The principal of Park High School returned to school Tuesday after a six-day suspension for giving a student a “wedgie.” The Livingston School District Board held a special meeting Monday and approved Superintendent Hannibal Anderson’s recommendation that Principal Eric Messerli be allowed to return to work.
“It has been clearly recognized and stated that the behavior is inappropriate, unprofessional and unacceptable,” Anderson said.
Plainly inappropriate. But people may be getting their tighty-whities in a wad over this:
Messerli cried Monday as he read a statement to the board and the public. “I’ve made mistakes in my life, but none have had the impact that this one has had,” he said.
He cried? Wow. That chafing must have been really bad.
Here is Tom Elia’s take:
Unnamed legal sources claim that the suspension would have been at least double if the plain ‘wedgie’ has been accompanied by a ‘pink belly,’ or had risen to the level of ‘atomic wedgie.’
There was some debate about what the penalty for administering ‘noogies’ should be, however.
* Carter to Ensign: “I may be a carpetbagger, but you’re a Bushman.” [AP via Online Athens]
* Out here in the West, we have a rugged, independent, individualist spirit. However, we want to make sure that our judges never express it. [Washington Times via How Appealing]
* The Constitution says that the writ of habeas corpus can be suspended only in times of rebellion or invasion. When it was suspended during a rebellion, and then later during an invasion, these suspensions were found to be unconstitutional. Now it’s being permanently suspended for a certain class of people without the circumstance of either a rebellion or an invasion. I’m sure we fine. [Fulton County Daily Report (subscription)]
* Scalia to the courts: You leave the country alone, and they’ll leave you alone, mmmkay?[WSJ Law Blog]
* Yet another lawsuit against Cracker Barrel, and again it has nothing to do with how greasy and soggy the omelets are. Just saying. [CNN]
* Banning fun? They’re turning grade school into law school! [CNN]
* You’ve already heard about the melee between FIU and Miami (FL). But check out this Ivy League brawl, which brings to mind an old Onion article. [MSNBC]
* Keith Olbermann: “And if Justice Kennedy tries to change us back, we can always call him an enemy combatant.” Professor Turley lays the smack down on executive agrandizement and the new habeas law. [MSNBC]
* Note to self: if you agree to sell something for $139 million, don’t bring your buddies up to check it out during a party. But if you must, make one of those buddies a superlawyer. [WSJ Law Blog; DealBreaker]
For you fantasy football tip-seekers, see you after the jump…
* Lawyer facing 30 years gets 28 months for the terrorism equivalent of passing a note in class. [New York Times]
* This guy is talking major smack about the Constitution. Where does he get off speaking his mind in a free press? And all without the fear of having the king’s soldiers quartered in his residence! [L.A. Times]
* Coming soon to a comic-con near you: ” By becoming a more skillful listener and communicator, Attorney Man masters the art of sales and develops a healthy roster of supersatisfied clients. `Wow! Look at those learned hands!’ one client gushes admiringly.” [Boston Globe via WSJ Law Blog]
* Another stock scandal for a high ranking government official. Who’d have thought the former chairman of the F.D.A. Obesity Working Group would come up with an easy way to make money. [N.Y. Times]
* Nadine and Nino go mano-a-mano this weekend on CSPAN (Washington’s ESPN). Says the mildly-worded AP article, “Scalia… generally finds himself taking the opposite position to the ACLU.” [Law.com]
* “If Mark Foley had sex with a page in the District of Columbia, it wouldn’t be a crime. In the capital, the age of consent is 16, as it is in many states. That, coincidentally, is the minimum age to be a page.” [Los Angeles Times]
* The Sixth Circuit has placed Judge Anna Diggs Taylor’s warrantless wiretapping handiwork on hold. [Detroit Free Press via How Appealing]
* Some benchslapping of the government, courtesy of Second Circuit Judge Jon O. Newman: “Beatings? Exposure to air-conditioning after standing in the rain? Needless strip-searches? Never approached a due process violation? If I thought your client really believed that, I’ve got to tell you, I’d be really troubled.” [New York Times]
* The other shoe has dropped in the HP leak investigation scandal: criminal charges have been filed against former chairwoman Patricia Dunn and four others. [New York Times]
* Apple joins the options backdating scandal club. [New York Times; WSJ Law Blog]
* An investigation by the Justice Department Inspector General reveals that the Bureau of Prisons doesn’t have enough staff to monitor communications of imprisoned terrorists with the outside world, including mail and phone calls. [Washington Post]
(And what about Instant Messenger? “What ya wearing?” “A burka.” “Love to slip it off you…”)
* The Supreme Court kicks off October Term 2005 — and J. Lo is in the house. José Antonio López’s appeal raises the question of what constitutes a “felony punishable under the Controlled Substances Act” (which the Court has grappled with before, and surely will again). [New York Times; Los Angeles Times; Washington Post]
* That wacky Ninth Circuit ruling from earlier this year, holding that arresting the homeless for sleeping on streets and sidewalks constitutes “cruel and unusual punishment,” may be coming home back to the shelter to roost. It could jeopardize Los Angeles’s attempted crackdown on homeless encampments. [Los Angeles Times]
* Larry Sonsini’s reputation has been tarnished by his involvement in the HP and options backdating scandals. But he’s got all his life to live, he’s got all his love to give; he will survive… [WSJ Law Blog]
* Ex-Comverse Technology CEO Kobi Alexander, wanted back in the United States on options backdating charges, is granted bail by a Namibian court, over U.S. objections. Those starstruck Namibians! Ever since Brangelina, they’re suckers for the rich and (in)famous. [Associated Press]
* Senate approves broad new rules to try detainees. [New York Times; Bashman linkwrap]
* Senate House grandstands over Hewlett-Packard as most witnesses take Fifth; libertarians celebrate that time wasted is time not spent passing new appropriations. [New York Times; WaPo]
* Verizon Wireless piles on against H-P. [WSJ Law Blog]
* Observers suggest Supreme Court cases over abortion might be contentious. You think? [Legal Times]
* Dozen Iraqi journalists arrested under new law against criticism of government. See? They’re already following in our footsteps up to the Alien and Sedition Acts! [New York Times]
* Belgium rules sifting of bank data illegal. [WaPo]
* California court hearing testimony over how many angels can dance on the pinhead of an anesthesized Death Row inmate. [Bashman linkwrap]
* Louisiana appellate court strikes down med-mal damages cap for failure to index to inflation, providing another excuse for doctors not to return to post-Katrina New Orleans. [Point of Law]
* New York Times writes thumbsucker on the Pirro marriage. [New York Times]
Hey, it’s not yet noon — so we can still call this “Morning Docket.”
(Sorry for the delay. But if you care about actual legal news, as opposed to our crude musings on them, you really should go here or here instead.)
* BREAKING: Ann Baskins just resigned as general counsel of HP. And her lawyer, K. Lee Blalack 2nd of O’Melveny & Myers, said that she will not answer questions at today’s congressional hearings into the HP leak investigation scandal. [New York Times]
* Apparently Namibia is good for things other than harboring baby-bearing celebrities. Kobi Alexander — who is not an NBA player, but the ex-CEO of Comverse Technology — has been found in the African nation. As you may recall, after he was indicted on federal criminal charges arising out of alleged options backdating, Alexander became a fugitive. [Wall Street Journal via WSJ Law Blog]
* Not all internet sickos are creepy white men like John Mark Karr. There are a few ladies out there, too. [Pittsburgh Post-Gazette via How Appealing]
* Federal prosecutors are looking into whether Jeanine Pirro, anti-porn prosecutrix and the Republican candidate for New York attorney general, illegally taped conversations of her husband, to figure out if he was having (another) affair. Her partner in (possible) crime: Bernard Kerik, the former New York City police commissioner and ill-fated pick for DHS Secretary. [New York Times]
(Anyone have a link to the tapes? We heard them on the news this morning, and Pirro repeatedly drops the F-bomb. It’s pretty awesome.)
* The long and tortuous path to legislation governing the treatment of terror detainees may be reaching an end — and not a moment too soon, since this story is kinda hard to follow. And a bit boring. And torture generally doesn’t lend itself to humor opportunities. But seehere. [New York Times; How Appealing (linkwrap)]
* We described the HP leak investigation scandal as a “made-for-television movie” well before Rep. Dianna Degette (D. Colo.) did. [WSJ Law Blog]
Okay, so he’s no Alice Fisher — the ball-busting, badass blonde, recently confirmed to head the DOJ’s Criminal Division, who has white-collar criminals shaking in their boots. But he’s still a highly regarded attorney — and pretty cute, too.
So ATL sends its congratulations to Kenneth L. Wainstein, just confirmed by the Senate as assistant attorney general for the Department’s brand-new National Security Division (NSD). Previously Wainstein served as U.S. Attorney for the District of Columbia.
The Wall Street Journal — which criticized the Democrats for holding up Wainstein’s nomination 4-evah — describes Ken Wainstein’s new job as follows:
Mr. Wainstein is waiting to fill a new post recommended in last year’s Robb-Silberman report to further break down the “wall” between intelligence and law enforcement. The new post would bring Justice’s counterespionage, counterintelligence and wiretapping units under one Assistant AG. Mr. Wainstein would also be the law enforcement world’s primary liaison with the intelligence community.
President Bush approved the change, Congress authorized it while renewing the Patriot Act earlier this year, and Mr. Wainstein’s offices are humming with computers. All that’s missing is a leader.
(Yeah, we know, today’s “Morning Docket” is coming in just in time for lunch. Sorry, we overslept…)
* Former Enron CEO Jeff Skilling is facing 20 to 30 years in prison when he’s sentenced next month — but he can still get himself into even more trouble. Impressive. [Houston Chronicle via WSJ Law Blog]
* Elsewhere in Enron-land, ex-CFO Andy Fastow is seeking leniency in advance of his sentencing next week. Did you know he built a picnic table at his synagogue? [Washington Post; WSJ Law Blog]
* Clarence Hill, the death row inmate who sought to challenge the constitutionality of Florida’s lethal injection procedure, was executed last night. The Supreme Court decided, by a 5-4 vote, not to grant him a new stay of execution. [New York Times]
* Something complicated happened in the House concerning the White House’s proposal for interrogating and prosecuting terror suspects. Parliamentary procedure can be so wacky! Let’s face it: Nothing is getting done on this until after the November elections. [Washington Post]
* Hey, that’s neat: “Eugene Volokh” is on ABC’s “Boston Legal.” [How Appealing]
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 seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
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