Inconsistent Pleadings: What is the Internet If Not a Clearinghouse for All Manner of Off-Topic, Anal-Related Comments?
As in great works of literature, the narrative arc of judicial opinions is often apparent in the first line. Consider this opener from a recent California appeals court case: "A 15-year old high school student was pursuing a career in entertainment and maintained a Web site for that purpose." If I tell you that said website was comment-enabled, I probably don't need to add that this kid's electronic ode to himself became a repository of homophobic juvenalia within hours of its discovery by his classmates. READ MORE
Inconsistent Pleadings: Town of Sexting Teens Not Also Hotbed of Kiddie Porn
In 2008, George Skumanick, then-District Attorney for Wyoming County, Pennsylvania, noticed an alarming problem, one that called for the immediate intervention of the local law enforcement apparatus: "rampant sexting." This grave threat to rural Pennsylvania's social order was brought to his attention by various Tunkhannock School District officials, who, after confiscating the phones of males and females in the Justin Bieber age cohort, discovered pictures of ladies in various stages of undress. Most of those stages involved bathing suits or bras, but apparently, if you looked at some of the pictures carefully (and the Tunkhannock school district officials definitely did), there was nipplage to be seen. For reasons that are not entirely clear (read: insanity), the school officials concluded that the pictures were a criminal justice issue and so they handed the phones over to District Attorney Skumanick. READ MORE
Inconsistent Pleadings: Liberals, Don't Flip Out Over 'McDonald v. Chicago'
A well-chewed bit of conventional wisdom holds that cultural conflagrations find no better accelerant than a Supreme Court opinion. Under this theory, smoldering social divisions explode into Samuel Pepys territory when the Court short circuits the democratic process and moves definitively to settle a social issue. Exhibit A is typically Roe v. Wade, which, in attempting to remove abortion from the realm of political controversy, instead visited upon us several decades of incessant yelling and pictorial craziness (think sonograms, bloody fetuses and snowflake babies). READ MORE
Inconsistent Pleadings: Another Thing White People Like: Judging
The San Francisco Chronicle recently reported that Vaughn Walker, the James Coburn/Wilford Brimley look-alike who is overseeing the federal court challenge to California's Proposition 8, is gay. (Awkward!) Since the story broke, journalists and pajama-bloggers have debated whether it's appropriate for a gay man to adjudicate the constitutionality of a law aimed specifically at depriving gays of their rights. READ MORE
Inconsistent Pleadings: Smith v. Spisak and Mumia's Three Decades of Appeals
If you've ever spent any time on a college campus, chances are you've encountered a group of maybe-students with makeshift signs and ink-smeared pamphlets urging that you "Free Mumia." And if you bothered to grab a pamphlet or engage one of these activists, you would have discovered that "Mumia" is Mumia Abu-Jamal, who was convicted of the fairly brutal 1981 shooting death of 25-year-old Philadelphia police officer Daniel Faulkner. Abu-Jamal has always claimed that he is innocent, and in the nearly thirty years since his conviction, his banner has been taken up by an array of frequent bedfellows: assorted civil rights groups, low-wattage celebrities, slices of the international community and college kids. READ MORE
Inconsistent Pleadings: When and How to Say "F***ing" At Work
For 2000 or so years, conventional medical wisdom/quack science held that various bodily substances, known collectively as the four humours, governed a person's physical and emotional disposition. I have my own four humours theory, which is basically that the only things people really find funny are cursing, typos, pratfalls and old people. (This means, for a lawyer, that your day job is about as amusing as a Chris Buckley piece.) READ MORE
Inconsistent Pleadings: ACLU v. Grayson County, or, America's Heritage
Among all the consequential pieces of federal legislation passed or proposed last year, you may have missed one gem: "America's Spiritual Heritage Resolution." Some salient facts about this bill: (1) it was co-sponsored by Michele Bachmann; (2) it relies heavily on the historical scholarship of Newt Gingrich; and, most obviously, (3) "America's Spiritual Heritage" is unequivocally Christian. The bill died in committee. But if you think you've heard the end of this type of thing, you haven't yet learned that Christian Fundamentalists are the hydra of American political theater. When one crazy idea gets axed, two more, bilious and hissing, sprout up in its place. READ MORE
Inconsistent Pleadings: Bryan v. McPherson, or, Don't Tase Me When I'm Pantsless, Bro
If you're like most non-lawyers, you tend to ignore legal news unless it involves waterboarding, gays and/or fetuses. To be honest, I don't blame you. The law is often boring, and the fact that all of your most socially numbing friends are lawyers isn't helping things. But occasionally, something emanates from the crusty, jargon-filled world of old white people that, although not involving gays or proto-babies, kind of matters, and is worth knowing about. And that's why we're here. To take you around the legal globe, Len Berman style. READ MORE
