State response to Brandon Rhineart premption and the San Bernadion cases

[Oakview2]

http://www.goldgold.com/wp-content/uploads/2013/11/RespBrief_3.pdf

http://www.goldgold.com/wp-content/uploads/2013/11/49ersMPAs.pdf

 

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[goldenIrishman]

Why is it that legal "Briefs" are always anything but brief?

 

[Clay Diggins]

Briefs = BVDs in this case. Not time.

Thanks for sharing the link Oakview2. I'm not a big fan of the argument Brandon is presenting but this response is pretty amateur for a State's attorney.

Condensed it pretty much amounts to "nuh-uh my cites are better than yours." Not a lot of time or thought put into the State's response. I'm guessing they think they have a slam dunk and put their best copy and paste flunky on the case.

 

[Oakview2]

I thought considering its length that was a good sign. There a lot of case law dealing with premption, and their lack of case law bodes well for a win in this case. I am not and attorney, so I could be wrong.

 

[Clay Diggins]

Yeah they cherry picked their cites Oakview. That's the "new" practice of law that's been coming out of Chicago and bad TV. They don't even try to discover the facts and the law anymore.

The practice of law hasn't escaped the constant dumbing down this nation is experiencing. It's just another part of the reason people in other countries are beginning to think the "Jackass" movies are the new American standard of behavior.

 

[Fullpan]

Sorry, not this time oak, just couldn't get through the whole depressing mess. What I did get was, if the Congress does not specifically say, "you states cannot change this law" then its a moot argument for pre-emption. That's like saying Calif. can outlaw (place a moratorium on) all airport traffic until mitigations are in place to protect the environment, and as long as the FAA doesn't say in its laws, "you can't do that", its legal. What a crock.

 

[Hoser John]

Absolutely no surprise whatsoever as once a right is gone it's 10,000 times harder to REATTAIN than to preserve but THAT took away from RECREATIONAL prospectors time to play so now we all pay forevermore sayeth the craven raven-John

 

[Oakview2]

They have had shows on moonshiners, pot growers, how long before the new reality show, OUTLAW DREDGERS

 

[KevinInColorado]

They have had shows on moonshiners, pot growers, how long before the new reality show, OUTLAW DREDGERS

do they make night vision dive masks? Just kidding of course, I would never advocate breaking the law. Just take self and your gear elsewhere - vote and vote with your wallet both!