Thursday, July 26, 2012

Does he have anything to say about NY PML Sec 105 and Sec 109?

Matthew Mitten

Professor of Law and Director, National Sports Law Institute

- Phone: (414) 288-7494
- Curriculum Vitae
Areas Of Law: Antitrust Law, Sports Law, Tort Law, Trademarks
Professional Memberships:
Sports Lawyers Association Board of Directors American Association of Law Schools
Other Courses Taught:
Antitrust, Legal Profession, Sports Law, Torts

Biography

Professor Mitten is the Director of the National Sports Law Institute and the LL.M. in Sports Law program for foreign lawyers at Marquette University Law School in Milwaukee, Wisconsin.  He served as the Law School's Associate Dean for Academic Affairs from July 2002 to June 2004.  He currently teaches courses in Amateur Sports Law, Professional Sports Law, Sports Sponsorship Legal and Business Issues, and Torts, and has also taught Antitrust Law, Comparative Sports Law, International Sports Law, Legal Ethics and Professional Responsibility, and a Sports Law seminar.
Professor Mitten earned a B.A. in Economics from The Ohio State University and his JD, magna cum laude, from the University of Toledo College of Law. He is a member of the Order of the Coif and served as a Note & Comment Editor for the University of Toledo Law Review's editorial board. He practiced antitrust and intellectual property law as well as commercial litigation with Kilpatrick, Townsend & Stockton in Atlanta, Georgia from 1984-1989. He taught at South Texas College of Law in Houston from 1990-1999 and has served as a visiting professor at the University of Toledo College of Law as well as a visiting lecturer in sports medicine at The University of Tennessee Graduate School of Medicine. Matt has been appointed a Senior Fellow at the University of Melbourne Law School in Australia (2006, 2008, and 2010) and is a member of the International Advisory Board for its Graduate Diploma in Sports Law program. He also has taught sports law courses at the University of Barcelona in Spain and the University of Queensland in Australia.
Professor Mitten has co-authored a textbook titled Sports Law and Regulation: Cases, Materials, and Problems (Aspen Publishers, Inc. 2009), which is currently in its second edition.  A leading sports law scholar, he has published articles in several of the nation's leading law reviews as well as in medical journals such as The New England Journal of Medicine.
Professor Mitten is a member of the Court of Arbitration for Sport (Lausanne, Switzerland), the American Arbitration Association's Commercial Arbitration, Olympic sports, and United States Anti-doping Agency panels, and the Ladies Professional Golfers Association's Drug Testing Arbitration panel.  He currently serves on the Sports Lawyers Association's Board of Directors and is an Executive Member of the International Academy of Sportslaw Practitioners & Executives. He formerly chaired the American Association of Law Schools' Section on Law and Sports and the National Collegiate Athletic Association's Committee on Competitive Safeguards and Medical Aspects of Sports, and has served on the Board of Directors of the Forum for the Scholarly Study of Intercollegiate Athletics.
Professor Mitten testified before a Congressional joint subcommittee regarding proposed federal regulation of ephedrine in August 2003. He has discussed a wide variety of sports law topics at numerous conferences and seminars throughout the United States as well as in Australia, China, England, the Republic of Korea, and Turkey.
Recent Publications and Presentations

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Home > LI Confidential > Stop scratching on holidays

Stop scratching on holidays
Published: June 1, 2012

Off Track Betting in New York State has been racing into a crisis called shrinking revenue. Some people have spitballed a solution: Don’t close on holidays.
New York State Racing Law bars racing on Christmas, Easter and Palm Sunday, and the state has ruled OTBs can’t handle action on those days, even though they could easily broadcast races from out of state.
“You should be able to bet whenever you want,” said Jackson Leeds, a Nassau OTB employee who makes an occasional bet. He added some irrefutable logic: “How is the business going to make money if you’re not open to take people’s bets?”
Elias Tsekerides, president of the Federation of Hellenic Societies of Greater New York, said OTB is open on Greek Orthodox Easter and Palm Sunday.
“I don’t want discrimination,” Tsekerides said. “They close for the Catholics, but open for the Greek Orthodox? It’s either open for all or not open.”
OTB officials have said they lose millions by closing on Palm Sunday alone, with tracks such as Gulfstream, Santa Anita, Turf Paradise and Hawthorne running.
One option: OTBs could just stay open and face the consequences. New York City OTB did just that back in 2003. The handle was about $1.5 million – and OTB was fined $5,000.
Easy money.

Andrew Cuomo closes Nassau OTB only on Roman Catholic Holidays

Editorial

Politics and Prayer

Published: August 2, 2011

The United States Court of Appeals for the Fourth Circuit has underscored an essential boundary between church and state. In a 2-to-1 vote last week, the court found that the board of commissioners in Forsyth County, N.C., violated the establishment clause of the Constitution — “Congress shall make no law respecting an establishment of religion” — by starting its meetings with prayers “endorsing Christianity to the exclusion of other faiths.”
Legislatures have long opened sessions with prayers seeking divine guidance. The Supreme Court has dealt directly with this issue only once, in 1983. It approved of prayers before legislative sessions because the founders regarded them as “conduct whose ... effect ... harmonize[d] with the tenets of some or all religions.” But in related cases, the court has made clear that government can’t favor one religion. The Fourth Circuit observed that these invocations must not “repeatedly suggest the government has put its weight behind a particular faith.”
The dissent in the Forsyth County case claims that the county did not violate the establishment clause because it invited local leaders of each religious congregation to deliver a prayer on a first-come-first-served basis.
But the county hosted prayers that, almost four-fifths of the time, made sectarian references to tenets of Christianity. “Heavenly Father,” began one prayer cited in the ruling, “tonight we are so grateful for the privilege to pray that is made possible by Your Son and His intercessory work on the Cross of Calvary.” It went on, “And we’re so grateful tonight that we can look in the Bible and see how You instituted government.”
The county’s practice favored what the Fourth Circuit describes as “the majoritarian faith in the community at the expense of religious minorities.” The Fourth Circuit deserves credit for saying that a government that favors one faith flouts the inclusive nature of American government, harming church and state.

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Home > LI Confidential > Stop scratching on holidays

Stop scratching on holidays
Published: June 1, 2012

Wednesday, July 25, 2012

brought to you by those who think they can ordain Easter Sunday

NOTIFICATION OF MEETING CONTACT: KRISTEN M. BUCKLEY

JULY 25, 2012 (518) 395-5400

In compliance with the Open Meetings Law, the New York State Racing and Wagering Board gives notice that it will conduct a Board Meeting on July 30, 2012 at 10:00 a.m. at the New York State Racing and Wagering Board offices at 1 Broadway Center, Suite 600, Schenectady, New York.

Members of the public who wish to listen to the Racing and Wagering Board’s meetings may dial-in up to 15 minutes prior to the meeting’s start time.

Dial-In: 1-866-394-2346

Code: 6430805412

NOTE: This is a “listen-only” line. Those wishing to submit comments to the Board must appear in person or submit them in writing.

In accordance with Section 103(e) of the Open Meetings Law, which requires the disclosure of records scheduled to be discussed during open meetings of State agencies, such records as applicable will be made available on the Racing and Wagering Board’s Web site (www.racing.ny.gov) in advance of the scheduled public Board meeting.

AGENDA

NEW YORK STATE RACING AND WAGERING BOARD

MEETING OF JULY 30, 2012

10:00 A.M.

D. ITEMS TO BE APPROVED, DENIED OR DEFERRED BY THE BOARD

1. CAPITAL DISTRICT REGIONAL OTB – REQUEST TO APPROVE TOTALISATOR AGREEMENT

2. SARATOGA HARNESS – INSTALLATION OF CLEAN AGENT FIRE PROTECTION EQUIPMENT

3. WESTERN REGIONAL OTB – REQUEST APPROVAL OF NEW OWNER OF CONCESSIONAIRE – WEHRLE DRIVE BRANCH

4. IN THE MATTER OF SALVATORE LOMBARDO

5. IN THE MATTER OF ALFORD L. CLEMENT

Tuesday, July 24, 2012

and if Andrew Cuomo could think he would know that the

work done at Fort Hamilton that produced the Lancet p106 Jan. 14, 1978 which described the treatment of

the cause of causalgia. If Andrew Cuomo had a sense of things he would see that

the work started at Fort Hamilton was continued in New York for the benefit of all.

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Dear Fellow New Yorker, Did you know that dense breast tissue is one of the leading risk factors for breast cancer in women? Dense breast tissue is very common, but it can make it more difficult to find cancer on a mammogram. In addition, women with high breast density are more likely to develop breast cancer than women with low breast density. To help improve breast cancer detection and prevention, Governor Cuomo signed legislation yesterday that will require mammography services to inform patients if dense breast tissue is found during an exam. “Early detection can save lives and this new law will give women who may be at a higher risk for breast cancer the information they need to consult with their physician about follow-up screening and other preventive measures,” Governor Cuomo said. Click here to learn more about this important legislation. This new law will ensure that more women are receiving this critical information, which could lead to earlier detection and save lives. Women should be aware and discuss with their doctor all potential risk factors, including, but not limited to, tissue density, age, family history of breast cancer, obesity, and alcohol consumption. The new New York is one that works for you and your family. Sincerely, The Office of the Governor


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Monday, July 23, 2012

Andrew Cuomo tells the Greeks that he is in charge of Easter

Monday, Jul 23, 2012

Barbara D. Livingston

Bern Identity, ridden by Rosie Napravnik, wins the Sanford Stakes. The meet is off to a good start in part because of a new bonus system intended to attract quality 2-year-old horses like Bern Identity.

SARATOGA SPRINGS, N.Y. – The 144th summer of racing at Saratoga has begun as if it could be the best one yet. The daily purses, enhanced by revenue from the Aqueduct racino, are the highest for any track in the history of American racing, and that has led to full and competitive fields at every level of the game.
Let’s savor that good news for a few moments, because it may not last.
Saratoga’s racing, while still the premier meet in the sport, had been looking a little frayed in recent years, with stagnant purses and field sizes. The plant needs major overhauls, which will begin – or at least were supposed to begin – after this year’s meet, with major upgrades in place by next summer. The first thing to do, however, was to shore up the racing, and the new purses have made running here irresistible. Maiden races that were worth $52,000 are going for $80,000 this season. Allowance races have purses as high as $95,000.
Two-year-old racing had been on the decline due to a variety of factors, but it had been getting to the point where it was unclear that Saratoga could continue to present three meaningful stakes races in each juvenile division (the Sanford, Saratoga Special, and Hopeful for colts and the Schuylerville, Adirondack, and Spinaway for fillies). Maiden races at the Belmont meet preceding Saratoga weren’t filling, and there weren’t enough stakes-ready prospects for Saratoga. So NYRA instituted a clever new bonus program to get 2-year-olds to come to New York for maiden races before the meet, offering a $100,000 bonus to any juvenile who won a maiden race downstate, then won a graded stakes race in New York.
[STEVEN CRIST AT SARATOGA: Follow Crist's live blog every racing day]
It worked immediately, with strong fields in both the opening-day Schuylerville and Sunday’s Sanford. Bern Identity, the Sanford winner, came for the race only because of the bonus scheme, which had attracted him to Belmont to win a maiden race and then to Saratoga for the Sanford.

It has been a heartening start, promising the kind of a meeting that both the operators and fans of New York racing have been dreaming of for more than a decade, through a bitter fight to retain the racing franchise, after battles with the now mercifully defunct New York City Offtrack Betting Corporation, and amid countless delays in the opening of the Aqueduct facility. It should be a time of satisfaction and celebration.
Instead, however, it is a meeting enveloped in apprehension and uncertainty because almost as soon as it is over on Labor Day, the state of New York, in its infinite wisdom, is poised to blow it all up.
Last month, Governor Andrew Cuomo announced that he is taking over the New York Racing Association sometime this fall, when he will appoint the majority of a newly constituted board of directors of the New York Racing Association, with only five of NYRA’s current board members allowed to continue serving. His appointees on the Franchise Oversight Board said they are reconsidering the allotment of racino revenue to racing and have threatened to suspend it. Cuomo’s lieutenants have said that key members of current management will be replaced right after Saratoga and that the new board will conduct a nationwide search for new executives.
Much of the gossip around the track and the town’s watering holes is about who these new board members will be. The names being floated are typically disheartening: political operatives between state appointments, former legislators, deep-pocketed political donors, minor celebrities who have never operated so much as a lemonade stand – most of them people with little knowledge or respect for racing.
Cuomo has yet to articulate a single goal or vision for racing in New York, a single thought about what if anything he thinks needs to be changed, other than that it would all somehow be better off with his cronies in charge. He also has said or done nothing to dispel widespread concern that he’d be perfectly happy if horse racing disappeared in New York, replaced by full-scale casino gambling.
So it seems destined to be a summer where there is a successful race meet with excellent sport, but with an ax hanging over everyone’s head. Every employee is nervous about whether he’ll have a job this fall, the horsemen are worried that the higher purses will disappear, and Saratoga residents and town officials are fearful that charitable and cultural institutions supported by NYRA racing for decades are now in jeopardy. The customers have no idea what to expect. We might as well just enjoy the improved sport, for as long as it lasts.
[Complete coverage of racing at Saratoga: News, PPs, and video]

Andrew Cuomo and Anton Scalia, birds of a feather?

Does Andrew Cuomo get to pick the real Easter Sunday and Palm Sunday? See NY PML Sec 105 and Sec 109 for text and perhaps Scalia will use this statute to illustrate how to interpret legal texts.

Meanwhile Andrew Cuomo goes to church and tells Greek Bettors to go to hell.

LAW
Updated July 22, 2012, 7:51 p.m. ET

Scalia Offers Up 57 Varieties for Interpreting Legal Texts

By JESS BRAVIN

Justice Antonin Scalia closed the Supreme Court term last month with a string of stinging dissents, slamming the majority for upholding the health overhaul law and calling out President Barack Obama's decision to defer deportations of some younger illegal immigrants.

Enlarge Image

Associated Press

Supreme Court Justice Antonin Scalia

But while he failed to carry the day in some of the year's most significant cases, the court's longest-serving member is staking ground for future victories in the form of a 567-page training manual for lawyers intent on learning how Justice Scalia judges.
"I've been a judge for 30 years and a law professor for 10, that's 40 years investment" in the field, Justice Scalia said in an interview.
The time had come, he said, "to sum up the things I care most about with respect to the law." Justice Scalia, 76-years old, was appointed by President Ronald Reagan in 1986.
Justice Scalia insisted that his book, "Reading Law: The Interpretation of Legal Texts," carries no ideological bent. The "main controversy among judges," he said, "is not conservative vs. liberal. The main controversy is how to approach the application of legal text."
Justice Scalia long has championed an approach, called originalism or textualism, which seeks to apply the text of a statute or constitutional provision according to its meaning at the time of adoption.
Co-written with the lexicographer Bryan A. Garner, "Reading Law" presents 57 "sound principles of interpretation," or canons, for doing so. Reflecting Justice Scalia's occasionally pugnacious style, it also identifies conflicting principles, concluding, as the book puts it, with "13 falsities exposed."
These "false canons," Justice Scalia said, are "often recited, but have no basis in reality."
Justice Scalia declined to expand upon the court's latest decisions, or to comment on leaks that followed the acrimonious healthcare decision on June 28, when the justices voted 5-4 to uphold the overhaul, except for a provision requiring states to expand Medicaid eligibility or forfeit federal funding for the program.
According to CBS News, the court's other conservatives were infuriated when Chief Justice John Roberts defied expectations and joined four liberal justices to find the measure constitutional. "I never talk about the internal workings of the court, and I don't even confirm the reports" of internal discord, Justice Scalia said.

Speakeasy

Infinite Justice: The David Foster Wallace Connection to Scalia's New Book
Among the legacies of David Foster Wallace, the pioneering postmodernist who produced influential essays, short stories and the novel "Infinite Jest" before his 2008 suicide, count this: Antonin Scalia, author.

Law Blog

Writers Bloc: Justice Scalia's Literary Collaborator Tells All

Neither would he discuss his dissent from a 5-3 June decision to void parts of an Arizona law imposing criminal penalties on illegal immigrants. Where the majority held the state law interfered with federal authority over immigration, Justice Scalia used his dissent to accuse President Obama of disregarding a legal duty to deport illegal immigrants.
"The dissent speaks for itself," Justice Scalia said.
In "Reading Law," however, Justice Scalia displays little reticence in scoring other cases as rightly or wrongly decided.
He cites Roe v. Wade, the 1973 decision recognizing abortion rights, to exemplify "the false notion that the spirit of a statute should prevail over its letter."
The ruling, based on the 14th Amendment's protection of liberty, struck down abortion bans "that in no way contradicted any specific provision of the Constitution," he writes.
But for his model opinion, Justice Scalia praises a dissent in an insurance case written by his longtime liberal nemesis, retired Justice John Paul Stevens.
By focusing on the distinction between the word "damage" (injury) and "damages" (compensation), the Stevens dissent "exemplifies the attention to text, and specifically to the original meaning, that we seek here to promote," "Reading Law" says.
"He was right in that case," Justice Scalia said. "I give credit where credit is due."
Written with a verve rare in legal reference works, "Reading Law" already has found admirers in disparate quarters.
"Justice Scalia is a wonderful literary stylist," said Harvard law professor Laurence Tribe, a former Obama Justice Department official who provided a blurb for the jacket.
Still, Mr. Tribe said, the book "never comes to terms meaningfully with the...profound inconsistencies in the way Justice Scalia applies his interpretative theories to the Constitution."
Anticipating such critiques, the justice's preface warns that he may have written past opinions "that contradict what is written here" and might write future ones that don't comply either. "Yet the prospect of 'gotchas' for past and future inconsistencies holds no fear," he writes.
"That was pretty clever, wasn't it?" Justice Scalia said.
Write to Jess Bravin at jess.bravin@wsj.com

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Long Island Business News

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Home > LI Confidential > Stop scratching on holidays

Stop scratching on holidays
Published: June 1, 2012

Friday, July 20, 2012

NJ opens for business while Andrew Cuomo prays for business

NY POLITICS
July 19, 2012, 11:16 p.m. ET

N.J. Eyes Casino In Meadowlands

By HEATHER HADDON

EAST RUTHERFORD, N.J.—Faced with the steep decline of the state's once pre-eminent casino industry, New Jersey lawmakers for the first time Thursday formally considered breaking Atlantic City's 36-year-old monopoly on gambling and allowing live betting games at the Meadowlands.
Already a destination with a horse racetrack and MetLife Stadium, the Meadowlands has been talked about as a northern complement to Atlantic City for years.
The plan's advocates said at a legislative hearing Thursday that now is time for the state to diversify its gambling industry. New Jersey—whose state constitution limits casinos to Atlantic City—now finds itself behind New York in gambling revenue in 2010 and fourth among states nationwide, according to figures released last month by the Casino City Press's North American Gaming Almanac.
"I'm talking about a full-blown casino," said Assemblyman Ralph Caputo, an Essex County Democrat and sponsor of a bill that would issue a voter referendum on the issue. "The people would absolutely support it."
The divisive proposal has little chance of happening soon. Gov. Chris Christie said Thursday that he was "committed" to Atlantic City, and the Meadowlands plan is "simply not going to happen."

The idea splits both Republicans and Democrats from the state's northern and southern regions.
But the proposals to allow video slots or a full-fledged casino at the Bergen County sports facility are among several measures New Jersey is considering to boost its flagging gambling industry.
The Legislature passed a bill this year to make the state the fifth to allow betting on professional and college sports, though the federal government could challenge the law. Nevada is currently the only state offering full-scale sports betting.
And an effort is under way to make New Jersey the first state in the nation to allow online betting.
"The last time we've had this much activity around gaming in New Jersey was…during the Whitman administration," said William Pascrell III, a lobbyist with Princeton Public Affairs Group who represents the industry.
Once the only place to legally gamble on the East Coast, Atlantic City's prized corner on the region's gambling market has been slipping as new casinos in Pennsylvania and Delaware and video lottery terminals at New York racetracks have sprung up in the past decade.
"It's been a bad decade for New Jersey," said Sebastian Sinclair, president at Christiansen Capital Advisors, a consulting firm specializing in gambling.
There is a lot at stake.
Atlantic City casinos employ 31,700 people, according to state figures. Analysts have estimated that the industry employs more than 100,000 people when indirect jobs are also considered.
The state budget adopted in June relies on $287 million in casino revenues, a 16% increase over the previous year.
Mr. Christie has pledged to help revive Atlantic City. A $30 million subsidy was invested in a new Atlantic City marketing campaign and the state awarded $261 million in tax incentives to help the stalled Revel casino open this year.
Atlantic City gambling revenue hit a peak in 2006, taking in $5.2 billion in revenue. That has fallen steadily since, down to $3.3 billion last year.
The state supported the $2.4 billion Revel casino as a key way to stimulate Atlantic City, but its performance three months since its opening has been "less than expected," Mr. Sinclair said.
Mr. Christie has been supportive of sports betting, which could begin as soon as November at Monmouth Park, said that racetrack's owner, Dennis Drazin,.
"It's up to us to step up and make it a reality," Mr. Drazin said.
Mr. Christie has yet to take a firm position on a bill with legislative support to legalize online gambling following a Justice Department ruling opening the door to betting online. The practice had been illegal in the U.S., though still popularized through offshore providers.
Under New Jersey's bill, bets for people located in the state could be placed online through sites run by Atlantic City casinos. An outside operator would build the infrastructure.
The industry could generate up to $7 billion in gross revenue and $472 million in potential tax revenue if New Jersey became a national leader in online gambling, according to a report by the Philadelphia-based Econsult firm commissioned by backers.
As for building a casino in the Meadowlands, the plan faces significant opposition, not only from Mr. Christie but from Democratic Senate President Steve Sweeney.
But the idea picked up support from the Meadowlands Racetrack's new owner, Jeffrey Gural, who said he "cannot survive" without a casino on the site.
"We're in trouble," Mr. Gural, who also owns so-called racinos at two New York racetracks, said at Thursday's hearing. "It is what it is."
Write to Heather Haddon at heather.haddon@wsj.com

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Long Island Business News

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Ronkonkoma, NY 11779-7348

Home > LI Confidential > Stop scratching on holidays

Stop scratching on holidays
Published: June 1, 2012

Thursday, July 19, 2012

In April or thereabout Andrew Cuomo our thoughts turn toward betting

the races of Gulfstream Park and the other tracks running all across the United States. If you cared as much about our right to do as we please while you do as you please, you would see that Nassau OTB is open every day of the year. Fishing is fun. Betting is fun. Working at OTB can be fun until the OTB goes bankrupt like NYC OTB did.When tracks are running that bettors want to bet, the OTBs must be open to take our bets. If we don't want to bet and go fishing we are free to do so. You however are not free to see that Nassau OTB closes only on Roman Catholic Easter Sunday and Roman Catholic Palm Sunday in preference to the same holidays as observed on different days by the Greek Orthodox Church or not observed at all.
Go fish. Good try. We are not amused by your antics when you seemingly pay NO Attention to NY Const. Art. 1, Sec. 3

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Dear Fellow New Yorker, Summer in New York is a fantastic time for New Yorkers and their families to take advantage of the numerous outdoor opportunities across our state. In addition to hiking, boating, camping, and more, thanks to a new law signed by Governor Cuomo, more New Yorkers will be able to experience fishing for the first time. The new law increases the number of free fishing clinics throughout our state, allowing more New Yorkers to learn to fish without having to purchase a license. Click here to find a free clinic in your area and here to read more about the legislation. In addition to exploring New York State’s waterways by learning to fish, click here to check out what other outdoor events are happening at a state park near you. Let’s enjoy a new New York, together. Sincerely, The Office of the Governor


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Thanks for the help. The item’s below. I’d be happy to mail you a copy, if you give me a mailing address.

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Long Island Business News

2150 Smithtown Ave.

Ronkonkoma, NY 11779-7348

Home > LI Confidential > Stop scratching on holidays

Stop scratching on holidays
Published: June 1, 2012

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the gentleman answers his own telephone

Welcome

Attorney
Search

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Registration

E-Courts

Attorney Detail

as of 07/19/2012

Registration Number:	1447309

	JOSEPH MICHAEL BRESS
	JOSEPH M BRESS
	PO BOX 5680
	WASHINGTON, DC 20016-1280
	United States
	(202) 364-4960


Year Admitted in NY:	1969
Appellate Division Department of Admission:	3
Law School:	BUFFALO
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Next Registration:	Apr 2014

The Detail Report above contains information that has been provided by the attorney listed, with the exception of REGISTRATION STATUS, which is generated from the OCA database. Every effort is made to insure the information in the database is accurate and up-to-date.

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If the name of the attorney you are searching for does not appear, please try again with a different spelling. In addition, please be advised that attorneys listed in this database are listed by the name that corresponds to their name in the Appellate Division Admissions file. There are attorneys who currently use a name that differs from the name under which they were admitted. If you need additional information, please contact the NYS Office of Court Administration, Attorney Registration Unit at 212-428-2800.

www.NYCOURTS.gov

Philip Ryken and John Garvey don't need Andrew Cuomo to help keep

the faithful out of Nassau OTB when they might be in church. NY Const. Art. 1, Sec. 3 must constrain Andrew Cuomo. NY PML Sec 105 and Sec 109 violate the rights of New York State Bettors secured by NY Const. Art. 1, Sec. 3. The statutes do not even apply to Nassau OTB. Andrew Cuomo has not yet asked Attorney General for a Free Formal Opinion so that he may learn if the law is constitutionally defensible and applicable to the OTBs. Perhaps he should think more and recognized the freedom of others?

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Thanks for the help. The item’s below. I’d be happy to mail you a copy, if you give me a mailing address.

Claude Solnik

(631) 913-4244

Long Island Business News

2150 Smithtown Ave.

Ronkonkoma, NY 11779-7348

Home > LI Confidential > Stop scratching on holidays

Stop scratching on holidays
Published: June 1, 2012

OPINION
Updated July 18, 2012, 7:55 p.m. ET

Ryken and Garvey: An Evangelical-Catholic Stand on Liberty

Why Catholic University and Wheaton College are suing to stop the Obama administration's contraception mandate.

By PHILIP RYKEN AND JOHN GARVEY

American Evangelicals and Catholics have not always been the best of friends. But in recent years, many in both camps have moved from suspicion to mutual understanding and appreciation.
Charles Colson, the evangelical founder of Prison Fellowship, began one such effort with Richard John Neuhaus, the Catholic editor of First Things, 20 years ago. The fruit of their labor was a document titled "Evangelicals and Catholics Together."
That statement shows that alongside our theological differences, we hold important beliefs in common. For example, the statement says, "we contend together for religious freedom. . . . In their relationship to God, persons have a dignity and responsibility that transcends, and thereby limits, the authority of the state and of every other merely human institution." Recent efforts by the Department of Health and Human Services to implement the Affordable Care Act have brought us together to defend that freedom.

Enlarge Image

Getty Images

A "Stand Up for Religious Freedom Rally" in Miami, Fla., in June

On Wednesday, represented by the Becket Fund for Religious Liberty, the trustees of Wheaton College joined The Catholic University of America in filing a lawsuit against the Department of Health and Human Services. They did so because the HHS mandate requiring the college to provide and subsidize insurance coverage for abortion-inducing drugs violates the conscience of the school and its members, and denies their First Amendment freedom of religion.
When Catholic University began its own legal action on May 21, it asserted a moral and a constitutional right to practice its religion without government interference. Defending liberty is also deeply rooted in Wheaton's identity as a Christian liberal arts college, founded by abolitionists on the Illinois prairie at the outset of the Civil War.
Wheaton's first president, Jonathan Blanchard, believed that slavery was something more than an "ordinary political problem." He felt a religious imperative to act in defense of freedom. "A command against my conscience," he said, "I would not obey."
Our institutions do not agree on all points about HHS's mandated services. The regulations require religious institutions (except churches) to guarantee coverage for all government-approved contraceptives. Wheaton College does not, as Catholics do, view all forms of artificial contraception as immoral.
But the list of required services includes "morning after" and "week after" pills that claim the life of an unborn child within days of its conception. During the period for public comment, Wheaton and many other evangelical colleges and universities objected that this requirement violated their belief in the sanctity of human life.
We must cherish life, not destroy it. This belief is shared by both campus communities. The Catholic Church's unqualified defense of the unborn is too well known to need restatement. Wheaton's commitment is equally firm.
As a systemically Christian college, all of Wheaton's students, faculty and staff undertake to live a distinctive lifestyle. In its Community Covenant, the college affirms "the God-given worth of human beings, from conception to death." Because abortion destroys innocent human life, the college regards the HHS mandate as contrary to its deepest convictions.
Many Americans disagree with our shared belief in the immorality of abortion. That is their right. But there should be no dispute about a second point we hold in common: Religious schools like Wheaton College and Catholic University should have the freedom—guaranteed by the United States Constitution—to carry out our mission in a way that is consistent with our religious principles.
"If there is any fixed star in our constitutional constellation," Justice Robert Jackson wrote in West Virginia State Board of Education v. Barnette (1943), "it is that no official . . . can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein." It is not just churches that have these religious rights, but all Americans who gather in voluntary association for distinctively religious purposes, such as Christian education.
The danger in ignoring Justice Jackson's principle is not limited to institutions like Wheaton College and Catholic University. The real danger is to our republic. As Colson and Neuhaus observed in "Evangelicals and Catholics Together": "[T]his constitutional order is composed not just of rules and procedures but is most essentially a moral experiment. . . . [W]e hold that only a virtuous people can be free and just, and that virtue is secured by religion. To propose that securing civil virtue is the purpose of religion is blasphemous. To deny that securing civil virtue is a benefit of religion is blindness."
A government that fails to heed the cries of its religious institutions undermines the supports of civil virtue and puts in jeopardy our constitutional order.
Messrs. Ryken and Garvey are the presidents, respectively, of Wheaton College and The Catholic University of America.

thisisNOTnassauotb

Thursday, July 26, 2012

Does he have anything to say about NY PML Sec 105 and Sec 109?

Matthew Mitten

Stop scratching on holidays
Published: June 1, 2012

Andrew Cuomo closes Nassau OTB only on Roman Catholic Holidays

Editorial

Politics and Prayer

Published: August 2, 2011

Stop scratching on holidays
Published: June 1, 2012

Wednesday, July 25, 2012

brought to you by those who think they can ordain Easter Sunday

Tuesday, July 24, 2012

and if Andrew Cuomo could think he would know that the

Monday, July 23, 2012

Andrew Cuomo tells the Greeks that he is in charge of Easter

Special Coverage

Andrew Cuomo and Anton Scalia, birds of a feather?