NY Judge: Torture no grounds to dismiss indictment - Yahoo! News

This article is about a Guantanamo Bay detainee brought to the United States for trial on charges he helped the bombing of two U.S. embassies in Africa while he was an aide to Osama bin Laden. He is claiming that he was tortured by the CIA and wants the indictment dismissed. I may not agree with all of the interrogation methods used by the CIA, but I have zero sympathy for terrorists.


NY Judge: Torture no grounds to dismiss indictment - Yahoo! News

Calif. woman pleads guilty in death of girl, 8 - Yahoo! News

I can't believe this woman got a deal! This article is about Melissa Huckaby, a California Sunday school teacher accused of kidnapping, raping and killing an 8-year-old playmate of her daughter, then stuffing the body in a suitcase who pleaded guilty Monday to murder. Even though she had other charges on her record, she was still able to get current charges of rape and lewd conduct with a child under 14 dropped, in addition to previous charges relating to 2 other cases! I find this absolutely disgusting!


Calif. woman pleads guilty in death of girl, 8 - Yahoo! News

Alleged pimp in Lawrence Taylor case charged

http://www.cnn.com/2010/CRIME/05/07/lawrence.taylor.rape.case/index.html


I chose this article because we talked about mirepresentation of age in chapter 9. Lawrence Taylor is an ex-NFL player with a criminal past. It is alleged that he had sex with a minor. This article adds a few details the story:

1.) The girl lied about her age
2.) According to his lawyer, LT didn't have sex with anyone

If it is proven that he did indeed sleep with her, I feel as though he should be punished whether she is legal or not just for being involved with prostituion. As for the statutory rape, I think he should get punished for that too. In this day and age, if you're irresponsible enough to have sex with someone you don't know, you better be prepared deal with the consequences.

Key hearings this week in Casey Anthony's murder trial

http://www.cnn.com/2010/CRIME/05/09/florida.casey.anthony.court/index.html

I picked this article because its a case I think we're all familiar with. For those of you who have been living under a rock, Casey Anthony has pleaded not guilty to the murder of her 2 year old daughter Caylee. The story was huge back in June 2008 when Caylee was considered a "missing child" and Casey was repeatedly caught in lie after lie. December of that same year Caylee's body was found within a mile of the Anthony home. The hearings this week will decide whether or not Casey is facing the death penalty.

In her case, I hope they don't cut her ANY slack. I'm not a death penalty advocate, but I cannot honestly say that life in prison is enough of a punishment.

Nokia vs. Apple... Again

The company Nokia is suing the Company Apple for infringing patents in the IPad and the new IPad 3G that is being released. The two companies have been feuding over patents for quite some time now and this IPad/IPad 3G is the latest lawsuit. The latest issue is Nokia feels that Apple is stealing new technologies that will enhance speech and data transmission. Technology advances so quickly and although Nokia might have a patent with certain things, maybe Apple comes up with certain aspects of technology that are slightly different for their products. I'm sure it happens with technology and electronics quite a bit. It has been such an ongoing thing with these two companies and Nokia keeps going on with it! I have posted a link below to fill you guys in on the issues involved with the two companies.

http://www.cnn.com/2010/TECH/05/07/nokia.sues.apple.mashable/index.html?section=cnn_latest

Paralyzed Man Sues Bar Being Too Drunk

A man in Vancouver is suing a resort because they served him too much alcohol which leads him to become paralyzed due to a drunken fall. Daniel Holt, 26, became legally paralyzed after falling down a staircase at Canada’s Whistler Mountain resort after being served too much to drink. Holt’s lawsuit that was filed in British Columbia Supreme Court said that the workers at Whistler’s resort served too much alcohol at a party that left Holt to be in “unsafe conditions.” Although there is no evidence that Holt was drinking at the party, he was at the top of a staircase with a number of people and fell from the staircase on to a concrete landing.

Holt’s lawyers believe that he should get reimbursed for his medical conditions and also that Whistler should be held responsible. Slips and falls are jurisdictional specific, it vary within different states and countries. Holt can win the case if the stairway he was standing above was an unforeseeable dangerous condition in which Whistler would be liable for. Although, since Holt is also holding Whistler liable for his drunken condition, I’m not sure if that’ll pass as he plans. I believe that you can not sue for being too drunk, but, the liquor license can be held liable. In order to prove that the bartenders at the bar were not paying attention to their customers need to proven by witnesses. It is very hard to prove the negligence of the bartenders and attendants. It’s really sad that Holt fell and hurt himself to that extreme, I’m not sure if he could really have the bar to blame.

http://www.upi.com/Top_News/International/2010/05/05/Paralyzed-man-sues-Whistler-resort/UPI-38811273089022/

Twin's court appearance for brother makes for double trouble

http://www.cnn.com/2010/CRIME/05/04/florida.twin.trial/index.html?hpt=Sbin

I chose this article because I thought it was funny! I can't believe that these men would be so stupid as to think they could fool the courts! I think it was very admirable for "Matthew's" attorney to come forward right away when he knew that his "real" client was not present in court. He could have ignored that weird feeling that he was getting but he didn't he acted on his gut instinct and did the right thing. I'm sure if he didn't follow his instinct he would have also been in some trouble as well. I just don't understand people today! People think they can do things but they don't THINK! These brothers deserve everything that was given to them for being so deceitful.

Third Wrongful-Death Suit Filed Over Oil Rig Explosion

Is Transocean liable in for workers killed or injured?

Workers who died or were injured as a consequence of the recent oil rig explosion are filing suit against Transocean Ltd. "The lawsuit alleges that the Deepwater Horizon was unseaworthy, that it wasn't properly maintained and that those who oversaw its operations failed to meet federal safety standards."

http://finance.yahoo.com/news/Third-WrongfulDeath-Suit-law-1280428024.html?x=0

Vermont slaughterhouse cleanup bill stalls

More about laws and regulation affecting businesses -- in this case, the meatpacking industry in Vermont.

A Senate-passed bill would sharply increase fines and penalties for slaughterhouse abuses and calls for repeat offenders to be shut down permanently. However, the bill is unlikely to pass this year. State Agriculture Secretary Roger Allbee said in an interview that the bill "likely would severely harm a fledgling slaughterhouse industry his agency has been trying to promote as more Vermonters appear interested in buying locally grown meats."

These measures are in response to allegations that a Grand Isle slaughterhouse mistreate calves also had numerous food safety violations. "The issue emerged last fall when the Humane Society of the United States released video recorded by an investigator working undercover at the Bushway slaughterhouse. It appeared to show calves being skinned alive, having their throats cut while conscious, being kicked and shocked with an electric prod and other abuses."

http://finance.yahoo.com/news/Vermont-slaughterhouse-apf-1544255443.html?x=0

Peta Investigation Prompts Federal US Arrest Warrant For NZ Animal Dealer

http://www.voxy.co.nz/national/peta-investigation-prompts-federal-us-arrest-warrant-nz-animal-dealer/5/47392

Stemming from a Peta investigation, more than 26,000 animals have been seized from US Global Exotics. Owner Jasen Shaw is now on the run from the US government and is under investigation for numerous violations of US Lacey Act (a wildlife protection law), including smuggling, conspiracy, and aiding and abetting.

"Federal wildlife laws protect species from over-exploitation and ensure humane transport of live animals in trade," said Special Agent-in-Charge Nicholas Chavez, who oversees US Fish and Wildlife Service law-enforcement operations in the Southwest.

I picked this article because I'm obviously very interested in animal rights. Again, I hope this guy and his wife get the worst punishment possible. A few years back, I myself bought my dog from a pet store. Don't get me wrong I love her, but I should have done my research. This isn't a case about dogs, but knowing what happens to the exotics makes me agry that I put money in a petstore's hands. If you don't know anything about the illegal pet trade and are interested in buying a pet here's some more info: http://www.peta.org/pettrade/learn-more.asp

If you're looking to adopt try petfinder.com. There are literally thousands of pets waiting for you to take them home.
http://www.petfinder.com/pet-search?animal_type=&pet_breed=&location=19056&distance=0 (animals in bucks county, pa)

Police seize 31 cats from locked boxes

http://www.upi.com/Top_News/US/2010/05/05/Police-seize-31-cats-from-locked-boxes/UPI-62231273076590/


Here's another disgusting case of animal cruelty. Police found 31 cats in small, wooden, locked boxes. The boxes were screwed shut and had tiny vents (that served no purpose as the vents were covered by the boxes being stacked one on top of the other). Animal control seized all 31 cats and 2 dogs.

Of course the residents are only being misdemeanor, which doesn't surprise me at all. I've said it once and I'll say it again, we need harsher punishments for animal cruelty, stronger laws to protect animals, and more advocates to speak out on their behalf.

Grandma arrested for teen slap

http://www.upi.com/Odd_News/2010/05/04/Grandma-arrested-for-teen-slap/UPI-69641272992704/

An 18 year old girl went over to her grandmother's house to do homework. Instead of completing her assignments, she decided to repeatedly throw the "Fbomb" at her 73 year old grandmother. The grandmother alledges that the girl then proceeded to punch her in the face. Instead of the teen being arrested, the grandmother was. She said "she has to wait until her next court date, which has not been set, to find out if the charges against her will be pursued".

I picked this article because I thought it was hilarious. If I would have ever used the f-word in the presence of my grandmom, I probably would never see the light of day again. And if the cops came to arrest her, she probably would have been the one throwing fists. This whole case is stupid and I hope that the charges against the grandmother are dropped.

Lawyer calls lacrosse player's death an accident

This article deals with the UVA women's lacrosse player who was killed by an UVA men's lacrosse player and is being charged with first degree murder after his lawyer said the death was an accident. I chose this article because it is a very recent tragic event happening at the moment and also because it deals with people who around the age of most of us.

At first it was expected that her death was related with possible alcohol overdose but after further investigation it was found she was a victim of a lot worse. This is something that is definitely a nightmare in every girl's life because no one wants to be the victim of assault, abuse, or etc. at the hands of guy that they are friends with or even a stranger and this is obviously the situation that unfortunately occurred at the UVA campus.

http://www.cnn.com/2010/CRIME/05/04/virginia.lacrosse.yeardley.love/index.html

Wal-Mart to pay millions in waste case

More about corporate irresponsibility and liability:

"Wal-Mart Stores Inc. has agreed to pay $27.6 million to settle allegations that it improperly handled and dumped hazardous waste at stores across California..." and "officials have been looking into similar violations at other big-box stores, including a pending investigation into Target Corp. "

http://www.msnbc.msn.com/id/36918854/ns/us_news-environment/

Legislation in place to encourage businesses to be mindful of environmental hazzards include existing environmental laws, such as the Clean Water Act, Clean Air Act, RCRA and Superfund.

http://www.sbnonline.com/Local/Article/15107/82/181/Environmental_liability.aspx

WEST VIRGINIA MINING DISASTER - Tragedy Follows Inaction on Known Risks

In a recent, tragic West Virginia mining accident, twenty-nine people were killed. It has been said that an accident like this is preventable and should never have happened. The reason is this: following the disaster, it was revealled that the mine "was cited more than 50 times in the last month alone for uncorrected safety violations. 12 citations were for problems with ventilation and preventing methane gas buildup." It appears that this tragedy "was the result of a corporate refusal to correct known dangers."

http://www.productliabilitylawblog.com/2010/04/west_virginia_mining_disaster.html

Here's an interesting look at how tort laws vary in different states. As a consequence of a recent Ohio Supreme Court Case, "under current Ohio law, an employer is not liable for injuries or deaths to injured workers unless the employer specifically intended to injure or kill them--the same standard of proof required to prove a murder. This law was passed by the Ohio legislature in 2005 as part of 'tort reform' legislation." The reasoning behind this reform is that reducing the liability for businesses in this way produces a "predictable legal climate" in Ohio that is attractive to businesses. What do you think? Is this good practice to attract industry or a throwback to Upton Sinclair's "The Jungle?"

http://nwbullseye.blogspot.com/2010/04/west-virginia-mine-disaster-no.html

Federal Law to Limit BP Liability in Oil Spill?

"The Obama administration may have a tough time making British Petroleum pay for all the cleanup costs of the Gulf Coast oil spill. BP has agreed to pay those costs, but the law sets a liability cap for oil companies at $75 million. The cleanup costs and the losses for fisherman and other industries are expected to exceed that amount."

Will other industries or businesses, such as fishing, be able to sue BP for damages? Do oil companies have liability insurance for destruction to the environment that badly affects other businesses and individuals?

http://www.cbn.com/cbnnews/us/2010/May/Federal-Law-to-Limit-BP-Liability-in-Oil-Spill/

Apparently, BP had been asking fisherman to sign wiavers that would limit BP liability. Secretary of Homeland Security Janet Napolitano told "Good Morning America" today that it was unacceptable for BP to ask fishermen it hired to help with the cleanup of the Gulf oil spill to sign waivers that would limit the company's liability, and the practice is now stopped.

"They [BP] are going to pay for the federal government's cost, for the states and most importantly for the individuals and communities that are going to be most directly impacted," Napolitano said.

Unless it's over $75 million?

http://abcnews.go.com/GMA/oil-spill-spreads-gulf-bp-calls-liability-waivers/story?id=10536850

Court: Wal-Mart gender pay lawsuit can go to trial

http://www.cnn.com/2010/CRIME/04/26/walmart.suit/index.html

I picked this article because it relates to Employer-Employee relationships that we discussed in Chapter 22. The articles is about the largest class-action employment lawsuit in U.S. history. A decision against Wal-mart could cost the retailer billions... It's sad that as a nation we've come so far with equailty and still discrimination remains...

Family Returns Adopted Russian Son

A couple from Virginia adopted a severely disabled Russian child and has now sued the adoption agency saying “it deceived them.” The newspaper has recently reported that the couple is suing because of alleged misrepresentations concerning the adoption of their son Roman, who is 8 years old. The couple adopted Roman in 2004, and are filing a “complaint,” and or suit 4 years after adopting him. The couple has reported saying the due to the child’s intelligent level he requires attention all day and that it has destroyed their family. The family had made it clear in the beginning of the adoption process that they were willing to take care of child with mild disabilities. However, Roman was never cleared from any doctors of his condition. The court papers do have legal copies and recognitions of the conditions of Roman and how the family was unaware of how sever his condition was because of the lack of communication from the adoption agency.

At this point, I guess the family wants to return this child they were taking care of for over 5 years. I’m sure it will be very hard for the family to give up this child because of the emotional attachment they have towards each other. I feel the court will take in to consideration how Roman could have now been attached to his now parents and how it could be a negative effect for him if he is not with them anymore. If the child was so “severely disabled” he had to of showed actions early on the adoption. How has the family realized over four years later that the child’s condition is too much for them to handle?

http://www.upi.com/Top_News/US/2010/04/29/Russian-adoptee-allegedly-ruining-home/UPI-25831272574535/

Man Sues Company Over Vitamin D Overdose

Gary Null, a man from New York, has sued a New Jersey based manufacturer say he almost died from taking too much Vitamin D. Null is seeking $10 million from Triarco Industries Inc. over his Vitamin overdose that almost caused him death. Null had suffered from symptoms including pain and fatigue and continued taking the “Ultimate Power Meal” because he thought “it would help him and relieve his condition.” The overindulgence of this vitamin was taking over his body very negatively. According to his doctor, Null was ingesting 2,000 times the recommended dose of Vitamin D and 1,000 times what the “power meal” was suppose to contain.
Null can sue if the product (vitamin) was manufactured unsafely some how, although, if the “recommended dose” on the side of the packaging had advised not to take as much as Null did, that might not have a promising debate for Null. Although, vitamins and medications are different from products such as car brakes, seat belts, etc., there still is someone responsible behind the product.

http://www.upi.com/Health_News/2010/04/28/Health-guru-sues-over-Vitamin-D-overdose/UPI-27541272476523/

Rosetta Stone Looses Against Google

Foreign language education company Rosetta Stone has lost its court case against Google for allowing rival advertisement copycat software when Rosetta Stone trademarks were used in “search” terms. Rosetta Stone Inc. was completely shocked and “deeply disappointed” in the decision of a U.S. District Court. Rosetta Stone believes that Google is aware of counterfeit software being advertised and isn’t taking effective steps to stop activity. Google responds that the uses of trademarks as search words are completely legal and all Google users have a chose of choosing a variety of competing advertisers with no evidence of confusing customers.

The court has set a new action for Google and if the test goes well then Google should be fine as long as they’re aware of misuses of an ad quickly. Rosetta Stone is considering an appeal upon reviewing the court’s written decision and will most likely have this issue taken to court again.

http://news.yahoo.com/s/ap/20100430/ap_on_hi_te/us_rosetta_stone_google_2

Brother Gets Sued By Brother Over Bone Marrow

A Florida resident is suing his own brother over him not donating bone marrow after it was allegedly planned to do so. David Dreier, 48, who has leukemia, was expecting a bone marrow donation from his brother, who he had given $37,500 in exchange. Dreier told the courts that his brother is now not willing to give up the bone marrow and also the money. Michael Drier, the brother, is saying that he is not medically capable of giving up the bone marrow and that the money was a loan that had no ties with the exchange of the bone marrow.

According to the law, it is illegal to buy or purchase bone marrow so the deal was never legal and couldn’t have been taken to court officially. If the deal was in regards only to the $37,500 loan not being paid back, David could have taken Michael to court if they had written documentation of the loan, along with their signatures.

http://www.upi.com/Top_News/US/2010/04/28/Man-sues-brother-for-bone-marrow/UPI-48481272465619/

Child abuser gets prison time doubled

A man who abused his 3 year old which led to great bodily bleeding was convicted the other days for child abuse. His sentenced was doubled when it was found out that he had an outstanding felony conviction. The man is facing up to 15 years and his sentencing is scheduled for June 25th.

As I haven't commented on before and posted articles about I feel as if crimes against child such as child abuse and sexual crimes should hold a heavier penalty. With the previous felony the man's sentencing was doubled to up to 15 years meaning the maximum sentencing was for about 7 or 8 years. This means that this people get a second chance to be out and around kids because who knows if the man will get a position after jail time to work with kids which gives him the opportunity to do more harm to children.

The article is not the full article that was available in the area newspaper but feel free to add comments on this situation.

http://www.vvdailypress.com/news/time-18917-abuser-victorville.html

Harrisburg, Pennsylvania, Council Told to Consider Bankruptcy

http://www.bloomberg.com/apps/news?pid=20601109&sid=ab6OQc35weDI&pos=14

Harrisburg politicians are seriously considering bankruptcy as a way of getting around paying Covanta Holding Corp (a New Jersey based company) for an incinerator. The Pennsylvania state government has already missed hundreds of thousands of interest payments on bonds which is rather indicative of both the state government and the individuals who are part of it. If Washington and Harrisburg are to expect American citizens to be fiscally responsible, why shouldn't we expect the same from them? If Harrisburg does file for Chapter 9 Bankruptcy, the responsibility to pay will be transferred to the bond's insurer, a Bermuda based company called Assured Guaranty Municipal Corp. Unlike Chapter 7 and Chapter 11 bankruptcy, Chapter 9 bankruptcy is only available to Municipalities. There may be more Chapter 9 bankruptcy filings as the recession and poor management of funds by local municipalities may become more common during this financial bloodletting. Politicians say that their constituents cannot afford a tax increase given the economic climate. If Harrisburg does file for bankruptcy, it will hurt the city's ability to get financing for future projects which will hurt taxpayers for years, or even decades to come.

Breach of Fiduciary Duty Suits Arising Out of Yahoo’s Rejection of Microsoft’s Offer

Last month, Yahoo!, the California-based Internet service provider, rejected was some Yahoo! shareholders regarded a “generous” offer by U.S. software giant, Microsoft. Following Yahoo!’s rejection, some disgruntled Yahoo shareholders sought legal remedies to voice their dissatisfaction with Yahoo’s decision. The suits filed against Yahoo! allege a breach of Yahoo!’s fiduciary duty in that Microsoft’s offer was fair, generous, and ultimately a maximization of the shareholder’s value. Interesting! The plaintiffs will attempt to prove that the individuals involved in the decision benefitted in that they achieved a personal objective in rejecting the offer. "The complaint alleges that Yahoo!’s board members 'placed personal distaste for Microsoft ahead of shareholder welfare' and have breached their fiduciary duties by rejecting Microsoft’s value-maximizing offer." Several other cases about fiduciary duties are also in this article:

http://iblsjournal.typepad.com/illinois_business_law_soc/2008/03/breach-of-fiduc.html#more

Court: Wal-Mart gender pay lawsuit can go to trial

http://www.cnn.com/2010/CRIME/04/26/walmart.suit/index.html?hpt=Sbin

I picked this article because this is an example of of how there is discrimination in the workplace still today. Men and women should be able to make the same amount of money as long as they have the same experience. One should not make more than the other in the same position. I think the women who did not make the same wages as the men in the same positions should be entitled to back pay. One's gender should not have anything to do with how much they make or how far they can excel in a company. The world today is supposed to encourage ALL people to excel in their given fields and make it an equal opportunity employment. That is where Wal-mart went wrong. They have equal opportunity employment on all their advertisements as well as the application, so the obviously are not practicing what they preach.

Utah woman sentenced in 'surprise' hammer beating

This article is about the sentencing for the woman who surprised her blindfolded husband with whacking him on the head with a hammer. She was sentenced to 30 days in jail after the conviction was reduced to third degree felony. Originally the woman pleaded guilty to second degree aggravated assault for her surprise attack.

I feel as if this incident was slightly sickening because she attacked her own husband the man who is suppose to love till death and decided to attack his with a hammer. She could have done some serious damages and should definitely feel fortunate that she didn't. At the time of the her plea the couple were still married but were separated.

http://news.yahoo.com/s/ap/20100423/ap_on_fe_st/odd_hammer_beating;_ylt=Ao0_RuFeOqkTgbfG4aG9oHXtiBIF;_ylu=X3oDMTJvb2NxNnZmBGFzc2V0A2FwLzIwMTAwNDIzL29kZF9oYW1tZXJfYmVhdGluZwRwb3MDMTgEc2VjA3luX2FydGljbGVfc3VtbWFyeV9saXN0BHNsawN1dGFod29tYW5zZW4-

Pope, Vatican Officials Targeted in New Suit by U.S. Sex Abuse Victims

Here's an interesting article related to the definition of a business and jurisdiction. In the recent sex abuse scandal involving the Catholic church, plaintiffs are seeking to force the Vatican to open wconfidential files that contain details of priest abuse allegations and monetary settlements. Unspecified monetary damages and a jury trial are also sought.

Under a tort exception, the attorneys plan to argue that because the Catholic Church allegedly engaged in systematic activity that injured a large number of people in the United States, it subjected itself to the jurisdiction of the United States and can be held liable here.

Further, under a commercial activity exception, attorneys plan to argue that the Catholic Church is a massive business organization, commercially present in the United States, and therefore not immune from litigation.

http://finance.yahoo.com/news/Pope-Vatican-Officials-law-3057297817.html?x=0&.v=1

No Reporter Shield for Mere Blogger, N.J. Appeals Court Says

This summary is not available. Please click here to view the post.

Amazon vs. North Carolina

Amazon has filed a lawsuit against the state of North Carolina due to the enclosed information that Amazon does not want to provide. Amazon is fighting back against North Carolina because of dispute over income tax information. North Carolina is demanding the names and addresses of every customer from Amazon’s website since 2003 in order to collect income tax from their residents. Amazon feels that they already provide enough information of their customers and doesn’t feel the need to give up any other information. Amazon believes the state is violating other additional laws such as, Freedom of Speech, First Amendment Rights, and Video Privacy Pact.
Hopefully Amazon wins this suit. I understand taxes need to be paid, although, I do disagree with privacy violation. The state of North Carolina can judge their residents on behalf of their purchases. Many people shop online to disclose what they are buying. It isn’t a negative thing. Some people just aren’t comfortable shopping in public. I though this was relevant case due to many laws being an issue, a Internet/state involvement, and also a privacy issue.

http://news.yahoo.com/s/pcworld/20100420/tc_pcworld/itsamazonversusthetaxmaninnorthcarolina_1

Teenager Son Sues Own Mother for Facebook

A teenager from Arkansas is suing his mother for hacking in to his Facebook account. Officials said that the 16-year old son’s mother changed his account password and was posting comments and posts without his approval. Denise, the son’s mother, has been charged with harassment. She felt that she had the right to monitor her son’s account because of his actions that were being posted on his account. Harassment can and will be charged if a person feels that have been seriously annoyed and/or abused.
I personally understand that the son could be upset over his disrespected privacy although, I don’t believe its enough to sue your own mother… over Facebook! There is a lack of communication between mother and son there and I feel they could have worked it out. But then again, if his mother was posting “slanderous” comments about her son, which of comments we are unaware about, I could understand him being unhappy with that. If the son really wants to go through with suing his mother, the court will probably side with the son only because he was the one that was harassed. Do you think when he gets older he’ll regret suing his mom?

http://www.upi.com/Odd_News/2010/04/07/Son-sues-mother-for-Facebook-harassment/UPI-84981270674472/

Arizona’s Harsh Anti-Immigration Law Sparks Anger

The bill makes it a state crime for immigrants not to carry authorization papers. In other words, a police officer in Arizona can ask anyone to prove their immigration status and enforce federal immigration laws. Police do not require warrants or the proof of probable cause to detain suspected illegal immigrants. This seems very scary to me! What is PA decided to pass a similar bill?

http://www.theatlanticwire.com/opinions/view/opionion/Arizonas-Harsh-Anti-Immigration-Law-Sparks-Anger-3296

Group proposes legal whale hunts

This article explains how the International Whaling Commission has proposed the allowing of legal whale hunts that will cap industries at certain numbers of whales to be killed per year. Apparently, certain countries are killing whales for scientific reasons and then selling the meat for consumption. The two sides of the argument are:

1) By allowing whale hunts, the International Whaling Commission will have more accurate numbers of killed whales and the purpose for hunting them. This will help in the species-recovery effort and also help with the whaling industry’s economic status.
2) By allowing whale hunts, the International Whaling Commission is allowing whales to be murdered on a larger scale which will turn into another mass-murder of endangered species due to past whaling hunts.

I think this article is interesting because it shows how laws can affect the entire world, including those not directly linked to our economies (the whales).
Article: http://www.msnbc.msn.com/id/36731050/ns/world_news-world_environment/

Court fight waged over brain-damaged mom’s triplets

This is such a heart-wrenching story about a mom, Abbie Dorn, who became brain damaged after giving birth to her triplets. She cannot move her legs, arms and she cannot speak. Her parents are currently caring for her and claim that she can communicate through blinking her eyelids.

The courts are now involved because Abbie’s parents believe she should have the right to see her children who currently live across the country with their father (and her former husband), Daniel Dorn. Daniel is claiming that Abbie is unfit to see her children since she cannot communicate with them; however, he also wants children support from Abbie’s estate.

First of all, how would these children suffer by seeing their mother? She has a right to see her own children and she cannot harm them in any way. Second, if Daniel Dorn is going to request child support from Abbie’s estate, she should, without a doubt, be able to see them. Lastly, Daniel claims that they were in love and were excited to become parents together after a long fertility struggle. If he loved his wife so much, how come he left her when times became hard and now left her alone, without her children?

I hope that the courts rule in the favor of Abbie and I am glad that her parents are fighting her battle for her since she can’t. It just seems like such a horrible thing for her former husband to do, she is now a prisoner within her own body because she gave life to her children. He should be honoring her, not punishing what little life she has left.

Article: http://www.cnn.com/2010/CRIME/04/22/california.triplets.visitation.lawsuits/index.html

Ex-Mayor’s Wife Sues State to Keep Family Assets

The ex-mayor of Detroit’s wife is suing in Texas to keep Michigan officials from taking her and her children’s assets to cover her husband’s debt. Former Detroit Mayor, Kwayme Kilapatrick is being sued for being involved in a cover-up involving a stripper’s death. This has been an ongoing case since April 2003. I have chosen this case in means of law within different states. The Kilapatrick family now lives in Texas but still have the ability to sue the state of Michigan. Mrs. Kilapatrick wants to order Michigan courts to reimburse her and her children’s money already taken from them. Although her family and their assets all belong in Texas, Michigan still has the right to enforce all laws upon the family because her husband’s scandal (case) did occur in the state of Michigan.

There are two links regarding this case:
http://www.upi.com/Top_News/US/2010/04/13/Lawsuit-alleges-coverup-in-stripper-death/UPI-21031271211044/
http://www.upi.com/Top_News/US/2010/04/21/Kilpatricks-wife-sues-to-keep-assets/UPI-78431271905351/

US Navy SEAL cleared in Iraq abuse case

A U.S. Navy SEAL was cleared Thursday of charges he covered up the alleged beating of an Iraqi prisoner suspected of masterminding the grisly 2004 killings of four American security contractors.
The Blackwater guards' burned bodies were dragged through the streets, and two were hanged from a bridge over the Euphrates river in the former insurgent hotbed of Fallujah, in what became a turning point in the Iraq war.
On Thursday, a six-man Navy jury found Petty Officer 1st Class Julio Huertas not guilty of dereliction of duty and impeding the investigation. The jury heard too many differences between the testimony of a sailor who claimed he witnessed the Sept. 1 assault at a U.S. base outside Fallujah and statements from a half-dozen others who denied his account.

http://www.comcast.net/articles/news-general/20100421/ML.Iraq.SEAL.Trial/

Obama outlines new NASA strategy for deep space exploration

http://www.cnn.com/2010/POLITICS/04/15/obama.space/index.html

Even though NASA is a government agency it is like a business in that government policy can affect peoples jobs. Obama feels that instead of spending money to go back to the moon and NASA should spend it's money and effort on eventually going to mars and unmanned spaceflight. The shuttle program is planned to retire soon. Obama thinks that his new plan for NASA will eventually lead to the creation of thousands of jobs

Sarkozy to submit bill banning Islamic face veils

http://www.google.com/hostednews/ap/article/ALeqM5hK82ydQcO5FBaL5caQTmftPnyNLwD9F7L0KO0

Nicolas Sarkozy, who is the current French president, ordered legislation that would ban Islamic facial veils in public in France. France has western Europe's largest Muslim population. Muslim women traditionally wear veils to hide their face in public. Sarkozy feels the veils conflict with European culture and are oppressive to women. Muslim groups feel that the legislation violates their civil rights are freedom of expression.

Jurisdiction and scamming

"Nora R. Dannehy, United States Attorney for the District of Connecticut, today announced that a federal jury in Bridgeport has found OKPAKO MIKE DIAMREYAN, 31, a citizen of Nigeria who sometimes resided in Accra, Ghana, guilty of three counts of wire fraud stemming from an alleged 'advance fee' scam. The trial began on February 11 and the jury returned its verdict this afternoon. ... Judge Hall has scheduled sentencing for May 7, 2010, at which time DIAMREYAN faces a maximum term of imprisonment of 20 years and a fine of up to $250,000, on each count."

How is it that a Connecticut court has jurisdiction over a Nigerian citizen in Ghana? "From approximately August 2004 through August 2009, DIAMREYAN engaged in advance fee scams against a resident of Connecticut and others around the country. As part of the scheme, DIAMREYAN sent numerous fraudulent email messages in which he claimed to have a “consignment” stored in Ghana containing amounts ranging from $11.5 million to $23.4 million. DIAMREYAN offered the victims 20 percent of the money if they would help him transfer the money to the United States, and he provided fraudulent documents to the victims to persuade them that the money existed."

http://www.justice.gov/usao/ct/Press2010/20100216-2.html

Small business model or animal cruelty?

A woman from Wilkes Barre, PA was sentenced to six months of house arrest and her business closed for two years after she is found guilty of animal cruelty for piercing kittens' ears and selling them as "gothic cats."

http://www.cbsnews.com/8301-504083_162-20002370-504083.html

Given that it is legal in the U.S. to dock dogs' tails and crop their ears, isn't this a double standard to consider piercing cats' ears animal cruelty?

Interestingly, in most of the Europe, docking tails and cropping ears IS considered cruelty and is forbidden. "Today, many countries consider cropping and docking to be cruel or mutilation and ban it entirely. In Europe, the cropping of ears is prohibited in all countries that have ratified the European Convention for the Protection of Pet Animals while some countries that ratified had made exceptions for tail docking." Even show dogs are no longer cropped in the U.K.

In comparison, in the U.S., "although the American Kennel Club (AKC) says that it has no rules that require docking or that make undocked animals ineligible for the show ring,[5] breed standards for many breeds puts undocked animals at a disadvantage for the conformation show ring. The American breed standard for boxers, for example, recommends that an undocked tail be "severely penalized."[6] The AKC position is that ear cropping and tail docking are "acceptable practices integral to defining and preserving breed character and/or enhancing good health."[7] The above quotes are from http://en.wikipedia.org/wiki/Docking_(dog)

On-sale bar

Small business owners who might be considering patenting to protect their intellectual property should be aware of the on-sale bar. The on-sale bar of 35 U.S.C. 102 is a United States patent law term that means if an invention has been for sale for over one year, it is no longer patentable. See http://en.wikipedia.org/wiki/On-sale_bar Recently, this bar had bearing on a case involving a rose grower in Delaware.

Mr. Shaw is the inventor and owner of a patent, applied for on January 16, 1996 and issued on June 16, 1998. The patent describes a process that produces larger rose heads by placing elastic, porous nets over the rose heads during the growing process and removing them before the roses are cut and sold. Shaw became aware of infringemnet on his patent; i.e. others (in this case, the Plaintiffs) were employing his method without agreement from him, in violation of his patent. After Shaw sent Plaintiffs several cease-and-desist letters based upon their purported infringement of the patent, Plaintiffs filed a lawsuit against Shaw seeking declaratory relief. Shaw counterclaimed for infringement. However, Shaw testified at deposition that roses produced using the invention were sold by him more than a year before he filed the patent application. Therefore, Shaw's patent is not valid, since it violates the on-sale bar.

Obama to discuss Supreme Court pick with party leaders

This article details President Obama’s decision to discuss who will be picked to fill the soon-to-be empty seat of Justice John Paul Stevens with Republican and Democrat leaders. Apparently phone conversations have been taking place as to who should be filling the vacancy with the Supreme Court and a decision as to who this person will be should be public knowledge by early May. As we have learned in our text, the justices in the Supreme Court are elected by the President of the United States and they can hold their position until either A) death, B) by resigning, C) impeachment and D) retirement. Also, the Supreme Court is the highest court in our country.

Article: http://www.cnn.com/2010/POLITICS/04/21/obama.supreme.court/index.html?hpt=T2

Whoops of joy as some flights resume over Europe

http://news.findlaw.com/ap/f/1310/04-20-2010/20100420013508_19.html

Quoted from the article:

Applause, cheers and whoops of joy rang out from Asia to New York to Paris on Tuesday as airplanes gradually took to the skies after five days of being grounded by the drifting volcanic ash that has crippled European air travel.

China hackers stole key Google program

http://news.findlaw.com/ap/high_tech/1700/04-20-2010/20100420055009_03.html

Computer hackers stole a program that controlled access to most of Google Inc.'s services when they attacked the Internet company late last year, according to a report published late Monday.

Lower Merion report: Web cams snapped 56,000 images

http://www.philly.com/philly/news/breaking/20100419_Lower_Merion_details_Web_cam_scope.html

The situation involving the Main Line school district of Lower Merion does not seem to be fizzling out at all. Ever since the national news outlets caught hold of this sensational story, there are many around the country and the world as a whole who are clamoring to see how this case will play out. The fact that the school used laptops to take pictures of students is not completely analogous to a potential situation in which a private company were to use this process of taking pictures from the laptops web-cam to locate stolen or missing equipment. The Lower Merion school district essentially just used the tax dollars of the rather wealthy parents of these children to spy on them. The fact that the students got to use a shiny new laptop does not make up for the rights of these children being neglected in the slightest bit. Apparently the school district's attorney Henry Hockenheimer stated that, "none appeared to show salacious or inappropriate images but said that in no way justified the use of the program." How he intends to prove this is beyond me. It is not like some teenager is going to come forward and say "I was having intimate relations with another student while the laptop was sitting right on a desk in front of us." It is not likely that there was no inappropriate material on those databases whatsoever being that they were intended for the use of teenagers. The case against the school is not as strong as it could be given that the school has undoubtedly removed any scandalous photos from their databases and any evidence that those students were ever probed in the first place by these laptop web-cams.

Supreme Court strikes down law banning dogfight videos

The Supreme Court has decided that the federal law that bans the selling and distribution of videos showing pit bulls attacking other pit bulls and other animals is unconstitutional. The grounds of this ruling pertain to the United States Constitution and that the law violates the freedom of speech. The article explains that this is a huge set-back for animal rights groups because it will allow individuals to continue to sell and distribute animal cruelty.

Even though I agree 100% that it seems unfair that the videos represent freedom of speech and are protecting under constitutional law; however, the article does explain that animal cruelty, whether to domesticated or wild animals, is still illegal. So, if the animal-rights community were to concentrate primarily on working towards eliminating dog fighting and animal cruelty, this would not be seen as such a huge set-back. Still, I understand that the proceeding sentence is a huge undertaking and probably unachievable because these abuse cases are far and wide.

Personally, I think that anyone who condones animal cruelty should be put in jail for life. It is disgusting, immoral and just plain wrong.

Article: http://www.cnn.com/2010/CRIME/04/20/dog.fight.videos/index.html?hpt=T1

Ohio executes murderer of teen

This article details the execution of an Ohio inmate who was on death row for the murder of 16 year old Angel Vincent in 1988. Ohio is one of the states that allow execution via legal injection. I understand that there are a lot of legalities of having an inmate on death row and administering the deadly cocktail to ensure their death; however, this process took 22 years which seems a bit absurd to me. A lot of the comments from readers (that can be found at the bottom of this article) also say that it seemed to take Ohio a long time to put this man to death for his actions and that it should have not taken such a long time. Understandably, the inmate can file types of appeals to reverse the conviction and punishment and maybe this is why it took so long?

Article: http://www.cnn.com/2010/CRIME/04/20/ohio.execution/index.html

Civil rights activist Dorothy Height dies at 98

I know that this does not directly involve a current lawsuit or case, but I feel that it does involve what we have been learning in this class in regards to our rights and freedoms as Americans. I believe that it is important to learn about how we have grown as a nation and that even though our Bill of Rights has been in place for decades; it isn’t until our fairly recent history that African Americans were able to share in equal rights and Dorothy Height is a huge contributor in this matter.

Dorothy Height is known for her civil rights activities for African-Americans. She ‘…had been chair and president emerita of the National Council of Negro Women, worked in the 1960s alongside civil rights pioneers, including the Rev. Martin Luther King Jr., future U.S. Rep. John Lewis and A. Philip Randolph.’ Height received many awards throughout her lifetime for her pioneering of civil rights, freedoms, racial discrimination and leadership in the fight for equal rights.

Article: http://www.cnn.com/2010/US/04/20/obit.height/index.html?hpt=T2

Long Island man guilty in hate crime case

This article is about a man from Long Island who was found guilty in a manslaughter that was classified as a hate crime. The defendant was found not guilty in murder as a hate crime. Officials were saying Long Island is sending out the wrong message through this court case and the crimes in Long Island need to stop. The sentencing can be from 8 years to 25 years for first degree manslaughter which means if the man can make it through his sentencing in jail he will be back out on the streets. As seen in my comment about the man who killed 2 girls being back out on the streets I am still confused as to how you can kill someone deliberately and NOT receive the death penalty for it. Obviously the man knew what he was doing and he was also connected with a gang meaning there definitely more people like him all over the country looking to kill again.

http://www.cnn.com/2010/CRIME/04/19/hate.crime.verdict/index.html?hpt=T2

Long Island man guilty in hate crime case

This article explains how Jeffery Conroy has been found guilty of manslaughter of an Ecuador man, Marcelo Lucero. Apparently Conroy and some of his associates have been harassing Latino men. The prosecutors in this case say that they call this type of harassing ‘beaner-hopping’ and the Mexican government would have liked to see Conroy guilty on the charge of manslaughter in the second degree.

I have read other articles in the past that have detailed hate crimes in America. A lot of time, the defendant states that ‘(insert culture here) doesn’t here in the United States’. I really don’t understand how A) people can be so malicious to each other and B) how anyone gets to decide who belongs in America and who doesn’t. These men definitely deserve harsh sentencing for their actions that killed an innocent human being.

Article: http://www.cnn.com/2010/CRIME/04/19/hate.crime.verdict/index.html?hpt=T2

Supreme Court to hear texting privacy case

http://www.cnn.com/2010/CRIME/4/19/scotus.text.messaging/index.html?hpt=Sbin

I think this situation is ridiculous. Quon signed the policy stating that his government issued phone is not for personal use, it was for work. And even though he paid his overage charges he was still in the wrong for using his phone for personal matters while on duty. I also this that becaus ethe police did a department investigation that they should have had the right to view his phone because it was issued for his job. He was not paying the bill hinself unless he went over his text messages and so I think it really wan't his phone to begin with. I don't think he should be able to sue because it wasn't his own personal phone they searched. If it were his phone that he bought and paid for I could see the issue of privacy, but it wasn't his phone and they had every right to do the investigation because they were trying to see if they should raise the limit of characters on the officers phone.

Man Had Firearm at High School

An 18 year old was in possession of two hand guns at a high school in Auburn, California. This article isn’t very long but I can see this individual stating that it is his right to bear arms according to the United States Bill of Rights. It seems to me that he really didn’t have a reason to have the guns and he wasn’t even a student at the school. Looks like he was just ‘looking for trouble’ and, if there were grounds to arrest this individual, he will be tried as an adult since he is of age.

Article: http://www.kcra.com/news/23166797/detail.html

4 Charged with Multiple Armed Robberies

Two teens and two young adults were charged with "two counts of robbery, one count of attempted robbery, one count of aggravated menacing, and conspiracy". They were using what seemed to be an "uzi"-like weapon that actually turned out to be a BB gun assembled to look like an assault weapon.

http://abclocal.go.com/wpvi/story?section=news/crime&id=7391603

I think they should all go to jail, including the teens. It makes me sick to see people that are so quick to scare others out of their hard-earned money. After they do their time, they should be forced to do hard labor (with absolutely no chance of government assistance), to see what it's like to actually have to work for a living.

When will the criminals out there realize that life doesn't owe us anything? You only get out of it what you put into it...

Sex Offender Pleads Guilty to Murdering 2 Teens

http://abclocal.go.com/wpvi/story?section=news/national_world&id=7390597

A man kills two young girls, and by making a plea deal, he gets to keep his life.
Two girls who hadn't even begun to live their lives are now dead because of him, therefore I think he should receive the death penalty. If you've read any my previous posts I think you've probably noticed that I feel overall that our country needs harsher punishments for violent crimes.. in all honesty I don't feel that murderers/rapists/violent repeat offenders should be offer any kind of "deals".

High court goes high tech: Justices to hear employee texting case - Yahoo! News

I'm not sure it's necessary for the courts to be involved in this case, or cases like this. An employee was using a company owned phone for personal use and that is unacceptable. He did pay for the overage charges, but nevertheless, he and others were told that texts would be treated the same as emails and subject to monitoring. I don't think Quon's case holds water...it was not his personal phone. If he wanted to send his wife explicit texts and have an affair, he should've done it from his personal phone. If anyone thinks that no one is reading their emails/texts sent from company computers or phones, think again! :)


High court goes high tech: Justices to hear employee texting case - Yahoo! News

Lower Merion schools: Number of webcam photos “substantial” | Philadelphia Inquirer | 04/16/2010

This is such an invasion of privacy, even if the student(s) were up to no good. If the school district was worried about students stealing the laptops, then they shouldn't have let them be taken off school property. If a student checks out a library book, would that also entitle the school district to monitor that student? I don't think so! I'm sure some, if not most, of these students were minors too, and weren't permitted to be photographed without parental consent.

Lower Merion schools: Number of webcam photos “substantial” | Philadelphia Inquirer | 04/16/2010

National Day Of Prayer 2010: Federal Judge Rules Unconstitutional

Constitutional or not, I think there are far more important issues to be focusing on these days. I'm not a religious person and I'm also not offended by this. I'm sure there are a lot of people that don't celebrate certain holidays that are based on religion, but I haven't heard any complaints about that. If you want to pray, then pray. If you don't, no one is forcing you.

National Day Of Prayer 2010: Federal Judge Rules Unconstitutional

Man purposely vomited on Phillies fans

Matthew Clemens, a 21 year old NJ man, intentionally vomited on an 11 year old and her father during a Phillies game. Apparently Clemens’ friend was removed from the stadium section for unruly behavior and this angered Clemens. A police officer at the game witnessed Clemens intentionally vomit on the fans. The officer stated that Clemens then resisted arrest by punching and also vomiting on the arresting him (the officer). Matthew Clemens is being charged with harassment and assault.

This is such a terrible thing to do to someone else. Not only was this man punishing these innocent bystanders (for something they didn’t do or had control over) but he also put them at risk for contracting disease. Matthew Clemens must have been overly intoxicated to have so much puke in his system but then again, he wasn’t charged for public drunkenness. His bail is set at $12,000 and I hope that the judge makes this man somehow ratify his actions with an apology. Clemens definitely infringed on their right to privacy and personal protection.

Article: http://nbcsports.msnbc.com/id/36595019/ns/sports-baseball/

U.S. charges Goldman Sachs with civil fraud

“The government has accused Goldman Sachs & Co. of defrauding investors by failing to disclose conflicts of interest in mortgage investments as the housing market was faltering. “

The SEC announced today that they will be holding Goldman Sachs responsible for not informing their clients of some risks associated with mortgage investments. They are alleging that Goldman created subprime mortgages, which were sold to investors, and then Goldman bet against them for a profit. The loss, according to investors, is valued at over $1 billon dollars. Of course Goldman Sachs shares fell almost immediately after the SEC reported its findings.

I just find this to be absolutely disheartening that just when you think things are turning around for the economy, another dirt-bag move comes to light. The SEC is put into place for a reason, did Goldman honestly think that either A) there wouldn’t be a whistle-blower or B) someone @ the SEC would put the numbers together and come to this realization. Of course, these charges are new as of today (Friday, April 16th) so we will see how this plays out. Maybe Goldman Sachs is innocent after all. But then again, I highly doubt that the SEC would bring huge allegations against such a leading firm such as this one if they didn’t have solid backing.

Article: http://www.msnbc.msn.com/id/36597290/ns/business-us_business/

Authorities probe beating video of Maryland student

This article explains that after a basketball game on March 3rd, where Maryland won against Duke, two students were charged with attacking riot police and their horses. The documents that formerly charged the students with public disturbance also stated that the horses kicked and injured the students and, at that time, the officers intervened. However, these charges were dropped and an officer was suspended after a video of the incident came forward. The video shows that the students did not approach the horses and, in fact, were beaten by three officers until they dropped to the ground.

Of course the incident is horrendous and that this should never have happened in the first place. But, also, we look towards police officers and officials to protect us. It is such a shame when we hear that those who are meant to serve and protect actually abuse their rights and powers. At some point, these officers felt that they were above the law and this should never be the case.

Hopefully these students recover quickly and it will be interesting to see what happens to these officers who thought that they would never get caught.

Article: http://www.cnn.com/2010/CRIME/04/13/maryland.police.beating/index.html?npt=NP1

Federal judge strikes down National Day of Prayer statute

http://www.cnn.com/2010/CRIME/04/15/wisonsin.court.prayer/index.html?hpt=Sbin

I chose this article because I think that the government should stay out of the church dealings. While the government is not promoting one specific religion on "Prayer Day" they should not tell people where and when to pray. I agree with the Judge's opinion that the government should stay out of telling when people to pray. Religion is a choice people chose to make if they want to. Not everyone "prays" so I don't think the government should designate a day for that. If you as an individual want to pray you will, there shouldn't be a special day that we are all supposed to acknowledge.

Family Sues Company Over Child’s Injury

A family has sued a Chicago based towing company saying the driver hooked up their pickup truck while their young daughter, who recently had surgery, was still inside the vehicle. The family wants $50,000 in damages because their daughter’s stitches were torn out when she out of the pickup while it was being pull by the tow truck. The family says the daughter required more hospitalization because of the injuries that were caused from the driver.
I decided to post this lawsuit because it is so ridiculous to me. Why is this little girl who recently had surgery sitting so carelessly in a back seat of a pickup truck with no parental concern? Apparently, the court papers state that the father left her sitting in the truck because she was feeling uncomfortable… so why wasn’t the young daughter sitting at her home resting? I mean, in any case, the daughter shouldn’t of been around anywhere in her medical condition. Now, this tow truck company has to take blame for something that should be blamed on poor parenting. I really hope the judge questions the parents on their behavior.

http://www.upi.com/Top_News/US/2010/04/09/Family-sues-tow-truck-co-over-injuries/UPI-47971270839735/

More about free speech!

The US Supreme Court recently denied a petition for a writ of certiorari for a case involving a high school senior who was forbidden by school officials from playing a religious piece during her graduation ceremony.

"Kathryn Nurre, was a high school senior and a member of her school’s wind ensemble. In keeping with a school tradition, the school’s band director told the seniors that they could select a piece from their musical repertoire to be performed during their graduation ceremony. The 2006 graduates, chose Franz Biebl’s “Ave Maria,” a piece that they had previously performed and that “they believed showcased their talent and the culmination of their instrumental work.” However, "at the prior year’s graduation ceremony, the student choir had performed ‘Up Above My Head,’ a vocal piece which included express references to ‘God,’ ‘heaven,’ and ‘angels,’ and the school district claimed that this had resulted in complaints from graduation attendees and at least one angry letter to the editor of a local newspaper."

The US District 9 Court of Appeals held that the "public school did not violate the free speech rights of a student by banning the performance of 'an obviously religious piece'. The Court of Appeals acknowledged that the district’s decision would have been impermissible if it had constituted viewpoint discrimination, but the court concluded that “this is not a case involving viewpoint discrimination” because the student “concede[d] that she was not attempting to express any specific religious viewpoint” but instead “sought only to ‘play a pretty piece.’”
http://www.supremecourt.gov/opinions/09pdf/09-671.pdf

Are Corporations Individuals?

In a recent "5-4 decision in the case of Citizens United v. Federal Election Commission, the Supreme Court ruled under the First Amendment that the government may not ban political spending by corporations and unions in candidate elections, radically changing campaign finance law."
http://www.mayitpleasethecourt.com/journal.asp

Indeed, this greatly affects how corporations will be able to influence politics and politicians in the future. Some expressed fear that "you can now be subject to the same kind of propaganda barrage that currently wants to sell you junk food when it comes to candidates." What do you think?

http://seminal.firedoglake.com/diary/25437

Wrong Video of Health Protest Spurs N-word Feud

Three Democratic congressmen — all black — say they heard racial slurs as they walked through thousands of angry protesters outside the U.S. Capitol. A white lawmaker says he heard the epithets too. Conservative activists say the lawmakers are lying.

It was March 20, near the end of the bitter health care debate, when Reps. John Lewis, Andre Carson and Emanuel Cleaver say that some demonstrators, many of them tea party activists, yelled the N-word as the congressmen walked from House office buildings to the Capitol.
Stung by the charges of racism, conservatives and tea party activists insist it never happened. And one of them is offering big money if anyone can prove it did.

http://www.comcast.net/articles/news-politics/20100413/US.N.Word.Feud/

I do love controversial issues, and the health care debate mixed with alleged racial slurs really shows the heat and how people will bring things forward to negate the primary issue.

The Philly Naked Bike Ride

"Hundreds of carefree cyclists traversed Center City on Sunday for the Philadelphia Naked Bike Ride. Very few people actually started the race naked, but some said they might dare to go bare as the ride progressed. Many wore swimsuits, underwear, some women went topless, and others with carefully applied body paint. Organizers hoped the event spotlighted the vulnerability of cyclists, to make drivers aware of the need to share the road..."
http://www.philly.com/philly/photos/57697637.html

The annual event led to no arrests; indeed, the event is protected free speech.
http://www.phillynakedbikeride.org/

Although the line between free speech and public indecency is continually tested, nudity in the name of artistic expression is also protected, as demonstrated in this article:
http://www.nytimes.com/2010/02/26/nyregion/26naked.html
where "not long after the nude woman, Megan Hanford, assumed her pose [in a NYC gallery storefront window], a patrol car rolled toward the gallery, Chair and the Maiden. The police vehicle rolled slowly, paused for a moment, and then kept going."

Lawbreakers foiled by Facebook

http://money.cnn.com/2010/04/08/technology/law_enforcement_social_media/index.htm

"As the popularity of social networking spreads, law enforcement agencies are tapping into these sites to nab criminals, tax evaders and other wrongdoers, and gather evidence to support their cases."

This article was very interesting! It pertains to almost everyone out there these days. I agree that the authorities have a right to go on someones myspace or facebook if they are investigating them. There is a line though that should not be crossed. If the authorities are abusing their rights then they should be held accountable. The only information they should be allowed to receive is what is made public to the website. Myspace is all set up to help law enforcement, they have a hot line and all, but they will only help if what is going on is following the laws. Twitter and Facebook, only help in the case of an extreme emergency. I think this is all fair because as long as you post stuff about your life on the web anyone can find it. If you are hiding something or want to be private then don't post your business all over the Internet, you never know who will google you these days. Today even businesses are googling potential employers, so everyone needs to be more cautious of what they post on social sites because it could come back to haunt you!

Man Pleads No Contest in Slaying of His Alleged Molester

http://www.cnn.com/2010/CRIME/04/06/aaron.vargas.abuse.plea/index.html?npt=NP1

Another case of someone taking the law into their own hands. Usually I'd say that if you "do the crime, do the time". However, in this case, there are claims of past molestation. I don't know what I'd be capable of doing to my abuser if I'd ever been molested or abused, so I have no idea how I feel about this case. The man faces anywhere from probation to 10 years in prison.

What do you think he deserves?

A Swim Coach's Secret Tape

This is not an article but it is a video that is part of a recent 20/20 episode from Friday, April 9th. This subject really attracted my eye because I have been swimming competitively since I was 5 and still do now. The clip from the episode talks about how a girl's coach secretly video taped her and the tapes were found after her former coach sold an old computer that had child pornography on it. The swimmer's mother had to identify her in a still frame from a video that was confiscated from her former coach. As an athlete a coach is someone who becomes another parent to you especially in swimming when you have practice everyday and for 3-4 hours a day. You also learn to trust this person because they want you to improve in your sport and think there is no way they could harm you in any way, mentally or physical.

This video clip really made me think about all the coaches I have had previously throughout my career and if they have done any of this disgusting stuff themselves. I heard from a friend on my team at York College that an old coach of his was fired as a principal of his school due to some of his students giving him massages during school.

The former coach of the swimmer was sentenced to 400 months and will definitely become a registered sex offender and will never coach another swim team again because of this incident.

http://abcnews.go.com/Blotter/video/swim-coachs-secret-tapes-10331100?tab=9482931&section=4765066

Independent contractors versus employees

A major issue in the workplace is the characterization of an individual as an independent contractor or as an employee. The question arises in many settings, including the payment of employment based taxes and in the payment of overtime (employees are entitled to it; independent contractors are not).

http://bx.businessweek.com/business-law/view?url=http%3A%2F%2Fnwitimes.com%2Fbusiness%2Fcolumnists%2Fjames-jorgensen%2Farticle_8ef4882c-48b7-54ce-a40c-b2ef102a3995.html

This story is a couple months old, but I choose to post it because it touches on an interesting question. What how does an employees rights change whether they are classified as an independent contractor or not.

Judge Awards Families $2.6M Over Chinese Drywall

A federal judge on Thursday awarded seven Virginia families $2.6 million in damages for homes ruined by sulfur-emitting drywall made in China, a decision that could affect how lawsuits by thousands of other U.S. homeowners are settled.

http://www.law.com/jsp/article.jsp?id=1202447896233&Judge_Awards_Families_M_Over_Chinese_Drywall

This case is an example of how a legal precedent is made. Judges might look at this as a precedent in the future when a foreign company is sued for damages caused by a faulty product.

Yemeni child bride dies of internal bleeding

A 12-year-old Yemeni bride died of internal bleeding following intercourse three days after she was married off to an older man, the United Nations Children's Fund said. The girl's death is the latest in a series of child marriage cases in Yemen, where the minimum age to tie the knot is still under debate. "The government has been working tirelessly to cement the minimum marriage age but conservative parliamentarians have stood against it," said the official, who is not authorized to speak to the media. "Members of the conservative block need to step up to the responsibility of protecting the rights and freedoms of the young. NGOs must continue campaigning to shed the light on this unfortunate practice."

http://www.cnn.com/2010/WORLD/meast/04/09/yemen.child.bride.death/index.html?hpt=Sbin

I chose this article because I think the Yemen government needs to work harder on passing a law to save the lives of these young innocent girls. I understand that there are different laws in different countries, but this is ridiculous. These girls do not know any better, they are forced to get married at such a young age and expected to start having children, when they themselves are still children. Times have changed and there is no reason for girls of this age to get married. People leave much longer these days, it is not like the old days when girls where married young because people died young. I think the young girls in Yemen deserve to have more control over themselves since the people around them make such foolish decisions for them. Again, I understand all cultures are different and I might sound prejudice, but I am not I respect the difference in cultures but when lives are lost because of a custom, maybe that custom needs to be altered.

Federal Circuit Ruling Sparks Surge of Patent Whistleblower Suits

http://www.law.com/jsp/article.jsp?id=1202447474494#

Because of a decision in federal appeals court last year, whistle blowers have been suing companies they believe have been falsely labeling their product with patents that are expired or dot not apply to the product. The has do with legal precedents and patent law, both which are related to business law.

Judge 'sickened' by accounts of Danziger shooting, aftermath

This article discusses the investigation of an officer from the New Orleans Police Department who lied on the police report he filled out during a post-Katrina incident. The officer pleaded guilty to federal charges in connection with the post-Katrina shooting that left two civilians dead and four others wounded on the Danziger Bridge. The charges are for obstruction of justice and misprison of a felony. The officer told the court his story which contradicted the official police report and the judge said "I don't think you can listen to this account and not be sickened by the raw brutality of conduct and lawlessness,".

I think this incident is absolutely discussing when seeing that it was not just anyone who committed the crime. When people look at police officer they think that the officer is there to serve and protect the community as a whole and in this incident neither of the two were done. The obstruction of justice is the first thing that stuck in my mind when reading the article because police reports are suppose to tell you exactly what happened during the incident and now makes you think how many other times has this happened throughout history. This incident is definitely sickening especially when this happened right after Hurricane Katrina nearly knocked New Orleans off the map and police officer were suppose to be there to help and what happened that day was the last thing from help.

http://www.wwltv.com/news/crime/Former-NOPD-officer-pleads-guilty-in-Danziger-shooting-90117102.html

Sisters Fued Over Lottery Winnings

Theresa Sokaitis, 84, and Rose Bakaysa, 97, residents of Connecticut, are sisters who are longtime gambling partners. Together they have drew up a contract outlining their plans to split winnings of any money won through gambling and lottery. Bakaysa had won a $500,000 Powerball jackpot in 2005, and Sokaitis is claiming that she has never seen and of the cash from the Powerball win.
Sokaitis feels she is “going after her own money.” The sisters had a verbal implied contract, however, the sisters also had a argument in 2004 before the winning. One attorney feels the contract was rescinded due to the argument that broke up their partnership. However, the ticket was bought through their brother who is the binding that the ticket was purchased jointly as partners. The Superior Court trial began Tuesday, and it’ll be up to the court to decide the facts.

http://www.upi.com/Odd_News/2010/03/23/Sister-sues-for-lottery-share/UPI-76401269381099/

3 teens charged in Massachusetts bullying case plead not guilty

Three teens accused in the bullying of a Massachusetts high school student who committed suicide pleaded not guilty to related charges Tuesday. In the indictments, returned last month, the Hampshire County grand jury charged Mulveyhill, of South Hadley, with statutory rape, violation of civil rights with resulting bodily injury, criminal harassment and disturbance of a school assembly. The indictments charged Renaud, of Springfield, with statutory rape. Kayla Narey, of South Hadley, was charged with violation of civil rights with resulting bodily injury, criminal harassment and disturbance of a school assembly.

http://www.cnn.com/2010/CRIME/04/06/massachusetts.bullying.suicide/index.html

I chose this article because I think bullying has gone way to far these days. The school do not do enough to make children feel safe in school. "South Hadley Public Schools Superintendent Gus Sayer defended school administrators' handling of the matter, saying Phoebe had not alerted anyone to her situation." The Superintendent "defends" the school administrators because they know they did not help in this situation. Maybe Phoebe did not come right out and tell someone, but there are a million reasons why she didn't. First off, she is from another country and how we deal with issues here could be completely diffrent than her country. Second, she probably was scared for her life that if she said anything she would be bullied even more. Lastly, the school said they were aware of only two incidents and those children involved were punished for their actions. Obviously they were given a slap on the wrist because they were still allowed to attend school, and probably gave Phoebe more grief because they were caught. School should be one of the safest place a child has other than their home because they spend the majority of their time there. Schools should really take these situations more seriously because the children who suffer take extream measures as Phoebe did. There should be laws within school districts that pertain to these situation, so maybe if the children are given laws to abide by they may not do some of the things they do to each other. Many people say "kids will be kids," but this is just getting ridiculous. These kids need to be accountable for their actions.

Gosselin Custody Battle

Jon Gosselin asks Judge for kids alleging that Kate Gosselin is neglecting the kids because she is appearing on ABC's "Dancing with the Stars". On Tuesday, Jon's attorney, Anthony List, accused Kate of neglecting the children because she is on "Dancing with the Stars", a charge her attorney, Mark Momjian, rejected as "patently false."

I would like to see what the Judge's decision is on the custody of all eight children.

http://www.myfoxphilly.com/dpp/entertainment/television/040110-jon-gosselin-asks-judge-for-kids

FCC and net neutrality

Yesterday's appeals court ruling concluded that the FCC lacks authority to regulate net neutrality. In practice, this means that there is no statute or regulation to prevent internet service providers from favoring the delivery of some internet content over other content. It would be legal, then, for internet service providers to charge fees to ensure that some of packets of information arrive ahead of others. For details, check out the NY Times and the Economist:
http://www.nytimes.com/2010/04/07/technology/07net.html?partner=rss&emc=rss
http://www.economist.com/blogs/democracyinamerica/2010/04/net_neutrality

Indeed, internet service providers are controlling content in a number of ways. For example, Windstream Communications, a DSL provider, had been intercepting toolbar search queries such that when a user entered a search query into the Firefox toolbar, Windstream redirected to a Windstream-owned search engine, where the company could derive additional revenue from the captured traffic.
http://www.savetheinternet.com/blog/10/04/05/phone-company-helps-make-case-net-neutrality

Importantly for those who believe that net neutrality is important and that companies should be required to give Web users equal access to all content, yesterday's ruling leaves open the FCC's ability to "assert another basis for issuing a net neutrality rule (for instance, reconsidering its 2002 Cable Modem Order which ruled that cable internet service is neither a "telecommunications service" nor a "cable service" governed by the act)" or Congress's ability to delegate the authority to the FCC or for Congress to enact legislation for net neutrality, since the present ruling is not constitutionally based.

Temple nurses strike over "gag clause" and tuition perk

In Philadelphia, hundreds of Temple University Hospital nurses and other employees are currently on strike, in part due to a proposed "gag clause" that would restrict union members from publicly criticizing the hospital or its managers. Opponent of this clause say it would limit free speech. Further, the "gag clause" could prevent nurses from advocating for patients or from grumbling about a bad day on their Facebook pages, they argue. A hospital administration official who supports the clause states that there has been a history of "disparaging the hospital and its business practices" in union publications and to the media.

http://news.yahoo.com/s/ap/20100406/ap_on_bi_ge/pa_philadelphia_nurses_strike_1

While several other issues are of concern for the Philadelphia nurse picketers, including the elimination of a college tuition benefit for the children of nurses, it is clear that a number of employers resort to firing employees who publicly state opinions that employers view as disparaging or otherwise inappropriate. And the number of incidents can be expected to rise with the increase in social networking via the internet. For example, here, an Eagles game-day employee was fired for posting a comment on Facebook:
http://awfulannouncing.blogspot.com/2009/03/ex-eagles-employee-talks-about-facebook.html

And here, a former high school teacher is suing a north Georgia school district, alleging she was forced to resign over photos and expletives on her Facebook page. Her facebook photos and comments were not criticizing her employer; rather, they were deemed inappropriate because they showed her holding wine and beer and contained an expletive.
http://www.ajc.com/news/teacher-in-trouble-for-191943.html

Various internet postings have suggested that this an illegal restriction on free speech. However, the first amendment limits the ability of the government to restrict speech, not private employers, who are free to restrict speech as long as those restrictions don't violate other rights of employees. For the nurses in Philadelphia, losing their "freedom" to disparage the hospital and its business practices is a consequence of at will employment policy.

Vatican covered up abuse in Minnesota, lawyers say

This article discusses a priest from India who moved to Minnesota. He was accused of abusing two teenage girls during 2004 and 2005 and was warned by the cardinal of the diocese but no action was thoroughly taken. Then the cardinal sent a letter to the Vatican hoping officials there would take some action but nothing was done. Now the priest is head of a church education commission in India where he still has access to many children.

When documents of the abuse sprung up during a news conference in St. Paul, the court attorney's office decide to try and extradite the priest from his duties in India. The cardinal who sent the letters to Rome does not want to let this roll over since the priest seemed to run off to India.

http://www.cnn.com/2010/CRIME/04/05/minnesota.church.abuse/index.html

Judge asks Hopper family to put aside differences

This article is about the legendary actor Dennis Hopper and his divorce battle with his current wife Victoria Hopper. Dennis is seriously ill from cancer and stating that being in close proximity with his wife is hastening the effects of the disease. He has been ordered to provide spousal support and child support for their six year old daughter, Galen.

This article touches on law aspects with that there is a judge dictating how the money will be split among the Hoppers. The judge is also asking the Hopper family to put aside their differences for the sake of the six year old because she will most likely lose her father shortly. Also, the judge is suggesting that the Hopper’s use a third party to help settle their differences.

I feel really bad for the young daughter. Her father is pretty much dying in front of her, her family is fighting over his money before he is even in a casket and her mother, Victoria, seems like a money-grabber. I would just like to know why Dennis didn’t have a prenuptial agreement with his wife. I just believe that, in a way, marriage is a business agreement. Of course you are supposed to love your spouse and care about them. But, it’s also an agreement that ‘you will complete ABC and I will do XYZ’. Apparently Dennis feels that Victoria isn’t completing her end of the bargain, so he wants a divorce. These celebrities are very confusing.

Webpage: http://www.cnn.com/2010/SHOWBIZ/Movies/04/05/dennis.hopper.divorce/index.html

Judge rules death-row inmate not disabled

Although this article is short I feel as if it covers something that does not cross many people's minds when they think of the death penalty. I think the ruling if someone is mentally disabled then they cannot be executed is a good one because sometimes a person with a mentally disability is not fully accountable for their actions due to lack of thought process. I feel as if there is a fine line that may be crossed by someone who is mentally disabled and that would be degree of the crime and degree of disability since mentally disabilities can vary in a lot of different ways.

http://www.floridatoday.com/article/20100405/BREAKINGNEWS/100405023/1086/rss07

Court won't hear appeal on warrantless entry - Yahoo! News

This article isn't very long, but it does deal with the importance of a search warrant.

Whether or not Bruce Hopkins left the scene of a hit and run, the police officers did not follow proper procedures. According to our text on page 17, "The Fourth Amendment protects the 'right of the people to be secure in there persons, houses, papers, and effects.'" The decision may not have been any different, but the officers may have had a better chance if they had focused on the car and any damage there may have been that Mr. Hopkins could have had fixed before a warrant could have been obtained.


Court won't hear appeal on warrantless entry - Yahoo! News

Court rules for woman and against Massachusetts public course in discrimination case | Deseret News

Okay, first I want to say that I do believe women should have the same rights and privileges as men. Second, don't be angry, I also think that there is an obvious reason that there are separate teams for men and women. I played on a softball team and I was the only girl (the other girls quit). Granted it was with co-workers, but had they told me I couldn't play because I was a girl, that would have been different.

It's not like someone told her she couldn't play golf, they just told her she couldn't play in a MEN's tournament. I don't see a problem with that. Would the women in the amateur women's golfers be okay with a man joining their tournament? If women are allowed to play in mens' tournaments and presumeably men can play in womens' tournaments, why have separate teams?! I think the bigger issue is that the men get 10 days to play and women only get 2.

I also don't think she deserves to get dime...they're letting her play, which is what she wanted in the first place! Ironically, she hasn't played in a men's tournament because she says "If I go back and play, it could be construed as everything is fine now. It is not over yet."


Court rules for woman and against Massachusetts public course in discrimination case | Deseret News

Judge tosses lawsuit against Marvel, Stan Lee - Yahoo! News

I posted this article because it reminded me of the Charlie's Angels case in our book.

I agree with the judge. It sounds like these shareholders got greedy. Too bad for them it was 10 years too late! They also didn't aquire the shares until after the rights were already transferred, so I don't think they were entitled to it to begin with.


Judge tosses lawsuit against Marvel, Stan Lee - Yahoo! News