Court: University of California can reject Christian school classes Aug 16, 2008
By Adelle M. Banks, Religion News Service A California federal judge has ruled that the University of California had a "rational basis" for rejecting science and history courses taught at Christian high schools. Calvary Chapel Christian School in Murrieta, Calif. (USA Today)
Once a contrarian ... Aug 16, 2008
So, on a rational basis, it makes a lot of sense to have agricultural land in a secure place in your home country. Do you have such a property. (Globe and Mail -- Business)
Animal activists completely out to lunch Aug 11, 2008
It can be explained with this view of Ingrid Newkirk, founder of PETA: There is no rational basis for saying that a human being has special rights. A rat is a pig is a dog is a boy. (Prince George Citizen)
Federal Court: N.Y. Had Right to Halt Medicaid Funding for Gender Reassignment Aug 9, 2008
The state's conclusion that "serious complications" can arise from hormone therapy and reassignment surgeries "provides a more than sufficient rational basis" to uphold the department of health regulation, Castel wrote. Assistant Attorney General Jennifer Lynn Johnson and former Assistant Attorney General Deborah Ellen Hochhauser handled the case for the commissioner. (Law.com)
Ready for global rise of 4C Aug 7, 2008
"So even if we get the best possible global agreement to reduce greenhouse gasses on any rational basis you should be preparing for a 20 per cent risk so I think Bob Watson is quite right to put up the figure of 4 degrees," he said. "At 4 degrees we are basically into a different climate regime," said Professor Neil Adger, an expert on adaptation to climate change at the Tyndall Centre for Climate Change Research in Norwich. (India Times, India)
Johannesburg Aug 1, 2008
In the often bizarre system of weights-and-measures used by the apartheid state to classify people for purposes of separating them, Chinese South Africans were first deemed "Asiatic," then "Colored," and finally "the Chinese Group, which shall consist of persons who in fact are, or who, except in the case of persons who in fact are members of a race or class or tribe referred to in paragraph (1), (2), (3), (5) or (6) are generally accepted as members of a race or tribe whose national home is in... (Time.com)
Property rights are not supreme Jul 27, 2008
In Abrahams v. United States, Justice Oliver Wendell Holmes Jr. wrote that legislation that effects property or economic rights needed only a rational basis to establish its constitutionality whereas limitations on freedom of speech could only be justified by a clear and present danger. The Supreme Court has repeatedly held that government actions that infringe on property rights must merely reasonably relate to a legitimist interest while First Amendment freedoms usually receive more protection... (Winona Daily News, MN)
Pit bull ban advances amid protests Jul 24, 2008
July 24, 2008 ONLINE EDITION. Entertainment Review : Art of Photography : Business Trends : Eyes of a Reporter. (Sioux City Journal, IO)
Edwards awaits word on release Jul 22, 2008
J. Bennett Johnston in filing the request on Edwards' behalf in 2007 and has argued that there is no rational basis for keeping Edwards in prison any longer. Brown, 68, who was convicted in 2000 and served six months for lying to the FBI during an investigation of a failed insurance company, said he filed the pardon application himself several months ago. (Nola.com -- Sports)
Let The Rupee Be Jul 18, 2008
However, there is no rational basis for this kind of sentiment. I notice that the Samajwadi Party (SP) has suggested to the Congress that policies be implemented so as to ensure that the value of the rupee be raised to Rs 39 to the dollar. (India Times, India)
Concerns remain over sex Offender law Jul 18, 2008
Voy held that the law section dealing with juvenile offenders violates constitutional due process guarantees because it lacks a rational basis for extending to 14-year-olds but not to someone who may be younger but more dangerous. Comments. (San Francisco Chronicle -- Crime)
Beck refused attempt to file for mayor Jul 16, 2008
It also asserts there is a rational basis for restricting spouses and immediate family members from serving together on the city council. Beck, a service technician for Monaco Coach Corp. in Harrisburg, had wanted to challenge Mayor Ken Toombs, who has filed for re-election and is the only candidate for the office so far. (Lebanon Express, OR)
Reviews: "A View of Science, Reason and Religion" Jul 13, 2008
The following is a direct response to this If you admit that "the concept of God has no rational basis," then it's pretty bizarre to turn around and describe irrational behavior (belief in that concept) as a positive force in society ... Sure, the concept of God has no rational basis. (Scientific American)
Letter:Letter about Butte’s parade draws response Jul 13, 2008
carroll wrote on Jul 9, 2008 4:24 PM:" ANY opinion is meaningless drivel UNLESS well researched and well-thought-out. Who cares what "you think" if you have no rational basis for that belief? Anyone can pull a thought out of there proverbial butte but that does not give it meaning or even make it worth hearing about. ". carroll wrote on Jul 9, 2008 4:17 PM:" In all fairness, referring to Mr. Obama as Hussein Obama is a fair and accurate reference. Mr. Obama only began calling himself Barack when... (Montana Standard, MT)
Sewer budgets to include special assessment Jul 13, 2008
David Van Parys, county counselor, told commissioners that as long as there was a rational basis for the fees, the commission would not likely be vulnerable to litigation. The issue might be magnitude of difference, he said, adding that though the difference in assessment fees may seem large, the actual discrepancy would not shock the conscience. (Leavenworth Times, KS)
This just in: 5 new jobs in Macon Jul 2, 2008
Dont look to government now as the government since 1960 has turned us into a debt ridden, protect the world mentality forever strangling us in trillions of dollars in liabilities that our DIVERSE and largly ingnorant and uneducated legal and illegal population will never be able to deal with on a rational basis. do I sound pessimistic. (Atlanta Journal-Constitution)
Zick explains his veto Jul 1, 2008
Zick said the ordinance is in violation of the Kentucky Constitution as special legislation in that there is no rational basis for singling out swimming pool owners and affording them relief from sewer charges, while not offering the same relief for ratepayers who water lawns and pressure wash their homes and decks. Zick feels the ordinance is in violation of the 14th Amendment to the U.S. Constitution as it is discriminatory by denying equal protection under the law, showing favoritism to... (Russellville News Democrat Leader, KY)
9/11 JUNK SCIENCE Jun 29, 2008
Indeed, one plaintiffs' lawyer even conceded that some of his clients may not be injured at all - but that New York law allows them to sue if they have "a rational basis" for fearing that, somewhere down the line, they may fall ill. Actually, none of this surprises. (New York Post -- Opinions)
Our View: Court: Right 'of the people' is each of ours Jun 29, 2008
Roger Pilon, vice president for constitutional studies at the libertarian Cato Institute, pointed out to us that Justice Scalia's opinion included the stipulation that, in such cases, courts should not apply "rational basis," the lowest level of scrutiny, to such laws, since the right to keep and bear arms is a fundamental enumerated constitutional right, requiring strict scrutiny when a legislative body seeks to limit it. All in all, a good day for individual rights. (Appeal Democrat, CA)
Businesses up in arms over employee gun law Jun 26, 2008
"There is a rational basis for this," said Jonathan Glogau, who represented Florida Attorney General Bill McCollum during Wednesday's arguments. "The Legislature decided that people should be able to have these weapons in their cars to defend themselves.". (Daytona Beach News Journal)
County Commission adjusts assessment fees Jun 18, 2008
David Van Parys, county counselor, said the commission could choose to charge the vacant lots the fee if they could provide some rational basis for the decision. Auvil said he did not wish to raise the fee by 2. (Leavenworth Times, KS)
Judge sees equal rights for gays, lesbians Jun 16, 2008
That court found no rational basis for continuing to deny marital status to gay and lesbian couples, but did not address the overall issue of discriminatory laws. The California court's treatment of anti-gay bias as akin to race or sex discrimination "will have, I think, vast consequences, not only in California but in other states," whose courts often follow California's lead, George said. (San Francisco Chronicle)
My Big Fat Sexless Marriage Violet Blue demands a solution Jun 12, 2008
What the New York Times article didn't mention is that there's a rational basis for 'just doing it. You don't have to be 'in the mood' to have sex. (San Francisco Chronicle -- Science)
Straight arrows find it hard to survive Gold Dome May 28, 2008
While I still see no rational basis for the existence of a PSC, I will have to concede that Ms. Speir fulfills the behavior standard that would be necessary to make a government agency an honorable entity. A firm journalistic rule is that if the article is negative about a democrat or favorable about a republican, the party affiliation is always omitted. (Atlanta Journal-Constitution -- Opinion)
Strategy to stave off oil crisis May 26, 2008
Business Daily from THE HINDU group of publications Monday, May 26, 2008. India has somehow weathered the previous oil shocks, but the current one poses the worst threat yet to its economy. (Hindu Business Line)
Court backs raw milk standard May 24, 2008
HOLLISTER -- A Superior Court judge said Friday that the state had a rational basis for creating legislation that imposes a higher safety standard for California's two raw milk producers. The two dairy operators -- Organic Pastures of Fresno County and Claravale Farms of San Benito County -- are battling to try to stop the state from enforcing the law that took effect last year, saying it will put them out of business. (Fresno Bee)
Less Perfect Unions May 24, 2008
But two U.S. Supreme Court decisions bring to the fore the question of whether the U.S. Constitution, when the rights of homosexuals are at issue, requires the same kind of probing rational basis test one that looks at the full scheme of laws related to the purported governmental interest required by Vermont ... This is a statement of the amendment s failure to pass the rational basis test ... The court did not defer to the governmental interests Colorado claimed the law served respect for other... (The American Conservative)
9th Circuit Deals Blow to Military's 'Don't Ask, Don't Tell' Policy May 22, 2008
The rational basis test is on a losing streak. Less than a week after the California Supreme Court declined to use that analysis in arriving at , the 9th U.S. Circuit Court of Appeals rejected rational basis in ... Under Lawrence, the 9th Circuit said Wednesday, "Don't Ask" must be subjected to something more stringent than the rational basis test. (Law.com)
Polk County files response in same-sex marriage case May 22, 2008
It said the witnesses should be allowed because their testimony is something the Legislature could believe as part of arguments to preserve procreative marriage, which it called "a rational basis for the (Iowa) law.". The county attorney's office said Lambda Legal also tried to assert that the county's arguments are simply based on morals. (Sioux City Journal, IO)
Calif. court legalizes gay marriage May 16, 2008
"After San Francisco decided to allow same-sex weddings in 2004, the California Supreme Court intervened and ordered the city to stop issuing licenses to gay couples.The court later invalidated the documents and declined to address the constitutionality of a state ban on same-sex marriage until lower courts acted.Gay rights lawyers won an early victory in the dispute when a San Francisco trial judge decided in 2005 that gays should be permitted to wed.An appeals court later overturned that... (Boston Globe)
Magisterial Conviction May 16, 2008
The legal difference between the two opinions lies in the so-called "rational basis" review used by the Massachusetts court and the "strict scrutiny" deployed by the California Court ... Rational basis review is so lenient that it almost always results in the validation of state policies (in this sense, the 2003 Massachusetts ruling was an aberration), while strict scrutiny is so stringent that it almost always results in the invalidation of such policies. (Slate)
Rezoning request shot down May 14, 2008
State law allows cities to down-zone a property if the owner does not have a vested interest in it yet and if the city has a rational basis for the reclassification, City Attorney Tim Underwood said. But Mayor Danny Leverette said the rezoning request undermined the work of the Planning Commission and the Board of Mayor and Aldermen. (Columbia Daily Herald, TN)
Age legislation was fixed on Venugopal: Supreme Court May 10, 2008
The Bench said: It is impossible to ignore the force in the submission of Arun Jaitley, senior counsel for the writ petitioner, that a person is being singled out for premature termination without any question of his being justifiably treated as a member of a separate and distinct class on any rational basis. It was contended by Mr. Jaitley that in reality there is no legislation in respect of any class but there is legislation in respect of an individual. (Hindu)
Ruling on a part of Nevada's sex offender law appealed to Supreme Court May 8, 2008
Voy held that a law section dealing with sex offender registration for juvenile offenders violates constitutional due process guarantees because it lacks a rational basis for extending the requirement to 14-year-olds but not to someone who may be younger but more dangerous. Call us at 322-4444. (KRNV.com, NV)
ISRAELS GIFT TO THE WORLD May 4, 2008
Moreover, the intensity of the enmity directed against the Mideast's only democracy is unexplainable on any rational basis. It is remarkable indeed that a democratic nation born in response to a decision of the United Nations should still not be accepted by so many nations, groups and individuals. (New York Post -- Opinions)
Investors still lack trust in the market May 4, 2008
That does not mean the Bank of England is wrong now, but a striking feature of the Bank's report is the contrast between its puzzlement that the prices of asset-backed securities are far lower than they should be on any rational basis, and the comments of market contacts that despite this professional investors and lenders don't want to play. Buyers should return to markets, the Bank says. (Times Online)
Moving toward greater communication Apr 17, 2008
The revisions say there must be an articulable and significant threat to trigger the exception, but that if, given the facts at the time, administrators can show a "rational basis" for acting, then the department will not trump the decision of the moment with its own, after the fact. Crime will remain crime, regardless of technology. (Ames Daily Tribune, IA)
COAH regulations discriminate Apr 17, 2008
Like its 2004 predecessor's proposal of one affordable housing unit for every 25 jobs, this conclusion is unsupported by satisfactory data and is without a rational basis. It is clear that the proposed "growth share" formula is based on a telephone survey conducted by a COAH consultant, which resulted in a "new" calculated ratio between square footage and jobs. (NJ.com -- Times)
• Virginia Tech served as warning on campus privacy Apr 16, 2008
In such cases, the proposed regulations would say that if there is a "rational basis" for making the disclosure, the department will not "substitute its judgment" about the decision, signaling that universities would not be subject to penalties. Privacy advocates and mental health experts counter that students may hesitate to seek help if they think their parents or college officials will be notified. (FOX59, IN)
Science, faith and religion Apr 10, 2008
wrote on Apr 9, 2008 9:35 AM:" ...come on over to Jimmys latest blog to witness an outpouring of posts attempting to discredit Francis Collins with claims that he is not a "real" scientist just because he comes to different conclusions. Some people just CAN'T STAND it when people disagree with them. They become infuriated when anyone dares to allege a rational basis for their faith. The fact these debates even occur goes to show what many people have always known: faith and reason are not... (La Crosse Tribune, WI)
Who says drinking lots of water is healthy? Apr 8, 2008
Goldfarb also said there is no rational basis for the widespread belief that people need to drink eight glasses of water a day, and it is unclear where this recommendation came from. (Agencies). (Xinhua)
Science wishy-washy on health benefits of water Apr 3, 2008
Goldfarb also said there is no rational basis for the widespread belief that people need to drink eight glasses of water a day, and it is unclear where this recommendation came from. Copyright 2008 Reuters. (MSNBC -- Health)
Six pillars can be used as a way to solve most ethical dilemmas Mar 26, 2008
Even if there is a rational basis for my decision, does my inner voice still sense it is the right thing to do. When faced with a difficult decision, test the ethics of your possible decision against my six pillars. (Houston Business Journal, TX)
15 comments Mar 26, 2008
" EVERY investor who has any brains at all argues this. You don't make any money by buying-high and selling-low. In fact, you don't make any money buying stocks whose prices already take in to account the potential for future growth, you buy assets that are underpriced at present. The present drop in the market is one of the best times to buy in years. When skittish and irrational investors (the "day-traders,") are yanking their money out of the market for no good reason, assets are underpriced.... (Human Events Online)
Private to a fault Mar 25, 2008
If there's a "rational basis" for worrying about a student, the Education Department will not "substitute its judgment" about the decision to release material from a student's file. That's telling college officials that they won't be second guessed. (Yahoo News)
Racial Divide Mar 20, 2008
Blaming white America for spreading AIDS to the black community is not only racist, but hateful, precisely because it lacks any rational basis. It s because he doesn t want to lose the black vote, one longtime Democrat told me this morning, explaining that Obama s speech had convinced her to vote for McCain if Hillary Clinton is not the nominee. (Fox News)
Government Sets Out to Ban Fun in Arizona Mar 20, 2008
Under today's weak "rational basis" standard, courts validate virtually any abridgement of economic liberty, no matter how tenuous the connection to even a minor public purpose ... Under today's weak "rational basis" standard, courts validate virtually any abridgement of economic liberty, no matter how tenuous the connection to even a minor public purpose. (Townhall.com)
Drought eases, water wars persist Mar 18, 2008
"Ideally, you would get people that have a vested interest in a river basin to just come to the table on a rational basis and try to work things out.". Areas where disputes are swirling. (USA Today)
The Debate Resumes Mar 16, 2008
"Most extremist views about climate change have little or no scientific basis. The rational basis for extremist views on global warming may be desire for political action." Dr. Gerd-Rainer Weber ... German Meteorologist Dr. Gerd-Rainer Weber: "Most of the extremist views about climate change have little or no scientific basis. The rational basis for extremist views about global warming may be a desire to push for political action on global warming.". (EcoWorld.com)
Lessons from the Skeptics Conference Mar 5, 2008
How does this overwhelming consensus provide a rational basis to turn our economies upside-down in order to cut CO2 emissions. Posted by Jeff Martin. (New York Times)
Hillary Is Right Feb 28, 2008
When it comes to Hillary Clinton, there s no doubt that, whether it s the first or second question, her response is likely to be subject to strict scrutiny, which, as we say in the law, tends to be strict in theory and fatal in fact, while her opponent gets judged by a sort of rational basis test that means if there's any conceivable version of what he's saying that makes sense, he gets a pass. And a pillow, as she joked in the debate Tuesday night, to make sure he's comfortable, although when... (Fox News)
Voyage to Southern Ocean aims to study air-sea fluxes of greenhouse gases Feb 27, 2008
" ### The scientists will be available for satellite-phone interviews, and will feed a daily blog to the expeditions website: http://so-gasex.org. INFORMATION FOR JOURNALISTS: The ships daily blog at will include pictures, video and audio. Email contacts before cruise and at sea: David Ho: Christopher Sabine For more contacts and information, including satellite telephone interviews from sea: Kevin Krajick, The Earth Institute, Columbia University. office 212- 854-9729 mobile 917-361-7766 The... (EurekAlert!)
Court upholds deadline for ELL action Feb 24, 2008
Still, the law s reliance on providing schools with additional English Language Learning funding based on costs to implement new state-approved instruction models could provide a rational basis for funding, the decision added. Currently, the state provides schools with supplemental per-student funding for ELL programs in amounts that critics contend are severely inadequate. (Douglas Daily Dispatch, AZ)
SeaLife was good deal for ex-aide to Stevens Feb 11, 2008
In the 46-minute interview, Schrock cited Seward's "Waterfront Development Plan" 15 times as the rational basis for the SeaLife Center's decision to buy the Arcade property. It was the plan, not a command by a Senate aide or signal from a lobbyist, that he was following, he said. (Anchorage Daily News)
Presidential Pardon Feb 2, 2008
On this issue, McCain is as much as conviction politician as Tom Tancredo except that he ardently believes conservative concerns about uncontrolled immigration have no rational basis. In fact, McCain treats those who disagree with him as ignoramuses at best, racists and xenophobes at worst. (The American Conservative)
A legacy of division Jan 23, 2008
Justices William Rehnquist, Byron White and Anthony Kennedy said they would allow restrictions on abortion, but only if the restrictions had a rational basis. More important, the three conservative justices said a compelling government interest need not be required to justify restrictions on abortion. (CNN -- US)
Fair fundingHas Scotland become the land of the free - at the UK's expense? Jan 21, 2008
He says money is not distributed according to need: "Edinburgh gets its trams. Manchester doesn't get its tram extension. The money flies over Manchester into Scotland on no rational basis.". Even Lord Barnett, who was Chief Secretary to the Treasury in 1978 when the formula was introduced, believes the formula should be scrapped. (BBC News -- UK)
Page Mill Properties sues East Palo Alto over rent control ordinance Jan 18, 2008
The suit alleges that the City Council's action was "arbitrary and capricious, lacking in rational basis, and contrary to law.". The lawsuit further contends that the ordinance should be rescinded because Councilman Ruben Abrica signed a lease for one of the affected apartments and therefore "has a personal financial interest in the decision to freeze rents," Page Mill said. (San Jose Business Journal)
Was the vote on Christianity necessary? Dec 29, 2007
Kenneth Krause to BrianGSmith wrote on Dec 28, 2007 4:32 PM:" I never said I had historical proof.I said I had historical evidence. There is a difference. For starters, there is Old Testament Prophecy. There are also historic eyewitness accounts from people who would have no reason to be untruthful. Then there are the martyrs. Some men would die for what they believe. No one would die for what they know to be a lie. The martyrs would have been in a position to KNOW if the Resurrection was a... (La Crosse Tribune, WI)
Mich. AG: Only Legal Residents Can Drive Dec 28, 2007
But Cox said "there can be no doubt that a rational basis exists for denying driver's licenses to illegal aliens.". Cox cited national security concerns, but the American Civil Liberties Union of Michigan contends his opinion could actually make the state less secure. (Newsmax)
Judge strikes down entire smoking ban Dec 24, 2007
"To hold one out as important above the other is simply not a rational basis for exemption. Thus, the court find that the exemption ... is unconstitutional as it is a violation of the equal protection clause of the Kentucky Constitution.". Poynter said will have to "revisit the entire issue as a comprehensive ban" because as it stands, the ordinance still excludes Churchill Downs from the ban. (Louisville Business First, KY)
Ruling may stall opening of biolab Dec 14, 2007
The state's 2004 approval "lacked a rational basis because the evaluation of the 'worst case' scenario was significantly incomplete," the high court justices said. The original review analyzed the potential escape of only one pathogen, anthrax, which, while deadly, cannot be transmitted person to person. (Boston Globe)
Letters for Saturday, December 8, 2007 Dec 8, 2007
Eliminating the sentence will not cure the propensity of some councilmembers to prefer secrecy and control over open and honest dialogue with the public and with each other in public, but it will provide a rational basis for future discussions. Horace StoesselKapaa. (Lihue Garden Island, HA)
MLB's advanced media arm pulls in profits Dec 6, 2007
"We take what's already great content, called a baseball game, and we try to present it on every device as best as possible and in as high a quality as we can in an economically rational basis," Bowman said. "If you look at what we're proudest of, it's our (site) traffic.". (USA Today -- Tech)
Staring down the barrel Dec 2, 2007
The government can regulate some rights if it can show that it has a "rational basis" for regulation. So if the Second Amendment does create an individual right, perhaps the government can overcome that right whenever it has a good reason for doing so - as, for example, by banning those with criminal records from getting handguns, or by requiring gun-owners to keep their guns in secure places at home. (Boston Globe)
