For years, one of my pro bono activities was serving as a small claims court arbitrator in Manhattan civil court. It was, to be frank, illuminating. While the breadth of claims was, well, breathtaking, there were certain claims that were exceptionally common. The “bad haircut” cases, the “security deposit refund” cases and the nastiest of all, the “neighbor” cases.

It’s good to know neighbors aren’t just awful in New York City, but in Ontario, Canada, as well.

In what is perhaps the piece de resistance of the claim, the Plaintiffs allege that the Defendants – again focusing primarily on Ms. Taerk – sometimes stand in their own driveway or elsewhere on their property and look at the Plaintiffs’ house. One of the video exhibits shows Ms. Taerk doing just that, casting her gaze from her own property across the street and resting her eyes on the Plaintiffs’ abode for a full 25 seconds. There is no denying that Ms. Taerk is guilty as charged. The camera doesn’t lie.

Continue reading →

No one can reasonably dispute that vocabulary is an important part of a child’s education. So what’s wrong with creating a bit of synergy on a vocabulary test?

The mother of a St. Augustine High School student said she’s concerned about the political wording of a question on a vocabulary exam her son took Monday.

Reanna Parham and her son Logan said the question was part of an advanced English exam, and Logan said many in the class were talking about the way it was worded.

“Advanced,” indeed. Continue reading →

At the moment, roadblocks to voting are on the front burner, under the assumption that if the Democrats can just create a new voting block of ex-cons, they will adopt progressive ideals of getting whatever makes their life better for free and vote their team. Whether that’s true remains to be seen, but nonetheless, they aren’t wrong to fight for the franchise for people who have served their sentence. They should be entitled to their right to vote, no matter who they vote for.

But then there’s the fee issue, where restoration of voting rights is contingent on ex-cons paying their debt to society not only by time in prison, but in actual dollars. Regardless of the moment’s trendy concern for the sake of voting rights, the burden of prison debt will remain a massive problem for people who we want and expect to come out of prison and lead law-abiding productive lives.

While many Americans would claim to believe in second chances, this country’s felony laws frequently block people from full participation in our society after they’ve served time by denying them the right to vote. Those who have completed their sentences are all too often prevented from casting ballots simply because they have unpaid court fines and fees.

Continue reading →

Professor Garrett Epps sought to school me in political correctness, after I twitted that it wasn’t just a matter of “decency, manners and common sense.”

Translation: asking people not to be rude to you oppresses them.

Was that a better characterization of political correctness than mine? After all, don’t people have the right to tell someone that they don’t care for their “rude” words? Of course they do, but the problem is that it’s not about “asking,” or even “rudeness.” Ali Kingston, the student bar president at George Washington law school learned this the hard way. Continue reading →

How many thousands, tens of thousands, of young people have endured the pleasure of a TSA worker touching the parts of their body that would put anyone else in prison, or at least expel them from college? So what if the TSA has never thwarted a terrorist. Isn’t the bodily integrity of air travelers a small price to pay for the solace of safety for the fearful?

But at least the fellow-travelers are there and aware of the TSA’s advances. What about parents whose children are snatched by another group of well-intended protectors, only to be whisked away for a routine examination of their vagina and rectum. Not because of any particular concern that the child has been sexually abused, but just because . . . to not digitally inspect a child’s “most intimate parts” would mean the government didn’t do all they could, everything possible, to protect the child. By some random person’s finger spreading their labia.

The Ninth Circuit in Mann v. County of San Diego held that doing this violated the parents’ Fourteenth Amendment right and the children’s Fourth Amendment rights. The scenario began with another well-intended requirement, mandatory reporting. Continue reading →

Andy Rubin is the guy who invented Android software, which may not mean a whole lot to you but likely meant a great deal to Google, because money. And so when he left, it was with warm words of thanks and a more substantive show of appreciation.

Google gave Andy Rubin, the creator of Android mobile software, a hero’s farewell when he left the company in October 2014.

“I want to wish Andy all the best with what’s next,” Larry Page, Google’s chief executive then, said in a public statement. “With Android he created something truly remarkable — with a billion-plus happy users.”

And, according to the Times, a golden handshake. Continue reading →

The demand by the Wisconsin Association of Criminal Defense Lawyers is for an apology, and there is little question that Circuit Judge David Borowski, if he had any shame at all, should do so. Then again, if he had the proper temperament for being a judge, he wouldn’t be in the situation where he owed an apology.

It began with a urine test by Marcus Wilborn.

Marcus Wilborn, 32, was charged in August with homicide by negligent operation of a motor vehicle for a June 2017 two-car crash near North 30th Street and West Lisbon Avenue. He struck another driver broadside an the intersection. Wilborn’s blood showed an alcohol level of 0.11 and a significant presence of THC, the active ingredient in marijuana.

He had been free on a $50,000 signature bond since August. One of his conditions of release is maintaining absolute sobriety.

Continue reading →

The subject line caught my eye, despite my heavy hand on the delete button.

SCOTT, Better Chances Than The Pope?

The Pope? Oddly enough, I receive very few emails referencing leaders of any religion, no less the Pope. So, against my better judgment, I opened it.

Hi SCOTT,

I’m sure you’re absolutely tired of receiving emails from a tired old hag like me. And given that I’ve more chances of seeing the Pope shoot out ping pong balls during a Vatican parade than actually receive a response from you, I’m assuming you’re not interested in our services.

I’d like to say that you do have a really awesome blog and if you change your mind in the future, I’m just one email away from getting you that mobile app.

Best,
Jamie

Continue reading →

It’s been mentioned on occasion that writing law is hard, often too hard for legislatures to bother with when there is a problem that demands a solution. Something must be done, and in Ohio, as Tim Cushing notes, the lege signed a blank check.

An Ohio law that expands the definition of distracted driving took effect Monday.

The previous law defined distracted driving as driving “using a handheld electronic wireless communications device” targeting traditional mobile phone usage while driving. The new law retains this definition while also expanding distracted to include “Engaging in activity that is not necessary for the vehicle’s operation and that impairs, or reasonably would be expected to impair, the driver’s ability to drive safely.”

No doubt this law was meant to cover some wrong, some evil, some risk that the legislature deemed too grave to go unpunishable, but what that may be can’t be discerned from the words. Continue reading →

Most experienced lawyers appreciate the value of mentorship, having gained from their relationship with a more experienced lawyer what law school could never teach them. It’s not a sexy subject, even less so in the past few years as the nature of mentorship has continued in its trend away from learning and more toward validation.

Mentees are no longer tolerant of being told they’re doing it wrong, but expect a “good” mentor to only offer tummy rubs. Anything less is mean, and they have no use for mean. For reasons that elude me, they are of the view that they are doing their mentors a favor by allowing them to spend precious time handing out cookies and praise. And they’re not entirely wrong, given that mentors of a certain persuasion seem more than happy to do just that.

But even worse than bad mentors, who fail their mentees by being too nice, or too fearful, to correct errors is to be denied the opportunity to be mentored at all, and that seems a likely problem coming as a backlash to neo-feminism, particularly after the #MeToo movement picked up steam. Continue reading →