Law 101: A 'reasonable person' in an unreasonable world

The law does not attempt to see men as God sees them.
~ Justice Oliver Wendell Holmes
Prologue
What happens to the efficacy of the law when a primary standard of
constitutional review is undermined by the very law itself? Does it
explode? Does it implode? … or does the law just devolve into the
abyss of the lowest common denominator?
What I am referring to is the reasonable man or reasonable person
standard, which is a frequently used legal term that originated in the
development of the common law. The “reasonable person” is a
hypothetical character who is theoretically supposed to represent a
sort of “average” citizen.
The capacity of this hypothetical person to understand matters is
associated with the procedure of making sound legal decisions. The
question “How would a reasonable person act under the same or similar
circumstances” performs a critical role in legal reasoning in areas
such as constitutional law, negligence (torts) and contract law.
The rationale for the reasonable person standard is that the law will
promote the general welfare when it serves its reasonable members, and
thus a practical function of the law is sought, along with planning,
working, or getting along with others. …

Old commies like new face

Pity poor Hillary.
She worked so hard in New Left and Old Left causes in her youth only to
be abandoned by the hard-line Communist Party establishment in favor of
the fresh new face of Barack Hussein Obama, who seems to toe the party
line without even trying – perhaps without even realizing he's doing it.
There are few things more undeniable in life than that the Communist
Party USA has a party line. It has been this way since the days of
Josef Stalin. With Hillary Rodham Clinton having paid her dues years
ago, working with all the right people and all the right causes (or
should that be all the left people and all the left causes), she might
have assumed the support of this small, but highly organized and
disciplined group.
If so, her assumptions have been proven wrong.
The CPUSA is going all the way with Barack Hussein Obama.
How do I know?
Sometimes you have to read between the lines. But let this Google
search of the CPUSA website make your research a little easier.
It shows the People's Weekly World (it was the People's Daily World in
the good old days before the fall …

Obama bill: $845 billion,more for global poverty

Democrat sponsors act OK'd by Senate panel
that would cost 0.7% of gross national product
Barak Obam
Sen. Barack Obama, perhaps giving America a preview of priorities he
would pursue if elected president, is rejoicing over the Senate
committee passage of a plan that could end up costing taxpayers
billions of dollars in an attempt to reduce poverty in other nations.
The bill, called the Global Poverty Act, is the type of legislation,
“We can – and must – make … a priority,” said Obama, a co-sponsor.
It would demand that the president develop “and implement” a policy to
“cut extreme global poverty in half by 2015 through aid, trade, debt
relief” and other programs.
When word about what appears to be a massive new spending program
started getting out, the reaction was immediate.
“It's not our job to cut global poverty,” said one commenter on a Yahoo
news forum. “These people need to learn how to fish themselves. If we
keep throwing them fish, the fish will rot.”
Many Americans were alerted to the legislation by a report from Cliff
Kincaid at Accuracy in Media. He published a critique asserting that
while the Global Poverty Act sounds nice, the …

Gang Warfare In The Military

Exclusive: Gangs Spreading In The Military
CBS News exclusive investigation: Gang activity is is known to be on
the rise in the U.S. military, concerning civilian and military
authorities alike. Thalia Assuras has the story.
Basic training to learn all about America's fighting force. 
(CBS) U.S. Army Sgt. Juwan Johnson got a hero's welcome while home on
leave in June of 2004.
“Not only did I love my son – but my god – I liked the man he was
becoming,” his mother, Stephanie Cockrell, remembers.
But that trip home was the last time his family saw him alive.
When Johnson died, he wasn't in a war zone, he was in Germany.
“He had finished his term in Iraq,” his mother said. “I talked to him
the day before his death. He said, 'Mom, I'm in the process of
discharging out. I'll be out in two weeks'.”
On July 3, 2005, Sgt. Johnson went to a park not far from his base in
Germany to be initiated into the 'Gangster Disciples,' a notorious
Chicago-based street gang. He was beaten by eight other soldiers in a
“jump-in” – an initiation rite common to many gangs.
“My son never spoke of joining …

Don Your Aprons, Light Those Ovens

Judy Bart Kancigor
Semifinal winners Evan Levy and Julie Hession with emcee Brian Malarkey
(left) and Manischewitz VP of Marketing David Rossi (right).Don your
aprons, light those ovens and…go!
Thirty contestants in last month’s Second Annual Simply Manischewitz
Cook-Off semi-finals chopped, seared and sautéed their way for the
chance to compete in the finals, to be held in New York on February 27.
The grand prizewinner will take home a $25,000 prize package, including
a GE Profile kitchen, cash and more.
Three semi-final events were held in Chicago, Philadelphia and San
Francisco. Ten contestants in each area, selected from thousands of
entrants, had one hour to prepare and serve their original recipes,
each using at least one Manischewitz product and containing no more
than eight ingredients.
As one of the judges in the Western competition held on December 20 at
the Hilton Hotel in San Francisco, I sampled all the entries (yum!) and
voted with my peers on taste, appearance, ease of preparation and
originality.
Over 200 onlookers attended the event, free to the public, which
included a kosher lunch and a first-hand look at the contestants as
they donned their aprons and used their allotted hour to produce their

Syria: We'll sue US for arming Israel

Syrian foreign minister says his country to 'punish US' for decision to
impose fresh sanctions against Syrian officials
Associated Press
Syrians are preparing to sue the United States for supplying weapons to
Israel that later killed Syrians during the Second Lebanon War, said
Syria's foreign minister, a day after Washington announced new
sanctions against Damascus. 
Speaking at a press conference with his Iranian counterpart, Manouchehr
Mottaki, Walid Moallem promised that Syria would punish the US for its
decision to impose fresh sanctions against Syrian officials.  
“This time I tell you we will punish the United States … There are
scores of Syrians who became victims during the Israeli war against
Lebanon, they will file lawsuits against America,” which provided
Israel with the weapons, he said.  
'No country more corrupt than US'
On Wednesday, US President George W. Bush, in an executive order, said
he was expanding sanctions against senior government officials in Syria
and their associates deemed responsible for or to have benefited from
public corruption. The order named no specific officials.  
A high ranking Syrian official on Thursday ridiculed Bush's decision,
saying that a country occupying the land of others has no right to hurl
accusations. …