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Sana ulHaq

In Supreme Court Work, Early Views of Kagan - 0 views

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    As a young law clerk working for Justice Thurgood MarshallSupreme Court in September 1987, Elena Kagan wrote an angry memorandum urging her boss to try to overturn a conservative appeals court ruling that had questioned the constitutionality of a rent-control ordinance.
Skeptical Debunker

NYT: Many polluters escape prosecution - The New York Times- msnbc.com - 0 views

  • Thousands of the nation’s largest water polluters are outside the Clean Water Act’s reach because the Supreme Court has left uncertain which waterways are protected by that law, according to interviews with regulators. As a result, some businesses are declaring that the law no longer applies to them. And pollution rates are rising. Companies that have spilled oil, carcinogens and dangerous bacteria into lakes, rivers and other waters are not being prosecuted, according to Environmental Protection Agency regulators working on those cases, who estimate that more than 1,500 major pollution investigations have been discontinued or shelved in the last four years. Story continues below ↓advertisement | your ad heredap('&PG=NBCMSN&AP=1089','300','250');The Clean Water Act was intended to end dangerous water pollution by regulating every major polluter. But today, regulators may be unable to prosecute as many as half of the nation’s largest known polluters because officials lack jurisdiction or because proving jurisdiction would be overwhelmingly difficult or time consuming, according to midlevel officials.
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    The best "justice" money can buy via packing the Supreme Court with "conservatives" is bearing smelly, polluted fruit. Specifically, those "conservatives" are showing themselves to be "activist judges" in "watering down" conservation and public safety laws passed by Congress. Polluting "business" entities are apparently NOT to be considered to be within the oft-quoted and loved "conservative" limitation of the purview of the federal government to merely protect the populace from "enemies foreign and domestic". That this pollution kills and injures thousands (and poisons the environment for the countless of the "unborn") apparently doesn't matter (but if Al Qaeda was doing it, then complete suspension of all domestic rights would be justified to "fight" that!). Pictured: In 2007, a pipe maker was fined millions of dollars for dumping oil, lead and zinc into Avondale Creek in Alabama. A court ruled the waterway was exempt from the Clean Water Act. The firm eventually settled by agreeing to pay a smaller amount and submit to probation.
Skeptical Debunker

Leaked intelligence documents: Here's what Facebook and Comcast will tell the police ab... - 0 views

  • The "Facebook Subpoena/Search Warrant Guidelines" from the Cryptome site are dated 2008, so there's a chance they've been superseded. The document spells out how law enforcement and intelligence agenices should go about requesting information about Facebook users, and details what information is turned over. Following is what Facebook will turn over about you, taken verbatim from the guide: Types of Information Available User Neoprint The Neoprint is an expanded view of a given user profile. A request should specify that they are requesting a “Neoprint of used Id XXXXXX”. User Photoprint The Photoprint is a compilation of all photos uploaded by the user that have not been deleted, along with all photos uploaded by any user which have the requested user tagged in them. A request should specify that they are requesting a “Photoprint of user Id XXXXXX”. User Contact Info All user contact information input by the user and not subsequently deleted by the user is available, regardless of whether it is visible in their profile. This information may include the following: Name Birth date Contact e-mail address(s) Physical address City State Zip Phone Cell Work phone Screen name (usually for AOL Messenger/iChat) Website With the exception of contact e-mail and activated mobile numbers, Facebook validates none of this information. A request should specify that they are requesting "Contact information of user specified by [some other piece of contact information]". No historical data is retained. Group Contact Info Where a group is known, we will provide a list of users currently registered in a group. We will also provide a PDF of the current status of the group profile page. A request should specify that they are requesting "Contact information for group XXXXXX". No historical data is retained. IP Logs IP logs can be produced for a given user ID or IP address. A request should specify that they are requesting the "IP log of user Id XXXXXX" or "IP log of IP address xxx.xxx.xxx.xxx". The log contains the following information: * Script – script executed. For instance, a profile view of the URL http://www.facebook.com/profile.php?id=29445421 would populate script with "profile.php" * Scriptget – additional information passed to the script. In the above example, scriptget would contain "id=29445421" * Userid – The Facebook user id of the account active for the request * View time – date of execution in Pacific Time * IP – source IP address IP log data is generally retained for 90 days from present date. However, this data source is under active and major redevelopment and data may be retained for a longer or shorter period. Special Requests The Facebook Security Team may be able to retrieve specific information not addressed in the general categories above. Please contact Facebook if you have a specific investigative need prior to issuing a subpoena or warrant.
  • Comcast The Comcast document is labeled "Comcast Cable Law Enforcement Handbook," and is dated 2007, so there's a possibility that it, too, has been superseded. As with the other documents, it explains how law enforcement agenices can get information, and details what information is available. There's a great deal of detail in the 35-page document, which describes what Internet, phone, and television information will be turned over. For example, here's the IP information it will make available: Comcast currently maintains Internet Protocol address log files for a period of 180 days. If Comcast is asked to respond for information relating to an incident that occurred beyond this period, we will not have responsive information and can not fulfill a legal request. (Comcast can process and respond to preservation requests as outlined below in this Handbook.) As expected, Comcast will also turn over the emails, including attachments, of those who use Comcast's email service, but "In cases involving another entity’s email service or account, Comcast would not have any access to or ability to access customer email in response to a legal request." Information Comcast turns over to law enforcement agencies varies according to the request. For example, a grand jury subpoena will yield more information than a judicial summons, as you can see in the excerpt below. Comcast notes, though, that this is just a sample, and that "Each request is evaluated and reviewed on a case by case basis in light of any special procedural or legal requirements and applicable laws." So the examples "are for illustration only."
  • For those who worry about privacy, though, all of this information is small potatoes. The real worry is about the use of what are called pen registers or trap-and-trace devices, which essentially capture all of your Internet activity --- the Web sites you visits, the emails you send and receive, IM traffic, downloads, and so on. Here's what the document says about them: Pen Register / Trap and Trace Device Title 18 U.S.C. § 3123 provides a mechanism for authorizing and approving the installation and use of a pen register or a trap and trace device pursuant to court order. All orders must be coordinated prior to submission to Comcast. Law enforcement will be asked to agree to reimburse Comcast's reasonable costs incurred to purchase and/or install and monitor necessary equipment. See "Reimbursement," below.
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  • As for your voice calls made via Comcast, here's what the company will turn over: Call Detail Records - Comcast maintains two years of historical call detail records (records of local and long distance connections) for our Comcast Digital Voice telephone service. This includes local, local toll, and long distance records. Comcast also currently provides traditional circuit-switched telephone service branded Comcast Digital Phone. Call detail records for this service are collected by AT&T and are available for approximately two years as well. To determine which type of service is involved, contact the Legal Demands Center—Voice and Video at 800-871-6298. Account Records - Account records are generally stored for approximately two years after the termination of an account. If the account has an outstanding balance due, records may be retained for a longer period of time. As with Internet information, what phone information will be turned over depends on the specific kind of legal request, and the examples "are for information only." Here's an excerpt:
  • And, as you would expect, there is the same pen register/trap-and-trace device language as in the section about the Internet. Oddly enough, it appears that when it comes to information about your television viewing habits, you have more privacy rights than you do when it comes to information about your Internet and voice use, because it can only be turned over in response to a court order, not a subpoena. Here's what the document has to say about TV information: Subscriber Account Identification and Related Records For subscribers to our cable television service, the Cable Act requires Comcast as a cable operator to disclose personally identifiable information to a governmental entity solely in response to a court order (and not, for example, a subpoena) or with the subscriber's express written consent. The Cable Act requires that the cable subscriber be afforded the opportunity to appear and contest in a court proceeding relevant to the court order any claims made in support of the court order. At the proceeding, the Cable Act requires the governmental entity to offer clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case. See 47 U.S.C. § 551(h). Why does the law give you more privacy protection over your television viewing habits than your Internet or phone use? I haven't a clue --- ask your congressman.
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    Wonder what information Facebook and Comcast will turn over to police and intelligence agencies about you? Cryptome, the site that last week posted the leaked Microsoft "spy" manual, has posted company documents that purport to describe what those companies will reveal about you. As with the Microsoft document, the information is eye-opening.
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 *

Democracy Died First in Wisconsin - Long Live the Oligarchs | Common Dreams - 0 views

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    The Wisconsin recall election was the first major test of the new era in American politics. That new era began in January of 2010 when the US Supreme Court ruled in Citizens United v. FEC that the political voice of We The People was no longer as important as the voices of billionaires and transnational corporations. Now we know the result, and it bodes ill for both 2012 and for the tattered future of small-d democracy in our republic. A few of America's most notorious oligarchs - including the Koch and the DeVos (Amway fortune) billionaires - as well as untraceable millions from donors who could as easily be Chinese government-run corporations as giant "American" companies who do most of their business and keep most of their profits outside the US - apparently played big in this election. I say "apparently" because the Supreme Court has ruled that we no longer have the right to know who is really funding our election commercials, or even our candidates themselves. Thanks to an irrational and likely illegal Supreme Court ruling, we have moved into an era of oligarch-run politics. As much as $40 million of our oligarch's money was spent in Wisconsin in a handful of local races - a testing laboratory for strategies that will now be used against Democrats nationwide in 2012. And so now we enter the battle of the oligarchs over the next fifteen or so months. As the old saying goes, when the elephants fight, the mice get trampled. In this case, the mice aren't just the voters. It's democracy itself. America is now - demonstrably, as proven by Wisconsin - just a few years away from the possibility of a totally corrupted, totally billionaire- and corporate-controlled political system. Political scientists call it oligarchy. The Citizens United election experiment is over, and the oligarchs won. Long live the oligarchy.
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
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.
D. Wayne Moore

Should Obama Appoint an African-American Woman to the Supreme Court? - 0 views

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    One of the last racial barriers existing in America is an African-American woman on the Supreme Court. Many people think that it's time to shatter it.
Joe La Fleur

Could the Pelican Brief Become Reality by the Assassination of Supreme Court Justices t... - 0 views

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    BYCOTT ALL LIBERAL MEDIA SPONSERS / PASS IT ON
Frank Schreiber

Supreme Court Decisions - 1 views

The Supreme Court is currently hearing arguments on " Citizens United V. Federal Elections Commission", and their decision if made as predicted is about to change politics as we know it, by allowin...

Supreme-Court Fair-Elections Multinational-Corporations

started by Frank Schreiber on 18 Sep 09 no follow-up yet
Asif Sheeraz

Watch Capital Talk - 8th June 2009 - 0 views

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    Justice (R) Sajjad Ali Shah Former Chief Justice of Pakistan, Justice (R) Fakhruddin G. Ibrahim Former Judge Supreme Court, Justice (R) Javaid Iqbal Former Judge Supreme Court and Justice (R) Saeed uz Zaman Siddiqui Former Chief Justice of Pakistan in Special episode of Capital Talk and discusses with Hamid Mir.
Ian Schlom

US top court annuls key part of voting law - 0 views

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    A part of the voting rights act was annulled by the Supreme Court because it's believed that the legislation is out-of-date and that it's not unclear what areas actually need federal monitoring. So it's removing the protection of the federal government from monitored voting in the South. They talk about racial progress and change that'd happened in the 40 years since the voting rights act happened. Obama's not too happy with it, says that voting discrimination still exists in the country, and is calling on Congress to create legislation that would create equal access to voting.
Joe La Fleur

Human Rights Court Rejects Soros' Insider-Trade Appeal | TheBlaze.com - 0 views

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    THIS IS WHERE THE MONEY FOR MEDIA MATTERS, OCCUPY WALL STREET, ADBUSTERS.ORG, MOVEON.ORG, AND THE DEMOCRAT PARTY COMES FROM.
Fay Paxton

The False Virtue of Catholic Bishops and the Courts |The Political Pragmatic - 0 views

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    Under the guise of religious consciousness and First Amendment rights, Conservatives are mounting yet another assault on women's health and freedom that would deny millions of women access to affordable contraception. While the challenge scheduled to be heard by the Supreme Court was not brought by Catholics, it's all the same to me. Besides, they were the loudest and most aggressive in their objections. So, I decided to repost this information I presented during the 2010 debate because the objections represents the epitome of hypocrisy and false morality to me.
thinkahol *

Spanish Court Demands Arrest and Murder Trail of Three US Military Personnel | The Medi... - 0 views

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    The Spanish government wants a three-man US army tank crew to stand trial for the death of cameraman Jose Couso in Baghdad in 2003. Couso was killed on April 8
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