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阅读笔记——还需要一次内战的美国  

2015-08-19 16:53:48|  分类: 评论-法治 |  标签: |举报 |字号 订阅

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关键词:法律,案例,美国

2015818 星期二 23:24:54

案件,法律,美国

USA Today, July 23, 2015


原告与被告达成和解协议,媒体不甘心无法牟利谋名,西班牙血统的法官仇名人,批准公开协议,何干正义公平?


Bill Cosby finally tripped on his own words. Now, the public can judge what actually happened between the comedian and more than two dozen women who’ve accused him of sexually assault- ing them, often after they had been drugged.

 

U.S. District Judge Eduardo Robreno

the Associated Press

 

Opposing view

While Robreno didn’t base his decision entirely on objections to Cosby’s status as a “public moralist,” his ruling makes clear that this was a central focus. Unsealing documents without finding they had been improperly sealed will make litigants less willing to rely on this procedure. Once this tool is limited, the civil justice system’s backlog will expand, and legitimate claimants will find justice delayed or denied. Unless government or taxpayer funds are involved, courts don’t reopen cases after they are sealed. A “public safety” pretext to reopen cases would throw out the baby with the bathwater. About 95% of civil cases end up settling without trials. Sealing them is a significant inducement to settle. A “public safety” standard to prevent sealing would harm our already overwhelmed legal system, adding years-long delays. Forcing unnecessary trials would cause litigants with weak but truthful claims to drop them rather than risk a loss against wealthy defendants. Punishing victims and over-loading our legal justice system are too high a price to pay for prying eyes.

 

Horace Cooper is co-chairman of Project 21, a national network of conservative black Americans.

 

我支持同性恋婚姻,因为它不妨碍我,事实上对普通人有利,起码不会花了那么多钱财和精力,却发现对象是同性恋,离婚代价太大,鱼死网破又不值得,但我开店为什么不能选择顾客,不基于肤色已经是特例,历史遗留问题,我就得问凭什么?一个案子赔13.5万美元,就为了蛋糕,该地只有一家蛋糕店?假设是白人拒绝为黑人服务,不知道会怎么判,135万美元?在这种情况下,若我过不下去,我的选择就是杀了那对同性恋、法官或官员,甚至路人。


2015819 星期三 07:51:32

案例,同性恋,法治,美国

A recent poll conducted by the Newseum Institute found that only 38% of Americans say businesses providing wedding services should be required to serve same-sex couples despite their religious objections, down from 52% in 2013. The court often tends to follow public opinion.

 

?The former owners of Sweet Cakes by Melissa in Gresham, Ore., were ordered this month to pay $135,000 to a lesbian couple for emotional suffering after they were refused a wedding cake.

?Arlene’s Flowers of Richland, Wash., was sued for refusing to create floral arrangements for a gay wedding. The florist lost and has asked the state Supreme Court to hear its appeal.

?Hands On Originals, a Chris tian outfitter in Lexington, Ky., was sued for refusing to print T-shirts for a gay pride festival. The county human rights commission ruled against its owner, Blaine Adamson, but a county court reversed that decision this year. Kentucky has no anti-discrimination law.

?Liberty Ridge Farm in Schaghticoke, N.Y., was sued after owners Robert and Cynthia Gifford refused to host a lesbian couple’s wedding. The state Division of Human Rights ruled against the couple, and the case is before an appellate court in Albany.

 

Twenty-two states have laws barring discrimination based on sexual orientation; 21 have laws protecting religious freedom. Two states, Indiana and Arkansas, enacted religious freedom laws this year. Michigan protected adoption agencies that deny gay couples for religious reasons. North Carolina protected magistrates and others who cite religious beliefs in refusing to marry same-sex couples. North Carolina protected magistrates and others who cite religious beliefs in refusing to marry same-sex couples. (8A)


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