Legal Commentary

Burris Goes to Court to Force Certification of Appointment to Senate

Posted on January 01, 2009
Roland Burris has filed to ask a court to compel Illinois Secretary of State Jesse White to certify his appointment by Illinois Gov. Rod Blagojevich to the United States Senate. White has refused to sign off on the appointment and the Senate democrats appear to be moving to block Burris...

Not So Brighton: Ambulance Crew Recorded as They Debate Whether Disabled Man Was ?Worth Saving?

Posted on January 01, 2009
There is a shocking tape being reviewed in Brighton, England where two ambulance workers are overheard debating whether Barry Baker, 59, was “worth saving.” The disabled man had collapses in his home and later died. Baker had called 999 and was kept on the line as the ambulance rushed to his house after he complained [...

Man Found Guilty in Videotaping of Girlfriend

Posted on January 01, 2009
Mark Jahnke, a former Waunakee High School chemistry teacher, has been found guilty of an interesting offense: videotaping his girlfriend. Jahnke argued that his girlfriend had no expectation of privacy since she consensually exposed herself to him. Two judges disagreed on the Wisconsin appellate court...

Putting Down Stakes: Catholic High School Fires Teacher for Marrying Divorced Man

Posted on January 01, 2009
Marquis LaFortune, 25, has filed a complaint with the U.S. Equal Employment Opportunity Commission after she was fired as a teacher with the Central Catholic High School in San Antonio for marrying Benjamin Stakes — a divorced man. The Catholic church forbids such marriages and had warned her that she would have to chose [...

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You Are What You Wear: Missouri Police Arrest Man for Wearing Police Tee Shirt in Bar

Posted on January 01, 2009
Adam C. Weinstein, a firefighter, may want to go with a a simple NYFD tee shirt next time. Weinstein was outside a bar in 2006 when he felt hot, so he took off his sweater. Underneath was a tee shirt with “POLICE” on the back. A Belleville, Missouri Police officer Jeff [...

2008 Extended By One Second: Where is the Outrage?

Posted on December 31, 2008
Now, it is not because New Year’s Eve is my anniversary, but I am deeply aggrieved that 2008 has been extended by one second. This “leap second” was added by the ultimate big brother agency, the United States Naval Observatory under the dubious claim that it had to match the time to the Earth’s [...

Iseman Cometh: Lobbyist Sues New York Times Over Story on Alleged Affair with John McCain

Posted on December 31, 2008
Now this is a defamation lawsuit that will be fascinating to watch unfold in Richmond, Virginia. Vicki L. Iseman, a Washington lobbyist alleged to have had an affair with Sen. John McCain in 1999, has sued the New York Times for $27 million. The newspaper stands by the story and this could [...

Et tu, Brute? Phoenix Police Officer Accused of Preventing Rescue of Cat for Nine Days

Posted on December 31, 2008
Animal advocates are outraged over the alleged refusal of a Phoenix, Arizona police officer to allow a cat named Brutis from being rescued from a tree for nine days. The cat became stuck in the tree on Christmas Day. The officer was reportedly worried about liability and witnesses claim that they flashed his [...

Church Throws Out Homeless After They Failed to Listen to Sermon and Pray Before Christmas Dinner

Posted on December 31, 2008
First Reformed Church of Hackensack, N.J., does not like homeless people who put food before faith. The Church reportedly shutdown the FAITH Foundation homeless shelter after the director, Robin Reilly, allowed homeless people on Christmas Day to eat before the families were required to listen to a sermon and prayer...

Israeli Navy Rams Relief Boat Carrying Medical Supplies and Volunteers to Gaza

Posted on December 31, 2008
Israel attacked a humanitarian boat carrying medical supplies and staff to Gaza. CNN correspondent Karl Penhaul was aboard the 60-foot pleasure boat Dignity when the patrol boat rammed the vessel, causing extensive damage. The Dignity was flying the flag of Gibraltar and carrying crew and 16 passengers, including physicians from Britain, Germany and [...

Balgojevich Makes Senate Pick, But Will Burris Take the Oath?

Posted on December 30, 2008
Illinois Gov. Rod Blagojevich has defied his critics and selected Roland Burris to replace Barack Obama. There is now speculation that the Secretary of State will not certify the appointment or that the Senate will use its inherent powers to block Burris...

Not Kosher: Hot Dog Company Owner Arnie Zaler Flees to Israel to Avoid 30 Counts of Fraud in Denver

Posted on December 30, 2008
Kosher hot dog maker Arnie Zaler may have pulled off his greatest scam. Facing 30 counts of bank and wire fraud in Denver, Zaler promised not to leave Denver if he was released on an unsecured bond. He handed over his Israeli passport and then a few days later fled to Israel on [...

Indignation Comes Standard: Chrysler Thanks Public with Public-Subsidized Thank You Campaign

Posted on December 30, 2008
Chrysler also always boasted the “inspiration comes standard” but but what about the indignation? For many voters, the billions of dollars given to the auto industry is the latest outrage from Washington, which seems intent on bailing out every failed company and bad mortgage...

Killing Quinn: Disgruntled Gold Course Employee Shoots Pet in Protest

Posted on December 30, 2008
A border collie names Quinn was the pride and joy of the Turlock Golf and Country Club in Turlock, California. He was the perfect vehicle, therefore, in the twisted mind of Franco Garcia Aguilar, 21, to express his anger at being laid off as part of the maintenance crew...

Who Will Rid Me of This Meddlesome Protester? Maine Bishop Bans Advocate for Abuse Victim From Services

Posted on December 30, 2008
Portland Bishop Richard Malone has issued a rare order banning an advocate for people abused by priests from his services and threatening to issue a rare Interdict — banning Paul Kendrick from the right of communion. The Maine diocese recently released the names of eleven priests in the state with credible allegations of [...

Splitsville in Shanksville: Will President Bush Seize Pennsylvania Property for 9-11 Memorial?

Posted on December 29, 2008
There is an interesting fight brewing over the planned memorial to Flight 93 in Shanksville, Pennsylvania. The owner of the land, Svonavec Inc., refuses to sell a critical part of the needed land and the relatives want President Bush to seize the property to allow them to start construction of the memorial so [...

Facing the Music: Man Tasered Twice After Failing to Turn Down Music on Christmas Morning

Posted on December 29, 2008
A Syracuse man was tasered twice after he failed to turn down his music Christmas morning. Michael Prince, 23, was told at 2 am to turn down the music and was being given a ticket when police say that he tried to run away. Of course, running away from one’s own apartment while [...

?Tough-On-Crime? Legislator Pleads Guilty to

Posted on December 29, 2008
Former GOP state Assemblyman George C. ”Chris” Ortloff pleaded guilty in federal court this week to a felony charge stemming from his attempt to have sex with two sisters, ages 11 and 12. A former member of the state Parole Board, Ortloff, 61, now faces a minimum 10-year prison sentence and a maximum of [...

Maryland Police Officer Kidnaps Man and Takes Him on High Speed Chase ? With His Colleagues Chasing Him

Posted on December 29, 2008
Maryland State Police Officer Bruce Wrzosek, 22, has been far from a model officer. Earlier this year, he was suspended for misconduct. However, after returning to work, Wrzosek went a bit too far: driving his marked squad car while drunk, kidnapping a man from a Taco Bell restaurant, and then taking his [...

Putting the Christ Back Into Christmas: Ohio Mayor Causes Outcry Over Sectarian Sign

Posted on December 29, 2008
Mayor Karl Zuber of Avon Lake, Ohio appears not to have gotten the memo on the separation of church and state a bit late. Zuber had a sign put up in front of the city hall reading “Remember Christ is in Christmas.” He then received a series of calls from the city attorney, [...

Pennsylvania Family Finds Man Living in Their Attic

Posted on December 29, 2008
Police in Wilkes-Barre, Pennsylvania have a unique case of criminal trespass. Stanley Carter, 21, was arrested after leaving in the attic of the Ferrance family — helping himself to their food, clothes and property. Carter has been charged with several counts of burglary, theft, receiving stolen property and criminal trespass...

Toys for Cops: D.C. Police Officers Allegedly Caught on Tape Stealing From Toys for Tots

Posted on December 28, 2008
Four District of Columbia police officers have been put on desk duty after they were reportedly caught on a video tape, shown below, stealing from Toys for Tots. This appears to be a trend this month with police accused of stealing laptops and XBox from cars along the roads...

Federal Court in Louisiana Rules In Favor of Gay Adoptive Fathers

Posted on December 28, 2008
In New Orleans, a gay couple from California has won an important victory after U.S. District Judge Jay Zainey ruled that their adopted son’s Louisiana birth certificate must bear both of their names as the adoptive fathers. Oren Adar and Mickey Ray Smith of San Diego will be jointly listed under a full faith [...

The Curious Case of James Cialella, Jr.: Philadelphia Man Shoots Father in Front of Family for Talking in a Movie

Posted on December 28, 2008
A father and son were talking during the playing of the movie The Curious Case of Benjamin Button when James Joseph Cialella Jr., 29, became angry. Many people might sympathize with the complaint but Cailella threw popcorn at the boy and when the father objected he shot the father with a ...

States and Cities Selling Off Airports, Parks, and Zoos to Make Budgets

Posted on December 28, 2008
As the United States continues to spend $1 billion a day in Iraq and Afghanistan, cities are selling off roads, bridges, zoos, and everything short of citizens to pay for their budgets. There are 44 states in dire financial shape — yet we continue to pour money into the occupation of Iraq where journalists [...

A Happy Deer

Posted on December 28, 2008
After the anti-bovidae prejudice that I encountered for my happy goat, I give you a happy deer in the spirit of the season. I am hoping that the addition of the deer will encourage greater civility and fewer personal attacks on this site. I have a long line of happy animals to compel such anthropomorphic [...

Sequestered Sex: Convicted Murderer Demands New Trial After Disclosure of Sex Among Jurors and Deputies During Trial

Posted on December 27, 2008
There is an interesting question raised in St. Louis in a capital murder case: is a defendant denied a fair jury and trial if two jurors has sex while sequestered as well as two sheriff’s deputies. Roberto Dunn, now 34, who was convicted in 2000 of killing his girlfriend’s mother and found out [...

Self-Fulfilling Legal Prophesies: Bush Defenders Attempt to Use Entrapment by Estoppel To Fend Off Criminal Prosecution

Posted on December 27, 2008
My recent interview on Legal Times on prosecuting Bush Administration officials for crimes committed in the torture program and unlawful surveillance program has attracted the ire of some conservative law faculty. My colleague Orin Kerr has raised this question on the conservative legal website Volokh Conspiracy...

The Turley Blog Leads in Vote on Best Law Professor and Legal Theory Blogs

Posted on December 27, 2008
The voting continues on the top blogs. The Turley blog was selected as one of the 100 top legal blogs by the good people at the ABA Journal. It currently holds the number one spot for law professor and legal theory blogs. The tally shows the Turley blog with 387 votes with [...

?Smile: You?re Under Arrest: Arpaio Goes Hollywood

Posted on December 27, 2008
The highly controversial sheriff from Maricopa, Arizona, Joe Arpaio may be facing serious charges of civil rights abuses and discrimination, but Hollywood considers him such a laugh that they are giving him his own reality show. He intends to use suspects as props for scenes written by comedy writers and staffed by actors...

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