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Friday, April 29, 2011

The Case Against President Obama's Health Care Reform: A Primer for Nonlawyers

The Case Against President Obama's Health Care Reform: A Primer for Nonlawyers

by Robert A. Levy

Robert A. Levy is chairman of the Cato Institute. He is the author of Shakedown: How Corporations, Government, and Trial Lawyers Abuse the Judicial Process (2004) and coauthor of The Dirty Dozen: How 12 Supreme Court Cases Radically Expanded Government and Eroded Freedom (2008).

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Multiple challenges to President Obama's health care reform are percolating through the federal courts. Soon the Supreme Court will be asked to weigh in on perhaps the most important question of the post–New Deal era: Are there any remaining limits on the breadth and scope of federal power?

Reinforced by decades of Court decisions that have gutted the Framers' original conception of limited government, the Obama administration has embraced an unprecedented expansion of centralized control. This paper addresses the Patient Protection and Affordable Care Act, which includes a mandate that individuals either purchase a government-prescribed health insurance policy or pay a penalty.

The Department of Health and Human Services has asserted three constitutional provisions as sources of authority for the mandate — the Taxing Power, the Commerce Clause, and the Necessary and Proper Clause. Each of those purported sources is deficient.

First, the penalty for not buying health insurance is not a tax. Even if the penalty were a tax, it would fail the constitutional requirements for income, excise, or direct taxes. Second, the power to regulate interstate commerce extends only to economic activities; it does not permit Congress to compel such activities in order to regulate them. Third, the mandate is not necessary; indeed, it is merely a means to circumvent problems that would not exist if not for PPACA itself. Nor is the mandate proper; it cannot be reconciled with the Framers' original design for a limited federal government of enumerated powers.

An essential aspect of liberty is the freedom not to participate. PPACA's directive that Americans buy an unwanted product from a private company debases individual liberty. And it's unconstitutional.

Download the Full White Paper (PDF) (3 MB)
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Monday, April 11, 2011

Tactics Obama ‘Tried To Shove Down The Public’s Throat’

Tactics Obama 'Tried To Shove Down The Public's Throat'
by Matt Schneider | 12:23 pm, April 10th, 2011
 
Video

In addition to cheering on Donald Trump, last night Sarah Palin also weighed in on the budget deal and President Obama's role in the process. Palin thought Obama deserved no credit for the compromise and even thought his actions were "appalling" and "atrocious" since he used the funding of troops as a pawn in his political game.

Palin also suggested why the Tea Party should not be happy with the budget compromise:

"What the Tea Party wants is for government to be smaller and smarter. When you consider that we just saw an increase in government spending by about 28% and saw a little chip out of that to the tune of 1%, I would say that no the Tea Party and Americans in general who are concerned about the fiscal health of our country did not get what they wanted."

Palin urged for more drastic cuts to be made, saying that after national defense is fully funded, then everything should be on the table. And she hesitantly supported Republican Congressman Paul Ryan's budget proposal, but her hesitancy was only because she wished it could be more aggressive and accomplished quicker.

However, she was most fired up over the criticism from Democrats about the Tea Party, which she labeled as a distraction:

"It's very, very insulting what the administration and President Obama tried to shove down the American public's throat in terms of that rhetoric and the scare tactics and the chaos that would ensue – they tried to get people to believe if there was a partial shutdown."

Instead, Palin concluded Americans are much more intelligent than Democrats might think.

Watch the clip from Fox News below:Follow us on Twitter.


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Rodrigo González Fernández
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Saturday, April 09, 2011

Free Audiobook: “Coaching a Winning Team”

Free Audiobook: "Coaching a Winning Team"

Related • Filed Under • by ACN Staff 
1 FREE Audiobook Credit RISK-FREE from Audible.com

Coaching a Winning Team is available as a digital audiobook from Audible.com. The title, provided by Stanford Audio and authored by Tara VanDerveer (Director and Head Coach, Women's Basketball, Stanford University), has also become an American Consumer News favorite..

The digital audiobook Coaching a Winning Team, narrated by , has received an average rating of 2.62 stars on Audible.com. The title has a running length of 50 min. The audiobook was first released in December 1999 and a sample is available for download.

Audible.com's description of the audiobook is "Whether it be in basketball or in business, the key to building a successful team is to strengthen individual qualities and focus the team on a single goal. Tara VanDerveer, Director and Head Coach of Stanford's women's basketball team, has had a near-perfect record of 224 wins to 33 losses over the past 8 years and has led her team to 2 NCAA championships. In this speech, the candid and engaging storyteller shares the coaching methods that have helped her team triumph, as well as the pitfalls to avoid. Using honesty and positive reinforcement as the cornerstone of her process, VanDerveer explains how to maintain unity, stay focused on a goal, and build a winning team."

The audiobook is normally sold by Audible.com for $2.95, but if you're not already an AudibleListener® member, you can take advantage of a special promotion and get Coaching a Winning Team or any other audiobook for free with a 14-day free trial. If you are a current Audible.com member, the audiobook is available for 1 credit(s).

Audible.com is the leading provider of digital audiobooks and audio entertainment on the Internet. Audible titles are downloaded and played on iPods, iPhones, Android devices, Kindles, mp3 players and over 500 other devices. Audible.com has more than 85,000 titles in every genre, including mysteries & thrillers, business, sci-fi & fantasy, as well as titles featured on Oprah's Book Club and the New York Times Best Sellers List.

Audible.com has two monthly subscription plans available. The Platinum Plan, at $22.95 per month, entitles members to 2 audiobook credits each month. The Gold Plan, at $14.95 per month, gives listeners one audiobook credit each month. Both plans will entitle you to great discounts on additional audiobook purchases. If you're a new customer, you can try Audible for free by taking advantage of a 14-day trial offer which includes 1 free audiobook credit.

To download Coaching a Winning Team or another title as a free audiobook, visit Audible.com

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Rodrigo González Fernández
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Friday, April 08, 2011

PHOTO: Miley Cyrus Poses With BFF Gucci Mane


PHOTO: Miley Cyrus Poses With BFF Gucci Mane

Posted 14 hrs ago by Nicole James in Celebrity, Photos


Credit: @mileycyrus

Just like peanut butter and jelly, ketchup and mustard, and Hall & Oates, another timeless combination we've come to know and love is Miley Cyrus and Gucci Mane. Just kidding! Completely, 100 percent kidding! This is one mash-up not even Girl Talk saw coming (Zing!).

From her recently reactivated Twitter account, Miley tweeted, "Don't mind me just showin off muahhh grill with @gucci1017 at the urrrport!" (That would be, "Here I am smiling with Gucci Mane's cover of SOURCE at the airport," for those of you that don't speak Cyrus.) Gotta say, Miley does a pretty accurate Gucci impression. For a second there we couldn't tell them apart.

But the copycat stuff better stop there, Miley! Not sure if you heard, but Gucci Mane recently got an ICE CREAM CONE tattooed ON HIS FACE. We know you've been into tattoos lately too, little missy, but just because your friends are jumping off a bridge, does that mean you're going to also?! Huh? Answer me, young lady!

OK, we're overreacting. We know Miley was just...bein' Miley. But seriously. NO FACE TATTOOS, GURL!

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Wednesday, April 06, 2011

LAWYERSCHILE: Silvio Berlusconi's trials

News analysis

Newsbook

Silvio Berlusconi's trials

Opening the Rubygate

Apr 6th 2011, 13:18 by The Economist online | ROME

IT COULD not have begun more discreetly. A trial heralded as the most sensational of any brought against Italy's much-prosecuted prime minister, Silvio Berlusconi, opened this morning at a hearing lasting nine minutes and 50 seconds—and was promptly adjourned to May 31st.

Mr Berlusconi, who was not in court, is accused of two particularly squalid offences: paying an underage prostitute, and exploiting his position to cover it up. He denies any wrongdoing, and will doubtless have been heartened by what little emerged at today's hearing. The alleged prostitute is Karima el-Mahroug, known to some as Ruby Rubacuori ("Ruby Heartstealer"), the runaway daughter of a Moroccan immigrant who was under 18, the minimum age for prostitution in Italy, when she visited Mr Berlusconi's villa outside Milan last year.

Ms el-Mahroug's lawyer told the court that she would not be joining herself to the case or seeking damages from the prime minister. In fact, she denied she was a prostitute or that she had had sex with the 74-year-old Mr Berlusconi.

That was not the only good news for the embattled prime minister. Yesterday the Chamber of Deputies, the lower house of parliament, resolved by a 12-vote majority to ask Italy's constitutional court to block the proceedings against him. Mr Berlusconi's supporters, who saw two more deputies join their ranks for the vote, maintain that the prosecutors ignored a ruling by parliament that the case should have been dealt with by a special court. (His opponents argue that jurisdiction is a matter for judges and note that the special court would have needed parliamentary approval to proceed.)

Today's adjournment may give the constitutional court time to decide. But it will also give the judges and prosecutors in Milan time to focus on a separate case, one Mr Berlusconi is said to fear more, in which he denies bribing a British lawyer, David Mills, to withhold testimony that could have led to his conviction in an earlier trial.

Since Mr Mills has already been found guilty (although his conviction was later quashed on a technicality), there is a real chance the prime minister could face the same verdict, and that the proceedings against him will be dispatched before they are timed out by a statute of limitations, as has happened in previous cases against him.

This, say critics, is why his government has resurrected a bill to put different sorts of time limits on trials and appeals. Drafted by Mr Berlusconi's lawyer, the bill is ostensibly intended to ginger up Italy's notoriously sluggish legal system. It has been approved by the Senate but not yet by the chamber. The body that oversees the judiciary says that if the law is enacted, between 10% and 40% of the defendants currently on trial in Italy could walk free. Mr Berlusconi's justice minister says the true figure is 1%.


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Rodrigo González Fernández
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Gary Hamel on the need to retool management

Gary Hamel on the need to retool management

February 26, 2011 in In the News | by Azra Brankovic

In a Wall Street Journal post, Gary Hamel argues that Management 1.0 no longer suffices and must make way for a new model for the future, Management 2.0.


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Rodrigo González Fernández
Diplomado en "Responsabilidad Social Empresarial" de la ONU
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Friday, April 01, 2011

Barack Obama's energy policy

Barack Obama's energy policy

Recycled

Platitudes from the president

Mar 31st 2011 | WASHINGTON, DC | From The Economist print edition

FOR 40-odd years now, as Barack Obama lamented on March 30th, American politicians have banged on endlessly about the evils of America's dependence on imported oil, without doing very much about it. It was time, he declared, to change that, with a package of initiatives that would cut America's oil imports by a third within a decade, according to the White House's calculations. Unfortunately, however, Mr Obama's scheme seems doomed to go the same way as all the brave talk from his predecessors, not to mention his own rhetoric on the campaign trail.

Mr Obama's plan has four main strands: increasing domestic production of oil, boosting the use of biofuels and natural gas as substitutes, encouraging the spread of electric cars and making petrol-powered vehicles more efficient. He also chucked into the mix his "clean energy standard", a scheme to promote less polluting forms of electricity generation, even though it has nothing to do with oil imports (energy generation relies on coal, gas, nuclear or renewables, but not on oil, which is used almost exclusively for transport, heating and industry.)

None of this is new. The clean-energy standard was first wheeled out in Mr Obama's state-of-the-union speech in January, and is anyway only a rehashed version of a much older proposal to promote renewable energy, with nuclear power and natural gas bolted on to broaden its appeal. The administration was already working on a fresh series of ever more demanding fuel-efficiency standards for vehicles for when the current lot run out in 2016. Mr Obama had also previously pledged to nurture growth in domestic oil production, to counter Republican cries of "Drill, baby, drill."

As for biofuels, the government has been subsidising them for decades, and the Department of Energy is already lending money to the sort of high-tech but handout-dependent plants that the president says he wants more of. Even talk of encouraging natural-gas vehicles is nothing new: T. Boone Pickens, an irrepressible oilman who is now an apostle of gas and wind power, has buttonholed half of Congress, and anyone else who will listen, on the subject.

Worse, those parts of the president's plan that need congressional approval—the clean-energy standard, more subsidies, extra funding for research on whizz-bang energy technology—will never receive it. The Republicans who control the House are dead set against anything that smacks of greenery, not to mention anything that would add to spending at a time when they are trying to take an axe to it. They have already ruled out the president's signature energy policy: a cap-and-trade scheme to reduce emissions of greenhouse gases. They are also trying to rein in the Environmental Protection Agency. The best the president can hope to do is hold the line, and preserve the EPA's existing authority over emissions. So it is hard to see his recycled list of proposals as anything more than a reassurance to the environmentally minded, and to Americans fretting about rising fuel prices, that the president feels their pain—unlike those nasty Republicans.


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Rodrigo González Fernández
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