Mostly Plants

Travelings, Cookings, and Musings from an Almost-Public-Defender

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Entries Tagged as 'On the Legal System'

More on the HHS Reg

August 27th, 2008 · No Comments

RHRealityCheck makes some more specific critiques of the proposed Physician Conscience reg, which I respond to.  Many of the critiques are based on incorrect statements of existing law.

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Tags: On the Legal System

HHS Is Not Redefining Abortion; the Reg is Not a Crisis

August 27th, 2008 · No Comments

If you haven’t been living under a rock for the past month, you’ve heard the rumors–and seen calls to action all over the internet–about a Notice of Proposed Rulemaking that the Department of Health and Human Services has released on “Physician Conscience.” The calls to action range from the specific (and false) allegation that the [...]

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Tags: On the Legal System

After the bar…

August 1st, 2008 · No Comments

While we were waiting to have our exams collected and inventoried, and all blatantly disregarding the repeated, but not particularly emphatic instructions not to speak, a member of the Board of Bar Examiners stepped up to the rostrum and announced:

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Tags: On the Legal System

Professor Quotations–The Final Installment*

July 27th, 2008 · No Comments

From the MA bar review course, guaranteed to amuse those in other states as well as the rising 2Ls and 3Ls.
Those who have never studied law may find some of these funny, but I make no warranties.
Best wishes to all who must endure what this week brings–and if anybody reading this took the Louisiana bar, [...]

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Tags: On the Legal System

Let’s talk about blaming the victim

May 13th, 2008 · 7 Comments

Most of you know me as an advocate for the accused.  One reason that I have chosen to pursue that path is to put into practice my belief that all living creatures are worthy of love and compassion, even those who, in the eyes of many, have forfeited that worth.
Recently, circumstances have forced me to [...]

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Tags: On the Legal System

Revising the Right to Trial by Judge?

April 29th, 2008 · 3 Comments

Following the acquittal of Shawn Bell’s killers, one of the lawyers pointed out an interesting discrepancy between the New York and Federal criminal procedure systems: in New York, a criminal defendant has a right to a jury trial, and can waive that right.  In the Federal system, however, the United States also has a right [...]

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Tags: On the Legal System

Sometimes even I agree with the Washington Times

April 18th, 2008 · No Comments

This Editorial in the Washington Times begins:
There are two kinds of people in the world: the kind who think it’s perfectly reasonable to strip search a 13-year-old girl suspected of bringing ibuprofen to school, and the kind who think those people should be kept as far away from children as possible
The first group includes officials [...]

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Tags: On the Legal System

Supreme Court says “All Systems Go” for Suffering and Death

April 17th, 2008 · 2 Comments

Yesterday, in an epic split decision reminiscent of Furman v. Georgia, the Supreme Court released its opinion in Baze v. Reese, the lethal injection challenge case. A copy of the opinion is at http://www.scotuswiki.com/index.php?title=Baze_v._Rees.

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Tags: On the Legal System

Client Ingratitude: It Ain’t Just for Public Defenders Anymore

April 9th, 2008 · No Comments

What struck me about the article, though, was how The Donald describes his case:

“Trump told the NYLJ that the law firm was preoccupied with fees throughout the case. ‘Ninety percent of the conversations I had with David Scharf were about legal fees, not the case,’ he said. ‘We won the case because I’m a great witness’”

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Tags: On the Legal System

Comparing Euthanasia with the Death Penalty: a Response to Colb

April 2nd, 2008 · 2 Comments

In an article published this morning on Findlaw, Sherry Colb argues that comparisons of death penalty methods against animal euthanasia are fundamentally inapt. She responds to those of us who have cited the American Veterinary Medical Association (AVMA) euthanasia standards in the death penalty debate by saying that nobody should be surprised that the [...]

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Tags: On the Legal System