What Makes Essential to check Background through online?

Everyone wants to remain safe with their employees. They don’t want any misunderstanding because to run the business smoothly. If you are the owner or HR, then it will be your responsibility to check the background of every employee. Before hiring anyone, you can obtain personal information through an online website. The free criminal background check will protect your company effectively. That’s why; it becomes essential to consider Free Criminal Background Check to be ensured about every individual in your business.

It can be helps with the proper permission of government and police. Whenever you are going to access the website, then it must require verifying personal details. Not everyone can reveal the information because such websites are connected with the local court rooms. No doubt, it becomes easy for all of us to find any information anywhere and anytime. It will help to know about social security, terrorism, criminal offense and much more. Now, in the article, we are going to discuss about the importance to check history records.

Importance to be noted

There are some points that will allow you to use past records website and check their validation among all.

  • Protect business: With the foremost purpose to protect the business, it is important to have looked at employee behavior. You can check the past records that will make you ensured about the credibility of an individual. In case, if you are getting difficulty in finding the information, then you can take legal advice from advocate and other expert. They will guide to how to remain safe before hiring the candidate.
  • Check driving records: The Free Criminal Background Check also includes driving, murder and criminal records. Sometimes, when you hire the employee without identifying the records, then it can be a chance of police investigation. That indicates that your reputation for business goes decline.
  • Ensure right candidate: It is important to recognize every candidate with their personal details. It includes home address, phone member, family member’s qualification, college studies. Firstly, you have to fill all the details in the website so that it will access the character with past records.

Hence, these above paragraphs show the importance of having Free Criminal Background Check through online. If you want to remain safe, then you can investigate the background of employee and address their history.

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What Do You Need To Know About Payday Loans?

Payday loan is a short term loan that is useful to remain financially strong. If you are facing financial issues, then you can take Payday loan that depends on your income. The loans are only for a short time with a limited amount. It should be repaid with a single payment instead of getting an installment. You can take a loan from various financial institutions that will be processed within in minutes.

The best thing to apply Payday loan is that it requires fewer documents as it will never recommended credit score.  The Payday lender will firstly check your income and bank details so that they can ensure the recovery of the loan in time. If you are willing to know more about a Payday loan, then you should consider www louisianainstantloans.com as they will offer you reliable information and also provide Payday loans in reasonable interest rates. However, it will help to remain financially strong. Payday is also named as salary. Payroll or cash advance loans regarding unsecured loans. No, in the post, we are going to discuss the role of Payday loans that fulfill the requirement of individuals,

Things to know

Numerous are the things that everyone should know about Payday loans and how it is useful in a short period of time.

  • Repayment in short period: The lenders will provide you the loan only with a short period of time. The purpose of solving the temporary financial problem can be held with the amount of loan to fulfill requirements. You should first read the terms and condition of the service provider and check the duration of repaying the loan carefully.
  • Improve credit score: You always make sure that if you repay the loan on time, then it will improve your credit score. It will help to take the loan from any financial institution that will be registered with your bank account. There will be fewer requirements for documents. The bank will issue credit card so that you can fulfill your important requirements easily.
  • Access quickly: It will be operated easily after checking your income per year. The repayment of the loan is linked with borrower’s payday so that one can deposit the money in advance. The arrangement of credit score will be considered with employment records.

So these points are able to show the effectiveness of Payday loans. Everyone can take the loan and solve the financial conditions.

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Lucrative Aspects Of Solving Long Riddles For Adults

Riddles are not only beneficial for the children but also can offer a lot of advantages to the adults. So, if you are an adult, then it is advised to solve the riddles in the leisure time. Some people think that such puzzles are just a waste of time; however, they are unaware of the benefits of solving long riddles. In the further article, I am going to describe some advantages of solving such puzzles for adults.

Concentration

This is the first and foremost benefits of sharing the riddles. Adults are able to improve such skill by solving the different and long puzzles on a daily basis. Usually, we have to think analytically for getting the answer to the puzzle. Therefore, we are required to have the proper patience and attention. Thus, they can improve the concentration level with ease by answering the maximum puzzles.

Improves the cognitive ability

Puzzles are the ideal option for getting an improvement in the visual performance. Adults can easily enhance the cognitive ability with the help of basic patterns, colors, and shapes involved in the riddles. Such skill is helpful for the advanced reasoning, so it is necessary to have better cognitive ability.

Increment in productivity

This is another benefit of solving the riddles because it has seen that the figuring out the hard puzzles lead to the rise in the productivity level. That’s why adults should always try to start solving the puzzles so that they can get an amazing increment in productivity.

Meditation

The meditation methods and the riddles have a great connection. When we solve the puzzle, then it makes the mind active and healthy. The regular solving puzzles keep the mind healthy for a long time. The process basically relaxes the brain cells, which is helpful for the meditation. In addition to this, we can stay relaxed and reduce the stress.

Furthermore, the riddles can also improve the IQ of the adults. This is the main reason behind the high popularity of such puzzles among adults. They can improve the self confidence as well as productivity. There is no doubt that this activity has the potential to offer some beneficial outcomes to the adults. If we talk about the children, then they are able to improve the vocabulary and also get a huge help in preparation for their further tests and examinations of the school.

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What to Look While Considering Vin-Codes Websites?

Generally, vehicle information is considered with the help of VIN codes that is published in front of dashboards. The purpose to show such numbers because the vehicle can be recognized legally and one can identify easily. However, the number is according to state wise and be allotted to check the vehicle originality.

If you are looking for the best website to know full detail about your vehicle, then https://carsowners.net/ will be a better option for you all. This service provider can provide actual information in the form of registration date and year, model number and personal detail. It includes address, phone number, and their identity card to ensure their nationality. It is important especially for the police department to check out R.C and VIN codes for a safe environment and get prevention from any criminal offense.

You should check the website safely considering public reviews and effective rating. Always make sure that the information should not be leaked privately as the website should be under the control of the government. Now, we have also mentioned some of the information that will make you aware from where we all should consider vehicle information safely.

Things to know

Lots of things that everyone should be know about VIN numbers. It will be easy to check the durability of your R.C and insurance.

  • Reviews and rating: Firstly, you should check the public reviews and rating so that you could consider at foremost. People feedback can show you the effectiveness of the website and the reason to get it in use. Similarly, everyone wants to know clearly and genuinely about their vehicle with full detailed information. It will help to justify the value of it.
  • Approved by the government: It should be compulsory to be approved by the government and regulated according to their VIN records. Even, if there is wrong information, the website could block, or it should be improved because wrong things can lead to some trouble with owner personal details.
  • Updated and informative: The website will be made for the purpose of giving factual knowledge to viewers. There should be updated information with VIN numbers in accordance with 17 characters of verification.

However, you should check every alternative and gets the best solution to improve the knowledge about vehicle identification numbers. In case, if there is any issue, then you get to consult with the transport department and get your registration proper.

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What to do while finding the right job vacancy for you?

So you are the one who is searching for the right job for you so that you can get settle down in your life. If you are finding the job vacancy for you, then you should search for it but by keeping some things in your mind. Here in the post, we will talk about some things which you should keep in your mind so that you can find the right job vacancy for you which will suit according to your qualification. There are some sites also which will help you in finding the job within your locality which will now let you go out. You can search the job in your locality with the help of the https://headfinder.net/ site as it will suggest you the right thing for you.

Things to keep in mind:-

There are many things which you should keep in your when it comes to finding the right job vacancy for you. Those things which you should remember are:-

Online sites

The world has become digitalize that is why when it comes to finding the job then you should try for it on the online platform. You should search for the job vacancy on the online site because most of the companies put the job vacancies details on their official and other job searching site. It will be the best option for you because the online platform will let you meet with the right job vacancy within your locality.

Talk to friend and family

You should ask from your friends and family for the job vacancy because your friends and relatives know your taste well and they know what kind of job you can do. You should ask from them because they will suggest you the right thing for you. Asking from friends can make an individual hesitated that is why you should ask from your friends as they are your good wisher and will suggest what is good for you.

Try for the internship first

It is a very good idea to do the internship first before you get in any job. You should get the internship in any particular working so that you will become trained in the work well. After getting trained properly, you will get the right job vacancy for you in which you will get also selected because of your experience in the internship.

So use these tips and search for the right job vacancy for you.

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Reasons to invest in car rental services

If you are looking for those ways by which you can make your traveling better, then there is one way by which you can make your trip more entertaining and enjoyable. You should take a car on rent from the car rental services because it is the best way by which one can make their traveling better and comfortable. There are many reasons which will make an individual to take the car on rent. You can take the services from the solorentacar marbella‌‌ also because they are excellent in their working.

Reasons:-

Several reasons are there which will make an individual to hire the car on rent from the car rental services. Those reasons are:-

Rent for discovering

One should take the car on rent because when they take the car on rent, then it will let an individual discover and explore more with different places. You should hire the car which is automatic because by the help of that car you can discover more in driving.

Don’t look like a tourist

When an individual goes in a car, then it will let the look like that are residential people of that particular place. A tourist will always look different from other people that are why you should hire the car on rent so that you will also not look like the tourists at that place where you went for the trip.

Affordability

If you go to a big city for the trip, then you should hire the car on rent. At the big cities the taxi rents are very much, and if you do not hire the car, then it will cost you a lot whereas if you take the car on rent, then it will cost you less. You should hire the car because it will cost you at one time and you don’t have any need to pay for it again and again.

Entertaining trip

By taking the car on rent, one can make their trip more entertaining because if you travel by the help of bus and trains, then it will make your trip very much exhausted. Preventing you from the exhausted trip, one should take the car on rent.

Now hire the solorentacar marbella‌‌ and brings the best for your cost. If you are interested, then you can take help from the post and can let you understand that one should hire the car so that you will enjoy at your trip a lot.

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Marriage Proposal – Romantic Place and Destination

If you want to arrange a special wedding proposal for your partner, then you should plan the place where it can be executed.  Hotels, fountain area or national parks from where you can spend the time with holding your hand make you feel special.

Always went on all such places where you both can feel special and enjoy as per your required needs. Wedding proposal 007 will provide you with a beautiful location where you can spend some time sharing love, feelings and emotion. Just the capture the moment with photographs and video so that you should look and have lots of fun at that time. Now, you will able to get some more information in the better of a wedding proposal.

Additional information

Mostly people can’t get the solution of their doubt as they feel some complexion during the proposal. Always make sure that your wedding proposal 007 will be a better option to make you both feel happy. There are some points that will tell you some more method to apply and can easily impress your partner.

  • Propose publicly: If you are going to propose your partner then firstly you should take the permission is an indirect way and then give them a shocking surprise. The best and beautifully located place will able to impress their heart as they will definitely show you, exceptional love. No doubt, everyone wants to experience the moment with a partner and taking the faraway so that one can spend some part of life with them.
  • Handwritten note: You should give them a handmade note and write your own views in the way of expressing feeling and emotion. They will surely feel love and special intention for you. You can propose them in that a situation where there will be a chance of accepting the proposal.
  • Capture photos and videos: At the time, when you are at the beautiful location to experiencing the moment, you should always capture those moment which will feel special in your life. Undoubtedly, wedding proposal 007 are the one who can provide you better pictures and videos to experience the moment by seeing it again and again.

As a result will automatically will be I your favour if you consider all those above mentioned points. However, it could be easy to judge their gesture and have a chance of saying yes yo your proposal.

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Questions to ask before choosing the right cooler

Thinking about the cooler is not enough. There are many questions which you should ask from yourself when you will go to buy the cooler. There are many people who are confused in deciding that which cooler will be the perfect option for them. If you are also one of them, then you should go for the information given in the further paragraphs. Buying the best cooler for the money is not as easy as you think because of the multiple options. You need to put little efforts before choosing any one piece so that you will meet with reliable result further.

Questions:-

Several questions are there which you should ask before you choose the cooler for you. Some of those questions are:-

How much area you have to install?

When you go to buy the cooler for you, then you much look at the place where you have though to install the cooler. You should measure that area so that you can find that how much size do you need which can be installed at that particular place.

What kind of quality do you want?

There are different coolers which are available in the market, and it is obvious that you want the one which will lead to worth your money. Yes, there is no doubt in it that if you spend much money on the coolers, then it will help you to get extra features in it such as energy saving, water saving and other also. But it is only one time investment, but if you buy the other ones of low quality, then you have to spend much more money on it. That is why you should buy the best cooler for the money.

What is your budget?

It is the most important thing on which you should focus. There are numbers of options you can find in the market for the coolers with different prices. You should fix your budget that you can spend on the cooler and then you should go to search the options which will come within your budget. By this means you will get the best cooler for you at an affordable price.

Hope that you are satisfied with the above mentioned information and will ask these questions from yourself when you will go to buy the best cooler for the money. Remember to look at your requirements always from the cooler.

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How to chose main Weight Loss diet

Do YOU look for an efficient Weight Loss Product ?

If you just type Weight Loss on Google, you will find a lot of things. Few good, a lot of scam.

So how can YOU find a good option ?

We could give you HUNDREDS of small worthy pieces of advice, write a complete methodology integrating the most effective insights we could get during those years in the diet and weight loss coaching. Yet that would take literally months, and become a really complex method.

I AM ASHAMED

I have a secret to confess that I AM ASHAMED OF : despite all the high price we put on our coaching services, every one can reach results without, because following the Golden Keys to Weight Loss with a good diet will bring effective weight loss with Phen24.

“Slim ! Help me find the right diet !” I shouted.

He smiled, raised his eyebrow. “For ?” he asked.

“For people reading Enjoy Weight Loss Secrets who just want some easy to get and to use, enjoyable, safe and efficient diet basis”.

“Are you crazy ?”

I am. Slim is crazy too, turned out.

So we did IT.

WE CRAZY ONES DID IT

We ordered 2 dozens of products. How did we chose ? The best way we could :

We chose those that were getting real efficiency feedback (not only on their sales page), that past clients used to order and found working or that got some positive medical, and only if they were matching our ethical and technical key points. We also asked our beloved boss to use his contacts in the affiliate world to confirm which products were giving few refunding requests from clients.

Oh My, THAT WAS FUN.

And it went worse as we read those books, listened to those CDs…

Some were just.. let’s be the kind and positive guys… not fit.

We Gave Those Producs to have them real-world tested

Others were really good, and some were outstanding. From those, we gave those products each to five volunteer patients during the past year and a half that we were not coaching for weight loss, but were given access to the advice of this site.

Then we took feedback, and saw results.

Strange indeed, the best products were not the ones we thought. Some have strange sales pages, or use a basis that in itself might not be sufficient (yet in fact other insights in the producs compensate for these shortcuts).

Yet all were compliant to our 7 Golden Keys, and turned out to be sufficient to make our patients successfully lose weight 5 times out of 5 (from 10 pounds to an unexpected 85 pounds, most within the 20-40 pounds range).

Well, ok I guess you just want to get the product will work best for you now ?

Just wait for a few more seconds before rushing to the order page please,  I’m going to detail each of those 3 that proved the most efficient, and that we feel like recommending to YOU.

(Note that 5 other products gave good results but seem less 7 Golden Keys compliant or more random by themselves in the long run and should need a few more indications to ensure they will bring you results ; we disqualified one product for having not responded to a refund request from one of our past clients).

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The Real Truth Behind Losing That Belly Fat, In Next To No Time At All!

Lose Belly Fat Naturally

What is the fastest & healthy way to lose belly fat naturally? Here is a question that has been asked so many times before. I have come across a lot of people going to extreme measures just to lose belly fat. Many of the things they have done have eventually harmed their bodies more than it has done good.Here are a couple of tips for the healthiest and fastest ways to lose belly fat with https://www.sportzfuel.com/.

* Never Ever Skip Breakfast

Many times we usually skip breakfast because we’re late or we think that it will help us with our weight loss goals. Breakfast is said to be the most important meal in the day. When we skip breakfast after many hours of sleep, our bodies go into a starvation mode. When this happens, our metabolism rate slows down because it tries to conserve energy and burn less fat. It is advised that you have a heavy breakfast.

Eat More Meals More Often

Yes, you heard me right! A good tip for losing belly fat in fastest way is to eat more often. When you eat more often though, your portion sizes will have to decrease. It is recommended that you have around 5 to 6 small meals a day to prevent you from binging on snacks and junk food and also to stop you from overeating at meal times.

Look Out For What You Are Eating

All weight loss goals begin and end in the kitchen. What you eat accounts for between 85 to 90 percent of losing weight. The most proven way to lose belly fat is by maintaining a very strict diet regimen. Your meals need to have a good balance of protein and carbohydrates. Switch from regular bread to whole wheat bread, try brown rice instead of white, eat more fruits and vegetables and also try out skimmed milk instead of the regular milk. With a few changes in your meal plan, you can go a long way towards losing belly fat.

Exercise Regularly

Cardio workouts are one of the best forms of exercises for people looking to lose belly fat. Cardio workouts include cycling, boxing, jogging/running and even rowing. These are workouts that really make you sweat and get your heart pumping. With cardio workouts, you might want to do some lifting of weights and abs exercises too. Lifting weights helps with increasing muscle density. With all these, you will not only lose belly fat but also tone your abs at the same time. Who does not want a set of perfectly tight abs?

Stay Hydrated

Stay hydrated b y drinking a lot of water. Water helps to keep your liver functioning right which helps in the fat burning process. If you are a beer drinker, try cutting down your alcohol consumption or even switching to Light Beers instead of regular ones. Also, try hot green tea for a change. It is said that green tea helps in the neutralization of fatty foods.

Quickest Ways to Lose Belly Fat for Men & Women

There are not many articles that will teach you to lose belly fat in 1 week because losing belly fat in 1 week is too extreme and can cause unhealthy side effects. Even though I can’t tell you how much fat you can lose in one week but here I will share with several simple steps that you can do to burn belly fat in shortest time possible.

  1. Cut junk foods and high calorie foods
  2. Drink more water each day
  3. Exercise for 45 minutes each day
  4. Do yoga or Pilates to strengthen your entire body

1 Cut Junk Foods & High Calorie Foods

Toss away any food that high is high in sugar, fat, cholesterol and calories, the examples are chip, cookies and candy. These foods provide no nutrition to your meals only full of calories. This means no matter how hard you do your exercise you won’t lose any weight at all.

2 Drink More Water Each Day

You should drink 8 to 10 glasses of water each day. This is useful to help your body flush out toxins and excess water. This way you will reduce belly bloat and as a result appear slimmer.

3 Do Exercise for 45 Minutes a Day

This exercise will keep your heart rate up. When you do proper workout consistently you will burn calories and lose belly fat fast. Some examples of exercises that you should do are jogging, biking, and swimming.

4Do Yoga or Pilates to Strengthen Your Entire Body

Yoga or Pilates is useful to strengthen your entire body. You should perform any type of exercise that build muscle mass and keep your metabolism high. The more muscles that you build the more calories and fat that you burn.

Remember the key to lose fat and maintain your weight is to incorporate all steps above into your lifestyle. When you do the steps above regularly you will lose weight and maintain your body shape.These are just a few tips for the fastest way to lose belly fat. You need to be consistent with your exercise and workouts and also faithful to your diet regimens to reap the benefits of belly fat loss.

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An ultimate guide to online marketing services

Nowadays, online marketing services are on hype. These services are providing enormous benefits to the users. It is known as digital marketing that is quite cheaper and cost effective as well.  If you want to promote your business, then one needs to make the use of online services. It is really beneficial because one can enhance the awareness of the brand.

It would be quite difficult to find a person who isn’t making the use of the official online website.  They are sharing their products on the official websites. The best thing is that they are attracting millions of users at ones. Therefore, if you want to become a successful businessman, then one needs to invest money in the SEO services.  Following are the most popular online marketing services.

  • SEO services

It is First and foremost service that is providing enormous benefits to website owners. If you want to improve the ranking of your website in search engine, then you should lookout an SEO professional company. Make sure that the company is providing you enough experienced and skilled person that will improve the ranking of your website within a few days. Apart from that, it is almost similar to promotions. After choosing the SEO services, you don’t have to spend money on promotion and other things. A professional will automatically promote your website on the social networking site.

  • Website Design

It is another most popular service. If you want to create a new website, then you have to hire an expert website designer. Make sure that you are choosing an expert that will create the fantastic design of the website. Before choosing a designer, you should check the portfolio of him. If he can create a website for the Mobile, Tablet, and Desktop, then it would be a reliable option for you. Howeverhttps://designful.ca is one of the most popular websites that is providing online marketing services at reasonable worth.

  • Graphic design

Last but not least, flyers and brochures are quite important for the business. It is an integral part of the promotion. With the help of a graphic designer, one will able to grab high-end designs of Flyers and brochures.  It will save time and cost.

Conclusive details

In a nutshell, with the help of online marketing services, you will able to create a strong presence of the business. You should always hire a professional company for online marketing services.

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The Real Causes of Deadly Medical Errors Doctor Shortages NOT MedMal Lawsuits



Two Wall Street Journal articles today highlight the real reason for medical errors, which kill up to 100,000 hospital patients annually, and for the shortages in doctors across the country. And in neither case do lawsuits for medical malpractice, or premium levels for medical malpractice insurance, play any role.

The U.S. government reports that medical errors are among the leading cause of death in America today, and are the real source of so many medical malpractice lawsuits. The Wall Street Journal article points out that the occurrence is entirely the fault of the practitioners:

According to a two-pronged survey of operating-room and critical-care nurses conducted by their professional associations and VitalSmarts, a global training and consulting firm, 85% of 2,383 nurses surveyed said they’d been in a situation where measures put in place to reduce errors – including checklists or hand-off protocols — warned them of a problem that would have otherwise harmed a patient. That’s the good news. The bad is that 58% of the nurses said they’d been in situations where it was either unsafe to speak up or they were unable to get others to listen.

The report focuses on what causes this type of communication breakdown, including three concerns that are rarely discussed by health-care teams: dangerous shortcuts, incompetence and disrespect. Among respondents to a separate survey of 4,235 nurses, 84% reported working with people who take potentially dangerous shortcuts, such as not washing hands for long enough, with 34% saying shortcuts had led to near misses and 26% saying they caused harm to patients. Some 19% say incompetence or lack of required skills have harmed patients and 20% say that disrespect is making them seriously consider leaving their profession.

Hmmm, nothing about medical malpractice premiums or lawsuits in there. Want to end medmal lawsuits? Try ending deadly medical errors first, instead of letting “dangerous shortcuts, incompetence, and disrespect” go unpunished.

Then there’s the nationwide shortage of doctors, which pro-tort reformers like to link to medmal suits and medmal insurance premiums. But many states already have limits on medmal lawsuits. As I posted last week, there’s been a doctor shortage in Texas even after the state enacted a very tough limit on medmal suits.

So what does the WSJ article today say is the cause of a worsening doctor shortage? OBAMACARE!! What a big surprise!! Promise everyone free health insurance and, POOF, we don’t have enough doctors to treat all these new patients. From that article:

The new federal health-care law has raised the stakes for hospitals and schools already scrambling to train more doctors. Experts warn there won’t be enough doctors to treat the millions of people newly insured under the law. At current graduation and training rates, the nation could face a shortage of as many as 150,000 doctors in the next 15 years, according to the Association of American Medical Colleges. That shortfall is predicted despite a push by teaching hospitals and medical schools to boost the number of U.S. doctors, which now totals about 954,000.

The greatest demand will be for primary-care physicians. These general practitioners, internists, family physicians and pediatricians will have a larger role under the new law, coordinating care for each patient. The U.S. has 352,908 primary-care doctors now, and the college association estimates that 45,000 more will be needed by 2020. But the number of medical-school students entering family medicine fell more than a quarter between 2002 and 2007.

So if you want to cure the doctor shortage, let’s repeal ObamaCare! Longtime readers of this site know that I consider ObamaCare to be every bit as violative of the Commerce Clause as current medmal “reform proposals.” But now the article gives us another reason to oppose it, as if we needed another reason.

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Trial Lawyers Group President Urges New Congress to Support 7th Amendment



In November I wrote on the remarks by Gibson Vance, President of the American Association for Justice, the largest trial lawyers’ association in the world, at the National Convention of the Federalist Society on November 20. Mr. Vance discussed the history of the right to civil jury trials, as protected in the 7th Amendment of the Constitution, and the current dangers to our rights through mechanisms such as federal preemption of state jury decisions.

Today, Mr. Vance reiterated many of those points in an article posted on the Huffington Post, titled “Constitutional Conservatives and the 7th Amendment.” He urged newly elected Congressmen from the ranks of Constitutional conservatives and Tea Party members to protect our 7th Amendment rights in future votes. You can read the entire article there, and here are some excerpts:

The constitutional conservatives’ stated commitment to our country’s founding principles is at this point widely known. But what is not widely known is where this group will come down regardingtort reform” – or limiting people’s 7th Amendment right to trial by jury.

The right to a trial by jury for civil suits dates back almost 800 years, to the signing of the Magna Carta. Article 39 of the Magna Carta specifically guaranteed the right to a jury trial for civil suits and criminal cases.

Our Founding Fathers also agreed with the importance of a trial by jury. In the words of James Madison, “In suits at common law, trial by jury in civil cases is as essential to secure the liberty of the people as any one of the pre-existent rights of nature.”

Votes on tort reform will be one of the first true tests of newly-elected Constitutional Conservatives. In fact, the House will vote on Wednesday to repeal the health care reform law and take steps toward creating an alternative plan that would include limiting the legal rights of patients. These members should consider how this idea conflicts with the limited government they promote.

The concept of tort reform is an assault on states’ rights and individual freedom. Though politics may try to disguise our commonalities, constitutional conservatives claim adherence to very similar principles as do trial attorneys: preserving and promoting individual liberty, responsibility and the rule of law.

Our founding fathers had no intention of making the 2nd Amendment more or less important than the 7th, or any other part of the Bill of Rights. We cannot pick and choose which parts of the Constitution to follow or to ignore.

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Supreme Court Again Expands Use of Forced Arbitration Clauses



Unfortunately, the Supreme Court has taken another opportunity to expand the use of forced arbitration clauses in consumer contracts, denying us the right to negotiate such clauses out and take our claims to a jury. On the heels of the landmark ATT Mobility v. Concepcion decision, the Court held in CompuCredit v. Greenwood, that companies that promise to repair an individual’s credit can force customers into arbitration, instead of to a judge or jury trial, under the Federal Arbitration Act (FAA), even though the 1996 the Credit Repair Organizations Act gives consumers “the right to sue,” because the latter act doesn’t explicitly overrule the FAA. The impact of this decision extends the scope of the FAA and represents another in a string of decisions approving of forced arbitration clauses in consumer contracts.

A 1965 Supreme Court decision included a powerful summary of the detriments of arbitration: “Arbitration differs from judicial proceedings in many ways: arbitration carries no right to a jury trial as guaranteed by the Seventh Amendment; arbitrators need not be instructed in the law; they are not bound by rules of evidence; they need not give reasons for their awards; witnesses need not be sworn; the record of proceedings need not be complete; and judicial review, it has been held, is extremely limited.”

Forced arbitration clauses are never negotiable by the consumer, and the proceedings are heavily biased towards the business. The FAA might now be the most powerful anti-jury trial federal law on the books, with consumers trapped.

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Rick Perry Panics And Trashes Founders States Rights Jury Trials



Governor Rick Perry took the gloves off in the CNN-Tea Party Express debate, declaring war on the 7th and 10th Amendments by calling for “federal tort reform,” as follows:

“…one of the things that’s really important, one of the things that the Fed Reserve chairman said was the most powerful, one of the most powerful thing that happened, was tort reform that we passed in that state. You want to talk about some powerful job creation, tell the trial lawyers to get out of your state and to quit costing businessmen and women. That’s what needs to happen in the states. and it’s also what needs to happen at the federal level, passing federal tort reform at those federal levels.”

So never mind that SEVEN conservative experts on constitutional law, including the leading anti-ObamaCare professor in America and two noted ANTI-civil litigation experts, have written that federal tort reform is an unconstitutional abridgement of states’ rights. Never mind that the long list of REPUBLICANS who agree with that assessment include former Texas judge and current Congressman Ted Poe; Rep. Ron Paul; Sen. Tom Coburn; Tea Party favorite Rep. Morgan Griffith of Virginia; and veteran Rep. John Duncan of Tennessee. Never mind that the co-founder of the Tea Party Patriots, Mark Meckler of Texas, also says that tort law is a province of the states. Forget about the long letter by the bi-partisan National Conference of State Legislators, co-signed by a Texas state representive, that warned Congress against enacting federal tort reform because it violates states’ rights.

Has Rick Perry or his vaunted team ever read what the Founding Fathers actually wrote about the right to a jury trial for civil suits? What about James Madison’s famous admonition that the 7th Amendment right is “as essential in securing the liberty of the people as any of the pre-eminent rights of nature,” and Thomas Jefferson’s clear principle that trial by jury in all cases is “the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” Doesn’t he realize that
the protection of any of our inalienable rights depends, in large measure, on the right to unfettered access to state and local courts?

Conservatives like Rick Perry who think that “tort reform” can be limited to just medical malpractice cases are dreaming. When any of our rights are compromised, ALL of our rights are limited, including the rights to freely exercise our religion, bear arms, express our opinions without fear of being muzzled, and enjoy the benefits of our private property and labor freely offered.

No, Perry didn’t care about constitutional principles at all. He felt the heat of all the criticism he was taking from the other candidates and grasped for the big applause line – “kill all the lawyers.” He shot his mouth off in the heat of battle. Sound like a real President to you? What will he say when he’s up against a real tough guy, like Ahmadinijad? If he’s ignorant on some of the basic writings of our Founding Fathers, distrustful of local juries, and willing to throw the Constitution overboard for an applause line, how are we supposed to trust him with our lives and fortunes?

Ideas have consequences. I’ll discuss the real-world consequences of Rick Perry’s federal tort reform for victims in my next post. For starters, the consequences are that Rick Perry breaks his promises; that he’s a phony “states’ righter;” he’s flip-flopped on the use of federal power and the Constitution as they apply to abortion, marriage, and the civil jury process; he’s not a real “Tea Party” leader or representative; and he’s a classic “crony capitalist.” What else is there?

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Quote of the Day Sen Tom Coburn Opposes HR 5 Federal Tort Reform Laws



What I worry about as a fiscal conservative and also as a constitutionalist, is that the first time we put our nose under the tent to start telling Oklahoma or Ohio or Michigan what their tort law will be, where will it stop? In other words, if we can expand the commerce clause enough to mandate that you have to buy health insurance, then I’m sure nobody would object to saying we can extend it enough to say what your tort law is going to be. Then we are going to have the federal government telling us what our tort laws are going to be in healthcare, and what about our tort laws in everything else? Where does it stop?

One of the things our founders believed was that our 13 separate states could actually have some unique identity under this constitution and maybe do things differently, and I think we ought to allow that process to continue as long as we are protecting human and civil rights.

So says Sen. Tom Coburn, Republican from Oklahoma and a veteran doctor, in a new interview with Medscape, a pro-tort reform website. Thank God there are more clear-eyed Constitutional conservatives now in Congress like Sen. Coburn, who recognizes what the Founding Fathers were actually doing when they enacted the Commerce Clause and the Bill of Rights. The Commerce Clause in no way justifies the imposition of federal tort reform laws such as H.R. 5, the medical malpractice tort reform bill to federally limit civil suits against health care providers, drug and device companies, and insurance companies. He reiterates the point that I made here on May 6, that if health insurance isn’t “commerce,” then neither is health litigation. Sen. Coburn also recognizes that the so-called “state flexibility” section in H.R. 5 is a joke and doesn’t protect states’ rights at all, in contradiction to the 10th Amendment.

Sen. Coburn joins the following SEVEN Constitutional scholars in opposing H.R. 5 and the wholesale destruction of states’ rights through sweeping federal tort reform laws:

Prof. John Baker, LSU Law School
Prof. Randy Barnett, Georgetown Law Center
Rob Natelson, Independence Institute
Walter Olson, Cato Institute
Ted Frank
Prof. Ilya Somin, George Mason Law School
Prof. Jonathan Adler, Case Western Reserve Law School

Sen. Coburn is joined by Tea Party Patriots co-founder Mark Meckler and real conservatives in Congress such as Reps. Ron Paul, John Duncan, Morgan Griffith, Lee Terry, and many others.

Sen. Coburn’s vote for Constitutional limits on Congressional power is a breath of fresh air, and we should support him with calls and e-mails to our Congressmen and Senators.

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The Constitutions Police Power Including Tort Law Isnt Subject to Federal Authority



The Supreme Court’s decision in the Obamacare case (Acrobat document) highlighted the limits of federal authority over states’ and individual rights. Over and over again, Chief Justice Roberts wrote of the Constitution’s enumerated powers for the federal government and of the need to protect states from an overreaching federal government. He defined states’ rights in terms of the inherent “police power” which is reserved for the states. Here is a key quote:

The Constitution may restrict state governments–as it does, for example, by forbidding them to deny any person the equal protection of the laws. But where such prohibitions do not apply, state governments do not need constitutional authorization to act. The States thus can and do perform many of the vital functions of modern government–punishing street crime, running public schools, and zoning property for development, to name but a few–even though the Constitution’s text does not authorize any government to do so. Our cases refer to this general power of governing, possessed by the States but not by the Federal Government, as the ‘police power.’ See, e.g., United States v. Morrison, 529 U. S. 598, 618-619 (2000).

And Justice Roberts was unwilling to enable the federal government to mandate the purchase of health insurance under the Commerce Clause, in contradiction to the “police power” of the states.

“The Commerce Clause is not a general license to regulate an individual from cradle to grave, simply because he will predictably engage in particular transactions. Any police power to regulate individuals as such, as opposed to their activities, remains vested in the States… The Government argues that the individual mandate can be sustained as a sort of exception to this rule, because health insurance is a unique product… The proximity and degree of connection between the mandate and the subsequent commercial activity is too lacking to justify an exception of the sort urged by the Government. The individual mandate forces individuals into commerce precisely because they elected to refrain from commercial activity. Such a law cannot be sustained under a clause authorizing Congress to ‘regulate Commerce.'”

Justice Roberts cited the U.S. v Morrison case, in which then-Chief Justice Rehnquist wrote several times that the Constitution reserved the “police power” to the states, and quoted from the Supreme Court’s ruling in the U.S. v Lopez case: “[W]e always have rejected readings of the Commerce Clause and the scope of federal power that would permit Congress to exercise a police power.”

Paul Clement, who argued the case against Obamacare before the Court, also asserted that “the police power resides with the states” in a debate at the 2011 Federalist Society national convention. In the brief filed for the State of Florida before the Court, he asserted that the Constitution “reserves the plenary police power to the states” (page 17 of the brief).

So what is included under the umbrella of the constitutional “police power?” Well, one of the Republicans’ favorite legal experts and anti-Obamacare theorists says that tort law is a “police power” not subject to federal authority:

Prof. Randy Barnett, in May 2011: “But tort law — the body of rules by which persons seek damages for injuries to their person and property — has always been regulated by states, not the federal government. Tort law is at the heart of what is called the ‘police power’ of states… Indeed, if Congress now can regulate tort law, which has always been at the core of state powers, then Congress, and not the states, has a general police power.”

And other top Republican, anti-Obamacare constitutional experts clearly agree with Prof. Barnett’s conclusion that Congress has no business regulating tort law through, for instance, federal limits on awards in medical malpractice lawsuits.

Virginia Attorney General Ken Cuccinelli, in November 2011, writing about a Senate bill to cap awards in medical malpractice cases: “The legislation is breathtakingly broad in its assumptions about federal power, particularly the same power to regulate commerce that lies at the heart of all the lawsuits (including Virginia’s) against the individual mandate of the 2010 federal health-care law… This legislation expands federal power, tramples the states and violates the Constitution.”

Sen. Mike Lee on Fox Business Network in March: “It’s the states that license and regulate health care, health insurance companies. It’s the states that come up with the system of tort laws that govern medical malpractice lawsuits.”

Prof. John Baker, in June 2011: “To justify their efforts to nationalize medical malpractice law, House Republicans are stretching the Supreme Court’s New Deal Commerce Clause jurisprudence almost as far as Democrats did for Obamacare.”

Carrie Severino of the Judicial Action Network, in October 2011: “The law’s own justification for its constitutional authority should be chilling to anyone committed to limited federal power… Congress would be nationalizing purely local activity because state-by-state solutions would require a lot of resources and hard work.”

Rob Natelson, writing about the Founders’ intentions in the Constitution in his monograph titled, ‘The Roots of Judicial Federalism’: “Reserved to the states would be nearly all the authority they had exercised previously, including power over state court procedures and over existing areas of substantive jurisdiction. With a few exceptions, therefore, the states were left in exclusive possession of the law of torts, contracts, inheritance, property, and criminal law.”

So there’s no argument among top Republican experts – tort law just isn’t a federal issue, and the Obamacare decision only made that point perfectly clear.

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Trial Lawyer For Religious Freedom Speaks At Rally



Robert Muise, Esq., is the co-founder of the American Freedom Law Center, a nonprofit litigation firm fighting for religious freedom in courtrooms nationwide. AFLC is one of the conservative religious liberty litigation firms that I refer to as the “Trial Lawyers For Religious Freedom,” a group that includes the Alliance Defense Fund, the Becket Fund, and and the Thomas More Law Center, which Muise also founded.

Earlier this year, AFLC filed a lawsuit against the Obamacare contraception mandates on behalf on the Catholic group “Priests For Life.” On Friday, Mr. Muise spoke at one of the scores of “Stand Up For Religious Freedom” rallies held nationwide, to discuss the lawsuits.

Mr. Muise, a Catholic, co-founded AFLC with David Yerushami, an Orthodox Jew, and highlighted the nonsectarian nature of religious freedom in his remarks. “This is not just a Catholic issue, it’s an American issue.” You can watch Muise’s remarks here:

Republicans who condemn trial lawyers should remember that champions of religious freedom such as Muise are filing their suits under the same Constitution and Bill of Rights as trial lawyers filing medical malpractice and product liability claims.

Do anti-trial lawyer Republicans want to “tort reform” the religious freedom lawsuits filed by AFLC, ADF, and the Catholic groups and limit their rights in court?

Do anti-trial lawyer Republicans want to give orders to state courts on the procedures for hearing such suits, just as they do in H.R. 5, the bill to federally limit medmal awards?

Do anti-trial lawyer Republicans want to impose federal wage controls on trial lawyers for religious freedom, like they propose in H.R. 5 for attorneys filing medmal lawsuits?

When will the Republicans who slam trial lawyers realize that the Founding Fathers created ONE process for the disposition of civil suits for ALL claims – religious freedom, gun rights, property rights, AND medmal AND product liability claims? And protected the right to a jury trial for ALL civil suits in the 7th Amendment – a right now demanded by Catholic Bishops and charities around the country?

Because sooner or later, if the “tort reform” movement gets its way in Congress to protect health care professionals from negligence, some group might try to “tort reform” away our religious freedom.

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Quote of the Day Archives



But federalism is as much a question of deeds as words. It often takes the form of a concrete decision by this Court that respects the legitimacy of a State’s action in an individual case. Here, recognition of that federalist ideal, embodied in specific language in this particular statute, should lead us to uphold California’s law, not to strike it down. We do not honor federalist principles in their breach.

So wrote that noted champion of the 7th and 10th Amendments, Supreme Court Justice Stephen Breyer, on the last page of a dissent from a majority decision today that pre-empts and overrules California consumer protection law in favor of the Federal Arbitration Act (“FAA”). Yes, I’m joking – I don’t see Justice Breyer’s name on many lips of Constitutional conservatives or Tea Party websites. And in fact, Justice Breyer has sided with pro-pre-emption Justices in other cases, notably over medical device regulation, a subject I addressed last year. But in the decision announced today in AT&T Mobility LLC v Concepcion, Justice Breyer and the three other Democrat-nominated Justices supported states’ rights and dissented from the majority’s pre-emption hammer. In so doing, they supported states which want to allow their citizens to exercise their 7th Amendment right to a civil jury trial when trapped by forced arbitration clauses in a consumer contract (in this case, a cell phone contract).

In contrast, each of the Republican-nominated Justices, led by Justice Scalia (who apparently has never met a pro-pre-emption argument he didn’t like), struck down California state law and court decisions enabling class action lawsuits against forced arbitration clauses in consumer contracts. So even when a state acts to protect its citizens from such abusive contracts, the FAA trumps the state law. When faced with language in Section 2 of the FAA that should protect states’ ability to revoke any contract (“save upon such grounds as exist at law or in equity for the revocation of any contract”), the majority flattens it:

Although §2’s saving clause preserves generally applicable contract defenses, nothing in it suggests an intent to preserve state-law rules that stand as an obstacle to the accomplishment of the FAA’s objectives

So Constitutional principles like states’ rights and civil jury trials are “obstacles” to be removed or ignored.

Justice Thomas was the swing vote in this case, but still voted to abandon states’ rights. He hesitated before joining the assault by writing a concurring opinion in which he asserts that he adheres to views on pre-emption expressed in a previous opinion, Wyeth v. Levine on the regulation of drugs, but then he “reluctantly” joins the Court’s opinion.

The practical impacts of the decision could be enormous. As the dissent notes, it will force an end to many class actions, as few consumers and fewer attorneys will bring an individual case for small amounts of damages. Forced arbitration clauses are now buried in consumer contracts for everything from computers, credit cards and cell phones, to employee handbooks and nursing home admissions contracts. The decision also threatens the rights of employees as well. Employers are increasingly inserting arbitration clauses, with bans on class action suits, into employment contracts. It will be far more difficult for employees to fight discrimination, because they will be unable to file class action suits.

If the 7th and 10th Amendments are to be reinvigorated, Congress will have to take specific and strong action to enable Americans to opt out of forced arbitration clauses in consumer and employment contracts.

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Randy Barnett Vows to Lead Fight Against Federal Medmal Limits



Prof. Randy Barnett was one of the leading theorists among Tea Party activists and Republicans in the court battles against Obamacare. He was co-counsel for the complaint filed by the NFIB, which was eventually the basis for the Supreme Court ruling that Obamacare is an excessive use of federal power and an invalid exercise of the Commerce Clause and the Necessary and Proper Clause.

Prof. Barnett has also been a staunch opponent of federal tort reform bills, and for the same reason as his opposition to Obamacare. Last year, he wrote in May, and again in November, that tort law belongs to the states, and thus is beyond the reach of federal authority. “Indeed, if Congress now can regulate tort law, which has always been at the core of state powers, then Congress, and not the states, has a general police power.” He’s been joined in that view by other libertarian and conservative legal scholars, such as John Baker, Carrie Severino, Ilya Somin, and Rob Natelson, and by elected Republicans such as Virginia Attorney General Ken Cuccinelli, Senators Tom Coburn and Mike Lee, and numerous House Republicans who honor federalism.

While GOP leadership has quoted and promoted Prof. Barnett’s views on Obamacare, they’ve completely ignored him on the subject of federal tort reform, and in the process overridden opposition by constitutional conservatives in both houses. House leaders attached H.R. 5, a bill mandating federal limits on damages in medical malpractice lawsuits, to two bills to ensure House approval, and Senate GOP leaders attached their version of H.R. 5 to a Republican “jobs bill.”

Now Prof. Barnett has taken his opposition further, vowing to lead court challenges to any enacted federal medmal law. He is convinced that the Supreme Court’s Obamacare ruling makes a constitutional challenge to such a law much more likely to succeed. He participated in a teleforum on the post-Obamacare environment run by the Federalist Society for members on July 17, and the Society finally posted the podcast last week. As a member of the Federalist Society, I was entitled to participate, so I asked Prof. Barnett about the impact of the decision on federal tort reform bills, and specifically on the federal medmal limits pushed by GOP leaders.

Prof. Barnett responded by saying that the jurisdictional basis for federal tort reform can now be “easily challenged,” He added, “I will help lead that challenge if ever enacted, and I think we would actually have an easier time defeating that than defeating the (Obamacare) mandate… In fact, this court would strike that down (referring to federal medmal limits)… I’ll be involved in the lawsuit.

You can download and listen to the entire podcast from the Federalist Society’s website (MP3 file). My question and his response start just after the 51:10 mark.

Prof. Barnett isn’t the first Tea-Party-side constitutional scholar to write that the SCOTUS Obamacare decision makes a federal law limiting medmal damages more likely to be found unconstitutional. On July 27, Rob Natelson of the Independence Institute and the Tenth Amendment Center posted, “Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional,” in which he wrote, “Chief Justice Roberts’ health care opinion strongly suggests that the Necessary and Proper Clause is simply not broad enough to include the kind of control over state courts that H.R. 5 would impose… It seems clear that the Supreme Court will not tolerate efforts by Congress to dictate rules and procedures to state courts. In light of this new information, the sponsors of H.R. 5 should honor their oath to support the Constitution by promptly withdrawing the bill.”

So it’s likely the same group of legal libertarian and conservative scholars who opposed Obamacare will also oppose federal limits on medmal damages and other federal tort reform bills. Republican leaders who insist on capping victims’ rights in federal law now face the embarrassing spectacle of seeing their brightest legal stars publicly opposing them in public and in the courts.

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Today Remember Terrorism Victims Constitutional Rights



On this anniversary of the terrorist attacks on September 11, 2001, I want to highlight the God-given and constitutionally protected rights of American terrorism victims to hold the terrorists and their sponsors accountable in court. Our Founding Fathers designed a civil justice system to enable all Americans to hold wrongdoers accountable for damages. The Founders built this system upon a centuries-old Judeo-Christian ethic, established by Moses among the Israelites and ensconced in Western jurisprudence in the Magna Carta in Britain in 1215.

“Can the liberties of a nation be secure when we have removed a conviction that these liberties are the gift of God?” When visitors to Washington, D.C. walk into the beautiful Jefferson Memorial, they look up and read a number of quotes from Thomas Jefferson, including that one. Our Founders had no difficulty identifying Almighty G-O-D as the source of all human rights. In our Founding Documents, God the Creator is explicitly recognized time and again. Jefferson, Adams, Madison, and Washington couldn’t comprehend an America that deletes that conviction from our political documents.

It’s been my honor to assist American terrorism victims for over seven years in the halls of Congress and the Executive Branch, lobbying for legislation and administrative action to enable their constitutional rights and achieve some measure of justice. Victims of the 9/11 attacks, Muammar Qaddafi’s reign of terror, deadly bombings by Hamas in Israel, and Iranian terrorism attacks have benefitted from a bipartisan consensus to help Americans take the terrorists’ and their sponsors’ money through civil suits. Section 502 of the new Iran sanctions law, signed by President Obama last month, enables the taking of the most money from a state sponsor of terrorism in 30 years, for the benefit of American victims of Iran’s terrorism.

I discussed the God-given rights of terrorism victims to hold terrorists accountable, and the need to protect the 7th Amendment right to a jury trial for civil suits in health care lawsuits, on today’s edition of the What’s Up radio program, hosted by Terry Lowry, broadcast on Sirius Channel 131 and on 12 radio stations. You can download and listen to that show in four segments:

Segment One – Where Do My Rights Come From?
Segment Two – Where Were You On September 11, 2001?
Segment Three and Segment Four – Obamacare, federal caps on medmal lawsuits, and Prof. Randy Barnett’s opposition to both.

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Update on Fromms Home Bible Study Case Sacketts Property Rights Case



I have an update on two cases about which I posted on September 27.

I was interviewed on the nationally syndicated “What’s Up” radio program by host Terry Lowry about the action brought by the City of San Juan Capistrano, California, against Chuck and Stephanie Fromm for hosting a small home Bible study group in their home. During the interview, Terry and I discussed the centuries-old right, recognized now in the 7th Amendment to the Constitution, to sue the sovereign or Executive Branch to protect all of the God-given rights now protected in the Bill of Rights. “Tort reform” proponents who think that it’s worth abridging our 7th Amendment right to benefit the business community ignore the fact that the Founding Fathers honored that right for cases involving religious liberty, property rights, and free speech, as well as for medical malpractice and products liability cases. You can download and listen to my interview.

Sen. Rand Paul announced that he’ll hold a roundtable on Wednesday, Oct. 12, with “victims of the U.S. government’s multi-pronged assault on private property rights.” The list of victims includes Mike and Chantell Sackett of Idaho, who bought a plot of residential land to build a new home, only to be told by the EPA that their land was federal “wetlands.” EPA refused to hear the Sacketts’ appeals on the order, then challenged their constitutional right to file a lawsuit against EPA for injunctive relief. The Sacketts and their attorneys, the Pacific Legal Foundation, are taking their case to the Supreme Court this winter. I look forward to the roundtable and hope to see Sen. Paul start some legislative action to rein in EPA from squashing Americans’ property rights. Here is the PLF’s page on their website about the case.

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Jeopardy Contestants Flunked Constitutional Rights Test



I wrote almost two years ago that the right to a civil jury trial, protected in the Seventh Amendment, is the most ignored, unknown and endangered constitutional right in any of the amendments in the Bill of Rights. Not that I needed proof, but I saw it again over the weekend. The “Jeopardy” game show episode broadcast in the Washington, DC, area on Saturday, May 12, included a column of five questions titled, “Know Your Rights.” If the results are a valid sample of the public’s knowledge of the Bill of Rights, we are either doomed or at least in big trouble. Only two of the five questions were correctly answered, with three questions incorrectly answered. The Seventh Amendment was one of the subjects of an incorrectly answered question; the contestant said that threshold for a civil jury trial was $10, when it’s $20. The 60% failure rate would have been a “F” in any classroom. In contrast, the contestants correctly answered four of the five questions about famous princesses and all five questions about an exercise workout.

You’d think that at a time when we hear concepts such as religious liberty, gun rights, free speech, and Tea Party, each with a basis in constitutional history, thrown all over the mass media that the public would have a better idea of their origin.

The episode was originally broadcast on November 25, 2010, and you can see all of the questions on this website. Take the quiz yourself and see if you can correctly answer the the four other questions on constitutional rights (scroll the mouse over the dollar amount in the box for the correct answer).

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Constitutional Conservatives Should Support the Foreign Manufacturers Legal Accountability Act



Today, by a bipartisan vote, the House Energy and Commerce Committee approved H.R. 4678, the “Foreign Manufacturers Legal Accountability Act of 2010.” a bill supported by Republicans and Democrats, to enable American consumers to hold a foreign manufacturer accountable in U.S. courts for serious defects. I first wrote about the Act on June 29 and described the benefits to consumers who find themselves the victims of bad imported drywall, toys, food products, etc., but cannot sue the foreign maker here because of lack of minimum contacts. In this post I want to summarize the reasons why Constitutional conservatives and Tea Partiers should support the Act, as follows:

(1) The Act would force foreign manufacturers to play by the same rules as American companies. Foreign manufacturers are evading the U.S. legal system and forcing us to go to their home country and try to sue the company there, a costly and time-consuming process. Why should a consumer have to travel to China to serve the drywall maker, when the company does millions of dollars of business in the U.S. and already has an agent here serving as the importer? And why should we continue to allow Chinese law apply to us when we’re injured in our own house by their drywall or toys? Under the Act, foreign manufacturers would be required to register an agent, located in the states in which the company does business, to accept service of process for civil suits. As a result, foreign manufacturers would no longer get a free pass, and would be more likely to send safer products into the U.S. Our businesses should not be forced to unfairly compete against foreign businesses that are easily skirting the law.

(2) Our companies are already often subject to jurisdiction overseas, where the injury occurs, so the Act simply closes that loophole by creating consistent jurisdictional rules. For example, a number of European countries and Japan already have an in-country jurisdictional mandate for persons injured by products manufactured in the U.S. Even China’s new tort law recognizes jurisdiction where the injury or harm occurred. Closing the international loophole would give our consumers and businesses the same rights that foreign consumers and business enjoy.

(3) In many cases, the Act will actually decrease and even relieve liability for the U.S. companies which distribute and market foreign-made goods. When a foreign manufacturer cannot be located and sued, the U.S. seller may be the only party available to defend the lawsuit filed by the injured consumer. The Act would help our businesses because liability would either be transferred to or shared with the foreign makers, and not borne solely by the U.S. partner.

(4) Our Constitution isn’t a ticket for foreign companies to come into our house, sell their defective products, and then thumb their nose at our legal system, especially if our companies are subject to their legal system. We’ve let them get away with this for too long. The best way to correct the trade loophole – the most “Constitutionally conservative” way to do it – is to let Americans injured by bad foreign products to take them into a local court and let 12 good and fair jurors decide the validity of the lawsuit, the way designed in our Constitution and in almost 800 years of American-British civil law.

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Jury Should Determine Virginia Tech Shooting Damages Not Judges



Two families of students killed in the 2007 mass shooting at Virginia Tech are in court today, asking a three-judge panel of the Virginia Supreme Court to allow them to appeal a judge’s decision on the negligence case they successfully pursued against the university. The families of Erin Peterson and Julia Pryde sued the university for negligence, and the jury agreed and awarded $4 million to each to the families. But a state appellate judge reduced the awards to $100,000 under a state law capping non-economic damages. The families want to reinstate the university president as a defendant, but I object to the reduction in the damages award.

That reduction begs the following questions: Why don’t we trust the same jurors who hear all of the facts, listen to all of the testimony, and determine legal liability to determine the amount of damages? What makes a judge, or any small group of judges, so special that they should have the power to override a jury’s decision? Why do we allow state legislators to arbitrarily set a rigid cap on non-economic damages? Can’t state law at least enable a jury to “bust the cap” as it sees fit in unique circumstances? Where in the Founding Documents of the United States is there any support by the Founding Fathers for the idea of overriding a jury’s decision on damages through an inflexible state statute or an arbitrary decision by a judge?

The jury in the Virginia Tech shootings case found that the university’s senior officials were negligent in not warning students that a homicidal maniac had already killed students and was on the loose. The jury consciously decided that the university officials were so grossly negligent that the they had to award millions of dollars in damages to the families. That decision by twelve honorable Virginians should have been honored in state law and by state judges.

I hope the Virginia Governor and General Assembly will consider that their fellow Virginians Thomas Jefferson, James Madison and George Mason honored and protected the jury’s right to determine civil liability and never, ever, proposed limiting a jury’s discretion to award damages. It was Madison who described trial by jury in civil cases “as essential to secure the liberty of the people as any one of the pre-existent rights of nature” and who protected it in the Seventh Amendment. Mason refused to sign the Constitution because of the absence of a Bill of Rights, and he specifically demanded trial by jury in civil cases. To arbitrarily cap a jury’s award, without even the ability of a single jury to override a statutory cap in special circumstances, ignores the unique place granted to civil jury trials by Founders such as Jefferson, Madison and Mason and dilutes the power of a jury to hold a defendant fully liable for gross negligence.

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