Out of the Blue

Okay, well, the Giants game worked out about as well as could have been expected... could be a long season for big blue fans, and a short one for big blue QBs with that offensive rebuilt offensive line. Oh well, the Eagles have us outclassed at this point, and at least the kid got his feet wet without getting killed, so I'll just consider it a building block.

Play Time: Antkendo. Thanks Ant. Who else?
Psycho Penguin. Thanks Jim.
Link of the Day: Target Takeouts Bra Inserts. Thanks Devicer. For the close of the description.
Story of the Day: Wacky Version of Polo Produces Jumbo Fun. Thanks Ted.
Science!: Students make washing machine talk. They put it through the wringer.
Making Cars Safer for Pedestrians (registration required).
Thanks Mike Martinez
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Re: Making Cars Safer for Pedestrians
Sep 13, 2004, 23:33
97.
Re: Making Cars Safer for Pedestrians Sep 13, 2004, 23:33
Sep 13, 2004, 23:33
 
What rights and where does it show that exactly?

Well for one:

http://www.klaaskids.org/pg-legvr.htm

Which technically may not be a "loss" of victim's rights but an example of the rights of the criminal trumping the right of the victim to ensure a fair sentence is served.

I know that in a town near where I live the DA decided against charging recent vandalism as a hate crime, reducing the charges. That is a situation where the victim's rights were obviously diminished.

http://www.californiaaggie.com/article/?id=5289

There are also activist judges reducing sentencing mandated by California's 3-Strikes laws, as well as in other situations, weakening the victim's chances of obtaining fair punishment from habitual felon offenders.

http://www.law.com/jsp/pubarticleCA.jsp?id=1052440794273

Here's a quote:

In 1992, he was the key figure in the Ninth Circuit's repeated refusals to allow the execution of Robert Alton Harris to proceed. Eventually, the Supreme Court told the Ninth Circuit to stop issuing orders in the case.

"Judge Pregerson was openly defiant of the Supreme Court, so he's got a vision of precedent that is slightly different" from most, said Hastings College of the Law professor Vikram Amar.

And during his 1979 confirmation hearing after being nominated by President Jimmy Carter, Pregerson said, "If I had to follow my conscience or the law, I would follow my conscience," according to the Los Angeles Times.

"It's not good for the justice system for a judge to disobey the Supreme Court. Even though people may agree with him, we risk legal anarchy if judges refuse to follow Supreme Court precedent"

Great, judges who advocate ingoring the law, when they are supposed to uphold it. Just what we need.

The CA 9th Circuit is NOTORIOUS for issuing bad (liberal) rulings and being overturned upon appeal.

Few understand the Ninth Circuit Court of Appeals, its all- encompassing power, or its influence upon society and their daily lives. Hopefully, after reading this article, eyes will be opened and concern will be generated to concentrate their effort to bring about change in the Ninth Circuit.

The author of this article, an expert on Ninth Circuit corruption, is well qualified to write on this subject, having had years of experience with them.

As a practical matter, the Ninth Circuit Court of Appeals is the final court of recourse, setting all policies affecting everyone within the western half of the United States. Only in theory is the United States Supreme Court a court to which one may appeal Ninth Circuit decisions. While it does have power to overturn Ninth Circuit decisions, it seldom occurs; but when it does, the Ninth Circuit is known to ignore and even defy Supreme Court decisions reversing them.

http://www.caught.net/calif/9thenemy.htm

Also:

In the pantheon of liberal jurisprudence, there are few courts that can hold a candle to the Florida supreme court, which, during the fateful 2000 election, acted as if it was uniquely empowered to rewrite Florida election law from the bench. There is one court, however, that will not give up its title as the most-liberal and most-reversed court in the country so easily. Such titles must be earned over time, and this court, which has worked long and hard to truly deserve this title, will not be supplanted by such a relative newcomer. I am speaking, of course, of the Ninth Circuit Court of Appeals — a court which Monday issued a temporary injunction postponing California's recall election based on a clear misapplication of the U.S. Supreme Court's Bush v. Gore decision.

Court watchers were not surprised by this outcome. The day that the panel of judges selected to hear this case was announced, many on both the left and the right believed the decision was foregone. After all, the panel includes Judge Pregerson, who, following the Supreme Court's decision upholding California's three-strikes law, issued a series of dissents stating that he cannot apply the three-strikes law in good conscience. Judge Pregerson makes no attempt to distinguish the cases in which he dissents from the case decided in a contrary fashion by the United States Supreme Court. He does not even attempt to apply a legal rationale for his dissent. Rather, he asserts his own will in place of the legislature which wrote the law, and the United States Supreme Court, which declared that specific law to be constitutional.

Then there is Judge Thomas, who gained notoriety recently for authoring the decision which, by applying a procedural rule retroactively, has the potential to overturn more than 100 capital cases. Judge Thomas issued this decision despite the fact that every other circuit (including, ironically, the Ninth Circuit) had previously found that the principle of law that he on relies does not apply retroactively.

Finally there is Judge Paez, who referred to California's Proposition 209 — a popularly enacted civil-rights initiative which prohibited the use of race as a factor in admissions to state universities — as an "anti-civil rights initiative." Conveniently, the question presented to the court of the whether election may go forward in October affects not only the recall, but the Racial Privacy Initiative sponsored by Ward Connerly. As luck would have it, Mr. Connerly was also the sponsor of Paez's favorite: Prop. 209.

http://www.nationalreview.com/comment/comment-alt091603.asp

There's a few examples for you and an elaboration about why, in California, even the laws on the books are not safe due to the appeals court we have.

You should be grateful we live in a society where innocent untill proven guilty is the rule of law and habeas corpus exists, not the other way around (and sadly, that is becoming the case under Bushco).

Ok, I like your "blanket statement" with no proof to back it up. Give me an example of one of your rights specifically removed by "Bushco" that has impacted you personally. Give me some examples that were not just an isolated case here and there, because I'm *sure* cases of an individual's rights being temporarily violated NEVER happened before Bush got into office. No, siree, never happened. Those were the "good old days", when evryone was rich and there was no unrest in the world, but then Bush came along and ruined it all. Yep, that's got to be it.




*************
* Warhawk *
*************

The new Quake-43 game blows my mind. It is even better than Super Turbo Turkey Puncher.
Doom 3


This comment was edited on Sep 13, 23:44.

Have I lied to you? I mean, in this room? Trust me, leave that thing alone. - GLaDOS

Did IQs just drop sharply while I was away? - Ripley
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