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  • #91
    Re: The Power of the SCOTUS Part VI - Roberts rules disorder

    In the Commonwealth, harassing speech is not free.
    http://www.bostonglobe.com/metro/201...qDI/story.html
    CCT '77 & '78
    4 kids
    5 grandsons (BCA 7/09, CJA 5/14, JDL 8/14, JFL 6/16, PJL 7/18)
    1 granddaughter (EML 4/18)

    ”Any society that would give up a little liberty to gain a little security will deserve neither and lose both.”
    - Benjamin Franklin

    Banned from the St. Lawrence University Facebook page - March 2016 (But I got better).

    I want to live forever. So far, so good.

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    • #92
      Originally posted by joecct View Post
      In the Commonwealth, harassing speech is not free.
      http://www.bostonglobe.com/metro/201...qDI/story.html
      Seems reasonable to me.

      Comment

      • #93
        Re: The Power of the SCOTUS Part VI - Roberts rules disorder

        Originally posted by ericredaxe View Post
        Seems reasonable to me.
        Me, too.

        who filed a fake claim of child abuse against a neighbor.
        What is wrong with people?
        Cornell University
        National Champion 1967, 1970
        ECAC Champion 1967, 1968, 1969, 1970, 1973, 1980, 1986, 1996, 1997, 2003, 2005, 2010
        Ivy League Champion 1966, 1967, 1968, 1969, 1970, 1971, 1972, 1973, 1977, 1978, 1983, 1984, 1985, 1996, 1997, 2002, 2003, 2004, 2005, 2012, 2014, 2018, 2019, 2020

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        • #94
          Re: The Power of the SCOTUS Part VI - Roberts rules disorder

          Originally posted by unofan View Post
          No.
          Is that really the issue, though? I understand that the best approach to limiting that sort of fishing expedition (see what I did there) is illegal search and seizure, not quartering soldiers, but the idea of your property being your "house" for the interpretation of some of these laws isn't quite so clear, right? Isn't your car in some sense your "house" when it comes to searches? So in the same sense, couldn't something like a repository of your data be your "house"?
          Cornell University
          National Champion 1967, 1970
          ECAC Champion 1967, 1968, 1969, 1970, 1973, 1980, 1986, 1996, 1997, 2003, 2005, 2010
          Ivy League Champion 1966, 1967, 1968, 1969, 1970, 1971, 1972, 1973, 1977, 1978, 1983, 1984, 1985, 1996, 1997, 2002, 2003, 2004, 2005, 2012, 2014, 2018, 2019, 2020

          Comment

          • #95
            Originally posted by Kepler View Post
            Is that really the issue, though? I understand that the best approach to limiting that sort of fishing expedition (see what I did there) is illegal search and seizure, not quartering soldiers, but the idea of your property being your "house" for the interpretation of some of these laws isn't quite so clear, right? Isn't your car in some sense your "house" when it comes to searches? So in the same sense, couldn't something like a repository of your data be your "house"?
            Nope. You have a greater expectation of privacy for your house or things on your person, but the third amendment never comes into play. It all goes towards the reasonableness part of the fourth. Any definition of house for fourth amendment purposes starts with it being a place you reside in and then gets refined from there (do mobile homes count? Cars for homeless people? Etc) You cannot reside in a phone.

            There has never been a single SCOTUS case dealing with the third amendment. It means exactly what it says.
            Last edited by unofan; 12-24-2014, 10:32 AM.

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            • #96
              Re: The Power of the SCOTUS Part VI - Roberts rules disorder

              Originally posted by unofan View Post
              You cannot reside in a phone.
              You haven't met my daughter.
              Cornell University
              National Champion 1967, 1970
              ECAC Champion 1967, 1968, 1969, 1970, 1973, 1980, 1986, 1996, 1997, 2003, 2005, 2010
              Ivy League Champion 1966, 1967, 1968, 1969, 1970, 1971, 1972, 1973, 1977, 1978, 1983, 1984, 1985, 1996, 1997, 2002, 2003, 2004, 2005, 2012, 2014, 2018, 2019, 2020

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              • #97
                Re: The Power of the SCOTUS Part VI - Roberts rules disorder

                Ok that's hilarious
                Code:
                As of 9/21/10:         As of 9/13/10:
College Hockey 6       College Football 0
BTHC 4                 WCHA FC:  1
                Originally posted by SanTropez
                May your paint thinner run dry and the fleas of a thousand camels infest your dead deer.
                Originally posted by bigblue_dl
                I don't even know how to classify magic vagina smoke babies..
                Originally posted by Kepler
                When the giraffes start building radio telescopes they can join too.
                He's probably going to be a superstar but that man has more baggage than North West

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                • #98
                  Re: The Power of the SCOTUS Part VI - Roberts rules disorder

                  Interesting court case, not at federal SCOTUS level yet but at State SCOTUS currently.

                  A 17-year old girl has cancer and has refused chemotherapy. Her parents did not want to force it on her against her will. The State DCF* heard about it and intervened and took the girl away from her parents in order to force her to undergo chemo even though she doesn't want it.

                  The girl now has a public defender and the parents also have retained counsel and both parties have filed suit against the DCF intervention. Case will go to state SCOTUS within the month.




                  * Department of Children and Families
                  "Hope is a good thing; maybe the best of things."

                  "Beer is a sign that God loves us and wants us to be happy." -- Benjamin Franklin

                  "Being Irish, he had an abiding sense of tragedy, which sustained him through temporary periods of joy." -- W. B. Yeats

                  "People generally are most impatient with those flaws in others about which they are most ashamed of in themselves." - folk wisdom

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                  • #99
                    Re: The Power of the SCOTUS Part VI - Roberts rules disorder

                    Who the hell has the right to tell her she has to suffer through chemo...
                    "It's as if the Drumpf Administration is made up of the worst and unfunny parts of the Cleveland Browns, Washington Generals, and the alien Mon-Stars from Space Jam."
                    -aparch

                    "Scenes in "Empire Strikes Back" that take place on the tundra planet Hoth were shot on the present-day site of Ralph Engelstad Arena."
                    -INCH

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                    • #100
                      Originally posted by handyman View Post
                      who the hell has the right to tell her she has to suffer through chemo...
                      The types that scream BUT IT'S FOR THE CHILDREN!!!!
                      CCT '77 & '78
                      4 kids
                      5 grandsons (BCA 7/09, CJA 5/14, JDL 8/14, JFL 6/16, PJL 7/18)
                      1 granddaughter (EML 4/18)

                      ”Any society that would give up a little liberty to gain a little security will deserve neither and lose both.”
                      - Benjamin Franklin

                      Banned from the St. Lawrence University Facebook page - March 2016 (But I got better).

                      I want to live forever. So far, so good.

                      Comment

                      • #101
                        Re: The Power of the SCOTUS Part VI - Roberts rules disorder

                        Originally posted by Handyman View Post
                        Who the hell has the right to tell her she has to suffer through chemo...
                        It's not quite as unusual a situation as you would think. She is probably considered incompetent under applicable state law to make that decision due to her minor status. Her parents have customary decision making authority, but a guardian ad litem was probably appointed to represent her best interests. Fairly similar to cases in which children are temporarily removed from a home by Human Services against the parents' wishes for reasons related to the health and safety of the children, pending a contested hearing.

                        Comment

                        • #102
                          Re: The Power of the SCOTUS Part VI - Roberts rules disorder

                          Originally posted by burd View Post
                          a guardian ad litem was probably appointed to represent her best interests. Fairly similar to cases in which children are temporarily removed from a home by Human Services against the parents' wishes for reasons related to the health and safety of the children, pending a contested hearing.
                          hmm...the TV news story said that the girl had a public defender representing her in a lawsuit against DCF. Would be odd for her to have both a guardian ad litem and a public defender "representing" her even though they would also be opposed to each other?
                          "Hope is a good thing; maybe the best of things."

                          "Beer is a sign that God loves us and wants us to be happy." -- Benjamin Franklin

                          "Being Irish, he had an abiding sense of tragedy, which sustained him through temporary periods of joy." -- W. B. Yeats

                          "People generally are most impatient with those flaws in others about which they are most ashamed of in themselves." - folk wisdom

                          Comment

                          • #103
                            Re: The Power of the SCOTUS Part VI - Roberts rules disorder

                            Originally posted by FreshFish View Post
                            Interesting court case, not at federal SCOTUS level yet but at State SCOTUS currently.

                            A 17-year old girl has cancer and has refused chemotherapy. Her parents did not want to force it on her against her will. The State DCF* heard about it and intervened and took the girl away from her parents in order to force her to undergo chemo even though she doesn't want it.

                            The girl now has a public defender and the parents also have retained counsel and both parties have filed suit against the DCF intervention. Case will go to state SCOTUS within the month.




                            * Department of Children and Families
                            Do you have a link for that? (Or did I miss it?)

                            Without more information, it is really hard to comment either way. From the way you presented it, a 17 y/o has a good chance of being deemed decisional and thus can make medical decisions. I feel there is more to the story as I have never heard of a DCF or equivalent acting in this way. Additionally, most cases that have gotten this far have a huge backstory and a lot of work put in by both sides. I would bet an ethics committee is involved.

                            I would also add that the term "chemotherapy" is very broad and may be used to sensationalize the story. The horrible images is brings up in all of us may not actually be side effects of her particular therapy, but without more information, it is impossible to tell.
                            In the immortal words of Jean Paul Sartre, 'Au revoir, gopher'.

                            Originally posted by burd
                            I look at some people and I just know they do it doggy style. No way they're getting close to my kids.

                            Comment

                            • #104
                              Re: The Power of the SCOTUS Part VI - Roberts rules disorder

                              Originally posted by FreshFish View Post
                              hmm...the TV news story said that the girl had a public defender representing her in a lawsuit against DCF. Would be odd for her to have both a guardian ad litem and a public defender "representing" her even though they would also be opposed to each other?
                              Having both personal counsel and a guardian ad litem is not unusual. Retained or court appointed counsel's obligation is to advocate the child's wishes. The guardian ad litem's obligation is to advocate the child's best interests. They can be, and often are, different. People who go through guardianships due to incompetency are often in this situation, and the two attorneys often have conflicting positions. The person wants to continue living at home without a guardian, and his or her attorney's job is to advocate that position, even if the guardian ad litem feels it is clearly in the person's best interest to be placed outside the home.

                              Comment

                              • #105
                                Originally posted by FreshFish View Post
                                hmm...the TV news story said that the girl had a public defender representing her in a lawsuit against DCF. Would be odd for her to have both a guardian ad litem and a public defender "representing" her even though they would also be opposed to each other?
                                Public defenders are criminal defense attorneys. Guardian ad litems are appointed attorneys who represent a person who is legally incapable of representing themself, normally due to age.

                                Now maybe this state uses public defender to mean guardian ad litem, but the better guess is the reporter got it wrong. The next time I see a general newspaper reporter get a legal concept correct will be the first.

                                Comment

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