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My Recent Comments
There is only one thing more predictable than the sun rising every morning, and that is the illogical rants of this retired single subject traffic investigator.4 months ago
Logical? Professor Ting was all over the place. There isn't one coherent paragraph in his article Instead, his screed, is likely the result of latent anger for being kicked out of the Republican Party in 2008.
O'Sullivan, Sean (August 2, 2008). "Delaware GOP's Ting pays price for supporting Obama". The News Journal (Delaware). Archived from the original on August 22, 2008. Retrieved December 29, 2010.6 months ago
I wonder how often the 'video' will have been erased when a subpoena to produce the records from the cops are served. Has the Mesa PD hired Rosemary Woods yet?Mar 5, 2012
I am glad Mr. Hellem survived. However, the headline states the heart attack was 'unexpected'. Would things have been different is the attack was expected? Come on Editors - try reading your headlines before publishing.Oct 12, 2011
I-10 eastbound from Phoenix. Turn south on I-19 an you are on your way to the border.May 26, 2011
You don't understand it albundy because you are too stupid to actually read the entire article or the underlying law. The affected party here was a renter who signed a lease. When the lease expired she continued on a month to month and PAID HER RENT in a timely manner. It was the landlord/owner who defaulted on the loan not the renter you moron.
Federal law provides that innocent lessees and renters can not simply be kicked out with little to no notice just because the landlord is a thief (in this case it was the bank which foreclosed trying to avoid the requirements of Federal law).
The renter simply wanted the 90 day notice to which she was and in entitled and the Court of Appeals agreed.
Go back to your crayon book idiot.
May 14, 2011
Hey Dlugas, I know you are reading this? Property tax hike - go ahead. The taxpayers will revolt - you will end up with a ballot measure gutting your tax revenues once and for all! Be sure to tell your council creatures they can kiss their positions goodbye.May 10, 2011
Fabulous news. I know this man and his dog. He was heartbroken. It is wonderful to hear that his companion has been found and returned!!!Apr 18, 2011
I think SB1070 will lose in the Supreme Court - as well it should. The law is overly broad and poorly written. When the case hits Washington, the opinions of Mr. Pearce, the Governor and the rest of us simply won't matter. What will be important is whether or not the law is constitutional.
You miss my point and the quotes about the 9th Circuit. The cases the 9th are being resoundingly overturned are cases involving their liberal interpretation of State statutes and their continuing attempt to stick their noses where they don't belong.
However, to your point. As of 2009 the 9th Circuit's record shows 94 percent of its cases (that were appealed) reversed at least in part, extends a long-running trend of being disproportionately overturned. The 9th circuit appeals court -- the only one where a majority of judges were appointed by Democratic presidents -- has had a larger-than-average share of its cases overturned in eight of the past 10 years.
Some of the 9th's problems can certainly be argued that it is 'out west' where there is more experimentation with social issues, such as SB1070. Nevertheless the circuit court just does not seem to get it right.
What is important is to look at the RATE of reversals, not the percentages. Being larger the 9th circuit has a higher number of cases filed yet their RATE stands at 84%,
For example, the 1st circuit had four cases appealed and all four were reversed - a rate of 100%. That # is misleading though when compared to the 9th circuit in 2004. In that year the 9th circuit had 19 cases appealed and 16 were reversed, an 84% reversal rate.
In the other circuits, the data is similar, very low #'s of cases appealed (the 6th with 11 cases and the 11th with 10 cases for corresponding reversal rates of 64% and 50%).
What is stunning about the 9th circuit though is the tone and tenor of their decisions, which have caught the eye of the Supreme Court Justices, both liberal and conservative. In Swarthout v. Cooke 562 U. S. ____ (2011), reversing Cooke v. Solis the 9th circuit tried to create law where it did not exist. The circuit court ruled that a state prisoner had a 'liberty interest' in a state parole hearing, thereby conferring 14th amendment rights to the prisoner allowing him to seek Federal protection.
The Justices saw through the argument and again bench slapped the 9th circuit. "The short of the matter is that the responsibility for assuring that the constitutionally adequate procedures governing California’s parole system are properly applied rests with California courts,and is no part of the Ninth Circuit’s business."
Apr 17, 2011
Let's not forget Mr. Whitings assertion that Constitutional Law is a '3 semester graduate level course at most law schools'. Hardly.
From the Phoenix College of Law Web site. Note there are HOURS, not semesters.
1st year - Constitution law - nothing.
2nd and 3rd year - Constitution law - 6 HOURS!
CONSTITUTIONAL LAW I (3 Hours)
Covers the structure of the federal system, the Tenth Amendment and the Supremacy Clause, separation of powers, Judicial power and review, Congressional powers, Executive powers, standing, justiciability, regulation of commerce, taxing and spending, substantive due process (economic rights), Reconstruction Amendments, requisites to litigating constitutional controversies, foreign affairs powers, war powers, treaty powers and impeachment.
CONSTITUTIONAL LAW II (3 Hours)
Examines Fourteenth Amendment and Incorporation, equal protection (discrimination, desegregation, affirmative action), procedural due process, substantive due process (privacy and fundamental rights) and the First Amendment freedoms of religion, speech, expression, and press.
Prerequisite: CONSTITUTIONAL LAW I
Whiting, try some research first the next time you open you blow hole.
Apr 17, 2011