Thursday, April 27, 2017

15 Bands I have seen




The proper serving size for pizza is "until you hate yourself"


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Trump criticizes 'ridiculous' ruling blocking his sanctuary cities order

Apr 26, 2017, 8:40 am CDT


Gary D. Cohn, left, the director of the National Economic Council, and Steven Mnuchin, the Treasury secretary, at a White House briefing.
White House Proposes Slashing Tax Rates, Significantly Aiding Wealthy

By JULIE HIRSCHFELD DAVIS and ALAN RAPPEPORT

President Trump on Wednesday proposed sharp reductions in both individual and corporate income tax rates, and also called for the elimination of most itemized tax deductions.


Lawyer accused of billing over 24 hours in a day suspended; but official said others were worse

Apr 26, 2017, 8:00 am CDT

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Four Keys to Success When Public Speaking


Microphone in Conference Seminar room Event BackgroundAttorneys are quickly beginning to recognize that the best way to grow their practice and expand their reach is to speak, publish and share their knowledge whenever possible. No one understands the importance of this more than attorney and Lawline faculty member Bart Basi, Ph.D.
An expert in closely-held and family businesses, Bart is no stranger to teaching others. He has written five books, 14 workbooks and hundreds of articles on this subject. A Lawline faculty member since 2008, Bart has taught more than two dozen courses—many of which have become the most viewed courses in the Lawline catalog.
Bart regularly receives calls and comments from Lawline customers praising not only his substance but also his dynamic speaking ability. What makes Bart such a great speaker, and how can other attorneys learn from him? He shares his secrets to successful public speaking:
  • Be Prepared. The most important part of public speaking is preparation. Bart states that it is important to thoroughly understand your topic and what you plan to present. Prepare with the audience in mind. What are you trying to communicate, and what is the desired outcome? Once you have a clear objective, be sure your points succinctly support your objective. Don’t cloud the presentation with too much information. Finally, anticipate questions and prepare answers.

    While presenting, Bart firmly believes that one should never read from materials (i.e., a script) but instead use cards, notes and/or slides as a reference only. His first speaking opportunity was at a convention in San Francisco, where he spent every night for a week mastering the content. He has sustained this dedication throughout his career, allowing him to keep his focus on his audience.
  • Get Audience Buy-In. Bart connects with the audience by getting them invested in what he is teaching. Bart says, “If you want an idea accepted, you need to make them think it is theirs.” One way he does this is by including specific examples of situations attorneys might find themselves in. Not only does this keep people more engaged, but, according to the book Unconscious Branding,” it allows the audience to visualize and personalize the concept. By sharing his stories and experiences, Bart makes it easier for attorneys to learn and enjoy the program.  
  • Keep Your Audience Engaged. Bart’s programs keep viewers engaged through his dynamic presentation style. According to Roger Love, one of the world’s leading authorities on voice coaching, tonality controls up to 40 percent of whether a person will believe what you are saying. He goes on to say that when someone is speaking in a monotone voice, the audience begins guessing what the speaker is going to say next and then they stop listening. Bart summarizes it best: “It is not enough to show the audience you know your subject—you must be excited by it!” It is this passion and energy that keeps viewers engaged in his Lawline lectures.
    But what about when you’re speaking to a camera instead of a room full of people? Bart admits it is more challenging in a studio setting—but by no means impossible. When possible, Bart has people sit in a studio when filming so he can interact with them. When that is not an option, he simply pretends the camera is a person. An article in Mashable takes it a step further and says to look at the camera as if it’s your favorite dog. If your eyes are darting around, it gives the impression you are nervous and searching for the exit. By humanizing the camera, the presenter can relax, making the program more engaging for the online audience.  
  • Learn from Others. Lastly, Bart recommends learning from others, including organizations like Toastmasters International, whose members work to improve their speaking and leadership skills by attending and giving speeches at its local clubs. And, of course, you can always learn from watching other speakers like Bart. A good starting point is to watch Bart teach his Lawline courses and emulate his techniques.
While all these concepts are easily understood, one thing is clear: It takes a lot of work, but the impact by putting these facets into practice will be invaluable to both you and your audience.



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BREAKING NEWS

Inmate dies at Harris County jail, state to review

An inmate has died at the Harris County jail. State officials say they'll review what led to the death.
Read more 



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Yet strangely he claims he knows more about war than the generals

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Tony's Restaurant; pretending my mom cooked for me:



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BREAKING NEWS

Texas sues to get lethal injection drugs

Texas is suing to get access to a stash of lethal injection drugs seized by federal authorities. The suit was filed Wednesday.
Read more 

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Should You 'Facebook' the Jury? Yes. No. Probably.


Any good trial lawyer these days is keenly aware that jurors are revealing valuable tidbits about their lives, their interests, and social and political leanings on such services as Facebook and Twitter. But while social media profiles can present a trove of data points for jury selection—one that legal tech companies are eager to mine—researching jurors online while keeping on the right side of the judge and local ethics rules is hardly a straightforward exercise.
“It’s really an issue that I see developments on a weekly basis,” said John Browning, a trial attorney at Passman Jones in Dallas and author of “Legal Ethics and Social Media: A Practitioner’s Handbook,” set to be published next month. At the end of the day, Browning said, most opinions out there would steer attorneys toward doing more research about their panel over less. Even so, there are nuances depending on what state you’re in, and who the judge is.

Here’s an overview of how the landscape is shaping up in some key jurisdictions.

Texas

U.S. District Judge Rodney Gilstrap of the Eastern District of Texas, known as being the busiest patent judge in the country, in January became the first in his district to adopt a standing order that expressly allows researching of juror social media. But he set down some limits. Like the American Bar Association’s opinion from 2014, Gilstrap prohibits attorneys from contacting jurors via social media. His order is arguably broader, though, in that it extends that prohibition to “parties, and their respective employees and agents, including jury consultants.”
But otherwise, Gilstrap said in an interview, the field is open. While he stressed the importance of balancing attorneys’ right to know against juror privacy interests, Gilstrap said he had no qualms about attorneys using social media research to tailor their arguments or make references that would resonate with individual jurors. “Oral advocacy to persuade ordinary citizens is sort of the name of the game,” he said. Gilstrap said researching social media hasn’t been an issue in any of the cases he’s presided over, but he wanted to lay down some ground rules before it did.
Elsewhere in Texas, there’s less clarity. “I think I can count on one hand the number of jury selections I’ve attended where the judge discussed the practice of attorneys ‘Googling’ jurors in front of the venire,” said Kacy Miller, president of CourtroomLogic Consulting in Dallas. But she recommends a conservative approach. . To make sure jurors don’t learn that they’re being researched, her team uses anonymous profiles on LinkedIn and avoids conducting any searches from a law firm’s network, so that a tech-savvy juror wouldn’t be able to trace back an IP address if their personal website was crawled.

Florida

If you happen to find yourself in front of Judge Meenu Sasser, a state circuit court judge in West Palm Beach, be advised: she expects that you will be researching jurors’ social media both before and during the case. “It’s an unspoken expectation,” she said in an interview. Sasser said finding out more about jurors online is part of a lawyer’s “duty of competence,” and that clients might be rightfully miffed if their attorneys aren’t doing that kind of investigation.
During trial, Sasser also expects lawyers will help in making sure that jurors aren’t posting confidential information about the trial or revealing anything that would result in a mistrial. (Sasser said she lets jurors know in advance when they sit in her courtroom that their public profiles will likely be browsed.)
Other judges in Florida have taken a similar view. As Browning noted in a recent article, Pinellas Circuit Judge Anthony Randolino suggested in a 2014 ruling that attorneys should be required to research jurors online before trial and bring forth any pertinent information—like a disqualifying bias—as soon as possible. Otherwise, lawyers could wait and seek a do-over when they don’t like the result.

California

In what has become a famous example of the opposite end of the spectrum, U.S. District Judge William Alsup last year pressed lawyers in a massive copyright case between Oracle Corp. and Google Inc. to forgo online juror research. Though he initially threatened to ban internet searches on jurors altogether, Alsup ultimately said he would allow them provided the tech giants told jurors they were being researched. Both sides opted not to do that.
Alsup’s order reads like a manifesto for juror privacy rights. “Trial judges have such respect for juries—reverential respect would not be too strong to say—that it must pain them to contemplate that, in addition to the sacrifice jurors make for our country, they must suffer trial lawyers and jury consultants scouring over their Facebook and other profiles to dissect their politics, religion, relationships, preferences, friends, photographs, and other personal information,” he wrote.

New York

New York State has tighter rules when it comes to researching jurors on social media. In a handful of ethics opinions, followed by a set of guidelines published in 2014, the New York State Bar Association has directed attorneys to ensure not only that they do not proactively contact a juror via social media, but that there is no automatic notification sent to the juror by the social media service that would put the juror on notice they were being scrutinized by the trial team. On LinkedIn, for example, users can sometimes see who has recently browsed their profile.”A lawyer must take measures to ensure that a lawyer’s social media research does not come to the attention of the juror or prospective juror,” the guidance says.
What if your jury pool includes someone who is a “friend” of a “friend,” or belongs to an alumni group, allowing the lawyer to see potentially nonpublic postings? That’s a grey area, according to the bar association document, which only urges “caution” in such a circumstance. But the U.S. District Court for the Northern District of New York, in a local rule adopted at the beginning of 2016, says that lawyers are allowed to research jurors’ social media only so long as the “website or information is available and accessible to the public.”

Other Jurisdictions

• Washington: This past January, U.S. District Judge James Robart of the Western District of Washington (who came into the national spotlight for his order blocking President Donald Trump’s travel ban) offered a cautionary tale: research jurors all you want, but think twice before asking about what you learn. Robart said that in a case before a colleague on the bench, the lawyers had run a Facebook search on each of the jurors. “And when they got to Juror No. 5 and the lawyer said, ‘And so how did your daughter do in the horse competition?’ there was a revolt among the jury,” Robart recalled, according to a transcript. “They really do not expect that you’re going to inquire into their personal lives. That’s just a word from experience.”
• New Jersey: If you don’t bring your laptop to court, you’re out of luck. That’s the takeaway from a 2010 New Jersey appellate court ruling in a case known as Carino v. Muenzen. The court held that lawyers have the right to research potential jurors online during voir dire, and that the trial court had erred by preventing the plaintiff’s attorney in the medical malpractice case from doing so simply because the defense team had not brought their computers and couldn’t do the same. “[I]nternet access was open to both counsel, even if only one of them chose to utilize it,” it ruled.
• District of Columbia: The D.C. Bar in late 2016 adopted an opinion that encouraged researching jurors online. “Competent and zealous representation … may require investigation of relevant information from social media sites of jurors or potential jurors to discover bias or other relevant information for jury selection,” its Legal Ethics Committee wrote. While noting that contacting jurors via social media is prohibited, it added that reviewing jurors’ social media profiles “could reveal misconduct by the juror or others.”
• Pennsylvania: The Pennsylvania Bar Association has taken a similarly permissive if not as enthusiastic approach as D.C., saying in a set of 2014 guidelines that during jury selection and trial, “an attorney may access the public portion of a juror’s social networking website but may not attempt or request to access the private portions of the website.” Unlike New York, the Pennsylvania Bar does not view automatic notifications such as those sent by LinkedIn as problematic. “There is no ex parte communication if the social networking website independently notifies users when the page has been viewed.”

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Kasey





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15 bands I've seen and one is a lie...can you guess ;)
1. Little Richard
2. Fats Domino
3. Beatles
4. Van Morrison
5. Elvis Presley
6. Jackie Wilson 
7. Aretha Franklin
8. Gladys Knight & The Pips
9. Bruce Springsteen
10. James Brown
11. Frank Sinatra
12. Sammy Davis Jr.
13. Barbara Streisand
14. Everly Brothers
15. Jerry Lee Lewis

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Clemson Dean Calls For Students To Pass “Intercultural Competency” Test As A Pre-Condition for Holding School Offices

by jonathanturley
Clemson_University_Seal.svgAltheia Richardson, Clemson University’s director of the Gantt Multicultural Center has triggered a controversy with a proposal that all students should pass an “intercultural competency” test before they’re allowed to run for office or hold positions in the South Carolina college’s student government.  Clemson students are already required to  to take a social justice course following enrollment.  Richardson's proposal has enraged some students as an ideological test for office -- a position that Richardson denies.

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Erdogan Quickly Uses New Sweeping Powers To Round Up His Opponents

by jonathanturley
220px-Recep_Tayyip_Erdoganrecently posted a blog column on the troubling image of President Donald Trump calling TurkishPresident Recep Tayyip Erdogan on his success in securing what are viewed as near dictatorial powers in a recent referendum.  Erdogan did not waste any time in using the powers.  Turkish police have arrested 1,000 people suspected of being supporters of Erdogan's main opponent, US-based Islamic cleric Fethullah Gulen.





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