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Topic: Tuna Court District

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Tuna Grand Court District

Dalecarlia

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	[No title]
		The district court found that Mother was unable to rebut the presumption for adoption because she was absent and that CYFD was not required to make further efforts to reunite the family.
		Mother informed the district court that she was not yet sentenced; she also requested visitation, submitted documentation of the several programs she had completed in jail, related that she and the children had exchanged cards and letters, and requested the district court to consider placing the baby with Father's brother.
		The district court further found that efforts to reunite the family were impossible because of Mother's incarceration as a federal prisoner since August 2000, and that visits were not recommended because of the disruptive effect on the children, as well as their placement.
	www.supremecourt.nm.org /pastopinion/VIEW/04ca-083.html (7456 words)

	Tuna (disambiguation) - Wikipedia, the free encyclopedia
		Tuna, the fruit of various plants in the genus Opuntia
		Tuna Court District, a district of Medelpadia in Sweden
		Tuna Grand Court District, a district of Dalecarlia in Sweden
	en.wikipedia.org /wiki/Tuna_(disambiguation) (126 words)

	No. 04-79: Ortega v. Star-Kist - Amicus (Merits)
		5089, in response to decisions of this Court delineating the common-law doctrines of pendent and ancillary jurisdiction.
		The court of appeals believed that to have the requisite "original jurisdiction" in a diversity case, the district court must have original jurisdiction over the claims of all of the parties, including those which invoke the court's supplemental jurisdiction.
		The district court's jurisdiction over Beatriz's claims suffices to give it "original jurisdiction" over a "civil action" within the meaning of the supplemental jurisdiction statute, such that it may exercise supplemental jurisdiction over "all other claims" that are related to her claims.
	www.usdoj.gov /osg/briefs/2004/3mer/1ami/2004-0079.mer.ami.html (6365 words)

	Concordia Co. v. Panek
		After the close of evidence at trial, the district court judge ruled that there was insufficient evidence to warrant a finding on the negligence count and submitted the breach of contract and misrepresentation counts to the advisory jury.
		The Court acknowledged it was "reversing" its earlier determination that there was insufficient evidence on the negligence claim with respect to Concordia's failure to prevent the PROWLER from sinking.
		The district court carefully assessed the damages proximately caused by Concordia's breach of duty by failing to take reasonable care of the hull while it was still afloat and by permitting the PROWLER to sink.
	www.law.emory.edu /1circuit/june97/96-1798.01a.html (2753 words)

	No. 01-704: United States v. Bean - Petition
		Instead, courts play a far more limited role under Section 925(c): a person "whose application for relief from disabilities is denied by the Secretary may file a petition with the United States district court for the district in which he resides for a judicial review of such denial." 18 U.S.C. 925(c) (emphasis added).
		Under the court of appeals' decision, all convicted felons would have the right to apply to a court for relief from their firearms disabilities, and to have a determination made by the court in the first instance based on a record that is constructed largely by the applicant himself.
		Ultimately, this Court is relegated to determining Congress' intent, with respect to 18 U.S.C. § 925(c), when it suspended funds for the ATF to conduct investigations and whether such intent was "clear." The Court begins this analysis by discussing a similar case from the Third Circuit Court of Appeals, Rice v.
	www.usdoj.gov /osg/briefs/2001/2pet/7pet/2001-0704.pet.aa.html (11893 words)

	Brower v. Evans
		The district court found that the Secretary' s Initial Finding was not in accordance with the law and an abuse of discretion because the Secretary failed to (1) obtain and consider preliminary data from the congressionally mandated stress studies and (2) apply the proper legal standard to the available scientific information.
		The Secretary contends that the district court erroneously found that NMFS failed to comport with the spirit and the letter of the law by unreasonably delaying the stress studies and failing to collect, analyze, and report on any stress study data.
		Tuna caught by dolphin sets may not be labeled dolphin safe until at least March 1999, at which time the Secretary of Commerce must review the preliminary results of the study, and make a determination as to whether or not dolphin setting is causing significant adverse impacts to depleted dolphin stocks in the ETP.").
	www.law.com /regionals/ca/opinions/jul/0015968.shtml (5162 words)

	UNITED STATES DISTRICT COURT
		However, after evidence was presented to the court during trial which had not been presented by plaintiff during summary judgment proceedings, the court found that (1) plaintiff reached maximum medical cure sometime between September and December, 1997, and (2) King properly discontinued maintenance and cure payments as of January, 1998.
		In addition, even the court in Tropical Tuna recognized the existence of another case in which another federal court had indicated that it was "unable to find a single precedent requiring that the maritime employer must guarantee to pay for tests prior to such tests being done." 963 F. Supp.
		The court does not find plaintiff's arguments to be persuasive, and declines to alter its conclusion that King is entitled to judgment as a matter of law on plaintiff’s claim for maintenance and cure.
	www.michbar.org /opinions/district/2001/111401/13697.html (2079 words)

	Case Analysis of U.S. v. Emerson by Donald Burger, Houston, TX
		The Court held that the initial determination of the merits of the application for restoration of firearms rights is "a function best performed by the Executive, which, unlike the courts, is institutionally equipped for conducting a neutral, wide-ranging investigation." 537 U.S. at 77.
		The District Court and the Fifth Circuit had both held that a district court was able to conduct reviews of applications even in the absence of an ATF decision.
		The District court had noted that because the burden of proof was on the applicant, if the applicant did not provide sufficient proof to satisfy a district court, that court would deny the application.
	www.burger.com /gunbeana.htm (1200 words)

	97-2370 -- Forest Guardians v. Babbitt -- 12/22/1998
		Thus, though the court "admonishe[d]" the Secretary to ensure that the silvery minnow's critical habitat was designated "as soon as fiscally possible," the district court denied plaintiffs' motion for review of agency decision and granted defendant's motion to stay proceedings until October 30, 1999.
		Even though plaintiffs failed to label their motion in the district court as one for injunction, it is clear from the content of the motion that plaintiffs were seeking injunctive relief.
		This conclusion is bolstered by the district court's disposition on remand.
	www.kscourts.org /ca10/cases/1998/12/97-2370.htm (6763 words)

	TUNA DOLPHIN
		U.S. tuna fishermen realized that their fishing technique could not be used unless the large numbers of dolphin were alive and began to develop methods to reduce the dolphin kills and the injury rates.
		Therefore, tuna caught by purse seine vessels in the ETP or tuna taken on the high seas by drift net fishing could not be labeled as dolphin safe.
		Second, the tuna originated from Mexico and therefore was not under the jurisdiction of the United States.
	www.american.edu /TED/TUNA.HTM (2754 words)

	[No title] (Site not responding. Last check: 2007-10-15)
		Second, when the district court decides that a Tucker Act remedy is indeed available, the district court should dismiss the case because the determination of Tucker Act availability triggers the principle, often stated by the Supreme Court, that the existence of a Tucker Act remedy renders a takings claim in district court premature.
		Those citations, coupled with the affirmance of the district court injunction entered in that case, may plausibly be read to authorize district courts unconditionally to enjoin federal conduct that causes a taking regardless of whether a Tucker Act remedy is available.
		The district courts were arguably justified in asserting jurisdiction based on the federal government's concession that a Tucker Act remedy was not available to the plaintiffs.
	www.law.ua.edu /lawreview/seamon.htm (7611 words)

	Search Tuna Report for tuna (Site not responding. Last check: 2007-10-15)
		The Pacific albacore, or long-finned tuna, Thunnus alalunga up to 60 lb 27 kg, is found off the Pacific coast of the United States and in the Mediterranean; its flesh is marketed...
		The amount of toxins that accumulate depend upon the species of fish, its feeding ground, the amount of pollution residing inside its habitat and the age of the fish....
		TUNA FISHING I a Northeast Coast fishermen, fishing out of Snug Harbor, Rhode Island, USA or New Harbor, Block Island, RI during the summer, that is interested in talking, with other fishermen, regardless of location....
	searchtuna.com /ftlive2/942.html (1263 words)

	Public Citizen \| Publications - U.S. Court Rejects Weakened Standards on "Dolphin Safe" Labeling for Tuna
		The amendment also allowed tuna caught with purse seine nets to be labeled "dolphin safe" if monitors on fishing boats did not actually observe any dolphins killed or seriously injured during the setting of the nets.
		Consequently, the dolphin safe tuna label regulations were changed on February 2, 2000, to allow tuna caught with purse seine nets to carry the dolphin safe label as long as the monitor on a tuna fishing vessel did not observe dolphins being killed or seriously injured during the netting.
		That Court also found that the stress literature "demonstrated that it was likely that dolphins experience a multitude of harmful stress effects from the chase and capture process, and that it was scientifically plausible that such effects could be causing population level effects."
	www.citizen.org /publications/release.cfm?ID=5172 (1705 words)

	daley on court ruling on dolphin safe label 041100 (Site not responding. Last check: 2007-10-15)
		Secretary of Commerce William Daley has expressed disappointment with a federal court ruling that halts the government's change in the definition for "dolphin-safe" tuna can labels, which was part of a multilateral agreement to protect dolphins in international waters.
		According to the press release, a U.S. District Court in California ruled that the Commerce Department violated U.S. law when it changed the definition before adequately considering preliminary results from stress studies on dolphins mandated by the law.
		The court ruled that the agency did not act in accordance with the law because it did not adequately consider preliminary results from stress studies on dolphins in the eastern tropical Pacific Ocean.
	www.useu.be /issues/daley0411.html (1062 words)

	[No title]
		The problem for the Court was that, although the NMFS had conducted preliminary population abundance surveys, little effort appeared to have been made to obtain and to consider preliminary data from any of the mandated stress research projects.
		However, although the Court accepted that this might normally be the case, as regarded the current task the defendants were subject to the specific time-frame laid down by Congress, requiring that some preliminary results must be available by a specific date.
		are not well understood, schools of tuna congregate and shoal beneath schools of dolphins with the inevitable result that the dolphins, which are easily identifiable because they must come to the surface to breathe, are targeted by vessels fishing for tuna and caught in their nets.
	www.oceanlaw.net /hedley/pubs/12jel361.htm (3343 words)

	“Dolphin-Safe” Tuna Label Safe for Now
		In a scathing decision the court accused the administration of sacrificing science for politics by failing to complete required scientific studies before determining that there would be no significant impact to the dolphin population by changing the tuna labeling standards.
		The court found as a matter of law that the final finding of the Secretary of Commerce (Secretary) must be set aside, and the definition of “dolphin-safe” should remain unchanged.
		Yellowfin tuna in the eastern tropical Pacific (ETP) often swim below schools of dolphins, and a fishing technique was developed where purse seine nets were placed on dolphins in order to catch the tuna.
	www.olemiss.edu /orgs/SGLC/SandBar/3.3tuna.htm (822 words)

	Court upholds standards for 'dolphin-safe' tuna labels
		The ruling by the three-judge U.S. Court of Appeals panel in San Francisco is the latest round of a 30-year battle over the fate of dolphins that swim above schools of tuna in the eastern Pacific.
		The law said the label could be used if dolphins were trapped in tuna nets and released, as long as shipboard monitors did not see any dolphins being harmed and the change was supported by research studies.
		The appeals court agreed, noting that preliminary reports indicated stress from the fishing method was the likely reason for the continued lag in the dolphin population.
	www.sfgate.com /cgi-bin/article.cgi?f=/c/a/2001/07/24/MN93075.DTL (393 words)

	US DISTRICT COURT STOPS CLINTON ADMINISTRATION TUNA LABEL (Site not responding. Last check: 2007-10-15)
		Tuna caught by chasing and encircling dolphins with purse-seine nets may not be sold as "dolphin safe" in the USA.
		In mid-April, US District Court Judge Thelton Henderson decided that weakening the "dolphin safe" tuna standards as planned by the US administration was not lawful.
		"The court's ruling is a tremendous rebuke to President Clinton, Vice President Gore, and the freetrade bureaucrats who sold out dolphin protection to accommodate a handful of foreign fishing companies," said David Philipps, Director of the International Marine Mammal Project of Earth Island Institute, one of the plaintiffs and an associate organisation of GRD.
	www.delphinschutz.org /uscourt-en.htm (352 words)

	rubin on tuna label change ruling 041300 (Site not responding. Last check: 2007-10-15)
		The U.S. District Court in California ruled in favor of 10 environmental groups that Secretary of Commerce William Daley violated the law implementing that conservation program by changing the "dolphin-safe" label definition for canned tuna sold in the U.S. market.
		The court ruled that before changing the definition, Daley should have considered preliminary results from research on stress injury to dolphins from getting caught up in nets during harvest of yellowfin tuna in the eastern tropical Pacific.
		The Department of State firmly believes that the court decision is wrong and should be overturned in order to prevent harm to the International Dolphin Conservation Program and to ensure the gains we have achieved in protecting dolphins.
	www.useu.be /ISSUES/tuna0413.html (402 words)

	FR Doc 04-19869
		Under this definition, ``dolphin-safe'' means that dolphins can be encircled or chased during the trip in which tuna was harvested, but that no dolphins can be killed or seriously injured in the set in which the tuna was harvested.
		Under the Court's order, NMFS was prohibited from taking any action under the DPCIA to allow any tuna product to be labeled as ``dolphin-safe'' that was harvested using purse seine nets intentionally set on dolphins in the ETP.
		Under that provision, tuna are deemed dolphin safe if ``no tuna were caught on the trip in which such tuna were harvested using a purse seine net intentionally deployed on or to encircle dolphins, and no dolphins were killed or seriously injured during the sets in which the tuna were caught.'' Dated: August 25, 2004.
	edocket.access.gpo.gov /2004/04-19869.htm (520 words)

	Defenders Magazine - Defenders of Wildlife - Fall 2004 - Defenders in Action
		Since the dolphin-safe label for tuna cans and pouches was created in 1990, though, dolphin deaths have dropped by 90 percent.
		The change would have allowed tuna caught by chasing, harassing and netting dolphins to be labeled “dolphin-safe” if an independent observer verified that no dolphins were killed during the tuna hunt.
		In an August 10 decision halting the program change, U.S. District Judge Thelton Henderson stated that in his 24 years with the district court, he had never “reviewed a record of agency action that contained such a compelling portrait of political meddling” into scientific decisions.
	www.defenders.org /defendersmag/issues/fall04/dia/dolphin.html (382 words)

	GATT Tuna-Dolphin
		With the anticipated inception of the ban, Mexico's exports of tuna to the United States fell from $13 million in 1989 to $3.2 million in 1990.
		France's imports of unprepared or raw tuna from Mexico was $5.1 million in 1989 and none recorded for the 1991-94 period.
		The EC asserts that its tuna exports to the United States have decreased its revenue by 4 million European Currency Units.
	www.american.edu /TED/esp/us-tuna-dolphin.htm (1149 words)

	Thelton Henderson: Bio
		The Court found in favor of defendants on claims concerning due process for alleged gang members, the adequacy of the law libraries, and inmate-on-inmate violence).
		Case credited with halting the slaughter of thousands of dolphins, which are netted and killed in the process of catching tuna).
		Opinion holds that the environmental organizations had legal standing to bring the lawsuit, and that the Bay Area Air Quality Management District and the Air Resources Board were liable for failing to adopt and implement measures to ensure adequate clean air for the San Francisco Bay Area.
	globetrotter.berkeley.edu /Henderson/henderson-bio.html (692 words)

	OMB Watch - Court Blocks Administration From Weakening Dolphin-Safe Tuna Label
		A federal district court preliminarily enjoined efforts by the Bush administration to allow countries, such as Mexico, to label their tuna “dolphin safe” even if dolphins were chased and encircled in nets in order to catch fish swimming beneath them.
		More than seven million dolphins have been killed by this fishing technique, according to Earth Island Institute, one of several environmental groups challenging the 2002 decision by the Commerce Department.
		The court’s April 10 action reinstates the old standard -- under which imported tuna cannot be labeled “dolphin safe” if caught by using nets on dolphins -- pending the trial’s outcome.
	www.ombwatch.org /article/articleview/1464/1/4 (161 words)

	Judge Cans Clinton's Phony Dolphin-Safe Tuna Label
		The suit contends that the Congressionally-required conditions for lifting the tuna embargoes have not been met by the US National Marine Fisheries Service or the Mexican tuna fishing industry.
		The CIT refused to act initially and the tuna embargo was lifted on April 12.
		While Mexico now can legally sell its tuna in the US, much of Mexico's tuna cannot be labeled "Dolphin Safe." Mexican authorities have said that they will not try to export tuna into the US until they can overturn the strong standards behind the current "Dolphin Safe" label.
	yeoldeconsciousnessshoppe.com /art21.html (881 words)

	History of Iraq - The History Beat (Site not responding. Last check: 2007-10-15)
		US Forces Turn the Screw on Blitzed Baghdad - Reuters, UK - BAGHDAD (Reuters) - US forces battled through the streets of central Baghdad on Tuesday, widening their control over the city and pounding the remaining...
		Iraq's judicial system is based on the French model introduced during Ottoman rule and has three types of lower courts--civil, religious, and special.
		An appellate court system and the court of cassation (court of last recourse) complete the judicial structure.
	history.searchbeat.com /iraq.htm (5931 words)

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