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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 111 CONGRESS, SECOND SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, SECOND SESSION Vol. 156 WASHINGTON, TUESDAY, MAY 11, 2010 No. 70 House of Representatives The House met at 12:30 p.m. and was NET REGULATION WILL HARM turned it over to the private sector and called to order by the Speaker. INVESTMENT AND INNOVATION lifted restrictions on its use by com- The SPEAKER pro tempore (Ms. mercial entities and the public. The f MARKEY of Colorado). The Chair recog- unregulated Internet is now starting to help spur a new technological revolu- MORNING-HOUR DEBATE nizes the gentleman from Florida (Mr. STEARNS) for 5 minutes. tion in this country. Where there were The SPEAKER. Pursuant to the Mr. STEARNS. Madam Speaker, a re- once separate phone, cable, wireless, order of the House of January 6, 2009, cent announcement by FCC Chairman and other industries providing distinct the Chair will now recognize Members Genachowski to impose new, burden- and separate services, we’re now seeing from lists submitted by the majority some regulation on the Internet and on a confluence and a blur of providers all and minority leaders for morning-hour Internet transmission appears to me to competing against each other for con- debate. be a political maneuver to regulate the sumers, offering broadband, voice, Internet. Several weeks ago, he indi- video services, and much more. f cated he was not going to push for net The Apple iPod is a perfect example of the confluence of the Internet, the FISCAL RESPONSIBILITY regulation. -
In the United States District Court
Case 1:13-cv-06802-WHP Document 567 Filed 05/02/16 Page 1 of 17 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE DIAL CORPORATION, et al., Civil Action No. 13-cv-06802-WHP Individually and on behalf of Similarly Situated Companies, Plaintiffs, v. NEWS CORPORATION, et al., Defendants. DECLARATION OF STEVEN F. BENZ IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT Case 1:13-cv-06802-WHP Document 567 Filed 05/02/16 Page 2 of 17 I, Steven F. Benz, declare as follows: 1. I submit this declaration in support of preliminary approval of the settlement reached on behalf of the certified Class and Defendants News Corporation, News America, Inc., News America Marketing In-Store Services L.L.C., and News America Marketing FSI L.L.C. (collectively, “Defendants”). 2. I am a partner with the law firm of Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. (“Kellogg Huber”), which is Co-Lead Counsel for the Class of plaintiffs certified by the Court on June 18, 2015. I am a member of good standing of the District of Columbia, Iowa, Maryland and Minnesota bars, and am admitted to practice before this Court pro hac vice. I have personal knowledge of the matters set forth in this declaration. I became involved in this case at its inception in 2011 and am closely familiar with all aspects of this case since that time. 3. Both Kellogg Huber and I personally have significant experience with antitrust litigation and class actions, including settlements thereof. Copies of my firm’s resume and my personal profile are annexed to this declaration as Exhibit A. -
ALABAMA Senators Jeff Sessions (R) Methodist Richard C. Shelby
ALABAMA Senators Jeff Sessions (R) Methodist Richard C. Shelby (R) Presbyterian Representatives Robert B. Aderholt (R) Congregationalist Baptist Spencer Bachus (R) Baptist Jo Bonner (R) Episcopalian Bobby N. Bright (D) Baptist Artur Davis (D) Lutheran Parker Griffith (D) Episcopalian Mike D. Rogers (R) Baptist ALASKA Senators Mark Begich (D) Roman Catholic Lisa Murkowski (R) Roman Catholic Representatives Don Young (R) Episcopalian ARIZONA Senators Jon Kyl (R) Presbyterian John McCain (R) Baptist Representatives Jeff Flake (R) Mormon Trent Franks (R) Baptist Gabrielle Giffords (D) Jewish Raul M. Grijalva (D) Roman Catholic Ann Kirkpatrick (D) Roman Catholic Harry E. Mitchell (D) Roman Catholic Ed Pastor (D) Roman Catholic John Shadegg (R) Episcopalian ARKANSAS Senators Blanche Lincoln (D) Episcopalian Mark Pryor (D) Christian Representatives Marion Berry (D) Methodist John Boozman (R) Baptist Mike Ross (D) Methodist Vic Snyder (D) Methodist CALIFORNIA Senators Barbara Boxer (D) Jewish Dianne Feinstein (D) Jewish Representatives Joe Baca (D) Roman Catholic Xavier Becerra (D) Roman Catholic Howard L. Berman (D) Jewish Brian P. Bilbray (R) Roman Catholic Ken Calvert (R) Protestant John Campbell (R) Presbyterian Lois Capps (D) Lutheran Dennis Cardoza (D) Roman Catholic Jim Costa (D) Roman Catholic Susan A. Davis (D) Jewish David Dreier (R) Christian Scientist Anna G. Eshoo (D) Roman Catholic Sam Farr (D) Episcopalian Bob Filner (D) Jewish Elton Gallegly (R) Protestant Jane Harman (D) Jewish Wally Herger (R) Mormon Michael M. Honda (D) Protestant Duncan Hunter (R) Protestant Darrell Issa (R) Antioch Orthodox Christian Church Barbara Lee (D) Baptist Jerry Lewis (R) Presbyterian Zoe Lofgren (D) Lutheran Dan Lungren (R) Roman Catholic Mary Bono Mack (R) Protestant Doris Matsui (D) Methodist Kevin McCarthy (R) Baptist Tom McClintock (R) Baptist Howard P. -
Conservation Report Card
2009-2010 CONSERVATION REPORT CARD Evaluating the 111th Congress efenders of Wildlife Action Fund Deducates the public about conservation issues and generates grassroots efforts to ensure that members of Congress and the president hear from constituents on pending legislation and regulations. Defenders of Wildlife Action Fund advocates in Washington, D.C., for legislation to safeguard wildlife and habitat and fights efforts to undermine conservation laws, such as the landmark Endangered Species Act. The Action Fund also publishes the Conservation Report Card to help citizens hold their legislators accountable by providing information on how lawmakers voted on important conservation issues. An online version of the Conservation Report Card, which contains detailed and updated information about key votes, is available at www.defendersactionfund.org Defenders of Wildlife Action Fund is a 501(c)(4) organization with a segregated Section 527 account. © 2011 Defenders of Wildlife Action Fund 1130 17th Street, N.W. Washington, D.C. 20036 Photo: Hawksbill turtle © David Fleetham/naturepl.com FPOCert no. XXX-XXX-000 Printed on 100% post-consumer-waste, process-chlorine-free, recycled paper. he Defenders of Wildlife Action Fund’s 2009-2010 Conservation T Report Card measures the commitment of U.S. senators and representatives to wildlife and habitat conservation during the 111th Congress. It reviews six Senate votes and seven House votes on key conservation issues, providing a clear assessment of how well members of Congress are protecting wildlife and wild lands for future generations. The2009-2010 Conservation Report Card covers votes on important issues such as protecting polar bears, the world’s imperiled wild feline and canine species, and California sea otters; safeguarding wildlife and habitat in sensitive borderlands; addressing the impacts of climate change on wildlife; regulating greenhouse gas emissions; upholding the Endangered Species Act; and drilling for oil off our coasts. -
Election 2006
APPENDIX: CANDIDATE PROFILES BY STATE We analyzed the fair trade positions of candidates in each race that the Cook Political Report categorized as in play. In the profiles below, race winners are denoted by a check mark. Winners who are fair traders are highlighted in blue text. Alabama – no competitive races___________________________________________ Alaska_________________________________________________________________ Governor OPEN SEAT – incumbent Frank Murkowski (R) lost in primary and was anti-fair trade. As senator, Murkowski had a 100% anti-fair trade voting record. 9 GOP Sarah Palin’s trade position is unknown. • Democratic challenger Tony Knowles is a fair trader. In 2004, Knowles ran against Lisa Murkowski for Senate and attacked her for voting for NAFTA-style trade deals while in the Senate, and for accepting campaign contributions from companies that off-shore jobs.1 Arizona________________________________________________________________ Senate: Incumbent GOP Sen. Jon Kyl. 9 Kyl is anti-fair trade. Has a 100% anti-fair trade record. • Jim Pederson (D) is a fair trader. Pederson came out attacking Kyl’s bad trade record in closing week of campaign, deciding to make off-shoring the closing issue. On Nov. 3 campaign statement: “Kyl has repeatedly voted for tax breaks for companies that ship jobs overseas, and he has voted against a measure that prohibited outsourcing of work done under federally funded contracts,” said Pederson spokesman Kevin Griffis, who added that Pederson “wants more protections [in trade pacts] related to child labor rules and environmental safeguards to help protect U.S. jobs.”2 House Arizona 1: GOP Rep. Rick Renzi incumbent 9 Renzi is anti-fair trade. 100% bad trade vote record. -
Top Ten Ethics Scandals 2010
CREW’S TOP TEN ETHICS SCANDALS 2010 1400 EYE STREET NW, SUITE 450 WASHINGTON DC 20005 www.citizensforethics.org CREW’S TOP TEN SCANDALS OF 2010 Laugh ‘Til It Hurts Tickle fights are no laughing matter when they involve a congressman and his staff. Rep. Eric Massa (D-NY) resigned from Congress on March 8, 2010, following allegations of sexual harassment and bizarre behavior. His ever-shifting reasons for stepping down included his resurgent cancer, the toxic atmosphere of Washington, a pending ethics investigation, and, most colorfully, threats from a naked Rahm Emanuel.1 The laundry list of allegations against him paint a picture of a lawmaker out of control, whose crude comments and unpredictable actions had his staff on edge for almost a year.2 Rep. Massa, who lived with some of his staffers, was accused of a host of potential violations of House ethics rules, including groping staff members and using inappropriate language in his office.3 But it wasn’t until an anonymous online comment accused Rep. Massa of soliciting sex from a bartender that Rep. Massa’s staff contacted the office of House Majority Leader Steny Hoyer about the congressman’s behavior.4 When told about the allegations the week of February 8, 2010, Rep. Hoyer gave Rep. Massa and his staff 48 hours to report the matter to the ethics committee or he would do so himself.5 The ethics committee publicly confirmed the investigation into Rep. Massa on March 4, and the congressman announced his resignation on March 5.6 After Rep. Massa’s resignation, Republicans pushed for an investigation into when House Democratic leaders first learned of the allegations against Rep. -
Going to Extremes: the Supreme Court and Senate Republicans’ Unprecedented Record of Obstruction of President Obama’S Nominees
Going to Extremes: The Supreme Court and Senate Republicans’ Unprecedented Record of Obstruction of President Obama’s Nominees Prepared by the Office of Senator Elizabeth Warren Executive Summary This refusal to carry out the basic tasks of government—including the timely confirmation Considering the nomination of a Justice to fill a of public servants—has created a breeding ground vacancy on the nation’s highest court is one of the for new and dangerous Republican extremism. By most solemn and consequential tasks performed by advancing the idea that Senators sworn to uphold the U.S. Senate. The obligation to provide “Advice the Constitution can simply decide not to do their and Consent” is spelled out in the Constitution itself, job for political reasons, they encourage ever more as is the President’s obligation to select a nominee. outrageous behavior from other Republican leaders. The Constitution does not provide for exceptions to Now Republicans compete to demonstrate their own that duty. willingness to disrupt the effective functioning of our government. This extremism is on display daily On March 16, 2016, President Obama met his in the 2016 presidential campaign, but its origins constitutional duty when he nominated Judge Merrick are firmly rooted in the sustained efforts of Senate Garland to fill the vacant seat on the Supreme Court. Republicans to reject President Obama’s legitimacy Even before the President announced his candidate and to abuse Senate rules in an all-out effort to cripple to serve on the Court, however, Senate Republicans the government under his leadership. declared that they would not carry out their constitutional obligation under any circumstances, Senate Republicans are in a unique position to stand no matter who was nominated to fill the vacant seat. -
Filling the D.C. Circuit Vacancies Carl W
University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 2015 Filling the D.C. Circuit Vacancies Carl W. Tobias University of Richmond, [email protected] Follow this and additional works at: http://scholarship.richmond.edu/law-faculty-publications Part of the Courts Commons, Judges Commons, and the President/Executive Department Commons Recommended Citation Carl W. Tobias, Filling the D.C. Circuit Vacancies, 91 Ind. L.J. 121 (2015). This Article is brought to you for free and open access by the School of Law at UR Scholarship Repository. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. INDIANA LAW JOURNAL Volume 91 Number 1 Early Winter 2015 © Copyright 2015 by the Trustees of Indiana University CONTENTS SYMPOSIUM: ACADEMIC FREEDOM FOR THE NEXT 100 YEARS FOREW ORD .............................................................................. Steve Sanders 1 THE SOCIAL VALUE OF ACADEMIC FREEDOM DEFENDED ...... J. PeterByrne 5 ACADEMIC DUTY AND ACADEMIC FREEDOM .............................. Amy Gajda 17 THE REGRETTABLE UNDERENFORCEMENT OF INCOMPETENCE AS CAUSE To DISMISS TENURED FACULTY ............... David M Rabban 39 AAUP 1915 STATEMENT ON ACADEMIC FREEDOM ....................................... 57 ARTICLES THE GOVERNMENT'S LIES AND THE CONSTITUTION ................ Helen Norton 73 FILLING THE D.C. CIRCUIT VACANCIES ...................................... Carl Tobias 121 NOTES INCENTIVIZING THE PROTECTION OF PERSONALLY IDENTIFYING CONSUMER DATA AFTER THE HOME DEPOT BREACH ............................... Ryan F. Manion 143 No ORDINARY FISH TALE: WORKING TOWARD A TRANSNATIONAL SOLUTION TO THE COD CRISIS IN THE GULF OF MAINE ............ Michael Ruderman 165 Filling the D.C. Circuit Vacancies CARL TOBIAS* IN TR OD UCTION ..................................................................................................... -
Judicial Opinion Writing: Gerald Lebovits
JUDICIAL OPINION WRITING For State Tax Judges October 12, 2018 Chicago, Illinois GERALD LEBOVITS Acting Justice, NYS Supreme Court Adjunct Professor of Law, Columbia Law School Adjunct Professor of Law, Fordham University School of Law Adjunct Professor of Law, New York University School of Law Judicial Opinion Writing For State Tax Judges October 12, 2018 By: Gerald Lebovits Table of Contents Gerald Lebovits, Alifya V. Curtin & Lisa Solomon, Ethical Judicial Opinion Writing, 21 Geo. J. Legal Ethics 237 (2008).................................................................................... A Gerald Lebovits, The Legal Writer, Ethical Judicial Writing—Part I, 78 N.Y. St. B.J. 64 (Nov./Dec. 2006) ................................................................................. B Gerald Lebovits, The Legal Writer, Ethical Judicial Writing—Part II, 79 N.Y. St. B.J. 64 (Jan. 2007) ........................................................................................... C Gerald Lebovits, The Legal Writer, Ethical Judicial Writing—Part III, 79 N.Y. St. B.J. 64 (Feb. 2007)........................................................................................... D Gerald Lebovits, The Legal Writer, Legal-Writing Ethics—Part I, 77 N.Y. St. B.J. 64 (Oct. 2005) ........................................................................................... E Gerald Lebovits, The Legal Writer, Legal-Writing Ethics—Part II, 77 N.Y. St. B.J. 64 (Nov./Dec. 2005) ................................................................................. F Gerald -
Federal Judiciary Tracker
Federal Judiciary Tracker An up-to-date look at the federal judiciary and the status of President Trump’s judicial nominations October 23, 2020 Trump has had 225 federal judges confirmed while 25 seats remain vacant without a nominee Status of key positions 25 President Trump inherited 108 federal requiring Senate 41 judge vacancies confirmation As of October 22, 2020: ■ No nominee ■ Awaiting confirmation 157 judiciary positions have opened up ■ Confirmed during Trump’s presidency and either remain vacant or have been filled Total: 265 potential Trump nominations 225 Source: United States Courts Trump has had more circuit judges confirmed than the average of recent presidents at this point Number of Federal Judges Nominated and Confirmed Trump 161 53 2 ■ District court judge ■ Circuit court judge ■ Supreme Court judge Obama 128 30 2 Source: Federal Judicial Center Bush 165 35 Clinton 169 30 2 HW Bush 148 42 2 In three and a half years, Trump has confirmed a higher number of circuit judges as prior presidents in four years Number of Federal Judges Nominated and Confirmed Trump 161 53 2 ■ District court judge ■ Circuit court judge Obama 141 30 2 ■ Supreme Court judge Source: Federal Judicial Center Bush 168 35 Clinton 169 30 2 HW Bush 148 42 2 An overview of the Article III courts US District Courts US Court of Appeals Supreme Court Organization: Organization: Organization: • The nation is split into 94 • Federal judicial districts • The Supreme Court is the federal judicial districts are organized into 12 highest court in the US • The District of Columbia circuits, which each have a • There are nine justices on and four US territories court of appeals. -
United States Courts for the First Circuit 2014 Annual Report
UNITED STATES COURTS FOR THE FIRST CIRCUIT 2014 ANNUAL REPORT United States Courts for the First Circuit 2014 Annual Report TABLE OF CONTENTS Foreword. ........................................................................................................................................ 1 Structure of the Federal Judiciary ................................................................................................... 2 Narrative Reports of the Units of the Court of Appeals Clerk's Office ..................................................................................................................... 4 Office of the Staff Attorneys ............................................................................................... 5 Civil Appeals Management Program .................................................................................. 5 Bankruptcy Appellate Panel ................................................................................................ 7 Libraries of the First Circuit ................................................................................................ 7 Narrative Reports of the Districts District of Maine .............................................................................................................. 11 District of Massachusetts ................................................................................................. 17 District of New Hampshire .............................................................................................. 24 District of Puerto Rico -
Cool & Unusual Advocates
The The INSIDE Law School Practice Makes Perfect: Clinical training gives students The a professional edge. The Family Guy: One professor | T insists that the legal system can HE HE better serve children. Nine maga Lawthe magazine of the new yorkSchool university school of law • autumn 2007 experts debate his ideas. ZI From understanding contract principles to N “ E deciphering federal, state, and local codes OF T and ordinances to negotiating with various HE N parties, the skills I gained during my years Y EW O at the NYU School of Law were invaluable RK in the business world. UN ” IVERSI In 2005, Deborah Im ’04 took time off to pursue a dream: T She opened a “cupcakery” in Berkeley, California, to rave S Y reviews. When she sold the business to practice law again, C H she remembered the Law School with a generous donation. OO L L Our $400 million campaign was launched with another OF L goal: to increase participation by 50 percent. Members A of every class are doing their part to make this happen. W You should know that giving any amount counts. Meeting or surpassing our participation goal would be, well, icing on the cake. Please call (212) 998-6061 or visit us at https://nyulaw.publishingconcepts.com/giving. Nonprofit Org. U.S. Postage PAID Buffalo, NY Office of Development and Alumni Relations Permit No. 559 161 Avenue of the Americas, Fifth Floor New York, NY 10013-1205 autumn 2007, volume X volume 2007, autumn vii Cool & Unusual Advocates Anthony Amsterdam and Bryan Stevenson reveal what compels them to devote their lives to saving the condemned.