It appears that the issue of whether a private right of action exists for businesses which employ illegal labor is still undecided after the United States Supreme Court remanded the Mohawk Industries, Inc. v. Shirley Williams to the 11^th Circuit for further consideration in light of the ruling in Anza v. Ideal Steel Supply Corporation which was remanded on the same day from the Supreme Court to the Second Circuit. The language of the Anza case leads me to believe that a RICO action cannot be maintained against a business which competes unfairly using illegal labor unless proximate causation can be proven which, in the words of the Supreme Court, may be tenuous. Thus, it appears that  we need direct, specific legislation to address this issue other than RICO such as the Unfair Competition and Labor Act that  I have proposed.

I have followed the Duke Lacrosse Players’ case since the inception and it is clear to me that the D.A. has abused the system and the easy indictment process by indicting these young players so quickly. According to reports that I have heard in the media, the discovery that he handed over to the defense contained statements the “alleged victim” made to the police which were inconsistent and even said that no rape occurred. I have practiced criminal law for over ten years and I not seen a prosecutor this reckless. It was clear from his statements in  court hearing last week that there was evidence that he had not reviewed. Despite the fact that apparently this “alleged victim” has falsely charged people in the past, her statements are inconsistent with respect to the alleged rape, the forensic tests such as DNA do not corroborate her story, and she is stripper, this district attorney has proceeded  with the worst rape prosecution that I have ever seen or heard of. Not only does the “alleged victim’s” story not pass muster, this D.A. must be an absolute idiot!!! These young men at Duke need to get this case dismissed and then sue this overzealous, insipid district attorney for malicious prosecution and take away some of his peace and dignity. In fact, he deserves jail time for his reckless prosecution of these boys and as we say in the South “  a good ass-whipping!!!”  This is an abuse of process and some action should be taken against D.A. Mike Nifong!!!   

GALLATIN PRINCIPAL LASSITER IS NO ROLE MODEL  The principal of Gallatin High School, Rufus Lassiter, has charged the valedictorian of the 2006 Gallatin High School graduating class, Chris Linzy, with disorderly conduct and withheld his diploma. This is one of the most abusive actions I have ever heard of by a school administrator.

Tennessee law defines “disorderly conduct” at Tenn. Code Annotated section 39-17-305 which states as follows: “Disorderly Conduct—-

(a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm: 

(1)   Engages in fighting or in violent or threatening behavior; 

(2)    Refuses to obey an official order to disperse  issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or 

(3)   Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose. 

(b) A person also violates this section who makes unreasonable noise which prevents others from carrying on lawful activities. 

© A violation of this section is a Class C misdemeanor. 

The valedictorian did not violate this statute in my opinion. This is clearly the actions of an abusive school principal. It is easy to take a warrant out on someone. This case should be dismissed and the Court should order that the bonehead principal at Gallatin apologize to Mr. Linzy in public.