Thanks to the many readers who have alerted us to the lawsuit that Roger Clemens just filed against his ex-trainer. From the AP:
Roger Clemens beat Brian McNamee to court, filing a defamation suit against the former trainer who claimed to have injected him with performance-enhancing drugs.
Clemens filed the suit Sunday night in Harris County District Court in Texas, listing 15 alleged statements McNamee made to the baseball drug investigator George Mitchell. Clemens claimed the statements were “untrue and defamatory.”
“According to McNamee, he originally made his allegations to federal authorities after being threatened with criminal prosecution if he didn’t implicate Clemens,” according to the 14-page petition, obtained early Monday by The Associated Press.
You can review the petition here (PDF). One tipster writes:
Some miscellaneous notes: it will be interesting to see if Clemens is considered a “public figure.” Further, something I didn’t know about, even as a life-long New Yorker – Clemens was initially drafted by the New York Mets. Intriguing.
With the police, who pulled you over for a traffic infraction. But the good news is that you’re getting it back. From CBS:
Eight grams of medical marijuana seized from a Garden Grove man during a traffic stop must be returned to him, according to an appeals court ruling directing local law enforcement to uphold state, not federal law.
A three-justice panel of the 4th District Court of Appeal [in California] weighed in on the issue in a published decision that sets precedent for future cases on similar issues.
The marijuana, which belonged to Felix Kha, 22, was confiscated during a traffic stop on June 10, 2005.
The city of Garden Grove tried to argue “that to the extent state law authorizers or mandates the return of Kha’s marijuana, it is preempted by federal law.” The appeals court didn’t see it that way:
Kha’s attorneys argued that the 10th Amendment to the Constitution effectively prohibits federal interference with California’s medical marijuana laws, and the three-justice panel of the 4th District Court of Appeal agreed.
The justices found that because, under state law, Kha was lawfully entitled to possess the marijuana, “due process and fundamental fairness dictate that it be returned to him.”
* A rave review for Saira Rao’s Chambermaid. [Pittsburgh Post-Gazette]
* How could we NOT link to a post entitled “Do Faculty Have a Constitutional Right to Sleep With Their Students?” [TaxProf Blog]
* A very interesting installment of The Glenn and Helen Show, in which they speak with Professor Richard Epstein about drugs and health care. [Instapundit]
Oh goodness. And you thought Paris Hilton was troubled. From the AP:
Lindsay Lohan, who just finished a second stint in rehab for substance abuse treatment, was arrested on suspicion of drunken driving early Tuesday, authorities said.
Lohan, who is already facing a drunken driving charge in Beverly Hills, was pulled over near the Santa Monica Police Department after authorities spotted her car chasing another vehicle…..
Authorities conducted a field sobriety test and then transported Lohan to the police department. The 21-year-old actress was booked on suspicion of driving under the influence of alcohol, driving on a suspended license and possession of cocaine, among other charges, [Sgt. Shane] Talbot said.
Police found cocaine in one of her pants pockets during a pre-booking search, Talbot said.
Summer associates can get pretty wild, especially after they’ve had a few drinks. But Lolita ain’t got nothing on LiLo.
Law-and-economics types will appreciate this analysis, from Perez Hilton:
This could ruin Lindsay’s career! NO ONE is going to want to work with her now. And IF they do hire her, Lohan will most likely be forced to pay for her own insurance on films, which will be VERY COSTLY.
The following comes from a trial in the Southern District of Alabama, Chief Judge Ginny Granade presiding. It’s from an assistant U.S. attorney’s examination of an accomplice in a bank robbery:
Q: Well, let me just as an aside right now, what kind of a high, what kind of feeling do you get from smoking, and you were smoking crack?
A: Yes, ma’am.
Q: What kind of a high do you get from that?
A: You get a real intense high and you’re not really able to really able to make good — good judgment calls about what you’re doing.
News flash: Crack use may impair your judgment. That’s why all the Biglaw attorneys stick to powder cocaine. Clients pay them big bucks for their sound judgment!
The excerpt from the trial transcript continues, after the jump.
Can you blame Attorney General Alberto Gonzales for not being more in the loop on the U.S. Attorney firings? He’s been holding down not one but TWO demanding jobs. Check out the DOJ homepage (unchanged as of this morning, despite this Friday afternoon post by Wonkette):
If Alberto Gonzales can survive the revelation that “he” is actually a female, drug-trafficking terrorist — who may possibly be related to Wilmer Valderrama — then clearly he’s untouchable.
Meanwhile, in other Justice Department news (expect announcements later today or tomorrow):
The stylish pumps of the fabulous Assistant Attorney General Rachel Brand, whose last day as head of the Office of Legal Policy is today, will be filled on an acting basis by another former Kennedy clerk, Brett Gerry (OT 2000).
If you’re driving 100 miles per hour, but in a hybrid vehicle, can you still get pulled over? Unfortunately for Al Gore III, yes. From Reuters:
The 24-year-old son of former Vice President Al Gore was arrested for drug possession on Wednesday after he was stopped for speeding in his hybrid Toyota Prius, a sheriff’s official said.
Al Gore III — whose father is a leading advocate of policies to fight global warming — was driving his environmentally friendly car at about 100 miles per hour on a freeway south of Los Angeles when he was pulled over by an Orange County sheriff’s deputy at about 2:15 a.m.
Speed limits suck. Why can’t we institute a system of “speeding offsets,” like the market for carbon offsets? Grandmothers in Boca Raton, who consistently drive 10 miles under the speed limit, could supplement their incomes by selling the right to speed. Who needs Social Security?
After the traffic stop, things only got worse for young Al. From the New York Daily News:
Deputies then searched the car, and Gore faced an inconvenient truth when they allegedly found a small amount of pot and mind-altering pills – Xanax, Valium, Vicodin and Adderall.
“He does not have a prescription for any of those drugs,” [a sheriff's spokesman] said.
Finally, we loved this little detail:
Al the 3rd lives in Los Angeles and works for GOOD magazine, which describes itself as “media for people who give a damn.”
They prefer crack, thank you very much.
Because why else would the justices rule against noble, crusading students, and in favor of the mean old school officials, in Morse v. Frederick — aka the “Bong Hits 4 Jesus” case?*
But free speech proponents shouldn’t despair. Over at SCOTUSblog, Marty Lederman notes:
Morse is a very limited holding — essentially limited to the drug context. The Alito concurrence, joined by Kennedy, is controlling. He writes:
I join the opinion of the Court on the understanding that (a) it goes no further than hold that a public school may restrict speech that a reasonable observer would interpret as advocating illegal drug use and (b) it provides no support for any restriction of speech that can plausibly be interpreted as commenting on any political or social issue, including speech on issues such as ‘the wisdom of the war on drugs or of legalizing marijuana for medicinal use.’”
In other words: Hey liberals, this Alito guy might not be as bad as you thought.
* As we previously observed, petitioner Deborah Morse, one of the prevailing school officials, is “a curvaceous, dark-haired beauty.” But we would hope that Supreme Court justices would decide cases based on the merits, not on the attractiveness of the parties.
Of course, sometimes both factors point in the same direction. See, e.g., Marshall v. Marshall — the Anna Nicole Smith case. Quick Preliminary Notes on Hein and Morse [SCOTUSblog]
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
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