Constitutional/Criminal/Labor: Was the D.C. Circuit’s Reinstatement of Charges Against Blackwater Contractors Legally Correct?
April 24, 2011 / by joe chater / in Constitutional Law Matters, Criminal Law Matters, Employment Law, Halifax Law Articles
Without necessarily attempting to overstate my personal relief over the reinstatement of the charges by the D.C. Circuit, I am turned on to the opinion more for its interpretation upon the precedent in Kastigar v. U.S. As I have used Kastigar and its principles to assist in the defense of police and firefighters who have been compelled to provide s
Read moreLast Evening’s Federalist Society Debate
Well, it was — to say the least — an interesting occasion. In all honesty, I had believed that there was going to be a deep, analytical discussion/debate regarding the Commerce Clause, especially in the context of the Affordable Care Act (“ACA”) and its health care mandate. Instead, it developed into a much more generalize
Read moreNotice of Speaking Engagement
On Thursday, April 21, 2011, at 6pm, I will be debating another individual, a labeled “conservative scholar” on the subject of the Commerce Clause, as it applies to Congressional action on health care and federal bailouts. The debate is being sponsored by the Orange County Chapter of the Federalist Society, and will be held at the Cit
Read moreIs It Possible for There to Be a Filibuster within the United States Supreme Court?
Acknowledgment to Concurring Opinions, where Gerald Magliocca ponders the prospect of 4 justices being able to filibuster, and thus prevent the Supreme Court from issuing a particular decision. Absolutely fascinating prospect in this day and age of reactionary judicial decision making from the Extreme Right. It could serve, at a minimum, to mod
Read moreOpen Forum: Sexting Issues Discussion
April 8, 2011 / by joe chater / in Constitutional Law Matters, Criminal Law Matters, Halifax Law Articles
Last evening, some of the students in my Constitutional Law II course at UCF asked several, challenging questions regarding the constitutional prohibition on child porn, and the enforcement mechanisms used by the States on sexting offenses. For those unaware, “sexting” is the process of text messaging to another various sexually expli
Read moreConstitutional/Civil Rights: Justice Thomas and the Meanness (and Irrationality) of His Connick Opinion
April 6, 2011 / by joe chater / in Constitutional Law Matters, Criminal Law Matters, Halifax Law Articles
This Court term is getting progressively worse. I am incredulous; a warping of the facts, a defense of prosecutorial misconduct, and a complete vacuum of sympathy or empathy to the individual almost put to death. http://www.slate.com/id/2290036/pagenum/all/ Special acknowledgment to Slate.com and its reporter, Dahlia Lithwick: In 1985, John Thomp
Read moreAnother Horrific Decision By an Agenda-Driven Plurality of the Supreme Court
Acknowledgment to Jurist.org. The Arizona Christian School decision is another blow to taxpayers seeking to vindicate First Amendment rights through the Courts, and follows on the heels of another poorly rationalized decision in Hein. Justice Kagan is right on the mark in her dissent. Unfortunately, this dissent will not prevent the ability o
Read moreCALL TO ACTION: FLORIDA’S JUDICIARY UNDER ATTACK
ON THIS OCCASION, I AM USING THIS BLOG SPECIFICALLY FOR PURPOSES OF HOPING THAT ANY/ALL OF MY USERS WILL EXERCISE THEIR RESPECTIVE (AND COLLECTIVE) POWERS TO INFLUENCE THE STATE LEGISLATIVE PROCESS. I DO SO BECAUSE OF THE SERIOUS, DIRE THREAT BEING POSED AGAINST THE JUDICIARY BY BOTH THE LEGISLATIVE AND EXECUTIVE BRANCHES. BELOW, IS AN EMAIL RE
Read moreConstitutional/Civil Rights: Defense Department Attorneys Attempt to Justify Military Commissions By Equating Al Qaeda with Native Americans
Insanity? To quote Sarah Palin, “you betcha!” Absolutely ridiculous argument by DoD attorneys, with racist analogy, and without any basis in historical fact or legal precedent. Read on …. Credit to Jonathan Hafetz and the blog Concurring Opinions: http://www.concurringopinions.com/archives/2011/03/the-pentagon-likens-nativ
Read moreCivil Rights: Eighth Circuit Holds that Student Suffering ADHD, Bipolar and Conduct Disorders is “Child with Disability” Under IDEA
Hansen v. Republic R-III Sch. Dist., ____F.3d____(8th Cir. Jan. 21, 2011). The Eighth Circuit held that a student suffering from ADHD, bipolar disorder, and conduct disorder is “a child with a disability” within the meaning of the Individuals with Disabilities Education Act (IDEA) and, therefore, eligible for special education services under th
Read more