News & Media
Peremptory challenges to judges?
Windypundit makes a good case for this idea. See Striking Judges – Another Radical Idea for Criminal Justice Reform.
AK47 Comes Back Swinging
AutoAdmit pseudonymous defendant “AK47” has made a few errors in judgment. First his statements on the AutoAdmit board. Bad judgment? Yes. Legally actionable? Probably not. But, that didn’t stop anyone from including him as a defendant. Next error in judgment – this pro se motion to quash. Back on February 28, I wrote: My prediction — had Mr. AK47 written his motion a little more skillfully, he might have had a great chance. Unfortunately for him, the motion is so poorly drafted that it will take some charity on the Court’s part for it to fly. I hope that for
Happy Mother's Day
This is not original content… and I don’t know who originally wrote it. But, it seemed appropriate for today. Posted in honor of Jennifer and Joanne Randazza — the two moms in my life. A baby asked God, ‘They tell me you are sending me to earth tomorrow, but how am I going to live there being so small and helpless?’ God said, ‘Your angel will be waiting for you and will take care of you.’ The child further inquired, ‘But tell me, here in heaven I don’t have to do anything but sing and smile to be happy.’ God
"Intentional Sex Torts" follow up
A few days ago, I wrote a post on “Intentional Sex Torts.” This created some high pitched shrieking that I hadn’t actually read the article. The article is here, and it is worse than I thought. However, I did find some good scholarship on this issue. Adult Impersonation: Rape by Fraud as a Defense to Statutory Rape. I don’t agree with this paper’s conclusions, but the analysis of “rape by fraud” is far more reasonable and well researched than the Intentional Sex Torts article.
Poop Happens!
I am so relieved that this did not happen in Florida… A Mahopac, N.Y., resident, took her 1 year old son to the aquarium in Norwalk, CT. He got out of the car and stepped in a pile of feces. Mom then filed a claim with the city for reimbursement for a new pair of shoes and reimbursement for the tickets to the aquarium. “After parking, we exited the garage and my 1-year-old son was walking around the structure outside the door of the garage and stepped in a large pile of fecal matter,” DeBrocky wrote. “I quickly picked him
AutoAdmit update – AK47 motion to quash argued – plaintiffs respond
Pseudonymous defendant, AK47, had his motion to quash heard on Monday, May 5. He was represented by court-appointed counsel. The fact that the court appointed counsel to represent AK47 in a civil case suggests that Judge Droney realizes the important First Amendment issue in this case, and he does not want to wind up being the judge in a “bad case” because the party was incapable of making his arguments pro se. Judge Droney did not rule on AK47’s motion yet. He did ask plaintiffs’ counsel to file a supplemental memorandum within one week on whether the court has subject
BJ's steps on worker's rights
I’m no fan of the Confederate flag. It started its life as the flag of slave-owning traitors and it now lives as a symbol that rests comfortably next to the nazi swastika. Nevertheless, the First Amendment is there to protect speech that we don’t like — not speech we like. I have to, therefore, side with Mr. Bobby Tillett. Tillett works at a BJ’s warehouse in Jacksonville, Florida and drives a camouflage pickup truck with a confederate flag flying over it. His employer told him that he had to get rid of it, or he couldn’t park in the company
Quote of the day
“Cautious, careful people always casting about to preserve their reputation or social standards never can bring about reform. Those who are really in earnest are willing to be anything or nothing in the world’s estimation, and publicly and privately, in season and out, avow their sympathies with despised ideas and their advocates, and bear the consequences.” — Susan B. Anthony
Ciolli on Libertarian Paternalism
Anthony Ciolli discusses “Libertarian Paternalism” at First Movers.
Man wakes up from coma… asks friend about the Constitution
From the headline, you would think that this was a snarky post about George W. Bush. No such luck. He is still in his coma. Norm Pattis brings us this post about his old friend, waking up from a coma after thirty years.
Mildred Loving leaves us
Margaret and Richard Loving, an interracial couple, married in Washington DC. It was perfectly legal to do so there. They moved to Virginia in 1958, where they were promptly arrested and prosecuted for “cohabiting as man and wife, against the peace and dignity of the Commonwealth.” (source) The couple’s plea bargain included agreeing to a sentence mandating, “both accused leave Caroline County and the state of Virginia at once, and do not return together or at the same time to said county and state for a period of 25 years.” (source) Loving’s sentencing judge Judge Leon M. Bazile, said that
Professor claims that Anti-Intellectualism violates her civil rights
Former Dartmouth professor Priya Venkatesan is threatening to sue her former students “because, she claims, their “anti-intellectualism” violated her civil rights.” She maintains that some of her students were so unreceptive of “French narrative theory” that it amounted to a hostile working environment. She is also readying lawsuits against her superiors, who she says papered over the harassment, as well as a confessional exposé, which she promises will “name names.” … Ms. Venkatesan lectured in freshman composition, intended to introduce undergraduates to the rigors of expository argument. “My students were very bully-ish, very aggressive, and very disrespectful,” she told Tyler
OT: Penguins
One of my favorite movies of all time is “Happy Feet.” It just cracks me up to the point of abdominal pain. But, after these recent BBC articles, I may not be able to see the film in the same light ever again. Penguin prostitutes, from the BBC. Fur seal tries to rape penguin, also from the BBC. What is it with the BBC and salacious penguin stories?
And I thought that "Milfs" were a good thing
Nobody’s Business brings us a report on this skirmish in the culture wars. [Concerned mom Marci] Milfs doesn’t believe the books [that she was horrified to find at Urban Outfitters] should be seen by children. “It’s not freedom of speech,” she said. “It’s selling adult books to teenagers.” (source) Read Rogier’s take on this story.
Your papers please
The ferry from San Juan Island, Washington to Anacortes, Washington, never leaves U.S. waters. However, the Border Patrol has begun screening passengers disembarking in Anacortes to make sure that no dirty illegal immigrants are on board. I say “dirty” because according to this report, the Border Patrol agents can apparently tell an illegal immigrant from an American just by looking at him or her. Well, unless she is French. They look like “us.” Citizenship Checks on Wash. Ferries Stir Controversy from NPR. Anacortes, Washington was the home port of the f/v Kimberly Ann — the salmon fishing boat I worked
Yankees Suck!
Report: Sox-Yanks rivalry led to murder. Police say Nashua woman ran over man in pub’s parking lot (story here) HT: Volokh
New York steps up to the plate – passes "Libel Terrorism Protection Act"
I never thought I would say this, but the “war on terror” has given us a little bit of additional First Amendment protection. Say what? It all started back when American author Rachel Ehrenfeld wrote a book, “Funding Evil: How Terrorism is Funded and How to Stop It,” and published it in New York. A Saudi Khalid Bin Mahfouz did not appreciate how he was portrayed in the book — as a major financier of terrorism. He filed suit in the U.K., and based on the sale of 23 copies sold in England, the U.K. court exercised jurisdiction over Ehrenfeld.
Palfrey Suicide – Katz has the Words
I’ve been looking for the words to discuss the Deborah Jean Palfrey suicide. I really haven’t been able to put my thoughts together about it. I sure hope that the prosecutors who were so hell bent on bringing her to “justice” never have a good night’s sleep again. A reporter approached Jon Katz about this, and this blog post discusses his thoughts on the matter.
"Intentional sex torts"
An interesting post popped up today at Feminist Law Profs. See Intentional sex torts. In that post, Prof. Deana Pollard Sacks discusses the “fraudulent inducement of sex” issue. (Discussed here in Pickup Line Quagmire in Massachusetts, March 10, 2008). Prof. Sacks argues “it is particularly important to protect women’s rights to protect their own bodies, not just against physical violence, but against fraudulent inducement of sexual decisions and all of the dangerous consequences that can result from a lack of truly informed consent to sexual relations. (source)” She then directs the reader to her forthcoming article on the subject. (abstract)
OT: Greatest show of sportsmanship ever
Wow. These women are my new sports heroes. PORTLAND, Ore. (AP) – With two runners on base and a strike against her, Sara Tucholsky of Western Oregon University uncorked her best swing and did something she had never done, in high school or college. Her first home run cleared the center-field fence. But it appeared to be the shortest of dreams come true when she missed first base, started back to tag it and collapsed with a knee injury. She crawled back to first but could do no more. The first-base coach said she would be called out if her