The Florida Gators opened its football schedule at home playing Miami of Ohio. Although the Gators won 34-12, the offense played awful football.
Several commentators have rushed to blame Florida's offensive performance on the absence of Tim Tebow. Some of these same commentators, however, likely predicted that Tebow would fail in the NFL, and they probably harshly criticized him during his time at Florida.
Analysts who watched the game looking to understand what actually happened will resist the kneejerk "post-Tebow" script. Quarterback John Brantley actually did a decent job for his first start. Some of the veteran offensive players, however, had an inexcusably terrible performance. Mike Pouncey, for example, had over a dozen bad snaps, which made it hard for Brantley to utilize his powerful throwing arm. Also, several offensive players fumbled the ball, resulting in Gator turnovers.
The strongest element of the game was the defense. Despite numerous turnovers and mistakes by the offense, the Florida defense prevented Miami from going into the endzone.
Thankfully for the Gators, the team was able to escape this miserable performance with a victory. In addition, the Gators will have a week to correct mistakes and get ready for SEC play. Alabama is only two weeks away for Florida.
UPDATE: This analysis at Bleacher Report gets it right.
Sabtu, 04 September 2010
Jumat, 03 September 2010
Jan Brewer: No More Debates!
Jan Brewer's horrendous performance in the recent Arizona gubernatorial debate has become an Internet sensation. Brewer stumbled during her opening statement. She sat silent and uncomfortable or nearly ten seconds, unable to recall what she should say. And she repeatedly used incorrect grammar, describing what "we have did" for Arizona.
Brewer has now called it quits: no more debates. Brewer says she cannot perform well in an "adversarial" process (so why does she want to govern one of the largest states in the nation). She also foolishly admitted that she agreed to the debate only to qualify for state campaign assistance. Translation: I do not want the voters to realize that I have no answers when my ideas are challenged, but thanks for the campaign funding.
Here is video footage of Brewer's awful opening statement.
Brewer has now called it quits: no more debates. Brewer says she cannot perform well in an "adversarial" process (so why does she want to govern one of the largest states in the nation). She also foolishly admitted that she agreed to the debate only to qualify for state campaign assistance. Translation: I do not want the voters to realize that I have no answers when my ideas are challenged, but thanks for the campaign funding.
Here is video footage of Brewer's awful opening statement.
Progressive Coalition Planning March on Washington, October 2, 2010
One Nation Working Together, a coalition of dozens of organizations and individuals, is sponsoring a march on Washington scheduled for October 2, 2010. The organization's webpage contains a tab labeled "What We Stand For," which includes the following statement:
We all deserve a just and fair chance to achieve the American Dream. Our national identity is rooted in the ideal that all people – regardless of race, class, sex, sexual orientation, gender identity, heritage or ability – should have the opportunity to fulfill their potential.The website also says that conservatives, liberals, progressives and moderates are all members of the organization. The list of "endorsing organizations," however, are predominately liberal and progressive groups. It is great to witness some visible social movement activity from the left.
One Nation Working Together will chart a bold, pragmatic path toward a more unified, sustainable, prosperous future by building support for these core principles and policy ideals.
Minggu, 29 Agustus 2010
Tim Tebow Will "Likely" Play Against Steelers
According to the Denver Post, Broncos quarterback Tim Tebow will likely play in tonight's preseason finale against the Pittsburgh Steelers. Tebow sustained an injury to his ribs during the first preseason game.
Unfortunately for the Broncos, however, many other players will remain sidelined with injuries. Also, for those Tebow fans out there, he is not expected to enter the game until around the fourth quarter.
Unfortunately for the Broncos, however, many other players will remain sidelined with injuries. Also, for those Tebow fans out there, he is not expected to enter the game until around the fourth quarter.
Jumat, 27 Agustus 2010
Tim Tebow: Will He or Won't He Play?
Denver Broncos quarterback Tim Tebow is still nursing bruised ribs he sustained nearly two weeks ago during a preseason game against the Cincinnati Bengals. Tebow suffered the injury during a touchdown run on the last play of the game. Tebow compiled the best statistics of all of the rookie quarterbacks who played during week one of the preseason.
Since that time, however, Tebow has missed a preseason game against the Detroit Lions, but he returned to practice this week. Nevertheless, according to the Denver Post, it remains unclear whether or not he will play during the next game against the Pittsburgh Steelers.
Since that time, however, Tebow has missed a preseason game against the Detroit Lions, but he returned to practice this week. Nevertheless, according to the Denver Post, it remains unclear whether or not he will play during the next game against the Pittsburgh Steelers.
Kentucky Lawyer Faces 6-Month Contempt Sentence For Obeying The Law
Amelia Mikki Adams, a Louisville, Kentucky, lawyer, received a 6-month contempt sentence for refusing to reveal the name of her minor client to a judge. Adams represented "J.J.," a 17-year-old female, who sought judicial approval of her decision to have an abortion.
According to Supreme Court precedent, states can require minors to obtain parental consent prior to having abortions. These states, however, must provide a "judicial bypass" option for mature minors to seek an abortion without parental consent.
During the bypass hearing, J.J "testified that her parents drink to the point of intoxication every day, leaving her and a younger sister to make their own meals and take care of themselves. . . ." The judge ruled that she was mature enough to have an abortion without parental consent.
Later the judge demanded that Adams reveal J.J's name, saying that she wanted to report the parents for child neglect. Adams refused because Kentucky law allows for anonymous bypass hearings and because ethical rules for attorneys prohibit attorneys from disclosing confidential client information. Although state law requires persons to report suspected incidents of child neglect or abuse, the law contains an exception for abuse learned of through an attorney-client relationship.
After the judge continued pressing for the information, Adams told the judge that she only knew her client's first name. Adams, however, immediately withdrew this comment, stating that she misspoke. The judge, however, later sentenced Adams to 6 months of incarceration for misleading the court and for failing to reveal J.J.'s name. The contempt ruling is currently under appeal, and the judge has stayed the contempt ruling pending appeal.
My Take
While Adams was wrong if she intentionally mislead the judge, the judge's request seems to violate Kentucky's bypass statute and its attorney ethical rules (which are similar across the nation). This alone would probably provide a basis for the appeals court to reverse the contempt ruling.
Improper Procedure Finding Contempt?
There is another possible angle that the appeals court could consider, but which media accounts have ignored. There a several kinds of contempt -- coercive and compensatory civil contempt and criminal contempt. Furthermore, contempt can be direct, or in the presence of the court, or indirect, taking place outside of court.
If a court imposes imprisonment or a fine under circumstances where the individual has no way to avoid the penalty, this constitutes criminal contempt. Contrast this with the situation where the court imposes a daily fine or jail term in order to coerce compliance with its orders (coercive civil contempt).
Supreme Court precedent requires courts to extend more due process to persons charged with criminal contempt. Although Kentucky law and the Federal Rules of Criminal Procedure permit summary proceedings for direct criminal contempt, these rules exist to prevent disruption to the legal proceeding. Although the facts of this case are unclear, it seems that the proceeding was virtually over and the court had already rendered its decision when the judge found Adams in contempt.
Under circumstances such as these, it is unclear whether a summary proceeding without notice or a hearing is permissible. As the Supreme Court held in UAW v. Bagwell, the leading case on this issue:
UPDATE: This article was edited for clarity.
According to Supreme Court precedent, states can require minors to obtain parental consent prior to having abortions. These states, however, must provide a "judicial bypass" option for mature minors to seek an abortion without parental consent.
During the bypass hearing, J.J "testified that her parents drink to the point of intoxication every day, leaving her and a younger sister to make their own meals and take care of themselves. . . ." The judge ruled that she was mature enough to have an abortion without parental consent.
Later the judge demanded that Adams reveal J.J's name, saying that she wanted to report the parents for child neglect. Adams refused because Kentucky law allows for anonymous bypass hearings and because ethical rules for attorneys prohibit attorneys from disclosing confidential client information. Although state law requires persons to report suspected incidents of child neglect or abuse, the law contains an exception for abuse learned of through an attorney-client relationship.
After the judge continued pressing for the information, Adams told the judge that she only knew her client's first name. Adams, however, immediately withdrew this comment, stating that she misspoke. The judge, however, later sentenced Adams to 6 months of incarceration for misleading the court and for failing to reveal J.J.'s name. The contempt ruling is currently under appeal, and the judge has stayed the contempt ruling pending appeal.
My Take
While Adams was wrong if she intentionally mislead the judge, the judge's request seems to violate Kentucky's bypass statute and its attorney ethical rules (which are similar across the nation). This alone would probably provide a basis for the appeals court to reverse the contempt ruling.
Improper Procedure Finding Contempt?
There is another possible angle that the appeals court could consider, but which media accounts have ignored. There a several kinds of contempt -- coercive and compensatory civil contempt and criminal contempt. Furthermore, contempt can be direct, or in the presence of the court, or indirect, taking place outside of court.
If a court imposes imprisonment or a fine under circumstances where the individual has no way to avoid the penalty, this constitutes criminal contempt. Contrast this with the situation where the court imposes a daily fine or jail term in order to coerce compliance with its orders (coercive civil contempt).
Supreme Court precedent requires courts to extend more due process to persons charged with criminal contempt. Although Kentucky law and the Federal Rules of Criminal Procedure permit summary proceedings for direct criminal contempt, these rules exist to prevent disruption to the legal proceeding. Although the facts of this case are unclear, it seems that the proceeding was virtually over and the court had already rendered its decision when the judge found Adams in contempt.
Under circumstances such as these, it is unclear whether a summary proceeding without notice or a hearing is permissible. As the Supreme Court held in UAW v. Bagwell, the leading case on this issue:
Summary adjudication becomes less justifiable once a court leaves the realm of immediately sanctioned, petty direct contempts. If a court delays punishing a direct contempt until the completion of trial, for example, due process requires that the contemnor's rights to notice and a hearing be respected. There "it is much more difficult to argue that action without notice or hearing of any kind is necessary to preserve order and enable [the court] to proceed with its business. . . ." Direct contempts also cannot be punished with serious criminal penalties absent the full protections of a criminal jury trial (italics added).Because the facts surrounding the contempt ruling are not thoroughly reported in press accounts, it is unclear at this point whether the Kentucky judge complied with Supreme Court doctrine. Adams could also argue that the 6-month sentence constitutes a serious penalty under the circumstances. Regardless, Adams has a great basis for an appeal, given the weight of law that leans to her side.
UPDATE: This article was edited for clarity.
Another Mississippi School Makes Headlines for Bigotry: Racially Segregated Student Council Positions
Another school in Mississippi is making the headlines for its bigotry. Earlier this year, a Mississippi school infamously told a lesbian student that she could not attend the school prom with her date. After the student sued the school, it canceled the prom. Facing national criticism and a lawsuit, the school resorted to trickery. It threw a sham prom for the lesbian and a few other students, while their classmates went to the real prom.
Now, another Mississippi school is making headlines for its bad behavior. MSNBC reports that Nettleton Middle School in Nettleton, Mississippi, has racially segregated the student council positions at the school. According to a memorandum that school officials distributed to students, only whites can run for the position of president. Only blacks can run for Vice President of the 8th grade class, while only whites can run for that position in 6th and 7th grade. The positions of "Secretary-Treasurer" and "Reporter" are similarly segregated. If this news is true, it proves, once again, that there are places in this country where the legal command of Equal Protection means nothing at all.
UPDATE: MSNBC reports that the school has invalidated the policy. Now, it will allow all students to run for the office they choose. Interestingly, school officials say that they rotate the races each year and use the policy to ensure minority representation. If this is the school's actual goal, it is legitimate. Nevertheless, it is carried out in a very bad manner. Furthermore, if black students cannot get elected without this policy, then it appears that white students, who outnumber blacks, are engaging in racialized voting (which exists even for adults). The students need lessons on tolerance, not division.
Now, another Mississippi school is making headlines for its bad behavior. MSNBC reports that Nettleton Middle School in Nettleton, Mississippi, has racially segregated the student council positions at the school. According to a memorandum that school officials distributed to students, only whites can run for the position of president. Only blacks can run for Vice President of the 8th grade class, while only whites can run for that position in 6th and 7th grade. The positions of "Secretary-Treasurer" and "Reporter" are similarly segregated. If this news is true, it proves, once again, that there are places in this country where the legal command of Equal Protection means nothing at all.
UPDATE: MSNBC reports that the school has invalidated the policy. Now, it will allow all students to run for the office they choose. Interestingly, school officials say that they rotate the races each year and use the policy to ensure minority representation. If this is the school's actual goal, it is legitimate. Nevertheless, it is carried out in a very bad manner. Furthermore, if black students cannot get elected without this policy, then it appears that white students, who outnumber blacks, are engaging in racialized voting (which exists even for adults). The students need lessons on tolerance, not division.
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