Law and Magic Blog

Minnesota Teen Finishes Chemo Treatments, Is Doing Well

Daniel Hauser, the Minnesota teenager who left the state in May accompanied by his mother rather than undergo court-ordered chemotherapy, preferring a course of alternative medicine, then returned, has finished his radiation treatments, and is doing well, according to his physicians and his family. His parents believe that alternative medical treatments have also helped him. Read more here in an article dated September 4, 2009, from the Minneapolis Star-Tribune.

Neumanns Sentenced To Six Months In Death of Daughter

A Wisconsin judge has sentenced Dale and Leilani Neumann, convicted earlier this year of reckless homicide in the death of their daughter Madeline (Kara) to six months in jail each, to be served over a period of six years, and additional years of probation. Instead of taking Kara to a physician, the Neumanns prayed for her recovery when she fell ill. Kara died of complications from diabetes; health professionals said she could easily have been treated. The Neumanns will each serve a different month in jail per year, so that they can care for their other children, and the judge is requiring that a nurse examine the children regularly. He stayed the sentences pending appeal. Read more here. The Neumanns' attorney indicated that the couple does plan to appeal.

Magic Words In the "No Child Left Behind Act of 2001"

Dick Schutz, President, 3RsPlus, Inc., has published "The 'New Science of Reading' is Pseudo-Science." Here is the abstract.

The "No Child Left Behind Act of 2001" legislated the "New Science of Reading" as consisting of five elements: Phonemic awareness, Phonics, Vocabulary, Comprehension, and Fluency. The article examines the record and submits that the scientific status of the elements is akin to that of Earth, Air, Water, Fire, and Phlogiston.

Download the paper from SSRN here.

Harry Potter's Mom's Birthday

Happy Birthday to J. K. Rowling, born July 31, 1965.

So, why do we celebrate birthdays? And what's the deal with the law of birthdays? Well, of course, the date of one's birth matters for things such as when one is allowed to drive, and get married, and disavow contracts, and be tried as an adult, and BTW start school. If you're not automatically a certain age, I understand, you can't start kindergarten or first grade--you have to wait under the next year--or be certified by the school psychologist as "mature enough" to enter with the cohort roughly the same age as you. Hence, the sitcom episodes about "being held back" and "being nearly a year older than the rest of the kids in the class." This is rough when one is young and can't go to school with one's friends. It used to be done routinely when I was in elementary school. I gather it is not done so routinely now.

Once young people turn 18, they're adults, and their grades, medical records and in some cases insurance become their concern.

Ah, the magic of being a certain age--on a particular day and year. On the day before, you are not legally permitted to drive or drink or go to war and kill (legally) because your country wants you to do so. And on that day, you are.

Here's a post from the Volokh Conspiracy on the law of birthdays.

One Trial Over Faith Healing Ends, Another Begins

Two days after an Oregon jury found a father guilty of a misdemeanor for failing to seek medical treatment in the death of his fifteen month old daughter, a Wisconsin father goes on trial on similar and more serious charges. Dale Neumann faces trial for reckless homicide in the death of his daughter Madeline (Kara) Neumann. He and his wife Leilani failed to seek conventional medical treatment for Kara, relying instead on faith healing. Leilani was convicted of the charges earlier this year and could be sentenced to 25 years in prison.

The Oregon couple, Carl and Raylene Worthington, were acquitted of manslaughter charges, but the jury found Carl guilty of the misdemeanor charge.

News Flash: BigFoot Not Sighted In Connecticut

Pity the poor driver in Fairfield, Connecticut, who encountered "an 8-foot-tall creature with a large body and 'legs like tree trunks' " last Tuesday. She almost smacked right into it. I would have reacted the same way, I think.  Raccoons with no sense of direction and hitchhiking poodles on their way to the mall are bad enough. Who expects to encounter something like that in the road, especially at 10:30 at night? But the driver did something clever: she used her high beams and "the creature covered its face and ran into the woods." Scaredy BigFoot!

Well, Scaredy BigFoot turned out to be a teenager in a "gorilla-like costume," said the police. Pseudo BigFoot! In any case, the police captured and delivered PseudoBigFoot, gorilla garb and all, into the custody of his parents. The parents are probably happy no one got hurt and may be contemplating keeping an eye on his sneakered feet indefinitely.

Smart driver, smart cops, smart parents, and a teenager enjoying the first weeks of vacation. Ah, summer.

Church Members Try To Exorcise Teen's "Gay Demon"

CNN's Ali Velshi discusses this clip showing Bridgeport, Connecticut's Manifested Glory Ministries Church members attempting to exorcise the demons of homosexuality from a teenager. The pastor explains the actions of the members to Mr. Velshi, claiming that they are not anti-gay, but believe that gays are possessed by "spirits", as are alcoholics, for example. "Everything carries a spirit," she says. The teen in the video has been identified as 16 years old. According to CNN, a youth advocate who has worked with him says "she doesn't think the church acted maliciously -- but that's part of her problem with the video. "None of the people in this video were intending to hurt this kid," she said. "They performed this ritual in an attempt to rid him of feelings that he didn't want to have." She also said he is the fifth teenager who has tried such radical measures to deal with conflicting feelings, although not all the teens asked religious organizations to assist them. During the CNN interview, the pastor says the teen is "doing much better." Here's reaction from viewers.

Six-Year-Old Says Mother Set Fire To Her During Voodoo Ceremony

Prosecutors say a mother set her 6 year old on fire during a voodoo ceremony intended to drive out evil spirits. The girl's mother and grandmother didn't take her to the hospital until the next day, February 5th, according to the D.A. She remained in the hospital for nearly two months. The mother says the girl was burned accidentally while the mother was cooking. The girl is now in foster care, and apparently told her foster family about the incident; they reported it to law enforcement.

The Value of Magic Tricks

Richard Wiseman on the value of magic tricks in education: they teach children self-esteem, confidence, and citizenship. Read more here.

Teen, Mom, Return Home; Judge Will Make Decision On Treatment Tomorrow

Daniel Hauser and his mother have returned to Minnesota and he is set to go before a judge tomorrow, who will make a decision regarding his medical treatment. The pair returned home courtesy of a chartered aircraft yesterday morning, and the judge has revoked the arrest warrant for Mrs. Hauser. Read more about the Internet church that the Hausers follow here.