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9th Circuit Court Rules Government Has a Right to Use GPS to Track All Citizens w/o Probable Cause

Yahoo News:  “Government agents can sneak onto your property in the middle of the night, put a GPS device on the bottom of your car and keep track of everywhere you go. This doesn’t violate your Fourth Amendment rights, because you do not have any reasonable expectation of privacy in your own [...]

SEC Sues State of New Jersey for Securities Law Fraud

Wall St. Journal:   “The Securities and Exchange Commission, in its first securities-fraud case against a state, accused New Jersey of misleading investors about the health of its two largest state pensions while selling billions of dollars in bonds.”

Why Wasn’t United States v. Arizona Filed in the Supreme Court from the Outset?

The Volokh Conspiracy:  “Several readers asked me why United States v. Arizona — the case in which the U.S. is challenging the constitutionality of Arizona’s law dealing with illegal immigrants — hasn’t been filed from the outset before the United States Supreme Court.”

See “Update and Correction on “Why Wasn’t [...]

Obama Bans Importing Over 100,000 Vintage Rifles

David Kopel writes on The Volokh Conspiracy that President Obama banned the importation without legal basis the importation of over 100,000 rifles from South Korea.  He says:

“Legally, it is indisputable that the guns are importable. Being over 50 years old, the rifles are automatically “Curios and Relics” according to [...]

FTC Targets Phoenix Internet Marketer Selling Weight Loss Pills & Colon Cleansers

Arizona Republic:  “A district court ordered a Phoenix internet marketer [Central Coast Nutraceuticals, Inc.] of weight loss pills and colon cleansers to temporarily halt business, after hearing Federal Trade Commission allegations of deceptive advertising and unfair billing practices that scammed consumers out of $30 million or more in 2009. . . . [...]

Let the Worst States Secede–Goodbye South Carolina, Arizona, and Texas

U.S. News & World Report:  “Some states are pretty great; some are just plain trouble. Take the following three [Arizona, South Carolina and Texas] . . . . so let me make a modest proposal . . . . This time, let’s let them go without a fight.”

Goldwater Institute Files Lawsuit to Overturn Obamacare

The Phoenix based Goldwater Institute filed a lawsuit in federal court seeking to find that the Patient Protection and Affordable Care Act, aka Obamacare, is unconstitutional.  Here is the text of the Goldwater Institute’s August 12, 2010, press release:

The Goldwater Institute filed a lawsuit today to strike down the 2010 federal [...]

Obama’s Head of Council of Economic Advisors Says Tax Increases are Highly Contractionary

The Chairwoman of President Obama’s Council of Economic Advisers and Christina D. Romer and economics Professor David H. Romer of the UC-Berkeley published The Macroeconomic Effects of Tax Changes: Estimates Based on a New Measure of Fiscal Shocks, 100 Am. Econ. Rev. 763 (2010). Here is the abstract:

“This paper investigates the [...]

Diversity and the Myth of White Privilege

U.S. Senator James Webb’s column in the Wall St. Journal entitled “Diversity and the Myth of White Privilege” argues that it is time to end government’s racial discrimination because you cannot solve the problems caused by discrimination by discriminating.  His article ends:

“Our government should be in the business of [...]

The Regulatory Avalanche From Washington – Changes that Will Affect Employers’ Obligations Under Various Federal Laws

The law firm of Ogletree Deakins has prepared a summary of some of the up-coming changes in federal laws affecting employers.  Employers need to learn about the new laws now and take action in advance so they can comply with the new laws when the laws become effective.  The summary begins with:

[...]

23% Say U.S. Government Has the Consent of the Governed

Rasmussen Reports:  “The notion that governments derive their only just authority from the consent of the governed is a foundational principle of the American experiment.  However, a new Rasmussen Reports national telephone survey finds that just 23% of voters nationwide believe the federal government today has the consent of the governed. Sixty-two [...]

Internet Sales Tax Eyed for Arizona

Arizona Republic: “Arizona could gain as much as $708 million in 2012 by taxing more Internet, Home Shopping Network, catalog and other out-of-state sales, according to the National Conference of State Legislatures.  The catch: It would have to greatly simplify its sales-tax structure, with changes approved by state and federal lawmakers.”

Housing Industry Sues EPA over Contractor’s Lead Paint Rule

Phoenix Business Journal:  “Four housing industry associations are suing the U.S. Environmental Protection Agency for removing an opt-out provision in renovation regulations for houses built before 1978, when lead paint was banned.”

“The lead-safe renovation rule adds an average of $2,400 to the cost of renovations in older homes, according [...]

It’s Now a Crime in Louisiana to Electronically Communicate With “Intent to … Abuse [or] Torment” a Minor

The Volokh Conspiracy on new Louisiana law (Revised Statutes 14:40.7) that states:  “Cyberbullying is the transmission of any electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment, or intimidate a person under the age of eighteen.”  Will Louisiana unleash the Facbook police and start [...]

SBA Loans Plummet after Stimulus Breaks Expire

Phoenix Business Journal:  “Lending through U.S. Small Business Administration programs has plummeted since the end of May, when the SBA ran out of money for the breaks that made such loans less risky for lenders and more affordable for borrowers.”

Sen. McCain: I will not Support Kagan

USA Today:  “the qualifications essential for evaluating a nominee for the bench included “integrity, character, legal competence and ability, experience, and philosophy and judicial temperament.” On that test, Elena Kagan fails.”

Lindsay Lohan Sentenced to 90 Days in Jail, 90 Days of Rehab

ABC News:  “Bawling and broken, Lindsay Lohan learned today that she’s going back to jail.  Beverly Hills judge Marsha Revel declared the 24-year-old starlet in violation of probation for her 2007 DUI conviction for failing to attend court-ordered alcohol education classes. Revel sentenced Lohan to 90 days in jail followed by 90 [...]

All-American Light Bulb Dims as Freedom Flickers

Real Clear Politics has an article called “All-American Light Bulb Dims as Freedom Flickers“  that discusses the Energy Independence and Security Act of 2007, the law that outlaws the the incandescent light bulb in favor of the dangerous  compact fluorescent lights “CFCs) that contain highly toxic mercury and that must be discarded [...]

Gun License Fees and the Right to Keep and Bear Arms for Self-Defense

The Volokh Conspiracy:  “After McDonald, and the newly enacted Chicago handgun ordinance, people are again turning to whether and when gun license fees are unconstitutional. I’ve heard some argue that under existing constitutional rules applicable to other rights — especially the First Amendment — any fee for the exercise of a constitutional [...]

Iraq Veteran in Grad School at Harvard Eloquently Explains Why Kagan Should be Rejected for the Supreme Court

We normally don’t get involved in political things like the Elena Kagan confirmation to the U.S. Supreme Court, but I watched and listened to a YouTube video of testimony given by Army Captain Pete Hegseth in the Elena Kagan confirmation hearing in the U.S. Senate that convinced me that the Senate should [...]

Litigating the Number of Men vs. Women in College Sports: The Ongoing Folly of Title IX

Minding the Campus:  “Connecticut’s Quinnipiac College, best known for its political polling, is now at the center of the newest round in the controversy over Title IX and women’s sports. In a trial that opened last week, a federal judge must decide whether competitive cheerleading should count as a sport for gender [...]

Appeals Court Rules against Plano Principals in Candy Cane Case

Dallas News:  “Two Plano school principals violated students’ constitutional rights if they confiscated Christian-themed materials, including candy cane pens, that students planned to hand out at school, an appeals court has said.  The 5th U.S. Circuit Court of Appeals in New Orleans ruled Wednesday that the principals could be held liable for [...]

9th Circuit Court Rules Against Harkins Theaters & Says Movies Must be Accessible to Hearing & Visually Impaired

Movie ticket prices within the jurisdiction of the 9th Circuit Court of Appeals will be going up.  From the Yuma Sun:  “Theater owners have to make special devices available to ensure those with hearing and vision disabilities can enjoy the movies, a federal appeals court ruled Friday.  In a unanimous decision, the [...]

This is Not a Joke: Trial Begins to Answer the Question is Cheerleading a Sport?

New Haven Register:  “After 13 months and costs estimated in the hundreds of thousands of dollars, the six litigants of the Quinnipiac University women’s volleyball program and Quinnipiac University will be back in United States District Court in Bridgeport Monday to determine whether the university’s elimination of the volleyball program violated federal [...]

Obama’s Home Loan Modification Progam a Bust

Will the Justice Department and the Arizona Attorney General go after the feds involved in President Obama’s home loan modification program? In March of 2009, Obama started using $75 billion to help home owners modify their home loans to avoid foreclosure.  Of the 1.2 million people who have started the program, 436,000 [...]

New Bill Gives Obama ‘Kill Switch’ To Shut Down The Internet

Prison Planet:  “Government would have ‘absolute power’ to seize control of the world wide web under Lieberman legislation.  The federal government would have ‘absolute power’ to shut down the Internet under the terms of a new US Senate bill being pushed by Joe Lieberman, legislation which would hand President Obama a figurative [...]

Supreme Court Modifies Miranda Rule

Wall St. Journal:  “Criminal defendants won’t get the benefit of the Miranda rule against self-incrimination unless they specifically invoke it, the Supreme Court said Tuesday [June 1, 2010].”  See the 5-4 opinion in the case of  Berghuise, Warden v. Thompkins.

The case involves Van Chester Thompkins who was being investigated [...]

Labels Urged for Food That Can Choke

New York Times:  “the American Academy of Pediatrics, the nation’s leading pediatricians’ group, wants that to change.  Saying that food should be subject to as much scrutiny as toys, it is calling on the Food and Drug Administration to require warning labels on foods that are known choking hazards, and to evaluate [...]

More on F Word Law & Schools: When Students Drop the F-Bomb

Inside Higher Ed:  “At Hinds Community College, swearing can get you in trouble. ‘Public profanity, cursing and vulgarity’ are all punishable with a $25 fine for a first offense, and a $50 fine for a second offense. Further, the offense of ‘flagrant disrespect’ (which may be demonstrated by swearing, as became clear [...]

When Treating One Worker’s Allergy Sets Off Another’s

The New York Times has an interesting story (“It’s a case of King Solomon meets the Americans With Disabilities Act.”) about what happened when an employer hired a disabled woman whose disability (allegoric paprika) adversely affected the health of another employee.  The employer laid off the newly hired disabled person who has [...]

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