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Case 17-12443 Doc 1 Filed 11/15/17 Page 1 Of
Case 17-12443 Doc 1 Filed 11/15/17 Page 1 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 2 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 3 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 4 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 5 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 6 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 7 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 8 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 9 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 10 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 11 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 12 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 13 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 14 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 15 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 16 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 17 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 18 of 502 Case 17-12443 Doc 1 Filed 11/15/17 Page 19 of 502 1 CYCLE CENTER H/D 1-ELEVEN INDUSTRIES 100 PERCENT 107 YEARICKS BLVD 3384 WHITE CAP DR 9630 AERO DR CENTRE HALL PA 16828 LAKE HAVASU CITY AZ 86406 SAN DIEGO CA 92123 100% SPPEDLAB LLC 120 INDUSTRIES 1520 MOTORSPORTS 9630 AERO DR GERALD DUFF 1520 L AVE SAN DIEGO CA 92123 30465 REMINGTON RD CAYCE SC 29033 CASTAIC CA 91384 1ST AMERICAN FIRE PROTECTION 1ST AYD CO 2 CLEAN P O BOX 2123 1325 GATEWAY DR PO BOX 161 MANSFIELD TX 76063-2123 ELGIN IN 60123 HEISSON WA 98622 2 WHEELS HEAVENLLC 2 X MOTORSPORTS 241 PRAXAIR DISTRIBUTION INC 2555 N FORSYTH RD STE A 1059 S COUNTRY CLUB DRRIVE DEPT LA 21511 ORLANDO FL 32807 MESA AZ -
An Exclusive Member Experience
THE JOURNAL OF THE NASSAU COUNTY BAR ASSOCIATION July/August 2019 www.nassaubar.org Vol. 68, No. 11 Follow us on Facebook NCBA COMMITTEE MEETING CALENDAR Page 22 An Exclusive SAVE THE DATES BBQ AT THE BAR Member Experience Thursday, September 5, 2019 5:30 p.m. at Domus By Ann Burkowsky See Insert and pg. 6 Being a member of the Nassau Coun- ty Bar Association means you are part of JUDICIARY NIGHT the largest suburban bar association in the Thursday, October 17, 2019 country, a thriving organization consisting 5:30 p.m. at Domus of nearly 5,000 attorneys and legal profes- See pg. 6 sionals who strive to successfully build and grow their careers within the legal field. As OPEN HOUSE members of the NCBA you have access to Thursday, October 24, 2019 an array of unprecedented, exclusive mem- 3:00 p.m.-7:00 p.m. at Domus ber benefits that many bar associations do Volunteer lawyers needed not offer. to give consultations. In addition to networking opportunities Contact Gale Berg at (516) 747-4070 or and social events, the NCBA provides its [email protected]. members with the opportunity to meet top legal practitioners, judges, specialists and authorities; take a stand on important WHAT’S INSIDE issues affecting our county and country; and obtain the tools to grow a successful Education/Constitutional Law practice. Academic Freedom: Who And What When asked about the benefit of being Does It Protect? Page 3 a member, NCBA President Richard D. Designated Duty: A University’s Collins shared that, “Being a member of the Photo by Ann Burkowsky Obligation to Students with Mental NCBA is the easiest way for an attorney to Health Issues Page 5 become more involved shaping the future of know is that the NCBA now offers FREE the legal community. -
Honoring a Local Legend
THE TM 911 Franklin Street Weekly Newspaper Michigan City, IN 46360 Volume 36, Number 5 Thursday, February 6, 2020 Honoring a Local Legend by Kim Nowatzke “When you say the name of Charlie Westcott, that brings a smile to my face.” That’s how Larry Gipson, and so many others, feel about the man who was a friend, mentor, coach and so much more to Michigan City youth. Gipson was one of “Charlie’s Kids,” a nickname bestowed upon those under the late Charles Ricardo Westcott’s tu- telage as he served as director of Elite Youth Center, located fi rst on East Fourth Street, then at 318 E. Michigan Blvd., for 37 years. Born on Feb. 15, 1920, in Overton, Va., Westcott would have celebrated his 100th birthday this month. The commu- nity may have lost its local legend when the 84-year-old died on Aug. 27, 2004, but those who knew and loved him still plan to celebrate his day of birth with a Charles R. Westcott Birthday Celebra- tion from 1 to 3 p.m. Saturday, Feb. 15. It will be held at the Charles R. Westcott location at 321 Detroit St., the site of the Boys & Girls Club of Michigan City. During the event, entertainment and refreshments are planned, while attend- ees can share plenty of special “Charlie” memories. “Its purpose is a community-wide recognition and celebration of Charles Westcott,” Allen Williams, another Continued on Page 2 Charles R. Westcott stands in front of Elite Youth Center. THE Page 2 February 6, 2020 THE 911 Franklin Street • Michigan City, IN 46360 219/879-0088 Beacher Company Directory e-mail: News/Articles - [email protected] Don and Tom Montgomery Owners email: Classifieds - [email protected] Andrew Tallackson Editor http://www.thebeacher.com/ Drew White Print Salesman PRINTE ITH Published and Printed by Janet Baines Inside Sales/Customer Service T Becky Wirebaugh Typesetter/Designer T A S A THE BEACHER BUSINESS PRINTERS Randy Kayser Pressman Dora Kayser Bindery Delivered weekly, free of charge to Birch Tree Farms, Duneland Beach, Grand Beach, Hidden Shores, Long Beach, Michiana Shores, Michiana MI and Shoreland Hills. -
APRIL 1992 Vol LVIII No.2
Pm.·ftr1.11tty Acktr ,Ohio Vlct pr11.·ftr.Ed1und l.ftorri1,Vir9inia THE IESTCOTT FARILY QUARTERLY Record sec·ftr.Sharon F.Coltey,&eor9ia Issued qmterly Jamry,April,July,Oct Corr .m-ftrs.fterle lestcatt,lashlngton Noting activities of the Society. Fret Treasarer·ftr.Paul R.Le1ls,Connecticut to 1e1bers, nan-1e1bers $5.00 yearly. &emlogist-Rrs.Edu J.Lewh,Conmticut Editor - Pauline M. Dennis Registrar·ftrs.ftarcella lestcott,Vir9inia 1156 E. 8th ST I Chaphin·ftr .George S.lestcatt,Flarida Rifle, CO 81650 APRIL 1992 Vol LVIII no.2 NATIONAL NEWS WELCOME NEW SSWDA MEMBERS 826 "RS."ELANIE A. DENNISON 95009 WAIKALANIE IA-209 HILILANI HI 96789 827 "· ELAINE "ATHEWSON PEREIRA 181 KENYON AVE. WAKEFIELD RI 02879 828 "'" EVERETT "· HEATH RT. 1 BOX 188B DANBURY NH 03230 829 HRS.BERNICE W. KUHN 1224 HOWELL CT. NEWARK OH 43055 830 HRS.MAXINE ELIZABETH COREY BOX 22 LAWRENCE NS BOS lH CANADA 831 HI" ROBERT J, HADEEN PO BOZ 322 SUNNYSIDE WA 98944-0322 832 H/H LYLE D. VINCENT,Jr. 1100 ANN ST. PARKERSBURG WY 26101 833 H/H HURRAY RAY SMITH RT.2,BOX 29 RED OAK IA 51566 834 H/H STACEY A. HEAD RD 1 BOX 57 HAMPTON NY 12837 835 H. DARRYLL H. VANDETTA 1064 LOMA VISTA DR. LONG BEACH CA 90813 836 H. DYLAN YANDETTA RD 12, BOX 2547 WHITEHALL NY 12887 837 H. W. DANIEL YANDETTA RD 12, BOX 2547 WHITEHALL NY 12887 838 H. DONNA J, HERRICK 802 W. SADDLE PAYSON AZ 85541 839 HRS.GRACE B. ROBERTS PATTY RD. RR 1 BOX 283D DELANO TN 37325 840 H/" ROBIN D. -
Exhibit a Case 1:20-Cv-08899-CM Document 74-1 Filed 05/05/21 Page 2 of 20
Case 1:20-cv-08899-CM Document 74-1 Filed 05/05/21 Page 1 of 20 Exhibit A Case 1:20-cv-08899-CM Document 74-1 Filed 05/05/21 Page 2 of 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE CLEMENTINE COMPANY, LLC No. 1:20-cv-08899-CM d/b/a THE THEATER CENTER; PLAYERS THEATRE MANAGEMENT FIRST AMENDED COMPLAINT CORP. d/b/a THE PLAYERS THEATRE; WEST END ARTISTS COMPANY d/b/a THE ACTORS TEMPLE THEATRE; SOHO PLAYHOUSE INC. d/b/a SOHO PLAYHOUSE; CARAL LTD. d/b/a BROADWAY COMEDY CLUB; and DO YOU LIKE COMEDY? LLC d/b/a NEW YORK COMEDY CLUB Plaintiffs, -against- ANDREW M. CUOMO, in his official capacity as Governor of the State of New York; BILL DE BLASIO, in his official capacity as Mayor of New York City, Defendants. 1. Plaintiffs The Clementine Company, LLC d/b/a The Theater Center; Players Theatre Management Corp. d/b/a The Players Theatre; West End Artists Company d/b/a The Actors Temple Theatre; SoHo Playhouse Inc. d/b/a SoHo Playhouse; Caral Ltd. d/b/a Broadway Comedy Club; and Do You Like Comedy? LLC d/b/a New York Comedy Club for their Complaint against Defendants Governor Andrew M. Cuomo and Mayor Bill de Blasio, allege as follows: 1 Case 1:20-cv-08899-CM Document 74-1 Filed 05/05/21 Page 3 of 20 INTRODUCTION 2. This civil rights lawsuit seeks to vindicate the constitutional rights of free speech and equal protection for the Plaintiff theaters and comedy clubs, which have been subject to unequal closure orders for more than a year. -
The Multiple Sites of Conservative Legal Ideology
University of Massachusetts Amherst ScholarWorks@UMass Amherst Doctoral Dissertations 1896 - February 2014 1-1-2002 Conservative cause advocacy : the multiple sites of conservative legal ideology. Laura J. Hatcher University of Massachusetts Amherst Follow this and additional works at: https://scholarworks.umass.edu/dissertations_1 Recommended Citation Hatcher, Laura J., "Conservative cause advocacy : the multiple sites of conservative legal ideology." (2002). Doctoral Dissertations 1896 - February 2014. 1998. https://scholarworks.umass.edu/dissertations_1/1998 This Open Access Dissertation is brought to you for free and open access by ScholarWorks@UMass Amherst. It has been accepted for inclusion in Doctoral Dissertations 1896 - February 2014 by an authorized administrator of ScholarWorks@UMass Amherst. For more information, please contact [email protected]. mm UMASS/ AMHERST 3 1 2 ti b DEfifi 1224 1 CONSERVATIVE CAUSE ADVOCACY: THE MULTIPLE SITES OF CONSERVATIVE LEGAL IDEOLOGY A Dissertation Presented by LAURA J. HATCHER Submitted to the Graduate School of the University of Massachusetts Amherst in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY September 2002 Department of Political Science © Copyright by Laura J. Hatcher 2002 All Rights Reserved CONSERVATIVE CAUSE ADVOCACY: THE MULTIPLE SITES OF CONSERVATIVE LEGAL IDEOLOGY A Dissertation Presented by LAURA J. HATCHER Approved as to style and content by: Jerome Mileur, Chair .Department of Political Science To the memory of my mother, Beverly Jean Hatcher ACKNOWLEDGMENTS If I were to list all the people who have been helpful while I worked away at this project, I would fill another dozen or so pages. I owe many thanks for support and critical commentary to many academics in the law and society community, public law. -
The Effects of Export Controls on Decisions to Use Or Not Use U.S.-Origin Parts and Components in Commercial Products and the Effects of Such Decisions
RECORD OF PUBLIC COMMENTS NOTICE OF INQUIRY: REQUEST FOR PUBLIC COMMENTS ON THE EFFECTS OF EXPORT CONTROLS ON DECISIONS TO USE OR NOT USE U.S.-ORIGIN PARTS AND COMPONENTS IN COMMERCIAL PRODUCTS AND THE EFFECTS OF SUCH DECISIONS. Publication in the Federal Register: January 5, 2009 (74 FR 263) Comments due April 20, 2009 SOURCE SIGNER(S) OF DATE NUMBER OF COMMENT PAGES UK Export Group for 1. Brinley Salzmann 1/7/09 24 Aerospace and Defense 2. Mitsubishi Electric Tamostsu Aoi 1/8/09 1 Patton Boggs on behalf of 3. Daniel E. Waltz 1/16/09 46 NoblePeak Vision Corporation Unidentified Australian 4. Mike 1/20/09 1 Company Spinner 5. Werkzeugmaschinenfabrik Nicolaus Spinner 1/26/09 3 GmbH 6. Toho Tenax America, Inc. Bob Varga 2/5/09 1 Hohmann & Partner 7. Harald Hohmann 2/12/09 2 Rechtsanwaite 8. TriQuint Semiconductor Jennifer Thompson 2/17/09 9 Regulations and Procedures 9. Technical Advisory Julie La Cross 2/18/09 9 Committee Hyperion Catalysis 10. Kenneth Hutton 2/18/09 6 International Cross Match Technologies, 11. Lisa A. Johnson 2/19/09 4 Inc. Telefonaktiebolaget LM 12. Ulrika Stillman 2/19/09 36 Ericsson Center for Information on 13. Security Trade Control Tsutomu Oshida 2/19/09 9 (CISTEC) SOURCE SIGNER(S) OF DATE NUMBER OF COMMENT PAGES The Confederation of 14. European Businesses Anka Schild 2/18/09 4 Communications & Power 15. Creighton Chin 2/20/09 2 Industries Aircraft Electronics Jason Dickstein 16. Association 2/20/09 13 Aviation Suppliers Jason Dickstein 17. Association 2/20/09 11 Chamber of Industry and 18. -
Princi Ples of Evidence
Princi ples of Evidence younger 7e flip2.indb 1 3/13/19 11:05 AM younger 7e flip2.indb 2 3/13/19 11:05 AM Princi ples of Evidence seventh edition Irving Younger 1932–1988 Michael Goldsmith 1951–2009 David A. Sonenshein Jack E. Feinberg Professor of Litigation, Emeritus Temple University Beasley School of Law Anthony J. Bocchino Jack E. Feinberg Professor of Litigation, Emeritus Temple University Beasley School of Law Jules Epstein Professor of Law and Director of Advocacy Programs Temple University Beasley School of Law Carolina Academic Press Durham, North Carolina younger 7e flip2.indb 3 3/13/19 11:05 AM Copyright © 2019 Carolina Academic Press, LLC All Rights Reserved ISBN 978-1-5310-1481-0 eISBN 978-1-5310-1482-7 LCCN 2018967083 Carolina Academic Press 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com Printed in the United States of America younger 7e flip2.indb 4 3/13/19 11:05 AM Irving Younger 1932–1988 younger 7e flip2.indb 5 3/13/19 11:05 AM younger 7e flip2.indb 6 3/13/19 11:05 AM Contents Preface xxv Table of Cases xxvii Table of Rules, Statutes, and Regulations xlix Chapter 1 · Introduction: The Concept of Evidence 3 Professor Anthony Bocchino 3 Professor Jules Epstein 3 Why Are There Rules and Are They Valid? 4 Michael J. Saks & Barbara Spellman The Psychological Foundations of Evidence Law 5 Chapter 2 · Methods of Proof 7 A. Judicial Notice 7 Rule 201. Judicial Notice of Adjudicative Facts 7 Peirce v. -
Pacific Legal ~~ J Foundation
PACIFIC LEGAL ~~ J FOUNDATION January 10, 2020 Administrator Andrew R. Wheeler VIA CERTIFIED MAIL, RETURN RECEIPT U.S. Environmental Protection Agency Office of Administration Mail Code 1101A 1200 Pennsylvania Ave., N.W. Washington, DC 20460 Re: Petition for Rule Making for Procedures to Govern Clean Water Act Compliance Orders Dear Administrator Wheeler: Section 309( a) of the Clean Water Act authorizes the Administrator of the Environmental Protection Agency to issue compliance orders against landowners and other persons for a variety of alleged violations of the Act. Such orders can impose crushing liability, yet under EPA' s existing regulations, the orders' recipients are entitled to no notice of their impending issuance, nor any opportunity to contest the bases for such orders. The enclosed Petition for Rule Making to Establish Notice- and- Hearing Procedures for Compliance Orders Issued Under Section 309( a) of the Clean Water Act- submitted on behalf of Pacific Legal Foundation as well as Michael and Chantell Sackett, the successful petitioners in Sackettv. EPA, 566 U.S. 120 ( 2012)- would remedy this " due process deficit" in EPA's enforcement practice. The proposed rule would guarantee that persons potentially subject to a compliance order would have the opportunity to defend themselves before the unleashing of such immense coercive and penal power. In addition to honoring the due process rights of compliance order targets, the proposed rule would satisfy the President' s recent order that all such objects of agency enforcement be given an opportunity to be heard " regarding the agency' s proposed legal and factual determinations." Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication." Exec. -
ORAL ARGUMENT REQUESTED No. 18-5353 UNITED STATES COURT of APPEALS for the DISTRICT of COLUMBIA CIRCUIT
USCA Case #18-5353 Document #1781760 Filed: 04/08/2019 Page 1 of 96 ORAL ARGUMENT REQUESTED No. 18-5353 ________________________ UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ________________________ MASSACHUSETTS LOBSTERMEN’S ASSOCIATION, et al., Appellants, v. WILBUR J. ROSS, JR., in his official capacity as Secretary of Department of Commerce, et al., Appellees. _______________________________ On Appeal from the United States District Court for the District of the District of Columbia Honorable James E. Boasberg, District Judge _______________________________ APPELLANTS’ OPENING BRIEF _______________________________ JONATHAN WOOD DAMIEN M. SCHIFF Pacific Legal Foundation JOSHUA P. THOMPSON 3100 Clarendon Blvd., Suite 610 Pacific Legal Foundation Arlington, Virginia 22201-5330 930 G Street Telephone: (202) 888-6881 Sacramento, California 95814 Facsimile: (916) 419-7747 Telephone: (916) 419-7111 Email: [email protected] Facsimile: (916) 419-7747 Email: [email protected] Email: [email protected] Attorneys for Appellants USCA Case #18-5353 Document #1781760 Filed: 04/08/2019 Page 2 of 96 Certificate as to Parties, Rulings, and Related Cases Pursuant to D.C. Circuit Rule 28(a)(1)(A), counsel for Appellants certify as follows: A. Parties The parties to this litigation in the district court were Massachusetts Lobstermen’s Association; Atlantic Offshore Lobstermen’s Association; Long Island Commercial Fishing Association; Garden State Seafood Association; Rhode Island Fishermen’s Alliance; Wilbur J. Ross, Jr., in his official capacity as Secretary of Department of Commerce; Benjamin Friedman, in his official capacity as Deputy Undersecretary for Operations for the National Oceanic and Atmospheric Association; Ryan Zinke, in his official capacity as Secretary of the Department of Interior; Donald J. -
Amicus Briefs When Its Or Its Clients’ Objectives Are Directly Implicated
No. 16-753 In the Supreme Court of the United States Ë MARY JARVIS, SHEREE D’AGOSTINO, CHARLESE DAVIS, MICHELE DENNIS, KATHERINE HUNTER, VALERIE MORRIS, OSSIE REESE, LINDA SIMON, MARA SLOAN, LEAH STEVES-WHITNEY, Petitioners, v. ANDREW CUOMO, IN HIS OFFICIAL CAPACITY AS THE GOVERNOR OF THE STATE OF NEW YORK, ET AL., Respondents. Ë On Petition for Writ of Certiorari to the United States Court of Appeals for the Second Circuit Ë BRIEF AMICUS CURIAE OF PACIFIC LEGAL FOUNDATION, GOLDWATER INSTITUTE, THE FAIRNESS CENTER, PIONEER INSTITUTE, INC., AND EMPIRE CENTER FOR PUBLIC POLICY, INC., IN SUPPORT OF MARY JARVIS, ET AL. Ë JONATHAN WOOD DEBORAH J. LA FETRA Pacific Legal Foundation Counsel of Record 3033 Wilson Blvd. Suite 700 Pacific Legal Foundation Arlington, Virginia 22201 930 G Street Telephone: (202) 888-6881 Sacramento, California 95814 Facsimile: (202) 347-0130 Telephone: (916) 419-7111 [email protected] Facsimile: (916) 419-7747 [email protected] Counsel for Amici Curiae Pacific Legal Foundation, Goldwater Institute, The Fairness Center, Pioneer Institute, Inc., and Empire Center for Public Policy, Inc. i QUESTIONS PRESENTED 1. Does the First Amendment to the United States Constitution prohibit the State of New York from compelling an entire profession, namely individuals who operate family daycare businesses, to accept a mandatory representative for lobbying and contracting with the State over regulations and policies that affect that profession? 2. Is a private party that violates a citizen’s First Amendment rights immune from liability for damages under 42 U.S.C. § 1983 if that party acted with a “good faith” belief that its unconstitutional conduct was lawful? ii TABLE OF CONTENTS Page QUESTIONS PRESENTED.................. -
New Mexico Cattle Growers' Association V
Case 1:19-cv-00988-JHR-SCY Document 24-1 Filed 04/27/20 Page 2 of 48 UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO ) NEW MEXICO CATTLE GROWERS’ ) Case No. 1:19-cv-00988-JHR-SCY ASSOCIATION, ) ) Plaintiff, ) [PROPOSED] v. ) FIRST SUPPLEMENTAL ) COMPLAINT UNITED STATES ENVIRONMENTAL ) PROTECTION AGENCY; ANDREW ) WHEELER, in his official capacity as ) Administrator of the Environmental ) Protection Agency; UNITED STATES ) ARMY CORPS OF ENGINEERS; and R.D. ) JAMES, in his official capacity as Assistant ) Secretary for Civil Works, Department of the ) Army, ) Defendants. ) INTRODUCTION 1. This lawsuit is about the proper interpretation of the term “navigable waters” in the Clean Water Act, 33 U.S.C. §§ 1362(12) and 1362(7). The Clean Water Act imposes severe criminal penalties for unpermitted discharges to “navigable waters.” Permitting is onerous and expensive, costing years of time and hundreds of thousands of dollars on average. What “waters” are “navigable” is thus a major question. In 1986, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Army) adopted regulations (the 1986 Regulations) that interpreted the term “navigable waters” broadly to include extensive non-navigable waterbodies and features upstream of and even isolated from navigable-in-fact rivers and lakes. In 2015, the EPA and the Army replaced the 1986 Regulations with a new regulation (the 2015 Navigable Waters Definition) that reinterpreted “navigable waters” to include some but not all of the non-navigable - 1 - Case 1:19-cv-00988-JHR-SCY Document 24-1 Filed 04/27/20 Page 3 of 48 water features included in the 1986 Regulations.