Archive for May, 2010

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Seat Belt Crackdown In the Works for Memorial Day

May 31st, 2010 | Posted in Local Issues by bloom | No Comments »

Louisiana police and highway safety agencies are beginning the “Click-It or Ticket” campaign with the hope of stepping up education and seatbelt use in the state. Currently, seatbelt use has remained at 75 percent since 2004, which is 8 percent lower than the national average for 2008 at 83 percent. However, it is light-years ahead of the 1986 seatbelt use statistic of 12 percent. According to Lt. Col. John LeBlanc, executive director of the Louisiana Highway Safety Commission, each percentage point below the national average is roughly equivalent to 8 lives lost on our roads from not wearing a seat belt. Additionally, Tom Ed McHugh, executive director of the Louisiana Municipal Association, stated that 65% of the 900 people lost on our roads in 2008 were not restrained properly.

In an effort to do this, the Louisiana Highway Safety Commission is planning to put up 2,500 new “Buckle Up, America” signs and have given an extra $1.3 million dollars to put extra patrolmen on the road to step up enforcement. Sgt. Markus Smith, a state police spokesman, said the “Click-It or Ticket” effort is timed for Memorial Day weekend in an effort to stop the traffic accident increase that occurs during this weekend every year.

Louisiana Spends $40 million on Litter

May 30th, 2010 | Posted in Local Issues by bloom | No Comments »

Keep Louisiana Beautiful published a 2009 study that found that the state spends roughly $40 million per year on law enforcement, education, disposal and collection of litter at the municipal, parish and state level. Pete Newkirk, director of the Department of Public Works for Baton Rouge, agreed, “ Litter is kind of a big operation. We pick up litter on a daily basis and year round. It’s expensive, but you have to stay on top of it. … You either have to have to make people not litter or have enough resources to pick it up. Having litter crews, community service workers and prisoners, we keep it under control.” However, this is a lot to cover for a lack of personal responsibility

The report estimates that the Department of Transportation and Development spends nearly $8 million to keep state’s roads clean. Additionally, it is estimated that parish governments spend an equal amount to the DOTD while municipalities spend triple that at $24.5 million annually. Furthermore, these numbers do not include commercial garbage pick up.

TOPS Bill Moves Past Committee

May 29th, 2010 | Posted in Local Issues by bloom | No Comments »

The Louisiana House Education Committee approved House Bill 994 with a 6-5 vote. This bill could have widespread ramifications for students who choose to use the Taylor Opportunity Program for Students (TOPS) by changing the scholarship program to a loan forgiveness program that would require students, who did not meet mandatory standards for class load and Grade Point Average, to repay the funds paid for them by TOPS.

Currently, to keep TOPS, a student must be enrolled as a full-time student, which means that they must take at least 12 credit hours per semester. The college student must also maintain a 2.5 grade point average out of a 4.0 scale.

State Representative Joe Harrison (R-Napoleanville) hailed the legislation as a “student personal responsibility bill” and argued that repayment of the loans would be a “life lesson for the future.” He said, “I don’t understand why we’ve lost the concept of responsibility.”

TOPS can offer students upwards of $3500 to pay for tuition costs and fees. The program in total costs the state $130 million per year.

The executive director of the Patrick F. Taylor Foundation, James Caillier, disagrees with the restructuring of the TOPS program because it changes the nature and goodwill of the program. He argued against the bill: “Why should I work hard in high school for a loan?”

Supreme Court Restricts Life Sentences for Juveniles

May 26th, 2010 | Posted in Courts, National Issues by bloom | No Comments »

The Supreme Court ruled Monday May 17, 2010 that juveniles could no longer be handed down life sentences for crimes other than murders. In a 5-4 decision, the court decided that there must be “a meaningful opportunity to obtain release” for prisoners that are tried as adults while they are juveniles.

Justice Anthony Kennedy wrote the majority opinion. It emphasized the difference between a child and an adult in the judicial system and stressed that children must be dealt with in a special manner. The Supreme Court made this decision on the case of Terrance Graham, who was found guilty of armed robbery twice when he was 16 and 17. Graham, now 23, is incarcerated in Florida, which currently accounts for 60 percent of juveniles imprisoned for life for crimes other than murder. Currently, however, there are only 129 such cases in the United States. Other states that impose these sentences are California, Delaware, Iowa, Louisiana, Mississippi, Nebraska, Nevada, Oklahoma, South Carolina and Virginia.

Dissenting opinions came from Justice Clarence Thomas and Antonin Scalia. Both saw this ruling as problematic as it creates federal prison standards for state justice departments and both saw this as unnecessarily intrusive.

Kennedy justifies his decision: “The state has denied him any chance to later demonstrate that he is fit to rejoin society based solely on a non-homicide crime that he committed while he was a child in the eyes of the law. This the Eighth Amendment does not permit.” The Eighth Amendment deals with excessive bail, fines and cruel and unusual punishment. In this decision, the Court must have determined that it is cruel and unusual punishment to imprison a child for a non-murder crime for the entirety of their lives.

Cyberbullying Bill Altered

May 25th, 2010 | Posted in Internet/Technology, Legislation by bloom | No Comments »

The Senate Committeee on Judiciary C sent a message to adults who bully children on the Internet when they advanced House Bill 1259 today that offers greater punishment for adults that bully children on the world wide web. The bill was proposed by State Representative Roy Burrell (D- Shreveport), who said the intent of his bill was to limit behavior that can lead to suicide in young adults. In other states, most recently Massachusetts, bullying and harassment on sites such as Facebook are being linked to the suicides of young adults.

House Bill 1259 would make it a crime to “coerce, abuse, torment, intimidate, frighten, harass, embarrass, or cause emotional distress” to anyone 17 years and younger through the Internet or any other electronic communication.

On March 18th, the bill was adjusted to take care of two problems brought to attention by members of the senate committee. The first concern, brought forward by State Sen. Ann Duplessis (D- New Orleans), regarded the punishment for adults. Originally six months in jail for a first offense, Duplessis was concerned that this would create a legal loophole to avoid harsher penalties included in the cyberstalking law already in the book. Instead, the bill was amended to include a penalty of up to one year in prison and a maximum of a $2,000 fine. Second, State Senator Conrad Appel called for a malicious intent clause to be placed in the bill to avoid unnecessary charges on innocent children.

After the amendments were included, the Committee voted 4-1 to send the bill to the Senate floor.

Pesticides in Produce May Cause ADHD

May 24th, 2010 | Posted in National Issues by bloom | No Comments »

Findings published in May 16th’s Pediatrics have found a “persuasive” connection between the pesticides used on and contained in fruits and vegetables to the development of childhood learning problems. However, the data found does not directly correlate the two. The data was taken from a government health survey taken during 2000 to 2004 in which 1,139 children gave one-time urine samples and parents were interviewed on their children and whether they had ADHD.

The researchers argue that children are more prone to the effects of these pesticides due to the fact that they are growing and their bodies most likely consume more of the pesticide residue than adults relative to size and weight.

Pesticide compounds were present in 94 percent of all children tested. Additionally, children who were also listed as having ADHD were more likely to have higher levels of the pesticides in their urine.

While the study did not exact the means of exposure for each child, it is assumed that, due to the widespread nature of its presence, it was consumed on food. The study also suggested eating more organic foods to avoid the pesticides. Furthermore, frozen blueberries and strawberries were the foods with the most prevalent amounts of toxins.

Supreme Court Rules that Life Imprisonment Without Parole for Minors is Unconstitutional

May 23rd, 2010 | Posted in Courts, National Issues, Personal Injury by bloom | 1 Comment »

The U.S. Supreme Court recently ruled that it is unconstitutional for a court to sentence a minor to life imprisonment without parole unless he or she commits murder. The Supreme Court ruled that such sentences are disproportionately harsh and can, therefore, be classified as cruel and unusual punishment. This decision builds upon the 2005 Supreme Court ruling that renders the death penalty unconstitutional for minors. The Supreme Court supports its decision by arguing that minors are less culpable than adults because they are still developing. Consequently, it is impossible to determine whether or not a minor has the potential to successfully function in society later in life. By sentencing a minor to life imprisonment, the court would be denying the young person the right to prove his ability to contribute to society once he has “demonstrate[ed] that he is fit to rejoin society.” This decision, however, does not require states to release juveniles who have previously been sentenced to life imprisonment, but rather, mandates that states must allow these individuals the opportunity to obtain release based on maturity, growth, and good behavior.

Zoë Clements is a student at Tulane University. She can be reached by email at zclement@tulane.edu.

Filibuster for New Supreme Court Nominee Not Likely

May 19th, 2010 | Posted in Legislation, National Issues by bloom | No Comments »

Elena Kagan, President Obama’s nominee to take the retiring Justice John Paul Stevens’ seat on the Supreme Court, is unlikely to face a filibuster from the Republican Party. However, many Senate republicans have said she will face a myriad of difficult questions before she can be confirmed. Arizona Senator Jon Kyl (R) agreed: “The filibuster should be relegated to the extreme circumstances and I don’t think Elena Kagan represents that.”

Kagan will face questions regarding three main issues. The first is her lack of any judicial experience. She currently serves as the solicitor general, the top government lawyer that argues the administration’s cases before the Supreme Court. She also served as the Dean of Harvard Law, the nation’s most prestigious law school. Her previous employment, while high profile, leave her with very little judicial paper trail compared to candidates that come from the bench and will place a high value on how she testifies before the Senate Judicial Committee.

The second major issue is her stance on the “enemy combatant” label given to terror suspects which is largely unclear. This opinion will be of extreme importance, as more “terrorist” trials will be conducted in the United States in the future.

Finally, her opinions on the “Don’t Ask, Don’t Tell” policy in the U.S. Army are another major issue. During her tenure as Dean of the Law School, Harvard banned military recruiters from campus over the policy existing. It is also rumored that Kagan called for this policy due to a “deep personal belief” that the ban is wrong.

Nonetheless, the chairman of the Senate Judiciary Committee, Sen. Patrick Leahy (D- Vermont) hopes to have Kagan as a Justice by the summer before a new session begins in October. He believes that this is roughly in line for the timetable followed for Chief Justice Roberts and Justice Sotomayor.

Motorcycle Safety a Concern In Louisiana

May 18th, 2010 | Posted in Local Issues by bloom | No Comments »

A report released by the Governors’ Highway Safety Association last week has drawn attention to what seems to be a growing problem in Louisiana: motorcycle safety. The state’s motorcycle related deaths increased by 28 percent this year to 104 deaths from the 81 in 2008. However, this number is made all the more disturbing by the fact that, nationally, deadly crashes decreased by 10 percent with motorcycle fatalities dropping from 5,290 in 2008 to 4762 in 2009.

Economists and experts have offered many explanations for the decline in motorcyclist deaths nationally. Some include less motorcycle use due to the economic downturn, fewer beginning motorcyclists on the road, increased state efforts on motorcycle safety and poor cycling weather in some areas.

Some reasons for Louisiana’s increase have been discussed and the temporary absence of a motorcycle safety program offered by the state for six months is seen as a major factor. The program was shut down while it was moved from the Department of Education to the Department of Public Safety. These classes, while not required to receive a motorcycle endorsement on your driving license, are attended by roughly 2,000 people each year. Other factors for the state’s jump in road deaths is an increase in the number of alcohol related deaths as well as a longer riding season due to the state’s temperate climate.

Legislative Bill Fails To Tighten Belts

May 17th, 2010 | Posted in Legislation by bloom | No Comments »

The House Committee on the Administration of Criminal Justice involuntarily deferred House Bill 103 last week. The rejected bill would have criminalized exposing undergarments and the “cleft of the buttocks.” The legislation wanted to target teenagers who often wear loose fitting pants that expose the boxer shorts they are wearing.

Bill 103 was rejected though due to fears that the bill would be applied to everyone and that it could affect tourism and business in the state. State Representative Barbara Norton (D- Shreveport) also stated that she did not want to return to her constituencies having focused on underwear rather than serious problems facing the state such as health care, education and jobs. She also argued that this should be a matter of parental decision-making not law enforcement.

Rickey Hardy (D-Lafayette), the bill’s sponsor, sees the matter in a significantly more serious light, stating that he is “disgusted” at the sight of people’s underwear in public. Furthermore, Hardy claimed that he believed that this style of dress was gang related and could be a danger to the public.

Ultimately, the Committee sided with the logic of State Rep. Charmaine Stiaes (D-New Orleans), who stated, “It’s an expression of a generation. Generations come and go. Styles come and go.”

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