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Morning Docket 11.19.09

Thumbnail image for plane.jpg* Duke law grad Stanley Hilton, 60, sues San Francisco Airport (and some 500 others) for $15 million for ruining his life. The airport noise, which sounds like “bombs dropping in a war zone,” caused his marriage and career to fall apart, he alleges. [San Mateo County Times via San Francisco Chronicle]

* The Ninth Circuit rules that L.A. public defender is entitled to health benefits for his same-sex spouse. [Mercury News]

* ‘I don’t. Furthermore, I am pressing charges.’ New Jersey attorney Steve Hallett accuses woman of harassment after she runs a fake engagement notice. [Trentonian]

* Eric Holder still feeling the heat from his decision to try 9/11 masterminds in a civilian court. [Chicago Tribune]

* … Some questions about the trial that are actually interesting. [Concurring Opinions]

* Terrorist attorney Lynne Stewart is heading to jail. [Associated Press]

* Say it ain’t so, H&H. [Associated Press]

Comments

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1 Posted by guest | Permalink Thursday, November 19, 2009 9:03 AM

Just so someone else can't.

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2 Posted by guest | Permalink Thursday, November 19, 2009 9:06 AM

Elie,

Please create a Schtick Island contest. Preferably some sort of playoff structure. All the schticks can be included, each day we vote on off the island (i.e. ban that IP address). The last remaining few can stay, the rest we thankfully will never have to hear from again.

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3 Posted by guest | Permalink Thursday, November 19, 2009 9:09 AM

"Please end the schticks" is the worst schtick of all. I vote that one off the island. Game over.

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4 Posted by guest | Permalink Thursday, November 19, 2009 9:10 AM

I nominate @2 to be the first one kicked off of Schtick Island. Can I get a second?

5 Posted by Wilhemina Emeritus | Permalink Thursday, November 19, 2009 9:12 AM

This responds to the numerous posts seeking information regarding the status of my husband Wilfred "Partner Emeritus" and our son Jacob. Neither of them is deceased.

After making posts that I deemed unacceptable I revoked their internet privileges for a period of time and severely docked their allowances. I expect both will return shortly -- unless their fragile egos have been bruised.

Wilhemina Sullivan Emeritus

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6 Posted by guest | Permalink Thursday, November 19, 2009 9:15 AM

A friend approached me the other day about ending the schticks on Above The Law. He was very adamant about how the schticks wasting his time, and how they detracted from the board. He also added that an end the schtick contest would be very beneficial overall to Above The Law. During the course of the coversation, he noticed that I was paying less than full attention. He asked me if I cared. Did I care? I told the boy to look at me when I talked to him. I gave fucking 22 years to this country. 22 Years! I've seen boys blown out of the sky over the pacific, I've seen thier guts spread out over rice paddies in Vietnam. So of course I give a shit!

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7 Posted by guest | Permalink Thursday, November 19, 2009 9:18 AM

H&H sucks. Ess a bagel all the way!

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8 Posted by guest | Permalink Thursday, November 19, 2009 9:18 AM

4 - yes.

-3

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9 Posted by guest | Permalink Thursday, November 19, 2009 9:22 AM

I saw you walking down the street, and I had to stop
Turn up the radio and drop the top
I see you look so good, your so fine
Young tender, would you be mine
I get you in my car, drive you to my house
Cuz I'm a mack, I cold turn you out
I wont ask, and I sure won't beg
Reach right over and rub your leg
I let my hand slide between your miniskirt
Slip a finger in your panties, straight go to work
What time is it, don't watch the clock
Lay back baby doll and I'll rock the cock
Funky Fresh I am, and I always can, Freak Nasty
I'm the man
I take you out to the finest resturant
Buy you any damn thing that you want
You want flowers, I'll buy your ass a rose
But later on you're coming off with them panyhose
You want gold, girl whats next
It's me and you, doing the sex
So now you know I'm just a freak
Give it up baby, I can't wait two weeks
I want it all, Don't say I won't
Get it girl, now I'm telling you don't

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10 Posted by guest | Permalink Thursday, November 19, 2009 9:29 AM

Google: "Kashmir Hill I'm googling you"

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11 Posted by guest | Permalink Thursday, November 19, 2009 9:37 AM

I would love to google Kash.

ShaFeef

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12 Posted by guest | Permalink Thursday, November 19, 2009 9:37 AM

2: End the Schticks Guy here. Thanks for the support.

I emailed Elie. If it happens, I think it would be funny and streamline the comments a bit. If not, so be it.

3 , 4, et al.: I said my piece . . . I'm gone.

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13 Posted by guest | Permalink Thursday, November 19, 2009 9:43 AM

What's all this about PE dying? Where's JaKe?

I hope the funeral was held at a preeminent peer cathedral.

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14 Posted by guest | Permalink Thursday, November 19, 2009 9:43 AM

Hey @12, you are a coward and a communist!

Chappy Sinclair, USAF (ret)

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15 Posted by guest | Permalink Thursday, November 19, 2009 9:46 AM

13,

There must have been an Article III officiant too.

We need a Legal Eagle Funeral Watch.

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16 Posted by guest | Permalink Thursday, November 19, 2009 9:49 AM

14 - I don't think this is twitter.

Also, unlike a fictional aviator, I have my battle stripes.

0203 & 0302 OEF,OIF working with 0311s deployed from '99-04. Google all that and then talk to me.

Semper Fi

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17 Posted by guest | Permalink Thursday, November 19, 2009 9:50 AM

"the funeral lasted .9 billable hours. jake concluded the eulogy by stating that, to pay tribute to his father, the cogs should get back to work."

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18 Posted by guest | Permalink Thursday, November 19, 2009 9:51 AM

To save you guys some time, 16=12.

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19 Posted by guest | Permalink Thursday, November 19, 2009 9:51 AM

16, you were depolyed for OEF and OIF from 1999 to 2001? Impressive.

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20 Posted by guest | Permalink Thursday, November 19, 2009 9:52 AM

6 for the win.

We're not going to take it (montage)!

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21 Posted by guest | Permalink Thursday, November 19, 2009 9:54 AM

........crickets..........

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22 Posted by guest | Permalink Thursday, November 19, 2009 9:54 AM

19 - add the comma, add osw if you need and figure out the rest

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23 Posted by guest | Permalink Thursday, November 19, 2009 9:57 AM

16=racist

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24 Posted by guest | Permalink Thursday, November 19, 2009 9:58 AM

So how was an 0302 enforcing a no-fly zone?

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25 Posted by guest | Permalink Thursday, November 19, 2009 9:58 AM

where is Fester and Fat Boy?

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26 Posted by guest | Permalink Thursday, November 19, 2009 9:58 AM

Giving U.S. Constitutional rights to illegal immigrants and foreign terrorists is the dumbest goddamn decision any elected offical has ever made. This guy just sealed his own fate.

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27 Posted by guest | Permalink Thursday, November 19, 2009 9:59 AM

I had an aunt that worked with 411's and 911's at AT&T from 1982 -1991.

Google that.

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28 Posted by guest | Permalink Thursday, November 19, 2009 10:02 AM

@26 - Are you a lawyer? Have you read the Constitution?

Jesus you're dumb for a lawyer. Pretty dumb for a nonlawyer too.

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29 Posted by guest | Permalink Thursday, November 19, 2009 10:05 AM

Pistol Grip Pump on my lap at all times.

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30 Posted by guest | Permalink Thursday, November 19, 2009 10:06 AM

28 - have you?

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31 Posted by guest | Permalink Thursday, November 19, 2009 10:08 AM

Kash

You would not beleive the google search I used to find this site. Dirty, dirty girl.

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32 Posted by guest | Permalink Thursday, November 19, 2009 10:11 AM

November 13, 2009

Job Losses Demystified

As the unemployment rate crossed the double digit barrier for the first time since Michael Jackson learned to moonwalk, President Obama announced that he will convene a “jobs summit” to finally bring the problem under control. Using all the analytic skill that his administration can muster, the President is determined to figure out why so many people are losing their jobs and then formulate a solution. That's a relief; for a while there, I thought we were in real trouble! In fact, the absolute last thing our economy needs is more federal government interference. If Obama really wants to know what's behind entrenched joblessness, he should start by looking at the man in the mirror.

Obama is pursuing, with unprecedented vigor, the same policies that have for decades undermined our industrial base and yoked us to an unsustainable consumer/credit driven economy. This doubling down on Washington's past failures is destroying jobs at an alarming rate. Today we learned that the September trade deficit surged by 18.2%, the largest gain in ten years. Much of the deficit resulted from Americans spending Cash-for-Clunkers stimulus money on imported cars – or “American” cars loaded to the sunroof with imported parts. In exchange for more domestic debt, we have succeeded only in creating foreign jobs.

An article in this week's New York Times by veteran writer Louis Uchitelle confirmed a fact that I have been alleging for years. Uchitelle pointed out that foreign outsourcing of component manufacturing has led to consistent overstatement of U.S. GDP and productivity. The connection goes a long way to explain why we keep losing jobs even as GDP is apparently expanding.

As our economy becomes less competitive due to higher taxes, burdensome and uncertain regulations, and capital flight, more manufacturing and services will be outsourced to foreign firms. However, the flaw in GDP calculation allows the output of those foreign workers to be included in our domestic tally. Since we count the output but not the worker responsible for it, government statisticians attribute the gains to rising labor productivity. To them, it looks like companies are producing more goods with fewer workers.

The reality is that we are producing less with fewer workers. The added “productivity” comes from higher unemployment and larger trade deficits. This is a toxic formula that will have lethal economic consequences.

Don't expect the brain trust at the President's job summit to fret much about these details. That public relations stunt will likely ignore the root cause of the economic imbalances and instead stress the need for government spending on training and education, i.e. more public debt. The unemployed do not need government theatrics, they need actual jobs. But as long as the government props up failed companies, soaks up all available investment capital, discourages savings, punishes employers, and chases capital out of the country, jobs will continue to be lost.

To really fix the unemployment problem, the President must look past his peers in government and academia to understand how jobs are actually created. In the private sector, all individuals have a choice to either work for themselves or someone else. Since labor is far more productive when combined with capital (office equipment, machinery, business models, and intellectual capital), those who lack these assets themselves often choose to work for others who have sacrificed to accumulate them. This increased productivity is shared between the worker and the owner of capital, and both are better off.

However, for one person or company to choose to offer a job to another, there must be an incentive to do so, and they must have the necessary capital. In the first place, employers must commit to paying wages and benefits, comply with government mandates and regulations, and subject themselves to potential lawsuits from disgruntled employees. All of these costs must be measured against the extra profits an employer hopes to earn by hiring an additional worker.

If profit opportunities exist, jobs will be created. Otherwise, they will not. Of course, anything the government does to raise the cost of employment, such as a higher minimum wage, mandated heath care, or greater regulatory burdens, not only prevents new jobs from being created but also causes many that already exist to be destroyed. Anything that diminishes the profit potential of extra hiring will diminish the number of job opportunities that are created. Also, since it is after-tax profits against which employers measure risk, the higher the marginal rate of income tax, the less likely employers will be able to hire.

Finally, in order to hire workers, employers must have access to capital to expand operations. Anything the government does to discourage capital formation automatically diminishes job creation. By running the largest federal deficits in history, Barack Obama is diverting all available capital to the Treasury, and is in effect waging a war against private capital formation.

If the President's summit truly intends to find the root cause of unemployment, his advisers don't need Bureau of Labor statistics or complex modeling software, just the courage to drop their dogmatic belief in central planning and embrace the laws of economics.

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33 Posted by guest | Permalink Thursday, November 19, 2009 10:20 AM

@28 - Does the constitution give non-citizens the right to keep and bear arms?

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34 Posted by guest | Permalink Thursday, November 19, 2009 10:21 AM

ATL,
Your Assara ad makes your site mildly inappropriate for viewing in the office. Was that the desired effect?

Please remove/redesign

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35 Posted by guest | Permalink Thursday, November 19, 2009 10:27 AM

34, interesting point. How does a laser hair removal avoid a repeat of a "half skadden?"

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36 Posted by guest | Permalink Thursday, November 19, 2009 10:29 AM

Holder:

Feel, feel, feel, feel, feel...

Feel my heat.

37 Posted by Like a Duck in a Noose | Permalink Thursday, November 19, 2009 10:29 AM

I don't have internet skills, on account of my lack of opposing digits, but I remember when there was an effort to have a Google search for "miserable failure" lead to George Bush's biography. Similarly, a search for "santorum" led to a vile definition propogated by Dan Savage.

Can we not create a Google-bomb for Kash? First, we need a poll to decide on the most appropriate phrase.

"Hottest legal blogger"
"Bride of Shafeef"

It would be wrong, and quite uncollegial, to have the ass lobster phrase used in this way. Kash is kute, and probably doesn't make a lot with this gig, so let's try to help her.

Suggestions?

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38 Posted by guest | Permalink Thursday, November 19, 2009 10:50 AM

30 - many times.

33 - doubtful.

xoxo,
28

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39 Posted by guest | Permalink Thursday, November 19, 2009 10:53 AM

So, a 60 year old attorney WITH YOUNG TRIPLETS blames the airport for ruining his life? That is rich.

Even if it was true, isn't there a Section 90 Contracts Restatement about cuming to (or is it with) the nuisance?

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40 Posted by guest | Permalink Thursday, November 19, 2009 10:56 AM

38 = scary "constituional scholar" (in 'em's own mind).

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41 Posted by guest | Permalink Thursday, November 19, 2009 11:03 AM

The solution to this terrorist hogwash is to make citizenship actually mean something again. Non-citizens should enjoy no constitutional rights. The constitution is a social compact between the citizens and their government. If you have not sworn allegiance to the USA, then you should not be entitled to any of the benefits of citizenship.

.....except for Obama....because he is a "citizen of the world"

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42 Posted by guest | Permalink Thursday, November 19, 2009 11:07 AM

PE's funeral was very touching, and JaKe burst into tears during the eulogy. Many strippers from Rick's Cabaret were in attendance, which is why Wilhemina, bitter and scorned, is denying that it happened.

43 Posted by Douche Detector | Permalink Thursday, November 19, 2009 11:29 AM

PING! @ 2, 12: Anti-Shtickery, anti-First Amendment, and generally anti-American.

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44 Posted by guest | Permalink Thursday, November 19, 2009 11:36 AM

Steve Hallett has been officially reprimanded before, let's not take only one side of this story: http://www.cjnj.org/html/sanctions/167NJ610.pdf

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45 Posted by guest | Permalink Thursday, November 19, 2009 11:39 AM

I think Partner Emeritus really left. Please stop publishing the murder novel.

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46 Posted by guest | Permalink Thursday, November 19, 2009 11:40 AM

41-
Have you ever read the Constitution? Most of it is dealing with what the Federal Government can and cannot do. Any time the Federal Government is acting, it must do so in accordance with the Constitution. Yes, these terrorist have rights. Illegal Immigrants have rights too but they also are illegal. So round them up, give them a hearing, and ship them back home.

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47 Posted by guest | Permalink Thursday, November 19, 2009 11:46 AM

For the record, Absolute Bagels blows H&H out of the water.

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48 Posted by guest | Permalink Thursday, November 19, 2009 12:14 PM

Holder: Admit you fucked-up. Change the decision and maybe the Administration will let you stay on.

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