Thursday, May 29, 2008

Texas Supreme Court agrees that the police needed more to enter the polygamist compound

I still have not followed this case any more than I did when the story first broke any more than reading the headlines. I saw that the Texas Supreme Court has upheld the Court of Appeals decision, which had held that the removal of the children from the compound was unwarranted. See Texas High Court: Removal of Sect Kids 'Not Warranted.' The Texas opinions can be found here. The original court of appeals decision can be found here.

I will not comment on the case because I have worked on similar underlying issues in admittedly unrelated cases. I will say that from what I have read about the Texas case, it seems that the majority had it right. The implication, I would guess, is not so much about the rights of these children per se, but the quantum of evidence required for the state/government/police to cross the sanctity of the home or take away a person's children. Given the burden required in a case where children are involved, and parental rights generally, if the trial court didn't find that the State of Texas had met its burden, I'm sure it came as no surprise to anyone involved that those factual findings would probably not be disturbed on appeal.

I also note that the Supreme Court is debating weighing in on fantasy sports. Because this was initially reported by the The New York Personal Injury Law Blog on April 1 (linked originally through Above the Law), I thought it was a cleverly written April Fools entry. On the news today though, it seems that this joke may have garnered some steam, although I haven't found anything on the wires confirming what Fox News has been reporting. It's something to follow I guess.


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Monday, May 26, 2008

If the Clinton campaign was a public corporation, there would be multiple shareholder derivative suits

I have to confess that I was offended by Clinton's most recent remarks, which admittedly, have been blown out of context. I have no reason to be offended by them, but they were just stupid. I accept that it may have been a misstatement, and I also accept that similar statements were (largely) ignored by the press when put in a press article earlier in March. But I don't know what the question was for the March article, and this election is far from where it was in March.

Rather than belabor the point, I will ignore my common sense and assume that politicians routinely speak out of both sides of their mouths and this is just one of those times. I will also ignore the fact that lawyers are bred to choose their words wisely. I will simply say that if I was asked a question about why I'm sticking around this late in the primary process, I don't think I would say something to the effect of "My husband did not wrap up the nomination in 1992 until he won the California primary somewhere in the middle of June" coupled with "We all remember Bobby Kennedy was assassinated in June in California." To me, it's an odd pair of statements to give in response to a question that simply asked to respond about calls to drop out of the race.

To get to the main point that prompted this rather simple entry, would you still hire Hillary Clinton as president? I think the answer at this point is a resounding no. It has nothing to do with sexism or racism or ageism or whatever -ism these candidates feel like throwing on the public this week. I think examining it from an economic standpoint makes the most sense.

Clinton asked as a couple of weeks ago to "think about this as a hiring decision." Well, here's what she's brought to the table.

A year ago, despite Senator Obama was outraising her, Clinton still had a massive $30 million+ in her war chest. By the end of 2007, she had $100 million to spend on her campaign. 100 million. That's a lot of zeroes.

In May, Clinton has spent all that money and more. Her debt, through some magic of backdating, approximates $20.88 million
, which includes personal loans to herself. (Still not sure how you can loan yourself money, but she has figured out a way to do so within the bounds of the tax code). So in less than six months, she has spent more than $100 million?

What does she have to show for it? She's about to lose the primary election. Senator Obama has defeated the once-invincible Clinton machine (ignoring any Lewinsky jokes for the time being). Pride has a cost and it's price tag is $100 million. Now, obviously the numbers aren't so clear-cut, but if this was a publicly-traded company reporting such losses, the stock would tank and shareholders would be pissed.

Granted, many people live their lives spending more than they actually make. It's part of the reason behind this mortgage crisis. Even our country is run regularly in the red. But if you can't handle your own personal finances or hire someone to market or manage them for you, how can you present yourself as someone who can provide economic guidance and structure for the nation? Thank goodness she's not running to work at Goldman Sachs, or for whatever hedge fund that Chelsea works for.

I wonder what Carl Ichan would actually do in real life if Clinton was chairman of the board of the Clinton Corporation. Regardless, I'm more inclined to believe Warren Buffet when he says that our economy will weather whichever candidate emerges as the victor, but that he supports Obama. For now, that's who I remain convinced will be the only candidate who can defeat McCain.

I do have some preliminary thoughts if the race comes down to McCain v. Obama. My January prediction that an Obama-Clinton ticket is unlikely still remains true. I agree with Annie's comments that "If they do run together, I think it will be less of a successful ticket because they obviously hate each other." I also believe that at this point, having her on the ticket would inherently run counter to his campaign for change. We'll see what happens next. At the very least, you can't say the Clintons haven't kept this interesting with an apparently bottomless wallet.

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Thursday, May 22, 2008

American Airlines attempts to show that it's not going bankrupt by gouging passengers who wear excessive amounts of clothing, such as shirts

In the world of the ridiculous, American Airlines has decided that charging an extra $25 for a second checked bag is not enough to save them from inevitable bankruptcy and government takeover. In a rather pathetic attempt to "save money," the company has decided that if you check ANY bag, you're going to tip them $25 for the pleasure of doing so. What's next, charging for every piece of baggage you carry-on? See American Joins List of Airlines Charging for a Second Bag.

It's bad enough that all you get (if you're lucky) is a crummy mini-bag of stale pretzels/airline chex mix and, sometimes, a can of soda. I was on a four hour American Airlines flight a couple of weeks ago, and they actually ran out of the snack bags after handing out the first fifty. Their response? "You should complain to the website." Obviously the quality control of this company is up their with the clowns that ran Chernobyl. It makes me wonder if any merger with this company is possible. See How Bad Does it Have to Get Before American Airlines Does a Deal?

Is there anything passengers can do to stop this insanity? That's the most unfortunate part. Unless you are planning on flying Southwest, you're pretty much going to be screwed no matter which carrier you choose. In my experience, I've had bad flights with all major carriers, except Southwest. Maybe the rest of these companies should track their business model by temporarily alleviating long term fuel costs by locking in oil prices at the current $130/barrel for the next four or five years in order to save a bit on the end when prices jump even more astronomically. It's not a perfect solution, but it's something.

Or maybe we need to develop a more fuel efficient jet? Get on the ball Boeing, you're killing us.

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Tuesday, May 20, 2008

Paper money discriminates against blind

Well, I'm not going to comment on this too much other than to speculate that this sort of suit (a 2-1 D.C. Circuit Court of Appeals decision) will certainly be appealed to the U.S. Supreme Court at some point. See Paper Money Discriminates Against Blind; Court Rules U.S. Bills Discriminate Against Blind. The case (for now available here or here) is captioned American Council of the Blind v. Paulson, No. 07-5063 (D.C. Cir. May 20, 2008). The money line, so to speak, comes at the end: "We hold that the Council has demonstrated both the denial of meaningful access and the availability of facially reasonable accommodations that are feasible and efficacious, and that the Secretary has not demonstrated that implementation of every such accommodation would involve an undue burden." Id. at 33. The dissent makes a much more salient point: "The case is therefore not even close to being in the proper shape for reasoned appellate decision-making." Id. at 5 (Randolph, J., dissenting).

Next thing you know the blind are going to sue the Department of Transportation alleging that street signs are somehow discriminatory in case a blind person decides to get behind the wheel. Don't blind employees have some sort of bill reading machine that helps them read the denomination of the bill? See generally Karla Gilbride, Ourmoneytoo Disappointed In Government's Decision to Continue Court Fight On Tactilely Discernible Currency (2006); Barbara Cheadle, Aids for the Blind: Attitudes the Key (1984); Selective Placement Program Helps Blind, Visually Impaired Employees Be Independent. Perhaps I am being too critical.

Regardless, I'm not going to digest the technicalities of this opinion since anyone can read it and decide who was right before another panel or another court determines otherwise. I do find it sort of interesting how quickly the news jumped over this one. Somehow I don't see the Treasury redesigning bills any time soon, but maybe the true of effect of this opinion is to increase/raise awareness. I'm sure a future article on the topic will be written (at the very least by some reporter the next time an aspect of this case comes up).

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Thursday, May 15, 2008

Myspace suicides and same-sex marriages - and you thought the subway series was something to chatter about

Not that I have been following this case beyond the headlines, but I saw that the mother in this MySpace case where the mother posed as a 16-year old boy to pretend to be in love with a girl, which led eventually to the girl comitting suicide. See Mom indicted in deadly MySpace hoax. I can't figure out if the case is being brought in California or Missouri, but either way, I'm sure the news will keep this story afloat. We'll see how the appeals courts handle this one once the sensationalism of the facts gets fritted away.

Speaking of sensationalist cases, the Supreme Court of California gave Gov. Arnold his wish of letting the courts deal with the gay marriage issue and struck down the legislative ban against gay marriage in sunny CA as unconstitutional. See California Ban on Same-Sex Marriage Struck Down. While I will refrain from weighing in, mainly because I have not read the case (In re Marriage Cases can be found here), I think that it will open the door to whether other states can or cannot recognize the marriages which would be legal in one state but not recognized in others. Where this issue gets raised, the power (or perhaps limits) of the "full faith and credit" clause in this regard will be tested. Cf., e.g., Court Rules Against Same-Sex Divorce (RI Supreme Court denying a RI divorce to same-sex couples validly married in Mass.) with In First, N.Y. Judge Allows Gay Divorce (NY trial court permits divorce in NY of a lesbian couple married in Canada). Interesting times on both the west and east coast.


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Tuesday, May 06, 2008

Any former basketball player realizes the point when the game is over, so why can't Clinton do the same?

As promised, I have not bothered to spend much time thinking about this election since my numbers suggested that the delegate game and debate over who has a better shot of beating McCain has long been over. (I also note that at least one website has come up with similar projection numbers without any credit to anyone... and I remember seeing something similar on NBC a few weeks ago, which i can't find right now, but didn't give it much thought. I found another blog that seems to have the same prediction though). On that point, I figure it's only a matter of time before someone at CNN or Fox News analyzes why my projection estimates are any better or worse than theirs.

Anyway, the numbers, regardless of how Indiana ends tonight, simply don't favor Sen. Clinton. Although Clinton may have implicitly adopted Yogi Berra's "it ain't over till it's over" mentality, the shot clock has wound down and the likelihood of coming back from such a deficit is beyond arrogance. I liken her chances at this point to be about as good as a 15 seed upsetting a 2 seeds (and if Obama wins Indiana, a 16 seed over a 1 seed).

A basketball coach would tell his team to stop fouling at this point; someone should clue in Sen. Clinton that the time has come to start campaigning for her opponent. Who will it be and who does she want it to be may be two different things.

In a somewhat related piece of political humor, I thought the Limbaugh anecdote about President Clinton hitting on his date was sort of funny. See Limbaugh - Bill Clinton Hit on My Date (recounting when "[Clinton] came over three or four times. He had [entrepreneur and Democratic fundraiser] Ron Burkle with him and the mayor of Los Angeles . . . He [the mayor] was going on and on about how he loved me and had to talk to me and after about a minute of talking to the mayor of Los Angeles I glanced to my left and Bill Clinton’s face is three inches away from my date").


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Clerk bluebooking

What is interesting, at least to me (and only to a certain degree) is how different some of my co-clerks' styles are when it comes to the bluebook. Obviously it controls, but there are certainly liberties taken sometimes with how short cites, reference cites, books, typeface, parentheticals, etc. are used. I'm sort of surprised it isn't unified within the courts, but I suppose that would make for a very boring job if all one had to do all day was double check cites and make everything conform to the same system.

In the end, as long as I can figure out what or where the reference is coming from, I can judge for myself whether the sentence that was cited to is accurate or a little bit of a push. Of course, when the attorneys do it in their brief, and they cite to a west headnote page and not the actual page, that sort of mistake is not only infuriating, it makes me that less inclined to have any confidence in the explanation of why the judge did or did not make a bad ruling. Then I think to myself, if I'm just a novice at this and I can figure it out, is there that much overload in work that that person couldn't?

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Saturday, May 03, 2008

The Volokh Conspiracy almost has the correct plot script for Supreme Courtships

I saw on Above the Law a thread on Supreme Courtships, the show apparently about the lives and melodrama of this particular subset of clerks. I have written about this show twice before, including the pilot plot. See Fox Greenlights Supreme Courtships and Firms Bump to $35k and The Supreme Courtships Pilot Spoilers.

The Volokh Conspiracy has apparently similar thoughts and access to the pilot, although theirs does not seem as tempting to watch as the summary I was privy to be forwarded. See Hmm, I Wonder Why This Show Never Went Anywhere. The Greedy Clerks board also has a thread going on about the Supreme Courtships show.

So will this show ever hit the air? Post-writers strike, I suppose anything is possible. Maybe some clever 3Ls will spoof the series and put it on YouTube for the world to see. In the meantime, unless it becomes a pseudo-reality show like Beauty and the Geek, I am inclined to think that the networks will stick to knock offs of Law & Order and the Practice.

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Friday, May 02, 2008

Last night's Lost episode - best one this season

I haven't said much about Lost this season, not because I haven't been watching it, but because it just hasn't been that good. Last week's episode, The Shape of Things to Come, was decent, but overall bad (I thought). Last night's episode, however, Something Nice Back Home, started bridging a lot of these gaps that have been created in this season. I haven't not yet decided whether these gaps or the way the show has gone is good or bad, but at this point I feel that I've invested so much time into it that I may as well see it out. I can only hope it gets better in whatever remaining episodes are left.

Shows that have just sucked after the writing strike: My Name is Earl and The Office. It's almost as if these writers have felt the need to just abandon whatever character development had existed and just see how far they can take it before the numbers start dropping off. If you ask me, it's pretty childish. Maybe NBC will just fire them and start over.

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