on the common long record page of one hundred and ninety five thousand two hundred and thirty two it read that when a witness says he participated in the commission of a crime of which the defendant is charged the testimony of that witness a subject of suspicion and should be considered by you with


and i did do a little bit more research into firefights six and i believe even as everything's written you know illinois supreme court rule five hundred


question my credibility you know i have documents that i presented to the judge i had to adopt the no it's one of them it's in the record and i presented documents to the


put this in that exception and you've highlighted the ante in your in your brief you know that that's important to this decision actually if we need to look for the proof of the tax purpose and i'm


operations of the business and we have to address this issue with income attributable to his personal efforts but it's clear from the record that the money that came out of chris you're in for the benefit of the family far exceeded the


of both sides of your mouth because you indicated in your brief that the trial court took a backward look at rehabilitation and not a forward look so how are you arguing both of these things


how does that apply to the trial process about sure the trial court seemed confused about this itself and appeared to glean what he could from what had happened previously


he also had training regarding no chiropractic adjustments than did current you can just moves on other people there and to work including clients and other people who work there so the idea that


was just to get it right it was just one time the door was open there were there was a mr cohen and a young girl in his office without a second adult how many of these as you phrased him innocuous things


just exist as opposed to this individual and possibly a more sophisticated individual a fifteen year old that's not autistic so is the aggravated kidnapping


substance remains in the defendant's system so there has to be st christian evidence that there was some sort of unlawful consumption and that consumption needs to be recent


i am on duty and half an hour early and the act is you know i presumably getting a fire truck to


appear that mr cunningham did either because there's a point in talking about signal strength of the equipment and he says that because just because something is powerful that it could go a certain distance


responsible for this on this flyer that he you know had wondered if that's where she has had to be working and she was suspicious that maybe this was an attempt to get her fired the


the works really impossible so therefore this individual either is supernatural or the information is has been and what's your response to that as i said detective cunningham


actually make even a good faith extension of the argument as the case law existed at the time you rejected the plea i do have a follow up question and this i know discovery was not complete but i presume as it relates to


element of the charge he said i don't think that the state can prove intent because of the way that the he was shot below the waist this case is even more egregious than that because he's advising and i don't think the state can meet the burden not just this one part of the


later better it's not it's arguably worse when you've got one picture in an article saying this is regard to the i believe taking three or four medications as the officer did


because there may be or may not be an algorithm that's involved so my question to you is you know if there is an algorithm involved and will it come up with the same selection of the nd time as it did the st time or will it come up with something different


moving we believe that it is important to recognize that and then through recognize that we are here today to talk about two seventy one a divided infringement soley because the district court made these errors that should be


that nature none of which have anything to do with spending by and large are the government courts nonetheless implicated in lawsuits involving whether or not and someone is correctly licensed reaching their license like a medical license for example


to but anything you might pass through is coming through the hole but i need some winds and that a change in the slides because that wasn't required that that rule look at the top that says this is the requirements of two fifty four forty seven b that


decision is soley the issue of the quantitative rating for the scars that is the issue that there was a separate remand order in may of two thousand and seven that issue went


the court prep a pointed out commented that has not shown how amendment five would change its bid for the basic contract and of course as i explained amendment five changes nothing about the basic contract and it certainly does not change the valuation for the basic


not the kind of case that a certificate of correction was designed to address q missed in its claims deliberately defined its claim compound through its stereo chemistry after telling the patent office during


working on the record shows working on additional products they had not left the product the practice of the time they were still involved in the product lifecycle in those products were still on the shelves so i think that it's important to recognize certain


is one of four pharmaceutical formulation that's what it's called if you go through sample three d this is a working example of the


of new coke alan bonds and in fact accounts five and seven describing how you make taps right it describes that but the expert testimony at trial and the expert testimony of the judge in whose credited was


analogy that we have to affirmatively do something about that being on the books i don't think you have to do anything about it other than to in this ruling say without that ruling as well i mean you've already considered the issues in the last go


were in the president agreement and there was nothing new the president agreement was not an agreement to agree the government is simply incorrect to suggest that the two agreements had different obligations but if this did why is


its status of a federal agency the question i have in this regard is whether there was a change in in federal policy with respect to the r i case and it seems to me when i read secretary


going to enforce this illegal contract then the question becomes what is the stream of payments that they would foreseeable you have obtained under the f t s say east had been signed by both parties


service members about the nature circumstances and hardships of his service i the war there loud noises that cause the acoustic trauma that impaired his hearing that lay evidence


that's the that's the claim system if you go further to


do and payable to a judge and doesn't extend under any circumstances to future judicial pay promised by law no matter how precise and definite the promise is


and again if you say look the rule is now going sixty five it's the rule of eighteen out of his life was fifteen to change it to the rule of ninety and i think that would raise very serious questions under the compensation of again because what's the point of the clause we're protecting promises to


world that we're living in of all the pieces of this process of force that the agency commission the president and congress only presidents discretion was substantively cabin through that nine hundred seventy five legislation the president could only change the recommendations


happened they should have had their basis for jurisdiction correct then and now what we're going through is a process of backfilling to try to make jurisdiction proper where it wasn't right in the first in the first instance and your honor there are very specific requirements of


returns the there's no allegation here that the tax return was falsified that that you know we don't believe you that you really took a loss for the year two thousand and five two thousand and six the allegation here is that for


mogahed an iranian professor from george washington university began his discussion again in the record by saying i want to first tell you about my personal bias as a muslim and he goes through


before the office and the record before the office on this particular application shows that at this time it's really an aspirational goal of these particular authors that are cited in the record and if you go on the the application itself


from when the earlier pattern said give amounts that may produce a pretty nice effect yes i understand the action there is a physical possible physical difference in the steps performed in


possessor of the core of the possession of the car it was not intended to be used as an identifier for purposes of matching to determine whether or not the


so last what do you think we ought to do with our case law to prevent the kind of conundrum presented here with respect when everybody this is like three blind men trying to describe the same thing


there is the stream of commerce and office itself that could be explored certainly demonstrated more clearly her specific jurisdiction but if the if the defendant is crass i believe for kate to want to get us jurisdiction and


they should be reversed for that reason thank you thank you we'll reserve the balance of your time mr adams


in the absence of somebody finishing their work there nobody would ever know i guess unless some taxpayer ended up calling ten years down the road one things were messed up that's correct i mean there is only a date stamp when it was received


yes or no it isn't isn't that a difficult hurdle for you because clearly he is an ample record in this matter on both of those issues that would


position and i think that's a very significant element of these documents in fact the grant back provisions of the p t l a actually use the words loss of rights as well and they talk about assignment back to


senate says it is untimely and prejudicial kamin to grant having another opportunity to make these arguments which of course is predicated on the notions argument and then that sense is that into the parents


i'll limit my rebuttal to that one point that i believe was it was raised by hellenes and i did not address initially and then it was their argument that every man is necessary in this case because ms hawkins was in their view


purpose it just would be contradictory to common sense that a person of ordinary skill in the art could certainly be led to make that additional modifications but we submitted there's no requirement to further move the terrilyn alice because of this explicit


parsing the web page that's associated with the entity that's making the request so without the automatic association to the web page the program is going to go no further and the users optional ability


page all right so when we when we talk about this obstruction what are we doing we that and we dedicate the use of either a program to an entity what you're trying to do is you're trying to


strive to conform its decision to a ruling of the numbing quit your committee of the world customs organization we believe the answer to both these questions is for regarding the first issue in all classification kisses the general rules which


doing whatever one does within the ambit of the fire itself you're saying that's excluded from the special compensation safeguards or


any of those bases or what's the difference between conyers and this case it's the same stance you were dealing with how do you get around the holding of conic by this way in


now there's yet another very compelling reason why the judgment of not infringe and should be affirmed and that's because of the phillips fee a w h decision to reaffirm the longstanding principle that work claim is susceptible to alternative


recall as well that when he made that finding the woods without the second expert there were three x medical experts on which the agency were lined all three of them agreed that in fact he had that


mr pearl in good morning you may proceed morning your honor may please the court the district court held that claims to computer systems and products and claims to methods of using a computer as an intermediary to


know someone is gone for five years that forty three eleven i understand that that's not the case in this instance at least as of two thousand but if someone were gone for five years


us through to the next stage we may or may not ask you to come back for further argument depending on how clear it is it seems at the time if the office meanwhile can work it out internally we


ruling was with the necessary to the outcome because of the prior rulings he had made on alternative grounds but he did make a ruling i think it's fair to say and it is being challenged as part of the appeal before us and it


appropriate even before the government or in this case the third circuit is compelled who will serve the tail privilege objections document by document let's remember in in chain the supreme court


recall recall something because of a lapse of time or something to trigger the memory or whatever that's subject to cross examination isn't the judge's gatekeeper


found and he goes forward with the point that there's nothing even assessed in the record that shows that she has any nonexistent limitations she can do the full range of setting her rebelling can she do it not only am i not rejecting these opinions but there are no such opinions in the


statute of limitations is when the cause arises in under the wood case that didn't occur until february of two thousand and one we're still inside the statute of limitations on that and i see that i am out of time your


night or district court had the benefit of the supreme court's guidance of allah but here we go a step further because there's ample opportunity to straighten it out and it's clear that it's all factual dispute so interesting and still says that


to this case as far as i'm concerned is or is one thousand seven point five to two it comes in two parts the first part is quote a local government shall approve an application for a permit or other approval


you don't have eyewitness testimony about what caused these diseases you have to go back after the fact and analyze it in a world where you can't conduct an experiment any longer because the causes of you have converged on one human body and the


even if you have it does not set the bottom line threshold below which you can't get the disease this court noted it makes no logical sense to do that but that's what happened here the jury was not permitted to hear any other


already ruled he can't go on the stand we would have been content to do that and i think that's what maybe motivated the trial team not to ask for it a second or third time so it's good when you had a question i was going to respond to just serve


please the court there's a number of ways i could proceed this afternoon first going with our errors or i could also respond to their errors my inclination would be to to raise our affirmative points that we're raising in our appeals unless the


court no motion involving my mentioning plaintiff wise was made no motion which of granted would have resulted in some little of her claims was made there was no request for a jury instruction the issue was not argued to the jury it didn't show up in a


once again we're into a factual area what you know what does active employees mean is that mean current employees


dam and the pain that's right that's right and if you look at the debt and the debt what they are concerned about when they talk about the ordinary course is is this an arm's length transaction it is or straw or is this the type of


that clearly show i will concede that whether he whether he did not receive treatment for eight months was eight months gap whether that was related to medical insurance issues well it seems that it's a pretty good imprint from the


the district court however erred in concluding at this early juncture that the defendants had a qualified privilege afforded public entities in the exercise of their duties the courtier it in that the privilege was not lost through abuse through either


somebody and and the jurors answered in in like form well that means that most of them at least the two that responded said that they thought it was procedure was just normal procedure for transporting somebody back and


the first of the programs was called over washington the registration list over the in the blank with the appropriate title in two thousand june two thousand and four red bull g m ph filed two petitions trying to


courts concluded that it's because of action it's the theory of the claim it's not mention of damages and the theory of the claim here is the descriptive use the perfect choice language that read all is


two and that is whether this is a properly filed application what is this i'm sorry what is this what is the properly filed application the most motion for one motion for leave to file an


different use permit to operate its retail video store on a twenty four hour basis in a can in a community service zone in the city of the first issue i think the court should reach is whether the


your example is with respect to the congestion how would the city deal with the problem of a constricted area where there are people who are not moving along we're


your own affidavit yes i seemed to me that they were missing anything about attorneys in the human you doing similar work charging the rates that you were


this would not have been investigated except for mr berry there was no there was no other event that came up that they started investigating that then led to the construct of this charge this was all of a


administrator and it doesn't allow the opportunity for this quarter and even other and other courts review that and what do we have wrong here we have wrong here to particular things which clearly violate constitutional principles and that would be one of them to


looked at the language of the ordinance which says that this is the process once the permit application is filled out it will issue there was some below


ruling and again that's assuming that this was all properly raised and preserved following our position is that it was all for it but even assuming that the question was on the merits is before the court i think that


correspondence so that letter shows that there was no reliance on the statement mr smith said about not presently making a claim that the my point to point and i'm concerned that is there also appears to have been no reliance


back to the question is why does this form matter and the reason the four matters is because when you convert when you think about converting a policy from a policy that pays the insurance liability to a third party to paying the insured themselves it's a


around that restriction by essentially saying no good deed goes unpunished the f c c here in formulating the structure of the competitive bidding process the options that congress authorized in section three zero


first the d c circuit's opinion is not on the governing long the supreme court's opinion on search or are you from that is plaintiff here tries to make a great deal of one


was forwarded to have it doesn't matter your honor under the oregon under it under oregon law the key issue is whether or not the insurance company retains or returns that premium here america returned it as soon as it found out that mr


assume anything i don't think anybody has pointed to a narrowing construct the narrowing is that they're just like the republicans and democrats they can go through their nominating process all the parties major and minor designers and go through a


corpus it seems to me that the both the state courts and the district court reviewing the state court decision focused exclusively on the prosecutor's theory of the case tended to overlook and not discuss critical evidence


just to make sure that there is adequate care provided by adequate adequately trained individuals and that the violate the purpose of the nursing home reform law if it were interpreted


tear he was not entitled to rely on the evidence and present court he could have gotten this expert in state house conviction and he failed to do that he was obligated under


most serious evidence that plaintiff had that certain members and middle managers were acting with bad intentions effectively the the the district court focused the whole


janitor type work or as a security guard and we have taken issue with that i think the starting point here is to look at the findings that the administrative law judge did make in this case there were


it's not like he's cooking eight hours a day or it's not like he's addressing himself eight hours a day or in any consistent way so how do you fit this situation into those cases where i've never started in this matter that


blade up into the neck headaches increased with neck motion in any direction feels there is sand in his neck he has to be laying in the arms which often feel as if they are asleep he is worse with coughing bending over a grab


interfered with every attempt at mail delivery to me during the entire notice


rather all of the matter is just a matter of this little steep part not making its way back it's history anything in the record that shows the postal regulations or how they deal with certified


in the federal action needs the testimony of norma holstrom as a part of the impeachment of a law enforcement officer your experience is the same as mine if you're going to impeach a law enforcement officer you just


settlement discussions themselves and their further consult with and have been advised by the bureau of indian affairs and that this release in the making of the settlement of which this release is a park have been agreed to by counsel and such bureau so it's our opinion that charlie butler


didn't tell us at that time just what it was asking for and in fact when it came into court to talk about the interest rate it asked for a variety of different interest rates to its own supposed borrowing cost the alaska statute


without which claim is state law for which by misfit the uniform rule that most courts have adopted prevents that instead of they will figure out the damages we don't have to worry necessarily about whether the legal


good morning your honour's and may please the court i'm david becker for appellants oregon natural desert association and the center for biological diversity with me at the council's table are stephanie parents zach lacy i'd like to reserve four minutes of my time for rebuttal


about whether contempt would actually could actually be found but what about the appointment of the amicus to to look into contempt charges there's no basis to do that either he doesn't have the authority to prosecute anyone for


a basis for dismissing other prosecutions but even if you disagree with me on that the reason your hypothetical has forced is because it's an unconstitutional mode it's the kind of thing that could qualify for armstrong and you can bracket that question off if you


executive branch and to the politically accountable executive branch not to an article three court generally yes your honor the prosecutorial


to uncover them through questioning yes that would be a basis to dismiss the next question is then what could the what could the court do it would depend on the posture of the case if it was an early decision in the case and the defendant


form i mean every appellate case in the country has affirmed the grant of a motion to dismiss or has said the case has to be dismissed they don't have any ability to go question behind the government's perspective on why


self correction on this record before us if there was bad faith it occurred in the original prosecution and shouldn't we allow articles two


intelligence agencies deal with every day ok all right and and to get to a different point of i'm about to run out of time i did stress that it's too admissible evidence because for you it doesn't go to


nothing prevents the f r a from restarting the rule making process with information that is fresh and available and i think based on the circuit doesn't exist as this is a rule that is is i mean really i comply i understand the argument but i just


guidelines implementing species s s s n program in the federal register as required by section or each of the endangered species act and the senate clearly does here because the fed its failure has denied center access to information


interior cannot do the things they didn't need to do that is you're not nd guess how the tribe spends the money distributes the money from its fund in ministers it's fun and all of that makes sense


are the five books i want i wanted and then the librarian he says well i wrote him down here's what here's what i wrote down those are going to do other things you know that's bad is that is entirely right i mean that the browser histories do


the basic authority of the commission to assess the fees just like in concept where they said the the f c c couldn't come up with a fee category for unregulated railroads or people eating ice cream it has to have an initial grant


that's an extraordinary position to say that well you know five federal records act cases you know closed because there are no remaining documents for state to recover


case meaning with respect to this specific request for god is he talking points you


i'm sorry can you repeat the question what is the link so so you say problem somehow secretary clinton unlike other officials who left government and took with documents that should have


that's where you or you are trying to build a bridge between information and records and i think you cannot do definitional if they're different information of all sorts can be contained in a record and they may not be related to each other


a new shepherd ability review was required based upon a proper understanding of its obligations and that is the situation we have here with finn since burden on summary judgment to demonstrate that there were no


erred when it found the selectee significantly better qualified for the job than the appellant the district court actually said that the burden is on you and you and this is from j three


was speaking gathered or where the blind spots are seems a lot more compelling as applied to agencies whose job it is to gather intelligence and it is applied to the state department so fact that the


about threats to mr shoji is of the type that its mere existence where at the globe our stage is mere existence would reveal information about the source of that intelligence or the particular method so that's the gap here it's not


eligible intercountry adoption by his or her country of origin as our death oriented as the record makes clear this creates a catch twenty two in countries like taiwan the united kingdom uganda nigeria and pakistan where eligibility is not


meaning the parents are dead or no or competent but also that intercountry adoption in particular is in that specific child's best interests which requires a determination that they're not likely to find an adoptive family within the country of origin so


don't know tell us more very precisely what you see as a gap you you said a few moments ago that you thought that the sizemore declaration hadn't done enough even though she's


undermine their deliberative process because you think that it is been infected by bias or war or incompetence or or whatever right well yesterday


again we say the number of cases but i think american radio relay is close it says quote purely factual investigative matters close quote are not protected the privilege is designed to protect


so that two separate questions one is the merits and one is the propriety or not the district judge having implicitly denied the motion for an evidentiary hearing and or


suffering from carbon dioxide poisoning and so the inspector operates on that basis basis of that information shuts the wind out and months go by


are invalid i think the question is the scope of relief that the court could answer that the court could hand down and that we may have some questions about that too but in terms of whether the legal argument you're making which is that it's just wrong to


and twelve letter had been completely forthcoming and i'm not saying it wasn't us but assuming it incomplete were coming in even if the agency's c m s his response had reflected any of the confusion you think is in


on in the agency comes up with a solution and an interpretation of the statute they can't go to a court and get some sort of a declaratory judgment so they're completely at the mercy of the


or in addition to adding the in any work language well the yes the occupation is what the department of labor when it looks at a job ordered


for eight employees but instead of only hiring eight of the foreign h to a employees the company might hire ten in and


decision making authority and that's all that the ranchers are seeking here again at no point has the government been made to consider the serious environmental crisis that they're facing and all they ask is that somebody who is politically


and you know i would direct the corps to read registered are the board has a very clear analysis of the standard it was adopting and that a disparate treatment standard where the reference point is previous email allowed by the employer got its written


no in the nd decision before the court where the board found that employees were not interpret any of these statements to be overbroad rules because they were all made in the context of missteps


bowling invitation if done for recognition of work would be considered business related so there is evidence in this record of similar invitations misspent for it sent one email to each of her coworkers inviting them to a bowling social events to


about the misconduct so that there could be effective supervisory branch control over officials that might be abuse in office but that justification would not seem to apply in this case where the allegation of misconduct by the president


office to work with others through brainstorming daily interaction developing a new strategy an arbitrator said no we don't i don't find that that substantiate in the authority agreed with without in that case and then you've already in this case of u


traditionally not not done so you know and i would assume that the translator and or the lawyer went through the plea agreement prior to the court room i mean that's certainly standard practice for a lawyer to review it and i don't know you know it was done with a with


its way into the decision in a few places and the question because if that's true then how is it harmless beyond a reasonable doubt assuming that that's the right standard yes i think the evidence is overwhelming that the district court


that's not language the least i'm used to seeing in these types of in happy pants ment's if i'm meeting with my law clerks on how to deal with a case and they make suggestions to me and have


into and ultimately dispositive of the dispute for it even if the parties fail to identify and brief the issue and as i say i just have a hard time seeing that this oral solution is


either does it achieve its principle intensive purse was purpose a primary intended purpose as through chemical action it's a drug if not it's a device and if i could actually i think i don't think he did as


how you get there because that's what central to your argument is how do you get to that status if you are a family member child a family member i mean a family member for shorthand if your family or how do you get to that status and


position and if i could clarify our position on the per country limits there's no question that the per country limits cover some spouses and children because there are specific to the government points out there are there are charges billeted provisions that


the great time so while we're at with you as i know this is your junior year and it's a pretty busy schedule what kind of classes did you have this year and how are they different from last year this year i'm taking three a


literally right across the street from woodbridge and so it's at the renaissance woodbridge wholesale and this is going to be so awesome god gave me this vision of a sleep over conference and when you think about sleep over


nation with and prayerfully frankly yes globally nice oh my god it's been such a pleasure such a pleasure to have met you and to be able to have you as a guest at the place the source


you had to drop one activity for another that's me at first i thought i should drop some activities maybe an a p class things like that because i didn't know if i should be focusing on one thing over another so it was tough at first but i realized that after i gave it time it


that where i started so it was nice going back to where i started and almost acting as like a role model for a younger girl is and i thought that was pretty unique because i was in that position once so but other than that i was a


friday but in college it's just my classes and i have my few active my few activities and clubs i'm involved in while i do like being that i'm just in the ones that i'm passionate about i really do enjoy that but i still miss that i versity


mental health subjective units of distress from zero to ten zero is you're not upset at all and ten is you are the most upset now in another show i might discuss belief


concept i think so so here we go again with the graphic of where to tap i like to review this every time we do a show because there may be some people out there that have never seen this


blew me off my chair because i teach this as an academic and i never thought i would hear a sitting american president admit to this certainly not to people like us the raid in the roosevelt room for basically a publicity stunt


support the complex in this case the nuclear complex the compromise is over a trillion dollars over the next ten to twelve years to quote modernize


yeah i i think that's a lot of what nearly all of us poetry it is about i think as a poet she spends a lot of time in a chair like more


including the joint committee on taxation which forecasts that one in five households will see the bill go up with the next dicked decade as a loss in acted so by two thousand and nineteen eleven percent of households will be making certified


so it just kind of made sense and i thought that i was a good fit so i played the duquesne and very quickly as you can i i was in a classroom my second semester freshman year i found out you know what this is this is going to work this


miss this particular type of course a number of times with this particular kind of math so i that's another i think good reason why they should wait until the spring and it does it does count it does become part of their testing record i think there are some tests


municipalities and states don't have all the money they need to improve and invest in in their infrastructure and in their needs but we find ourselves stuck in a reliance on private capital which is basically wall street


inviting participation by all of you who see the promise here the idea that we could have by that we can create our money to meet public needs without losing our shirt and our futures that we can actually


decision of going robert morris and also pursuing nursing and i do you want support my parents were very supportive my mom was a huge help and you know crunching numbers and figuring now you know what works best for me i definitely am a home


find market rate or on the private equity market whatever twelve percent that's what private equity firms want on an average of twelve percent like to build this infrastructure so we have one and one on the state


process of feeding credit to the local community and small business loans and all of that the wall street banks are not giving loans like that that's not really where they're making their money is it round the world i mean they're making very small percentages of


industries went down and then they would have had a serious crunch but instead of having to have these very expensive rainy day funds they can just tap out the banks and it's harder for next extra dividend it's like a rating to a friend i know in


to dream and to purse of year because there are going to be a lot of times when to accomplish your dreams you have to persevere through some hard difficult challenges but if you stick with it and you were determined and don't lose


to this point i did so absolutely i have persevered through some tough times and even with opening up these two new ventures there is a lot that i have to persevere through before i even get the doors open while


capitalist would enjoy that you know i would not want to fund that ha i'm putting in my three dollars right now and we're back here talking to you because you've already invested two and a half minutes into this so


b information directly into your brain and this is is a dumb gas and no but all right you want to hint yes you know football the cards over here listeners have heard my stepfather yeah robert


got it from home and extended that love and then also becoming a christian that also has been a part of me because if god is love then how can i call myself one of his children and want to disciples


be like the head strategist so when you're a captain as you say you are then you get to be the head strategist and how does that advance your fencing career in a sense while


which is right up the road it's a vaughany dash institute dot com you'll see a graphic up on your screen it's a lovely teaching facility and i teach tapping in relaxation


think you just figure it out obviously it's complicated as you can see right now it's like on the sound of music that you know yeah it's actually a real thing that they do yes in fact my mother knew maria fine tropp really corresponded with her


you interestingly enough the thing that most people think is the most difficult which is enlarging the image is a relatively easy thing to do and kind of fun but it's the site it's like construction work it's it's a physical undertaking


feared and so i kind of made that promise to myself so i was walking home one night and i'm walking through this fear this street and i'm thinking that and in the middle of the street is a man in a wheelchair nobody else is on the street just i'm


symptoms and issues so it's not even that you have a concussion you may have been had direct or indirect slow to your head and not know that you have a


rast all of those are just a given for any student that we might we do that to protect the students so if you know we send those out and you come back to me and say i went to my doctor and i'm not concussed great you know we just we did something to help you in that


there was a good song i'd like to join your cult but i didn't understand all of that song oh ok so ok so explain that song to me a little more well i have course am a petroleum product it occurred to me a couple years ago that you know what


organic oh ok i can do that when do you think you'll start producing that gadget to start the route that's going to make these billions of them these very beginning yeah these may very strong green right now


us at then we have to prepare for that is not what we do i would never use that in that way it's horrible grammar so no you don't do that ok we do something completely different ok so you're mr smarty pants and mr grammer are tell


the reality of your situation and the subtitle on your book is a guy to reality in an age of deception and institutionalized deception that's a word that everything is hunky dory while everything is kind of getting deteriorated


you say here are the things that are making loans for and here if we do make a mortgage loan here the terms on which you make a mortgage loan there has to be an ability to repay we're not going to make a jump loan that we consoled of some dumb german law silly enough to trust the


so what's the point of fighting about what it is and whether it falls into this classification or that classification when we're all admitting we don't even know what it was yeah this is been


female or whether it's just personalities right i know part of mine is personality i knew you know i schooled no matter what i do i'm going to succeed you know i just had the supreme confidence zero it's so christian what is it about your


should probably do that should you do that professionally oh yeah


attractive and intelligent well that's odd for that's an informed because we know that if they're listening to the tom and doug show they have to be really attractive witty smart people and they don't wear clothes right


to me i prayed to tom brokaw's that the gulf war would soon and and and my prayers were answered even though he's


person and your functioning as a mouse in a maze and you have just got to follow these rules you feel that nothing i do is going to have much of a consequence it would be more likely that the only reason to do good is because you need to get something out


with time paint fades and the living desires of the surface


servants around this place yes we have two maids but they left shortly after dinner how do you know they didn't come back just a minute what was your idea he could have done it he could have even cut the telephone wire but i did


the past three years that's exactly paralleled by the increase in expenditures in that fund there are a couple of other issues and again we'll go into it more detail on the twenty six that has to do with the way the fund is structured where release


located at hopkins next year and so we're coming now saying we no longer believe that's necessary the second thing is as superintendent evans mentioned it would be to create just the base bit of what would be exist for the washington


impact where staff can put students correct correct yes will impact where we put students and i think the board will know that that if they can't go to washington because it's also balancing t k and


bit with the final decision on the number of portables to be made when the board approves the bid in april that way it's clear that the decision is the number of portables not what goes in them right now


the homework and things like that that we need to modify for the spanish language and then today for instance we were doing our writing scoring our writing and then we were able to look and compare and


every single saturday in march is basically booked or i'm on available for various reasons so i apologize i'm going to look into having a teleconference office hour and if i can do that i'll blast that out and we'll put that on the website i can


items i encourage parents to check out the menu of our school lunches if your child hasn't had the opportunity to try our scratch cookie so that's all i have


is it's hard to start learning new standards without a curriculum and one of the beauties of what common core inc has done is that they have a really laid out


everything in in an hour and i'm not sure that that's possible with with history of units to it there is a lot packed in every lesson and the time almost everyone you ask says


it does seem a bit unreasonable so it's so we're giving it our best shot to be as precise as we teach as we can not there's nothing else that we're doing except teaching the math at the time but i do think some adjustments to the curriculum are


i think the communication around this i think that i think our staff have really done an excellent job with the resources that we have to get as most in as much information out there as we can know where we are but i think there's a lot of


staff and our administrators to know that we're on a good track but the more we can communicate that with clarity and messaging on what it is we're actually doing and benchmarks will be really important and then also how


distributing brochures and posters throughout the community and then on yes we had conned kindergarten information night which was also a good success and well


running you know as a gesture coming in the first year doing having this sort of lead in her lap run it had to start the new school as a new principal and you know having a principal transition in the


she has not been at work for the last couple days and yet she still comes to our board meeting at ten o'clock at night and thank you thank so this item has been pulled for discussion let's discuss


is pretty pretty low we may actually go a little higher than that because it gives us some flexibility for future but in any case will come back as part of the recommendation on that and the final thing is the risk pool or it's kind of a program wide contingency and that's done on a cash out the


finally under state law the board is only allowed to discuss agenda items at the designated times on the agenda therefore other than thanking each member of the public for speaking the board is not generally respond directly to comments or questions made during public comment i understand that this can be


seen this program touch and transform lives for young children and their families in profound ways hopkins is a preschool community that family seek out for their children we understand the urgency to find space in our district for


the cooking gardening programs has been brought to the attention of the berkeley high student leadership team and i'm hoping that they're going to get a chance to discuss this issue and i'm also planning to across their presence when this issue is brought back to the board so that we can hear their


on hopkins if you have a complaint about the district you should go to karen's office hours it's and if you're something good you like to say you can change scripture go to mine at one o'clock i also like to announce that the game vs


and they are doing some of that work through an intercultural literature class that is run by their very impressive teacher slash director of student activities dr bell very day and we're also planning on continued contact with him in fact my


you're starting to grow again from last year last year you look looks like you had a little bit of a decline at the overall level the k through twelve and a little bit again over at elementary and this


out were there were a couple that were like most of them are are parked apartments and condos that they're you know hoping to sell i'm sure that this is not usual conversation that school districts take with their cities that because we have a close


and then and if you can if you can update it you know frequently or so on that point director of color would you be interested in being on the subject need to kind of delve into this issue more and not only address that issue but you know


texas and it was a restaurant there was a greek greek owners of it but it was during the time of segregation and i remember going to work one day and the owner was saying to me that i could be a


and know that love is furry is free love will take you to places unchartered territory that you never dreamed of but you have to make a commitment to love love


been able to celebrate my mother's ninety of the birthday and i know that's a gift from god that i didn't even have enough sense to pray for about that i prayed for many things i never say god keep me here and keep my mother here so we could celebrate


orgy orgies while that sounds very exciting what makes eastbay unique among other football programs are other youth sports well couple of things one we have one hundred twenty


i think you already know and he was right but that's not the point of the story


all at all but i don't know how he went ahead with it but what happened is over the years when i first started teaching i had boys glee elihu harris was in my boys glee club and he was eleven he was the youngest one


cuba which is just amazing to me that what they found with these sonic photos that they've been taking oh and there are some shows on t v on the history channel and discovery channel that they have the first day of filming


abuse of any power and you know i do past life regressions with clients and i have had clients who freeport and beyond being on an island and it is just literally raining fire and there's fire everywhere and people screaming and


moon and that says the outcome of this situation is not yet set the answer is in the shadows or not yet revealed so to me because of all the other cards present in your spread this would say to me that


may feel necessary so that the person does not become overwhelmed by other people's thoughts feelings and emotions according to louise l hay the author of heal your body and you can heal your life which is also a movie being overweight or


and there is a massive change in even the body restructures the whole psyche restructures there's massive psychological healing and so it's priceless you know in the healing of the trauma and how


that and i don't know it was just so simple his approach in regard to my body and my practice it was like the way he spoke about it it was it was my


and they'll be a civics and history current no matter what so that's also driven and i think one of the big shifts that samina can also comment on is we're going from family based immigration to merit based immigration right and so that means right now the focus of immigration is that if you have family in the


and again right and simply remember it it's interesting when you go to a disaster places i went to hurricane katrina for example and bring the drum you know there's all these people rebuilding the homes with hammers and nails and i always feel like the


is that they have at least this is like minimum at least twenty minutes of exercise and that it's encouraged for every hour that you sit that you have some sort of exercise so they'll be stretching classes they'll be doing yoga now and all sorts of good things


of the one point five they are in alameda county it's not a very large number with the affordable care act and with the expansion of coverage we're going to add on an additional fifty six thousand to medicare and an additional one hundred thirteen thousand to west considered


it may be enough that if you start crying we can all recognize tears but we don't know what caused the tears we may think it sanderson you could be laughing inside and tears are coming from laughter or you could stifle a sneeze or started tears how do we know where


your young people to come to your program for us so i'm stationed at two different schools on the supervisor so i'm all over the place for one but my primary schools are midwest high school


then from there it just took off and you know we're at a place where we're still a small nonprofit but we know that we're doing good work the people that work here like greg and our other instructors are extremely talented and they love this work


mindfulness activity so that that trauma doesn't get reactivated so what i would recommend is start off with you know ten minutes a day five ten minutes a day if you do that for a couple of weeks you'll probably see a difference in your life just how


the brown act requires that legislative bodies make a yearly schedule for their meetings so i mean i i would imagine i need to look at the wording of that particular section of brown act but i would


elements so it doesn't make sense to say that there are certain elements of the base though based on the context i think it's clear that the base offense asked to be here aggravated battery with causing great bodily harm


because of that that hearing held on january sixteenth two thousand and thirteen was an adversarial hearing it violates this court's ruling people be jolly and i would ask that the court remain in this for


one minute your honor if you don't mind


march nineteenth which is only two weeks after the disposition hearing how much consultation could have gone into it at that disposition hearing and how much review of the record could have gone on those are the issues that the certificate intent behind this


attempt to diminish tension about me i my time is expired but you may answer i don't agree that that is the entirely the clear intent if you read the debates from all the way through the clear intent is to provide contractual


was no other alternative that said those benefits could not be diminished even the dissenting justices agreed with that that principle


in which the court then said not only does a pension board ruling satisfy ten a for purposes of up with respect to a line of duty disability pension but if it's an occupational disease disability pension we can look at whether pension board


error in the formula that was used in the pension board so it's not enough to simply be writing checks to fund and should every year so i would submit that under carves the village did not have the ability to seek a ministry of review with a pension board's decision this matter


not just with respect to the designation of this is a misdemeanor and the application of a misdemeanor penalty but also rational with respect to the removal of supervision because this is a fence was too serious to allow the number of


general moral ideas of the public are violated and here when you again when you analyze the factors and you look at it it's it's it's shock it's a cruel degrading punishment for example recently we just had miller v


is for all intents and purposes across comparison analysis it's what the court did below it's what the defense council is doing now it's been rejected repudiated it's not a basis for a legitimate constitutional attack the proportionate penalties


testify that she told them no one was home but she testified to contrary evidence she said that she told them she wasn't sure if anyone was home and explained that the only person that she had interacted with was howard savvy who after work around two or three in the morning


ok you're you're on the jury why dear is an opportunity for the parties to get assurance and the court to get an assurance that the jury is impartial and that it's a fair process and so i think that is look that's my understanding of


but there was enough evidence here which the jury a properly instructed jury might have found macdonald guilty of a lesser offense of involuntary manslaughter or the seconds very very patient and because


supplemental appropriation to keep those facilities open through the end of the fiscal year the legislative intent shows that that supplemental appropriation was intended not to include any money for the wage increases and there


and that is why if you take a look at the issue of public house and you weigh what's in the public labor relations versus the infringement upon whatever


absolutely right well isn't one of the other protections the younger print requirement which in this case the reliance upon fingerprints from twenty years ago him and you doing your own background checks rather


officers and under these sorts of circumstances suppression just doesn't justify the cost that it imposes of letting tenants go free if you ultimately the unlawful condition that


chose not to attend or even knew about the deficit the record indicates your honor that the defendant was present when the people filed their motion and asked for the step a session there is no waiver by the defendant on the record


neighbor who heard the defendant's voice was able to identify it scolding the victim saying i'm going to get you and then mr a defendant in a third party admission after the fact admitting to tying up gagging and slitting the throat


their occurs when the violation is so serious that it affected the fairness of his trial and challenge the integrity of the judicial process in cloyd united states supreme court


speculative that to try to figure out where the juries come from you know that one of the there is a non definition definition that the score is recognized over one hundred years you're going back to the one nine hundred twelve people versus


relieved of his failure to do his diligence and he argues in his brief that he's shown diligence simply because there's no evidence of record that he could have obtained this evidence sooner where you don't get to turn


because of the other kids it wasn't the basis of the trial court ruling his ruling was yes your honor before my time runs out i would just like to make one final point all of these same factors demonstrate that the appellate


equal force to someone who's nineteen who is within this gray area based on this disconnect between the evolving science and the trilogy of cases over the past decade and then perhaps remanded


with prior conviction i think that first of all that's really speculation there's no evidence in the record that this was not been tested or was not something that was heavily counseled and heavily litigated


complaint i was running the risk of being sent back by the appellate court because of the case or controversy that still existed in the trial court so i asked the court to clarify


race is entitled to protection of an item i don't imitate under the first amendment we're suggesting that this court as part of that to twenty four analysis in this type


is left to the broad discretion of the circuit court and because the circuit court has discretion not to impose sanctions even if ions that a party has violated or one thirty seven cases where the court should be found to have abused its discretion


even though the record show that the state and checked in late and a reasonable position even though the records show that as a result of that objective and reasonable


violations of the act because two years earlier the state had dismissed another case against lake environmental with prejudice and was not able to


a client's property this is twenty four seven for twenty one months it's been living with this the appellate court when it was criticizing the tortured construction of article ten of the guts to sion i indicated


they said you could look it up using i said love em another case where there was an arab league west versus anderson was a collateral attack and the order issuing the tastee this out but it was filed


and then the redemption period expired in two thousand and eleven me my no staying over for two thousand and eleven what i'm trying to sort out is the purchase in


looked at the voter's records they looked at the house to see if it was bacon or not they have records of that they looked at the deeds in the chain of title which this mortgage was of the king mr mahoney what do we do with the and in twenty two there's four five


there has to be a starting point for that there it is and if the state is taking the position while we're not going to respond to these petitions that thirty day period still has to start from somewhere in the absence of proper service or an affirmative waiver you


at what point does it exceed the duty just as our ms my point at what point did exceed the duty if it's only to transfer the call the transferring the call would have taken place by hitting the buttons transfer the call but what lori zein did is they didn't


it maybe what you're addressing here is in two thousand and four before the two years before this ever happened we hired engineer to prepare drawings for the hall rockets


covered i'm trying i'm trying to think in my experience of workers comp if i could ever think of anybody who's ever argued that if i have an eight hour shift if i leave the job for my lunch break and i go down to a diner i'm not covered but but that's my own choice


should be getting more money than you were originally because i'm now working so that is the that's the wind well that's the advantage that's the benefit to the point it is not disclosure never resulted in a really just in the plan payments


the plaintiffs went into the bankruptcy court sort of modification to reduce the amount that they were paid when their circumstances changed again they didn't bother to tell anybody they didn't tell their bankruptcy attorney they didn't tell the trustee


petition there's a few claims that reflect the council wasn't particularly familiar with the strickland standard as in he alleged and you know chocolates and effectiveness without going into prejudice he he put in there a claim that mr carro received ineffective


respondent stated that the circuit court exalted the rights of the natural father over over him but really the court exalted orkut honored the request of the child to


and fortunately with the situations things like any case it's something that if yours void and there's no actual and there's no actual discretion the court will actually make an argument that's something that


thank you he's number one one eight six five two james r stevens at all versus mcguire words al l p will be taken under advisement as agenda number twenty four to


state court the state of pennsylvania could not go and arrest him in the state of texas well they might not be to go to rest them in the state of texas but what happened i'm sure in this case and in many other cases


ignore the situation for all these years well your honor there is terrific prudence to that it has not been briefed and it was not particularly raised before judge gomez but the fact of the matter is that this was a police officer and i


to that by agreement the party said well we'll include those and so essentially it was kind of no harm no foul it all worked out in the wash we're being creative in our collective bargaining and they got judge ambrose to agree that at the end of the


have today yeah and the case really talks about the fact that you know there's a there are a few exceptions here where this is premium an extra compensation but it's rather conscious it's a credit for allegedly including non work pay presumably at a non premium


exempt from all taxation we could have that that question but that's not the question today the question today is whether there's something special about state taxes now my friend on the at the other table said look


the the court concluded that the fault was soley riscos and they did so based solely on the assertions of the c


and if he's in default of requirements then he can be thrown out on that basis but prejudice in being prepared for trial doesn't automatically arise when the trial is not to the twenty first just because a conference that


balancing analysis right but if their speech is simply the speech that is part and parcel of their employment and then we've said that that is not a basis and to bring an action for employment i


in finding the existence of a claim under section one hundred one five of the bankruptcy code based merely on the plaintiff pre conformation purchase of shingles the district court did not take direction from the


believe that she had apparent authority as you're aware the agent's actions cannot create a parent thirty and that is all the chase knew about the agent's actions not mysteries are


on lutheran home only the duty to provide foster care services the placement agreement sets forth about twenty and the placement agreement in the handbook passed through state regulations about twenty itemized requirements


reached a conclusion different from the learned united states district judge who heard the suppression motion and i think under those circumstances and indeed there's a there's a footnote there where i'm not sure my colleague's concession was warranted but this


the warrant incorporated the affidavit or didn't incorporate the affidavit but it was attached and available for reference then certainly i think the good faith exception applies because


is on or about or about and i think that is something for your honour's to consider meaning if the government didn't have is specific set of evidence they they wanted to move in and wanted to base


is the argument you ended up with the same sense anyway because there was a mandatory minimum what's the what's the arca reasoning that gets you to no prejudice if you're convicted of something for which there was no evidence because the standard is whether there is any there's


done which impairs trustworthiness as indeed happened when there was a day when things didn't go forward because he was educated people say we can't go forward yeah i mean i think if we're going to look at the age of seven which really hasn't been part of this case


findings of the bankruptcy course of the first there was no explicit determination or mention by the district court of any factual findings or inferences of fact drawn by the bankruptcy court with which the district court disagreed so let me


judge gross fought originally when that would have been appropriate but it's so unduly delayed the proceeding it's not going to be more than twenty million dollars right it will be no more than twenty million dollars as far as you know but we don't know and you have one insurance policy that might cover


to the sentencing you can be mad under due process both under the guidelines and also with respect to manipulation i suggest that you have that power when i said earlier that there


minimize the risk of secondary or right around if we need to go to that level of specificity in defining the right at issue here how could it be clearly established


the business about literal truth and examination of the new argument fails in any of that the what he's first asked is how about your personal has your personal received any calls like this and so the argument is


some of the things seem to be pretty egregious but if we were to say that some contracts might be some contracts might not and you get and to close questions then you really get into a situation where there's


enjoy the same federal constitutional protections in puerto rican courts not just in federal courts in puerto rico that defendants in the courts of the states enjoy and that really is one of the concerns that was articulated by the


standing for your customers in order for us that hit the issues you want to hit to we have to conclude oh they've got the standing to assert not what their members want but what the


sixty percent fifty cents on the dollar what your honor it doesn't need to be a showing is typical and adequate yes sure but we believe we believe that in light of the the parties and by parties i mean this wendell and sharing plough in light of their clear and unambiguous understanding that the


not impact on this court's unanimous decision gibson on this point that the third circuit was unanimous on the question of how is the thinking different how's the principle different of also rest from selective enforcement for purposes of


selective enforcement has nothing to do with the validity of the criminal proceedings that followed it doesn't a sense and that's why the gibson point opinion is very important as we as reported that in our applied great as this court said in gibson and there were two


selective enforcement then it does have to be a trial and to be a conviction selective enforcement a a plaintiff would have a cause of action for selective enforcement upon being selectively enforced or upon having charges being brought against him that were being arrested improperly but but if wallace


damages saw if the selective enforcement claim were brought it would depend on i guess the nature of what the charge was and what what happened to the plaintiff i don't believe it would it would carry on to the ultimate prosecution in the ultimate


if you knew about it the time the cause of action would occur at that time right but in fact since you don't know about it and tell you have complications three years later the cause of action accrues at the time when the extent of the damages and


certainly there is an intent to regulate that aren't aren't stairs covered by well there is there are no prevalent regulations governing the design of stairways that was fully described and set forth in the ninth


next step and found that any error would be harmless given the other the means by which tucker identified the delightfully time of


grandson at the end of the day then are you suggesting that there's a material issue fact through the requires reversal because if her version of the facts is i thought we had it all worked out and his colwell version of the facts is we were far from


gun and officer brian who actually subdued the defendant so a motion on the part of the friend in two words his ways he did not testify that he saw the gun but he saw the similar type of motion heard her to clank of


with the foremost leading expert on cult weapons he's writing the book at the time he buys this he is a rare collector so for him to have these two guns that were presented by samuel cult to general sam walker to him that's


jordan the question of what the value of these guns are we had a letter from the government's expert at the trial who said they were worth more than what he paid for but all i'm saying is that that is it would be are the short of thing that he said it would be awkward to say mr murphy


in pennsylvania doesn't have any oars in it the simple assault us and you have to use a modified have a gore full analysis and that's where the restlessness issue comes in on


to two thousand and one to file something how in the world can up with polling come into account in that situation if equitable polling ever applied the need to in effect let it go well i think that at that point he's probably aware from his other colleagues or


to judge bassler there were they say there were no statements obtained by the colombian government independent of the interview which is memorialized in j sixty one j sixty one was


basically with a contract an employee of a private company assigned enhancements to him as though he was an employee of the united states postal service and


a city so he can hear what we're saying yep an answer if it's a practical time consideration and you choose not to file a motion some are dismissed you think then that the defendant should have the burden


section talks about a person who's carrying mail that could apply to letter carriers only which mr or so was not and also it leads us to a case united states versus kirkland where


subject to genuine dispute and explain their materiality does that supervisory


consideration i think it's warranted in this case to take into consideration that there is a disparity between fast track along fast track districts and it appears from kember oh look at what justice ginsburg wrote a district


argument that we've vance is that because congress determined that that's track programs should be established in certain jurisdictions in order to address


that i think is always true but no disputing standard we certainly had submitted sufficient information to opposing counsel the government and the court indicating that the basis of our belief that the


objection is nine years later far too late with respect to that


mr buckley thank your honor may please the court i'd like to emphasize two distinct aspects of our argument they seem related but they're different one is waiver and one is moot


and i would go back to the the blankenship case from the circuit that that was the one that really struck me as if you're going to give a direct


not immediate it could include immediate but it does are you know secondly the blankenship case that the government relies on saying if there was an immediate and that case well when


of course employers strive to get these exemptions where they're warranted and therefore they put they put all the self serving labels they can in the record to demonstrate that what they want is what


attack or actually attacking or somebody showing extreme anger i don't understand anyone to have actually even been outside or to have spotted him when he decided to make his so called stand your honor mr hawksworth testified as he was


idea of a showing cited no materials in the record referenced only the complaint and a document attached to the complaint which was for the purpose of establishing the plate us right to attorney's fees at the case below the defendant will make much of this


case falls at the st stage of the qualified immunity analysis as far as the individual officers are concerned there was no unreasonable unconstitutional excessive force i think that the there was physical


officers individually


particularly on point to this case and the you can point to that would provide at a good marker for how we should approach the issue in this case there are thirty one is under such as hoffman and of course of that case the reduction


quantified precisely that either of those but but certainly the probability but that's in part because there was no evidence on the other side we said look this is a this defect gives rise to significant risk of bodily injury or death


that well look at it we can't get around the fact that it's necessarily an imprecise exercise and that's one reason why justices thomas and scalia departed from the entire project because it's just not acceptable the principle that the only really looking here to see whether it shocks the


what do you think that if the this very short probable cause statement that you you would have to consider very brief if the information if it was supplemented with the


the basis for that opinion and as the committee notes and cases have said that rule is given teeth by rule thirty seven and rule thirty seven says without even the need for a motion by any


a conclusion that there was currently an emergency situation i think we just really wish more do what you're talking about though we have grandma saying my granddaughter called she's reported there's a fight it's really bad i really couldn't understand her very well


all and therefore the likelihood of change now with respect to the next step and each of these steps has to be greater than fifty percent and as an aggregate it has to be greater than fifty percent based on the standards that are set by the by the work on the next step the


part of the beginning of the court describing the various factors that it was that are including of course the seriousness of the offense described that the offense as one in its aggravated form


i mean what if i just asked somebody to use somebody his accountant you know i mean it could happen that seriously get him and the other person doesn't even know about it and i understand and here we know that this basement


yes and i will then address the spoliation issue because it could potentially go to the united states it would be in a different manner obviously because it would not be an a jury instruction would not go to the judge on the spoliation claim


so the person that deleted it st checked with all the case agents to make sure that they had copies of the contents and confirm that they did and deleted it now a t f standard procedure for handling videos is to record them


the trouble of colluding on something where an indictment could have been drawn up pretty quickly there's argument apparently reflects a belief that in order to


can essentially it kills you instantaneously or very shortly thereafter but how if it's so so your position is that you believe that the evidence show three that the likely took place


to put on evidence and or if you need rather they were given every opportunity that propagandize or present evidence that they felt necessary this is a jury trial process none of these alleged misconduct


it's the same language the same language that we have in this case and it is i think held the no coverage for claims stemming from defective construction and substandard mark mentioned


then if you have any questions or concern or thinks he may have to do something different moving or ground bar he's obligated to stop work consult with the supervisor reassess the hazards the employee had a good track record of doing that these are things that happen on a daily basis


or wanting premiums for all those employees and the and similarly situated but with all due respect to the district court they were because it was focused on the idea that we weren't claiming to get reimbursed were


areas doing construction work so if they were injured when they were on shore doing other work they may have been covered by the long term but that's beside the point we


that my time has expired but there are any other further questions


clarified thank you your honor so however when both witnesses who presented testimony that doesn't absolve the government from having to decide and having to


correct false testimony if we go all the way back to knapp who in that case that precise argument was raised by the government and rejected by the supreme court they said well walk across examination you've got countervailing negatives and so it was


to was consistent with the search warrant affidavit were a row that austin typically shredded dissenting gross reports austin states i've never shredded a document my life agent can is recall the stand and what he says it is in the


they characterized it see why a loan documents cover your ass loan documents to paper over the fraud and five rizieq expressed his plan to defraud austin which was if you ever finds out about it i'll try to trade the


the rest of my time for rebuttal oh well you may thank you for your argument mr cole will hear from you


but i thought he was the tasing continued after he was on the ground i don't believe the tasing continued after he was on the ground if it was it was just for officer runners to kneel down


that is exactly what mister dryly the day addressed in the boat rehab he took those medical findings and then said based on my experience i've treated to head injury


he's such a significant anoxic brain injury that it's a miracle this kid survived and so because of that he can take that medical finding and his interview with the


are two paragraphs here that i think are relevant paragraph three and paragraph thirty eight the complaint alleges that dough is a member of the satanic temple that's paragraph three and that she agrees with some of the tenets of that organization that's paragraph thirty eight


to survey islands both inside and outside and there they saw two people both entering an accident so you know from my standpoint i think a more accurate view


michigan or new york license particularly but rather to be able to ship one there however service sort of market has indicated that it would apply for a license if one was available


or resisting a condition of resisting or non communicative whether they know they if they will i can tell you is what they testified to what they saw which was it's described by one


sheriff there is that allegation but i submit that that is also moved because the the new ruler mandates that the circuit court conduct the kind of individualized inquiry that everybody agrees is necessary and


being subjected to taser usage and rolling as a result of that


and in all the years of that agreement was in place for the last thirty years tri state was the net beneficiary under the formula for measuring benefits and had to pay m p p about one million one hundred thousand dollars a year


consider it but you're saying that simply doesn't matter that now i'm saying that the way they're using it is consistent and permitted under the both those covered functions yes that's exactly right


obligation on a case by case basis we know that that language is drafted within the context of a legal principle that the parties are obligated to arbitrate in green matters that arose before the expiration of the contract


exercise that doesn't take anybody anywhere but i think the pertinent issue here is that the grievance was filed a lawsuit was filed to enjoying a part of implied contract


that we could say that the district court and its assumption with regard to that being discretionary or voluntary is wrong where would i look to for the site for that


example of something many employers regularly argue that they don't have to arbitrate something that does not allege a violation of the contract for instance they wouldn't be obligated to arbitrate that but something that were a violation the contract or alleged violation of a contract that is


conduct should ordinarily be assessed under the law that existed when the conduct took place as timeless and universal human appeal was the conduct that we're talking about your honors if you did the commission of a crime or the decision to go to


got together who said we have the greatest system in the world this jury system and these jurors on that day and we're having that exact conversation much better this is how long was a case in spain where someone was


the only one that i think think is potentially live although he has there's a whole inner layer of supervisory liability personal involvement and so on but that the secretary of corrections is responsible for all institutions so if he suffered


foot back in the district court so he can have his determination that he was a career offender reexamined by the person who was not subject to the mandatory minimum not subject subject zakk same penalties as


and it being meager purpose the fair housing act was just martin and he put it below to invalidate land use regulations that limit the ability of handicapped individuals to live in the residence of their choice in the community which is language from hobson's which in turn was called into the


nominal then the answer's no if the answer is is it a burden and the answer is a different inquiry totally different inquiry the other example of how i think that is test requirement affected


now we're not hearing you would


lewd to say the least and would make you want to look further might might in and independently if they were his statements but they weren't his statements it was something that


and to a point where we go up to thirty five million dollars and even north of thirty five million dollars to suggest that that was his purposeful subjective intent you suggesting that the law should be kept as if the amount of


more complicated your honor to undertake that analysis but i think it is certainly possible to do we will give the best bankers or economists who will come in and they will say what's the value of these assets uncomfort by these restrictions and what's the value of those assets


class wide basis so her claim even though the court hasn't reached the class or occasion issues she's serving as a class representative on behalf of everyone who was forced to make compulsory payments to the union prior to


chain of causation up that missler spine and knew about the agency of your requirement which she didn't but that the because there was an agency fee requirement for nonmembers a library employee thought membership was


environment rather than agency shop and again they need there may be some differences between these asses of people that precludes classification and there may be differences that require certification of discrete some classes


that does not create a question that can be decided to try because how do we disprove that it did we can get at this issue a different way can her says if you have some racist comments


and wife then the wife can come in and say look i'm a part owner of the house and i had no idea that my husband was involved in criminal activity you can forfeit my interest of the house and you cut a deal that's not what they did the way it's done has to be consistent with the law


garfinkel you're going around i think you're going around the question a little bit i understand why you're doing it but the payment only gets a mckesson after it goes through n p r s say right i mean you don't get you don't get money directly from


at least in the world that i once lived and normally get a fairness opinion either primitive vestment bank or perhaps accounting for but not normally from a trustee so and i recognize i used a shorthand


that was found there and collected yes well she apparently administered the fatal dose of heroin sitting on her bed and then fell when she went


a rank speculation where i said it was logical is logical only because the speculation arises from some testimony on the record but whether or not the test when the record is sufficient to support an inference


circumstances in a walk a tory appeal where the court of appeals may consider all there are issues including questions of article three standing that are that are say not within the the sort of primary


substance of the article three argument in griswold the article three argument as i understand it was that the l l c had dissolved and therefore did not exist to have standing it's just a question does this company exist does it not exist but the equitable stoppel question and they're turned


how do we put a limitation and set up a gate on these repeated requests to look at the same conviction over and over again so i just wanted to be very careful in terms of how what the test is that we put forth for


he should why and that's because st we've got


not applicable under this particular act there are other cases that if they toured st record office workers compensation programs substantial


he was not represented by counsel and they had the right to do it i'm i i don't want to get caught up in the decision to i think the decision to send him for an eye on the was this mischa's because again all the nurses looking at


but it's undisputed that even if wreckage is committed in this conduct through the safety claims or withdrawing the tablet product is undisputed there is no common evidence showing that that conduct injure all


where where reckitt seeks to challenge judge goldberg's decision that records increase in tablet price can be part of an overarching any competitive scheme under section two but let let me


isn't is there something extortionate or wrongful in a union saying i think this i think this company is right for pressure you know we can we can


that the president of the connecticut union specifically said in his deposition i asked him did you want to get in and tighten and conviction of course we did and you thought that would help your


put people in residence that they don't have anything to do with that risk by holding up necessary improvements the buildings it can trash the personal reputation of a business person it can do all those things and because it's in the


counter to what this court said in resorts international let me quote what you sad at the most literal level it is impossible for the bankruptcy debtors estate be affected by a


might be called banks represent exceptionalism in part but katz represented on the singular nature of bankruptcy jurisdiction next page it was seward generous bankruptcy clause unique among article one grants


claim let's say you get paid on that and yet if somebody has a claim against you then there's no offset well there there won't be any offset here in any of them and this is not my plan will not offset the


enrichment and they certainly don't amount to a rico violation and this is the only case in which that particular fraud claim has been asserted now the parties agree on two key points


stopped making residential based paints so its forty years ago was the last was the last contact at all that could be could be at all relevant here but the point being your honor and you've been the court recognizes this


asking so it sounded one hundred dollars the hypothetical i just gave you what is your client's injury it will have and it will have stopped they have they have withdrawn there is no further imminent threat of a lawsuit


and that's what this case is about is whether we get that opportunity and the courts that have looked at that have recognized we should get that opportunity as holmes county that city of columbus those are courts directly on


announcements lays and still trying to develop some kind of a product so the idea that it's still very much still very much fast tracked very much fast tracked as opposed to what oakwood had to go through well the allegation certainly is that


it interacts these tests and it really is not like other people well let me let me ask you just as a follow up the district court judge joyner in the army in his opinion said certainly in comparison


that have applied the unwilling or unable standard in the circuit and then on balance we have an interesting decision in matter of a p which was issued by the attorney general in a presidential decision which purports to heighten that


specific risk and this case there are certainly there is no country conditions evidence that suggests that anybody and hundreds has a fifty percent chance of torture with government acquiescence and there's also not evidence that any else


in some portions of the country in the electricity sector where there are two alternatives in those regions of the country where there are regulated prices and a free allocation to firms will get passed through to consumers and soften the blow initially but the problem is that


market so one of the ways to protect against that is a reserve price in an auction which makes and that is a standard feature of good modern auction design you are going to find it on ebay the next time you try to go auction something there and so it puts in a floor on the value of emission


technically recoverable oil and gas is located in areas that are already open for drilling according to the department of the interior ms solis mentioned that in her opening statement that even if we drilled everywhere in the united states we wouldn't have enough supply to impact prices or to help


basis for their planning as to what the efficiency of the vehicles that we drive should be mister caruso well of course that is obviously the prerogative of nhtsa but we are on the higher price path right now if you would ask me today what i would use i would use


you actually have a shortage of oil caused by something like a strike or an accident or weather using the spr at that time and not only ours but the product inventories in europe it makes a lot of sense doing it for price alone i think takes you down a path that


bears in the united states the timing of these two decisions leaves the door open for the administration to give big oil the rights to this polar bear habitat the moment before the protections for the polar bear


lose a polar bear or our potential for more oil and gas in this country but we have to do both in a way that is sensitive to the role that each plays in our society and secretary


mortality of the species of co coming out of the oil we burn and we drill going in the atmosphere heating the atmosphere melting the ice cap by the way someone said it is only a twenty percent reduction that is way way off could you explain


as putting dust into the atmosphere or sun shades in space do not solve the problem of ocean acidification because those solutions don't reduce carbon dioxide concentrations in the atmosphere


peril in two thousand and five millions in the u s and in the caribbean experienced firsthand and quite tragically how the ocean's heat engine can drive violent storms most dramatically of course hurricane katrina over two thousand lives were lost and


protecting marine wildlife and putting in place management plans for state and federal waters and preserving magnificent ocean places that we like to call yosemites undersea all of this work is vitally important but the most sweeping and devastating threat to the ocean is


out and even then that rate of change was probably not as fast as what we are seeing today and during that time period there were a lot of big changes that happened in the ocean that can be attributed to ocean acidification


water rather than from natural gas i am optimistic that that is a possible solution to part of the problem and of course the verdant hydrokinetic tide powered experiments that are going on in the east river in new york are very promising the last thing i want to say


to participate in the climate change convention in very unusual ways developing countries are already and have already done more than the sum total of countries


paper an exhaustive paper by a think tank in london open europe that shows why the european emissions trading scheme is not working i would point out that the preface to that


the white house council on environmental quality delivered a letter to the other delegates outlining a process of monthly meetings between now and july all over the world


lost i am not familiar with the current funding in other countries right now but in the past it has been roughly equivalent to the u s investment the other question you ask is what investments are needed to meet our energy and climate challenges now these


today when cafe was first passed in one thousand nine hundred and seventy five we saw a huge decrease in the percentage of imported oil well what has happened is that we passed cafe the percentage of imported oil has gone


ought to be working with general motors and chrysler and with ford to developing solutions rather than providing a forum for a representative of a japanese company now there are all kinds of solutions that are on the


basically the rule's intent is to recognize the reverse product mix that our car makers have across the globe not just in the u s and to really drive technologies across the board i think the previous approach you are talking about really did not drive technologies


government to start a small business and try to produce a product that the public will buy in my case it happened to be music it certainly is a long shot and it was my judgment or lack thereof that made some records that i made successful


though we were going up a percent and a half every single year in imported oil in our country we have gone up from forty six percent in one thousand nine hundred and ninety five to sixty one percent today in imported oil so it just seems to me that there is an inexorable increase


thank you mister congressman the battery is the single item that is the expensive and desirable thing on these vehicles the older battery systems had very


states now what would five thousand four hundred megawatts of wind mean in your country mister holm in terms of your automotive industry


if you have a lot of cars if you have two hundred million batteries parked most of the day you can take a lot of electricity that come from renewable sources especially wind wind is a great example because wind blows mostly at night so the perfect appliance that


conditions are there where i can deploy my new technology and sell it to consumers then things change more rapidly than anyone would have ever thought we have seen it happen over and over and over again with technology in american


program that will assist in the development and commercialization of clean alternative energies by systems that are providing up to forty two dollars billion in loan guarantees


their exchange rates and we have made this much progress and i would tell you that i think it is a mistake for the president to unilaterally declare what he is prepared to do prior


what we do with the regulatory system because ultimately we need to incent the billions of decisions that are made every day by american consumers and the businesses that serve them and dare i say government itself


allowed to charge a premium a surcharge to recover that investment and so encore basically stopped the one hundred and twenty five thousand homes and said look we have to go do this now and so then we will come back in boulder they are working on it and they have


the electric transmission grid as i said doesn't solve all the problems but everything we have talked about in terms of efficiency and clean energy can't happen without transmission and a stronger


discussion on clean energy and i would like to really have that in everybody's mind when they think about green energy and how we should be moving to get more power as our power needs in the world increase spar


planning and greenhouse gas emissions a recent national survey of one thousand likely voters found the following eighty eight percent feel that congestion relief is needed seventy six percent see cars roads and bridges as a benefit to


passed a resolution that was devoted to making sure all our community buildings are built at the highest level of sustainability we feel like our opportunity is to show the world that building a community smart


net producer of energy and reduce or recycle the water we are finding in communities across the country just as much concern about the rise


gas prices is the utility costs the line loss for electric power extension the costs for water and gas transmission are all going up i am curious if there


ipccs recommended estimate of fifty dollars per cost or fifty dollars per ton removed so i think if we focus on those things we can do a lot i don't agree respectfully that we have a land shortage in the


and going it is whatever is required for the permitting of that facility then there are operations and maintenance costs in addition to any of the capital items for the equipment that you need to purchase to move the materials around the chairman how commercially


institute for st century energy will testify that the two thousand and seven u n negotiations in bali and indonesia produced positive steps towards a new treaty in bali developing countries agreed to actions that were measurable reportable


forward to hearing from the witnesses and devising legislation and ideas that are based on the experience around the world good and bad so that we can meet this global climate change


and risk associated with extreme weather events we focus on heat waves the urban heat island effect and the relationship to reliable electricity delivery first allow me to present some driving factors behind our research and why i believe greater federal action needs to be taken to support state


seven five percent increase in precipitation and a six to twelve inch rise in sea level it is projected that these conditions will be even more pronounced by the year two thousand and eighty without proper planning and extensive adaptations


result we are discovering a lot more natural gas in the united states so if we used the natural gas as the base load and then we built our wind and solar around it as planned so that you still had the base load


implementing it with some success second deforestation you know that deforestation is the second largest sector in terms of co emissions around the world more than all the cars trucks planes trains and


has made a number of commitments at home first they have created one of the most impressive forest conservation programs in the world creating a series of parks in the amazon roughly equal to the size of the state of california second they developed a world class