Keyword: foreignlaw
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Law: President Obama's nominee for State Department legal adviser could be a future Supreme Court pick. He believes U.S. law should be based on foreign precedent, and even Shariah law could find a home here.We have commented many times on the opinion of a number of U.S. Supreme Court justices that American jurists should include foreign law and precedent in their decisions. In several prominent cases, this has already happened. In a speech in South Africa, Justice Ruth Bader Ginsburg called the March 2005 Roper v. Simmons decision, in which a 5-4 majority ruled against executing murderers who were 17...
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(Angry Patriot) – America is finally starting to fight back against the Muslim invasion, even if it is only one state at a time.Montana is spearheading legislation to keep Sharia Law from being implemented within its borders, this time FOR GOOD. Senate Bill 97, which was proposed by Sen. Keith Regier, prohibits state courts from using foreign laws, just advanced in the House with a 56-44 vote. (via Billings Gazette).It is truly astonishing how the Democrats have such little respect for our founding fathers, that they were able to muster up 44 votes to ensure the savage ideals of Sharia...
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Did you get here Googling "exotic wood raids?" Is this not what you expected? I'm sorry. Settle in for some hot public policy.Last we checked in with Gibson, the famed Tennessee guitar maker had been raided twice by armed federal agents, who seized almost $500,000 in exotic wood imported from India and Madagascar and shut down production. The ebony and rosewood in question have been used for decades to make the instrument's fingerboards and are integral to their style and sound, the company said. (Great video background from Reason, here.)This week, Gibson settled with the government in a "criminal enforcement...
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NEW DELHI: The Centre on Thursday opposed the dilution of Section 377 of the Indian Penal Code (IPC) by the Delhi High Court, which decriminalised sexual acts, in private, between consenting adults of the same sex and urged the Supreme Court to reverse the landmark ruling. The UPA government told the Supreme Court that the HC had erred because a vast section of the Indian society still considered homosexuality immoral. The Delhi High Court on July 2, 2009, had delivered a historic judgement to amend a 149-year-old law - Section 377 of the IPC - and decriminalise private consensual sex...
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Henry Juszkiewicz, the CEO of Gibson Guitars, Inc. was on The Dana Loesch Show on Friday. Gibson is under attack by the the Obama Justice Department for accusations that the company broke American Indian laws. Juszkiewiz said the government suggested that the company's use of unfinished wood from India is illegal, not because of U.S. law, but because of the Justice Department's interpretation of a law in India. The Holder Justice Department raided at least two Gibson manufacturing plants this week forcing hundreds of workers off their jobs. Juszkiewiz says the company lost a million dollars this week. Finally, Henry...
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You can't burn a Koran in a crowded theater, and Supreme CourtJustice Stephen Breyer suggests that to placate foreign extremists, Koran burning might be banned everywhere else in America too. In an interview aired Tuesday on ABC's "Good Morning America,"Justice Breyer, who is on tour promoting his new book, averred that in the Internet age, speech traditionally protected by the First Amendment may have to be weighed against its global impact. George Stephanopoulos asked the justice about the canceled Sept. 11 Koran burning proposed by Pastor Terry Jones, and whether the fact that people riot in Afghanistan over what happens...
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WASHINGTON (AP) -- Supreme Court nominee Elena Kagan says foreign law could be useful "for getting good ideas" when interpreting the U.S. Constitution but that justices should not feel bound by it. Kagan was speaking Tuesday in response to questioning by Republican Sen. Charles Grassley on the role of international law in U.S. courts, which some conservatives oppose.
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On May 10, 2010, President Obama nominated Elena Kagan to the Supreme Court to fill the vacancy from the impending retirement of Justice John Paul Stevens at the end of the Supreme Court's 2009–2010 term. A significant entry in the catalog of Ms. Kagan’s remarkable achievements is her deanship of the über-prestigious Harvard Law School. In 2003, she was named, as the school’s first female dean, to succeed Robert C. Clark, who had held that post for over a decade. While manning the helm at Harvard Law, she attracted attention of alumni and observers for steering the ship away from...
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Elena Kagan's Reliance on Foreign Law Worries Pro-Life Group Washington, DC -- Elena Kagan's reliance on foreign law for statutory interpretation presents another concern for pro-life advocates, says Americans United for Life in a new memo about President Barack Obama's Supreme Court nominee. The pro-life legal group says Kagan could use it as another basis to support legal abortions. http://LifeNews.com/nat6354.html
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(NEW YORK – C-FAM) On Monday, President Barack Obama announced the nomination of Elena Kagan to the position of Associate Justice on the United States (US) Supreme Court. Based on a review of the rather meager writings and public statements by Kagan, a picture still emerges of a liberal activist whose sympathies for foreign law raise serious questions about how she would follow the US Constitution if she is confirmed. During her Senate confirmation hearings last year to become US Solicitor General (the attorney that represents the US government before the Supreme Court), Kagan was asked about her...
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The American war crimes ambassador said Thursday in the Hague that the U.S. is committed to ending impunity for crimes against humanity, in a speech signaling a softening of hostility toward the International Criminal Court. Stephen Rapp's brief remarks marked the first time a U.S. diplomat has addressed the 110-nation Assembly of State Parties, which oversees the court's work and budget.
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In their efforts to improve the situation of women around the globe, a handful in the international community believe there should be no honoring of motherhood in public policy since motherhood "traps" women in lowly domestic endeavors instead of using their talents in the workforce.
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There is an old saying, "A man who is capable of deceiving only others is not nearly as dangerous as a man who is capable of deceiving himself." Truer words were never spoken. When a person lies, he is deceiving others about reality, but at least knows he is engaging in deception. But when someone rationalizes — which is when you lie to yourself — he is truly lost. He then not only bends reality for others as a by-product of bending it for himself, but he can render untruths without having to lie. This is because a lie is...
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On special occasions, I wear a red silk tie printed with 56 signatures, all but one of them in black; the featured one in white is “Th. Jefferson.” The names are, of course, the signers of the Declaration of Independence. When asked, I tell folks I practice law for a bunch of dead guys. They pay me nothing. But it is an honor to represent them, especially when it reaches into the Supreme Court. That brings me to President Obama’s nomination of Harold Koh, Dean of Yale Law School, as Legal Advisor to the State Department. This nomination is a...
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What is wrong with this picture? We learned this weekend that a Spanish judge, Baltasar Garzon, is preparing to prosecute six Americans who worked as senior legal and policy advisers to former President George W. Bush - including former Attorney General Alberto R. Gonzales and Undersecretary of Defense Douglas J. Feith. The purported crime? The opinions they provided Mr. Bush supported the use of torture against enemy combatants. Most Americans would find this assertion of what has come to be called “transnational law” to be troubling on several grounds. Its application is an affront to due process and the rule...
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JUDGES should interpret the Constitution according to other nations' legal "norms." Sharia law could apply to disputes in US courts. The United States constitutes an "axis of disobedience" along with North Korea and Saddam-era Iraq. Those are the views of the man on track to become one of the US government's top lawyers: Harold Koh.
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In a short essay, An American Amendment, Nick Rosenkranz proposes a constitutional amendment: "This Constitution was ordained and established by the People of the United States, and so it shall not be construed by reference to the contemporary laws of other nations." Interesting.
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WASHINGTON, (AP) -- Just who was Justice Anthony Kennedy calling out when he fired back at critics of the Supreme Court's use of international law in its opinions? "There was kind of a 'know-nothing' aspect to the debate, it seems to me," Kennedy said, recounting the hue and cry that followed his opinion outlawing the execution of people who were not yet 18 when they killed. In the 5-4 ruling, Kennedy invoked the practice of other countries in support of his position. Only a few countries continue to allow the execution of juveniles. "This confirms our judgment" that the death...
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STRASBOURG, April 26, 2007 (LifeSiteNews.com) - In a disgraceful debate in the European Parliament (EP) yesterday, Members of the European Parliament from France, the Netherlands and Italy, among others, vilified Poland as "hateful" and "repulsive" for refusing to allow promotion of homosexuality in schools. A vote was held today to approve an EP resolution chastising Poland for 'homophobia.' The resolution - adopted by 325 votes to 124, with 150 abstentions - calls for a fact-finding mission to be sent to Poland, for "worldwide de-criminalisation of homosexuality" and for the Commission to take Member States to court if they breach their...
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CENTENNIAL — A Saudi woman was sentenced to two months in state jail Tuesday for theft after essentially stealing the services of an Indonesian woman whom prosecutors said was held as a virtual slave for four years. Sarah Khonaizan, 35, also was ordered to pay $90,000 in restitution and ordered not to have any contact with the 24-year-old woman. The judge credited her for 15 days of jail time already served. Last week, a federal judge sentenced her to five years of probation and ordered to pay $26,275 in restitution after pleading guilty to harboring an illegal immigrant. Her attorney,...
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