Posts tagged Legal System

IL doctor allegedly assaults several female patients, may not permanently lose license

**Trigger warning for sexual assault**

Terrible news from my home state:

A 17-year-old girl reported to Berwyn police in 2003 that her doctor, Ricardo Arze, had pulled off her clothes and sexually assaulted her in his exam room, state records show.

Two years later, another patient reported to Berwyn police that Arze had placed his hands on her breasts, breathed heavily on her neck and tried to touch her genitals, claiming it would help treat depression, according to a police report.

Not until 2007 -- after at least four women had filed complaints -- did police launch the investigation that led to Arze being charged with sexually assaulting patients and having his license suspended, records show.

By that time, the family physician had allegedly assaulted at least 21 women and girls at his Arze Doctors Center in Berwyn, according to criminal and civil complaints that outline attacks stretching at least to 2000.

...That police had received allegations against Arze as early as 2003 came as a shock to one of the women who reported being abused by him in 2007.

"I am disgusted," she said of law enforcement. "They should investigate why they didn't do anything. They were accomplices."

The women said they continue to suffer trauma from the incidents. They cannot see male doctors. One has recurring dreams about her alleged attack.

Arze, who is scheduled to be in court Aug. 16, won't lose his medical license for good even if convicted of all the sexual assault and battery of patient charges.

The Illinois Department of Financial and Professional Regulation has interpreted the state Medical Practice Act to mean that it cannot permanently revoke a physician's license unless a doctor has been twice convicted of felonies involving controlled substances or public aid offenses.

A Tribune review uncovered 16 convicted sex offenders who have held Illinois medical licenses within the past 15 years. Not one had his license permanently revoked. One doctor convicted of sexually abusing a patient was never disciplined by the state in any way.

h/t

Federal judge puts breaks on controversial parts of Arizona immigration law

This is good news, but lawyers for Gov. Brewer are expected to appeal and this may go the United States Supreme Court:
A federal judge on Friday, weighing in a clash between the federal government and a state over immigration policy, blocked the most controversial parts of Arizona’s immigration enforcement law from going into effect.

In a ruling on a law that has rocked politics coast to coast and thrown a spotlight on a border state’s fierce debate over immigration, Judge Susan Bolton of Federal District Court here said that some aspects of the law can go into effect as scheduled on Thursday.

But Judge Bolton took aim at the parts of the law that have generated the most controversy, issuing a preliminary injunction against sections that called for police officers to check a person’s immigration status while enforcing other laws and that required immigrants to carry their papers at all times.

Judge Bolton put those sections on hold while she continued to hear the larger issues in the challenges to the law.

“Preserving the status quo through a preliminary injunction is less harmful than allowing state laws that are likely pre-empted by federal law to be enforced,” she said.

“There is a substantial likelihood that officers will wrongfully arrest legal resident aliens,” she wrote. “By enforcing this statute, Arizona would impose a ‘distinct, unusual and extraordinary’ burden on legal resident aliens that only the federal government has the authority to impose.”

Nov. 16th: Feminist activist and lawyer Sybille Fritzsche talks at TU


Dear Friends of Women’s and Gender Studies at the University of Tulsa,

TU Women’s and Gender Studies is co-sponsoring with the Department of History a talk by feminist activist and lawyer Sybille Fritzsche on November 16 at 8:00 p.m. in Helmerich Hall (the Business Administration Hall).

Titled “Forward into the Past: The History of Reproductive Freedom,” the talk will focus on Ms. Fritzsche’s battle to overturn criminal abortion laws in the state of Illinois. Please join us on November 16.

(Distributed by Jan Doolittle Wilson, Ph.D., Associate Professor of History and Director of Women’s and Gender Studies at the University of Tulsa.)

I’d love to meet Fritzsche and hear what she’s got to share.

Peace,
Beamish

The Center for Reproductive Rights – Columbia Law School Fellowship

I know there are plenty of feminists out there that are not only passionate Columbia_law_madisonabout reproductive justice, but the law as well. If that happens to be you, consider this new fellowship offered by Columbia Law School and The Center for Reproductive Rights. It is a two year, post-graduate fellowship that will begin in July of 2010.

This sounds like an amazing opportunity to do great work for reproductive rights. Here is a description of the program

The CRR-CLS Fellowship is a full-time, residential fellowship for up to two full years starting in July 2010. The Fellow will be a member of the community of graduate fellows at the Law School and will be integrated into the legal and policy work of the Center and will have work space at both locations. The Fellow will also have access to law school facilities, including the library and on-line research resources, and faculty events. It is expected that the Fellow will work closely with an assigned Law School faculty mentor. Fellows will pursue independent research and scholarship in preparation for entering the legal academic job market at the conclusion of their first Fellowship year. Fellows are expected to produce a work of serious scholarship during their Fellowship tenure. Fellows will also have responsibility for the planning and hosting of academic conferences and/or roundtable discussions and creation of curricular materials as part of their work at CRR. The scope and detail of the Fellows’ work will be agreed upon in consultation with their faculty mentor and the Center for Reproductive Rights.

The fellow will also receive a stipend of $55,000 per year for each full year in residence. How awesome is that?

Here are the eligibility requirements:

Applicants must show a strong interest in developing a research agenda related to reproductive health and human rights and show exceptional promise as a legal scholar. Applicants will be evaluated by the quality of their application materials, and by their record of academic and professional achievement. A J.D. from an accredited law school in the United States is required. Fellows are not required to be graduates of Columbia Law School.

This program sounds super legit. I couldn’t think of a better way for a passionately pro-choice feminist to get involved in reproductive rights via the legal system.

Although i’m not really the lawyer type, I know how important it is that we have legal advocates for reproductive justice. We are at a crucial time in the fight for choice and this opportunity just goes to show the myriad of different opportunities out there for women’s rights advocates to get involved in an incredibly meaningful way.

Legalize it: Thanks, California, for continuing to lead the way!


Hi, y’all,

Let’s talk about weed. And about how it is time for it to be legalized and taxed. And about how that tax money will help our economy. And about how Oakland, CA, (notice how OAKLAND sounds a little like OKLAHOMA? Or is it just me and my optimism?) recently approved a tax on medical marijuana.

OAKLAND, Calif. — Oakland residents overwhelmingly voted Tuesday to approve a first-of-its kind tax on medical marijuana sold at the city’s four cannabis dispensaries.

Preliminary election results showed the measure passing with 80 percent of the vote, according to the Alameda County Registrar of Voters.

The dispensary tax was one of four measures in a vote-by-mail special election aimed at raising money for the cash-strapped city. All four measures won, but Measure F had the highest level of support.

Scheduled to take effect on New Year’s Day, the measure created a special business tax rate for the pot clubs, which now pay the same $1.20 for every $1,000 in gross sales applied to all retail businesses. The new rate will be $18.

Oakland’s auditor estimates that based on annual sales of $17.5 million for the four clubs, it will generate an estimated $294,000 for city coffers in its first year.

Pot club owners, who openly sell pot over the counter under the 1996 state ballot measure that legalized medical marijuana use in California, proposed Measure F as a way to further legitimize their establishments.

“It’s good business and good for the community,” said Richard Lee, who owns the Coffee Shop SR-71 dispensary and Oaksterdam University, a trade school for budding dispensary workers. [...]

Advocates of legalizing pot for recreational use hope to use Oakland’s experience with Measure F to persuade California voters next year to approve a measure that would legalize and regulate marijuana like alcohol. (from huffingtonpost.com)

So, clearly, I think weed should be legalized–I think all controlled substances should be because they are actually very easy to obtain if you’ve got the cash and because who am I to tell someone what to do with his/her body. I get uneasy about anything that doesn’t originally come from the earth as a plant, I’ll admit. But right now I have to say that people are going to get whatever they want and the War of Drugs is and always has been a joke–even Walter Cronkite knew it.

I understand that some folks have moral concerns because they worry what kind of behaviors drug use will lead to. Well, here’s some commentary from alternet.org’s Drug Reporter, Ryan Patterson, about Marijuana Prohibition and morality:

While our current economic climate has prompted many Californians to look toward legalized marijuana as a solution to our near-legendary budget woes, there are those for whom the potential revenue from marijuana is no compensation for the further erosion of our morals. In their eyes, the prohibition of marijuana must continue, lest our society drown in a tidal wave of vice. But what about the morality of prohibition? [. . .]

Although prohibition seems to be the clearest way to achieve this goal, this simple plan is fatally flawed. In practice, total prohibition is the total abandonment of control. Prohibition has given rise to a clandestine marketplace completely out of the government’s reach, thereby increasing youth access. Drug dealers don’t ask young buyers for ID.

By banning distribution of marijuana anywhere, we have given up control of distribution everywhere. By limiting our responses to marijuana distribution to criminal punishment, we have failed to protect the consumer’s safety through regulating the product’s quality and encouraging responsible use.

Most important of all, by failing to maintain a legitimate, regulated market we have given incentive to violent criminal enterprises motivated by the lucrative, unfettered profits, thereby jeopardizing the safety of all.
The regulated legalization of marijuana should not be viewed as acquiescence to a depraved subculture, but the reclamation of control. Through regulated legalization we can control distribution. We can control its quality and potency. We can address the harms caused by its abuse through constructive treatment, rather than destructive punishment. We can usurp the power of the black market by eliminating their profits. And for those who consider marijuana consumption an immoral personal choice, we can ensure that society’s response is a moral one.

Read the full article, “Love Thy Neighbor: The Immorality of Marijuana Prohibition,” if you like!

Also, here’s a link to Oklahoma’s NORML Chapter. NORML, as you probably know, is the National Organization for the Reform of Marijuana Laws. This pages provides information about Oklahoma’s current marijuana laws, issues, and efforts.

Questions? Comments? Concerns? Compliments? ;)

Peace,
Beamish

On Sotomayor’s nomination


CNN has a good article up about Sotomayor’s nomination by President Obama, “Partisan Confirmation hearings expected for Sotomayor.” Highlights from the article include the following:
*Republicans say they need time to examine record of Obama’s high court nominee
*Conservative group calls Sonia Sotomayor “liberal judicial activist”
*Sotomayor’s confirmation virtually certain in Democratic-majority Senate, analysts say
*Obama has said he wants Sotomayor confirmed before August congressional break

I agree with Tara, who said that Sotomayor is not as left-leaning as she’d prefer the nominee to be but that Sotomayor is still a very exciting possibility.

The National Organization of Women released this earlier today:

NOW Cheers President Obama’s Reported Nomination of Sonia Sotomayor to Supreme Court

Statement of NOW President Kim Gandy

May 26, 2009

This morning we will celebrate, and this afternoon NOW will launch our “Confirm Her” campaign to ensure the swift confirmation of the next Supreme Court Justice.

Nominated to serve as the third woman and first Hispanic on the Supreme Court in the history of the United States, Judge Sotomayor will serve the nation with distinction. She brings a lifelong commitment to equality, justice and opportunity, as well as the respect of her peers, unassailable integrity, and a keen intellect informed by experience. President Obama said he wanted a justice with “towering intellect” and a “common touch” and he found both in Judge Sotomayor.

What more do women want? We want a swift confirmation in the U.S. Senate, and Associate Justice Sotomayor to join Ruth Bader Ginsburg on the Court before the Senate’s August recess.

To ask your congresspeople to support Sotomayor, check out NOW’s take-action page over the next couple of days as they launch their “Confirm Her” campaign.

Peace,
beamish

SCOWisconsin to take on same-sex marriage ban

News from my home state:

MADISON, Wis. (AP) — The Wisconsin Supreme Court agreed Thursday to decide whether the state's 2006 ban on gay marriage was properly put to voters.

A ruling striking down the amendment would not legalize same-sex marriage because state law still defines marriage as a union between husband and wife. However, it could pave the way for lawmakers to eventually allow it, or for advocates to file lawsuits seeking that right.

...

The 2006 referendum asked whether to rewrite the state constitution to define marriage as between one man and one woman and outlaw the state from granting a similar legal status to unmarried individuals.

The justices are expected to decide two issues. The first is whether the two-part question violated the clause in the constitution that limits referendum questions to a single subject.

The second is whether an individual voter such as McConkey, a straight man who has a gay daughter, has the legal standing to sue. Van Hollen argues he does not.

Interesting on the second issue - If an individual voter doesn't have the ability to address state referendums which become policy, then who does?

While this court case wouldn't legalize gay marriage, it would take away significant barriers in the process of legalization.

On Wisconsin!


via Dan Savage.

Quick Read: Feminism is not a religion

Susan Henking at Religious Dispatches wrote a really interesting article on the recent court case against Columbia University trying to have feminism established as a religion, and thus federal aid for Women's Studies classes were a violation of the Establishment Clause of the First Amendment. The lawsuit was dismissed, but Henking raises important questions of definitions and why it matters what we call things, especially in a legal setting. Context matters.

She concludes with this:
The plaintiff in the recently dismissed case was making a specious case rooted in a frivolous legal argument. His views are repugnant. Yet, in raising the issue once again of what religion is, he served an important role. While frivolous and meanspirited, his spewing reminds us that the contest is not done. We remain a nation where not all are convinced by the simple argument that women, too, are fully human and that we, like men, are the legitimate topic of academic inquiry. We remain a nation where it does matter how we define religion. Critical engagement with the various contexts within which we (especially in Western culture but increasingly globally) have struggled to understand religion, both as phenomenon and as a category, is as crucial to the our world as Women’s Studies (and feminist work more generally).
It's an interesting article for anyone concerned about intersections of law and religion or religion and feminism.

Sex + Texting = Sexting

Newsweek had an interesting column this week about "sexting" the semi-clever name for sending naked pictures via text message. A study claims that 1 in 5 teenagers have "sexted." (The study specifies that 22% of girls and 18% of boys have admitted to "sexting.") The column talks about how many of these teenagers are being legally prosecuted for their actions. Both the senders and recipients are being charged: the senders with "production and distribution of child pornography" and the recipients with "possession."

The column focuses on the absurdity of punishing children:

"The argument for hammering every such case seems to be that sending naked pictures might have serious consequences, so let's charge these kids with felonies, which will surely have serious consequences."

I agree completely.

When I was a senior in high school, a freshman girl texted another student a naked picture of herself. The boy forwarded it to his best friend, who then sent it to most of the school. The principal became aware of the situation and ended up kicking the girl off of her sports team. The girl later transferred. The boys who had forwarded the photo weren't punished.

Parents are outraged at this trend, of course. They should be. The Internet's memory is infinite, and text messages are easy to forward. So why are thirteen year olds taking naked pictures of themselves? Teens are not stupid. They know that these phone photos will be forwarded and likely end up on the Internet. I am willing to bet many of these young people do it hoping most of the school will see it. Teens know that nudity is a type of capital. They see failing musicians pose for Playboy and then hear their music on the radio. Or they watch Tila Tequila, a woman with little talent and few clothes, get a television show. Popularity and being a known as "sexy" in high school is the equivalent of an MTV show, and one photo can be all it takes to become "someone" in high school. Everyone at my school knew about the girl whose photo was forwarded. Some boys even put the picture up in their locker, next to Pam Anderson or Adriana Lima.

This trend is going to continue because the reason kids "sext" is not going anywhere. When students value popularity and a label above anything else, they will do anything to get it. The consequences, like the permanence of the Internet, don't matter. We need to give these girls something more to strive for.