Archive for the ‘Justice’ Category

By Charlton Stanley, weekend writer

FAA logoThe Federal Aviation Administration issues medical certificates for pilots. There are three levels of medical certificates. Class I, Class II and Class III. The most stringent is the Class I. That is an extremely rigorous medical standard, and must be renewed every six months. This level of certification is for Air Transport Pilots who haul airliners full of passengers. The Class II is for all other commercial pilots. Not as stringent as Class I, but still quite high standards. The Class III medical is for private pilots, and is good for two years. The Class III medical examination is still a strict examination. One of the requirements is to fill out a list of EVERY doctor’s visit not already reported.  That means every visit to your family doctor for anything from a runny nose or worse. Do as I did a couple of weeks ago. Gashed my thumb on a piece of glass, and went to the emergency room for some stitches. Required to report that? Oh, yes indeed!

That application form is submitted to the FAA “Under Penalty of Perjury,” so errors of both commission and omission can and do result in draconian penalties.  One thing that sets off alarms at the FAA is a visit to a psychiatrist or psychologist. Many veterans have not sought treatment for combat related stress problems for fear of losing their license. I know a number of former Vietnam and Desert Storm combat pilots whom I suspect suffer from untreated PTSD in silence because they know if they see a VA psychologist or psychiatrist, a PTSD diagnosis is a license killer.  Yet, some of these pilots have been flying safely since the 1960s.

The requirements for passing a Third Class medical are the least strict, but are nevertheless stringent, especially if the pilot reports having sought mental health counseling.

Several years ago, in 2004, the FAA created a new class of pilot called Sport Pilot. Sport Pilots and are not required to have a Third Class medical certificate. A current and valid driver’s license will suffice. A Sport Pilot’s license is required to fly a light sport aircraft (LSA), but doesn’t need a medical certificate. A state issued driver’s license is sufficient. A Sport Pilot may not fly aircraft exceedomg the limits set by the LSA rule.

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Submitted By Darren Smith, Weekend Contributor

Coat_of_arms_of_ugandaThe nation’s top constitutional court invalidated the Uganda’s highly controversial anti-homosexuality law, citing improper parliamentary procedures. The opinion cites that the Speaker of the House acted illegally when she allowed the original bill to be voted for passage by MPs despite the lack of a quorum in the chamber. Afterward, President Museveni signed the legislation into law.

Activists held the decision as a significant victory in for civil rights in Uganda, but will this be only a temporary legal reprieve?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

Since the Senate Select Committee on Intelligence voted in April of this year to declassify its long-awaited Torture Report, the intelligence agencies have been working behind the scenes to convince the Executive Branch to further sanitize it or keep it entirely secret.  Needless to say, the declassification process used to prepare the report for public consumption has been dragging on.  With the CIA and other defense agencies working overtime to keep a lid on the report, the truth may never reach the public.

What can Congress do to make sure that its report gets declassified and distributed to the public if the President agrees with the intelligence agencies and does not order the release? (more…)

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

I have been watching the water crisis in Detroit for some time now and I have been amazed that it is not a bigger story.  If you haven’t heard, the new city Administrator of the City of Detroit that was appointed by the Governor and his Water Department have been turning off the water of needy citizens in Detroit when their past due bills are as little as $150.00. In a city with over 20% unemployment and countless vacant buildings, it seems like Detroit is slowly being destroyed.  (more…)

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By Mike Appleton, Weekend Contributor

“Taking a child he placed it in their midst, and putting his arms around it he said to them, ‘Whoever receives one child such as this in my name, receives me; and whoever receives me, receives not me, but the one who sent me.’ “

-Gospel of Mark, Ch. 9, verses 36-37, New American Bible (Thomas Nelson, 1989)

“If kids come in my backyard, I’ll shoot them.”

-unidentified Murietta, California resident protesting the sheltering of undocumented child immigrants (July 1, 2014)

………………………………………………..

“Collective fear,” wrote Bertrand Russell, “stimulates herd instinct, and tends to produce ferocity toward those who are not regarded as members of the herd.” The ugliness in Murietta, California several weeks ago provided ample evidence, if any were needed, of the power of collective fear. But even more disturbing than the angry shouts at frightened children unable even to understand the words hurled at them has been the reaction of political leaders. Appearing on Fox News Sunday, Gov. Rick Perry demanded that the President dispatch National Guard troops to the border, for who knows what purpose. Rep. Louie Gohmert (R. Texas) has been even more vocal. Most of you may recall Rep. Gohmert’s rants several years ago about “anchor babies” born in the United States to be trained as terrorists. This time around he is claiming that the Administration is encouraging the influx of unaccompanied children as part of a plot to turn America “blue” and “ensure Republicans will never get elected again.” Of course, that will require that all of these tens of thousands of children survive the various diseases with which he also claims them to be infected and carrying over the border. Rep. Gohmert could be dismissed as another congressional crackpot but for the fact that he currently serves as vice chair of the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security. (more…)

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Submitted By Darren Smith, Weekend Contributor

Streisand Estate

Le Cap Streisand

We previously reported of an outrageous lawsuit by the owners of the Il Giardino Restaurant in Cap Ferret, France who sued a blogger critical of the dining experience, HERE. Essentially Caroline Doudet was sued by the restaurant’s owners because her allegedly disparaging blog post ranked highly on Google searches for the restaurant–fourth in a Google search return the lawsuit claimed. The title of her critique was in the English, “The place to avoid in Cap Ferret, Il Giardino” and was the cause leading to the lawsuit, according to paperwork filed.

“I was really stunned and disgusted, and of course I will worry now [whenever I] write a negative review,” Doudet said of the effect of the case in an e-mail to Wired.co.uk. “I regret the article, because it’s so much noise for nothing.”

Nevertheless a French Court handed down an emergency ruling blocking the article’s title and awarding Il Giardino €2,500 in fines and court costs.

The restaurant’s owners claimed the title defamed them, causing great damage to a business they worked fifteen years, seven days a week to build and the Google ranking was causing them increasing harm. But in what became a new definition of “Damage Award” the internet came alive and rendered a harsh judgment in its court of appeals. Fame became infâme. And the repercussions were magnifique.

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

We have heard the phrase for quite some time now.  “Corporations are people”.  It sounds so simple, but what does it mean in practice?  The corporate structure is designed to protect individual shareholder assets from creditors of the corporation.  If you maintain your corporate structure requirements and corporate book, the individual’s assets cannot be attached or claimed by a creditor of the corporation.

Corporations are also afforded special tax breaks and tax rates that individual persons cannot take advantage of.  How has the Hobby Lobby decision altered or not altered the corporate veil protection provided to corporations?  (more…)

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