Fighting Lawsuit Abuse and Exposing Frivolous Lawsuits
Issue 31 - September 15, 2003
In this Edition:
Legal Reform: Environmental Litigation Threatens Endangered Species
Tort Du Jour: In this Reparations Case, the Slaveowners Sue the Slaves
Testimony: If Its Commercial, Its Not Free
A federal district court decision ordering
the Army Corps of Engineers to reduce water levels from the Missouri
River dams so piping plovers, least terns and pallid sturgeons
can breed on sandbars threatens to decimate the river's shipping
industry, endanger water quality and reduce water supplies and
power for communities in downstream states.
The environmental litigation craze dates
to the Clinton Administration. In 2000, Clinton's FWS Director
Jamie Rappaport Clark was forced to place a moratorium on 25
endangered species under consideration for protection so she
could handle a flood of court orders. Calling it a "biological
disaster," she protested that litigation "has turned
our priorities upside-down. Species that are in need of protection
are having to be ignored."
A group of Egyptians in Egypt and Switzerland are making plans to sue Jews everywhere but especially in Israel, claiming the Israelites led by Moses and Aaron stole "trillions" of tons of gold from Egypt during the Biblical Exodus.
This is, of course, the story in which the enslaved Israelis fled Egypt under God's instruction.
According to a translation provided by the Middle East Media Research Institute, the August 9, 2003 edition of the Egyptian weekly Al-Ahram Al-Arabi featured an interview with Dr. Nabil Hilmi, Dean of the Faculty of Law at the University of Al-Zaqaziq. In the interview, Dr. Hilmi says that Jews leaving Egypt under Moses and Aaron stole not only gold and jewels, but cooking utensils.
Uncongruously, Hilmi takes time to wish "peace" to Moses and Aaron as he recounts the two men organizing what Hilmi calls "greatest collective fraud history has ever known."
Hilmi also claims that enslaving the Jews was a great trial to the Egyptians: "A police investigation revealed that Moses and Aaron, peace be upon them, understood that it was impossible to live in Egypt, despite its pleasures and even though the Egyptians included them in every activity, due to the Jews' perverse nature, to which the Egyptians had reconciled themselves, though with obvious unwillingness."
Hilmi, however, is not completely unreasonable.
He's willing to allow Jews 1,000 years to pay, as long as accumulated
interest is paid.
"Some overseas shoe-factory workers may benefit temporarily from the legal settlement announced Friday between Nike Inc. and labor activist Marc Kasky. We wish we could say as much for free speech in the United States. Kasky sued the Beaverton-based athletic-apparel company under California's truth-in-advertising law. His basic argument was that Nike lied in describing its efforts to improve worker conditions in factories where it does business. Even though no court ruled on the substance of Kasky's claim, Nike appealed to the U.S. Supreme Court, arguing that this misapplication of the advertising law deprived the company of its First Amendment right to defend itself in a political debate. Nike was right, but the court wrongly declined to hear the case in June, presuming it could get to it later, if necessary, once lower courts had ruled. That's a nice theory if it's not your money paying the lawyers. Nike decided, instead, to settle. The company will add $1.5 million to its factory improvement efforts -- and then shut up. It's that second part that should bother everyone. Justice Sandra Day O'Connor argued back in June that the California law as interpreted by the state's Supreme Court was an immediate threat to free speech. Subsequent events have proved her right."
-"Free Speech Loses a Round," Editorial, The Oregonian, September 13, 2003 at http://www.oregonlive.com/editorials/oregonian/index.ssf?/base/editorial/1063454631187750.xml
|Original articles in this edition of Legal Briefs may be reprinted provided source is credited.|