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thinkahol *

Roberts, Alito, Thomas, Scalia are (RATS) Protecting the Oligarchy and Rewriting the Co... - 0 views

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    Both Supreme Court justices Antonin Scalia and Clarence Thomas describe themselves as "originalists," meaning that they believe they possess the innate knowledge of exactly what the Founding Fathers intended when they penned the U.S. Constitution. Given such an almost reverent standard it is fair to ask a few questions regarding the Judiciary branch of government which, in my opinion, no longer represents the people of our country. It has become so deeply immersed in right-wing ideology that there is little resemblance to the this branch of government today and when the Founding Fathers established it. Did the Founding Fathers intend that Supreme Court judges sitting on the highest court of the land can decide who the president should be, especially if one of those judges was appointed by the father of one of the complainants? Surely, most of us would agree, that judge should be disqualified from involvement in such an extraordinary decision. Did the Founding Fathers intend that a judge sitting on the highest court of the land to be cozy with incendiary, hate-mongering partisan extremists who make seditious statements for the sole purpose of undermining and subverting democracy? Surely, you would ask, should a judge deciding cases on the Supreme court be colluding and conniving with a Screech Radio insurrectionist who spouts non-stop hatred and incites violence against our president and elected officials? Did the Founding Fathers also intend for the spouse of a sitting Supreme Court justice to be actively fomenting hatred, insurrection and subversion, the sole aim of which is to overthrow, even by armed insurrection, a democratically-elected president and political party? Surely, the Founding Fathers did not intend for that to be an admirable or patriotic role of the spouse of a Supreme Court justice? The solid phalanx of activist, partisan ideologues, Roberts,
thinkahol *

Court Rules US Taxpayers, Not BP Or Transocean, Are Liable For Gulf Oil Spill Clean Up ... - 0 views

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    US District court has dismissed over 100,000 lawsuits brought against BP And Transocean to pay for oil spill clean up costs and environmental damages caused to the Gulf of Mexico from the BP Gulf Oil Spill. The court ruled that injury stopped the moment the well was sealed and the Federal Government, aka The US Taxpayer, is now liable for clean up costs along with any damages caused by deficiencies of the cleanup of the Gulf Of Mexico.
thinkahol *

U.S. Justice v. the world - Glenn Greenwald - Salon.com - 0 views

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    In March, 2002, American citizen Jose Padilla was arrested in Chicago and publicly accused by then-Attorney-General John Ashcroft of being "The Dirty Bomber."  Shortly thereafter, he was transferred to a military brig in South Carolina, where he was held for almost two years completely incommunicado (charged with no crime and denied all access to the outside world, including even a lawyer) and was brutally tortured, both physically and psychologically.  All of this -- including the torture -- was carried out pursuant to orders from President Bush, Secretary Rumsfeld and other high-ranking officials.  Just as the Supreme Court was about to hear Padilla's plea to be charged or released -- and thus finally decide if the President has the power to imprison American citizens on U.S. soil with no charges of any kind -- the Government indicted him in a federal court on charges far less serious than Ashcroft had touted years earlier, causing the Supreme Court to dismiss Padilla's arguments as "moot"; Padilla was then convicted and sentenced to 17 years in prison.
thinkahol *

ThinkProgress » GOP Bill Shifts Oil Drilling Cases To Court Dominated By Judg... - 0 views

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    Yesterday, the House passed the so-called "Putting the Gulf Back to Work Act," which is intended to make it easier for the oil industry to drill in the Gulf of Mexico. Sadly, this bill also continues the GOP's longstanding practice of rigging the court system to favor wealthy and influential interest groups. Tucked within the bill is a provision that consigns many lawsuits involving oil drilling into a federal court that is dominated by judges with close ties to the oil industry:
thinkahol *

United States v. Dougherty - Wikipedia, the free encyclopedia - 0 views

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    United States v. Dougherty was a 1972 decision by the United States Court of Appeals for the District of Columbia in which the court ruled that members of the D.C. Nine, who had broken into Dow Chemical Company, vandalized office furniture and equipment, and spilled about a bloodlike substance, were not entitled to a new trial on the basis of the judge's failing to allow a jury nullification jury instruction. The Appeals Court ruled, by a 2-1 vote: " The fact that there is widespread existence of the jury's prerogative, and approval of its existence as a "necessary counter to casehardened judges and arbitrary prosecutors," does not establish as an imperative that the jury must be informed by the judge of that power. On the contrary, it is pragmatically useful to structure instructions in such wise that the jury must feel strongly about the values involved in the case, so strongly that it must itself identify the case as establishing a call of high conscience, and must independently initiate and undertake an act in contravention of the established instructions. This requirement of independent jury conception confines the happening of the lawless jury to the occasional instance that does not violate, and viewed as an exception may even enhance, the over-all normative effect of the rule of law. An explicit instruction to a jury conveys an implied approval that runs the risk of degrading the legal structure requisite for true freedom, for an ordered liberty that protects against anarchy as well as tyranny. " Nonetheless, the defendants were given a new trial on the grounds that they had been denied their right of self-representation.[1] The Circuit Judges' assumption that jurors know about their nullification prerogative has since been brought into question by other empirical evidence.[2] According to Irwin Horowitz, "Beyond the empirical issue, lack of nullification instructions maintains a deceit. After all, juries can nullify, but they know this fact only on a so
Muslim Academy

Rape Case Court Scenario In New Dehli - 0 views

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    Recently in New Delhi there were around five men that were accused of raping and killing an Indian woman. The attack on the twenty-three year old lady has led to many protests around the country. It has led to wide outrage and demand for the protection of women and dealing with sexual attacks. The suspects were brought in front of the court on Monday in New Delhi and there was a lot of security in the area.
thinkahol *

Supreme Court Takes Ashcroft Appeal in Detention Case | Threat Level | Wired.com - 0 views

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    The Supreme Court agreed Monday to decide whether former Attorney General John Ashcroft may be sued by an American detained for 16 days. It's a case that a
thinkahol *

VICTORY! Court Says Plaintiffs Can Challenge Bush Wiretapping Law » Blog of R... - 0 views

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    In a huge victory for privacy and the rule of law, a federal appeals court today reinstated our landmark lawsuit challenging the FISA Amendments Act (FAA), a statute that gives the executive branch virtually unchecked power to collect Americans' international e-mails and telephone calls.
thinkahol *

State Secrecy and Official Criminality-By Scott Horton (Harper's Magazine) - 0 views

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    The Ninth Circuit Court of Appeals split down the middle in finding (PDF) that the Justice Department was entitled to halt a civil lawsuit between private parties because of the threat that the suit would expose state secrets. By the margin of a single vote, it reversed the decision of a panel of the same court (PDF) holding that the doctrine could only be applied to individual pieces of evidence, not to entire lawsuits.
thinkahol *

The ten-year anniversary of Bush v. Gore : The New Yorker - 0 views

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    Momentous Supreme Court cases tend to move quickly into the slipstream of the Court's history. In the first ten years after Brown v. Board of Education, the 1954 decision that ended the doctrine of separate but equal in public education, the Justices cited the case more than twenty-five times. In the ten years after Roe v. Wade, the abortion-rights decision of 1973, there were more than sixty-five references to that landmark. This month marks ten years since the Court, by a vote of five-to-four, terminated the election of 2000 and delivered the Presidency to George W. Bush. Over that decade, the Justices have provided a verdict of sorts on Bush v. Gore by the number of times they have cited it: zero.
thinkahol *

Obama wins the right to detain people with no habeas review - Glenn Greenwald - Salon.com - 0 views

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    Few issues highlight Barack Obama's extreme hypocrisy the way that Bagram does. As everyone knows, one of George Bush's most extreme policies was abducting people from all over the world -- far away from any battlefield -- and then detaining them at Guantanamo with no legal rights of any kind, not even the most minimal right to a habeas review in a federal court. Back in the day, this was called a "Bush's legal black hole." In 2006, Congress codified that policy by enacting the Military Commissions Act, but in 2008, the Supreme Court, in Boumediene v. Bush, ruled that provision unconstitutional, holding that the Constitution grants habeas corpus rights even to foreign nationals held at Guantanamo. Since then, detainees have won 35 out of 48 habeas hearings brought pursuant to Boumediene, on the ground that there was insufficient evidence to justify their detention. Immediately following Boumediene, the Bush administration argued that the decision was inapplicable to detainees at Bagram -- including even those detained outside of Afghanistan but then flown to Afghanistan to be imprisoned. Amazingly, the Bush DOJ -- in a lawsuit brought by Bagram detainees seeking habeas review of their detention -- contended that if they abduct someone and ship them to Guantanamo, then that person (under Boumediene) has the right to a habeas hearing, but if they instead ship them to Bagram, then the detainee has no rights of any kind. In other words, the detainee's Constitutional rights depends on where the Government decides to drop them off to be encaged. One of the first acts undertaken by the Obama DOJ that actually shocked civil libertarians was when, last February, as The New York Times put it, Obama lawyers "told a federal judge that military detainees in Afghanistan have no legal right to challenge their imprisonment there, embracing a key argument of former President Bush's legal team." . . .
Unified Patents

News - Supreme Court Grants Certiorari in Oil States v. Greene's - 0 views

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    The Supreme Court of the United States granted certiorari in Oil States Energy Servs., v. Greene's Energy Grp..... READ MORE
thinkahol *

Federal judge complicity - Salon.com - 0 views

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    The Supreme Court is asked to decide if governnment officials can be held accountable for torturing a US citizen
thinkahol *

Gay marriage: O learned judge | The Economist - 0 views

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    AS RULINGS go, Judge Vaughn Walker's verdict on August 4th in San Francisco was relentless. The state of California, he wrote, cannot ban, even by popular vote, gays and lesbians from marrying because this would violate America's constitution by denying some couples "a fundamental right without a legitimate (much less compelling) reason." His decision is certain to be appealed, and most watchers think it will end up before the Supreme Court. But whatever happens there, it represents a huge leap forward in America's long struggle over the civil rights of homosexuals.
Unified Patents

Q3 2016 Patent Dispute Report - 1 views

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    Overview: Although overall patent disputes in the district courts have decreased, PTAB filings continue to be stable and NPEs continue to account for more than half of new cases. For PTAB analytics and case information please go to portal.unifiedpatents.com Fig. 1: So far in 2016, 4,532* new patent infringement disputes were filed in district courts or at PTAB.
Unified Patents

The Gravity of PTAB Institution on Litigation - 1 views

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    Data suggests an inter partes review (IPR) institution decision is a defining moment in underlying litigation. Unified examined all district court settlements involving patents subject of IPR. The data revealed parties have shifted toward earlier settlements, usually just before an expected institution decision. The movement to pre-institution settlement shows the direct effects of PTAB on District Court.
thinkahol *

The Privatization of Copyright Lawmaking | TorrentFreak - 0 views

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    Copyright law strikes a balance between private rights and public interests. Not everyone likes the balance the law sets. Copyright owners complain that it does not adequately protect them from infringement of their works. Critics contend that copyright law tilts too far in favor of the interests of copyright owners and does not safeguard the rights of consumers. Yet because copyright law is public law-enacted by Congress, enforced where appropriate by the President, and interpreted and applied by the courts-there is plenty of opportunity to monitor the effects of the law and to debate the ways in which it should be reformed. Increasingly, however, copyright law is being privatized. Its meaning and application are determined not by governmental actors but by private parties, and in particular by deep-pocketed copyright owners. Increasingly, the balance between private rights and public interests is set by private lawmaking.
thinkahol *

Opposition to the rule of law - Glenn Greenwald - Salon.com - 0 views

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    Those claiming that terrorists don't belong in court -- because some might win -- reject basic American justice
thinkahol *

The Supreme Court Sold Out Our Democracy -- How to Fight the Corporate Takeover of Our ... - 0 views

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    Historian Thom Hartmann discusses the history of corruption that led up to the Supreme Court's Citizens United ruling.
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