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Legal Commentary

Res ipsa loquitur Res ipsa loquitur

Commentary by Jonathan Turley. ("The thing itself speaks")
By Jonathan Turley

Post Frequency: 85.9/day

Last Entry: April 01, 2011 at 14:49:11

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California Supreme Court Takes Historic Lawsuit by Lesbian Against Fertility Clinic

Posted on May 27, 2008
The North Coast Women’s Care Medical Group treated Guadalupe Benitez, of Oceanside, with fertility drugs for roughly a year. However, when they learned that she was a lesbian, they refused on religious grounds to inseminate her. Now, just on the heels of its historic same-sex marriage ruling, the California Supreme Court has taken [...


Helmet ? Check; Boots ? Check, Balloon . . . Sacré Bleu!

Posted on May 27, 2008
French skydiver Michel Fournier had everything in place todya for his much-touted attempt to break the world record for a parachute jump height. The only small problem is that his balloon left without him: bidding farewell to both the bid and over $200,000...


No Hybrids Wanted: Ford Dealer Tells Non-Religious Citizens and Civil Libertarians to Get Lost

Posted on May 27, 2008
In Southern California, Kieffe and Sons do not want non-Christians and civil libertarians to drive Hondas — or at least anything other than their Fords. The dealership has added a standard package of prejudice to its car sales with the ad below denouncing those who oppose prayer in school and intermingling of church and [...


Ok, I Hate It. There I Said It: Pentagon Memorial Takes Shape

Posted on May 26, 2008
On this Memorial Day, I looked with great anticipation with the completion of the Pentagon memorial. After all, it has taken years and $22 million dollars (with a $10 million endowment) to complete. The first pictures were released below and I must say that I positively hate the design...


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First Pictures From the Mars Phoenix Project

Posted on May 26, 2008
To the relief of many, the Mars Phoenix landed on Mars without incident. NASA has released the pictures below taken on the Red Planet’s arctic plains. This was the conclusion of a 296-day voyage and years of planning. This is the site where scientists believe that ice might be found under the surface and [...


Florida Judge Ana Gardiner Accused of Improper Relationship and Conduct

Posted on May 26, 2008
A new judge is under scrutiny over improper her relationship and conduct. Ana Gardiner, the chief criminal judge for the 17th Judicial Circuit, is accused of having a romantic relationship with defense attorney John Cotrone and also discussing pending murder cases over dinner with prosecutors — including laughing about the evidence, jurors, and capital [...


Court Rules In Favor of Red Cross in Lawsuit with Johnson & Johnson

Posted on May 25, 2008
The American Red Cross could have at least served coffee and donuts this week to the legal team of Johnson & Johnson: a court all but vanquished the claims of the company that the Red Cross had violated its trademarked use of the iconic red cross on white background...


Saudi Court Overturns Conviction of Employer Who Admitted to Torturing Maid ? Resulting in Amputation of Fingers and Toes

Posted on May 25, 2008
This week, we have seen another golden oldie from the Saudi legal system. Nour Miyati was severely abused by her employer who had tied up the Indonesian maid for a month and refused her food and basic necessities as punishment. Ms Miyati, 25, ultimately needed hospitalization and, after gangrene set in, they [...


Teacher Accused of Public Humiliation of Five-Year-Old Autistic Child

Posted on May 25, 2008
In Port St. Lucie, the family of nine-year-old Alex Barton are exploring a lawsuit against teacher Wendy Portillo and the school district of his humiliation in front of his class. Alex is in the process of being diagnosed with autism, but Portillo still reportedly punished him by making him stand in front of the class [...


Suing Mom: FDA Issues Warning on Use of Mommy?s Bliss Nipple Cream

Posted on May 24, 2008
A product liability case may be in the early stages this week with the issuance of a warning by the Food and Drug Administration that Mommy’s Bliss Nipple Cream, marketed by MOM Enterprises Inc. of San Rafael, California, is a serious danger to nursing babies...


Video: Rep. Kanjorski Admits that Party Used War to Win Election

Posted on May 24, 2008
Pennsylvania Rep. Paul Kanjorski has attracted some Internet attention with the release of the video below where he appears to admit that the Republicans played up the war for political purposes. In the video, Kanjorski states: “That if we won the Congressional elections, we could stop the war...


Norman Finkelstein Denied Entry Into Israel

Posted on May 24, 2008
Controversial American author and academic Norman Finkelstein has been arrested at Ben Gurion international airport near Tel Aviv and forced to leave the country. Various news reports indicate that he may be banished from Israel for ten years on on “security’ grounds...


South Carolina Principal Resigns in Protest Over Approval of Gay Club at High School

Posted on May 23, 2008
Eddie Walker, the principal of Irmo High School in Columbia, S.C., is resigning in the wake of a decision by the Lexington-Richland School District 5 officials, to allow the creation of a gay club at his school. He has cited his own religious views for the protest move...


Fly Found in Waddah: Canadian Supreme Court Throws Out Emotional Damages

Posted on May 23, 2008
Waddah (Martin) Mustapha could not get over the horror of it. The hairdresser was drinking from his bottled water when Waddah found a flouting dead fly. For his suffering (including depression and phobias), he was awarded $341,775. The Supreme Court of Canada had other ideas, and threw out the award — ruling [...


The Grim Reaper as the Ultimate Superdelegate: Hillary Clinton Raises Assassination Scenario to Justify Staying in the Race

Posted on May 23, 2008
Hillary Clinton has been criticized for coming up with new rationales for staying in the race from the popular vote to superdelegates to red state successes. Yet, few were prepared for her latest rationale: Obama could be dead before the summer convention...


Boston Newscaster Fired for Criticism of Bill O?Reilly

Posted on May 23, 2008
Veteran TV journalist Barry Nolan has been fired by Comcast for his public criticism of the decision by the local Emmy Awards to honor Fox News anchor Bill O?Reilly. The termination occurred at a time when Fox has allegedly threatened a retaliation campaign against NBC if it does not stop criticism of O’Reilly on [...


Senior Pilots Prepare Constitutional Challenge

Posted on May 23, 2008
I have an interesting constitutional case developing before the United States Court of Appeals for the District of Columbia. Older pilots are challenging the Fair Treatment for Experienced Pilots Act, Pub. L. No. 110-135, 121 Stat. 1450 (2007). The legislation presents not only a raw example of age discrimination but a possible bill [...


Alaska to Challenge Listing of Polar Bear as Endangered Species

Posted on May 22, 2008
Alaskans are going to court to challenge the listing of polar bears — unwilling to allow actions to protect endangered polar bears if it would threaten oil and gas revenues. The Alaskan politicians have a one and uninterrupted record of being the most hostile anti-environmentalists in government...


Love Bug: Man Admits to Sex with Over 1000 Cars ? and One Helicopter

Posted on May 22, 2008
Recently, this blog explored the criminal charges against men who have liaison with inanimate objects ranging from bikes to gates to picnic tables, click here. However, now Edward Smith has publicly admitted that he has made love to over 1000 cars, including his current serious relationship with ,a white Volkswagen Beetle named Vanilla...


Don?t Ask, Don?t Tell . . . But Do Explain: Court Reinstates Lawsuit by Lesbian Dismissed by Military

Posted on May 22, 2008
The Ninth Circuit has handed down an important decision on gay rights and the military. The three-judge panel did not strike down the “don’t ask, don’t tell” policy but it did reinstate the lawsuit of Major Margaret Witt, a decorated Air Force nurse...


House Judiciary Subpoenas Karl Rove

Posted on May 22, 2008
The House Judiciary Committee on Thursday served a subpoena on former top Bush aide Karl Rove in another showdown with the White House. He is being called to answer questions about the fire U.S. Attorneys and the politicization of the Justice Department...


Texas Court of Appeals Rules with Polygamous Parents in Texas

Posted on May 22, 2008
Polygamous parents in Texas won a major ruling today from the Texas appellate court in the opinion below. As we have discussed on this blog, the trial court appears to have ruled down the line with the Texas government — requiring little in terms of individual suspicion against these parents...


15 Women Burned Alive in Kenya as Witches

Posted on May 22, 2008
A mob has burned alive 15 women who they accused of being witches in Kenya. In the meantime, Tanzania has had to enact special protections for albinos who are being mutilated and killed by witch doctors for good luck. The Kenyan government is pursuing the culprits in the killing of the fifteen women...


Video: 12-Year-Old Beheads Victim as Al Qaeda Members Cheer

Posted on May 21, 2008
In a glimpse into the insanity and inhumanity that fuels Al Qaeda, Pakistani police have found this video of a 12-year-old boy who cuts off the head of a victim and holds the severed head up as the adults scream “Allah o Akbar” joyfully at the scene...


Your Candy or Your Life: Mother Arrested After Robbing Candy Store With Baby in Tow

Posted on May 21, 2008
It was not enough that Christine Ruther, 19, broke into a candy store. It wasn’t even the fact that she removed her baby from the stroller to fill it with hot candy. It was the fact that the police were able to follow the candy wrappers to arrest her and her confectionery criminal friends [...


Backyard or Prison Yard: Canton Officials Want to Send Lawn Scofflaws to Jail

Posted on May 21, 2008
This blog has been following (and criticizing) the increasing criminalization of America as politicians make every infraction a crime. The Canton City Council is now joining this trend with a reckless abandon: threatening to jail citizens who do not cut their grass...


Sticker Shot: Car Dealer Offers Free Gun With Every Car

Posted on May 21, 2008
Walter Moore of Max Motors in Butler, Missouri recently had a brainstorm. What is the other thing beside a car that everyone should have. The answer is obvious: a semi-automatic handgun. Putting the lead back into American cars . . . Moore is also offering free gas, but the firearms [...


Woman Executed In Basra for Living Without Husband

Posted on May 21, 2008
A CNN report out of Basra gives a dark insight into the work and values of the religious groups in the city. After the pullout by the British, groups meted out their own justice according to their own perverse understanding of Islam. Rape of women and killings were common...


Are You In or Are You Out? Judge Summa Resigns and Then Un-Resigns After Drunk Driving Arrest

Posted on May 21, 2008
Judge Robert Somma of the United States Bankruptcy Court has everyone debating whether he is a judge or not. Somma first resigned after being caught drunk driving while wearing a dress and make up. He then tried to unresign and now it is not clear and a few litigants and their lawyers would like [...


Maryland Supreme Court Rules Against Parental Rights of Lesbian

Posted on May 20, 2008
The Maryland Supreme Court has handed down a stinging blow for gay and lesbian couples: ruling against parental visitation rights for a lesbian partner. The issue is what the court of appeals called “de facto parenthood,” which it rejected in the case of Janice M...


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