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Is Obama a Natural Born Citien?

Philip J. Berg, Esquire vs. Barack Hussein Obama, a/k/a Barry Soetoro, a/k/a Barry Obama, a/k/a Barack Dunham, a/k/a Barry Dunham, et al

Former assistant Pennsylvania state attorney general and ex-candidate for governor and U.S. Senate Philip J. Berg alleges Obama is illegal alien


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Berg's lawsuit alleges that Barack Obama is not constitutionally qualified to be elected or serve as President of the United States on the grounds he is not a “natural born” or “naturalized” United States citizen as requried by Article II of the Constitution of the United States. Berg believes that Obama was born in Kenya, a UK protectorate at the time and that current copies of a Hawaii Birth Certificate are either forged or a reflection that Obama's birth was registered in Hawii, though the candidate was not actually born in Hawaii. Berg further argues that even if Obama was born in Hawaii, he was adopted by his Indonesian step-father and possibly his Kenyan natural father, thus making him either a dual citizen, naturalized citizen, or Indonesian citizen, none of which qualify as "natural born".

Berg asks the ourts to delcare that:

  • Obama is ineligible to run for and/or serve as President of the United States.
  • That the Democratic National Committee be enjoined from naming Barack Hussein Obama, et al as the Democratic Presidential Candidate on the ballot.
  • That the Democratic National Committee and Barack Hussein Obama, et al are enjoined from any further campaigning on behalf of Barack Hussein Obama, et al for Office of the Presidency.
  • That Barack Hussein Obama’s, et al name be removed from any and all ballots for the Office of the President of the United States.

By not responding substantively, Berg argues that Obama and the DNC effectively admitted the following:

OBAMA - Admitted:

    1. I was born in Kenya. 
    2. I am a Kenya “natural born” citizen. 
    3. My foreign birth was registered in the State of Hawaii. 
    4. My father, Barrack Hussein Obama, Sr. admitted Paternity of me. 
    5. My mother gave birth to me in Mombosa, Kenya. 
    6. My mother’s maiden name is Stanley Ann Dunham a/k/a Ann Dunham. 
    7. The COLB [Certification of Live Birth] posted on the website “Fightthesmears.com” is a forgery. 
    8. I was adopted by a Foreign Citizen. 
    9. I was adopted by Lolo Soetoro, M.A. a citizen of Indonesia. 
    10. I was not born in Hawaii. 
    11. I was not born at the Queens Medical Center in Hawaii. 
    12. I was not born at Kapi’olani Medical Center for Women and Children in Hawaii. 
    13. I was not born in a Hospital in Hawaii. 
    14. I am a citizen of Indonesia. 
    15. I never took the “Oath of Allegiance” to regain my U.S. Citizenship status. 
    16. I am not a “natural born” United States citizen. 
    17. My date of birth is August 4, 1961. 
    18. I traveled to Pakistan in 1981 with my Pakistan friends. 
    19. In 1981, I went to Indonesia on my way to Pakistan. 
    20. Pakistan was a no travel zone in 1981 for American Citizens. 
    21. In 1981, Pakistan was not allowing American Citizens to enter their country. 
    22. I traveled on my Indonesian Passport to Pakistan. 
    23. I renewed my Indonesian Passport on my way to Pakistan. 
    24. My senior campaign staff is aware I am not a “natural born” United States Citizen. 
    25. I am proud of my Kenya Heritage. 
    26. My relatives have requested changes to the portion of my birth certificate that identifies my first name. 
    27. My relatives have requested changes to the portion of my birth certificate that identifies my last name. 
    28. My relatives have requested changes to the portion of my birth certificate that identifies my place of birth. 
    29. I requested changes to the portion of my birth certificate that identifies my first name. 
    30. I requested changes to the portion of my birth certificate that identifies my last name. 
    31. I requested changes to the portion of my birth certificate that identifies my place of birth. 
    32. The document identified as my Indonesian School record from Fransiskus Assisi School in Jakarta, Indonesia is genuine. 
    33. I went to a Judge in Hawaii to have my name changed. 
    34. I went to a Senator and/or Congressman or other public official in Hawaii to have my name changed. 
    35. I had a passport issued to me from the Government of Indonesia. 
    36. The United States Constitution does not allow for a Person to hold the office of President of the United States unless that person is a “natural born” United States citizen. 
    37. I am ineligible pursuant to the United States Constitution to serve as President and/or Vice President of the United States. 
    38. I never renounced my citizenship as it relates to my citizenship to the country of Indonesia.
    39. I never renounced my citizenship as it relates to my citizenship to the country of Kenya. 
    40. I am an Attorney who specializes in Constitutional Law. 
    41. Kenya was a part of the British Colonies at the time of my birth. 
    42. Kenya did not become its own Republic until 1963.
    43. I am not a “Naturalized” United States Citizen. 
    44. I obtained $200 Million dollars in campaign funds by fraudulent means. 
    45. I cannot produce a “vault” (original) long version of a birth certificate showing my birth in Hawaii. 
    46. My “vault” (original) long version birth certificate shows my birth in Kenya.
    47. The only times I was to a Hospital in Hawaii was for check-ups or medical treatments for illnesses. 
    48. Queens Medical Center in Honolulu, Hawaii does not have any record of my mother, Stanley Ann Dunham (Obama) giving birth to me.
    49. Kapi’olani Medical Center for Women and Children in Honolulu, Hawaii does not have any record of my mother, Stanley Ann Dunham (Obama) giving birth to me. 
    50. I was born in the Coast Province Hospital in Mombasa, Kenya. 
    51. I represented on my State Bar application in Illinois that I never used any other name other than Barack Hussein Obama. 
    52. I went by the name Barry Soetoro in Indonesia. 
    53. My Indonesian school records are under the name of Barry Soetoro. 
    54. I took an Oath to uphold the United States Constitution when admitted to the State Bar of Illinois to practice Law. 
    55. I took an Oath to uphold the United States Constitution when I was Sworn into my United States Senate Office. 
    56. I hold dual citizenship with at least one other Country besides the United States of America.

DNC - Admitted:

    1. The DNC nominated Barrack Hussein Obama as the Democratic Nominee for President. 
    2. The DNC has not vetted Barrack Hussein Obama. 
    3. The DNC did not have a background check performed on Barrack Hussein Obama. 
    4.The DNC did not verify Barrack Hussein Obama’s eligibility to serve as President of the United States. 
    5. The DNC admits Barrack Hussein Obama was born in Kenya.
    6. The DNC admits Barrack Hussein Obama is not a “natural born” United States citizen.
    7. The DNC admits Barrack Hussein Obama was not born in Hawaii. 
    8.The DNC admits they have not inquired into Barrack Hussein Obama’s citizenship status.
    9. The DNC admits they have a duty to properly vette the Democratic Nominee for President. 
    10.The DNC admits Lolo Soetoro, M.A., an Indonesian citizen adopted Barrack Hussein Obama.
    11. The DNC admits the Credentials Committee has been aware of this lawsuit since August 22, 2008 as the lawsuit was faxed to our Washington D.C. Office on August 22, 2008.
    12. The DNC admits their Credentials Committee failed to verify and/or inquire into the credentials of Barack Hussein Obama to serve as the President of the United States. 
    13. The DNC admits their Credential Committee’s Report failed to address the issues of Barack Hussein Obama’s ineligibility to serve as President of the United States. 
    14.The DNC admits Howard Dean, Chair Person has and had knowledge Barack Hussein Obama was born in Kenya and ineligible to serve as the President of the United States. 
    15. The DNC admits Plaintiff and all Democratic citizens of the United States have been personally injured as a result of not having a qualified Democratic Presidential Nominee to cast their votes upon. 
    16. The DNC admits Plaintiff and all citizens of the United States have a Constitutional Right to vote for the President of the United States and to have two (2) qualified candidates of which to choose from. 
    17. The DNC admits Plaintiff and all citizens of the United States have a Constitutional right to have a properly vetted Democratic Presidential Nominee of which to cast their vote.
    18. The DNC admits an FBI background check is not performed on the Presidential or Vice Presidential Candidates. 
    19. The DNC admits the United States Constitution does not allow for a Person to hold the office of President of the United States unless that person is a “natural born” United States citizen.
    20. The DNC admits they collected donations on behalf of Barack Hussein Obama for his Presidential campaign.
    21. The DNC admits Plaintiff and Democratic citizens donated money based on false representations that Barack Hussein Obama was qualified to serve as the President of the United States. 
    22. The DNC admits if Barack Hussein Obama is elected as President and allowed to serve as President of the United States in violation of  our Constitution, it will create a Constitutional crisis.
    23. The DNC admits Barack Hussein Obama took an Oath to uphold the United States Constitution. 
    24. The DNC admits allowing a person who is not a “natural born” citizen to serve as President of the United States violates Plaintiff’s rights to due process of law in violation of the United States Constitution.
    25. The DNC admits allowing a person who is not a “natural born” citizen to serve as President of the United States violates Plaintiff’s rights to Equal Protection of the laws in violation of the United States Constitution.
    26. The DNC admits the function of the DNC is to secure a Democratic Presidential Candidate who will protect Democratic citizen’s interests, fight for their equal opportunities and fight for justice for all Americans. 
    27. The DNC admits the Democratic National Committee has been promoting Barack Hussein Obama’s Presidential election knowing he was ineligible to serve as President of the United States.

Ambassador Alan Keyes vs. California Secretary of State Debra Bowen

A second lawsuit was filed in California by former Reagan administration Ambassador and third party presidential candidate Alan Keyes. Keyes is attempting to enjoin California the Secretary of State from certifying Democrat electors who pledged to cast votes for Barack Obama until the candidate validates his elibility to be President. Keyes lawsuit is designed to overcome the issues of standing that have tripped up Berg's case both by a) targetting the certification of electors and b) because Keyes him self was a candidate on state-wide ballots in Califnoria.

Obama Keyes Writ

Get your own at Scribd or explore others: Law obama constitution

3>\ * FfLED ORLY TAITZ, Esq. (SEN 223433) 26302 La Paz Mission ViejoCa 92691 Telephone: (949) 683-5411 Facsimile: (949) 586-8110 \ . i Superior Court Of California, f Sacramento ' *'; Dennis Jones, Exeeuiiv f OtTicer ?: 11/13/2008 THE LAW OFFICE OF GARY G. KREEP GARY G. KREEP (SEN 066482) ! 932 "D" Street, Suite 2 Ramona, California 92065 Tel: (760) 787-9907 Fax:(760)788-6414 Attorneys for Petitioners Case Number. . 5 C epuly 10 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO Ambassador Dr. Alan Keyes; Dr. Wiley S. Drake, Sr.; and Markham Robinson, 11 12 13 )Case No.: gy '14 15 16 17 18 19 20 21 22 23 24 25 Petitioners,) )PETITION FOR WRIT OF )MANDATE California Secretary of State Debra Bowen; Senator Barack ) Hussein Obama; Senator Joe Biden; California Democratic ) Party Electors: Aleita Huguenin, Lou Paulson, Ian Blue, ) Mark Cibula, Richard Hundrieser, Lawrence DuBois, Mark )Date: Friedman, Mary Hubert, Fred Jackson, LeRoy King, Roberta )Time: Brooks, Audrey Gordon, Michael McNerney, Nancy Parrish, )Dept.: James Farley, John Freidenrich, Jeremy Nishihara, Jaime ) Judge: Alvarado, Vinz Koller, Gregory Olzack, David Sanchez, Larry) Sheingold, Stephen Smith, Mark Macarro, Nathan Brostrom, )Filed: Robert "Bob" Handy, Robert Conaway, Greg Warner, Lane )Trial: Sherman, Ilene Huber, Kenneth Sulzer, Sanford Weiner, Ana ) Delgado Mascarenas, Joe Perez, Gwen Moore, Anthony ) Rendon, Karen Waters, Kelley Willis, Silissa Uriarte-Smith, ) Norma Torres, Alma Marquez, Ray Cordova, Patrick Kahler, ) Aaruni Thakur, Joe Baca, Jr., Juadina Stallings, Betty ) McMillion, William Ayer, Gregory Willenborg, James Yedor, ) Bobby G laser, Mary Keadle, Frank Salazar, Christine Young, ) Sid Voorakkara, and DOES 1 -100, ) .) Respondents.) v. PETITION FOR WRIT OF MANDATE AMBASSADOR DR. ALAN KEYES, a resident of the State of Maryland, and DR. WILEY S. 2 3 4 DRAKE, SR., and MARKHAM ROBINSON, each a resident of the State of California, all Petitioners herein, bring this litigation. PETITIONERS allege: 5 6 7 I INTRODUCTION Parties 1. Ambassador Dr. Alan Keyes, Petitioner herein, is the Presidential candidate of the 8 9 10 American Independent Party, in the 2008 election, on the California State Ballot; 2. Dr. Wiley S. Drake, Sr., Petitioner herein, is a Certified California Elector of the 11 12. American Independent Party and is the Vice Presidential candidate of the American Independent Party, in the 2008 election, on the California State Ballot; 3. Markham Robinson, Petitioner herein, is a Certified California Elector of the American 13 14 15 Independent Party, Vice Chairman of America's Independent Party, and Chairman of the American independent Party; 4. Debra Bowen, Respondent herein, is the Secretary of State of the State of California 16 17 (hereafter referred to as "SOS"); 5. Senator Barack Hussein Obama, Respondent herein, is the Presidential Candidate of the 18 19 20 21 Democratic Party on the California State Ballot; 6. Senator Joe Biden, Respondent herein, is the Vice-Presidential Candidate of the Democratic Party on the California State Ballot; 7. Aleita Huguenin, Respondent herein, is an Elector for the 2008 Presidential and Vice- 22 23 24 25 Presidential Election, in the State of California; 8. Lou Paulson, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, in the State of California; PETITION FOR WRIT OF MANDATE I 9. 2 3 4 Ian Blue, Respondent herein, is a Certified Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 1st Congressional District; i 10. Mark Cibula, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 2nd Congressional District; 11. Richard Hundrieser, Respondent herein, is an Elector for the 2008 Presidential and 5 6 7 8 Vice-Presidential Election, designated by the Democratic Party nominee in the 3rd Congressional District; , 12. Lawrence DuBois, Respondent herein, is an Elector for the 2008 Presidential and Vice- 9 Presidential Election, designated by the Democratic Party nominee in the 4th Congressional District; ' 13. Mark Friedman, Respondent herein, is an Elector for the 2008 Presidential and Vice- 10 11 12 13 14 15 16 17 18 19 20 21 22 23- Presidential Election, designated by the Democratic Party nominee in the 5th Congressional District; 14. Mary Hubert, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 6th Congressional District; 15. Fred Jackson, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 7th Congressional District; i I 16. LeRoy King, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 8th Congressional District; i 17. Roberta Brooks, Respondent herein, is an Elector for the 2008 Presidential and Vicei Presidential Election, designated by the Democratic Party nominee in the 9th Congressional District; 18. Audrey Gordon, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 10th Congressional District; 19. Michael McNerney, Respondent herein, is an Elector for the 2008 Presidential and Vice- 'Presidential Election, designated by the Democratic Party nominee in the 11th Congressional District; 20. i 24 25 Nancy Parrish, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 12th Congressional District; 3 PETITION FOR WRIT OF MANDATE 21. James Farley, Respondent herein, is an Elector for the 2008 Presidential and Vice- 2 3 4 5 6 7 8 9 10 11 12 13 Presidential Election, designated by the Democratic Party nominee in the 13th Congressional District; i 22. John Freidenrich, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 14th Congressional District; 23. Jeremy Nishihara, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 15th Congressional District; 24. Jaime Alvarado, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 16th Congressional District; 25. Vinz Roller, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 17th Congressional District; 26. Gregory Olzack, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 18th Congressional District; 27. i David Sanchez, Respondent herein, is an Elector for the 2008 Presidential and Vice- 14 15 16 17 18 19 20 21 22 23 24 25 Presidential Election, designated by the Democratic Party nominee n the 19th Congressional District; , 28. Larry Sheingold, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 20th Congressional District; * I 29. Stephen Smith, Respondent herein, is an Elector for the 2008 Presidential and Vice- i Presidential Election, designated by the Democratic Party nominee in the 21st Congressional District; 30. Mark Macarro, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 22nd Congressional District; 31. Nathan Brostrom, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 23rd Congressional District; 32. Robert "Bob" Handy, Respondent herein, is an Elector for the 2008 Presidential and Vice-Presidential Election, designated by the Democratic Party nominee in the 24th Congressional District; PETITION FOR WRIT OF MANDATE 1 2 3 4 5 6 7 8 9 I i 33. Robert Conaway, Respondent herein, is an Elector for the 2008 Presidential and Vice i Presidential Election, designated by the Democratic Party nominee in the 25th Congressional District; 34. Greg Warner, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 26th Congressional District; 35. Lane Sherman, Respondent herein, is an Elector for the 2008 Presidential and Vicei Presidential Election, designated by the Democratic Party nominee in the 27th Congressional District; 36. Ilene Huber, Respondent herein, is an Elector for the 2008 Presidential and Vice1 Presidential Election, designated by the Democratic Party nominee in the 28th Congressional District; I 37. Kenneth Sulzer, Respondent herein, is an Elector for the 2008 Presidential and Vice' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Presidential Election, designated by the Democratic Party nominee in the 29th Congressional District; ; 38. Sanford Weiner, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 30th Congressional District; ; 39. Ana Delgado Mascarenas, Respondent herein, is an Elector for the 2008 Presidential and y ice-Presidential Election, designated by the Democratic Party nominee in the 31st Congressional District; I 40. Joe Perez, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 32nd Congressional District; , 41. Gwen Moore, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 33rd Congressional District; 42. Anthony Rendon, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 34th Congressional District; 43. Karen Waters, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 35th Congressional District; 44. Kelley Willis, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 36th Congressional District; PETITION FOR WRIT OF MANDATE 45. Silissa Uriarte-Smith, Respondent herein, is an Elector for the 2008 Presidential and Vice-Presidential Election, designated by the Democratic Party nominee in the 37th Congressional District; 46. Norma Torres, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 38th Congressional District; 47. Alma Marquez, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 39th Congressional District; 48. Ray Cordova, Respondent herein, is an Elector for the 2008 Presidential and Vice- 9 10 11 12 13 14 Presidential Election, designated by the Democratic Party nominee in the 40th Congressional District; 49. Patrick Kahler, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 41st Congressional District; 50. Aaruni Thakur, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 42nd Congressional District; 51. Joe Baca, Jr., Respondent herein, is an Elector for the 2008 Presidential and Vice- 15 16 17 18 19 20 21 22 23 24 25 Presidential Election, designated by the Democratic Party nominee in the 43rd Congressional District; 52. Juadina Stallings, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 44th Congressional District; 53. Betty McMillion, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 45th Congressional District; 54. William Ayer, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 46th Congressional District; 55. Gregory Willenborg, Respondent herein, is an Elector for the 2008 Presidential and Vice Presidential Election, designated by the Democratic Party nominee in the 47th Congressional District; 56. James Yedor, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 48th Congressional District; 6 PETITION FOR WRIT OF MANDATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57. Bobby Glaser, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 49th Congressional District; 58. Mary Keadle, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 50th Congressional District; 59. Frank Salazar, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 51st Congressional District; 60. Christine Young, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 52nd Congressional District; 61. Sid Voorakkara, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 53rd Congressional District. Legal Basis 62. Article II, Section I of the United States Constitution, states, in pertinent part, as follows: "No Person except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the Office of President;" 63. Senator Barack H. Obama is a candidate for the Office of the President of the United States. However, to assume such office, Senator Obama must meet the qualifications specified for the Office of the President of the United States, which includes that he must be a "natural born" citizen. Senator Obama has failed to demonstrate that he is a "natural born" citizen. There are other legal challenges before various state and federal courts regarding aspects of lost or dual citizenship concerning Senator Obama. Those challenges, in and of themselves, demonstrate Petitioners' argument that reasonable doubt exists as to the eligibility of the Democratic Party's nominee for President. 64. SOS is responsible for ensuring the validity of the State election process by, among other things, verifying the qualifications of the voters, approving the ballots and the candidates, supervising the counting of the ballots, and certifying the results. This certification of the vote by SOS, based upon which Electors received the highest number of votes in the state, is the method provided for in California PETITION FOR WRIT OF MANDATE 1 2 3 4 5 law for ascertaining which Electors are appointed to vote for president (California Elections Code § 15505, 3 U.S.C. § 6). On December 1, or as soon as soon as the election results have been received from all counties in the state, SOS shall certify the names of the ascertained Electors to the Governor, and then transmit to each presidential Elector a certificate of election (California Elections Code § 15505). The Governor then issues and seals a Certificate of Ascertainment which is delivered to the Electors by December 15 (3 U.S.C. § 6), who then meet to sign the Certificate of Vote (Federal Election Code § 192.006). The office of SOS is intended to be non-biased and to provide the critical sense of fairness and impartiality necessary for the people to have faith in the fundamental underpinnings of the democratic basis for our elections. 65. There is a reasonable and common expectation by the voters that to qualify for the ballot, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the individuals running for office must meet minimum qualifications as outlined in the federal and state Constitutions and statutes, and that compliance with those minimum qualifications has been confirmed by the officials overseeing the election process. Heretofore, only a signed statement from the candidate attesting to his or her meeting those qualifications was requested and received by SOS, with no verification demanded. This practice represents a much lower standard than that demanded of one when requesting a California driver's license. Since SOS has, as its core, the mission of certifying and establishing the validity of the election process, this writ seeks a Court Order barring SOS from certifying the California Electors until documentary proof that Senator Obama is a "natural born" citizen of the United States of America is received by her. This proof could include items such as his original birth certificate, showing the name of the hospital and the name and the signature of the doctor, all of his passports with immigration stamps, and verification from the governments where the candidate has resided, verifying that he did not, and does not, hold citizenship of these countries, and any other documents that certify an individual's citizenship and/or qualification for office. 66. In the case of individuals seeking the Office of President of the United States, the United States Constitution provides for a system of Electors, wherein citizens of the respective states have a state 8 PETITION FOR WRIT OF MANDATE 1 2 3 4 5 6 7 controlled election in which Electors representing the interests of the respective candidates for President on the state ballot are elected to represent the interests of the respective state in the Electoral College. Thus, there is no federal ballot controlled by the federal government. There is a California State ballot where voters elect Electors who in turn represent the named candidate for office on the ballot. That is one more reason why SOS has responsibility for the certification of not just the counts of the ballots cast, but, also, the propriety of the contents of the ballot. In case Senator Obama cannot present proper documentation verifying his citizenship, he cannot be elected President of the United States, and SOS has a duty to bar the casting of votes by California Electors in support of his candidacy. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 67. To avert a constitutional crisis which would certainly accrue after the election through laborious legal challenges, this writ seeks to resolve such complaints. It was incumbent on the candidates to present the necessary documentation confirming his citizenship, but, to date, Senator Obama has failed to do so. 68. At this point, Senator Obama has not allowed independent or official access to his vault (original hospital) birth records and supporting hospital records. Senator Obama's citizenship status has been, and is being, challenged in 17 different legal actions in various federal and state courts, which challenges cast doubt on the validity of the electoral process, regardless of outcome, if not resolved prior to the certification of the election by the Electors. SOS is specifically charged with certifying and guaranteeing the validity of official documents and overseeing the elections in California, such that the people's confidence in the fundamental aspect of democracy is maintained. To date, in this regard, SOS has not carried out that fundamental duty. 69. This writ requests a court order barring the SOS from both certifying to the Governor the names of the California Electors, and from transmitting to each presidential Elector a Certificate of Election, until such documentary proof is produced and verified showing that is a "natural born" citizen of the United States and does not hold citizenship in Indonesia, Kenya or Great Britain. In addition, this writ requests a court order barring the California Electors from signing the Certificate of Vote until such 9 PETITION FOR WRIT OF MANDATE documentary proof is produced and verified showing that Senator Obama is a "natural born" citizen of 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the United States and does not hold citizenship in Indonesia, Kenya or Great Britain. 70. Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void, Petitioners, as well as other Americans, will suffer irreparable harm in that an usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal. 71. 3 United States Code (U.S.C.) Section 8 provides, "The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution." This federal statute confers upon each elector an affirmative duty to discover whether the candidate for President for which the elector is seeking election is a "natural born" citizen. Otherwise, the elector would not know if his vote was being cast in the "manner directed by the Constitution." 72. / Given this constitutionally mandated duty, PETITIONERS have standing to bring this Writ before this Court. 73. A growing number of questions have arisen in litigation in at least 10 states contesting whether Senator John McCain or Senator Barack Obama are "natural born" citizens and, therefore, constitutionally eligible to be entrusted with the Office of President of the United States. In the litigation against Senator Obama, allegations have been made that his admitted dual citizenship in Indonesia, and lack of evidence that he renounced the same, caused a loss of his United States Citizenship as a matter of law. Moreover, evidence released by the Obama campaign purporting to be a "Certification of Live Birth" on its face appears to be of questionable authenticity. One of the many problems with this evidence is that the border design differs from the border designs of other Certifications of Live Birth printed during the same time period. All these questions about both of the candidates are still unresolved. In the course of those lawsuits, some of which have been dismissed, it has been determined that there exists no designated official in the federal government, or the government of the states, directly charged with the responsibility of determining whether any Presidential candidate meets the qualifications of 10 PETITION FOR WRIT OF MANDATE 1 2 3 4 5 6 7 Article II of the Constitution of the United States. In most states, that responsibility is vested with the political parties, all of which have a conflict of interest in making any such determination, and none of which have been forthcoming with information or evidence verifying any candidate's compliance with the eligibility requirements. 74. A press release was issued on October 31, 2008, by the Hawaii Department of Health by its Director, Dr. Chiyome Fukino. Dr. Fukino said that she had "personally seen and verified that the Hawaii State Department of Health has Senator Obama's original birth certificate on record in accordance with state policies and procedures." That statement failed to resolve any of the questions being raised by 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 litigation and press accounts. Being "on record" could mean either that its contents are in the computer database of the department or there is an actual "vault" original. 75. Further, the report does not say whether the birth certificate in the "record" is a Certificate of Live Birth or a Certificate of Hawaiian Birth. In Hawaii, a Certificate of Live Birth resulting from hospital documentation, including a signature of an attending physician, is different from a Certificate of Hawaiian Birth. For births prior to 1972, a Certificate of Hawaiian Birth was the result of the uncorroborated testimony of one witness and was not generated by a hospital. Such a Certificate could be obtained up to one year from the date of the child's birth. For that reason, its value as prima facie evidence is limited and could be overcome if any of the allegations of substantial evidence of birth outside Hawaii can be obtained. The vault (long Version) birth certificate, per Hawaiian Statute 883.176 allows the birth in another State or another country to be registered in Hawaii. Box 7C of the vault Certificate of Live Birth contains a question, whether the birth was in Hawaii or another State or Country. Therefore, the only way to verify the exact location of birth is to review a certified copy or the original vault Certificate of Live Birth and compare the name of the hospital and the name and the signature of the doctor against the birthing records on file at the hospital noted on the Certificate of the Live Birth. 76. An unprecedented and looming constitutional crisis awaits if a President elected by the popular vote and the electoral vote does not constitutionally qualify to serve in that capacity. In addition, 11 PETITION FOR WHIT OF MANDATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 if Senator Obama is not a "natural born" citizen and not eligible for presidency, Senator Obama will be subject to the criminal Provisions of the California Elections Code, stating, "Any person who files or submit for filing a nomination paper or declaration of candidacy knowing that it, or any part of it, has been made falsely is punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the state prison for 16 months or two or three years or by both the fine and imprisonment" (California Elections Code § 18203). Further, Senator Obama, SOS, the Governor of the State of California, and all of the California Electors may be subject to the penal provisions of the California Elections Code which states, "Any person who commits fraud and any person who aids or abets fraud or attempts to aid or abet fraud, in connection with any vote cast, to be cast, or attempted to be cast, is guilty of felony, punishable by imprisonment for 16 months or two or three years" (California Elections Code § 18500). 77. The Twentieth Amendment to the United States Constitution provides, "if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or in the manner in which one who is to act shall be elected, and such person shall act accordingly until a President or Vice President shall have qualified." Thus, if Senator Obama cannot take office due to his citizenship, succession to the Presidency is set. n BACKGROUND OF THE CASE 78. The Office of the Secretary of State of California is the California agency responsible for certifying candidates for inclusion on the ballot. Historically, California Secretaries of State have exercised their due diligence by reviewing necessary background documents, verifying that the candidates that were submitted by the respective political parties as eligible for the ballot were indeed eligible. In 1968, the Peace and Freedom Party submitted the name of Eldridge Cleaver as a qualified candidate for 12 PETITION FOR WRIT OF MANDATE 1 2 President of the United States. The then SOS, Mr. Frank Jordan, found that, according to Mr. Cleaver's birth certificate, he was only 34 years old, one year shy of the 35 years of age needed to be on the ballot as a candidate for President. Using his administrative powers, Mr. Jordan removed Mr. Cleaver from the ballot. Mr. Cleaver unsuccessfully challenged this decision to the Supreme Court of the State of California, and, later, to the Supreme Court of the United States. Similarly, in 1984, the Peace and Freedom Party listed Mr. Larry Holmes as an eligible candidate in the Presidential primary. When the then SOS checked his eligibility, it was found that Mr. Holmes was similarly not eligible, and Mr. Holmes was removed from the ballot. Currently, we have a similar situation in that the Democratic Party 3 4 5 6 7 9 10 11 12 has submitted the name of Senator Barack Obama as candidate for President. 79. However, there are a number of separate reasons that would make Senator Obama ineligible to serve as President of the United States. On August 21, 2008, Mr. Phillip J. Berg, former Deputy Attorney General of the State of Pennsylvania, filed a legal action against Senator Obama and the Democratic National Committee. With his action, and in the subsequent appeal to the Supreme Court of the United States, Mr. Berg provided documents to the effect that Senator Obama was bom in what is now Kenya (the British East African Protectorate of Zanzibar at the time) and that his paternal grandmother was present at his birth. Senator Obama claims that he was born in Hawaii. According to statements made by his half-sister, Maya Soetoro Ng, he was born in Kapiolani Hospital in Hawaii. According to his biography posted on Wikipedia, Senator Obama was born in Queens Hospital in Hawaii. However, he has never provided the original hospital birth certificate from 1961, with the name of the hospital and the name and the signature of the doctor in attendance. All that Senator Obama has posted on his website is a Registry of Live Birth (short version), obtained in 2007, that does not provide the name of the hospital or the doctor. Clearly, one human being cannot be born in three different places. Hawaii Revised Statute 338-178 allows registration of birth in Hawaii for a child that was born outside of Hawaii to parents who, for a year preceding the child's birth, claimed Hawaii as their place of residence. The only way to know where Senator Obama was actually born is to view Senator Obama's original 13 13 14 15 16 17 18 19 20 21 22 23 24 25 PETITION FOR WRIT OF MANDATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 birth certificate from 1961 that shows the name of the hospital and the name and signature of the doctor that delivered him. From August 21, 2008, for over two months, Senator Obama has refused to provide his original birth certificate, even though, in his book, Dreams of My Father, page 26, he states, "... I found the article folded between my birth certificate and old immunization records..." which shows that * he clearly has his birth certificate, or that he lied in his book. Particularly telling is the fact that not one single person has come forward, not a doctor, not a nurse, not a hospital administrator, nor anyone else, to state that he or she was present during this birth, except for Obama's paternal grandmother, who affirmed that she "was in the delivery room in Kenya when he was born Aug. 4, 1961." Additionally, when Mr. Berg served subpoenas on the hospitals mentioned above, Senator Obama refused to sign a consent form that would allow the hospitals to release any of his information. Instead, Senator Obama has hired three law firms to defend himself, and has challenged the action by Mr. Berg on a technicality, claiming that an ordinary citizen does not have standing to bring the suit. This matter is currently being reviewed by the U.S. Supreme Court. The parties in this case have standing to bring this litigation, due to the fact that Dr. Keyes and Dr. Drake, Sr., are candidates on the California ballot for President and Vice President of the United States, and Mr. Robinson is an Elector for the Keyes-Drake ticket, and Vice Chairman of America's Independent Party, of Fenton, Michigan, which nominated Dr. Keyes for President. He is also a Chairman of the American Independent Party (California), which nominated Dr. Keyes and Dr. Drake for President and Vice President, respectively. Based on the foregoing, it is imperative for SOS to be 19 20 21 22 23 24 25 provided proof that Senator Obama is a "natural born" citizen. 80. If he was born in Hawaii, there are four (4) other obstacles to Senator Obama's eligibility. In and about 1967, Senator Obama moved to Indonesia, took the last name of his stepfather, Soetoro, and went by the name Barry Soetoro. In original legal action filed by Mr. Berg, he presented Senator Obama's school registration, showing him registered as Barry Soetoro, Citizenship-Indonesian, Religion Islam, signed by L. Soetoro. From 1945, Indonesia has not allowed dual citizenship and, therefore, Ms. Dunham-Obama-Soetoro, Senator Obama's mother, had to relinquish her son's U.S. 14 PETITION FOR WRIT OF MANDATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 citizenship in order to obtain Indonesian citizenship for him, which would make him ineligible to become a United States President. Additionally, the United States could not allow dual citizenship with Indonesia at that time, as Indonesia did not allow dual citizenship, and it was prohibited by the Hague Convention of 1930, as interfering with the internal affairs of another sovereign Country. 81. In addition, upon return to the United States in and around 1971-1972, Senator Obama would have been required to go to the then current immigration procedures to regain his U.S. citizenship. There is no record of him ever doing that. Even if he had done so, he would be considered a naturalized citizen and not a "natural born" citizen. 82. Additionally, assuming Senator Obama was born in what is now Kenya, at the time of Senator Obama's birth in 1961, (now) Kenya was the British Protectorate of Zanzibar and Senator Obama was automatically accorded a form of British citizenship under Section 32(1) of the British Nationality Act of 1948, effective date January 28, 1949, based on his father's citizenship. 83. Finally, in 1981, Senator Obama traveled to Pakistan, when there was a ban for U.S. citizens to travel to Pakistan. The only logical possibility for him to do so was by using one of his other passports: Indonesian, Kenyan, or British. 84. Based on all of the above, it is the duty of the SOS to obtain proper documentation of Senator Obama's citizenship to confirm his eligibility for the office of the President of the United States. 85. On October 25, 2008, SOS was contacted, via e-mail, by Orly Taitz, Esq., discussing the issues mentioned above. SOS has acknowledged receipt of said e-mail and sent a response. As of that time, SOS was on notice and had a duty to act. Ms. Taitz had a subsequent conversation with the election analyst of SOS Office, Ms. Philly Crosby. Ms. Taitz requested an administrative hearing on the matter in question. Ms. Crosby stated that she would discuss the matter with Ms. Bowen and SOS' General Counsel, Ms. Pam Giarizzo, and that Ms. Giarizzo would telephone Ms. Taitz to discuss the issue. Ms. Taitz followed this conversation with a second e-mail, confirming all the details of the conversation. As yet, SOS has taken no steps to request the necessary documents from Senator Obama. It appears that Ms. 15 PETITION FOR WRIT OF MANDATE Bowen is intending to certify Senator Obama, and to certify his Electors, and not protect the people of the 2 3 4 5 6 7 State of California by enforcing its laws. As a result of SOS declining to act pursuant to the above described legal obligations, the only remedy is to request relief from the Superior Court of California, and seek injunctive relief available to bar SOS from certifying the California Electoral votes until such documentary proof that Senator Obama's United States citizenship is produced. m EFFECT OR FAILURE TO GRANT INJUNCTIVE RELIEF 86. Failing to officially and publically validate the status of the citizenship claims of Senator 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Obama will cast a pall of doubt on the election process and taint the election results themselves. A proper inquiry into Senator Obama's eligibility will not constitute a hardship on Senator Obama, and it will not deny his voters the right to vote for him, since this very right is dependent on his eligibility for the office as a "natural born" citizen. If Senator Obama is not a "natural born" citizen, and, therefore, not eligible to serve as President, no hardship on him or any other Respondent can be shown. On the contrary, lack of the relief that is prayed for will constitute an insurmountable hardship on the voters of the State of California. 87. Failure to grant the relief sought would allow a potentially corrupted, fraudulent, nomination and election process to continue. If indeed, Senator Obama knew that he is not eligible for the presidency, he would be subject to California Election Code Section 18203, which states, "Any person who files or submits for filing a nomination paper or declaration of candidacy that it or any part of it has been made falsely is punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the state prison for 16 months or two or three years or by both fine and imprisonment". Additionally, he would be subject to California Elections Code Section 18500 that states, "Any person who commits fraud and any person who aids or abets fraud or attempts to aid or abet fraud, in connection with any vote cast, to be cast, or attempted to be cast, is guilty of a felony, punishable by imprisonment for 16 months or two or three years". Clearly it is imperative to vet Senator Obama's eligibility for 16 PETITION FOR WRIT OF MANDATE 1 2 3 4 5 presidency and resolve this issue prior to the certification of the election results by the electors. 88. Failure to grant the relief sought, demanding that SOS be ordered to verify the constitutionally required qualifications of Senator Obama not only allows, but promotes, an overwhelming degree of disrespect for our Constitution and for our electoral process, and creates such a lack of confidence of voters in the primary and electoral process itself, that it would confirm a common belief that no politician has to obey the laws of this Country, respect our election process, or follow the United States Constitution. 89. Petitioners Keyes and Drake will be irreparably harmed by being unable to compete in a 6 7 8 9 10 11 12 fair and unbiased election. Petitioner Robinson will be harmed in that he will not be able to perform his duties as an Elector in voting for the candidate that is eligible to become the President of the United State; under the law. It is incumbent on SOS to enforce the eligibility requirements. PRAYER WHEREFORE, Petitioners respectfully prays: 90. That the court issue a peremptory writ in the first instance barring Respondent Secretary 13 14 15 16 17 18 19 20 21 22 23 24 25 of State of California, Ms. Bowen, from both certifying to the Governor the names of the California Electors, and from transmitting to each presidential Elector a Certificate of Election, until such documentary proof is produced and verified showing that Senator Obama is a "natural born" citizen of the United States and does not hold citizenship of Indonesia, Kenya or Great Britain. In addition, this writ requests that the court issue a peremptory writ barring Respondent California Electors from signing the Certificate of Vote until such documentary proof is produced and verified showing that Senator Obama is a "natural born" citizen of the United States and does not hold citizenship of Indonesia, Kenya or Great Britain. 91. For Petitioners' attorney's fees. 17 PETITION FOR WRIT OF MANDATE 92. For such costs of this proceeding and fees as are applicable by law; and such further relief as the Court deems just and proper. 3 4 5 6 7 8 9 Respectfully submitted on November 12, 2008 SIGNATURE VIA FAX Gary G. Kreep, Esq. Attorney for Petitioners 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 PETITION FOR WRIT OF MANDATE i 1/12/-2008 WED 1 6 : 2 9 FAX 121001/008 FROM ( W E D ) N O V 12 2008 12:39/ST. 12:38/No. 6 8 3 9 4 5 6 7 9 2 P 2 92. 2 3 4 5 6 7 8 9 For such costs of this proceeding and fees as are applicable by law; and such farther relie as the Court deems just and proper, speclfujjv/submitted on November 12,2008 Gary G, Kre/p, Esq. Attorney fo¥ Petition^ 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IS UL'TITIMW Cf>O

Additional Reading

Obama was likely born in Hawaii — does that mean he’s Eligible?
Philip Berg's Obama Crimes
Fact Check dot Org
Obama's Birth Certificate Copy

From USLaw Blogs

TRO Denied; Obama Can Still Run -- For Now

Posted on Lowering the Bar on August 25, 2008
The Obama campaign is probably breathing a big sigh of relief now that the motion for temporary restraining order sought by Philip J. Berg, Esquire, has been denied. Berg, who says he is a Democrat (and presumably a Clinton supporter),...

Was the Obama Born? If So, Where?

Posted on Set in Style on October 27, 2008
Those are the sorts of questions raised in a suit filed by Philip J. Berg, an attorney and host of Obama Crimes. Barack Obama claims he was born in Hawaii, but Berg says that ain’t so — he was born in Kenya, so he’s not a natural born citizen

Fuggedaboutit! Mukasey Revives Organized Crime Council

Posted on Law Blog - WSJ.com on December 31, 1969
One of the Law Blog’s favorite historical characters is Mo Berg. In addition to being a Columbia-trained lawyer and a longtime backup catcher for the Boston Red Sox, Berg was a spy in the Office of Strategic Services during WWII. Above all else, Berg, wh

Berg v. Obama: Dismissed

Posted on Concurring Opinions on October 25, 2008
As I predicted here, Judge Surrick threw out Berg v. Obama last night, granting Obama et al.'s motion to dismiss. According to a news report on the opinion, which isn't yet online: In a 34-page memorandum and opinion, the judge said Berg's allegations of harm

On The Move: Andrew G. Berg

Posted on Antitrust Review on March 07, 2008
Congratulations to Andrew G. Berg who has joined Sonnenschein Nath & Rosenthal from King & Spalding.  According to the press release: Well-known antitrust attorney Andrew G. Berg has joined Sonnenschein Nath & Rosenthal LLP as a partner in its Was

Director Peter Berg Sued Over 2006 Death of Propmaster

Posted on Media Law Prof Blog on August 12, 2008
Director Peter Berg ("Hancock," "Friday Night Lights") is being sued by the family of an assistant propmaster who died in an accident during the filming of "The Kingdom," in 2006. Mr. Berg was in an SUV that hit a smaller...

Little known news blip, but interesting nonetheless

Posted on The Once and Future Lawyer on October 26, 2008
I saw that the Obama-Berg lawsuit got dismissed and commented on that on that entry. This was an interesting news story that is likely to be overlooked: Charles Fried, a well-known conservative lawyer and con law professor, announced that he endorsed Obama.

Berg v. Obama and Common Sense

Posted on Concurring Opinions on October 23, 2008
Andrew McCarthy, former AUSA and current NRO contributor, writes:What is the deal with Obama's birth certificate and citizenship status? ... , Philip J. Berg, a former Deputy AG of Pennsylvania and a professed Hillary supporter, filed a lawsuit claiming Obama

Berg: Judicial Deference to Tax Regulations

Posted on TaxProf Blog on July 24, 2008
Mark E. Berg (Feingold & Alpert, New York,) has published Judicial Deference to Tax Regulations: A Reconsideration in Light of National Cable, Swallows Holding, and Other Developments, 61 Tax Law. 481 (2008). Here is part of the Conclusion: Although (or...

New York Court of Appeals Will Hear Yet Another Scaffold Law Appeal

Posted on New York Civil Law on April 09, 2008
The New York Court of Appeals will hear oral arguments in yet another Labor Law sec. 240(1) case this month -- Berg v. Albany Ladder Co. In Berg, the plaintiff was hurt during the course of unloading steel trusses from...

New York Court of Appeals Determines Another Labor Law sec. 240(1) Case

Posted on New York Civil Law on June 12, 2008
Earlier today, the New York Court of Appeals decided Berg v. Albany Ladder Co. -- a matter concerning Labor Law sec. 240(1). In Berg, the plaintiff was hurt during the course of unloading steel trusses from a flatbed truck at...

New York Court of Appeals Determines Another Labor Law sec. 240(1) Case

Posted on New York Civil Law on June 12, 2008
Earlier today, the New York Court of Appeals decided Berg v. Albany Ladder Co. -- a matter concerning Labor Law sec. 240(1). In Berg, the plaintiff was hurt during the course of unloading steel trusses from a flatbed truck at...

Might Free IP Save the Poor from their Lot?

Posted on ISinIP on May 15, 2008
Thomas Berg (University of St. Thomas, St. Paul/Minneapolis, MN - School of Law) has posted the abstract of Intellectual Property and the Preferential Option for the Poor (5 Journal of Catholic Social Thought 193 (2008). As abstracted, Professor Berg’s p

Berg on the Community Benefit Standard for Tax Exempt Hospitals

Posted on Legal Theory Blog on August 22, 2008
Jessica Wilen Berg (Case Western Reserve University - School of Law) has posted Population Health and Tax-Exempt Hospitals: Putting the Community Back into the 'Community Benefit' Standard on SSRN. Here is the abstract:Disputes about tax-exemption are occurrin

Concurring Opinions posts the Berg opinion

Posted on The Once and Future Lawyer on October 27, 2008
I haven't had time to read through it yet, and I will decide whether I need to chime in and post any thoughts that contribute to a more intelligent discourse later. Rather than post the direct link to the PDF, I will simply post to the entry on the Concurring

Positive Incentives and Reducing Abortions -- Responding to Tom Berg

Posted on Mirror of Justice on October 17, 2008
Thanks to Tom for his post responding to Weigel?s article on Obama and abortion, and thanks to all for welcoming me back to MOJ. First, let me make clear that, as a fundamental matter, I agree with Tom?s basic point,...

Berg v Obama citizenship TRO lawsuit

Posted on The Once and Future Lawyer on September 08, 2008
Someone asked me whether I had heard about this lawsuit over Sen. Obama's citizenship. I told him I hadn't, but that it was unlikely to go anywhere in any court for lack of standing. Because this news story has some legal crossover, however, I figured I woul

Berg v. Obama Opinion & Analysis

Posted on Concurring Opinions on October 27, 2008
Because it seems that there is a great deal of popular interest in this topic, I'm posting Judge Surrick's memorandum and order in the Berg v. Obama case. It is here. The opinion is clearly written, and has in mind an audience consisting of non-lawyers. (Se

Thomas Berg: More on Same-Sex Marriage and Religious Liberty

Posted on Constitutionally Correct on June 19, 2008
Thomas Berg has this post on the Mirror of Justice Blog. He begins: Dale Carpenter’s typically thoughtful post argues that one shouldn’t oppose same-sex marriage on the ground that it creates “novel” threats to religious liberty, religi
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