Violence

I was raised to never hit a girl. I was raised at a time when you had no concept of a girl doing that. In the 1950s, girls didn’t snatch purses. They wore petticoats.

Jonathan Damon, a Michigan lawyer, in remarks made after subduing Mikayla Danielle Hull, an alleged purse snatcher. During the course of the struggle, thinking that Hull was a man, Damon punched her in the face repeatedly after she bit his wrist, breaking the skin. Damon will not be charged for hitting Hull.

(Want to see the video of this lawyer’s heroics? We’ve got it, after the jump.)

double red triangle arrows Continue reading “Would You Punch A Woman In The Face? This Lawyer Did….”

In Washington, D.C. on Monday, Aaron Alexis gunned down twelve people. As if designed to preempt the scripted reactions of those who fight for an anemic interpretation of the Second Amendment, the Navy Yard massacre included no assault weapon. Alexis committed his crimes in a virtually gun-free zone. His background had been checked in order to gain the active security clearance he held prior to the shooting. While I’m usually game for a good discussion of the proper limits of the Second Amendment, that alone cannot sensibly be the focus here.

Neither is the matter so simple as switching the sound bite of choice from “gun control” to “mental health and gun control.” Most states, as well as the feds, already substantially limit lawful access to firearms by the mentally ill. Even Texas does.

If the law can deprive felons of their Second Amendment rights, gun control measures that restrict the rights of entire classes of potentially dangerous citizens are not off the table. Even as a conservative, my defense of your individual right to bear arms stops right about when you start having auditory hallucinations. But it’s long past time to start responding to horrors like what occurred this week at the Washington Navy Yard with less talk about guns and more talk about mental illness . . . .

double red triangle arrows Continue reading “What We’re Not Talking About When We’re Talking About Guns”

* The death toll of the latest mass shooting at the Navy Yard is 13 (including the gunman, military contractor Aaron Alexis), and people are rallying for stricter gun control laws before we’ve even had time to mourn. When will we ever learn? [New York Times]

* Today is Constitution Day, and Justice Antonin Scalia would like to remind you to celebrate — except if you think it’s a living document. If that’s the case, you can just “[f]ugget about the Constitution,” because that thing is dead, baby. [Blog of Legal Times]

* Please sir, we want some more! The Judiciary Conference has been forced to plea poverty to President Barack Obama due to its teeny tiny itsy bitsy post-sequestration budget. [National Law Journal (sub. req.)]

* Congrats to Kimberley Leach Johnson, the first woman to climb to the very top of the ladder at Quarles & Brady. That makes her the only eighth woman currently leading a Biglaw firm. [WSJ Law Blog (sub. req.)]

* And congrats to Matt Johnson, outgoing chief counsel to Senator John Cornyn (R-Texas), on his return to the private sector. He’ll be taking his talents to the lobbying firm, McBee Strategic Consulting. [The Hill]

* From second career choices to no career choices: if you want to go to law school after working in another field, you should consider if it will help or hinder your applications. [Law Admissions Lowdown / U.S. News]

See, RBG, getting your money back in Grand Theft Auto is easier than it looks.

It was kind of hilarious.

– Justice Elena Kagan, describing what it was like to watch some of her colleagues on the high court play violent video games for research purposes in preparation for hearing the Brown v. Entertainment Merchants Association case.

Thank God for lunch breaks.

It appears that a lone gunman fired on a law office that was somehow involved in a personal injury case that was dismissed over a year ago. No lawyers were in the office at the time. The gunman, after shooting through the door to get into the office, fired multiple shots in the building before turning the gun on himself.

A Redditor whose mother works for the law office posted pictures of the damage and the crime scene. It appears that most of the firm’s employees were out to lunch…

double red triangle arrows Continue reading “Disgruntled Man Shoots Empty Law Office, Then Apparently Turns Gun On Himself”

[L]et’s try to help the person, she obviously had a bad night, and we don’t need to continue to hurt her dignity about this issue. So let the court do what the court’s supposed to do, and please, we don’t need to have theatrics around this issue.

– Alderman Tom Tunney of Chicago’s 44th Ward, in a voicemail message left for the owner of an adult sex shop about assistant state’s attorney Sarah Naughton, the “apparently intoxicated” prosecutrix who allegedly bit the leg of one of the porn purveyor’s employees, while the scandalous case was still pending.

While Naughton was acquitted of all charges in April, Tunney was recently found to have abused his authority by attempting to “tamper with” a potential witness in Naughton’s criminal investigation.

(Read on to hear Tunney’s message, and see footage of Naughton’s arrest.)

double red triangle arrows Continue reading “Alleged Adult Store Ankle-Biter Acquitted, But Was Witness Tampering Involved?”

In fairness, only one legal story dominated the week. The Zimmerman verdict provided a new twist daily. It even got Kim Kardashian involved, which was a relief to the unwashed masses waiting to hear how a spoiled sex-tape star would react to a verdict at the intersection of race and gun policy.

But the most newsworthy verdict in years was not the only thing happening this week, regardless of what CNN would like you to believe…

double red triangle arrows Continue reading “3 Legal Stories That Dominated the Week”

Senator Kirsten Gillibrand

Okay. It finally happened. Our colleague Tamara Tabo finally wrote something that required a response from one of your faithful regular editors.

Tamara makes some excellent points about the incidence of rape not necessarily being higher in the military than in civilian institutions (at least as reported).

Fine.

But the problem is not so much what she says, but why? What’s to be gained by taking to the pulpit and saying that the incidence of military rape is on par with civilian rape and that the concern of policymakers is misplaced?

The only answer is to suggest that military rape is not a problem because it’s in line with the rest of society. And that’s not a good argument.

But not as bad as the argument that drunk women are the real problem in rape cases…

double red triangle arrows Continue reading “Nothing Is Gained By Minimizing Rape — A Response”

On Tuesday, Republican Senators Ted Cruz and Rand Paul joined Democratic Senator Kirsten Gillibrand in her push to pass new legislation that would remove the chain of command from military sexual assault cases. Senator Gillibrand argues that women in the military are afraid to report rapes, and when they do report them, the crimes are not always prosecuted.

People of conscience want sexual assault victims to report. We want sexual offenders to be duly processed and punished. We want individuals wrongly accused to suffer as little harm as possible as they clear their names. We share these broad goals, though we may differ about specific means of achieving them.

I respect Senator Gillibrand for formulating a proposal. I respect Senators Cruz and Paul for crossing the aisle to support legislation they believe in. I am unpersuaded, however, that this bill would adequately and fairly address the problem.

Legislation like Gillibrand’s treats as unique a problem that is not. Relevant statistics suggest that young women may be at no greater risk of being sexually assaulted in the military than being sexually assaulted on a college or university campus. Why propagate a message of fear that sending our daughters (or ourselves) into the service amounts to handing them over to an unpatrolled, unrepentant rape culture, but shipping off young women to college is relatively safe? Why send the message that our women are more likely to be raped by a fellow Marine than by a frat brother from Sigma Chi?

double red triangle arrows Continue reading “Marine Barracks or College Dorm: Senate Bill Raises False Alarm Over Where Women Are Most Likely to Be Raped”

Before the George Zimmerman verdict, I said that the case had nothing to do with Florida’s controversial “Stand Your Ground” law. I said this because Zimmerman and his attorneys were not arguing “Stand Your Ground.” Stand Your Ground has to do with Florida’s wild west approach to the duty to retreat. Florida extends the castle doctrine to public spaces. To take the legalese out of it, Stand Your Ground simply means that if you are attacked in public, you don’t have to run, even if you can safely and reasonably do so. You can stand and fight, meet force with force, and shoot to kill if you fear for your life or a serious injury.

But that wasn’t the case Zimmerman was making. He argued that he had no opportunity to reasonably and safely escape anyway, so it was a simple issue of self-defense. Stand Your Ground had nothing to do with it.

Anyway, I wrote that, and then an hour later, the judge gave jury instructions ripped right from the Stand Your Ground statute. And now the idiot juror B37 is going on television talking about how Zimmerman had a right to stand his ground, so what do I know? It’s my fault for even thinking for a second that the people of Florida could apply their own laws correctly.

So, I agreed to go onto HuffPost Live and debate whether Stand Your Ground laws are essentially a “license to kill.” Interestingly, one of the people on the panel was a Florida state representative who accepted the challenge of defending Florida’s statute….

double red triangle arrows Continue reading “Florida Lawmaker Stands His Ground Against Me Over ‘Stand Your Ground’ Law”

Page 6 of 461...2345678910...46