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Election 2008 Will There Be A Hollywood Ending To The Dramatic Story Of Clinton Vs. Obama? by JOHN W. DEAN
Presidential Candidates vs. Hate Why Obama And McCain Should Repudiate The Messages Of Their Extremist Religious Endorsers by MARCI HAMILTON
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| Real-Time SEC Edgar Filings |
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| Gustav nears Jamaica as New Orleans keeps watch By JONATHAN M. KATZ Associated Press Writer PORT-AU-PRINCE, Haiti (AP) - Gustav was heading toward Jamaica early Thursday while many miles away, residents in the New Orleans area watched it with a nervous eye. A day after stalling off Haiti's coast, the tropical storm was centered about 80 miles (130 kilometers) east-northeast of Kingston, Jamaica, and moving toward the west-southwest near 8 mph (13 kph) at 2 a.m. EDT. |
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| US Court of Appeals - Ninth Circuit |
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- BYRD V. DRESSEL [08/27]
Civil Rights, Constitutional Law, Construction, Government Law, Property Law & Real Estate In an action brought by a group of homeowners and community organizations seeking declaratory and injunctive relief against a city, employees, and developers who remodel and convert private homes into student residences, a judgment against plaintiffs is affirmed where: 1) case precedent does not categorically preclude due process challenges to impermissible governmental action that deprives a person of real property; 2) however, under ordinary Due Process Clause jurisprudence, plaintiff failed to state a claim, notwithstanding it's understandable concerns about the aesthetics and ambiance of the neighborhood; and 3) claims under the National Historic Preservation Act (NHPA) and defendant-city's municipal code also failed. - COUNTY OF SANTA CLARA V.ASTRA USA, INC. [08/27]
Contracts, Drugs & Biotech, Government Benefits, Government Contracts, Government Law, Health Law, Manufacturing In a lawsuit brought by certain federally funded medical clinics claiming that they have been overcharged for certain prescription drugs in violation of pharmaceutical pricing agreements between the Secretary of Health and Human Services and drug manufacturer defendants, dismissal of the complaint for failure to state a claim is reversed where plaintiffs are intended direct beneficiaries of those agreements and thus had the right to enforce the agreements' discount provisions against the manufacturers and sue them for reimbursement of excess payments. - LOCAL JOINT EXECUTIVE BOARD OF LAS VEGAS V. NLRB [08/27]
Administrative Law, Labor & Employment Law, Travel & Leisure Petition for review of an NLRB order dismissing union's complaints against hotel employers for unilaterally terminating dues-checkoff before bargaining to agreement or impasse is granted where: 1) although the NLRB was responsive to a prior mandate from the circuit court that it adopt a new rule, it did not properly apply the new rule it adopted; and 2) contrary to the NLRB's ruling, the union did not clearly and unmistakably waive any right of employees to claim dues-checkoff after the agreements expired.
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| California Supreme Court* |
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- P. v. Delgado 5/29/08 SC [5/29/2008]
Criminal Law & Procedure, Sentencing In a prosecution for second degree robbery with a dangerous and deadly weapon and commercial burglary, the judgment is affirmed over defendant's claim that the abbreviated notation "Asslt w DWpn" on an abstract of judgment for a prior conviction was insufficient to prove that such conviction had occurred under the deadly weapon prong of Penal Code section 245(a)(1), and was thus for a serious felony. http://caselaw.findlaw.com/data2/californiastatecases/s141282.pdf - P. v. Miles 5/29/08 SC [5/29/2008]
Criminal Law & Procedure, Sentencing A sentence for multiple felony offenses, enhanced under the "Three Strikes" law, is affirmed where: 1) the evidence strongly supported an inference that "armed bank robbery” and "kidnapping" notations on a 1976 federal judgment form were intended to describe a conviction for conduct which, under California law, constitutes the serious felony of bank robbery; and 2) thus, there was a sufficient evidentiary basis for a finding that the prior conviction at issue was for a "serious felony" for enhancement purposes. http://caselaw.findlaw.com/data2/californiastatecases/s140413.pdf - P. v. Richardson 5/22/08 SC [5/22/2008]
Criminal Law & Procedure, Evidence, Sentencing On automatic appeal for a sentence of death, the judgment is affirmed over claims of error regarding: 1) the prosecution's use of peremptory challenges to excuse any prospective juror who expressed reservations about the death penalty and religious affiliation; 2) the excusal of jurors for cause who stated that they could not impose the death penalty; 3) a denial to excuse a potential juror who revealed she would vote automatically for death; 4) an affidavit submitted for a warrant; 5) suppression of a post-arrest statement arising from an unnecessary delay in his arraignment; 6) whether the post-arrest statement should have been excluded because it was involuntary; 7) due process and right to counsel violations arising from relieving the public defender based on a conflict; 8) application of Proposition 115 to defendant's case; 9) admission and exclusion of certain evidence; 10) a prosecutorial decision involving a witness; 11) prosecutorial misconduct in presenting inconsistent theories; 12) sufficiency of evidence regarding lewd conduct; 13) erroneous instruction on sodomy as a basis for felony murder; 14) references to innocence in CALJIC Nos. 1.01, 2.01, 2.51 and 2.52; 15) cumulative effect of guilty phase errors; 16) double counting of special circumstances and consideration of sodomy special circumstance; 17) several evidentiary rulings; 18) denial of motion for modification of death verdict; 19) intercase proportionality; 20) instructional error; 21) challenges to the death penalty statute; 22) international law; 23) prosecution delay; 24) missing transcripts; 25) cumulative error; and 26) incorporation by reference of habeas corpus petition claims. However, the case is remanded on the issue of restitution as the issue should be considered in light of the currently applicable statute. http://caselaw.lp.findlaw.com/data2/californiastatecases/s029588.pdf
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| California -- Sacramento |
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| California -- San Diego |
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