Legal Commentary

Lawyer Faces Charges After Revealing Confidential Statement of Late Client to Exonerate Inmate

Posted on April 14, 2008
In North Carolina, the bar is faced with a difficult question over the limits of confidentiality in a case of Staples Hughes. Hughes revealed a confidential statement made by his late client, who allegedly exonerated his co-defendant, Lee Wayne Hunt in a double murder case...

Petrificus Totalus: Rowling Goes to Court to Stop Harry Potter Encylcopedia

Posted on April 14, 2008
An interesting case is being heard in New York over the scope of protections afforded authors in the use of their work. Harry Potter author J.K. Rowling has sued Steven Vander Ark and RDR Books, the publisher of the Harry Potter encyclopedia for copyright infringement...

Brilliant Demonstration of Deterrence Theory

Posted on April 14, 2008
A store has demonstrated a concept that I try to teach in class. A rational actor in deciding whether to commit a crime will consider the rate of detection and the size of the penalty. As detection falls, penalties can be increased to preserve an ideal level of deterrence...

Tort Reform and Legal Mythologies: Re-Examining Limits on Tort Actions and Damage Awards

Posted on April 14, 2008
In light of today’s story on the debate over the Virginia damage caps on tort lawsuits against the state, this prior column may be of some interest. Turning Patients Into Hostages; Doctors and their insurers are using medical extortion to boost profits...

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Virginia Considers Raising the Caps on Lawsuits After Virginia Tech Settlement

Posted on April 14, 2008
As discussed on this blog, Virginia’s $100,000 limit on tort claims against the state was one of the central reasons why families agreed to a settlement with Virginia at a relatively low figure. Now, finally, someone is seeking to change the cap which has not be raised in over a decade...

Legal Redundancies: Fake ?Hillbilly Teeth? Recalled as Defective

Posted on April 14, 2008
It is a sad day when one cannot even buy fake “Hillbilly” teeth without finding that they are not in the best condition. The U.S. Consumer Product Safety Commission has announced a recall of over 20,000 fake “Hillbilly” teeth due to the presence of lead...

Good Hill Hunting: Church Going and Duck Shooting Become Central Issues in Presidential Campaign

Posted on April 14, 2008
Hillary Clinton appears to be reaping the fruits of a faith-based, hunter-friendly campaign. In the past, Clinton has campaigned hard on her faith in seeking support of religious voters. She has also insisted recently that she is a long-time supporter of hunting and even shot a duck...

Great America Faces Possible Lawsuit Over Drowning under the ?10/20? Rule

Posted on April 13, 2008
Great America has been criticized in a state agency for violating the “10/20 Rule”: after allowing 4-year-old Carlos Flores to float on the surface of the Great Barrier Reef Wave Pool for 39 seconds. With the approaching summer, such negligent rescue cases arise with disturbing regularity...

School Challenged for Barring Service Dog for Autistic Child

Posted on April 13, 2008
The North Franklin Township of Pennsylvania is under challenge for denying 7-year-old Bradley Dallatore?s use of his service dog, Jiffy. It is a case that pits the needs of the child against the school’s claim of the need to protect other children...

You Have a Right to Remain Single: Police Bachelor Party Under Investigation

Posted on April 13, 2008
It seems that police In Camden, Maine have a slightly different idea of a bachelor party, including shooting the groom with a taser and then having him handcuffed, hog-tied, oiled and feathered — and paraded around town on the back of a truck. The video below is now being treated as evidence of [...

Firms Say No to Bush Yes Man: Alberto Gonzales Having Difficulty Finding Full-Time Job

Posted on April 13, 2008
According to the New York Times, former attorney general Alberto Gonzales can’ find a job after been rebuffed by law firms who are not eager to add a name now synonymous with incompetence and blind partisanship - not to mention torture. Still, these would be some interesting “ding letters”: “Dear General Gonzales, our lawyers [...

Kidside View of Court: Its All About The Chairs!

Posted on April 12, 2008
As previously discussed, my students and I hosted three classes of elementary students in groups of 150-160 kids at the law school. These second, third, and sixth graders from Kent Gardens Elementary School in McLean, Virginia were hilarious. They sat through a trial of the three little pigs and a class on forensics [...

Video: Detroit?s Political Crisis Continues with Open Fight in the City Council

Posted on April 12, 2008
Detroit is embroiled in a new political controversy in a rather spectacular confrontation between President Pro Tem Monica Conyers and President Kenneth Cockrel in the city council. As previously discussed here. Monica Conyers, wife of U.S. Rep. (and House Judiciary Chairman) John Conyers, has been accused of assault in Detroit...

Fifth Circuit Returns Man to Death Row Despite Biased Trial Judge

Posted on April 12, 2008
For many, State District Judge Bill Harmon made a mockery of the murder trial of Carl Wayne Buntion, who was convicted of killed a motorcycle officer. Harmon was disciplined for his conduct in the trial and found to have a “deep-seated and vocal bias” against Buntion...

Leading Rabbi Accused of Suggesting that All Palestinians Should Be Killed

Posted on April 12, 2008
There is a growing controversy involving an alleged statement by Rabbi Yisrael Rosen, director of the Tsomet Institute in Israel. According to various sites, Rosen stated “All of the Palestinians must be killed; men, women, infants, and even their beasts...

Bear Necessities

Posted on April 11, 2008
Given our collection of Lions and Tigers, it was inevitable that we would add a bear “oh no,” as the song goes. This video of a bear using a tree to scratch in the woods is priceless. This video was taken by a hidden camera in a bear study...

Prison Passover Lawsuit: Jewish Inmate Claims Retaliation for Demanding Equal Treatment

Posted on April 11, 2008
An interesting lawsuit has been filed in Connecticut at a federal prison for women in Denbury. Prison officials suddenly reduced the number of items that Jewish prisoners can purchase for Passover, which inmate Agnes Kole says was in direct retaliation of her successful challenge to an earlier discriminatory action taken by the prison...

Teenagers In YouTube Attack to be Charged as Adults

Posted on April 11, 2008
The seven Florida teens who filmed a brutal attack on Victoria Lindsay, 16, for the YouTube video shown below will be charged as adults and could see some serious jail time. Mercades Nichols, 17, Brittini Hardcastle, 17, and Britney Mayes, 17, will face charges of felonious battery, false imprisonment and kidnapping in connection with [...

Dr. Sami Al-Arian Transferred to ICE Custody

Posted on April 11, 2008
This afternoon, my client Dr. Sami Al-Arian was transferred from the custody of the United States Marshal Service to that of Immigration and Customs Enforcement. His sentence under the original plea agreement expired on April 6, 2008 and, under the original agreement, he should have been deported...

Bibleman: The Christian Answer to the Hamas Killer Mickey?

Posted on April 11, 2008
I am still hoping that this is a joke. However, according to Gawker and other sites, the Trinity Broadcasting Network is airing a series called Bibleman for children. In the video below, Bibleman appears to fight New Yorkers in a talk show setting. Unlike Hamas, Bibleman does not espouse violence and hatred like Hamas’ many [...

Proving Forfeiture is an Ass - et: Feds Seize Couples $400,000 Lifetime Savings After Small Amount of Pot Found

Posted on April 11, 2008
In light of the recent hearing on mandatory asset freezing and restitution, Congress should look at the on-going controversy over an asset forfeiture in Lima Ohio. Luther and Meredith Ricks were victims of a break-in at their home by two burglars. Luther was able to kill one of the men and called police...

A Realy Mad Tea Party: Disney Line Rage Case Goes on Trial

Posted on April 10, 2008
I suppose one could expect this kind of conduct at a ride called the Mad Tea Party, but Gloria Walker, 52, is accused of “line rage” in Orlando Florida. Her trial has featured various witness, including a 10-year-old girl, who testified that she attacked Aimee Krause while waiting for her turn to ride at [...

The Perils of the Press

Posted on April 10, 2008
In light of the prior entries on the perils faced by the Fourth Estate, the video below captures how unpredictable live reporting can be. For a collection of such videos, click here. For the prior entries, click here

Florida Supreme Court Reviews Judicial Misconduct Case Against Judge Allen

Posted on April 10, 2008
In an interesting twist in the judicial misconduct case against Florida First District Court of Appeal Judge Michael Allen, the Florida Supreme Court issued an order asking the Judicial Qualifications Commission to explain why it filed an ethics complaint against Allen, signaling a possible move toward dismissal in the controversy over his attacking a fellow [...

Revelations 13: Is Disney the Kingdom of the Biblical Beast?

Posted on April 10, 2008
In light of today’s Disney case, this past column exploring the question of the possible biblical role of Disney may be of interest. Taking a Ride on Disney’s Dark Side Here’s a question: Is Walt Disney Co. a marvelous Southern California economic engine or … the Spawn of Satan? I spent a week in August grappling [...

Gay Burgers: McDonalds Attacked for Undermining the Republic With Ties to the Gay Business Community

Posted on April 10, 2008
Rick and Nancy Pearcey are well-known leaders of the religious right and advocates of the intelligent design movement. Rick’s latest effort are directed at Ronald McDonald. He has declared war on the company for ties to the gay community — a move that he predicts will undermine the very foundations of this Republic...

Free Speech: Constitutional Crisis in Carpentersville

Posted on April 09, 2008
If you find yourself in Carpentersville, Illinois, be careful what you say. Town Trustee and Obama delegate, Linda Ramirez-Sliwinski, has been issued a citation for referring to kids in her tree as “monkeys” — a comment found offensive by the African-American family...

Mosque Field Trip for Children Turns Ugly

Posted on April 09, 2008
A primary school in Amsterdam had a great idea for its kids aged 7-10 — to expose them to other cultures and religions, including a visit to a Mosque. What they learned, however, at the El Mouchidine mosque was a lesson in hate from its unhinged chairman, Mohamed Guennoun, who allegedly explained to the [...

The Hamster Did It: PetSmart Sued Over Diseased Hamster in Wrongful Death Action

Posted on April 09, 2008
Massachusetts widow, Nancy Magee, is suing PetSmart in an extremely novel tort case, claiming that the original owner contracted lymphocytic choriomeningitis (LCMV) from the hamster and then passed it along when her organs were transplanted in Thomas J...

Presidential Pronouns: Is Hillary Barred From Taking Office as a Female?

Posted on April 09, 2008
It is the rage on the blogs: the argument that the Constitution only refers to “he” and “his” and thus does not provide for a female president — absent an amendment changing the masculine pronouns. Douglas Wallace, 80, has taken this parlor trivia to a new level by filing to block Hillary Clinton from [...

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