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Old 27-November-2005, 05:27 AM
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Default A California couple sues...

A California couple sued the operators of a university of California Berkeley web site designed to help teachers teach evolution, claiming it improperly strays into religion.

It also mentioned that the plaintiffs are not proponents of ID, but they object to the teachings of evolution as scientific fact.

( I just dont understand these people)



http://news.yahoo.com/s/ap/20051126/...NlYwMlJVRPUCUl
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Old 27-November-2005, 05:48 AM
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They're... suing? Suing?

This is getting very ridiculous.
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Old 27-November-2005, 05:55 AM
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But will the case actually be heard? Isn't there a safety mechanism that stops a lot of these frivolous cases getting as far as a proper hearing?
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Old 27-November-2005, 05:57 AM
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With all the real problems left to solve in the world, you'd think people would have better things to do.

Its mindless things like this that make me wonder if the USA is going to collapse into a third world country within the decade.
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Old 27-November-2005, 06:01 AM
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Quote:
Originally Posted by Metricyard
With all the real problems left to solve in the world, you'd think people would have better things to do.

Its mindless things like this that make me wonder if the USA is going to collapse into a third world country within the decade.

Yes me too.....



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Old 27-November-2005, 06:02 AM
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Quote:
Originally Posted by paulie jay
But will the case actually be heard? Isn't there a safety mechanism that stops a lot of these frivolous cases getting as far as a proper hearing?
Not really. It seems that the courts are clogged with pointless lawsuits. If there's money in it for the lawyers, it will go to court.
In California, this case will probably be expedited.
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Old 27-November-2005, 06:02 AM
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Gee whiz - any wonder there are so many lawyers in the USA ...
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Old 27-November-2005, 06:48 AM
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If there's money they will sue...

I wish I wasn't surprised by this, but i've become acustomed to it. One of these days I'm going to sue some of these people making frivolous lawsuits for the undue stress they cause me every time I read about them, especially when they win. I just hope UCB is able to recovery legal fees from these people when it is all done.

One of only two reasons I feel like leaving California. I was born and raised here, and it is truly one of the best places in the world to live, but all of the lawyers and the implications that come with them is getting me fed up.

BTW I'm sure the reason these people are not ID supporters is because they object to the fact that ID is not fundamentalist creationism, basically I've met some of these types of people, they don't support ID because it doesn't go far enough.
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Old 27-November-2005, 06:54 AM
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I know some really fine lawyers.. honest, likeable, really good people... but then stories like this come along and i have to keep a solid grip on my temper. No rational court would even alow this on the docket
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Old 27-November-2005, 07:38 AM
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Quote:
Originally Posted by LurchGS
I know some really fine lawyers.. honest, likeable, really good people... but then stories like this come along and i have to keep a solid grip on my temper. No rational court would even alow this on the docket
I agree. I just had my rounds with lawyers, and they were very nice, knowledgable, and efficient. (Bankruptcy and a lawsuit against a client).
The amount of paperwork sent to me by the lawyers was staggering and extremely complicated. Better them doing it then me.

Now back on topic. Add the fact that the California lawsuit is now a news item, pretty much guarantees it will end up in court. If it doesn't, then the people that started the suit will claim that the government is infringing on their Constitutional rights. It's a no win situation.

I wouldn't be the least bit surprised if this goes to court.
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Old 27-November-2005, 08:05 AM
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What is the chance that UCB will throw in the towel and back down.

In some cases when a suit is brought, the company bean counters say that it would be cheaper to settle out of court, even if the company is in the right.

Here in the UK we have seen schools cancelling school trips, playgrounds closed down and play equipment removed, all because of the fear of litigation.


Maybe the bean counters will have a little word with their webdesigners
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Old 27-November-2005, 08:17 AM
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Quote:
Originally Posted by Metricyard
If there's money in it for the lawyers, it will go to court.
The complainant's lawyer appears to be attorney Larry Caldwell, the husband of the complainant, Jeanne Caldwell.

Wikipedia: "Quality" Science Education for All

Quote:
Larry Caldwell, a pro-Intelligent Design activist and attorney, has been active in bringing litigation in causes favoring the intelligent design movement.
San Jose Mercury News story (may require registration)

Quote:
But the Granite Bay couple who filed the Web site suit, Jeanne Caldwell and her husband, Larry Caldwell, who is representing her in the lawsuit, say they are not proponents of intelligent design. They object to the teaching of evolution as scientific fact.
Oh, but he gets help:

Quote:
The Pacific Justice Institute, a Sacramento non-profit that focuses on religious freedom and parental rights, has joined Caldwell in preparing both lawsuits.
Quote:
"Yes, I'm a Christian,'' said Jeanne Caldwell, "but I would not categorize myself as an ID proponent. I believe God created the world.''
Yeah, sure.
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Old 27-November-2005, 10:38 AM
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Also in Sacramento, we have a fellow who has gone after school districts for the "under God" bit in the pledge and now is trying to get "In God we trust" off of the currency. See here:

http://www.news10.net/storyfull2.aspx?storyid=14267

I don't expect he'll have any more luck than these guys. But there have been plenty of lawsuits over the years in different directions on many aspects of religion and government.
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Old 27-November-2005, 12:37 PM
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Default Re: A California couple sues...

Quote:
Originally Posted by Sticks
What is the chance that UCB will throw in the towel and back down.

In some cases when a suit is brought, the company bean counters say that it would be cheaper to settle out of court, even if the company is in the right.

Here in the UK we have seen schools cancelling school trips, playgrounds closed down and play equipment removed, all because of the fear of litigation.


Maybe the bean counters will have a little word with their webdesigners
So violations of civil rights should be a deal between bean counters and, what, other bean counters?

Go, web designers! I like the idea they're calling a spade a spade. I don't know about the UK, but here we have something called the First Amendment!
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Old 27-November-2005, 03:30 PM
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Quote:
Originally Posted by Maksutov
So violations of civil rights should be a deal between bean counters and, what, other bean counters?

Go, web designers! I like the idea they're calling a spade a spade. I don't know about the UK, but here we have something called the First Amendment!
We are supposed to have freedom of speach here as well, but there was this one guy, the owner of a major tabloid, IIRC, by the name of "Robert Maxwell" who was prone to stifle any said free speech, especially any exposes of his criminal activities, by issueing libel writs left right and centre.

He was robbing the company pension fund to suit his personal lifestyle, but nobody dared to say a word.

Now another little story of bean counters goes back to the Ford motor company. They discovered that one of their cars had a design fault that was lethal. The bean counters said that only a certain amount of accidents would occur, so it would be cheaper not to fix the fault and only pay out of court settlements if an when an accident occurred. However someone minuted this and when a case did come to court, Ford had punative damages imposed on them.

The point is, someone somewhere usually ends up being told by the beancounters that doing the right thing is just not a good use of resources. With public bodies, who are accountable to the tax payer, they tend to take the path of least cost, and if that means treading on free speech, then sorry, "free speech" is too high a cost for the tax payer to bear.

This argument has nothing to do with the merits of evolution, creation or the FSM, at the end of the day it is about money.

Money does not talk, it shouts

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Old 27-November-2005, 03:57 PM
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Quote:
Originally Posted by Metricyard
Its mindless things like this that make me wonder if the USA is going to collapse into a third world country within the decade.
Nobody knows what will happen tomorrow, but if the US does experience a collapse, I would expect fewer frivolous lawsuits...
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Old 27-November-2005, 05:12 PM
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Personaly, I'm all in favor of removing 'under god' from our pledge of allegiance - it was only added in 1954 anyway.

Re Ford and Ralf Nader - Nader picked on Ford because they were the largest motor company around - there were plenty of other cars with equally hazardous records.

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Old 27-November-2005, 06:43 PM
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Now you know why I keep referring to lawyers in The Never-Ending Woo-Woo thread!

BTW, in my custody case for my son, it cost me $2,000 for the psych analysis, and $15,000 for her and my lawyer to figure out a schedule describing when I could call my son. After my lawyer and her lawyer danced around the issue for a month, I finally told my lawyer, "Tell him that it's whenever I damned well feel like it, or I'll pick up my son and refile for divorce in the country in which I'm currently living, and she'll never see him again!"

They relented. News at 11 (in a few months).
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Old 27-November-2005, 08:34 PM
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Quote:
Originally Posted by LurchGS
I know some really fine lawyers.. honest, likeable, really good people... but then stories like this come along and i have to keep a solid grip on my temper. No rational court would even alow this on the docket
A few bad apples that make all lawyers look bad.
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Old 28-November-2005, 06:28 AM
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yeah - of course, the problem here is that these scumsuckers are glory hogs and dance all over the news. Doesn't make me want to hit my head on the wall any less, though.

The only thing worse than one of these lawyers is a politician
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Old 28-November-2005, 09:08 AM
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Quote:
Originally Posted by Sticks
We are supposed to have freedom of speach here as well, but there was this one guy, the owner of a major tabloid, IIRC, by the name of "Robert Maxwell" who was prone to stifle any said free speech, especially any exposes of his criminal activities, by issueing libel writs left right and centre.
If it's truth, it's not libel (and if spoken, it's not slander. Then again, if written, it's not slander either).

However, actually going to civil court over libel is as important as, say, going to court for fraud. If someone spreads lies that hurts another person financially or physically, then it's something that should be prosecutable. It's not because of impeding "free speech" insomuch as punishing someone for harming another person. However, harm has to be proven.

I don't know this case, but I somehow doubt Maxwell had a good case at all
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Old 28-November-2005, 11:26 AM
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Quote:
Originally Posted by Lonewulf
I don't know this case, but I somehow doubt Maxwell had a good case at all
As any of the UK posters will be able to confirm, Robert Maxwell proved to be a nasty piece of work.

The mere threat of a writ was enough to keep people quiet. In the UK there is no legal aid in libel cases, and defending a case can be very very expensive. It is therefore seen, best to keep quiet and let the person keep robbing the pensioners of their pensions,which IIRC is what happened.

With regard to the the UCB case, there maybe some bean counter in there telling the authorities that this case could be quite expensive and therefore is "not worth the candle", better to instruct the web designers to aquiece and settle out of court. It would be far cheaper and a better use of university resources than to fight this case.

That is the equation that comes into play, and it was a similar equation that let Robert Maxwell get away with dispicable practices, which only saw the light of day after his death, when people were finaly safe from writs.

This argument holds whether one is a creationist or evolutionist
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Old 28-November-2005, 12:56 PM
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Perhaps they think it's tit for tat against the atheists suing to have 'god' removed from the pledge and the money.

Remember, they just don't get it. Separation of church and state protects all our freedom while science is science, not politics (except funding and that angle). Courts don't decide what is valid science, the science community does.
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Old 28-November-2005, 02:45 PM
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Quote:
Originally Posted by Metricyard
Its mindless things like this that make me wonder if the USA is going to collapse into a third world country within the decade.
As much as it can be annoying, I do take a little heart in the fact that there's enough spare energy around to pursue this kind of nonsense. No greater sign that the US is anything BUT a third world country but the elevation of the trivial to the level of the controversial.

One of the privileges of having beaten the day to day muddle.
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Old 28-November-2005, 05:51 PM
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Quote:
Originally Posted by beskeptical
Perhaps they think it's tit for tat against the atheists suing to have 'god' removed from the pledge and the money.

Remember, they just don't get it. Separation of church and state protects all our freedom while science is science, not politics (except funding and that angle). Courts don't decide what is valid science, the science community does.

I totally agree........



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Old 28-November-2005, 06:13 PM
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I know some very decent people who are lawyers, and while I'm not quite ready for the they-are-all-scum bandwagon, they do, as a group, seem to have a common and very different way of looking at things that seems to pervade every aspect of their life - including their relationships. It occurs to me that for most people their chosen profession does not have the same kind of influence, at least not to the same degree, over their approach to life. I think it is because practicing law is not about right and wrong, or common sense. It is about THE LAW, and everything about that topic has been removed from the realms of common sense and common people.

And though it may be true that most are sort of normal, as far as lawyers go; there must be an appreciable number who arehow would you say it, . . . questionable - at least given the number of stupid lawsuits.
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Old 28-November-2005, 09:41 PM
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There are those who joined the profession because they like it, because they think they can make a difference....

and those who joined it to make a whole bag of money.

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Old 29-November-2005, 01:20 AM
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Well, i would put it this way, their are so many that join the profession to make a whole bag of money, that the loyal ones who join the profession because they really like it are not even noticed......





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Old 29-November-2005, 03:11 AM
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Apparently one of the main points of law school is to destroy any idealism you might have. Many lawyers enter law school planning to become a public defender or something like that. Very few leave law school with the same idea. They teach you just how bad people can really be. At least that is what a very prominent lawyer I know said. Now that is not to say that every lawyer is a lieing money-grubbers, they are simply pragmatic about the role they play in society.
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Old 29-November-2005, 03:29 AM
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Quote:
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It also mentioned that the plaintiffs are not proponents of ID, but they object to the teachings of evolution as scientific fact.
Wow. As I see others have already mentioned, that is an outright lie. The Caldwells are longtime creationists activists who litigate at a drop of a pin -- any pin. They would legislate too but they don't have the votes in California.
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