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Archive for October, 2004

(Benedict) Arnold Schwarzenegger

October 6th, 2004 by Timothy

This is a week old, but The Govenator has signed a bill banning the production and sale of foie gras in California.

Animal rights groups called the signing a major victory for the ducks and geese.

A major victory for the ducks and geese? Since when are ducks and geese part of the electorate? Why on Earth did he sign this? I guess it “only” puts one guy out of business. Congratulations, Gov, you just took away that man’s living because some wackos think making food out of ducks is cruel. Way to really stand up for the importance of entrepreneurship.

Stubbs snubbed in federal court

October 5th, 2004 by danimal

Brian Stubbs’ lawsuit against the Oregon University System and the state Board of Higher Education for not allowing him to carry a concealed weapon on campus has been flushed from federal court.

US District Judge Aiken ruled that Stubbs had failed to state a claim upon which relief could be granted, known as a Rule 12(b)(6) dismissal.

From a cursory glance at the opinion, the hitch for Stubbs is that the policy was never actually enforced against him — he has yet to be cited or prosecuted for carrying a concealed weapon. Thus, he’s suffered no injury and therefore has no claim. “Plaintiff’s claims are dismissed for failure to present a justiciable ‘case or controversy.'”

In federal court, Stubbs was alleging the state had deprived him of federally protected civil rights. The court’s refusal to consider whether OUS’s policy violates civil rights before the policy is actually enforced is an example of self-imposed prudential restraint. Courts will refrain from questioning a majority-determined legislative act (or its subsidiary regulations and policies) unless and until an individual can demonstrate actual infringement of rights. Stubbs couldn’t demonstrate that; he had voluntarily complied with the policy.

The decision left open the possibility that Stubbs could continue his crusade in state court (or anywhere else he cared to), ruling only that he had failed to raise a federal claim and didn’t belong in federal court.

UPDATE: I just heard about this today, but it turns out the opinion came out way back on June 29. This may be the longest lag time ever for scooping the Ol’ Dirty.

For Shit Sake

October 4th, 2004 by Timothy

Howard Dean comes to campus and I’m the only one who blogs it? I couldn’t have been there, come on people, where the hell are you?

Explosions Are Awesome

October 1st, 2004 by Timothy

YAR! THAR SHE BLOWS! This isn’t anywhere close to the 1980 explosion, and no stubborn old man was killed, but that’s still pretty cool. Blog has more.