Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Monday, December 22, 2014

Kind of relevant, don't you think?

December 22, 2014 ACLU , Crime 0 Comments
NY Post: 6 Million Crimes Averted

New York Daily News, May 8, 2008

Civil liberties activists are troubled that the NYPD stops half a million people a year to ask their business and, when necessary, frisk for weapons. The activists have sued in the hope of proving cops are trampling constitutional rights across the five boroughs.

Read more: www.nydailynews.com


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Wednesday, October 29, 2014

With NO Evidence Of A Crime?!

October 29, 2014 Abolish The IRS , civil asset forfeiture 0 Comments
IRS Confiscating Bank Accounts Of Small Business Owners 

Photo via Flickr
Katie Pavlich, Oct. 27, 2014, Townhall.com

The Internal Revenue Service, still embroiled in controversy over the inappropriate targeting of conservative groups under the leadership of Lois Lerner, is abusing agency rules that allow for the confiscation of bank accounts without evidence of a crime, taking the concept of "guilty until proven innocent" to a whole new extreme by failing to distinguish lawful small business owners from money launderers and illegal drug operations.

According to a report published in the New York Times, the IRS has been confiscating private funds belonging to small business owners based on "suspicions," not evidence of a crime. 

Read more: www.townhall.com

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Monday, October 27, 2014

Seven thousand!!!

October 27, 2014 al-Qaeda , Crime 0 Comments
Germany Could Be Home To 7,000 Muslim Extremist By Christmas

By Taboola, Oct. 25, 2014, RT.com

German authorities fear there could be as many as 7,000 Muslim extremists in the country by the end of the year. Disenfranchised youths are particularly vulnerable to being recruited, while there are around 450 German extremists in Syria and Iraq.

The extremists all follow the strict interpretation of Islam known as Salafism and believe that jihad is a legitimate tool in their fight against the West, which they believe is an enemy of Islam. Hans-Georg Maassen, who is the head of Germany’s BfV domestic intelligence agency,told rbb-Inforadi that there are currently around 6,300 Islamic extremists in Germany, but this figure could rise to as many as 7,000 by the end of the year, AP reports.

There has been a steep rise in the number of Germans attracted to fundamentalist Islam. Three years ago there were only in the region of 3,800 followers of Salafism in the country, which then rose to 4,500 in 2012.

Read the full story:  www.rt.com

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Wednesday, April 30, 2014

Sterling, NBA Set For Epic Legal Fight Over Clippers

April 30, 2014 Adam Silver , Donald Sterling 0 Comments
Michael McCann, Apr. 29, 2014, Sportsillustrated.com

In a historic announcement, NBA commissioner Adam Silver has handed Los Angeles Clippers owner Donald Sterling a lifetime ban from the NBA, along with issuing the maximum allowable fine of $2.5 million. Of greater significance, Silver has also instructed NBA owners to oust Sterling as owner of the team. The announcement sets the table for an epic legal fight over ownership of the Clippers and the powers of the commissioner.

Legality of Sterling's suspension and fine

Silver has broad authority under the NBA's constitution and bylaws to suspend and fine an owner for conduct detrimental to the NBA. According to Sliver, Sterling admitted it was his voice on the recording in which he made racist remarks. Even if the recording was unlawfully created under California law -- the recording would likely be unlawful if the conversation was confidential and Sterling didn't give consent -- Silver is authorized to punish Sterling based on the recording's impact on the league. It is safe to say that Sterling's comments, which elicited the rebuke of President Barack Obama, have deeply harmed the NBA and its relationship with players, sponsors and fans. Sterling seems to lack a viable argument that his conduct was not seriously detrimental to the NBA.

Sterling is also disadvantaged in challenging the suspension and fine because of how a court would treat such a challenge. A court would review Silver's decision under the deferential "arbitrary and capricious" standard of review. This standard would essentially require Sterling prove that the NBA -- and specifically Silver, acting as the NBA's ultimate arbiter -- failed to follow its own rules in how it investigated Sterling and punished him. For instance, if the NBA failed to authenticate the recording, concealed evidence or not requested a meeting with Sterling, Sterling might have sufficient grounds. Silver's remarks during the press conference, however, suggest all relevant rules and policies were followed. Absent Sterling proving there was a procedural defect of serious importance, Sterling likely has no viable appeal to either the fine or suspension.

ROSENERG: Lifetime ban fitting punishment for Sterling

As a practical effect, the suspension all but excommunicates Sterling from both his team and the NBA. He is forbidden from any contact with players, coaches and staff, and he is barred from attending games or practices. Sterling is also prohibited from participating in league activities. He is now, essentially, in NBA exile.

The fine of $2.5 million may seem inconsequential given that Sterling is worth reportedly $1.9 billion, but it was the highest amount of money permitted by the league's constitution and bylaws. Had Silver issued a higher fine, and justified it on policy or moral grounds, he would have provided Sterling with an opportunity to raise a legal point. Specifically, Sterling might have argued such a penalty is "arbitrary and capricious" because it would not have followed NBA rules. Silver, an attorney, wisely adhered to the rules instead.

Read the full story: www.sportsillustrated.cnn.com

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