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Who Is … Learned Hand?

March 23rd, 2009

Billings Learned Hand (1872 – 1961) was a federal judge for the United States District Court in the Southern District of New York and later was the Chief Justice of the Court of Appeals for the Second Circuit.  He was from a politically active family (historically Democrat) and a line of lawyers.  Judge Hand dropped his given name of Billings early in life saying it was too pretentious.  The judge was only passingly successful as a lawyer; it wasn’t until he was elevated to the level of federal judge that his critical thought, liberal bent and attitude of judicial restraint shone vibrantly.

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Issues: Abortion and Kathleen Sebelius

March 20th, 2009

President Obama nominated Govenor Kathleen Sebelius for Secretary of Health and Human Services as many expected he would.

One of the major, meritorious battles Gov Sebelius will face will focus on her view of abortion as an elected executive.  During her two terms as Kansas Governor, Mrs. Sebelius has vetoed some legislation such as HB 2503 (2005) and SB 389 (2008, Gov Sebelius’ comments) but she also signed a bill known as Alexa’s Law which allows for prosecution of people who commit violence against fetuses.

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Case: Pierce v. Society of Sisters – 268 U.S. 510

March 9th, 2009

Pierce1 was decided June 1, 1925 by a vote of 9-0.

Justice McReynolds delivered the unanimous opinion of the court.

Pierce’s decision reiterates the State’s right to require mandatory education of all children within certain age restrictions2 but upholds parents’ rights to choose the manner of the education as long as those choices fall within certain acceptable guidelines.3  The appeal was brought on “due process” grounds, making it a Fourteenth Amendment case.

I found this case while researching First Amendment cases but upon reading the syllabus and Justice McReynolds’ opinion I was confused as to why it was associated with First Amendment rights until I looked it up in The Oxford Companion to the Supreme Court (Amazon, B&N)

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Mortgage Modification Eligibility Requirements

March 4th, 2009

I tried accessing the U.S. Dept of Housing and Urban Development to directly reference the eligibility requirements but it is not responding reliably.  Because of this I’ll initially refer to the Reuters’ article wherein they report the requirements for eligibility.

Requirements for President Obama’s mortgage modification plan include:

  • Must demonstrate a lack of ability to pay current mortgage.  Borrower’s retirement accounts will NOT be factored into ability to pay metrics.
  • Must demonstrate a drop in income or increase in payment.  Every borrower seeking modification will be screened.
  • Borrowers seeking a modification do NOT need to be delinquent in order to qualify.
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Inaugural post

February 28th, 2009

This site will contain opinions and commentary on domestic and international laws and their impact.

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kevin Editorial