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... ... @@ -1,3 +1,0 @@ 1 -====Interpretation: Nuclear power is defined as:==== 2 -Legal Dictionary, xx-xx-xxxx, "Nuclear Power," TheFreeDictionary, http://legal-dictionary.thefreedictionary.com/Nuclear+Power 3 -A form of energy produced by an atomic reaction, capable of producing an alternative source of electrical power to that supplied by coal, gas, or oil. - EntryDate
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... ... @@ -1,9 +1,0 @@ 1 -Courts are barely declogged now – but that state requries extreme and careful management – along with very high levels of policy intervention 2 -Bates 14. Judge John Bates, 2015. Bates is a United States District Judge for the United States District Court for the District of Columbia, "Annual Report 2014," USCourts.gov, http://www.uscourts.gov/statistics-reports/annual-report-2014//AD 3 -It was a great privilege to be only the second judge to serve as Director in the 75-year history of the Administrative Office of the U.S. Courts (AO). As of January 2015, I relinquished my duties as Director to take on additional judicial duties at my court, the District Court for the District of Columbia. I return better informed about judicial administration and with a renewed appreciation for the excellence that exists in both the AO and the courts.I am grateful to the Chief Justice for placing his confidence in me, and I greatly appreciate the tremendous support I received from judges, and from court and AO staff. It may seem trite to say that I am proud of our success in keeping courthouse doors open and cases moving. However, it took great coordination and planning to begin the recovery from the severe funding reductions we endured during sequestration. In many ways, this rebuilding process was our greatest accomplishment in 2014.We were exceedingly fortunate that, when a funding bill finally was enacted, Congressional appropriators treated the Third Branch as a priority in both Fiscal Years 2014 and 2015. I believe that our cost containment efforts continue to demonstrate that we are serious about using taxpayer money prudently. We also have in place numerous broad accountability controls, ranging from audits and program reviews to required stewardship training for senior AO and court managers. Our strong commitment to the highest fiscal and ethical standards helps assure that the limited resources available are carefully managed and properly spent. Much of our cost-saving focus has been on court space. We have scoured our rent bills; courts have developed space management and reduction plans; and our integrated workplace initiative will enable courts to use space in a flexible and efficient manner. We also are reexamining staffing formulas, using less costly and easier ways to reach prospective jurors, and replacing our aging legacy accounting system with a new, centralized financial management system. As Director, I’ve had the opportunity to participate in conferences, advisory councils, workshops and other meetings involving judges and court staff from across the country. While I delivered news from Washington and the Administrative Office, I also absorbed a tremendous amount by listening and observing our courts in action. I learned that we are uniquely skilled problem solvers on both a local and national level. As one example, the District of Nevada developed an automated system for processing and managing vouchers submitted by lawyers appointed to represent indigents under the Criminal Justice Act. Through a collaborative effort, the system, known as eVoucher, is being adopted for national use and shared with courts throughout the country. On a broader scale, the national roll out of the Next Generation of our Case Management/Electronic Case Files System has begun in the courts of appeals. It will increase chambers’ and clerks’ office efficiency and, when fully implemented, will provide for a single sign-on for public users. Testing in district and bankruptcy courts will begin in 2015.The strength of the federal Judiciary lies in our ability to work together to confront the challenges that come our way. While I will remain a committed member of that team, it was a unique honor to serve in a leadership position as Director. The AO plays a central role in helping courts function smoothly. I benefitted greatly from Judge Tom Hogan’s fine work before me. I am also proud of what we have accomplished and know that Director Jim Duff, with his accomplished leadership skills, will continue the tradition of excellent public service. 4 -Judicial resources are overstretched but qualified immunity doctrine allows quick dismissal of frivolous suits – the plan would clog the courts 5 -Putnam and Ferris 92 (Charles Putnam, Senior Assistant Attorney General, Office of the New Hampshire Attorney General, J.D. 1985, University of Connecticut. Charles Ferris, J.D. 1992, Franklin Pierce Law Center, Concord, New Hampshire.)“DEFENDING A MALIGNED DEFENSE: THE POLICY BASES OF THE QUALIFIED IMMUNITY DEFENSE IN ACTIONS UNDER 42 U.S.C. § 1983” BRIDGEPORT LAW REVIEW QUINNIPIAC COLLEGE Volume 12 Number 3 Spring 1992 LADI 6 -A second policy consideration present in section 1983 litigation and furthered by the qualified immunity defense is the limiting of overdeterrence. Increasingly, courts are sensitive to the possibility that state and local government officials, because they are so often targets of section 1983 actions, are being improperly deterred in the performance of their duties.1 " The Supreme Court's absolute and qualified immunity decisions demonstrate its desire to reduce not only the incidence of official liability but the financially burdensome costs of defense, as well.14 National resources are obviously scarce, yet increasing numbers of section 1983 actions are being filed in overburdened federal courts. Reducing the load of these cases on the court system is a third essential policy consideration. Some courts have questioned whether the abundance of section 1983 cases in federal courts is an efficient use of judicial resources in light of the perception that many such actions are of questionable merit."6 The Supreme Court has thus encouraged the use of summary judgment where courts are faced with such cases. For instance, in Butz v. Economou, 7 the Court held: Insubstantial lawsuits can be quickly terminated by federal courts alert to the possibilities of artful pleading. Unless the complaint states a compensable claim for relief under the Federal Constitution, it should not survive a motion to dismiss. Moreover, the Court recognized in Scheuer that damages suits concerning constitutional violations need not proceed to trial, but can be terminated on a properly supported motion for summary judgment based on the defense of immunity.... In responding to such a motion, plaintiffs may not play dog in the manger; and firm application of the Federal Rules of Civil Procedure whichwill ensure that federal officials are not harassed by frivolous lawsuits.18 The courts' use of summary judgment and other procedural devices is thus an important safety measure for both the courts and defendants facing suit. Finally, because it creates a monetary damages action for constitutional violations, section 1983 may encourage plaintiffs' attorneys to push a number of constitutional provisions to their outer limits. The presence of further incentives, such as the availability of attorney's fees, creates an additional inducement to plaintiffs' lawyers who may read the Constitution too expansively. Such incentives tend to propagate constitutionally trivializing actions. The avoidance of these constitutionally unworthy cases is the fourth major objective of the qualified immunity defense in section 1983 litigation.'9 The Court voiced this concern in Baker v. McCollan.20 In Baker, the Court held that "section 1983 imposes liability for violations of rights protected by the Constitution, not for violations of duties of care arising out of tort law."'" To protect against such trivialization, the United States Supreme Court has established that merely negligent conduct does not implicate the Due Process Clause and is therefore not actionable under section 1983.2 7 -Court clog undermines just enforcement of laws – turns case by encouraging subjective application. 8 -Bannon 13. Alicia Bannon (serves as counsel for the Brennan Center’s Democracy Program, where her work focuses on judicial selection and promoting fair and impartial courts. Ms. Bannon also previously served as a Liman Fellow and Counsel in the Brennan Center’s Justice Program. J.D. from Yale Law School in 2007, where she was a Comments Editor of the Yale Law Journal). “Testimony: More Judges Needed in Federal Courts.” Brennan Center for Justice at NYU School of Law. September 10, 2013 RS 9 -The growing workload in district courts around the country negatively impacts judges’ ability to effectively dispense justice, particularly in complex and resource-intensive civil cases, where litigants do not enjoy the same “speedy trial” rights as criminal defendants. For example, the median time for civil cases to go from filing to trial has increased by more than 70 percent since 1992, from 15 months to more than two years (25.7 months). Older cases are also increasingly clogging district court dockets. Since 2000, cases that are more than three years old have made up an average of 12 percent of the district court civil docket, compared to an average of 7 percent from 1992-1999. For a small company in a contract dispute or a family targeted by consumer fraud, these kind of delays often mean financial uncertainty and unfilled plans, putting lives on hold as cases wind through the court system. All too often, justice delayed in these circumstances can mean justice denied. These patterns of delay are starkly reflected in the districts for which additional judgeships are recommended, many of which lag behind the national average in key metrics. In the Eastern District of California, for example, the median time for civil cases to go from filing to trial is almost four years (46.4 months). This district would receive six additional permanent judgeships and one additional temporary judgeship under the Act. In the Middle District of Florida, over 23 percent of the civil docket is more than three years old. This district would receive five additional permanent judgeships and one additional temporary judgeship under the Act. The federal courts are a linchpin of our democracy, protecting individual rights from government overreach, providing a forum for resolving individual and commercial disputes, and supervising the fair enforcement of criminal laws. In order for judges to perform their jobs effectively, however, they must have manageable workloads. The Brennan Center urges Congress to promptly pass the Federal Judgeship Act of 2013, so as to ensure the continued vitality of our federal courts. - EntryDate
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... ... @@ -1,11 +1,0 @@ 1 -The BLM movement is gaining more credibility right now – polls prove. However, the “alt-right” movement is also starting to gain credibility – passing small scale reform would kill BLM and help Trump and white supremacists. 2 -Page and Shedrofsky October 31st 2016 Susan Page is the Washington Bureau chief of USA TODAY, covering her 9th presidential campaign (and still trying to get it right). She's interviewed the past 8 presidents and reported from 5 continents. Newsroom Intern USA TODAY June 2016 – Present (6 months)Washington D.C. Metro Area • Work on mobile team, USA TODAY’s most viewed platform, reaching 35 million people monthly. Contribute to “5 things you need to know” column, the top story on the USA TODAY newsfeed daily. • Regularly write for Health section on trending issues impacting our society today, including suicide, smoking and non-conventional healthcare. Broke the story on acquittal in Freddie Gray case and filmed a ‘Facebook Live’ video, with reach of more than 1 million. "Poll: How Millennials view BLM and the alt-right," USA TODAY, http://www.usatoday.com/story/news/politics/onpolitics/2016/10/31/poll-millennials-black-lives-matter-alt-right/92999936///roman 3 -Most Millennials have a positive view of the Black Lives Matter movement, a USA TODAY/Rock the Vote Millennial Poll finds, but attitudes are more mixed about the less well-known alt-right. In the survey of Americans 18 to 34 years old, 58 say they have a favorable opinion about Black Lives Matter, an activist movement that grew from protests over the shooting deaths of unarmed African Americans. Among blacks, an overwhelming 81 have a favorable view, including 50 who are "very favorable." Just 14 of blacks have an unfavorable opinion. Whites have a positive impression of the movement by 53-39, Hispanics by 64-31, and Asian Americans by 54-40. "Black lives matter, especially with everything that's going on in the news and police brutality," Daniel Palomar, 21, of Chino Hill, Calif., said in a follow-up phone interview. "Even though I do support police, too, I do support Black Lives Matter." David Clausi, 32, of Huntington Beach, Calif. disagrees. "I believe all lives matter, so I don't really support that group of what they stand for, because everybody matters in this country and not only one race." The online poll of 1,299 young adults, including an over-sample of minorities, was taken Oct. 21-24 by Ipsos Public Affairs. The survey has a credibility interval, akin to a margin of error, of plus or minus 3.5 percentage points. The alt-right movement, which includes groups on the far right, has gained attention recently because of the support for Donald Trump by some white supremacists and anti-Semites. But it is much less well-known among Millennials. Nearly half of those surveyed, 45, say they don't know enough about the alt-right to have an opinion of it, compared with just 8 who say that of Black Lives Matter. Among those who express an opinion, 34 say they have a favorable opinion of the alt-right, 21 an unfavorable one. Among whites, the favorable-unfavorable divide is 33-19. Among African Americans, it is 31-27. Among Hispanics, 46-23. Among Asian Americans, 37-23. "I don't see much about the alt-right but what I have seen is positive," says Samuel Watkins, 19, of Lima, Ohio. "I feel like they're getting a good message across." "I think they're a little radical," says Anatasia Van Ryck Degroot, 21, a student from Hoboken, N.J. She called the movement "out of touch with society right now with their super-conservative values." 4 -Even favorable rulings kill civil rights movements 5 -McDonnell 97 Brett McDonnell, Law clerk – US Ninth Circuit Court of Appeals, 1997 (“Dynamic Statutory Interpretations and Sluggish Social Movements,” 85 Calif. L. Rev. 919)roman 6 -Parts V and VI summed up this analysis in a simple model and applied it to the events surrounding the Civil Rights Act of 1991 and the current situation. Even when the Court is more receptive to civil rights groups than Congress, activists may face a tradeoff between short-term gains from using the Court and a longer-run weakening of the movement if they thereby fail to keep up political pressure at the grassroots level. When, as now, the Court is more hostile to civil rights than Congress, not only do activists in court risk a short-term loss, but that loss will be compounded as the Court helps shape public opinion in a more conservative direction. I have focused on racial politics, but the argument can be generalized to other contexts. It might well apply to other movements focused on civil rights~-~-feminist groups and lesbian, gay, and bisexual groups, for instance. It might also be interesting to apply the method of analysis developed in this Comment to the environmental movement. My framework would seem to apply less well to areas of the law that do not involve potential collective action by large-scale social movements. Finally, even in the racial context, I have avoided major relevant questions. Throughout this Comment, I have assumed that the ultimate goal is to achieve desirable statements of the law. Presumably, though, *954 the ultimate goal is to achieve racial justice, which will involve improving the political, social, and economic position of blacks and other racial minorities. Good laws may not meet that end for at least two reasons. First, laws must be implemented. One critique of court-based strategies has been that even if courts come through with sympathetic decisions, courts are not good at implementing general social policy on their own. n156 Second, for some problems, better laws, or even better government policy generally, may not be the answer, or at least not the whole answer. To the extent that these points are true, they will affect the strategies discussed in this Comment. Civil rights organizers will notice that gains in court may not translate into substantial social gains. So long as activism thereafter continues to focus on courts, supporters will lose interest, and political pressure for change will decline. Persons who care about civil rights in the U.S. must thus ask what has gone wrong politically, socially, and economically since the highs of the sixties. Activists must constantly ask what kind of individual and collective action is best suited to reaching the goal of a racially egalitarian society. 7 -BLM set out a policy platform filled with reform that matters more than the aff. Trade off outweighs – vote negative to solve the aff 8 -Chan 2016 Melissa Chan (simplified Chinese: 陈嘉韵; traditional Chinese: 陳嘉韻; pinyin: Chén Jiāyùn; Cantonese Yale: Chàn Gāwahn, June 2, 1980)1 is an American broadcast journalist, who is currently a freelancer. "Black Lives Matter Releases First List of Demands," TIME. August 1st, 2016. Accessed: 11/4/16. http://time.com/4433679/black-lives-matter-platform-demands///roman 9 -More than 60 groups that are part of the Black Lives Matter Movement teamed up to release the agenda, which included six demands related to police and criminal justice reform as well as 40 recommendations on how to address them, the Associated Pressreports. “We seek radical transformation, not reactionary reform,” Michaela Brown, a spokeswoman for Baltimore Bloc, one of the group’s partner organizations, said in a statement to TIME. “As the 2016 election continues, this platform provides us with a way to intervene with an agenda that resists state and corporate power, an opportunity to implement policies that truly value the safety and humanity of black lives, and an overall means to hold elected leaders accountable.” In one demand, the coalition calls for “community control,” in which they say residents in neighborhoods “most harmed by destructive policing” should have the power to hire and fire police officers and dole out discipline in cases of misconduct related to excessive and deadly force. In another, the groups demand “an end to the criminalization, incarceration, and killing of our people,” which includes abolishing capital punishment and eliminating the use of past criminal histories to determine eligibility for jobs and other services. “Until we achieve a world where cages are no longer used against our people, we demand an immediate change in conditions and an end to public jails, detention centers, youth facilities and prisons as we know them,” the agenda says. The groups also demand protection and increased funding for black institutions like historically black colleges and “social formations.” The lengthy policy comes almost two years after white former police officer Darren Wilson shot and killed unarmed black teenager Michael Brown in Ferguson, Mo. The fatal shooting sparked weeks of sometimes violent protests and debates about the nature of the relationship between police and black people. 10 - 11 -analytic - EntryDate
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