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Old 08-16-2006, 03:49 PM   #3991
Tyrone Slothrop
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Quote:
Originally posted by Hank Chinaski
Finally. A dem admits they think this.
There are many cases in which the Supreme Court is making rules -- e.g., rules of statutory interpretation.

Appellate courts decide questions of law -- i.e., they make rules. Trial courts apply law to facts.

eta: what Burger said
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Old 08-16-2006, 03:50 PM   #3992
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Quote:
Originally posted by Mmmm, Burger (C.J.)
rules aren't the same as laws.
what rules does the Supreme Court make? don't DCts make their local rules? I don't know what Ty was responding to, would that have clarified this for me?
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Old 08-16-2006, 03:51 PM   #3993
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Quote:
Originally posted by Tyrone Slothrop
There are many cases in which the Supreme Court is making rules -- e.g., rules of statutory interpretation.

Appellate courts decide questions of law -- i.e., they make rules. Trial courts apply law to facts.

eta: what Burger said
don't Appelleate Courts make rules of interpretation? Have you read many Federal Circuit cases?
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Old 08-16-2006, 03:52 PM   #3994
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Quote:
Originally posted by Hank Chinaski
what rules does the Supreme Court make? don't DCts make their local rules? I don't know what Ty was responding to, would that have clarified this for me?
what are you, a patent lawyer?

What Ty said.

And, no, the Supreme Court makes the rules of civil procedure, subject to Congress' rejecting them. District courts may adopt local rules that are not inconsistent with the federal rules of civil procedure.
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Old 08-16-2006, 03:52 PM   #3995
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Quote:
Originally posted by Hank Chinaski
don't Appelleate Courts make rules of interpretation? Have you read many Federal Circuit cases?
If you're using the Federal Circuit to justify anything, you're already on weak ground.
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Old 08-16-2006, 03:56 PM   #3996
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Quote:
Originally posted by Mmmm, Burger (C.J.)
what are you, a patent lawyer?

What Ty said.

And, no, the Supreme Court makes the rules of civil procedure, subject to Congress' rejecting them. District courts may adopt local rules that are not inconsistent with the federal rules of civil procedure.
when you say adopt don't you mean "make?"
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Old 08-16-2006, 04:03 PM   #3997
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Quote:
Originally posted by Hank Chinaski
what rules does the Supreme Court make? don't DCts make their local rules? I don't know what Ty was responding to, would that have clarified this for me?
Um.. and you profess to be a litigator?


http://www.uscourts.gov/rules/proceduresum.htm
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Old 08-16-2006, 04:04 PM   #3998
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Quote:
Originally posted by Mmmm, Burger (C.J.)
Wikipedia describes it thus:
  • Passengers are asked to report three hours before takeoff. In Israel, they are checked at a security barrier on the road to the terminal. Inside, they and their baggage are checked by a trained team. El Al security procedures also require that all passengers be interviewed individually prior to boarding, allowing El Al staff to identify possible security threats with probing questions such as about their origin, goal and occupation.

Bear in mind that El Al has only international flights, and those flights are of relatively long duration (they don't fly to most of the neighboring Arab states [or aren't allowed to]). So, implementing such a scheme on US flights wouldn't easily translate. All domestic flights? Well, that pretty much kills anything short of New York/Chicago or NY/DC, or NY/Bos. People will drive or go private, if you need 3 hours in advance.

If you were going to implement something like this, you'd have to do pre-screening, and provide for "safe traveller" passes, that would allow people to avoid the lines.

Also, in reviewing teh TSA website for some recent travel, and seeing the diverted flight posted above, I learned that scissors and screwdrivers are now allowed in carry-on luggage. Scissors I can understand, because people knit, sew, etc. But screwdrivers? What do you need a screwdriver on the plane for? Are you putting together a computer or a cabinet? It seems like the criterion should not be limited to potential danger, but also potential utility while in flight.
2. Since 9/11, no one I know bothers with flights to Boston or D.C., which we used to hop on all the time. Now it's Amtrak, which is fine b/c you go directly to the city streets and not one of those weird, barren places I call "airportland". Anything you can't get to by Amtrak that is within a 4 hour drive, you hit the rent-a-car. And let me tell you, driving IS safer than flying....when you have ME at the wheel, baby.
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Old 08-16-2006, 04:06 PM   #3999
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Quote:
Originally posted by Adder
Um.. and you profess to be a litigator?


http://www.uscourts.gov/rules/proceduresum.htm
no. I'm a trial attorney, but thanks for playing. and how is that role different from the DCts? they make their own rules.
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Old 08-16-2006, 04:12 PM   #4000
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Quote:
Originally posted by sebastian_dangerfield
The 2d hand smoke debate is so flawed. The surgeon general says its "dangerous" in any amount. That's simply a lie. It's an outrageous expansion of the baseline for "danger." Ask any oncologist - he'll tell you they've never even proved 2d hand smoke can cause lung cancer. It's considered a joke among docs privately, but they don't say that aloud.

We allow the govt to lie to us on these issues because "well, its all for a better good." And so they take our liberties. I personally don't mind smoking bans, but the dumb do-gooders who get behind them, and trumpet their misinformation like it were scripture, are sooooo fucking annoying.
I called a pulmonolgist. He laughed at you. I'll be more than happy to expand the survey to the rest of the Texas Medical Center, if you'd like, including the oncologists over at MD Anderson and the Environmental Health and Safety people over at UT's School of Public Health, if you'd like. I'm afraid, though, if you want me to get a huge sample, I'll have to seek IRB approval, so that might take some time.

BTW, Medline is free to the whole wide world, you know.

http://www.ncbi.nlm.nih.gov/entrez/q...arch&DB=pubmed

http://www.ncbi.nlm.nih.gov/entrez/q...=pubmed_docsum

http://www.ncbi.nlm.nih.gov/entrez/q...=pubmed_docsum

http://www.ncbi.nlm.nih.gov/entrez/q...=pubmed_docsum

http://www.ncbi.nlm.nih.gov/entrez/q...=pubmed_docsum

ETA: http://www.ncbi.nlm.nih.gov/entrez/q...=pubmed_docsum (relationship between SIDS and second hand smoke)

And that's just a handful of the second hand smoke studies.
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Last edited by Replaced_Texan; 08-16-2006 at 04:20 PM..
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Old 08-16-2006, 04:12 PM   #4001
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Quote:
Originally posted by Tyrone Slothrop
I've got my copy of Lawrence Wright's The Looming Tower, and Slave's about to get his. Who else is in?
Not me. I'm sick of that hobbit shit.
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Old 08-16-2006, 04:16 PM   #4002
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Quote:
Originally posted by Hank Chinaski
no. I'm a trial attorney, but thanks for playing. and how is that role different from the DCts? they make their own rules.
it would help if you defined "rules" for us, or at least how you're using the word.
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Old 08-16-2006, 04:20 PM   #4003
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Quote:
Originally posted by SlaveNoMore
I pretty much agree with everything this guy says. It's a scary prospect. Smoke 'em while you got 'em (or they ban 'em)
2.

What would be interesting to see would be a democrat congress/Senate this year and Hillary elected in 08 and then in about 2011, after the Dems and the UN have had time to work their magic, seeing Iran drop a few nukes and take Israel out.

And then see NKorea invade SKorea.

And China make a grab for Taiwan.

Oh the handwringing when their Muslim and communist friends turned on them.

I would love to live in a time when I could see the policy genuises of the left work their diplomatic magic without war to effect realpolitik solutions.

Kum.bay.yah.
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Old 08-16-2006, 04:23 PM   #4004
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Quote:
Originally posted by Replaced_Texan
I called a pulmonolgist. He laughed at you.

And that's just a handful of the second hand smoke studies.
He whom laughs last laughs best.

Well played, playah.
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Old 08-16-2006, 04:26 PM   #4005
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http://www.realclearpolitics.com/art...not_israe.html

August 10, 2006
Worry About the West -- Not Israel
By Victor Davis Hanson

The reactions and media coverage coming out of the West regarding this latest war in the Middle East are as bewildering as they are instructive.

Rep. John Dingell, D-Mich., for example, recently said, "I don't take sides for or against Hezbollah or for or against Israel."

Meanwhile, the Western news agency Reuters, responding to scrutiny by bloggers, withdrew wire photos taken by a freelance photographer of a smoky and burning Beirut. Reuters had failed to catch the freelancer's doctoring of the photos to emphasize unduly the damage from Israeli bombs.

And the Associated Press notes that initially reported Lebanese claims of 40 "civilians" killed by Israeli air strikes at Houla, Lebanon, in fact, were mistaken -- and that the latest reports have lowered the death toll to one.

In Qana, where the Israeli military had hit an apartment building (and were quickly censured by European statesmen), the number of civilian fatalities reported also kept decreasing as reports were scrutinized. Plus, we have learned that several hours lapsed between the dropping of the bombs and the fatal collapse of the building, raising further questions about the relationship between the bombing and the fatalities that followed. Finally, based on photographs from the scene, the onsite rescue appeared staged for reporters.

These discrepancies suggest we have little idea what actually happened on the ground there -- other than that Qana has been a favored missile-launching site against Israel, as a recent deadly aerial assault from there on Haifa attests.

There is a depressing pattern here. The sources for Western erroneous reports and faked pictures always seem to exaggerate the damage to Lebanon -- but never to Israel.

Likewise, Western news agencies rarely list a precise number of Hezbollah losses, instead lumping them in with civilian fatalities. Does that mean that someone who launches a missile in Levis and sneakers is not a combatant?

In addition, the history and nature of Hezbollah do not matter to many in the West.

Knowingly or not, news outlets continue to spread Hezbollah's propaganda. One wonders if Westerners remember or know that, until Sept. 11, Hezbollah had killed more Americans than had any other terrorist organization.

Most ignore as well that Hezbollah precipitated the present crisis by kidnapping and killing Israeli soldiers, and launching missiles against Israel's cities.

In retaliation, the Israeli Defense Forces use precision bombs to target combatants and try to avoid civilian casualties (though the latter is nearly impossible against an enemy who doesn't wear uniforms and uses non-combatants as "human shields"). In contrast, every random missile launched by Hezbollah is intended to hit a civilian target.

On one side of this conflict is a true democracy that was attacked. On the other are terrorists who hijacked the sovereign government of Lebanon, instituted theocratic rule over a third of the country -- and started a war.

Hezbollah, of course, has been enabled in large part thanks to Iranian petro-dollars and intimidation. But the nature of Hezbollah's patrons doesn't seem to matter to many Westerners, either.

Those now calling for "dialogue" with the "major players" ignore that Iran promises to wipe out Israel. The French foreign minister was quick to praise the regional role of theocratic Iran as "stabilizing."

Then there's Hezbollah's other patron, Syria, a country that brutally occupied Lebanon, harbors terrorists and is suspected of being behind the assassination of Lebanese reformist Prime Minister Rafik Hariri.

So, what then does matter to so many Westerners about this war?

Our fear, of course. We want to avoid messy complications like stirring up another 9/11 or Madrid bombing, spiking oil prices to over $80 a barrel, or treading on politically incorrect ground by criticizing the "other" of the former Third World.

The Western press -- usually so careful to condemn hate speech -- is utterly silent about Arab racism. But a European paper recently published a cartoon portraying Israeli Prime Minister Ehud Olmert as a Nazi, secure that no rabbi would issue threats that could cost the editors their heads.

Still, when this is all over, we should not worry about the survival of Israel. For weeks, pundits have been lecturing how canny and adept Hezbollah has proved -- and how a clumsy Israel could only respond by destroying Lebanon's infrastructure. Yet, when the dust settles, the world will learn that Lebanon outside Hezbollah's domain is not destroyed. And, one hopes, those who have suffered in the Hezbollah-controlled south will reexamine their support for a terrorist organization that has brought them -- and itself -- to near ruin.

Instead far more worrisome is the moral crisis in the West itself. If so many of its politicians, intellectuals and media will not or cannot fathom moral differences in this war, they will hardly be able to see them anywhere else.
Victor Davis Hanson is a classicist and historian at the Hoover Institution, Stanford University, and author, most recently, of "A War Like No Other: How the Athenians and Spartans Fought the Peloponnesian War." You can reach him by e-mailing author@victorhanson.com.

©2006 Tribune Media Services
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