HDTenEightyP/NetNews huggingface dataset:
From: wdstarr@athena.mit.edu (William December Starr)
Newsgroups: misc.legal
Subject: Re: The Enforcer?
Date: 6 Nov 92 13:11:39 GMT
Distribution: usa
Organization: Northeastern Law, Class of '93


In article <lfdg5gINNhqn@exodus.Eng.Sun.COM>, 
linden@positive.Eng.Sun.COM (Peter van der Linden) said:

> What's all this guff about the Executive branch "enforcing" the
> laws?  Surely these days, the President and his cabinet are
> effectively part of the legislative process.  The cops enforce laws.
> Is this another one of those "polite legal fiction" things?

It's no legal fiction.  The "cops" at the federal level -- FBI agents,
federal marshalls, Secret Service agents, Customs officials, treasury
agents, IRS investigators, you name it -- are all controlled by one
piece or another of the Executive Branch, mostly the Department of
Justice or the Treasury Department.  There may be some exceptions
(federal court baliffs?), but I suspect that they're all pretty
trivial.

(And no matter how the politics may work out, technically the
President's sole power in the legislative process is his ability to
veto proposed legislation after it's been passed by the Legislative
branch.  All he can say is "yes" or "no"; he can't write any laws.  He
can make suggestions and requests of the legislature of course, but
then again so can anyone else -- the legislature doesn't _have_ to
listen to him.)

-- William December Starr <wdstarr@athena.mit.edu>
From: tzs@carson.u.washington.edu (Tim Smith)
Subject: Re: have phone number, need address
Organization: University of Washington School of Law, Class of '95
Distribution: na
Date: Thu, 5 Nov 1992 19:11:11 GMT

You could call the phone company, and have their address changed to
your address.  Then you can stop paying their bills.  Eventually,
they will sue you, and from the papers they file, you should be able
to get their address.  :-)

--Tim Smith
Xref: sparky misc.legal:19746 alt.conspiracy:12097
From: fsars@acad3.alaska.edu (Allen R Sparks)
Newsgroups: misc.legal,alt.conspiracy
Subject: Re: USA President's power to pardon
Date: 10 Nov 92 16:48:13 GMT
Article-I.D.: acad3.1992Nov10.084813.1
Organization: University of Alaska Fairbanks

In article <BxHnnt.7CD@aplcenmp.apl.jhu.edu>, akbloom@aplcenmp.apl.jhu.edu (Keith Bloom) writes:
>          Governors have the same power over criminal prosecutions in
> their respective States.  

Not every state constitution gives the Governor the power to pardon.
I remember in Utah, during the hoopla about Gary Gilmore, it was some
pardon board that decided not to commute his death sentence, not the
Governor.

Speaking of abuses, Jerry Apadoca, Governor of New Mexico, used his
power to commute all the death sentences of death row inmates in New
Mexico about one month before he left office.  His succesor had
already been elected on a pro death penalty platform.
    === Al Sparks
From: starr-daniel@yale.edu (Daniel Starr)
Newsgroups: misc.legal
Subject: Author's rights over use of his letters?
Date: 11 Nov 1992 19:48:09 -0500
Organization: Yale University Science & Engineering UNIX(tm), New Haven, CT 06520-2158
Distribution: na
NNTP-Posting-Host: minerva.cis.yale.edu
Summary: I send a letter to someone... to what extent can I control its use?
Keywords: copyright letter protection Have a nice day!

If I write a letter to someone, what rights do I retain over its use?
Do I have the rights, for example, to 
a) prevent him from distributing it for profit?
b) prevent him from distributing it at all?
c) prevent him from forwarding it to someone else?
d) prevent him from quoting me?
e) demand compensation for profit he makes clearly dependent upon information
I gave him?
(Some, none, all of the above?  And does it make a difference if I send
it by US mail, hand-deliver it to him, or send it by private carrier?)

I ask because there's an obvious intuition in one direction that "you sent
it to him, it's his"; but also in the other direction, "you wrote it as 
private correspondence, you didn't grant him rights to use your work, just
to read it."  

If anybody actually *knows* what the legal answer is, please
email me or post it.  Many thanks!

-- 
--------------------------------------------------------------------
|Daniel Starr                | "Wait! Wait! Maybe THIS will work!" |
|dstarr@minerva.cis.yale.edu |                                     |
--------------------------------------------------------------------
Xref: sparky misc.legal:19890 alt.politics.elections:23722 alt.politics.clinton:17094
From: rshwake@irscscm.UUCP (Ray Shwake)
Newsgroups: misc.legal,alt.politics.elections,alt.politics.clinton
Subject: Re: Censoring information , Is it possible tomorrow?
Date: 10 Nov 92 02:09:25 GMT
Reply-To: rshwake@irscscm.UUCP (Ray Shwake)
Distribution: na
Organization: R|S|X Technical Services, Washington, DC

In article <Bx769K.2tG@intcorp.mn.org> jdf@intcorp.mn.org (Joel D. Flatt) writes:
>What about Hawaii and Alaska?  How about not counting ANY ballots until 
>the day after the election?  

	Here's another alternative: Two-day voting (Saturday thru Sunday).
	This avoids the pre-work after-work crush at the polling place
	resulting from workday voting; it provides plenty of opportunity for
	west coasters (including those in Alaska and Hawaii) to get their
	votes in before east coast counting begins; it even avoids the
	Sabbath problem that might be present if only one weekend voting
	day were provided. 

	Costs might be somewhat higher, but most of those manning the booths
	are volunteers anyway.
From: terry@gtm-inc.com (Terry Gerritsen)
Newsgroups: misc.legal
Subject: T-Shirts
Date: Tue, 10 Nov 92 17:14:29 EST
Reply-To: terry@gtm-inc.com (Terry Gerritsen)
Distribution: na
Organization: G.T.M. Incorporated, Kingston, ON (613) 546-3078
Content-Type: Text

And What About T-Shirts?
       In June, an Arizona state court denied a student's request for
an injuction against a school policy forbidding the wearing of T-shirts
believed to be related to gang identification. The 12-year old plaintiff
was sent home for wearing a T-shirt decorated with a drawing of Michael
Jordon of the Chicago Bulls basketball team. School policy prohibited
the wearing of certain sports team logos that had been adopted by certain 
youth gangs as their emblems.
      The student, an honor roll student and athlete not known to be 
involved in gang activity, claimed the school rule violated his First
Amendment rights, but the state trial court ruled in favour of the school
district on the grounds that "the safety of students and the curtailment
of gang activity" provide a "rational basis" for the rule.
     At last report, the boy's lawyer threatened an appeal if a satisfactory
resolution to his complaint could not be negotiated. (Burton v. Phoenix
Union High School District; Maricopa County Superior Court)
Is not going a little to the extreme?
Comments welcome.

---------------------------------------------------------------------------
Terry Gerritsen         |  G.T.M. Incorporated              (613) 384 0162
terry@gtm-inc.com       |  Kingston, Ontario           Fax: (613) 389 4594
                      "Transportation is our business"
----------------------------------------------------------------------------
From: ask@cbnews.cb.att.com (Arthur S. Kamlet)
Newsgroups: misc.legal
Subject: Re: A Canadian Asks a Question
Date: 5 Nov 92 06:01:37 GMT
Article-I.D.: cbnews.1992Nov5.060137.5386
Distribution: na
Organization: AT&T Bell Laboratories,  Columbus, Ohio

In article <1992Nov3.220717.2466@nsisrv.gsfc.nasa.gov> dsc@gemini.tmc.edu (Doug S. Caprette Bldg. 28 W191 x3892) writes:
>In article <1992Nov3.201932.8507@magnus.acs.ohio-state.edu> cthorne@magnus.acs.ohio-state.edu (Charles E Thorne) writes:
...
>>College.  It's fairly common in smaller jurisdictions for the same person to
>>be nominated by Republican and Democrat and thus have no opposition.
>                 ^^^^^^^^^^^^^^^^^^^^^^^
>I've heard of people running unnoposed, but have never heard of anyone being
>nominated by both the Republicans and the Democrats.   Even during the American

Well, it does say "smaller jurisdictions."  Is Columbus small
enough?  A city councilman, M. D. Portman, was last elected running
on both the republican and democratic tickets.  He was not merely
unopposed, he was actively supported by both parties.       He won!
-- 
Art Kamlet  a_s_kamlet@att.com  AT&T Bell Laboratories, Columbus
From: bryan@kuhub.cc.ukans.edu
Newsgroups: misc.legal
Subject: Re: T-Shirts
Date: 11 Nov 92 19:36:37 GMT
Article-I.D.: kuhub.1992Nov11.133638.44628
Distribution: na
Organization: University of Kansas Academic Computing Services

In article <umN2TB3w165w@gtm-inc.com>, terry@gtm-inc.com (Terry Gerritsen) writes:
> And What About T-Shirts?
>        In June, an Arizona state court denied a student's request for
> an injuction against a school policy forbidding the wearing of T-shirts
> believed to be related to gang identification. The 12-year old plaintiff
> was sent home for wearing a T-shirt decorated with a drawing of Michael
> Jordon of the Chicago Bulls basketball team. School policy prohibited
> the wearing of certain sports team logos that had been adopted by certain 
> youth gangs as their emblems.
>       The student, an honor roll student and athlete not known to be 
> involved in gang activity, claimed the school rule violated his First
> Amendment rights, but the state trial court ruled in favour of the school
> district on the grounds that "the safety of students and the curtailment
> of gang activity" provide a "rational basis" for the rule.
>      At last report, the boy's lawyer threatened an appeal if a satisfactory
> resolution to his complaint could not be negotiated. (Burton v. Phoenix
> Union High School District; Maricopa County Superior Court)
> Is not going a little to the extreme?
> Comments welcome.

No, not too extreme. At least not if the boy based his contention on
the First Amendment. See, that forces the court to weigh the school's
common law or statutory (I don't know which applies in this case)
obligations under in loco parentis against a constitutional right. And
the Constitution should win in such a case unless the school can prove
that:

1. A vital interest is at stake, and that the government has a
constitutional mandate to protect that interest. (The school can
probably prove that they have such an interest in preventing gang
violence on school property).

2. The restraint effectively deals with the problem. (This is
unlikely...how can you possibly prove that preventing students from
wearing team logos reduces gang violence, unless of course it really
did, which I guess is always possible).

3. The restraint goes no further than necessary. (This one is anyone's
guess...how much is necessary in a case like this?)

4. No other solution is possible. (And here's the big sticking
point...there just simply has to be a better way to stop the violence
than taking away some poor kid's t-shirt.)

5. That due process is strictly observed. (No problem with this one
here).

I'd say they have a case. Now, what the Rehnquist Court will do if it
gets that far is anybody's guess.

-Bryan
From: cramer@optilink.UUCP (Clayton Cramer)
Newsgroups: misc.legal
Subject: Re: why so much to imprison someone?
Keywords: XIIIth Amendment
Date: 9 Nov 92 21:12:04 GMT
Organization: Optilink Corporation, Petaluma, CA

In article <19340@smoke.brl.mil>, matt@smoke.brl.mil (Matthew Rosenblatt) writes:
> In article <1992Nov5.231542.15549@pica.army.mil> drears@pica.army.mil 
> (Dennis G Rears <drears>) writes:
# #  It could be a good idea.  How would you deal with the following
# #implimentation procedures in these enlightened times:
# 
# #  1)  Without the threat of physical force or deprivation of food/water
# #  how can one coerce one to do work?   [Dennis G Rears]
# 
# The rule on the *outside*, for *free* people, used to be, "He who does
# not work, does not eat."  That goes back all the way to John Smith
# in early Virginia.  If I decide not to work, no one will pay me, 
# and then how can I buy food?  That's the main reason I come to work
# every day, even if I don't feel like it.  That's fair enough for 
# us on the outside, who haven't committed any crimes, so it's
# surely fair enough for convicts.

While I agree with your general sentiment, there IS a difference:
on the outside, you get to pick your employer.  Convicts/slaves
don't.  I don't see a need for the government to be unnecessarily
nice to convicts/slaves, but there are some minimum standards of
decency that the government should abide by.

# 					-- Matt Rosenblatt
-- 
Clayton E. Cramer {uunet,pyramid}!optilink!cramer  My opinions, all mine!
Racism is "class struggle" applied to ethnicity.
Newsgroups: misc.legal,talk.abortion,alt.abortion.inequity,soc.men
From: edwardk@cup.portal.com (edward chungfan kwok)
Newsgroups: misc.legal
Subject: Re: Hearsay (was: Harvard )
Date: Thu, 12 Nov 92 14:47:37 PST
Organization: The Portal System (TM)

I wrote:
> I bet it falls under some exception to the hearsay rule, I heard him say it
> myself.

Terry wrote:
>The fact that the witness personally heard the statement to which he's 
>testifying isn't in it self a hearsay exception.  Rather, it's the classic 
>example of hearsay.

Hate to state the obvious, it's also how the word "hearsay" came about.
From: tjc50@juts.ccc.amdahl.com (Terry Carroll)
Newsgroups: misc.legal
Subject: Re: why so much to imprison someone?
Keywords: XIIIth Amendment
Date: 10 Nov 92 22:11:07 GMT
Reply-To: tjc50@juts.ccc.amdahl.com (Terry Carroll)
Organization: Amdahl Corporation

In article <13124@optilink.UUCP>, cramer@optilink.UUCP (Clayton Cramer) 
writes:
> While I agree with your general sentiment, there IS a difference:
> on the outside, you get to pick your employer.  Convicts/slaves
> don't.  I don't see a need for the government to be unnecessarily
> nice to convicts/slaves, but there are some minimum standards of
> decency that the government should abide by.

True, and I think the 8th Amendment would be applicable here.

Terry Carroll - tjc50@juts.ccc.amdahl.com - 408/992-2152
The opinions presented above are not necessarily those of a sound mind.
Newsgroups: misc.legal
From: tzs@carson.u.washington.edu (Tim Smith)
Subject: Re: The Socratic Method
Organization: University of Washington School of Law, Class of '95
Date: Fri, 13 Nov 1992 08:05:26 GMT

There was a professor who had two distinguishing characteristics.
(1) He mumbled a bit, so that he was sometimes hard to hear in the
back, and (2) if you came in late, he stopped mid-sentence (nay, mid
word...) and stared at you until you took your seat, and then resumed
where he had left off.

Our hero, Mr. Jones, arrived late one day.  Embarrased as the professor
stopped to wait for him to sit down, Jones quickly took a seat in the
back.  The professor, instead of resuming said, "Mr. Jones! <mumble>
<mumble> <mumble>."

Jones responds: "I'm sorry sir, I'm not prepared."

The professor stares at Jones for several minutes, and then says
"Mr. Jones, how much preparation will you need in order to close
the door?"

--Tim Smith
From: "hilary miller" <hilary.miller@execnet.com>
Newsgroups: misc.legal
Subject: bank errors - who's r
Date: 9 Nov 92 08:21:58 EST
Reply-To: "hilary miller" <hilary.miller@execnet.com>
Distribution: misc
Organization: Executive Networks Information


Christopher R. Bailey, in a message to All on 11-07-92 at 2:36pm, said:

CR>|What happens if someone deposits money using the wrong account number a
   |goes into someone elses account?
   |_______________________________________________________________________

          The person whose account was improperly credited may have his
          account charged, or if the money has been withdrawn, he is
          legally obliged to repay it.  This is a very well settled
          area of law.


   L A
 I    R        Hilary B. Miller of Greenwich, Connecticut
  H/\Y         CIS: 76040,1743
    
---
  DeLuxe/386 1.25 #11645  Honk if your horn is broken.
--
Executive Network Information System  (914) 667-4567
International ILink Host
Newsgroups: misc.legal
From: thomasr@cpqhou.compaq.com (Thomas Rush)
Subject: Re: Title Insurance
Reply-To: thomasr@cpqhou.UUCP (Thomas Rush)
Organization: Compaq Computer Corporation
Date: Fri, 13 Nov 92 20:20:55 GMT
Keywords: Fabulous Furry Freak Brothers

In article <19349@smoke.brl.mil> matt@smoke.brl.mil (Matthew Rosenblatt) writes:
>What risks does title insurance cover?

Non-hypothetical:

Mr. and Mrs. Smith sell property A to Mr. and Mrs. Jones, taking 
back a mortgage for the balance (after downpayment) due to the
Smiths on the property, and wrapping around the Smiths original 
note.  Some time later, it comes to the Authorities' attention
that the Jones' are engaged in drug activity.  Property A is siezed
under forfeiture laws, leaving the Smiths with an uncollectable 
mortgage, and no income, and still owing on their note to the 
original owner.

Feh on the unjust takers of the right to life, liberty, and the
pursuit of happiness.

Sorry for the unclear description above; this was reported in
one of the Houston papers a few months ago.



thomas rush			compaq computer corporation	
thomasr@cpqhou.compaq.com	their employee, not their opinions.
I believe all human interactions should be based on mutual consent.
Newsgroups: misc.legal
From: ask@cbnews.cb.att.com (Arthur S. Kamlet)
Subject: Re: What happens to?
Organization: AT&T Bell Laboratories,  Columbus, Ohio
Distribution: usa
Date: Fri, 6 Nov 1992 19:41:26 GMT

In article <1992Nov6.132525.25805@athena.mit.edu> wdstarr@athena.mit.edu (William December Starr) writes:
>pretty limited, since the United States government and military are
>pretty tight-lipped about the details of nuclear launch procedure.
>Folks in sci.military might be able to supply more data (or you could
>just write a letter to Tom Clancy :-).

Tom Clancy spoke to a group of AT&T folks, and one of the things he
said is he does not have and so does not use classified information.
Just accurate unclassified information.
-- 
Art Kamlet  a_s_kamlet@att.com  AT&T Bell Laboratories, Columbus
From: baldwin@csservera.scs.usna.navy.mil (J.D. Baldwin)
Newsgroups: misc.legal
Subject: Re: clinton and drug trafficing
Date: 5 Nov 92 23:04:44 GMT
Organization: Comp. Sci. Dep't., U.S. Naval Academy, Annapolis, MD
In-reply-to: bryan@kuhub.cc.ukans.edu's message of 04 Nov 92 15:43:25 -0400

bryan@kuhub.cc.ukans.edu writes:
>Likewise I don't imagine he'll sue Gennifer Flowers or Bob Guccione,
>who he could probably get for actual malice since he admitted in
>public that he published Flowers's allegations even though he believed
>they were lies. Just too much trouble. Maybe good legal action, but a
>bad PR move.

Maybe I'm just stupid on this subject (wouldn't be the first), but how
could Guccione conceivably be sued for libel in this case.  He published
an account which he thought was not credible.  It was properly labeled
as such:  "Gennifer Flowers said that . . ."  This is undeniably the truth
(that G. Flowers said these things), and truth is an absolute defense
to libel.  'Splain, please.
--
 From the catapult of:              |+| "If anyone disagrees with anything I
   _,_  J. D. Baldwin, Comp Sci Dept|+| say, I am quite prepared not only to
 _|70|___:::)=}-  U.S. Naval Academy|+| retract it, but also to deny under
 \      /   baldwin@usna.navy.mil   |+| oath that I ever said it." --T. Lehrer
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Newsgroups: misc.legal
From: david@mks.com (David Rowley)
Subject: Certification Mark?
Organization: Mortice Kern Systems Inc., Waterloo, Ontario, CANADA
Date: Wed, 11 Nov 1992 20:58:42 GMT

I've heard of Trademarks and Service Marks, but what is a
'Certification Mark' ?

What rights does it give the holder?

What are the typical rules of usage for a Certification Mark?

What types of arrangements are generally made for the use of a
Certification Mark?

What Certifications Marks are well-known?  (For example, is 'Ada'
a Certification Mark?)

Does the Patent/Trademark Office issue it (presumably) ?

What happens to current users of the word/phrase being Certification
Marked when the mark is given to someone?

Does this concept only exist in the States, or is it worldwide?

Any information would be most appreciated,

Thanks
David Rowley
david@mks.com

-- 
     ll  // // ,~/~~\'   David Rowley
    /ll/// //l' `\\\     Mortice Kern Systems Inc.
   / l //_// ll\___/     35 King Street North, Waterloo, ON, Canada N2J 2W9
O_/                      519/884-2251, FAX 519/884-8861, david@mks.com
Newsgroups: misc.legal,alt.politics.elections,talk.politics.misc
From: dpollard@magnus.acs.ohio-state.edu (Dennis B Pollard)
Subject: Re: Clinton Nominees for the Supreme Court
Organization: The Ohio State University
Date: Fri, 13 Nov 1992 00:04:08 GMT

In article <1783@aviary.Stars.Reston.Unisys.COM> munck@stars.reston.unisys.com
writes:
>
>
>Ah, but suppose Clinton does get to appoint a Chief Justice.  All he would hav
e
>to do is choose Anita Hill, and he would almost certainly get to appoint a
>replacement for Thomas immediately thereafter.
>

I must disagree.  I don't think that Ms. Hill's appearance would cause Mr. 
Thomas to leave the Court.  He would then have every reason to stay.
Newsgroups: misc.legal
From: "nigel allen" <nigel.allen@canrem.com>
Subject: minnesota cross burni
Reply-To: "nigel allen" <nigel.allen@canrem.com>
Organization: Canada Remote Systems
Distribution: misc
Date: 5 Nov 92 18:24:33 EST

Here is a press release from the U.S. Department of Justice.

 Man Pleads Guilty in Minnesota Cross Burning Case
 To: National Desk
 Contact: Amy Casner of the U.S. Department of Justice,
          202-514-2007

   WASHINGTON, Nov. 4  -- The U.S. Department of Justice
announced today that Arthur Morris Miller III pleaded guilty to
conspiring to intimidate and threaten a St. Paul African-American
family by burning a cross on their lawn.
   John R. Dunne, Assistant Attorney General in charge of the Civil
Rights Division, and U.S. Attorney Thomas B. Heffelfinger of
Minneapolis said the indictment, returned Oct. 21, by a federal
grand jury in Minneapolis, charged Miller with one violation of
USC 18, Sec. 371.
   The charge is based upon Miller's role in the conspiracy
with un-named co-conspirators to interfere with the housing rights
of Russell and Laura Jones and their five children because of
their race.
   Miller pleaded guilty to participating in several cross burnings
on June 21, 1990, including one on the Jones' lawn.
   Miller faces a maximum penalty of one year in prison and
a $100,000 criminal fine.
   This case was investigated by the Federal Bureau of Investigation
and the St. Paul Police Department.
 -30-
--
Canada Remote Systems  - Toronto, Ontario
World's Largest PCBOARD System - 416-629-7000/629-7044
Newsgroups: misc.legal
From: baileyc@ucsu.Colorado.EDU (Christopher R. Bailey)
Subject: Bank errors - who's responsible?
Organization: University of Colorado, Boulder
Distribution: usa
Date: Fri, 6 Nov 1992 01:31:58 GMT


What happens if someone deposits money using the wrong account number and it
goes into someone elses account?  Can the bank just take the money out of
the account that it wrongly deposited into?  It seems that if someone calls
up and gets their balance, or has it say on a ATM machine receipt, or bank
teller receipt, and that balance includes the wrongly deposited money, that if
they go write a check on it, they shouldn't be responsible.  

So, is a bank account holder legally responsible for mistakes the bank makes
in their favor?  I assume when the person/people who's account it should have
gone into find out, they will want the bank to fix it.  But if those people
wrote the wrong number on their deposit slip, what happens?

Newsgroups: misc.legal,soc.women,alt.feminism,soc.men,alt.dads-rights