This was a great moment in American law. From the New York Times
- Feb 7, 1935:
Modern U.S. elections have their problems, but at least election laws aren't as blatantly racist as they were as late as the 1950s. For instance, in Oklahoma, in the 1950s, if you wanted to run for public office you first had to file a form with the state declaring what race you were. There were only two options. If you were of "African descent" you were "Negro." If you were anything else (Chinese, Australian aboriginal, etc.) you were "White." If you indicated you were "Negro," then this descriptive term was placed in parentheses after your name on the ballot. "Whites" were not similarly labeled.
A black Oklahoma City attorney, A.B. McDonald, filed suit against the State Election Board in 1954 alleging discrimination. The District Court dismissed his case
, ruling that, "The placing of the word 'Negro' on a ballot after the name of a candidate is merely descriptive and properly serves to inform the electors of the fact that the candidate is of African descent."
The Supreme Court eventually overturned the District Court's ruling, deciding that the Oklahoma law was unconstitutional. As for A.B. McDonald, I haven't been able to find much information on his subsequent career. All I found was a short paragraph in Jet magazine (Mar 1959)
indicating that he had some other problems in his life:
Here you see the main attraction at Fort Smith National Park
. A recreation of the gallows where Hanging Judge Isaac Parker
sent 79 criminals to their death.
And people say kids will get bored at such historical monuments! This makes history come alive! Er, come dead...?
First up, a UK judge has spoken out to say children should
be allowed to take knives to school. Not all children mind you, just Sikh children. Justice Mota Singh, a Sikh himself, is talking about the kirpan, a ceremonial three-inch knife worn as a show of faith by devout Sikhs, the wearing of which by one boy was banned by a North London school earlier this year. Singh later supported the boy's family's decision to withdraw him rather than accept their compromise offer that he carry a 'disabled' equivalent claiming the school's refusal was discriminatory (BBC News
Meanwhile another UK court last week ruled that particularly pious Hindu Davender Kumar Ghai can
have the open-air cremation he fervently desires. It's been a long battle for Ghai, who found his proposal to site traditional funeral pyres on land outside Newcastle blocked by the city council in a decision later upheld by England's High Court. Now the UK Court of Appeal has said that the open-air ceremonies can go ahead, and that the requirement that all cremations occur 'within a building' could be met by any reasonable structure and did not dictate that structure have walls or a roof. Davenda Kumar Ghai, who is 76 and in poor health, can now go ahead and build his roofless crematorium, once he gets planning permission to do so, from Newcastle City Council (Times
And in yet another landmark decision, the councillors in Reading, England have given the local Muslim community permission to carry out their own burials in the borough's cemeteries at weekends, which council gravediggers do not work. Many Islamic traditions favour burial very soon after death, and the delays caused by the weekend closures was cited as a significant cause of stress for relatives. In response, the council have agreed to dig some graves beforehand for later use in a pilot scheme expected to last one year, or until the first Saturday night drunk falls in one and sues (GetReading
Mind you, even once you're in the ground you're not always safe. A row over the siting of a new museum on a Muslim cemetery in Jerusalen has boiled over this week with families who claim to have relatives buried there petitioning the UN. The cemetery, which dates back several hundred years, is due to be excavated to make was for a new “Center for Human Dignity – Museum of Tolerance” being built by the Simon Wiesenthal Center, who dispute the families' claims. “The Museum of Tolerance project is not being built on the Mamilla Cemetery. It is being built on Jerusalem’s former municipal car park, where every day for nearly half a century, thousands of Muslims, Christians and Jews parked their cars without any protest whatsoever from the Muslim community,” said founder Rabbi Marvin Hier (Telegraph
Time to point our telescopes of weirdness at "the old country", methinks.
Speaking of old, recent research carried out by the University of Michigan has revealed that US seniors are smarter than their UK counterparts. The study, lead in the US by Kenneth Langa, measured the recall abilities of over 8000 elderly Americans and over 5000 elderly Brits, and found that the yanks scored 1.4 more on the memory tests, out of a possible 24. Langa suggests that part of the difference was due to higher average levels of education and income in the US group, and higher levels of depression in the UK sample, but points out that nothing is certain at the moment. "It's like a view from 30,000 feet" said Langa (New Scientist
And it's not just British brains that are shrinking, the UK's sheep are getting smaller as well. Because of a trend towards milder weather believed to be due to climate change, Sheep on the Outer Hebridean island of Soay are getting smaller at the rate of 100g/year, say researchers from Imperial College, London. Though it might seem that warmer winters and a greater abundance of food might make for bigger sheep, Tim Coulson, the professor leading the study, points out that fewer weaker and smaller lambs will die over winter, bringing down the average size (Telegraph
Now, in some good news, UK campaigners have won a second victory in a three-year battle... to bring back a chocolate bar. The "Wispa Bar", made by European confectioners Cadbury, was introduced in 1995 along with a caramel laced version called the "Wispa Gold", only for both to be discontinued in 2003. This prompted some die-hard fans of the bubbly chocolate bar to start a petition to have it go into production again, resulting in a "limited edition" run of the original Wispa last year. When the 40 million bars produced sold out in just 18 weeks, Cadbury decided to relaunch the brand. Not satisfied with just one bar, campaigners have kept up the pressure, causing Cadbury to start producing Wispa Golds "for a limited period," as before. However to some commentators, this latest move looks more like slick PR than grassroots victory (Sky News
And "you're not very good at it," said the judge
Mr. Dana Reid, 33, college-degreed, turned to drug-dealing as a "major trafficker" in ecstasy and marijuana, and had the book thrown at him in Halifax, Nova Scotia. Said the judge: "What was going on in your head? You're an intelligent guy. [T]his is not the appropriate way of life for you. Not only is it illegal, but you're not very good at it . . .." Chronicle Herald
If lawyers got paid by the word
Associated Press ran a blurb yesterday about a Tacoma, Wash., judge who, frustrated with a humongously long pleading (465 pages; usually, they’re just a couple of pages), dismissed it with a limerick. Particulars of the filing: The title is 8 pages long; the six defendants are described in the next 18 pages. “Plaintiffs allegations continue for 87 pages,” wrote the judge, “including a 37-page pit-stop to quote emails.” Here’s one of the lawyer’s paragraphs:
Plaintiffs, for a Fifty-Fourth Claim for Relief, reallege and incorporate herein Paragraphs 1 through 105, including the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, Nineteenth, Twentieth, Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, and Twenty-Seventh Claims for Relief alleged under the federal Racketeer Influenced and Corrupt Organizations Act of 1970 [“RICO”] [Title 18, U.S.C.A. Sections 1981 et seq], and the Twenty-Eighth, Twenty-Ninth, Thirtieth, Thirty-First, Thirty-Second, Thirty-Third, Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Eighth, Thirty-Ninth, Fortieth, Forty-First, Forty-Second, Forty-Third, Forty-Fourth, Forty-Fifth, Forty-Sixth, Forty-Seventh, Forty-Eighth, Forty-Ninth, Fiftieth, Fifty-First, Fifty-Second, and Fifty-Third Claims for Relief.
A Comments thread is open for constructing personality profiles of the attorney, Dean Browning Webb. Hit him with your best shot. U.S. District Court Order
[link from HowAppealing.Law.com blog] [via Wall Street Journal Law blog]
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