Re: LI A Very Cruel Hoax, Not.

1998-05-05 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Hi Ron, Doc - a simplistic question, hope you don't mind replying: how 
are healthy blood flow channels preserved, that is there seems to be a 
special targeting. Do you know how this is achieved with these drugs?
Thanks :) LDMF.
Ronald Helm wrote:---
 
 "Ronald Helm" [EMAIL PROTECTED] writes:
 
 What about the problem of mets, Ron?  Will they have to discover and
 isolate
 every metastatic tumor?  Or will this really only be good for a primary or
 in
 situ that hasn't metastasized yet?
 Doc
 
 Metastases usually do not exhibit the angioneogenesis that the primary tumor
 does, therefore I would guess that this process would only really be
 beneficial in shutting down the blood supply to the primary tumor. Many
 tumors do not metastasize, and spread by local invasion, or local spread...a
 good example being the most common of ovarian cancers which implants on
 peritoneal surfaces.  Ron
 
  99 percent of lawyers give the rest a bad name.
 [EMAIL PROTECTED]
 -Original Message-
 From: DocCec [EMAIL PROTECTED]
 To: [EMAIL PROTECTED] [EMAIL PROTECTED]
 Date: Tuesday, May 05, 1998 8:54 AM
 Subject: Re: LI A Very Cruel Hoax
 
 DocCec [EMAIL PROTECTED] writes:
 
 
 In a message dated 98-05-05 11:45:14 EDT, you write:
 
  Actually it has been known for years that angioneogenesis ( the
  proliferation of blood vessels ) is characteristic of solid tumors.  Many
  have been working on this idea, but this has apparently been the first
  successful inhibition of the process, at least in mice.  Apparently these
  investigators have isolated a factor that stimulates the process and have
  successfully inhibited this factor in mouse tumors.   
 
 
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Re: LI A Very Cruel Hoax, Not.

1998-05-05 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Ron - Thanks for the response; makes sense to me (about the inhibitory 
effect, possibly, on new formations) and is more detailed than anything 
I've been hearing. Sure is nice to have on the list both a medical person 
and one who can communicate (oh, and is willing to share). :-) LDMF.
Ronald Helm wrote:
 
 "Ronald Helm" [EMAIL PROTECTED] writes:
 
 Hi Ron, Doc - a simplistic question, hope you don't mind replying: how
 are healthy blood flow channels preserved, that is there seems to be a
 special targeting. Do you know how this is achieved with these drugs?
 Thanks :) LDMF.
 
 I wish I could answer that question.  These angiogenesis inhibitors, must
 only prevent new vessel formation, and that is why they could not be used in
 pregnant women where a fetus is developing its circulatory system.  Also
 adults develop collateral circulation, for example after coronary occlusion
 or bypass, new vessels develop to supply the myocardium.  I suspect that
 this process would be inhibited by these medicines.   Ron
 
  99 percent of lawyers give the rest a bad name.
 [EMAIL PROTECTED]
 
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Re: LI Flight Attendant Tale Lands With a Thud

1998-05-05 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Hi Sue -- sniff sniff sniff go the legal begals: is this a new twist on 
libel defenses? You never know who will bring suit, but forget publish 
and retract, now its publish and crow?  I dunno, seems very odd... but 
then again a 40 minute fondling, that seems odd too, but then I missed 
the show.  Was she complaining, bragging, or none of the above? wink 
LDMF.


-Sue Hartigan wrote:---
 
 Sue Hartigan [EMAIL PROTECTED] writes:
 
 Tabloid Show Touts Story, Then Shoots It Down
 
   By Howard Kurtz
   Washington Post Staff Writer
   Tuesday, May 5, 1998; Page C01
 
 (etc.)


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LI Viagra hits the legal scene/divorce

1998-05-05 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Hi Folks - Psychologist tells me there is this new thing, a side-effect 
(humor) of Viagra, called "Viagra Divorce" (not funny). Subject finds 
himself able to sustain erections, begins to feel his oats, wants to go 
out on the range. I discussed with my friend that this camn be said of 
anti-depressants or other psychopharmaceuticals.  Without blinking, 
psychologist friend began to expound upon" prosac-divorce".  So there you 
go! :) Best wishes, LDMF.

-Sue Hartigan wrote:---
 
 Sue Hartigan [EMAIL PROTECTED] writes:
 
 Hi Ron:
 
 Now Viagra *could be* the cruelist hoax of all.  :)
 
 Sue
 
 For example, we are discussing Viagra under the "Cruel Hoax"
  thread.  Go figure.  Ron
 
 --
 Two rules in life:
 
 1.  Don't tell people everything you know.
 2.
 
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Re: LI Whitewater grand jury dismissed/Bill

1998-05-05 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Hi Bill - possibility of leak? Oh yes, that is, if there is something to 
leak! This one seemed to end with somewhat of a thud in contrast to 
predicted outcomes - do you think? Or is T. S. Eliot on the mark: this is 
the way the world ends, this is the way the world ends, this is the way 
the world ends, not with a bang but a whimper. :) LDMF. (Hollow Men or 
Prufrock or Wasteland or other?)
William J. Foristal wrote:---
 
 [EMAIL PROTECTED] (William J. Foristal) writes:
 
 Hi Sue,
 
 The Grand Jury members have to be careful that they are not caught
 leaking information about what went on in the proceedings.  It is against
 the law and a person could go to jail for leaking things.  Of course, an
 anonymous source could make some good pocket change if he/she wanted to
 take a chance.
 
 Bill
 
 On Tue, 05 May 1998 13:58:13 -0700 Sue Hartigan [EMAIL PROTECTED]
 writes:
 Sue Hartigan [EMAIL PROTECTED] writes:
 
 
 Hi Bill:
 
 I bet they have a news conference on Dateline or Nightline, one of
 those
 shows.  :)
 
 How much money did this thing cost us and what did we get out of it,
 is
 what I would like to know.  Are we going to be told all that, I
 wonder.
 
 Sue
 
 Sue
  Hi Sue,
 
  How long do you think it will be before we read leaks coming from
  anonymous former Grand Jury members? G
 
  Bill
 
 --
 Two rules in life:
 
 1.  Don't tell people everything you know.
 2.
 
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 _
 You don't need to buy Internet access to use free Internet e-mail.
 Get completely free e-mail from Juno at http://www.juno.com
 Or call Juno at (800) 654-JUNO [654-5866]
 
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Re: LI Misleading Headlines for Entertainment Purposes Only

1998-05-05 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Greetings all: I read a headline today about a suspect being indicted for 
eating the evidence (mary jane). On analysis, it seems he swallowed it. 
You just can't trust headlines. :) LDMF.
---William J. Foristal wrote:--
 
 [EMAIL PROTECTED] (William J. Foristal) writes:
 
 On Tue, 5 May 1998 14:19:55 -0700 "Ronald Helm" [EMAIL PROTECTED]
 writes:
 "Ronald Helm" [EMAIL PROTECTED] writes:
 
 
 Anyone can apply their own definitions.  I explained my objections to
 the
 press reports as best I was able.  Can we say some people didn't get
 past my
 headline?
 Best, Terry
 
 You got that right for sure. I often put a tricky little hot button
 item in
 the Subject line just to catch people's attention.  I wish others
 would pay
 a little attention to changing the subject line to the subject being
 discussed.  For example, we are discussing Viagra under the "Cruel
 Hoax"
 thread.  Go figure.  Ron
 
 Hi Ron,
 
 Isn't that a big criticism of the "hype" of the media.  Sensationalized
 headlines that have no bearing on what is in the body of the article.  (I
 changed the subject of this for you) G
 
 Bill
 
 _
 You don't need to buy Internet access to use free Internet e-mail.
 Get completely free e-mail from Juno at http://www.juno.com
 Or call Juno at (800) 654-JUNO [654-5866]
 
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Re: LI Flight Attendant Tale Lands With a Thud

1998-05-05 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Hi Sue - do you happen tho know time and channel? I guess we are a few 
hours different but I can probably figure it out. Thanks, LDMF. :)
---Sue Hartigan wrote:-
 
 Hi Dr. L.
 
 Actually I thought the whole thing was funny.  But then I do tend to
 have a weird sense of humor.  BG
 
 They didn't show the part where they confront her with the results.
 That is suppose to be on today.
 
 If you have nothing else to do and want to get some laughs, take a look.
 
 Sue
  Hi Sue -- sniff sniff sniff go the legal begals: is this a new twist on
  libel defenses? You never know who will bring suit, but forget publish
  and retract, now its publish and crow?  I dunno, seems very odd... but
  then again a 40 minute fondling, that seems odd too, but then I missed
  the show.  Was she complaining, bragging, or none of the above? wink
  LDMF.
 
 --
 Two rules in life:
 
 1.  Don't tell people everything you know.
 2.


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LI :-)- Thanks Kathy; Kaye too :-)

1998-05-04 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Dear Folks,
I have become in awe of all it takes (from the posts) to host and keep up
a list. You both have done so much for us, remember the ol CT list days?
Your generosity of time and spirit is really appreciated. Just wanted,
along with the others in the group,  to let you know. Best wishes, LDMF.


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Re: LI NO MAIL

1998-05-01 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Got it here in NewYawkState too Bob! :) LDMF.

Sue Hartigan wrote:
 
 Sue Hartigan [EMAIL PROTECTED] writes:
 
 Hi Bob:
 
 I got it.   Sue
 
  Hi All
  would someone let me know if this gets through.im not getting any mail
  from the group.
  bob,wa
 
 --
 Two rules in life:
 
 1.  Don't tell people everything you know.
 2.
 
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Re: LI Burlington Industries, Inc. v. Ellerth

1998-04-20 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


So Sue, Group, would victory for Ellerth be very helpful to Paula Jones
Appeal, where even if an Appeals court found the 'act' outrageous, there
would still be for Jones the problem of showing detriment to her
(damages)?
Sue Hartigan wrote:-
 
 Sue Hartigan [EMAIL PROTECTED] writes:
 
 Burlington Industries, Inc. v. Ellerth
 No. 97-569
 
 Court below:  United States Court of Appeals, Seventh Circuit
 
 At issue in this Title VII sexual harassment case is whether a claim of
 quid pro quo sexual harassment can be asserted against an employer when
 the victim neither submitted to the sexual advances of the perpetrator
 nor
 suffered tangible adverse effects in terms or conditions of employment
 by
 refusing to submit to the harassment.
 
 Kimberly Ellerth was hired by Burlington in 1993.  During the next year,
 her male supervisor made repeated sexual advances to her.  She rebuffed
 his advances, yet was not tangibly hurt in her employment.   She was
 even
 promoted on one occasion.  She resigned from Burlington in 1994 and
 filed
 suit in federal district court after receiving a right-to-sue letter
 from
 the EEOC.  The court below held that employers may be held strictly
 liable
 for quid pro quo sexual harassment even if the harassed employee neither
 submitted to the supervisor's sexual advances nor suffered adverse
 employment consequences.
 
 --
 Two rules in life:
 
 1.  Don't tell people everything you know.
 2.
 
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Re: LI Burlington Industries, Inc. v. Ellerth

1998-04-20 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Greetings - it does indeed look from here that showing detriment is
Paula's big problem; wonder in the Now people are as interested in that
as they are in the outrageous 'act'.  Perhaps. Dr. Ron - didn't you post
regarding feminist amicus curiae briefs?

---Sue Hartigan wrote:-
 
 Sue Hartigan [EMAIL PROTECTED] writes:
 
 Hi Dr. L.:
 
 I heard some people talking about this case the other night, and from
 what I gathered this case would have a very big impact on the Paula
 Jones case.  It will also have a big impact on all sexual harassment
 cases in the future.
 
 Sue
 
  So Sue, Group, would victory for Ellerth be very helpful to Paula Jones
  Appeal, where even if an Appeals court found the 'act' outrageous, there
  would still be for Jones the problem of showing detriment to her
  (damages)?
 
 --
 Two rules in life:
 
 1.  Don't tell people everything you know.
 2.
 
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Re: LI DP for 11 year olds

1998-04-20 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Life without parole is about as far as I can see when trying to view
this. The idea of holding a child on death row until a certain age seems
medieval; isn't this cruel and unusual per se?  LDMF.

--Sue Hartigan
wrote:


 Sue Hartigan [EMAIL PROTECTED] writes:
 
 Hi Sooz:
 
 To be honest I think that if they started holding parents responsible
 for their childrens actions at a younger age it would not get to this
 point.
 
 I can't see putting an 11 year old on death row, at the same time I
 think something has to be done to stop what is going on now.  The one
 thing that this man said that I totally agree with is the fact that kids
 are not like they were when we were that age.  At the same time though,
 they are still kids.  If I were on a jury with an 11 year old facing the
 DP, no matter how I felt about the DP, I could not bring back a verdict
 of death.
 
 Parental responsibility would go a long way in helping relieve the
 situation that is now happening, IMO.  And stronger punishments, but I
 can't go along with killing children.
 
 Sue
 
  Hello,
 
   Sue Hartigan [EMAIL PROTECTED] writes:
  
   This morning on the Today show a representative from Texas was on
   explaining why he was submitting a bill to have 11 year olds face the DP
   in Texas when they commit a capital offense.
 
  I saw that this morning, too, and was appalled at the thought.
 
  I think that there has to be a way to keep these children under the
  supervision of the cj system and NOT automatically release them when
  they reach a certain age.  Unfortunately I have no answer how this could
  be done, perhaps after extensive rehabilitation and education and they
  meet certain standards they then could be released, in stages (?)
 
  What do you think?
 
  Sooz
 
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 --
 Two rules in life:
 
 1.  Don't tell people everything you know.
 2.
 
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Re: LI Supreme Court, Angel Francisco Breard

1998-04-20 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Hi Sue, thank you for posting this case on procedural default, where the
high Court felt that the issue of the Vienna Treaty had not been
preserved  because not raised in the lower courts (check me out). I vote
that if there is a dissent (or are dissents) in capital cases a stay of
execution would result.  That do you think? :) LDMF.


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Re: LI Ark. To Decide on Delusional Inmate

1998-04-20 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Sorry, I find this grisly. Please check out my take: forced medication
to put someone in a state where he can be executed? I go no farther.
Tell me it isn't true.  LDMF.
--Sue Hartigan wrote:--
 
 Sue Hartigan [EMAIL PROTECTED] writes:
 
 Ark. To Decide on Delusional Inmate
 
PINE BLUFF, Ark. (AP) -- A death row inmate who is
delusional when not forced to take anti-psychotic
medication pleaded for his life Monday at a hearing on
whether the state can execute him during his moments of
sanity.
 
Charles Singleton, convicted of killing Mary Lou York
at her grocery store in 1979, told the judge that he
was mentally ill at the time and that a state
prosecutor was out to get him.
 
``She is trying to kill me,'' Singleton said, gesturing
toward Assistant Attorney General Kelly Hill. ``I'm
poor. Ms. Hill has all the resources. I have nothing.''
 
Jefferson County Circuit Judge Fred Davis told
Singleton that the hearing wouldn't address whether he
was guilty, innocent or insane.
 
The court is to determine whether it's proper for the
state to kill Singleton while he's on medication that
keeps him sane. In general, courts do not allow insane
people to be put to death and have prevented states
from medicating prisoners so they'll be sane enough to
execute.
 
Last month, two days before Singleton was to be
executed by injection, the state's highest court
stopped it and ordered the case to the circuit court.
 
His hearing has been held in three stages since March
18. The circuit court's decision is expected by May 22.
 
Singleton, 39, is a paranoid schizophrenic who has had
delusions that his death sentence was set aside and
that he was being held in prison illegally, doctors
said.
 
He had been voluntarily taking the anti-psychotic drugs
Prolixin and Cogentin, but when he stopped last summer,
a prison medical panel directed that he be forcibly
medicated to protect himself and others.
 
Under questioning by Hill Monday, Singleton said he
wants to be off the drugs.
 
Dr. Walter Oglesby, a prison psychiatrist, said
Singleton's mood changed dramatically when he stopped
taking the drugs.
 
``He over the years had been very friendly,'' Oglesby
said. But at a meeting last July, Singleton was ``very
hostile and belligerent.''
 
 --
 Two rules in life:
 
 1.  Don't tell people everything you know.
 2.
 
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LI Article on Good Samaritan Law

1998-04-19 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


A readable article on when and whether doctor's can or should stop to
deliver emergency aid, and the legal consequences thereof, can be found
at:

http://www.medscape.com/time/hippocrates/1998/v12.n03/h1203.03.stei.html

Best wishes, :) LDMF.


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Re: LI Kevorkian Lawyer Runs for Mich Gov.

1998-04-17 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Hi Sue, does this mean he is entering the primaries? Thx, :) LDMF.
--Sue Hartigan wrote:-
 
 Sue Hartigan [EMAIL PROTECTED] writes:
 
 Kevorkian Lawyer Runs for Mich Gov.
 
LANSING, Mich. (AP) -- Geoffrey Fieger, Jack Kevorkian's
fiery lawyer, entered the Democratic race for governor
Thursday.
 
The personal injury lawyer known for his scorched-earth
rhetoric said he wants to protect people's rights to
abortion, assisted suicide and mental health care. He
also said he can lead the state to a better economy than
Republican Gov. John Engler can.
 
``Why are we rated 27th, behind Ohio, as a desirable
place to live?'' he asked. ``Engler has been content
with an economy that will catch pneumonia when the
national economy catches a cold.''
 
Fieger, 47, has been protective, loud, intimidating,
theatrical, abrasive, foul-mouthed and -- even his
critics admit -- highly effective in defending
Kevorkian, who has taken part in at least 100 suicides.
 
Kevorkian has been acquitted in three trials covering
five deaths. A fourth trial ended last June in a
mistrial after Fieger, in his opening statement, accused
a prosecutor of tampering with evidence and conducting a
witch hunt.
 
He has also called former Oakland County Prosecutor
Richard Thompson a madman and likened him to Hitler.
 
Fieger said he wouldn't quit defending Kevorkian during
the campaign, but promised the doctor would have no
place in his administration.
 
``If I hired Jack as my health secretary, I'd probably
fire him the next day,'' he said.
 
The other Democrats in the race are former state
Commerce Director Doug Ross, lawyer Larry Owen and Ed
Hamilton, a Chrysler supervisor.
 
Fieger said he is a better candidate because he owes
nothing to special interest groups.
 
A spokesman for Engler, who is running for a third term,
said Fieger brings nothing except an entertainment value
to the race.
 
``He is definitely not leadership material,'' John
Truscott said. ``He knows how to sling barbs and
insults, but does he know how to get anything done?''
 
 --
 Two rules in life:
 
 1.  Don't tell people everything you know.
 2.
 
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Re: LI Text of Jones Decision/Sue

1998-04-02 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Hi Sue - thank you for posting this executive summary. Do you happen to
know if the full text is available online? 39 pages would be very long,
but I would like to read it anyway. Perhaps it was posted here and I
missed it. Thanks again, :) LDMF.

Sue Hartigan wrote:
 
 Sue Hartigan [EMAIL PROTECTED] writes:
 
 April 1 — This is the full text of the executive
summary of U.S. District Judge Susan Webber
Wright's 39-page memorandum opinion and order
to dismiss Paula Jones’ sexual harassment suit
against President Clinton and Danny Ferguson.
There are six pages in the summary below;
footnotes are indicated by number in the text and
are reproduced at the end of the document.
 
 The plaintiff in this lawsuit, Paula
Corbin Jones, seeks civil damages from
William Jefferson Clinton, President of
the United States, and Danny Ferguson, a
former Arkansas State Police Officer, for
alleged actions beginning with an
incident in a hotel suite in Little Rock,
Arkansas. This case was previously before
the Supreme Court of the United States to
resolve the issue of Presidential
immunity but was remanded to this Court
following the Supreme Court30146;s
determination that there is no
constitutional impediment to allowing
plaintiff’s case to proceed while the
president is in office. See Clinton v.
Jones, 117 S. Ct. 1636 (1997). Following
remand, the President filed a motion for
judgment on the pleadings and dismissal
of the complaint pursuant to Rule 12(c)
of the Federal Rules of Civil Procedure,
Ferguson joined in the president's
motion. By Memorandum Opinion and Order
dated August 22, 1997, this Court granted
in part and denied in part the
President's motion. See Jones v.
Clinton, 974 F. Supp. 712 (E.D. Ark.
1997). The Court dismissed plaintiff's
defamation claim against the President,
dismissed her due process claim for
deprivation of a property interest in her
State employment, and dismissed her due
process claims for deprivation of a
liberty interest based on false
imprisonment and injury to reputation,
but concluded that the remaining claims
in plaintiff's complaint stated viable
causes of action. See id. Plaintiff
subsequently obtained new counsel and
filed a motion for leave to file a first
amended complaint, which the court
granted, albeit with several
qualifications. See Order of November
24, 1997. 1 The matter is now before the
Court on motion of both the President and
Ferguson for summary judgment pursuant to
Rule 56 of the Federal Rules of Civil
Procedure. Plaintiff has responded in
opposition to these motions, and the
President and Ferguson have each filed a
reply to plaintiff's response to their
motions. For the reasons that follow, the
Court finds that the President's and
Ferguson's motions for summary judgment
should both be and hereby are granted. 2
 
  I.
 This lawsuit is based on an incident
that is said to have taken place on the
afternoon of May 8, 1991, in a suite at
the Excelsior Hotel in Little Rock,
Arkansas. President Clinton was Governor
of the State of Arkansas at the time, and
plaintiff was a State employee with the
Arkansas Industrial Development
Commission ("AIDC"), having begun her
State employment on March 11, 1991.
Ferguson was an Arkansas State Police
Officer assigned to the Governor's
security detail.
 According to the record,
then-Governor Clinton was at the
Excelsior Hotel on the day in question
delivering a speech at an official
conference being sponsored by the AIDC.
Am. Compl. 7 3 Plaintiff states that she
and a

Text of Jones/Clinton Decision [was Re: LI Biased Judge Forgives Clinton]

1998-04-02 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Mac, Bill, Terry - I have been looking for the full text of the
Decision. It seems others have read it, I must have missed it. Can you
give me a pointer? I especially want to read about the tort of outrage.
I am very uncomfortable when matters of comparative social judgment are
not allowed to go to the jury. But until I read the decision, I can't
discuss it, so I'd appreciate a lead.  Best wishes, :) LDMF.
-moonshine wrote:-
 
 moonshine [EMAIL PROTECTED] writes:
 
  Mornin' Terry,
 I think you need to read the decision.
  ...Mac
 
  Hi Mac,
 
  Please don't confuse him with the facts.
 
  Bill
 
 
 Afternoon Bill,
I don't have to...he's done it to himself.
 ...Mac
 
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Re: LI Is a fetus a person?

1998-03-29 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Hi Steve - it seems to me that there are laws that do protect the unborn
child in terms to injury to the child. Maybe we can search for that. But
where the injury claimed is to the mother, as in this case, it seems to
me different. Looking forward to your input. :) LDMF.
-Steve Wright
wrote:-
 
 Steve Wright [EMAIL PROTECTED] writes:
 
 Rather than saying is a fetus a person, shouldn't we ask weather a fetus is
 a viable person and if so, when you kill a fetus by harming the mother you
 are guilty or assault and attempted murder?
 
 Steve
 
 ===
 As big bird spreads the word, anybody with a heart votes love.
 - Fluke.
 ===
   PERSONAL EMAIL TO: [EMAIL PROTECTED]
 
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LI Re: Is a Fetus a Person? /example

1998-03-29 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Friday, October 18, 1996 


FETUS OR BABY? DUI DRIVER GUILTY IN DEATH

 THE ASSOCIATED PRESS

CORPUS CHRISTI, Texas -- A man who drove drunk into a pregnant
woman's car was convicted Thursday
 of killing the woman's baby, who was born a month and a half
premature because of the crash.

Jurors were not required to consider whether Krystal Zuniga was
a person or a fetus at the time of the
 accident, but were instructed to decide whether Frank Flores
Cuellar caused the crash that resulted in the baby's
 death.

Groups on both sides of the abortion issue closely followed the
case, which touched on the question of when
 life begins.

Anti-abortion activists hailed the verdict as a step toward
tougher laws against criminals whose actions harm
 the unborn, while abortion-rights supporters warned it could lead
to a new determination of when life begins,
 leading to the outlawing of abortion.

Both sides agreed, however, that the implications of the verdict
would remain murky until considered by an
 appeals court.

``It's too early to know whether or not it's a setback,'' said
Pauline Cashion, executive director of the Texas
 Abortion and Reproductive Rights Action League.

Defense lawyers refused to say whether they would appeal. They
cited a gag order that remains in effect
 through sentencing, scheduled for today.

Cuellar, 50, faces two to 20 years on the intoxication
manslaughter conviction. He also is charged with two
 felonies relating to the mother: driving while intoxicated and
intoxication assault, for which he will be tried later. His
 defense had asked for the separate trial on the manslaughter count
to avoid airing Cuellar's prior DWI
 convictions.

On June 15, Cuellar's blue Chevrolet Blazer veered into the
wrong lane and crashed head-on into a car driven
 by Jeannie Coronado as she returned from a late-night trip to the
grocery store.

Coronado, 7-months pregnant, gave birth to Krystal by emergency
Caesarean section. Weighing 4 pounds
 and suffering extensive brain damage, Krystal died 44 hours later.

When the verdict was read, Coronado clasped her hands together,
smiled and nodded. Neither she nor the
 child's father, Julian Zuniga, would comment.


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LI Re: Is a Fetus a Person? /example

1998-03-29 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


NORTH CAROLINA GENERAL ASSEMBLY

 LEGISLATIVE FISCAL NOTE

BILL NUMBER: House Bill 594 

SHORT TITLE: Fetus Death From Criminal Act

SPONSOR(S): Representative Starnes

FISCAL IMPACT

Yes ( ) No (X) No Estimate Available ( )

   (in millions)

 FY 1997-98
 FY 1998-99
  FY 1999-00 
   FY
2000-01
   
FY 2001-02 


GENERAL FUND 

Correction No Fiscal Impact 

Recurring 

Nonrecurring

Judicial No Fiscal Impact 

Recurring 

Nonrecurring

TOTAL EXPENDITURES 

POSITIONS: It is anticipated that approximately 0 positions would be
needed to supervise the additional inmates housed
under this bill. This is based on inmate to employee ratios, provided by
the Division of Prisons, for close, medium, and minimum
custody facilities (These position totals include security, program, and
administrative personnel.). 

   Close - 2 to 1

  Medium - 3 to 1

 Minimum - 4 to 1

PRINCIPAL DEPARTMENT(S)  PROGRAM(S) AFFECTED: Dept. of Correction;
Judicial Branch 

EFFECTIVE DATE: December 1, 1997, and applies to offenses committed on
or after that date.





BILL SUMMARY: 

FETUS DEATH FROM CRIMINAL ACT. TO PROVIDE THAT IT IS A CRIMINAL OFFENSE
IF A PERSON
COMMITS OR ATTEMPTS TO COMMIT A CRIMINAL ACT AND THE CRIMINAL ACT
PROXIMATELY RESULTS
IN THE DEATH OF A VIABLE FETUS OR A STILLBORN BIRTH. Adds new GS 14-18.2
to provide if person commits
or attempts to commit criminal act that proximately causes death of
viable fetus or a stillborn birth, person is guilty of (1) a class
F felony if criminal act was felony (unless criminal act was felony
death by vehicle, in which case offense is class G felony); or
(2) a class A1 misdemeanor if criminal act was misdemeanor. Applies to
offenses committed on or after Dec. 1, 1997.

ASSUMPTIONS AND METHODOLOGY: 

Judicial Branch

According to the Judicial Branch, they expect this bill to have little
or no substantial fiscal impact on the court system. The
Judicial Branch cannot estimate the number of criminal acts resulting in
the death of a fetus. However, they expect that there are
relatively few such cases. This bill adds additional charges to existing
cases, as opposed to creating new, additional cases.
Therefore, the Judicial Branch believes they can handle these additional
charges and any new cases that may arise within
existing court resources.

Department of Correction

Based on information received from the Judicial Branch, the Sentencing
Advisory and Policy Commission cannot estimate the
number of felony or misdemeanor cases that may result from this bill.
However, the Sentencing Commission notes that any
additional convictions will probably result in persons already being
charged with another criminal act. Therefore, the
Department of Correction can absorb the few convictions that may arise
within existing resources. 

SOURCES OF DATA: Department of Correction, Judicial Branch; North
Carolina Sentencing and Policy Advisory
Commission.

TECHNICAL CONSIDERATIONS: None.

FISCAL RESEARCH DIVISION 733­4910 DATE: April 28, 1997 

PREPARED BY: Andy Willis 

APPROVED BY: Tom L. Covington


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Re: LI Re: Is a Fetus a Person? /example

1998-03-29 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Hi Ron - if the word "person" would attach when a fetus becomes viable,
able to survive outside of the mother's body, can you relate this to
words like "child"? I'm asking because handling this term comes up when
doing statutory construction (interpretation). In shott, when would a
fetus be a "child"? (At same time as it/she/he would be a [viable]
person?).  :) LDMF.
---Ronald Helm wrote:-
 
 "Ronald Helm" [EMAIL PROTECTED] writes:
 
 Groups on both sides of the abortion issue closely followed the
 case, which touched on the question of when
  life begins.
 
 
 This unborn fetus was only one and a half months premature, or about 34
 weeks gestation, well past the stage of viability.  I don't know why the
 abortion rights people are concerned, because this pregnancy was well past
 the 26 week cut off that most states have for restriction of abortion. This
 pregnancy could have survived outside of the mother and would be alive had
 no this drunk hit the mother.  This one is easy, the difficult cases would
 be between 20 and 26 weeks gestation, at 20 weeks none will survive if born,
 at 26 weeks upwards of 80-90% will survive.   Ron
 
 Women have their faults. Men have only two.
 Everything they say. Everything they do.
 [EMAIL PROTECTED]
 
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Re: LI Re: Is a Fetus a Person? /example/Doc/Ron

1998-03-29 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Hi Doc  -  Yes I see your point, but what about the reported fact that
the insult/injury was to an *unborn* child? I am thinking about what Dr.
Ron posted regarding 'viability' as an indication of personhood, and
this fetus was very near birth, as I understand it, but correct me... :)
LDMF.
--DocCec wrote:-
 
 DocCec [EMAIL PROTECTED] writes:
 
 In a message dated 98-03-29 18:52:12 EST, you write:
 
  A man who drove drunk into a pregnant
  woman's car was convicted Thursday
   of killing the woman's baby, who was born a month and a half
  premature because of the crash. 
 
 In this case the death was not that of a fetus, but that of a baby, albeit one
 born prematurely.  I don't think this really has relevance to the question of
 the personhood of a fetus.  A fetus is unborn.
 Doc
 
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Re: LI Re: Polygraph Testing/Jackie, Sue

1998-03-28 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Hi Jackie - wondering about the myth that one would not say or do
something under hypnosis or under the influence, that one would not in a
respressed way be inclined to do anyway. With the sodium pentathol,
hypnosis, and even polygraphs and other analogue techniques, I should
think it difficult to tell if arousal states can comfortably be mapped
onto deeply held beliefs, or their duals (negations).  A hard call? :)
LDMF.

--Jackie Fellows wrote:
 
 Jackie Fellows [EMAIL PROTECTED] writes:
 
 Hi Dr. L
 
 Sue would know more than me about sodium penothol.  I only know from
 experience the effects of the stuff.  Yep, Sue, some people do say some weird
 things.
 
 jackief
 
 Sue Hartigan wrote:
 
  Sue Hartigan [EMAIL PROTECTED] writes:
 
  Hi Dr. L.:
 
  Sodium Penothol is a ultra-short acting barbiturate which induces
  sleep.  Other than that I have no idea what it would be used for, but
  have seen in movies that it is used as a truth serum.  Don't know if
  that is true or not. :)
 
  I have seen people get quite talkative when coming out of it, but I
  don't know if they were telling the truth or not.  And I have heard
  things that patients have said that I am sure they wouldn't want their
  spouse to hear.  LOL
 
  Sue
  
   Jackie, Sue - hi - a question: what is the deal with so-called "truth
   serum?" Is that sodium pentathol? Not sure. But isn't there an injection
   (usually) that so relaxes a person that the tongue goes wag wag wag?
   Waiting to be enlightened... :) LDMF.
 
  --
  Two rules in life:
 
  1.  Don't tell people everything you know.
  2.
 
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 --
 In the sociology room the children learn
 that even dreams are colored by your perspective
 
 I toss and turn all night.Theresa Burns, "The Sociology Room"
 
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Re: LI Any ideas or help would be appreciated

1998-03-28 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Sue - did I miss this - does the criminal Ward case cite to
(awknowledge) the civil law allowing a "person" reading to an unborn
child? My impression was that you had found inapposite law', that is
they are not compatible laws, but they are not being cited in the same
case. 

My impression was that Ward relies on Civil Law (including Family Law)
and so the Civil Code bestowing personhood on the unborn could be
relevant.  But did a lawyer bring this us in Ward. or did the court
itself do so sua spone (on its own initiative? I'd thought not, but will
go back and look.   Let me know! Cheers, :) LDMF.
Sue Hartigan wrote:
 
 Sue Hartigan [EMAIL PROTECTED] writes:
 
 Hi Dr. L.:
 
 Now I am dizzy. LOL
 
 On the California Law Page,  http://www.leginfo.ca.gov/calaw.html ,
 there are 29 different sections each dealing with different aspects of
 the law.  Family, Civil, Penal, Vehicle, etc.
 
 I did find out that it didn't matter if it was a family law, civil law
 or whatever it could be used in a felony case.  In other words just
 because a law is a civil law, does not mean that it can't be brought
 into a felony murder case.
 
 Is that what you mean.  :)
 
 That basically is why I am so confused by this decision.  They are
 saying under the family code that a fetus is not a child, and then they
 are turning around and saying under the civil code that a fetus is a
 child.  I realize that they are using the definition that best suits
 their purpose in making the law they are referring to, however it can't
 be two ways, IMO.  Either the fetus is a child or it isn't.
 
 Sue
 
  You don't seem confused to me, Sue, you seem modest. But HERE is
  confused: in the Ward criminal case they seem to rely on Civil Code,
  that is Family Law code, do they not? I am not familiar with California
  Law, but hereabouts Family Law is  considered civil code -- and it can
  be used in conjunction with penal code, which conjoining, however, does
  not change its character. So THAT's confused. :) :) L.
 
 --
 Two rules in life:
 
 1.  Don't tell people everything you know.
 2.
 
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Re: Is a Fetus a Person? /Bill [was LI Any ideas or help would be appreciated]

1998-03-27 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Hi Bill - agreed, in the civil case the fetus would simply have
prospective standing, it seems: future access to relief, once being born
But the criminal code wouldn't even give *that* much.  Based on argments
from "majority" supportin personhood, and that being calculated from
first breath of life (and ona case we would like yet to read), the crim
case gives it seems no prospective or future 'standing' to the "child"
as an agrieved, if its self's system is insulted. 

So contrasted with civil code where high up in the hierarchy of codes,
and mirroring the US constitution, the fetus basically has life,
liberty, and property interest albeit subject to birth.. the crim law
falls short of this (entitlement?).

Now here's a stinger: on the surface, the crim law is interested in harm
to the mother; the civil code is broad but also includes the fetus in
the range of persons which the law accepts as possibly harmed, and with
a cause of action at law.

But how can one argue the 'civil code' applies to the 'crim case'?
First, if clearly the Civil is superordinate (umbrella language) ranging
over citizens, should it not do so in a crim context? Or, should the
crim context take that away? Secondly, it the mother (or father!) in a
crim context is assaulted by the other parent, does this not colorably
apply to insult to the fetus? If so, the subject of the harm is not only
the hramed parent  but the dependent child.  

Next we have a procedural question: didn't the lawyers bring this up?
Does the court have an obligation to raise questions like this or
introduce references? 

There are a lot of technical and basically humanistic questions here,
and all posts will help... glad you chose to post, and please feel free
to correct or amend the above.  :) Best, LDMF.

William J. Foristal wrote:

 43.  Besides the personal rights mentioned or recognized in the
 Government Code, every person has, subject to the qualifications and
 restrictions provided by law, the right of protection from bodily
 restraint or harm, from personal insult, from defamation, and from
 injury to his personal relations.
 
 
 
 43.1.  A child conceived, but not yet born, is deemed an existing
 person, so far as necessary for the child's interests in the event of
 the child's subsequent birth.
 
 HI Sue,
 
 Ooops, instead of helping I think I see an argument that would go against
 you here. It seems to me that 43.1 covers situations where something
 occurs during a pregnancy that affects the child who is "subsequently
 born".  This would enable legal action, for example, against a person who
 caused the injury or damage.  An example of this would be a car accident
 where a drunk driver injured a pregnant woman and her child is born with
 serious defects caused by the accident.  Or someone who assaulted a
 pregnant woman and caused defects in the child that was subsequently
 born.
 
 Ironically, the law does not specify the rights of a fetus who is NOT
 "subsequently born" but dies as a result of the criminal action.  Given
 the legality of abortion, it seems a defense attorney could argue that
 the fetus had no rights at the time of its death.  That, in order to have
 any rights with respect to the assault, the fetus would have had to
 survived long enough to be "subsequently born."
 
 But then again, I'm not a lawyer, so don't let me rain on your parade
 here. :)
 
 Bill
 
 _
 You don't need to buy Internet access to use free Internet e-mail.
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Re: Is a Fetus a Person? /Bill [was LI Any ideas or help would be appreciated]

1998-03-27 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


H Bill - I am having a bit of trouble finding Susan's post of the civil
statute. Here are two relevant paragraphs I had clipped out, suggesting
that an unborn offspring is a child and thus a person, with life and
liberty rights. The crim case, though, goes to the mothers rights. Do
you think if the civil statute were to govern in the criminal context,
the child would have a large interest in the mother'sa interests (in
being protected)? That could IMO be a bridge between the two, and
perhaps the legslative intent of both sets of laws comingle here.  Sue?
Terry? Streve? Others?:)
LDMF.
--- Code:
---

CALIFORNIA CODES
CIVIL CODE
SECTION 43-53




43.  Besides the personal rights mentioned or recognized in the
Government Code, every person has, subject to the qualifications and
restrictions provided by law, the right of protection from bodily
restraint or harm, from personal insult, from defamation, and from
injury to his personal relations.



43.1.  A child conceived, but not yet born, is deemed an existing
person, so far as necessary for the child's interests in the event of
the child's subsequent birth.


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Re: Is a Fetus a Person? /Bill [was LI Any ideas or help would be appreciated]

1998-03-27 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Oh I see Bill, I can buy that, you're quite clear. It's like in the
Civil Code the rights vest at conception but they don't accrue til birth
(is that a valid extrapolation of your position? Hope you'll comment).
Something like that, you might sharpen my words.  But I see what you
mean and it certainly seems sound. 

Now perhaps we can still contrast the Ward criminal case that says
nothing vests at conception (or before) or after. Maybe the rights vest
and accrue and the same time !?! at birth.

On the practical level, there still seems a big gap between the civil
and criminal, and the civil would hold sway because it describes basic
rights that are vested and accrue long before the criminal act in focus? 

It still seems possible to resolve them by first not denying the
individuality of the existent fetus as a 'future person' (see Doc's
post) with primal dependicies on the mother. Second, one can posit that
the fetus has built-in desire or endowed right not to be harmed,
following from the mother's interest in  not being harmed and the
child's dependence on her being protected. 

I think worked out logically or mathematically this could be 'feature
inheritance' or something close.  But that's a bit dry, here in context. 
:) LDMF.
--William J. Foristal
wrote:-
 
 [EMAIL PROTECTED] (William J. Foristal) writes:
 
 Hi Linda,
 
 I still think that the way the statute reads the fetus must be
 "subsequently born" before he/she can have legal standing with respect to
 any rights.  Yes, the large interest in the mother's protection and
 survival is paramount with respect to the fetus.  But the rights are not
 conveyed until after the fetus is born.  At least that's the way the
 statute seems to read to me.
 
 And the cases where it would make the most difference is when the mother
 survives but the fetus dies.  Instead of murder the perp would be charged
 with a lesser crime.
 
 Bill
 
 On Fri, 27 Mar 1998 15:09:49 -0800 "Linda D. Misek-Falkoff, Ph.D., J.D."
 [EMAIL PROTECTED] writes:
 "Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED]
 writes:
 
 
 H Bill - I am having a bit of trouble finding Susan's post of the
 civil
 statute. Here are two relevant paragraphs I had clipped out,
 suggesting
 that an unborn offspring is a child and thus a person, with life and
 liberty rights. The crim case, though, goes to the mothers rights. Do
 you think if the civil statute were to govern in the criminal context,
 the child would have a large interest in the mother'sa interests (in
 being protected)? That could IMO be a bridge between the two, and
 perhaps the legslative intent of both sets of laws comingle here.
 Sue?
 Terry? Streve? Others?:)
 LDMF.
 --- Code:
 ---
 
 CALIFORNIA CODES
 CIVIL CODE
 SECTION 43-53
 
 
 
 
 43.  Besides the personal rights mentioned or recognized in the
 Government Code, every person has, subject to the qualifications and
 restrictions provided by law, the right of protection from bodily
 restraint or harm, from personal insult, from defamation, and from
 injury to his personal relations.
 
 
 
 43.1.  A child conceived, but not yet born, is deemed an existing
 person, so far as necessary for the child's interests in the event of
 the child's subsequent birth.
 
 
 Subscribe/Unsubscribe, email: [EMAIL PROTECTED]
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 _
 You don't need to buy Internet access to use free Internet e-mail.
 Get completely free e-mail from Juno at http://www.juno.com
 Or call Juno at (800) 654-JUNO [654-5866]
 
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Re: Is a Fetus a Person? /Bill [was LI Any ideas or help would be appreciated]

1998-03-27 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Hi Terry - yes. Yes. In attenuated fashion I just posted related
thoughts to Bill; I hope you get a chance to see it, it should arrive
just a minute before this post. But I think you have said *more*, and
this would be quite important, have you here posited a way the Civil
Code can hold sway, and the criminal case (Ward) could have been so
reasoned?  Stellar.  :) LDMF.

PS: from what is derived your first sentences on murder?  Particular
law, or are you drawing that from the conditional in the statute ("in
the event of the child's subsequent birth")?
[EMAIL PROTECTED] wrote:
 Seems rather clear to me, Linda.  The most extreme case is when a fetus is
 killed which is not covered by 43.1.  That has been found to be murder
 when it is done without the mother's consent.  But if a fetus is to be
 "deemed an existing person, so far as necessary for the child's interests in
 the event of the child's subsequent birth" the child's interests are
 certainly harmed by an attack on the mother.  The interests of the mother
 and fetus are nearly identical in this case.
 
 "Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:
 
 
 H Bill - I am having a bit of trouble finding Susan's post of the civil
 statute. Here are two relevant paragraphs I had clipped out, suggesting
 that an unborn offspring is a child and thus a person, with life and
 liberty rights. The crim case, though, goes to the mothers rights. Do
 you think if the civil statute were to govern in the criminal context,
 the child would have a large interest in the mother'sa interests (in
 being protected)? That could IMO be a bridge between the two, and
 perhaps the legslative intent of both sets of laws comingle here.  Sue?
 Terry? Streve? Others?:)
 LDMF.
 --- Code:
 ---
 
 CALIFORNIA CODES
 CIVIL CODE
 SECTION 43-53
 
 
 
 
 43.  Besides the personal rights mentioned or recognized in the
 Government Code, every person has, subject to the qualifications and
 restrictions provided by law, the right of protection from bodily
 restraint or harm, from personal insult, from defamation, and from
 injury to his personal relations.
 
 
 
 43.1.  A child conceived, but not yet born, is deemed an existing
 person, so far as necessary for the child's interests in the event of
 the child's subsequent birth.
 
 
 Subscribe/Unsubscribe, email: [EMAIL PROTECTED]
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 Best, Terry
 
 "Lawyer - one trained to circumvent the law"  - The Devil's Dictionary
 
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Re: LI Whitewater Grand Jury Sees Records/psych

1998-03-26 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


Hi Sue - here's one of those paragraphs, snipped from your post, which
could keep a bunch of people busy a bunch of years diagramming all the
possible (or reasonably posited) states of mind depicted.  Did she
assist? If so, did she knowingly assist? If she lied, was it a conscious
lie or was she passing on a lie? If she concealed, etc. etc. etc.
Here come the experts on 'putative mental states' and 'psychology of
thought'!

Stretching the controversy a bit? Can't help it, I was bitten by the
*Law//Issues online forum bug*.  :) LDMF.

-Sue Hartigan wrote in pertpart: :-
   Prosecutors are trying to determine if Mrs. Clinton,
   while a private Arkansas attorney, assisted a series of
   fraudulent SL land transactions in the mid-1980s
   carried out by her business partner, the late James
   McDougal. They're also investigating whether she lied
   about her work under oath or tried to conceal documents
   in the Whitewater investigation that was begun during
   her husband's presidency.


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Re: LI Whitewater Grand Jury Sees Records/psych

1998-03-26 Thread Linda D. Misek-Falkoff, Ph.D., J.D.

"Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:


:) Hi Terry -
How did WB know that he was naive? This sentence is false. Cheers!
:)LDMF

[EMAIL PROTECTED] wrote:--

 Well now, Linda, when William F. Buckley was sued for fraud in the operation
 of a family business many years ago he testified that he was too naive to
 know what was going on.  The jury naturally bought his protestations of
 ignorance as any jury would Hillary's.  The answer though to all the deep
 philosophical questions is yes.  I refuse to believe Hillary is an idiot
 like her supporters believe.
 
 "Linda D. Misek-Falkoff, Ph.D., J.D." [EMAIL PROTECTED] writes:
 
 
 Hi Sue - here's one of those paragraphs, snipped from your post, which
 could keep a bunch of people busy a bunch of years diagramming all the
 possible (or reasonably posited) states of mind depicted.  Did she
 assist? If so, did she knowingly assist? If she lied, was it a conscious
 lie or was she passing on a lie? If she concealed, etc. etc. etc.
 Here come the experts on 'putative mental states' and 'psychology of
 thought'!
 
 Stretching the controversy a bit? Can't help it, I was bitten by the
 *Law//Issues online forum bug*.  :) LDMF.
 
 -Sue Hartigan wrote in pertpart: :-
Prosecutors are trying to determine if Mrs. Clinton,
while a private Arkansas attorney, assisted a series of
fraudulent SL land transactions in the mid-1980s
carried out by her business partner, the late James
McDougal. They're also investigating whether she lied
about her work under oath or tried to conceal documents
in the Whitewater investigation that was begun during
her husband's presidency.
 
 
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 In the body of the message enter: subscribe/unsubscribe law-issues
 
 
 Best, Terry
 
 "Lawyer - one trained to circumvent the law"  - The Devil's Dictionary
 
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