Clipmarks | wiccantexan's 'legal' clips

W.Va. Inmate Says He's Denied Religious Rights

Fri, 05 Sep 2008 04:26:33 GMT

clipped by: wiccantexan

The state Supreme Court is considering whether to hear a case involving an inmate who says he's being denied the right to freely practice his Native American religion.

Bobby Eugene Roddy wants the court to order the Division of Corrections to provide him with a sweat lodge to use one day a week for a ceremony.

He also insists on two prayer pipe ceremonies per week. The Mount Olive Correctional Complex inmate also wants to grow his hair long and be allowed to wear moccasins and other Native American garments.

The 42-year-old Roddy goes by the spiritual name "Running Cougar.''

Corrections Commissioner Jim Rubenstein says no inmate is prohibited from practicing religion. But he says certain requests must be denied for security concerns.

Tags: religion, rights, legal, prison

Bush seeks to make "war powers" permanent

Sun, 31 Aug 2008 00:06:49 GMT

clipped by: wiccantexan
clipper's remarks: "Tucked deep into a recent proposal from the Bush administration is a provision that has received almost no public attention, yet in many ways captures one of President Bush’s defining legacies: an affirmation that the United States is still at war with Al Qaeda. "

Clip Source: www.nytimes.com

Seven years after the Sept. 11 attacks, Mr. Bush’s advisers assert that many Americans may have forgotten that. So they want Congress to say so and “acknowledge again and explicitly that this nation remains engaged in an armed conflict with Al Qaeda, the Taliban, and associated organizations, who have already proclaimed themselves at war with us and who are dedicated to the slaughter of Americans.”

The language, part of a proposal for hearing legal appeals from detainees at the United States naval base at Guantánamo Bay, Cuba, goes beyond political symbolism. Echoing a measure that Congress passed just days after the Sept. 11 attacks, it carries significant legal and public policy implications for Mr. Bush, and potentially his successor, to claim the imprimatur of Congress to use the tools of war, including detention, interrogation and surveillance, against the enemy, legal and political analysts say.

Tags: bush, bush administration, war, government, legal

Michael Jackson is turning 50

Fri, 29 Aug 2008 04:48:42 GMT

clipped by: wiccantexan
clipper's remarks: But his nose is only about 15.

Clip Source: abcnews.go.com

He first became a star as a young boy, then endured superstardom, scandals and a legal prosecution, but as he turns 50, Michael Jackson told "Good Morning America" in an exclusive interview, he is "having a wonderful time, just relaxing."

Speaking by phone from his home in California, at times so softly he was barely audible, Jackson said he was listening to James Brown and preparing for his 50th birthday Friday, when he will "just have a little cake with my children and we'll probably watch some cartoons" -- before he gets right back to work.

Does turning 50 mean he now has an AARP card?

"Not that I know of!" Jackson said, laughing. "You never know. They can find you wherever you are."

Tags: music, artist

New Orleans repeating deadly levee mistakes

Sat, 23 Aug 2008 22:53:25 GMT

clipped by: wiccantexan

Clip Source: news.yahoo.com

Signs are emerging that history is repeating itself in the Big Easy, still healing from Katrina: People have forgotten a lesson from four decades ago and believe once again that the federal government is constructing a levee system they can prosper behind.

In a yearlong review of levee work here, The Associated Press has tracked a pattern of public misperception, political jockeying and legal fighting, along with economic and engineering miscalculations since Katrina, that threaten to make New Orleans the scene of another devastating flood.

They're not alone. A recent University of New Orleans survey of residents found concern about levee safety was dropping off the list of top worries, replaced by crime, incompetent leadership and corruption.

This sense of security, though, may be dangerously naive.

For the foreseeable future, New Orleans will be protected by levees unable to protect against another storm like Katrina.

Tags: hurricane, hurricane katrina, new orleans, federal, government

No Ordinary Joe

Sat, 23 Aug 2008 16:18:36 GMT

clipped by: wiccantexan
clipper's remarks: What does Biden bring to the ticket? A lot.

Clip Source: www.newsweek.com

The minute-by-minute story of how Obama handled the selection is interesting, and revealing of the way the Democratic nominee works. He insisted on the utmost secrecy; he paid the losers the courtesy of essentially telling them "no" to their faces--not an easy thing to do. And he swallowed his considerable pride and all but confessed his lack of knowledge of foreign affairs by selecting as his running mate the Senate's senior Democratic leader on that topic.

In short, Obama behaved like a grownup. Even his much-criticized failure to "vet" Sen. Hillary Clinton means less than meets the eye. I talked two months ago to one of her closest legal advisors, who told me that she didn't really WANT to be considered for the number two job--in no small measure because the process would have required Obama's lawyers to comb through her husband's foundation and its murky sources of income.

In that sense, Obama did her a favor by not really demanding to consider her. She would have had to say "no."

Tags: obama, politics, president

YouTube User Wins Copyright Spat

Thu, 21 Aug 2008 23:31:17 GMT

clipped by: wiccantexan

Clip Source: www.cbsnews.com

A federal judge on Wednesday gave more weight to the concept of "fair use" when he threw a lifeline to a Pennsylvania mother's lawsuit against Universal Music.

The judge refused to dismiss Stephanie Lenz's suit claiming that Universal abused the Digital Millennium Copyright Act when it issued a takedown notice to YouTube over a 30-second video of Lenz's baby dancing to a Prince song.

In the first ruling of its kind, Judge Jeremy Fogel held that copyright owners must consider fair use before sending DCMA takedown notices.

"Fair use is a lawful use of a copyright," the judge wrote. "Accordingly, in order for a copyright owner to proceed under the DMCA with 'a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law,' the owner must evaluate whether the material makes fair use of the copyright."

Tags: youtube, legal, copyright, fair use, video

Nepal court scraps 'living goddess' tradition

Thu, 21 Aug 2008 00:34:08 GMT

clipped by: wiccantexan

Clip Source: www.guardian.co.uk

A centuries-old tradition in Nepal of worshipping a virgin girl-child in a palace as a "living goddess" has been scrapped after it was condemned as outdated by the country's supreme court, which has ruled that the supposed deity must go to school.

Earlier this year, religious authorities started a search for a new Kumari, chosen from a handful of three-year-olds, after it was revealed the current living goddess is going to retire later this year.

However, that process looks as if it will be halted after the country's highest court accepted the argument from a lawyer that keeping a young girl locked up in a medieval palace in Kathmandu was a violation of her fundamental rights.

The court ruled against the rights of the Kumari being "be violated in the name of culture".

The Kumari was probably doomed the moment the Maoist administration took office.

Tags: goddess, india, culture, legal, tradition, child

Open-source software no longer up for grabs

Sat, 16 Aug 2008 00:09:13 GMT

clipped by: wiccantexan

Clip Source: www.msnbc.msn.com

A U.S. federal appeals court has ruled that the holder of a copyright to a computer programming code made available for free public download can enforce an "open-source" copyright license to control future use of the work.

The ruling on Wednesday by the U.S. Court of Appeals for the Federal Circuit is seen as having important ramifications for the licensing of open-source software. Open-source proponents had argued that individuals who do not adhere to the conditions of an open-source license should be subject to copyright infringement claims.

The distinction is important because the potential remedies under federal copyright law are much stronger than under contract law, said Jacobsen's lawyer, Victoria Hall. She called the appeals court decision "a fantastic ruling."

It "shows that open-source groups can protect their code under copyright laws, and this is a ruling that other open-source groups can use," she said on Thursday.

Tags: internet, copyright, code, open source, legal, public

Knights Templar Heirs In Legal Battle With The Pope

Sat, 09 Aug 2008 02:36:35 GMT

clipped by: wiccantexan

Clip Source: www.telegraph.co.uk

The heirs of the Knights Templar have launched a legal battle in Spain to force the Pope to restore the reputation of the disgraced order which was accused of heresy and dissolved seven centuries ago.

The Association of the Sovereign Order of the Temple of Christ, whose members claim to be descended from the legendary crusaders, have filed a lawsuit against Benedict XVI calling for him to recognise the seizure of assets worth 100 billion euros (£79 billion).

They claim that when the order was dissolved by his predecessor Pope Clement V in 1307, more than 9,000 properties as well as countless pastures, mills and other commercial ventures belonging to the knights were appropriated by the church.

But their motive is not to reclaim damages only to restore the "good name" of the Knights Templar.

Tags: church, catholic, pope, knights templar, lawsuit, religion

Religion Allowed In VA Care, Court Rules

Sat, 09 Aug 2008 02:34:52 GMT

clipped by: wiccantexan

Clip Source: www.greenbaypressgazette.com

Taxpayers cannot sue the U.S. Department of Veterans Affairs for incorporating religion into its health care programs for the nation’s veterans, an appeals court has ruled.

The group was trying to end the agency’s practice of asking patients about their religion in “spiritual assessments,” its use of chaplains to treat patients, and drug and alcohol treatment programs that incorporate religion. It claimed those practices violated the separation of church and state.

But the court ruled that federal taxpayers cannot challenge those expenditures. The court cited a U.S. Supreme Court decision from last year in which the same group was not allowed to sue over President Bush’s faith-based initiative.

In that case, the court ruled 5-4 the executive branch cannot be sued by taxpayers for expenses that allegedly promote religion. Cases can only be brought when the questionable expenditures are explicitly authorized in a Congressional spending bill, the court ruled.

Tags: religion, veterans, healthcare, lawsuit, legal, church, state, government

In marriage debate, divorce church from state

Fri, 25 Jul 2008 01:55:17 GMT

clipped by: wiccantexan

Clip Source: www.firstamendmentcenter.org

Suddenly this summer, the reality of same-sex couples lining up to get married in California has led some religious leaders to rethink their government role.

In a letter last month, Bishop Marc Handley Andrus of the Episcopal Diocese of California directed his clergy to “encourage all couples, regardless of orientation, to follow the pattern of first being married in a secular service and then being blessed in The Episcopal Church.”

The bishop’s missive illustrates what a tangled web we have woven when clergy intone “by the power invested in me by the state.”

Because the Episcopal Church doesn’t sanction same-sex marriage — but gives the option of blessing the union — the bishop appears to be seeking a way to bless all couples while distancing the church from legal arrangements sanctioned by the state.

“There are a lot of benefits in getting out of the legal marriage business,”

Tags: church, state, marriage, religion, legal, government

Westboro Baptist must pay taxes on truck

Thu, 31 Jul 2008 03:42:39 GMT

clipped by: wiccantexan

Clip Source: www.firstamendmentcenter.org

A Kansas court has ruled that Westboro Baptist Church has to pay taxes on the truck it uses to travel to protests.

The church frequently pickets military funerals, arguing that the deaths of U.S. troops overseas are part of God's punishment for the nation's tolerance of homosexuality.

The Kansas Court of Appeals ruled on July 25 that the church's protests were a reflection of religious beliefs, but were also political and secular in nature. The ruling means the 2002 Ford F-150 truck used to drive to protests is taxable.

Taxes on a 2002 F-150 amount to about $130 a year, according to the Shawnee County appraiser's office. But Phelps-Roper said the case was about more than that amount.

But the county's Board of Tax Appeals found that 40% of the picket signs had no religious content, and that merely saying a particular group or individual was a homosexual or supported homosexuals did not constitute religious speech.

Tags: religion, homosexuality, church, legal, taxes, military

Gov’t says tornado-area housing can’t have basements

Thu, 31 Jul 2008 03:46:00 GMT

clipped by: wiccantexan

Clip Source: www.kansascity.com

Tell a town of Kansas tornado survivors that they can’t have a basement? Amy Bemis has a word for talk like that.

“Insane,” she says.

Like most residents of Chapman, Kan., Bemis huddled in her basement the night of June 11, when a tornado destroyed scores of homes in this town of 1,250.

But the efforts to rebuild the community now face an obstacle townspeople did not expect: Federal reconstruction rules are forcing many residents to rebuild without the basements that sheltered them through the storm.

Ninety-five percent of Chapman’s damaged homes lie in a floodplain created by a nearby river and creek. The floodplain cuts a large swath through much of the central residential part of town.

For those without basements, it means adding a few feet of soil below the new home’s foundation. But for those residents with basements, it’s either rebuild without them, or move.

Tags: government, tornado, weather, legal, federal

Court: Student needn't stand for Pledge

Fri, 25 Jul 2008 01:43:18 GMT

clipped by: wiccantexan

Clip Source: www.miamiherald.com

A former Palm Beach County high school student's desire not to stand during the pledge of allegiance was supported by a federal appeals court this week -- though the court wouldn't go as far as to say that means every student in Florida is exempt from standing during the school-day ritual.

Frazier was a junior at Boynton Beach High in 2005 when he refused to stand during the pledge and spent the rest of the day in the school office after his teacher berated him for his disrespect, according to the original lawsuit.

Frazier did not have his parents' permission to abstain, but the teenager said he had not stood for the pledge since the sixth grade.

The appeals court upheld another Florida law that requires kids to get permission from their parents before abstaining from the pledge, reversing a lower court's ruling on that matter.

South Florida teachers who learned of the ruling Thursday had mixed reactions.

Tags: school, patriotism, legal

'Pull Your Pants Up' Movement Draws Critics, Supporters

Fri, 25 Jul 2008 01:53:50 GMT

clipped by: wiccantexan

Clip Source: www.christianpost.com

For a small but increasing number of Americans, the song “Pull Your Pants Up!” by gospel rap artist Dooney “Da Priest” is not just a song.

“It’s a movement,” as the rapper told the Jackson Clarion Ledger of Mississippi last week after his album “Pull Your Pants Up!” released.

And with new laws recently passed or being considered in a handful of U.S. cities, it might be.

City Councilman Kenneth Stokes, who proposed the sagging ban in Jackson after talking with Young, further told the newspaper: "Young people are emulating the dope boys, gang bangers and criminals they see and the community doesn't want them to go down that road."

There are some, however, who oppose the “movement.”

The American Civil Liberties Union of Michigan, for example, said the new policy in Flint gives police authority to conduct unconstitutional searches and seizures, promotes racial profiling, violates due process and interferes with individuals' freedom to express themselves in their appearance.

Tags: social, fashion, free speech, music, legal