O'Connor: Members of Court May Change - Precedent Does Not

Former Supreme Court Justice Sandra O'Connor speaks out about the importance of stare decisis:

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Death Penalty Opponents Decry Ohio Execution

The ACLU and other groups are asking for a moratorium on executions in Ohio after State officials took just under two hours to execute a condemned prisoner. Officials needed ten tries to locate a vein that could be used to administer the lethal injection.

Is this just cause to institute a moratorium? Why or why not?

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Coke Employees Get 'The Real Thing': Prison Sentences

Two Coke employees have been sentenced for attempting to sell trade secrets/products to Pepsi. Interesting that Pepsi is the one who tipped Coke off on the offer.

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Issue for the Supreme Court: Does Capital Punishment for Child Rape Violate the 8th Amendment?

. . . it does not, according to the LA Supreme Court. While it's unknown if the U.S. Supreme Court will review the case, it's possible that the Court could issue it's first opinion on this issue since 1977 (wherein the Court held that the 8th Amendment prohibits capital punishment for rape of an adult).

Your thoughts?

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Are Psychic Readings Protected by the 1st Amendment?

The legislative officials in Livingston Parish, LA don't think so . . . By way of a unanimous vote, telling the future for money has been criminalized. So, is the fortune telling protected speech? If so, does the local government have a compelling interest sufficient to criminalize it?

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High Court: Parents May Represent Themselves in Federal Suit

The U.S. Supreme Court has issued a unanimous ruling that a couple may sue their local school district, and represent themselves, on behalf of their autistic son. The Court did not address the substantive issue of whether the school system must pay for the child's private education. However, this procedural ruling will permit the case to proceed toward the trial stage.

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Mass. Court: Gay Marriages by New Yorkers Prior to July 2006 are Valid

Courts in Massachusetts have ruled that gay marriages for New Yorkers prior to July 2006 (when NY enacted a measure refusing to recognize gay marriages enacted in other states) are valid. Interesting jurisdictional issues . . .

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"That's so gay" student lawsuit is dismissed

The student who was reprimanded at school for saying "That's so gay" had filed a civil suit against the school district accusing the defendant of applying a double-standard in that the school allegedly protected homosexual rights while permitting other students to tease the plaintiff for her Mormon beliefs. The lawsuit was dismissed.

Your thoughts?

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Efforts to Limit Medical Malpractice Awards Stall in TN General Assembly

It appears that efforts to limit medical malpractice awards have been stalled and the measure will likely not be voted on until the next legislative session.

This has been attempted for many years, now, without success. Is it needed?

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Divorce rates decline = Stronger marriages in U.S.?

Divorce rates lowest since 1970 . . .

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Deceased Sperm Donor Ordered to Pay Child Support

A Pennsylvania Court has ruled that a deceased sperm donor is liable for child support. No word on whether attempts will be made to collect from his estate. The ruling indicates that liability attached in this case due to the donor's close relationship with the children.

This raises questions as to whether egg donors and surrogate mothers might also be liable for child support in Pennsylvania . . .

Click here for the full article

Racy "Life's Short, Get a Divorce" Law Firm Billboard is Pulled

Some of you may have seen this on CNN yesterday . . . the law firm sees nothing wrong with its ad, but many passersby evidently did:

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Philip Workman Becomes 3rd Person Executed in Tennessee since 1960

Here's an article from the Tennessean regarding Philp Workman's execution earlier this morning. If you'll remember, the State issued new execution protocols last week. The U.S. Supreme Court denied his last appeal on Tuesday and the Tennessee Supreme Court issued a denial just after midnight.

Workman Execution Article

Law seeks to permit guns in parks . . . good idea or bad idea?

The Tennessee Legislature is considering a bill that would permit Tennesseans who have handgun permits to carry their weapons into state parks. The Virginia Tech tragedy seems to have given the bill a head of steam as it makes its way through committees.

Good idea or bad idea?

http://www.tennessean.com/apps/pbcs.dll/article?AID=/20070508/NEWS0201/705080371

Ouch . . . Here's a lawsuit by a Met's fan who says she was squished by a 300 lb., intoxicated fan (oh yes, the plaintiff just happens to be a lawyer)

NEW YORK (AP) -- A New York Mets fan has filed suit, contending a drunken, 300-pound man fell on her during the home opener at Shea Stadium and broke her back.

Ellen Massey, a 58-year-old Manhattan lawyer, sued the team, the beer concession, the union that represents the security guards at the ballpark and "John Doe," the unidentified man who toppled on her.

Massey had surgery for spinal injuries and was hospitalized for about two weeks, said her lawyer, Stephen Kaufman. Doctors put rods and screws in her back and will have to operate on her again, he said.

The lawsuit, filed Friday in Manhattan's state Supreme Court, seeks unspecified money damages.
"We believe the claim has no merit," the Mets said in a statement.

Massey said that on April 9 she was in the second row of the right field upper deck near a "visibly intoxicated" man who was "acting in a rowdy, boisterous and dangerous manner for a long period of time."

The man, who has not been found or identified, later "fell upon plaintiff causing her to sustain severe personal injuries," court papers said.

"He got up and left," apparently uninjured, Kaufman said. "We have information that one of the security people might have spoken to him and let him leave."

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