Constitutional/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 moreCriminal Law: Florida City’s Law Enforcement Relying Upon Skype and Email to Obtain Warrants
I am still uncertain of what to make of this. Apparently, police in Palm Bay, a medium-sized town located in Brevard County, Florida (Brevard County also being the location of Cape Canaveral/Cape Kennedy), are using email and Skype to obtain warrants — while still on the scene. There are obvious advantages for law enforcement attempting t
Read moreLabor/Employment: Significant Oral Argument Today in Walmart Stores v. Dukes
Acknowledgment to SCOTUSBlog for this succinct preview into this important case — one which tests Walmart’s notion that it is too big to be sued under the Civil Rights Act. Oh, boy …. ______________ Background It is a fact of life in a complex industrial society that lawsuits can grow very complex, very expensive, and wearying i
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 moreCitizens United Redux? This Week, the Supreme Court Takes Up McComish v. Bennett
McComish v. Bennett is coming before the Supreme Court this week — a test of the constitutionality of Arizona’s Clean Elections law. Will McComish constitute a return to sanity, or one more dreadful step toward complete corporate manipulation of our electoral system? A couple of comments: From Doug Kendall – http://www.huffing
Read moreRemembering Triangle Shirt Factory Fire – 100 Years Later
Courtesy of New Deal 2.0: Their sacrifice can live on if we fight for the reforms sparked by their deaths. The names of the of the victims of the Triangle fire mean more to me than most Americans. Having lived most of my life in Italian and Jewish neighborhoods in and around New York City, I feel as though I know these people. Their faces were face
Read moreGood News: Supreme Court Denies Review in Campaign Finance Case – Regulations on Contributions Upheld
Press release just issued by the Campaign Legal Center. Considering the mess that is Citizens United, this denial of review comes as a bit of a relief. Yet, there will be no true return to democracy without an amendment overturning Citizens United (or a miraculous 180 by the Supremes), and the incorporation of even stricter controls on campaign
Read moreLabor: March 25 is 100th Anniversary of the Triangle Shirtwaist Factory Fire
Triangle Shirtwaist Factory Fire March 25, 2011, marks the 100th Anniversary of the Triangle Shirtwaist Factory fire where 146 people mostly immigrant Jews and Italians who worked in a locked sweat shop lost their lives. Additional coverage, here. The building still stands today in Washington Square, NYC. The building is currently owned by NYU. W
Read moreInternet Law/Privacy: Fascinating Article on the Ongoing Dangers Encompassed by the “Googlization” of Our Lives
Frank Pasquale’s review of the The Googlization of Everything reflects a capturing of a work that addresses the dangers of control over our identities, our location, the bare facts of our existence. This is not merely Orwellian in dimension but, per the book’s author, Siva Vaidhyanathan, Kafkaesque in dimension. Full credit to Pasquale
Read moreFederal Criminal Defense: Evidence of Post-Sentence Rehabilitation Admissible for Consideration on Re-Sentencing
Good decision, as the ability of a convicted federal offender to rehabilitate him/herself is likely a concern on the minds of several federal judges. Positive evidence of such rehabilitative efforts should be considered in an effort by the offender to mitigate the punishment that is to be (re)meted out. Again, credit to JURIST: http://jurist.or
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