Our right to sue when injured...

How much responsibility legally do companies have when it comes to items or products that are later proven to cause a health risk? That's one of the things I've always wondered about when you start reading about types of diseases and finding a Mesothelioma Lawyer. There was a time when asbestos was not deemed as a health risk, then there of course came the time period when it was known that it does cause that type of cancer. There are of course a variety of variables, when the manufacturer of a product knew the concerns were possible, what steps did they take, what protections were offered. Now you can find a Mesothelioma Attorney who will know more about your legal options.

Despite how long ago problems were known about asbestos, it still is having a large impact on the lives of many others...When reading more about Malignant Mesothelioma you can learn how some have survived the disease longer than doctor's expectations. It does not promise a cure, has provided hope as far as answers for some.

78 year old Julian Heicklen still in jail...

Heicklen is a libertarian and jury rights advocate who was arrested on May 25 for the "crime" of attempting to distribute Fully Informed Jury Association (FIJA) fliers on public property in front of the US District Courthouse in Manhattan. The formal charges against the 78 year old man are "disorderly conduct" and "resisting arrest."

He is currently being held in the New York City Jail at Riker's Island awaiting a scheduled June 8 hearing though it appears when reading a blog that has been focusing on his case, (link) that there's some concern that the date might be extended. Normally you'd expect someone charged with that level of crime to be out on bail, however he is being held without bail.

When reading another site, jailed activists it's suggested that there was no bond in this case due to a prior failure to appear. I also recommend reading Heicklen's self bio...

And another arrest...

Reported on Reason:

Libertarian activist George Donnelly participating in, and filming, a Fully Informed Jury Association (FIJA) action outside a federal courthouse in Allentown, PA, was assaulted, arrested, and had his camera taken by federal agents earlier this week. Full report on the details of the incident from the Libertarian Examiner.

Yesterday, from a new Libertarian Examiner report, Donnelly is now out of jail, though it is unclear from their report whether the charges were dropped.

Libertarian photographer sues Dept. of Homeland Security after arrest for filming courthouse protest

I missed this story...in the New York Daily News:

Antonio Musumeci, a 29-year-old software programmer, videotaped the arrest of a Libertarian activist outside Manhattan Federal Court last year.

His lawsuit says that even though he was standing in a public plaza next to the courthouse, an inspector with the Federal Protective Service told him he was under arrest.

Musumeci was forced to sit on the sidewalk for 20 minutes, he says. His camera memory card was confiscated and he got a ticket for filming on federal property, a violation.

The ticket was later dismissed in Manhattan Federal Court, court papers say. His memory card was never returned.

Musumeci, himself a member of the Manhattan Libertarian Party, later returned to the courthouse to videotape other political protests organized by the group and made sure to stand on the public sidewalk.

Even so, he was again threatened with arrest, according to the lawsuit the New York Civil Liberties Union filed Thursday on his behalf.

A view point in support of the Supreme Court ruling...

Colin Bannon shares his thoughts on why Supreme Court Ruling is good news for Libertarian Candidates . He makes some thought provoking points, a few of which:

Yet third parties - the Libertarian Party in particular - have the most reason to celebrate. For years the Libertarian party has been appealing the case to the high court arguing that provisions of the McCain-Feingold campaign finance law, part of which was overturned in this morning’s ruling, limited free speech, offered unfair protection to incumbents, and financially crippled any outside opposition. Following this decision, which takes effect immediately, Libertarian candidates will finally be able enlist the financial support of small and large businesses across nation.

The effects of this decision are both timely and decisive for the Libertarian Party. As the growing anti-government sentiment extends further and further across the country, Libertarian ideology has begun to win the hearts and minds of many Americans on both sides of the political spectrum. Up until now, the biggest road block for the party has been the inability to come up with the kind of funding of the two major parties. Now that corporations are free to spend their capital on candidates who they support, that road block may very well have been passed.

Judge orders GOP, Libertarians to repay state $70K

Recommended article from the Seattle Times on the lawsuit from several years ago where all three parties sued on the basis that Initiative 872 was unconstitutional. At first the three parties won and as a part of that case they were awarded legal fees.

Then, as the points out the Supreme Court ruled that Initiative 872 was constitutional. This meant the earlier settlement/payout was voided. It's being reported that the Democratic Party in Washington already paid back the money they were awarded but that the GOP and the Libertarian Party had not. While I recommend reading the full article, two parts of it:

Initially, the parties prevailed in trial and at the 9th U.S. Circuit Court of Appeals, and the state was ordered to pay their lawyers' costs: $55,097 to the GOP, $37,673 to the Democrats and $16,301 to the Libertarians.

Although the judge granted the motion, he did not set a deadline. Coughenour noted in a ruling Tuesday that the Democrats had paid back their share but the GOP and Libertarians had not. At the state's request, Coughenour issued a formal judgment against those two parties, which means interest will begin to accrue on the owed amounts until they are paid off.

While Zimmer attempts to unviel new product questions remain

Earlier this month the FDA did not give Zimmer Holdings, Inc. permission to market a spine stabilization system that they call a Dynesys device as a stand alone product. That alone was not something, new this happens when it comes to medical devices coming before the FDA. What was unusual was that the FDA reviewers earlier raised questions as to possible bias in the company's study, pointing out that a majority of patients were treated by researchers with a financial interest in the company.

While it has not gotten the same news coverage, issues on zimmer durom cup have been raised in courtrooms and on the internet with some experiencing problems after having a durom cup hip replacement.

Law firms such as Maglio Christopher Toale & Pitts have filed cases in court and have provided information on the exact zimmer durom cup types that have been at issue. Apparently there is a different model that was not used in the United States that did not have some of the same failure rates.

What is interesting about this scenario is that the media is not doing any real reporting on the problems that have been reported, it has been some of the law firms that have actually provided more reference material. Which at least means those googling are discovering there could be a problem...

After everything, Pfizer pulling out of New London...

I followed the Kelo versus New London story for a variety of reasons, one of which is that is where my husband is from, another was that I took issue with the way eminent domain was being used there, and had been used here in Toledo. Now, as a sad end to the whole tale, Pfizer is leaving:

Pfizer’s abandonment of its plans for New London render moot the U.S. Supreme Court’s decision on eminent domain in Kelo v. New London. In the case, the city of New London had sought “eminent domain” power to seize the houses of several people living in a run-down neighborhood. The land was to be transformed into Pfizer’s new facility. The city argued it needed to bulldoze blighted areas in order to redevelop them. Susette Kelo argued the government should not have the right to take her home.

Libertarians Applaud Federal Reprieve For Medical Marijuana

It's never made sense to me to go after people like Charles Lynch...but? That's what has happened and in theory it's believed new guidelines from the Department of Justice telling prosecutors “should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana” may make a difference.

Time will tell...I highly recommend this video from Reason.tv



Another recommended article on Charles Lynch.

Maine Libertarians Lose Lawsuit on Double Petition Deadlines

On September 16, the Libertarian Party of Maine lost its federal lawsuit against Maine’s system of having one deadline to submit independent candidate petitions to town clerks, and a separate deadline, one week later, to get the signatures from the town clerks to the Secretary of State. Libertarian Party of Maine v Dunlap, cv-08-288. The decision was not a surprise, since the judge had refused to issue injunctive relief in the same case last year. The party pointed out that candidates who petition to get on the primary ballot only face one deadline, but the decision says, in effect, that there are lots of differences between the petitioning process for primary candidates and the process for general election candidates, and such differences aren’t inherently unconstitutional.

Areas of speciality law...

Once upon a time before attorneys advertised, you learned through word of mouth or from a legal referral organization when you were seeking a lawyer who was an expert in one area of the law. Now with the internet, it's easy for people to find a lawyer specializing in what their specific needs are. This has become very specific to not only area of practice but geographically. Let's say you decide to search for a San Jose motorcycle accident attorney with the internet? You'll find one...

Libertarian 101: What is the Libertarian position on drug Prohibition

Recommended article in the series of Libertarian 101, this time by Barry Ritchey II on the topic of the general Libertarian position on drug Prohibition. Part of the recommended piece:

It's not that libertarians necessarily approve of the behavior; we simply realize that Prohibition doesn't work. Moreover, we understand that it does more to make Americans unsafe that any other single factor.

First let's take a look at history. From 1919 to 1933 the Federal government outlawed the manufacture, transport, sale, and consumption of alcoholic beverages by way of the 18th Amendment. Widely supported by a popular majority of well-meaning religious groups in 36 of 48 states, citing the societal decay and "deviant" behavior under the influence of alcohol, they decided to establish a law banning its use for everyone.

Soon thereafter, major unintended consequences came to the surface. Firstly, gangs immediately filled the void. Mafia groups soon moved out of small-time thievery and gambling and into bootlegging and racketeering. In turn, corrupting law enforcement and creating an arms race between the rival gangs. Secondly, otherwise law abiding Americans became criminals overnight, leading to widespread disrespect for the "rule of law". On top of that, not having that $500 million of tax revenue annually had a devastating effect on government budgets. Lastly, the cost of enforcement, with no way of measuring its impact, was enormous and wholly ineffective, with nearly 100,000 "speakeasy clubs" operating in New York alone.

Are Libertarians For Intellectual Property?

As has been stated here before, there are issues that Libertarians don't agree on, at times it can be really interesting to read the different arguments. This article, Are Libertarians For Intellectual Property? is one of those situations where it appears there is a divergence of thought on the topic of patents and intellectual property.

It's a recommended read for those of you interested in digging deeper into the world of law, patents and freedom...

Speciality lawyers...

Our system of government and courts has become so complicated that there are a variety of areas where lawyers specialize in. This goes far beyond what you might think of when you think of lawyers that specialize in accidents or injuries, where specific diseases have created enough lawsuits that there are firms that specialize on one or more of these areas. Mesothelioma lawyers is just one example that over a decade ago you probably would not have heard about.

Why some Libertarians took issue with Sotomayor...

There is one main reason that some Libertarian groups actively opposed the appointment of Sotomayor to the Supreme Court, her stance on guns and self defense.

Though it doesn't appear any of these concerns expressed mattered, they are worth pointing out:

WASHINGTON — America’s third largest party reiterated its opposition Wednesday to the Supreme Court nomination of federal judge Sonia Sotomayor after the nominee refused to give a firm answer on whether individuals have the right of self-defense.

“Is there a constitutional right to self-defense?” Sotomayor asked when questioned by Senator Tom Coburn (R-OK) whether or not the Constitution guaranteed him the right of self-defense. “ I can’t think of one. I could be wrong.”

“Whether you agree with her position or not, Judge Sotomayor has had no problem stating that things not directly found in the Constitution are ‘settled law.’ That’s why it’s troubling that when confronted with a constitutionally-enshrined principle she disagrees with, the right to keep and bear arms for the defense of one’s rights, things are suddenly muddled and up for debate,” said Donny Ferguson, Libertarian National Committee Communications Director.

“The Libertarian Party is the only party that never compromises in its defense of our Second Amendment-guaranteed rights. That’s why we have opposed Judge Sotomayor’s nomination from the moment we reviewed her troubling anti-gun record. Judge Sotomayor’s answers Wednesday further show she believes the law should flow from her own personal biases and not the literal wording of the Constitution,” said Ferguson.

Nice resource for libertarianish news

If you have never stopped by SmallGovTimes.com it's a source I try to read on a regular basis. While most of you who are regular readers know I battle between the liberal part of me and my libertarian up bringing, I typically find quite a few articles of interest there that you won't read in the traditional media.

One recent piece that is very thought provoking is Individualism and Self Defense. I highly recommend it as it will make you stop and think about what you perceive you have a right to as a citizen versus the realities of what the constitution states.

Ohio is easier than California in many ways

There may be more employment opportunities in California right now, but as my one daughter has recently discovered, the bureaucratic mess in California makes simple things like switching car insurance or driving your car more complicated. She had to pay to have her car inspected, then instead of being given her license on the spot as happens in Ohio? She had to wait for it to be mailed which has taken over a month.

Many decide to not bother and to keep their drivers licenses from the state they lived in and I can see why, they actually don't seem to have any interest in providing fast or good customer service...

Annoying anonymous blogging already illegal?

There's been some discussion about the move in Kentucky to make anonymous blogging illegal, yet most people don't seem to remember what happened in 2006, US President George W Bush ratified a in January of 2006 that makes it illegal for people in the United States to post anything to a blog that could be deemed “annoying” anonymously.

The law, which was buried in the Violence Against Women and Department of Justice Reauthorization Act, titled “Preventing Cyberstalking” rewrites existing telephone harassment law to prohibit anyone from using the Internet “without disclosing his identity and with intent to annoy.”

Roger Avary co-writer of Pulp Fiction kills man after driving drunk...

I don't normally write about this type of thing on this particular blog but considering the previous post on the topic of drug rehab, it caught my eye. It appears that Roger Avary was driving early Sunday when his car spun out of control and hit a telephone pole in Ojai. He was arrested and booked on suspicion of gross vehicular manslaughter and felony drunken driving.

Killed in the crash was Andreas Zini, 34, a resident of Italy who was apparently visiting Avary and his wife, Gretchen, 40, according to the sheriff's department. Gretchen Avary was seriously injured but is expected to survive, said Capt. Jerry Hernandez. The theme of friends should not let friends drive drunk seems to ring true here.

Crime strikes next door...

We've experienced several episodes of cars being broken into in our neighborhood during the past year, but we just had a visit from our next door neighbor asking us if we heard anything last night. Evidently someone broke into their home and stole several items, including a plasma television set. It seems odd because our security system (two dogs that bark at everything) did not go off last night at all, and they also have a dog who barks at anyone who walks by. I did not get a chance to ask them if for some reason they took the dog with them, but at first glance the situation seems strange.

It does however drive home the message that even when you feel you are safe and secure, you may not be...