Free Speech

(c) Image by Juri H. Chinchilla.

On August 7, 1782, near the end of the American Revolution, General George Washington created the Badge of Military Merit, the precursor to the Purple Heart. Today, the Purple Heart is awarded to members of the U.S. armed forces who are wounded or killed in action. This week, On Remand looks back at the Purple Heart’s evolution, and the stories of two men who proudly wore the medal. But had they earned it?

Breaking with the European practice of honoring only high-ranking officers, General Washington recognized that in America “the road to glory in a patriot army and a free country is… open to all.” So, Washington created the “Badge of Military Merit” for remarkable or extraordinarily loyal soldiers. Per Washington’s instructions, the badge depicted a purple heart with lace trimming to be worn over the left breast. After the Revolutionary War, however, the award faded away.

In 1932, to commemorate Washington’s 200th birthday, General Douglas MacArthur revived the Badge of Military Merit as the “Purple Heart.” At that time, injury in battle was just one consideration in awarding the Purple Heart. Later, to distinguish it from another award, physical injury became the Purple Heart’s sole requirement. Yet, some have worn the medal without meeting that requirement….

double red triangle arrows Continue reading “On Remand: Purple Hearts And (Not So) White Lies”

* Law student wants some goddamned pizza. [Huffington Post]

* Elie called for ExamSoft to refund the victims in the so-called #Barghazi incident. Now there’s a petition for that. [Change.org]

* Litigiousness: now in infographic form! [Thomas Barry Solicitors]

* In New York, an appellate court upheld a decision requiring a bank to forfeit interest and attorney fees for dragging out a foreclosure settlement conference through 18 court dates spanning 16 months. If you outlaw needlessly dragging out litigation to bully the other side, only outlaws will drag out litigation to bully the other side. [WiseLawNY]

* The importance of the Sarah Jones appeal. [The Legal Blitz]

* If you’re looking for a job, the SEC is announcing a new initiative to hire a bunch of lawyers. Including lawyers from the class of 2015! [USAJobs]

* Court needed a Chinese language interpreter. Rather than find a professional legal interpreter, the judge just told the lawyer to head down to the local Chinese restaurant and grab somebody. [Legal Cheek]

* News from former Virginia Governor Bob McDonnell’s trial. As one tipster summed up the story: “Hon, I think I dropped my keys under that bus. Would you take a look?” [Slate]

* Everyone concedes Ted Cruz is smart. Why exactly? [Salon]

* A follow-up from a previous story: Connolly, Geaney, Ablitt & Willard shuts down after the foreclosure market that made them turned on them. [Mass Lawyers Weekly (sub. req.)]

* Interesting look at the volume of patent cases throughout history. Check out the troll phenomenon with charts! [Patently-O]

* More folks wasting time complaining about blog posts. [South Florida Lawyers]

* Clint Eastwood talks with Chief Judge Kozinski and Judge Fisher at the Ninth Circuit Judicial Conference. These days it’s exciting whenever Clint isn’t talking to an empty chair. Video embedded below… [YouTube]

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Juggalo Washington

* The Insane Clown Posse is appealing their loss in the “Juggalos aren’t gang members” case. F**king lawsuits, how do they work? [Lowering the Bar]

* After losing before the Supreme Court, the University of Texas affirmative action admissions program looked to be in serious trouble. But the Fifth Circuit just ruled that the UT policy met the strict-scrutiny analysis mandated by the Court. The lesson for Abigail Fisher is once more, “How about you get better grades instead of whining?” Or at least “Get politically connected.” [Chronicle of Higher Education]

* Apple agrees to a conditional $450 million settlement with the NYAG’s office in the e-book suit. So you might get some money back from the 50 Shades of Grey purchase. [Reuters]

* The Manassas city police have decided not to engage in kiddie porn pursuant to a warrant. Good for them. [Washington Post]

* “Judges are not deities. They are humans.” Let’s not tell Lat, the shock might kill him. [Katz Justice]

* Maybe it’s time lawyers started looking out for each other. This is a theme we’ve touched on before. [Law and More]

* The hell? Parents arrested for letting their 9-year-old go to the park alone? Suffocating parenting is bad enough without the government expecting it of parents. [Slate]

* CPAs are suing the IRS because the regulation of tax preparers lacks Congressional approval. Because we need more folks off the street claiming to be tax preparers. [TaxProf Blog]

* Lawyer and former South Carolina GOP executive director Todd Kincannon is under investigation by the South Carolina Office of Disciplinary Counsel for basically being a dick on Twitter. As Ken White notes, the First Amendment is all about giving guys like this a forum. [Slate]

The world of specialty license plates is a complicated intersection of private douchebaggery and governmental robbery. Why do we even have to pay for a license and registration? The government shouldn’t be jacking people with a hidden tax — a hidden regressive tax that hits poor people harder than the rich — for the “privilege” of complying with the government’s own requirements.

Meanwhile, if the car is an outward, rolling expression of your inner self, then the vanity license plate is the part of yourself that is an ass. The level of narcissism it takes to tell people stuck behind you on the Major Deegan that you “LVB00B$” is astounding.

The government should either get out of the charge-for-plates business, OR they should give everybody the same freedom you get when you sign up for Gmail. If Nigerian princes can find me over email easily enough, then surely the state trooper can run “em1@NYS” when he pulls me over.

Otherwise, we end up with Texas…

double red triangle arrows Continue reading “Confederate License Plates Should Ruin License Plates For Everybody”

Exploding courthouse toilet = products liability attorney’s dream.

* Funny that SCOTUS just struck down a law imposing a 35-foot buffer zone around abortion clinics, yet it heavily enforces its own buffer zone. Some call it “supreme irony.” [WSJ Law Blog]

* Despite the slacking demand for legal services — down by 8.8 percent in terms of billable hours — members of the Am Law 100 still managed to keep their heads above water. [Am Law Daily]

* Lorin Reisner, chief of the criminal division of S.D.N.Y.’s USAO and Preet Bharara’s right-hand man on Wall Street convictions, is leaving for greener pastures at Paul Weiss. Congrats! [Reuters]

* New York State’s highest court has rejected New York City’s ban on gigantic drinks that was previously proposed by Mayor Michael Bloomberg. Go on, have yourself a nice Quadruple Big Gulp. [Bloomberg]

* When the long arm of the law flushes the toilet, it sometimes explodes, raining down jagged shards of justice. But on a more serious note, we’re happy no one was hurt at this courthouse. [Billings Gazette]

The Supreme Court ruled today in McCullen v. Coakley that a Massachusetts law creating a buffer zone around abortion clinics violates the First Amendment. The law criminalized standing on a public sidewalk within 35 feet of an abortion facility, with narrow exceptions for employee and law enforcement access. Eleanor McCullen, the lead plaintiff, is a grandmother in her late seventies who stood on sidewalks near clinics in order to initiate quiet, one-on-one conversations with women seeking abortions. The Court held today that the buffer zones created by the law burden substantially more speech than necessary to achieve the Commonwealth’s interests.

The Court was unanimous in its judgment that the law violates the First Amendment rights of anti-abortion speakers such as Eleanor McCullen. So, why is McCullen so disappointing to conservatives?

double red triangle arrows Continue reading “Why Conservatives Should Be Disappointed In A 9-0 Ruling In Favor of Abortion Opponents”

That’s what an attorney for The Dirty is saying in a letter that TMZ calls “the most sarcastic letter we’ve ever seen in the 9 years of TMZ.” The Dirty may be best known among our readers from the ongoing Sarah Jones saga, in which a former Cincinnati Bengals cheerleader turned high school teacher was convicted of sleeping with her student and sued The Dirty after the site claimed she’d slept with every member of the Bengals team. Which was obviously false, because when Jones worked there the Bengals were incapable of scoring like that.

Now The Dirty provoked the ire of Casper Smart, Jennifer Lopez’s ex. Smart has generated a lot of rumor-mongering over the past few weeks, with the most salacious starting in the comments section of The Dirty, where two transsexuals claimed they hooked up with Smart. J.Lo’s love may not cost a thing, but that love might cost a J.Lo — or so the argument goes.

Smart says this isn’t true and did what any self-respecting quasi-celebrity would do: he wrote a threatening letter to The Dirty. The Dirty’s counsel responded with all the sarcastic righteous rage you’d expect….

double red triangle arrows Continue reading “Scathing Letter Suggests Smart Lawyer A Dumb [Expletive]“

* Federal judges frequently fly across the globe on other people’s dime for conferences and symposia, but 2012′s most frequent flyer is a judge who was recently embroiled in an ethics scandal: Randall Rader of the Federal Circuit. [National Law Journal]

* Even though she claims nothing is “fundamentally broken,” Securities and Exchange Commission chairwoman Mary Jo White proposed “sweeping” new stock market regulations in an attempt to get with the times. [DealBook / New York Times]

* U. of Maine wants to combine its business and law schools, but professors are concerned about pressing questions like, “What will the diploma say?” rather than, “Do I get to keep my job?” [Portland Press Herald]

* Law schools are seen as cash cows for their affiliated undergraduate universities, but this law school is hurting so bad for cash due to low enrollment the university is infusing it with millions. [Minnesota Daily]

* A Pennsylvania man is suing his local police department for First Amendment violations after he was arrested for cursing in front of officers. N.W.A has a song this guy would like. [Pittsburgh Post-Gazette]

Justice Sonia Sotomayor

Reason enough why no country should ever engage in the practice of Affirmative Action again. This could be the result. Where would she be if she didn’t hit the quota lottery? Here’s a hint: “Would you like to supersize that sir?”

– Florida Assistant State Attorney Kenneth Lewis, in a message expressing his love for Justice Sonia Sotomayor on Facebook. Lewis also posted messages suggesting that “crack hoes” get their tubes tied for Mother’s Day, and in support of Donald Sterling and the right to free speech.

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