Valley Police Beat: More information released on high-speed chase Aug 5, 2010
AikiMIke wrote on Aug 1, 2010 12:24 PM:" Parolee,in the most simplistic terms, the answer to your question is yes, you can be shot for holding a weapon. It is far more complex than that though and deals with the totality of the circumstances. You and I have both contributed to these recent blogs and I won't bore you further with a detailed discussion of the 14th Amendment, controlling case law or statute yet again. I will tell you that if you are armed with a weapon when confronted by a police... (El Centro Imperial Valley Press, CA)
Case dismissed! Aug 4, 2010
However, the court also found that Lunn and Vicini were also entitled to qualified immunity, writing ;There is no case law. that demonstrates that Purvis;s constitutional rights would have been violated by reporting her to a body that would perform an independent investigation. (Princeton Bureau County Republican, IL)
Barone: Voters Want the Government on a Diet Aug 3, 2010
There is no case law to support the contention that the government can mandate citizens participate in commercial transactions. To illustrate how idiotic the logic behind the mandate is, I point you to Hal, who told me yesterday that insurance premiums are a form of taxation. (Townhall.com)
Student fees persist despite law Aug 3, 2010
State Constitution says schools must be free; San Diego Unified attorney agrees. By , UNION-TRIBUNE STAFF WRITER. (San Diego Union-Tribune)
Writing Argumentative Essays Using ... Aug 1, 2010
Writing Argumentative Essays Using Australian Legal Referencing. Writing Argumentative Essays Using Australian Legal Referencing. (Suite101.com)
Saying Goodbye: BPD K-9 drug dog dies Aug 1, 2010
" 357magnum wrote on Jul 30, 2010 1:51 PM:" hunter - I meant "doper" not "dopey' - dang iPhones. Either could be used to describe those transporting or using drugs.Your response to the Supreme Court and case law backing me up is basically a "tap out" on your part. I'm glad we agree that case law confirms you are wrong when calling a K9 sniff unconstitutional. " ... hunter28 wrote on Jul 30, 2010 4:29 PM:" 357, there was no agreement. I pointed out the facts of that one particular case which... (Bartlesville Examiner-Enterprise, OK)
The BP Mess: Judging Judges' Impartiality Aug 1, 2010
Judges must remain "partial" to some influences, therefore, like the case law, and controlling statutes, and perhaps even basic standards of decency and morality, too. As The New York Times recently cited, former Chief Justice William Rehnquist's view on recusal was that if a justice's mind was "a complete tabula rasa" in relevant respects, it "would be evidence of lack of qualification, not lack of bias.". (Law.com)
Another Day, Another Federal Assault on Liberty Aug 1, 2010
Note that nothing in the actual Constitution or case law justifies such an extrapolation of pre-emption doctrine. But such trifles don't impede an administration and court determined to keep the immigration floodgates open at any cost. (Human Events Online)
Insurer Ordered to Defend 'Sturgeon King' Against Odor Allegations Aug 1, 2010
"This fact pattern qualifies as an 'accident' as that term is defined in New York case law because, even if the generation of odors was expected or intended in operating the restaurant, the alleged loss was 'unexpected, unusual [and] unforeseen' from the insured's point of view.". The underlying litigation, now in state Civil Court, was brought by Bohn, an attorney who owned a cooperative apartment in the same building at 176 W. 87th St. where Barney Greengrass Inc. is a commercial subtenant. (Law.com)
An argument for the Flat Tax Jul 30, 2010
What s right or wrong hinges more on recent case law whether Napster or the recording industry won, for example. When trying to determine whether a course of action is good for the soul or the community of which we re a part, it s more What did the Supreme Court recently say. (Human Events Online)
Pa. Court Imposes Corporate Liability Upon Nursing Homes Jul 28, 2010
Highland field a cross-appeal, arguing that appellate case law did not extend corporate liability to nursing homes, no case law allowed corporate negligence claims to be based on allegations of understaffing and a retrial was necessary because the verdict was prejudiced by misleading testimony and evidence. In addressing the claims, Bowes cited a string of cases related to corporate liability claims in the health care industry. (Law.com)
Longoria bids El Centro Police Department farewell Jul 27, 2010
Longoria, a 51-year-old native of El Centro and graduate of Central Union High School, retired with the rank of commander, and took time to tell of the many changes that have taken root during the three decades he was with the ECPD. Technological advances and the burgeoning number of case law that officers have to know about to meet the demands of day-to-day police work are just some of what has changed since Longoria first donned a police uniform, he said. Longoria recalled that when he first... (El Centro Imperial Valley Press, CA)
8 Comments Jul 27, 2010
We have a couple of hundred years of case law in America that relates to marriage, not so much with civil unions. stchrisb. (Salon)
Adolescents' Facebook Posts Found to Be 'Puerile' but Not Actionable Jul 24, 2010
Judge also dismissed a negligent-supervision claim against parents, saying a computer does not constitute, as required by N.Y. case law, a 'dangerous instrument ... The judge also dismissed a negligent-supervision claim against the teenagers' parents, saying that a computer does not constitute, as required by New York case law, a "dangerous instrument.". (Law.com)
Travelin Music from out on Texas Highway 61 Jul 24, 2010
You know, all the case law we needed to know about suspect rights, probable cause, search warrants, etc. etc. (Atlanta Journal-Constitution -- Opinion)
Pa. Supreme Court Refuses to Reconsider HRT Case Jul 23, 2010
Despite a plaintiff's argument that upholding the dismissal of the first hormone replacement therapy tort case to reach Pennsylvania's highest court conflicts with succeeding case law in Pennsylvania's HRT litigation, the state Supreme Court is leaving intact a judgment notwithstanding the verdict in favor of drugmaker Wyeth. A per curiam order was entered by the Supreme Court last month in response to the plaintiff's petition for reconsideration in Nelson v. Wyeth. (Law.com)
Mayors race in turmoil Jul 22, 2010
In his ruling, Knight said case law has allowed exceptions, thus denying the peitition. Easterling said he plans no further action at this time. (Bogalusa Daily News, LA)
Judiciary panel oks Elena Kagan for Supreme Court Jul 21, 2010
" But, the Ninth Circuit ruling was clearly contrary to prevailing Supreme Court case law on deference to military policy, as Ms. Kagan herself described that case law at her Solicitor General confirmation hearing. There was no need for a "fuller record" to establish that fact. And there is no question that Ms. Kagan personally knew the damage it would cause to the military's interests if the Witt case was allowed to go to trial. According to the plaintiff's lawyers from the ACLU, they were... (WSFA.com, AL)
Get over it, Republicans: Al Franken won Jul 20, 2010
She insisted she wouldn't, but that she'd follow case law and precedent and the Constitution. And then Graham got philosophical again. (Salon)
Years and marriages later, they still pay Jul 18, 2010
Massachusetts probate judges have relied largely on case law and generally consider any marriage of more than 20 years a long-term marriage that merits lifetime alimony, or payments until the recipient remarries. But often marriages of much shorter duration such as Niro s also result in lifetime payments. (Boston Globe)
Campaign Spending: Florida GOP Candidate Wins a Ruling Against Rich Opponent Jul 17, 2010
That's one reason, says Tara Malloy, associate counsel at the non-profit Campaign Legal Center in Washington, D.C., that it's unsettling to watch "the sea change in case law we're witnessing now." Provisions like matching funds triggers, she says, are important to keeping the nation's campaign finance system honest, "because they provide some assurance that poorer or less well-heeled candidates can at least be competitive." Campaign watchdog groups like Malloy's also feel the courts are... (Time.com)
Berkshire Hathaway unit to buy CNA's asbestos, pollution liabilities for $2 billion Jul 16, 2010
In its annual report, CNA said it incurred $155 million of additional asbestos and environmental pollution exposure in 2009, citing larger claims, increased trial activity and changes in case law. It said trends might worsen because lawyers who once sued companies that are now bankrupt seek out other targets, while court rulings on pollution claims have been "inconsistent.". (Crain's Chicago Business)
Al Franken, D-Minn. Jul 15, 2010
" Graham then asked Sotomayor about gun control, and whether she would use her personal views to decide whether the Second Amendment binds the states or not (a running theme for GOP members of the panel). She insisted she wouldn't, but that she'd follow case law and precedent and the Constitution. And then Graham got philosophical again. I do believe, at the end of the day, you're not going to find a law book that tells you whether or not a fundamental right exists vis-a-vis the Second... (Salon)
Cape Wind work draws interest Jul 13, 2010
In its Friday filing, Cape Wind also argued that giving Coakley the data she seeks would be inconsistent with department precedent, as well as federal and state supreme court case law. The filing includes letters of support from a division of the Spanish firm ; Energy Inc., which has an agreement to provide the turbines for Cape Wind; the insurance advisory firm Willis of Massachusetts Inc. that is hoping to become Cape Wind s insurance broker; and a joint venture called Kiewit/Weeks/Cashman... (Boston Globe)
Obama’s moral inversion on issue is sickening Jul 13, 2010
Obama s moral inversion on issue is sickening - The Boston Globe. Local Search Site Search. (Boston Globe -- Editorial)
Constables suit moves forward Jul 11, 2010
Prosecutor Kimberly Dale argued that no Arkansas statute, nothing in case law and nothing in the Arkansas Constitution compels the county to reimburse township officers. Fogelman also dismissed the Greene County Quorum Court as defendants in the law suit, agreeing with the prosecutors office that the law suit should have named each of the 11 quorum court members individually as defendants rather than collectively as the Greene County Quorum Court. (Paragould Daily Press, AR)
Local attorney is not surprised by lawsuit Jul 11, 2010
Armstrong, from a position of familiarity with the case law, stated North Carolina s charter school statute has been the subject of a great deal of litigation and KIPP s suit seems to be another move consistent with what charter schools have been doing ... Armstrong added the situation is even more complicated by the ever-changing nature of the charter statute and the case law. (Roanoke Rapids Daily Herald, NC)
Love's attorney: dismissal probable Jul 9, 2010
"I don't think the solicitor is necessarily going to run with the police department's recommendation if we supply the relevant case law," the attorney said. Originally published in the Athens Banner-Herald on Friday, July 09, 2010. (Athens Banner-Herald)
Southern Belle Jul 8, 2010
The Itawamba School Board's decision to cancel the prom was stunningly ill-conceived, given the mounting stack of Southern case law defending the constitutional rights of gay students. In an almost identical last year, the school backed down rather than face litigation. (Slate)
AP Top News at 5:05 a.m. EDT Jul 6, 2010
LOS ANGELES (AP) Leslie Van Houten, the one-time Charles Manson follower long seen as the most likely of his ex-acolytes to win freedom someday, faces her 19th parole hearing on Tuesday with a new lawyer and new case law which may give her the best chance yet for release. Even if there is a finding of suitability for parole at the hearing, freedom would not be immediate. (FOX61, CT)
Charges undecided in Wash. hunting bow case Jul 6, 2010
Cowlitz County prosecutor Sue Baur says she's been studying related case law but has yet to determine what, if any, charges to file against Scott Allen Schwingdorf of Kelso. According to police, Schwingdorf armed himself with a hunting bow after he spotted Galen Louis Crayne prowling around a neighbor's vacant property Dec. 13. (San Francisco Chronicle -- Science)
Click to read: Gulf Coast Deserted for July Fourth Weekend Jul 4, 2010
Let us apply the following case law to determine that. The Solomon Case. (CBS News -- Politics)
Sunday conversation with ... Joe Barry Carroll, former NBA center Jul 4, 2010
A: We have an opportunity to build some case law that provides a bit of justice for other people in this situation, because people are no longer blatant in their behavior. They have all these sophisticated techniques that they will use to do what they could not achieve in a very vulgar and blatant way. (Atlanta Journal-Constitution -- Metro)
Fraud a risk in frequent debit-card transactions Jul 4, 2010
With a credit card, your legal liability for unauthorized use is capped at $50 but again, prompt reporting is key because there is case law where consumers can be on the hook for more. "Consumers are not liable for unauthorized transactions so long as they report lost or stolen cards and unauthorized transactions promptly," said Nessa Feddis, vice president and senior counsel for the American Bankers Association. (Republican-American)
Hatch to vote against Kagan's nomination Jul 3, 2010
She earned good reviews for her knowledge of case law, her composure during questioning and humorous one-liners that added some comic relief to days of testimony full of legal terms and complicated cases. . (TheHill.com)
Elena Kagan Hearings: Were They Worthwhile? Jul 3, 2010
She said that senators failed to engage in substantive discussions and that nominees should comment on everything from judicial methodology to controversial legal issues and prior case law. Not surprisingly, at her own hearings, she backtracked from her earlier criticism, noting that the issue looked a lot different from the perspective of a nominee. (ABC News)
- The meaning of saving life Jul 3, 2010
The Mental Capacity Act, by contrast, codifies ideals that have gradually been emerging in case law, he said. These ideals invoke the very grand principle that a person has the absolute right to refuse medical treatment as long as they have the mental capacity to make that decision. (Taipei Times, Taiwan -- Business)
Kagan's Top Ten Jul 2, 2010
Again, ask question on the text of the Constitution itself, rather than case law. Nam65-66 Wrote: 7/1/2010 5:23:11 AM Chill out. (Townhall.com)
Greg's Greg-alogue Jul 2, 2010
And because this is so boring, we tune out, which is what case law is meant to do. It's not to protect us, but to overcomplicate things so we just shrug and say whatever. (Fox News)
Kagan takes on GOP critics Jul 1, 2010
Overall, Kagan came across as confident and assertive, gesturing with her hands as she spoke and referring easily to case law when making points. She repeatedly assured the senators that she would be an impartial judge, saying her past political work was required of her government jobs. (CNN)
Latest gun ruling a case of conservative judicial activism Jun 29, 2010
The fact dissenting opinions cite case law does not make it ideological, just a different opinion. Which is what these decisions are opinions. (Atlanta Journal-Constitution -- Opinion)
Second Amendment Affirmed Jun 29, 2010
Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States. The good news is that any provision of the Bill of Rights which is fully applicable to the States is, by the very language of the 10th Amendment, fully applicable to the people. (Human Events Online)
Kagan Needs to Answer Tough Questions Jun 28, 2010
A nominee, as I have indicated before, usually can comment on judicial methodology, on prior case law, on hypothetical cases, on general issues like affirmative action or abortion. Kagan should take her own advice and speak on the subject of abortion, as well as the many troubling issues in her record. (Human Events Online)
- Judgment in case involving ex-Holtville city worker reversed on appeal (3) Jun 28, 2010
myview wrote on Jun 27, 2010 10:08 AM:" This is actually very good case law for employers. Employees must want to work if they want to be accommodated. They can't expect a 'free ride'. I'm glad the courts agree. ". ProIV wrote on Jun 27, 2010 10:01 AM:" I dont think the on the job injury and subsequent surgery was of any surprise to City Hall. Personally, I think the City should have acted in good faith and accommodated the injuried employee on their own as a sign of good will. Or is that too... (El Centro Imperial Valley Press, CA)
Suits against BP list chief of universities Jun 23, 2010
"The case law is very strong that directors, if they don't have a conflict of interest and they exercise business judgment rules, then they get swept out of lawsuits," said Ide, who has been sued as a director of the two boards he sits on. Directors don't operate oil rigs or personally make most of the decisions that lead to the average lawsuit, he said, even members of the safety and environmental assurance committees. (Athens Banner-Herald)
The Liberal Mythology of the "Activist" Supreme Court Jun 23, 2010
Thomas Wrote: 6/16/2010 8:33:09 AM This is just another reason to stop teaching case law in our school system. The case law only leads to subjective decisions based on previous subjective decisions ... Case law only takes us further from the constitutional roots. (Townhall.com)
Scholar calls for a new legal, ethical framework for research with human tissue specimens Jun 22, 2010
Many in the legal and scientific arenas say this is because federal and case law have fallen behind modern research demands and techniques. The federal human subject protection law known as the "Common Rule" requires informed consent be obtained from participants in all federally funded research, and that includes tissue research. (EurekAlert!)
Assessing the Changing World of Civil Procedure Post-'Twombly,' 'Iqbal' Jun 19, 2010
Additionally, Sands said, until a body of case law can be developed, there's little to guide the trial court on which cases should be dismissed. " Judge Diane Sykes of the 7th U.S. Circuit Court of Appeals said she could understand the "alarm" of plaintiffs attorneys who may feel their clients face a higher threshold before they can file a complaint. But she went on to say that "eventually a body of case law will be developed to tell courts how heavy handed this standard needs to be. (Law.com)
Law Firm Letterhead Can Imply Threat, Magistrate Rules Jun 18, 2010
In court papers, Kay's lawyer, Joann Needleman of Maurice & Needleman in Philadelphia, argued that Lesher's lawyers were making too much of the use of law firm letterhead and ignored significant case law that instructs judges to consider the entire communication ... But Smyser found that case law from the 3rd Circuit says a debt collection letter is deceptive where it can be reasonably read to have two or more different meanings, one of which is inaccurate. (Law.com)
Hawks fans: Two week notice Jun 18, 2010
The average person doesn t care or know if your argument is based on stunningly, insightful case law or the fact that your opposition is an idiot. . (Atlanta Journal-Constitution -- Sports)
Where's the Evidence? Judge Asks Proposition 8 Supporters Jun 17, 2010
"Your honor, you don't have to have evidence of this from the authorities," Cooper said, adding that case law is enough ... From the beginning, Cooper and other conservative legal thinkers argued against the need for a trial, saying case law alone dooms the complaint to fail. (Law.com)
SB 1070 could clog up courts, experts warn Jun 11, 2010
It could take years' worth of case law, following complaints and challenges, to fine-tune some of the law's more ambiguous and legally onerous provisions, said Maria V. Jones, chairwoman of the Bar's Immigration Law Section and owner of the Law Offices of Maria V. Jones in Phoenix. "We already have a backlog of cases," Jones said. (AZCentral -- Business)
- Europe hails UK torture inquiry Jun 11, 2010
The positive obligation of states to conduct effective investigations into arguable claims of torture and other ill-treatment is firmly established in the case law of Strasbourg court. . (Taipei Times, Taiwan -- Business)
- INKED! Can Westboro do whatever it wants or not? (1) Jun 11, 2010
This is one of those situations where most people, no matter what side of the political spectrum they fall on, would have a hard time shedding a tear if Westboro s hateful protests and sloganeering at military funerals was ended by the Supreme Court, but there is cause and case law to say it won t be. Either way, 99. (El Centro Imperial Valley Press, CA)
Paterson inserts cuts into spending bills Jun 3, 2010
Case law has made them almost impossible to amend so they amount to all-or-nothing votes for legislators. Rejection of an emergency spending plan would risk shutting down state government. (Albany Business Review, NY)
Much Ado About Muffins in Key IP Case at 3rd Circuit Jun 3, 2010
The "virtual impossibility" standard she describes, Banks says, is "not only an inaccurate interpretation of the relevant case law but also fails under its own weight." Under Pennsylvania law, Banks argues, it is well-settled that an injunction may issue where a misappropriation of trade secrets is threatened. Banks urged the judges to focus on Surrick's discussion of the evidence of Botticella's industrial espionage. (Law.com)
I Read the Candidates' Books ... so You Won't Have To May 31, 2010
"The decisions that were hailed as brilliant frequently had, to my way of thinking, nothing to do with justice and everything to do with legal constraints predetermined by other case law." She dropped out. Her father, who became a conservative judge on the liberal Ninth Circuit Court of Appeals, told her, "I'm not sure you'll ever amount to anything.". (Townhall.com)
Transocean Liability Cap Request Is `Unconscionable,' U.S. Government Says May 30, 2010
We also ask that, should you decline our offer of a prompt and amicable resolution of these concerns, you provide in your letter whatever case law and arguments, if any, you believe might support your position, West wrote. Executives of BP, Transocean and. (Bloomberg -- Europe)
Real Estate Restructuring Work Proving a Boon to Firms May 29, 2010
"Workouts are just a tremendous growth area, and it's going to continue. You're going to see a lot of case law being developed from these issues, such as the decisions in the General Growth case that showed ," Miller says. Richard Fries, a partner who leads the commercial real estate and distressed loan restructuring team at , says that a specialized distressed property practice at many firms is here to stay, in contrast to the end of the last down cycle, when restructuring work seemed to fade... (Law.com)
Paterson's furlough plan in court May 27, 2010
Legislators reluctantly approved the by way of approving the emergency spending plan, which case law has established as an all-or-nothing vote. Kahn, however, issued an order two days later with the furlough, pending today s hearing. (Albany Business Review, NY)
Censorship effort must be overturned May 25, 2010
We can only conclude that Judge Arnold didn't review any of the case law on prior restraint -- which dates back nearly 80 years -- before he made his ruling. In the landmark Pentagon Papers case in 1971, the Nixon administration sought to enjoin the New York Times and Washington Post from publishing excerpts of a top-secret Department of Defense history of U.S. involvement in Vietnam from 1945 to 1971. (Casper Star-Tribune, WY)
The Gulf Oil Disaster: Who's Liable, and for How Much? May 25, 2010
You'll see a lot of controversy about this, and some will argue that it's unconstitutional, but it's quite clear in the case law that courts are comfortable with retroactive laws like this. Now, we don't know with certainty what this Supreme Court might do, but we have a long trail of precedent that says a retroactive law like this usually survives when it imposes economic responsibility after the fact. (Time.com)
Brats no martyrs for freedom May 24, 2010
He cited case law that is almost as old as I am -- Tinker v Des Moines Independent Community School District (1969). In that case, which involved high school and junior high school students who wore black armbands to protest the Vietnam War and were suspended as a result, the Supreme Court ruled in favor of the plaintiffs and declared that students don't "shed their constitutional rights to free speech or expression at the schoolhouse gate.". (CNN -- US)
Annexing Reform Stalled May 22, 2010
He said the statutory law and case law can be combined, and an attorney can argue what a meaningful benefit is. Aitken said there remains a disconnect at the local level between the people making the decisions to annex and those being annexed. (The Pilot Newspaper)
Opener could include treaty rights showdown May 14, 2010
Erlinder, however, said its clear from the Supreme Court ruling and other case law that the absence of that language in the 1855 treaty means the other bands never relinquished those rights. The talk of treaty rights has revived memories of ugly confrontations between whites and Indians in Wisconsin in the 1990s when Chippewa there resumed netting and spearing. (Brainerd Daily Dispatch)
