Court Limits Suits Over Pay-Bias

Does big business rule the courts? You be the judge after reading about their ruling on pay-bias suits.

The Supreme Court has ruled 5-4 that the deadline for workers to file a pay-bias complaint under Title VII of the Civil Rights Act is 180 days from the date the decision on their pay is made and communicated to them.

In general, an individual wishing to bring a discrimination lawsuit must first file a complaint with the U.S. Equal Employment Opportunity Commission within 180 days "after the alleged unlawful employment practice occurred."

The question before the Supreme Court was whether the clock on that 180 days restarts each time an employee receives a paycheck that reflects past discrimination.

Lilly Ledbetter was a supervisor at Goodyear Tire and Rubber's plant in Gadsden, Alabama, from 1979 until her retirement in 1998. At first, her pay was in line with the salaries of men, but over time a gap developed between her salary and the pay of male area managers with equal or less seniority. By the end of 1997, Ledbetter was the only woman working as an area manager and was paid $3,727 per month. By comparison, the pay of the lowest paid male area manager was $4,286 per month.

Ledbetter sued in 1998, alleging disparate treatment. The company argued that the suit should be dismissed because Ledbetter failed to file a complaint with the EEOC within 180 days of the previous pay decisions that Ledbetter alleges were discriminatory.

However, Ledbetter argued that the clock on the 180-day deadline restarted after each paycheck that reflected past discrimination. She claimed that each time the company issued her a paycheck, the company demonstrated an intent to discriminate and violated Title VII.

However, the majority rejected her arguments, saying Ledbetter should have filed a complaint after each pay decision.

"Ledbetter should have filed an EEOC charge within 180 days after each allegedly discriminatory pay decision was made and communicated to her," Justice Samuel Alito wrote for the majority. "She did not do so, and the paychecks that were issued to her during the 180 days prior to the filing of her EEOC charge do not provide a basis for overcoming that prior failure."

Saving Money on Ink Cartridges

Most people have a tendency to buy ink cartridges from the same manufacturer as the printer. Since major name brand printers make most of their profit from the replacement cartridges they charge a premium price. How can the average user save money on ink supplies.

One way is to purchase ink cartridges from independent sellers whose product will work just as well as those from the manufacturer. However, wise consumers will save not only money, but heartache as well if they do their homework.

By checking on the reputation of the independent seller, the consumer can avoid poorly made cartridges that not only produce low quality prints but can even damage the printer. If buying online, the consumer can look for testimonials and even search for independent reviews of the seller.

Another option available for consumers is using refillable inks for their cartridges. The downside here is again the quality of the ink along with the possible leaking of the cartridge.

Still another way to save money on printing costs is to use black ink in draft mode whenever possible. Color ink is more expensive and should only be used when printing the final project. Some everyday printing, such like something from the Internet may not require color ink. Use black ink in these cases.

Some consumers will buy ink in bulk as a way to save money. Additionally, if you have a major printing job that requires a lot of ink and want to stick to cartridges, try buying in quantity. Many online retailers offer special prices when several cartridges are ordered at one time.

Does Paris Hilton Deserve Jail Time?

Paris Hilton belongs behind bars, accordint to this analysis by Susan Filan:

No questions about it, Hilton should be behind bars

By Susan Filan
Senior legal analyst

It's about time Paris Hilton learned that rules apply to her too.

Until now, the hotel heiress has lived her life as if the law was a buffet menu from which she could pick and choose which to rules to follow and which to disobey.

On Friday, after she had the audacity to arrive 18 minutes late to her sentencing hearing, a Los Angeles judge ended her a la carte lifestyle and sentenced Hilton to 45 days in prison for violating the terms of her probation. And she won't be allowed to serve her prison sentence at a "camp" for celebrities either. The judge ordered Hilton to surrender on June 5 to Los Angeles County's jailhouse for women, a 2,200 inmate facility. This is one accommodation in which Hilton will not be permitted to order room service, use a cell phone or a Blackberry, or do whatever she wants whenever she wants. She will be allowed outside her cell for one hour a day to shower, watch television in the dayroom with other inmates, or go outside for recreation.

And this is the absolute right result. Justice has been served. Hilton brought this on herself by the choices she has made and by her own behavior. And now she has to pay the price. It’s only fair. Were the judge to have ruled differently, it would have sent a message to our celebrity-worshipping culture that only "regular" folks have to obey the rules.

Just what is Paris’ crime and why should she go to jail?

In January 2007, Hilton was convicted of reckless driving. Her blood alcohol content was .08, which is illegal. Her punishment then was a “get out of jail free” card. She was placed on probation for 36 months, fined $1,500 and ordered to enroll in alcohol education classes. And her driver’s license was suspended.

On January 15, 2007, Paris was caught driving with a suspended license. If your license is suspended, you can’t drive. It’s that simple. On February 27, 2007, Paris was caught driving again at 11:00 at night, license still suspended. She was speeding and she didn’t have her headlights on.

Paris said she did not know her license was suspended, but she had to sign a piece of paper acknowledging the license suspension. Guess what? That piece of paper was in her glove compartment with her signature on it.

Oh, and those alcohol education classes she was supposed to enroll in by February 12th? As of April 17 , she still hadn’t enrolled.

Twice-Convicted Murderer Released

From The New York Times:

OKLAHOMA CITY, May 21 — “It’s like landing on a new planet,” said Curtis E. McCarty, who was freed from death row this month after two convictions for the same murder, and 22 years in prison, 16 of them on death row.

Mr. McCarty, 44, had been scheduled to stand trial yet again on Monday for the killing in 1982 of a police officer’s daughter but was released based on a presumption of innocence after DNA evidence from earlier trials was destroyed.

“This is a real bad situation for everybody involved — for my family, for the victim’s family, for myself, for the local court system, for the people of this community,” Mr. McCarty said in a telephone interview after declining to show up Friday at a news conference at the Capitol featuring his parents and justice advocates calling for a commission to examine wrongful convictions.

Supreme Court: Prisoner Must Die

The Supreme Court reversed a lower court ruling and orders death for inmate.

WASHINGTON - The Supreme Court ruled against a death row inmate Monday who directed his lawyer not to present evidence that could spare him, then argued on appeal that the attorney was ineffective.

The court reversed a 9th U.S. Circuit Court of Appeals decision granting twice-convicted killer Jeffrey Landrigan a hearing on his claim that his lawyer didn’t do enough to ward off the death sentence.

The appeals court should have deferred to lower court rulings against Landrigan, Justice Clarence Thomas wrote for the majority in a 5-4 decision.

Asbestos and Mesothelioma

In our society many people have been being diagnosed with a deadly cancer called mesothelioma, which is a disease of the lining that surrounds vital organs such as the lungs, the abdomen, and the heart. Mesothelioma is caused by exposure to a material we have all heard of called asbestos.

Asbestos was widely used in the late 19th century into the middle of the 20th century, and it was so common because of its fire resistant properties. Studies soon started to show that the dust from asbestos would get into your lungs but your body would not reject it.

Asbestos exposure can cause many health problems but mesothelioma is the worst, and in most cases it is deadly. There are many studies being done trying to find something to help battle against mesothelioma, but at this point the life expectancy after a mesothelioma diagnosis is usually around a year.

One of the major problems with mesothelioma is that you can show no signs or symptoms for years and then whee you do show symptoms and get the diagnosis from the doctor it is usually too late.

Advancements are being made in mesothelioma research and there are high hopes for the near future in at least extending the life expectancy and the quality of life for the patient. Doctors and scientists are working on many prescriptions and radiation treatments to try and aid a mesothelioma patient. If you know that you were exposed to asbestos in the past this is a disease you should learn more about and it can be quite scary and overwhelming.

There are many support groups and counselors that can help someone diagnosed with mesothelioma and understand the different types of this asbestos cancer.

So if you or someone you know is seeking more info on mesothelioma there are many great informational and legal sites that can help you become more educated.

Court Rules Against Mormon in Tax Case

A federal appeals court has dismissed a case in which a Mormon argued his religion should exempt him from Social Security taxes.

SAN FRANCISCO (Reuters) - A U.S. federal appeals court dismissed a case on Monday in which a Las Vegas attorney argued his Mormon religion should exempt him from
Social Security taxes.

"I don't believe in it, I don't like it, I think it is Satanic," Jonathan Hansen said in a telephone interview, adding that to date he has paid his Social Security taxes. "I belong to a religion that will take care of me. I don't need the Social Security system and I don't want it."

"It violates my religious beliefs and it violates the teachings of my church as I interpret them."

The U.S. 9th Circuit Court of Appeals disagreed with such arguments and backed a lower court's dismissal of Hansen's claim.

Courts Swamped by Immigration-Related Felonies

Federal courts along the southern border are swamped with immigration-related felony cases. The problem stems from a Border Patrol decision to send illegal immigrants to court rather than deport them.

From the Associated Press:

During a push to crack down on illegal immigration last fall, Customs and Border Protection floated a plan for New Mexico that would have suspended the practice of sending home hundreds of illegal immigrants caught near the border with Mexico. Instead, these people would be sent to court.

The idea, called "Operation Streamline," was to make it clear that people caught illegally in the U.S. would be prosecuted.

Then New Mexico's federal judges reminded the Border Patrol that they lacked the resources to handle the hundreds of new defendants who would stream into the court system every day.

"We said, 'Do you realize that the second week into this we're going to run out of (jail) space?'" Martha Vazquez, chief judge for the District of New Mexico, recalled telling Border Patrol chief David Aguilar.

"We were obviously alarmed because where would we put our bank robbers? Our rapists? Those who violate probation?" she said.

Border Patrol eventually dropped the idea. Officials said they could not get all the necessary agencies to agree to it.

Supreme Court Throws Out Three Texas Death Sentences

Court cites improper instruction to the juries in tossing out the death sentences of three men on death row in Texas.

Excerpt from MSNBC:

The three 5-4 rulings had the same lineup of justices, with Stephen Breyer, Ruth Bader Ginsburg, Anthony Kennedy, David Souter and John Paul Stevens forming the majority.

"When the jury is not permitted to give meaningful effect or a 'reasoned moral response' to a defendant's mitigating evidence...the sentencing process is fatally flawed," Stevens wrote in Abdul-Kabir's case

Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas dissented.

Impeachment of Cheney Sought

Posted at CommonDreams:

Congressman Kucinich Will Hold Press Conference to Announce Introduction of Articles of Impeachment Relating To Vice President Richard Cheney


WASHINGTON, D.C. — Congressman Dennis Kucinich (D-OH) will hold a news conference tomorrow afternoon to announce the introduction of articles of impeachment relating to the Vice President of the United States Richard B. Cheney.

Where: Cannon Terrace (intersection of Independence Avenue and New Jersey Avenue)
When: Tuesday, April 24, 2007
Time: 12 p.m.

The Team Link Network Affiliate Program

Teamlink Network (TLN), a provider of software that links up advertisers with publishers, offers a flat 25 percent commission, coupled with weekly payments.

TLN’s payment schedule is rare in the affiliate marketplace. Many affiliate programs make you wait for up to 90 days, then you must have a set minimum before they will pay out.

TLN pays commissions every Friday on all new sales collected from the week before, regardless of the amount. They use PayPal when possible or USPS. However, keep in mind if you want a check mailed to you and the amount is less than $25, TLN does charge mailing expenses and any bank fees.

They do pay any and all fees for mailing a check for any amount over $25 in a calendar week. Your best bet is to use PayPal.

The TLN philosophy is the Internet is about people, and webmasters deserve to be adequately compensated, quickly and fairly, for their work.

Another great feature is the TLN Alert Tool, a desktop application that alerts webmasters when they have money waiting for them.

If you have any kind of online presence, including a blog, you can start to earn real money with little effort by becoming a TLN affiliate.

Are sex offenders trolls?

Seems that in Miami-Dade County the Florida Corrections Department thinks convicted sex offenders are trolls. Several are housed under a bridge.

Exerpt:

MIAMI, Florida (CNN) -- The sparkling blue waters off Miami's Julia Tuttle Causeway look as if they were taken from a postcard. But the causeway's only inhabitants see little paradise in their surroundings.

Five men -- all registered sex offenders convicted of abusing children -- live along the causeway because there is a housing shortage for Miami's least welcome residents.

"I got nowhere I can go!" says sex offender Rene Matamoros, who lives with his dog on the shore where Biscayne Bay meets the causeway.

The Florida Department of Corrections says there are fewer and fewer places in Miami-Dade County where sex offenders can live because the county has some of the strongest restrictions against this kind of criminal in the country.

Florida's solution: house the convicted felons under a bridge that forms one part of the causeway.

The Julia Tuttle Causeway, which links Miami to Miami Beach, offers no running water, no electricity and little protection from nasty weather. It's not an ideal solution, Department of Corrections Officials told CNN, but at least the state knows where the sex offenders are.

New York's Outdated Divorce Laws

New York is the only state that does not have no-fault divorce. Couples in that state that want to divorce quickly without blame are out of luck.

From the Associated Press:

New York is the only state that won't allow the speedy dissolution of a marriage without proof that one spouse is somehow at fault, experts say. Adultery is sufficient grounds, but irreconcilable differences are not. "He beats me" (with proof) works, but "We grew apart" doesn't cut it.

The system has been ridiculed as hopelessly outdated, and sometimes results in endless litigation and spouses leaving the state to evade the law. This week, in what some see as more proof of the law's absurdity, a jury denied the bickering Taubs a divorce."I think it's an anachronistic, completely inefficient process," said Bernard Clair, a divorce lawyer.

"Today, divorce is really about dividing an economic partnership. The dirty laundry aspects play no role except to jazz up the clients and distract them from the real issues of the case."Under New York divorce law, couples can split up without either spouse being assigned blame, but only if they first sign a division-of-property agreement and live apart for a year.

Couples who want to end a marriage more quickly than that have been known to lie, move or tarnish their own reputations.If the desire for a divorce is mutual, but neither side wants to wait a year, one common ruse is to have one party take the blame.

A popular ground is "constructive abandonment," in which one spouse alleges the other won't have sex. The other spouse agrees not to contest the allegation.

Not all Dems happy with Military Funding Bill

Not every Democrat is celebrating the passage of the House version of the Military Funding bill. Dennis Kucinich makes his views known in this article found at the video blog Ravel Babel:

Another sore point with Kucinich is that the bill "sets the stage for the privatization of Iraq’s ... oil industry.

"To have the Democratic Party involved in something like that is outrageous," he said. "Furthermore, we should be pushing for the stabilization of Iraq’s food and energy crisis. There’s no talk about that. Basically we’re blaming Iraq for the disaster that the United States and this administration visited upon them. We’re telling them, either they’re going to get their house in order or we’re going to leave. Well, you know what, this approach is wrongheaded and the Democrats should have known better and they should have done better."

Read the Rest

Gonzales losing support

Key Republicans are abandoning support for Attorney General Alberto Gonzales:

Three key Republican senators sharply questioned his truthfulness over the firings last fall of eight federal prosecutors. Two more Democrats on Sunday joined the list of lawmakers calling for Gonzales' ouster.

Several Republicans also urged President Bush to allow sworn testimony from his top aides about their role in dismissing the U.S. attorneys — a standoff threatening to result in Capitol Hill subpoenas of White House officials.

Gonzales faces the toughest test of his two-year tenure at the Justice Department with the release of documents suggesting he was more involved with the firings than he indicated earlier.

More Troubles For Edwards Family

This from CNN:

CHAPEL HILL, North Carolina (CNN) -- Democratic presidential candidate John Edwards said Thursday his wife's cancer has returned but his bid for the White House will continue.

"The campaign goes on," the former senator from North Carolina said at a news conference, contradicting earlier media reports to the contrary.

John Edwards said tests this week had shown his wife, Elizabeth, had cancer in a rib on her right side. He said the cancer is treatable but not curable.

"We are very optimistic about this," he said, noting that the tumor is small in size and has a "relatively minimal presence."

Elizabeth Edwards said she was "incredibly optimistic" and said her expectations about the future were unchanged.

"I expect to do next week all the things I did last week. And the week after that, and next year at the same time," she said.

And she wanted her husband to continue his run for the presidency.

'Bong Hits 4 Jesus'

We think this case made it to the Supreme Court for the message on the sign.

From MSNBC:

WASHINGTON - A high school senior’s 14-foot banner proclaiming “Bong Hits 4 Jesus” gave the Supreme Court a provocative prop for a lively argument Monday about the extent of schools’ control over student speech.

If the justices conclude Joseph Frederick’s homemade sign was a pro-drug message, they are likely to side with principal Deborah Morse. She suspended Frederick in 2002 when he unfurled the banner across the street from the school in Juneau, Alaska.

“I thought we wanted our schools to teach something, including something besides just basic elements, including the character formation and not to use drugs,” Chief Justice John Roberts said Monday.

Tribe's Video Gambling Nixed

From the Houston Chronicle:

COLUMBIA, S.C. — The Catawba Indian Nation may not offer video gambling on its reservation because it would violate a state law prohibiting the games, the South Carolina Supreme Court ruled Monday.

The Catawbas, the only federally recognized tribe in South Carolina, sued in 2005 for the right to offer video gambling, arguing their 1993 land deal with the state allowed it.

A South Carolina law banned video gambling in 2000.

The state contends that the land deal means the tribe's reservation falls under state, not federal, gambling laws. The Catawbas disagree and said they would appeal.

"This is just another round," said tribe attorney Dwight Drake.

Senate Seeking Answers to Attorney Firings

The New York Times reports:

WASHINGTON, March 13 — Senate Democrats vowed today to get explanations, with or without subpoenas, from high Bush administration officials as revelations about the dismissal of federal prosecutors put renewed pressure on the White House.

“Just when we thought our faith could not be shaken any further, it has been,” said Senator Charles E. Schumer, Democrat of New York and a member of the Senate Judiciary Committee. “The latest revelations prove beyond any reasonable doubt that there has been unprecedented breach of trust, abuse of power and misuse of the Justice Department.”

Mr. Schumer was reacting to disclosures by administration officials on Monday that the White House was deeply involved in the decision late last year to dismiss federal prosecutors, including some who had been criticized by Republican lawmakers.

Mr. Schumer, who called over the weekend for the resignation of Attorney General Alberto R. Gonzales, renewed that call today. The senator also said Karl Rove, President Bush’s top political adviser, “should not wait for a subpoena” but should come before Congress at once to tell what he knows about the affair.

So should Harriet E. Miers, the former White House counsel and one-time Supreme Court nominee, “who was deeply involved in this ill-conceived project,” Mr. Schumer said.

Senator Dianne Feinstein, Democrat of California and also a member of the Judiciary Committee, said she had always believed that the attorney general’s office “stood apart from the White House.”

“And now I learn that much of what I had believed, at least about this attorney general’s office, is in fact not the case,” Senator Feinstein said. Predicting that a full inquiry may take a while, she said: “We will go that distance. And we will dig just as deep as is required.”

More of the Story

The Sooner Thought Podcast

Even law watchers have to take a break every now and then, and when we do, we listens to the Sooner Thought Podcast by our good friend Alex.

DISCLOSURE: We're not just saying that; Alex really is a friend of ours, and we're not above plugging for a friend. No money has changed hands, we're doing a favor because he asked nicely and we think his podcast is entertaining, thought-provoking ... well, you get the picture.

We don't know about his choice of guests sometimes, like this Jake numb-nuts from Ravel Babel. Just go check out his site and you'll see what we mean.

Give Alex and his Sooner Thought Podcast a try. You'll never go back.