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« June 2008 | Main | August 2008 »
Tuesday, July 29, 2008 - 15:03:19
Sweet Justice
I try to go to the Hot Springs Documentary Film Fest every year. A couple of years ago, I caught what has to be my favorite film I've ever seen there: Streetfight. It is about the race for the mayor of Newark, New Jersey, centered on the challenger, Cory Booker.
Booker was challenging the incumbent -Sharpe James. James was not only mayor, he was also a state senator, and he had been in office since 1970. James was an old style politician - corrupt to the core - but with a vast, loyal following. In the end, Booker lost the election. But, he ran the next time and is now the mayor, and probably has a great political future.
Anyone who has seen this film will appreciate this news - Sharpe James was sentenced to 27 months in prison today for diverting city owned land to his mistress, who was also convicted. Sometimes people get exactly what they deserve.
Sincerely,
Monday, July 21, 2008 - 08:43:53
Court Throws Out Fine For Janet Jackson's "Wardrobe Malfunction"
From Breitbart: The 3rd Circuit Court of Appeals threw out the FCC's $550,000 fine against CBS for Janet Jackson's "wardrobe malfunction" during the 2004 Superbowl. Applying classic administrative legal concepts, the Court held that the FCC acted arbitrarily. The Court ruled (correctly) that the FCC "cannot change a well-established course of action without supplying notice of and a reasoned explanation for its policy departure." Meaning, if you are going to do it to CBS - you have to do it to everyone.
Of course, I say it was no malfunction - Jackson intended it all along, although she may not have told CBS of her plans. One of the lines of the song she was performing with 90 million people watching was "[g]onna have you naked by the end of this song." Or maybe it was just a coincidence.
Sunday, July 20, 2008 - 14:08:42
Green Party Sticks With Fringe Candidates
The Green Party nominated Cynthia McKinney as its candidate for president. If their goal was to maintain a reputation as a fringe party - they could not have picked a better candidate. ( See the extended entry discussing McKinney's assault of a House of Representatives police officer) For example, during the 2000 presidential campaign, she wrote that "[Al] Gore's Negro tolerance level has never been too high. I've never known him to have more than one black person around him at any given time." Of course, his campaign manager was black. Just because someone has lots of good, or at least, interesting ideas - doesn't mean they should be your party's candidate for president - but the Greens don't seem to care about that.Fortunately, the Green Party of Arkansas doesn't seem to suffer from this flaw.
Democratic Party Denies Dobbins ' Certification
The Democratic Party of Arkansas stripped Dwayne Dobbins of being a nominee for state representative after passing a rule that prevents anyone who resigns their seat as part of a plea bargain from running on the Democratic ticket.I'm all for such a rule. But, it won't work. Dobbins has a great "consultant' ( not clear he is representing Dobbins) in Leon Johnson, a former circuit court judge, - who was recently considered for appointment as U.S. District Court Judge.
This issue has been litigated before. In theory, a state political party has the right to "prescribe the qualifications of their own membership, prescribe the qualifications for voting in their party primaries, and establish rules and procedure for their own organization." Ark. Code Ann. 7-3-101. Also, the county committee must certify the names that will go on the party's ballot according to § 7-5-207. So, if the committee refuses to certify - the name won't go on the ballot. In theory.
In 1994, a crackpot Republican named Dan Ivy was convicted of 3rd degree battery. He had signed up to run for attorney general. The Republican Party of Arkansas met and voted not to certify Ivy as their candidate. He sued to be included on the ballot. Ivy won. The Arkansas Supreme Court, citing precedent, ruled that the county committee and its chairman do not have the discretion to decide who is eligible to run. They cited a case where an E.T. Ridgeway signed up to run for Governor as a Democrat. The state party then learned he had been convicted of a felony, and refused to place his name on the ballot. He sued claiming they didn't have that power and he won, at least in the short term. They overruled the party's action, stating "[i]f this can be done, and should be done, the door would be opened wide for corrupt and partisan action." Their idea of corrupt action was waiting to change the rules until the day before ballots are printed - thus giving the candidate no time to appeal the action to a court of law. What if they changed the rule to say women can't vote? You can see the problem here - the Court ruled that only a Court has the final say as to who can be striken from the a ballot.
This is the same situation. Assuming the cases will be followed, the party can't keep Dobbins name off the ballot. If he sues - I predict he will easily win.
However, he might win this battle just to lose the war. I also predict Dobbins will easy beat the Green Party candidate and the write-in candidate. Once he is elected --- the Arkansas House of Representatives can then refuse to have him seated. Here, another set of rules apply, specifically the Arkansas Constitution which reserves the power of deciding qualifications of members of each chamber, House and Senate.
Because the entire House of Representatives votes on this issue - this is a good time to let your Representative know what you think they should do. At his guilty plea, Dobbins admitted to fondling a 17 year old girl. He had to (temporarily) resign his House seat. Now, he has the audacity to run again. I'll be letting my representative know that sex offenders have no place in politics.
I also predict his wife will run again, and win again. The Ivy case is in the extended entry.
Saturday, July 19, 2008 - 16:36:22
We don't negotiate with terrorists, except when we do
The Obama haters have been gushing on for weeks about how we shouldn't "talking to terrorists," specifically Iran. Now what is the Bush administration doing ? Talking to IranJust like we will never have a timeline for troop withdrawal from Iraq. Instead, let's just call it something different -- a "time horizon." It just sounds better already doesn't it?
Friday, July 18, 2008 - 15:59:18
Fugitive from Arkansas to plead guilty in four deaths
From CNN, Arkansan pleads guilty to four at-sea death.You really don't want to see this lawyer's briefs
Really, you don'tReason #34 to hate the phone company
How D.C. Plans To (Not) Comply With U.S. Supreme Court Ruling Striking Down Gun Ban
Things they don't teach you in law school, Part 1
So you think you are anonymous? Maybe not
Some memorable quotes by Sen. John Mcain
Borat strikes in Fort Smith
27 UCA Students get letters to stop computer privacy
Comcast in hot water over blocking file sharing
No dog on the menu for the Olympic games
Publishing Social Security Numbers
Must be a bit demoralizing
When they say "Life" they really mean it
Sprint and Verizon Banish Usegroup Alt Sites
Child Abuse Sentencing Dilemmas
Conflict of Interest or Just Conflicting Opinion UPDATED
Conflict of Interest or Just Conflicting Opinion
You know facebook isn't cool anymore when:
Are you a registered voter ?
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