Did You Know?

Did you know that if you have a dog, you are legally required to keep the dog from "running at large"? This requirement amounts to a legal duty. Hence, if you breach the duty and your dog injures someone while they're at large, you'll be civilly liable for any injuries sustained by someone regardless of whether your dog has shown previous propensities of being dangerous.

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And this one you might be surprised by:

Did you know that there is a cause of action for "breach of marriage promise"? Translation: if you call off your engagement, you could be sued by your former fiance/fiancee. Presumably, this was of greater importance in a world lacking equality between the sexes; however, it's still law in Tennessee and likely elsewhere in America.


* The above is law on the books in Tennessee. But my communication of this information to you via the world-wide web doesn't mean you and I have a lawyer/client relationship. If you need a lawyer -- and I'm a fan of people being legally-informed and represented -- I'd be happy to recommend one to you. Please feel free to email me.

Did You Know?

Did you know that the first public school in the United States was established in 1635? Five of the 56 signers of the Declaration of Independence attended this school known as the Boston Latin School.

What's curious about this information is that it's inconsistent with some of the Establishment Clause alleged facts and case law. In 1971, the Court formulated a test, known as the Lemon test, to determine when the Establishment Clause has been violated. The Lemon Test's inquiries are whether the regulation has a secular purpose, whether the primary effect of the regulation is to advance religion, and whether there is excessive entanglement with religion due to the regulation. However, this test was not applied in an Establishment Clause case in 1983 when the Court was considering whether it was constitutional for legislatures to have prayer before their official proceedings. Marsh v. Chambers. The Supreme Court did not apply the Lemon Test in Chambers because of "unique history" of the United States. Specifically, at the time of the formation of the US when the First Amendment was codified, legislatures were praying publicly before their official sessions. Hence, how could the courts now rule that it is unconstitutional to pray before legislative meetings when the ones who drafted the law were doing that very practice? 

Courts argue that the reasoning of Marsh v. Chambers cannot be applied to issues regarding public schools as public schools were not in existence at the time of the codification of the First Amendment. Really? The founder of Boston Latin School was a puritan minister. Are we really to believe he wasn't leading the students in prayer and other religious activities? This unequivocal application of Lemon seems inconsistent to me ... but law can be an inconsistent, muddy mess.

Did You Know?

Did you know that Sunday School was created in the 18th century in order to prevent children in the "slums" from entering a life of crime? It was first established by Robert Raikes in Gloucester, England. The curriculum consisted of first learning to read and then to the catechism.  Other than a small break for lunch, the program also lasted from 10:00 am to 5pm. That's quite a program!

Did You Know?

Did you know that Roger Williams was banished from the Massachusetts Bay Colony for, among other "heresies," arguing that the civil government should be completely separate from religion?


Weisman v. Lee, 908 F.2d 1090, 1091 (1st Cir. R.I. 1990)

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In other news: I'm in America!

Did You Know?

Did you know that most* states require by law health care personnel to treat people in emergency situations regardless of their ability to pay?

For example, one Florida statute provides:

..... a person may not be denied needed prehospital treatment or transport from any licensee for an emergency medical condition.....

and

.... A person may not be denied treatment for any emergency medical condition that will deteriorate from a failure to provide such treatment at any general hospital.... (Fla. Stat. § 401.45)

Furthermore, when a physician treats someone in these situations, the doctor and related personnel are usually protected from liability.


* I am not aware of any state that does not require health care personnel to treat emergency-related health care maladies.

Did You Know?

When the government opens its public facilities for expressive activity, it may not enforce a content-based exclusion unless it can demonstrate that the regulation "is necessary to serve a compelling state interest and that it is narrowly drawn to achieve that end.” Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 45 (1983).

Thus, a public school cannot let the Lyons Club use their facilities on the weekend without also allowing a religious group (if the group applies like anyone else) use their facilities on the weekend. It's all or none folks!

Did You Know?

Happy Bastille Day!

Did you know that the Bastille is no longer standing?

This statue is located where the Bastille once stood:

This morning we went to the military parade in Paris and saw the following:

Lots of different regiments from France's military came marching through the streets.

Lots of the regiments were singing. I have no clue what they were singing, but I liked it. I always love a tradition -- and can spot one a mile away in a different language :)

I even saw this little guy at the parade.

A Pug!!!

Did You Know?

Texas Education Code provides that "[e]ach school district that offers kindergarten through grade 12 shall offer, as a required curriculum: ... an enrichment curriculum that includes: ... religious literature, including the Hebrew Scriptures (Old Testament) and New Testament, and its impact on history and literature." (See Tex. Educ. Code § 28.002).

Did You Know?

Did you know that parents can be held legally liable for the destructive acts or theft of their children?

For example, in Ohio any owner of property may maintain a civil action to recover compensatory damages not exceeding ten thousand dollars and court costs from the parent of a minor if the minor willfully damages property belonging to the owner or commits acts cognizable as a "theft offense." (See ORC Ann. § 3109.09).

Did You Know?

Did you know that governments may accept permanent religious monuments in public parks without violating the rights of others who are denied a chance to to have a different religious icon sharing park space? 

This rule of law was codified in Pleasant Grove City v. Summum, released from the Supreme Court just this morning, and was a unanimous decision. 

You can read the case here.  

Did You Know?

Did you know that at the peak of Enron's deception, they were following the regulations codified in Sarbanes-Oxley? 

Unbelievable .... but actually true.  

Lesson = Regulations Don't Necessarily Work

One super smart guy affirms the above lesson. His name is Professor Roubini, and he predicted this recession. Read more about his thoughts here. 

PS - If any of my friends out there are ever contestants on The Bachelor, please do not cry to the eligible fellow, nor cry on camera. Please.