Friendship across time and place Oct 10, 2008
The series tells the story of indigenous Australia through the eyes of key characters such as Bennelong and Eddie Koiki Mabo, from the appearance of the First Fleet in 1788 to the disappearance of the terra nullius legal fiction in 1992. It aimed to inject some indigenous perspectives into mainstream Australia's sense of itself, and may spark a fresh round of historians debating the value of "black armband and white blindfold" views of frontier history, said its producer, Darren Dale. (Sydney Morning Herald -- Australia)
How is traditional marriage threatened? Oct 4, 2008
DanielH wrote on Oct 2, 2008 7:46 AM:" CLH: I want to point out that when you write in all CAPS, you are screaming at your reader. In a subsequent letter to the editor, of which I am aware, this makes a huge legal difference.The difference is evident if you are in court, and the judge asks you to state your name and spell your last name. Unless you inform the judge otherwise, it will assume you are the ALL CAPS legal fiction, which matches the name on his paper. ". CLH wrote on Oct 2, 2008 7:27... (Lodi News Sentinel, CA)
Voter OK on projects overruled Sep 19, 2008
Last year, the justices called that distinction a "legal fiction" justifying an exception to the legal doctrine that courts must abide by their own precedents. In Thursday's ruling, Justice Charles Wells wrote the majority now believes the 1980 ruling has become "seasoned historic precedent.". (The St. Augustine Record)
IN MY LIBRARY: DAVID FEIGE Aug 31, 2008
His characters are sharply drawn, and the plot, as legal fiction goes, is fairly plausible. If you want to read about law for fun, this is escapist legal reading at its best. (New York Post -- Opinions)
US setback over rendition 'poster child' Aug 20, 2008
But one of the three judges dissented, describing as "a legal fiction" the idea that Arar was not in this country when he was apprehended at Kennedy. That judge, Robert D Sack, a Clinton appointee, said that Arar's case should continue because Arar "was, in effect, abducted while attempting to transit at JFK Airport". (Asia Times Online)
Knocked out by the title fight Aug 16, 2008
THE resources boom has spawned a series of high-profile deals between mining companies and traditional owners, creating the impression that - 15 years after a gardener called Eddie Koiki Mabo successfully challenged the legal fiction of terra nullius in the Torres Strait - native title is alive and well. The Martu people, traditional owners in Western Australia's Western Desert, this year negotiated jobs and 10 per cent equity in Reward Minerals in return for allowing the company to mine potash... (Sydney Morning Herald -- Australia)
A victory only until the next time Jul 16, 2008
The Federal Court has shown how our freedom of speech rests upon a convoluted legal fiction. There is little doubt the NSW Parliament meant to allow the Iemma Government to make the World Youth Day anti-annoyance regulation. (Sydney Morning Herald -- Opinion)
U.S. court dismisses Canadian's rendition suit Jul 1, 2008
In an occasionally scathing dissent, one judge, Robert Sack, said Arar's suit should have been able to proceed because the argument that he was never really in the United States was "a legal fiction.". Today in Americas. (International Herald Tribune)
What the court should say on BCE Jun 25, 2008
Canadian corporate law, perhaps too simply, tells officers (the chief executive officer, chief financial officer and so on) and directors to act "in the corporation's interests." But a corporation is an artificial person--a legal fiction. What are its "interests". (National Post)
COLUMN: Right-wing Republicans' claim to contrary, they're embracing 'Big Brother' Jun 21, 2008
" That's another legal fiction created by the Bush administration to advance its fascist powers. Many of the people rounded up as "enemy combatants" were not captured on a battlefield, but were turned over for a bounty by warlords or personal enemies. Someday, we may find out just how many innocent people we have imprisoned indefinitely, tortured and murdered to make the ape look good. ". what wrote on Jun 20, 2008 7:41 PM:" The founding fathers had a vision of a Democratic Republic which... (Mattoon Journal-Gazette, IL)
Supreme Court rules for justice Jun 13, 2008
06/13/08 00:00:00 The Bush administration's legal fictions at Guantnamo finally have come undone ... The Supreme Court blew away that legal fiction Thursday. (Fresno Bee)
The wisdom of Solomon May 29, 2008
The only distinction between that case and that of the adoptive parents is the legal fiction of adoption. Surrogate motherhood comes in two forms. (International Herald Tribune -- Ed/Op)
Eritrea says U.N. border force not legal Apr 20, 2008
Ethiopia calls the November decision "legal fiction". Analysts say the U.N. extension was pushed through because of fears of a renewed conflict between the two neighbours. (AlertNet)
Is the GOP Relevant? The Readers Respond Mar 25, 2008
Beastie Boy wonders "How many failures can we stand??? Peter, thank you for reminding me as to how far we have strayed from our principles under the auspices of King George II." Parenthetically, Beastie Boy cited my passage about judges and astutely inquires why the legal fiction of absolute immunity still exists. If there is anything so damningly unconstitutional is that judges and prosecutors remain immune from accountability. (Townhall.com)
Opinion: Tyranny of a 'reasonable' gun ban Mar 18, 2008
Rights, not legal fiction, should sway DC v. Heller ... In constitutional law, a reasonable person is a judge or legislator who, as a legal fiction, pretends to see through the eyes of another and, in view of the facts of a particular situation, endeavors to remove every unnecessary human trait and unworkable idea, as a balancing test. (Christian Science Monitor)
ARDC: Former Coles asst. prosecutor may be disbarred Mar 15, 2008
85CHSGrad wrote on Mar 14, 2008 5:44 PM:" I do believe the State's Atty's Office was trying to hide the fact all the way around! Why did it take so long to get this story printed? And probably wouldn't have, had I not started posting it in the comments of the Abernathy article! Please review the evidence they have against Abernathy and his meth charge. I see no considerable evidence in that case at all. "Constructive Possession"? Constructive possession is a legal fiction to describe a situation... (Mattoon Journal-Gazette, IL)
Jewish group slams Ms. magazine for rejecting ad Jan 16, 2008
Gordon said the magazine's contention that the ad was politically partisan was "a legal fiction. . . . to cover their bias.". The director of the Jewish organization's Commission for Women's Empowerment, Harriet Kurlander, said the Ms. article about Livni did not provide an excuse for rejecting the ad. (Boston Globe)
* Is there such a thing as a communist party without communism? Dec 14, 2007
This party will be centralized under personal leadership and will reduce the state to a legal fiction. Preaching nationalism, its managers will believe in their universal competence, as opposed to KGB-style professionalism and corporatism. (Taipei Times, Taiwan -- World)
GOP Presidential Candidates Woo 'Values Voters' Oct 20, 2007
Brownback called Roe v. Wade a "legal fiction" that leaves "two victims: one who is wounded and one who is dead.". He said Roe must be overturned and cited legal challenges to Roe and the associated case, Doe v. Bolton by the very plaintiffs who originally brought the landmark abortion cases under pseudonyms. (Fox News)
Read all about it! New book blog Aug 28, 2007
He basically writes Christian legal fiction that could give John Grisham a run for his money. So far he has tackled missionaries in Saudi Arabia (in Directed Verdict), abortion and embryonic stem cell research (in Irreparable Harm), child abuse (in Dying Declaration), self-defense murder (in Self Incrimination), holiday observances (in Judge Who Stole Christmas - I haven t yet read this one), reality TV, comparative religions, and cryptology (in Cross Examination of Oliver Finney), and... (Atlanta Journal-Constitution)
Danville surgeon sent to prison Aug 19, 2007
SAN FRANCISCO / Oral surgeon going to prison for tax fraud. " The defense attorney had urged Illston to sentence the doctor to no more than six months, "given his short life expectancy. (San Francisco Chronicle -- Crime)
Are you an MSC provider? By Rebecca Benneyworth Jul 31, 2007
Merely setting an individual up as a limited company and providing access to contracts for service which are in fact legal fiction, does not mean that a firm is an MSC provider. Selling tax investigation insurance will not bring a firm within the scope of this legislation; as an inducement to use their service, an MSC or MSCP guarantees to make good tax losses if an HMRC investigation goes against the individual, which is entirely different. (Accounting Web, UK)
2nd Circuit Rejects Gun Sentence Outside Guidelines Range Jun 7, 2007
Judge Calabresi wrote in his concurrence that "I am not ... comfortable with, and cannot join, the broad language of the majority that denies the possibility of any consideration of geographic factors and that relies on the, to me false, dichotomy between individual culpability and factors that are 'not unique or personal to a particular defendant,' United States v. Rattoballi, 452 F.3d 127 (2d Cir. 2006). That line seems to me to be based more on a legal fiction rather than on any behavioral... (Law.com)
Price: Canada & Occupation of Japan May 29, 2007
24] At the same time, however, Norman remarked that MacArthur's view that in Congress were "centered the hopes and aspirations and faith of the entire human race," was somewhat "overpowering for those who do not believe that the United States Constitution represents the final consummation of all human wisdom." Norman praised the speech for its austerity of language since "most of the General MacArthur's pronunciamentos in Japan were so bestrewn with purple passages and so ponderous in syntax... (Zmag.org)
A Sully serve for sullied media, law reformers Mar 30, 2007
Here's a few of his slices about the rotten press: "The media, as we know, react with savage vindictiveness to any attempt to apply to them those standards of transparency and accountability that they are insistent on applying to other people The media are not a constitutional arm of government To suggest that [they are] is legal fiction, a political subversion and a moral absurdity. The media are major money-making cartels. They are not knights in shining armour. Their agenda is power. Their... (Sydney Morning Herald -- Opinion)
Sweeping Up in Somalia Jan 5, 2007
The TFG, whose contribution to its own salvation has been humiliatingly negligible, wants to cut some sort of a deal with perceived moderate elements within the ICU lest the phantasmal interim government be exposed for what I have documented in a previous column that it is in fact: a legal fiction imposed on Somalis by the international community with the connivance of a gaggle of self-serving native rent seekers (what else does one call a "government" of ninety ministers with no one to govern.... (Ocnus.net)
