Say WHAT?!?: The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period before 2000. It doesn’t mean that everyone convicted on the basis of hair evidence was actually innocent, although several … Read More
Trouble Brewing In Them Thar Hills
There is a dispute regarding property rights to gold mine in Oregon between the owners and the Bureau of Land Management (BLM). If only we had a mechanism to resolve land disputes in this country. Oh yes. The court system. But the allure of an armed conflict with federal agents has still proved irresistible to self-styled militia members who have flocked … Read More
The Indiana “Religious Freedom” Law Isn’t Like Past Laws
Last, week, Indiana Gov. Mike Pence stirred up controversy when he signed a “religious freedom” bill into law. The law has businesses and civil rights groups up in arms and threatening — or in some cases pledging — to boycott the state. Critics assert the law could be used by individuals and businesses to discriminate on the basis of religion — … Read More
Bad Cop
This is a long post, but it warrants it. It is an of just how bad our police are, even in a liberal city like Seattle. Many of these examples appear to involve racism, white cops misusing their authority over African-Americans. Examples are often dismissed by police supporters over some ambiguity or another. What makes the following example so compelling … Read More
Dear Concord NH Police Department
Seriously? You need that armored vehicle? It costs $258,000. Just sayin'. What's that you say in your application? "Groups such as the Sovereign Citizens, Free Staters and Occupy New Hampshire are active and present daily challenges," the application stated. In addition to organized groups, it cited "several homegrown clusters that are anti-government and pose problems for law enforcement agencies." Wow, … Read More
That Didn’t Take Long
TPM: Texas is wasting no time capitalizing on the Supreme Court’s ruling on the Voting Rights Act. Shortly after the high court issued a sweeping 5-4 decision Tuesday striking down a centerpiece of the historic 1965 law, Texas Attorney General Greg Abbott vowed to immediately implement a controversial voter ID law in the Lone Star State that was blocked last year by the now-gutted … Read More
DOMA and Prop 8: A Prediction
This week — probably Thursday — the Supreme Court of the United States (SCOTUS) will release its opinion on two cases dealing with same-sex marriage. One case challenges the constitutionality of the Defense of Marriage Act (DOMA). Section III of DOMA prevents the federal government from treating same-sex couples (those legally married under state law) as "married" for the purpose of … Read More
Supreme Court Preview: Same-Sex Marriage Cases
Two cases will be heard by the Supreme Court this week, starting tomorrow, which will have an impact (even if it is a wash) on same-sex marriage throughout the country. The first case is a 2008 ballot initiative in California known as Proposition 8, which defines marriage in the state constitution as a legal union of one man and one … Read More
Jersey Boys Case: No Copyright Infringement
This blog used to do a lot more law stuff — not so much anymore. But I wanted to point to a case which highlights my interest in copyright law. Today, the Ninth Circuit ruled against SOFA Entertainment in its lawsuit against Dodger Productions, the producers of "Jersey Boys". In Jersey Boys, a 7-second clip of Ed Sullivan (from the … Read More
More On Scalia And The Voting Rights Act
From TPM: In expressing his deep skepticism Wednesday for the constitutionality of a centerpiece of the Voting Rights Act, Justice Antonin Scalia questioned the motivations of Congress for repeatedly reauthorizing it since it was initially passed in 1965. “I don’t think there is anything to be gained by any Senator to vote against continuation of this act,” Scalia said during oral arguments in Shelby … Read More
Dumb Lawsuit of the Day, Or Is It?
One should always be careful when mocking a lawsuit. Several years ago, late-night comics joined the rest of the nation in mocking a woman who sued for McDonald's for "hot coffee". On its face, the suit sounded ridiculous, but in reality, it was not. So with that caveat in mind, I turn your attention to this: Retired Ohio teacher Maria … Read More
The Crazy Conservatives On The Supreme Court Have No Sense Whatsoever
Okay. Imagine this. You are a 35 year old man. One March day, you are a passenger in your family's SUV. Your pregnant wife is driving, and your 4-year-old son is in the back seat. You are driving to a Sunday dinner. Suddenly, you're stopped by a New Jersey state trooper. Since you are the vehicle's registered owner, the officer runs … Read More
Great Quotes From The 9th Circuit’s “Prop 8” Opinion
I think Judge Stephen Reinhardt enjoyed himself writing this opinion, given the way he (subtly) sticks it to the Prop 8 supporters: 1. "[M]arriage is the name that society gives to the relationship that matters most between two adults. A rose by any other name may smell as sweet, but to the couple desiring to enter into a committed lifelong relationship, … Read More
Baum Law Firm Closes
Never heard of the law firm of Steven J. Baum? Well, that law firm, located near Buffalo, represents banks and mortgage servicers when they attempt to foreclose on homeowners and evict them from their homes. It is the biggest law firm of its type in the State of New York. The firm has been denounced by consumers and consumer advocates for participating … Read More
HBO Documentary Looks At The “Hot Coffee” Case
You've all heard about the klutzy woman who sued McDonald's because her coffee was hot when she spilt it on herself? And how she won? That story is used repeatedly to show that lawyers are bad people who create frivilous and stupid lawsuits. A couple of years ago, I discussed the "McDonald's coffee" case, exposing it for what it actually … Read More