Tuesday, May 30, 2017

His words about you, not mine. I'm much nicer.


Hoping next time we elect an adult.

Tiger Woods. I guess I really don't understand being really rich.  What ever happened to having a chauffeur/bodyguard? 



https://www.youtube.com/watch?v=n6RTF4OPzf8


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His words about you, not mine. I'm much nicer.




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Yale Gives Graduation Prizes To Two Students At Center Of Controversial Confrontation With Professor

by jonathanturley
ChristakisYale has been the focus of rising concerns over academic freedom and the treatment of faculty after the appearing of a disturbing videotape showing Yale students abusing Professor Nicholas Christakis who sought to have a civil conversation over an email written by Christakis' wife.  Two of the students who were most vocal in this controversial confrontation have now reportedly been honored with the Nakanishi Prize selection committee deemed most deserving of a prize for “enhancing race and/or ethnic relations” on campus.
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Two South Carolina Men

by jonathanturley
Joseph-Andrew-Floyd-Jr-Zachary-Lloyd-Brown-alligator-beerJoseph Andrew Floyd Jr., 20, and Zachary Lloyd Brown, 21, are the poster boys for increasing penalties for animal welfare.  The two South Carolina men thought it was uniquely funny to catch a small alligator and then tape themselves pouring beer down its throat.  They now face harassment charges though the penalties are minimal.











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Rachel Rose










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Jared Kushner, center, the president's son-in-law and senior adviser, at the White House in January.
Investigation Turns to Kushner's Motives in Meeting With a Putin Ally

By MATTHEW ROSENBERG, MARK MAZZETTI and MAGGIE HABERMAN

Investigators are examining whether Jared Kushner was seeking a direct line to the Russian president in a December meeting with the head of a bank with Kremlin ties.


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With Italy No Longer in U.S. Focus, Russia Swoops to Fill the Void

By JASON HOROWITZ

Russia has made a concerted effort to build ties with Italy, which many officials believe is creating a slow but certain tilt toward Moscow.

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Did Hershey Must Make a Legal Whooper? Company Defends Underfilled Box With “Audible Rattle Defense”

by jonathanturley
Whoppers_boxHershey company just made a novel, if unsuccessful, defense against a lawsuit claiming that it routinely underfilled boxes of Reese's Pieces and Whoppers. We have all experienced that moment of irritation when we opened a box of candy to find it half full.  After Robert Bratton sued, the company argued that the "audible rattle" was sufficient warning for consumers.  That did not prove enough for U.S. District Judge Nanette Laughrey of the Western District of Missouri, at least for the purposes of pre-trial dismissal.  Laughrey has green lighted the case for a full trial.

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U.S. SUPREME COURT

Supreme Court overturns 9th Circuit 'provocation rule' that expanded police liability

The U.S. Supreme Court has overturned a “provocation rule” developed by the San Francisco-based 9th U.S. Circuit Court of Appeals that gave victims of police shootings an additional route to sue for alleged excessive force.

Justice Samuel Anthony Alito Jr. wrote the opinion (PDF) for a unanimous court. Justice Neil M. Gorsuch didn’t participate in the case.
The rule had held that police who use force not deemed excessive may be liable nonetheless because they provoked the victims to respond in a way that makes officers reasonably fear for their safety. Under the rule, the provocation had to be a separate Fourth Amendment violation.
The rule “provides a novel and unsupported path to liability” and is incompatible with the court’s excessive force jurisprudence, Alito wrote. “The rule’s fundamental flaw is that it uses another constitutional violation to manufacture an excessive force claim where one would not otherwise exist.” Instead, Alito said, such cases should be resolved using a proximate cause analysis.
Alito ruled in a case brought against Los Angeles County and two of its deputies. The two plaintiffs had been living in a shack when they were shot by police who raided the structure—without a warrant and without knocking—while looking for a wanted parolee.
Angel Mendez had a BB gun to kill rats, and he was holding it when the officers entered. Both officers opened fire, seriously wounding Mendez and his pregnant companion, a woman he later married. Mendez and his wife were awarded $4 million in damages.
Alito noted that the provocation rule may be motivated by the notion that it is important to hold police officers liable for the foreseeable consequences of their constitutional torts.
“However, there is no need to distort the excessive force inquiry in order to accomplish this objective,” Alito said. “To the contrary, both parties accept the principle that plaintiffs can—subject to qualified immunity—generally recover damages that are proximately caused by any Fourth Amendment violation.”
If the plaintiffs in the case before the court can’t recover on their excessive force claim, they still might be able to recover for injuries proximately caused by the warrantless entry, Alito said.
Alito said the issue should be revisited on remand.
The case is Los Angeles County v. Mendez.
Related article:


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BREAKING NEWS

Kellogg's Texas moves mean fewer jobs

Kellogg Co. is closing an office in Texas and laying off employees. The move will change how the snack giant deals with retailers.
Read more 

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