…statements in lawBecause of the dire consequences of running afoul of the law – being roasted in Camp St jail?! – the rules governing the application of the law to alleged lawbreakers cannot be capricious. In the legal system we’ve inherited from England – called “the Common Law” – that’s why folks have to attend law school for five years before they can even begin PRACTISING the law!!One of the principles Judges have to follow when they consider the facts of the case in front of them is called “STARE DECISIS” – “to stand by that which is decided”. This simply means that our Judges look at cases with similar facts and consider what legal principles were used to decide them. In other words, our Judges follow legal PRECEDENTS.Because in a sense these judicial interpretations BECOME the law, there’s a rule within the stare decisis principle insisting that Judges must only decide on the issues that were presented to them. When they do, these legal principles applied are called the ratio decidendi – “the reason for the decision” and these have to be followed by lower courts on similar cases. They are said to be BINDING. OK, so far?Sometimes Judges, for whatever reason, comment on issues not directly presented to them by the plaintiff – and these comments are called “obiter dicta” – “by the way”. Not surprisingly, they’re not binding on other courts! Now, you Dear Readers must be wondering as to why your humble Eyewitness is subjecting you to this legal lecture so early in the day! Well, it has to do with the long and eagerly awaited decision of Justice George on the GECOM Chairman case, which just came down. Point of the matter is that the plaintiff Gaskin had asked the Court specifically to interpret the stipulations of Art 162 (2) – which President Granger had taken the liberty to interpret in his own idiosyncratic manner to mean that only the names of those qualified to be Judges be submitted. The Court totally rejected Prezzie’s interpretation. Justice George hasn’t issued her written decision as yet, so we don’t know precisely what legal precedents (ratio decidendi) she followed. But as far as this Eyewitness is concerned, after the PPP and PNC, who’d crafted Art 162, had applied it at least five times – contra to Prezzie’s interpretation – it was a case of sine qua non – “the thing speaks for itself”!!Unfortunately, Justice George went on a “detour and frolic” and considered issues NOT placed before her by invoking Art 162 (3) – what happens if the Opposition Leader doesn’t present an “acceptable” list.This is clearly OBITER dicta!! …business opportunities Who says our local business class isn’t quick to sense and seize business opportunities? The smoke hadn’t even cleared at Camp St when one enterprising hollow-block maker announced his blocks were so strong, he could “convert our prison to fortresses” with them! And, of course, make our country “safer”!! The fella claims his HOLLOW blocks, which he modestly – if contradictorily – named “Rock SOLID”, are “smash proof”, “heat resistant” and “fire retardant”! Wow!! Your Eyewitness can just imagine the next step. The shrewd businessman can take a page (a commercial?) from that luggage manufacturer that had a 600 lb gorilla jump all over one of their suitcases to prove how strong they were! Here, he can invite some of those inmates who just torched 12 Camp St, to put his “Rock Solid blocks” to the test!!Better yet, taking a cue from the recent Ministry of Housing exhibition, maybe he can build a model Prison “Fortress” at Lusignan?That’ll kill two birds with one “rock-solid” block!! …where’re the grades?UG’s registration process has started – even though grades for half the faculties, including Law – aren’t out. The underpaid staff is stretched and stressed out.But never mind. $10 million is better spent on the VC’s coronation!!
Phivolcs: Slim probability of Taal Volcano caldera eruption The Spurs have made the playoffs in each of the last 22 seasons, a streak that ties for the longest in NBA history, and there was some speculation about whether he would return.He has won five NBA championships with San Antonio.FEATURED STORIESSPORTSGolden State Warriors sign Lee to multiyear contract, bring back ChrissSPORTSCoronation night?SPORTSThirdy Ravena gets offers from Asia, Australian ball clubsHe said Monday that negotiations are under way. Gretchen Barretto’s daughter Dominique graduates magna cum laude from California college MOST READ The Witcher series prompts over 500,000 reprints of Andrzej Sapkowski’s books LeBron James stretches lead in NBA All-Star Game fan voting San Antonio Spurs head coach Gregg Popovich prepares for Game 5 of an NBA basketball first round playoff series against the Denver Nuggets, Tuesday, April 23, 2019, in Denver. (AP Photo/David Zalubowski)SAN ANTONIO — Coach Gregg Popovich is negotiating a new deal with the San Antonio Spurs.The 70-year-old Popovich just finished his 23rd season with the Spurs.ADVERTISEMENT Will you be the first P16 Billion Powerball jackpot winner from the Philippines? Pagadian on tighter security for 100,000 expected at Sto. Niño feast Sports Related Videospowered by AdSparcRead Next LATEST STORIES Carpio hits red carpet treatment for China Coast Guard Duterte says he will appoint Gamboa as next PNP chief Explosive Gilas Pilipinas not yet at its best, says Tim Cone PLAY LIST 01:45Explosive Gilas Pilipinas not yet at its best, says Tim Cone00:50Trending Articles01:2760-40 sharing ‘fair’ as China will spend for WPS exploration—Esperon02:56NCRPO pledges to donate P3.5 million to victims of Taal eruption00:56Heavy rain brings some relief in Australia02:37Calm moments allow Taal folks some respite03:23Negosyo sa Tagaytay City, bagsak sa pag-aalboroto ng Bulkang Taal01:13Christian Standhardinger wins PBA Best Player award03:05Malakanyang bilib sa Phivolcs | Chona Yu Don’t miss out on the latest news and information. Rockets, Bucks seek to avoid falling into 2-0 holes Eduard Folayang gets new opponent for ONE Manila card View comments
Solon urges Solgen to reconsider quo warranto petition vs ABS-CBN Carpio hits red carpet treatment for China Coast Guard Don’t miss out on the latest news and information. Sports Related Videospowered by AdSparcRead Next Sports Briefs, May, 19, 2019 LeBron James stretches lead in NBA All-Star Game fan voting LATEST STORIES Will you be the first P16 Billion Powerball jackpot winner from the Philippines? “His versatility will provide us a huge boost for our campaign in the upcoming conference,” Blackwater’s interim head coach Aris Dimaunahan told the Inquirer in a previous interview.“[Parks] can play multiple positions and create mismatches for us, which makes him a great addition for us,” he added.Aside from the son of the late PBA star import Bobby Parks, Blackwater will also parade reinforcement Alex Stepheson, who previously played for the Bolts.In the later match, Alaska will try to put a forgettable all-Filipino conference behind it as the Aces parade 35-year-old Chris Daniels in their game against Columbian.Columbian, which went from its cellar-dwelling ways to nearly making the playoffs in the Philippine Cup, will be reinforced by American Kyle Barone, who is also coming off a stint with Saigon Heat in the ABL.ADVERTISEMENT MOST READ Pagadian on tighter security for 100,000 expected at Sto. Niño feast Gretchen Barretto’s daughter Dominique graduates magna cum laude from California college Eduard Folayang gets new opponent for ONE Manila card NCRPO pledges to donate P3.5 million to victims of Taal eruption PLAY LIST 02:56NCRPO pledges to donate P3.5 million to victims of Taal eruption00:56Heavy rain brings some relief in Australia02:37Calm moments allow Taal folks some respite03:23Negosyo sa Tagaytay City, bagsak sa pag-aalboroto ng Bulkang Taal01:13Christian Standhardinger wins PBA Best Player award03:05Malakanyang bilib sa Phivolcs | Chona Yu Phivolcs: Slim probability of Taal Volcano caldera eruption Meralco and Blackwater will unveil souped-up rosters when they clash at the start of the PBA Commissioner’s Cup at Smart Araneta Coliseum in Cubao.Nigerian-American Gani Lawal will spearhead Meralco’s bid this conference.ADVERTISEMENT The Witcher series prompts over 500,000 reprints of Andrzej Sapkowski’s books The Bolts also recently acquired Raymond Almazan, the former Rain or Shine slotman traded to the squad for future picks. Almazan, though, is doubtful due to a calf injury.“We’ve gone quite a few years without a big man who can man the paint, particularly in the all-Filipino conference,” head coach Norman Black said in an interview published on the league’s website.FEATURED STORIESSPORTSGolden State Warriors sign Lee to multiyear contract, bring back ChrissSPORTSCoronation night?SPORTSThirdy Ravena gets offers from Asia, Australian ball clubs“I will say that he’ll definitely help us get better,” he added. “[W]e want to win now, and we want to get a guy who can help us win now.”The Elite have a new player of their own in the 5:45 p.m. clash as they finally suit up their top draft pick Ray Parks Jr. View comments
0Shares0000LONDON, England November 30 – Formula One supremo Bernie Ecclestone on Thursday blasted the controversy surrounding world champion Sebastian Vettel’s Brazilian Grand Prix overtaking manoeuvre as a “joke”.Ferrari had contacted Formula One’s governing body, the FIA, concerning the move by the Red Bull driver during last weekend’s season-ending Brazilian Grand Prix that won him a third successive title. There had been speculation that the manoeuvre could have been illegal and, if so, Vettel could have been sanctioned and thereby stripped of his title in favour of Ferrari’s Fernando Alonso who missed out on the championship by just three points.But Formula One ringmaster Ecclestone said it was a shame that the climax to the season had been overshadowed by the row.“It’s a shame because everything had gone so well,” he told the Daily Telegraph.“It was a super race, a super championship. Now everyone is talking about this. The problem is that no-one knows what is going on.”Earlier Thursday, the respected Autosport magazine said there was “no doubt” at the FIA that Vettel had overtaken legitimately on lap four of the race because a green flag had already been displayed in the yellow flag sector, allowing drivers to resume passing.No team had asked for a review of the incident, it added.“In the rules and regs normally you have to protest,” added Ecclestone.“They (Ferrari) missed that time. Then there is the fact that a green flag was shown, which nobody seems to dispute. It’s a complete joke. What they are saying in that letter is wrong. I don’t think there needs to be any action taken. It’s completely and utterly wrong.”On Wednesday, footage emerged on YouTube which appeared to show Vettel, the youngest triple world champion in history, overtaking Toro Rosso’s Jean-Eric Vergne under yellow flags.Overtaking under caution is outlawed and is usually punished with a drive-through penalty.But in cases where the infringement is not spotted, the sanction is a 20-second penalty handed out retrospectively.Vettel was sixth in Sunday’s rain-lashed race, while double world champion Alonso was second behind McLaren’s Jenson Button.Ferrari said they had wanted the FIA to clarify the rules.“Ferrari asked, by means of a letter, for a clarification from FIA regarding VET’s (Vettel’s) overtaking move on VER (Vergne) during lap 4 of the Brazilian GP,” the Italian team said on its Twitter account @insideferrari.Vettel’s victory had already been overshadowed by claims from Ferrari that Alonso should have been crowned champion, pointing to controversial races in Belgium and Japan to support their argument.Ferrari team principal Stefano Domenicali said that Alonso paid a heavy price for first lap exits in Belgium and Japan where he was shunted out of contention by Lotus duo Romain Grosjean and Kimi Raikkonen respectively.The Italian giants had been further aggrieved when Vettel, accused of blocking Alonso in qualifying in Japan before going on to win the race, escaped with just a reprimand.Vettel refused to get involved in a war of words although he did allude to his rivals’ controversial decision in Texas to change the gearbox on Felipe Massa’s Ferrari in order to allow Alonso to enjoy a starting advantage on the grid.“A lot of people tried to play dirty tricks but we did not get distracted by that and kept going our way and all the guys gave a big push right to the end,” Vettel said.0Shares0000(Visited 1 times, 1 visits today)
But a jury threw out Jumaane’s claims earlier this week. It probably didn’t help Jumaane’s case that his 1999 suspension came when he was found doing paperwork rather than supervising brush clearance, or that he once failed to show up for work for a week without calling. This – on top of the crime of racial harassment itself – is a problem with the LAFD’s historically abusive culture. The department’s bad reputation opens the city up to extortionary claims. And the only way that can be fixed is if there’s some accountability in the department. Since the city won’t actually punish the offenders, then all the LAFD should be responsible for abuses in its ranks. Any time the city has to pay out a settlement for what amounts to collective irresponsibility, all LAFD employees – from the top all the way down – should have to share the cost. WHEN the city of Los Angeles almost paid $2.7 million to dog-food-eating ex-fireman Tennie Piece, cooler heads said: Wait. Yes, there’s a history of racial harassment in the Los Angeles Fire Department, but that doesn’t make every charge of racism valid or every demand reasonable. And now, as if to prove the skeptics right, along comes Jabari S. Jumaane. Jumaane, a 21-year LAFD veteran, sued the department, claiming that suspensions he received for misconduct really resulted from higher-ups punishing him for blowing the whistle on racist colleagues. He wanted more than $7 million. Putting such language into all city union contracts would end the need for all these charges of racism in the LAFD – real and bogus alike.160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set!
Jurgen Klopp Liverpool’s owners Fenway Sports Group have moved swiftly and decisively to appoint the 48-year-old after sacking Rodgers following Sunday’s 1-1 draw at Everton.Klopp has signed a three-year deal and will likely bring with him Bosnian Zeljko Buvac, his assistant both at Dortmund and Mainz before that, and coach Peter Krawietz.In preparation for that the club began a clear-out of many of predecessor Rodgers’ backroom staff earlier in the day.Assistant manager Sean O’Driscoll and first team coach Gary McAllister – who were only brought in over the summer in an overhaul of coaching personnel – have both left their posts.Head of performance Glen Driscoll and head of opposition analysis Chris Davies, who followed Rodgers to Anfield from Swansea in 2012, have also lost their jobs.Former Reds midfielder McAllister has been offered an ambassadorial-type role within the club but has yet to decide whether to take it up.The former Scotland international took training this morning along with one member of staff Pep Lijnders, promoted in the summer from the club’s academy as a player development coach, who has kept his job.It appears the position of head of fitness and conditioning Ryland Morgans, another Rodgers recruit from Swansea, is also safe for now.Jurgen Klopp has agreed to become Liverpool’s new manager and will officially sign his contract when he flies into Merseyside on Thursday evening.All negotiations have been completed with the former Borussia Dortmund boss and confirmation from the club is likely to follow later today.Liverpool’s owners Fenway Sports Group have moved swiftly and decisively to appoint the 48-year-old after sacking Brendan Rodgers following Sunday’s 1-1 draw at Everton.Klopp is expected to sign a three-year deal and is likely to bring with him Bosnian Zeljko Buvac, his assistant both at Dortmund and Mainz before that, and coach Peter Krawietz.In preparation for that the club began a clear-out of many of predecessor Rodgers’ backroom staff earlier in the day.Assistant manager Sean O’Driscoll and first team coach Gary McAllister – who were only brought in over the summer in an overhaul of coaching personnel – have both left their posts.Head of performance Glen Driscoll and head of opposition analysis Chris Davies, who followed Rodgers to Anfield from Swansea in 2012, have also lost their jobs.Former Reds midfielder McAllister has been offered an ambassadorial-type role within the club but has yet to decide whether to take it up.The former Scotland international took training this morning along with one member of staff Pep Lijnders, promoted in the summer from the club’s academy as a player development coach, who has kept his job.It appears the position of head of fitness and conditioning Ryland Morgans, another Rodgers recruit from Swansea, is also safe for now. Liverpool have officially announced Jurgen Klopp as their new manager after the sacking of Brendan Rodgers.All negotiations were completed with the former Borussia Dortmund boss after he flew into Liverpool on Thursday afternoon.There will be a press conference to unveil the new boss at 10am on Friday morning. In a short statement on Twitter the club said: “Liverpool Football Club are delighted to announce Jurgen Klopp has been appointed as the club’s new manager.“The German coach has signed a deal to take the helm at the Reds and will be presented at a press conference at Anfield on Friday morning.” 1 It’s official – Jürgen Klopp is the new manager of Liverpool Football Club #KloppLFC pic.twitter.com/QfAxM9sT97— Liverpool FC (@LFC) October 8, 2015
LOS ANGELES – As Virgin Galactic and Mojave’s Burt Rutan work on developing a passenger-carrying sub-orbital spacecraft, the man behind the $10 million Ansari X Prize insists there are other contenders out there shooting to put the general public into space.Peter Diamandis, co-founder of the X Prize Foundation, said that although the $10 million prize for the first commercial spaceflight was handed out in 2004, there are still a number of teams from that competition working on manned spacecraft.The private spaceflight contest drew 26 teams, but only the winner, Rutan’s SpaceShipOne, ever flew into space.“About a third of the teams never progressed past having a fancy diagram,” Diamandis said. “A third had capable people, but were unsuccessful in raising capital. A third of our teams are very real, very viable and still moving forward.” AD Quality Auto 360p 720p 1080p Top articles1/5READ MOREBasketball roundup: Sierra Canyon, Birmingham set to face off in tournament quarterfinalsSince winning the Ansari X Prize, Rutan has partnered with Sir Richard Branson, founder of Virgin Airlines, to build a fleet of sub-orbital spaceliners that Branson’s latest venture, Virgin Galactic, plans to use to fly tourists into space.On Thursday, at a space conference in Los Angeles, Rutan questioned whether any of the other X Prize teams were still working on affordable space travel.Diamandis said teams still trying to develop spacecraft include Pioneer Rocketplane, based in Oklahoma; Starchaser Industries of the United Kingdom; Toronto-based Canadian Arrow; and Texas-based Armadillo Aerospace.The Ansari family, which provided the financial backing to make the X Prize a reality, has also jumped into the spacecraft development game. The Ansaris, who made money in telecommunications, are working with Space Adventures, the company that helped millionaire Dennis Tito, to develop a spacecraft based on a Russian design.Even if those teams fail to produce a spaceship, they are developing technologies, such as propulsion systems, that could be used in other spacecraft, Diamandis said. “Burt’s view of the world is focused on Mojave and that’s fine, but he’s not the only player,” Diamandis said. “There are seven or eight viable contenders out there.”During his keynote speech before the International Space Development Conference, Rutan also made a dig at Diamandis’ latest venture, the Rocket Racing League. Plans for the league call for racers to use a variation of the Rutan-designed Long EZ, which have been built by airplane enthusiasts since the 1970s.Rutan referred to the league as racing “antique homebuilts.”“I think Burt’s comments were tongue-in-cheek and ignored it,” Diamandis said.Diamandis said the racing league, expected to begin meets next year with semifinals at the annual Reno Air Races and the finals at Diamandis’ X Prize Cup space expo in New Mexico, will spur innovation that will aid personal spaceflight.“One of the biggest problems for spaceflight is low-cost, robust propulsion systems,” Diamandis said. “That’s one of the things the rocket racing league will be developing.”The league will also help inspire kids to pursue careers in rocketry and spaceflight, Diamandis said.The company that is building the racers, Mojave’s XCOR, has ambitions of its own to put people into space.Until the company has the financial wherewithal to build its own spacecraft, the company is focused on working on components for others’ spacecraft and treating its contracts to build such components as research and development funding for its space project, said company president Jeff Greason.“You need engines, tanks and valves. We look for pieces we can develop and then find a customer who needs that part,” Greason said. “I want to make this work so I can go (into space). The only way to make it work is to make it pay.”In another effort to spur the development of space technology, the X Prize Foundation is partnering with NASA to offer a $2.5 million prize contest to develop lunar landing systems.In the Lunar Lander Analog Challenge, competing teams will demonstrate their vehicle’s ability to launch vertically, hover in midair, land on a target more than 100 yards away and then repeat the feat.The contest is part of NASA’s Centennial Challenges, a prize program modeled in part after the Ansari X Prize.“NASA’s Centennial Challenge program is using the tool of prize competitions, so successfully demonstrated by the X Prize, to plant the seeds for future space commercial activities,” said NASA Deputy Administrator Shana Dale. “We’re confident the Lunar Lander Analog Competition will stimulate the development of the kinds of rockets and landing systems that NASA needs to return to the moon, while also accelerating the development of the private sub-orbital space flight industry.”The challenge will take place at the X Prize Cup Expo in Las Cruces, New Mexico, from Oct. 20 to 22.NASA is putting up $2 million of the prize money. Diamandis said another source that he cannot disclose is providing the rest of the prize money.The X Prize Foundation will run the competition. james.skeen@dailynews(661) 267-5743160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set!
Son ban confirmed as Tottenham fail with appeal to overturn red card shining BEST OF Green reveals how he confronted Sarri after Chelsea’s 6-0 defeat at Man City 1 “Just a very small part of his playing days have been spent with the Royals, but he has amassed a medal collection that any player would be extremely proud of, winning almost everything possible during almost 20 years as a professional footballer.“And, off the pitch, one of the nicest, most humble and genuine people you’ll meet in any walk of life. Ronaldo warned Lukaku how hard scoring goals in Serie A would be before Inter move Every time Ally McCoist lost it on air in 2019, including funny XI reactions Where Ancelotti ranks with every Premier League boss for trophies won John O’Shea has been a bit-part player for Reading this season Boxing Day fixtures: All nine Premier League games live on talkSPORT gameday cracker “Happy birthday and thank you for all your efforts during your time at Madejski Stadium, John! We wish you well in the next chapter of your career!” ADVICE REVEALED Oxlade-Chamberlain suffers another setback as Klopp confirms serious injury talkSPORT is your home of live football! Here’s what’s coming up on talkSPORT and talkSPORT 2… tense REVEALED Reading announced he would be hanging up his boots when his contract expires.The club wrote: “A fabulous playing career is coming to a close – today, on his 38th birthday, John O’Shea has announced he is to retire at the end of the season. LIVE ON talkSPORT A fabulous playing career is coming to a close – today, on his 38th birthday, John O’Shea has announced he is to retire at the end of the season. pic.twitter.com/Pmlu3b9xXx— Reading FC (@ReadingFC) April 30, 2019O’Shea left Manchester United to join Sunderland in 2011 and spent seven years at the Stadium of Light, suffering back-to-back relegations to League One before joining Reading last summer.He has played ten times for Reading so far this season, with his most recent appearance coming in February. Millwall vs Bristol City (Tuesday, 7:45pm) – talkSPORT 2Swansea vs Derby (Wednesday, 7:45pm) – talkSPORT 2Barcelona vs Liverpool (Wednesday, 8pm) – talkSPORTEintracht Frankfurt vs Chelsea (Thursday, 8pm) – talkSPORT 2Cardiff vs Crystal Palace (Saturday 5:30pm) – talkSPORT LATEST FOOTBALL NEWS REPLY Berahino hits back at b******t Johnson criticism – ‘I was in a dark place at Stoke’ Premier League Team of the Season so far, including Liverpool and Leicester stars huge blow Former Manchester United defender John O’Shea will retire at the end of the season, his current club Reading have confirmed.The ex-Republic of Ireland international, who turned 38 on Tuesday, came through the ranks at Old Trafford and won five Premier League titles, one FA Cup and the Champions League. no dice Which teams do the best on Boxing Day in the Premier League era?
I’ve seen a few Lenovo ThinkPad X1 Carbons around the office lately and they’re pretty cool. The X1 Carbon is a new Ultrabook that’s also an Intel vPro Platform.The X1 Carbon makes an immediate first impression with its ultra cool and sleek carbon fiber exterior. But as they say, beauty is only skin deep and that’s where the carbon comes into play. You see, carbon fiber is pretty tough stuff. As strong as aluminum with only one third the weight (think Formula 1 cars or the Boeing 787 Dreamliner) carbon fiber is amazingly durable which helps reduce system flex and better protect key components like the display. Speaking of the display, the ThinkPad X1 Carbon’s screen is made from scratch resistant Corning Gorilla Glass. Lenovo says the Thinkpad X1 Carbon has passed eight rugged, military spec tests. One reviewer described the X1 Carbon as “…a G.I. Joe strapped with Kevlar.”The X1 Carbon is the ideal mobile office with a high tech home theatre and mobile video conferencing system all rolled into one. Its Dolby Home Theater v4 delivers clear, crisp surround sound, and it dual-microphones with audio canceling software automatically filter out background noise during conference calls. The ThinkPad X1 Carbon’s 720p high-definition camera has face tracking software so users don’t have to worry about staying on camera.The X1 Carbon comes packed with advanced security features like an encrypted hard drive, an integrated fingerprint reader, Lenovo remote security management and is even pre-loaded with Norton® Internet Security 2011. Also, Because the ThinkPad X1 Carbon is an Intel vPro Platform, it includes hardware enhanced authentication and is able to remotely disable access to data or disable the hardware itself, if lost or stolen.If you’re looking for a system that both users and IT will love, the new Lenovo ThinkPad X1 Carbon Ultrabook should be on your list.