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Unalienable Rights Foundation
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Welcome to Unalienable Rights Foundation!


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Supreme Court Decisions
[ Supreme Court Decisions ]

·Takings and Raisins / Horne v. U.S. Department of Agriculture
·The Unalienable Rights Foundation Admonishes COSETO
·2014 Annual Supreme Court Round UP
·2012 Decisions of the Supreme Court
·2011 Annual Supreme Court Round Up
·ABBOTT v. UNITED STATES ( Nos. 09-479 and 09-7073 )
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·Childhood Vaccines ~ 2010-2011 Supreme Court Term
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Unalienable Rights Foundation: Supreme Court Decisions

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 Takings and Raisins / Horne v. U.S. Department of Agriculture

Supreme Court Decisions

Cornell University Law School

Horne v. U.S. Department of

Agriculture

Issues 

Do the Department of Agriculture’s regulations—requiring that a percentage of raisin crops be “reserved” for the government to use to control supply—constitute a taking necessitating just compensation?

Oral argument: 
April 22, 2015

This case presents the Supreme Court with the opportunity to clarify what constitutes a taking. The Hornes argue that the Marketing Order, requiring raisin handlers to deliver a reserve portion of a growers’ crop to the government, constitutes a categorical taking under the Fifth Amendment. The Department of Agriculture, on the other hand, argues that the reserve requirement is simply a time-use limitation that is lawful and does not require just compensation under the Fifth Amendment. This case will have important implications for property owners generally, and will affect the government’s options regarding how to regulate agriculture in ways to protect producers and consumers. 

Questions as Framed for the Court by the Parties 

  1. Whether the government's “categorical duty” under the Fifth Amendment to pay just compensation when it “physically takes possession of an interest in property,” Arkansas Game & Fish Comm’n v. United States, 133 S. Ct. 511, 518 (2012), applies only to real property and not to personal property.
  2. Whether the government may avoid the categorical duty to pay just compensation for a physical taking of property by reserving to the property owner a contingent interest in a portion of the value of the property, set at the government’s discretion.
  3. Whether a governmental mandate to relinquish specific, identifiable property as a “condition” on permission to engage in commerce effects a per se taking.

Posted by editor on Sunday, April 19 @ 03:53:30 MST (1863 reads)
(Read More... | 76236 bytes more | Score: 0)


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 The Unalienable Rights Foundation Admonishes COSETO

Supreme Court Decisions <h1>The Unalienable Rights Foundation Admonishes COSETO [Price Club] for its oppression of:The Bill of Rights / The First Amendment of the U.S. Constitution / The Fourteenth Amendment of the U.S. ConstructionAnd calls for the continued Boycott of COSETO by UARF's members and supporters

The Unalienable Rights Foundation Admonishes COSETO [Price Club] for its oppression of:

The Bill of Rights
The First Amendment of the U.S. Constitution
The Fourteenth Amendment of the U.S. Construction

And calls for the continued Boycott of COSETO by UARF's members and supporters

 

 

UARF Office of Civil Rights
The Unalienable Rights Foundation
P.O.  Box  65002
Virginia Beach, VA 23467-5002
757-818-8003

 

 

07/09/2014 

Costco President and CEO W. Craig Jelinek

Re. Banning Dinesh D’Souza’s latest bestselling book, "America: Imagine the World Without Her," from your stores.

Dear Mr. Jelinek:

We are very please that you rescinded your decision to pull Dinesh D’Souza’s book, "America" from your stores, but we would like for you to know why we offered this, our original response:

The Unalienable Rights Foundation supports the right of any business to make policy decisions that either affect their internal controls or their customer base.

That said, this latest decision to selectively ban a particular book from your inventory does a disservice to your customers insofar as the inconvenience, and secondly, the thought of supporting a business that by this one action, violates the great principles established by our Bill of Rights and its First Amendment.

But that is your decision, and while we may disagree with your company’s philosophy, our philosophy says we have the option to vote with our feet and wallets. 

We will continue to urge our membership and supporters to boycott your stores as you elected to violate the American standard of its people redressing their government for grievances they have against their government in a peaceful manner via petitioning the government in the written expression of speech in a book written by one of those granted that right by the Constitution.

It is written: - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. U.S. Constitution U.S. Con. 1st Amd. (1791). 

You should read the matter of Pruneyard Shopping Center v. Robins, 447 U.S. 74 (1980) to help you understand this principal:

[t]o exercise state-protected rights of free expression and petition on shopping center property does not amount to an unconstitutional infringement of appellants' property rights under the Taking Clause of the Fifth Amendment, appellants having failed to demonstrate that the "right to exclude others" is so essential to the use or economic value of their property that the state-authorized limitation of it amounted to a "taking." Kaiser Aetna v. United States, 444 U.S. 164, distinguished. And there is no merit to appellants' argument that they have been denied property without due process of law, where they have failed to show that the due process test whereby the challenged law must not be unreasonable, arbitrary, or capricious and the means selected must have a real and substantial relation to the objective to be obtained, is not satisfied by the State's asserted interest in promoting more expansive rights of free speech and petition than conferred by the Federal Constitution. Pp. 82-85. 

Please remember for future reference the following: The right to do something doesn’t make doing it right. As it is written

 

As it is written

*David Martin Lindsey / President
The Unalienable Rights Foundation [UARF]
P.O. BOX 65002
VIRGINIA BEACH, VIRGINIA 23467-5002
757-818-8003



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Note: New Page 1

COSTEO's reply to  UARF's Letter

July 10, 2014

Over the past two days, a number of press reports have created a controversy surrounding Costco's decision to pull from sale the book, "America, Imagine a World Without Her", a controversy that we believe is completely unwarranted. Unfortunately, in this time of extreme views…both left and right of the "political aisle"…such controversy has been exacerbated, in part due to the portrayal by some, of the facts surrounding the Company's decision to pull this book from sale.

Here are the facts:

  1. The book in question was brought into 249 Costco locations throughout the United States on or about June 1.
     

  2. Sales during the month of June and into the first few days of July, totaled 3,753 units, or approximately 15 books per Costco location.
     

  3. Consistent with the policy of our book department for thirty years, and based solely on the small number of copies sold during the four-to-five week period, our buyer, on July 1, communicated to the warehouse locations that the book be pulled from sale, and returned to the distributor by July 15. Costco is not a book store. Our book shelf space is very limited. We exercise discipline in the best utilization of that limited space based solely on what our members are buying. We can't carry every title that our members are interested in reading. We are constantly monitoring book sales, and make decisions to pull books off the shelves frequently based on sales volume to make room for other titles. Politics, or controversy over content, do not influence our decisions.
     

  4. While some press articles, blogs, television and cable programs, etc. have suggested that Costco's decision to pull this book was politically motivated, perhaps due to the political views of certain members of senior management, nothing could be further from the truth. Two of the Company's policies since its inception in 1983 are simple and straightforward:

    • Politics, or political controversy over content, do not influence our decision to sell, or not sell, a given book.
       

    • Costco does not make contributions to political candidates or parties…left, center, right or other…period! Costco does not have a political action committee.
       

  5. The political views of Costco's senior management team, Costco's Board of Directors, and Costco's more than 127,000 U.S. employees are varied, and span the entire range of views. While the two company policies mentioned above are clear and unambiguous, we live in America; and we respect the rights of each and every individual to personally support whatever views he or she may have; but we will not allow political beliefs to affect the products we choose to sell.
     

  6. Some have suggested that Costco timed the pulling from sale the book in question to align with the July 2 opening of the book's companion movie. This is unequivocally not true. The book was brought in to Costco to sell. It didn't sell well. In retrospect, we probably should have waited for the movie to be released to see what sales impact it would have. Given yesterday's dramatic sales increase in the book - perhaps due in part to the surrounding controversy - we have chosen to bring back the book.
     

Costco prides itself in the trust and member loyalty earned over the past thirty years. Costco is also proud that our more than 127,000 U.S. employees, and 189,000 employees worldwide, are the best in retail, and are able to earn wages and benefits that far exceed every other major hourly retailer.

Some in the press will continue to "fan the flames." That's what they do. At Costco, we have earned our members' and our employees' trust over the past thirty years by bringing to our members the best quality goods and services at the lowest possible prices; by taking care of our employees; and by being principled and doing what is right. We will continue operating our business in this way. It's what makes us who we are.

Thank you,

Craig Jelinek
CEO


Posted by editor on Wednesday, July 09 @ 16:19:53 MST (3056 reads)
(Read More... | Score: 3)


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 2014 Annual Supreme Court Round UP

Supreme Court Decisions

  2014 Annual Supreme Court Round UP

The Federalist Society
2014 Annual Supreme Court Round Up
 
 

Mr. Noel J. Francisco
Jones Day
Mr. Thomas G. Hungar
Gibson Dunn & Crutcher LLP
and former U.S. Deputy Solicitor General

 
 
 
For more upcoming
 events: Click here
 

  DATE: Friday, July 18, 2014
  TIME: 12:00 noon - 2:00 p.m.

 

  LOCATION: The Mayflower Hotel
                          1127 Connecticut Avenue, N.W.
                          Washington, D.C.

  COST: $50 Member
              $60 Non-Member
              (includes lunch)
Please click here to register online for the 2014 Supreme Court Round Up. You can also choose to pay at the door by completing your registration online. Please include the names of all registrants. 

If you would like to purchase a table, contact Juli Nix at

juli.nix@fed-soc.org for details.

 

The Federalist Society

Posted by editor on Tuesday, July 01 @ 10:11:23 MST (1671 reads)
(Read More... | Score: 0)


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 2012 Decisions of the Supreme Court

Supreme Court Decisions UARF's Annual Supreme Court Round Up
The Federalist Society
2012 Annual Supreme Court Round Up
 
Olson
Hon. Theodore B. Olson

Partner, Gibson Dunn & Crutcher LLP
and Former U.S. Solicitor General

 
 
 
For more upcoming
events: Click here
 

DATE: Friday, July 6, 2012
TIME: 12:00 noon - 2:00 p.m.

 

LOCATION: The Mayflower Hotel
1127 Connecticut Avenue, N.W.
Washington, D.C.

COST: $50 per person (includes lunch)
Please click here to register online for the 2012 Supreme Court Round Up. You can also choose to pay at the door by completing your registration online. Please include the names of all registrants.

If you would like to purchase a table, contact Juli Nix at

juli.nix@fed-soc.org for details.

 

The Federalist Society

Posted by david on Thursday, June 14 @ 08:58:52 MST (1523 reads)
(Read More... | Score: 0)


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 2011 Annual Supreme Court Round Up

Supreme Court Decisions
The Federalist Society
2011 Annual Supreme Court Round Up
 
Estrada
 
Mr. Miguel A. Estrada

Partner,

Gibson Dunn & Crutcher LLP

 
 
 
For more upcoming
 events: Click here
 

  DATE: Tuesday, July 12, 2011
  TIME: 12:00 noon - 2:00 p.m.

 

  LOCATION: The Mayflower Hotel
                          1127 Connecticut Avenue, N.W.
                          Washington, D.C.

  COST: $50 per person (includes lunch)
Please click here to register online for the 2011 Supreme Court Round Up. You can also choose to pay at the door by completing your registration online. Please include the names of all registrants. 

If you would like to purchase a table, contact Juli Nix at

juli.nix@fed-soc.org for details.

 

The Federalist Society

Posted by David on Wednesday, June 29 @ 05:30:39 MST (1281 reads)
(Read More... | Score: 0)


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 ABBOTT v. UNITED STATES ( Nos. 09-479 and 09-7073 )

Supreme Court Decisions

 

A defendant is subject to the highest mandatory minimum specified for his conduct in §924(c), unless another provision of law directed to conduct proscribed by §924(c) imposes an even greater mandatory minimum. Pp. 5–18.

 

ABBOTT v. UNITED STATES ( Nos. 09-479 and 09-7073 )

No. 09–479, 574 F. 3d 203; No. 09–7073, 329 Fed. Appx. 569, affirmed.

For full article

To Send Us A Comment


Posted by david on Monday, November 15 @ 11:22:38 MST (1458 reads)
(Read More... | Score: 0)


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 Is There Such a Thing as a Judicial Taking?

Supreme Court Decisions

The Robert's Court Is Not So Conservative

Is There Such a Thing as a Judicial Taking?

The Robert's Court action clearly indicates there is and clearly says the Supreme Court is not conservative at all.

The Lessons of the Supreme Court’s Ruling in Stop the Beachfront Renourishment, Inc. v. Florida Department of Environmental Protection, et al.

The 2010 United States Supreme Court decision in Stop the Beach Renourishment v. Florida Dept. of Environmental Protection, et al.

In this matter, the Florida Supreme Court was accused of invoking "nonexistent rules of state substantive law" to reverse 100 years of uniform holdings that littoral rights are constitutionally protected - while the Supreme Court unanimously rejected this argument, what questions remain open for debate as a result of the decision?

Can a state Supreme Court cause a "judicial taking" proscribed by the U.S. Constitution?

Is a property owner entitled to due process before a state court materially changes its common law of property?

Are there constitutional limits on a state's authority to restore stormeroded beaches?


Posted by david on Friday, October 15 @ 08:54:32 MST (1252 reads)
(Read More... | Score: 5)


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 Childhood Vaccines ~ 2010-2011 Supreme Court Term

Supreme Court Decisions

Controversial Issue on the Docket

Childhood Vaccines

The Court will address whether the National Childhood Vaccine Injury Act, or NCVIA, bars personal injury claims based on design defects of a vaccine. In the case of Bruesewitz v. Wyeth, No. 09-152, the parents of a Pittsburgh girl claim that their daughter developed a seizure disorder from a vaccine she received at six-months old. The circuit court of appeals held that the lawsuit was foreclosed by the NCVIA. The Supreme Court’s decision could significantly impact the pharmaceutical industry’s exposure to civil liability.


Posted by david on Tuesday, September 21 @ 01:50:06 MST (1258 reads)
(Read More... | Score: 0)


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 Religion~ Supreme Court 2010~2011 Term

Supreme Court Decisions

Controversial Issues on the Docket

Religion

In the consolidated cases of Arizona Christian School Tuition Org. v. Winn, No. 09-987 and Garriott v. Winn, No. 09-991, the Court will consider an Arizona law that provides dollar-for-dollar tax credits for donations to school tuition groups. Because many religious schools run the school tuition groups and award the scholarships on condition that the recipients attend a religious school, certain residents contend the system encourages taxpayers to make donations to religious, as opposed to nonreligious, organizations. The Court may determine whether the effects of the Arizona system constitute a violation of the First Amendment, although the Court must first determine whether the taxpayers have the right to challenge a state program that does not involve the spending of any tax dollars.

In Sossamon v. Texas, No. 08-1438, the Court will determine whether an individual may sue a state or state official for damages under the Religious Land Use and Institutionalized Person Act, or RLUIPA. Prisoner Harvey Sossamon filed a lawsuit against the state of Texas and a prison warden, claiming that he was denied access to a prison chapel in violation of RLUIPA. The Court will resolve a split among the circuit courts of appeals concerning whether a state prisoner may file an action under the federal RLUIPA law.


Posted by david on Tuesday, September 21 @ 01:28:04 MST (1274 reads)
(Read More... | Score: 0)


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 Copyright ~ Supreme court 2010 - 2011 Term

Supreme Court Decisions

Controversial Issues on the Docket

Copyright Law

In Costco Wholesale Corp. v. Omega, S.A., No. 08-1423, the Court will examine the applicability of the “first sale doctrine” of the Copyright Act to imported goods. Under the “first sale doctrine” of Section 109(a) of the Copyright Act, a purchaser of certain copyrighted material may transfer goods without obtaining permission of the original copyright holder. Costco purchased Swiss-made Omega watches from foreign distributors, and then resold these goods at a below-market price in the United States. Omega claimed that its watches, which have a small copyrighted logo, are protected by Section 602(a) of the Copyright Act, which bans importation of copyrighted works without the owner’s permission. The Court’s decision could have far reaching effects on secondary markets of copyrighted goods, such as eBay and Amazon.

Editor's note: Of all the cases before the court this is one in MHO is total bull.  The mere sale of the watches in the instant matter by Omega to a distributor was on its face consent for the distributor to sell the goods for after all that is what a distributor does.  There was an implied warrant by Omega - Fitness for particular purpose. — Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods,  an implied warranty that the goods shall be fit for such purpose. In this matter goods for resale in a foreign market.


Posted by david on Monday, September 20 @ 17:26:28 MST (1454 reads)
(Read More... | Score: 0)


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     Big Story of Today
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     Old Articles
Monday, September 20
· Immigration ~ Supreme Court 2010-2011 Term
· Freedom of Speech ~ Supreme Court 2010–2011 Term
· Kagan to Rescue Herself from 12 Cases
Wednesday, April 28
· Stevens, J., dissenting SALAZAR v. BUONO ( No. 08-472 )
· Scalia, J., concurring in judgment SALAZAR v. BUONO ( No. 08-472 )
· Chief Justice Roberts concurring SALAZAR v. BUONO
· SUPREME COURT OF THE UNITED STATES SALAZAR v. BUONO ( No. 08-472 )
· High court rules Mojave cross can remain
Friday, April 23
· Our apologies for this egregiously delayed edition
Thursday, April 22
· UNITED STATES v. STEVENS ( No. 08-769 ) Syllabus
Friday, May 01
· Souter Plans to Retire From Supreme Court
Friday, September 19
· ELECTIONS, CAMPAIGN FINANCE, FIRST AMENDMENT, EQUAL PROTECTION


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