Government and its agents (police and district attorneys) have no legal duty to protect; they cannot be held liable for failing to protect. The Problem? They have no legal duty to disclose this. Even worse, there is no evidence that the general population knows of it. See Warren vs. District of Columbia; DeShaney vs. Winnebago County Department of Social Services; Stone vs. N.C. Department of Labor; Castle Rock vs. Gonzales, just to name a few.
Monday, January 18, 2010
Friday, January 15, 2010
The Public Duty Doctrine.63: Sovereign Immunity
Wikipedia does a pretty good job on this issue. Consider the international implications, as follows:
http://en.wikipedia.org/wiki/Sovereign_immunity
http://en.wikipedia.org/wiki/Sovereign_immunity
PDD.62: 9-11 & Sovereign Immunity
Survivors sued Saudi Arabia for their involvement with 9-11.
Consider the following: http://rawstory.com/08/news/2009/06/29/supreme-court-quashes-911-lawsuit-against-saudis/
Consider the following: http://rawstory.com/08/news/2009/06/29/supreme-court-quashes-911-lawsuit-against-saudis/
The Public Duty Doctrine.61: Christmas Day Bomber
What if the Christmas Day Bomber, who was from Nigeria, was successful in setting off that bomb? What if it could be proven that government officials in Nigeria were aware of the plot and did nothing to stop it? How far do you think you'd get in finding justice?
Consider this: http://www.dawodu.com/ijalaiye1.htm
Consider this: http://www.dawodu.com/ijalaiye1.htm
PDD.60: Canada's Sovereign Immunity
Consider the case of this Canadian lawyer and put yourself in his shoes.http://www.lawyersweekly.ca/index.php?sectionarticle&articleid=824
Thursday, January 14, 2010
PDD.59: Women Of The 21st Century
The New York Times Magazine, dated August 23, 2009, was devoted primarily to women's issues, globally. I had six daughters. I have a vested interest in this subject.
One of its articles was entitled, "The Women's Crusade," co-authored by Nicholas D. Kristof and Sheryl WuDunn. The article opens with, "In the 19th Century, the paramount moral challenge was slavery. In the 20th century, it was totalitarianism. In this century, it is the brutality inflicted on so many women and girls around the globe: sex trafficking, acid attacks, bride burnings and mass rape."
All the articles are indepth, comprehensive, and heartwrenching.
I believe that American women will lead the way in changing the plight of women globally. And at the same time I'm going to level an accusation against those same American women, and that is: If American women fail to recognize (at least in the U.S.) that government and its agents have no legal duty to protect, they will export unrealistic expectations to impoverished and tortured women abroad. American women need to deal with this issue here and now, openly, consider their options under the circumstances, and proceed as role models for the rest of the world. Until then, their efforts will be fruitless.
I have not done extensive research on similar laws around the world. But you can bet that the rest of the world's governments will emulate the U.S. regarding failure to protect and sovereign immunity issues.
By the way, the above The New York Times Magazine issue did not mention, either specifically or generally, The Public Duty Doctrine in the U.S. or similar laws around the world.
One of its articles was entitled, "The Women's Crusade," co-authored by Nicholas D. Kristof and Sheryl WuDunn. The article opens with, "In the 19th Century, the paramount moral challenge was slavery. In the 20th century, it was totalitarianism. In this century, it is the brutality inflicted on so many women and girls around the globe: sex trafficking, acid attacks, bride burnings and mass rape."
All the articles are indepth, comprehensive, and heartwrenching.
I believe that American women will lead the way in changing the plight of women globally. And at the same time I'm going to level an accusation against those same American women, and that is: If American women fail to recognize (at least in the U.S.) that government and its agents have no legal duty to protect, they will export unrealistic expectations to impoverished and tortured women abroad. American women need to deal with this issue here and now, openly, consider their options under the circumstances, and proceed as role models for the rest of the world. Until then, their efforts will be fruitless.
I have not done extensive research on similar laws around the world. But you can bet that the rest of the world's governments will emulate the U.S. regarding failure to protect and sovereign immunity issues.
By the way, the above The New York Times Magazine issue did not mention, either specifically or generally, The Public Duty Doctrine in the U.S. or similar laws around the world.
Friday, January 8, 2010
The Public Duty Doctrine.58: Due Diligence
Why should we educate ourselves about The Public Duty Doctrine? Because when we cry foul to the criminal justice system's failure to protect, the system usually responds with: We had no legal duty to protect in the first place; and, if you gave the subject due diligence, you would have known the criminal justice system does not protect. Therefore, ignorance is no excuse.
Due diligence means you investigate first before you commit, you look before you leap.
Consider the attached: http://en.wikipedia.org/wiki/Due_diligence
Due diligence means you investigate first before you commit, you look before you leap.
Consider the attached: http://en.wikipedia.org/wiki/Due_diligence
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