Wednesday, February 1, 2012

Texas All Republican Supreme Court Sides Against Consumers In 4 Out of 5 Cases





Spent most of the day by the phone waiting for Facebook to call my law firm for help on their $5 Billion public offering tomorrow.    I KNEW we should not have put it on answering machine when we went to lunch.


I've been so busy lately, but finally finished verifying. The sheets are really only 790 thread count.


And the Austin County Bar Association continues to grow:

I have been contacted by 3 prospective new members this week:

Blake Deady
Jennifer Michalik
Major Adams

Please welcome them to the Bar

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Report: Texas Supreme Court  (All Republicans) Sides Against Consumers In 4 Out of 5 Cases

Last August, ThinkProgress highlighted a Texas Watch report showing that the Texas Supreme Court “sided with consumers in 27 percent of cases involving an individual against a corporation or government agency — and itreversed jury verdicts in 72 percent of cases.” A new report by that same organization shows that the court’s favoritism towards corporations is now even worse:
Over the course of the decade, we have reviewed 624 consumer cases, carefully categorizing and compiling win-loss rates, with the scope of these consumer cases encompassing instances where individuals, patients, policyholders, and small business owners were pitted against corporate or governmental entities. . . . On average, defendants have won an overwhelming 74% of their cases and plaintiffs have won just 22% of the time over the last decade. Furthermore, since 2005, consumers have lost an astonishing 79% of their cases before the Texas Supreme Court.
The report also notes that a major factor driving this trend is Gov. Rick Perry (R), whose appointees to the court consistently sided with corporations over people. Indeed, the “win rate” for corporate and other defendants skyrocketed shortly after Perry took over as governor:

Editor: Note "REVERSED JURY".  Makes you wonder why bother? People don't count any more, just government and big business (insurance companies)

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CRIMINAL JUSTICE

Dentist Gets 1 Year for Using Paper Clips in Root Canals and Other Medical Fraud

Jan 30, 2012, 01:57 pm CST

EDUCATION LAW

School Backs Off Claim that Playground Touching by 6-Year-Old Was Sexual Assault

Jan 30, 2012, 09:00 am CST


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Oprah.com
HOT TOPICS: Advice for aspiring writers  |   11 books you never expected to love  |   Poems that get you through hard times

17 Books You Can't Miss This Month
January 31, 2012
17 Books You Can't Miss This Month
This month on our bookshelf: a riveting look at life in a Mumbai shantytown, a retelling of Charlotte Brontë's classic novel and more.





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  IT CAN BE HARD KEEPING A STRAIGHT FACE  AS A COURT  REPORTER...

These are from a book called Disorder in  the American Courts, and are things people actually  said in court, word  for word, taken down and now published by court reporters that had the torment  of staying calm while these exchanges were actually taking  place.

ATTORNEY: What was the first thing your husband said   to you that morning.
WITNESS:     He said , "Cathy,  where am I" ?
ATTORNEY:  And why did that upset you?
WITNESS:      My name is   Susan!
____________________________________________

ATTORNEY:    What gear were you in at the moment of the impact?
WITNESS:       Gucci sweats and   Reeboks.
_________________________________________________________

ATTORNEY:    Are you sexually active?
WITNESS:     No , I just lie   there.
____________________________________________

ATTORNEY:   This myasthenia gravis, does it affect your memory at all?
WITNESS:       Yes.
ATTORNEY:  And in what ways does it affect   your memory?
WITNESS:     I forget..
ATTORNEY:  You   forget?  Can you give us an example of something you   forgot?
___________________________________________

ATTORNEY:    Do you know if your daughter has ever been involved in   voodoo?
WITNESS:     We both do.
ATTORNEY:    Voodoo?
WITNESS:     We do.
ATTORNEY:  You   do?
WITNESS:     Yes ,   voodoo.
____________________________________________

ATTORNEY:    Now doctor , isn't it true that when a person dies in his sleep ,   he doesn't know about it until the next morning?
WITNESS:  Did  you actually pass the bar   exam?
____________________________________

ATTORNEY:  The   youngest son , the 20-year-old , how old is he?
WITNESS:       He's 20 , much like your   IQ.
___________________________________________

ATTORNEY:   Were you present when your picture was  taken?
WITNESS:      Are you kidding   me?
_________________________________________

ATTORNEY:    So the date of conception (of the baby) was August  8th?
WITNESS:      Yes.
ATTORNEY:  And what were you  doing at that  time?
WITNESS:     Getting   laid
____________________________________________

ATTORNEY:    She had three children , right?
WITNESS:      Yes.
ATTORNEY:  How many were boys?
WITNESS:     None.
ATTORNEY:   Were there any girls?
WITNESS:      Your Honor, I  think I need a different attorney. Can I get a new   attorney?
____________________________________________

ATTORNEY:    How was your first marriage terminated?
WITNESS:       By death..
ATTORNEY:  And by whose death was it   terminated?
WITNESS:     Take a   guess.
____________________________________________

ATTORNEY:    Can you describe the individual?
WITNESS:     He was   about medium height and had a beard
ATTORNEY:  Was this a male   or a female?
WITNESS:     Unless the Circus was in town I'm   going with  male.
____________________________________________

ATTORNEY:   Is  your appearance here this morning pursuant to a deposition  notice which  I sent to your attorney?
WITNESS:  No, this is how  I dress when  I go to  work.
______________________________________

ATTORNEY:   Doctor  , how many of your autopsies have you performed on dead   people?
WITNESS:     All of them.. The live ones put up too   much of a   fight.
_________________________________________

ATTORNEY:    ALL your responses MUST be oral , OK? What school did you go   to?
WITNESS:       Oral...
_________________________________________

ATTORNEY:    Do you recall the time that you examined the body?
WITNESS:      The autopsy started around 8:30 PM
ATTORNEY:  And  Mr.  Denton was dead at the time?
WITNESS:     If not , he  was  by the time I   finished.
____________________________________________

And   last:
ATTORNEY:  Doctor, before you performed the autopsy,   did you check for a pulse?
WITNESS:     No.
ATTORNEY:    Did you check for blood pressure?
WITNESS:       No.
ATTORNEY:  Did you check for breathing?
WITNESS:       No..
ATTORNEY:  So, then it is possible that the patient   was alive when you began the autopsy?
WITNESS:       No.
ATTORNEY:  How can you be so sure, Doctor?
WITNESS:       Because his brain was sitting on my desk in a   jar.
ATTORNEY:  I see, but could the patient have still been   alive, nevertheless?
WITNESS:     Yes, it is possible that  he could have been alive and practicing  law.  

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laurel:


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Wyoming 19-year-old fined $200 for doughnut theft
Criminal Justice student...what was he thinking???




AZ inmate arrested for refusing to leave lockup
Ain't government  and humanity grand.  Arrested for refusing to leave jail????


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silvia:



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Sensenbrenner: U.S. System Needs More Mandatory Prison Sentences

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Some Republicans want to overhaul federal sentencing and bring back more mandatory prison terms to bring more order back into the process, says NPR. "A criminal committing a federal crime should receive similar punishment regardless of whether the crime was committed in Richmond, Va., or Richmond, Calif., and that's why I am deeply concerned about what's happening to federal sentencing," said House Crime Subcommittee chairman James Sensenbrenner (R-WI).
Since the Supreme Court acted in 2005 to make the sentencing guidelines advisory - not mandatory - Sensenbrenner said, judges in places like New York City have imposed sentences below the guideline ranges almost half the time. Judges only a few hours further north in New York are still following the guidelines. Former prosecutor Matt Miner, who has served as GOP congressional aide, says, "We have a federal system. There should be consistency not just in the same courthouse and on the same floor or district by district but across the country, and we're failing in that." Douglas Berman, a law professor and sentencing expert at Ohio State University, said, "The way you make sure the guidelines get due respect is to make them respectable."









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Last week, Elie derisively noted that legal blogs were pushing a silly story in U.S. News about great careers that you can pursue with a law degree. No matter how bad legal hiring gets, law schools like pushing the “you can do anything with a law degree” angle, based on the anecdotal evidence of those who were lucky enough to parlay their J.D. degrees into something non-legal. Obviously, Elie’s got some anecdotes of his own. But here’s a job, a real live job, that’s actually being offered to law students as we speak (or type). If you really want to know “what you can do with a law degree,” take a freaking look….

Harvard Law School graduate and former Sidley associate, David Otunga, has been flexing his muscles in the ring since 2008, but our tipsters were unimpressed, noting, “From Harvard Law School to I Love New York to the WWE. Unfortunately the next stop is probably porn.” Well, sorry to disappoint you, but Otunga hasn’t signed up for his porn industry debut just yet. Instead, he took a momentary break from wrestling to make his return to the courtroom….

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Posted: 31 Jan 2012 12:00 PM PST
(Eugene Volokh)
The Daily Mail (UK) reports:
Two British tourists were barred from entering America after joking on Twitter that they were going to ‘destroy America’ and ‘dig up Marilyn Monroe’.
Leigh Van Bryan, 26, was handcuffed and kept under armed guard in a cell with Mexican drug dealers for 12 hours after landing in Los Angeles with pal Emily Bunting.
The Department of Homeland Security flagged him as a potential threat when he posted an excited tweet to his pals about his forthcoming trip to Hollywood which read: ‘Free this week, for quick gossip/prep before I go and destroy America?’ …
Leigh was also quizzed about another tweet which quoted hit US comedy Family Guy which read: ’3 weeks today, we’re totally in LA p****** people off on Hollywood Blvd and diggin’ Marilyn Monroe up![']
New York Times blog post suggests the story is indeed correct, and quotes a Customs and Border Protection response that seems to acknowledge at least some details.
If the facts described in these stories are correct, this strikes me as a pretty unsound decision on the government’s part. To be sure, the government has broad authority to exclude people from the country, even based on their speech — see Kleindienst v. Mandel (1972) — and the authority would be properly exercised for people who really do seem to be threats. But I don’t see the reported Twitter messages as being an adequate basis (again, if they were the extent of the basis) to justify the government’s decisions here. Likewise, while I realize that when someone is excluded from the country they have to be held somewhere until they can leave, locking them up with people who likely genuinely are serious criminals strikes me as improper treatment.
UPDATE: I erroneously faulted TSA for the actions here — the agency involved was Customs and Border Protection, which is also part of the Department of Homeland Security. My apologies for the error, and thanks to commenter Decius for the correction.

Editor: Big waste of U.S. energy and uncalled for flex of muscle directed toward wrong people.  In short, we look stupid.
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February 2012 Newsletter

February 13th - 6:30-9:00 pm
South Montgomery County Community Center
2235 Lake Robbins Road

Our Speaker This Month
Frank Farese ~ Texas Wildlife Photography


Frank's photography background began in the black and white dark room during his high school days, and was honed shooting slides for years with its 2 stop unforgiving limitations. He started employing a photojournalistic style and still does today with his nature and avian photography, preferring the grab shot walk-about or little-sit in a remote setting doing studies of behavior and especially birds in flight.
"The more I learn about birds, the more my bird photography improves-the one guaranteed secret to enhancing bird photography-love and learn birds."
Frank took Ornithology while working on his Biology Degree. This proved to be a gift for a lifetime as he thoroughly enjoys being a 'birder' and being out in the many local bird sanctuaries, state parks, wildlife refuges, and at the coast. Kleb Woods Nature Preserve continues to be his favorite local spot. He has made many friends from participating in bird walks at Kleb, and with the Ornithology Group & Texas Ornithology Society seminars, field trips and workshops. Frank tries to give back with a bit of volunteering, which has been tremendously rewarding. Recently, he has also provided bird photos to two local area State Parks for their interpretive displays.

Reminder:

It's the beginning of another year and that means we all must pay our dues! Membership prices are the same as before.
To participate in the club field trips and workshops you must be a member. Join or renew your membership - $25 Single, Family $35, Student $15
Please note we have a new policy regarding dues! Membership dues paid after the Fall Contest will now include membership for the following year!
Registration Form can be found on the club's website - Here
Mailing Address:
The Woodlands Photography Club
PO Box 9183
Spring, TX 77387

President Needed for 2012

A big thank you goes out to Dennis for filling the role of Field Trip Coordinator!
We still have need for a President for 2012! Please talk to any of the board members if you are interested in this position.

Field Trips 

Check out the shooting opportunities in the Events section below! Two great chances to get out and use your camera!

Workshops

Photo 101 Workshop

Date: Saturday, March 31st
Location: Community Center - Craft Room
Time: 9-2 PM
Cost: $20

The wonderful Pam Moore will be instructing our Photo 101 workshop. During this workshop, we will be discovering how the camera works to get those magnificent images we all aspire to capture.
We will look at how the aperture, shutter speed and ISO work together to control the light entering the lens.
If you are awed by images in magazine that have the sharp subject and fuzzy background, you will learn the secret to achieving that effect. We will explore back lighting, selective focusing, depth of field, stopping motion, and color temperatures.
Bring your camera and manual. This will be a totally hands on workshop. Bring your questions. Be prepared to practice what you learn as we venture outside and capture the world around us. Be prepared to be amazed at what your camera can do when you know what buttons to push. Be prepared for your next adventure into the world of photography.
Sandwiches, chips and water will be provided for lunch. This is a great opportunity for hands on learning about how to better use your camera! There is a maximum of 20 people for this workshop so sign up and pay at our next meeting to reserve your spot!
Please Note: This class is located in one of the smaller rooms at the Community Center, not our monthly meeting room.

Macro Workshop

Date: Saturday, August 18th
Location: Community Center
Time: 9:30-3:00 PM
Cost: $40
Join Kathy Adams Clark for a day long, hands on Macro Workshop. A variety of work stations will be set-up around the room. Some subjects will be supplied, but participants are encouraged to bring flowers, scarves, and small objects. All participants need to have a camera with adjustable f/stop and shutter speed along with a tripod. Additional equipment such as a flash, reflector, release/remote release, close-up diopter, and/or extension tubes make the workshop a lot more fun. Please bring camera manual, flash manual and extra batteries to the workshop.
Lunch will be provided. There is a maximum of 20 people at this workshop so sign up quickly!

Events

Conroe Cruisers Car Show

Date: March 31st, April 1st
Location: On the square in downtown Conroe
Time: 10:00 - 3:00 PM Saturday
10:00 - 2:00 PM Sunday
Cost: Free
Join the Conroe Cruisers for their 20th Annual Spring Classic Kickoff Car Show. There will be 1st and 2nd place prizes in 28 classes, including Best Paint, Best Engine, Best Interior, Best of Show Car, and Best of Show Truck.
This will be a good event to come and go as you please. The best time for photos will be between 10 and 2 while the judging is taking place. Everyone will have their cars in tip top shape!
Check out the Conroe Cruisers website for more information.

34th Annual Corvette/Chevy Expo

Date: February 11-12
Location: George R. Brown Convention Center, Hall A
Time: 9:00 - 7:00 PM Saturday
9:00 - 6:00 PM Sunday
Cost: $15 Adults, Children 12 and under are free
Check out the largest indoor Corvette and Chevy event in Texas spread over more than 130,000 square feet! There will be plenty of Corvettes, Camaros and other Chevys buffed and polished for your photographic delight! You can purchase tickets online at theirwebsite.

Mini Contest

Submit your images (up to 2) to Blake by Friday, February 10 to participate in our monthly mini-contest! Please size images to 1024 pixels on the longest side!
February - Love
March - Rain
April - Cars
May - Flowers
June - Reflections
July - Architecture
August - In Your Backyard
September - Food
October - No mini-contest; Annual Fall Contest
November - Night photography

Members Slide Show

Have you been someplace interesting or just gotten some great shots? Each month a portion of the meeting will be devoted to seeing and talking about the creative experiences of our membership. Please share your shots with members by participating in members slide show. Submit your photos (limit 5) to Blake by the Friday prior to the monthly meetings.

Check It Out!

Every month we'll be highlighting websites that we find to be great resources for photography education, inspiration, gear and more!
This month's feature is Digital Photography School. This website has a wealth of information for photographers and includes a forum for discussions, competitions, shooting assignments, and critique. You can also sign up for weekly emails which contain photography tips, instruction and information.

Like Us!

The club has a facebook group - The Woodlands Photography Club.This is a place to easily share what you are shooting and what is happening between meetings.
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All Day I Dream About Photography



Posted: 31 Jan 2012 03:00 AM PST
DSC_0278
February’s Picture is baseball by Jennifer Kerr
The calendar is available in 2 themes: Classic and Retro for both US and UK formats. You can download it now at full size.
ADIDAP Calendar – February 2012 – US Format

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