I have only a few things left to do on my list of things that need to be done by Thursday or Friday, so it certainly continues to be busy as I get things ready for my replacement. And with Biden getting the surprise (sort of) nod for vice president, the news has been filled with plenty of things to keep me busy.
I'll only write briefly on an article that was on Above the Law the other day regarding Obama's economic plan. See The Obama Tax Plan. I always laugh at the comments people post on above the law (to the extent I even read them anymore), and my only comment regarding this particular article is the disclaimer at the end regarding the author: "Disclaimer / Disclosure: Since April, five weeks after I wrote the original ATL pieces, I have been doing unpaid volunteer work conducting research and interviews and writing memos for an adviser to the McCain campaign. I do not speak for the McCain campaign or for my day job employer."
Isn't it sort of funny that even ATL has succumbed to letting everyone chime in on the effects of a hypothetical tax plan that effects only a fraction of the population? Granted, I'm going to be in this tax bracket very soon as well, and admittedly haven't crunched the numbers myself, but give me a break. I have things to say about all of this, but no time to say them. Maybe someone will point out something I'm missing or not paying enough attention to with regard to these competing economic policies, which, to me anyway, seem fairly similar on the bottom line.
Back to work.
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Monday, August 25, 2008
One week to go in clerkship
Tuesday, August 19, 2008
Less than two weeks to go, and probably less if i use the last of my vacation time
It has been incredibly busy, which I still think is kind of odd, but mainly because I have been trapped with the school mentality that August is the end of summer where everything is comfortably slow, and I guess I'm just going to have to get used to the fact that the answer is "not necessarily."
I am certainly looking forward to getting this clerkship bonus, which should help cover some upcoming travel plans. In the meantime, I need to finalize my fantasy football draft and see if can improve again from last year's paltry finish. I can tell you one person that I won't be drafting this year, and that is Shaun Alexander.
And has anyone else noticed that the price of gas has dropped without anything fundamental changing besides consumer supply and demand? Interesting indeed. I do love how quickly the news has jumped from the headlines of "oil could be $300/barrel" or "pickens plan estimates oil to hit $200 by december" to "oil could be $65 by the end of the month" and other estimates which basically demonstrate without ambiguity that nobody understands this mess. At least in a couple months I will not have to worry so much about that particular expense.
Saturday, August 16, 2008
Right to privacy and strict constructionism
Sadly, I am doing work on a Saturday night with two weeks to go in the clerkship. In the background, I am listening to Pastor Rick Warren attempt to grill the candidates on various "hot button issues" at the Saddleback Civil Forum. See Obama and McCain Try to Woo Conservative Voters at Forum; McCain and Obama cite moral failures; O.C. Matchup Between Obama and McCain is a Prelude to Debates. There will be plenty of news on this that will continue to monopolize the news.
My point is with this, and this is a technical legal point. Maybe someone can enlighten me on how to reconcile it. The debate over the "right to privacy" appears to have settled into some sort of acceptance that it is part of the penumbra of rights contained in the bill of rights. From a strict constructionist perspective, however, the "right to privacy" is not in the constitution. So, how can you be for both without being fundamentally at odds?
I haven't given this much thought, and perhaps they can be reconciled, but this always seems to come up in the judicial nomination debate. I remain convinced that the general american public, and probably a significant portion of the legal profession, has no understanding of the politics that goes into this process. Nor do I think that most people (lawyers included) actually understand the nuances of strict constructionism versus the constitution as a "living, breathing document." In the end, the debate is pretty academic, but I cringe whenever I hear a non-lawyer (such as John McCain) or even a lawyer (such as Barack Obama) attempt to dumb it down for the general public.
Is there a solution to my legal conundrum or is it simply one for the academics and pundits to debate over?
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Olympic glory
Despite what I said earlier regarding the Olympics, and the various oddities that have emerged with the coverage (the lipsynching girl, the children used in the opening ceremony, the potentially forged passports of the gymnasts, among others), I have been watching most of the events at night, which has been taking a surprising amount of time. After watching Phelps's .01 second victory for gold number 7, I will be watching him go for the record 8th gold medal tonight, and I hope he gets it.
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Thursday, August 07, 2008
The site that purports to invite people to litigate
There are so many more pressing issues to write about, but I wanted to take a few minutes and write about this "who can you sue" website that has been over the news lately. I may have written about this idea earlier in the year, but my point with this report and "service" is more in what it does than what it does not. See Who Can You Sue? Click Here.
The concept of using this website to see if you have a worthwhile legal claim is a little more detailed than it seems to be, and something more than just a simple referral site. The article suggests that legal advice is actually given over the internet: "Wolfe maintains his service could just as easily help someone realize he doesn't have a case — or that, while they may have a legal claim, it won't generate enough money to interest an attorney to take it on." While it then decides to refer the "client" to someone in their jurisdiction, I just wonder about the unauthorized practice of law implications this site subjects itself to.
Then again, the site probably self-selects its target market (or the target market is self-selecting). I just wonder how many dopes are going to be roped into giving this site money to find out that they really don't have a case. I also wonder how many dopes are going to be led into thinking they have a suit, before an attorney from whatever jurisdiction they are referred to says otherwise. I tend to agree with attorney Richard Sharpstein's sentiments: "Our country's courts are clogged with unnecessary and frivolous lawsuits which delay, if not obstruct, the access to courts of people that really need to get there, that have serious legal grievances." I do acknowledge Prof. Lidsky's point that it is another potentially effective internet tool. Then again, they said the same thing about blogging, and look at all the white noise that has been created by that concept.
In the end, if you're foolish enough to check out a website instead of a local attorney, who probably could tell you a much better answer for the same price if not less, you deserve to have your money taken. Obviously if you have a case, you shouldn't need a website to tell you so. The close of the article makes the best point: "However, if you're looking to use the website to find a good lawyer, in most states you could do just as well by checking with the local bar association. In Florida, for example, lawyers can sign up for the state bar's referral system by paying a $125 membership fee, agreeing to charge clients only $25 for an initial 30-minute office consultation and guaranteeing $100,000 in liability insurance coverage."
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Tuesday, August 05, 2008
Less than a month of the clerkship to go
With what little time I have left in my clerkship, I must confess that I am going to miss it. I certainly recommend it to anyone, and I believe it's reasonable to assume that anyone who took a clerkship would agree that it's a wonderful experience. I've written about clerking a few times over the past few months, so here are some more thoughts about it.
I could write many things about it, and perhaps I will write more over the next month and between the time I start the new job, but I'll hit on the high points since now is the time people are probably getting their applications together to apply for clerkships to begin in fall 2009.
Over the course of your clerkship, and hopefully early on, you (the clerk) will start to get a feel for your judge and the way cases are handled in your court. The workload probably accelerates this effort. I found the best way to learn the writing style of the court (and more importantly, the judge) was to read carefully other opinions that had been written in whatever area I was covering. Not only did that give me a good idea for the law, it gave me a good idea of what facts were considered important and how they were presented.
After a dozen or so cases and probably as many weeks, you should become more comfortable in spotting the underlying issues that are really being debated within whatever area of the law is. This is usually more clear in criminal cases, since there are 50 state jurisdictions and over a dozen circuits (plus a supreme court) that have probably already answered the question, albeit perhaps in different ways. I was always pleasantly surprised when I saw a brief intelligently cite to how other jurisdictions or circuits have resolved or handled various issues, and obviously my role as a clerk was to attempt to synthesize them into some workable and easily read format.
After eleven months of dealing with various criminal issues, I am certain I can put together a brief that would either affirm or reverse any criminal conviction (depending on what side I am on), or at least cause the court some pause in going with the other side. (This last comment is a joke).
At the halfway mark, you should be able to spot whatever issue and gauge relatively quickly the merits of the case. Given the volume, you probably have already learned this, and if you've set your RSS feed to whatever decision the US Supreme Court (or your fellow clerks) have written, you should be well aware that current issues always crop up pretty quickly in unforeseen ways. At the very least, if you have the opportunity to analyze some newly created precedent (good or bad), why not use it?
By the end, however, you'll probably be pretty anxious to get started on learning the ropes at a job where your role is less of a neutral arbiter and more of an advocate. Chances are a lot of your habits will carry over, and you've gained a perspective that is valuable to whatever firm you've decided to go with. You'll also be pretty used to the government hours, and I would venture to say that it's fair to assume that's one nicety you won't be able to take with you.
I'm sure I have some other thoughts rolling around in my head about this, but that's enough for now. If any other clerk has something to add, feel free to comment away. I'll save thoughts on the clerkship bonus, some updated application thoughts, and what not for another day.
Friday, August 01, 2008
Too fit to be president? Has our country become this lazy or has the media through its 24-7 coverage?
This headline makes the article almost worth reading for its ridiculousness. See WSJ's Too Fit to Be President? Facing an overweight electorate, Barack Obama might find low body fat a drawback. Now there have been some poorly marketed commercials coming out of both sides lately, and the only effect it is having is on the mental acuity of the nation. But this article puts the icing on the cake.
Regarding the McCain ad comparing Obama to a celebrity like Paris Hilton and Britney Spears. I agree with the majority of pundits that this is a very unfocused commercial and sends out mixed messages. I'll not consult my marketing and advertising notes for the exact reason, but I'll simply make a conclusory statement that it's ineffective.
If anything, it's playing into the undercurrent of this campaign that McCain is cranky since it reminds me of something nonsensical that my grandfather would say when he didn't like something but couldn't quite articulate why. There's nothing wrong with opinion; I just see this one being irrelevant. On the other hand, we have become a gossip hungry society complete with voyeuristic tendencies, so maybe it's more effective than I think. On the other hand, if these celebrities haven't been hurt too monetarily by their shenanigans, I doubt this ad will fare any differently when it's all said and done.
Regarding this WSJ article, is it attempting to argue something along this logical premise? Americans are fat and overweight and have positive associations with being fat and overweight. Obama is not fat and overweight. McCain is fat and overweight. Therefore Amerians prefer McCain over Obama. If this is the case, it makes no sense. Yes, maybe all of us overeat and should be in better shape. Who better to look toward than the president to set an example for the rest of the country. I remember when the Clinton-Lewinsky scandal broke and thought how many children are going to hear this story and how it was going to affect their moral compass over the years to come. I'm beginning to think, even in my own case, it had a deeper psychological impact than I initially thought. But after eight years of having a president who ran on the concept "hey, he's someone I could have a beer with" (not that that was bad), maybe it's time to have a president who is not so buddy buddy and is going to take the business of bringing America back up to speed in this world market a little more seriously.
The true mark of leadership is that people are willing to follow because they want to and are inspired to, not because they are told to. Will either candidate's promises bear fruit? Probably not. But which candidate will inspire the next generation to chase after the American Dream? Right now I think there's only one. And his campaign is a little more focused and slightly less negative.
But maybe I'm overlooking something. I'll think about it as I am working out.
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