Elvado
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Post by Elvado on Feb 1, 2007 14:19:20 GMT -5
You might know then that expressions of opinion are not libelous.
Maybe that's second year stuff, though.
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Elvado
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Post by Elvado on Feb 1, 2007 14:19:39 GMT -5
Peace. I'm finished with this.
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DFW HOYA
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Post by DFW HOYA on Feb 1, 2007 14:19:46 GMT -5
The ninth amendment to the US constitution recognizes human rights as a valid source of law: I'm not an attorney and even I realize the 9th amendment is by far the weakest claim to any abortion decisions. The 14th amendment was cited in Roe v Wade. International law is part of our law... This is where I expect The Attorney General to post: "Not for long!"
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Cambridge
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Post by Cambridge on Feb 1, 2007 14:20:51 GMT -5
PS. There are only three univerally accepted tenets in Customary International Law: Piracy, Slave Trade and Protection of Ambassadors...everything else is weak sauce in the legal world. I had your back up and until you made that argument.
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Post by StPetersburgHoya (Inactive) on Feb 1, 2007 14:25:01 GMT -5
PS. There are only three univerally accepted tenets in Customary International Law: Piracy, Slave Trade and Protection of Ambassadors...everything else is weak sauce in the legal world. I had your back up and until you made that argument. Dude, its so not weak sauce - the central case of HR law and lost international public law is Paquette Habbanna is about the capture of fishing vessels during a time of war. What you are citing are universal crimes under international law or jus cogens - see the Restatement of the Foreign Relations Law of the United States, sec. 702 for the complete list which now includes - genocide, slavery, systematic murder or systematic disappearances, torture, prolonged and arbitrary detention, and systematic racial discrimination.
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Post by StPetersburgHoya (Inactive) on Feb 1, 2007 14:26:24 GMT -5
International law is part of our law... This is where I expect The Attorney General to post: "Not for long!" Lol. He already did in Hamdi and got a 6-3 decision against him on the question where the court cited Paquette Habanna - so it remains good law.
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Post by AustinHoya03 on Feb 1, 2007 14:34:40 GMT -5
PS. There are only three univerally accepted tenets in Customary International Law: Piracy, Slave Trade and Protection of Ambassadors...everything else is weak sauce in the legal world. I had your back up and until you made that argument. Dude, its so not weak sauce - the central case of HR law and lost international public law is Paquette Habbanna is about the capture of fishing vessels during a time of war. What you are citing are universal crimes under international law or jus cogens - see the Restatement of the Foreign Relations Law of the United States, sec. 702 for the complete list which now includes - genocide, slavery, systematic murder or systematic disappearances, torture, prolonged and arbitrary detention, and systematic racial discrimination. Restatements are pretty much weak sauce in the legal world as well. You got anything besides Paquette Habana? I'm beginning to think that's the only class you attended last semester.
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Post by StPetersburgHoya (Inactive) on Feb 1, 2007 14:39:18 GMT -5
You might know then that expressions of opinion are not libelous. Unless such opinions imply a defamatory assertion of fact. Such as implying that someone is a bad law student. For old times sake I'll actually cite to the law: Terry v. Davis Community Church, 131 Cal. App. 4th 1534, 1552 (2005).
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Boz
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Post by Boz on Feb 1, 2007 14:40:37 GMT -5
Query:
If intelligence officers forced detainees at Gitmo to read this discussion, (a) would they be encouraged? or (b) would the International Red Cross cry torture?
;D
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TBird41
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Post by TBird41 on Feb 1, 2007 14:51:24 GMT -5
If you are putting stock in the pabulum that was Blackmun's opinion in Roe, I'll hazard that you're not a very bright law student. That opinion is devoid of legal foundation and was pulled whole cloth from under his robe. Of all of Nixon'a sins, appointing that joker is the worst. Maybe I'm not a very good law student, but I know libel when I see it. ON EDIT: By not very good, I mean I'm only top 10 percent at a Top 25 law school, on a law review, and have a summer clerkship with a federal judge as a 1L. Is this your source for that ranking? www.usnews.com/usnews/edu/grad/rankings/law/brief/lawrank_brief.php
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Post by StPetersburgHoya (Inactive) on Feb 1, 2007 15:03:11 GMT -5
Dude, its so not weak sauce - the central case of HR law and lost international public law is Paquette Habbanna is about the capture of fishing vessels during a time of war. What you are citing are universal crimes under international law or jus cogens - see the Restatement of the Foreign Relations Law of the United States, sec. 702 for the complete list which now includes - genocide, slavery, systematic murder or systematic disappearances, torture, prolonged and arbitrary detention, and systematic racial discrimination. Restatements are pretty much weak sauce in the legal world as well. You got anything besides Paquette Habana? I'm beginning to think that's the only class you attended last semester. Other cases using the holding of Paquette Habanna to derive norms of customary international law outside of the list you came up with: Flores v. Southern Peru Copper Corp., 414 F.3d 233 (2nd Cir. 2003) (right to health is part of Customary International Law) The Scotia, 81 US 170 (1871) (having lights on ships on the high seas is part of customary international law). Garcia-Mir v. Meese, 788 F.2d 1446 (11th Cir. 1986) (right to immigration status as a refugee is part of Customary International Law). Committee of US Citizens Living in Nicaragua v. Reagan, 859 F.2d 929 (DC Cir. 1988) (funding armed rebel groups in a foreign state violates Customary International Law). Kiobel v. Royal Dutch Petroleum Co., 456 F.Supp.2d 457, 460 (S.D.N.Y. 2006) (refusing to dismiss claims based on violations of customary international law with regard to violation of property rights, crimes against humanity, and rights of association). In re Agent Orange Product Liability Litigation, 373 F.Supp.2d 7 (E.D.N.Y. Mar 10, 2005) (refusing to dismiss claims for violation of international law based on intentionally exposing persons to dangerous chemicals). There are a ton more and I can PM you them if you like but most of them are brought under the Alien Tort Claims Act or Alien Tort Statute.
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Post by StPetersburgHoya (Inactive) on Feb 1, 2007 15:04:42 GMT -5
No it isn't. Its the rank of the international law program here.
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Cambridge
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Post by Cambridge on Feb 1, 2007 17:04:43 GMT -5
Nobody is dismissing the importance of PH, I'm merely scoffing at the new party dress you're trying to squeeze it into.
As for some of your sources...I chuckle at Garcia in particular. In that case, the court did recognize international law, then went on to determine that the Attorney General's discretion was a "controlling executive act" that trumped international law.
My point, PH is important, but it is incredibly limited. The court has consistently restricted its use.
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Post by AustinHoya03 on Feb 1, 2007 18:49:38 GMT -5
St. Pete,
You can send me a PM and argue your case further, but I don't see much of a connection between the cases involving international actors you have listed and domestic statutes prohibiting abortion. I'm not that into international law, so I may be missing something, but I think you're dealing with a square peg and a round hole here.
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FormerHoya
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Post by FormerHoya on Feb 1, 2007 23:40:43 GMT -5
ON EDIT: By not very good, I mean I'm only top 10 percent at a Top 25 law school, on a law review, and have a summer clerkship with a federal judge as a 1L. Hee hee. I was not a very good law student, but I know a gunner when I see one. Strangely, now I know a gunner when I read one too...
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Post by StPetersburgHoya (Inactive) on Feb 2, 2007 0:31:00 GMT -5
yeah dude you just lost all credibility when you called american univ. a top 25 law school...now stop embarassing yourself, and all other lawyers with your pathetic citations to restatements and international law cases discussing comity...everyone knows that Edited is nonsense. I go to AU - I am putting myself through law school and taking out loans to do it and getting no support from my parents - they gave me money and other schools didn't. They have the #2 International Law program in the country. If you want to call me names and hide behind your SN you can do that, I don't really care, it only reflects upon you that you're taking time out of your evening to take pot shots at someone that's trying to engage in a discussion about an important issue.
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Cambridge
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Post by Cambridge on Feb 2, 2007 14:03:52 GMT -5
Rule #1: You can't flaunt your qualifications and boast of your accomplishments and then get squirrely when others take pot shots at you while you prance around on your high horse.
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Post by StPetersburgHoya (Inactive) on Feb 2, 2007 14:13:51 GMT -5
I don't think I was being squirrely. I am proud of my accomplishments. If other people on this board want to call me gay and a Edited in PMs or make fun of me because they have a past history with me that's fine. The way this board seeks to destroy its own is one of the worst things about this board. I've been insulted since I started discussing things with Elvado - he said that I was a bad law student - I offered my experience which apparently was a cue for some people on this board to take their turns attempting to make fun of me because of a past history with me or because of this board's proclivity to destroy its own. I don't have to take people who are here proffering semi-informed opinions about basketball trying to make fun of me. If you want to take pot shots go ahead, I'm not going to hang around here and defend something that I am proud of.
Respectfully leaving the board,
SPH
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Deleted
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Post by Deleted on Feb 2, 2007 14:36:22 GMT -5
Admin - PLEASE lock this up. This thread has turned into the biggest sissy-slap fight HoyaTalk has ever seen.
You should all be ashamed of yourselves.
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Cambridge
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Post by Cambridge on Feb 2, 2007 15:45:57 GMT -5
Buff you're just jealous cause I'm much more endowed than you.
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