Keyword: expostfacto

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  • [UK] Work program ‘incompatible’ with EU human rights laws, says judge

    07/04/2014 7:31:55 AM PDT · by Olog-hai · 7 replies
    Daily Telegraph (UK) ^ | 11:53AM BST 04 Jul 2014 | Peter Dominiczak
    Iain Duncan Smith has pledged to appeal after a judge ruled that emergency legislation introduced over a flagship back-to-work program is “incompatible” with European human rights laws. The Department for Work and Pensions (DWP) said that it “disagrees” with Mrs. Justice Lang, who said that retrospective legislation introduced interfered with the “right to a fair trial” under the European Convention on Human Rights. Human rights lawyers said the judgment was a “damning assessment” and, if upheld on appeal, could lead to some Ł130 million having to be paid out to thousands of jobseeker’s allowance claimants denied benefits under the schemes....
  • Google cannot be broken up without new legislation, says EU Competition Commissioner

    05/20/2014 4:56:18 PM PDT · by Olog-hai · 10 replies
    EurActiv ^ | 20/05/2014 - 14:40 | James Crisp
    Google cannot be broken up into smaller companies without new EU legislation, the European Commission said today (20 May), after detailing two potential new antitrust investigations into the internet giant. Competition Commissioner Joaquín Almunia was responding to comments made earlier this week by German’s Economy Minister Sigmar Gabriel, who said Google may have such a dominant market position that a break-up had to be “seriously considered.” Existing competition law was not powerful enough to split up the business, Almunia said. The California-based company may yet face a separate antitrust investigation to the one ongoing since November 2012. Open Internet Project,...
  • EU lawmakers smooth way for class actions against cartels

    04/19/2014 1:17:25 AM PDT · by Olog-hai · 1 replies
    Reuters ^ | Thu Apr 17, 2014 5:18pm BST | Foo Yun Chee
    European lawmakers on Thursday eased the way for cartel victims to claim compensation from companies under new rules that also shield price-fixing whistleblowers from being the main target of million-euro lawsuits. The green light from the European Parliament came nine years after the European Commission broached the idea, seeing it as an additional tool, on top of fines, to deter companies from breaking antitrust laws. According to the Commission, only one in four cartels and antitrust infringements faced damages claims in the last seven years. Its 2010 estimate put the cost of unrecovered damages of infringements at over €20 billion...
  • So you say you want a revolution…

    04/15/2014 8:52:11 PM PDT · by Redcloak · 26 replies
    San Fernando Valley NRA Members' Council ^ | 4/15/2014 | SF Valley NRA Members' Council
    First, let’s be clear that this is about perceptions. The BLM vs. Cliven Bundy story isn’t about who’s in the right or who’s in control; it’s about who appears  to be in the right and about who appears to be in control.A little background first. Cliven Bundy is a rancher who lives outside of Mesquite, Nevada. His family has been ranching on that land since before Nevada became a State. The Bureau of Land Management, BLM, claims control of the land the Bundys graze their cattle on. Bundy’s position, in a nutshell, is “I was here first”. But like I said, the right or...
  • [Video] The Connecticut Gun Control Laws Explained In 2 Minutes

    03/16/2014 7:05:53 PM PDT · by RealityAlwaysWins · 7 replies
    Youtube ^ | 3/16/2014 | Reality Always Wins
    Connecticut's idiotic magazine ban and other gun control measures are taken apart in this video: What It Is Like Being A Gun Owner In ConnecticutIt won't reduce crime, it wouldn't have stopped Sandy Hook from happening, and now thousands of Connecticut gun owners are now considered felons through no fault of their own.
  • Rich People Leaving California for Mysterious Reason

    01/15/2014 9:21:21 PM PST · by Beave Meister · 74 replies
    Frontpage Mag ^ | 1/15/2014 | Daniel Greenfield
    It’s okay, the 1 percent only pays 41 percent of California’s income taxes. And half the state pays no income tax at all. No one will even notice they’re gone. Prop. 30, approved by voters in November 2012, raised state income taxes retroactively to Jan. 1, 2012, on singles making more than $250,000 and married couples making $500,000. It raised rates by one, two or three percentage points through 2018, bringing the top rate on incomes above $1 million to 13.3 percent, the highest in the nation. Bryan Goldberg, who founded the Bleacher Report sports website and sold it to...
  • Just Because I'm Paranoid: Addressing Obstacles to Gun Control

    12/30/2013 4:26:52 PM PST · by marktwain · 19 replies
    didtheyvote.com ^ | 29 December, 2013 | Keith Kaplan
    The story of Joseph Pelleteri and others like him create one of the biggest obstacles to "commons sense" gun legislation -- the fear that otherwise law abiding citizens will be snared in a law enforcement nightmare.  It is that fear, embodied in the prosecutions of people attempting to navigate a labyrinthine system of regulations that dooms most gun control measures. Imagine winning a brand new sports car with a V8 engine in a contest hosted by your local police department.  You keep the car in your garage, never driving it, and one day while the cops are at your home...
  • Miami Shores Sues Village Over Veggies (ban on growing food in garden)

    11/19/2013 12:17:14 PM PST · by Olog-hai · 14 replies
    CBS Miami ^ | November 19, 2013 12:27 PM
    A Miami Shores couple is taking the city to court over veggies. For 17 years they grew vegetables in their front yard. But last May, Miami Shores’ Code Enforcement officers inspected Hermine Ricketts and husband Tom Carroll’s property and informed them that they were breaking the law by having a vegetable garden in front of their home. … Miami Shores passed an ordinance that went into effect last May which banned front yard vegetable gardens. The city threatened Ricketts and Carroll with fines of $50 a day, or about $1,500 per month, if they did not uproot the garden. Unable...
  • California: How about a retroactive tax grab, plus interest?

    03/20/2013 9:33:00 AM PDT · by Sir Napsalot · 23 replies
    Hot Air ^ | 3-20-2013 | Erika Johnsen
    In his State of the State address in January, Gov. Jerry Brown proudly proclaimed that, “Two years ago, they were writing our obituary. Well it didn’t happen. California is back, its budget is balanced, and we are on the move.” …Which is interesting, because the January unemployment numbers just came in, and California is apparently competing with Rhode Island for the worst state unemployment rate in the country. (SNIP) .... the wealthy coasts and the tech industry are helping to keep everything propped up — but it seems that the progressive state just can’t resist taking a little off the...
  • Congressional Research Service confirms Jefferson's (11-time RAT felon-La) pension should continue

    12/15/2012 3:45:42 PM PST · by Libloather · 3 replies
    NOLA ^ | 12/12/12 | Bruce Alpert
    Congressional Research Service confirms Jefferson's pension should continueBy Bruce Alpert updated December 12, 2012 at 7:27 PM WASHINGTON - A new report by the Congressional Research Service reiterates previous legal findings -- that Congress can't deny pension benefits to former members for criminal conduct covered by a 2007 law if the illegal acts occurred before the law's enactment. That means former Rep. William Jefferson, D-New Orleans, now serving a record 13-year prison sentence, will continue to collect his pension -- estimated at $40,000-$50,000 a year. Until 2007, only crimes relating to espionage, treason or several other national security violations could...
  • CT Considers Confiscating ‘Large Capacity’ Magazines

    03/23/2011 7:44:40 AM PDT · by OldDeckHand · 48 replies
    NRO ^ | 03/23/2011 | Daniel Gelernter
    Today, a Connecticut bill banning “large capacity” magazines will have its first public hearing. Six other states have such bans in effect, though no state has demonstrated its ban has had any effect on crime. The states disagree on what constitutes “large capacity”: 10 rounds in California, 15 in New Jersey, 20 in Maryland. Connecticut says 10 rounds; its definition of “large capacity” magazines is copied almost word for word from California law. But there is no reason outside bureaucratic whim for one definition over another. People who have such magazines haven’t necessarily gone out to buy them specially —...
  • Miranda Rights For Terrorists, Ex Post Facto Law For BP

    05/05/2010 7:20:53 AM PDT · by governsleastgovernsbest · 23 replies · 668+ views
    NewsBusters ^ | Mark Finkelstein
    Pres. Obama believes in Miranda rights and civilian trials for terrorists who have killed or seek to kill Americans. But when it comes to companies that have supplied untold quantitites of energy resources to the American economy and paid out billions in wages and supply purchases to American workers and firms, well, punitive ex post facto laws are PBO's order of the day. Under the law of the land, the Oil Pollution Act limits BP's liability for spill-related to damages to $75 million. But Pres. Obama "strongly supports" the adoption of an ex post facto law that would retroactively expand...
  • A Constitutionally Illiterate Congress

    03/23/2009 5:33:34 AM PDT · by Scanian · 11 replies · 794+ views
    Canada Free Press ^ | March 23, 2009 | Nancy Salvato
    The definition of a citizen is one who is ruled and can rule in turn. We must have the capacity for both under the law. All citizens must be able to take the following oath of office: “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on...
  • The AIG Bill: Counterproductive and Unconstitutional

    03/21/2009 6:26:32 AM PDT · by Oldeconomybuyer · 8 replies · 602+ views
    The Heritage Foundation ^ | March 20, 2009 | Rory Cooper
    The Real Problem, Plain and Simple How We Got Here: Senator Chris Dodd would like you to forget that he inserted specific language recognizing AIG’s executive compensation into the $800 billion stimulus bill, which Finance Chairman Max Baucus now admits nobody read. Government Bailouts: This is the inevitable result of government bailouts, which turn private concerns (such as compensation agreements between private parties) into public business, bringing politics where it is likely to do damage. Hasty Bills Make Disastrous Policy: The very fact that this problem was created by a mega-bill that wasn’t properly reviewed before passage—and is now being...
  • Obama: AIG Tax Reflects 'Outrage' Over Bonuses

    03/20/2009 9:39:39 PM PDT · by sickoflibs · 61 replies · 2,092+ views
    kdka channel 2 ^ | Mar 19, 2009 | WASHINGTON (AP)
    President Barack Obama says the House's vote to slap a hefty tax on lavish employee bonuses "rightly reflects the outrage" that so many people feel about insurance giant AIG. House lawmakers voted decisively Thursday to impose a 90 percent tax on millions of dollars in employee bonuses paid by troubled insurance giant AIG and other bailed-out companies. Noting that the legislation now moves to the Senate, Obama said he looks forward to receiving a final bill. He said he wants to receive legislation that will send a strong signal to business executives "that such compensation will not be tolerated." Obama...
  • Attempts to recover AIG bonuses via taxation are unconstitutional

    03/17/2009 1:32:20 PM PDT · by Constitutionalist Conservative · 23 replies · 958+ views
    Fox News reports on one popular idea bouncing around Congress as the torch-and-pitchfork mob tries to figure out a way to punish AIG for honoring its executive compensation contracts:Senate and House lawmakers on Monday night returned to the idea of imposing heavy taxes to recover the bonus money. "You can write a tax provision targeted specifically at 98 percent of the taxable proceeds," Dodd said, adding that it wouldn't violate the terms of the AIG contracts. Rep. Carolyn Maloney D-N.Y, the chair of the Joint Economic Committee, also called for a 100 percent tax on bonuses not related to commissions....
  • Tracking Sex Offenders Is Unconstitutional

    02/09/2007 5:47:00 PM PST · by Diana in Wisconsin · 89 replies · 1,986+ views
    Madison.com via AP ^ | February 9, 2007 | Staff Writer @ AP
    A new state law forcing sexual predators to wear tracking devices for the rest of their lives is unconstitutional, according to three University of Wisconsin-Madison law professors. The measure violates privacy rights and amounts to punishment and warrantless surveillance when applied to offenders who aren't on parole or government supervision, the professors said in a letter sent to Corrections Secretary Matthew Frank on Feb. 3. "A clearer example of governmental intrusion into personal privacy is difficult to imagine," wrote law professors Walter Dickey, Byron Lichstein and Meredith Ross. The law's main author, state Rep. Scott Suder, R-Abbotsford, called the professors...
  • Non-Retroactive Sexual Predators

    10/29/2005 2:06:43 AM PDT · by Quaker · 43 replies · 981+ views
    AP via Tampa Bay Online ^ | 10/27/2005 | Pasco Conservative
    This courtesy of the AP: Justices Say Sexual Predator Expansion Not Retroactive Oct 27, 2005 TALLAHASSEE, Fla. (AP) - An offender who did not qualify as a sexual predator when sentenced cannot later receive that designation even if the criteria is changed to include his crime, the Florida Supreme Court ruled Thursday. Sexual predators must register with the state for the rest of their lives and their whereabouts are public information. Assistant Deputy Attorney Generalde at sentencing, not later, except for out-of-state convictions. John Richard Therrien did not meet the criteria when he was sentenced, she wrote. Therrien was 16...
  • Warrants: Limbaugh Was 'Doctor Shopping'

    12/04/2003 2:44:23 PM PST · by Lucky2 · 283 replies · 839+ views
    My Way.Com ^ | 12/4/03 | Jill Barton
    WEST PALM BEACH, Fla. (AP) - Investigators raided the offices of Rush Limbaugh's doctor Thursday, saying in search warrants that the conservative radio commentator engaged in illegal drug use and "doctor shopping" for prescription painkillers. The warrants show investigators were looking for records including prescription disbursements, appointment schedules, receipts and a medical questionnaire. "Mr. Limbaugh's actions violate the letter, and spirit" of the law that relates to "doctor shopping," stated one of warrants, signed by Asim Brown, a law enforcement agent assigned to the state attorney's office anti-money laundering task force. Doctor shopping refers to looking for a doctor willing...
  • Hundreds of molest cases face review after Supreme Court ruling; two molestation defendants freed

    06/30/2003 7:02:16 PM PDT · by Brian S · 15 replies · 281+ views
    <p>California judges ordered two molestation defendants freed Monday as authorities sought to determine how many cases may be voided by the U.S. Supreme Court's rejection of a law that allowed prosecution of decades-old sex abuse allegations.</p> <p>The ruling was denounced by people who have accused priests of crimes, while prosecutors emphasized that the fallout from the high court's decision will extend far beyond the high-profile clergy sex abuse scandal that has rocked the Roman Catholic church.</p>
  • Court Strikes Down Law on Old Sex Crimes [Statutes of Limitations]

    06/26/2003 7:12:47 AM PDT · by AntiGuv · 18 replies · 418+ views
    Associated Press ^ | June 26, 2003 | Gina Holland
    WASHINGTON (AP) -- The Supreme Court ruled Thursday that the government cannot retroactively erase statutes of limitations, a defeat for prosecutors trying to pursue priests accused of long-ago sex abuse. On a 5-4 vote, the justices struck down a California law that allowed prosecutions for old sex crimes. It was challenged by a 72-year-old man accused of molesting his daughters when they were children. The case was closely watched because of sex abuse problems in the Roman Catholic church, but it also has implications for terrorism and other crimes. Justice Stephen Breyer, writing for the court, said the Constitution bars...
  • Bill to repeal Lautenberg Amendment introduced!

    02/04/2003 1:40:49 AM PST · by Richard-SIA · 27 replies · 2,493+ views
    VERIFIED ON THOMAS, LOOKS LIKE GOODE MAY BE ONE OF THE GOOD GUYS! This bill actually made pretty good progress last session, Lautenberg is so clearly unconstitutional and cost so many L.E. and military officers their jobs that it might actually be possible to repeal it. Yes, it's author is back in office, but in the minority party, and he never would have got this "passed" in the first place if it had not been literally hidden in a huge spending bill. Now it's out in the open, and only radical feminazi's irrational fantasies can still support it. This bill...