Ohio – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Why are Some Prisons Banning Inmates From Teaching Themselves to Code? https://legacy.lawstreetmedia.com/blogs/technology-blog/inmates-banned-learning-code-prisons/ https://legacy.lawstreetmedia.com/blogs/technology-blog/inmates-banned-learning-code-prisons/#respond Sat, 19 Aug 2017 14:07:17 +0000 https://lawstreetmedia.com/?p=62812

Ohio and Michigan prisons ban books that aim to teach computer programming skills.

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"Code" Courtesy of Michael Himbeault: License (CC BY 2.0)

Learning to code can be an incredibly lucrative skill in today’s technical age, but is it a potential “threat to order and security?”

Ohio and Michigan prisons ban books that aim to teach computer programming skills, according to MuckRock, a non-profit site aimed at sharing public information via the Freedom of Information Act. The organization recently obtained a list of banned books in state prisons.

“Their decisions to ban educational texts related to programming, alongside erotica and literature published by neo-nazi groups, are in stark contrast with practices in other states and countries, where prisons include coding in educational programs,” writes MuckRock.

Ohio’s list of banned books contained titles like “Beginning Linux Programming 4th Edition,” “The Linux Professional Institute Certification Guide,” and “Operating Systems Demystified.” The state gave no explanation as to why the books were banned.

In Michigan, prisoners were specifically banned from reading books the Department of Corrections believes “contains information about computer programs and applications.” Texts like “Windows 98 6 in 1” and “Windows Game Programming for Dummies” were banned because they represent a “threat to the order and security of the institution.”

According to MuckRock, 15 books are banned for including information about computer programming, including guides to web design and a book aimed at teaching the elderly how to use computers.

Stark Contrast to Silicon Valley

The decision to ban these kinds of books is a stark contrast from rehabilitation efforts in San Quentin, California. At the San Quentin State Prison, Chris Redlitz of The Last Mile helps to prepare inmates for successful reentry into society through web education and career training opportunities. In 2014, he launched Code.7370 San Quentin, the first computer programming curriculum in a U.S. prison.

Inmates in the program help build apps and other software for startups and established companies like Airbnb. Because they can’t use the internet, the development shop’s coders work on a closed network. The men in the program make $16.77 an hour.

In April, CNBC reported that none of the prisoners who had gone through the program had returned to prison. That is likely due to the fact that the program is exceptionally beneficial to inmates, because it provides prisoners with an entrepreneurial skillset that enables them to start a career for themselves upon release, rather than relying on limited job opportunities available to felons.

The Code.7370 curriculum has since expanded to five more prisons in California, including two women’s prisons, and Redlitz has hopes to create a national program within the next five years.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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South Carolina Sues OxyContin Maker over Opioid Crisis https://legacy.lawstreetmedia.com/blogs/law/south-carolina-sues-oxycontin-maker-opioid-crisis/ https://legacy.lawstreetmedia.com/blogs/law/south-carolina-sues-oxycontin-maker-opioid-crisis/#respond Wed, 16 Aug 2017 19:01:59 +0000 https://lawstreetmedia.com/?p=62772

The suit claims that Purdue Pharma falsely marketed the drugs as nonaddictive.

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The state of South Carolina is suing Purdue Pharma over its alleged contributions to the opioid epidemic.

South Carolina Attorney General Alan Wilson announced the lawsuit at a press conference on Tuesday. It accuses the Connecticut-based company of deceptive marketing practices and downplaying the addictive qualities of OxyContin.

In particular, the suit addresses Purdue Pharma’s failure to comply with the state’s Unfair Trade Practices Act. In 2007, Purdue Pharma signed an agreement with South Carolina and other states, which required the company to correct its marketing practices.

However, according to Wilson, Purdue Pharma continued to encourage doctors to prescribe OxyContin for unapproved uses. Representatives also assured doctors that the users would become only “pseudoaddicted.” Supposedly, they could reverse their symptoms by taking even more drugs.

In reality, OxyContin is a Schedule II controlled substance, which means it is highly addictive.

“Opioid addiction is a public health menace to South Carolina,” Wilson said at the press conference. “We cannot let history record that we stood by while this epidemic rages.” Recovering addicts and family members of overdose victims stood around him.

“While we vigorously deny the allegations,” a Purdue Pharma spokesperson said in a statement, “we share South Carolina officials’ concerns about the opioid crisis and we are committed to working collaboratively to find solutions.”

Over 565 South Carolinians died of opioid overdoses in 2015. Last year, the state had the ninth-highest opioid prescribing rate in the country.

Comparatively, the U.S. as a whole had over 33,000 people die from opioid use in 2015. Experts predict that number will rise.

This is not the first legal action against Purdue Pharma. In January, the city of Everett, Washington. sued the company for negligence and inaction over the city’s OxyContin crisis. Six months later, the state of Ohio sued Purdue Pharma and four other companies over their marketing of OxyContin and other drugs.

Most recently, New Hampshire filed its own lawsuit on August 1. Like South Carolina, the state accuses Purdue Pharma of overstating the benefits of opioids and recommending it for unapproved uses.

In a similar action, the Cherokee Nation sued six pharmaceutical companies in April, accusing them of unjustly profiting from over-prescription of opioids.

Last week, President Trump declared the opioid epidemic a national emergency. Since then, he has not specified any plans or resources to combat the crisis.

Delaney Cruickshank
Delaney Cruickshank is a Staff Writer at Law Street Media and a Maryland native. She has a Bachelor’s Degree in History with minors in Creative Writing and British Studies from the College of Charleston. Contact Delaney at DCruickshank@LawStreetMedia.com.

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Ohio AG Sues Pharmaceutical Companies Over Opioid Epidemic https://legacy.lawstreetmedia.com/blogs/law/ohio-sues-opioid-crisis/ https://legacy.lawstreetmedia.com/blogs/law/ohio-sues-opioid-crisis/#respond Fri, 02 Jun 2017 18:33:28 +0000 https://lawstreetmedia.com/?p=61067

The lawsuit accuses the companies of developing a marketing scheme to dupe doctors and patients.

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The state of Ohio took a stand against its crippling opioid epidemic Wednesday, filing a lawsuit against five leading pharmaceutical companies that make addictive painkillers.

Ohio’s attorney general, Mike DeWine, accused the companies of “fueling” the opioid epidemic by intentionally misleading doctors and ignoring evidence regarding the addictive nature of the pain medications.

“We believe the evidence will also show that these companies got thousands and thousands of Ohioans–our friends, our family members, our co-workers, our kids–addicted to opioid pain medications, which has all too often led to use of the cheaper alternatives of heroin and synthetic opioids,” DeWine said in a statement. “These drug manufacturers led prescribers to believe that opioids were not addictive, that addiction was an easy thing to overcome, or that addiction could actually be treated by taking even more opioids.”

The defendants in the case include Purdue Pharma, Endo Health Solutions, Teva Pharmaceutical Industries, Johnson & Johnson, and Allergan. They are accused of Medicaid fraud and violating the Ohio Consumer Sales Practices Act, among other charges.

Dewine said that, in 2014 alone, the companies spent $168 million on advertising branded opioids to doctors.

The drugs the companies sold include OxyContin, MS Contin, Dilaudid, Butrans, Hyslingla, Targiniq, Percocet, Percodan, Opana, Zydone, Actiq, Fentora, Duragesic, Nucynta, Kadian, Norco, and other generic opioids, according to the press release.

According to the lawsuit, 793 million people were prescribed opioids in 2012–enough to supply every man, woman, and child in the state with 68 pills each. In 2016 that number had dropped to 2.3 million patients–still roughly 20 percent of the state’s population.

The lawsuit was filed in Ross County as Southern Ohio is likely the hardest hit area in the nation by the opioid epidemic.

In 2014 and 2015, Ohio had the greatest number of deaths in the nation from synthetic opioids, according to the lawsuit–with 1 in every 14 deaths from synthetic opioids in the United States occurring in the state. In 2015, a record 3,050 Ohioans died from unintentional drug overdoses–2,590 of those deaths came from opioids.

According to the Columbus Dispatch, earlier this month, two Democratic candidates for governor, Sen. Joe Schiavoni, (D-Boardman) and Dayton Mayor Nan Whaley, separately called for action against drug companies.

In 2015, Kentucky settled a similar lawsuit with Purdue Pharma for $24 million. And in April the Cherokee Nation tried something similar, filing its own lawsuit against six distribution and pharmacy companies, claiming that they unjustly profited through over-prescribing and selling opioids.

DeWine is seeking accountability from the pharmaceutical companies and unspecified damages on behalf of the state.

“It is just and it is right that the people who played a significant role in creating this mess should now pay to clean it up,” DeWine said.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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RantCrush Top 5: May 31, 2017 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-may-31-2017/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-may-31-2017/#respond Wed, 31 May 2017 16:35:04 +0000 https://lawstreetmedia.com/?p=61043

Your Daily News "Covfefe."

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Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Will Trump Pull Out of the Paris Climate Deal?

This morning, news broke that President Donald Trump is expected to pull out of the Paris climate agreement. During his recent European trip, he had said he would announce his decision over the next few days. If confirmed, the decision to leave could have a disastrous impact on the environment and public health, but also on America’s status as a world leader. China is far ahead of the U.S. when it comes to developing renewable energy sources, so there are concerns that the relationship between Europe and China could deepen, at least when it comes to environmental collaboration.

Trump has reportedly been torn between those who want him to stay in the deal, like his daughter Ivanka and tech billionaire Elon Musk, and those who want to leave, like EPA head Scott Pruitt and Steve Bannon. European leaders seemed frustrated after meeting with Trump. His stubbornness when it comes to climate change discussions is especially noteworthy–Germany’s Angela Merkel called their talks “very difficult, and not to say very unsatisfactory.”

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Study: Fewer Opioid-Related Hospitalizations in States Where Medical Pot is Legal https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/opioid-hospitalizations-medical-pot/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/opioid-hospitalizations-medical-pot/#respond Wed, 29 Mar 2017 17:46:29 +0000 https://lawstreetmedia.com/?p=59861

The same states have not seen a rise in marijuana-related hospitalizations.

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States where medical marijuana is legal have seen drops in opioid hospitalizations and overdoses, according to a new study published in the April issue of the Drug and Alcohol Dependence journal. And despite the loosening of marijuana laws across the country, states that have legalized medical marijuana have not seen an uptick in marijuana hospitalizations. Opioids have ravaged communities across the nation, and some researchers see marijuana as a viable alternative for treating certain ailments.

In states with medical marijuana laws in place, hospitalizations for opioid dependence and abuse dropped by an average of 23 percent, according to the study. In addition, treatment for overdoses decreased by an average of 13 percent. Yuyan Shi, the study’s author, told Reuters that legalizing medical marijuana “may have reduced hospitalization related to opioid pain relievers.” But Shi cautioned that the results are “still preliminary.”

Marijuana’s potential as a replacement for opioids stands in stark contrast to comments Attorney General Jeff Sessions made a few weeks ago. “I am astonished to hear people suggest that we can solve our heroin crisis by legalizing marijuana,” he said, “so people can trade one life-wrecking dependency for another.” Pro-marijuana activists and many others are concerned that Sessions, who once said “good people don’t smoke marijuana,” will crack down on marijuana use, even in states where it is legal.

Comparing the two substances is precarious. Heroin is highly addictive–and is upending communities all over the country–while there has never been a reported marijuana overdose, according to the Drug Enforcement Administration. But the DEA does classify both heroin and marijuana as Schedule I substances.

Despite Sessions’ fear mongering and the federal illegality of marijuana, doctors sometimes prescribe or recommend medical marijuana to patients as a substitute for treating side effects from certain diseases, in lieu of Vicodin or Oxycontin, two powerful opioids. Prescription pain medications or other opioids like heroin kill 91 Americans each day.

Roughly 60 percent of Americans live in an area–one of 28 states or D.C.–where medical marijuana is legal, and researchers are increasingly examining the drug’s medical utility. A report in January from the National Academies of Sciences, Engineering, and Medicine found that marijuana does in fact have therapeutic properties. Still, the Drug and Alcohol Dependence study came to a restrained conclusion: “future investigation is needed to explore the causal pathways of these findings.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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John Kasich Vetoes GOP Bill That Would Limit Renewable Energy Efforts https://legacy.lawstreetmedia.com/blogs/politics-blog/john-kasich-renewable-energy-efforts/ https://legacy.lawstreetmedia.com/blogs/politics-blog/john-kasich-renewable-energy-efforts/#respond Wed, 28 Dec 2016 19:25:59 +0000 http://lawstreetmedia.com/?p=57871

Ohio's politicians are going to try to override his veto.

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"John Kasich" courtesy of Gage Skidmore; license: (CC BY-SA 2.0)

Ohio Governor John Kasich just vetoed a bill that would have limited the state’s renewable energy laws and made certain restrictions voluntary for two years. House Bill 554 was one of many bills that Kasich vetoed on Tuesday, along with one that would allow a $264 million tax break for the oil and gas industry.

The bill would affect rules that require electricity utilities to meet certain standards when it comes to environmental sustainability. These laws have already been frozen for two years, and if passed, House Bill 554 would have made it voluntary for companies to follow the standards. Instead, they will now go back into effect. Though the Republican-controlled House and Senate passed the bill, enough representatives voted against it that it could still be vetoed. But many disagreed with Kasich’s actions. Senator Bill Seitz (R-Cincinnati) who was in support of the bill, stated:

It is apparent that Gov. Kasich cares more about appeasing his coastal elite friends in the renewable-energy business than he does about the millions of Ohioans who decisively rejected this ideology when they voted for President-elect Trump.

Another Republican, Bill Coley, said requiring energy to be renewable is the same thing as forcing people to eat kale.

The renewable energy standards were frozen in 2014 because opponents criticized them as leading to increased costs for electric companies. A special committee was set up to come up with another solution, and concluded that the freeze should be indefinite. The House and Senate passed House Bill 554 earlier this month in response.

Kasich said in a statement about the veto that passing the bill would make Ohio less attractive for businesses that are likely to generate a lot of jobs in the near future, “such as high-technology firms.” Many tech companies put the environment and sustainability high on their list of priorities; for example Amazon has invested a lot of money in Ohio and supports renewable energy policies.

The GOP has called for two extra sessions on Wednesday and Thursday and might try to override the governor’s veto. They are expected to bring up the disputed so-called heartbeat abortion bill, which Kasich also vetoed.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Ohio’s ‘Heartbeat’ Abortion Bill Waits for Governor John Kasich’s Signature https://legacy.lawstreetmedia.com/blogs/politics-blog/ohio-kasich-abortion-heartbeat-bill/ https://legacy.lawstreetmedia.com/blogs/politics-blog/ohio-kasich-abortion-heartbeat-bill/#respond Wed, 07 Dec 2016 19:00:42 +0000 http://lawstreetmedia.com/?p=57442

If passed, it would become the most extreme abortion ban in the United States.

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"John Kasich" Courtesy of Gage Skidmore : License (CC BY-SA 2.0)

Ohio could soon adopt the nation’s strictest abortion legislation. A bill sent to Governor John Kasich would outlaw abortions as soon as a fetal heartbeat is detected–which is as early as six weeks after conception.

The state’s Republican-led House and Senate voted in favor of the so-called “heartbeat bill” Tuesday night, and now it awaits Kasich’s signature.

The measure, which was tacked on last minute to House Bill 493, an unrelated child abuse bill, would not exempt abortions in cases of rape or incest, but does include an exception for an abortion to save the life of a pregnant woman.

The amended bill passed in the Senate with a 21-10 vote, and then again in the House with 56-39–with votes largely following party lines.

If Kasich signs the bill, or if he does nothing in 10 days, the bill will go into effect early next year.

Physicians could face a year in prison if they perform an abortion after a heartbeat is detected or if they fail to check for one before a procedure.


In February, Kasich labeled himself “pro-life with the exceptions of rape, incest and the life of the mother.” Since he became Ohio governor in 2011, Kasich has signed 17 anti-abortion measures into law. This includes a measure that helped defund Planned Parenthood, and another that banned abortions when a pregnancy is 20 weeks along unless a doctor determines a fetus cannot live outside the womb.

The American Civil Liberties Union of Ohio has already said it will lead a legal battle against the bill if it passes.


At least two other “heartbeat bills” in Arkansas and North Dakota were found unconstitutional in federal court.

Kasich has not indicated whether he will veto the bill or sign it.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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RantCrush Top 5: December 7, 2016 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-december-7-2016/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-december-7-2016/#respond Wed, 07 Dec 2016 18:05:15 +0000 http://lawstreetmedia.com/?p=57447

Today's daily dose of RC.

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Image courtesy of Andrew Currie; License: (CC BY-SA 2.0)

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Ohio Tries to Ban Practically All Abortions

Last night, Ohio’s Republican House and Senate passed a bill that would ban abortions from the moment a fetal heartbeat could be detected. This could be as early as six weeks after conception–at that point many women don’t even realize they are pregnant yet. Politicians snuck it in as an attachment to an unrelated child abuse bill and it doesn’t make any exceptions for pregnancies that are the result of rape or incest. According to pro-choice groups, the so-called “heartbeat bill” is the most restrictive proposed abortion measure in the country and if it becomes law, doctors could face up to a year in prison for violating it.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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County Campaign Chair for Trump Makes a lot of Racist Statements in Ohio, Resigns https://legacy.lawstreetmedia.com/elections/county-campaign-chair-trump-makes-lot-racist-statements-ohio-resigns/ https://legacy.lawstreetmedia.com/elections/county-campaign-chair-trump-makes-lot-racist-statements-ohio-resigns/#respond Fri, 23 Sep 2016 19:28:22 +0000 http://lawstreetmedia.com/?p=55721

A white Trump county campaign chairwoman in Ohio said there was no racism before Obama became president and that black people who haven’t succeeded in the past 50 years only have themselves to blame. On Thursday she resigned from her position. In an interview with the Guardian, Kathy Miller, a volunteer campaign chair in Mahoning County, literally […]

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"Donald Trump with supporters" courtesy of [Gage Skidmore via Flickr]

A white Trump county campaign chairwoman in Ohio said there was no racism before Obama became president and that black people who haven’t succeeded in the past 50 years only have themselves to blame. On Thursday she resigned from her position. In an interview with the Guardian, Kathy Miller, a volunteer campaign chair in Mahoning County, literally said:

If you’re black and you haven’t been successful in the last 50 years, it’s your own fault. You’ve had every opportunity, it was given to you.

She followed up with this gem:

You’ve had the same schools everybody else went to. You had benefits to go to college that white kids didn’t have. You had all the advantages and didn’t take advantage of it. It’s not our fault, certainly.

She also said that the Black Lives Matter movement is a “stupid waste of time.” Her comments are very untimely since the county she has been campaigning in is a historically Democratic one and no Republican President has won the presidential election without winning Ohio.

However, several thousands Democrats there have switched party affiliation leading up to the 2016 election. According to Miller, most of the people switching over are older and white. But she didn’t think that matters since she claims that African-American voters make up such a small portion of the voter population. “I don’t think that’s part of the way they’re raised,” she said. “For us, I mean, that was something we all did in our families, we all voted.”

But since African-Americans make up 16 percent of the population in Mahoning County, maybe she should worry. For the past two elections black citizens have voted at a higher proportion than white citizens.

Miller also blamed racism on Obama, saying she had never seen racism before he became president.

Growing up as a kid, there was no racism, believe me. We were just all kids going to school […] I don’t think there was any racism until Obama got elected. We never had problems like this… Now, with the people with the guns, and shooting up neighborhoods, and not being responsible citizens, that’s a big change, and I think that’s the philosophy that Obama has perpetuated on America.

George Takei had something to say about Kathy Miller.

And many people on Twitter pointed out how the reporter had to try to keep a straight face during the interview.

Later on Thursday the Trump campaign released a statement apologizing for Miller’s statements and saying that county chairs are not spokespeople for the whole campaign.

To make things even worse, Miller expressed no remorse at all when later asked by NBC about what she had said, but said she didn’t understand how her remarks were racist.

I’m thinking, ‘What did I say that was racist?’ I didn’t murder anybody, I didn’t kill anybody, I didn’t steal from anybody, I didn’t call them a liar — what did I say that was racist, other than you should take responsibility for yourself? But that’s not racism … I don’t know, maybe I’m clueless.

She continued defending her previous statements but said they had more to do with the concept of discrimination than racism.

Good riddance, Kathy Miller, your 15 minutes of fame are hopefully up.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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RantCrush Top 5: September 13, 2016 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-september-13-2016/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-september-13-2016/#respond Tue, 13 Sep 2016 15:32:12 +0000 http://lawstreetmedia.com/?p=55438

Ryan Lochte, a conman, and virtual reality.

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Image courtesy of [Heisenberg Media via Flickr]

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:


This Fake Doctor/Con Man Must Be Stopped…Stat

Nope, it’s not Martin Shkreli! Malachi Love-Johnson is back in the news. Love-Johnson gained national attention in February after he was charged with practicing medicine without a license.

This past weekend Malachi was arrested at a luxury car dealership for attempting to buy a Jaguar for $35,000 using his godmother’s credit. Thing is, Love-Johnson’s godmother did not know that the teenager was using her name to co-sign a Jaguar and had done so TWICE before in the same week.

Love-Johnson had also conned his way into buying two iPads and a cellphone using his godmother’s credit card. Man, this poor, oblivious woman.

Love-Robinson is being held on charges of Identity Fraud, False Statements to Obtain Credit, and Obtaining Money by False Pretenses.

Rant Crush
RantCrush collects the top trending topics in the law and policy world each day just for you.

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Medical Marijuana is Legal in Ohio, But Patients Will Be Waiting to Obtain it https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/medical-marijuana-legal-in-ohio/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/medical-marijuana-legal-in-ohio/#respond Thu, 08 Sep 2016 19:39:11 +0000 http://lawstreetmedia.com/?p=55355

Patients could have to wait one to two years to get their weed.

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Image Courtesy of [Michelle Grewe via Flickr]

Medical marijuana officially became legal in the state of Ohio today, making Ohio the 25th state to legalize medicinal pot. However, confusing rules and a slow implementation schedule could mean patients may have to wait between one to two years before they can get their hands on it.

As of September 8, Marijuana will be legal for approved patients to consume in the form of edibles, patches, tinctures, oils, and vapors. Smoking is still prohibited.

Governor John Kasich signed the bill into law earlier this year as part of the Ohio Medical Marijuana Control Program. The move came after voters failed to pass the previous year a constitutional amendment proposed by ResponsibleOhio on the statewide ballot that would have made both medical and recreational marijuana legal in the state, as well as granted exclusive growing rights to the 10 investor groups backing the backing the campaign.

What are the Problems?

While the program may be legal now, there currently are a long list of set backs and challenges that will make it incredibly difficult for patients to take advantage of the program.

Problem 1: Recommendations

Qualifying Ohioans will be required to obtain a recommendation for medical marijuana, but the federal government prohibits doctors from being able to prescribe marijuana. Therefore, patients will need to get recommendations from a certified physician instead–but currently there are no physicians certified.

“Doctors really are in limbo,” said Reginald Fields, a spokesman for the Ohio State Medical Association, to the Associated Press. “There’s a little confusion out there, so we’re essentially asking physicians to stand by until some of these issues are clarified and we can assure they’re acting on the right side of the law.”

Problem 2: Dispensaries

Another problem is figuring out from where the patients will obtain marijuana. Under the Ohio law, patients will be able to purchase the drug from licensed dispensaries, but it could be years before cultivators, dispensaries, and testing laboratories are up and running.

Problem 3: Legal Limbo

Due to clashes with federal law, banks are unable to handle money made from marijuana-related businesses, and lawyers are caught up in an ethical battle on whether or not to handle marijuana cases, which violate federal law. Then there’s also the question of what rights qualifying Ohioans will have when it comes to transporting their drugs, as well their ability to consume them in other states.

All of these problems will make it hard for Ohioans to gain access to the drug. Even so, the state is making an effort to move forward with the program. It has been given 30 days from Thursday to appoint members to the Medical Marijuana Advisory Committee, which will help develop regulations and make recommendations for putting a medical marijuana system in place.

The program is required to be fully operational no later than September 2018.

Qualifying medical conditions for the program include: AIDS, amyotrophic lateral sclerosis, Alzheimer’s disease, cancer, chronic traumatic encephalopathy, Crohn’s disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, pain that is either chronic and severe or intractable, Parkinson’s disease, positive status for HIV, post-traumatic stress disorder, sickle cell anemia, spinal cord disease or injury, Tourette’s syndrome, traumatic brain injury, and ulcerative colitis.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Top 10 Law Schools for Labor Law: #5 Moritz College of Law at Ohio State University https://legacy.lawstreetmedia.com/schools/top-10-law-schools-labor-law-5-moritz-college-law-ohio-state-university/ https://legacy.lawstreetmedia.com/schools/top-10-law-schools-labor-law-5-moritz-college-law-ohio-state-university/#respond Wed, 27 Jul 2016 19:16:15 +0000 http://lawstreetmedia.com/?p=54395

Check out the 2016 Law School Specialty Rankings. 

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"Drinko Hall" courtesy of [Michael010380 via Wikimedia]

Research and analysis done by Law Street’s Law School Rankings team: Alexis Evans, Anneliese Mahoney, Sean Simon, Alex Simone, Inez Nicholson, Ashlee Smith, Sam Reilly, Julia Bryant.

Click here for detailed ranking information for each of the Top 10 Law Schools for Labor Law.

Click here to see all the 2016 specialty rankings.

Click here for information on rankings methodology.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Ohio Police Apologize to Muslim Tourist After Mistaking Him as Terrorist https://legacy.lawstreetmedia.com/news/ohio-police-apologizes-muslim-tourist-accusing-terrorism/ https://legacy.lawstreetmedia.com/news/ohio-police-apologizes-muslim-tourist-accusing-terrorism/#respond Wed, 06 Jul 2016 20:47:14 +0000 http://lawstreetmedia.com/?p=53749

The man was a Muslim tourist, in the US for a medical procedure.

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"Traditional Clothing" courtesy of [Michael Coghlan via Flickr]

Ahmed al-Menhali came to the U.S. from the United Arab Emirates for a medical procedure. What he didn’t expect was police officers approaching him, guns in the lobby of his hotel, forcing him to the ground. Now officials in Avon, Ohio, where the incident took place, have apologized.

A hotel clerk saw Menhali and thought he was a terrorist because he was wearing traditional clothing and talking on the phone in Arabic. She texted her sister and father that she was panicking, and both of them called 911. In a phone call that is posted on YouTube, the sister says the man was “pledging his allegiance or something to ISIS.”

The officers were wearing body cameras, and in one of the videos they are heard yelling aggressively to Menhali to lie down, before approaching and handcuffing him. However, when they searched Menhali and found nothing, it was brushed off as a misunderstanding. But the shock of being held at gunpoint and accused of being a terrorist caused the man to suffer a light stroke. A paramedic was at the scene to treat the hotel clerk for a “panic attack,” and made sure Menhali got to the hospital.

Xenophobia and racism have reached new levels if a tourist can’t even wear his own clothes and speak in his own language without being forced to the ground at gunpoint. The event caught the attention of the Council on American Islamic Relations (CAIR).

“This near hysteria [against Muslims] has been created by political candidates. It’s irresponsible and dangerous,” said Julia Shearson, director of the Cleveland chapter of CAIR to Al-Jazeera.

The incident caused many reactions on social media.

The United Arab Emirates demanded an apology and even warned their citizens to not wear traditional clothing if they visit the United States. The police chief and Avon Mayor Bryan K. Jensen met with Menhali to apologize on Saturday and said in a statement that there might be criminal charges against the clerk that notified 911.

Menhali told Arabic newspaper Al Arabiya that the police hurt his back and threw his phone on the ground. He also pointed out: “The policemen who humiliated and insulted me arrived at [the hotel] without explosives experts or counter-terrorism forces because they knew I’m not a terrorist.”

Menhali said that he appreciated the apology, but also wants the people who called 911 to be held responsible, and that the authorities should use this experience for cross-cultural education purposes. That is a high-minded response from someone who was treated wrongly, and is educational itself.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Planned Parenthood Sues Ohio Over Funding Cuts https://legacy.lawstreetmedia.com/blogs/law/planned-parenthood-sues-ohio-law-will-cut-funding/ https://legacy.lawstreetmedia.com/blogs/law/planned-parenthood-sues-ohio-law-will-cut-funding/#respond Thu, 12 May 2016 14:54:46 +0000 http://lawstreetmedia.com/?p=52466

A new law in Ohio has led to a showdown.

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"Support Planned Parenthood Sign Art" courtesy of [Jason Taellious via Flickr]

Planned Parenthood filed a federal lawsuit on Wednesday against Ohio’s Health Department because of a new law that will cut down funding for the health organization. The law is supposed to come into effect on May 23 and will affect the $1.3 million that Planned Parenthood gets from the state of Ohio–the state is tasked with handing out both federal and state funds to relevant programs and organizations. While this money is only a small portion of Planned Parenthood’s budget, according to the lawsuit, several thousands of patients could miss out on cancer screenings, HIV tests, and more.

Governor John Kasich signed the bill back in February. In the lawsuit, the Ohio branches of Planned Parenthood claim that the law is mere punishment because they provide abortion services, an accusation that Kasich’s office hasn’t commented on yet. They also say that it is a violation of equal protection laws, since it doesn’t treat Planned Parenthood in the same way as other healthcare institutions.

The lawsuit has spurred a variety of different reactions on Twitter:

According to Reuters, Planned Parenthood has filed a total of 15 lawsuits in a little less than a year (since mid-2015). The influx of lawsuits started when a bunch of anti-abortion activists released fake video footage supposedly showing Planned Parenthood officials trying to sell fetal tissue. The video, that actually contained a photo of a stillborn baby and not an aborted fetus, was proved heavily edited and “thoroughly discredited.”

Abortion is still a very sensitive and polarizing subject in the U.S. Forty-one states have some kind of restriction in place on when women are able to get an abortion, meaning only nine states have not specified any prohibition on timing at all. According to Planned Parenthood, three out of 10 American women have an abortion at some point in their life.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Ohio Man Arrested for Creating Parody Facebook Page of Local Police Department https://legacy.lawstreetmedia.com/blogs/weird-news-blog/man-arrested-creating-facebook-account-parodies-police-department/ https://legacy.lawstreetmedia.com/blogs/weird-news-blog/man-arrested-creating-facebook-account-parodies-police-department/#respond Mon, 28 Mar 2016 20:37:39 +0000 http://lawstreetmedia.com/?p=51534

Did you know that you could be arrested for being funny on the internet?

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"Dislike Graffiti" courtesy of [zeevveez via Flickr]

Could you be arrested for attempting to be funny on social media? Apparently, yes. A 27-year-old man named Anthony Novak from Parma, Ohio is facing criminal charges for creating a Facebook account that parodied the Parma City Police Department.

The account confused people from all over the city of Parma as the two accounts were almost identical, except for what they were posting. While the real police department page featured posts about local happenings and updates surrounding crime in Parma, the parody account had satirical posts about the requirements to become a Parma police officer and other supposedly “inflammatory topics.” In one such post, Novak wrote

The Parma Civil Service Commission will conduct a written exam for basic Police Officer for the City of Parma to establish an eligibility list. The exam will be held on March 12, 2016. Applications are available February 14, 2016 through March 2, 2016. Parma is an equal opportunity employer but is strongly encouraging minorities not to apply. The test will consist of a 15 question multiple choice definition test followed by a hearing test. Should you pass you will be accepted as an officer of the Parma Police Department.

In response to the parody posts being shared on the fake account’s wall, the Parma Police department posted a statement to warn its followers about the Parma fraud:

The Parma Police Department would like to warn the public that a fake Parma Police Facebook page has been created. This matter is currently being investigated by the Parma Police Department and Facebook. This is the Parma Police Department’s official Facebook page. The public should disregard any and all information posted on the fake Facebook account.

Novak is facing potential felony charges for disrupting public services through his use of satire on his parody account. The question of whether or not this is an infringement on Novak’s freedom of speech has been brought up in the conversation about if he should be charged. Lieutenant Kevin Riley argues that the material posted on the fake website caused a risk to public safety because of its inflammatory and derogatory nature. Because this material crossed the line from funny satire to potentially harmful, Novak’s arguments are criminal.

Did Novak’s satire cause any harm to the citizens of Parma? The answer is unclear. Some people voiced a love of the parody on twitter.

Others voiced their irritation with the account in attempt to try to clarify what was going on for confused onlookers.

Regardless of the public opinion, Novak will appear before a grand jury next week to determine whether or not he should face any charges for his actions. Ever since his arrest, several parody accounts on Facebook have popped up in his absence claiming to be sticking up for free speech. This case certainly poses an interesting question about how far is too far when it comes to satire and could be setting a dangerous precedent by telling someone they will face jail time for a parody Facebook account.

Alexandra Simone
Alex Simone is an Editorial Senior Fellow at Law Street and a student at The George Washington University, studying Political Science. She is passionate about law and government, but also enjoys the finer things in life like watching crime dramas and enjoying a nice DC brunch. Contact Alex at ASimone@LawStreetmedia.com

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Lawsuit Grants Some 17-Year-Old Ohioans the Right to Vote https://legacy.lawstreetmedia.com/elections/lawsuit-grants-17-year-old-ohioans-right-vote/ https://legacy.lawstreetmedia.com/elections/lawsuit-grants-17-year-old-ohioans-right-vote/#respond Tue, 15 Mar 2016 16:44:09 +0000 http://lawstreetmedia.com/?p=51256

A small step to expand the right to vote.

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Image courtesy of [Kelley Minars via Flickr]

On Tuesday, voters in five states and Republicans in the North Mariana Islands will turn out to participate in their caucuses and primaries, but in one state, the electorate just got a little bit bigger. After a court ruling last week, registered 17-year-olds in Ohio will have the right to participate in the state’s primary elections on Tuesday, going against the Ohio secretary of state’s earlier interpretation of Ohio law.

The ruling, which came down in favor of nine 17-year-olds in Ohio, was praised by the Bernie Sanders campaign, the ACLU of Ohio, the League of Women Voters in Ohio, and the Fair Elections Network, all of which either sent letters or filed lawsuits against the secretary of state’s interpretation. According to FairVote, a non-partisan voting reform advocacy group, Ohio is now one of 23 states in which 17-year-olds who will be 18 before the general election can participate in at least one party’s primary.

According to Ohio law, any eligible voter who will be 18 on or before the date of the general election may vote in their party’s primary election, even if they are not 18 at that point. Here’s the official text of the law:

At a primary election every qualified elector who is or will be on the day of the next general election eighteen or more years of age, and who is a member of or is affiliated with the political party whose primary election ballot he desires to vote, shall be entitled to vote such ballot at the primary election.

So what caused the problem? While the statute may seem pretty clear, the Ohio Secretary of State Jon Husted’s interpretation of the law took issue with 17-year-olds’ participation due to the nature of primary elections. Unlike regular elections, voters in primary elections technically elect delegates who go on to nominate a candidate at the parties respective conventions. The plaintiffs argue that electing delegates is the same as nominating, while Secretary of State Husted disagrees. Husted’s argument differentiates between votes that nominate and votes that elect. He claims that because the election is for delegates, voters who are not 18 cannot weigh in on the presidential election.

Ohio allows voters who are not 18 but will be by the time of the general election to participate in primary elections, but they are not allowed to vote on issues or directly elect party committee members–which seems to be the basis of Husted’s interpretation. However, in the complaint, the plaintiffs say that based on the way Ohio defines primary elections, as “an election held for the purpose of nominating persons as candidates of political parties for election to offices,” Husted’s interpretation has no basis. Franklin County Common Pleas Judge Richard Frye agreed, concluding that in the case of presidential primaries, voting to elect delegates has the same effect as nominating, and therefore, 17-year-olds should be entitled to cast a ballot.

After the ruling was handed down, Husted’s office issued a statement noting its disagreement with the judge, but ultimately saying that it would follow the ruling and not appeal. In the statement, Husted says, “I believe that Ohio law is clear and that my office has properly administered the law, just as previous Democrat and Republican Secretaries of State over the last two decades have done,” but added that he will follow the ruling and not challenge it further. He also notes, “Our elections system needs more stability and less chaos. This last minute legislating from the bench on election law has to stop.”

While the ruling may make it difficult for Ohio elections officials to properly count early voting from 17-year-olds, the judge instructed them to make all possible efforts to include their votes in the final count. While the ruling will likely only affect a small number of voters–individuals born between March 15 and November 8, 1999–it does set a clear precedent for the future.

Voting advocacy organizations like FairVote emphasize the potential benefits of lowering the voting age. By allowing individuals to vote when they are younger, they are more likely to make voting a habit and participate in civic life as they grow older. On balance, it seems like the ruling will be a net positive for young Ohioans.

Kevin Rizzo
Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

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Grand Jury Declines Criminal Charges for Officers in Tamir Rice Shooting https://legacy.lawstreetmedia.com/blogs/culture-blog/grand-jury-declines-criminal-charges-officers-tamir-rice-shooting/ https://legacy.lawstreetmedia.com/blogs/culture-blog/grand-jury-declines-criminal-charges-officers-tamir-rice-shooting/#respond Mon, 28 Dec 2015 22:01:26 +0000 http://lawstreetmedia.com/?p=49782

#BlackLivesMatter.

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Image Courtesy of [QUOI Media Group via Flickr]

After more than a year of investigating, a grand jury in Cleveland, Ohio, declined Wednesday to charge two officers who shot and killed 12-year-old Tamir Rice on November 22, 2014.

Rice was killed outside of a recreational center after officers Timothy Loehmann and Frank Garmback mistook his toy pellet gun for a real weapon.

In an afternoon press conference announcing the verdict, Cuyahoga County Prosecutor Timothy McGinty called the shooting a “perfect storm of human error.” McGinty credited a recent enhancement of the surveillance video of the shooting with the jury’s decision, claiming the close up was “indisputable evidence” that Tamir was drawing the toy gun from his waistband as officer Loman exited the police car.

The initial surveillance footage showing officer Loman shooting Rice just seconds after arriving on scene became a major rallying point for the #BlackLivesMatter movement. Further investigation into the 911 call also revealed that the caller told the dispatcher that the gun was “probably fake” and held by a “juvenile.”

Both the verdict and McGiny’s explantation of the ruling offended many users on social media who were seeking justice for the slain child. Under the trending hashtag #TamirRice thousands of people began publicly voicing their disapproval.

It’s easy to see where their outrage comes from, when an institutional bias toward black men makes them statistically more likely to be killed by police.

Research has shown that police shootings are disproportionately skewed towards young black males. Movements like #BlackLivesMatter have helped to educate the public on this disgustingly inhumane trend, but still each month more black men are killed by those sworn to serve and protect them.

Accidents do happen, but making these officers accountable for their actions is a necessary step in fixing the problem.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Zombie-Themed Nativity Scene is as Scary as it Sounds, But is it Illegal? https://legacy.lawstreetmedia.com/blogs/weird-news-blog/zombie-themed-nativity-scene-scary-sounds-illegal/ https://legacy.lawstreetmedia.com/blogs/weird-news-blog/zombie-themed-nativity-scene-scary-sounds-illegal/#respond Tue, 08 Dec 2015 21:37:47 +0000 http://lawstreetmedia.com/?p=49473

Well, technically Jesus is supposed to have risen from the dead.

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Image Courtesy of [Jes via Flickr]

Every year around the holidays it’s not totally unheard of to discover that some nativity scene has been vandalized by teenagers, or much worse, that a baby was left deserted in a manger. While upsetting as both of those scenarios are for a number of reasons including violation of public property and moral decency (and the fact that babies should never be left in random mangers) there’s a new reason a nativity scene is garnering some weird press–zombies!

An Ohio couple is currently at war with their community, after refusing to take down a hand-built nativity scene from their front yard modeled after the undead. For the second year in a row, Jasen and Amanda Dixon assembled the biblical scene to feature life-size zombie replicas of Mary, Joseph, and the three wise men, as well as a razor-toothed baby in a manger.


Mr. Dixon first created the replica as a marketing ploy to promote “13 Rooms of Doom,” the nearby haunted house he runs. He told a television crew that he resurrected the theme this year because it was “such a hit.” However, some religious members of his community took offense calling the scene “blasphemous.” According to the nativity’s Facebook, two Baptists even dropped off a pamphlet in the baby’s manger that read “GOD FROWNS UPON THIS MANGER SCENE.”

The town’s zoning officials also demanded the structure be taken down, claiming it violates local zoning laws. According to a local news site, the couple received warnings last year for two zoning violations–one for the size of the accessory structure in which the zombie nativity figures were displayed and the second for debris in front of the garage. As a result they removed the structure and the debris before any citations could be filed.

This year they opted to downsize the design of the nativity and apply in November for what they thought were the proper permits, yet their request was denied. Officials told them that zoning code doesn’t allow “accessory features” in front yards, but instead of removing the structure again, they opted to leave it up and take their chances.

As of Friday they’ve already received their first citation, which carries a $500 fine. The citations could continue to cost them an upwards of $500 for each day they are in noncompliance.

But is the structure even illegal in the first place? There seems to be some debate over whether or not there is an actual ordinance banning “accessory features” from front yards, or if the house is being targeted due to the structure’s subject matter.

The Dixons have remained adamant that the piece has nothing to do with religion, and is just “artwork.” They’ve even gone as far as adding the disclaimer “we are not atheist” to the about section of their website. Despite this, controversy remains around the little zombie Jesus. Even if they continue to hold out, it may just be a matter of time before they’re forced to lay their project to rest.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-34/ https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-34/#respond Mon, 09 Nov 2015 15:54:18 +0000 http://lawstreetmedia.com/?p=49022

Check out Law Street's best stories from last week.

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The top stories published at Law Street last week included a look at Kesha’s contract woes, an innovative seed storage program, and a rundown of the 2015 election results. ICYMI, here are the top stories from Law Street last week:

#1 Sony Reportedly Refuses to Let Kesha Record New Music Without Her Alleged Rapist

If you were wondering why pop star Kesha hasn’t put out any new music since being featured on Pitbull’s 2013 smash hit “Timber” there’s an unsettling reason. The singer has put her career on the line in an attempt to free herself from being forced to work with producer Dr. Luke, who she says sexually and emotionally abused her for ten years. Read the full story here.

#2 Seeds of Hope: Inside the Doomsday Seed Vault

October 19 marked the first time in history that the Svalbard Global Seed Vault wasopened up for a withdrawal. Often referred to as the “doomsday vault,” the seed vault was built to serve as a backstop for plant extinction, storing seeds for individual countries to ensure that plant diversity is not lost in a catastrophe. While weather disasters and global warming pose significant threats to the future of agriculture, the recent withdrawal was the result of the war in Syria. Researchers sought additional seeds as the multi-year war significantly reduced their supply of drought-resistant wheat. The idea of a last-resort vault full of the world’s seeds may surprise many, but the planning and implementation of the world’s seed bank have been a long and thought-out process. Read the full story here.

#3 The Results are in: Election Day 2015

A breakdown of the results of some of the most important races to watch, including the Virginia Senate, San Francisco’s Airbnb regulations, the Kentucky Governor’s race, Ohio’s marijuana initiative, and Houston’s equal rights ordinance. Read the full story here.

 

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Issue 1: Ohioans Vote to Limit Gerrymandering https://legacy.lawstreetmedia.com/news/ohio-approves-new-independent-redistricting-commission/ https://legacy.lawstreetmedia.com/news/ohio-approves-new-independent-redistricting-commission/#respond Thu, 05 Nov 2015 18:42:14 +0000 http://lawstreetmedia.com/?p=48949

Marijuana legalization wasn't the only thing Ohioans voted on.

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Image courtesy of [soozums via Flickr]

Legalizing marijuana wasn’t the only interesting initiative on the Ohio ballot Tuesday; the state approved a new redistricting commission to prevent partisan district mapping, putting the task in the hands of a seven-person commission. Issue 1, which received an overwhelming majority of votes, will seek to limit the control of one party over elections for the state assembly.

The change will expand the existing five-person commission to include four additional legislators–ensuring that at least two members will be from the minority party. While redistricting in Ohio was already under the control of a commission outside of the legislature, the commission was composed of the Governor, State Auditor, Secretary of State, and one member from each party, which gave a 4 to 1 majority for the Republican Party. The new system will include incentives for bipartisanship and adds another member from each party to give additional voice to the minority.

The amendment also makes it more difficult for a long-term redistricting to be pushed through  without minority support. Redistricting, a process that occurs every 10 years after the Census, involves adjusting existing election districts to accommodate for population change. In order to create a new 10-year district map, both members of the minority party will need to approve the plan. However, a short-term map can be implemented for a period of four years if bipartisan support is not possible.

Issue 1 had support from both parties and the backing of over 100 organizations as Ohioans feel that their current redistricting system strongly favors the majority party. While the amendment will not change the way that the state’s Congressional districts are drawn, the newly expanded commission will draw maps for the Ohio House of Representatives and the Ohio Senate.

This plan seeks to eliminate the issues associated with gerrymandering, a long-derided practice where legislators in charge of redistricting create maps that favor their party (for more information on gerrymandering see Law Street’s explainer). Many people argue that gerrymandering is a significant source of America’s political woes while many political scientists claim that the practice isn’t nearly as big of an issue as people make it out to be.

Political scientists Jowei Chen and Jonathon Rodden contend that gerrymandering, as done by partisan state legislators, is not as much of a problem as people think it is. Instead, they find that “unintentional gerrymandering”–which has more to do with the geographic distribution of voters within a state–has a much greater effect. Unintentional gerrymandering is particularly an issue for the Democratic Party, whose constituents tend to cluster themselves in urban areas, whereas Republicans tend to be more rural and spread out. As a result, you see cities voting overwhelmingly for Democrats while rural districts voters lean Republican. This can lead to election results where the majority of the people in a state vote for Democratic candidates, but Republicans win more seats. Put simply, it’s not necessarily how districts are drawn that matter, but where people choose to live in the first place. Yet even when you account for unintentional gerrymandering, it’s clear that the practice has at least some effect on election outcomes.

While the issue of gerrymandering is often exaggerated, the extent of gerrymandering in Ohio is particularly extreme. A report from the League of Women’s Voters of Ohio found that in the 2014 elections, Republican candidates in the Ohio House of Representatives received 57 percent of the vote, but the party won 66 percent of the total number of seats. The same thing happened in the Ohio Senate but to a lesser extent–Republicans received 54 percent of the vote and 58 percent of the seats. The discrepancy between votes and seats illustrates the way in which district lines can influence election outcomes.

This trend is even starker when you look at the state’s Congressional districts, as Republican candidates statewide got about 52 percent of the vote but 75 percent of the Congressional seats. It is important to note that the new redistricting amendment will have no effect on the drawing of Congressional districts. However, that may change in the future–Ohio legislators have already introduced a bill that calls for all Ohio redistricting to be under the control of the seven-person commission.

In addition to disproportionate representation, many fear that gerrymandering leads to decreased responsiveness from elected officials. If districts are drawn to heavily favor certain politicians, they have very little fear of losing their bid for re-election. The classic criticism is that “politicians are choosing their voters, rather than voters choosing their politicians.” That sentiment was one of the main arguments in Justice Ruth Bader Ginsburg’s decision to uphold an independent redistricting commission in Arizona, which created a legal justification for similar commissions in other states.

While Ohio’s new constitutional amendment will not solve all of the state’s districting problems, notably its Congressional districts, it will have some important consequences. First, by expanding the panel to include more people from the minority party, it will not be as easy for the majority party to create districts that favor certain officials. Second, the amendment also makes the redistricting process much more open and transparent, allowing people to understand how districts are drawn and the decision making that goes into them. Finally, as Andrew Prokop at Vox points out, the Ohio Constitution now says that no district “shall be drawn primarily to favor or disfavor a party.” Not only does it lay out important guidelines for what a good district should look like, it also creates a legal underpinning for people to challenge unfair redistricting in Ohio courts.

Read More: Gerrymandering: (Mis)Shaping America’s Vote?
Kevin Rizzo
Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

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The Results are in: Election Day 2015 https://legacy.lawstreetmedia.com/news/the-results-are-in-election-day-2015/ https://legacy.lawstreetmedia.com/news/the-results-are-in-election-day-2015/#respond Wed, 04 Nov 2015 17:08:17 +0000 http://lawstreetmedia.com/?p=48946

The results of the races we all should have been watching.

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Image courtesy of [Ed Schipul via Flickr]

Yesterday, I wrote a breakdown of some of the top races to watch on election day 2015. Here are the results of these contentious votes:

Virginia’s General Assembly

Why we should have watched it: With just a few key races promising to decide the lean of the state Senate overall, and Governor Terry McAuliffe pushing hard for a Democratic Senate, it was certainly a race to watch. Given that Virginia promises to be a hotly contested swing state in 2016, seeing just how purple the state has become is always interesting.

What happened: The GOP retained control of the state senate, and therefore the General Assembly as a whole. This leaves McAuliffe still without allies, and may indicate an uphill battle for whoever ends up as the Democratic nominee for 2016.

San Francisco’s Airbnb Vote

Why we should have watched it: San Francisco voters were offered a sort of referendum on Airbnb’s model of short-term rentals. Proposition F promised to levy some serious restrictions on the company. Add to that Airbnb’s $8 million dollar investment in fighting against the proposition, and a series of weird ads that certainly turned San Francisco voters off, and it became a tense race from start to finish.

What happened: Airbnb’s massive investment paid off, as voters rejected Proposition F. So, Airbnb will continue business as usual in the city where it is headquartered, but it was still a very expensive fight. As other cities may try to create similar restrictions, Airbnb might not want to make spending that kind of cash a precedent.

Kentucky Gubernatorial Race

Why we should have watched it: The Democratic Attorney General Jack Conway faced off against tea party candidate and businessman Matt Bevin. This was an incredibly hotly contested race; recent polls actually showed Conway in the lead. Bevin last year tried to primary Mitch McConnell, and was almost successful, and then beat a more establishment Republican for the Republican gubernatorial nomination.

What happened: Bevin won, marking the first time in a while that a Republican has taken the governorship in Kentucky. Moreover, he showed that tea party wins aren’t a thing of the past. His successful rallying against the establishment may indicate who Kentucky will vote for in 2016.

Ohio Marijuana Initiative

Why we should have watched it: There were a lot of weird aspects to Ohio’s attempt to legalize marijuana. For one, it would have been the first state to legalize recreational marijuana having not first legalized medical marijuana. Moreover, there were concerns of a “marijuana oligopoly,” given that only 10 facilities backed by a group of investors would receive licenses to grow it. So, some that rallied against it were more fighting against the threat of a restricted market than the legalization of weed itself.

What happened: The initiative failed, so weed won’t be legalized in Ohio. However, it’s unclear whether it was rejected because of the oligopoly fears, or because Ohioans actually didn’t want to legalize weed. If it’s the former, we should expect to see another measure up for vote soon that allows a wider market.

The Houston Equal Rights Ordinance

Why we should have watched it: The city of Houston, Texas voted on an equal rights ordinance that would have included protections for the LGBTQ community, including on the basis of gender identity. However, the entire thing became a nasty firefight when groups that opposed the ordinance began suggesting that it would allow predators to enter women’s bathrooms.

What happened: The fear-mongering paid off, and the ordinance didn’t pass. The opponents focused on one incorrect assumption, and were successful. Although the U.S. is doing a little better on LGBTQ rights in the wake of Obergefell, the resounding defeat of the ordinance in a relatively liberal city run by Annise Parker, one of the most high profile openly gay mayors in the United States, isn’t a great sign.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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2015 Elections: Top Five Votes to Watch https://legacy.lawstreetmedia.com/blogs/politics-blog/2015-elections-top-five-votes-to-watch/ https://legacy.lawstreetmedia.com/blogs/politics-blog/2015-elections-top-five-votes-to-watch/#respond Tue, 03 Nov 2015 20:23:11 +0000 http://lawstreetmedia.com/?p=48933

Which races should you be keeping an eye on?

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Image courtesy of [Ed Schipul via Flickr]

Today is election day in the U.S., and despite the fact that we’re all already preoccupied with the 2016 elections, there are some interesting races to watch this year as well. From mayoral elections to ballot initiatives, the 2015 elections certainly shouldn’t be ignored. Check out the top five most noteworthy races that are drawing eyes to this year’s polling places.

Virginia’s General Assembly

Today, the citizens of the Commonwealth of Virginia will vote for their 140 members of the General Assembly. While the House of Delegates is almost certain to remain under Republican control, the state Senate is up for grabs, with just a few hotly-contested races likely to decide which party dominates. Virginia’s governor, Terry McAuliffe, is a Democrat, so having a Democratically-controlled Senate would give him more leverage to accomplish his goals in the state. Given Virginia’s cemented status as a swing state, state-level politics may offer an interesting look at which way it could lean in 2016.

San Francisco’s Airbnb Vote

The city of San Francisco, ironically the home of Airbnb, is voting today on Proposition F, which would put some serious restrictions on Airbnb and other short-term rental companies. Airbnb has fought against the proposed restrictions tooth and nail, spending upwards of $8 million. But, Airbnb also pissed off San Franciscans last week with a series of condescending ads that the company later took down and apologized for.

With this very expensive and contentious question being posed to voters, it will be interesting to see how it shakes out.

Kentucky Gubernatorial Race

Kentucky’s governorship is up for grabs, with a hotly-contested race between Democratic Attorney General Jack Conway and the Republican nominee, Matt Bevin, a wealthy businessman and tea party darling. Bevin almost successfully primary-ed Senator Mitch McConnell last year. To a lot of observers, the race between Conway and Bevin is symptomatic of some overall trends–on one hand Tea Party extremists pushing out more establishment Republicans, and on the other, Democrats struggling in state wide races. Like the Virginia State Assembly, this Kentucky governor’s race may shed some further light on national trends as we move toward 2016.

Ohio Marijuana Initiative

Ohio voters will have to vote on Issue 3, which if it passes, will legalize recreational and medical marijuana in the state. If it passes, Ohio will be the first state to legalize recreational marijuana without first legalizing medical marijuana. But there are some serious concerns about the implications of legalizing marijuana in Ohio, summed up yesterday by fellow Law Streeter Alexis Evans. One big concern is the fact that legalizing marijuana it in the state will make the group of 10 investors pushing the effort very wealthy, as they will have control over the state’s marijuana market.

The Houston Equal Rights Ordinance

The city of Houston, Texas, will be voting today on an equal rights ordinance which would specify non-discrimination in arenas such as employment and public housing. The law, which is on the ballot as Proposition 1, would include protections for the LGBTQ community, as it specifies sexual orientation, genetic information, and gender identity. Opponents to the ordinance have fixated on one particular aspect–that it will allow people who are trans to use the bathroom that matches their gender identity, and made some truly disgusting and fear-mongering commercials urging people to vote against it.

Given that this is one of the first big public tests of LGBTQ rights post-Obergefell, the Houston vote is certainly one to watch.

 

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Why You Should Feel Conflicted Over Ohio’s Upcoming Marijuana Legalization Vote https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/feel-conflicted-ohios-upcoming-marijuana-vote/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/feel-conflicted-ohios-upcoming-marijuana-vote/#respond Mon, 02 Nov 2015 22:01:17 +0000 http://lawstreetmedia.com/?p=48908

Which way will voters swing?

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Image courtesy of [Stephen Velasco via Flickr]

Tomorrow eyes all over the country will be watching Ohio to see if voters vote in favor of Issue 3, an amendment to the state’s constitution that would make smoking and eating marijuana edibles legal in the state for everyone 21 and older, and for patients of any age with qualifying medical conditions. If it’s approved, Ohio will become the first state to legalize marijuana for recreational use without first legalizing it only for medicinal use.

However, the state’s odd legalization plan has some serious drawbacks that have some pro-pot voters vowing to vote against legalizing their drug of choice. So before the votes are cast, here are some reasons why residents should feel conflicted over the upcoming vote.

1.) It could be the beginning of a marijuana oligopoly

This marijuana campaign is highly unusual, because it is the first of its kind to be almost entirely funded by the “investors,” who will profit from it. Modeled after Ohio’s restrictive casino measure, Issue 3 would restrict commercial rights to grow marijuana to the 10 investment facilities owned by major investors who spent millions to back the initiative. This feature would effectively create an oligopoly in the state, where only a few major players reap the production rewards.

According to Issue 3’s website, 1,100 business licenses will be available to the public, but only for retail, dispensary, and manufacturing purposes.

2.) Issue 2 hopes to undercut Issue 3

The General Assembly proposed Issue 2 or the “antimonopoly amendment” in an attempt to thwart Issue’s 3’s restrictive growth clauses. According to the Columbus Dispatch, Issue 2 “would prohibit a monopoly, oligopoly or cartel from getting on the statewide ballot without having to pass two public votes at the same election.”

The problem is the legislators who framed Issue 2 made it so that it would undermine all of Issue 3, and not just its oligopoly provision. Unfortunately there is no third option for voters on the ballot that would legalize marijuana without the commercial growth stipulations.

3.) No ones knows what will happen if both issues pass

There are four potential outcomes for Tuesday’s ballot: (1) neither Issue passes and nothing changes, (2) Issue 3 passes and Issue 2 fails making marijuana legal in the influential swing state, (3) Issue 2 passes and Issue 3 fails making commercial monopolies illegal, or (4) both pass, meaning there’s no clear victor. If option four happens, both issues will likely end up before the Ohio Supreme Court, which will decide the next step.

4.) BTW…Nick Lachey could get rich off Ohio’s pot

Many people were surprised when former Mr. Jessica Simpson and semi-famous singing heartthrob Nick Lachey voiced his support for Issue 3 in a 30 second ad.

Even though Lachey says “Ohio is my home” in the ad, he’s not even registered to vote in Ohio. As it turns out, he’s actually one of the 10 financial backers who would benefit from the passing of the proposition.

It’s unclear which way Ohioans will swing tomorrow, but their decision could have a huge impact on the rest of the country. Negatives and all, the approval of recreational marijuana in Ohio could be a crucial step in convincing the rest of the country to follow suit.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Drugs and Missing Women: The Sad State of Chillicothe, Ohio https://legacy.lawstreetmedia.com/news/drugs-missing-women-sad-state-chillicothe-ohio/ https://legacy.lawstreetmedia.com/news/drugs-missing-women-sad-state-chillicothe-ohio/#respond Tue, 30 Jun 2015 16:30:57 +0000 http://lawstreetmedia.wpengine.com/?p=43957

What's happening in Chillicothe?

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Image courtesy of [Joseph via Flickr]

The connection between prostitution, drug use, and crime has long been known, but a new horrifying story coming out of a small town in Ohio raises many concerns about how deep this connection is. Chillicothe, Ohio, a city afflicted by drugs, poverty, and unemployment, is now filled with citizens who are concerned for their safety after six women have disappeared in a little over a year.

Charlotte Trego, a mother of two, was the first to go missing about a year ago after being evicted by her roommate. She was not seen alive after. That same day Tameka Lynch, a mother of three and a friend of Trego, went missing as well. Next came Wanda Lemons who was last seen by her mother. A friend of Lemons told Chillicothe police she had talked about going with a truck driver to Texas where Lemons had family but has not heard from her since. Two months later Shasta Himelrick’s body was found floating in the Scioto River outside of Chillicothe. Himelrick was pregnant when she went missing on Christmas Day after promising to return to her grandmother’s house. In the same vein, Tiffany Sayre also went missing after promising her return. She was doing business at a local motel and told her friend that she would come back shortly but never made it. Lastly Timberly Claytor, a woman who was actually never reported missing, was found dead after she was shot in the head three times.

Four of the women have been found dead and officials are still working to locate Lemons and Trego. Each seemed to have a history of drug use, prostitution, and had connections to the same social circle. There also appeared to be a pattern of the bodies being dumped along waterways outside the city leaving officials to wonder if there is a serial killer involved. Staff Lt. Mike Preston of the Ross County Sheriff’s Department told The Washington Post:

I don’t want to come out and say ‘yes, we have a serial killer,’ but it’s a small community that we live in … and the number of females who have come up missing, and then the bodies that we’ve found, that’s quite a bit for our community.

Authorities have made one arrest so far involving the death of Timberly Claytor. Jason A. McCrary, 36, of Chillicothe, was convicted of unlawful sexual conduct with a minor more than ten years ago. He has not been charged with Claytor’s murder because investigators are waiting for results of DNA collected in a vehicle seized during a search warrant of McCrary’s home before filing charges. He still remains in the Ross County Jail on a charge that he failed to register his address as a sex offender. Authorities are still working hard to find information on the rest of the women despite the lack of leads that they have. Chillicothe Police Chief Keith Washburn said:

We’ve checked land, air and water for any signs of (the women). But the problem is you’re trying to find a needle in a haystack unless you have the information. The information we have is running dry on some of these cases.

Washburn said prostitution in the Chillicothe area appears to be driven by a need for quick money to purchase drugs. Lieutenant Preston acknowledged that the city is battling a heroin problem and there have been frequent arrests as a result. This leaves me to wonder what the town has done to stop this constant drug battle, and if that could have had an impact on these disturbing disappearances. This has to be a terrifying time for Chillicothe. With so few answers and arrests made, people are in fear for their lives. It is sad to see that a city once known as Ohio’s capital is now known as a city of such tragic events. Police have to crack down on finding information about these deaths and also curtail the drug and prostitution businesses to keep people safe before this tragedy continues.

Taelor Bentley
Taelor is a member of the Hampton University Class of 2017 and was a Law Street Media Fellow for the Summer of 2015. Contact Taelor at staff@LawStreetMedia.com.

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Akron Police One Step Closer to Catching Serial Car-Pooper https://legacy.lawstreetmedia.com/blogs/humor-blog/akron-police-one-step-closer-to-catching-serial-car-pooper/ https://legacy.lawstreetmedia.com/blogs/humor-blog/akron-police-one-step-closer-to-catching-serial-car-pooper/#respond Thu, 16 Apr 2015 15:01:38 +0000 http://lawstreetmedia.wpengine.com/?p=37996

Someone has been pooping on cars in Akron, Ohio since 2012; he was finally caught on camera.

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Image courtesy of [Jason Corneveaux via Flickr]

Something is rotten in the city of Akron, and we finally know what (or rather who…unfortunately we’ve known the what for a while). That’s right, it’s official. After years of reported sightings, elusive behavior, and terrorized citizens, we have finally gotten a real picture of the legendary creature. He does exist, and if you park your car in his territory, he will mark it. So whatever you do, be careful.

Courtesy of Giphy.

Courtesy of Giphy.

I’m not talking about Big Foot, just in case that is where your mind went. Nope. The weirdo that was finally caught on film was the mysterious car pooper–in no way related to the party pooper. The car pooper is a guy who has been terrorizing the Akron, Ohio area for the last three years, using people’s vehicles as his own personal toilet.

Here’s a video clip of an interview with the man who caught the priceless photo–the only image captured of the culprit.

In middle school, my entire school was pulled into a meeting with the vice principal where we were told, “Stop wiping your feces all over the bathroom walls. The janitors shouldn’t have to clean that up.” I remember very clearly thinking how ridiculous it was that we needed to have this conversation at our advanced pre-teen ages. So imagine how I feel about this guy.

Mr. Crapper, which as far as I know is not his real name, has reportedly pooped on at least 19 cars in the last three years. Some of those cars have been defaced more than once, more than twice even. At what point does finding feces on your car in the morning just become part of your regular routine? I hope I never find out. I’ve walked to my car many times before and found something weird that made me say, “What is that crap?” But I have never had the answer to my question actually be crap. I didn’t realize that this was something to be thankful for.

Anyway, if this was not bad enough on its own, if you were unwise enough to leave your door unlocked, you might not find a package on the hood of your car, you might just find one on your passenger seat. So imagine being the person complaining about his bad day because he had to wash crap off of his car that morning, literally, and still not being able to win the worst-story-of-the-day award because some other poor sucker had to scrub crap out of his cloth seats. That’s a smell that cannot be easy to get rid of.

While the culprit had left his mark all over town, he has in the past been as hard to find as the mythical Yeti. Nobody has even gotten a picture. But that all changed earlier this year, when photographic evidence of the man finally surfaced. A man caught him mid-deed in what was hopefully the weirdest photo he has ever taken or will take again. Now that police know who they are hunting it will hopefully not be that long before the cops catch him.

Courtesy of Giphy.

Courtesy of Giphy.

Waking up to find your car has been pooped on (or worse, in) is a crappy way to start your day–and I refuse to apologize for my bad pun here. I hope for the sake of the people in this neighborhood, this man is placed behind bars and given toilet training rehabilitation lessons while he stinks up his cell.

Ashley Shaw
Ashley Shaw is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time. Contact Ashley at staff@LawStreetMedia.com.

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Is Sex Offender Registration a Cruel and Unusual Punishment? https://legacy.lawstreetmedia.com/news/is-sex-offender-registration-a-cruel-and-unusual-punishment/ https://legacy.lawstreetmedia.com/news/is-sex-offender-registration-a-cruel-and-unusual-punishment/#comments Tue, 17 Mar 2015 19:09:04 +0000 http://lawstreetmedia.wpengine.com/?p=36151

An Ohio case may change how and when we require sex offender registration.

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Image courtesy of [Kat N.L.M. via Flickr]

Can labeling someone a sex offender be considered a cruel and unusual punishment? Well, a man in Ohio is attempting to argue exactly that before the Ohio Supreme Court. He’s claiming that his mandated 25 years on the Sex Offender Registry, which one judge called an undeserved “scarlet letter,” is a cruel and unusual punishment. As a result, this has become a case that could potentially change the way sex offenders are classified in the United States.

Clark County native Travis Blankenship, 21, had sex twice with a 15-year-old girl in 2011. According to the the Columbus Dispatch, Blankenship was examined by a psychologist who determined that he was not a sexual offender, did not require any sort of treatment, and was unlikely to reoffend. Taking the psychologist’s findings into consideration, the judge sentenced him in 2012 to serve 12 days of a six-month sentence for unlawful sexual conduct with a minor, which is a fourth-degree felony.

Because the girl was 15 at the time, his crime was automatically classified as a Tier II sex offense under Ohio’s Adam Walsh Act, which requires that he register with the Sex Offender Registry for no less than 25 years, with verification of his information twice a year. On March 10, Blankenship’s public defender Katherine Ross-Kinzie presented her oral argument before the Ohio Supreme Court, attempting to prove that this mandatory punishment is “grossly disproportionate” with Blankenship’s offense and thus cruel and unusual punishment, which is unconstitutional.

This is Blankenship’s 2nd appeal after the Second District Ohio Court of Appeals in a 2-1 decision upheld the ruling that declared him a sex offender. Before 2007, whether or not someone would have to register as a sex offender was decided by a judge, not an automatic penalty under the law.

Judge Mary Donovan was the dissenter in that decision, writing:

He was punished with a scarlet letter of 25 years duration. This 25 years is part of his punishment and, in my view, is grossly disproportionate in severity to the crime committed.This classification carries significant restraints on Blankenship’s liberty and a social stigma that interferes with employability, travel and housing.

In her oral argument that can be viewed here, Blankenship’s lawyer said that she is not disagreeing that her client is a sex offender under the revised law, but rather that there is a discrepancy between the revised code’s definition and the psychologist’s determination in this particular case.

The idea behind the registry is to publicly notify citizens where sex offenders are located in an effort to protect the public, especially children. People have the right to share this information and even put up fliers notifying residents of local sex offenders, which can easily ostracize those offenders from the community. Failure to register is illegal and could land an offender back in jail. The sex offender registry system has been widely criticized as potentially doing more harm than good, with many people demanding it be reformed. A Law Street issues brief on reforming the Sex Offender Registry can be read here.

The case is still ongoing and the court is not expected to make a decision until later this year. Whatever the court’s ruling is, it may set the tone for future cases that could potentially impact how we define sex offenders.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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The Dumbest Laws in the United States: Michigan, Ohio, & Indiana https://legacy.lawstreetmedia.com/blogs/weird-news-blog/dumbest-laws-united-states-michigan-ohio-indiana/ https://legacy.lawstreetmedia.com/blogs/weird-news-blog/dumbest-laws-united-states-michigan-ohio-indiana/#respond Tue, 03 Feb 2015 11:30:28 +0000 http://lawstreetmedia.wpengine.com/?p=31765

Check out the dumbest laws of Michigan, Ohio, and Indiana.

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Image courtesy of [Andy Arthur via Flickr]

Michigan is a lovely state, arguably most famous as the home of the Great Lakes. It is also a state with many strange laws, especially a specific few pertaining to transportation. In Michigan, it is illegal to be drunk while on a train, and cars may not be sold on Sunday. Speaking of Sundays, the last one in June of every year is officially deemed “log cabin day.”

There are myriad laws in Michigan pertaining to the conduct of men and women. For one, adultery is illegal but only punishable if the affected husband or wife files a complaint. Also, men are banned from “seducing and corrupting unmarried girls.” If they do so, they face up to five years in prison.

Not if you’re an unmarried woman, missy!

Animal rights activists will be happy to know that in Michigan it is illegal to kill a dog using a decompression chamber. They would also be happy to know that a law that would have previously angered them has been repealed; at one point, there was a bounty on starlings and crows killed in any “village, township or city” in Michigan. Granted, a three cent bounty (for starlings) and a ten cent bounty (for crows) probably wouldn’t lead many to make them hunting targets, but you never know.

I know you’ve all been anxiously waiting to discover what the dumb laws in Ohio are. Well, the wait is over! Until 2005, breastfeeding was not allowed in public, no matter the state of hunger of the baby. Ohio lawmakers also decided at one point to create a nice and obscure law to make it illegal to “mistreat anything of great importance.” That is quite a subjective term, considering we all generally think of different things as greatly important.

Criminals in Ohio can basically go wild on Sundays and on the Fourth of July. On those days, no civil arrests may be made in the state.

These days, the appearance of food is grossly misrepresented in advertisements and other images. Akron decided to put an end to this by enacting a law banning the display of colored chickens. The city also takes sports safety a bit too seriously and bans skateboarding after dark.

Last but not least in this edition of Dumb Laws in the United States: Indiana. Mathematicians must have argued substantially over when to stop reciting the digits in Pi, as there is a law officially deeming its value as three.

If an Indiana man wants to impress a lady by showing off his macho nature skills, he cannot do so by catching a fish with his bare hands. He also had better not walk around looking aroused–another no-no according to Indiana law.

Lawmakers must really believe into the power of prayer as those who pray for their dependents don’t have to pay for their medical care. And liquor laws in Indiana redefine ridiculous. Looking for a one-stop shop for White Russian ingredients? You won’t find everything you need in Indiana, where liquor stores may not sell milk. You’ll also have to go elsewhere for cold soda as a mixer, since liquor stores there cannot sell that either.

Not if you’re an Indiana liquor store, you don’t!

Marisa Mostek
Marisa Mostek loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

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Political Lies Now Legal in Ohio https://legacy.lawstreetmedia.com/news/political-lies-now-legal-ohio/ https://legacy.lawstreetmedia.com/news/political-lies-now-legal-ohio/#comments Mon, 15 Sep 2014 20:29:43 +0000 http://lawstreetmedia.wpengine.com/?p=24755

We teach our children that lying is bad. Except, apparently, when its about politics.

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Image courtesy of [Alberto Ortiz via Flickr]

We teach our children that lying is bad. Except, apparently, when it’s done in furtherance of a political campaign in Ohio. At least that’s what a Federal Judge ruled last week. A law was passed recently in Ohio that forbid individuals from making statements about political candidates that they knew to be false. The now-defunct law stated that it’s a crime to:

[P]ost, publish, circulate, distribute, or otherwise disseminate a false statement concerning a candidate, either knowing the same to be false or with reckless disregard of whether it was false or not, if the statement is designed to promote the election, nomination, or defeat of the candidate.

The law was challenged as unconstitutional, and ended up in the hands of District Court Judge Timothy Black. Black decided that it was unconstitutional, citing free speech concerns. Although there are a few different court cases floating around, the debate at its core came from actions taken in 2010 by a pro-life group called the Susan B. Anthony List. Despite a law on the books in Ohio that prevented knowingly false statements from being made about political contenders, the Susan B. Anthony List created a giant billboard about former Representative Steve Driehaus who was running for reelection. The billboard claimed that by supporting President Obama’s healthcare plans, Driehaus supported abortion. Driehaus objected, given that he is actually pro-life. The resulting argument and various charges filed sparked the court case that was decided by Black last week.

Much of Black’s argument centered on finding the least-restrictive way to prevent false political speech. Rather than restricting false statements by leaving it up to the government — ostensibly the Ohio election board — to decide where the line is. Black opined that the least restrictive way to deal with false statements released about candidates is to respond with the truth. Black, in an interesting move, went so far as to quote Netflix’s hit political drama, House of Cards, explaining:

The more modern recitation of this  longstanding and fundamental principle of American law was recently articulated by Frank Underwood in House of Cards: ‘There’s no better way to overpower a trickle of doubt than with a flood of naked truth.’

Overall, the law was struck down because the truth should always win out. But Black, awesome House of Cards references aside, I don’t quite buy your logic.

Once, I think, the truth was enough. But in today’s age of the internet, and in a time when the restrictions on political spending seem to melt away with every passing court decision, I’m not sure it will be. In the 2014 midterm elections, there’s a decent chance we’ll break $2 billion dollars in political advertising for congressional races alone. There’s a 70 percent increase in commercials since the 2010 elections. For those who live in districts up for grabs, they’re pretty much guaranteed to not see anything other than political ads. Then there’s the way in which we get information today. We now have the ability to pass around information at lightening speed. It’s incredibly easy to spread lies. Let’s say that I’m a blogger, and I write something untrue about a candidate. A news outlet can report that I said it without validating the fact itself, and pretty soon it doesn’t matter whether I told the truth or not because it’s been planted in everyones’ consciousness. Judge Black just made that even easier to do.

While a “flood of naked truth” sounds great, what happens when there’s more than just a trickle of doubt to counter? What happens when the group telling lies has way more money than the group with the truth? I get the legal argument behind Judge Black’s decision — I really do — but the problem is that it no longer fits with the truth of our times.

 

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Lake Erie Algae Bloom Raises Questions on Water Policy https://legacy.lawstreetmedia.com/blogs/lake-erie-algae-bloom-raises-questions-water-policy/ https://legacy.lawstreetmedia.com/blogs/lake-erie-algae-bloom-raises-questions-water-policy/#comments Mon, 11 Aug 2014 14:30:08 +0000 http://lawstreetmedia.wpengine.com/?p=22665

Toledo and New York City both face multiple and similar challenges to their drinking water supplies: urban drinking water, water infrastructure, and reservoir protection. These concerns will only grow as cities expand and pressure on natural resources requires new approaches. If only two to three percent of the Earth’s water is freshwater, and the United States agricultural industry accounts for more than 75% of the nation’s water consumption, then civilian residents and policy makers face many challenges in ensuring that enough water remains drinkable and accessible to the people.

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We tend to envision our oceans as blue and our lands as green; the residents of Toledo, Ohio, however, had a bit difference experience recently when they were faced with green water.

When municipal officials declared they found toxins in the city’s drinking water supply, residents refrained from using it entirely. Naturally they did not drink or cook with it, but the contamination was deemed so severe that even boiling the water beforehand would not be sufficient. Emma G Fitzsimmons of The New York Times relates that children and people with weak immune systems were urged not to bathe in such water either. As local bottled supplies ran dry, the National Guard arrived to disperse fresh water.

Eventually, investigators determined that a large Lake Erie algae bloom, the source of water for the city of Toledo and 11 million residents in the lake’s vicinity, was the source of the contamination. Algae refers to a very broad spectrum of aquatic organisms ranging from the microscopic and single celled to the giant kelp of the Eastern Pacific. A bloom results in the production of a large amount of peptides, compounds consisting of multiple linked amino acids, in this case called microcystin. This particular peptide is toxic to humans, inducing vomiting, diarrhea, and liver damage, Fitzsimmons relates.

A 2012 algal bloom in Lake Erie

A 2012 algal bloom in Lake , courtesy of Olga Nohra via Flickr

Algal blooms resulting from human activity are often caused by massive introduction of phosphorous into an aquatic system. Lake Erie has been plagued by blooms in the past, particularly in the 1960s and 1980s. These occasions tended to be the result of poor septic infrastructure and consequent excessive discharge of waste into the lake. Since then, those threats have been somewhat ameliorated; however, agricultural runoff continues to provide undesired phosphorous discharge into water bodies such as Erie.

It is difficult to impose barriers on the leakage of phosphorous into Lake Erie. Journalist Michael Wines clarified that,

“The federal Clean Water Act is intended to limit pollution from fixed points like industrial outfalls and sewer pipes, but most of the troublesome phosphorous carried into waterways like Lake Erie is spread over thousands of square miles.”

This process is called “non-point pollution.” There have been some initiatives to try and reduce the pollution output in the first place, by providing farmers with methods of reducing fertilizer use, for example. But enacting laws that set limits on pollution is a daunting task. They must go hand in hand with voluntary efforts by those involved with the sources of pollution, to more accurately calculate how much fertilizer and materials are necessary, rather than carelessly applying an estimated amount.

An issue that must be addressed throughout the course of the dialogue on this event is the fact that algal blooms choke off other aquatic life. They absorb a massive amount of oxygen from the water, and other biodiversity are hard pressed to survive. This should be sufficient motivation in and of itself to mitigate the causes of blooms. Furthermore, substantial damage to the ecosystems of a place like Lake Erie causes fish catches to plummet, causing threats to our food supplies and commercial endeavors. The health of the lake’s biodiversity is also tied into lay fishing and other forms of recreation, which in turn brings to mind the importance of tourism and the state of the regional economy.

Simultaneously, another city farther east is also concerned with the state of its drinking water. New York City is famous for its pure and high quality drinking water. This is in large due to the vigorous efforts of organizations such as Riverkeeper, that maintain a presence in the Hudson River estuary in attempt to protect it from polluters, dumpers, and violators of other environmental and water protection laws. The source of water for more than nine million urban residents has come under threat recently from a rise in oil shipment by rail right along river’s edge in the so labeled “bomb trains,” or cars that are prone to spillage and explosion. On top of this, one of the primary aqueducts in the water infrastructure is leaking, journalists Aaron Ernst & Christof Putzel reveal. If it bursts, over half the city could be left without drinking water. In the meantime, plans are for it to be diverted through a bypass tunnel while repairs take place, which could take several years.

One of New York City's reservoirs in the Catskills

One of New York City’s reservoirs in the Catskills, courtesy of Franklin R. Halprin

This case is the inverse of from Toledo; the problem is not the quality of the water, but the ability to deliver it. However, in the New York area there are many dangers to the quality of the water, and similarly the mediums by which Toledo’s water arrives in the city are an important factor when addressing phosphorous discharge and the quality of water resources. The cities face multiple and similar challenges: urban drinking water, water infrastructure, and reservoir protection. These concerns will only grow as cities expand and pressure on natural resources requires new approaches. If only two to three percent of the Earth’s water is freshwater, and the United States agricultural industry accounts for more than 75% of the nation’s water consumption, then civilian residents and policy makers face many challenges in ensuring that enough water remains drinkable and accessible to the people.

It is evident, then, that we humans are deeply entrenched in our environments. An ecosystem is very delicate, complex, and interconnected; a series of events in a remote corner may multiply and have unforeseen consequences elsewhere. It is vital for us to be more responsible in how we treat our water. We need it, the rest of the environment needs it, and we need the environment.

Franklin R. Halprin (@FHalprin) holds an MA in History & Environmental Politics from Rutgers University where he studied human-environmental relationships and settlement patterns in the nineteenth century Southwest. His research focuses on the influences of social and cultural factors on the development of environmental policy. Contact Franklin at staff@LawStreetMedia.com.

Featured image courtesy of [NOAA Great Lakes Environmental Research Laboratory via Flickr]

Franklin R. Halprin
Franklin R. Halprin holds an MA in History & Environmental Politics from Rutgers University where he studied human-environmental relationships and settlement patterns in the nineteenth century Southwest. His research focuses on the influences of social and cultural factors on the development of environmental policy. Contact Frank at staff@LawStreetMedia.com.

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Top 10 Schools for Healthcare Law: #4 Case Western Reserve University School of Law https://legacy.lawstreetmedia.com/schools/top-10-schools-healthcare-law-4-case-western-reserve-university-school-law/ https://legacy.lawstreetmedia.com/schools/top-10-schools-healthcare-law-4-case-western-reserve-university-school-law/#respond Mon, 07 Jul 2014 10:37:37 +0000 http://lawstreetmedia.wpengine.com/?p=19667

Case Western Reserve University School of Law is Law Street's #4 law school for healthcare law in 2014. Discover why this program is one of the top in the country.

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Research and analysis done by Law Street’s Law School Rankings team: Anneliese Mahoney, Brittany Alzfan, Erika Bethmann, Matt DeWilde, and Natasha Paulmeno.

Click here to read more coverage on Law Street’s Law School Specialty Rankings 2014.

Click here for information on rankings methodology.

Featured image courtesy of [Denacipriano via Wikimedia Commons]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Cruel and Unusual: Never Before Used Injection Prolongs Dennis McGuire’s Execution https://legacy.lawstreetmedia.com/news/cruel-and-unusual-never-before-used-injection-prolongs-dennis-mcguires-execution/ Tue, 21 Jan 2014 17:57:39 +0000 http://lawstreetmedia.wpengine.com/?p=10723

It should first be stated that I personally don’t condone the practice of the death penalty at all; to me, the idea begs the notion of “an eye for an eye,” a facet of the ancient Hammurabi’s code. Nevertheless, regardless of one’s position on the issue, the fact remains that when the death penalty is […]

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It should first be stated that I personally don’t condone the practice of the death penalty at all; to me, the idea begs the notion of “an eye for an eye,” a facet of the ancient Hammurabi’s code. Nevertheless, regardless of one’s position on the issue, the fact remains that when the death penalty is used, efforts must be made to ensure that the method of capital punishment limits unreasonable pain and suffering.

The Constitution protects against unnecessarily harsh treatment in the Eighth Amendment, which prohibits cruel and unusual punishment. In United States history, many methods of capital punishment have been swept out of use for being considered inhumane methods of execution. Practices used in the American colonies such as burning at the stake, crushing, and beheading are now determined cruel and unusual. In most states, methods such as hanging, electrocution, death by firing squad and gassing are also considered cruel and unusual, and the most accepted form of execution in recent years has been lethal injection.

However, in the case of Dennis McGuire, the lethal injection that caused his death should also be considered cruel and unusual. McGuire was given a combination of two drugs: midazolam, a sedative, and hydromorphone, a painkiller. McGuire’s lawyer argued that the combination of the drugs could produce the effect of air hunger, an uncomfortable experience that causes a sufferer to gasp for air. Additionally, since McGuire has shown several symptoms of the condition, sleep apnea, the drugs were even more likely to lead to suffocation. David Wasiel, a Harvard Medical School professor, testified to the apparent terror McGuire would be subjected to under the effects of the two drugs. Nevertheless, District Judge Gregory Frost claimed that there was not enough compelling evidence to prove there would be a risk of extreme discomfort and pain.

What is further striking about the decision to allow the injection is the fact that the specific combination of drugs had never been used. Even if the amount of evidence pointing to the likelihood of air hunger was lacking, surely it would seem reasonable to allow for a period of experimenting and testing, since the injection’s exact effects remained unknown.

Despite all warnings and uncertainty about the drugs’ effects, on Thursday, January 16th, Dennis McGuire was administered injections of both midazolam and hydromorphone. After the first five minutes following the injections’ entrance into the blood stream, McGuire’s breath grew irregular and he began to gasp and utter strange noises for about ten minutes. His family members, who were permitted to witness the guilty man’s final moments, grew shocked and horrified as they watched McGuire’s clear discomfort and agony prior to his death. In total, the execution took over twenty minutes, one of the longest in Ohio’s history since it reinstated the death penalty.

Of course, McGuire’s actions that led to his execution certainly offer little cause for sympathy. In 1989, he raped and subsequently killed twenty-two year old Joy Stewart, a pregnant woman, by stabbing her to death. McGuire deserved to be brought to justice for his heinous crime. However, when a state pursues a method of capital punishment that also causes unnecessary suffering, how then is a state’s law above the actions of the perpetrator?

The use of an untested injection to put Dennis McGuire to death is despicable. Why, it must be asked, was the injection involving the combination of drugs allowed to be administered? Other than the judge’s poorly made decision that the lack of evidence to prove there was a great risk of pain and discomfort involved in the use of the injection. Another reason may exist; Ohio was all out of its usual lethal injection cocktail and simply, needed something to fill the void.

Previously, Ohio had been using a sedative called pentobarbital for capital punishment, which typically had caused a shorter and less painful death. However, pentobarbital’s manufacturer recently cut off Ohio’s  access to the drug, barring its use for the death penalty. Without supplies of its usual drug of choice, the state turned to its untried back up method, the combination of midazolam and hydromorphone.

Desiring to carry out the execution of McGuire on schedule, Ohio would not wait for possible testing of the drugs’ effects or research into potential alternatives. Lacking regard for the human dignity of prisoners, Ohio decided to administer the injection despite its uncertain consequences, giving the execution an air of experimentation. The state must now answer to the McGuire family’s cries for legal action and has earned a place in the nation’s spotlight for its blunder. In the situation’s aftermath, other states should learn from Ohio’s misjudgment to prevent similar occurrences from taking place in the future.

 [Cornell Law] [The Guardian] [DailyMail] [National Journal]

Featured image courtesy of [Ken Piorskowski via Flickr]

Sarah Helden
Sarah Helden is a graduate of The George Washington University and a student at the London School of Economics. She was formerly an intern at Law Street Media. Contact Sarah at staff@LawStreetmedia.com.

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Steubenville Rapist is Released and Issues Grammatically Incorrect Non-Apology https://legacy.lawstreetmedia.com/blogs/culture-blog/breaking-steubenville-rapist-is-released-and-issues-grammatically-incorrect-non-apology/ https://legacy.lawstreetmedia.com/blogs/culture-blog/breaking-steubenville-rapist-is-released-and-issues-grammatically-incorrect-non-apology/#comments Tue, 07 Jan 2014 17:35:33 +0000 http://lawstreetmedia.wpengine.com/?p=10381

Good morning folks! How many appendages did you lose to frostbite on your way to work this morning? None? Good for you. I’m pretty sure the bottoms of my feet almost turned to actual ice yesterday, when I was evacuated from my burning office building. Caption: Yes, I work here. And no, none of us crowded […]

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Good morning folks! How many appendages did you lose to frostbite on your way to work this morning? None? Good for you. I’m pretty sure the bottoms of my feet almost turned to actual ice yesterday, when I was evacuated from my burning office building.

Caption: Yes, I work here. And no, none of us crowded around the fire for warmth.

But! The polar vortex isn’t the only crazy thing happening this morning, unfortunately. More absurdity is happening out in Steubenville, Ohio, where convicted rapist Ma’lik Richmond was recently released from a juvenile detention facility.

In case you’ve already forgotten, Ma’lik was at the center of one of the most talked about rape cases of 2013. 16-year-old Ma’lik was a star player on Steubenville’s high school football team, Big Red, along with 17-year-old Trent Mays. The two boys were destined for big things — college ball, maybe the NFL — and they were all but worshiped in a town where football is described as a religion.

Then, one night, the two boys went to a party, where they met up with an extremely drunk young woman. A fellow high school student, this girl had allegedly been flirting with Mays via text message. Apparently, the two boys took her maybe-flirtatious text messages to mean that she was DTF, and they transported her from party to party with an all-male group of friends. Ridiculously drunk, the girl spent a fair amount of the night vomiting and lying around in an essentially comatose state. Unsurprisingly, she doesn’t remember most of the night’s events.

But cell phone cameras and social media accounts have pretty long memories. Almost instantly, photos, videos, text messages, and tweets documented the night she couldn’t remember. There were photos of Mays and Richmond holding her limp body by the arms and legs, while her head hung slack. There were photos of her lying naked, face down on the floor, in a home she’d never visited before. (Incidentally, that’s how she woke up the next morning.) There were videos of her being vaginally penetrated with Richmond and Mays’ hands.  And all of this happened while she was way, way too drunk to consent.

Ultimately, Mays and Richmond were convicted of rape and sentenced to serve time in a juvenile detention facility, where they would be “rehabilitated.” Feminists around the world rejoiced, just a tiny bit, that these young men were actually being held accountable. Because, as we know by the gazillion other rape cases that go nowhere — it’s depressingly common for accused rapists to suffer absolutely no consequences for their actions.

So, yay for that not happening! Right?

Sort of. Obviously, children being sent to prison is never something to cheer about. Furthermore, the media’s obvious sympathy for the rapists, and lack of empathy for the victim, was infuriating. Take this clip as an example — CNN spent six minutes lamenting the fact that promising, rapist lives were ruined, and barely mentioned how the victim’s life was affected.

So, the Steubenville rape case has been pretty maddening for everyone who doesn’t hate women. And the horror continues! When Ma’lik was released from juvenile detention this weekend — which isn’t necessarily surprising or irritating, honestly — he/his attorney/his attorney’s PR agency released a statement.

Oh, the agony of reading this statement.

You can read the full text here, but here’s the most important snippet:

“The past sixteen months have been extremely challenging for Ma’Lik and his extended family. At sixteen years old, Ma’Lik and his family endured hardness beyond imagination for any adult yet alone child. He has persevered the hardness and made the most of yet another unfortunate set of circumstances in his life.”

It goes on to ramble about how Ma’lik would like privacy from the media so he can be a normal teenager, hang out with his family, and move on with his life. It also makes ZERO MENTION of the victim. Not one time.

UGGGHHHHH

UGGGHHHHH

This is the worst non-apology ever.

Why? Let’s start with simple mechanics. Whoever wrote this train wreck of a press release can’t write to save their goddamn lives. “Hardness?” He persevered against “hardness?” I can’t. I cannot. “Hardness” is not a word that is acceptable to use, basically ever. Just for future reference. Also, SO MANY COMMAS ARE MISSING OMGGGG.

make-it-stop-oBut let’s not get too carried away — obviously the content is what’s most important here. The fact that Ma’lik and everyone around him is so focused on whining about how hard his life has been as a result of this rape is seriously deranged. How difficult do you think the victim’s life has been?  What kind of “hardness” (I’m sorry, I couldn’t resist) has she had to persevere against? A whole fuck of a lot, I’m betting.

obviouslyIt’s clear that Ma’lik — or at least the people who are speaking for him — has gone through his “rehabilitation” process without actually taking responsibility for his actions. He’s emerged without apologizing for the immeasurable harm he inflicted on his victim. He’s still solely focused on how this whole ordeal affects him.

Folks, I don’t know about you, but I’m totally sick of this rape culture that pours sympathy on rapists while blaming, shaming, and ignoring victims.

That’s some seriously anti-feminist, anti-woman, pro-violence douche-y-ness.

So let’s put a stop to that, shall we? Thanks a ton.

Hannah R. Winsten (@HannahRWinsten) is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow.

Featured image courtesy of  [marsmettnn tallahaassee via Flickr]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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“I Killed a Man” Driver Sentenced to Six and a Half Years https://legacy.lawstreetmedia.com/news/i-killed-a-man-driver-sentenced-to-six-and-a-half-years/ https://legacy.lawstreetmedia.com/news/i-killed-a-man-driver-sentenced-to-six-and-a-half-years/#respond Mon, 28 Oct 2013 17:08:12 +0000 http://lawstreetmedia.wpengine.com/?p=6605

Matt Cordle created a stir on the internet when he posted a video to Youtube entitled “I Killed a man.”  In the video, Cordle admits to driving extremely intoxicated down the wrong side of the highway, hitting a car and eventually killing Vincent Canzani. Cordle also said that he would plead guilty to whatever crime he […]

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image courtesy of [Brady Wahl via Flickr]

Matt Cordle created a stir on the internet when he posted a video to Youtube entitled “I Killed a man.”  In the video, Cordle admits to driving extremely intoxicated down the wrong side of the highway, hitting a car and eventually killing Vincent Canzani. Cordle also said that he would plead guilty to whatever crime he is charged with in relation to Mr. Canzani’s death, and that his reason for making the video was essentially to put a real face to the serious implications of drinking and driving.  He ended the video by imploring viewers to not make the same mistake he did.

On September 11, 2013, Cordle plead not guilty to aggravated vehicular homicide. This was considered legal maneuvering by his counsel, and Cordle eventually plead guilty.  On October 23, Cordle was sentenced to six-and-a-half years in prison and the permanent suspension of his driver’s license, pursuant to Ohio law.

There is a lot to discuss here.  The first is the criminal law aspect of Cordle’s Youtube confession.  Cordle makes a point to say that he will “take full responsibility for everything he’s done to Vincent and his family…by releasing this video, [he knows] exactly what it means, and hand the prosecution everything they need to put me away for a very long time.” This is especially true in light of the fact that in criminal trials, it is the both the judge’s and defense counsel’s legal and ethical duty to make sure that the defendant knows the consequences of a guilty plea.  To that extent, it is clear that Cordle received legal advice in making the Youtube confession, as well as his actions in court.

Second, how much did the court of public opinion factor into the outcome of this case?  As of September 12, 2011, the video has been viewed over two million times.  There is a public investment in the judicial response to Cordle’s case.  The outrage that will result would be massive, especially since judgeships are elected positions in Ohio. Though this internet confession was not the sole reason that Cordle received his conviction, this unprecedented move surely played a larger role.

During the sentencing, various parties spoke on behalf of and against Cordle.  Those who supported him throughout the trial argued that he has made such an impact with his video, and acknowledgement of the severity of his actions, that the maximum sentence of eight-and-a-half years was unnecessary.  They argued that by putting a face to drunk driving, he has effectively “scared straight” those that would consider putting themselves in a similar position. Among those who took this position were Mr. Canzani’s widow and Cordle’s attorney.

Conversely, there were arguments in court that the maximum sentence was deserved because of the heinous nature of the crime, and because a viral video does not negate the loss of life that occurred at Cordle’s hands. This position was most effectively elucidated by Mr. Canzani’s daughter, Angela, who said “my father got a death sentence and did nothing wrong.  After eight and half years, Matthew Cordle will still have his whole life ahead of him, my father is never coming back.”

This case is so interesting, and I am interested in hearing your thoughts.  Was Cordle’s sentence fair? Should the video have resulted in an even shorter sentence?  Should he have received the maximum?

[Daily News] [CNN

Peter Davidson II
Peter Davidson is a recent law school graduate who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Contact Peter at staff@LawStreetMedia.com.

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Steubenville Continues https://legacy.lawstreetmedia.com/news/steubenville-continues/ https://legacy.lawstreetmedia.com/news/steubenville-continues/#respond Fri, 11 Oct 2013 01:43:15 +0000 http://lawstreetmedia.wpengine.com/?p=5586

The nightmare of the Steubenville Rape Case isn’t quite over for the small Ohio town. On October 7, 2013, another arrest was made in the case, this time of a 53-year-old man named William Rhinaman. Rhinaman is the director of technology at Steubenville High School. He has been indicted for tampering with evidence, obstructing justice, […]

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The nightmare of the Steubenville Rape Case isn’t quite over for the small Ohio town. On October 7, 2013, another arrest was made in the case, this time of a 53-year-old man named William Rhinaman. Rhinaman is the director of technology at Steubenville High School. He has been indicted for tampering with evidence, obstructing justice, obstructing official business, and perjury.

Rhinaman was not the only adult in Steubenville to lie, refuse to talk, or tamper with evidence. As Ohio Attorney General Mike DeWine told CNN, sixteen different adults refused to talk to investigators. A grand jury, formed on March 17, will determine if any of these others committed indictable crimes. They are mostly looking at whether any employees failed to report a rape they knew had occurred. Rhinaman was the first to face charges, but more may be to come.

AG Mike DeWine will not elaborate on what exactly Rhinaman covered up or what perjured statements he provided, but he did state that the charges are directly related to Rhinaman’s job as an Internet Technology employee. The indictment claims that Rhinaman’s involvement in the case began with the night that the rape occurred—August 11, 2012.

Immediately after being arrested, Rhinamen was held in a local jail without bond. He had a hearing on Wednesday, October 9 in which he was let out on a $25,000 personal recognizance bond.

The Steubenville case took the nation by storm. It was unthinkable—everyone who saw the news footage was horrified that two young men could sexually abuse a 16 year old girl, and that dozens of their peers could stand by and watch it happen. But in a lot of ways the media was more shocked by the way in which the rape was discovered. All of these young people who were present at the party in which the rape occurred took pictures, tweeted about it, texted about it, and generally communicated through social media.

The screen shots that some bloggers managed to grab of the blatant online conversations that these young people had were horrifying. But what is most horrifying is that they thought this was acceptable. Now the world discovers that not only did these teenagers feel this was acceptable, but also that the other adults in their lives perpetrated this despicable cover up. If any of these 16 adults who are being investigated by the grand jury did in fact help a group of young adults cover up the sexual abuse of another, they deserve to face the full force of the law.

[CNN]

Featured image courtesy of [John Perry via Flickr]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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US Attorney Offices Slammed by Shutdown https://legacy.lawstreetmedia.com/news/us-attorney-offices-slammed-by-shutdown/ https://legacy.lawstreetmedia.com/news/us-attorney-offices-slammed-by-shutdown/#respond Fri, 04 Oct 2013 18:21:02 +0000 http://lawstreetmedia.wpengine.com/?p=5221

Across the country, about 800,000 government workers hang in limbo. The United States is four days into a partial government shutdown that puts any “non-essential worker” temporarily out of work. The shutdown is responsible for closures in everything from National Parks to after-school programs. One sector that has been experiencing serious shutdown pains is the Department […]

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Across the country, about 800,000 government workers hang in limbo. The United States is four days into a partial government shutdown that puts any “non-essential worker” temporarily out of work. The shutdown is responsible for closures in everything from National Parks to after-school programs. One sector that has been experiencing serious shutdown pains is the Department of Justice–particularly the US Attorney division.

US Attorneys represent US interests in district or appeals courts. The 93 men and women appointed to these positions are each supported by Assistant US Attorneys, as well as numerous dedicated paralegals and staff members.

Since the shutdown began on October 1, US Attorney offices throughout the United States have furloughed large chunks of workers. In the Northern District of Ohio , 43% of staff have been sent home without pay. Oregon is reporting 30% of their 120 employees on furlough. New Hampshire has had to get by without 44% of their usual workforce. These are by no means isolated examples. Throughout the nation, US Attorney offices are operating with somewhere between two-thirds and one-half of their regular staff. In addition to the large groups of furloughed workers, many of these offices also report having lost about 15-20% of their staff during sequester cuts.

The type of workers being sent home fall into two categories–support staff, and anyone in the civil division. While civil cases are incredibly important, they are both easier to put on hold than criminal cases, and less likely to involve public safety issues. Most US Attorney’s offices are asking for continuances on any civil cases that have run into the shutdown.

Criminal cases are expected to move forward with delays, despite furloughs being handed to most Criminal Division attorneys’ staff members. These paralegals, administrative aids, IT staffers, and other employees are essential to the attorneys for whom they work. Lorin Reisner, Chief of the Criminal Division at the Manhattan US Attorney’s office provided an interview to Bloomberg Businessweek on Wednesday, stating “From our perspective it’s a mess. We have 10 trials going on in the Criminal Division, and I spent half of yesterday making sure the paralegals who are working on those cases can continue working on those cases, or that we have others who can assist with those trials.”

US Attorneys around the country are voicing their frustration and arguing that the ramifications of the government shutdown are far-reaching. South Dakota US Attorney Brendan Johnson pointed out “When we lose close to half of our staff it affects our ability to recover money for the federal government. So, this is actually a money loser for the federal government.”  US Attorney for the Eastern District of California Benjamin Wagner described the shutdown’s effects on his office, stating, “It’s kind of like fighting with one hand behind our backs.”

The work that US Attorneys, their assistants, and their staffs provide truly is crucial. Already hit hard by the sequester, our US Attorney offices are struggling to stay afloat in a government shutdown that has deemed many of these men and women who work on a large array of crucial cases unimportant. Unless the shutdown comes to a conclusion soon, we will  be facing a government that has declared justice, for lack of a better word, unessential.

[ideastream.org]  [oregonlive.com] [businessweek.com] [kdtl.com] [krca.com]  [charlotteobserver.com]

Featured image courtesy of [OnceAndFutureLaura via Flickr]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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