The FOIA request could only apply to any documents related to her position as an employee of the university. Personal emails can not be covered as relevant under any FOIA. I'm pretty sure personal property is covered under the Fourth and Fifth Amendments.
Paying to sort through them should not be a barrier as that can backfire to others asking for legitimate documents. But, I like the way you think.
The filing fee covers the cost of putting the claim on the docket. The clerk has no control over the contents of the suit or its viability.
Really dude, that is almost as stupid as suing a non-entity.
"Really good lawyers don't seem to have this problem."
Ya, but, half of all lawyers are below average.
""If you are a Palestinian fighting for your rights, they might just kill you."
I bet you would not hold this same view in other areas of the world. What about the rights of criminals to peddle drugs? "
Are you serious? Instead of a rant, I'll just ask if you are familiar with the term, "false equivalence".
Many years ago, I believe it was the early 1990s, I remember a stark headline in the newspaper that brought it home for me. They were keeping score on the number of killed. It was something like 800 Palestinians killed and 2 Israelis. When it got to 1,000, a third Israeli died. Wow, 1,000 to three. Ya.
Then there was the time the Israelis dropped a 500kg bomb on an apartment building because they thought a member of the PLO leadership lived there. He wasn't home but 16 Palestinians that were lost their lives. Was this hombre a bad guy? Well, he did travel to other countries trying to get support for Palestinians.
So fighting back against a government? The Israelis aren't governing the Palestinians. They are the lords and masters over a conquered territory.
That sounds good in theory, however it has one big flaw. Free doesn't put a roof over my head or food in my stomach.
Yes, everyone pays to publish in "prestigious" journals. And those journals charge subscriptions. But the publishers, editors, peer review, clerks, typesetters, etc can't work for free. And the print runs just don't bring in enough advertising.
Moving the operation to a university is just putting the cost on someone else. Many universities have publishing houses. But they don't make a profit or at best, a very small one. Foundations are not in the business of publishing.
I don't have the answer as this is another paradigm from the analogue world to digital. But free is not the answer.
I'm concerned about the lack of service. Publishing notice of the suit in a legal publication in Las Vegas should be insufficient for anyone residing outside of Nevada. It doesn't even appear that Wirsz didn't even try to discover the identity of "Robert" through "RipOff Reports".
Nor was there notice that the plaintiff complied with the Serviceman's Civil Relief Act. Under the act, there can't be a default judgment until the service record has been certified. The onus is on the plaintiff, not the defendant.
It's the cloud for crying out loud. What would you expect? If storing confidential information on someone elses server sounds smart, you're not.
Yes, you could sue under your scenario. That is because you are attributing words to someone that did not say those words. That did not happen to Lohan.
Lohan is a public figure with a reputation for abusing alcohol. Regardless of if she has rehabilitated, she is still fair game for someone to use her past as an example. If she were to succeed, she would need to prove that the Senator said it with actual malice.
The Senator's words were poorly chosen. It is never right to insult someone, especially when they are not involved in the discussion.
If true, then let me say it again.
"It is irrelevant if the Sheriff asked the school or not". A "duty of care" would have no relevance here. The school did not participate in the searches.
Police come with a power of authority. It doesn't matter if they are wrong or not, you may not interfere with that authority. The most laid criminal charge is "resisting arrest", simply because a person has exercised their rights. I'm not agreeing that that is right or not, but that is how the courts have assigned their responsibility to society.
A parent may not give away a child's rights against being searched. Even with a parent present during an interrogation, a child (or the parent) may ask for a lawyer or decide that they do not want to answer more questions.
A parent doesn't replace a lawyer when questioning a juvenile. They are there to understand that a competent voice is required in deciding to answer police questions.
Wrong. School administrators do NOT have the authority to search students. See Safford Unified School District v. Redding, 557 U.S. 364 (2009)
Police may only search someone if they have a reasonable and articulable reason that the person is armed. In that case, they may pat down the outside of the person's clothing. They still need a warrant to search inside pockets except as part of an arrest.
Unless you are being charged with a crime, police may not search your vehicle. They may look in the windows and doors but still need permission from the owner, a warrant, or an arrest to enter the car. If asked, you may deny them permission. Only if something is in plain site may they enter the car without a warrant or permission.
It is irrelevant if the sheriff asked the school or not. Any illegal activity may not be excused because someone without authority did or did not condone it. Even if the school administration condoned it, that would only go to their liability in a civil court.
A grand jury isn't supposed to be fair. It isn't a trial. Grand juries sole duty is to discover and assess if there is sufficient evidence to warrant criminal charges and against whom.
_italic_While less malicious than framing someone, the end result is no less questionable: a cop stuffing drugs into an object for recorded "discovery" later. Either way, it's something no cop should be doing, especially when they're wearing body cameras they can activate at any time._italic_
It is still false evidence and perjury. Introducing false evidence knowingly IS framing someone.
For those who forgot, OJ Simpson was found not guilty because the police were caught fabricating evidence. The worst part was that so many blamed Simpson instead of the police.
Re: Re:
Not entirely true.
Who cares? I care.
I do a lot of part time photography. It became so difficult to get some people to pay that now, until they pay, they only get a thumbnail of the photo. We don't even bother putting a copyright notice over it anymore.
They can d/l the thumbnail, enlarge it, or whatever. But they remain unusable for anything serious. If you want to see the good, HD photo then pay us or come into our office. Paying for my work helps keep a roof over my head, buys my equipment, and will help send my kid to college.
So who cares if you steal my work? I do.