HDTenEightyP/NetNews huggingface dataset:
From: "hilary miller" <hilary.miller@execnet.com>
Newsgroups: misc.legal
Subject: translation?
Date: 7 Nov 92 16:56:41 EST
Reply-To: "hilary miller" <hilary.miller@execnet.com>
Distribution: misc
Organization: Executive Networks Information


Richard Stueven, in a message to All on 11-06-92 at 2:35am, said:

RS>| The makers, endorsers, and guarantors of this note hereby
   | severally waive presentment for payment, notice of nonpayment,
   | protest and notice of protest.  I sign this note intending
   | hereby to charge my separate estate with its payment.
   |_______________________________________________________________

          The first sentence means that that the holder of the note can
          sue to collect on it if it is not paid when due, regardless
          of whether any other collection procedures have been fol-
          lowed.  The second sentence isn't too meaningful in the
          modern world, but suggests that the note is with full re-
          course to all of the maker's assets.


   L A
 I    R        Hilary B. Miller of Greenwich, Connecticut
  H/\Y         CIS: 76040,1743
    
---
  DeLuxe/386 1.25 #11645  Heisenberg may have been here.
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Executive Network Information System  (914) 667-4567
International ILink Host
Xref: sparky misc.legal:19897 alt.politics.elections:23744 talk.politics.misc:60050
From: pajerek@telstar.kodak.com (Don Pajerek)
Newsgroups: misc.legal,alt.politics.elections,talk.politics.misc
Subject: Re: Clinton Nominees for the Supreme Court
Date: 13 Nov 92 20:35:26 GMT
Reply-To: pajerek@kadsma.kodak.com (Don Pajerek)
Distribution: usa
Organization: Digital Equipment Corp. - Telstar

In article <1992Nov13.080701.15087@u.washington.edu> tzs@carson.u.washington.edu (Tim Smith) writes:
>Uh, excuse me, but isn't Anita Hill a right-wing Republican?  Why on
>earth would Bill Clinton appoint her to anything?
>
>--Tim Smith


Good point. This whole 'Anita Hill to the EEOC/Supreme Court etc.' thing
is just another one of those fantastic nightmare scenarios that the
Republicans are beating themselves over the head with since the election.


Don Pajerek

Standard disclaimers apply.
Xref: sparky misc.legal:19682 misc.taxes:3515
From: kehres@ima.com (Tim Kehres)
Newsgroups: misc.legal,misc.taxes
Subject: Re: Setting a Corporation
Date: 8 Nov 92 22:50:36 GMT
Followup-To: misc.legal
Organization: International Messaging Associates, Menlo Park, California

In article <1992Nov5.232545.15662@pica.army.mil> drears@pica.army.mil (Dennis G Rears <drears>) writes:
: 
>   They have suggested that I form my own corporation.  They said there
> are many tax advantages.  A major one is that I don't pay myself a
> salary but just take out profits from the company.  Also, a lot of my
> current expenses could be charged to the corporation (i.e. additional
> telephone lines, office space, computers, etc).

I'm not sure about pulling from profits instead of taking salary, but
the rest are certainly valid points.  There are several forms a company
can take on, full incorporation only being one of them.  Some of these
things you can do with other types of companies as well.

Regarding charging expenses to the corporation - the IRS has some very
specific rules as to how this is to be done and how much of it can be
written off and when.  In the case of computers, furniture, and stuff
like that - the first 10K can be written off entirely, but the rest has
to be depreciated.  Software can only be depreciated.

>    Does anybody have any idea on where I can get more information on doing
> this?  Ideally, some books that discussed what is involved and the
> ramifications of doing it.  I guess that I would need a attorney to
> actually set this up.

Although technically you do not need an attorney to set things up, if you
have the funds, it is usually a lot easier to do it this way.  IMHO, it
is probably much more important at the beginning to consult with a good
accountant to discuss your situation, as only the accountant will be 
able to offer valid advice regarding things like the tax consequences of
the company.  If you are going to be doing mucy anyway, it is very 
important to have the books set up properly, and accountants are certainly
quite good at this.

A few other things to consider regarding incorporation: it is almost 
always more expensive to set up a corporation than say a partnership.
Costs vary widly from state to state, and country to country.  In
addition, some locales place additional restrictions in corporations.
One example is that in California, you *have* to have at least three
members on the board, and hold regular meetings.

Anyway, hope this is of some help....

Best Regards,

Tim Kehres
Xref: sparky misc.legal:19797 talk.politics.misc:59540 soc.culture.usa:8437
From: ndallen@r-node.gts.org (Nigel Allen)
Newsgroups: misc.legal,talk.politics.misc,soc.culture.usa
Subject: Four Office of Justice Programs' Bureaus Publish FY93 Program Plans for Public Comment
Date: 10 Nov 92 23:00:47 GMT
Organization: Echo Beach, Toronto

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

 Four Office of Justice Programs' Bureaus Publish FY93 Program Plans
for Public Comment
 To: National Desk
 Contact: The Office of Justice Programs, U.S. Department of Justice,
          202-307-0703

   WASHINGTON, Nov. 10  -- Acting Assistant Attorney General 
Steven D. Dillingham announced today that four of the bureaus
within the Justice Department's Office of Justice Programs (OJP)
recently published their Fiscal Year 1993 Program Plans in the
Federal Register for public comment.
   The plans describe the program areas each bureau is considering
for support and funding during the fiscal year.  The Bureau of
Justice Assistance (BJA) Fiscal Year 1993 Program Plan was published
on Monday, Nov. 9, 1992.
   BJA is supporting various innovative demonstration and training
and technical assistance programs to enhance state and local law
enforcement efforts.  Highlights of its plan include a new Regional
Drug Prosecution Unit Program, a Financial Investigations and Money
Laundering Prosecution Demonstration Program, a Corrections Options
Grant Program, a Comprehensive Gang Initiative, and a Statewide
Intelligence System Program.
   The Bureau of Justice Statistics (BJS) published its plan on
Wednesday, Nov. 4, 1992.  In FY 1993, BJS will continue its more than
two dozen statistical series, with special efforts being dedicated to
the collection and analysis of data on violent crime and criminal
victimization.  In particular, BJS will assess and analyze data from
national and local incident-based reporting systems and document its
benefits to law enforcement agencies.
   The Office of Juvenile Justice and Delinquency Prevention (OJJDP)
proposed plan, published for comment on Nov. 9, 1992, has a new
emphasis on a program strategy that is designed to reduce serious,
violent, and chronic juvenile crime through a range of prevention,
intervention, and treatment services, including a range of graduated
options.
   The Office for Victims of Crime (OVC) plan was published in the
Nov. 4, 1992, edition of the Federal Register.  It describes OVC's
planned training and technical assistance for criminal justice system
professionals and victim service providers, including new and
advanced techniques in the crime victims field, as well as continuing
efforts by OVC to establish and improve assistance programs for
Native American crime victims.
   The National Institute of Justice (NIJ), another OJP component, is
completing its plan and expects to publish it soon.
   Further information about the Program Plans is available from
OJP's Office of Congressional and Public Affairs at 202-307-0703.
 -30-
Newsgroups: misc.legal,alt.politics.elections,talk.politics.misc,tx.politics
From: akbloom@aplcenmp.apl.jhu.edu (Keith Bloom)
Subject: Re: NYT (6-17) -- Clinton on Cuomo & Supreme Court (re: The Decline ...)
Organization: The Johns Hopkins University
	<1992Nov5.220118.11506@midway.uchicago.edu> 
	<1992Nov6.060458.14194@RedBrick.COM>
Date: Fri, 6 Nov 1992 12:36:32 GMT

jfr@RedBrick.COM writes:

>  I'm not sure that Senate rules permit a filibuster (one "l" plez ;-)
>  on judicial confirmation.  In all previous confirmations I have 
>  watched, there was a preset time limit on supporting speeches from
>  both sides.  I am not sure on this however.  I certainly don't ever
>  remember a filibuster against a Supreme Court justice....  

Back in the late sixties, there was a successful filibuster against
President Johnson's appointment of Abe Fortas (then an Associate
Justice) to replace Earl Warren as Chief Justice.  The leader of the
filibuster was Strom Thurmond, I believe.  As a result, LBJ appointed
no more Supreme Court justices and Richard Nixon was able to appoint
Warren Burger as Chief Justice.  Later, Fortas was forced to resign due
to serious ethics violations dating from before he was appointed to the
Court, and Nixon was able to appoint another Justice, Harry Blackmun,
who is still on the Court.

So filibusters of Supreme Court appointments have happened.


Keith
Newsgroups: misc.legal
From: wjm@utrcv1 (Bill)
Subject: Declaration Of Independence - text wanted
News-Software: VAX/VMS VNEWS 1.41    
Organization: United Technologies Research Center
Date: Tue, 10 Nov 1992 12:44:00 GMT

Would someone please Email me a text file of the Declaration of 
Independence.

Thanks,   Bill Mazeika   WJM@UTRC.UTC.COM
From: "hilary miller" <hilary.miller@execnet.com>
Newsgroups: misc.legal
Subject: rights of survivorshi
Date: 7 Nov 92 16:56:40 EST
Reply-To: "hilary miller" <hilary.miller@execnet.com>
Distribution: misc
Organization: Executive Networks Information


Terence Lindgren X5360 5-, in a message to All on 11-06-92 at 2:35am, said:

TL>| I would like to know if A and B have a joint bank account with right o
   | survivorship, A dies , is B's spouse entitled to half of the acct in M
   |_______________________________________________________________________

          It depends.  In general, B alone is entitled to the *entire*
          balance.  However, in some jurisdictions if it can be shown
          that A created the account with the intention of having B as
          a co-signer for convenience (in effect, an attorney or agent,
          rather than co-owner), then B would not be entitled to any
          portion of the account.  B's spouse does not even enter the
          picture.


   L A
 I    R        Hilary B. Miller of Greenwich, Connecticut
  H/\Y         CIS: 76040,1743
    
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International ILink Host
From: tjc50@juts.ccc.amdahl.com (Terry Carroll)
Newsgroups: misc.legal
Subject: Congressional Procedure
Date: 9 Nov 92 17:03:49 GMT
Reply-To: tjc50@juts.ccc.amdahl.com (Terry Carroll)
Organization: Amdahl Corporation

I need some help finding a citable reference to something I know is law; I
was hoping someone here could help.

I understand that, if at the end of a Congress (like this year-end), a
bill has been introduced but not passed, that the next Congress cannot
vote on it unless it is reintroduced and the whole thing starts over.
However, I can't find any statute or rule that says this.  It's barely
above "common knowledge" (I found a congressional publication that
alluded to the fact, but which is insufficient for purposes of citation).

I've checked US Code Title 2 (Congress) and the rules of both the House and
Senate, and also the Constitution (though I doubt I would have missed
such a thing for so long in the Constitution).  No luck.

Specifically, I'm writing a paper about the Design Protection Act which was 
left pending by the recently adjourned 102nd Congress.  I need to write that, 
because it was not passed, it needs to be reintroduced in January (by the 
103rd).  But I can't find anything that says so.

Can anyone point me to a citable reference to this effect?

Thanks for any help.

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: bs@gauss.mitre.org (Robert D. Silverman)
Subject: Re: Supreme Ct. Insurance non-ruling
Organization: Research Computer Facility, MITRE Corporation, Bedford, MA
Distribution: usa
Date: Thu, 12 Nov 1992 14:09:17 GMT

In article <1992Nov10.214019.29062@magnus.acs.ohio-state.edu> ddaye@magnus.acs.ohio-state.edu (David C Daye) writes:
>Yesterday the Supreme Ct. refused to hear a case in which an employer had
>changed health insurance plans after an employee had begun submitting
>claims for treatment of AIDS.  The effect on the employee, as I under-
>stand it, was to reduce his coverage from $1,000,000 to $5,000 for his
>disease (lifetime max).
>
>My wife, a former insurance claims adjuster, contends that since the former
>insurance co. had been paid for coverage, and since a claim had been filed
>under that policy, the former co. should have been liable for treating
>the disease. 
>
>She's convinced that the courts have effectively allowed insurance co.s
>to renig on services they've promised and contracted to provide,
>any time they deem it costly to do so.  If so, this has implications
>far beyond the AIDS population.
>
 
Allow me to make a political comment. In what follows I am not advocating
violence in any form.

Did anyone see the L.A. Law episode in which a person who had contracted
AIDS in prison was turned away from care by the prison authorities?
He had sued the authorities, saying that they had a responsibility
to provide him medical care. When he lost his case he went on a rampage,
shooting several people (including a D.A. who had committed perjury) and
asking whether whether he had done enough NOW to get put back in jail?
He had tried to get put back in jail earlier by committing a minor parole
violation. The D.A. had refused to prosecute that minor crime because they
did not want to bear the cost of his health care.


With rulings such as the one made by the Supreme Court, I would not be
surprised to see AIDS victims start committing more acts of violence.
After all, they are already living under a non-commutable death sentence.
What's the big deal to them if they go out and shoot a few people, 
especially if those people have wronged them in some way?

I am NOT advocating that AIDS victims do this. I'm just saying that if
we start abrogating their rights (like taking away medical insurance)
then we should not be surprised if they start doing things similar to that
on L.A. Law.

--
Bob Silverman
These are my opinions and not MITRE's.
Mitre Corporation, Bedford, MA 01730
"You can lead a horse's ass to knowledge, but you can't make him think"
From: matt@smoke.brl.mil (Matthew Rosenblatt)
Newsgroups: misc.legal
Subject: Re: Is it illegal to fire someone after they file sexual harrassment complaint?
Date: 9 Nov 92 12:56:59 GMT
Distribution: na
Organization: U.S. Army Ballistic Research Lab, APG MD.

In article <1992Nov08.012310.16442@ux1.cts.eiu.edu> cfaks@ux1.cts.eiu.edu 
(Alice Sanders) writes:

>My sister was fired recently from a large national corporation, just 2.5
>months after she filed a sexual harrassment complaint with her boss about
>a coworker.  The next day after she made the complaint, her boss (a woman)
>began treating her like she was a trouble maker.  . . . Finally, with no
> other grounds, her boss fired her for 'missing so much work'.  
. . .
>And the company made no move to
>investigate it.  They just got rid of the complainant. 
. . .
>That's an overview of the situation.  I would appreciate any advice as to
>whether she may have been fired illegally.   [Alice Sanders]

I used to be an Equal Employment Opportunity Counselor.  They taught
us that retaliation against an employee who files an EEO Complaint --
that is, a complaint about discrimination in employment -- is illegal.

Now, the laws against sexual harassment define what it is, and then
state that sexual harassment is a form of sex discrimination.  So 
someone who complains to her boss that she is being sexually harassed 
by a co-worker is complaining about a form of sex discrimination 
going on in the company.  

>If she does have a case, what would be the relevant factors?  And what
>should she tell an attorney?  This isn't, it seems, exactly a sexual
>harrassment case.  Seems like some kind of unfair employment practice.  

It sounds like retaliation against a worker for making a complaint of
discrimination.  That kind of retaliation is illegal.  What the attorney 
needs to know is the facts of the case.  With those facts, he can follow 
the procedures set forth in State (or Federal) law and regulations for 
pursuing any case she may have against her employer.

					-- Matt Rosenblatt
                                        (matt@amsaa.brl.mil)

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
TRUTH     JUSTICE     FREEDOM     YIDDISHKEIT     IVY     THE AMERICAN WAY
From: lkk@panix.com (Larry Kolodney)
Newsgroups: misc.legal
Subject: Re: Harvard (Was: Re: Clinton Nominees for the Supreme Court)
Date: 9 Nov 92 03:12:03 GMT
Organization: PANIX Public Access Unix, NYC

In <1992Nov8.170846.23699@midway.uchicago.edu> thf2@quads.uchicago.edu (Mmmm... Purple) writes:

>>>I can only speak about the law schools I know first-hand
>>
>>So how come you're talking authoritatively about Harvard?

>Because I know Harvard first-hand from visiting the school when I was
>deciding not to go there?

Hardly the basis to make sweeping statements.

>  And have more than a few friends and FOAFs
>there?

This is not first hand, but what we lawyers call "hearsay."  :)

BTW, what's FOAF?

>>For whatever its worth, Harvard has consistently had the most alumni
>>sitting as Supreme Court Justices of any law school (by a long shot).

>Which is a remarkably accurate indicator of how good a law school was in
>the 1920's.  :)

Not how good it was, how much status its name carried.  And the
relevant decade for the current court is more like the 1940s or 1950s.

-- 
larry kolodney:(lkk@panix.com) 
_(*#&)#*&%)@(*^%_!*&%^!)*&#+!*&$+!?&%+!*&^_)*&#%)*&^%#+&
The past is not dead, it's not even past.   - Wm. Faulkner
Xref: sparky misc.legal:19562 misc.int-property:1387
From: oppedahl@panix.com (Carl Oppedahl)
Newsgroups: misc.legal,misc.int-property
Subject: Re: Trademark vs. Service Mark
Date: 5 Nov 92 05:21:02 GMT
Organization: PANIX Public Access Unix, NYC

In <92309.123850MBADBH@rohvm1.rohmhaas.com> David B. Horvath, CDP <MBADBH@rohvm1.rohmhaas.com> writes:

>What is the difference between a Trademark {tm} and Servicemark {sm}?
>Are they both offered by the PTO?  Can something be registered as a {tm} *and*
>a {sm}?

A trademark covers goods.  A service mark covers services.  You can 
apply to register either with the US Patent and Trademark Office.
Yes, it sometimes happens that a registered mark relates to both goods 
and services, and is thus both a TM and a SM.

 
Carl Oppedahl AA2KW  (intellectual property lawyer)
30 Rockefeller Plaza
New York, NY  10112-0228
voice 212-408-2578     fax 212-765-2519
Newsgroups: misc.legal
From: cfaks@ux1.cts.eiu.edu (Alice Sanders)
Subject: Is it illegal to fire someone after they file sexual harrassment complaint?
Date: Sun, 08 Nov 1992 01:23:10 GMT
Distribution: na
Organization: Eastern Illinois University

My sister was fired recently from a large national corporation, just 2.5
months after she filed a sexual harrassment complaint with her boss about
a coworker.  The next day after she made the complaint, her boss (a woman)
began treating her like she was a trouble maker.  She had a relatively new
female employee go with my sister on her sales rounds every day, something 
she had done alone for three years.  Her productivity rates were the
highest in her branch of the company.  She began to get ill, feel very
nervous, have nosebleeds, and missed ten days (with sick pay) during the
past 60 days.  Finally, with no other grounds, her boss fired her for
'missing so much work'.  But she also told her that she 'doesn't fit the
image of the company'.  They also refuse to give her her productivity
reports and have altered her last employee review.  The woman that was
required to 'watch her' (I guess) was also present at my sister's review.
She can't tell right now whether they were just looking for something to
fire her for or whether she was inadvertently training her own
replacement.  She tried to cooperate and not cause any more "trouble" by
not refusing this manipulation.  It all started the day after the
harrassment complaint.  Other employees who had observed the harrassments
were afraid to come forward for fear of losing their jobs, so she never
had any verification of her complaint.  And the company made no move to
investigate it.  They just got rid of the complainant. 

That's an overview of the situation.  I would appreciate any advice as to
whether she may have been fired illegally.  She is sure she was but is a
bit immobilized by all that has happened. 

If she does have a case, what would be the relevant factors?  And what
should she tell an attorney?  This isn't, it seems, exactly a sexual
harrassment case.  Seems like some kind of unfair employment practice.  

Thanks for any info or suggestions, etc.

Alice 
Xref: sparky misc.legal:19601 misc.taxes:3502
From: drears@pica.army.mil (Dennis G Rears <drears>)
Newsgroups: misc.legal,misc.taxes
Subject: Setting a Corporation
Date: 5 Nov 92 23:25:45 GMT
Organization: U.S. Army  Armament Research Development & Engineering Center, Dover NJ


  I have been recently approached to do some consulting work for various
companies via a consulting firm.  The consulting firm does not want me as
a employee but as a consultant.  This means that any money I make from
them would be considered as self-employed income and I would be
responsible for my own payroll taxes.  If it means anything, I would
still keep my full time job as well as my Army Reserve Officer Job.

  They have suggested that I form my own corporation.  They said there
are many tax advantages.  A major one is that I don't pay myself a
salary but just take out profits from the company.  Also, a lot of my
current expenses could be charged to the corporation (i.e. additional
telephone lines, office space, computers, etc).

   Does anybody have any idea on where I can get more information on doing
this?  Ideally, some books that discussed what is involved and the
ramifications of doing it.  I guess that I would need a attorney to
actually set this up.

   Thanks for any help.

dennis
--------------------------------------------------------------------------
			Dennis G. Rears
MILNET:   drears@pica.army.mil     UUCP:  ...!uunet!cor5.pica.army.mil!drears
INTERNET: drears@pilot.njin.net    USPS:  Box 210, Wharton, NJ 07885
Phone(home): 201.927.8757	   Phone(work): 201.724.2683/(DSN) 880.2683
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		Moderator:	comp.society.privacy
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Newsgroups: misc.legal