Notre Dame law professor reflects on legacy of Justice Scalia

first_imgIn the midst of the fight in Washington over the nomination of Judge Merrick Garland to the Supreme Court following the death of Justice Antonin Scalia, the Young Americans for Freedom hosted the O’Toole Professor of Constitutional Law at Notre Dame, Anthony J. Bellia Jr., to discuss the legacy of Justice Scalia, a man who Bellia called the “the second most influential conservative of the twentieth century behind Ronald Reagan.” Chris Collins | The Observer Anthony J. Bellia Jr., former clerk for Supreme Court Justice Antonin Scalia, explores the lingering implications of Scalia’s death on future Supreme Court rulings in a lecture Wednesday night.Bellia said there were major differences between the Federalists, who supported the implementation of a strong court, and the Anti-Federalists who feared the power of an unelected body with such great sway.“Justice Scalia, in a sense, was the modern day torchbearer of the argument that courts should have a self imposed limited role in the way that they decide cases,” Bellia said.“Justice Scalia’s primary legacy is that he was a proponent, of when it came to the constitution, giving effect to its original meaning, how is the constitution understood as a public matter at the time it was adopted, when it came to statutes, he was in favor of textualism,” Bellia said.Bellia said Scalia’s approach approach towards interpreting the constitution, followed a doctrine called “original public meaning.”Scalia believed, according to Bellia, that “what is relevant is not the intent of those who drafted it, it’s the meaning that the public would’ve understood it to have when it was ratified.”“As he applied this approach throughout the years, it led him to many results that were not particularly conservative or liberal,” Bellia said. “There are many opinions he wrote enforcing constitutional rights in a way that reached quite liberal outcomes.”Bellia said Scalia believed in textualism.“When it came to interpreting statutes, not the constitution but acts that are passed by congress, you have a similar debate, but not exactly the same one, Justice Scalia was a textualist, he believed that federal judges should try, in interpreting federal statutes, to give them a meaning that reflected the natural or ordinary meaning of the textual language,” Bellia said. Bellia said the vacant bench on the court left by Scalia’s death could have significant effects on U.S. law.“There are a whole series of cases dealing with congressional power, they are big cases and they were all decided 5-4, with four justices in dissent all saying that if we get the votes, were going to overturn this.  On many issues the court is 4-4, if Judge Garland is confirmed … those cases I predict will all flip,” Bellia said. Tags: Scalia, Supreme Court, young americans for freedomlast_img read more

NBA Draft: Lakers GM Mitch Kupchak says team would need “heck of an opportunity” to trade No. 2 pick

first_img“You have to weigh it against who you would get as the second pick. We’re a little bit impatient,” said Kupchak, mindful the Lakers missed the playoffs for two consecutive seasons. “So if you came across something that made your team better quicker, that would probably be a veteran. That’s something you would consider.”And yet, Kupchak suggested that still might not be enough. Though he sounded unsure if he would draft three rookies with the second, 27th and 34th pick, Kupchak suggested he may draft a European player and keep him overseas. “Something could be said for having the No. 2 pick in terms of building going forward,” Kupchak said. “You know you’re going to get a really good player. You know you’re going to get a player under a contract that you’ll be able to control for at least five years at a reasonable amount before you have to consider an extension. Those are pluses in addition to getting a heck of a talent.”The possibilities for the Lakers seem endless, as Kupchak envisioned anywhere between four to eight players falling into the No. 2 slot.They could pursue a big man (Kentucky’s Karl Anthony-Towns, Duke’s Jahlil Okafor), a guard (Ohio’s D’Angelo Russell, China’s Emmanuel Mudiay), a wingman (Arizona’s Stanley Johnson, Duke’s Justise Winslow) or a European prospect (Barcelona guard Mario Hezonja, Sevilla forward Kristaps Porzingis). The phone presumably has stayed glued to his ear, Lakers general manager Mitch Kupchak furiously tracking down various agents to set up draft workouts through the next few weeks that could entail seeing up to 80 prospects.But amid all those phone conversations in the past week, Kupchak said on Tuesday he has not heard anything enticing that would convince him to trade the Lakers’ No. 2 pick of the 2015 NBA draft.Said Kupchak: “It would have to be a heck of an opportunity for us to consider doing something like that.”What would it take for Kupchak to find an offer too good to pass up? Yet, the Lakers did not watch any of those prospects on Tuesday in what marked the first day of workouts leading into the June 25 draft. Instead, the Lakers monitored various senior prospects, including Arizona point guard T.J. McConnell, Iowa State shooting guard Bryce Dejean-Jones, Gonzaga point guard Kevin Pangos, Maryland shooting guard Dez Wells, Northern Iowa power forward, Seth Tuttle and Minnesota power forward Maurice Walker.Kupchak plans to see more prospects that fit that range on Thursday. The Lakers also have workouts planned for next Monday, Tuesday, Wednesday and Friday. Kupchak added the Lakers would hold workouts for players worthy of the No. 2 pick “hopefully in a week or two.”“We’ll probably bring in as many as the representatives will allow us to bring in,” Kupchak said. “If the representatives do not believe we are genuine in considering that player at No. 2 they probably wouldn’t send them in. We’d like to bring as many as possible.”Dueling workoutsWells chuckled about also working out last week for the Boston Celtics, mindful of the heated rivalry with the Lakers.“Those are the two most prestigious franchises in the NBA,” said Wells, who also plans to work out with Indiana. “I don’t want to get into comparing these two franchises. I’ll stay neutral.”center_img Newsroom GuidelinesNews TipsContact UsReport an Errorlast_img read more

West Ham manager Allardyce tips Sakho to become Premier League leading goalscorer

first_imgWest Ham boss Sam Allardyce admits he didn’t expect Diafra Sakho to be this good and hopes he can become one of the leading goalscorers in the Premier League this season.Sakho has made a dream start to life in east London scoring five goals in five games for the east London club and is proving to be one of the bargain buys of the summer.The Senegal international arrived from Metz after finishing top goalscorer for the club in the past two seasons and has continued his rich vein of form in England.Allardyce has been thrilled with his progress but says he expected him to have a slow start while he adapted to the rigours of English football.Allardyce said: “I couldn’t (see him doing this well). I would have seen him in his first year coming from the French Second Division taking 10 to 15 games for us and finding out the level and the quality of the Premier League.“He is so determined to do well and his work rate is good that he seems to turn up in the right places and put the ball in the back of the net. It is a fantastic start for him and outstanding business for West Ham.“Hopefully he will continue to do better and we will continue to get good results.” 1 Diafra Sakho last_img read more

Fires raise worries about insurance rate hikes, cancellations

first_imgMajor insurers are inspecting homes in high-risk areas throughout the West and threatening to cancel coverage if owners don’t clear brush or take other precautions. “Yeah, it’s pretty worrisome. They might start not insuring us; that’s pretty scary,” said Bruce Fowler, a resident of San Diego’s Scripps Ranch neighborhood who was evacuated to Qualcomm Stadium this week. Fowler’s home narrowly escaped being destroyed in 2003, the last time fires swept Southern California with such ferocity. More than 3,600 homes were destroyed then, and insured losses surpassed $2 billion, according to the Insurance Information Institute. So far, about 1,500 homes have been lost across Southern California due to the fires. The number is expected to rise. Insurers said they have sufficient reserves to pay claims that will likely surpass $1 billion. “Insurance companies are in the business of taking these types of risk,” state Insurance Commissioner Steve Poizner said. “The companies are in great health and have substantial reserves,” he said. Poizner said he has talked to several insurance company chief executives in recent days and been assured they are taking steps to swiftly pay claims. On Wednesday, he declared an insurance state of emergency, allowing out-of-state claims adjustors not licensed in California to come to the state to handle claims. Paul Hopkins, chief executive of Farmers Insurance Group Inc., echoed Poizner’s outlook. “We don’t set our rates or underwriting guidelines based on a single event,” Hopkins said. “We have no desire nor has it been our past policy to start doing mass cancellations.” But the likelihood of companies taking a harder look at underwriting and pricing policies increases with the price tag of the fire, said Donald Light, a senior analyst with Boston-based financial consultant Celent. “The higher the final reckoning, the more likely companies are going to act.”160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set! HOMES: State officials try to assuage fears, even with damage expected in billions of dollars. By Gary Gentile THE ASSOCIATED PRESS Despite reassurances from state officials, homeowners in fire-ravaged Southern California might have plenty to worry about when it comes to their home insurance. AD Quality Auto 360p 720p 1080p Top articles1/5READ MOREGame Center: Chargers at Kansas City Chiefs, Sunday, 10 a.m.With damage estimates reaching $1 billion in San Diego County alone Wednesday, homeowners fear that insurance companies will raise rates or even cancel policies. State officials and consumer advocates say that’s not likely, but the scope of the fires and past tussles with insurers make many Californians skeptical. Officials say they’ll be able to rein in rates, pointing out that insurance in California is highly regulated, and authorities aren’t likely to approve any increases in premiums, especially after pushing companies to reduce premiums this year. Also, California remains the nation’s largest market for homeowner insurance, which is a profitable line of business despite the risks. That didn’t stop Allstate Corp., the nation’s second-largest property-casualty insurer, from announcing earlier this year that it would no longer underwrite new California homeowner policies, citing the risks of wildfires and earthquakes. The company is also seeking a 12 percent rate hike for its existing customers. last_img read more

Wife of Giants CEO Larry Baer issues statement in aftermath of ugly scene

first_imgClick HERE if you’re unable to view the gallery on your mobile device.Pam Baer, the wife of Giants Chief Executive Larry Baer, issued a statement Saturday through her attorney in relation to their public altercation 24 hours earlier..The statement: “My husband and I had an argument in public about which we are quite embarrassed. I took his cellphone. He wanted it back and I did not want to give it back. I started to get up and the chair I was sitting in began to tip.“Due to an injury I …last_img

Standard Bank expands into Cote d’Ivoire

first_img7 November 2013South Africa’s Standard Bank Group is to expand its presence in Africa with the opening of a representative office in Abidjan in Cote d’Ivoire.The office, which will open for business in February, will serve as a base for becoming familiar with Francophone West Africa and identifying opportunities for growth within the region.“Establishing a presence in the Cote d’Ivoire fits in with our Africa-focused strategy,” Standard Bank joint group chief executive Sim Tshabalala said in a statement on Monday.Initially, the main function of the office will be to source business for Standard Bank and to promote trade between various African countries and Cote d’Ivoire.Tshabalala said the new office would benefit the bank’s corporate clients who have already established, or are considering establishing, operations in Francophone Africa.Cote d’Ivoire is ideally placed as a hub for the region through its membership in the West African Economic and Monetary Union (UEMOA), which comprises Benin, Burkina Fasso, Guinea-Bissau, Ivory Coast, Mali, Niger, Senegal, and Togo.According to Standard Bank, the key drivers behind the country’s growth include its natural resources (oil and gas and minerals), public infrastructure investments, the ongoing commercialisation of agriculture, its consumer market potential, high levels of Chinese-led investment in the country, and the important role the country plays in the region.Herve Boyer, a French-speaking employee of Standard Bank, has been appointed managing director of the representative office. Boyer has specific experience in global markets and corporate and investment banking, and has a track record of dealing with clients in West Africa.“We believe that the Cote d’Ivoire would be the most suitable country from which to facilitate further business, gain better a better understanding of the region and better serve and meet our customers’ and clients’ needs,” said Boyer.Standard Bank, the largest African banking group by assets and earnings, now has operations in 19 African countries.SAinfo reporterlast_img read more

Youth invited to discuss South Africa’s competitiveness

first_imgSouth Africa’s predominantly youthful population gives it a strong competitive advantage, as developed countries increasingly face the problem of aging citizens.Play Your Part reporterBrand South Africa has introduced, for the first time, a platform for young people to take part in the conversation about South Africa’s global competitiveness. The second annual South African Competitiveness Forum is set to be held on 4 and 5 November at the Ernst and Young offices in Sandton, Johannesburg.Young people have a critical role to lay in making South Africa an internationally competitive country. Africa’s predominantly youthful population gives it a strong competitive advantage, as developed countries increasingly face the problem of aging citizens.The opportunity is for the energy, vibrancy and enthusiasm of young people to be positively channelled towards their own personal development, and the development of South Africa.This is one of the appeals made by South Africa’s National Development Plan, which aims to address the country’s past and future challenges and sets out a vision for what it should strive to achieve by the year 2030.Black youth account for two-thirds of unemployed South Africans under 35. Unemployment is highest among those aged 15 to 24, and second highest among 25- to 34-year-olds. Research suggests that if a person fails to find a job by the age of 24, they are likely to never be formally employed.Youth and innovation workshopAlthough the youth make up 41.2% of South Africa’s population, only 6% of them are involved in business or self-employed. The youth and innovation workshop at this year’s South African Competitiveness Forum will focus on current and past youth initiatives and other successful interventions that can be used examples from which to learn. The conversation will examine what we are getting right, and what young people can do to improve the South African nation brand.In the discussion on youth and with youth, and their contribution to South Africa’s growth and development, the forum will ask how we can be inspired to do things differently to reduce youth unemployment and underdevelopment. It will look at what government, civil society and business can do together to solve these problems.The 2014 Forum will be held under the theme “Active Citizenship and its role in changing the South African brand reality”. This is a direct call to action to all South Africans to unite to build the country’s competitiveness in the world.The other forum workshops will discuss competitive cities, foreign direct investment, the labour market, expansion into the rest of Africa and active citizenship.Register for the South African Competitiveness Forum.Follow the South African Competitiveness Forum at @Brand_SA and via #CompetitiveSA.last_img read more

MACT awards ₹ 22 lakh to Tata Motors staff left with 70% disability after road accident

first_imgTaking into account the loss of enjoyment of life and discomfort suffered by 34-year-old Ramchandra Shetty following an accident which left him permanently disabled, the Motor Accident Claims Tribunal, Pune recently ordered that he be paid a compensation of ₹22.50 lakh at 7% interest.Mr. Shetty, a mechanical engineer employed with Tata Motors as manager, was riding his motorcycle to work on the morning of February 5, 2011, when a tanker owned by Kishor Transport Service, and insured with ICICI Lombard, hit him and he sustained grievous injuries. He remained admitted in hospital for more than a month and his right leg had to be amputated from above the knee and implants fitted in the hand. This cost him ₹6.35 lakh, an artificial leg cost him ₹3.15 lakh. The estimated cost for the servicing of his amputated leg was ₹17,46 lakh. On March 14, 2012, Mr Shetty filed a claim in the tribunal seeking ₹70 lakh as compensation.Mr. Shetty’s advocate said he was unable to do any work due to 70% permanent disability. Dr. Shailesh Ratnaparkhi testified that Mr. Shetty would only be able to do a sitting job and there would be many difficulties as the artificial limb cannot be used for 24 hours a day.A senior team member at Tata Motors, deposed that Mr. Shetty was drawing a salary package of ₹ 7.75 lakh per annum and that the nature of his job involved moving from one place to another along the production line, which he could not do now. Counsel appearing for ICICI, contended that compensation could not be given on grounds of loss of future income as the employer had provided Mr. Shetty light-duty work without reducing his salary. He was also receiving annual increments.The tribunal comprising S.M. Menjoge, held that the accident occurred to the sole negligence of the driver of the tanker and said since there was no breach of insurance policy by Mr. Shetty, both ICICI Lombard and Kishor Transport Service are liable to pay a joint compensation of ₹22,50 lakh with 7% interest from 2012.last_img read more