Legal Commentary

Former MIT Professor Keeps Boston Police At Bay for Hours

Posted on July 02, 2008
A woman identified only as a former MIT professor of chemistry held Boston police at bay for hours in the Beacon Hill neighborhood. She is accused using her apartment for mixing chemicals — which caused the neighbors to call the police. After holding off police for hours, the woman was arrested and decontaminated twice...

Military Blogger Finds Flaw in Supreme Court?s Child Rape Ruling

Posted on July 02, 2008
Dwight Sullivan, a colonel in the Marine Corps Reserve, has some crowing rights this week. He found a serious factual error in the majority opinion barring the death penalty for child rape defendants — a flaw that was missed by both the majority and dissenting justices in Kennedy v...

Shock Video: U.S. Contractor Allegedly Shown Teaching Mexican Police How to Torture Suspects

Posted on July 02, 2008
Mexican citizens are in an uproar over newly released videos which appear to show a U.S. contractor teaching Mexican policy how to torture suspects, including a crude variation of water boarding. The Mexican police have been repeatedly accused of torture and this video show them practicing such techniques as dragging people through their own [...

The Roberts Court and The Return of the Four Horsemen

Posted on July 02, 2008
Below is today’s column on the end of the Supreme Court term. It looks at the implications of the current Court for either a President Obama or a President McCain. An interesting analogy can be drawn to the Four Horsemen and Three Musketeers of the Hughes Court during the first term of Franklin [...

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Shock Video: Woman Shown Dying at New York Hospital Without Any Assistance from Staff or Witnesses

Posted on July 02, 2008
A shocking video has emerged of a woman who collapsed on the floor of Kings County Hospital and is left to die without any assistance despite people and staff moving around the patient, Esmin Green. It now turns out that staff may have falsified medical charts at the psych ward to conceal the [...

Rebel Without a Cause: Muslims in Scotland Object to Use of Puppy in Police Postcards

Posted on July 02, 2008
William Randolph Hearst once said “Show me a magazine with a woman, a dog, or a baby on the cover, and I’ll show you a magazine that sells.” Perhaps following that logic, the Tayside Police Department in Scotland thought that they had the perfect postcard to send to citizens: featuring their [...

Boston Police Accused of Beating Student to Death for Snide Comment

Posted on July 01, 2008
Citizen groups are calling for an investigation of the death of David Woodman, a 22-year-old Emmanuel College student in Boston. According to friends, Woodman merely made a slightly snide comment to officers and was tackled by eight officers and eventually died from his injuries...

Learning Improper English: Students Receives Passing Grade for Telling Examiner to F*** Off

Posted on July 01, 2008
It appears that in England the grading curve is pretty generous. A British high school student received credit for answering an essay question with nothing but “f*** off.” That got her two points out of 27 and a passing grade. The passing answer was a response to the question “Describe the room you are [...

Rhode Island Lead Paint Case Reversed

Posted on July 01, 2008
In an impressive victory for the paint industry, the Rhode Island Supreme Court overturned the major verdict against three former lead paint producers. Sherwin-Williams Co., NL Industries Inc. and Millennium Holdings LLC liable secured a 4-0 sweep of the court in a setback for advocates of these cases employing a novel use of nuisance [...

Billionaire Jeffrey Epstein Sentenced for Soliciting Underage Girls

Posted on July 01, 2008
Jeffrey Epstein, a billionaire and friend of Bill Clinton, has bee sentenced to 18 months in jail (plus a year of house arrest) for soliciting prostitution from underage girls in South Florida. Several women are now suing him. A former math teach from Brooklyn, Epstein became super rich as a financial adviser...

Joe Horn Cleared by Texas Grand Jury

Posted on July 01, 2008
Joe Horn, a man who killed two men who broke into a neighbors house will not be charged despite an audio recording in which Horn disobeys a dispatcher and seems intent on killing the men. A Texas grand jury refused to indict him for the killings in November...

The Poetry of Presidential Abuse: The D.C. Circuit Rules Against the President With ?Snarky? Poem

Posted on July 01, 2008
For years, many have cited international and domestic law to show that President Bush has committed grave crimes in office. Now, the Court of Appeals has enlisted Lewis Carroll and his poem “The Hunting of the Snark” to bring home the point in it ruling against the Administration in the case of a [...

Feeding the Dragon: Annual Lawyer Poll

Posted on July 01, 2008
The annual poll of lawyers by Law Dragon has begun. You can vote for your favorite lawyers and judges here. Notably, Bush lawyers John Yoo, Viet Dinh, Monica Goodling, Alberto Gonzales, or John Ashcroft are not on the list. Michael Mukasey is on the list but described as a district court judge...

Dr. Sami Al-Arian Arraigned

Posted on June 30, 2008
Dr. Al-Arian was arraigned today before United States District Judge Leonie Brinkema of the United States District Court for the Eastern District of Columbia. In court were three of Dr. Al-Arian’s children and, despite to changes to the hearing time, supporters of Dr...

Update: Dr. Al-Arian?s Hearing Moved to 1 pm on Monday

Posted on June 30, 2008
I have just returned from the Alexandria courthouse. The Al-Arian arraignment has been moved until 1 p.m. due to the failure of the government to transport him to the courthouse.

Supreme Court of Canada Defends Fair Comment and Free Speech

Posted on June 30, 2008
In the last year, we have seen some alarming examples of how Canada has rolled back on free speech, particularly in cases of alleged discrimination (here and here). However, the Supreme Court of Canada has handed down a unanimous decision that offers great hope that free speech is not dead in the North...

French Give Public a Realistic Demonstration of a Hostage Rescue: Shooting 16 Bystanders

Posted on June 30, 2008
The French marines stationed at the Laperrine military barracks wanted to give the public a realistic example of a hostage rescue operation. One soldier, however, used life rounds and shot 16 people including children. The incident is under investigation, but officials have stated that it may have been an accident...

Indian Businessman Sentenced to Life for Killing Daughter-in-Law

Posted on June 30, 2008
Chiman Rai, 68, was sentenced in Atlanta, Georgia to life in prison for the murder of his daughter-i-law. The Indian born businessman was accused of killing Sparkle Michelle Rai because she was black and he viewed the marriage as bringing shame upon his family...

Swedish Tort: Parliament Considers Charge of Discrimination for Not Inviting Two Boy to Birthday Party

Posted on June 29, 2008
In Sweden, a family has found itself reported to Parliament for its violations of anti-discrimination laws. The offense? It’s eight-year-old boy failed to invite two children to his birthday party. It is still unclear whether the “goodie bags” will raise any additional legal questions, but party counsel has been hired for [...

Teen Decapitated in Latest Accident at a Six Flags

Posted on June 29, 2008
A 17-year-old boy was decapitated by a roller coaster at Six Flags Over Georgia. It is only the latest mishap on such rides and the matter is being investigated to determine why the teen (with a friend) scaled two six-foot fences to gain access to the off-limits areas...

Bonkers in Yonkers: Police Officer Charged with Body-Slamming Woman in Restaurant

Posted on June 29, 2008
Yonkers officer Wayne Simoes has been charged with violating the civil right of Irma Marquez when he body slammed her on a tile floor causing serious injuries. The video is below. Simoes was responding to a medical call at the La Fonda restaurant on March 3, 2007...

New York Police Allegedly Film Themselves Framing Four Men

Posted on June 29, 2008
New York undercover police officers filmed themselves framing four men in a drug case. The films shows that brothers Jose Colon and Maximo Colon had no contact with the officers despite their sworn statements that the men sold them drugs. The Colon brothers were ruined over the six months, it took to clear [...

Exorcising Free Exercise: Texas Supreme Court Rules That Church Can Injure Minors During Exorcisms

Posted on June 28, 2008
The Texas Supreme Court has ruled that the Pleasant Glade Assembly of God cannot be held liable for injuries to a 17-year-old girl from an exorcism performed on her by the church members. Laura Schubert was cut and bruised and suffered lasting psychological trauma but the Texas Supreme Court said that it is all [...

Senators Craig and Vitter Team Up to Save Marriage

Posted on June 28, 2008
The cherished institution of marriage in the United States is about to be saved. Sen. Larry Craig (R-ID), fresh from his bathroom arrest, and Sen. David Vitter (R-LA), fresh from his call-girl scandal, have co-sponsored S. J. RES. 43, dubbed the Marriage Protection Amendment, to bar same-sex marriage...

Old Van w/ Low MPG, High FS (Free Speech): Ninth Circuit Rules in Favor of Van Speech

Posted on June 28, 2008
The Ninth Circuit has rendered an interesting first amendment decision on the right to cover one’s car with unpopular or obnoxious statements. Matthew Fogel painted his van with such ditties as ?ALLAH PRAISE THE PATRIOT ACT . . . F***ING JIHAD ON THE FIRST AMENDMENT! Most notably, he taunted police with ?PULL ME OVER! [...

Dr. Sami Al-Arian to Be Arraigned at 10 am on Monday, June 30th

Posted on June 28, 2008
Dr. Sami Al-Arian is scheduled to be arraigned at 10 a.m. on Monday, June 30th, in the Alexandria Courthouse. He will appear before Judge Leonie Brinkema, who is also the judge in my representation of Dr. Ali Al-Timimi. A copy of the indictment is below...

Senior Pilots Challenge ?The Fairness for Experienced Pilots Act?

Posted on June 27, 2008
Late last night, I filed our challenge to the ironically names “The Fairness for Experienced Pilots Act,” legislation that wipes out the seniority, benefits, and status of pilots who turned 60 before December 13, 2008 — the date of the Act’s enactment...

Mother?s Little Helper: Doctor Faces Charges After Helping Son Bulk Up With Hormones

Posted on June 27, 2008
In England, Dr. Rehab Al-Jumaily faced a common problem of a parent with a child: bullies. However, rather than the usual calls to parents or teachers, Al-Jumaily decided a more chemical approach: she helped her son bulk up with growth hormones. Al-Jumaily now may lose her practice over the violations...

?Absolut? Madness: Florida Man Dies After Vodka Drinking Contest

Posted on June 27, 2008
In Seffner, Florida, there are questions being raised about a bar’s drinking contest that caused or contributed to the death of one of the contestants. Eric Morris, 26, died after consuming an estimated 25 shots in 30 minutes. With the advent of Dram Shop laws, bars have been subject to a greater level of liability...

Chickens Don?t Kill People, People Kill People: Man Accused of Frozen Chicken Attack

Posted on June 27, 2008
Frederick McKaney, 40, of Ypsilanti, Michigan has been charged with an attack with a frozen chicken and attacking his mother with a fork. In addition to assault and battery, he is charged with resisting an officer. McKaney allegedly took a fork to his mother when she refused to give him money...

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