Warm Southern Breeze

"… there is no such thing as nothing."

Posts Tagged ‘legal’

A Better Argument For Alabama #ALpolitics To Legalize, Regulate & Tax Marijuana

Posted by Warm Southern Breeze on Saturday, February 27, 2016

Recently, on February 23, 2016, AL.com published an OpEd entitled “Would legalizing cannabis solve Alabama’s budget problems?” written by Reggie C. Pulliam, whom was identified as “a resident of Gulf Shores who has worked on public policy and criminal justice reform in Washington, D.C.”

I found his Op-Ed unconvincing because it’s poorly written.

The Colorado Department of Revenue reported that for December 2015 (State of Colorado Marijuana Taxes, Licenses, and Fees Transfers and Distribution December 2015 Sales Reported in January 2016), Total All Marijuana Taxes, Licenses, and Fees was $13,247,434.

The year-to-date increase was $4,689,293.

Based upon the December figure, on an annualized basis, that’s $158,969,208… which is not exactly chump change.
(See “Alabama Senate Approves Shifting $100 Million Away From Schools” published September 15, 2015.)

Linked here is the Colorado Department of Revenue’s Colorado Marijuana Tax Data.

Figuring into the state cost : benefit analysis & calculations also is a decrease in costs associated with Read the rest of this entry »

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#ALpolitics @GovernorBentley’s Forbidden Love – Part 4

Posted by Warm Southern Breeze on Sunday, September 13, 2015

Forbidden Love

Robert Bentley’s Secret Love Affair – Part 4

By Donald V. Watkins
©Copyrighted and Published (via Facebook) on September 13, 2015
Used with permission

State of the Union

The state of Alabama is flat broke.
The Legislature is in the midst of the Second Special Session
that was called to pass a
General Fund budget for 2015-2016,
having failed the task during both the
Regular Session
and the
First Special Session.

Alabama Speaker of the House Mike Hubbard, (R, 79, Lee County/Auburn) is indicted on 23 state Felony Ethics Violation charges, which he earlier championed and helped pass, though he now claims they're "unconstitutional."

Mugshot, Alabama Speaker of the House Mike Hubbard, (R, 79, Lee County-Auburn) is indicted on 23 state Felony Ethics Violation charges, changes to the law which he championed, and with the legislature, helped pass in 2010, though he now claims they’re “unconstitutional,” and “vague.”

Alabama has been named one of the most corrupt states in America by researchers at Harvard University.

Mike Hubbard, Alabama’s speaker of the house, is currently Read the rest of this entry »

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Criticizing the President: This one’s on Obama

Posted by Warm Southern Breeze on Monday, May 20, 2013

This OpEd is probably some of the best, and most genuinely warranted criticism of President Obama which I’ve yet read.

As late former president Theodore Roosevelt wrote:
“The President is merely the most important among a large number of public servants. He should be supported or opposed exactly to the degree which is warranted by his good conduct or bad conduct, his efficiency or inefficiency in rendering loyal, able, and disinterested service to the nation as a whole. Therefore it is absolutely necessary that there should be full liberty to tell the truth about his acts, and this means that it is exactly necessary to blame him when he does wrong as to praise him when he does right. Any other attitude in an American citizen is both base and servile. To announce that there must be no criticism of the president, or that we are to stand by the president, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public.* Nothing but the truth should be spoken about him or any one else. But it is even more important to tell the truth, pleasant or unpleasant, about him than about any one else.”

-Theodore Roosevelt’s OpEd Column entitled “Sedition, A Free Press and Personal Rule” published May 7, 1918 in the Kansas City Star

*Roosevelt’s sharp criticism of President Wilson‘s leadership during World War I led the Post Office to warn that the Star that such views might cost the paper its second-class mailing privileges.

Obama A Big Hypocrite? Ask Legal Schnauzer, Roger Shuler

By (about the author)     Permalink
Life Arts 5/18/2013 at 22:24:54

My guest today is Legal Schnauzer, Roger Shuler. Welcome back to OpEdNews, Roger. 

JB: Your recent piece The President Paints Himself Into An Ethical Corner By Voicing Outrage Over Evolving Scandal At The IRS  is pretty scathing. What’s got you so upset?

RS: In early January 2009, just a few days before he took office, President-Elect Obama said he intended to “look forward, as opposed to looking backwards” on apparent crimes under the Bush administration. As president, Obama seems to have followed through on that pledge because his Justice Department has failed to review political prosecutions such as the one involving former Governor Don Siegelman in Alabama, where I live.

Political prosecutions, of course, were just of one of many improper acts on the justice front during the Bush years–torture, warrantless wiretapping, firings of U.S. attorneys were among the others. In essence, Obama issued a decree that no one would be held accountable for those acts.

Obama’s “look forward” statement made no sense at the time, and it makes even less sense now, coming after he expressed outrage the other day over disclosures about the IRS targeting conservative groups for political reasons. Obama said in a news conference that he would not “tolerate” such actions, that wrongdoers must be held “accountable,” and the problem must be “fixed.”

But his inaction toward the DOJ shows that he will tolerate the targeting of political opponents, that he will not hold individuals accountable for such actions, and he will not take steps to fix the problem. Obama was uttering empty words at his press conference about the IRS. Many of us expect that from a Republican chief executive; we should demand better from a Democrat.

JBFor readers unfamiliar with the Siegelman case, Roger, can you give us a brief overview of what happened and why anyone outside of Alabama should care? It didn’t happen under Obama’s watch so how can he be blamed?

RS: Don Siegelman was a Democratic governor in a deep-red state, a state where Karl Rove has a strong power base. Siegelman accepted a campaign donation from a businessman named Richard Scrushy, and then appointed Scrushy to a health-care regulatory board–a board on which Scrushy had served under three previous governors.

The standard for a bribery conviction in the campaign-donation context is that the prosecution must prove an “explicit agreement” in a something-for-something deal (known in legalese as a “quid pro quo.”) No evidence at trial pointed to such an unlawful deal, and the federal judge presiding over the case (a George W. Bush appointee named Mark Fuller) gave incorrect jury instructions that did not include the “explicit agreement” requirement. He allowed the jury to Read the rest of this entry »

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Alabama State House Committee OKs Home Brew Bill

Posted by Warm Southern Breeze on Wednesday, February 20, 2013

Finally!

Little by little, in some regard, Alabama is moving into the 21st century.

House committee approves bill that would legalize home brewing of beer

By Mike Cason | mcason@al.com
February 20, 2013 at 5:35 PM

MONTGOMERY, Alabama — The House Economic Development and Tourism Committee today approved a bill that would allow those 21 and older to make home brewed beer, wine, mead and cider for personal use.

Rep. Mac McCutcheon, R-Huntsville. (Robin Conn/The Huntsville Times)

Rep. Mac McCutcheon, R-Huntsville. (Robin Conn/The Huntsville Times

The bill, by Rep. Mac McCutcheon, R-Huntsville, would limit the total production to 15 gallons every three months.

The committee approved the bill after a public hearing, putting it in position for consideration by the House of Representatives.

Several home brewing enthusiasts spoke in favor of the bill.

Jason Sledd of Huntsville told the committee he took up home brewing as a hobby last year.

“At the time, I had no idea what I was doing was illegal in the state of Alabama,” Sledd said.

Sledd said he learned home brewing was illegal after joining a home brewers club.

Rep. Berry Forte, D-Eufaula, said he was opposed to the use of alcohol because of what it had done to some family members. He asked Sledd whether he brewed beer in front of his children.

Sledd said he did, and said he was teaching them the responsible way to use alcohol.

“They will have years of experience of seeing an adult drink alcohol and not being intoxicated,” Sledd said.

Joe Godfrey, executive director of ALCAP, Read the rest of this entry »

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Supreme Court Chief Justice John Roberts Blasts Congressional Budget Impasse: Condemns “Fiscal Cliff”

Posted by Warm Southern Breeze on Monday, December 31, 2012

This is the complete text of the Supreme Court’s Year-End Report on the Federal Judiciary.

The document itself is available as a PDF document via: http://www.supremecourt.gov/publicinfo/year-end/2012year-endreport.pdf

Page breaks and page numbers are annotated at the bottom of the page enumerated beginning with page 2.

Note: The links provided in this version are NOT part of the original version.

EMBARGOED until 6 p.m. E.S.T. December 31, 2012 (No wires, no broadcasts, no Internet until 6 p.m. E.S.T.)

For further information, contact the Public Information Office 202-479-3211

2012 Year-End Report on the Federal Judiciary

Imagine a young seaman, two hundred years ago, standing night watch at the rail of an American frigate. Just one generation removed from the war for independence, he finds his Nation once again squaring off in battle with Great Britain, the world’s preeminent sea power. The sailor has ample reason to be anxious. Britain’s Royal Navy includes 115 ships of the line and 126 frigates, while the United States Navy consists of only 17 vessels. Perhaps the seaman musters confidence from the name of his ship: USS Constitution.

Named by President Washington himself, the Constitution was one of six frigates Congress authorized in 1794 to bolster the fledging United States Navy. The name was apt. The ship’s designer, Joshua Humphreys, drew on venerable Old World principles and New World ingenuity to engineer a nautical vessel uniquely suited to the country’s needs. Like the Framers, Humphreys produced an American original. He fashioned a ship long on keel but tight of beam. Constructed from frontier timber and copper bolts

forged by Paul Revere, the Constitution was durable but economical, nimble yet powerful. Christened with a bottle of madeira—the favorite beverage of future Chief Justice John Marshall— she launched on October 21, 1797.

During her early years, the Constitution patrolled the eastern seaboard and saw action in the Caribbean and along the Barbary Coast. But she became the stuff of legends two hundred years ago, at the outbreak of the War of 1812. Called into battle off the coast of Nova Scotia on August 19, the Constitution engaged and decisively defeated the British warship HMS Guerriere. The American ship’s sturdy oak hull repelled the Guerriere’s 18-pound cannon balls, earning her the nickname “Old Ironsides.” Four months later, the Constitution repeated the feat off the coast of Brazil. On December 29, she traded broadsides with HMS Java and reduced the British ship to an unsalvageable wreck.

The War of 1812 was fought over a wide field of battle. Measured against the whole war effort, the Constitution’s unexpected victories did not play a decisive role in the outcome of the conflict. But facing long odds, she did her part and did it well. The triumphs of Old Ironsides boosted America’s sagging morale during the early days of the war. Her exploits were celebrated in the paintings of Thomas Birch, the poetry of Oliver Wendell Holmes, Sr., and the prose of James Fenimore Cooper. Through Read the rest of this entry »

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When Healers Harm – Alabama Hospital Wars: Huntsville Hospital v Crestwood Medical Center

Posted by Warm Southern Breeze on Wednesday, July 11, 2012

Why, why, WHY!?!

There’s nothing better to do with precious financial resources – especially in tough economic times?

Pay lawyers instead of using that same money to care for and treat patients, improve outcomes, and increase patient & staff satisfaction?

And what does that say about your concern for patients? Yeah… that’s right – you love wasting money on a court fight rather than using that money to heal people.

This problem exists precisely because of a Certificate of Need law in Alabama that specifically prohibits anyone from thinking about building, expanding or creating a healthcare treatment facility without first going to court.

I will say this, however – even with the CON law & board in place, there is no requirement for hospitals to sue each other over the matter. And yet, they do.

It’s time to eliminate the CON law and CON Board in Alabama.

Crestwood Hospital wins legal fight with Huntsville Hospital

Read the rest of this entry »

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The Last Fair Deal Gone Down: Robert Johnson, Racism and Abortion

Posted by Warm Southern Breeze on Wednesday, February 2, 2011

Late American Blues guitarist/singer/songwriter Robert Johnson, a Negro, died at the tender young age of 27, in 1938. There are less than 50 recordings of his, of which historians are aware. Among musicologists, researchers and others, his performances are considered treasures and remain the subject of great debate, even today.

If Robert Johnson’s mother were alive today, living in New York City and in the prime of her childbearing years, the flower of her youth, and were to become pregnant with him today… Read the rest of this entry »

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AL Gov. Bob Riley to BP: No lawsuit waiver on final oil spill claims

Posted by Warm Southern Breeze on Wednesday, December 15, 2010

Does it come as any surprise that the Multinational Corporation BP has no allegiance or loyalty to anyone or anything save their profit, executive compensation and shareholder payouts?

And yet – as astute observers note – politics makes strange bedfellows. Appointed by President Obama, Administrator Feinberg is being paid by BP in excess of $10 Million annually. But… would Democrats have expected this kind of “favor for the people” from their president?

Pressure on Kenneth Feinberg to disclose BP pay deal
By Moira Herbst
http://in.reuters.com/article/idINIndia-53083520101122
NEW YORK | Tue Nov 23, 2010 2:03am IST
(Reuters Legal) – There has never been anything quite like Kenneth Feinberg’s $20 billion Gulf Coast Claims Facility. Established to compensate victims of the BP Plc(BP.L) oil disaster, it essentially invests one man with full power over how the money is distributed, while he is being paid by the company and unsupervised by any government body.

Gov. Bob Riley: No lawsuit waiver on final oil spill claims

Published: Saturday, December 11, 2010, 5:00 AM
Updated: Saturday, December 11, 2010, 12:06 PM
http://blog.al.com/live/2010/12/gov_bob_riley_no_lawsuit_waive.html
by Dan Murtaugh, Mobile Press-Register

Alabama Gov. Bob Riley has urged BP PLC and President Barack Obama to make sure that Gulf Coast residents don’t have to sign liability waivers to accept claims payments.

Oil spill claims czar Ken Feinberg recently launched the second stage of his claims process, in which he will offer people final settlements or interim quarterly payments.

The final settlements require the claimant to Read the rest of this entry »

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A Short History of “Privacy” in American Jurisprudence

Posted by Warm Southern Breeze on Monday, May 3, 2010

[Note: This entry was originally entitled “Privacy,” and was transferred to this site, having previously been posted by me on Monday, May 3, 2010 at 2:57pm.]

“Privacy” is a relatively new term in American jurisprudence, and public dialogue. Former US Supreme Court Justice Hugo Black, an AL native, wrote against “privacy” in his dissent in Griswold v Connecticut.

The development of our right to privacy emerged, interestingly enough, from Griswold v Connecticut, a 1965 Supreme Court Case which challenged the state’s 1879 criminalizing of a married couple’s use of contraceptive devices. Appellants were the Read the rest of this entry »

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Bob Riley and Troy King: The Saga Continues

Posted by Warm Southern Breeze on Monday, February 1, 2010

It’s well known that Alabama Governor Bob Riley and Attorney General Troy King, both Republicans, have been at odds with each other over …Continue…

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“I want your questions in the box.”

Posted by Warm Southern Breeze on Sunday, October 18, 2009

Hey… I thought “thinking outside the box” was the desirable outcome!

Now, we’re told we should get back in it.

The quote in the subject line is from Richard Heene, the Ft. Collins, CO man whom authorities are investigating for intentional fraud – suspecting the scare his little boy might have been aloft in a helium balloon and the resulting scramble of rescue resources, federal, state and local was deliberate.

In context, that’s what Mr. Heene told reporters camped outside his house.

And, I think the sheriff’s cooking legal spaghetti.

Why spaghetti?

Just like spaghetti, he’s gonna’ cook it just long enough, and then throw the charges… to see if it sticks to the wall, or in this case, Mr. Heene.

Of course, Mr. Heene will come out smelling like a Ponderosa Pine (not many roses grow in Colorado) because he’ll get a book deal, and a made-for-teevee-movie, will appear on numerous talk shows, and otherwise make the media rounds.

As I understand, Mr. Heene’s ideas for a “reality teevee show” have been rejected on more than one occasion. And, as is the “American way,” Mr. Heene is making his own “reality teevee show”… er, making his own “opportunity.”

And what a name for a balloon boy, eh?

Falcon.

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