Archive for April, 2017

Florida Supreme Court rules for birds, against Fifth Amendment … – Pacific Legal Foundation (PLF) (press release) (blog)

Birds > private property rights in some courts.

Yesterday, we learned the Florida Supreme Court denied review of ourGanson v. City of Marathonregulatory takings case. Weve previously written about the case here, here,here, and here. In a nutshell, government officials in the City of Marathon, along with officials in Monroe County and the State of Florida, decided that Gordon and Molly Beyer, a married couple who owned a 9-acre piece of property in the Florida Keys, lost all rights to develop on the nine acres an island known as Bamboo Key because itmade a fine bird rookery. And when those officials made that decision, they further decided they did not have to pay the Beyers for the taking despite having rendered Bamboo Key virtually uninhabitable. I say virtually because the officials in their perverse form of benevolent despotism graciously allowed that the Beyers could use the island for temporary camping.

I kid you not.

Unsurprisingly, Pacific Legal Foundation believes that this amounts to a total taking of the Beyers property. We will now seek review of the case at the Supreme Court of the United States. The last time we took an adverse Florida Supreme Court decision to the nations High Court, we won a crucial victory for property rights on behalf of Coy Koontz and the Fifth Amendment rights of all Americans. We intend to win another case for all Americans this time, as well.

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Florida Supreme Court rules for birds, against Fifth Amendment ... - Pacific Legal Foundation (PLF) (press release) (blog)

How To Succeed, And Fail, At Internet Marketing – JOSIC – Digital Intelligence

What are the key issues which can ensure success (or failure) in the field of internet marketing?

All successful people in any walk of life have a plan. I read once that all business plans should have goals which are SMART that is: Specific, Measurable, Achievable, Realistic and Timed. Different people have different approaches to setting their goals; some will concentrate on the longer term targets whilst others set themselves a series of short term goals. I tend to fall into the latter category. Some people incorporate both into their master plan. However, you conceive your business plan, remember the old business adage: Fail to plan and you plan to fail.

A second important piece of advice is to always remember that you are working at a business not dabbling with a hobby. Running an online internet marketing business should certainly be enjoyable, or there is not much point in doing it; money isnt everything! Apply yourself to the task and stick with it. Getting an internet business up and running is a tough assignment so you must believe in your ability to succeed in the end. Many who fail do so because they just dont have the self-belief to see it through.

Having a great passion for both life and business will keep you focussed and committed to the job in hand. If you go at things in a half-hearted way the possibilities in both life and work will be greatly reduced. Believe in your work, believe in your ultimate success and, most of all, believe in yourself. One aspect of an online business which helps the building of confidence and belief is that you can earn as you learn. For many newcomers to the business there are a lot of new skills to take on board. To be able to do this whilst beginning to bring in, at least, some income brings with it the reassurance that the business works and success is within reach. If you want success you must always work to be the very best that you can be. A failure to do this will lead to failure in your business.

One other issue to bear in mind is: How do you define success? If you were to ask ten people that question you would probably get quite a number of different responses. Some people see success purely in terms of how much money they have in the bank. Others would express a similar idea but in terms of specific possessions; two classy cars in the drive; a large house; a holiday home in the country. On the other hand, some may see success in a much more spiritual light relating to family and friends, etc. Never make the mistake of mixing standard of living with quality of life. Standard of living is about material things, whereas quality of life comes from the more spiritual side of our nature. As the proverb says, Money cant buy happiness. Money only has value in terms of the freedom and the quality of life it can provide. Sorry if this sounds a bit like a sermon, but see beyond the money and look for the satisfaction, the sense of achievement and the happiness which genuine success can bring. Dont dote on the money which is a means to an end and not an end in itself.

Success is a process rather than a destination. Be enthusiastic about your business and enjoy the journey. It will be fulfilling in every sense.

Source by Rob J Hinchliffe

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How To Succeed, And Fail, At Internet Marketing - JOSIC - Digital Intelligence

Some Turks fear the rise of a dictatorship as a referendum …

As Turks prepare to vote in a referendum that would greatly expand the powers of President Recep Tayyip Erdogan, the advocates of the change are brimming with confidence while opponents say they dont know how to prevent the advent of one-man rule.

The package of 18 constitutional amendments up for a vote Sunday would replace parliamentary democracy with a presidential government that puts most of the levers of power in Erdogans hands. Lawmakers would have little influence on key decisions, and the judiciary would be even more subservient than it is currently.

And Erdogan, already in power for 15 years, would be able to run for two more five-year terms when his current term ends in 2019.

Eskisehir, an industrial city of 800,000, is located in central Anatolia, the heartland for Erdogans ruling Justice and Development Party (AKP), but its controlled by the opposition Republican Peoples Party (CHP). Theres been a spirited, yet civil, debate here, judging from the booths set up by yes and no backers in the city center, some next to each other.

But in a cafe near the university, the mood was somber this week as opponents of the changes explained why they were sitting around tables playing Rummikub, a Turkish board game, rather than campaigning door-to-door for their cause.

A lot has to do with the fact Erdogan scheduled the referendum during a state of emergency dating from last Julys abortive military coup that Erdogan blames on a Muslim cleric in U.S. exile.

Everyone is scared, said a student who asked to be identified only as Ismet, 23. If we went out on the streets, wed wind up in prison. He said he cant even post his views on Facebook, fearing the authorities would come down hard on his family.

But he also blamed the opposition organizers. Even among referendum opponents, Erdogan is seen as a real leader compared to Kemal Kilicdaroglu, the CHP leader.

We are talking to the yes people and trying to persuade them, said Yunus, 33, who also feared reprisal if he gave his full name. But he added that CHP leadership should be much more active, much more effective.

The two men and two young women, all medical students, agreed that Turkey is on the eve of a dictatorship, with no checks and balances on executive power. They said it could be like Germany in 1933, when Adolf Hitler rose to power, but they said they didnt know what they could do about it.

Utko Cakirozer, a former editor of the opposition daily Cumhuriyet, whos now one of six parliament members from Eskisehir, had gone to the In Heavy Demand coffee house to cheer on the no campaign. (Cakirozer was a Daniel Pearl fellow at the Los Angeles Times in 2008.)

There is a psychological problem, he said in an interview. People believe no matter whether they vote yes or no, that yes will win.

He said he tries to counter that resignation by saying that the government wont be able to steal the vote if observers and the public keep a close watch on the ballot boxes.

But theres nothing he can do about the wide sense of intimidation that followed the governments firing of more than 110,000 civil servants and the jailing of more than 50,000 for allegedly supporting the putsch.

The opponents also had no way to counter Erdogans severe clampdown on the news media, the arrests of journalists and the closing of dozens of news outlets following the coup attempt.

The no backers had no way to stop Erdogan from taking full advantage of the state apparatus as he campaigned for the amendments, invariably receiving more TV news coverage than Kilicdaroglu and other no campaigners.

Nor could they match Erdogans skill in capitalizing on the countrys woes, which include a revival of the insurgency by the Kurdistan Workers Party separatists in southeastern Turkey and the threat Islamic State extremists based in neighboring Syria.

Yet whatever complaints the CHP may have about the government using the state of emergency to block access to the media and the general public, it pales in comparison to Erdogans crackdown on the mainly Kurdish Peoples Democratic Party, whose parliamentary leadership have been detained on charges of supporting the Kurdish separatists, widely known as the PKK.

City and town officials belonging to the Kurdish Peoples Democratic Party have been ousted from their positions and hundreds of its local leaders have been detained, the party said April 7. Rallies have been banned, the party cannot put up posters showing its leaders now in jail and it cannot even play its campaign song, party officials said.

In a day packed with appearances and interviews to rally support for the no vote, Cakirozer also made a low-key visit to a textile factory, where he greeted workers in the cafeteria.

I am afraid if [Erdogan] wins there will be a dictatorship, said Nurten Gunes, 24, a recent graduate in international relations, whos working on the production line pending her admission to a graduate degree program. She said her friends felt they were under pressure to vote yes in order to keep their jobs.

Other employees seemed well aware of what was at stake in the referendum and that the eyes of the world are now on Turkey.

All the world wants no to win, so the people around me say that we have to say yes, said Nebahat Toraman, 43, another worker.

The vote is indeed being watched closely from abroad. Turkey, a country of some 80 million that connects Europe with Asia and a critical U.S. ally in NATO, borders some of the worlds most unstable places, starting with Syria and Iraq.

Nearly every Western partner has expressed deep reservations about the proposed constitutional changes, but most have stayed silent so as not to provide a foil for Erdogans yes campaign. The Trump administration, which has allied with the PKKs Syrian affiliate in the battle against Islamic State extremists in Syria, has delayed its decision on a military plan to capture Raqqa, the self-declared Islamic State capital, until after the referendum.

The outcome Sunday is unclear, with some polls showing the country divided, and the main uncertainty is whether voters are telling the pollsters their true intentions Sunday or whether theyve made up their minds.

Gutman is a special correspondent.

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Some Turks fear the rise of a dictatorship as a referendum ...

Will Turkey Vote To Give Erdogan Even More Power?

A woman walks past a giant poster bearing portraits of Turkish President Recep Tayyip Erdogan in Ankara, ahead of the referendum on whether to change the current parliamentary system into an executive presidency. Adem Altan/AFP/Getty Images hide caption

A woman walks past a giant poster bearing portraits of Turkish President Recep Tayyip Erdogan in Ankara, ahead of the referendum on whether to change the current parliamentary system into an executive presidency.

Turkish voters will decide Sunday whether to replace the Turkish Republic's parliamentary form of government with a strong presidency. It's a vote that could alter or, opponents say, endanger the democratic traditions of this key U.S. ally. Turkey is a NATO member helping fight ISIS.

If the referendum passes, it will increase the power of President Recep Tayyip Erdogan. Polls released late in the campaign showed a narrow lead for "yes," with a large number still declaring themselves undecided. Erdogan is predicting at least a 55 percent margin for "yes."

The vote comes at a perilous time. Turkey remains under a state of emergency declared last July, following a failed coup that left nearly 300 people dead. The Erdogan government has used the emergency powers to conduct a sweeping purge of the military, judiciary and civil service. More than 100,000 people have been fired or arrested, including more than 100 journalists.

In this atmosphere, referendum opponents say it's difficult to run an effective campaign. Government officials dismiss this concern, noting that France is holding elections this spring while under a state of emergency following terrorist attacks in Paris.

The pro and con arguments

Supporters say the change will bring stability and efficiency to a government that has often been paralyzed by infighting. They note that Turkey has had 64 governments since the 1920s, rivaling Italy for instability. They say a stronger government will be better at fighting terrorism; the country has suffered several recent attacks.

Critics and analysts such as the Venice Commission, part of the Council of Europe, a 47-nation pact of European countries including Turkey, say it's "a dangerous step backwards in the constitutional democratic tradition of Turkey," warning of "the dangers of degeneration of the proposed system towards an authoritarian and personal regime."

The current system

Under the existing constitution, Turkey's chief executive is the prime minister, chosen by the parliament. Until recently, the president was an appointed position serving as head of state, not head of government similar to the queen of England.

Erdogan served as prime minister from 2002 until 2014, when he became Turkey's first president elected by the voters. He immediately announced that he would be a "different kind of president," and has taken a much more active role in running the government than his predecessors.

What would change

Power would be more concentrated under the presidency.

If the referendum is approved by majority vote, the office of prime minister would be abolished after the next elections, scheduled for 2019. Another body, the Council of Ministers, would also go, and all executive and administrative authority would be transferred to the president's office.

The current setup requires the president to be nonpartisan.

Under the new system, the president would no longer have that limit. Erdogan could formally rejoin the party he co-founded, the ruling Justice and Development Party (AKP). Erdogan resigned from the party when he became president.

The change would increase Erdogan's influence over who runs for Parliament.

Cabinet ministers would no longer have to be members of Parliament and the Parliament would not have power over Cabinet appointments ministers would be appointed directly by the president.

If the referendum is approved, the Parliament would have reduced oversight powers.

There is one change the referendum would bring that is being applauded by pro-democracy groups: the abolition of military courts.

Presidential terms

Under the current constitution, Erdogan can run for a second five-year term in 2019 and serve until 2024. Under the proposed changes, Erdogan could have his term limit effectively reset and stay in power through 2029.

Critics say there's a loophole that could give him even more years in the job than that. If Parliament calls snap elections during a second term, he has the option of running for a third.

What happens after the vote?

Assuming the referendum passes, most of the changes it contains won't take effect until the next set of elections, due in 2019. But two important provisions would kick in shortly after the vote. Erdogan would be able to reclaim his position as head of the ruling party, and he would gain new authority to appoint members to the council that oversees the naming of judges and prosecutors.

Opponents of the referendum say this could badly weaken the judiciary's independence, removing another check on presidential power.

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Will Turkey Vote To Give Erdogan Even More Power?

Erdogan: Turkey’s pugnacious ‘chief’ eyeing new poll knockout

Istanbul (AFP) - If there was a global contest for winning elections, Turkey's President Recep Tayyip Erdogan would see himself as the undisputed -- and undefeated -- heavyweight champion of the world.

In one-and-a-half decades since his ruling party came to power, Erdogan has taken part in 11 elections -- five legislative polls, two referenda, three local elections and a presidential vote -- and won them all.

On Sunday, Erdogan faces his twelfth and arguably biggest ballot box challenge since his ruling Justice and Development Party (AKP) came to power in 2002, in a referendum on expanding his powers.

His supporters see the new system as a historic change that will create efficient government. But for detractors, it is a dangerous step towards one-man rule in the NATO member and EU candidate state.

Fighting for votes in every corner of the country, Erdogan has kept up a punishing schedule of daily rallies seeking to woo doubters with his indefatigable campaigning.

Prowling around the stage with a wireless microphone like a rock star, Erdogan bellows at the crowds: "Do you want a strong Turkey?".

Known to his inner circle as "beyefendi" (sir) and to admirers as "reis" (the chief), Erdogan is supreme on stage, holding the audience in the palm of his hand with near-matchless public speaking skills.

- 'Balancing act' -

Yet while Erdogan is seen in Western media as a near omnipotent sultan, there are constraints to his rule, according to Asli Aydintasbas, senior fellow at the European Council on Foreign Relations.

"Erdogan has to continue to win votes in order to stay in power and campaign round the clock," she said.

In order to win the referendum Erdogan has to perform a "delicate balancing act" of winning votes from both Kurds and nationalists, she added.

Erdogan also comes to the referendum after the most turbulent year of his political life which saw a slew of terror attacks, worsening relations with Europe and above all the July 15 failed coup.

He appeared on the FaceTime app on live TV to urge supporters to flood streets and defeat the coup, saying he escaped being killed by just 15 minutes before returning in triumph to Istanbul.

The president has courted ever more controversy as authorities jailed over 47,000 under a state of emergency which has lasted nine months so far.

There has even been talk of fissures within the ruling AKP and with his two other party co-founders -- former president Abdullah Gul and ex deputy prime minister Bulent Arinc -- both deafening in their silence by failing to endorse the new system.

- 'My crazy projects' -

If the new constitution is passed, Erdogan could stay in power until 2029, by which time the energetic president, 63, would be aged 75.

Erdogan appears determined to leave a legacy at least as significant as Turkey's modern founder Mustafa Kemal Ataturk whose picture hangs next to his at rallies.

He has embarked on a hugely ambitious drive to modernise Turkey's infrastructure with a new bridge and two tunnels spanning the Bosphorus, high speed trains and the construction of a third airport for Istanbul, schemes he affectionately refers to as "my crazy projects".

But critics worrying of a creeping Islamisation of Turkey's officially secular society with a surge in mosque building, use of Islamic schools and the abolition of all restrictions on the headscarf in public life.

Born in Istanbul but brought up by the Black Sea, Erdogan is intensely proud of the humble origins from which he rose to be Turkey's most powerful politician since Ataturk.

He gained prominence in the nascent Islamic political movements that were starting to challenge secular domination, becoming a popular mayor of Istanbul in 1994.

He was jailed for four months for inciting religious hatred when he recited an Islamist poem, a term which only magnified his profile.

Founding the AKP after the previous Islamic party led by his mentor Necmettin Erbakan was banned, Erdogan spearheaded its 2002 landslide election victory and became premier less than six months later.

It was in these early days that the AKP, lacking allies, forged an alliance with the movement of US-based preacher Fethullah Gulen that would end with the sides becoming sworn enemies and Gulen blamed for masterminding the coup bid.

- Return to pragmatism? -

Protests in 2013 over plans to build a shopping mall on an Istanbul park provided a rallying cause for secular Turks but Erdogan came out fighting, famously slamming the protesters as "capulcu" ("hooligans").

In 2014 Erdogan was elected president in the first ever popular vote for the post and moved into a vast new presidential palace opponents denounced as a needless extravagance.

In June 2015 elections the AKP won the most votes but lost its overall majority for the first time. But Erdogan swatted away any proposal of a coalition and called new elections in November where the majority was restored.

Whatever the April 16 referendum's outcome, all eyes on April 17 will be turned to whether Erdogan softens the campaign rhetoric and adopts a more conciliatory stance, especially on the EU membership bid and the shattered peace process with Kurdish militants.

"He has been extremely pragmatic in the past, often when you least expect it," said Aydintasbas.

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Erdogan: Turkey's pugnacious 'chief' eyeing new poll knockout