"Calif Bill" wrote in message
m...
yup.... but how would you "prove" this? Wouldn't you have to have
some other customers in the raft on your side?
take it to th supreme court
the folks suing for damages... by the way.. are not going to really
care who gets nailed for the damages... just get them... and sad to
say.... the outfitter/guide, more than likely is going to be held at
least partially responsible... because unless you can prove ... as it
"legally" prove that someone ..on-purpose tried to sabotage - as
opposed to being totally stupid and uncooperative... I just don't see
it succeeding... and once it's is all over... the down-in-the-weeds
legal stuff is going to get forgotten when someone says ...2 years
later.. that the outfitter sued the customers... that's the message
that won't go away ...
I understand Sotomayor is liberal on damages
Concord, Calif waterslide park had to pay up lots of money when some high
school kids got killed / injured on a collapsing slide. They pushed by
the worker trying to stop them to make a large train of bodies lined
together. Slide collapsed. Parents of those killed and injured sued and
won. The weight was in excess of a large SUV. So the park has posted
rules, and workers trying to enforce the rules and the people violating
the rules on purpose get the proceeds. Not correct.
http://www.sfgate.com/cgi-bin/articl...&sn=005&sc=310
http://www.accessmylibrary.com/coms2...86-5568000_ITM
http://www.sfgate.com/cgi-bin/articl...&sn=099&sc=813
hmmm
mk5000
The complete package
Sotomayor has both legal book smarts and the wisdom to use them well.
Michael B. Keegan
June 1, 2009
President Obama was nothing if not clear when describing the kind of person
who he was looking to nominate to fill the vacancy left by Justice David
Souter on the U.S. Supreme Court.
He vowed to seek someone with a sharp intellect and an independent mind,
someone who would judge each case on its merits. He said he was looking for
a record of excellence and integrity. A former constitutional law professor,
he made clear that it was important to select someone who has a clear sense
of our Constitution and its history, and is committed to fidelity to the
law.
He also made clear that, although legal brilliance was necessary, it wasn't
totally sufficient to fill the position. Yes, any nominee would need a
record of intellectual achievement and a long résumé, but he or she would
also need an ability to see beyond the legalese and abstract principles of a
ruling, to its real-world impact on the ordinary Americans whose lives are
affected by what happens in the chambers of the Supreme Court. Those
criteria echoed the language he'd used on the campaign trail last year.
In Judge Sonia Sotomayor, Obama found a candidate who has the complete
package — both legal book smarts and the wisdom to use them well.
Sotomayor comes to this nomination with an "only in America" story.
Sotomayor grew up in a public housing project in the Bronx, N.Y. Her mother,
born in Puerto Rico, held a deep belief in the power of education and worked
long hours to make sure that her children would have the opportunity to take
advantage of what her adopted country had to offer.
Sotomayor graduated first in her high school class and won a scholarship to
Princeton University, where she graduated summa cum laude and Phi Beta
Kappa. At Yale Law School she served as an editor of The Yale Law Journal .
Out of law school, Sotomayor became an assistant district attorney in
Manhattan, where she tried dozens of serious criminal cases. In 1984 she
entered private practice as an international corporate litigator. Before she
was appointed to the federal judiciary in 1991 (by then-President George
H.W. Bush), she'd worked on cases involving everything from intellectual
property to real estate, banking and contract law. When she was appointed to
the U.S. Court of Appeals for the 2d Circuit in 1998, she was the first
Latina to sit on that court.
Now, 18 years later, Sotomayor will bring more federal judicial experience
to the Supreme Court than any justice in the past hundred years, and more
overall judicial experience than anyone confirmed to the Court in the past
70 years.
But Sotomayor brings more than a compelling life story. Sotomayor has a
sophisticated grasp of legal doctrine and a keen awareness of the law's
impact on everyday life. She understands that upholding the rule of law
means ensuring consistent, fair, common sense application of the law to
real-world facts.
She has participated in more than 3,000 panel decisions and authored almost
400 published opinions, a body of work characterized by a close reading of
the law and a consistent awareness of the importance of precedent and
judicial restraint. She's worked to build consensus even on contentious
issues — her record shows that she agrees with her more conservative
colleagues far more frequently than she disagrees with them. And, as many
analysts have already noted, she is also "the woman who saved baseball,"
perhaps the most important qualification of all.
Selecting a nominee for the Supreme Court is a tremendous opportunity for
any president. It's one of the few decisions that can instantly shape his
legacy, for good or ill. President Obama wrote himself an impressively tall
order when he described what he was looking for in a Supreme Court jurist.
But perhaps more impressive is that he actually seems to have found it:
someone who brings not only a sharp intellect but a common sense
understanding of the effect the law has on the lives of ordinary people.
Sotomayor's unique personal story and decadeslong career in nearly every
aspect of the law provide her with ideal qualifications to be the next
Supreme Court justice. And that's exactly what we need on our nation's
highest court.
----- Original Message -----
From: "marika"
Newsgroups:
soc.culture.usa,soc.culture.europe,soc.culture.jap an,soc.culture.australian,alt.usenet.legends.leste r-mosley
Sent: Saturday, June 06, 2009 9:17 AM
Subject: INTERNATIONAL STUFF | Webby Awards ▪ Green Vault ▪ Merkel’s
Style ▪ Former Couture ▪ Blagojevich
"Frank Kalder" wrote in message
...
M. K. ~ e-glob, Washington, DC
. Barack Obama’s Germany Visit
Here’s a summary of my twofold coverage: http://tinyurl.com/HAPLIF-9605
& http://tinyurl.com/HAPLIF-9606
=======
RIGHT BEFORE Obama went on his overseas trips, he announced his pick,
Sotomayor, for Supreme Court. It's an important issue hotly debated til
the Congressional Hearings.
I thought it might be interesting to contrast a different voice than I had
heard before on this issue
http://townhall.com/Columnists/Thoma...ntext_part_iii
As part of the biographical preoccupation with Judge Sonia Sotomayor's
past, the New York Times of May 31st had a feature story on the various
New York housing projects in which she and other well-known people grew
up-- including Whoopi Goldberg, Kareem Abdul-Jabbar, Thelonious Monk and
Mike Tyson.
There was a map of New York City and dots pin-pointing the location of the
project in which each celebrity grew up. As an old New Yorker, I was
struck by the fact that not one of the 20 celebrities shown grew up in a
housing project in Harlem!
The housing projects in which they grew up were different in another and
more fundamental way. As the New York Times put it: "These were not the
projects of idle, stinky elevators, of gang-controlled stairwells where
drug deals go down." In other words, these were public housing projects of
an earlier era, when such places were very different from what we
associate with the words "housing project" today.
Just the reference to unlocked doors on the apartments there, so that
children could more easily visit playmates in nearby apartments on
Saturday mornings to watch television, creates an image that must seem
like something out of another world to those familiar only with the
housing projects of today.
There were standards for getting into the projects of those days and, if
you didn't live up to those standards, they put you out. Kareem
Abdul-Jabbar was quoted as saying, "When kids played on the grass, their
parent would get a warning." That seems almost quaint when you think of
what has gone on in the housing projects of a later era.
Since there has been so much talk of putting some of Sonia Sotomayor's
inflammatory words "in context," perhaps we should put her personal life
in context, if the media insist on making her personal life a factor in
her nomination to the Supreme Court. While she grew up in a public housing
project, the words "housing project" in that era did not mean anything
like the housing projects of today.
A relative of mine lived in one of the housing projects back then-- and we
were proud of him, as well as glad for him, because such places were for
upright citizens in those days-- working class people with steady jobs and
good behavior. Clever intellectuals had not yet taught us to be
"non-judgmental" about misbehavior or to make excuses for vandalism and
crime.