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Scotus!

Scheetz v El Dorado - interesting takings case about development fees as conditions to permits. i just got charged such a fee as part of my some sale closing, and it's making me wonder whether i should look into that

Macquerie - SEC enforcement; 10b-5 doesn't apply to "pure omissions" only those necessary to qualify statements actually made

Bissonette - Federal Arbitration Act (yawn, with all due respect to my Labor and Employment brethern and cistern)

All unanimous. They are really clearing out the easy stuff. More opinions Tuesday.

For those keeping score that like to wring hands, Justices Thomas and Alito have yet to write a majority opinion this year.

RIP Kinky Friedman

Saw him and his Texas Jewboy Band at Gabes back in the '70s!:


Kinky Friedman, the satirical and often provocative musician, author and one-time politician, has died at the age of 79.
“Kinky Friedman stepped on a rainbow at his beloved Echo Hill surrounded by family & friends,” read a post on his social media. “Kinkster endured tremendous pain & unthinkable loss in recent years but he never lost his fighting spirit and quick wit. Kinky will live on as his books are read and his songs are sung.”

Throughout his career, Richard Samet “Kinky” Friedman developed a cult following for his unique, quirky approach to country and Western music. The self-proclaimed “governor of the heart of Texas” released a robust number of albums starting with 1973’s “Sold American,” often considered his foundational record, and in addition to touring with Bob Dylan on his “Rolling Thunder Revue,” he became the “first full-blooded Jew” to appear at the Grand Ole Opry.

Outside of his music career, Friedman was a prolific writer, penning detective novels and serving as a columnist for Texas Monthly. He dabbled in politics, running for Governor of Texas in 2006 with campaign slogans like “My Governor is a Jewish Cowboy.” In the end, he received 12.6 percent of the votes among six candidates.
Born in Chicago, Friedman grew up in Texas and attended University of Texas at Austin to study psychology. An interest in music led him to form King Arthur & the Carrots followed by Kinky Friedman and the Texas Jewboys, which he described as a “country band with a social conscience, a demented love child of Lenny Bruce and Bob Wills.” The group stirred controversy with songs like “They Ain’t Makin’ Jews Like Jesus Anymore” and “Ride ‘Em Jewboy.”


When his music career waned in the 1980s, Friedman shifted to being a novelist and writer at large, publishing 1994’s “Elvis, Jesus and Coca-Cola: A Novel” and 2004’s “Kinky Friedman’s Guide to Texas Etiquette: Or How to Get to Heaven or Hell Without Going Through Dallas-Fort Worth.”
With his sister Marcie, he helped run the Echo Hill Gold Star Camp for children. Kent Perkins, a longtime friend of Friedman, remembered him in a post on his social media.
“Somewhere in heaven,” he wrote, “I’m sure there’s a quiet corner with a big easy chair, a bright floor lamp, a big stack of biographical books, and a few old dogs wagging their tails to the faint smell of cigar smoke.”

University of Iowa denied College of Education funding help for Macbride Nature Recreation Area

Booooooooo!:

Despite a plan to transfer University of Iowa costs for using the Macbride Nature Recreation Area from the College of Education to the campus’ general fund, UI administrators in March told the education dean that won’t happen — and the dean passed on the bad news to his staff.



“This is disappointing but understandable given the institutional priorities and limited resources.” UI College of Education Dean Daniel Clay wrote in a March 29 email to the university’s Macbride Nature Recreation Area Land Manager Tamra Elliott.


As a result, he said, the college would explore the possibility of running its popular UI Wild programs — including School of the Wild, Iowa Wildlife Camps and the Iowa Raptor Project — at “alternative locations.”




“I just wanted to give you a heads up,” Clay wrote in the email, provided to The Gazette in response to a public records request.


After subsequent meetings over the coming weeks, Elliott on June 10 told Clay she had heard “the university is notifying the Army Corps at the end of this month that they are not going to continue the lease when it is done in three years. It this true?”


Nine minutes later, Clay responded: “I do not know if a final decision on that has been made by the university or not.”


‘It was not approved’​


The current extension of the UI lease for the more than 400-acre area near the Lake Macbride State Park from the Army Corps of Engineers — dating back 65 years to 1959 — runs through 2029. A clause lets UI exit the deal with three years’ notice.


Although the university hasn’t given the Corps notice it plans to do that, Corps spokesman Allen Marshall told The Gazette that UI administrators this month did put the Corps on notice they’re “conducting a ‘standard institutional review’ of MNRA use, long-term needs, and financial viability as a university site.”


Clay on June 19 confirmed for UI Wild staffers and community partners that the university has charged a 10-person committee over the next year to review its use of the area and submit a report to UI President Barbara Wilson by May 1.


In that communication, Clay quoted UI Provost Kevin Kregel as saying, “The university provides excellent conservation education through the UI WILD programs and is committed to continuing this experiential learning for our future teachers and K-12 students in Iowa.”


Although the College of Education in the 2023 budget year reported a deficit related to use of the nature area of $533,840 — with its $1.2 million in expenses well surpassing its $643,216 in revenue — Clay in April told Kregel that land management expenses alone, excluding costs for educational programming, hovered around $250,000 a year.


That doesn’t include one-time capital expenses and unanticipated costs — like when the 2020 derecho devastated the area or the Iowa Raptor Center caught fire in February, killing four birds.

A donation box at the Raptor Center is seen Thursday at the University of Iowa’s Macbride Nature and Recreation Area in Johnson County. (Nick Rohlman/The Gazette)
“Our UI WILD programming does not generate enough revenue to cover any of these expenses, so we are fully subsidizing this from the college’s other funds, which we do not have the ongoing resources to commit to,” Clay wrote to Kregel a month after the UI administration denied the college’s petition for general fund help.


“Dean Clay requested central support through the annual budget process. It was not approved,” UI officials said.


When Clay just weeks ago shared with Elliott the budget information he sent Kregel in April — “at his request” — she wrote back, “Seems like such a little amount for the university to fund. I don't get it.”


‘Approve a renewal’​


A professor about 150 years ago began using the Macbride area — located off Mehaffey Bridge Road near Solon — several decades after the land first was surveyed in 1841, five years before Iowa became a state in 1846 and six years before the UI was established in 1847. A century later and one year after the Army Corps built the Coralville Dam in 1958, the university began leasing the parcel of Corps land, which it named after former UI president and naturalist Thomas Huston Macbride.


In the decades that followed, the UI expanded its use of the land — featuring a diversity of woodlands, insects, birds and other animals.


And in the summer of 1984, UI administrators — eager to continue management of what was then called the Macbride Field Campus — laid out a five-year facility development plan detailing a proposed “orientating program” for “youngsters”; expansion of public boating and parking facilities; and enhanced recreation opportunities.





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“We hope that the Corps of Engineers will recognize these strengths, supported by a substantial commitment of human and financial resources, and approve a renewal of the University of Iowa’s lease of the Macbride Field Campus,” UI Vice President for Academic Affairs Richard Remington wrote at that time.


With that letter was a facilities improvement budget — committing $200,000 over five years. Adjusting for inflation, that amounts to more than $600,000 today.


Deleted from a five-year renewal of the lease — from 1984 to 1989 — was a clause that would let the UI relinquish the lease “at any time by giving … at least 30 days notice in writing.”


In 1986, the university updated the lease to cut the acreage from 620 to 415, and reported discovering that “additional staff would be needed to accomplish its objectives” on the land, even as UI was facing “some difficult budget constraints.”


“These constraints may cause staff reductions in many areas of the university,” according to the lease.


But future plans — like a desire to elevate graduate assistants to full-time staffers and add a climbing wall, ice rink, and better bathrooms, roads, and an observation platform — remained in limbo.


“It is anticipated that financing will remain at least at its present level of support,” according to the lease — reporting the $200,000 over five years for capital improvements and $20,000 a year for operations “despite the financial problems.”


‘Will no longer fund’​


When the lease again was renewed in 1989 — this time for 25 years through 2014 — it incorporated historic preservation and soil and water conservation clauses, along with a mandate requiring the UI, upon vacating the premises, to remove property and restore the land to a “satisfactory” condition, or to cover the cost of having that done.


Before the lease expired — in June 2005, three years before 2008 flooding inundated the land — the UI extended it again through 2029.


Fifteen years after the extension — in August 2020 — a devastating derecho wrecked the woodland, costing the university $96,718 to restore. The pandemic also deprived the university of revenue from the nature area’s programs — due to canceled camp opportunities.


And in 2021, the UI WILD programs offered on the Macbride property transferred from Recreational Services in the Division of Student Life to the College of Education — along with the funding responsibility.


The most recent 2023 plan for the area reported, “Funding for the land management positions, budget, and other funding needs of MNRA will be covered by the UI College of Education with the goal of having funding responsibilities taken over by the University of Iowa’s general fund in coming years.


“As of the transfer, Recreational Services will no longer fund or oversee the management of MNRA,” according to the plan.


2026 South Dakota OL Talks Recruitment Spike, Iowa Offer

Spoke with Hudson Parliament, who has been on campus four times in the last 8 months, making the 5.5-hour trip from Brandon, South Dakota. A monster on the interior. Some stars coming his way soon for sure.

STORY:

Officials say suspect in SW Iowa bank robbery died by suicide

The man who robbed a southwest Iowa bank before leading law enforcement on a pursuit that ended with a search of a cornfield and the man taking his own life has been identified.

According to the Iowa Department of Public Safety, the man has been identified as 45-year-old Steven Trent Sapp, of Hooper, Nebraska. A forensic autopsy was conducted by the Iowa State Medical Examiner's Office, which found Sapp died as a result of a single gunshot wound, and his death has been ruled a suicide.





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Previous video above: Suspect died of self-inflicted gunshot following bank robbery in southwest Iowa, authorities say

The robbery was reported at the Iowa State Savings Bank in Lenox around 1:30 p.m. Monday. Authorities were told a male subject entered the bank demanding money before fleeing on a motorcycle.

The Taylor County Sheriff's Office was assisted by the Adams, Adair and Cass County sheriff's offices and the Iowa State Patrol.

Caitlin Clark Nominated for 3 ESPYs

Caitlin Clark is up for 3 awards in the 2024 ESPYs -- Best Athlete, Women's Sports; Best Record-Breaking Performance; and Best College Athlete, Women's Sports

BEST ATHLETE, WOMEN’S SPORTS

  • Caitlin Clark, Iowa Women’s Basketball
  • Coco Gauff, Tennis
  • Nelly Korda, Golf
  • A’ja Wilson, Las Vegas Aces

BEST RECORD-BREAKING PERFORMANCE

  • 49ers Christian McCaffrey scores a TD for a record breaking 17 straight games
  • Caitlin Clark becomes NCAA’s All Time Scoring Leader breaking Pete Maravich’s Record
  • Tara VanDerveer, Stanford Women’s Basketball – gets 1,203rd win to pass Coach K for most by any coach in NCAA basketball history
  • Max Verstappen wins record 10th consecutive race with victory at Italian Grand Prix

BEST COLLEGE ATHLETE, WOMEN’S SPORTS

  • Haleigh Bryant, LSU Gymnastics
  • Caitlin Clark, Iowa Basketball
  • Sarah Franklin, Wisconsin Volleyball
  • Izzy Scane, Northwestern Lacrosse

The 2024 ESPYs are announced on ESPN on July 11, 2024.

Biden appears to freeze up, forget Homeland Security sec's name during White House event:

It continues to happen now on a daily basis yet the liberals just look the other way.
President Biden appeared to freeze up and temporarily forget the name of his Homeland Security Secretary during a White House event Tuesday.

The president had taken the podium in the White House’s East Room to announce new measures giving illegal immigrants living in the U.S. a pathway to citizenship.

Biden introduced himself, using a familiar quip about being "Jill Biden’s husband."

He thanked Congress and Homeland Security Alejandro Mayorkas, but seemed to trail off when trying to remember Mayorkas’ name.

The president then appeared to brush off the flub as a deliberate joke, commenting, "But all kidding aside, Secretary Mayorkas, Secretary [of the Department of Health and Human Services] Becerra and advocates and families, law enforcement, faith leaders, and everybody that’s here."

Fox News Digital has reached out to the White House for comment.

Biden used the event to announce sweeping new policy changes in an election year that would give hundreds of thousands of illegal immigrants in the United States a pathway to citizenship.

The president announced that his administration will, in the coming months, allow certain American citizens’ spouses who are living in the U.S. illegally, to apply for permanent residency and eventually citizenship without having to first depart the country.

Biden’s ostensible flub on Tuesday is the latest incident to draw into question the president’s mental acuteness going into an election year.

Last week, The Wall Street Journal published a report, citing Republicans, and even some Democrats, who said the president was showing signs of slowing down during private meetings.

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