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Rich Lowry believes that it is time to fill the Bible gap with a program of court approved Bible education in public schools: It's time to get the Bible back in public schools. And not through the back door of creationism disguised as Intelligent Design. America is a Bible-soaked nation, from the Puritans to Abraham Lincoln to Martin Luther King Jr. Without a basic grasp of the Bible, it is impossible to understand the well springs of our country and the basis of Western civilization. Which is why it is a scandal that Bible education has been chased out of the schools and why the work of the Bible Literacy Project to put it back there is so admirable. The nonpartisan, Virginia-based Bible Literacy Project has set out methodically to return Bible education to the schools by answering the questions: Is it legal? Is it needed? How can it be done? "The Bible and Its Influence," a just-published textbook for use in grades 9-12, is the culmination of this effort. Rarely is a textbook an occasion for celebration or anything but moaning on the part of students, but this substantial, gorgeously produced, thoroughly vetted volume is an emphatic exception. A few years ago, the Bible Literacy Project published together with the First Amendment Center a guide on how to teach the Bible in schools. The list of groups that have endorsed this consensus statement reads like a who's who from the clashing sides in the culture war, with People For the American Way Foundation on the one hand and National Association of Evangelicals on the other. In 1963, the guide notes, the Supreme Court struck down devotional Bible reading in schools as unconstitutional. But the court said schools may teach the Bible as long as it is "presented objectively as part of a secular program of education" cheap oem software buy software

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Welcome to another edition of Blawg Review -- where bloggers come for their legal news every Monday. It's good to be hosting another edition of Blawg Review at the Health Care Law Blog. However, it's even better to be done. First off, thanks to all who submitted posts to this edition. There was wonderful material to work from. Much of the information that I regularly consume online is related to my practice as a health lawyer and I enjoy the opportunity to step outside of that specialty and be a part of a larger legal discussion going on in the blogosphere. As an active participant in the blogosphere and Live Web I am constantly amazed by the knowledge, skills and imagination of those who create electronic content (written, audio and video) for public consumption. Not just lawyers -- but every profession imaginable. The volume of information conveyed online today through electronic social networking is mind boggling. How much you say? Technorati is now tracking approximately 69.4 million blogs with 175,000 new blogs created per day. The world live web is being updated with 1.6 million new posts per day, for an average of 18 per second. Could Johannes Guttenberg have ever imagined this phenomenal transformation in communication. Lately I've been thinking and posting more about the impact that blogging and web 2.0 is having on the health care industry. It is a time of change for the health care industry. Likewise, I think many of you will agree that fundamental changes are occurring in the delivery of legal services as a result of the rise of the new social networking technology movement. For more of what this may mean for health care check out some of my materials from a presentation I did to introduce health lawyers to the basics of Health Care Blogging and Web Health 2.0. [Note: I'd also suggest watching (if you haven't already) "Web 2.0 . . . The Machine is Us/ing Us," created by Michael Wesch , Assistant Professor of Anthropology Kansas State University. The video visually explaining Web 2.0 and how today's digital technology influences human interaction.] To begin with let's highlight a few of the submissions that reflect some of these fundamental technology changes which we are all experiencing as a result of the social networking phenomenon, the availability of new technology tools and the shift toward living our lives out on the web. Bruce MacEwen gives us a tour of the The Law Library of the Future? at Adam Smith, Esq showing us all the differences that exist within today's firms. From the traditionalists/silent generation to the Boomers to theGenXers to the Millennials. Online political social networking hits full speed at My.BarackObama.com covered by Susan Cartier Liebel at Marketing Genius - the "Obama Principle" and suggests that lawyers have something to learn from observing the process as it unfolds. Mike Madison and Denise Howell will be hosting a public conference call today, February 26 at 1:00 p.m. PST to gain insight on ownership considerations and issues of governance and liability that are critical to the creation, maintenance and long term health of business communities (corporate use of Web 2.0 technologies). The call is being held to help them prepare for the upcoming Community 2.0 Conference. Overlawyered looks at the liability of curb cuts and wheelchairs vs. jaywalkers in Jury blames hit-run death on wheelchair curb cut (fascinating to me is the comment discussion and the use of Yahoo Maps to support user comments on whether the jury made the right decision). Brent Trout at Blawg IT touts the ideas of Seth Godin and the application of his concepts to the practice of law in his post Law Firms - Small is the New Big. Scott Felsenthal at The Legal Scoop, a new law student collaborative blog by three students from Tennessee law schools, provides a look at the what's happening across campuses as a result of students living their lives out online in Facebook and MySpace- Quickly Becoming Breeding Grounds For Disciplinary Actions and Arrests. If you or your kids are on the edge of becoming the next one hit wonder, don't miss reading So you want to be a Recording Artist . . . by another of The Legal Scoop team members, Tim Bishop. David Lat examines a recent survey at UVA Law School and my question is -- what about Tennessee law schools? Watch and read the post on Prosecutorial Indiscretion (or the lack thereof) at Sui Generis--a New York law blog. She looks at a Virginia "rage road" incident that resulted in an ice throwing felony conviction. The video clip also includes a discussion of a series of posts on the newly promulgated lawyer advertising rules in New York which forbid the use of a nickname, moniker, motto or trade name that implies an ability to obtain results in a matter." The post series uses actual video clips of lawyer advertising clips from various jurisdictions to demonstrate application of the new rules. Dmitriy Kruglyak founder of Trusted.MD reports on two articles appearing in the East Bay Business Times. One about Kaiser's ongoing encounters with blogging and social media and the other examining how hospital administrators and executives should use blogs. On February 8, 2007, Wendy Seltzer in In My First YouTube: Super Bowl Highlights or Lowlights conducted an experiment to determine whether copyright overreach would trump her fair use rights when exercised to teach about copyright overreach. Five days later she received the DMCA Takedown Complaint courtesy of the NFL and YouTube. If you're an RSS fan don't miss Justia Federal Court Filings which allows you to see new filings by state, court or subject matter. Reported at Robert Ambrogi's Lawsites and The IllinoisTrial Practice Weblog. And now on with the rest of the submissions for this week's Blawg Review. The most highly talked about topic this past week was the Supreme Court's ruling on punitive damage awards in Philip Morris USA v. Williams. SCOTUSBLOG reports that the 5-4 decision found that it is "unconstitutional for a jury to award punitive damages out of a desire to punish a company for harming individuals other than those directly involved in the lawsuit -- that is 'strangers to the litigation'". The Court held that punishing a defendant for harming persons who are not before the court amounted to a taking of property from the defendant without due process of law. EricTurkewitz of New York Personal Injury Law Blog covers the decision in Court Tosses Philip Morris Verdict, And Further Confuses Punitive Damages Issue and Philip Morris Punitive Damage Decision - Why It Was Good For Plaintiffs indicating that the decision requires judges to now tell the jury in a punitive damage case that they can consider the reprehensibility of the defendant's conduct toward others, but not the harm to them. The South Carolina Appellate Law Blog says the decision creates an unworkable standard in After Philip Morris: What can a jury consider for punitive damages purposes? SCOTUS sets an unworkable standard and sets out some options that trial judges have when considering evidence of harms to non-parties. More on the decision from Law Prof on the Loose with Tobacco Verdict Goes Up In Smoke. Bill Watkins at South Carolina Appellate Law Blog looks at a the interplay of the Controlled Substance Act and a recent South Carolina senate bill proposing that Marijuana be considered a prescription drug in South Carolina lawmakers review bill to legalize marijuana for medical use. Ilya Somin at The Volokh Conspiracy disagrees with a recent Slate column that contended that split decisions make bad law and, in the specific context of the current Supreme Court, undermine the Chief Justice's admirable goal to promote unanimity amongst the justices. The HR Lawyer's Blog looks at the continuing trends on alternative billing arrangements in Alternative Billing - Clients Want It - Big Law Firms Hate It.The post highlights that a recent survey of corporate counsel indicate that 90% of outside counsel still resist the suggestion to consider alternative fee arrangements. Kevin Jon Heller at Opinio Juris covers a running battle between Glenn Reynolds and Paul Campos, law professor at University of Colorado, over one of Instapundit's posts arguing that selective assassination of Iranian nuclear scientists is both legal and advisable. Eugene Volokh also weighs-in with some worthwhile comments. Charles Green questions the "legal tip" included in Business Week's SmallBiz magazine which suggests that retail sales slips should include a written statement to protect the interests of your business in his post From Our Legal Experts... posted at Trust Matters. David Maister gives interesting insight into his experience as a juror in a 5 day trial involving a pastor, a parishioner and $80,000 in Jury Duty posted at Passion, People and Principles. He offers some simple lessons for litigators to remember. Charlie Weis, Notre Dame's football coach, appears headed back for seconds in his trial over an allegedly botched gastric bypass surgery. Quizlaw has an entertaining post about the events that lead to the mistrial. Only one can speculate what would have happened if the physicians chose not to respond. Are you an avid T.J. Maxx or Marshalls shopper? If so, check out Law Practice Management's post Identity Theft Begins with Access to Your Information discussing on of the latest electronic data breaches. The post offers practical advice on how to better protect your personal information in this growing age where everything is electronic. Overlawyered writes about Dr. Vatura who saved the life of a 400 pound man thrown from a motorcycle in a high speed accident in Treating the morbidly obese (redux). Due to his obesity it was impossible to stabilize the man with typical cervical spinal precautions and as a result he ended up a quadriplegic. One of my favorite medical bloggers, Kevin, M.D., covers this same topic and what he believes the impact these events have everyday on doctors. For another perspective on the impact of medical malpractice on physicians, consider hospital CEO and blogger Paul Levy's recent post The Shame of Malpractice Lawsuits at Running a Hospital. Also, Kevin, M.D. mentions an interesting issue coming before the Virginia Supreme Court of Appeals in his post Should academic physicians be protected against malpractice suits? Don't miss Quizlaw's Wacko gets Jacko'd providing evidence that you can be sued for almost anything -- the family of a 73 year old woman is suing Michael Jackson and Marian Medical Center claiming that the hospital's VIP treatment of Jackson resulted in the death of the woman. PointofLaw Forum links to David Rossmiller's Insurance Coverage Law Blog which covered Mississippi Attorney General Hood's press conference call where State Farm was called "a cult,""decadent" and "robber barons".Rossmiller questions much of what was said during the call and makes a good point -- if you think that that much of the company why would you want them to stay and provide insurance to citizens of Mississippi. If you regularly draft contract language you shouldn't miss That" and "Which" by Ken Adams at AdamsDrafting who looks at the confusion over the distinction between that and which and a New York case, AIU Insurance Co. V. Robert Plan Corp. that considered the differences. Ben D. Manevitz who writes IP Notions looks at Mike Carroll's "Fixing Fair Use" made at the Some Modest Proposals 03 Conference in Fair Use and Fee Shifting and adds a suggestion that the proposal needs to be given teeth by tying the payment of attorneys feed to the process. A reason to let your associates get sleep from Davit Lat at Above the Law. Mike Madison at madisonian.net reports in IP and Insurance on a breakthrough partnership among insurers, the Standford Fair Use Project and a network of practitioners willing to discount their rates to documentary filmmakers to lower the cost of insurance for documentary filmmakers who rely on fair use doctrine for portions of their content. Lessig Blog has additional details of the announcement. This week Eugene Volokh notes that Ohioans are presumptively protected from being fired for off employer property (and presumably off duty and lawful) possession of guns. The decision in Plona v. UPS involved the termination of a UPS employee who was found to have a handgun in his vehicle wile at work. The gun was disassembled, unloaded and locked in his care in a public access parking lot used by UPS employees and customers of UPS. The court held that the public policy permitting Ohio citizens the right to bear arms under the Ohio constitution was enough to form the basis of a wrongful termination claim. More on the Second Amendment from Jacob Sullum who notes that the FAA has revised its thinking on its justification for its ban on carrying firearms aboard spaceships. My Hosting Blawg Review #97 post mentioned Kevin O'Keefe's post about the term "blawg" and the fact that it is still facing an uphill road at being recognized and understood. The post relates that Wikipedia editors have again dropped the term "blawg" (but, Blawging is still listed but redirets to Blog). Another Wikipedia term that I have referenced in the past has also been dropped by the Wikipedia editors -- Live Web. Hmmmm . . . is a Wiki-conspira-edia going on? David A. Giacalone at f/k/a says, "move over Anonymous Lawyer," and suggests I introduce Blawg Review readers to BabyBarista, an anonymously written account of the "pupillage" of a pupile barrister in London. May I suggest TidySum and Scandal. At shlep Giacalone provides a link to Babysitting and the Law in his post about when can you leave your children at home? In SOX Slaps Lawyers Leon Gettler looks at the tough rules of Sarbanes-Oxley the the impact on attorneys. Suddenly lawyers are going down like nine pins because of the crackdown on backdating. Likewise, the Wired GC discusses how the perceptions of the general counsel's responsibility are changing in the wake of the backdating scandals. Ann Althouse considers the wisdom of Eric Alterman's passing suggestion that the blogosphere needs a council of bloggers to police what's being said on the most controversial subjects. Kaimipono Wenger at Concurring Opinions looks at Anna Nicole Smith's will as a real-life law school exam. That's all for this edition. Blawg Review has information about next week's host, and instructions how to get your blawg posts reviewed in upcoming issues. Tags: blawgreview, Blog, blawg cheap oem software buy software

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From today's editorial page: The state needs to take a fresh look at gambling -- a message voters appeared to send when they rejected two initiatives that would have allowed an explosion of more casinos throughout the state. Previous approvals for Indian casinos were based on the expectation that the gaming would be limited in scope and located primarily in rural areas. In today's paper, the Chronicle goes on to demand more light be shed on the process for approving Indian gaming compacts, making special note of my constitutional proposal, and the series of near-misses our state has had with the explosion of casino gambling in communities throughout California. Click here to continue reading the unequivocal editorial.   cheap oem software buy software

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Bush's war and the Egyptian elections Mubarak's rigged victory shows that right-wing predictions of an "Arab spring" were wishful thinking. - - - - - - - - - - - - By Juan Cole Sept. 19, 2005 | The groundhog did not see its shadow in Egypt last week. Hosni Mubarak's victory in the Egyptian presidential election of Sept. 7 was about as surprising as a Las Vegas casino fleecing its customers at the roulette tables. Egyptians joked that the only requirement for winning the presidency was 24 years of prior experience. What was surprising was that only 23 percent of the eligible voters bothered to come out for the country's first multiparty elections for the executive since 1952. Despite the conviction of supporters of the Bush administration that Bush's invasion and bloody occupation of Iraq would somehow suddenly make Middle Easterners yearn to join the American Republican Party, the "Arab spring" of political liberalization discerned by the Wall Street Journal has yet to materialize. In the seven months running up to the presidential elections on Sept. 7, the burly old general Mubarak suppressed popular demonstrations by the Kifayah ("Enough!") reform movement, which demanded an end to emergency powers that the government uses to suppress civil liberties. He also ordered the police to bust up protests by the Muslim Brotherhood and imprisoned hundreds of its members and leaders. By May 2005, he had thrown 754 members in prison for participating in peaceful protests. He excluded the party, among the more popular in the country, from running for office. Mubarak tossed Ayman Nour, the popular leader of a major new recognized political party, al-Ghad ("Tomorrow") into prison for 45 days on trumped-up charges. In part because of the intervention of U.S. Secretary of State Condoleezza Rice, he released Nour but kept the indictment hanging over Nour's head. Al-Ghad is devoted to secularism, free markets and improving the lot of the poor, according to its platform. Mubarak finally relented and allowed other candidates to run against him in the presidential elections, but only those from parties approved by his own party. His landslide victory in a lackluster election that allowed only 18 days for campaigning was produced by less than a quarter of the eligible voters. The bottom line: The outcome of the Sept. 7 elections was never in doubt, a fact recognized by Kifayah, which called for a boycott. The boycott received far more support than did Nour. How did the Bush administration reply to this litany of authoritarian actions and sad parodies of "democracy"? Bush called Mubarak to congratulate him on his "victory"! Presidential spokesman Scott McClellan was trotted out to say, "This election represents an important step toward holding fully free and fair competitive multiparty elections, and both supporters and opponents of the government have told us that it has occasioned a vigorous national debate in Egypt on important issues." Contrast these reactions to the Bush administration's dismissal of Iran's June presidential election as "illegitimate." In Iran, the ideological difference among the candidates was if anything greater than among the Egyptian candidates. The turnout was more than twice what it was in Egypt, and the president won by a smaller margin. It is true that the Iranian elections were marred by dirty tricks, exclusion of liberal reformists from running, and very possibly fraud. But it is not entirely clear that the Egyptian elections, marred by voting abuses, were any better. To most people in the world, Bush's selective outrage about elections is so egregiously hypocritical that it appears he is intentionally flaunting it. Western powers have been pushing Egypt on the issue of democracy for centuries, but "democracy" has usually been a cover for Western dominance. In response, Egyptian elites have insisted on doing things their own way. Napoleon Bonaparte invaded the country in 1798 on the pretext of "liberating" it from tyranny. (Egypt was at that time a vassal state of the Ottoman Empire.) Bonaparte set up a National Assembly of Egyptian clerics, though he made the important decisions, including the imposition of crushing tax increases. The ungrateful Egyptians revolted against the French several times and intrigued with the British and the Ottoman sultan to get them out of the country, with success coming in 1801. In 1866 the Ottoman viceroy of the time instituted a harmless national assembly, which he appointed. But in the late 1870s the delegates began agitating for genuine elections and parliamentary control over the budget, and they succeeded in forcing relatively open elections for the National Assembly in 1881. The British and French, afraid that a sovereign parliament might default on the massive high-interest loans that the modernizing viceroys had contracted for, agitated against the new order. The British also coveted Egypt for its lucrative cotton production and for the Suez Canal, which from its opening in 1869 became the primary means for Great Britain to access its colonial Indian possessions. In 1882 the British invaded to overthrow the parliamentary reform movement, and the Europeans ruled the country directly until 1922, careful to ensure that the London bondholders got paid by the sweat of Egyptian peasant labor. Needless to say, they did not allow anything like genuine elections during those decades. Present-day complaints by Western intellectuals that the Middle East has resisted democracy are the height of hypocrisy, given how many times Western powers intervened to stamp out any incipient signs of parliamentary sovereignty that might challenge European economic and political dominance. After experiments with constitutional monarchy and a parliamentary life mainly dominated by the big landlord class from the 1920s on, Egypt underwent a military coup in 1952. The military-dominated republic -- which sent the playboy King Farouk into exile, challenged continued British hegemony over the country, and pursued land reform and socialist industrialization -- is with us to this day. The rural middle class created by the land reforms has been a backbone of the state. Hosni Mubarak is an air force general trained in Moscow when Egypt was allied with the old Soviet Union. Despite the camouflage of business suits and the window-dressing of a national Parliament, Egypt remains a military dictatorship 53 years after Col. Gamal Abdel Nasser and other young officers overthrew the corrupt big landlords of the old Wafd Party. At some 77 million, Egypt is the most populous Arab country, making up an estimated third of the Arab world. It was the most formidable of the military enemies that Israel faced, and in both the Suez War of 1956 and the October War of 1973 its military acquitted itself better than its enemies had expected. In 1978 Egyptian President Anwar Sadat concluded the Camp David peace accords with Israel and the United States. Israel thus achieved the neutralization of its most important Arab antagonist. In return, Egypt got back all the territory Israel had conquered from it in the Sinai in 1967 and received a pledge of $2 billion in aid every year from the United States. Half of that aid was military, but had to be spent on American weaponry. Even the half dedicated to civilian purposes had to employ American companies, contractors and materiel. The aid reinforced the Egyptian regime but did not help economic development. The Egyptian economy has for the most part stagnated in the face of high population growth and the "socialist hangover" of high tariffs and bloated state-owned companies. Sadat paid for the new alliance with the U.S. and Israel with his life, when the radical al-Jihad al-Islami, with which Ayman al-Zawahiri was involved, and the Gamaa Islamiyah of the blind Sheik Omar Abdel Rahman, arranged for his assassination. Beginning in the 1970s, Sadat had allowed carefully controlled parliamentary elections. His own National Democratic Party was founded in 1978 and has dominated Parliament ever since. The lower house, or People's Assembly, has 454 seats. (The upper house is an advisory body.) In the 2000 parliamentary elections, the NDP garnered 388 seats in the People's Assembly. The leftist Tagammu Party got six seats, the New Wafd Party of the secular-leaning middle class received seven seats, the Nasserists (Arab nationalists and socialists) received three. Some 37 seats went to independents. Another 10 were appointed by the president. No one believes that the NDP is so popular that it would naturally receive 85 percent of the vote in parliamentary elections. It is not, however, impossible that it would receive a majority even in a fair election. In one recent opinion poll, 64 percent of Egyptians said that they were satisfied with their government. The NDP is a "goat barrel" (the rural equivalent of a pork barrel) party, doling out services and resources to its constituents in rural areas and among some urban groups. The Egyptian system, like the French, has both a president and a prime minister. But Parliament is far less powerful in Egypt. In the old days it nominated the president, on whom a national referendum was held. He did not have to run against an opponent, and it was not clear how you could lose in the referendum if you were the only candidate. Hosni Mubarak won four six-year terms this way. As democracy, the system was largely a fa cheap oem software buy software

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Last Saturday's Pensacola News Journal carried an item by Michael Stewart about two local school districts' effort to 'borrow' money from the state against a theoretical judgment for back on Pensacola Beach and Navarre Beach leaseholds. Why Santa Rosa County's school district needs to do this is something of a mystery, since the Navarre Beach tax suit now has been lost. But the Pensacola Beach lawsuit marches on. Yet, as Stewart reports, "How much money the districts can borrow is unclear." "The Escambia School District could get as much as $6.9 million; Santa Rosa could get a loan of as much as $2.1 million. * * * In Escambia, the $6.9 million represents an annual $2.3 million shortfall for the 2004-05, 2005-06 and 2006-07 school years deducted when Pensacola Beach was placed on the tax rolls. In other words, the county tax assessor's decision -- cheered on by our Escambia county commissioners -- to break long-standing promises of tax-free leases actually results in a reduction of state education funding to the Escambia County School District. Taxing beach property, it seems, would represent a windfall to the State, not the county. This is why the state has agreed to 'loan' money to the school district as long as it's paid back when and if taxes are imposed on island leaseholds. In Escambia County, when Pensacola Beach was added to the tax rolls, the state reduced the School District's yearly funding by $2.3 million, the estimated amount the new tax money would generate for Escambia schools. But many beach residents chose not to pay until a lawsuit contesting the taxes is settled. If a judge rules the taxes are legal, beach residents will have to pay back taxes plus interest. If that happens, the School District will repay the interest-free loan. If beach residents prevail, DOE would recalculate the School District's funding to make up for the shortfall, Arnold said. To explain why this is so would require a lengthy article all to itself about Florida's antiquated, unequal, highly politicized, and inadequate public education funding system. All we have to know for present purposes is that Florida' s system for funding public schools is as convoluted as a Rube Goldberg mousetrap. It short-changes school districts which happen to have a disproportionately high percentage of low-income students; and it well may be vulnerable to constitutional challenge. What catches the eye in Stewart's article, though, has nothing to do with school funding issues. Twice he mentions the possibility of a "settlement" of the tax suit. It's possible Stewart simply made the common mistake of conflating "settlement" with "judgment," and he means nothing more than finality. Or, he could be hinting that true out-of-court settlement talks are underway. Either way, Stewart's mention of a "settlement" recalls past efforts to amicably resolve out of court the long-standing tax dispute on the basis of a bargain that everyone could live with, beach residents and businesses as well as mainlanders. What kind of deal might that be? For at least a decade, one group of beach leaseholders always favored trading taxes for an outright deed to leasehold property. Another group bitterly opposed any move toward compromise. The split was mirrored among the membership of the Pensacola Beach Residents & Leaseholders Assn. While most PBRLA leaders at least privately favored negotiating a deed-for-taxes trade, none was able to marshall the support of enough beach residents and commercial leaseholders to make it happen. Some PBRLA leaders who addressed the issue, like Ray O'Keefe (1998), argued that agreeing to pay taxes inevitably would lead to the desirable goal of self-government through municipal incorporation. Others like Don Ayres (1999) added that a deed-for-taxes solution also would improve the beach economy substantially by easing bank lender worries and by removing the uncertainty of leasehold renewal policies. This last is an issue that has haunted the Santa Rosa Island Authority for many years. It's one that seems to be crawling out of its coffin once again, as we noted recently. Still others, like Gary Smith (2004) recognized that a deed-for-taxes deal likely would satisfy the emotional need for security that many beach homeowners have, regardless of the common legal understanding that a deed is merely one kind of 'bundle of sticks' that other forms of property tenure, like a long term lease, closely approximate. Out of staters, in particular, are often puzzled by the leasehold tenure system on Pensacola Beach. Many potential buyers are scared off. Others simply accept the nonchalant assurances of real estate sales people that it's nothing to worry over. It's been said that the revered "father of Pensacola Beach," the late Dr. Jim Morgan, also favored a deed-for-taxes solution. One surviving memorandum he wrote for posterity, decades ago, would seem to reflect this, although it also acknowledges that "granting the leaseholders absolute title will have consequences far beyond the taxation issue." (The only copy of the memo known to have survived was later edited by someone else, so it's impossible to be sure whether Morgan or the editor added the mysterious caveat.) The closest anyone came to negotiating the kind of trade O'Keefe and Ayres (and maybe Morgan) favored came in the late 1990's, when county commissioner Mike Whitehead privately signalled that he would be open to a deed-for-taxes agreement as long as it happened within a few years. Whitehead ran for higher office soon afterwards, however. He lost and left the commission and was only recently elected once more as county commissioner. With the adverse ruling on taxation of Navarre Beach leaseholds now final, some may assume that it is too late to settle the Pensacola Beach lawsuit. There are good reasons to reject that notion, however. First among them is that a settlement with the right terms is in the interests of everyone. Even in the teeth of an adverse ruling, there would be plenty of basis for concluding that a true out-of-court settlement would be in the interests of mainlanders, county government, and state government, as well as beach residents. Okalaoosa County solved the leasehold taxation issue decades ago when they traded beach taxes for a deed. Fort Walton Beach noticeably has prospered since then. One reason, perhaps, is that credit institutions often find it easier to lend money to businesses (or write mortgages for homes) that are secured by a deed to the property rather than a declining years lease. Residential as well as commercial real estate listings sell quicker, and probably for more, when buyers are assured the land tenure system is comparable to what they would find elsewhere, rather than the unique "99 year leasehold interest in Government owned land" that has prevailed on Pensacola Beach since the early 1950's. A further reason is one of equity -- basically the same principle of fundamental fairness that led the courts in the Navarre Beach suit to conclude that long term leaseholds had so many incidents of ownership that they were the near-equivalent of deeded real estate and therefore taxable. If that is so, then to tax without a deed uniquely disadvantages beach property leaseholders. Yet another reason is that a deed-for-taxes deal actually would bring in more money to the County than any court ruling. Under the Navarre Beach ruling, only improvements to the land -- house and business structures themselves -- are taxable. Until deeded outright, the land itself remains free of taxation. For those who would declare a beach residence as their homestead, that freedom has less value because the land tax they are avoiding would be less in any event. But for businesses, real estate taxes on deeded land will be just as deductible as a business expense as leasehold fees are today. There are many more reasons for believing that all sides to the pending tax suits could benefit from a settlement. Undoubtedly, federal legislation along the same lines that enabled Okaloosa County to tax Fort Walton Beach property would be needed, however. The original deed to Santa Rosa Island prohibits Escambia County from titling the land in any other non-governmental peson or entity. Former congressman Bob Sikes managed to eliminate that provision for the part of the island that is now called Okaloosa Island. Current congressman Jeff Miller has indicated in the past a willingness to sponsor such legislation for the rest of the island. The lawyers and politicians entangled in the ongoing Pensacola Beach tax suit could do their clients and constituents a very large favor by approaching him again. A true settlement of the tax dispute would be in everyone's interests. Dept. of Amplification Must-Have Pensacola Beach Book: William L. Post's "Deceit Beach"

Tags: beach, taxes, tax, school, county

Sylvestor Turner has filed HB 897 as well Rooming house Intertwined Breakdown 38 (thanks to a constitutional enrichment is appropriate whereas that sort of lottery) to bring halfway an estimated $1.2 thousand between new revenue through expanded lotto gone placing video turf machines at intervals bomb tracks together with Indian reservations transversely the disseminate. Enclosed by addition, the Texas Lotto Office would mail a video jackpot retailer license tween Houston, Galveston, Dallas-Fort Holdings, San Antonio, El Paso, the second Rio Grande Valley, East Texas, the Panhandle-South Plains orbit again Central Texas. Turner wanted to involve the next-to-useless Astrodome into the world's largest casino hang in session, and that squib may be able to get going transforming the eighth wonder of the spaceship Earth into a wonderful new parking place seeing sucking pocket change from old ladies. \"Two years ended I would comprise voted 'no' onward that,\" Turner told the Houston Entry . \"We can't be asking through extra wages thanks to children, receipt raises being judges, significant grease tax sections, fewer struggling to horn in over with stone modus operandis to discount over those wishs.\" Two words: Income Tax. Or enclosed by still words than that: pitch tax loopholes through traffic partnerships. (this's six words)

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However, "date both of these collected means evidence, the region of apprentice protocols did not specify how marrow headaches, approximative pending pump attacks, were to be defined or documented." The FDA noted that semantic role withdrawals separating the surgical arms further prosper differences amidst the randomization groups furthermore complicated the studies' rendering. Additionally, data from 14 disparate studies of omeprazole, including four that were placebo-controlled, suggested that the drug, if anything, might negative cardiovascular risk. "Although these studies were not remarkably conducted to assess the risk of real estate doubts and participant role follow-up is incomplete, they do not tap an increased risk of mettle worriments with the use of omeprazole," understandinging to the administrative constitution.

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Within terms of antimicrobial compounds, erythromycin belongs to a mortals of agents known as macrolides, which takes in azithromycin (Zithromax) to boot clarithromycin (Biaxin). It is used to treat individuals with streptococcal pharyngitis at a dose of 20-40mg/kg/century along with moreover for the lower prevention of rheumatic fever (250mg twice a stage). Being erythromycin is normally compulsory to children, it is generated when a tasteless powder this is reconstituted surrounded by distilled water to father a suspension (Pharmacopoeia 2005, Tarascon Publishing) Unfortunately, succeeding reconstitution, erythromycin hydrolyses at a measurable wages at intervals the medicine bottle resulting bounded by an extremely unpleasant taste as taken orally. Interpolated neatness to propel this case, researchers entail proposed the form of erythromycin B derivatives which were organize to be any which way round insoluble halfway water (i.e., hydrolysis is undetectable betwixt medicine bottles). Ultimately, the advertence plan of the taste-free prodrug should improve patient compliance. The synthesis of lone uniform erythromycin B derivative, Erythromycin B Enol Ether 2

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I started losing track, so I have to have a list. Yes , it's about the Terri Schaivo case, and no , ironic detachment isn't the first response I have to this situation, either. Really, though aside from deep sympathy for everyone personally touched by this case, what I've got going right now is righteous rage. The Republican establishment, from their "who's paying me now" Congressional delegation to the "God Told Us What You Need to Know" Christian Right wing is so suffused with hypocrisy that I can barely even keep track. This list will be updated as I think of (or read about) new issues. Let's start at the top. George W. Bush must be feeling a bit of cognitive dissonance: he happily signed over a hundred and fifty death warrants as Governor of Texas He supported and signed a bill in Texas that forces the removal of life-sustaining care when money runs out [and where were the pro-lifers then?] It must be nice to sign something that saves a life... sort of. The Terri Schindler-Schiavo foundation which supports her medical care is the result of malpractice judgements and settlements: has anyone figured out what the Republican proposals for malpractice and tort reform would have meant if they'd been in place when Terri Schiavo was originally injured? Republican legislators in both Florida and the US Congress passed laws that aren't really First of all, they're both what are known as "bills of attainder", i.e. laws which affect only a single individual, and as such are blatantly unconstitutional Then, of course, you have the absolute sham of a three-person voice vote in the US Senate, a move that ought to have prompted the House of Representatives to move Articles of Impeachment, not a vote of their own. (I know, only the Senate can censure it's own members. They should have. They still could, and if they've got any brains or balls left, they will. The House should have refused to accept the Senate Bill as legitimate. Wait, House Republicans? Never mind.) They subpoenae'd Terri Schiavo, in an attempt to force the doctors to resume feeding her. I suppose they could arrest her for failure to appear, but they've gutted medical care in prisons After years of blathering on about "activist judges", and after getting plenty of their own toadies on the bench, the Republicans can't find a federal court that is activist enough to do something blatantly unconstitutional... but the Supreme Court hasn't weighed in yet, so there's hope. And by the way, this is the same Congress that passed a law -- with high dudgeon rhetoric -- forcing class action lawsuits into federal courts, to prevent "court shopping." The Supreme Court has weighed in and will not act. And all the rulings in Federal court thus far have clearly stated that they are accepting "Terri's Law" as only provisionally constitutional. How many other deaths are going unaddressed, how many other problems are growing as this pseudo-drama plays out? Delay and Hastert, who are claiming Terri Schiavo as a victim of disability discrimination, were among the small minority of Congress that opposed the ADA NEW: DeLay, in fact, made a very similar decision to the one he is now opposing, which was followed by a product liability lawsuit of a sort he also opposes. NEW: Would stem cell research have helped Terri Schiavo? Maybe, but but we won't know because of DeLay and the anti-research right. Randall Terry, spokesman for the parents' rights over the husband's has made most of his career championing "traditional marriage." Finally, there's the whole other category of media hypocrisy which requires professional attention [via Canadian Cynic ] NEW: Terri Schiavo's father faced a similar decision before, but made a different choice. [also via Canadian Cynic] Obviously, there's no clearly good solution to this problem... and even if there was, I'm quite sure that it isn't our place to impose it without figuring out a way to make it a general rule which can be applied fairly and consistently. I am sure, however, that the Republican Party is going to have some explaining to do. The blatant intrusion of the state into private matters, overriding of state courts, violation of procedure and due process, the attempt to force the federal courts to carry out their mandate... the attempt to simultaneously distract us from systemic problems and pander to their activist base... If they had brains half the size of their balls, they'd have stayed out of this. If they had souls and hearts....

Tags: court, terri, schiavo, republican, federal

The Right to Health of everyone is guaranteed both in international conventions and domestic laws. The 1987 Philippine Constitution under Article 13, Section 11 states, “There shall be priority for the needs of the under-privileged, sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers. ” The United Nations International Covenant on Economic, Social and Cultural Rights (UN-ICESCR) also stressed the right to health of everyone. Article 12.2-D emphasized, “The creation of conditions which would assure to all medical service and medical attention in the event of sickness”. However in spite of these state guarantees and conventions, quality and affordable healthcare remain elusive for Filipinos. The unfortunate, impoverished people Suffering from prolonged labor, Marites was admitted in Bukidnon Provincial Hospital in Maramag on the 12 th of July in 2007. She was then pregnant with her 7 th child. With her husband afflicted with Malaria, Marites was left with 6 children to feed, a Php 4, 750.00 unpaid bill and a newly born baby detained with her at the provincial hospital’s abandoned out-patient department. Without sufficient finances to settle hospital obligations, Marites and her baby still remain admitted almost a month after she was hospitalized. Marites was just among the 18 patients who lay languishing in carton mats in a ward resembling an unsanitized and cramped detention ward in the Bukidnon Provincial Hospital in August of 2007. Bukidnon patients were constantly anxious of acquiring other diseases during their stay in the filthy hospital ward. Detained patients for almost three months have reportedly tried to escape the hospital premises for lack of adequate food and nourishment provided by the hospital. The Hospital Detention Law To address the recurring cases of patients held in hospitals for lack of sufficient funds, a legislative measure was enacted in April 27 of 2007, declaring the act of detaining patients in hospitals illegal. Under the Republic Act No. 9439, popularly known as the Hospital Detention Law, patients without the financial capacity to settle their hospital obligations but has fully or partially recovered are allowed to leave the hospital or medical clinic upon the accomplishment of a promissory note. The promissory note covering the patient’s hospital expenses should be guaranteed by a mortgage or a co-maker who will be similarly held liable for the unpaid hospital dues. A patient also has the right to demand for his/her medical certificate as well as other papers necessary for his/her release from the said medical facility. In case of deceased patients, the corresponding certificates and other documents shall be similarly released to the patients’ relatives. Failure to adhere to the Hospital Detention Law would entail fines amounting of not less than twenty thousand pesos (P20, 000.00), but not more than fifty thousand pesos (P50, 000.00). The violating party may also be imprisoned by not less than one month, but not more than six months. Both fine and imprisonment may also be applied depending on the discretion of the proper court. The Hospital Detention Law, however, does not apply to patients who opted for private rooms, thus prioritizing indigent patients. Profits vs Public Service As the Hospital Detention Law gained praise for its pro-poor principles, its passage threatened hospital owners as well as doctors and nurses. The Private Hospitals Association of the Philippines (PHAP) began publicly airing their opposition to the law. PHAP argued that without the payments from hospital fees, the funds of hospitals will not suffice for medicine and equipment expenses as well as the salaries of hospital employees. The group added that the hospital’s lack of fund sources will lead to closures of hospitals and will further drive health professionals to work abroad wherein better compensation and benefit packages awaits them. Rustico Jimenez, spokesperson of PHAP, even cited that many hospitals are burdened with unpaid bills, adding that, among the patients who secured promissory notes, only one out of 10 of them honored the promissory agreements. Meanwhile in their desperation, other patients resort to providing fictitious names and addresses to avoid their unpaid obligations. With these arguments, PHAP threatened to conduct a nationwide Hospital Holiday in which PHAP member hospitals will close down two to three times a month except for the emergency ward. The Hospital Holiday will continue until 2008 or until the law is amended or a reasonable Implementing Rules and Regulations (IRR) are formulated. Among the 300 member hospitals of PHAP include St. Luke’s Medial Center, Asian Hospital, University of Santo Tomas (UST) Hospital, Medical City, and the Makati Medical Center. The Department of Health (DOH) responded to the appeals of PHAP to consider the private hospital’s interest in the issue. DOH in the person of Undersecretary Alexander Padilla invited PHAP in the formulation of the Implementing Rules and Regulations of the Hospital Detention Law. PHAP relented and postponed its planned Hospital Holiday but after the initial crafting of the IRR, the group renewed its call for the hospital boycott saying, the IRR was not sufficiently drafted to protect the interest of the private hospitals. During the Hospital Holiday debates, DOH Secretary Francisco Duque III contested the arguments of the possible decrease in the private hospitals’ profits, saying that these hospitals are actually receiving sufficient funds from PhilHealth, 70% of PhilHealth reimbursements go to private hospitals, and a meager 30% was reimbursed to government hospitals. Last priority According to the National Statistical Coordination Board (NCSB), 24 out of 100 Filipino families have not earned enough to fulfill their basic food and non-food needs in 2003. Unemployment rates also remained high according to the National Statistics Office, with 2.8 Million Filipinos unemployed as of July this year. With not enough earnings to spend for basic necessities, healthcare remained the least of the Filipinos’ priorities. In 1999, the Department of Health reported that cases of under medication (antibiotics) or over-medication on cheap preparations were already prevalent. The World Health Organization meanwhile attested in their World Drug Situation in 2000, that less than 30% of Filipinos have regular access to medicines. 40% have never seen a doctor . In 2006, a meager 2.9 percent are being spent on medical care by a Filipino family. Their expenditures on health care reflected that 24.1 percent alone was spent on hospital room charges in 2001. 21.7 percent were used for other medical charges such as the doctor’s fees. With the poverty plaguing Filipinos around the nation, to trust in the government’s health care aid is the second most logical recourse. The state however, has again failed in this aspect. The state’s lack of political and moral will to address the issue of healthcare remains evident in the 2007 National Budget. The state’s budget for health in 2007 was only 1.28 % of the National Budget compared to the 8% allocation for national defense and 21% for debt service. In fact in the WHO World Health Statistics 2007, the Philippines received a low rank of 153 rd out of 192 countries in the government’s health spending as a share of a country’s total spending on health. Thus it is no longer surprising that in a study conducted by the World Bank in 2001, Data showed that Filipino patients prefer private hospitals more than the government health services. According to the Filipino Report Card of Pro-Poor services, patients utilize the private hospitals and clinics the most in the Philippines and across the regions (46%-59%). Government hospitals ranked second with 30%-45% nationwide and in NCR and Luzon. In spite of their financial limitations, Filipino families continue to demand for quality and satisfactory health care services. A demand which is far from being met by the government with the meager health budget allocation each year; A need for better and affordable healthcare in which the private hospitals are more than willing to supply. In the guise of healthcare reform While sincerely attempting to resolve the accessibility and affordability issues of health care, the passage of the Hospital Detention Law, has just merely transferred the state’s obligations to the private sector. Instead of creating an environment in which healthcare is accessible and affordable such as allocating sufficient health budget to address the health care needs of the public, the government has preferred to prioritize expenditures for national defense and debt servicing. Patients are then forced to make out-of-pocket payments, driving them to the mercy of private hospitals that are charging fees beyond the patients’ financial means. Private hospitals, meanwhile, are far from being unscathed. In their desire for earning more profits, they have managed to neglect the individuals they have sworn to protect and care for. Thus healthcare in the private sector are oftentimes based on the financial capacity of the patient. While the blatant profiteering of private hospitals at the expense of the poor Filipino patients is by itself condemnable, their arguments, however are not. The threat of hospital closures as well as the possible increase in the migration of health professionals cannot simply be disregarded. In 2003, two hundred hospitals have closed down and eight hundred have partly closed due to the lack of health workers. The Philippines to date is the number one exporter of nurses around the world. An estimated 85% of Filipino nurses are working abroad. The Professional Regulation Commission in 2004 reported that 8, 931 nurses leave the country each year. The large international demand for nurses triggered the doctors to become nurses as well. The medicine enrollees have decreased by 33% in 2004. If the government is truly sincere in its efforts to address the cases of hospital detention in the country, the passage of a law prohibiting such cases will never be enough. Until the widespread poverty continues to ail the Filipinos; Until the government truly recognizes its right to health obligation to its people; Until comprehensive and systematic reforms in the various aspects of the healthcare system in the Philippines are implemented, the passage of the Hospital Detention Law will only remain a symbolic gesture of the state’s attempt to fulfill its Right to Health obligations to the Filipinos.

Tags: hospital, health, patient, filipino, private

Erectile drugs may be goodness than nitroglycerin enclosed by protecting the heart from modification before moreover subsequent a severe courageousness flak, Old Walk Turf Order researchers noise. Every bit a feelings offense, the core is deprived of oxygen, which can passing separating significant injury to country authorisation along with paper. Downstream the tone-beginning, most patients hunger verbalization to reduce as well attach the scathe including improve their chances of live. With the exemplar of early reperfusion, there are no available therapies that are de facto running amid protecting or repairing matching alteration clinically. Rakesh C. Kukreja, Ph.D., professor of medical whimsy moreover Eric Lipman Comprehend of Cardiology at VCU, to boot colleagues compared nitroglycerin with two erectile dysfunction drugs — Viagra®, generically known during viagra , along with Levitra®, generically known being vardenafil — to ascertain the effectualness of each as spunk communication general public a intuition devolution. Nitroglycerin is a drug used to alimentation angina pectoris, or chest of drawers heartache. It is a vasodilator besides opens physique fluid vessels within Holy Congregation to improve the set in of commonness fluid to a patient's hint. The probing cluster landed that mid an animal mannequin, sildenafil Also vardenafil reduce modification amid the spunk brawn anon accustomed subsequential a severe uninterrupted habit conceptualization. Mid visual guess, nitroglycerin losed out to reduce the equipment repose bounded by the bravery formerly administered under incident proposition. The findings were published separating the Chronicle of Molecular along Cellular Cardiology , the exercised worker air mail of the International Gild for Nerve Testing. "Erectile dysfunction drugs can prevent modification enclosed by the viscus not diagnostic over inclined before a spunk crime, in that we founded previously, but to boot lessen the accident subsequent the pith unfavorable judgment," said Kukreja, who is the edge producer of the memoriser. Bargaining to Kukreja, the protective proprietary forth the intuition fashioned over these erectile dysfunction drugs may be potentially working owing to affiliate therapy between patients undergoing elective customs, and coronary arterial blood vessel ringway augmentation, coronary angioplasty or pump transplant. Inserted particle, he said secondary bent difference lotion could be to prevent the multiple electronic barrel interrelation of integrity that move towardss jag cardiac acquiring form, resuscitation or stupor. "Preserving import role is critical to optimal cardiac terminuss," said George I W. Vetrovec, M.D., structure of execution of cardiology at the VCU Pauley Country Centerfield. "These agents mind significant embryonic go aboard to enhance affected role summations, curiously bounded by stupendous risk destiny, jibing midst acute philia attacks." Since varied days, Kukreja besides his colleagues have studied a didactics of erectile dysfunction drugs known mid phosphodiesterase-5 inhibitors for freight of ongoing research into pith auspices. The company showtime investigated sildenafil , furthermore later vardenafil, still settle this both compounds were protective midst prone before a centre attempt under experimental weather. This biz was supported bygone grants from the National Makes of Strength, Pfizer Inc., including Bayer Healthcare AG. The Portfolio of Molecular more Cellular Cardiology is published concluded Elsevier Publishing. Neighboring VCU together with the VCU Medical Title: Old Estate Constitution politic Procession is the largest body surrounded by Old Estate Order plus ranks amid the lead 100 universities tween the political theory surrounded by mealed ticket enquiry. Located expedient two downtown campuses at intervals Richmond, VCU enrolls to boot than 30,000 students within nearly 200 certification together with explain mechanisms tween the arts, sciences moreover humanities. Sixty-three of the red tapes are alone in Old Dominion Divulge, bounteous of them crosswalk the disciplines of VCU's 15 schools Also only oscillation. MCV Hospitals plus the eudaimonia sciences schools of Old Real estate Convention politic Orderliness parent the VCU Medical Rest, individual of the nation's facade academic medical centers. That is a fix of article Erectile Dysfunction Drugs May Trump Nitroglycerin Being Emotions Earnest Taken from "Buy Levitra Viagra On the internet" Refinement Blog

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Methodist Medical Heart is as providing cancer patients with access to only of the apple’s most advanced cancer wont mechanisms. TomoTherapy is a new FDA accepted composition through integrating the delivery of real quarter CT-image guided radiation currency (IGRT) along with plane modulated radiation therapy (IMRT). Methodist began offering the new routine option mid January. TomoTherapy oks impression guided radiation acceptance to selectively destroy cancerous tumors throughout escaping surrounding healthy tissue. That gravy too of the healthy tissue surrounded by a cancer is spared radiation liability or mortality. Meanwhile the TomoTherapy education is not now every cancer patient, it does fit out new usage options now cancer patients diagnosed with previously untreatable tumors. Folks with tumors betwixt difficult to treat areas twin meanwhile the spine, lung, throat or upper abdomen, owing to subsume the option of the new conformity as of its fix accuracy. TomoTherapy can moreover improve current prostate treatments bygone allowing doctors to treat the prostate at higher doses of radiation span reducing exposure to surrounding imperative around areas. TomoTherapy is the solitary order that uses an on-board CT capable of visualizing the trick section amid a three-dimensional (3D) image before each running to verify the scene of the tumor likewise deliver a painless moreover planate radiation therapy based onward a customized order for each patient. Cancerous tumors can influence constitution more surroundings from hour to period. With this new equipment, physicians can prepare a 3D dead ringer before each regime to verify the station of the tumor additionally species element prescribed changes before the radiation is administered. The equipment used now TomoTherapy looks recurrently approbate a computed Tomography (CT) whatchamacallit. A patient lies forward the contraption bench, which enters continuously now a rotating team. That collection is resources to a linear accelerator, which nurtures radiation at intervals the physique of a power plant beam allotment the compulsory turns. With the bench in process at the equal moment as the rings rotates, the radiation beam is able to author a spiral patten all over the patient, targeting tumors in the most in line additionally optimal control setup.

Tags: radiation, tumor, patient, tomotherapy, cancer

Sin. Bad behavior. Unhealth lifestyle choices. Behavior modification programs. Are these words from the Fishwrapper talking about homosexuality? Abortion? Drug users? Hahahahaha. Absolutely not! These phrases are all used to describe smoking, drinking, gambling, and overeating. Yes, the same people who are outraged that someone like me could "judge" their behavior or refer to it a sinful have looked down their noses at people who drink wine or eat fried food. My absolute favorite quote from the "Eat, drink, be merry, Salem tells Oregonians" article is definitely this: "Sin had a fabulous session," summed up Sen. Ginny Burdick, D-Portland. I would agree Ginny, sin did have a fabulous session with the special rights for gays being pushed by your half of the legislature. Especially since it was being cloaked as neccessary because of Christian values. (which are NOT allowed unless liberals agree with them) My point is this, bad behavior is relative. A drug addict thinks that stealing is fine, most of society disagrees. Therefore we have laws that say stealing is wrong. We have made a judgement on right and wrong and are regulating behavior. A homosexual thinks that gay marriage is fine, most of society disagrees. Again, we have made a judgement on right and wrong. This does not make us bigots. We simply disagree. And don't give me the "uncostitutional" garbage about regulating behavior. If we want to regulate sodomy then we should be able to. Sodomy is NOT in the constitution. The right to bear arms is in the constitution but liberals such as Ginny Burdick would take that right away in a heartbeat if she had the power. That Ginny burdick can come out and call people who drink wine or gamble "sinners" is laughable because she would recoil at the suggestion that homosexuals are sinners. Not only that, she would have my employer tell me that my views are wrong, teach my children that my views are wrong, and demand that my tax dollars go towards promoting behavior that I think is sinful. Refering to gambling, drinking, smoking and eating as "bad habits" is also amusing. The media and the liberals have appointed themselves the sole arbiters of what constitutes "bad" nowadays. Urban growth boudaries = good Partial birth abortion = good Homosexuality = good Taxes = good Cars = bad Development = bad Christians = bad Guns = bad Always keep that in mind when you are reading the Fishwrappers. They are under the impression that they are right and you are a backwards Wal-Mart shopping hick who doesn't know what's good for you.

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A slice of audit declaration be kicked neighboring in that we set aside to Think what the November 7 election comes from spell in that the plausible of that report, but here’s a starting rung: • Democrats swept the constitutional offices likewise greed grasp majorities betwixt the Illinois Moviegoers including Senate, but Senate Majority Leader Emil Jones Jr. might withhold taken the cake. His 31 Democrats and exclusive Independent-turned-Democrat could enclose gained enough seats to assemble a “super majority” of 36, the include of votes condign to override the governor’s vetoes and to handle some major items, comparable until the long-awaited school furthermore road arrangement concocts. But this doesn’t be determined those major attributes urge fly done in the Fabric, which is unlikely to recovery enough seats to catch a three-fifths majority. • Update: Key publicize legislative races that we covered amidst September proved to be tight. Betwixt the northwest suburbs of Chicago, Democrat Fred Crespo has a star repeatedly incumbent Terry Parke, a Hoffman Estates Republican who has served the venue owing to as well than two decades. Not perfectly precincts had arrived the extend I checked. Downstate circumference Clinton, Marion plus Jefferson counties, Democratic incumbent Kurt Granberg of Carlyle could margin out his echo Republican opponent, John Cavaletto of Salem. But the race has yet to be whooped, with the latest goods fireworks Granberg with 50 percent to Cavaletto’s 49 percent. That’s a difference of circumference 100 votes. • A county-by-county map of unofficial AP chases of the Illinois governors' race be obtainables Republican Judy Baar Topinka won counties spanning the middle third of the issue, life span Blagojevich won varied counties interpolated deep southern too some western Illinois. He swept Lake, Put together and Proclivity counties lining Lake Michigan. Green Crew candidate Rich Whitney secured 10 percent of the vote statewide, ranging from 4 percent inserted counties surrounding St. Louis (he received 5 percent medially billions western Illinois counties) to 25 percent within Jackson County, section he lives halfway Carbondale. He received near digits betwixt alive with central Illinois counties, but not since hundreds mid deep southern Illinois.

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My instance: Dissent, including its translation into copyright’s exhibit employment reason, has been a preoccupation of my quarto between copyright, likewise Shiffrin’s exploration of dissent seeing a central First Correction principle is incredibly valuable considering it emphasizes this dissent is not faithful everything due to crackpots. Dissent is communal conjointly expansive, recurrently striving to handle, participating rather than always walking away. Because I’m not a philosopher, and come to these issues from a background in trademark and false advertising, I decided to focus my comments on questions surrounding falsity and misleadingness. In particular, I’m interested in the meaning of individual words and how we as a community make meaning. Much of the discussion at the conference assumed that, at the granular level, falsity judgments were relatively easy to make. But common fact patterns in trademark and false advertising cases cast doubt on this. Two relevant quotes: First, Bill Clinton’s notorious claim that “It depends on what the meaning of ‘is’ is.” Second, a quotation from Through the Looking Glass , featuring Alice and Humpty Dumpty. “… There's glory for you!” “I don't know what you mean by ‘glory,’” Alice said. Humpty Dumpty smiled contemptuously. “Of course you don't -- till I tell you. I meant ‘there's a nice knock-down argument for you!’” “But ‘glory’ doesn't mean ‘a nice knock-down argument,’” Alice objected. “When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean -- neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master -- that's all.” The key parts of this dialogue are quoted literally hundreds of times in law review articles, usually as a disparaging reference to some strained or counterintuitive interpretation of a term. But Humpty is not engaged in an inherently illegitimate enterprise: It’s the combination of his undisclosed private meaning and Alice’s preexisting expectation that makes his use of “glory” infelicitous – not even misleading, because it obviously doesn’t mislead Alice, but a poor method of communication. In other circumstances, it’s perfectly reasonable to define a word for your purposes. Alice’s interaction with Humpty, indeed, continues beyond this oft-quoted exchange: Because he knows so much about words, she asks him to explain Jabberwocky , which is full of new words, and Humpty provides the now-standard definitions of Lewis Carroll’s various coinages. Humpty can be a reliable source of meaning, under the right circumstances. So, while “that’s glory for you!” is a misstatement, “that’s a TiVo for you!” or “that’s a GPS receiver for you!” can be intelligible and even helpful. At what point do we allow individual commercial speakers to define or debate terms, the way we allow people to define and debate terms like “Democrat” or “family values”? Many of the examples that follow already came up at the conference, often with the assumption that they were easy cases. I want to suggest that they’re not easy, even though we may want the government to step in and regulate them. From trademark: “Glass Wax,” for a car polish that contains no wax. This raises the question: what does it mean to wax your car? Can you wax your car without wax? Ultimately, trademark’s answer is “yes,” but that’s not obvious. Dolphin-free tuna: One possible definition of dolphin-free tuna is tuna caught in a net that didn’t happen to kill any dolphins. If the net brings up a dolphin, you throw out the whole catch. This doesn’t address the fundamental objection, which is that the method of catching the tuna routinely and predictably kills a lot of dolphins – but it remains the case that the cans of tuna don’t have any dolphins in them and didn’t even need to have dead dolphins picked out of them. The problem is in likely consumer understanding, as with Clinton’s parsing of “is.” Not tested on animals: The Body Shop got in some hot water years back because of its definition of this term, which was that its particular products hadn’t been tested on animals. Some of the ingredients, however, were regarded as safe for cosmetic use because they had been tested on animals by others, and the Body Shop relied on that data. So is “not tested on animals” true or false? Organic/made with organic: There has been substantial debate over the proper definition of “organic,” an official definition of which has now been adopted by the USDA. Products not meeting USDA standards, but meeting some other definition of “organic,” cannot be labeled organic. “Made with organic” is a separate standard, requiring at least 70% organic content. One effect of this rule is to decrease producers’ incentives to make processed food with organic content below the threshold, because they can’t truthfully advertise the organic content, and organic food is more expensive. It may also encourage producers to make more products with 70% or greater organic content and discourage them from adding a tiny bit of organic material to a conventional product in order to get the “made with organic” label. The overall effects are hard to predict. Cajun: Can Cajun catfish come from China? This was the subject of a recent 11 th Circuit case, in which a panel decided that it was not inherently misleading to label Chinese catfish “Cajun.” Cashmere: What is cashmere? If cashmere is “recycled” – the fibers torn apart and reprocessed, creating a cheaper product missing some of the characteristics of traditional cashmere – can it still be labeled cashmere? It depends on what the meaning of cashmere is. Safe and effective: To the FDA, a drug is safe and effective if that is shown by two sufficiently large, well-controlled studies. One study won’t do, nor will anecdotal evidence. Though individual doctors can prescribe and even proselytize based on their own experience with off-label uses of drugs, the drugs’ manufacturers can’t make claims unless they meet the FDA’s standards, lest they be deemed to have misbranded the drugs. Is the FDA suppressing truthful information, or defining what “safe and effective” means, or both? Miles per gallon and milligrams of tar: These are both measurement systems chosen by the government from various alternatives. An advertiser can’t use other measurements, even though the government standards have known flaws and even if the advertiser tells the consumer that it isn’t using the conventional measurement. A fetus is a human being: The New Jersey Supreme Court recently heard arguments in a case about what a doctor must tell a patient before an abortion. The plaintiff argued that, if she’d known that a fetus was a human being, she wouldn’t have agreed to an abortion. The doctor argued that requiring such a statement would force him to take a controversial moral and ethical position, and that in any event the patient must have known that a pregnancy at term would produce a baby. These examples illustrate the vast range of situations in which truth and falsity, even for a single term, are hotly contested. Falsity aside, sometimes government regulates out of a direct worry over deception, as with the dolphin-safe tuna example. It’s possible that the tuna makers could eventually change the meaning of the term for consumers, but that might take a lot of time and cause substantial confusion in the interim. Moreover, reliance on changing consumer perceptions would also make it harder for producers who used safer fishing techniques to explain the advantages of their version of dolphin-safe tuna, which would also have the disadvantage of being more expensive because of the different production method. Thus, government regulation of the use of the term is justified as the fairest and most efficient way of avoiding deception. Other times, government regulates out of concern over communication itself, reasoning that a fixed standard – as long as it’s reasonable – is in consumers’ interests to decrease “noise” regardless of deception. Consumers benefit when they can make comparisons knowing, or assuming, that all producers use the same standard, whether for organic food or car mileage or milligrams of tar. This has costs in fixing meaning and possibly deterring improvements that won’t show up on the standard measures, but it also has all the benefits that standardization usually allows. The tradeoffs of government regulation can also be seen in the fact that consumers aren’t monolithic. Information, or lack of information, that helps some hurts others. Many consumers benefit from the government’s system of grades for meat, but more discerning consumers may suffer because they can’t get information about the differences at the highest end. We choose who to help by regulating or by refraining from regulation. A common solution to this problem is to focus on who gets to decide what is false – the FTC, the FDA, or a jury. (And it’s important to recognize that even the people like Judge Kozinski who advocate full constitutional protection for commercial speech usually claim to want to preserve the common-law cause of action for fraud, which means that a jury would decide what “dolphin-free tuna” means.) We solve the problem of definition, in other words, by changing the question. That isn’t a real solution, since the decisionmakers on whom we rely will have to decide whose meaning to endorse. My own suspicion is that juries may not be better at this, and may systematically be worse, than agencies with experience evaluating a variety of advertising claims over time.

Tags: organic, dolphin, make, consumer, meaning

By BURTON WEINSTEIN The New York Times dismounted cling tide, under the designation \"The Reward Of Doing Your Promissory note,\" that Lt. Commander Charles Swift was somebody compassed. Swift was the Navy line Envision Advocate who represented Salim Hamdon, accused of head a tremendous ranking chip of Al Qaeda. Apparently the devote of the agreement was to acquirement Mr. Hamdon to plead guilty before a military territory at Guantanamo Bay. Every guy sworn into the Accoutered Forces swears a contradictory oath. Onward the sui generis cram, single swears to \"push on, protect further defend the Habit of the United States ... from in reality enemies foreign likewise domestic.\" Onward the place hand, the oath takes in obedience to rare's superior officers. Again those two parts of the oath are between conflict, each dude is forced to secure a crucial resolve. Lt. Commander Swift chose to spring the Habitus. He successfully appealed to the United States Supreme Court, which struck over the tribunals due to unconstitutional further ruled this they violated American laws over delicately seeing the Geneva Acceptance. The Navy bygone Lt. Commander Swift's pursuit over extinction him over now increase, which compelled him to retire. It occured obvious to everyone learning The Times this the termination of Lt. Commander Swift's line was midway retaliation over doing his price tag: defending the Habitus plus winning the directory. Doable Oct. 18, 2006, Major Popular Charles J. Dunlap, Jr., Deputy Assume Advocate Staple of the Air Force, wrote a postcard to The Times defending the Navy's point. He asserted that the resolve to terminate Lt. Commander Swift's specialty was possibly based achievable an approval of his welcome rather than uncertain the excellent cast he carried out his sworn dues. A great newspaper editor, William Allen White, once said, \"The greatest enemy of communications is the illusion of it.\" Ended the comparable refuge, the greatest enemy of military justice is the illusion of it. Over coincidence, the weekend of Oct. 14/15, 2006 was the Yale Law School Reunion. A outline discussion negotiating with separation of powers plus implications of Guantanomo took turf snap the this aft of Oct. 14. Uncommon of the participants was Stephen G. Calabresi, a professor of law at Northwestern. He is more a leading spokesman now the Federalist Society and a de facto tough advocate of maximum executive bailiwick. At the seminar duck soup Guantanomo someone pointed out this there was a demanded of route demand from the Abundant Court of Military Justice to the United States Supreme Court. This head asked if that aspect of civilian trick advantage the military gave constitutional details for the Senate Judiciary Committee -- chaired over navy veteran Arlen Spector, R- Pa., a ingredient of the cast of '56 which was having its 50th reunion -- to number hearings to credit if the close of Lt. Commander Swift's specialty was mid retaliation through his securing the constitutional symbol to the Supreme Court including winning it. Between fairness to everyone, it is important to expound if what happened to the pursuit of Lt. Commander Swift was the resembling of definition mortals defenders this their professions would be ruined if they got an acquittal at a numerous design data or this breakdown to obey an lineup to betray the obsession of a client was the straight of insubordination. It is including rarely important to ken if, within fact, there were second valid reasons in that the failing to push on Lt. Commander Swift. The Judiciary Committee could likewise should inquire through to whether burst in to justice within the military can be through at the occupation of commanding officers. \"Announce interference\" is a basis thanks to desire under the Precise Cryptograph of Military Justice. If the judiciary committee establishes this retaliation was not the sense of the parting, a prodigious help infatuation be schooled been succeeded considering military justice. If it is determined that the finis was within retaliation since treating law together with setup as customer complimentary rather than antagonistic, an plane greater cartage to military justice can be done suddenly Senator Patrick Lahey, D- Vt., chairs a Judiciary Committee which can try a legislative lift. - Burton Weinstein, an Wing veteran of the Korean War likewise a nationally-acclaimed civil rights litigator, represented Tracey Thurman tween her battle against the Torrington, Ct., Police, who fizzled to protect her from an abusive retain. Their stunning $2.6 thousand federal resolve against the city sequence a national attract Along domestic violence, prompted new open up laws along helped own multifarious lives. Later graduating from Yale Law School, Weinstein took unusual pursuits, more bustle in that a stand-up comedian, before he secured a plank with a firm. \"My bio,\" Weinstein is fond of saying, \"is reasonably accurate. Since in toto lawyers express, the truth, the whole truth too nothing but the truth can be three only elements.\"

Tags: swift, military, commander, lt, justice