IN MY LIBRARY: DAVID FEIGE Aug 31, 2008
His characters are sharply drawn, and the plot, as legal fiction goes, is fairly plausible. If you want to read about law for fun, this is escapist legal reading at its best. (New York Post -- Opinions)
US setback over rendition 'poster child' Aug 20, 2008
But one of the three judges dissented, describing as "a legal fiction" the idea that Arar was not in this country when he was apprehended at Kennedy. That judge, Robert D Sack, a Clinton appointee, said that Arar's case should continue because Arar "was, in effect, abducted while attempting to transit at JFK Airport". (Asia Times Online)
Knocked out by the title fight Aug 16, 2008
THE resources boom has spawned a series of high-profile deals between mining companies and traditional owners, creating the impression that - 15 years after a gardener called Eddie Koiki Mabo successfully challenged the legal fiction of terra nullius in the Torres Strait - native title is alive and well. The Martu people, traditional owners in Western Australia's Western Desert, this year negotiated jobs and 10 per cent equity in Reward Minerals in return for allowing the company to mine potash... (Sydney Morning Herald -- Australia)
A victory only until the next time Jul 16, 2008
The Federal Court has shown how our freedom of speech rests upon a convoluted legal fiction. There is little doubt the NSW Parliament meant to allow the Iemma Government to make the World Youth Day anti-annoyance regulation. (Sydney Morning Herald -- Opinion)
U.S. court dismisses Canadian's rendition suit Jul 1, 2008
In an occasionally scathing dissent, one judge, Robert Sack, said Arar's suit should have been able to proceed because the argument that he was never really in the United States was "a legal fiction.". Today in Americas. (International Herald Tribune)
What the court should say on BCE Jun 25, 2008
Canadian corporate law, perhaps too simply, tells officers (the chief executive officer, chief financial officer and so on) and directors to act "in the corporation's interests." But a corporation is an artificial person--a legal fiction. What are its "interests". (National Post)
COLUMN: Right-wing Republicans' claim to contrary, they're embracing 'Big Brother' Jun 21, 2008
" That's another legal fiction created by the Bush administration to advance its fascist powers. Many of the people rounded up as "enemy combatants" were not captured on a battlefield, but were turned over for a bounty by warlords or personal enemies. Someday, we may find out just how many innocent people we have imprisoned indefinitely, tortured and murdered to make the ape look good. ". what wrote on Jun 20, 2008 7:41 PM:" The founding fathers had a vision of a Democratic Republic which... (Mattoon Journal-Gazette, IL)
Supreme Court rules for justice Jun 13, 2008
06/13/08 00:00:00 The Bush administration's legal fictions at Guantnamo finally have come undone ... The Supreme Court blew away that legal fiction Thursday. (Fresno Bee)
The wisdom of Solomon May 29, 2008
The only distinction between that case and that of the adoptive parents is the legal fiction of adoption. Surrogate motherhood comes in two forms. (International Herald Tribune -- Ed/Op)
Eritrea says U.N. border force not legal Apr 20, 2008
Ethiopia calls the November decision "legal fiction". Analysts say the U.N. extension was pushed through because of fears of a renewed conflict between the two neighbours. (AlertNet)
Is the GOP Relevant? The Readers Respond Mar 25, 2008
Beastie Boy wonders "How many failures can we stand??? Peter, thank you for reminding me as to how far we have strayed from our principles under the auspices of King George II." Parenthetically, Beastie Boy cited my passage about judges and astutely inquires why the legal fiction of absolute immunity still exists. If there is anything so damningly unconstitutional is that judges and prosecutors remain immune from accountability. (Townhall.com)
Opinion: Tyranny of a 'reasonable' gun ban Mar 18, 2008
Rights, not legal fiction, should sway DC v. Heller ... In constitutional law, a reasonable person is a judge or legislator who, as a legal fiction, pretends to see through the eyes of another and, in view of the facts of a particular situation, endeavors to remove every unnecessary human trait and unworkable idea, as a balancing test. (Christian Science Monitor)
ARDC: Former Coles asst. prosecutor may be disbarred Mar 15, 2008
85CHSGrad wrote on Mar 14, 2008 5:44 PM:" I do believe the State's Atty's Office was trying to hide the fact all the way around! Why did it take so long to get this story printed? And probably wouldn't have, had I not started posting it in the comments of the Abernathy article! Please review the evidence they have against Abernathy and his meth charge. I see no considerable evidence in that case at all. "Constructive Possession"? Constructive possession is a legal fiction to describe a situation... (Mattoon Journal-Gazette, IL)
Jewish group slams Ms. magazine for rejecting ad Jan 16, 2008
Gordon said the magazine's contention that the ad was politically partisan was "a legal fiction. . . . to cover their bias.". The director of the Jewish organization's Commission for Women's Empowerment, Harriet Kurlander, said the Ms. article about Livni did not provide an excuse for rejecting the ad. (Boston Globe)
* Is there such a thing as a communist party without communism? Dec 14, 2007
This party will be centralized under personal leadership and will reduce the state to a legal fiction. Preaching nationalism, its managers will believe in their universal competence, as opposed to KGB-style professionalism and corporatism. (Taipei Times, Taiwan -- World)
GOP Presidential Candidates Woo 'Values Voters' Oct 20, 2007
Brownback called Roe v. Wade a "legal fiction" that leaves "two victims: one who is wounded and one who is dead.". He said Roe must be overturned and cited legal challenges to Roe and the associated case, Doe v. Bolton by the very plaintiffs who originally brought the landmark abortion cases under pseudonyms. (Fox News)
Read all about it! New book blog Aug 28, 2007
He basically writes Christian legal fiction that could give John Grisham a run for his money. So far he has tackled missionaries in Saudi Arabia (in Directed Verdict), abortion and embryonic stem cell research (in Irreparable Harm), child abuse (in Dying Declaration), self-defense murder (in Self Incrimination), holiday observances (in Judge Who Stole Christmas - I haven t yet read this one), reality TV, comparative religions, and cryptology (in Cross Examination of Oliver Finney), and... (Atlanta Journal-Constitution)
Danville surgeon sent to prison Aug 19, 2007
SAN FRANCISCO / Oral surgeon going to prison for tax fraud. " The defense attorney had urged Illston to sentence the doctor to no more than six months, "given his short life expectancy. (San Francisco Chronicle -- Crime)
Are you an MSC provider? By Rebecca Benneyworth Jul 31, 2007
Merely setting an individual up as a limited company and providing access to contracts for service which are in fact legal fiction, does not mean that a firm is an MSC provider. Selling tax investigation insurance will not bring a firm within the scope of this legislation; as an inducement to use their service, an MSC or MSCP guarantees to make good tax losses if an HMRC investigation goes against the individual, which is entirely different. (Accounting Web, UK)
2nd Circuit Rejects Gun Sentence Outside Guidelines Range Jun 7, 2007
Judge Calabresi wrote in his concurrence that "I am not ... comfortable with, and cannot join, the broad language of the majority that denies the possibility of any consideration of geographic factors and that relies on the, to me false, dichotomy between individual culpability and factors that are 'not unique or personal to a particular defendant,' United States v. Rattoballi, 452 F.3d 127 (2d Cir. 2006). That line seems to me to be based more on a legal fiction rather than on any behavioral... (Law.com)
Price: Canada & Occupation of Japan May 29, 2007
24] At the same time, however, Norman remarked that MacArthur's view that in Congress were "centered the hopes and aspirations and faith of the entire human race," was somewhat "overpowering for those who do not believe that the United States Constitution represents the final consummation of all human wisdom." Norman praised the speech for its austerity of language since "most of the General MacArthur's pronunciamentos in Japan were so bestrewn with purple passages and so ponderous in syntax... (Zmag.org)
A Sully serve for sullied media, law reformers Mar 30, 2007
Here's a few of his slices about the rotten press: "The media, as we know, react with savage vindictiveness to any attempt to apply to them those standards of transparency and accountability that they are insistent on applying to other people The media are not a constitutional arm of government To suggest that [they are] is legal fiction, a political subversion and a moral absurdity. The media are major money-making cartels. They are not knights in shining armour. Their agenda is power. Their... (Sydney Morning Herald -- Opinion)
Sweeping Up in Somalia Jan 5, 2007
The TFG, whose contribution to its own salvation has been humiliatingly negligible, wants to cut some sort of a deal with perceived moderate elements within the ICU lest the phantasmal interim government be exposed for what I have documented in a previous column that it is in fact: a legal fiction imposed on Somalis by the international community with the connivance of a gaggle of self-serving native rent seekers (what else does one call a "government" of ninety ministers with no one to govern.... (Ocnus.net)
Dodging 'sham' trusts| Dec 22, 2006
Like a corporation, a trust is a kind of 'legal fiction' which takes on many of the rights and attributes of a person. The most basic definition of a trust is the holding of real or personal property for the benefit of the persons for whom the trust was created. (iAfrica.com)
How much say for stepparent? Dec 14, 2006
As a non-cusodial dad that remarried and had a stepchild and a biological child with my now wife as well, I have to say that while your viewpoint might match the legal fiction of joint custody and fairness in the courts, the reality is far different. It is still almost impossible for fathers to get custody of their children. (Atlanta Journal-Constitution)
Clooney joins Grisham in Moral Movies Inc Dec 10, 2006
Although Grisham has not ruled out writing more legal fiction, which earned him more than 40m a year during the 1990s, he is said to be more interested in writing about baseball. BREAKING NEWS. (The Sunday Times)
'Bargain' with business is a sellout Nov 26, 2006
There was no bargaining between the people's representatives and this legal fiction until the Supreme Court granted corporations the status of a legal person under the 14th Amendment. How disheartening that Frank plans to use his newly won chairmanship of the House Financial Services Committee for business as usual. (Boston Globe -- Editorial)
Judge issues contempt penalty in lesbian child custody case Nov 19, 2006
"It bears emphasis that this case is not the typical custody battle between two parents. ... There is only one biological or adoptive parent involved in this litigation _ Lisa. Janet's claim to parental rights and responsiblities over (Isabella) is a legal fiction.". Jenkins disputes that contention. (WCAX.com, VT)
Casey for Senate: Santorum exemplifies the worst of Washington Oct 22, 2006
Doug Walgren 16 years ago for moving to Washington, D.C. The hypocrisy got worse when Mr. Santorum, the alleged champion of taxpayers, stuck the public for the bill to educate his children in a cyber school when his residence in Penn Hills is just a legal fiction. As much as there is wrong about Rick Santorum, there is much right about Bob Casey. (Pittsburgh Post-Gazette, PA)
Smith eyes return to Savona Oct 13, 2006
t the age of 13, he was tried as an adult, a legal fiction, as he was not an adult. BetzJitomir said Smith's crime was errible and severe, but that should not determine whether he should be released. (Corning Leader, NY)
Given a green light, same-sex R.I. couples plan Mass. weddings Oct 2, 2006
" He added that the state would not recognize one until authorized by a local court or the General Assembly.But opponents of same-sex marriage, including the Diocese of Providence , are hoping the ruling will spur Rhode Island to pass a law defining marriage as a union of a man and a woman. ``This ruling has create d a legal fiction," said the Rev. Bernard A. Healey , director of the diocese's office of governmental liaison. This is a wake-up call that we need to be more vigilant in promoting... (Boston Globe)
State cleared to seizedrug houses Oct 2, 2006
"Civil forfeiture provides a unique remedy used as a measure to combat organised crime. It rests on the legal fiction that the property and not the owner has contravened the law. It does not require a conviction or even a criminal charge against the owner.". The State seized the property under Chapter 6 of the Prevention of Organised Crime Act, rather than Chapter 5. (iAfrica.com)
Authorities Arrest 19 in Phony Marriage Scheme Sep 9, 2006
What IS a problem is people marrying as a legal fiction for the sole benefit of getting that legal resident status. I can't see any way to handle that except the way they already are, since I wouldn't want to penalize anyone who really did fall in love with someone. (ABC 7 News, DC)
Migration bill creates tears, division Aug 22, 2006
Under the bill, Australia will attempt to distance itself from asylum seekers who reach its shores, by creating a legal fiction. Once someone applies for refugee status on Australian soil, it will no longer be considered Australian soil -- instead, the applicant will be shipped off to processing facilities on the independent island of Nauru, where they will not have access to the provisions of the Australian legal system. (Jakarta Post, Indonesia -- Editorial)
The FBI's Upgrade That Wasn't Aug 19, 2006
Daniel Guttman, a fellow at Johns Hopkins University who specializes in government contracting law, said: "This case just shows the government doesn't have a clue. Yet the legal fiction is that the government knows what it's doing and is capable of taking charge. The contractors are taking advantage of that legal fiction.". In the end, the FBI's failure to police the contractors would lead to disastrous results. (Ocnus.net)
Not everyone sees San Pedro River as a glass half full Aug 15, 2006
Silver believes the Upper San Pedro area should be categorized federally as an active management and conservation area, and that ADWR s past decision not to declare the Upper San Pedro as such was based on politics and a legal fiction in the state s statutory interpretation. Silver believes the state s adherence to this legal fiction that groundwater and a river s surface flow, such as that of the San Pedro, bear no interconnection is in disregard of a higher, federal court s rejection of such a... (Sierra Vista Herald, AZ)
Leading article Aug 14, 2006
The UN resolution relies heavily on the assertion of Lebanese sovereignty; but that seems little more than a legal fiction. There will be no real chance of peace, therefore, unless Unifil disarms Hezbollah. (TimesOnline)
Hundreds of Mexican Miners Fired for Striking Aug 10, 2006
The closure was a legal fiction. In the days that followed, mine managers began soliciting applications from workers for jobs when the mine reopens. (Ocnus.net)
Candidates decry 'pup companies' that offer insurance in Florida Aug 9, 2006
"They have this fiction they create -- a legal fiction that we can make illegal -- that they will set up this separate Florida corporation which then gives them then the opportunity to go to the appointed insurance commissioner and say, 'Look at the horrible losses we've had' ... completely ignoring the fact that their national parent has been making billions and billions and billions.". "It's ludicrous," said Crist, who is currently Florida's attorney general and vying with state Chief... (Herald-Tribune)
The court and clean air Jul 11, 2006
But it will no longer be able to hide behind a legal fiction. . (International Herald Tribune)
N.S. Sunday shopping ban challenged Jul 6, 2006
There has always been a legal fiction at work in the legislation, which is that if you divide these stores up into compartments (as Pete's has done), you cease to be a grocery story, said Mr. Dexter. On anybody's definition of fairness, that's simply not fair. (Globe and Mail)
Catholic Church Fears Abortion Lawsuits Jun 30, 2006
"Civil unions are a legal fiction, two people who promise each other nothing, who promise nothing to their children nor to the state but want the same rights as marriage." He said gay marriage was "absolute nothingness.". Italy's new centre-left government plans to grant certain legal rights for unmarried couples, including gay ones, but Catholic members of Italy's Prime Minister Romano Prodi's coalition have blocked any move to recognizing gay marriage. (Newsmax)
Call for no-consent euthanasia Jun 8, 2006
"Clinicians who starve severely incompetent patients to death are not deemed by law to have killed them actively, even if they begin the process by the removal of feeding tubes. The legal fiction that such starvation is not active killing is no more than clumsy judicial camouflage of the euthanasia that is actually occurring.". His concern, he says, is not only with patients who are in a permanent vegetative state and therefore feel nothing at all. (Guardian Unlimited)
The End of Legal Bribery May 23, 2006
Legalized bribery Campaign finance laws are built on a legal fiction. To wit: Electoral donations are considered within the law even though they are actually bribes at root. (Ocnus.net)
Corporate McSocial Responsibility May 6, 2006
Nothing so elegant takes place in the world of CSR, where the legal fiction of corporate personhood is elevated to the realm of fact. The corporation is not only a citizen but is also a powerful political participant who must justify his legitimacy with reference to another abstraction, a social responsibility. (Townhall.com)
The Church's financial worth Apr 22, 2006
Today's Globe Opinion Magazine Education Science NECN Special reports Obituaries (Boston Globe -- Editorial)
Troubles Far From Over In Ryan Trial Mar 29, 2006
Its what we call a legal fiction. Its what theyre told to do, but not necessarily what really happens, Miller said. (CBS2Chicago.com, IL)
Low vermin in high places Jan 26, 2006
The theory that the Indian Constitution is a written document is a legal fiction ... The theory that the Indian Constitution is a written document is a legal fiction. (News Today)
QUOTE OF THE DAY Jan 19, 2006
Hard to believe, but Legal Fiction turns 2 today. Two years ago today, I stormed into the blogosphere with. (Blawg)
