Tuesday, September 11, 2012

Marcella


I'm starting to regret my decision to enter the witness protection program. I just don't like my new identity and my Portuguese accent is flawed.

Ann Romney schedules a seminar on training  dressage horses. The Romneys KNOW what America needs.

Neither Democrat nor Republican parties suit me anymore. Join me in the Cocktail Party. Brilliant solutions nearly always emerge near the end of each meeting.

What is wrong with us. Does a drug manufacturer really have to tell us to quit taking the pills if it causes us to have rectal bleeding?  You mean to tell me that someone would really keep taking those pills without that warning?

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Like This Page · 53 minutes ago viaLiveScience 

Researchers have found a way to create cyborg, remote-controlled cockroaches and hope they could be used to gather information in disaster zones.http://bit.ly/NkD0ra





Editor: Rod Serling has just been re-classified as a non-fiction author.

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CRIMINAL JUSTICE

O.J. Simpson Prosecutor: Johnnie Cochran May Have Tampered with Bloody Glove

Sep 10, 2012, 06:57 am CDT



JUDICIARY

Woman Groped by Cop Objects to Judge's Advice on Visiting Bars and Grocery Stores

Sep 10, 2012, 05:30 am CDT

SCIENCE & TECHNOLOGY LAW

In Case of First Impression, 6th Circuit Nixes Lie-Detecting MRI in Criminal Case

Sep 7, 2012, 01:55 pm CDT

JUDICIARY

Ethics Complaint Alleges Judge's Taped 'Shut Up' Shout Isn't His Only Courtroom Misstep

Sep 7, 2012, 10:01 am CDT





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REVERSED and REMANDED. (August 31, 2012).


The Fifth Circuit, for the first time, addresses what timing requirement Rule 4 of the Federal Rules of Civil Procedure places on foreign service of process. The Court, in reversing the District Court's dismissal of plaintiff's action, adopts a flexible "due diligence" standard.



AFFIRMED in part; REVERSED and REMANDED in part. (August 23, 2012).


Related companies filed false liens against landowners after they pledged two vacant lots as collateral to secure their family member's purchase of a mobile home. After the companies released the liens, the buyer defaulted on the loan. In a partial reversal of the District Court, the Fifth Circuit rules that the release of the fraudulent liens released only the landowners' obligation under the liens, not the buyer's underlying debt created by the Retail Installment Contract for the purchase of the mobile home. The Court upholds the District Court's application of the discovery rule to toll the statute of limitations on the landowners' claims under Chapter 12 of the Texas Civil Practice & Remedies Code - which prohibits the filing of false liens. The Court agrees that under the language of Chapter 12, statutory damages are an alternative to actual damages. Moreover, the Court finds that the text of the statute supports the District Court's ruling that each of the companies is separately liable for $10,000 per lien per plaintiff.




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Marcella:






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R.I. Woman Fights for Her Cockatoo's Right to Call Neighbor a 'F*cking Whore'

We all have our times when things aren't going well, when every last thing just seems to be going poorly. But look at the bright side -- at some of these things that are almost certainly not happening to you right now:
1. You do not live 50 feet away from your ex-husband's new girlfriend.
2. The ex-wife of your new boyfriend who lives 50 feet away from you didn't teach her cockatoo to call you a "f*cking whore."
3. You are not the prosecutor responsible for pursuing the "animal-noise ordinance" violation against the cockatoo owner, nor are you the judge who had to hear the case and issue a decision in a motion to dismiss it.
I feel better already, don't you? You're welcome!
In Warwick, R.I., a cockatoo named Willy and his owner, Lynne Taylor, are reportedly being charged with violating the city's animal-noise ordinance. The Providence Journal reports that Taylor and her neighbor, Kathleen Melker, are now facing off in court concerning this ordinance after Taylor allegedly trained the bird to call Melker a "f*cking whore." Melker is not only Taylor's neighbor, who lives just 50 feet away, but also her ex-husband's new girlfriend.

Although Melker could have taken a more "Ron Burgundy-esqe" approach to the bird's talent ("You pooped in the refrigerator? And you ate a whole wheel of cheese? How'd you do that? I'm not even mad ... that's amazing"), she was mad and apparently managed to get Melker accused of violating the city's animal-noise ordinance. Taylor elected to fight the $15 fine in municipal court on the grounds that it was vague and unconstitutional. According to the Providence Journal, however, a judge denied Taylor's request to dismiss the case last week.
On the Internet, people seem to be supporting Willy. With over 1,000 votes recorded, over 62 percent of voters say that yes, "Willy the salty-mouthed cockatoo has First Amendment rights."


Editor: Sigh.
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Puritanical judge plays the blame game with a sex abuse victim because she went to a bar. Was she asking for it?







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Video of Police Encounter May Play Lead Role in Lawsuit

A man charged with assaulting an officer had his case dismissed after a grand jury watched footage of the encounter, which may be crucial evidence in a lawsuit filed in federal court, reports Benjamin Weiser and Randy Leonard in today’s New York Times.

To read this article about the power of a camera, visit the following link:

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Posted: 10 Sep 2012 01:07 PM PDT
tips tricks file list windows linux os x Generate a File List for Document Production During Discovery
When making initial disclosures in federal court (or state court, if your jurisdiction requires them), it’s sometimes easiest to just tell opposing counsel all the files you have without sending over a mountain of paper. That way, opposing counsel can specifically request just what they want.
The easiest way to create a list of the contents of the client file is actually using the command line, although there are some free tools that can do it, too. Here is how to create a file list on all platforms.

Windows

Open a command prompt (All Programs > Accessories > Command Prompt, or just search for “command prompt” from the Start Menu), and navigate to the client’s folder using cd (for change directory). For example, you might enter something like this:
 cd "c:\Users\sjglover\My Dropbox\Firm Files\Client Files\123456 Client's Name"
In order to navigate from the command prompt, you generally need to know where you are going (the names of your folders, in other words). You can use the tab key to automatically complete the directory you have started typing. For example, you could enter My Dr, then press tab to get My Dropbox. Once you are in the right place, use the following command:
 dir /S /W > filelist.txt
While this is really easy to do from a command prompt, Karen’s Directory Printer is a free utility for people more comfortable with a graphical user interface.

OS X and Linux

On a Mac or Linux machine, generating a file list works much the same way. First, open the terminal. On a Mac, just use Spotlight (Command+Spacebar) and search forTerminal. In Linux, if you don’t already know how to open a terminal, just look for it in your applications directory, use your global search box, or consult the forum or help pages for your distribution.
Once you have opened the terminal, navigate to your client’s directory. As with Windows, you do this with the cd command, and you can use the tab key to autocomplete. However, you must use forward slashes instead of backslashes. So you might enter something like this:
  cd "Dropbox/Firm Files/Client Files/123456 Client's Name"
Once you get to your client’s directory, type the following:
 ls -R > filelist.txt

Cleaning up the file list

Either method on either operating system will create a text file named filelist.txt in the client’s folder with a list of all the files, including all subdirectories.
However you generate the file list, you will have to clean up the resulting text file. Remove all directory information other than the names of the folders in the file. Here’s a part of what a cleaned-up file should look like:
 Orders
 2010.07.21 Order permitting Pl to amend compl.pdf
 2010.09.24 Minute entry.pdf

 Pleadings
 2010.05.21 Complaint.pdf
 2010.05.21 Summons.pdf
 2010.06.15 Amended complaint.pdf
 2010.06.15 Cert of Svc.pdf
 2010.06.15 Not of ECF.pdf
And so on. Also remove any privileged files, including the /Drafts/Notes, and /Docs from Client/Irrelevant, Privileged & Protected folders.
If you print the file to PDF, you can distribute the file list with your initial disclosures.
(photo: http://www.flickr.com/photos/zzpza/3269784239/)

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Below is my column today in USA Today on the closure of the final torture investigation by the Obama Administration. Notably, in light of the rift with civil libertarians and his move to the right on national security matters, Obama is not running on civil liberties in this election or claiming to be champion for such rights. Likewise, liberal newspapers and commentators have criticized the Obama Administration and the Democratic Party for rolling back on strong language in the prior 2008 platform to civil liberties in the Democratic platform. The downgrading of civil liberties by the Democratic Party leaves civil libertarians without even a pretense of a party or candidate championing the cause in this election. In a prior column one year ago, I complained that President Obama had not just killed certain civil liberties but killed the civil liberties movement in the United States. That appears reflected in the tepid response to these issues in the party platform. Of course, while party platforms can be dismissed as meaningless statements, the final closure of the last torture investigations without a single criminal charge promises to have a more lasting impact on the law and our record on civil liberties and human rights. Here is today's column:
Read more of this post

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