"Behind every strong successful man lies a surprised woman."
Sarah Palin speaking of John and Cindy McCain at a rally with John & Cindy.
March 26, 2010
"Some have argued that had Abdulmutallab been declared an enemy combatant, the government could have held him indefinitely without providing him access to an attorney. But the government's legal authority to do so is far from clear. In fact, when the Bush administration attempted to deny Jose Padilla access to an attorney, a federal judge in New York rejected that position, ruling that Padilla must be allowed to meet with his lawyer.
"Notably, the judge in that case was Michael Mukasey, my predecessor as Attorney General. In fact, there is no court-approved system currently in place in which suspected terrorists captured inside the United States can be detained and held without access to an attorney; nor is there any known mechanism to persuade an uncooperative individual to talk to the government that has been proven more effective than the criminal justice system."We concur.
a bona fide office is a place where clients are met, files are kept, the telephone is answered, mail is received and the attorney or a responsible person acting on the attorney’s behalf can be reached in person and by telephone during normal business hours to answer questions posed by the courts, clients or adversaries and to ensure that competent advice from the attorney can be obtained within a reasonable period of time. [R. 1:21-1(a).]
"attorney who is out of the office during normal business hours does not violate the bona fide office rule provided the absence from the office is occasional and the attorney is otherwise reachable by telephone, email, or the like. If the attorney is regularly out of the office during normal business hours, then a responsible person must be present at the office."
That large heartedness -[
that compassion] - that concern and regard for the plight of others is not a partisan feeling. It is not a Republican or Democratic feeling. [ It is the same feeling I had when Sasha contracted meningitis at three months old, or when I watched my mother on her last day. All of us have had that experience and so all of us, despite our disagreements, must work to help those going through it now. For that] It, too, is part of the American character [ of our country] -- our ability to stand in other people's shoes[,]. A recognition that we are all in this together, and when fortune turns against one of us, others are there to lend a helping hand; a belief that in this country, hard work and responsibility [ to family and community and country] should be rewarded by some measure of security and fair play; and an acknowledgment that sometimes [ only a] government [ can ensure] has to step in to help deliver on that promise.
|SawStop brings table saw blades to a halt|
|Major Provisions||Senate Bill||Massachusetts Bill|
|Standard Benefit Package||Yes||Yes|
|Prohibits Insurance Company From Canceling Coverage||Yes||Yes|
|Bans Denying Medical Coverage For Pre-existing Conditions||Yes||Yes|
|Medicare Cuts||Yes||No Authority|
|Cap On High-Cost Plans||Yes||No|
As in previous years, citizens did not have the right to change their government. The People's Republic of China (PRC), with a population of approximately 1.3 billion, is an authoritarian state in which the Chinese Communist Party (CCP) constitutionally is the paramount source of power.
The government's human rights record remained poor and worsened in some areas. During the year the government increased the severe cultural and religious repression of ethnic minorities in the Xinjiang Uighur Autonomous Region (XUAR).Tibetan areas remained under tight government controls. The detention and harassment of human rights activists increased, and public interest lawyers and law firms that took on cases deemed sensitive by the government faced harassment, disbarment and closure. The government limited freedom of speech and controlled the Internet and Internet access. Abuses peaked around high-profile events, such as the 20th anniversary of the Tiananmen Square uprising, the 50th anniversary of the Tibetan uprising, and the 60th anniversary of the founding of the People's Republic of China.The Information Office of the State Council of China, not to be outdone, has issued its own report "U.S. Human Rights Record 2009". It is a long list of laments gathered from conventional sources: our high crime rate and lack of personal security, racial disparities, high rates of incarceration, unemployment, poverty, health care deficiencies and the like. All true and all largely irrelevant to the American view of what is wrong with China.
“In quasi-criminal matters, basic rights of criminal defendants are protected and certain principles of criminal procedure are followed, such as the burden of proof beyond a reasonable doubt, presentment in the name of the State, prohibition against double jeopardy, and the like.”
"recognizes that the potential conflict addressed by RPC 1.5(d)(2) is not present in many municipal court matters and the Rule may be fairly criticized as overbroad. Accordingly, the Committee has invited the Supreme Court, in its administrative capacity, to evaluate this Rule and consider whether a revision would be appropriate. "
“ If an attorney gets paid only if she obtains an outright acquittal or dismissal of all charges, she may experience a conflict of interest when faced with a plea bargain: her client might be better off pleading guilty to reduced charges, but the lawyer will lose her fee if he does. Similarly, at trial, if the attorney asks for instructions on lesser-included offenses, her client may avoid conviction on the top count, but again she will lose her fee.” [Karlan, P., Contingent Fees and Criminal Cases, 93 Colum. L. Rev. 595, 611 (April 1993)].
“[T]he contingent fee provides the flip side to the danger of compromised representation in flat-fee cases. There, the attorney faces an incentive to pressure her client into an early plea even when it is not in his best interest. Here, by contrast, she faces an incentive to pressure her client into going to trial and gambling on an outright acquittal even when it is not in his best interest. Again, there is nothing uniquely disadvantageous about a contingent fee; if the perverse incentive created by flat fees fails to justify a per se ban, then it is hard to see why the perverse incentive created by contingent fees justifies one.
Moreover, it is entirely possible to imagine contingent-fee arrangements that do not increase the danger of compromised representation. For example, a client might agree to provide his lawyer with a bonus if charges are dismissed prior to indictment, if he is not convicted on the top count, or if he receives a non-jail sentence. Contingent bonuses thus can serve to combat the countervailing incentive flat fees might otherwise create.”
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|Exclusive - Marc Thiessen Extended Interview Pt. 1|
11 U.S.C. 526 (a) (4) forbids advising someone to take on more debt in contemplation of bankruptcy. But that could bar advice to a client to prudently buy a reliable car - to get to work, or to refinance a mortgage at a lower rate to pay off credit card debt. Such considerations led the 8th Circuit to find a constitutional violation, citing Erwin Chemerinsky, Constitutional Issues Posed in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 79 Am. Bankr. L.J. 571, 579 (Summer 2005).
(1) Do provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act regulating attorneys’ advice to clients and mandating certain advertisement disclosures violate the First Amendment? Milavetz, Gallop & Milavetz, P.A., et al. v. United States, 541 F.3d 785 (8th Cir. 2008)I am pleased to report that the decision is pretty close to my prediction, which was
1) NO. 11 U.S.C. 526 (a) (4) prohibits only pre-filing borrowing that is intended to defraud creditors, not, for example, refinancing a loan in order to reduce interest rates on debt preparatory to filing a plan of reorganization under Chapters 13 or 11.
After reviewing these competing claims, we are persuaded that a narrower reading … is sounder, although we do not adopt precisely the view the Government advocates. The Government's sources show that the phrase “in contemplation of” bankruptcy has so commonly been associated with abusive conduct that it may readily be understood to prefigure abuse. …[W]e think the phrase refers to a specific type of misconduct designed to manipulate the protections of the bankruptcy system … [and] conclude that [it] prohibits [an attorney] only from advising a debtor to incur more debt because the debtor is filing for bankruptcy, rather than for a valid purpose..
OBJECTIVE: Although there have been case reports suggesting a relationship between treatment with the acne medication isotretinoin and the development of depression and suicide, this topic remains controversial. In order for isotretinoin to cause depression, it must have an effect on the brain; however, the effects of isotretinoin on brain functioning in acne patients have not been established. The purpose of this study was to assess the effects of isotretinoin on brain functioning in acne patients. METHOD: Brain functioning in adults was measured with [18F]fluorodeoxyglucose positron emission tomography before and after 4 months of treatment with isotretinoin (N=13) or an antibiotic (N=15). RESULTS: Isotretinoin but not antibiotic treatment was associated with decreased brain metabolism in the orbitofrontal cortex (–21% change versus 2% change for antibiotic), a brain area known to mediate symptoms of depression. There were no differences in the severity of depressive symptoms between the isotretinoin and antibiotic treatment groups before or after treatment. CONCLUSIONS: This study suggests that isotretinoin treatment is associated with changes in brain functioning.Industry-oriented critics, like the blogger/neuroloigst Barbara Martin at Pathophilia, find that such evidence presents a "disturbing" conflict of interest. But the the Appellate Division of the Superior Court of New Jersey in Palazzolo v. Hoffman LaRoche last month held that such testimony may be admissible to prove "general causation" - that the drug may play a role in causing depression.