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Articles Posted by Sandy

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  • Clean Water Act reach limited (per SCOTUS)

    06/19/2006 10:06:40 AM PDT · by Sandy · 52 replies · 2,032+ views
    SCOTUSblog ^ | June 19, 2006 | Lyle Denniston
    <p>A pluarlity of the Supreme Court concluded on Monday that the Clean Water Act's protection of "waters of the United States" is limited to those bodies of water that are "permanent, standing or continously flowing," and thus does not embrace channels through which water flows only some of the time. And, the Court added, "navigable waters" under the Act ordinarily is no broader than U.S. waters. The decision appeared to rule out protection against filling-in or pollution of wetlands not part of actual waterways. The actual impact of the plurality opinion by Justice Antonin Scalia appears to have been qualified by a lengthy concurrence by Justice Anthony M. Kennedy, who supplied a fifth vote for the result. Kennedy's opinion, it appears, will be the controlling one. After Scalia announced his opinion, Kennedy discussed his separate views.</p>
  • The Speech and Debate Clause of the U.S. Constitution -- Good Info

    05/28/2006 10:09:52 PM PDT · by Sandy · 31 replies · 643+ views
    The Speech and Debate Clause[F]or any Speech or Debate in either House, they [Senators or Representatives] shall not be questioned in any other Place.~U.S. Constitution Art I, sec 6, cl 1.The Federal offenses of bribery and gratuities apply to payments made in consideration for, or to thank or curry favor with, Members of Congress and their legislative staffs. However, where an official of the Legislative Branch is the intended recipient, the task of proving the "official act" element can present prosecutors with unique challenges rooted in the Speech and Debate Clause of the U.S. Constitution. U.S. Constit. Art I, sec...
  • Government opposes swift rulings on abortion (Excellent explanation of the upcoming SCOTUS case)

    08/12/2005 1:51:54 AM PDT · by Sandy · 11 replies · 635+ views
    SCOTUSblog ^ | August 09, 2005 | Lyle Denniston
    The Bush Administration has mounted a wide-ranging challenge in the Supreme Court to the power of federal judges to stop new anti-abortion laws before they go into effect. In a friend-of-court brief filed Monday in a pending case from New Hampshire, the U.S. Solicitor General has argued that abortion restrictions should be blocked from enforcement only if they are invalid in all possible circumstances -- an argument that lower courts have increasingly refused to accept. That is an issue the Supreme Court has never explicitly decided. (The Solicitor General's brief is posted here.) The challenge was made in the pending...
  • States' Case Challenging Species Act Is Rebuffed (Supreme Court, Federalism, and the Texas Cave Bug)

    06/14/2005 11:20:23 AM PDT · by Sandy · 17 replies · 573+ views
    New York Times ^ | June 14, 2005 | LINDA GREENHOUSE
    A states'-rights challenge to enforcement of the Endangered Species Act...failed Monday when the justices, without comment, refused to hear it.The appeal had attracted widespread attention as the most potent of several efforts around the country to make the case that Congress's power to regulate interstate commerce did not extend to protecting animal or plant species that lack commercial value and that live in only one state....[T]he justices' action on Monday provided the latest evidence that the Rehnquist Court's federalism revolution is on the wane....[The case] concerned six endangered species of small insects that live only in caves and sinkholes in...
  • Gonzales v Raich (The medical marijuana decision--key passages plus links)

    06/06/2005 10:34:17 AM PDT · by Sandy · 69 replies · 1,877+ views
    Lawrence Solum's Legal Theory Website | 6-6-2005 | Larry Solum
    IntroductionGonzales v. Raich, the medical marijuana case, was decided today. The decision was 6-3 to reverse the Ninth Circuit's opinion, which held that the Controlled Substances Act of 1970 exceeded Congress's power when applied to noncommercial marijuana consumed for medical use pursuant to a doctor's recommendation. Justice Stevens authored the majority opinion, and Justice O'Connor authored a dissenting opinion joined by the Chief Justice and Justice Thomas, and Justice Thomas also wrote a dissent. Justice Scalia wrote a concurrence in the judgment. Links to the Opinions Majority (per Stevens, J.) Justice Scalia's Concurrence Justice O'Connor's Dissent, joined by the Chief...
  • From hostage to celeb in a blink (Ashley Smith)

    03/15/2005 4:34:02 AM PST · by Sandy · 480 replies · 10,186+ views
    The Atlanta Journal-Constitution ^ | 03/15/05 | MICHELLE HISKEY, DON PLUMMER
    Two days after being held hostage in a killing spree that stunned metro Atlanta and much of the nation, Ashley Smith spent Monday discovering the perks--and the price--of sudden celebrity.National media outlets, film studios and book publishers--even a hostage training company--sought out the 26-year-old widowed mother to tell again the dramatic story of the seven hours she spent Saturday in her Duluth apartment with Brian G. Nichols. But with the national clamor to know the woman who said Nichols called her "an angel sent from God" comes a dark side. Smith is an angel with a troubled past--a record of...
  • Patents Pending [Eminent Domain--"Government takings" of drug patents. A way to get cheaper drugs.]

    02/25/2005 7:23:25 AM PST · by Sandy · 25 replies · 1,219+ views
    The American Prospect ^ | 2-23-05 | Barbara T. Dreyfuss
    Unless the drug industry starts to negotiate significantly lower prices, it may find itself battling debt-strapped states for control over the manufacture of drugs. States already take land and other property in order to benefit the public by building things such as roads and schools. Now some legislators and officials are saying they should be able to take away a drug company’s intellectual property, its patent. They want to give these patents, which allow a company to manufacture a product, to competitors that agree to sell the drugs to the states at much lower prices. Patents are the key to...
  • Doorknob swabs challenged--Technique to detect drugs, guns violates rights, cases contend (Oh FGS)

    09/09/2004 2:09:10 PM PDT · by Sandy · 28 replies · 1,406+ views
    The Salt Lake Tribune ^ | 09/06/2004 | Pamela Manson
    A man's home is his castle. To three Utahns, that means their sanctuary extends all the way to their doorknobs.    But they claim police are trespassing by wiping door handles with a cloth that collects traces of illegal drugs.   The men, in separate cases, are challenging the use of test results that allegedly revealed microscopic drug particles on their front doors - information officers used to bolster their requests for search warrants.   To the trio, the high-tech approach is a blatant violation of the Fourth Amendment right to be free of unreasonable searches.   A person has a subjective expectation of privacy in their...
  • Famed lawyer Gerry Spence will represent Muslim Oregonian lawyer accused in Madrid bombing

    08/29/2004 4:34:06 PM PDT · by Sandy · 29 replies · 918+ views
    The Oregonian ^ | August 27, 2004 | NOELLE CROMBIE
    Brandon Mayfield, the Portland-area lawyer and Muslim convert wrongly accused in the deadly Madrid train bombing, has hired celebrity trial lawyer Gerry Spence in a possible civil suit against the federal government. Spence has a high-profile client list that includes former Philippine first lady Imelda Marcos, the family of plutonium worker Karen Silkwood and white separatist Randy Weaver. The Wyoming-based Spence will work on the Mayfield case with a Portland civil rights lawyer, Elden Rosenthal, and a Newport lawyer, Michele Longo Eder. The attorneys, none of whom were available for comment Thursday, notified the federal court in Portland this week...
  • Pryor Casts Key Vote in Gay Adoption Case; Florida suit blocked from being reheard by 11th Circuit

    07/23/2004 1:02:15 PM PDT · by Sandy · 11 replies · 1,034+ views
    Fulton County Daily Report via Law.com ^ | 7-23-2004 | Jonathan Ringel
    Until Wednesday afternoon, the significance of Judge William H. Pryor Jr.'s recess appointment to the 11th U.S. Circuit Court of Appeals was largely symbolic. His appointment by President Bush outraged senators who objected to Pryor's record on issues such as gay rights, abortion and federalism. As Alabama attorney general, Pryor defended statutes criminalizing homosexual sodomy, spoke out against decisions legalizing abortion and won cases trimming congressional power over the states. Democrats blocked a vote on his nomination, but the president's recess appointment will allow him to be on the court through 2005. Since Pryor joined the bench in February, his...
  • Mass. High Court Grants 'Marriage' Benefits to Singles

    02/04/2004 8:30:56 PM PST · by Sandy · 10 replies · 132+ views
    ScrappleFace ^ | 2-4-2004
    (2004-02-04) -- Starting May 18, single people in Massachusetts can be granted a marriage license allowing them to enjoy all of the legal and social benefits that come with the term "married," even though they remain alone. The ruling by the state's Supreme Judicial Court comes on the same day the court declared, by a 4-3 vote, that a new law granting monogamous homosexual couples identical rights to monogamous heterosexual couples must refer to the arrangement as "marriage" rather than a civil "union." The majority ruled that any wording which differentiates among people creates a "second class" of citizens who...
  • Ban Turns Tobacco into Prison Prize -- Colorado move spawns black market, arrests

    10/15/2003 7:23:36 PM PDT · by Sandy · 18 replies · 338+ views
    Denver Post ^ | October 13, 2003 | Kirk Mitchell
    A prison-made "rollie" cigarette has one-tenth the tobacco of a Marlboro, but in Colorado prisons, where a smoke is now contraband, it is a more lucrative commodity than cocaine. An $11 can of Bugler tobacco can generate $5,000 in sales of toilet-paper-rolled cigarettes in the Colorado State Penitentiary. Cocaine, by comparison, only sees an 800 percent markup behind bars. "If people on Wall Street knew about this, they'd be investing in tobacco," said Bill Claspell, an investigator for the Colorado Department of Corrections' Office of Inspector General. A black market for tobacco sprang up the day it was outlawed...
  • A Dark Side To Home Schooling

    10/13/2003 10:32:18 PM PDT · by Sandy · 53 replies · 395+ views
    CBSNews.com ^ | 10/13/03
    The school bus never stopped at the secluded trailer on Hickory Crossroads in rural North Carolina because for five years Nissa and Kent Warren home schooled their children. Then, as CBS News Correspondent Vince Gonzales reports, county workers got an anonymous tip: better check on those kids. "This is one of those cases that will always haunt me," says Tom Lock, the Johnston County district attorney. For weeks, the parents tried to keep social workers out until the day detectives and Lock were called in. "I was stunned at the squalor that I saw," says Lock. "There was rotting food,...
  • No-Call List: Constitutional Doubt on Hot Political Issue

    09/27/2003 6:06:49 PM PDT · by Sandy · 80 replies · 372+ views
    New York Times ^ | September 27, 2003 | Adam Liptak
    The court decision late Thursday forbidding the government from carrying out a national do-not-call registry on First Amendment grounds will force appeals courts and lawmakers to make some excruciating choices. The registry, and indeed all measures to combat telemarketers, are enormously popular with the public. Already, Americans have listed 50 million phone numbers that they had hoped telephone solicitors would stop calling after Oct. 1, when the program was scheduled to go into effect. But the decision, by Judge Edward W. Nottingham of the Federal District Court in Denver, made what may legal experts say is a good case that...
  • Should you be scared of the Patriot Act?

    09/09/2003 6:36:44 PM PDT · by Sandy · 120 replies · 1,422+ views
    Slate ^ | September 8, 2003 | Dahlia Lithwick and Julia Turner
    A Guide to the Patriot Act, Part 1What's hot for fall of 2003? Well, the USA Patriot Act, for one thing. Although it passed in Congress almost without dissent in the aftermath of Sept. 11, it's suddenly being revisited, and this time around some of the folks holding opinions have actually read the thing. Among its detractors are 152 communities, including several major cities and three states, that have now passed resolutions denouncing the Patriot Act as an assault on civil liberties. More than one member of Congress has introduced legislation taking the teeth out of its most invasive...
  • Man who crashed abortion clinic wins legal respite (Federal Judge: FACE Act partly unconstitutional)

    08/21/2003 9:03:08 PM PDT · by Sandy · 5 replies · 1,598+ views
    Houston Chronicle ^ | Aug. 20, 2003 | S.K. Bardwell
    Charges against a man accused of driving his van through the front entrance of a Houston abortion clinic in March were dismissed by a federal judge who ruled a part of the Freedom of Access to Clinic Entrances Act unconstitutional. Planned Parenthood officials said they do not believe the opinion significantly weakens the FACE Act. Frank Lafayette Bird Jr., 61, of the 2300 block of Callie Street, was arrested after his van crashed through the doors of the Houston Planned Parenthood clinic on Fannin. No one was hurt in the crash. Bird, a well-known abortion protester, told authorities he conducted...
  • Flag-burning teen indicted for arson

    08/21/2003 8:18:24 PM PDT · by Sandy · 21 replies · 1,085+ views
    Houston Chronicle ^ | Aug. 21, 2003
    A Harris County grand jury indicted a Cypress teenager Wednesday for arson in a March flag-burning incident. Randall W. Heinrichs, 18, of the 14500 block of Enchanted Valley in Cypress, is accused in the March 22 burning of a U.S. flag that was displayed vertically on the building of Lumber Tag Specialties, said Kaylynn Williford, Harris County assistant district attorney. The building, in the 13300 block of Skinner,, was damaged in the fire and the flag was consumed, Williford said. No one was hurt. Heinrichs also is charged with criminal mischief in connection with a March 16 incident in which...
  • Thou Shalt Not Pray -- Does the Constitution hate God?

    08/21/2003 7:27:47 PM PDT · by Sandy · 19 replies · 312+ views
    Slate ^ | August 21, 2003 | Dahlia Lithwick
    One hesitates to spill one more drop of ink over Chief Justice Roy Moore--the demagogue judge who heads the Alabama Supreme Court and who--as of midnight last night--is in violation of a federal court order to remove a 5,000-pound monument to the Ten Commandments from the rotunda of the Alabama State Judicial Building. Moore, who's made a career of confusing his bench with a pulpit, has evinced such contempt for the rule of law, the Constitution, and the rest of this nation that he's unworthy of another word. There is, however, a constitutional problem highlighted by Moore's conduct and...
  • Bill Pryor's statement regarding Chief Justice Moore's announced intent to disobey the federal court

    08/14/2003 4:20:41 PM PDT · by Sandy · 260 replies · 608+ views
    FOR IMMEDIATE RELEASE For More Information, Contact: Joy Patterson  (334) 242-7491 Suzanne Webb  (334) 242-7351 STATEMENT OF ATTORNEY GENERAL BILL PRYOR REGARDING ANNOUNCEMENT OF CHIEF JUSTICE MOORE THAT HE WILL NOT OBEY THE INJUNCTION OF THE FEDERAL COURT "The U. S. District Court for the Middle District of Alabama recently served me, as Attorney General, with a certified copy of the injunction against Chief Justice Moore in the Ten Commandments case. Like others, I have awaited the announcement of the Chief Justice regarding his compliance with the injunction. Today the Chief Justice announced that he will not obey the injunction.Although I believe...
  • Kennedy’s Libertarian Revolution. Lawrence’s reach.

    07/10/2003 6:30:08 PM PDT · by Sandy · 146 replies · 689+ views
    National Review Online ^ | July 10, 2003 | Randy E. Barnett
    The more one ponders the Supreme Court's decision in Lawrence v. Texas, the more revolutionary it seems. Not because it recognizes the rights of gays and lesbians to sexual activity free of the stigmatization of the criminal law — though this is of utmost importance. No, the case is revolutionary because Justice Kennedy (and at least four justices who signed on to his opinion without separate concurrences) have finally broken free of the post-New Deal constitutional tension between a "presumption of constitutionality" on the one hand and "fundamental rights" on the other. Contrary to what has been reported repeatedly...
  • Supreme Court rejects appeal from anti-abortion activists [Nuremberg Files]

    06/27/2003 2:10:01 PM PDT · by Sandy · 26 replies · 471+ views
    Associated Press ^ | 6-27-2003 | Gina Holland
    WASHINGTON - The Supreme Court turned back an appeal Friday from anti-abortion protesters facing a multimillion dollar judgment for targeting clinic doctors with "wanted" posters. The court had been asked to give free-speech protection to the activists, but the Bush administration discouraged justices from taking the case. Physicians sued, claiming they feared for their lives after being listed on a round of Old-West style wanted posters and having their personal information put on the Internet. Three doctors who had been featured on posters were killed. The American Coalition of Life Activists and others were sued under a racketeering law and...
  • Affirmative action may not be needed in near future, O'Connor says

    06/25/2003 3:53:52 PM PDT · by Sandy · 20 replies · 294+ views
    Chicago Tribune ^ | June 24, 2003 | Jan Crawford Greenburg
    A day after announcing the Supreme Court's most significant decision on race in a generation, Justice Sandra Day O'Connor said in rare interview Tuesday that if America provided adequate educational opportunities for young people, it could someday achieve the goal of ending affirmative action in college admissions.Looking 25 years into the future, O'Connor said: "I hope it looks as though we don't need artificial help to fill our classrooms with highly qualified students at the graduate level." "And if we do our job on educating young people, we can reach that goal," she said, leaving no doubt the secrecy-shrouded court...
  • Court hints at rejection of Ohio gay-rights suit (6th U.S. Circuit Court of Appeals)

    06/19/2003 10:42:04 PM PDT · by Sandy · 4 replies · 113+ views
    The Plain Dealer ^ | 06/18/03 | Bill Sloat
    Cincinnati - A federal appeals court sent strong signals yesterday that it will reject a gay-rights lawsuit aimed at expanding Ohio's anti-discrimination laws to protect homosexuals against workplace bias. Judge Boyce F. Martin of the 6th U.S. Circuit Court of Appeals, who spoke from the bench after lawyers completed their arguments, said the case did not appear to involve any federal constitutional issues. "We believe, I think collectively, that you first must establish a federal claim," Martin said. The three-judge panel gave no indication when it would rule. Typically, months can pass before a case is decided. Darlene Norton, a...
  • 20 Questions for Circuit Judge O'Scannlain, U.S. Ninth Circuit Court of Appeals

    03/04/2003 5:18:41 PM PST · by Sandy · 1 replies · 368+ views
    How Appealing's 20 questions site | March 03, 2003 | Howard Bashman
    "How Appealing" is very pleased that Circuit Judge Diarmuid F. O'Scannlain of the U.S. Court of Appeals for the Ninth Circuit has agreed to be the second participant in this Web log's newest feature, "20 Questions for the Appellate Judge."Judge O'Scannlain joined the Ninth Circuit in September 1986, when he was just shy of the age of 50. He attended college at St. John's and law school at Harvard. His chambers are based in Portland, Oregon, and the Ninth Circuit has its headquarters in San Francisco. Questions appear below in italics, and Judge O'Scannlain's responses follow in plain text. 1....
  • The Last Liberal [Judge Stephen Reinhardt]

    02/03/2003 8:34:25 PM PST · by Sandy · 5 replies · 3+ views
    California Lawyer ^ | Feb 2002 | Bill Blum
    The Last Liberal Judge Stephen R. Reinhardt may be out of step with the times. And that's just fine with him.By Bill Blum On a weekend following the release of last year's pledge of allegiance ruling by the Ninth U.S. Circuit Court of Appeals, protesters picketed the home of circuit judge Stephen R. Reinhardt in Marina del Rey. Overhead, a small plane buzzed the adjacent beach, trailing a banner with the words One nation under God-a deliberate reference to the two-word phrase under God, added to the pledge in 1954, that the court had found unconstitutional. No matter that Reinhardt...
  • Mom Arrested for Watching TV as Daughter Kills Son

    09/28/2002 12:24:41 PM PDT · by Sandy · 26 replies · 1+ views
    Reuters ^ | 9/28/02
    LAS CRUCES, N.M. (Reuters) - The mother of a 10-year-old girl who beat her four-year-old brother to death on the instructions of their stepfather was arrested for watching television during the incident, officials said on Saturday. Natasha Guerrero, the children's mother, was arrested on charges of negligently permitting child abuse resulting in the death her son, four- year-old Devon Booth, said Las Cruces Police spokesman Mark Nunley. Devon's 10-year-old sister kicked, punched and hit him allegedly on the instructions of their stepfather, Louie Guerrero, 38. The boy was being punished for bed wetting and drinking from the toilet, and was...
  • FBI Agent: Moussaoui Might Crash Plane Into WTC

    09/28/2002 3:13:13 AM PDT · by Sandy · 31 replies · 256+ views
    Reuters ^ | 9/27/02 | James Vicini
    WASHINGTON (Reuters) - An FBI agent said in August 2001 that accused Sept. 11 conspirator Zacarias Moussaoui might take control of an airplane and crash it into the World Trade Center if he was released from custody, according to a court document made public on Friday. The document relates communications between FBI headquarters and its office in Minneapolis involving Moussaoui, who was being held in Minnesota in August 2001 on immigration violations after arousing suspicion at a flight school. The agent said Moussaoui "might take control of an airplane and crash it into the World Trade Center," prosecutors said...
  • Abrupt plea ends Louima case

    09/22/2002 11:12:15 PM PDT · by Sandy · 3 replies · 61+ views
    <p>NEW YORK (Reuters) --Former New York Police Officer Charles Schwarz, who repeatedly proclaimed his innocence in the precinct bathroom torture of Haitian immigrant Abner Louima, has agreed to a prison term for perjury, abruptly ending a five-year legal battle on the eve of his fourth trial.</p>
  • The Alien Appeal Process: Streamlined or Hamstrung?

    09/06/2002 1:54:12 AM PDT · by Sandy · 2 replies · 84+ views
    The Legal Intelligencer via Law.com ^ | September 4, 2002 | Christine Flowers
    On Aug. 23, the Justice Department issued a news release announcing one of its newest measures to "improve the timeliness and quality of adjudication" of the Board of Immigration Appeals. The BIA is the appellate body of the immigration court system, which has original jurisdiction over appeals from the decisions of immigration judges. In most cases, a ruling from the BIA will determine whether an alien is deported or is to receive some type of relief that would permit him or her to remain in the United States, since any subsequent appeals to a federal district or circuit court...
  • Feds to work more felonies (Iowa)

    09/01/2002 3:16:17 PM PDT · by Sandy · 6 replies · 246+ views
    The Hawk Eye ^ | August 28, 2002 | Stephen A. Martin
    Federal authorities will begin working more southeast Iowa felony cases, Des Moines County Attorney Pat Jackson said. Jackson said officials from the U.S. Attorney's office in Des Moines have assured him the four new agents being added to offices in the Quad Cities aren't interested in taking cases away from local prosecutors. Instead, he said, a new focus on prosecuting gun crimes and explosives–related offenses will ultimately help local authorities by reducing their workload. "Our felony cases are the most time–intensive cases, and those are the ones they are interested in," Jackson said. Jackson gave a report Tuesday to...
  • Appeals court rules gun makers, sellers not liable in slayings (Arizona)

    09/01/2002 3:02:42 PM PDT · by Sandy · 9 replies · 12+ views
    Arizona Daily Star ^ | August 30, 2002 | Howard Fischer
    People who manufacture and sell guns that later are used to kill someone cannot be held liable, the Arizona Court of Appeals ruled. In a unanimous decision Thursday the three-judge panel threw out the claims of the families of three employees of an East Side Pizza Hut who were shot to death during a 1999 robbery. The appeals court rejected the families' contention that the defendants had a duty to have procedures designed to keep guns out of the hands of those who should not have them or foreseeably might commit a crime. An appeal to the state Supreme...
  • Ashcroft's Bad Aim -- What is going on with the Justice Department and guns?

    08/06/2002 11:24:12 PM PDT · by Sandy · 17 replies · 130+ views
    Legal Times / Law.com ^ | 07-31-2002 | Dennis A. Henigan
    Last year, John Ashcroft proposed a new policy of destroying Brady Act gun purchase records after 24 hours, even though a federal appeals court had ruled that it is perfectly legal for the department to maintain those records for six months to audit the background check system. The attorney general cited the "privacy interests" of gun buyers as paramount. He ignored the Federal Bureau of Investigation's recommendation that the record retention period be increased to one year. And he ignored warnings, confirmed by a General Accounting Office report last week, that a 24-hour policy would prevent authorities from retrieving guns...
  • U.S. Plan Addresses Homelessness (Bush Administration strategy to end chronic homelessness)

    07/21/2002 6:40:01 PM PDT · by Sandy · 21 replies · 546+ views
    FindLaw/AP ^ | 7/19/02 | Genaro C. Armas
    WASHINGTON (AP) - The Bush administration outlined a $35 million initiative Friday to stamp out chronic homelessness, targeting people with addictions or disabilities, who have lived on the streets for over a year.The effort reallocates existing funding from three federal agencies - Housing and Urban Development, Health and Human Services and the Veterans Administration - into programs that provide permanent housing and social services for the homeless.HUD Secretary Mel Martinez said he would like to eliminate chronic homelessness within 10 years."This joint collaboration on homelessness has never been tried before. Yet it makes perfect sense," Martinez said in a...
  • California Supreme Court: Don't Tell Jurors to Rat on Each Other

    07/20/2002 4:51:45 PM PDT · by Sandy · 17 replies · 422+ views
    Law.com/The Recorder ^ | 7/22/02 | Dennis J. Opatrny
    The California Supreme Court on Thursday told trial judges to stop telling jurors to snitch on fellow jurors they suspect of misconduct during deliberations. In a 4-3 decision, the majority held that a jury instruction directing jurors to speak out about each other disrupts court proceedings. "We believe the instruction has the potential to intrude unnecessarily on the deliberative process and affect it adversely -- both with respect to the freedom of jurors to express their differing views during deliberations and the proper receptivity they should accord the views of their fellow jurors," Chief Justice Ronald George wrote for the...
  • Destruction of handgun adds degree of closure (murder weapon cut to pieces)

    07/17/2002 2:35:06 PM PDT · by Sandy · 51 replies · 323+ views
    Portland Press Herald ^ | 7-12-02 | Gregory D. Kesich
    Six years after her son's murder, Debbie O'Brien is finally going through the things he left behind, touching each object, carefully storing what she wants, and letting the rest go. His baby shoes she will keep - she's had them bronzed. Winter coats and sweaters have been donated to the homeless shelters. His old stereo and guitar went out with the trash. On Thursday, O'Brien and her husband, Jay, took care of one more thing. The mother and father from Kennebunk watched as the gun used to kill Devin O'Brien was cut into useless pieces by a state firearms...
  • President Bush Announces the Recipients of the Presidential Medal of Freedom

    06/20/2002 11:07:58 PM PDT · by Sandy · 5 replies · 144+ views
    White House ^ | 6/20/02
    President George W. Bush today announced the recipients of the Presidential Medal of Freedom. The Presidential Medal of Freedom is the Nation's highest civilian honor. It was established by President Truman in 1945 to recognize civilians for their service during World War II, and it was reinstated by President Kennedy in 1963 to honor distinguished service. President Bush will award the Medals of Freedom to the recipients at a ceremony in July. Hank Aaron is one of the most accomplished players in the history of baseball. Aaron holds the career records for home runs, 755 in his 23-year career, runs-batted-in...
  • Religious Group May Solicit, Supreme Court Rules

    06/17/2002 1:22:35 PM PDT · by Sandy · 18 replies · 47+ views
    FindLaw/AP ^ | 6-17-02 | James Vicini
    WASHINGTON (Reuters) - The U.S. Supreme Court ruled on Monday that an ordinance requiring Jehovah's Witnesses or other door-to-door advocates for religious or political causes to get a permit violates free-speech rights. The high court ruled for a local congregation of Jehovah's Witnesses and the Watchtower Bible and Tract Society of New York, a nonprofit publisher of church literature, in striking down the law regulating uninvited peddling and solicitation. The justices, by a 8-1 vote, ruled the ordinance in the tiny village of Stratton, Ohio, infringed on the rights of the Jehovah's Witnesses, a faith whose members go from house...
  • House to Introduce $350B Drug Plan

    06/17/2002 12:59:24 PM PDT · by Sandy · 36 replies · 115+ views
    FindLaw/AP ^ | June 17, 2002 | Janelle Carter
    WASHINGTON (AP) - House Republicans are calling for a prescription drug benefit that is two-thirds more than what President Bush proposed but less than half of what Democrats want. The long-awaited proposal was being unveiled Monday. Its movement through the House sets in motion what is expected to be a lively debate for the fall elections.The bill, which would cost $350 billion over 10 years, would spend the bulk of the money - at least $300 billion - on a prescription drug proposal, House aides said. President Bush had proposed spending $190 billion. House Democrats last week unveiled a plan...
  • Living in Exile -- Federal prisons are filling up with people whose only crime is gun possession

    06/12/2002 12:59:41 PM PDT · by Sandy · 68 replies · 3,430+ views
    Denver Westword ^ | Mar 21, 2002 | David Holthouse
    On February 14, Denver mayor Wellington Webb made Tom Strickland his valentine. At a press conference at Civic Center Park, Webb presented the former U.S. attorney turned Democratic candidate for U.S. Senate with a glittering endorsement. In praising his many efforts as Colorado's chief federal prosecutor, the mayor paid special attention to Strickland's role in implementing Project Exile, a program in which previously convicted felons caught with firearms are marked for harsh federal prosecution. "Tom was sworn in the day after the terrible tragedy at Columbine, and he vowed to target gun violence and make our neighborhoods safer," Webb...
  • Can 9/11 victims' families sue fed govt if it could have prevented the attacks and did not do so?

    06/03/2002 5:17:59 PM PDT · by Sandy · 2 replies · 1+ views
    FindLaw's Writ ^ | 5-21-2002 | Anthony J. Sebok
    Lately, the media have focused closely on the government's failure to capitalize on pre-September 11 information concerning al Qaeda activities in American flight schools. Especially significant, and a potential "smoking gun," is a Phoenix memo that sets forth one FBI agent's all too prescient suspicions, yet was largely ignored at the time. The government's failure to capitalize on this and other information has set off a debate in Washington -- one that has broken down along predictable partisan lines. Meanwhile, President Bush and his advisors have adopted a defensive posture reminiscent of the behavior of many corporations after a massive...
  • Here's the DOJ briefs to the Supreme Court that we've been reading about (Emerson, etc)

    05/10/2002 4:49:32 PM PDT · by Sandy · 6 replies · 347+ views
    I don't think these have been posted yet. These are the 2 briefs that we've been reading about for the last few days. Emerson v. United States ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT; BRIEF FOR THE UNITED STATES IN OPPOSITIONHaney v. United States ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT; BRIEF FOR THE UNITED STATES IN OPPOSITION
  • Free to Work -- Economic liberty may finally win judicial respect

    05/08/2002 4:07:25 PM PDT · by Sandy · 7 replies · 129+ views
    Law.com/Legal Times ^ | May 6, 2002 | Clint Bolick
    Two black-letter-law, dead-certain things they tell you when you're studying for the bar exam are: (1) If the court applies the "rational basis" standard, the plaintiff always loses; and (2) the 14th Amendment's "privileges or immunities" clause is never the right answer. Now both these incontrovertible facts may be starting to change. Why? Because Americans' constitutional right to economic liberty, long accorded little respect and even less jurisprudential status, is enjoying something of a renaissance. It may experience a complete rebirth if cases now working their way toward the U.S. Supreme Court receive the reception they warrant. A warm...
  • Concert drug net snares 200 arrests (Alabama)

    05/01/2002 1:39:42 AM PDT · by Sandy · 79 replies · 738+ views
    Birmingham News ^ | 4-29-02 | Adam Goldman
    James Clemmons sat Indian-style, hands cuffed and a cigarette dangling from his mouth. The 24-year-old St. Clair County Correctional Facility guard was charged with possession of drug paraphernalia and arrested at the Widespread Panic concerts this weekend at the Oak Mountain Amphitheatre. "Can I call my warden?" Clemmons asked from the asphalt. Operation Don't Panic, staged by the Alabama Alcoholic Beverage Control Board and Pelham Police Department, involved thousands of dollars, hundreds of worker hours and dozens of uniformed and plainclothes officers. It was one of the biggest ABC operations in recent memory. The ABC saturated the amphitheater parking lots...
  • Net radio will pull plug this week to protest fees

    04/30/2002 1:30:55 AM PDT · by Sandy · 5 replies · 2+ views
    USA Today ^ | 4-29-02 | Jefferson Graham
    <p>Hundreds of Internet radio stations plan to go silent Wednesday to protest proposed record-label royalty payments they say would endanger their industry.</p> <p>Radio Free Virgin, Stanford University's KZXU, Choice Radio and KING of Seattle are some of the Web radio services that will take part with either total silence or non-stop public service announcements on the issue.</p>
  • 3rd Circuit Deals Internet Sports Gambling a Setback

    04/22/2002 4:51:44 AM PDT · by Sandy · 4 replies · 741+ views
    The Legal Intelligencer via Law.com ^ | April 22, 2002 | Shannon P. Duffy
    Although gambling on sports is perfectly legal in the United Kingdom and the Isle of Man, two of the companies they licensed to accept bets suffered a major setback in the U.S. courts last week in a decision that gives the government the power to seize funds from a New Jersey company that acted as their financial middleman for bets placed by Americans. The decision by the 3rd U.S. Circuit Court of Appeals in United States v. $734,578.82 in United States Currency is sure to have resounding effects because the foreign companies advertised to Americans on the Internet and insisted...
  • Can anyone confirm this? (Creepy)

    03/26/2002 11:12:54 AM PST · by Sandy · 86 replies · 37+ views
    (This is an except from a longer article regarding the Eagle design on the US 57-cent; link above.) [The] Imperial Eagle design on the new US 57-cent State Security stamp will also be used for the triangular arm badges given to those participating in the new Neighborhood Watch program. The Neighborhood Watch program will be distributing $27 street signs and orange and black knit caps as well as arm badges. A new commercial with Ed McMahon, the new Department of Justice spokesman, is advertising this program on TV. He's the pitchman for the Neighborhood Watch and the Civilian Defense Force...
  • President Outlines Plan to Help World's Poor -- Remarks at UN Financing for Development Conference

    03/24/2002 6:39:23 PM PST · by Sandy · 2 replies · 185+ views
    White House ^ | March 22, 2002
    Remarks by the President at United Nations Financing for Development ConferenceCintermex Convention Center Monterrey, Mexico Good morning. We meet at a moment of new hope and age-old struggle, the battle against world poverty. I'm honored to be with so many distinguished leaders who are committed to this cause. I'm here today to reaffirm the commitment of the United States to bring hope and opportunity to the world's poorest people, and to call for a new compact for development defined by greater accountability for rich and poor nations, alike. I want to thank Vicente Fox, el Presidente de Mexico, and the...
  • USWA Says President's Tariff Decision Sets Stage For Aiding Victims Of Unfair Trade

    03/05/2002 4:54:07 PM PST · by Sandy · 3 replies · 55+ views
    Union hails outcome as &quot;victory for grassroots activism&quot;; says it creates &quot;a moral imperative&quot; for Congress to protect health care benefits of retirees Pittsburgh - The United Steelworkers of America (USWA) said today that President Bush's decision to impose significant tariffs on many steel imports for three years &quot;raises our hopes that America's steel industry can be saved and sets the stage for legislation necessary to protect the health care benefits of 600,000 steelworker retirees whose benefits remain at risk.&quot; &quot;The grassroots activism of literally tens of thousands of citizens from steel communities throughout the nation's industrial heartland,&quot; said USWA ...
  • Alabama Supreme Court Chief Justice Moore's written opinion (full text, properly formatted)

    02/20/2002 12:11:04 PM PST · by Sandy · 23 replies · 377+ views
    Find Law ^ | 2/15/02
    MOORE, Chief Justice (concurring specially). Introduction I concur in the opinion of the majority that D.H., the mother of the minor children in this case, did not establish a change of circumstances sufficient to transfer custody to her from H.H., the father of the minor children. I write specially to state that the homosexual conduct of a parent -- conduct involving a sexual relationship between two persons of the same gender -- creates a strong presumption of unfitness that alone is sufficient justification for denying that parent custody of his or her own children or prohibiting the adoption of the ...
  • President Bush Announces Drug Control Strategy -- Remarks by the President plus Fact Sheet

    02/12/2002 1:29:49 PM PST · by Sandy · 27 replies · 374+ views
    White House ^ | 2/12/02
    Remarks by the President on the 2002 National Drug Control Strategy The East Room 1:40 P.M. EST THE PRESIDENT:&nbsp;&nbsp;Well, thank you very much, John.&nbsp;&nbsp;This nation has got some big challenges ahead of her.&nbsp;&nbsp;One big challenge, of course, is to defend freedom, is to remain united as we fight for the very values that we hold so dear. And another big challenge is to battle drug use.&nbsp;&nbsp;Drugs undermine the health of our citizens; they destroy the souls of our children.&nbsp;&nbsp;And the drug trade supports terrorist networks.&nbsp;&nbsp;When people purchase drugs, they put money in the hands of those who want to hurt ...