Non-Sequiturs: 07.31.09
* Okay, I’ve accepted the fact that state officials in Alabama don’t have ready access to the Constitution. But thanks to advancements in technology, surely we can now print the thing on the back of a beer can so it magically appears when their beer achieves maximum freshness. Maybe we can print the Bill of Rights on a series of bumper stickers? We have to stop leaving Alabama behind. [Volokh Conspiracy]
* Has the headline “The End of Biglaw” jumped the shark? [Adam Smith, Esq.]
* The search warrant for the house owned by Michael Jackson’s Doctor. [Popsquire]
* Here’s a personal injury law roundup. It’s better than the lottery. [TortsProf Blog]
* Knowing is half the battle. [Courtoon]
* When rainmakers leave. [Bloomberg]




Comments
New York could use easy access to the Constitution, too. Oh, that's right, liberals don't violate the Constitution, just backwater hillbillies. Silly me, I almost forgot that places like New York and San Francisco are in complete support of the Bill of Rights, including the Second Amendment.
Link #1 = crazy. Is Alabama run by the Taliban?
All I have to say is ...
Effort, devotion, & love is the price we as a society pay 4 r Einsteins, Newtons, & Michaelangelos !!! Higher value costs more.
Congress must help fund health care 4 Autism NOW, & Create a Savant! More Einsteins, Newton's, &Michaelangelos!! Help r Country help itself!
~EquiisSavant
(Savant nickname for Mary Katherine Day-Petrano)
Juris Doctorate degreed DX: savant autism who, like Temple Grandin, "Thinks in Pictures" not pleadings
http://www.equiisautisticsavantartist.webs.com/
Really? Didn't MKDP get forced off of Volokh.com for threatening to sue everyone there who disagreed with her? Now she's going to try to highjack ATL threads? I wonder how long until she has her own meme.
Elie, I had no idea (1) you wore a toupee, and (2) had been arrested:
http://www.thesmokinggun.com/archive/years/2009/0717092mugs3.html
You may want to check out 27 CFR 4.39(a). Apparently the hillbillies in the federal government needs to be updated on the Constitution as well.
Elie's racist.
Isn't "Going Concern" the theme for prostate enlargement commercials?
Elie, is it true that you are a fat blob monster from the planet xenu 7?
If we were allowed to post comments to David Lat's stupid Going Concern plug, they would read something to the effect: "David Lat sucks"
Typical liberal. Deeply offended at any comment that can conceivably be interpreted to have any connection to race, but sees no problem with blanket, explicit stereotypes of everyone in an entire state.
1 - The Second Amendment hasn't been incorporated against the states. At least not according to those notoriously liberal judges, Posner and Easterbrook.
David Lat sucks.
Elie Mystal sucks worse.
11 - Since when do "state officials in Alabama" = "everyone in an entire state"? Does Alabama have some system of governance I am unaware of where each citizen is a member of the legislature?
12 - What's your point? We all know the Supreme Court will incorporate it next term. It's a foregone conclusion. And, when they do, they will conclude that New York is in violation of the Second Amendment. Thus, a liberal mecca also violates the Constitution, just like Alabama (only worse).
15 - We don't all know that. Thomas is not a fan of incorporation and will almost certainly vote against incorporating the Second Amendment. If the four liberal judges also vote against incorporating the Second Amendment, that's your five votes right there. Not to mention, you are pretty intellectually shallow if you can't see the difference between violating the Free Speech Clause of the First Amendment (one of the first clauses incorporated) and the Second Amendment (which is still not incorporated). As of now, states with gun control laws, such as New York, are not in violaiton of the Constitution as it has been interpreted by the Supreme Court. The same can't be said for Alabama.
Squeeeeeeeeeeeeel like a piiiiiiig, boiiiiiiiiiiii!
All I know is that an Asian man, with the richness of his experience, would validate the right of Americans to possess nanchucks in private homes.
16 - Where are you getting it from that Thomas doesn't like incorporation? He has only spoken out against incorporation of federalism provisions (like the Establishment Clause). As Heller made clear, the Second Amendment is not a federalism provision.
If you really think that at least the four right-wing Justices are going to pull out and prematurely ejaculate so soon after Heller, you're kidding yourself. Kennedy is the one you have to worry about.
"magically appears when their beer achieves maximum freshness."
What the hell does this mean? A product is freshest upon production, and only gets less fresh...it is impossible to "achieve maximum freshness."
Logic fail.
19 - Straight from Heller: "The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause." The purpose that the prefatory clause announces is concerned with federalism. Thomas has spoken out against using the Due Process Clause of the Fourteenth Amendment for incorporation in general. The Establishment Clause is simply where he made his stand due to it originally being concerned with federalism. So too was to Second Amendment (hence the prefatory clause).
I agree, seems like theTaliban are taking over state governments and courts. Just look at New York and see how bad things are getting here in a case that truly shocks the conscience.
Barbara Bracci, a hard-working New York State corrections officer who claimed she was brutally attacked by her work supervisor, Captain William E. Peek. Bracci made tape recordings she alleged were of her remorseful attacker confessing to his crimes. The NY State Dept. of Corrections (DOC) took the tapes from her then conspired with a crooked judge to illegally withhold them from a New York court.
The case went to the Division of Human Rights (SDHR). Bracci wanted her original tapes played in open court. DOC refused to give the tapes back to her and gave them instead, to the presiding administrative law judge (ALJ) who refused to let the court hear them.
The ALJ then weighed the tapes unlawfully in secret (ex parte, in camera) and ruled they were ‘unreliable.’ So the case was dismissed. Bracci protested that she was denied her due process rights and the case went before the Appellate Division, Third Department as an Article 78 special mandamus proceeding. Inexplicably, the tapes then became ‘lost’ and SDHR refused to give a verified answer in response to Bracci’s serious charges of corruption. So with Bracci having proof her tapes were now destroyed and with the opposing party declining to defend their actions, she duly filed for summary judgment.
However, the Appellate justices unlawfully took away Bracci’s right to a special proceeding and outright dismissed the claim on May 14, 2009 upholding the lower court’s judgment. Interestingly, nowhere in the Appellate decision does the term, ‘Article 78’ even appear.
Thus a corrupt higher court had not only condoned the weighing of evidence in secret and then its destruction, it had unlawfully removed Bracci’s status as an Article 78 special proceeding litigant.
Even a layperson looking at the court’s website under ‘Bracci-v-State Division of Human Rights’ (Case no: 506150) can see that this raped, abused and permanently scarred woman was cheated of her most basic rights to due process rights.
http://decisions.courts.state.ny.us/ad3/Decisions/2009/506150.pdf
Now Bracci is filing another appeal with the Court of Appeals. We shall see if the highest court in New York is just as corrupt as those below.
You see, I’m British and I grew up with a worldview of American as an honorable civilization. Like most people in the English-speaking world I was greatly influenced by Hollywood movies. I confess to have learned that reality of what American Justice is quite different from what I saw in films. Forget the Sixth and Fourteenth Amendment of the United States, that Bill of Rights nonsense and the Constitution. The practice of law is very different. American Justice is a fiction told in Hollywood. In real life corruption is the methodology of the courtrooms.
i SHARTED and PUSSY FARTED on the dance floor. Oopsie :)
-CWT '05 NY Female Associate
Lat disabled comments on his post promoting that other blog??? What a n00b.
"I know every incident in the history of racism."
-Henry Louis "Banana Eating Jungle Monkey" Gates
I admire the loquacious verbosity of Adam Smith Esq. What an excellent manner in which to remind the pervasively ignorant populace that lawyers were formerly compensated by the individual word (and thus ridiculously overpaid).
22 - Yes, because lengthy diatribe that doesn't even attempt to explain, much yet mention, the reasoning behind the multiple decisions in the aforementioned case proves religious fundamentalism is afoot in New York.
I don't have ready access to the Constitution either. Which article and section is the abortion rights clause again?
If Schiller is saying he left DLA Piper because they refused to give him an extra docking station for his laptop, he is my new hero.
28 - It's the same amendment that says the government can't sterilize you after two children, mandate the profession you enter based on a goverenment-mandated apptitude test taken as a child, or choose your wife for you based on your genetic compatibility. Read over the Constitution and ponder whether the government could do these things for a while and I'm sure you'll find it.
Going forward, unless there is further embedded clarification every derogatory name(for example: Dipshit; Thimbledick; Fucktard; Asshole, etc.) will be understood to be referring to David Lat.
I'm really interested in applying to Buckley Sandler, the firm mentioned in the Bloomberg article. Anyone know more about it?
Why all the Lat hate on this thread?
33 = Lat
Dipshit; Thimbledick; Fucktard; Asshole
In 2002, I graduated second to last (401/403) from UC Hastings.
"Meanwhile, Hangley Aronchick Segal & Pudlin, Schiller’s new 50-lawyer firm, is “nimble” and lets lawyers “tweak rates,” Schiller said."
Oh, BTW, did we mention that Hangley is doubling Schiller’s (prior) compensation package?
Of course, that is not why Schiller jumped ship from Piper. The real reason is that he wanted to be "nimble" and to "tweek" fees.....
The Adam Smith article is not allowing comments...suspicious...