emfizz.com
emfizz.com September 22, 2017


Justice Kennedy gives no hint of retirment

26 June 2017, 03:54 | Gladys Abbott

The siblings owned two adjacent lots; their cabin was on one of the lots.

The Fifth Amendment of the U.S. Constitution has a provision called the Takings Clause, which says that private property can not be taken for public use without fair compensation.

Gabe Roth is executive director of Fix the Courts, a national nonprofit that advocates for a more open and accountable U.S. Supreme Court.

The Department of Justice (DOJ) and Microsoft's legal battle over data stored on foreign servers has escalated slightly this week, with the former bringing the issue to the US Supreme Court.

The long-running case began in December 2013 when a NY district court judge issued a warrant asking Microsoft to produce all emails and private information associated with a certain account (believed to belong to a drug trafficker) hosted by Microsoft.

"We are disappointed the court did not recognize the fundamental unfairness to the Murrs of having their separate properties combined, simply to avoid the protection of the Takings Clause", Groen said. He said the property as a whole remains valuable and the family could not claim they expected to sell or develop lots that were regulated before they acquired them.

The decision did not provide the clear guidance many in the development industry had hoped it would.

The Supreme Court has previously held that there is a regulatory taking if the government prevents all economically viable use of a piece of property, University of California at Irvine law dean Erwin Chemerinsky explained in a preview of the case. "Accordingly, we conclude they have not alleged a compensable taking as a matter of law", the per curiam appeals court ruling states.

"It declined to limit the parcel in an artificial manner or to limit what constitutes property interests to those established by state laws".

To resolve the case, Kennedy relied on a multi-factor test that includes state and local laws, the reasonable expectations of the landowners, the physical characteristics of the property, and the effect of the regulation on the land's value. But critics point out that he rarely writes major opinions for the court because his views rarely align with the majority.

Foo Fighters Glastonbury Performance Streaming Online
Glastonbury concludes Sunday with performances by Ed Sheeran, Biffy Clyro, former Bee Gee Barry Gibb, and Justice. Grohl then played the first half of the song solo, before being joined by the rest of the band for the rest.


Hedge fund star Dan Loeb bets $3.5 billion on Nestle
The Nestle position adds to a recent push into Europe for Loeb, who's better known for his campaigns in the US and Japan. According to Sanaford Bernstein analyst Andrew Wood, ongoing "minor" shifts in Nestle's portfolio should be expected.


Traders Buy Coca-Cola Company (The) (KO) on Weakness Following Insider Selling
It turned negative, as 76 investors sold KO shares while 623 reduced holdings. 45 funds opened positions while 83 raised stakes. Evanston Investments Inc. dba Evanston Advisors increased its position in Coca-Cola Company (The) by 6.4% in the third quarter.


The Murrs' parents transferred both lots to them in 1994 and 1995.

At this point, all this remains conjecture and rumor, since the only person who knows for sure is Justice Kennedy himself. For the Murrs, that analysis concluded they owned a single parcel that retained plenty of value.

A three-judge court in Washington, D.C., had earlier upheld the restrictions.

The United States government has appealed to the Supreme Court there in a case involving usa law enforcement's efforts to gain access to emails held on Microsoft servers in Dublin.

In July 2016 it looked like Microsoft had won in front of the 3 judge panel, but the U.S. government did not let the case lie and appealed to the full 8 judge panel. The regulations barred building on any lot smaller than one acre of land. But government officials - imposing regulations enacted after both parcels were purchased - have forbidden them from selling or making any productive use of the vacant investment parcel.

The Murrs eventually chose to sell the vacant lot.

The 5-3 ruling involved the family's effort to sell part of its land along the scenic St. Croix River.

Chief Justice John Roberts filed a dissenting opinion, joined by Justices Clarence Thomas and Samuel Alito.

"The panel majority's decision does not serve any serious, legitimate, or substantial privacy interest", judge José Cabranes wrote in dissent.

In many cases, including the Wisconsin case before the Supreme Court, the proportion of Republicans or Democrats in office may differ significantly from the actual number of voters from either party in each district.



Other News

Trending Now

Jury deadlocked in Bill Cosby sexual assault trial
Well, the jurors have to figure out which - if any - of the three counts of aggravated indecent sexual assault Cosby is guilty of. The jury in comedian Bill Cosby's sexual assault case is deadlocked, with the jurors saying they are unable to reach a decision.

60 tower blocks fail cladding safety tests after Grenfell Tower blaze
UK Prime Minister Theresa May has week apologized for the authorities' "failure" in the initial aftermath and promised more help. She said: "We are all scared, we are disrupted, we don't know how we are going to cope, cook, wash or anything at the moment".

India arrests 15 for celebrating Pakistan's cricket win
Afridi called for an improvement in the structure, pitches, umpiring and equipment moving forward. The team also had success in the T20 format, taking home the World T20 title in 2009.

The Scramble: Bill Cosby, Russian Cyberwarfare, Cuba
The judge also advised them they were under no obligation to talk to reporters or give interviews. Be Civil - It's OK to have a difference in opinion but there's no need to be a jerk.

3 people, including 2 children, killed in Mississauga crash
Police tell CP24 that a 40-year-old male driving a Mazda 6 lost control of his vehicle for unknown reasons. Winston Churchill Boulevard is closed between the QEW and North Sheridan Way as police investigate.

NDA Kerala Unit urges MLAs and MPs to vote for Kovind
Aware of its chances in the July 17 presidential election, the Opposition now views it as an ideological battle. The counting of votes will take place on July 20. "Kovindji knew my family and my father (late Sonelal Patel)".

Cosby Planning Townhalls to Discuss Avoiding Sexual Assault Allegations: Spokesperson
Like most things Shonda Rhimes creates, her idea for a "town hall" to support sexual assault survivors knocks it out of the park. Let's be clear: he's not coaching anyone on how to prevent sexual assault, only on how to avoid being blamed for it.

Boeing, United Airlines Announce Order for 100 737 MAX 10s
The new 737 MAX 10 will add to that legacy, providing United with another in a long line of highly successful aircraft. Boeing has a test version of the 737 Max 9 on display at LeBourget airport north of Paris , which hosts the air show.

Nine dead and dozens missing as tourist boat capsizes in Colombian reservoir
This weekend is a long one - Monday is a national holiday - and the area was packed with revelers, The Associated Press reported. Survivors told local media that the boat seemed to be overloaded, and that numerous passengers had not been wearing life vests.

Ohio gas prices rise but stay lower than national average
AAA says consumers have been benefiting from low prices at the pump because of strong oil production and low demand for gas. Pete and Clearwater areas are seeing the lowest prices, while West Palm Beach has the highest prices.