
Remember
“One of the owners, Davenport attorney Joe Polaschek, who is part owner of 70 acres in the area near 53rd Street and Eastern Avenue, said he withdrew a proposal to develop 40 acres in the style because city rules are too restrictive and canceled out the benefit of the more densely packed housing he would have been allowed to build.The city bought into a project involving a square mile of vacant farm land several years back and announced plans for a golf course, an industrial park and mixed-use residential areas. Subsequently, several members of the city council that approved what a skeptical electorate saw as a boondoggle got tossed out of office, and the city has been trying to salvage something from the concept ever since.
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‘I wouldn’t build it myself,” Polaschek said of the city plan. “I don’t think it will sell.’
New urbanism emphasizes small lots, small yards, houses crammed close together, front porches close to the street, detached garages on alleyways and streets and neighborhoods that are scaled for people instead of cars so that there is more walking and more interaction among neighbors.”
In addition the commentary states:Rule 3.07 Trial Publicity
(a) In the course of representing a client, a lawyer shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicatory proceeding. A lawyer shall not counsel or assist another person to make such a statement.
(b) A lawyer ordinarily will violate paragraph (a), and the likelihood of a violation increases if the adjudication is ongoing or imminent, by making an extrajudicial statement of the type referred to in
that paragraph when the statement refers to:
(1) the character, credibility, reputation or criminal record of a party, suspect in a criminal investigation or witness; or the expected testimony of a party or witness;
(2) in a criminal case or proceeding that could result in incarceration, the possibility of a plea of guilty to the offense; the existence or contents of any confession, admission, or statement given by a defendant or suspect; or that persons refusal or failure to make a statement;
***(4) any opinion as to the guilt or innocence of a defendant or suspect in a criminal case or proceeding that could result in incarceration; or
So, while Ronnie's statements were clearly inappropriate, the liklihood of a finding of "material prejudice" is low for a number of reasons. First, Ronnie can always claim that the pissing match between Delay and the prosecutors office precipitated the statements thus entering us into the wonderful world of balancing. Second, Ronnie is such a partisan hack that it's hard for anyone to take him seriously. Third, Delay is a public figure also who has eminent capability to defend himself in the public domain. As much as I wish it were otherwise, Ronnie can probably rest easy at least on this account.3. The existence of material prejudice normally depends on the circumstances in
which a particular statement is made. For example, an otherwise objectionable
statement may be excusable if reasonably calculated to counter the unfair
prejudicial effect of another public statement. Applicable constitutional
principles require that the disciplinary standard in this area retain the
flexibility needed to take such unique considerations into account.
In the wake of the incident, American military spokespeople have taken pains to defend handling of prisoners at Okoboji. A series of new guidelines instruct guards to “respect the rituals and traditions of our valued Lutheran prison guests,” including “dietary needs, Wednesday Nite Bingo, and twice daily viewing of Wheel of Fortune.”
“It is important that we remember that Lutheranism is a religion of peace,” said Army spokesman Maj. Richard Lehrman. “And we need to remember to avoid insensitive behavior and remarks that will cause these peaceful Lutherans to go on another bloody killing rampage.”
…Frist, in contrast, “wants to pull the trigger.” That's partly a matter of politics: “Our base views this as a huge issue.” Partly a matter of personal vindication in the struggle with the Dems: “They've just been jerking him around in terms of his leadership.” And it's partly because the merits of the case for ending the judicial filibuster are strong.Conventional Wisdom, based on a few bogus opinion polls says the Republicans will be hurt if they invoke the ‘nuclear option’. At this point, they may be hurt more if they back down. Many conservatives, including this writer, are more than a little disgusted with the lack of either leadership or backbone that’s been shown so far.
They should duplicate the World Trade Center and not build something that looks like an empty skeleton.
The design for the Freedom Tower is an egghead design, designed by an egghead, which has no practical application and which, frankly, didn't look very good.
Well I know it's a little early in the election cycle to begin complaining but frankly I've had it up to here (visualize me holding my hand 30 feet above my head) with the spineless, feckless, weak, and moronic appeasementof Gov. Vilsack and the Democrats by our nominally Republican state legislators. While I personally like and respect my State Senator (JerryBehn) and State Representative (Ralph Watts) I am quickly approaching the point where I cannot pull the lever for any state level Republican.
I know intellectually that I should not let the perfect be the enemy of the goodand that politics is the art of the possible. However, after 20+ years ofRepublicans controlling all or part of the state legislature (and excludingthe last 8 years with a Republican governor) shouldn't we expect some marginally conservative actions out of our representatives? Is it too much to ask that Republicans lead when it comes to ideas? To wit, what follows is a relatively comprehensive listing of general gripes and suggestions for Republicans which, if properly responded to, will retain my continued allegiance (in no particular order).
Tax Cuts: Why have there been no substantial tax cuts in recent memory? Please don't tell me that everything the state does is so important that it justifies a continuing theft of my money to fund it. Iowa has more government employees at all levels per capita than almost any other state in the union. We are the France of America. To top it off, our tax structure discourages new business and drives retirees out. It is absolutely shameful and inexcusable that our Republican legislators have not eased the tax burden in this state.
Death Penalty: Every time a serious crime happens the legislators get all puffed up and propose a death penalty. Every time the proposal loses horribly. There is simply no justification for a lack of a death penalty in this state for first degree murder, multiple felons, and felony murder. NONE. Frankly, I'd just settle for one for child rapists and cop killers.
Retarded Corporate Giveaways (a/k/a Iowa Values): We've beaten this issue to death here but it still frosts my ass every time I see some multimillion dollar company go hat in hand to some weasely bureaucracy begging for a handout. Why has there not been any ideological debate over the proper role of government? How much money will it take to bribe Maytag into sticking around another 18 months?
Shiny Baubles (a/k/a Vision Iowa): See above. How did the majority of our legislators get sold on a proposal that rapes and pillages the countryside so that the metros can fund pet projects that benefit only them? How did anyone ever think that Iowa should become the center of fake rainforest research in upper midwestern states lying exclusively between two major rivers?
7 to 7.5% increase in state funding: Our House folks agree to 7% and the Senate reaches a compromise with the governor for 7.5%. House Leader Rants accuses the Senate of irresponsible profligacy. Huh? How about freezing the State budget for a couple of years. Lets just keep the increases below inflation and population growth/shrinkage. What a freaking joke.
Balance Budget Monkey Business: Look we all know that the balanced budget is bunkum. Don't pee on my head and tell me it's raining. The Rs are just as bad as the Ds, if not worse. At least the Ds occasionally muster the courage to tell us they want to raise taxes to pay for their programs. When it happens it's intellectually honest. The Rs on the other hand can't ever advocate raising taxes, nor would I want them to. But they also don't have the testicular fortitude to actually propose cutting programs. Instead they conspire with the governor to engage in accounting tricks that would make Arthur Anderson blush and then blow sunshine up our ass about how dandy everything is. Pay no attention to that man behind the curtain.
County Consolidation: 99 counties is a ridiculous number. We could probably get by with 6. I'm willing to split the difference and make it 49. Counties were originally planned so that the county seat was no more than one day's horse ride away. Given the prevalence of these new fangled automobiles I think that a county seat could be nearly 180 miles away and still serve its purpose. It doesn't even have to be mandated. Just do thesame thing we did with schools. Give each one a per capita $ amount for budget and encourage them to consolidate services. Sue me for wanting to drag state government into the early 20th century.
Vouchers and charter schools: I realize that most of Iowa doesn't have the population to support robust private schools or charter schools. Our public school open enrollment goes a long way toward improving educational prospects in rural Iowa. But some of the metro schools are just bad. Minority parents especially would benefit from being able to send their kids to Dowling or Davenport Assumption. We should be pushing the boundaries of educational excellence before Iowa slips any further.
Ruth Harkin: Come on. Neither she nor her husband is a resident of this State. What is she doing on the Board of Regents? Why not just nominate HILLARY!?
Defense of Marriage Amendment: It's just a matter of time until our goofy Iowa Supreme Court makes some idiotic decision that we either have to allow or recognize gay "marriages" in this State. Stop them now. It's politically popular and it's the right thing to do.
Racial Discrimination in University Admissions: While we're at it, amend the Iowa Constitution to shut down the state universities covert and overt discrimination in favor of minority students in admissions. It's downright un-American.
English as the State language: End ESL programs in state schools. Require immigrants, whether they be Bosnian, Mexican, Swahili, Dutch, or other, to learn English in their first year here and ensure they do so by requiring all state business be conducted exclusively in English.
Mental Health Parity: Quite bitching about the cost of health coverage while simultaneously imposing expensive benefit mandates on carriers. Allow carriers to sell a cheap group insurance policy without any benefit mandates to improve the number of insured.
Dildo Tax: I don't support any new tax schemes, sin or otherwise. The libertarian in me recoils at this kind of micromanagement of our morality.
State Liquor Wholesaling: Get the state out of the business of liquor wholesaling. What are we, the Soviet Union? Is there any legitimate state interest here? Any? Bueller?
Strengthen Abortion Informed Consent: Pass a law requiring that abortionists provide women with information regarding a fetus's developmental status before authorizing an abortion. Better yet requirethat they get a 4D ultrasound before consent. God forbid any woman havetrue knowledge of what the unviable tissue mass they are having removed actually is.
Iowa Courts' Budget issues: Tell the Iowa courts and the Iowa State Bar Association that if they want more money for courts they shouldn't have built a Taj Mahal for a Supreme Court building. You can also take out a few dollars by removing a couple of Supreme Court justices who think it is their job to usurp the state legislature's judgment on casino taxes. There may be three equal branches but the legislature is more equal and should make damn sure the court knows it. Further reduce their workload by passing a cap on non-economic damages and creating a loser pays system for frivolous lawsuits. See also County Consolidation.
Most if not all of these things would enjoy popular support and, double bonus, would be the right thing to do for all Iowans. Like Michael Ledeen says "Faster, please."
UPDATE: Register Reader commented on Jeff's post below that I screwed up and mismatched Retarded Corporate Giveaways and Shiny Baubles with Vision Iowa and Iowa Values. Correction is made above (demonstrating the awesome error correcting power of the blogosphere). Thanks RR. If that is your real name.
Just testing a new feature to see if works. Supposedly I can send an email
to a special address and then publish the whole thing later. We'll see.