Law Watch

Legal Matters

2010-03-01T10:58:00.002-06:00

If you are a new business will need to deal with legal matters and engage a solicitor at some point in the future of the life of your business. Legal matters can be the most daunting task for small business operators. You will have to learn how to avoid the risk of fines, prosecution, business disputes, being sued or worse by considering your legal obligations by taking early preventative measures.

Florida Man Charged with Stealing $130 Million CC numbers

2009-08-17T16:03:00.002-05:00

From the Associated Press:

WASHINGTON – Federal prosecutors on Monday charged a Miami man with the largest case of credit and debit card data theft ever in the United States, accusing the one-time government informant of trying to gain access to 130 million accounts.

Albert Gonzalez, 28, broke his own record for identity theft by hacking into retail networks, according to prosecutors, though they say his illicit computer exploits ended when he went to jail on charges stemming from a previous case.

Gonzalez is a former informant for the U.S. Secret Service who helped the agency hunt hackers, authorities say. The agency later found out that he had also been working with criminals and feeding them information on ongoing investigations, even warning off at least one individual, according to authorities.

Gonzalez, who is already in jail awaiting trial in a hacking case, was indicted Monday in New Jersey and charged with conspiring with two other unnamed suspects to steal the private information.

Sentencing Delayed for Chris Brown

2009-08-06T04:53:00.002-05:00

Citing a need for additional details from Virginia, Los Angeles County Superior Court Judge Patricia Schnegg has delayed the sentencing of Chris Brown for three weeks. The R&B singer pleaded guilty to felony assault and part of his sentencing is expected to include community service in his home state.

His next court appearance is set for August 27.

Chris Brown to be Sentenced

2009-08-05T12:07:00.002-05:00

R&B singer Chris Brown is set to be sentenced today for his savage beating of Rihanna last February. He pleaded guilty to felony assault and is expected to be sentenced to five years probation and six month of community labor.

Although the assault and trial took place in Los Angeles, he is expected to be allowed to serve his probation in his home state of Virginia. He will also have to go back to California every three months for domestic violence counseling.

From published reports:

Brown was arrested Feb. 8, hours after an early morning fight erupted between the singer and his then-girlfriend in a car in Los Angeles' Hancock Park neighborhood. A search warrant affidavit filed by police described the brutal attack, stating that Brown beat, choked and bit Rihanna and tried to push her out of the car.

The beating occurred hours before the pair were scheduled to appear at the Grammy Awards, and both have been forced to cancel several high-profile appearances since then.

Brown's career has suffered, with radio stations refusing to play his music and sponsors dropping him.

Tenenbaum to Pay $675,000

2009-08-03T13:59:00.002-05:00

A jury ruled that admitted illegal song sharer Joel Tenenbaum must pay the RIAA $675,000 for 30 songs he shared online. That come to $22,500 per song.

From published reports of the verdict:

That sounds steep but it actually compares favorably to the second verdict leveled against Jammie Thomas-Rasset, who was the first individual ever found guilty of copyright infringement over a peer-to-peer network. The original 2007 verdict against her (damages: $9,250 per song) was thrown out after a mistrial was declared, but in June a new jury found her even more guilty than before, with fines set at a whopping $80,000 per song. In comparison, Tenenbaum is getting off easy.

Tenenbaum Waits to Hear How Much

2009-07-31T13:43:00.002-05:00

After admitting liability on the stand, Joel Tenenbaum is now waiting to hear how much he will have to pay the music industry in his trial for illegally downloading and sharing songs.

The Boston Globe reports:

US District Court Judge Nancy Gertner ruled Thursday night that Tenenbaum, 25, admitted on the witness stand that he infringed on the copyrights of 30 songs that he downloaded and shared online.

As a result, she plans to direct the jury to only consider the amount of damages he should pay four record labels that sued him in federal court and whether his infringements were "willful," which could result in much higher damages.

Under federal law, the jury can award the labels $750 to $30,000 for each copyright infringement and as much as $150,000 for each willful infringement. That means that Tenenbaum could owe as much as $4.5 million.

Music Downloading Trial Begins

2009-07-27T13:59:00.002-05:00

Boston University student Joel Tenenbaum of Providence, R.I., is on trial in a Boston federal court accused of "downloading songs and making music files available for distribution on the Kazaa file-sharing network."

The Associated Press reports:

Tenenbaum's case is the second such case to go to trial.

Last month, a federal jury in Minneapolis ruled that a Minnesota woman must pay $1.92 million for willful infringement of the recording industry's copyrights by posting music on Kazaa.

The industry has threatened about 35,000 people with charges of copyright infringement over the past five years, typically offering to settle for $3,000 to $5,000.

Judge Threatened in Pharmacist Case

2009-06-02T10:55:00.002-05:00

The judge hearing the case of an Oklahoma City pharmacist charged with first degree murder after killing a would-be robber has received death threats in phone calls to her chambers.

Judge Tammy Bass-LeSure said the calls began shortly after she raised the bond on Jerome Ersland from $50,000 to $100,000.

"They were threats on my life," Bass-LeSure said. "There were a lot of racial epithets and just things of that nature."

Ersland was charged with murder after the investigation of the robbery showed he shot one of the would-be robbers, an unarmed 16 year old, chased the other two from his pharmacy, then returned inside and shot the bleeding suspect an additional five times.

In a nationally televised interview with Bill O'Reilly, Ersland said he was fearful for his life when he fired the additional shots.

He has turned all his weapons over to his attorney at the order of the judge.

Oregon Courts will be open on Fridays

2009-03-23T14:34:00.002-05:00

A budget impasse in the Oregon legislature prompted the Supreme Court Chief Justice to order all courts to close on Fridays, but the order only lasted one day as an agreement was reached on the budget.

However, all court staff must take five unpaid days off from now until June 30. This creates another issue in that with staff on furlough not all courtrooms can be used, so fewer cases will be heard.

Don Smith, Linn County's trial court administrator, said he expects employees to take their furloughs on Fridays or Mondays.

“If you have to take a day without pay, you want to at least get a three-day weekend out of it,” he said.

Virginia Faces Lawsuit Over Election

2008-10-28T09:56:00.002-05:00

The Washington Post is reporting that the Virginia NAACP is suing "Gov. Timothy M. Kaine (D) and Virginia's top election officials . . . accusing them of failing to provide enough resources to accommodate expected record turnout during next week's election."

The lawsuit claims that the state is violating the U.S. and Virginia constitutions by not allocating enough voting machines, poll workers and polling places -- particularly in precincts with high minority populations -- which could result in long lines and lost votes.
The Advancement Project, a national voter protection group, filed the lawsuit late Monday in U.S. District Court in Richmond on the NAACP's behalf. It asks the state to move voting machines to precincts most likely to have long waiting lines; keep polls open for an extra two hours; and use paper ballots in some cases.

The Commonwealth of Virginia is denying the allegations:

In a lengthy statement released late Monday night, the State Board of Elections maintained that all localities are complying with the minimum number of voting machines and voting booths in each precinct as required by state code. Since 2004, the number of voting machines, polling places and workers has increased, according to the statement. For example, the number of voting machines has increased from about 5,700 in 2004 to about 10,600 in 2008.

Court: Flagged Voters May Vote

2008-10-27T13:41:00.002-05:00

This just in from the Atlanta Journal-Constitution:

The state of Georgia must allow persons whose citizenship has been questioned in a new voter verification system the opportunity to cast a ballot in the Nov. 4 elections, a three-judge court ruled Monday.

The court also ordered Secretary of State Karen Handel to “make diligent and immediate efforts to notify, in a uniform manner, every person whose voter registration presently remains flagged.” Those voters must be told that they can vote by a “challenged ballot,” if necessary, and that there is a discrepancy in the voters’ registration information, the court said.

The ruling was issued by Judge Stanley Birch of the 11th U.S. Circuit Court of Appeals and U.S. District Court judges Jack Camp and Bill Duffey.

Congress Expands Protections for Disabled

2008-09-22T10:48:00.002-05:00

In an effort to undo recent Supreme Court decisions involving Americans with disabilities, Congress as approved legislation that expands protections for the disabled.

The New York Times reports:

The bill expands the definition of disability and makes it easier for workers to prove discrimination. It explicitly rejects the strict standards used by the Supreme Court to determine who is disabled.

The bill declares that the court went wrong by “eliminating protection for many individuals whom Congress intended to protect” under the 1990 law.

“The Supreme Court misconstrued our intent,” said Representative Steny H. Hoyer of Maryland, the House Democratic leader. “Our intent was to be inclusive.”

In an effort to clarify the intent of Congress, the bill says, “The definition of disability in this act shall be construed in favor of broad coverage.”

Representative F. James Sensenbrenner Jr. of Wisconsin, the principal Republican sponsor in the House, said, “Courts have focused too heavily on whether individuals are covered by the law, rather than on whether discrimination occurred.”

Palin Avoids Subpoena, For Now

2008-09-06T06:19:00.002-05:00

Alaska governor and Republican candidate for vice president Sarah Palin will not be subpoenaed by a bi-partisan legislative committee investigating the so-called Trooper-Gate Scandal - just yet that is.

The bipartisan committee overseeing the investigation announced today in a press release that they're moving up the date that they release the results of their investigation by three weeks, meaning it should come out in early October. The commitee, led by Sen. Hollis French, an Anchorage Democrat also announced that it would meet on September 12 to issue subpoenas in the case.
But according to the release, Palin herself will not be subpoenaed. The committee still holds out hope that she will talk to indepedendent investigator Steven Branchflower voluntarily.

The committee's decision was based on Palin's avowal that she will cooperate fully with the investigation.

French had initially indicated that subpoenas likely wouldn't be necessary, since Palin had pledged her full cooperation. But earlier this week, Palin's lawyer warned that unless the case were handed over to the state personnel board -- whose three members are appointed by the governor -- Palin would not be made available to testify. And according to the release: This week, seven key witnesses informed Mr. Branchflower through their attorneys that they would not provide depositions. Their depositions, which had been agreed to and scheduled earlier with Mr. Branchflower, were cancelled within the last 72 hours."

Sharpton Escapes IRS Criminal Probe

2008-07-23T09:48:00.002-05:00

By paying one million dollars toward back taxes, a criminal investigation against Rev. Al Sharpton has been dropped by the Internal Revenue Service. IRS officials have decided to proceed instead with civil proceedings.

The IRS and New York state and city tax agencies claim that Sharpton and his organization, the National Action Network, collectively owe millions of dollars in back taxes and penalties.

The exact amount Sharpton owes has not been revealed by either the government or Sharpton's lawyers, but there is evidence the debt is sizable.

The IRS obtained a $931,397 lien against Sharpton. City and state officials said he owned them another $933,577. Separately, the National Action Network said in its most recent tax filing that it owed at least $1.9 million in payroll taxes and related interest.

Sharpton, who was defiant when the probe became public in December, claiming it was part of a government smear campaign, sounded more contrite Tuesday.

He said both he and the civil rights group would clean up their books and complete a reorganization intended to ensure the group's long-term fiscal stability.

Study calls for repeal of 'don't ask, don't tell'

2008-07-08T08:51:00.002-05:00

From the Chicago Sun-Times, via the Associated Press:

WASHINGTON — Congress should repeal the ‘‘don’t ask, don’t tell’’ policy because the presence of gays in the military is unlikely to undermine the ability to fight and win, according to a new study released by a California-based research center.

Four retired military officers conducted the study, but it is not clear if any of them are gay. The AP didn't ask and the officers didn't tell.

Compromise Reached on Wiretap

2008-06-20T05:52:00.002-05:00

From The New York Times:

After months of wrangling, Democratic and Republican leaders in Congress struck a deal on Thursday to overhaul the rules on the government’s wiretapping powers and provide what amounts to legal immunity to the phone companies that took part in President Bush’s program of eavesdropping without warrants after the Sept. 11 attacks.

But is it really a compromise?

With AT&T and other telecommunications companies facing some 40 lawsuits over their reported participation in the wiretapping program, Republican leaders described this narrow court review on the immunity question as a mere “formality.”
“The lawsuits will be dismissed,” Representative Roy Blunt of Missouri, the No. 2 Republican in the House, predicted with confidence.
The proposal — particularly the immunity provision — represents a major victory for the White House after months of dispute.

Lawmakers Gone Wild

2008-05-20T10:50:00.002-05:00

After an arrest for DUI, revelation that he fathered a bastard child with a former Air Force officer, and public shame and humiliation, U.S. Rep. Vito Fossella, R-NY, has decided to not run for reelection, according to a report by the Associated Press published by Talking Points Memo.

What has not been reported is which family he plans to spend more time with.

Fossella, 43, has admitted to fathering a daughter with a Virginia woman.

The congressman's secret relationship with the woman, Laura Fay, was revealed after he was arrested for drunken driving May 1. Fossella was stopped after running a red light, and he told officers he was going to see his sick daughter, according to police.

Fossella is married with three children. The family lives on Staten Island.

He has served in Congress since 1997, representing Staten Island and part of Brooklyn. He is the only Republican member of Congress from New York City.

It was Fay who got him out of jail after the arrest. She is a former Air Force lieutenant colonel and worked for a time as a liaison to Congress.

After his arrest, police said Fossella's blood-alcohol level was twice the legal limit, and he could face a mandatory five days in jail if convicted. A court appearance on the drunken driving arrest is scheduled for next month.

Selected Legal Real Estate Events

2008-04-16T10:02:00.003-05:00

Here is a selection of real estate events across the country that focus on legal issues.

8th Annual Outlook for Texas Land Markets
April 24 - 25, 2008
Hyatt Regency Hotel, 123 Losoya, San Antonio, Texas
The this event will provide information on a variety of legal, economic, social and natural resource issues influencing current land market dynamics and other real estate issues. At the seminar’s conclusion, the TREC Ethics MCE course will be offered to real estate licensees. Continuing education credit for these events is pending from ASA, ASFMRA, BTPE, IPT, TALCB, and TDLR. Credit approved by TREC
Cost:
RLI Reception: $20
Seminar only: $200 or $220 after Mar 23
Seminar and ethics course: $220 or $245 after Mar 23
Seminar and RLI reception: $220 or $240 after Mar 23
Seminar, ethics and reception: $240 or $265 after Mar 23
Contact:
Denise Whisenant
Real Estate Center
2115 Texas A&M University
College Station, TX 77843-2115
Phone: 979-458-4773

22nd Annual Legal Seminar on Ad Valorem Taxation - 2008
August 27 - 29, 2008
Hyatt Regency
123 Losoya, San Antonio, Texas
The event provides a wealth of information on a variety of legal topics influencing ad valorem taxation and is presented in cooperation with the State Bar of Texas Property Tax Committee.
Contact:
Denise Whisenant
Real Estate Center
2115 Texas A&M University
College Station, TX 77843-2115
Phone: 979-458-4773

The John Marshall Law School
Continuing Legal Education Events organized by the Center for Real Estate Law

May 4, 2008
Ethics for the Lawyer Involved in Real Estate Transactions

Wendy Muchman is a senior counsel and group manager at the Illinois Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois where she investigates and prosecutes lawyer disciplinary cases, including those involving real estate transactions. She teaches legal ethics at Northwestern University School of Law as a member of its adjunct faculty.

Advancing Your Legal Career
Event Co-Sponsored by Career Services and The Center for Real Estate Law.

Relationships with Other Professionals Are Critical to Career Success

Hear a lively exchange between Attorney James Hochman (Coman & Anderson PC) and real estate professional James Kaplan (James Kaplan Companies, Inc) who had worked together on many events. They illustrate how critical a good working relationship between attorneys and other professionals can be to the success of the transaction. Learn how to achieve career success by recognizing the important roles that other professionals play in transactions. Real estate attorneys and professionals work in a small community. Good relationships make deals happen and advance careers.

Real Estate Mortgage Market Litigation

April 18, 2008

The Mortgage Meltdown is at the forefront of market troubles in the U.S. today. There will be a tremendous amount of subsequent litigation, including Borrowers suing Lenders, Investors Suing Lenders, and Lenders Suing Brokers and Appraisers. This will effect a lot of people!

If you are involved in the real estate industry, this event could not be a more timely program. Anyone involved in real estate development will need to know how to protect themselves and their clients moving forward.

The Red Lion Hotel on 5th
1415 5th Ave
Seattle, Washington 98101

Email Not Allowed as Evidence in Alaska Case Against Eli LIlly

2008-03-15T07:43:00.002-05:00

An email by an Eli Lilly official discussing off-label use of the drug Zyprexa will not be allowed as evidence in Alaska's suit against the pharmaceutical company, the judge in the case has ruled.

From The New York Times:

Judge Mark Rindner, said it could not be admitted into evidence in the trial because off-label use was not at issue in the case.

However, the email may be useful to federal prosecutors in Pennsylvania:

Its disclosure nonetheless comes at a sensitive moment for Lilly, which is also under federal criminal investigation for the way it promoted Zyprexa and played down the drug’s risks to doctors. Between 2000 and 2002, internal Lilly documents show that the company aggressively tried to expand Zyprexa’s sales into markets for which the drug was never approved, including elderly patients with dementia.
To settle that investigation, and related investigations by several states, Lilly is negotiating with federal prosecutors in Pennsylvania on a deal that could result in the company’s paying $1 billion to $2 billion in fines and restitution, according to people involved in the investigation. The prosecutors declined to comment on Friday.

$10,000 Per Bullet

2008-03-10T07:42:00.002-05:00

A man was awarded $1.3 million after a jury determined Los Angeles County Sheriff's deputies used excessive force when they fired 120 shots at him following a low-speed chase. Sixty-six shots hit the man's vehicle.

Winston Hayes, 46, suffered nine bullet wounds when deputies fired 120 shots at him at the end of a low-speed pursuit on May 9, 2005. More than half the bullets hit Hayes' vehicle.

"Justice was done," Hayes said after the verdict.

"We do hope this verdict acts as a catalyst for building relationships between the Sheriff's Department and the community it serves," said Brian Dunn, Hayes' attorney.

Lawyers for the county declined comment.

After 10 days of deliberations, the jury determined Friday that Los Angeles Sheriff's Department deputies Michael Haggerty and Vergilian Bolde used excessive force. Nine of the 12 jurors voted for the award, the minimum required in a civil case.

Deputies testified that they believed Hayes had attempted to run them down, and all said they only fired to save their own life or that of a fellow deputy. One deputy was caught in the crossfire but was only slightly wounded.

Thirteen deputies involved in the shooting received disciplinary actions ranging from written reprimands to 15-day suspensions.

California Same-Sex Marriage Fight Shifts to State Supreme Court

2008-03-09T09:54:00.001-05:00

SAN FRANCISCO -- The national gay marriage debate shifted to California on Tuesday, as the state's highest court heard more than 3-1/2 hours of arguments on the constitutionality of a voter-approved law banning same-sex marriage.

Gay rights advocates sued to overturn the ban four years ago after the court halted a months-long same-sex wedding spree that saw thousands of couples marry at San Francisco City Hall.

"I think I speak for everybody when I say that this has been a long time coming and a day that has been eagerly an ticipated," said City Attorney Dennis Herrera, who is representing the city in a lawsuit supporting gay marriage.

The court heard arguments in six cases that were filed after the court stopped the same-sex marriages in the winter of 2004. More than 4,000 couples exchanged vows at the direction of Mayor Gavin Newsom months before gay marriage became legal in Massachusetts, although the high court ultimately voided the unions.

The seven justices asked whether California already protects the civil rights of gay and lesbian couples through domestic partnerships. They also wanted to know if a ruling 60 years ago legalizing
interra cial marriages in the state gave them a precedent for striking down the same-sex marriage ban.

ESL and the Immigration Lawyer

2008-03-06T08:02:00.001-06:00

With the recent interest in the immigration issue in the United States, many law students are considering a career in Immigration Law.

Law schools, such as New York University, are compiling lists of immigration law resources to assist their students in this growing field. Job sites such as Monster.com and jobscareers24.com include immigration law jobs in the databases.

However, one area in which immigration lawyers need to be more proactive is assisting their clients with learning English as a second language, or ESL.

Fortunately, there is ESL software available to assist non-English speakers to learn to read and write the language correctly.

The software developed by experts is designed to supplement the ESL student's study and gives them the opportunity to learn correct English grammar as they complete their lessons. The software is web-based and is continually updated giving the student the most current information.

Also available are writing models, templates and related articles to assist the ESL student in completing a variety writing tasks that have immediate real-world application, such as letters of job application, business e-mails, college papers and more.

Immigration lawyers and their staff should check out available ESL software to assist their clients into easier transition into English-speaking society.

Just What is This Requirements Management Thing?

2008-03-04T08:13:00.002-06:00

OK, this has nothing to do with law or the legal profession, at least not overtly so, but I learned a new term this week - requirements management - and just had to write about it.

A little background.

Several of us meet after work every couple of weeks or so for a few drinks and dinner, and last week Barry (don't-use-my-real-name) Boston brought along a new face to join the group. The newbie, whose name escapes me (hate when that happens) so I'll just call him Johnny for now, is a project manager for the product development division, and to make him feel more comfortable we all started peppering him with questions about his work.

Someone asked him what the toughest part of his job was and he told us that until two months ago it was requirements management. Say what?

Seems that whenever someone comes up with a new project there have specific things they want the product to accomplish, or requirements. Now it was making sense.

A big part of Johnny's job is keeping track of the project and making sure it is progressing and requirements are are on track. He was using a spreadsheet to keep track of everything, but it was a cumbersome process. He had to enter everything himself and it was eating up all his time, so he started looking around for a tool that could free up his time by streamlining the process and give responsibility to the designers and engineers.

What he found was on-demand requirements management software - now there's a mouthful. The on-demand part means that it is web-based, so it can be accessed by anyone working on the project from any computer. And since several of the designers liked to take work home with them, Johnny thought this was perfect.

The software is fully customizable so if the client wanted to add a requirement it was easy and everyone could instantly know about the addition. Tracking of all requirements was a breeze, he said, as was the prioritization.

In fact, using the Accompa software saved so much time he had just received a pretty good-sized bonus and picked up the tab for all of us.

Not only did we learn something new, we also got a free meal! Not a bad deal, hun?

We're hoping Johnny comes back next time, and I promised to remember his name.

Lindsay Lohan To Work Off Sentence In Morgue

2008-01-22T08:06:00.000-06:00

As part of her agreement on a misdemeanor drunk driving charge, actress Lindsay Lohan will work two four-hour shifts in a morgue, said her attorney.

She must also spend two days working in a hospital emergency room.

Lohan was arrested twice last year on DUI charges and pleaded guilty in August to misdemeanor drunken driving and cocaine charges. She has already served 84 minutes in jail as part of the plea deal.

Merck to settle Vioxx Lawsuits

2007-11-09T10:04:00.000-06:00

After winning most of the Vioxx lawsuits, Merck decides to settle the rest for a cool $4.85 billion.

Three years after withdrawing its pain medication Vioxx from the market, Merck has agreed to pay $4.85 billion to settle 27,000 lawsuits by people who claim they or their family members suffered injury or died after taking the drug, according to two lawyers with direct knowledge of the matter.

The settlement, one of the largest ever in civil litigation, comes after nearly 20 Vioxx civil trials over the last two years from New Jersey to California. After losing a $253 million verdict in the first case, Merck has won most of the rest of the cases that reached juries, giving plaintiffs little choice but to settle.

The settlement will help put Vioxx behind Merck, as well as sharply reduce its Vioxx-related legal defense fees, which are now running at more than $600 million annually.

Judges in Louisiana, New Jersey and California, who oversee nearly all the lawsuits, had pressed for a deal before a new wave of trials was scheduled to begin in January.

Actor Keanu Reeves Faces Photographer's Law Suit

2007-11-08T12:04:00.000-06:00

A paparazzo gets bumped by a car driven by Keanu Reeves last May and is now suing the actor.

LOS ANGELES - A photographer sued Keanu Reeves, accusing the actor of hitting him with his Porsche in a not-so-excellent encounter in March. The lawsuit said Reeves struck Alison Silva on March 19 and alleges that Silva suffered shock and serious injuries. The lawsuit, filed in Los Angeles Superior Court, seeks unspecified damages.

According to reports at the time of the accident, Reeves was leaving a parking space in a residential area near Los Verdes County Golf Course, about 30 miles south of downtown Los Angeles.

If you stand in the street be careful. This case needs to be tossed.

Merck cleared in Florida Vioxx trial

2007-10-08T16:47:00.000-05:00

TAMPA, Florida (Reuters) - A Florida jury on Friday found Merck & Co's withdrawn painkiller Vioxx did not cause a former professional soccer player's heart attack and that the company did not conceal safety risks associated with the medicine.

After a three-week trial in the Circuit Court of Hillsborough County, the six-member jury took just two hours to hand Merck a victory on all counts.

The jury also found that Merck was not negligent and did not fail to provide adequate warnings about Vioxx heart risks.

The plaintiff, 56-year-old Refic Kozic, blamed Vioxx for his 2001 heart attack at the age of 50. He had used the drug for nine weeks for knee pain.

"We believe the evidence showed that Merck acted responsibly and that Vioxx was not the cause of Mr. Kozic's heart attack," said Mike Brock, one of Merck's attorneys.

Virtual Reality Tours Increase Real Estate Sales

2007-09-27T09:33:00.000-05:00

We have two friends in the real estate business, and they couldn't be more different. Neither one wanted us to mention them by name (go figure) so we'll call them Marcia and Larry.

Marcia has been a real estate agent for 30 years and has a well-established business relying primarily on word-of-mouth and the occasional direct mail piece. Her idea of virtual reality tours is a few quality photos of each property on her Web site.

She told us her methods work well for her, and we can't argue with her success over the years through good times and bad.

Larry, on the other hand, is relatively new to the real estate game. He's young, eager, ambitious and very tech savvy. As expected he has quite a different view on the use of virtual reality tours in his quest to sell more homes.

He believes the use of video in virtual reality real estate tours is getting ready to revolutionize the home selling market and he plans to be in the vanguard.

Larry has statistic on his side, too.

Here's a couple of tidbits from Real Networks:

Visitors stayed at websites that used video 78% longer than websites that did not have video.
86 percent of website visitors stay to listen to and/or watch a streaming media presentation.

Larry is as convinced of the benefits of using video virtual tours in his real estate practice as Marcia is on her tried and true methods.

Who's right? Our money is on Larry.

War on the Freedom of Information Act

2007-09-10T09:27:00.000-05:00

From TomDispatch.com:

We live with an administration whose concept of domestic "freedom" went out with those "freedom fries," briefly sold at the cafeterias of the House of Representatives. The Bush team has quite literally been a force for darkness. For those who remember the "memory hole" down which the bureaucrats of the Ministry of Truth dumped all uncomfortable or inconvenient documents in Orwell's famed dystopian novel 1984, this administration has created its functional equivalent. Just since the attacks of September 11, 2001, the government has removed from open shelves and sequestered from public view more than one million pages of "historical government documents -- a stack taller than the U.S. Capitol." According to the Associated Press, "some of these documents are more than a century old." What we are seeing in many cases is "declassification in reverse." For example, the CIA and other federal agencies "have secretly reclassified over 55,000 pages of records taken from the open shelves at the National Archives and Records Administration." These have even included half-century-old documents already published in a State Department historical series. In many cases, there is simply no way of knowing what has been removed, because the removals have largely not been catalogued.

Even the Pentagon phone book, on sale at the Government Printing Office bookstore until 2001, is gone. There's little way for a citizen to know who occupy offices that may determine the course of his or her life. In a sense, there are no longer "public servants," only private ones, beholden to the President, not Americans. This is what "national security," Bush-style, really means. Similarly, as Robert Dreyfuss discovered when he tried to chart out who was working in Vice President Cheney's office while researching a piece, no information could be revealed to a curious reporter, not even the names and positions of those who worked for the Vice President, those who, theoretically, were working for us. Cheney's office would not even publicly acknowledge its own employees, no less let them be interviewed.

Anti-gay Lawmaker: 'I am not gay'

2007-08-28T17:36:00.000-05:00

Idaho Sen. Larry Craig, known for consistent votes against gay rights, says he is not gay after pleading guilty to a misdemeanor disorderly conduct charge on Aug. 8, with the court dismissing a charge of gross misdemeanor interference to privacy.

BOISE, Idaho - Under fire from leaders of his own party, Idaho Sen. Larry Craig on Tuesday the only thing he had done wrong was to plead guilty after a police complaint of lewd conduct in a men's room. He declared, "I am not gay. I never have been gay."

"I did nothing wrong at the Minneapolis airport," he said at a news conference with his wife, Suzanne, at his side.

Craig's defiant stance came as Senate Republican leaders in Washington called for an ethics committee review into his involvement in a police sting operation this summer in the airport men's room.

"In the meantime, the leadership is examining other aspects of the case to see if additional action is required," Sen. Mitch McConnell and other top GOP lawmakers said in a written statement.

A private group, Citizens for Responsibility and Ethics, also filed a complaint with the ethics committee seeking an investigation into whether Craig violated Senate rules by engaging in disorderly conduct.

Craig entered his plea several weeks after an undercover police officer in the airport arrested him and issued a complaint that said the three-term senator had engaged in actions "often used by persons communicating a desire to engage in sexual conduct."

Craig said he has hired a lawyer and will ask him to review the case.

The airport incident occurred June 11. Craig signed his plea papers on Aug. 1, and word of the events surfaced Monday. The senator issued a statement Monday night that said, "In hindsight, I should have pled not guilty."

He repeated that assertion at the Idaho news conference. "In June, I overreacted and made a poor decision," he said. "I chose to plead guilty to a lesser charge in hopes of making it go away."

Outsourcing That Makes Sense

2007-08-21T16:37:00.000-05:00

If you are running a web-based business on a budget there's a new service you need to know about - SEO Outsourcing.

While the site is new, they have more than 11 years experience in making sure web site place well in the search engines. Oh, they don't guarantee a No. 1 Google ranking, but they do guarantee quick results.

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Their rates are very affordable, too. Even for the Mom and Pop businesses.

In addition to SEO, they offer:

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Give them a try. You won't be disappointed.

Filing a Personal Head Injury Claim in Spain

2007-08-08T15:29:00.000-05:00

After each holiday weekend or fiesta there is always a large accident rate and a high death toll on Spanish roads. Authorities in Spain are clamping down on drunken drivers and reckless driving but enforcement of the traffic laws is not yet having a direct impact on reducing the high number of deaths and injuries on Spanish roads.

One of the most prevalent types of injury from these accidents involves head trauma and resultant brain injury. In fact, one recent study involving Spanish coastal property indicated 61 percent of traffic accidents resulted in some type of brain injury. These accidents included autos, trucks, motorcycles, bicycles, and pedestrians hit by vehicles.

With more and more British citizens expected to retire in Spain and other European countries it is important for these expatriots to understand the local laws involving injury. Here is a summary of what you should know about

Similar to the UK there is an obligation on the drivers to remain at the site of the accident until the police arrive. If the injuries suffered and damage to the car is minor then the other driver may ask you to sign a form accepting who was responsible for the accident. This is known as a "declaracion amistosa" and should not be signed unless you are absolutely certain of what you are signing and accepting. If the other driver wishes to leave the scene try and obtain, as far as possible, his insurance details, full name, identity card number and details of the vehicle before he does so. If the injuries suffered require hospitalisation then on leaving the hospital ensure that you obtain a discharge certificate, which will set out the injuries that you have suffered, the amount of days in hospital and the treatment prescribed.

Usually after a road accident the Police will visit the scene, prepare a report and then send it to the local Court. The report will contain details of the drivers insurance companies, names of the drivers, witnesses, if any, statement from the parties involved and an objective assessment of how the accident occurred.

Once you have been discharged or in the event of a death after the funeral, the relatives or victim should seek legal advice as the claim has to be brought within 1 year of the accident. If you have a valid motor or other insurance policy then read the policy carefully to see if you have legal expenses cover. If you do then contact the insurance company, notify them of the claim (if they have not already been notified) and ask them how much cover you have and whether or not you are permitted under the terms of the policy to use your own lawyer rather than their huge claims department, which may not offer the personalised service.

When instructing a lawyer ask him for details of his charges and an explanation of the action that he will take on your behalf.

The first steps a lawyer will take is to contact the Court and obtain a copy of the Police report which will contain some important information. He will also notify the Court if proceedings are ongoing that his Firm is instructed and appoint a Procurador. A Procurador is a Court Official employed by the lawyer to present documents to the Court and notify the lawyer of progress of the claim in the Court.

Following these instructions should make it easier to make a personal injury claim following an accident in Spain.

Data Mining Triggered Flap Between Gonzales, Congress

2007-07-29T09:12:00.000-05:00

Fresh from The New York Times:

WASHINGTON, July 28 — A 2004 dispute over the National Security Agency’s secret surveillance program that led top Justice Department officials to threaten resignation involved computer searches through massive electronic databases, according to current and former officials briefed on the program.

It is not known precisely why searching the databases, or data mining, raised such a furious legal debate. But such databases contain records of the phone calls and e-mail messages of millions of Americans, and their examination by the government would raise privacy issues.

The N.S.A.’s data mining has previously been reported. But the disclosure that concerns about it figured in the March 2004 debate helps to clarify the clash this week between Attorney General Alberto R. Gonzales and senators who accused him of misleading Congress and called for a perjury investigation.

The confrontation in 2004 led to a showdown in the hospital room of then Attorney General John Ashcroft, where Mr. Gonzales, the White House counsel at the time, and Andrew H. Card Jr., then the White House chief of staff, tried to get the ailing Mr. Ashcroft to reauthorize the N.S.A. program.

Judge Dismisses Plame's Lawsuit

2007-07-20T13:29:00.000-05:00

Federal Judge John D. Bates dismissed a lawsuit filed by former CIA undercover operative Valerie Plame against Vice President Dick Cheney and others in the administration because they were just doing their jobs.

The Washington Post reports:

U.S. District Judge John D. Bates said that Cheney and the others could not be held liable for the disclosures in the summer of 2003 in the midst of a White House effort to rebut criticism of the Iraq war by her husband, former ambassador Joseph C. Wilson IV. The judge said that such efforts are a natural part of the officials' job duties, and, thus, they are immune from liability.

"The alleged means by which defendants chose to rebut Mr. Wilson's comments and attack his credibility may have been highly unsavory," Bates wrote. "But there can be no serious dispute that the act of rebutting public criticism, such as that levied by Mr. Wilson against the Bush administration's handling of prewar foreign intelligence, by speaking with members of the press is within the scope of defendants' duties as high-level Executive Branch officials."

An interesting point is the judge owes his position to President Bush.

Lawyer Sent to Jail For Testimony Leak

2007-07-13T14:25:00.000-05:00

From AFP via Yahoo! News:

SAN FRANCISCO (AFP) - Troy Ellerman, a defense lawyer in the BALCO steroid scandal, was sentenced to 30 months in prison on Thursday for leaking secret testimony from star athlete witnesses to the media.

Ellerman, 44, had pleaded guilty in February to contempt of court, obstruction of justice and making false statements after allowing a San Francisco Chronicle reporter access to transcripts of grand jury testimony by baseball star Barry Bonds and other athletes embroiled in the BALCO steroids investigation.

Ellerman, who at the time represented BALCO Vice President James Valente, then complained about the leaks in court.

US District Judge Jeffrey White said Ellerman's actions "infected every aspect of the judicial system."

BALCO, the Bay Area Laboratory Co-operative, was accused of producing and supplying performance-enhancing substances to top athletes in one of the worst scandals in sporting history.

Supreme Court Rejects Use of Race in School Plans

2007-06-28T14:55:00.000-05:00

WASHINGTON - The Supreme Court on Thursday rejected school assignment plans that take account of students' race in two major public school districts.

The school rulings in cases affecting schools in Louisville, Ky., and Seattle leave public school systems with a limited arsenal to maintain racial diversity.

The court split, 5-4, with Chief Justice John Roberts announcing the court's judgment. Justice Stephen Breyer wrote a dissent that was joined by the court's other three liberals.

Justice Anthony Kennedy wrote a concurring opinion in which he said race may be a component of school district plans designed to achieve diversity.

He agreed with Roberts that the plans in Louisville and Seattle went too far. He said, however, that to the extent that Roberts' opinion could be interpreted as foreclosing the use of race in any circumstance, "I disagree with that reasoning."

The two school systems in Thursday's decisions employ slightly different methods of taking students' race into account when determining which school they would attend.

Judge Suspends Duke D.A.

2007-06-19T11:44:00.000-05:00

Already stripped of his law license over his mishandling of the Duke rape case, a judge ordered District Attorney Mike Nifong immediately suspended from office.

From USA Today:

DURHAM, N.C. — A judge suspended District Attorney Mike Nifong effective immediately Tuesday after learning the prosecutor disbarred for his handling of the Duke lacrosse rape case intended to stay in office for another month.
"There is probably cause to believe that the district attorney has engaged in willful misconduct in office and conduct prejudicial to the administration of justice, which brings the office into disrepute," Superior Court Judge Orlando Hudson wrote in his order.

Later Tuesday, state lawmakers were scheduled to take up — and expected to pass — a bill that would allow Gov. Mike Easley to immediately remove Nifong from office.

Nifong, who was disbarred Saturday for breaking more than two dozen rules of professional conduct in his handling of the Duke case, said in a letter issued Monday that he would leave office July 13 — a date that could arrive before the legislation becomes law.

That departure date wasn't soon enough for Hudson, who decided late Monday that he would suspend Nifong from office. He said then that he would order the sheriff to prevent Nifong from carrying out any duties of the district attorney.

A lesson in innocence

2007-06-18T19:34:00.000-05:00

The horrible miscarriage of justice in the cases of the Duke University lacrosse players falsely accused of rape is a prime example of why American justice insists that a person charged with a crime is considered innocent until proven guilty.

Unfortunately, that is not always the case with institutions and people.

Duke University has settled with the three players for undisclosed amounts because "it is in the best interests of the Duke community to eliminate the possibility of future litigation and move forward," according to a written statement released by the university.

After the rape charges first surfaced in the spring of 2006, Duke canceled the men's lacrosse season and forced the resignation of coach Mike Pressler. Dozens of Duke faculty members known as the "Group of 88" signed a statement criticizing the lacrosse team.

Reade Seligmann and Collin Finnerty were suspended from Duke after their indictments. David Evans graduated from Duke just before he was indicted.

"This has been an extraordinary year for Duke students David Evans, Collin Finnerty and Reade Seligmann," Duke added in today's statement.

"We welcomed their exoneration and deeply regret the difficult year they and their families have had to endure. They conducted themselves with great dignity during their long ordeal."

Prosecutor Facing Own Hearing

2007-06-12T14:34:00.000-05:00

The prosecutor in the Duke lacrosse case from last year is now facing a hearing of his own after charges of ethics violations were leveled at him.

RALEIGH, N.C. - More than a year after shocking allegations emerged about Duke University's lacrosse team, prosecutor Mike Nifong was back in court Tuesday — this time as the defendant.

The North Carolina State Bar charged the Durham County district attorney with several violations of the state's rules of professional conduct, all tied to his handling of the lacrosse case.

If convicted by a disciplinary commission hearing the case, he could be stripped of his license to practice law in the state.

Georgia Yo-yo Justice

2007-06-12T14:31:00.000-05:00

A Georgia teen imprisoned for consensual sex with a 15-year-old girl when he was 17, was first told he was being released, but will stay in prison pending a bond hearing next month.

ATLANTA - Genarlow Wilson's joy was short-lived. One minute, a judge ordered him released from prison, saying the young man's 10-year sentence for consensual sex between teens was a "grave miscarriage of justice." Ninety minutes later, Georgia's attorney general said Wilson wasn't going anywhere — the state had appealed.

On Tuesday, Wilson's attorney was fighting to at least get him released on bond during the appeal process. He is now 21 and has been behind bars for more than 28 months.

"Yesterday, they did not consent to a bond," attorney B.J. Bernstein said Tuesday on CNN. "We are hopeful to hurry up and get in front of a judge — one, to get him out pending an appeal, but even more importantly, to get this madness over with."

Bernstein sought a hearing Tuesday in Douglas County court, where Wilson was convicted, even though the district attorney there opposes his release. Douglas County Superior Court Judge David Emerson set the bond hearing for July 5, another three weeks away.

Wilson became a symbol for extreme cases of getting tough on sex offenders when he was sentenced to the mandatory 10-year sentence for having consensual oral sex with a 15-year-old girl in 2003, when Wilson was 17.

If he had instead had sexual intercourse with the teen, he would have fallen under Georgia's "Romeo and Juliet" exception. But under the law in 2003, oral sex for teens still constituted aggravated child molestation and carried a mandatory sentence, plus listing on the sex offender registry.

Lawmakers last year voted to close that loophole, but the state's top court said the new law could not be applied retroactively to Wilson's case.

Libby Sentenced; Bush Feels Terrible

2007-06-06T14:38:00.000-05:00

Former White House official Lewis "Scooter" Libby was sentenced to 30 months in prison for his lying in the investigation of the outing of a covert CIA agent. His attorneys want him to remain free while his case is on appeal. The judge is not so inclined.

Meanwhile, President George Bush is said to feel "terrible" for Libby's family.

Court Limits Suits Over Pay-Bias

2007-05-30T10:56:00.000-05:00

Does big business rule the courts? You be the judge after reading about their ruling on pay-bias suits.

The Supreme Court has ruled 5-4 that the deadline for workers to file a pay-bias complaint under Title VII of the Civil Rights Act is 180 days from the date the decision on their pay is made and communicated to them.

In general, an individual wishing to bring a discrimination lawsuit must first file a complaint with the U.S. Equal Employment Opportunity Commission within 180 days "after the alleged unlawful employment practice occurred."

The question before the Supreme Court was whether the clock on that 180 days restarts each time an employee receives a paycheck that reflects past discrimination.

Lilly Ledbetter was a supervisor at Goodyear Tire and Rubber's plant in Gadsden, Alabama, from 1979 until her retirement in 1998. At first, her pay was in line with the salaries of men, but over time a gap developed between her salary and the pay of male area managers with equal or less seniority. By the end of 1997, Ledbetter was the only woman working as an area manager and was paid $3,727 per month. By comparison, the pay of the lowest paid male area manager was $4,286 per month.

Ledbetter sued in 1998, alleging disparate treatment. The company argued that the suit should be dismissed because Ledbetter failed to file a complaint with the EEOC within 180 days of the previous pay decisions that Ledbetter alleges were discriminatory.

However, Ledbetter argued that the clock on the 180-day deadline restarted after each paycheck that reflected past discrimination. She claimed that each time the company issued her a paycheck, the company demonstrated an intent to discriminate and violated Title VII.

However, the majority rejected her arguments, saying Ledbetter should have filed a complaint after each pay decision.

"Ledbetter should have filed an EEOC charge within 180 days after each allegedly discriminatory pay decision was made and communicated to her," Justice Samuel Alito wrote for the majority. "She did not do so, and the paychecks that were issued to her during the 180 days prior to the filing of her EEOC charge do not provide a basis for overcoming that prior failure."

Saving Money on Ink Cartridges

2007-05-25T11:57:00.000-05:00

Most people have a tendency to buy ink cartridges from the same manufacturer as the printer. Since major name brand printers make most of their profit from the replacement cartridges they charge a premium price. How can the average user save money on ink supplies.

One way is to purchase ink cartridges from independent sellers whose product will work just as well as those from the manufacturer. However, wise consumers will save not only money, but heartache as well if they do their homework.

By checking on the reputation of the independent seller, the consumer can avoid poorly made cartridges that not only produce low quality prints but can even damage the printer. If buying online, the consumer can look for testimonials and even search for independent reviews of the seller.

Another option available for consumers is using refillable inks for their cartridges. The downside here is again the quality of the ink along with the possible leaking of the cartridge.

Still another way to save money on printing costs is to use black ink in draft mode whenever possible. Color ink is more expensive and should only be used when printing the final project. Some everyday printing, such like something from the Internet may not require color ink. Use black ink in these cases.

Some consumers will buy ink in bulk as a way to save money. Additionally, if you have a major printing job that requires a lot of ink and want to stick to cartridges, try buying in quantity. Many online retailers offer special prices when several cartridges are ordered at one time.

Does Paris Hilton Deserve Jail Time?

2007-05-24T11:05:00.000-05:00

Paris Hilton belongs behind bars, accordint to this analysis by Susan Filan:

No questions about it, Hilton should be behind bars

By Susan Filan
Senior legal analyst

It's about time Paris Hilton learned that rules apply to her too.

Until now, the hotel heiress has lived her life as if the law was a buffet menu from which she could pick and choose which to rules to follow and which to disobey.

On Friday, after she had the audacity to arrive 18 minutes late to her sentencing hearing, a Los Angeles judge ended her a la carte lifestyle and sentenced Hilton to 45 days in prison for violating the terms of her probation. And she won't be allowed to serve her prison sentence at a "camp" for celebrities either. The judge ordered Hilton to surrender on June 5 to Los Angeles County's jailhouse for women, a 2,200 inmate facility. This is one accommodation in which Hilton will not be permitted to order room service, use a cell phone or a Blackberry, or do whatever she wants whenever she wants. She will be allowed outside her cell for one hour a day to shower, watch television in the dayroom with other inmates, or go outside for recreation.

And this is the absolute right result. Justice has been served. Hilton brought this on herself by the choices she has made and by her own behavior. And now she has to pay the price. It’s only fair. Were the judge to have ruled differently, it would have sent a message to our celebrity-worshipping culture that only "regular" folks have to obey the rules.

Just what is Paris’ crime and why should she go to jail?

In January 2007, Hilton was convicted of reckless driving. Her blood alcohol content was .08, which is illegal. Her punishment then was a “get out of jail free” card. She was placed on probation for 36 months, fined $1,500 and ordered to enroll in alcohol education classes. And her driver’s license was suspended.

On January 15, 2007, Paris was caught driving with a suspended license. If your license is suspended, you can’t drive. It’s that simple. On February 27, 2007, Paris was caught driving again at 11:00 at night, license still suspended. She was speeding and she didn’t have her headlights on.

Paris said she did not know her license was suspended, but she had to sign a piece of paper acknowledging the license suspension. Guess what? That piece of paper was in her glove compartment with her signature on it.

Oh, and those alcohol education classes she was supposed to enroll in by February 12th? As of April 17 , she still hadn’t enrolled.

Twice-Convicted Murderer Released

2007-05-22T13:33:00.000-05:00

From The New York Times:

OKLAHOMA CITY, May 21 — “It’s like landing on a new planet,” said Curtis E. McCarty, who was freed from death row this month after two convictions for the same murder, and 22 years in prison, 16 of them on death row.

Mr. McCarty, 44, had been scheduled to stand trial yet again on Monday for the killing in 1982 of a police officer’s daughter but was released based on a presumption of innocence after DNA evidence from earlier trials was destroyed.

“This is a real bad situation for everybody involved — for my family, for the victim’s family, for myself, for the local court system, for the people of this community,” Mr. McCarty said in a telephone interview after declining to show up Friday at a news conference at the Capitol featuring his parents and justice advocates calling for a commission to examine wrongful convictions.

Supreme Court: Prisoner Must Die

2007-05-14T15:45:00.000-05:00

The Supreme Court reversed a lower court ruling and orders death for inmate.

WASHINGTON - The Supreme Court ruled against a death row inmate Monday who directed his lawyer not to present evidence that could spare him, then argued on appeal that the attorney was ineffective.

The court reversed a 9th U.S. Circuit Court of Appeals decision granting twice-convicted killer Jeffrey Landrigan a hearing on his claim that his lawyer didn’t do enough to ward off the death sentence.

The appeals court should have deferred to lower court rulings against Landrigan, Justice Clarence Thomas wrote for the majority in a 5-4 decision.

Asbestos and Mesothelioma

2007-05-09T13:34:00.000-05:00

In our society many people have been being diagnosed with a deadly cancer called mesothelioma, which is a disease of the lining that surrounds vital organs such as the lungs, the abdomen, and the heart. Mesothelioma is caused by exposure to a material we have all heard of called asbestos.

Asbestos was widely used in the late 19th century into the middle of the 20th century, and it was so common because of its fire resistant properties. Studies soon started to show that the dust from asbestos would get into your lungs but your body would not reject it.

Asbestos exposure can cause many health problems but mesothelioma is the worst, and in most cases it is deadly. There are many studies being done trying to find something to help battle against mesothelioma, but at this point the life expectancy after a mesothelioma diagnosis is usually around a year.

One of the major problems with mesothelioma is that you can show no signs or symptoms for years and then whee you do show symptoms and get the diagnosis from the doctor it is usually too late.

Advancements are being made in mesothelioma research and there are high hopes for the near future in at least extending the life expectancy and the quality of life for the patient. Doctors and scientists are working on many prescriptions and radiation treatments to try and aid a mesothelioma patient. If you know that you were exposed to asbestos in the past this is a disease you should learn more about and it can be quite scary and overwhelming.

There are many support groups and counselors that can help someone diagnosed with mesothelioma and understand the different types of this asbestos cancer.

So if you or someone you know is seeking more info on mesothelioma there are many great informational and legal sites that can help you become more educated.

Court Rules Against Mormon in Tax Case

2007-05-08T12:10:00.000-05:00

A federal appeals court has dismissed a case in which a Mormon argued his religion should exempt him from Social Security taxes.

SAN FRANCISCO (Reuters) - A U.S. federal appeals court dismissed a case on Monday in which a Las Vegas attorney argued his Mormon religion should exempt him from
Social Security taxes.

"I don't believe in it, I don't like it, I think it is Satanic," Jonathan Hansen said in a telephone interview, adding that to date he has paid his Social Security taxes. "I belong to a religion that will take care of me. I don't need the Social Security system and I don't want it."

"It violates my religious beliefs and it violates the teachings of my church as I interpret them."

The U.S. 9th Circuit Court of Appeals disagreed with such arguments and backed a lower court's dismissal of Hansen's claim.

Courts Swamped by Immigration-Related Felonies

2007-05-01T12:36:00.000-05:00

Federal courts along the southern border are swamped with immigration-related felony cases. The problem stems from a Border Patrol decision to send illegal immigrants to court rather than deport them.

From the Associated Press:

During a push to crack down on illegal immigration last fall, Customs and Border Protection floated a plan for New Mexico that would have suspended the practice of sending home hundreds of illegal immigrants caught near the border with Mexico. Instead, these people would be sent to court.

The idea, called "Operation Streamline," was to make it clear that people caught illegally in the U.S. would be prosecuted.

Then New Mexico's federal judges reminded the Border Patrol that they lacked the resources to handle the hundreds of new defendants who would stream into the court system every day.

"We said, 'Do you realize that the second week into this we're going to run out of (jail) space?'" Martha Vazquez, chief judge for the District of New Mexico, recalled telling Border Patrol chief David Aguilar.

"We were obviously alarmed because where would we put our bank robbers? Our rapists? Those who violate probation?" she said.

Border Patrol eventually dropped the idea. Officials said they could not get all the necessary agencies to agree to it.

Supreme Court Throws Out Three Texas Death Sentences

2007-04-25T11:20:00.000-05:00

Court cites improper instruction to the juries in tossing out the death sentences of three men on death row in Texas.

Excerpt from MSNBC:

The three 5-4 rulings had the same lineup of justices, with Stephen Breyer, Ruth Bader Ginsburg, Anthony Kennedy, David Souter and John Paul Stevens forming the majority.

"When the jury is not permitted to give meaningful effect or a 'reasoned moral response' to a defendant's mitigating evidence...the sentencing process is fatally flawed," Stevens wrote in Abdul-Kabir's case

Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas dissented.

Impeachment of Cheney Sought

2007-04-24T10:47:00.000-05:00

Posted at CommonDreams:

Congressman Kucinich Will Hold Press Conference to Announce Introduction of Articles of Impeachment Relating To Vice President Richard Cheney

WASHINGTON, D.C. — Congressman Dennis Kucinich (D-OH) will hold a news conference tomorrow afternoon to announce the introduction of articles of impeachment relating to the Vice President of the United States Richard B. Cheney.

Where: Cannon Terrace (intersection of Independence Avenue and New Jersey Avenue)
When: Tuesday, April 24, 2007
Time: 12 p.m.

The Team Link Network Affiliate Program

2007-04-13T16:42:00.000-05:00

Teamlink Network (TLN), a provider of software that links up advertisers with publishers, offers a flat 25 percent commission, coupled with weekly payments.

TLN’s payment schedule is rare in the affiliate marketplace. Many affiliate programs make you wait for up to 90 days, then you must have a set minimum before they will pay out.

TLN pays commissions every Friday on all new sales collected from the week before, regardless of the amount. They use PayPal when possible or USPS. However, keep in mind if you want a check mailed to you and the amount is less than $25, TLN does charge mailing expenses and any bank fees.

They do pay any and all fees for mailing a check for any amount over $25 in a calendar week. Your best bet is to use PayPal.

The TLN philosophy is the Internet is about people, and webmasters deserve to be adequately compensated, quickly and fairly, for their work.

Another great feature is the TLN Alert Tool, a desktop application that alerts webmasters when they have money waiting for them.

If you have any kind of online presence, including a blog, you can start to earn real money with little effort by becoming a TLN affiliate.

Are sex offenders trolls?

2007-04-09T10:26:00.000-05:00

Seems that in Miami-Dade County the Florida Corrections Department thinks convicted sex offenders are trolls. Several are housed under a bridge.

Exerpt:

MIAMI, Florida (CNN) -- The sparkling blue waters off Miami's Julia Tuttle Causeway look as if they were taken from a postcard. But the causeway's only inhabitants see little paradise in their surroundings.

Five men -- all registered sex offenders convicted of abusing children -- live along the causeway because there is a housing shortage for Miami's least welcome residents.

"I got nowhere I can go!" says sex offender Rene Matamoros, who lives with his dog on the shore where Biscayne Bay meets the causeway.

The Florida Department of Corrections says there are fewer and fewer places in Miami-Dade County where sex offenders can live because the county has some of the strongest restrictions against this kind of criminal in the country.

Florida's solution: house the convicted felons under a bridge that forms one part of the causeway.

The Julia Tuttle Causeway, which links Miami to Miami Beach, offers no running water, no electricity and little protection from nasty weather. It's not an ideal solution, Department of Corrections Officials told CNN, but at least the state knows where the sex offenders are.

New York's Outdated Divorce Laws

2007-03-29T14:07:00.000-05:00

New York is the only state that does not have no-fault divorce. Couples in that state that want to divorce quickly without blame are out of luck.

From the Associated Press:

New York is the only state that won't allow the speedy dissolution of a marriage without proof that one spouse is somehow at fault, experts say. Adultery is sufficient grounds, but irreconcilable differences are not. "He beats me" (with proof) works, but "We grew apart" doesn't cut it.
The system has been ridiculed as hopelessly outdated, and sometimes results in endless litigation and spouses leaving the state to evade the law. This week, in what some see as more proof of the law's absurdity, a jury denied the bickering Taubs a divorce."I think it's an anachronistic, completely inefficient process," said Bernard Clair, a divorce lawyer.

"Today, divorce is really about dividing an economic partnership. The dirty laundry aspects play no role except to jazz up the clients and distract them from the real issues of the case."Under New York divorce law, couples can split up without either spouse being assigned blame, but only if they first sign a division-of-property agreement and live apart for a year.

Couples who want to end a marriage more quickly than that have been known to lie, move or tarnish their own reputations.If the desire for a divorce is mutual, but neither side wants to wait a year, one common ruse is to have one party take the blame.

A popular ground is "constructive abandonment," in which one spouse alleges the other won't have sex. The other spouse agrees not to contest the allegation.

Not all Dems happy with Military Funding Bill

2007-03-29T10:52:00.000-05:00

Not every Democrat is celebrating the passage of the House version of the Military Funding bill. Dennis Kucinich makes his views known in this article found at the video blog Ravel Babel:

Another sore point with Kucinich is that the bill "sets the stage for the privatization of Iraq’s ... oil industry.

"To have the Democratic Party involved in something like that is outrageous," he said. "Furthermore, we should be pushing for the stabilization of Iraq’s food and energy crisis. There’s no talk about that. Basically we’re blaming Iraq for the disaster that the United States and this administration visited upon them. We’re telling them, either they’re going to get their house in order or we’re going to leave. Well, you know what, this approach is wrongheaded and the Democrats should have known better and they should have done better."

Read the Rest

Gonzales losing support

2007-03-26T15:11:00.000-05:00

Key Republicans are abandoning support for Attorney General Alberto Gonzales:

Three key Republican senators sharply questioned his truthfulness over the firings last fall of eight federal prosecutors. Two more Democrats on Sunday joined the list of lawmakers calling for Gonzales' ouster.

Several Republicans also urged President Bush to allow sworn testimony from his top aides about their role in dismissing the U.S. attorneys — a standoff threatening to result in Capitol Hill subpoenas of White House officials.

Gonzales faces the toughest test of his two-year tenure at the Justice Department with the release of documents suggesting he was more involved with the firings than he indicated earlier.

More Troubles For Edwards Family

2007-03-22T14:14:00.000-05:00

This from CNN:

CHAPEL HILL, North Carolina (CNN) -- Democratic presidential candidate John Edwards said Thursday his wife's cancer has returned but his bid for the White House will continue.

"The campaign goes on," the former senator from North Carolina said at a news conference, contradicting earlier media reports to the contrary.

John Edwards said tests this week had shown his wife, Elizabeth, had cancer in a rib on her right side. He said the cancer is treatable but not curable.

"We are very optimistic about this," he said, noting that the tumor is small in size and has a "relatively minimal presence."

Elizabeth Edwards said she was "incredibly optimistic" and said her expectations about the future were unchanged.

"I expect to do next week all the things I did last week. And the week after that, and next year at the same time," she said.

And she wanted her husband to continue his run for the presidency.

'Bong Hits 4 Jesus'

2007-03-20T15:42:00.000-05:00

We think this case made it to the Supreme Court for the message on the sign.

From MSNBC:

WASHINGTON - A high school senior’s 14-foot banner proclaiming “Bong Hits 4 Jesus” gave the Supreme Court a provocative prop for a lively argument Monday about the extent of schools’ control over student speech.

If the justices conclude Joseph Frederick’s homemade sign was a pro-drug message, they are likely to side with principal Deborah Morse. She suspended Frederick in 2002 when he unfurled the banner across the street from the school in Juneau, Alaska.

“I thought we wanted our schools to teach something, including something besides just basic elements, including the character formation and not to use drugs,” Chief Justice John Roberts said Monday.

Tribe's Video Gambling Nixed

2007-03-19T11:33:00.000-05:00

From the Houston Chronicle:

COLUMBIA, S.C. — The Catawba Indian Nation may not offer video gambling on its reservation because it would violate a state law prohibiting the games, the South Carolina Supreme Court ruled Monday.

The Catawbas, the only federally recognized tribe in South Carolina, sued in 2005 for the right to offer video gambling, arguing their 1993 land deal with the state allowed it.

A South Carolina law banned video gambling in 2000.

The state contends that the land deal means the tribe's reservation falls under state, not federal, gambling laws. The Catawbas disagree and said they would appeal.

"This is just another round," said tribe attorney Dwight Drake.

Senate Seeking Answers to Attorney Firings

2007-03-13T13:26:00.000-05:00

The New York Times reports:

WASHINGTON, March 13 — Senate Democrats vowed today to get explanations, with or without subpoenas, from high Bush administration officials as revelations about the dismissal of federal prosecutors put renewed pressure on the White House.

“Just when we thought our faith could not be shaken any further, it has been,” said Senator Charles E. Schumer, Democrat of New York and a member of the Senate Judiciary Committee. “The latest revelations prove beyond any reasonable doubt that there has been unprecedented breach of trust, abuse of power and misuse of the Justice Department.”

Mr. Schumer was reacting to disclosures by administration officials on Monday that the White House was deeply involved in the decision late last year to dismiss federal prosecutors, including some who had been criticized by Republican lawmakers.

Mr. Schumer, who called over the weekend for the resignation of Attorney General Alberto R. Gonzales, renewed that call today. The senator also said Karl Rove, President Bush’s top political adviser, “should not wait for a subpoena” but should come before Congress at once to tell what he knows about the affair.

So should Harriet E. Miers, the former White House counsel and one-time Supreme Court nominee, “who was deeply involved in this ill-conceived project,” Mr. Schumer said.

Senator Dianne Feinstein, Democrat of California and also a member of the Judiciary Committee, said she had always believed that the attorney general’s office “stood apart from the White House.”

“And now I learn that much of what I had believed, at least about this attorney general’s office, is in fact not the case,” Senator Feinstein said. Predicting that a full inquiry may take a while, she said: “We will go that distance. And we will dig just as deep as is required.”

More of the Story

The Sooner Thought Podcast

2007-03-11T13:34:00.000-05:00

Even law watchers have to take a break every now and then, and when we do, we listens to the Sooner Thought Podcast by our good friend Alex.

DISCLOSURE: We're not just saying that; Alex really is a friend of ours, and we're not above plugging for a friend. No money has changed hands, we're doing a favor because he asked nicely and we think his podcast is entertaining, thought-provoking ... well, you get the picture.

We don't know about his choice of guests sometimes, like this Jake numb-nuts from Ravel Babel. Just go check out his site and you'll see what we mean.

Give Alex and his Sooner Thought Podcast a try. You'll never go back.

Libby

2007-03-07T12:45:00.000-06:00

We all know the outcome of the trial of I. Lewis "Scooter" Libby. Here are comments from the Democratic congressional leaders:

House Speaker Nancy Peolsi:

Today’s guilty verdicts are not solely about the acts of one individual.

This trial provided a troubling picture of the inner workings of the Bush Administration. The testimony unmistakably revealed – at the highest levels of the Bush Administration – a callous disregard in handling sensitive national security information and a disposition to smear critics of the war in Iraq.

Senate Majority Leader Harry Reid:

Washington, DC — Senate Majority Leader Harry Reid today released the following statement on news that a jury has found Lewis "Scooter" Libby, former Chief of Staff to Vice President Dick Cheney, guilty of perjury and obstruction of justice.

"I welcome the jury's verdict. It's about time someone in the Bush Administration has been held accountable for the campaign to manipulate intelligence and discredit war critics. Lewis Libby has been convicted of perjury, but his trial revealed deeper truths about Vice President Cheney's role in this sordid affair. Now President Bush must pledge not to pardon Libby for his criminal conduct."

Going overboard?

2007-03-01T15:49:00.000-06:00

Does this strike you as going just a bit too far? Or is it OK to mark offenders this way?

From MSNBC:

COLUMBUS, Ohio - The cars of sexual predators would be marked by fluorescent green license plates under a unique proposal before Ohio lawmakers.

A bill introduced Wednesday by two legislators, Democratic Rep. Michael DeBose and Republican Sen. Kevin Coughlin, would require all habitual and child-oriented sex offenders to display the easy-to-spot plates.

It is something no other state has tried, according to the National Conference of State Legislatures, though some require a designation to appear on sex offenders’ driver’s licenses. An earlier Ohio proposal to require pink plates for sex offenders was unsuccessful.

What's next? Summary execution?

Politics Real Reason for Prosecutors' Dismissals?

2007-02-25T09:21:00.000-06:00

The New York Times has received copies of "[I]nternal Justice Department performance reports for six of the eight United States attorneys who have been dismissed in recent months ..."

For months the Justice Department has been claiming the fired prosecutors were let go because of performance issues. As the Times article points out. the attorneys were rated “well regarded,” “capable” or “very competent.”

But wait, an unnamed senior Justice Department official had this to say: “The reviews don’t take into account whether the U.S. attorneys carried out departmental priorities.”

But the Times article points out:

However, each case report included a statement that each of the ousted prosecutors had established strategic goals set by the Justice Department in high priority areas like counterterrorism, narcotics and gun violence.

So what does this leave? Politics.

Ya think?

Appeals Court Rules Against Detainees

2007-02-21T13:08:00.000-06:00

Chalk one up for the Neo-Cons.

From The New York Times:

A divided federal appeals court on Tuesday upheld a new law stripping federal judges of authority to review foreign prisoners’ challenges to their detention at Guantánamo Bay, Cuba.

The decision set the stage for a third trip to the Supreme Court for the detainees, who will once again ask the justices to consider a complex issue that tests the balance of power among the White House, Congress and the courts in the murky context of the fight against international terrorism.

It also prompted some senior Democratic lawmakers, who have fought the Bush administration on the matter before and who now hold sway in Congress, to vow enactment of a law more favorable to the prisoners.

The Supreme Court previously ruled twice that federal statutes empowered the courts to consider Guantánamo prisoners’ habeas corpus petitions challenging the grounds for their detention. In response to those rulings, Congress twice rewrote law to limit the detainees’ avenues of appeal. The most recent rewriting was at issue in Tuesday’s 2-to-1 decision.

Police Taping Facing Limits

2007-02-16T08:55:00.000-06:00

If your are exercising your right of free speech in New York you will no longer be videotaped by the police.

A federal judge in Manhatten has ruled that the police do not have carte blance to videotape peaceful demonstrations unless there is a clear indication of "unlawful or terrorist activity."

Exerpt from The New York Times:

Citing two events in 2005 — a march in Harlem and a demonstration by homeless people in front of the home of Mayor Michael R. Bloomberg — the judge said the city had offered scant justification for videotaping the people involved.

“There was no reason to suspect or anticipate that unlawful or terrorist activity might occur,” he wrote, “or that pertinent information about or evidence of such activity might be obtained by filming the earnest faces of those concerned citizens and the signs by which they hoped to convey their message to a public official.”

While he called the police conduct “egregious,” Judge Haight also offered an unusual judicial mea culpa, taking responsibility for his own words in a 2003 order that he conceded had not been “a model of clarity.”

The restrictions on videotaping do not apply to bridges, tunnels, airports, subways or street traffic, Judge Haight noted, but are meant to control police surveillance at events where people gather to exercise their rights under the First Amendment.

“No reasonable person, and surely not this court, is unaware of the perils the New York public faces and the crucial importance of the N.Y.P.D.’s efforts to detect, prevent and punish those who would cause others harm,” Judge Haight wrote.

What's this say about prison life in Texas?

2007-02-12T08:32:00.000-06:00

Man Seeks to Hasten His Execution in Texas

Better dead than on death row in Texas.

Anna Nicole and DNA

2007-02-09T12:47:00.000-06:00

Seems that even the dead can't rest when paternity tests are ordered by judges.

This from FOX News:

A judge on Friday refused to order an emergency DNA test on the body of Anna Nicole Smith as part of a paternity suit involving her infant daughter, but he ordered that the body be preserved until a hearing in 10 days, attorneys said.

Two men are contesting the paternity of 5-month-old Dannielynn, and experts say the custody decision could determine the child's inheritance.

With major legal issues undecided, Smith's legacy could take years to untangle and could leave the baby girl with millions of dollars or nothing at all.

Why would the entire body have to be preserved? Seems that a tissue sample would be sufficient. Anna Nicole's so-called celebrity continues to spill over.

Astronaut needs psych eval

2007-02-07T05:03:00.000-06:00

Lisa Marie Nowak, astronaut turned arrestee who is free on bail following charges of attempted kidnapping and attempted murder, should have a thorough psychological examination prior to her case going forward.

However, the charges against her are in Florida. Need we say more?

Two Charged in Boston Fiasco

2007-02-02T10:35:00.000-06:00

Peter Berdovsky and Sean Stevens pleaded not guilty to charges of placing a hoax device in a way that causes panic and disorderly conduct in a Boston.

They are the two men were hired by an advertising agency to place boxes resembling Lite-Brite boards promoting a program on the Cartoon Network. Panic ensued when the Boston police were notified of suspicious devices and treated them like a terrorist attack.

The city closed major highways and subway systems and went into full "we're under attack mode." The devices were up for two weeks before coming under suspicion. Officials in nine other U.S. cities apparently saw them for what they were and took no action.

Turner Broadcasting reportedly agreed to pay the city up to $1 million to help offset the costs, which they will undoubtedly recoup through the free advertising.

Boston officials, who some say over reacted, would be smart to quietly dismiss the charges and let the matter die.

When the punishment doesn't fit the crime

2007-01-30T10:08:00.000-06:00

A 20-year-old Georgia man is going to prison for 10 years for receiving oral sex from a 15-year-old girl when he was 17. The prosecutor seems to be punishing the man for demanding a jury trial and not taking a plea deal for five years in prison and registering as a sex offender.

Read Susan Filan's comments about the case.

Exerpt:

Everyone agreed, including the prosecutor and the girl herself, that she initiated the act.

It was all captured on video — the evidence used to convict him at trial. On the tape, police saw a 15-year-old perform oral sex on one partygoer, and after finishing with him, she turned and did the same to Wilson. Under Georgia law at the time, this was considered aggravated child molestation, a felony for teens less than three years apart to have oral sex. It carried with it a 10-year sentence, even though it was only a misdemeanor for those same teens to have sexual intercourse.

District Attorney in More Hot Water

2007-01-24T08:57:00.000-06:00

Seems that Durham County District Attorney Mike Nifong is finding himself in more ethics trouble.

The North Carolina Bar Association is accusing Nifong of withholding DNA evidence and making misleading statements to the court.

Nifong recently dropped rape charges against three members of the Duke University lacrosse team when the victim started wavering on her account of the incident. The district attorney withdrew from the case earlier because previously ethics charges created a conflict of interest.

If Nifong's purpose in pursuing the case was to make a name for himself, he sure succeeded. Just what that name is remains to be seen.

Model Bargains Out of Jail

2007-01-16T13:27:00.000-06:00

Former supermodel Naomi Campbell struck a deal with prosecutors that will keep her out of jail.

Originally charged with second-degree felony assault on her maid Ana Scolavino, which carries a sentence of to two to seven years in prison, Campbel pleaded guilty to misdemeanor assault which carries a much lesser penalty.

Campbell admitted throwing the cell phone which struck Scolavino in the back of the head but insisted it was an accident because she did not mean to hit her.

In exchange for her plea, Campbell with pay Scolavino's medical expenses of of $363, complete five days of community service and attend a two-day anger management program.

As is said, money talks, or in this case, takes the catwalk.

Minimum Wage Opponents Missing Point

2007-01-10T11:29:00.000-06:00

Opponents of raising the federal minimum wage cite all kinds of statistics supporting their view, as do proponents.

Guys like George Will and Rich Lowry claim the minimum wage only affects a small number of Americans, but claim that raising it will cause all kinds of economic damage to business, including causing some of them to lay off workers or go out of business altogether.

We'll let others argue those points.

But Lowry says, "The effect of the hike basically will be to give a small boost to the wage of teenagers working summers or after school."

What's wrong with that?

With the cost of college tuitions increasing dramatically every year, and the cutback of grants and loans available for students, many teens are working to help pay their way through college.

They need all the help they can get and deserve a chance to make enough money to better themselves.

The problem with guys like Will and Lowry is that they have either forgotten what it's like to struggle to get ahead, or never had to in the first place. Now they want to deny that opportunity to others.

Spring Break Plans May Include DUI Lawyer

2007-01-10T11:03:00.000-06:00

Several of my son's friends were over the other night talking about going to California (specifically San Diego) for Spring Break, and boys being boys, they got to talking about getting rowdy.

Now they know not to drink and drive, but being young and thinking they are invincible, these boys (young men really) do not always make the right decisions.

That's when I told them it might be wise to know about a San Diego DUI Lawyer before they make the trip. So they got on the Web and found Rick Mueller, who from the looks of his Web site is a fairly competent lawyer when it comes to DUI.

He's got a victory page devoted to cases where he has saved his client's driving privileges. Let's face it, you have to be able to drive in this country, so being able to keep your driver's license is essential.

Another positive point is the page on defenses to California's DUI breath test. Pre-knowledge of one's rights is always a good thing.

Now, I don't expect these guys to get into trouble while in Sunny Southern California, but I'll sleep better knowing that if the worse happens, they'll know who to call.

This is a sponsored post. Please see Disclosure Policy.

Disclosure Policy

2007-01-10T09:10:00.000-06:00

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Is U.S. Mail Really Private?

2007-01-06T10:20:00.000-06:00

The U.S. mail is not private and the government does not need a search warrant to open your mail, according to the latest signing statement by President George Bush. As defined by the Bush White House, a signing statement is something this president uses so he doesn't have to follow the law.

Why haven't the American people heard about this before now since it happened in December? Media Matters for America points out that it's because the issue was largely ignore by most of the major media outlets.

Exerpt:

On January 4, the New York Daily News reported that on December 20, President Bush attached a "signing statement" to a postal reform bill that "quietly claimed sweeping new powers to open Americans' mail without a judge's warrant." According to the Daily News: "That claim is contrary to existing law and contradicted the bill he had just signed, say experts who have reviewed it." ABC, CBS, and CNN have largely ignored the story, however, and ABC's Good Morning America reported that Bush "acquired new powers" and suggested that they were "included" the bill.

Have the American people become so numb to the constant law violations of the current administration that we don't care anymore? Are we really that far gone?

Inmates religious rights upheld

2007-01-02T09:47:00.000-06:00

From Associated Press:

RICHMOND, Va. - In a ruling favorable to an inmate who sued after a Virginia prison denied his request for kosher meals, a federal appeals court on Friday upheld a federal law that protects the religious rights of incarcerated people.

The state of Virginia had challenged the federal Religious Land Use and Institutionalized Persons Act after inmate Ira Madison complained in a 2001 lawsuit that prison officials were violating the act by denying him a kosher diet.

Virginia argued that Congress had exceeded its authority by tying compliance with the act to federal funding for prisons.

But the appellate judges rejected that argument, saying the law does not force states to change prison policies.

D.A. Facing Ethics Charges

2006-12-29T07:04:00.000-06:00

The district attorney in the Duke sexual assault case has been hit with ethics charges by the North Carolina Bar Association.

The bar association opened an investigation of Durham County District Attorney Mike Nifong last March shortly after the case began.

"It's hard for me to imagine how he can be effective as an advocate, with either the court or a future jury, when he has ethics charges pending against him ... concerning his conduct of this very same case," said Joseph Kennedy, a University of North Carolina law professor.

The North Carolina bar filed the ethics charges Thursday, accusing District Attorney Mike Nifong of violating four rules of professional conduct by making misleading and inflammatory comments about the athletes under suspicion.

Kennedy said Nifong should recuse himself, but added that the judge overseeing the case could also order his removal. The ethics charges carry penalties that range from admonishment to disbarment.

The bar said it opened a case against Nifong on March 30, a little more than two weeks after a 28-year-old woman hired to perform as a stripper at a lacrosse team party said she was gang-raped.

The rape charges against the three students were dropped earlier this month.

Live puppy OK'd for trial

2006-12-12T09:31:00.000-06:00

From the Atlanta Journal-Constitution:

Prosecutors won the right Monday to use a live puppy in a demonstration of how another dog suffered before it was stuffed into a searing hot gas oven and killed.

Laura Janssen, the prosecutor, argued that a live demonstration would show how a real dog would react. She said her expert on dog behavior would stop short of any real cruelty.

"It helps the jury to understand," Janssen said.

The puppy pulled from the Fulton animal shelter on Tuesday would be a stand-in for one that was doused with paint, burned, hog-tied with duct tape and then died futility struggling inside a gas oven.

Two brothers, Justin and Joshua Moulder, are on trial in Fulton Superior Court for animal cruetly as well as breaking into and trashing the community center of Englewood Manor apartments in Atlanta.

Judge Thelma Wyatt Cummings Moore agreed Monday to allow the dog demonstration over the objections of defense lawyers who argued that trotting out a cute puppy would prejudice the jury.

"This is clearly just an attempt to inflame the jury," said Kevin Schumaker, the lawyer for Joshua Moulder.

Testimony resumed Monday with a series of police witnesses who kicked off the second week of the trial.

The early session witnesses included an Atlanta police supervisor, a crime scene technician and a police sergeant who were all called to the apartments Aug. 21.

They all said they found the apartment community center trashed — computers smashed, books strewn about, paint splattered around and other vandalism — as well as a small puppy that had been duct-taped and gruesomely killed inside the center's gas oven.

Supreme Court to hear arguments in latest race issue

2006-12-04T09:49:00.000-06:00

From AP:

WASHINGTON - Pro-affirmative action demonstrators bearing "Fight For Equality" placards descended on the Supreme Court Monday as justices prepared to hear fresh arguments in cases testing when race may be used as a basis for assigning students to public schools.

Parents in Louisville, Ky., and Seattle are challenging school assignment plans that factor in a student's race in an effort to have individual school populations approximate the racial makeup of the entire system. Federal appeals courts have upheld both programs.

On the sidewalk in front of the Supreme Court, several hundred of pro-affirmative action demonstrators marched in a brisk wind to dramatize their issue. A parent-teachers group from Chicago and several civil rights groups were among those sponsoring the demonstration.

Demonstrators chanted "Equal education, not segregation" and "We won't go to the back of the bus, integration is a must." Some held signs that read "Stop racism now." Among the crowd were representatives of the
National Organization for Women, the NAACP and students from Howard University.

"It's ridiculous to separate us. We worked hard to get everyone together. Why separate us now?" said Jade Johnson, 15, of Washington D.C., who attends Theodore Roosevelt Senior High School in the district. Johnson said she came to the demonstration instead of going to school.

Though outnumbered, there were some in the crowd from the other side.

"Regardless of how well-motivated, allowing the state to engineer racial mixing only creates racial stereotypes and increases racial tension," said Terry Pell, president of the Center for Individual Rights, a public interest law firm. "The court needs to put an end to state-mandated tinkering with race."

The school policies in contention are designed to keep schools from segregating along the same lines as neighborhoods. In Seattle, only high school students are affected. Louisville's plan applies systemwide.

From a NY Times editorial:

The Louisville and Seattle plans are precisely the kind of benign race-based policies that the court has long held to be constitutional. Promoting diversity in education is a compelling state interest under the equal protection clause, and these districts are using carefully considered, narrowly tailored plans to make their schools more diverse.

It is startling to see the Justice Department, which was such a strong advocate for integration in the civil rights era, urging the court to strike down the plans. Its position is at odds with so much the Bush administration claims to believe. The federal government is asking federal courts to use the Constitution to overturn educational decisions made by localities. Conservative activists should be crying “judicial activism,” but they do not seem to mind this activism with an anti-integration agenda.

If these plans are struck down, many other cities’ plans will most likely also have to be dismantled. In Brown, a unanimous court declared education critical for a child to “succeed in life” and held that equal protection does not permit it to be provided on a segregated basis. It would be tragic if the court changed directions now and began using equal protection to re-segregate the schools.

LA cops file suit over ticket quotas

2006-11-28T08:22:00.000-06:00

As reported by the Los Angeles Police Protective League:

Los Angeles Times

By Patrick McGreevy
Times Staff Writer

A group of Los Angeles police officers in the north San Fernando Valley has filed a class- action grievance alleging that they have been improperly pressured by the command staff to meet quotas in writing traffic tickets.

The grievance was raised by the Police Protective League on behalf of 30 officers working at the Los Angeles Police Department's Devonshire Division.

Hank Hernandez, a lawyer for the union, confirmed Friday that the grievance was filed with the division because of concern that officers were facing potential harm to their careers if they failed to increase the number of tickets they wrote.

"It's an attempt to coerce and threaten officers to get them to write more tickets," Hernandez said.

And we were always told there are no quotas in writing traffic tickets.

Texas Legislators Attack Illegal Immigrants

2006-11-16T15:56:00.000-06:00

From the New York Times:

HOUSTON, Nov. 15 — In a sign of rising passions over immigration issues, Texas lawmakers prepared for the 2007 session this week by filing a flurry of bills that would deny public assistance and other benefits to the children of illegal immigrants, tax money transfers to Mexico and the rest of Latin America and sue the federal government for the costs of state border control.

At the same time, a Dallas suburb, Farmers Branch, became the first Texas municipality to enact measures fining landlords who rent to illegal immigrants, authorizing the police to seek certification to act on behalf of the Department of Homeland Security and declaring English the city’s official language.

Many of the bills are unlikely to become law, but, combined with the Farmers Branch action, they have raised questions about whether Texas, where almost a third of the population was listed as Hispanic in the 2000 census, is about to get caught up in the kinds of legal fights about illegal immigration that have occurred elsewhere.

“It’s awful,” said Brent A. Wilkes, the national executive director of the League of United Latin American Citizens, the nation’s largest and oldest Hispanic rights group. “Texas for a long time has avoided this anti-immigrant hysteria.”

We must remember this is the state that has executed women, children and the mentally challenged.

Rapist to be slapped

2006-11-10T09:55:00.000-06:00

Another reason it's good to live in America.

Upset with a police investigation into an alleged rape of a deaf, mute woman, village elders in India took matters into their own hands.

Lacking arrest powers, the elders nonetheless found the man guilty of rape, levied a fine and sentenced him to be slapped in public 51 times.

Police say their investigation is continuing.

Curtains for 'See Clearly Method'

2006-11-06T10:29:00.000-06:00

Vision Improvement Technologies, Inc. has been ordered by an Iowa court to pay $200,000 in consumer restitution for consumer fraud.

Exerpt:

The court order resolves a consumer fraud lawsuit filed last year by Iowa Attorney General Tom Miller, which alleged that the company could not substantiate claims that the "See Clearly Method" improved people's vision so much that they would no longer need glasses or contact lenses.

The "See Clearly Method" was a kit of manuals, charts, videos and audio-tapes demonstrating eye exercises and other techniques, such as focusing eyes using special charts or props, facing a bright light with eyes closed at a distance of a few inches, covering eyes with hands for sustained periods, and applying hot and cold wash cloths over closed eyes.

The company sold tens of thousands of the kits for about $350 apiece.

"The company made dramatic claims for its product that it could not substantiate," Miller said.

"They represented that consumers who used the method could quickly and easily free themselves of having to wear glasses or contact lenses. They used illegal tactics including exaggerated claims of effectiveness, false implications of scientific validity, and misleading consumer testimonials in advertising," he said.

Read Article

Law Denies Benefits to Newborns

2006-11-03T09:36:00.000-06:00

Seems that the Deficit Reduction Act, passed last February is being used by the federal government to deny medical care to babies born to illegal immigrants, according to an article in The New York Times.

Exerpt:

Marilyn E. Wilson, a spokeswoman for the Tennessee Medicaid program, said: “The federal government told us we have no latitude. All states must change their policies and practices. We will not be able to cover any services for the newborn until a Medicaid application is filed. That could be days, weeks or months after the child is born.”

About four million babies are born in the United States each year, and Medicaid pays for more than one-third of all births. The number involving illegal immigrant parents is unknown but is likely to be in the tens of thousands, health experts said.

Doctors and hospitals denounced the policy change and denied that it was required by the new law. Dr. Jay E. Berkelhamer, president of the American Academy of Pediatrics, said the policy “punishes babies who, according to the Constitution, are citizens because they were born here.”

New Jersey Considers Ban on Aluminum Bats

2006-11-02T10:53:00.000-06:00

In an effort to cut down on the possibility of traumatic brain injuries, shattered faces and other injuries during Little League baseball games, New Jersey is considering a ban on aluminum bats.

As one would expect, bat makers, Little League officials and others are against it.

Stephen D. Keener, president and chief executive officer of Little League Baseball and Softball, said rules requiring metal bats be similar to wooden ones have cut injuries to pitchers hit by batted balls. He said Little League had 170 million at-bats last year and 22 injuries to pitchers, down from 145 in 1992.

“If this was in our opinion a safety issue, we should be leading the way on changes,” Keener said. “There is an insignificant difference between the non-wood bats that are used today and the wood bats they are tested against.”

Former major league catcher and Princeton University baseball coach Scott Bradley said banning metal bats would cut participation in youth baseball.

“I think we’re going to take a lot of opportunities and a lot of fun away,” Bradley said.

In our opinion, the prevention of a major injury to a young child is worth the ban.

Police Kill Teen with Stun Gun

2006-10-31T12:00:00.000-06:00

From the Associated Press:

JERSEYVILLE, Ill. - A teenager carrying a Bible and shouting "I want Jesus" was shot twice with a police stun gun and later died at a St. Louis hospital, authorities said.

In a statement obtained Tuesday by The Associated Press, police in Jerseyville, about 40 miles north of St. Louis, said 17-year-old Roger Holyfield would not acknowledge officers who approached him and he continued yelling, "I want Jesus."

Police tried to calm the teen, but Holyfield became combative, according to the statement. Officers fired the stun gun at him after he ignored their warnings, then fired again when he continued struggling, police said.

Holyfield was flown to St. Louis' Cardinal Glennon Hospital after the confrontation Saturday; he died there Sunday, police said.

Florida executes serial killer

2006-10-26T09:36:00.000-05:00

Florida seems to have more than its fair share of executions and serial killers.

Yesterday, they executed Danny Harold Rolling, who was convicted of killing, sexually assaulting and mutilating the bodies of five college students in Gainesville in August 1990.

Read the story.

24, That's How Long

2006-10-24T09:58:00.000-05:00

Update to yesterday's post:

Jeffrey K. Skilling, former Enron CEO sentenced to 24 years in prison

Couldn't have happened to a more deserving man.

Former Enron CEO to find out how long

2006-10-23T10:11:00.000-05:00

Ex-CEO Jeffrey Skilling will find out today just how long he will have to spend in prison for his part in the financial collapse of Enron.

Ken Lay showed him a way out:

His co-defendant, Enron founder Kenneth Lay, died from heart disease on July 5. Lay's convictions on 10 counts of fraud, conspiracy and lying to banks in two separate cases were wiped out with his death.

Hmmmm......

Seven guilty pleas in corpse scheme

2006-10-19T14:04:00.000-05:00

Seven funeral home directors secretly entered guilty pleas in a plot to steal tissue and organs from corpses to sell to biomedical companies, according to prosecutors in Brooklyn, NY.

Neither the charges nor their names were released. They are cooperating in the investigation.

Exerpt:

The seven entered their pleas in closed courtrooms and their names were withheld, but defense attorneys said that among those cooperating was the director of a funeral home that took parts from the body of "Masterpiece Theatre" host Alistair Cooke, who died in 2004.

The four original defendants in the case pleaded not guilty on Wednesday to enterprise corruption, body stealing and other charges in the new indictment. If convicted, they face up to 25 years in prison. All remain free on bail.

Prosecutors allege Michael Mastromarino, owner of Biomedical Tissue Services of Fort Lee, N.J., and three other men secretly removed skin, bone and other parts from up to 1,000 bodies from funeral homes, without the permission of families. They have accused the former oral surgeon of making millions of dollars by selling the stolen tissue to biomedical companies that supply material for common procedures including dental implants and hip replacements.

Bush Grants Pardon ... to Himself

2006-10-18T05:34:00.000-05:00

According to Elizabeth Holtzman, former U.S. congresswoman from New York and co-author of the special prosecutor law enacted in the midst of Watergate,President Bush has just signed his own pardon.

The bill countenances abuse of detainees in defiance of the Geneva Conventions and the country's past moral values and it suspends habeas corpus in defiance of the constitution. As bad as these features is the bill's grant of a pardon to President Bush and his top Cabinet officials for any crimes they may have committed under the War Crimes Act of 1996.

When a president violates the country's criminal laws and then gets a secret grant of immunity for those crimes, he makes a mockery of the rule of law. Then all lawlessness is permissible.

Read her entire statement here.

Judge Bucks Bush Administration

2006-10-17T06:06:00.000-05:00

U.S. District Judge John G. Koeltl bucked the Bush administration by sentencing prominent civil rights lawyer Lynne Stewart to "only" 28 months in prison instead of the 30 years administration prosecuters wanted.

Oh, yeah, the judge also let her remain free on bond by appealing her conviction.

McDonald's on hot seat again

2006-10-13T11:14:00.000-05:00

A lawsuit has been filed in Los Angeles alleging McDonald's french fries of causing a severe allergic reaction in an autistic boy.

Seems that the fast-food chain had admitted earlier that their earlier claims of their french fries being free of allergens was not entirely true; the oil they are fried in contains gluten and casein.

According to a Court TV report:

The complaint alleges fraud, false advertising and negligent misrepresentation by McDonald's Corp. and McDonald's Restaurants of California and seeks $15,000 for Roman Brown's medical expenses, along with a share of profits made by the company for the alleged misrepresentation and unspecified compensatory and punitive damages.

The plaintiffs also are asking for certification of the lawsuit as a class-action on behalf of other autistic children who they allege may have been similarly harmed.

"In most cases, elimination of gluten and casein from an autistic child's [diet] results in dramatic improvements in the child's condition, often enabling the child to attend mainstream educational programs in a matter of months,'' the suit states.

The complaint was filed in L.A. Superior Court by Richard Brown, who was id entified as the boy's guardian. The court papers do not state the relationship between the guardian and the child, nor specify the child's age.

Court Orders Grace to Pay for Clean Up

2006-10-11T09:35:00.000-05:00

From The Los Angeles Times:

The Supreme Court on Tuesday let stand lower court rulings that require W.R. Grace & Co. to pay a $54.5-million federal bill for asbestos cleanup in a Montana mining town described by federal regulators as one of the nation's most contaminated Superfund sites.

The court rejected Grace's appeal of a decision in favor of the Environmental Protection Agency, which sued Grace five years ago to recover the cleanup costs at a vermiculite mine in the town of Libby.

Anyone who hasn't seen this documentary, should.

Appeals Court Allows Admistration to Continue Spying

2006-10-05T10:25:00.000-05:00

The 6th U.S. Circuit Court of Appeals is allowing the government's warrantless surveillance program to continue while the Justice Department appeals a federal judge's ruling that the spying is unconstitutional.

Exerpt:

The unanimous ruling from a three-judge panel of the 6th U.S. Circuit Court of Appeals gave little explanation for the decision. In the three-paragraph ruling, judges said that they balanced the likelihood an appeal would succeed, the potential damage to both sides and the public interest.

U.S. District Judge Anna Diggs Taylor in Detroit ruled Aug. 17 that the program was unconstitutional because it violates the rights to free speech and privacy and the separation of powers in the Constitution.

The Justice Department had urged the appeals court to allow it to keep the program in place while it argues its appeal, claiming that the nation faced "potential irreparable harm." The appeal is likely to take months.

"The country will be more vulnerable to a terrorist attack," the government motion said.

Here's an interesting point made in the news account: "A secret court has been set up to grant warrants for such surveillance, but the government says it can't always wait for a court to take action."

As many understand Foreign Intelligence Surveillance Act of 1978 the government has the ability to initiate electronic surveillance without a court order and still have 15 days to go before the secret court to get the proper warrant.

However, this only applies when Congress has formally declared war.

The problem is that the current administration claims they have the authority to conduct warrantless searches without any court oversight at all, with which many legal and constitutional scholars (and at least one federal judge) disagee.

Could they avoid all this legal wrangling by having Congress issue a formal declaration of war on terror? Who is terror? What is terror? How do you declare war on terror?

It makes our brain hurt.

Blogger Beware

2006-10-04T11:06:00.000-05:00

One would think common sense would dictate whether one would engage in libel on the blogosphere, but then again ...

Exerpt:

The legal battles over blogging and message board postings are unfolding on several fronts:

•In Washington, D.C., former U.S. Senate aide Jessica Cutler was sued for invasion of privacy by Robert Steinbuch, also a former Senate aide, after Cutler posted a blog in 2004 describing their sexual escapades. The blog, titled Washingtonienne, was viewed widely after it was cited by a Washington gossip website called Wonkette. In July, Steinbuch added Wonkette to the lawsuit.

•Todd Hollis, a criminal defense lawyer in Pittsburgh, has filed a libel suit against a website called DontDateHimGirl.com, which includes message boards in which women gossip about men they supposedly dated. One posting on the site accused Hollis of having herpes. Another said he had infected a woman he once dated with a sexually transmitted disease. Yet another said he was gay. Hollis, 38, who says the accusations are false, is suing the site's operator, Tasha Joseph, and the posters of the messages.

•Anna Draker, a high school assistant principal in San Antonio, filed a defamation and negligence lawsuit against two students and their parents after a hoax page bearing her name, photo and several lewd comments and graphics appeared on MySpace.com, the popular social networking website.

Update on LA Homeless

2006-10-04T08:58:00.000-05:00

There's more than one way to solve the homeless problem.

Now that the Los Angeles City Council has voted down an agreement between the city and the ACLU concerning the homeless, the LAPD, with the blessing of the city attorney, has resumed arresting people sleeping on city streets during the day.

The LA Times reports:

Police Chief William J. Bratton said he authorized the arrests after the L.A. city attorney's office issued a legal opinion saying that officers could arrest homeless people who slept on skid row's streets during the day.

But the new tactics were met with concern from some L.A. council members as well as the American Civil Liberties Union, which has aggressively challenged the city's efforts to remove the homeless camps.

Catherine Lhamon, racial justice director of the ACLU of Southern California, questioned whether the arrests made Tuesday are allowed under an April federal appeals court ruling that struck down the city's ban on people sleeping on streets and sidewalks.

Over-zealous Agent Facing Lawsuit

2006-10-04T08:29:00.000-05:00

A Golden, Colorado, man has filed a federal lawsuit against a Secret Service agent for "unlawful seizure, unlawful search and retaliation for exercising his constitutional right to free speech."

According to the Denver Post:

Steven Howards, 54, a consultant to non-profit organizations, was vacationing with his family in Beaver Creek when he spotted Cheney in an outdoor mall shaking hands and posing for photos. Howards and his son walked over and told Cheney that his policies in Iraq are "reprehensible."

Howards said he may have touched Cheney on the elbow or shoulder, like others in the crowd.

Howards kept walking to his son's piano lesson. He returned to the spot about ten minutes later with another son, and that's when Secret Service agent Virgil Reichle handcuffed and arrested Howards for assaulting the vice president.

The charge was later reduced to harassment, then dismissed in Eagle County Court a month later.

As is often the case in such matters, this is probably not the full story, but we guess when the vice president crawls out of his "undisclosed location" agents charged with guarding his life must feel tremendous pressure to keep him safe from things he doesn't want to hear.

Remember the physician on the Gulf Coast last year who told Cheney to go f**k himself? He was not arrested, but that's probably because he said something the veep could understand.

Using words of more than one syllable will get you in trouble.