Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘substantive due process’

… Harvard should be Ashamed [#Sexual Harassment Policy]…

Posted by paulfromwloh on Wednesday,April 20th,2016

.. the College has adopted a new policy .

.. like many colleges and universities , it has turned the notion of due process into an obscene joke . Anyone who is accused is inserted into , in effect , the ” star chamber ” process . It will be next to impossible for anyone [guilty or innocent alike] to defend themselves …

.. [h/t — m.NationalReview.com]..
.. [link] to the commentary …

.. 25 Harvard Law professors came out with a signed letter in the Boston Globe , roundly condemning the policy . They strongly advocate that the college start all over again , and derive a new and fairer policy , one that gives people who are accused a fair shot to defend themselves …

.. I highly concur . I have seen university disciplinary procedures in action , They are no fun . At least , not guilty or guilty , an accused person should have the right to defend themselves . Even more important . they should have the presumption of innocence , and their guilt beyond a reasonable doubt must be proven …

.. this needs to be done , because a proceeding , especially with a state school , can easily find itself hauled into court . A judge will measure the proceeding , and ask : was the process fair ? was the judgement fair ? …

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Posted in legal opinion, legal question, personal opinion, rule of law | Tagged: , , , , , , , , , | Leave a Comment »

… I hope that the Institute for Justice goes after This [#civil asset forfeiture]…

Posted by paulfromwloh on Saturday,December 5th,2015

.. where assets are used as ” instruments ” in crime , o.k. …

.. once someone is convicted , then seize it …

.. before conviction , then put a lien on it , or civil sanctions , so that the asset does not disappear …

.. [h/t –– HotAir.com]…
.. [link] to the news article …

.. where the IforJ is going after this , is where the instrument may be involved in a crime , but the owner is not . If the owner is not , and is not convicted , then the government should keep its hands off . Things that are clearly illegal , or are the product of illegal acts , O.K. …. but , just simple personal property or other assets , No ! …

.. people deserve their day in court . They deserve a hearing before any asset is seized , or seizure proceedings are instituted against the asset . Then , someone can know what they face . Seizing it w.o. due process is just clearly wrong , 1000% …

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… Earth to POTUS [#UN speech]…

Posted by paulfromwloh on Tuesday,September 30th,2014

.. the proceedings in Ferguson , Mo and St. Louis County are still before the grand jury , genius ….

.. [h/t — Twitchy.com]..
.. [link] to the tweets / post …

.. give the grand jury a chance to do its work , for God ‘ s sake . If there is an indictment , then give whoever is indicted their day in court ….

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… Things Get Worse for the N.F.L. [#Ray Rice]…

Posted by paulfromwloh on Wednesday,September 17th,2014

.. Rice is being penalized under two different policies , as I understand it ..

.. his initial suspension was under the domestic violence policy , that being for 2 games . The added suspension was administered , I believe , under the personal conduct policy …

.. a player can be penalized , at times , under both policies , Yes . But they have to be penalized for separate acts . Rice ‘ s acts were not separate …

.. [h/t — TMZSports.com]..
.. [link] to the elevator attack video …

.. they were the same act , but out of sequence …. the current video follows the previous one …. Rice cannot receive different suspensions for the same act …

.. it gets worse . The league has made Rice ” radioactive ” to all 32 teams , including the ugh – Ravens . They have stated that any intent to sign Rice would be ” a very bad idea . ” The NFL cannot put a ” scarlet letter on a player , except under the terms of the C.B.A. ….

.. so , the N.F.L. has problems on multiple fronts . I thought that the antics for my favourite team [Browns ‘ owner Jimmy Haslam , for the actions of his employees at his trucking stop company , Pilot Flying J] were bad . This is waaaay worse …

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… the Death Penalty is Constitutional …

Posted by paulfromwloh on Wednesday,May 7th,2014

.. so , get over it , folks ..

.. yes , there are problems . Oklahoma goofed on the execution of Clayton Lockett the other day . He gets sympathy , while there is scarcely any mention of his crime , or why he was on death row in the first place …

.. Lockett was a murderer . He murdered a 18 year old young teenage girl , with his co – horts helping him to bury her A-L-I-V-E . She suffocated to death , folks . Can anyone imagine a more horrific way to die , especially with mortal wounds , as well . Let ‘ s not forget about her , too

.. the Death Penalty is neither cruel nor unusual . We have determined as a society that there are crimes that are so disgusting and so heinous that the ultimate sanction , the death penalty , is warranted .

.. In some cases , the evolution of our society has restricted the Death Penalty , somewhat . We no longer execute the mentally retarded . We also do not execute minors (those under 18 years of age .) . So , while some things have changed , we still want the ultimate penalty to exist and be used …

.. remember the victim . her name  was Stephanie Neiman . She had just graduated high school just 2 weeks before the day that she was murdered . You can better believe it that she suffered …

Stephanie Neiman was proud of her shiny new Chevy truck with the Tasmanian Devil sticker on it and a matching “Tazz” license plate. Her parents had taught the teenager to stand up for “what was her right and for what she believed in.”

Neiman was dropping off a friend at a Perry residence on June 3, 1999, the same evening Clayton Lockett and two accomplices decided to pull a home invasion robbery there. Neiman fought Lockett when he tried to take the keys to her truck.

The men beat her and used duct tape to bind her hands and cover her mouth. Even after being kidnapped and driven to a dusty country road, Neiman didn’t back down when Lockett asked if she planned to contact police.

The men had also beaten and kidnapped Neiman’s friend along with Bobby Bornt, who lived in the residence, and Bornt’s 9-month-old baby.

Stephanie-Neiman

Steve and Susie Neiman asked jurors to give Lockett the death penalty for taking the life of their only child, who had graduated from Perry High School two weeks before her death.

Lockett later told police “he decided to kill Stephanie because she would not agree to keep quiet,” court records state.

Neiman was forced to watch as Lockett’s accomplice, Shawn Mathis, spent 20 minutes digging a shallow grave in a ditch beside the road. Her friends saw Neiman standing in the ditch and heard a single shot.
Lockett returned to the truck because the gun had jammed. He later said he could hear Neiman pleading, “Oh God, please, please” as he fixed the shotgun.

The men could be heard “laughing about how tough Stephanie was” before Lockett shot Neiman a second time.

“He ordered Mathis to bury her, despite the fact that Mathis informed him Stephanie was still alive.”

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… You Participate in Public Discourse …

Posted by paulfromwloh on Friday,April 11th,2014

.. and , what does it get you ?

.. a suspension from your community college …

.. [h/t — theGatewayPundit]..
.. [link] to the blogpost …

.. it seems that two neighbouring states , New York and Connecticut , are two of the most anti – gun states in the Union . New York ‘ s Williams Act [just over a century old] is infamous in gun rights circles . It makes getting a permit just to own a gun next to impossible . Connecticut is almost as bad …

.. this young man , Nicolas Saucier confronted gun – grabbing Connecticut Governor Dan Milloy [who , himself is in deep political trouble] at an event at his school , Asanuntuck Community College . Well , the authoritties at his school did not like it one bit . So , what happened ?

.. bye – bye . Saucier was suspended from school . I wonder how those folks feel about a lawsuit from the Foundation of Individual Rights in Education , or F.I.R.E. . I would think that Saucier would have grounds for a civil rights action against his school , along with being transferred to the school of his choice ….

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… What in God ‘ s Name are Union Reps …

Posted by paulfromwloh on Tuesday,April 1st,2014

.. doing going along with O.S.H.A. at a safety inspection for a company ?

.. They have no business being there . None . None at all . It should be and must be the company and the regulatory agency with the agency act . Not a third party . The government sure as hell does not have the legal authority to do such a thing …

.. [h/t — DailyCaller]..
.. [link] to the article ..

.. where in the hell does O.S.H.A. get the legal authority to pull such a stunt . Now , by doing this , they call into question their impartiality and neutrality as a regulator , and drag in any number of other issues (labor – related , naturally) into a dispute …

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… An Interesting Take [on EcoSocialist Activism] …

Posted by paulfromwloh on Thursday,March 27th,2014

.. Oklahoma AG Scott Pruitt has found a rather rich but novel way to hold the government to the letter of the law , and block the ” sue and settle ” antics that have been going on for years . It has gotten rampant under the ObamaCraps , where the ” sue and settles ” have gotten out of hand …

.. what is AG Pruitt ‘ s novel solution ?

.. hold the government to the letter of the law .

.. [h/t — NationalReview]..

.. [link] to the article ..

.. under the Administrative Procedures Act , these dummies are circumventing all sorts of rules and authority . This type of authority is stuff that the agencies do not have , especially the E.P.A. . The E.P.A. should know better . The ecosocialist groupies could care less . Well , it is about time that somebody calls them on it …

.. steps that the state and local government have taken are a prat of the protocol . The ecoweenies have a habit of forgetting that . It is time that the judiciary call them on the carpet for it …

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… What is the ATF thinking ?? …

Posted by paulfromwloh on Thursday,March 27th,2014

.. these guys at Ares Armor have an injunction against the government doing just this , and they come in anyway …

.. O U T R A G E O U S !! ..

.. [h/t — theGatewayPundit]..
.. [link] to the blog post / video segment ..

.. what in the hell is the ATF doing ? running around like a bunch of kids running loose , with no parental supervision ?? where is the U.S. Attorney on this …

.. this is a local Fox affiliate in Oceanside , CA [greater San Diego] that did a lengthy story on the Ares Armor situation . It contains quite a bit of useful material . It is well worth your time to watch it …

.. [link] to the news piece …

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