hastings Law Professor Subject To Mistaken Drug Raid

Posted on February 18, 2011
Hastings Law Professor Clark Freshman has acquired some real-life material for his next class. Narcotics police raided his home on January 11th in the belief that he had an illegal marijuana growing operation. They found only a rather ticked off law professor...

Meet Harvey Updyke: ?Bama Tide Fan and Alleged Tree Killer

Posted on February 18, 2011
Harvey A. Updyke, 62, reportedly really really likes the Alabama Crimson Tide . . . and does not think much of trees. Police arrested Updyke in the poisoning of the historic oak “Toomer’s” trees at Auburn where victories have long been celebrated by students and faculty...

Iraq Demands $1 Billion And An Apology From U.S. For Damage To Baghdad

Posted on February 17, 2011
In an example of unparalleled hubris, Iraqi officials are demanding that the United States apologize and pay $1 billion for the damage done to the city. Officials are complaining that the blast walls installed by the U.S. to protect the public are ugly and that Humvees and vehicles have caused damage in patrolling the city [...

Congresswomen Moves To Stop Military From Spending $100 Million in NASCAR Endorsements

Posted on February 17, 2011
Rep. Betty McCollum, D-Minnesota, has come up with an easy way to say $100 million: end military sponsorships of NASCAR. Most people might be a bit surprised to learn that we are spending $100 million for NASCAR endorsements, but that cost is quite modest when you consider that the military is willing to spend almost [...

David Schoen Responds To Criticism Over Lawsuit Against Jimmy Carter

Posted on February 17, 2011
I previously posted a critical account of the lawsuit filed against former President Jimmy Carter by David Schoen of Montgomery, Alabama and Nitsana Darshan-Leitner of Ramat Gan, Israel. I view the filing as not just meritless but a direct threat to free speech in the misuse of common law and consumer protection laws...

Widener Law Professor Suspended For Using Dean In Hypotheticals

Posted on February 17, 2011
There is a rather considerable controversy over academic freedom out of Widener School of Law where professor Lawrence Connell has been suspended after using Dean Linda Ammons in hypotheticals in class. Two students filed complaints alleging that his use of Ammons (who is black) was violent, racist and sexist...

Horn-O-Plenty: Inmate Found With 30 Items During Cavity Search

Posted on February 17, 2011
In Sarasota County, Florida, Neil Lansing, 34, proved a virtual Cornucopia during a cavity search during booking. Officers removed everything short of his lawyer in their routine search. Lansing’s rectum contain 30 items, including 17 Oxycodone pills, 1 cigarette, 6 matches, 1 flint, 1 empty syringe with eraser over needle, 1 lip balm container, 1 [...

Former Prosecutor

Posted on February 16, 2011
Former Franklin County District Attorney John Pilati has added another ignoble precedent to his record. Pilati has just completed a sentence for civil rights violations involving prisoners. Since these allegations includes fondling men as they provided urine drug tests, he must now register as a sex offender according to the United States Court of Appeals [...

A Basis for Damages or Sanctions? Jimmy Carter Sued Over His Book on Palestine

Posted on February 16, 2011
Former President Jimmy Carter has been named in a disturbing and clearly frivolous lawsuit over his representations on the Israeli-Palestinian conflict in his 2006 book “Palestine, Peace Not Apartheid.” The five plaintiffs are seeking $5 million, but, in my view, should be held for Rule 11 sanctions in filing a vexatious and frivolous lawsuit...

Cross To Behr: Owner Refuses Order To Take Down Atheist-Converting Lighted Crosses

Posted on February 16, 2011
We previously followed the controversy over the nuisance created by a man who erected giant lighted crosses to convert or deter atheists, but succeeded in primarily blocking the sleep of his neighbor. Now, Carl Behr is refusing to take down the crosses by citing his duty to a higher law...

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