Drudge Retort: The Other Side of the News

Drudge Retort

User Info

et_al

Subscribe to et_al's blog Subscribe

Menu

Special Features

Tuesday, June 19, 2018

A judge ruled that Kansas Secretary of State Kris Kobach must take continuing education classes to achieve a better understanding of the law. While hearing a challenge to Kansas Safe and Fair Elections Act, Judge Julie Robinson, was concerned about Kobach's familiarity with the law: "The disclosure violations set forth above document a pattern and practice by Defendant of flaunting disclosure and discovery rules that are designed to prevent prejudice and surprise at trial ... It is not clear to the Court whether Defendant repeatedly failed to meet his disclosure obligations intentionally or due to his unfamiliarity with the federal rules. Therefore, the Court finds that an additional sanction is appropriate in the form of Continuing Legal Education. Defendant chose to represent his own office in this matter, and as such, had a duty to familiarize himself with the governing rules of procedure, and to ensure as the lead attorney on this case that his discovery obligations were satisfied despite his many duties as a busy public servant. The Court therefore imposes a CLE requirement of 6 hours for the 2018-2019 reporting year in addition to any other CLE education required by his law license. These 6 additional hours must pertain to federal or Kansas civil rules of procedure or evidence. Defendant shall file a certification with this Court before the end of the reporting period on June 30, 2019, certifying that this CLE requirement has been met." read more


Sunday, June 17, 2018

Without question, the president is not "above the law." The far more important question, as I explained in an Associated Press interview, is what "law" applies to the president? The law applies to the president differently than it does everyone else. Actions that are within the law for the president, are above the law for everyone else. Only the president can issue a pardon, for example, supervise the entire executive branch, remove officers of the United States, negotiate foreign relations, and exercise a host of other powers vested by the Constitution. Congress's general power to control federal officials -- including by imposing criminal penalties for obstruction -- is constrained when it comes to the president. In a related context, as the Supreme Court recognized in Zivotofsky v. Kerry, the president is under no obligation to comply with a statute that infringes on his executive powers.


Saturday, June 09, 2018

N.Y. Senate Bill 2318, just unanimously passed by the state Senate this week, would make it a crime for any person (adult or minor) to "knowingly engage[] in a repeated course of cyberbullying of a minor." The new provision would become § 12-a of the New York Education Law, and § 11 of the Law defines "cyberbullying" as "harassment or bullying" "through any form of electronic communication," and defines "harassment or bullying" in turn as[:]


Comments

Number 1, on any list I've seen of a permit holder's responsibilities concerning engagement, read's along these lines.

If you feel your life is threatened, or being in danger of being done serious bodily harm, your 1st responsibility is to retreat if possible. Don't draw your weapon for any reason if you are able to flee the situation safely.
#12 | Posted by 9mmHeater

Duty to retreat state are in the minority. Findlaw reports 17 while Eugen Volokh reported 19 in 2013. Those that do are not consistent in how and when the duty to retreat applies.

Self defense and use of deadly force laws are generally the same for citizens and cops, at least for the dozens I've read. Citizens have been and continue to be prosecuted for shooting someone fleeing or retreating a confrontation while cops are routinely not prosecuted but their jurisdictions (or more appropriately their insurers) routinely pay out millions for those shootings.

In Texas the convicted have to petition the court for restitution of voting rights ...

No, they do not. Voting is automatically restored after completion of the sentence. codes.findlaw.com

My understanding is from many of the felons I worked with. I guess being in the system can get you up on some law.

Never believe jail-house lawyers. I cited the statute on felon gun possession. Believe that.

Rick Hasen's legal analysis. Justice Kennedy Still Won't Rule on Gerrymandering

On Monday, the Supreme Court ducked the issue again, after years of plaintiffs litigating cases in Wisconsin and Maryland in hopes of prompting a larger ruling. The court sent Gill v. Whitford, the Wisconsin case, back for partisan gerrymandering challenges to be litigated on a district-by-district, rather than statewide, basis. According to the opinion, plaintiffs had no "standing" to assert a statewide injury. The court also said preliminary relief was not proper in Benisek v. Lamone, the Maryland case, sending it back to the lower court to determine whether relief is warranted when the case is fully complete.
The court's savviest justices on the right and left, Roberts and Kagan, are continuing a battle for the soul of Justice Kennedy on the question of politics in redistricting.

Although people will focus on the court's ducking of the issue, what's really going on is that two of the court's savviest justices on the right and left, Chief Justice John Roberts and Justice Elena Kagan, are continuing a battle for the soul of Justice Kennedy on the question of politics in redistricting, and Kennedy, who apparently is not leaving the court anytime soon, watches, broods, and stays silent.

Drudge Retort
 

Home | Breaking News | Comments | User Blogs | Stats | Back Page | RSS Feed | RSS Spec | DMCA Compliance | Privacy | Copyright 2018 World Readable