Legal Commentary

Taser Use Drops After Ottawa Introduces ?Responsibility Pay?

Posted on February 26, 2008
An interesting story on tasers has come out of Canada. In Ottawa, the police department instituted special “responsibility pay” if they regularly took a course on the proper use of force. The result appears to be a sharp drop in the use of force and tasers...

Mistakes on the Plane: American Airlines Faces Likely Lawsuit Over Refusal to Give Dying Woman Oxygen and Then Using Empty Tanks

Posted on February 25, 2008
American Airlines is looking as a likely lawsuit after a series of mishaps and mistakes on a flight from Haiti to New York. After refusing repeated requests for oxygen from a sick woman, Carine Desir, the airline crew then used faulty equipment and empty oxygen tanks to treat her...

Administration Backs Off Claim of Imminent National Security Threat in Bid to Get Immunity for Telecom Companies

Posted on February 25, 2008
After proclaiming that the nation’s security was in imminent danger due to the refusal to give telecommunication companies immunity, the Bush Administration has backed off the claim and now says that there has been no interruption in intelligence...

Video: Elmo Threatens to Kill Toddler

Posted on February 25, 2008
It appears that Elmo is past tickling and moving on to busting a cap in the head of toddlers who mess with him. A family has an interesting complaint against Fisher-Price: Elmo says he want to kill their son, James — as clearly shown on this video...

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Wife Pleads Guilty in Case of Assault by Wasp Case

Posted on February 24, 2008
Angela Nellany has pleaded no contest to assault with a deadly weapon in California . The alleged weapon: a can of wasps. Despite the testimony of a man who alleged that Nellany tried to hire her to kill her estranged husband, Paul Nellany, and testimony on the attempt to use a can of [...

Environmental Group Films Outrages in Chinese Zoos

Posted on February 24, 2008
An environmental group called OneVoice has started an international campaign to highlight the horrible treatment of animals in Chinese zoos that range from using tortoises for target practice with coins to forcing bears to don boxing gloves and to punch each other...

Federal Law Compels States to Register Minors on Sex Offender Registry

Posted on February 24, 2008
The fact that Jamie Lee Spears became pregnant as a minor is generally treated as an entertainment story rather than a case of child molestation for her adult boyfriend. However, even minors are now being subject to registration as sexual predators for fondling and other sexual acts with other minors under a federal law [...

Cover-up Exposed: Court Rules that First Amendment Protects Artist?s Depiction of Seminude Eve

Posted on February 24, 2008
Michigan artist Edward Stross thought that he was painting a classic when he used exteriro wall of his studio as the backdrop for Michelangelo’s “Creation of Man.” The problem was not Adam, but (once again) Eve — or at least her exposed breast...

The Dilbert Doctrine: Employer Wrongly Fired Employee for Posting Cartoon

Posted on February 23, 2008
Cartoon do not usually make for legal doctrine, but then again most employers can recognize a joke. The managers of Catfish Bend Casino, however, seemed to lack an sense of humor or sense of perspective. They fired Dave Steward, a former security supervisor, for simply posting a Dilbert cartoon — a termination found [...

Video Allegedly Show Police Planting Drugs on Suspect After Allowing Dog to Attack Him Without Cause

Posted on February 23, 2008
The police department in Cookeville, Tennessee, is facing a very serious charge in a lawsuit alleging that its officers first used a police dog to attack a suspect, Carlos Ferell, without cause and then plant drugs on him. The scene is captured on this video — as well as officers mocking Ferell once the [...

Jefferson Trial Suspended Pending Appeal

Posted on February 23, 2008
U.S. District Judge suspended the trial date for U.S. Rep. William Jefferson pending his appeal. Jefferson has filed a novel challenge over the use of privileged material in the grand jury that led to his indictment on corruption charges. Jefferson is claiming protections under the speech and debate clause, click here...

No Crime, Just Bad Counsel? Justice Department Conducts Internal Ethics Review on the Torture Memos

Posted on February 23, 2008
Despite confirmation of waterboarding by the Administration and the existence of a torture program, Attorney Michael Mukasey continues to refuse to acknowledge that waterboarding is a crime and has blocked any criminal investigation that would implicate the President in the commission of a war crime...

The Subintelligence Meets High Voltage: Wisconsin Father and Son Arrested After Police View YouTube Video of Them Stunning Each Other with Stolen Police Taser

Posted on February 22, 2008
It can be honestly said that the apple did not fall far from the tree in the case of father and son team Paul M. Crowell, 22, and his father, Paul J. Dupey, 41. Both demonstrated a room temperature IQ when they first stole allegedly stole a police taser gun and then took turns [...

Karl Rove Accused of Trying to Solicit Sexually Compromising Pictures of Democrat

Posted on February 22, 2008
Karl Rove has been accused by Republican operative in Alabama of asking her to procure sexually compromising pictures of Alabama’s Democratic governor Don Siegelman. Jill Simpson’s allegations are particularly interesting because Siegelman was eventually convicted for bribery in a case that has drawn considerable criticism that it was politically motivated...

Video of Bush?s African Dance Triggers Call for Ban on Presidential Dancing Outside of Controlled Formal Balls

Posted on February 22, 2008
Ok, I am the only one suggesting it. However, the video below should strongly support a ban on further impromptu presidential dancing. Bush took off in dance on his African visit as shown in this clip. It is not his first (and it seems his worst) such effort as shown here In fairness to Bush, [...

Beware of 11-Year-Olds with Cameras: Pictures Reportedly Contradict Testimony of Roger Clemens

Posted on February 22, 2008
An eleven-year-old boy may have just struck out pitching legend Roger Clemens. Photos have surfaced from a party given by Jose Canseco in 1998 — taken by one of the children. They purportedly show Clemens at the party, which Clemens vehemently denied in sworn testimony in hearings on the use of performance-enhancing drugs in [...

Arizona Rep. Rick Renzi Indicted for Fraud and Other Charges

Posted on February 22, 2008
GOP Rep. Rick Renzi (Ariz.) has been indicted on charges of fraud in questionable land deals as well as money laundering. The former member of the House Intelligence Committee faces a very stiff challenge given the specificity of this indictment. Renzi faces charges oof conspiracy, wire fraud, money laundering, concealment of money laundering, [...

Lions Gone Wild: Another Video of Big Cat Bonding with Humans

Posted on February 22, 2008
I know that I am a sucker for this stuff, but this video rivals the early bonding scene in Columbia. This could well become an alternative to When Animals Attack. I am not sure if When Lions Hug will hold as much of an audience, but I am sure there is some television producers [...

Arkansas Police Officer Allegedly Films His Use of a Stun Gun on Cow

Posted on February 22, 2008
Arkansas Lt. David Mitchell is accused of filmed himself using a stun gun on a cow as his colleague laugh at the abuse of the animal. He will not be criminally charged. Mitchell was so unconcerned about his depraved tastes in entertainment that he not only invited other officers to watch but allegedly distributed the [...

Columbia Professor in Noose Controversy Sanctioned for Plagiarism

Posted on February 22, 2008
Madonna Constantine, professor of psychology and education at Columbia’s Teachers College, has been sanctioned for plagiarism. Constantine was previously involved in a controversy over a noose found on her door. The faculty committee found two dozen cases of lifted language in papers by Constantine...

Disgraced San Antonio Lawyer Mary Roberts Avoids Jail in Sex-Blackmail Case

Posted on February 22, 2008
In a surprising decision, convicted attorney Mary S. Roberts received no jail time for her convictions of theft in a sordid sex/blackmail scheme with her husband, lawyer Ted H. Roberts. She received 10 years probation despite the fact that her husband received five years and she faced a maximum of 20 years in prison...

Rep. Jefferson Files Appeal to Challenge Counts in His Criminal Indictment

Posted on February 21, 2008
Rep. William Jefferson filed an appeal on Wednesday to the Fourth Circuit to challenge 14 of 16 charges against him. The appeal could delay the prosecution for months. Part of Jefferson’s claims focus on the use of privileged testimony by aides in the grand jury that was used as the basis for their indictments...

Duke Lacrosse Players Sue Duke University Over Rape Case

Posted on February 21, 2008
More than three dozen current and former lacrosse players at Duke have sued the University for its actions during the infamous rape case. They have grounds for the lawsuit after the University discarded every principle of legal process and fairness to join the mob against its own students...

Abused Girl Sues ABC for Over Filming of Her Beating by Step Father

Posted on February 21, 2008
A New York woman has filed in interesting torts case against ABC News over a “Primetime” segment called “Stepfamilies in Crisis.” On the 2006 segment , ABC showed Kyle Nelson, then 15, being held down and punched by her stepfather Joe Nelson...

Video: Lion Embraces Rescuer

Posted on February 21, 2008
I cannot find any reason to post this video of an African lion greeting his rescuer in Columbia. There is not a single legal, social, policy or political element. It is just pretty darn cute. Six years ago in Columbia, a woman reportedly found a lion, nursed it to health, and brought it to a [...

Open for Business: Roberts Court Delivers Another Victory for Business in a Major Torts Ruling

Posted on February 21, 2008
As the legacy of the Roberts Court has started to form over the last few years, one of its most pronounced trends has been a highly pro-business bent. This trend continues this term with a series of rulings, including a very significant ruling in favor of medical manufacturers on the question of federal preemption [...

Supreme Court Justices Rules Against Faux TV Judge: ?Judge Alex? Loses Contractual Case 8-1

Posted on February 20, 2008
A week after he was criticized by his state supreme court on a matter of judicial ethics, faux TV judge Alex Ferrer (aka “Judge Alex”) lost handily before real jurists on the Supreme Court. With a 8-1 ruling, Judge Alex can claim to have brought a rare degree of near unanimity on the divided [...

Sen. Stevens is Accused AGAIN of Earmarking Money in a Sweetheart Deal for Friends

Posted on February 20, 2008
Sen. Ted Stevens (R, Alaska) has long been criticized by good government advocates for his practice of earmarking money to help family and friends — not to mention his notorious fight to give hundreds of millions of dollars to build “the bridge to nowhere...

Maryland Police Officer Tasers High School Student After Allegedly Being Ordered Twice Not to Do So

Posted on February 20, 2008
Another taser abuse allegation has surfaced in an incident outside of a Maryland gym. A small altercation broke out after a basketball game — a not uncommon occurrence. Parents and officers were separating the youths when Deputy Anthony Lenzi allegedly shot Brandon Bennett in the chest –against direct orders by a superior...

Video: Police Officer Turns Off Video Before Woman is Found in a Pool of Blood

Posted on February 20, 2008
The use of videos to record custodial conditions and arrests has yielded some surprising evidence of abuse over the years. However, this video is perhaps more chilling for what was not filmed. Shreveport, LA Officer Wiley Willis is shown clearly getting angry with Angie Garbarino, who was arrested on suspicion of drunk driving...

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