LegalFish: The Daily Tackle

Same-Sex Marriage Debate Goes to Maine

In a few days, Maine voters will decide whether or not to repeal their new same-sex marriage law.  If they choose to keep it, the state will be unique for upholding the law via popular vote.  The issue – of civil rights and family – provokes hand-wringing and loud speeches on both sides of the ballot. 

We’ll start in 1996, when President Bill Clinton signed the Defense of Marriage Act prohibiting same-sex couples from receiving federal rights and benefits.  DOMA also (this is possibly the biggest kicker in the whole debate – a total bane to gay marriage supporters, and the saving grace of its opponents) defined marriage, at the federal level, as a union between one man and one woman.  An idea wrought with intensely personal spiritual values, “marriage” is culturally and linguistically more significant than “civil union.”  Cue disagreement and polarity, even within each individual group. 

David Letterman – Sex, Lies and Blackmail in the Workplace

Here’s the scenario:

David Letterman took to his late night talk show in early October to reveal that he had sexual affairs with Late Show staffers and that he was the alleged victim of an extortion plan. He explained that someone threatened to go public with his sexual encounters with staff members if he didn’t pay him over $2 million. Letterman reported the extortion threat to the special prosecution bureau of the Manhattan District Attorney’s office, which conducted an investigation and arrested CBS’s 48 Hours Producer Robert "Joe" Halderman. This saga, filled with lust, betrayal and revenge, continues to unfold as we witnessed Letterman’s public apology to his wife in an attempt soothe the turmoil in this marriage and friends and co-workers of Halderman publicly speculate that he blackmailed Letterman because he was in debt and because Letterman upset him by sleeping with his girlfriend, Stephanie Birkitt. 

The Odd File: French Upset about Subway Restaurant Ad

Here’s the scenario:

Back in 2005, a French man living in Massachusetts wrote in complaining about Subway Restaurant’s advertisement of their new chicken cordon bleu sandwich.  A poster in a Subway Restaurant window read “Chicken and France… Somehow it just goes together.” The poster also featured a chicken dressed in what appeared to be a French military uniform. He found the poster to be disturbing because to him it was clearly racist, inflammatory, and insensitive. The man said, “They’re looking to sell a few sandwiches on the basis of the current anti-French sentiment?” He acknowledged that there are a lot of French people in the United States and that Subway Restaurant, as an international franchise, has shops in France and Quebec, so he had a hard time imagining this poster in restaurant windows there. He asked: “Are they violating any laws?”

Criminal Law: Bank of America's Legal Woes

Bank of America’s purchase of Merrill Lynch back in January of 2009 for $29 billion has brought the bank a lot of uninvited legal attention. After suffering a loss of $27.6 billion in 2008, Bank of America paid out $3.6 billion in bonuses to Merrill employees before closing the deal. The Securities and Exchange Commission (SEC), New York Attorney General Andrew Cuomo and other congressional investigators are probing whether or not Bank of America failed to disclose to shareholders Merrill Lynch's losses and bonus payments before the merger was approved. And, the Department of Justice and the FBI have been conducting a criminal investigation about the Bank of America-Merrill Lynch deal for six months.

Recapping Obama’s Health Care Speech

Last night millions of Americans tuned in to watch President Obama outline the key components to his health care proposal. Though I could spend this blog ranting about the disrespectful, and in some cases unpatriotic, behavior some Republicans showed, by shouting out that our president lies, holding “What Bill?” signs, and waving papers that outlined their concerns, I’m taking this opportunity to further flesh out the plan Obama proposed last night.

In many ways Obama’s speech was an opportunity for him to prove to the progressive population that helped place him in office that he had not abandoned the initiatives that fueled his campaign and that he would stand firm on his approach to be the last president to take up this cause. But, similar to the political pundits' criticism of Obama during election season: he talks a good game, but can he provide specifics? Last night’s speech allowed him to specify what exactly he has in mind when it comes to health care reform. As Obama said, “The time for bickering is over…now is the time to deliver on health care.”

Criminal Law: Blagojevich’s Book – Politics Revealed!

Illinois residents trusted Former Illinois State Governor Rod Blagojevich with state affairs for six years. The foundation that trust stood upon was shook with the uncovering of Blagojevich’s “pay to play” scandal to accept bribes for President Obama’s open Senate seat. It’s amazing how a few recorded vulgar tapes and federal corruption charges can leave a state, once so proud to call the new president a product of Illinois’ political system, embarrassed and ashamed by its governor’s controversy.

As embarrassing as it may be, controversy sells, and Blagojevich, stripped of his political reputation and career, has resorted to capitalizing upon that controversy. According to a Chicago Sun-Times article back in March of 2009, Blagojevich’s publicist announced that he signed a “‘six-figure book deal’ with Phoenix Books.” Six months later, Blagojevich’s book, “The Governor,” is on shelves and in the middle of the publicity machine. At first glance of the book and its intent, one can assume that Former Governor Blagojevich, while awaiting trail on public corruption charges, is using his book to cry over the spilled milk of his failed political career.