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Posts by middie

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  • Vandy Prof: Split up the 9th Circuit, Cut Down the Wackiness

    08/01/2007 1:26:47 PM PDT · 14 of 14
    middie to Natty

    I’ve been in a lengthy trial away from FL in a distant state and 100% consumed with that endeavor. To answer your question: the 9th Cir has some brillant judges and have often been out front of the remainder of the judiciary and the Supremes. Is their performance acceptable? Of course it is, that’s why we have a Supreme Court that is not last because they’re correct, but correct because they’re last. The circuit courts are there to apply their best interpretation of either the statute or common law principle at issue. It’s a collective wisdom at work and the panel —or even the en banc court— is bound to apply the precedents from the 9th and the Supreme, however wrong or erroneous they may be. I do not agree that courts, even the newly constituted Supreme Court, engages in a result oriented approach to the cases they consider. There’s no doubt that the 9th, just as the new Supreme Court, is comprised of jurists whose view of the law follows a more-or-less consistent interpretive methodology. But I will never believe that any appellate judge approaches a case and record with a predisposition; not even the equally different judges of the 5th circuit who are just as predicable at the end of the spectrum opposite from the 9th. None of them are corrupt or evil in their orientation that arises from their background and experiences in the practice or on an inferior court when dealing with the broad array of cases and legal doctrines that come before the courts. The same is true of the Supreme court at any time in its history. A study of the Supreme in several subject, the antitrust statue comes to mind, illustrates precisely what I said here. The same is true with respect to labor law, consumers and the entire cross-section of legal disciplines.

  • House Democrats Denounce Cheney's National Security Exemption

    06/22/2007 9:42:29 AM PDT · 4 of 18
    middie to gov_bean_ counter

    Cheney is a national disgrace. Respect for the law? Follow the exec. order of the pres.? Only if convenient.

  • Federalist Approach to Malpractice Abuse [THE FRED THOMPSON REPORT]

    06/21/2007 1:56:42 PM PDT · 6 of 56
    middie to griswold3
    This truism will probably not resonate here to a group predisposed to believe the myth promulgated by the insurance industry but here is the truth; like it or not. Lawyers and law suits do not have any measurable effect on the insurance premiums chosen to be charged by insurance companies. Doctors are not driven from any place because of what lawyers do. Both of those declaratory statements describe mythical devices created and disseminated to cause precisely the furor at evidence on this site.

    Insurance companies have learned the fine art of laying off their mortgage losses, poor corporate management performances and generally finding a rational sounding, but false ploy to raise rates. The crisis is a self-catalytic device that is roughly analogous to the old party game of telephone where each person whispers a given tale in the next person's ear only to have it emerge at the end of the line divorced from the beginning reality.

    It has obviously been effective and has exceeded the desired propaganda success that even Herr What's-his-Name had back in the 30s and 40s in you know where on another subject. So, knowing that there is no dissuasion of folks here who dearly love to hate the legal profession (until they need a lawyer to save their arse or protect their rights), I'll simply leave it at that if only to get the truth into the rancid air of insurance industry deceit.

  • McCain's Obsession

    06/20/2007 1:52:08 PM PDT · 11 of 32
    middie to Patrick1

    John McCain has been a friend ever since the academy. But, I could not further support him, as I have done since his first political race, because of his irrational, dogged stance on the terrible amnesty alien bill. He refuses to revisit the issue taking into account the overwhelming objections of the American people, not to the concept, but to the horrible specifics of a bill drafted in secret and thrust upon the public upon the assumption of rote acceptance and meek acquiesence. He’s normally a reasonable fellow, at least with his friends, and I hope to not lose his friendship after all these years. I doubt that I will.

  • Pedophiles would be banned from living in 90 percent of Fort Lauderdale under proposal

    06/20/2007 12:29:43 PM PDT · 7 of 15
    middie to Baladas

    Such an ordinance would carry a lot of political “atta boy” “nice try” stuff but it would without doubt be unconsitutional.

  • Universal Health Care the 'Ultimate Prize' for Liberals

    06/19/2007 1:36:22 PM PDT · 18 of 45
    middie to Brilliant

    The truth is that it is self-destructive to continue with the present dysfunctional system as driven by HMOs, healthcare insurance companies and pharmaceutical companies whose interests are not oriented to either public health or a healthy society at all levels. Their continuation as the force behind the delivery of healthcare will ultimately result in becoming a leading component in the evolution of our society losing its middle class characteristic and taking on the nature of a Third World African or Central American division of the very wealthy and everyone else.

  • Judge suspends Nifong, proceeds with request to remove him

    06/19/2007 1:22:56 PM PDT · 38 of 39
    middie to RacerF150

    The governor exacted a promise from him for the interim appointment that he wouldn’t run in the general election. He deceived the governor who could nothing about it. Revenge is much sweeter cold....Now the governor can take solace in the self-governing bar cleaning its own house and the judicial system crushing the lout and tyrant.

  • Judge suspends Nifong, proceeds with request to remove him

    06/19/2007 1:18:14 PM PDT · 37 of 39
    middie to surely_you_jest

    So long as the immune amount is definitive or, in legal terms, liquidated, its protected characteristic remains even though, money being fungible, it is intermixed with non-immune funds. Again, the homestead amount in cash rather than property. The protected fund can even be dissipated and be treated as an immune credit if new cash replaces it.

  • Judge suspends Nifong, proceeds with request to remove him

    06/19/2007 11:53:04 AM PDT · 35 of 39
    middie to surely_you_jest

    Nope. The proceeds of a fund of money that is immune from attachment at the initial point along its line of receipt is free from attachment at all points. Eg: the proceeds from the sale of a home that was homestead does not lose its protected status of being free from execution in those states, like Florida, where a person’ homestead is immune. The fund of money merely substitutes for the property.

  • Judge suspends Nifong, proceeds with request to remove him

    06/19/2007 11:49:22 AM PDT · 34 of 39
    middie to DemEater

    Hey, I thought lawyers are unremittingly hated by everyone but me and Clarity on FR. Now there seems to an ironic phrase here for some of us.

  • Judge suspends Nifong, proceeds with request to remove him

    06/19/2007 11:46:18 AM PDT · 33 of 39
    middie to mware

    There can be no crime unless and until there is a charge, either and indictment of a prosecutorial information (a discretionary charge), followed by a trial or plea to a crime and the adjudication of guilt and the affirmation of such by an appellate court. That’s is how our criminal justice system, and that of all civilized western, common law countries operates. Sure there’s evidence that a prosecutor could assemble to make out a criminal offense. But unless and unless that’s done there’s-no-there,-there.

  • Judge suspends Nifong, proceeds with request to remove him

    06/19/2007 10:01:32 AM PDT · 18 of 39
    middie to mware

    A crime is an offense that’s either statutory or prohibited under common law and recognized. Nifong’s conduct, as reprehensible as it was, is not a crime. He can be sued if he doesn’t have prosecutorial immunity, which I think he probably does but there is no crime in the facts I’ve seen and I’ve followed this closely from a professional interest. Whether one can profit from a ‘’crime’’ is not even in the picture here nor is it on the horizon.

  • Judiciary Chairman Says Court Nominee Will Not Get Out of Committee

    06/17/2007 8:24:46 PM PDT · 24 of 26
    middie to livius

    Don’t make a big thing of the fact that I’ve been around a long time in government service and the bar and have friends with whom I exchange stuff daily. From time to time someone has a bit of information to share. There’s no condidential sources and no intrigue. If there were I sure a hell wouldn’t post anything here of that nature.

  • Sellersburg man arrested for alleged spanking

    06/17/2007 9:19:07 AM PDT · 47 of 121
    middie to montag813

    In raising our boys, a good part of which I was in places far away, she chose a system whereby the miscreant had to go outside and selct a ‘’switch’’ (a southern term for a narrow tree or schrub branch) for his own disciplinary whack. I mom wasn’t satisfied, the number increased until he chose one of appropriate length and thickness to enable her to adjust the punishment to fit the crime.

  • Judiciary Chairman Says Court Nominee Will Not Get Out of Committee

    06/17/2007 9:10:57 AM PDT · 7 of 26
    middie to MinuteGal

    One serious problem with Bush’s second term district and appellate court nominations is that somehow he manages a way to put up mediocre lawyers who are academically undisdinguished, manifestly partisan and, in several instances, committed to a predisposed outcome in specific type cases. While admittedly hearsay, but from sources I would trust, comes a report that his selection committee exacts a personal promise from potential nominees that in certain types of cases yet to come before the court, the nominee will favor the administration’s perspective of the preferred outcome. Like the polititization of U.S. attornies, who are supposed to be the voice of a fair and impartial justice system, such a practice contains the foundation for destroying the public trust in the objectivity and impartiality of the judicial process. If true, that is a very disturbing concept and should be exposed and strongly opposed.

  • The incredible shrinking Haditha case

    06/16/2007 10:24:38 PM PDT · 44 of 47
    middie to xzins

    I believe the convening authority can reject the Article 32 investigating officer’s recommendation and have it done again. Since I wasn’t a JAG on active duty I’m not sure of that but as deputy to a convening authority I recall something like that. If he has the authority to do so I’d bet it’s rarely used, so a negative Art. 32 report will probably end that case.

  • T.O. (Toronto) announces campaign to attract gay tourists (in an obscene way)

    06/16/2007 10:15:38 PM PDT · 32 of 44
    middie to cripplecreek

    My house on Long Point/Port Rowan in Southern Ontario is about 2 hours by expressway to Toronto. Ballgames there are fun and the reataurants excellent and the Canadian Forces guest house on the lake a pleasant place to stay. It’s s damn shame to litter the town with this sort of promotion and its consequences.

  • Antioch announces it will close in July 2008

    06/16/2007 10:08:57 PM PDT · 11 of 20
    middie to vox humana

    I think that’s too bad. The school provided an outlet for some admittedly differently oriented political literature and spokespersons, but morre dissenting speech, not less, it good for the dialogue and keeps the debate intellectuall focused, albeit oftentime heated. Never been there but I have met some of the school’s graduates and enjoyed listening to their views. And, not their grads are coo-coo nutcases, some articulate their positions well. It may be a misguided position to be sure, like some of the total disarmament discussion of the 1920 & 30s as the European and Asia threat grew, but a well argued erroneous position can be countered with equally well argued sense.

  • Man who fed puppy to boa gets 90 days in jail

    06/16/2007 9:58:33 PM PDT · 55 of 105
    middie to Viking2002

    He did that stupid trick knowing he’s end up in Joe Arpio’s jail? His time should have included a sentence for abject stupidity. That crazy-ass sheriff has the right idea of incarceration as a deterrent for repeating a crime in Maricopa County. He violates every jail standard enacted by the national council for that sort of stuff according to a young criminal lawyer in our building; to which I say: bravo.

  • Iraq Contractors Face Growing Parallel War

    06/16/2007 9:50:31 PM PDT · 7 of 11
    middie to Americanexpat

    What in the wild, wild world of crap happened? Sorry, A guest spouse of someone from my wife’s office, I found out, got to my computer that was left on in my library while I was down at the waterway fixing a tiedown. I just saw what was posted and the other one too just a few minutes ago after everyone left our little shindig. I know the guy and will shake him up next week when I see him. He’s nut case with no discernable affiliation but does enjoy making dust like this. Hell, I’ve got a nephew working for some black ops contractor. Again, my apologies.....