Businesses up in arms over employee gun law Jun 26, 2008
"There is a rational basis for this," said Jonathan Glogau, who represented Florida Attorney General Bill McCollum during Wednesday's arguments. "The Legislature decided that people should be able to have these weapons in their cars to defend themselves.". (Daytona Beach News Journal)
County Commission adjusts assessment fees Jun 18, 2008
David Van Parys, county counselor, said the commission could choose to charge the vacant lots the fee if they could provide some rational basis for the decision. Auvil said he did not wish to raise the fee by 2. (Leavenworth Times, KS)
Judge sees equal rights for gays, lesbians Jun 16, 2008
That court found no rational basis for continuing to deny marital status to gay and lesbian couples, but did not address the overall issue of discriminatory laws. The California court's treatment of anti-gay bias as akin to race or sex discrimination "will have, I think, vast consequences, not only in California but in other states," whose courts often follow California's lead, George said. (San Francisco Chronicle)
My Big Fat Sexless Marriage Violet Blue demands a solution Jun 12, 2008
What the New York Times article didn't mention is that there's a rational basis for 'just doing it. You don't have to be 'in the mood' to have sex. (San Francisco Chronicle -- Science)
Straight arrows find it hard to survive Gold Dome May 28, 2008
While I still see no rational basis for the existence of a PSC, I will have to concede that Ms. Speir fulfills the behavior standard that would be necessary to make a government agency an honorable entity. A firm journalistic rule is that if the article is negative about a democrat or favorable about a republican, the party affiliation is always omitted. (Atlanta Journal-Constitution -- Opinion)
Strategy to stave off oil crisis May 26, 2008
Business Daily from THE HINDU group of publications Monday, May 26, 2008. India has somehow weathered the previous oil shocks, but the current one poses the worst threat yet to its economy. (Hindu Business Line)
Court backs raw milk standard May 24, 2008
HOLLISTER -- A Superior Court judge said Friday that the state had a rational basis for creating legislation that imposes a higher safety standard for California's two raw milk producers. The two dairy operators -- Organic Pastures of Fresno County and Claravale Farms of San Benito County -- are battling to try to stop the state from enforcing the law that took effect last year, saying it will put them out of business. (Fresno Bee)
Less Perfect Unions May 24, 2008
But two U.S. Supreme Court decisions bring to the fore the question of whether the U.S. Constitution, when the rights of homosexuals are at issue, requires the same kind of probing rational basis test one that looks at the full scheme of laws related to the purported governmental interest required by Vermont ... This is a statement of the amendment s failure to pass the rational basis test ... The court did not defer to the governmental interests Colorado claimed the law served respect for other... (The American Conservative)
9th Circuit Deals Blow to Military's 'Don't Ask, Don't Tell' Policy May 22, 2008
The rational basis test is on a losing streak. Less than a week after the California Supreme Court declined to use that analysis in arriving at , the 9th U.S. Circuit Court of Appeals rejected rational basis in ... Under Lawrence, the 9th Circuit said Wednesday, "Don't Ask" must be subjected to something more stringent than the rational basis test. (Law.com)
Polk County files response in same-sex marriage case May 22, 2008
It said the witnesses should be allowed because their testimony is something the Legislature could believe as part of arguments to preserve procreative marriage, which it called "a rational basis for the (Iowa) law.". The county attorney's office said Lambda Legal also tried to assert that the county's arguments are simply based on morals. (Sioux City Journal, IO)
Calif. court legalizes gay marriage May 16, 2008
"After San Francisco decided to allow same-sex weddings in 2004, the California Supreme Court intervened and ordered the city to stop issuing licenses to gay couples.The court later invalidated the documents and declined to address the constitutionality of a state ban on same-sex marriage until lower courts acted.Gay rights lawyers won an early victory in the dispute when a San Francisco trial judge decided in 2005 that gays should be permitted to wed.An appeals court later overturned that... (Boston Globe)
Magisterial Conviction May 16, 2008
The legal difference between the two opinions lies in the so-called "rational basis" review used by the Massachusetts court and the "strict scrutiny" deployed by the California Court ... Rational basis review is so lenient that it almost always results in the validation of state policies (in this sense, the 2003 Massachusetts ruling was an aberration), while strict scrutiny is so stringent that it almost always results in the invalidation of such policies. (Slate)
Rezoning request shot down May 14, 2008
State law allows cities to down-zone a property if the owner does not have a vested interest in it yet and if the city has a rational basis for the reclassification, City Attorney Tim Underwood said. But Mayor Danny Leverette said the rezoning request undermined the work of the Planning Commission and the Board of Mayor and Aldermen. (Columbia Daily Herald, TN)
Age legislation was fixed on Venugopal: Supreme Court May 10, 2008
The Bench said: It is impossible to ignore the force in the submission of Arun Jaitley, senior counsel for the writ petitioner, that a person is being singled out for premature termination without any question of his being justifiably treated as a member of a separate and distinct class on any rational basis. It was contended by Mr. Jaitley that in reality there is no legislation in respect of any class but there is legislation in respect of an individual. (Hindu)
Ruling on a part of Nevada's sex offender law appealed to Supreme Court May 8, 2008
Voy held that a law section dealing with sex offender registration for juvenile offenders violates constitutional due process guarantees because it lacks a rational basis for extending the requirement to 14-year-olds but not to someone who may be younger but more dangerous. Call us at 322-4444. (KRNV.com, NV)
ISRAELS GIFT TO THE WORLD May 4, 2008
Moreover, the intensity of the enmity directed against the Mideast's only democracy is unexplainable on any rational basis. It is remarkable indeed that a democratic nation born in response to a decision of the United Nations should still not be accepted by so many nations, groups and individuals. (New York Post -- Opinions)
Investors still lack trust in the market May 4, 2008
That does not mean the Bank of England is wrong now, but a striking feature of the Bank's report is the contrast between its puzzlement that the prices of asset-backed securities are far lower than they should be on any rational basis, and the comments of market contacts that despite this professional investors and lenders don't want to play. Buyers should return to markets, the Bank says. (Times Online)
Moving toward greater communication Apr 17, 2008
The revisions say there must be an articulable and significant threat to trigger the exception, but that if, given the facts at the time, administrators can show a "rational basis" for acting, then the department will not trump the decision of the moment with its own, after the fact. Crime will remain crime, regardless of technology. (Ames Daily Tribune, IA)
COAH regulations discriminate Apr 17, 2008
Like its 2004 predecessor's proposal of one affordable housing unit for every 25 jobs, this conclusion is unsupported by satisfactory data and is without a rational basis. It is clear that the proposed "growth share" formula is based on a telephone survey conducted by a COAH consultant, which resulted in a "new" calculated ratio between square footage and jobs. (NJ.com -- Times)
• Virginia Tech served as warning on campus privacy Apr 16, 2008
In such cases, the proposed regulations would say that if there is a "rational basis" for making the disclosure, the department will not "substitute its judgment" about the decision, signaling that universities would not be subject to penalties. Privacy advocates and mental health experts counter that students may hesitate to seek help if they think their parents or college officials will be notified. (FOX59, IN)
Science, faith and religion Apr 10, 2008
wrote on Apr 9, 2008 9:35 AM:" ...come on over to Jimmys latest blog to witness an outpouring of posts attempting to discredit Francis Collins with claims that he is not a "real" scientist just because he comes to different conclusions. Some people just CAN'T STAND it when people disagree with them. They become infuriated when anyone dares to allege a rational basis for their faith. The fact these debates even occur goes to show what many people have always known: faith and reason are not... (La Crosse Tribune, WI)
Who says drinking lots of water is healthy? Apr 8, 2008
Goldfarb also said there is no rational basis for the widespread belief that people need to drink eight glasses of water a day, and it is unclear where this recommendation came from. (Agencies). (Xinhua)
Science wishy-washy on health benefits of water Apr 3, 2008
Goldfarb also said there is no rational basis for the widespread belief that people need to drink eight glasses of water a day, and it is unclear where this recommendation came from. Copyright 2008 Reuters. (MSNBC -- Health)
Six pillars can be used as a way to solve most ethical dilemmas Mar 26, 2008
Even if there is a rational basis for my decision, does my inner voice still sense it is the right thing to do. When faced with a difficult decision, test the ethics of your possible decision against my six pillars. (Houston Business Journal, TX)
15 comments Mar 26, 2008
" EVERY investor who has any brains at all argues this. You don't make any money by buying-high and selling-low. In fact, you don't make any money buying stocks whose prices already take in to account the potential for future growth, you buy assets that are underpriced at present. The present drop in the market is one of the best times to buy in years. When skittish and irrational investors (the "day-traders,") are yanking their money out of the market for no good reason, assets are underpriced.... (Human Events Online)
Private to a fault Mar 25, 2008
If there's a "rational basis" for worrying about a student, the Education Department will not "substitute its judgment" about the decision to release material from a student's file. That's telling college officials that they won't be second guessed. (Yahoo News)
Racial Divide Mar 20, 2008
Blaming white America for spreading AIDS to the black community is not only racist, but hateful, precisely because it lacks any rational basis. It s because he doesn t want to lose the black vote, one longtime Democrat told me this morning, explaining that Obama s speech had convinced her to vote for McCain if Hillary Clinton is not the nominee. (Fox News)
Government Sets Out to Ban Fun in Arizona Mar 20, 2008
Under today's weak "rational basis" standard, courts validate virtually any abridgement of economic liberty, no matter how tenuous the connection to even a minor public purpose ... Under today's weak "rational basis" standard, courts validate virtually any abridgement of economic liberty, no matter how tenuous the connection to even a minor public purpose. (Townhall.com)
Drought eases, water wars persist Mar 18, 2008
"Ideally, you would get people that have a vested interest in a river basin to just come to the table on a rational basis and try to work things out.". Areas where disputes are swirling. (USA Today)
The Debate Resumes Mar 16, 2008
"Most extremist views about climate change have little or no scientific basis. The rational basis for extremist views on global warming may be desire for political action." Dr. Gerd-Rainer Weber ... German Meteorologist Dr. Gerd-Rainer Weber: "Most of the extremist views about climate change have little or no scientific basis. The rational basis for extremist views about global warming may be a desire to push for political action on global warming.". (EcoWorld.com)
Lessons from the Skeptics Conference Mar 5, 2008
How does this overwhelming consensus provide a rational basis to turn our economies upside-down in order to cut CO2 emissions. Posted by Jeff Martin. (New York Times)
Hillary Is Right Feb 28, 2008
When it comes to Hillary Clinton, there s no doubt that, whether it s the first or second question, her response is likely to be subject to strict scrutiny, which, as we say in the law, tends to be strict in theory and fatal in fact, while her opponent gets judged by a sort of rational basis test that means if there's any conceivable version of what he's saying that makes sense, he gets a pass. And a pillow, as she joked in the debate Tuesday night, to make sure he's comfortable, although when... (Fox News)
Voyage to Southern Ocean aims to study air-sea fluxes of greenhouse gases Feb 27, 2008
" ### The scientists will be available for satellite-phone interviews, and will feed a daily blog to the expeditions website: http://so-gasex.org. INFORMATION FOR JOURNALISTS: The ships daily blog at will include pictures, video and audio. Email contacts before cruise and at sea: David Ho: Christopher Sabine For more contacts and information, including satellite telephone interviews from sea: Kevin Krajick, The Earth Institute, Columbia University. office 212- 854-9729 mobile 917-361-7766 The... (EurekAlert!)
Court upholds deadline for ELL action Feb 24, 2008
Still, the law s reliance on providing schools with additional English Language Learning funding based on costs to implement new state-approved instruction models could provide a rational basis for funding, the decision added. Currently, the state provides schools with supplemental per-student funding for ELL programs in amounts that critics contend are severely inadequate. (Douglas Daily Dispatch, AZ)
SeaLife was good deal for ex-aide to Stevens Feb 11, 2008
In the 46-minute interview, Schrock cited Seward's "Waterfront Development Plan" 15 times as the rational basis for the SeaLife Center's decision to buy the Arcade property. It was the plan, not a command by a Senate aide or signal from a lobbyist, that he was following, he said. (Anchorage Daily News)
Presidential Pardon Feb 2, 2008
On this issue, McCain is as much as conviction politician as Tom Tancredo except that he ardently believes conservative concerns about uncontrolled immigration have no rational basis. In fact, McCain treats those who disagree with him as ignoramuses at best, racists and xenophobes at worst. (The American Conservative)
A legacy of division Jan 23, 2008
Justices William Rehnquist, Byron White and Anthony Kennedy said they would allow restrictions on abortion, but only if the restrictions had a rational basis. More important, the three conservative justices said a compelling government interest need not be required to justify restrictions on abortion. (CNN -- US)
Fair fundingHas Scotland become the land of the free - at the UK's expense? Jan 21, 2008
He says money is not distributed according to need: "Edinburgh gets its trams. Manchester doesn't get its tram extension. The money flies over Manchester into Scotland on no rational basis.". Even Lord Barnett, who was Chief Secretary to the Treasury in 1978 when the formula was introduced, believes the formula should be scrapped. (BBC News -- UK)
Page Mill Properties sues East Palo Alto over rent control ordinance Jan 18, 2008
The suit alleges that the City Council's action was "arbitrary and capricious, lacking in rational basis, and contrary to law.". The lawsuit further contends that the ordinance should be rescinded because Councilman Ruben Abrica signed a lease for one of the affected apartments and therefore "has a personal financial interest in the decision to freeze rents," Page Mill said. (San Jose Business Journal)
Was the vote on Christianity necessary? Dec 29, 2007
Kenneth Krause to BrianGSmith wrote on Dec 28, 2007 4:32 PM:" I never said I had historical proof.I said I had historical evidence. There is a difference. For starters, there is Old Testament Prophecy. There are also historic eyewitness accounts from people who would have no reason to be untruthful. Then there are the martyrs. Some men would die for what they believe. No one would die for what they know to be a lie. The martyrs would have been in a position to KNOW if the Resurrection was a... (La Crosse Tribune, WI)
Mich. AG: Only Legal Residents Can Drive Dec 28, 2007
But Cox said "there can be no doubt that a rational basis exists for denying driver's licenses to illegal aliens.". Cox cited national security concerns, but the American Civil Liberties Union of Michigan contends his opinion could actually make the state less secure. (Newsmax)
Judge strikes down entire smoking ban Dec 24, 2007
"To hold one out as important above the other is simply not a rational basis for exemption. Thus, the court find that the exemption ... is unconstitutional as it is a violation of the equal protection clause of the Kentucky Constitution.". Poynter said will have to "revisit the entire issue as a comprehensive ban" because as it stands, the ordinance still excludes Churchill Downs from the ban. (Louisville Business First, KY)
Ruling may stall opening of biolab Dec 14, 2007
The state's 2004 approval "lacked a rational basis because the evaluation of the 'worst case' scenario was significantly incomplete," the high court justices said. The original review analyzed the potential escape of only one pathogen, anthrax, which, while deadly, cannot be transmitted person to person. (Boston Globe)
Letters for Saturday, December 8, 2007 Dec 8, 2007
Eliminating the sentence will not cure the propensity of some councilmembers to prefer secrecy and control over open and honest dialogue with the public and with each other in public, but it will provide a rational basis for future discussions. Horace StoesselKapaa. (Lihue Garden Island, HA)
MLB's advanced media arm pulls in profits Dec 6, 2007
"We take what's already great content, called a baseball game, and we try to present it on every device as best as possible and in as high a quality as we can in an economically rational basis," Bowman said. "If you look at what we're proudest of, it's our (site) traffic.". (USA Today -- Tech)
Staring down the barrel Dec 2, 2007
The government can regulate some rights if it can show that it has a "rational basis" for regulation. So if the Second Amendment does create an individual right, perhaps the government can overcome that right whenever it has a good reason for doing so - as, for example, by banning those with criminal records from getting handguns, or by requiring gun-owners to keep their guns in secure places at home. (Boston Globe)
Construction of Palomar Pomerado hospital begins Dec 2, 2007
wrote on Dec 1, 2007 10:32 PM:" The ERTC is failing as a viable location for a 32-acre medical campus. The soil reports indicate that much of the 32-acre site contains rock fill, apparently in violation of the City's Fill Ordinance (EMC Section 33-1059. Fills.) To fully remedy the fill problem, PPH may need to spend an estimated $30 million. PPH does not have $30 million, absent further budget cuts to the Pomerado Hospital expansion. Alternatively, PPH may need to ask the City for a waiver of... (North County Times)
New seismic vessel will look deep under oceans Nov 13, 2007
From global climate change to earthquakes, volcanoes, nonrenewable resources, environmental hazards and beyond, Observatory scientists provide a rational basis for the difficult choices facing humankind in the planet's stewardship. For more information, visit. (EurekAlert! -- Business News)
Controlling Malaria Through Better Knowledge Of Genetics Of Plasmodium Populations Nov 9, 2007
20, 2007) Scientists have constructed a chaperon interaction network for the parasite which provides, for the first time, a rational basis for the antimalarial effect of known drugs and highlights new proteins. (Sep. (Science Daily)
No more smoking at Kentucky Derby Nov 6, 2007
To hold one out as important above the other, is simply not a rational basis for exemption. . (MSNBC -- Sports)
Churchill Downs must enforce smoking ban Nov 6, 2007
"To hold one out as important above the other, is simply not a rational basis for exemption.". Louisville's metro council passed the ban to keep smoking out of all public places except for Churchill Downs and any tobacco manufacturer that conducts research and development for tobacco products on site. (SportsIllustrated.CNN -- More)
A dry election day Nov 6, 2007
The ban on the sale of liquor, wine and full-strength beer in restaurants and bars while polls are open on Election Day is one of several liquor laws McCoy says have no rational basis. Polls in many counties don't close until 8 p.m. Utah has some of the most restrictive liquor laws in the nation. (Pocatello Idaho State Journal, ID)
Alpine Amtrak targeted Nov 2, 2007
Wulff blasted Sununu and Coburn saying, "[The amendment] kills the long-distance train network and doesn't even use a rational basis (like revenue-to-cost ratio or loss per passenger-mile)."Of course, the network is so skeletal that removing just about any individual route would have significant harmful network impacts. "Sununu's amendment to Senate Bill 294 was defeated by a vote of 66-28 (six senators not voting). To see vote, click on:... (Alpine Avalanche, TX)
Nov. 8 execution of convicted killer Davis called off Nov 1, 2007
"The Court finds no rational basis for granting a stay of execution for Jones and denying the same for Davis. Accordingly, the Court finds that Davis's motion should be granted," Webber said. Gabe Holmstrom, a spokesman for McDaniel, noted in announcing that the office would not appeal Wright's ruling that the U.S. Supreme Court stayed a Mississippi execution with an hour to spare on Tuesday. (Pine Bluff Commercial, AR)
Court Urged to Enter Spurned Spouse Case Oct 26, 2007
"There is simply no rational basis for state sanctioned punishment of intimate association between consenting adults," Goza said in a filing asking the court to block payment until it decides whether to grant Fitch's appeal. . (Atlanta Journal-Constitution -- World)
Attorney General says parts of Benton County Budget Act are 'Unconstitutional' Oct 25, 2007
In Cooper s opinion, the provision, in regards to any county board or governing body, is unconstitutional because it contradicts other Tennessee Code Annoted (TCA) and is not supported by rational basis ... Cooper stated that no rational basis for suspending this law could be found ... According to Cooper both Sections in question contradict the general law of State and have no rational basis for signaling out Benton County officials for strict criminal liability. (Camden Chronicle, TN)
More of this story Oct 25, 2007
Aerties Vice President Tom Shigemoto told council he was happy to see the percent reduced, but said there was no rational basis for it. He said he knew 40 percent would not work and 30 percent is high even with incentives. (Lihue Garden Island, HA)
Legislator goes to jail on DUI rap Oct 18, 2007
He hoped to talk with him about the incident later "on a much more rational basis.". Say said he was with Karamatsu at a reception Monday night, but he declined to provide further details, including who else was in attendance and who sponsored the event. (Honolulu Star-Bulletin)
Arbitration Award Against Thelen Reid Is Upheld Oct 13, 2007
Ruffino's discussion of these issues "established a rational basis for the arbitrator's award," the judge said ... But Fried said Ruffino also had a rational basis for awarding attorney fees, in part because Thelen Reid also had requested them in its answer to Goldberg's demand for arbitration. (Law.com)
In Ukraine, fiery Tymoshenko revives Orange hopes Oct 9, 2007
"There is a rational basis for Yushchenko and Tymoshenko to cooperate in the long term, to revive the stalled Orange agenda" of making sweeping market reforms and bringing Ukraine closer to the European Union and NATO, says Oleksandr Sushko, an analyst with the independent Institute for Euro-Atlantic Integration in Kiev. "This is a moment in which many things that have been on hold might become possible again.". (Christian Science Monitor)
Amendment would hike pay for some N.O. area law enforcement Oct 8, 2007
From a legal standpoint, if this passes, I don t know a rational basis for the state not doing the same thing as last time. With the passage of this amendment, a total of 44 full-time law-enforcement officers with the New Orleans groups would be added to the rolls, costing the state approximately $275,400 per year. (WWLTV.com, LA)
The Next Step in the Surge Oct 4, 2007
A rational basis for skepticism about the surge remains, of course. What if Iraq's sectarian politicians don't exploit the enhanced security created by our military and fail to advance Sunni-Shiite reconciliation. (Human Events Online)
Bonus plan for Massachusetts pension fund workers is OK'd Oct 3, 2007
Maybe there's a rational basis for doing it. But there are other problems with the system we see on almost a daily basis, and we can't get them addressed. (Boston Globe)
Court says domestic partners entitled to property tax breaks Oct 3, 2007
"The exclusion for registered domestic partners is not palpably arbitrary and is supported by a rational basis," Presiding Justice Arthur Scotland wrote in a decision that was supported by Justices Rod Davis and Harry Hull. Proposition 13, approved by voters in 1978, capped property taxes at 1 percent of a piece of land or building's full cash value while allowing annual adjustments in that value of up to 2 percent to account for inflation. (Fresno Bee -- State)
Lis on Law: 'Get Out of Jail Free' for Murder Oct 2, 2007
We need a sane and rational basis for what is essentially a temporary insanity defense and not a license to kill. Sources. (Fox News)
