Archive for August, 2015

Here Comes Da Judge; Dere Goes Da Justice (August 31, 2015)

Posted in Courts, Federal Courts, Judges, Judicial Arrogance, Judiciary, Law, Law School, Magazine Reference on August 31, 2015 by e-commentary.org

. . .

B-W L          “I told my client in a personal meeting face to face in the office that we were assigned a judge who would rule against us without reading any of the pleadings.  Zero percent chance of success.  An appeal was too expensive.  The client said to proceed making the arguments and angle for an angle, some angle, any angle.  You should always send a separate letter as an attachment to an e-mail and by snail mail to the client confirming your concerns that the outcome may not be favorable as discussed.  I slow rolled things playing for time with no grand plan.  Out of the blue, an entity moves and is allowed to intervene; the judge steps out of the case without comment.  New judge takes over case; new judge follows the law; client prevails.  You need to get lucky some times.”

W-E L S          “We are spending the third year trading war stories like this in the student lounge.”

B-W L          “And that part of the process is not even covered by tuition.  I told another client that we drew the right judge and could expect a favorable outcome.  Some judge gets deployed overseas to join in killing innocent folks and a new judge is assigned.  A judge who liked to use the expression ‘a no-brainer’ and met that qualification.  However, the argument required a brain.  He employed his patented ‘no brainer’ analysis.”

W-E L S          “Dead.”

B-W L          “DOA.  Upon notice of the reassignment, the first reaction was utter dread.  Game over.  A death notice from the court.  You may not realize that your state still has the death penalty in civil cases.  And not a shot was fired.  How do you explain it to a client who is utterly disgusted with the whole process.  He kept yelling that he wanted the first judge and wanted me to get the first judge back.”

. . .

B-W L          “MSU is a military expression that applies to the law.  Making Stuff Up.  The facts and the law.  No one will ask the fundamental question whether all the money, public and private, spent to indoctrinate a young law student is worth fomenting the illusion and delusion.  Is there value in the truth?”

W-E L S          “Can I get a refund on my tuition?”

. . .

B-W L          “Few if any of your law professors ever practiced law.  You are obligated to repeat and are rewarded for propagating the myth.  That is the Game.”

. . .

[B-W L: Battle-Weary Lawyer; W-E L S: Wide-Eyed Law Student]

[See the e-commentary at Playin’ The Legal Game (March 28, 2011) and Assigning Blame: The Lawyers: 50 Percent; The Non-Lawyer Public: 50 Percent; The Judges: 100 Percent (December 3, 2012).]

Bumper stickers of the week:

“Your honor, we will be filing a motion this afternoon to transfer this case to an entirely different judicial system.”  “The New Yorker” cartoon in office.

MSU:  The motto of the American judicial system

A system of men and women not a system of laws.

The first thing we do let’s banish the American-acculturated judges.

The Stock Market Racket (August 24, 2015)

Posted in Pensions, Stock Market on August 24, 2015 by e-commentary.org

. . .

I1          “The stock market is not a market, it is a racket.  The Stock Racket, I call it.  The Racket does not provide much financial security.”

I2          “And I too am a hostage to that Racket.  I am now at a stage and an age when I am told to avoid risky investments and to move toward less risky instruments, yet those who make the economic rules eliminated that time-honored option.  I receive nothing to put my money in the bank and take less risk.  I have faith that I will receive nothing at the end of the day to take huge risk in the Racket.  I am forced to keep one foot in the Racket in a desperate bid to obtain some upside yet now see the decline that I expect.”

I1          “I don’t call that traditional financial security.”

. . .

I2          “Those who run the defined benefit pension plans are playing the Racket.  When the Racket collapses, I will be forced by the courts to fund the short fall while living with little or no pension.”

I1          “I don’t call that traditional financial security either.”

. . .

[See the e-commentary at Party Like It’s 16,919.99 (May 19, 2014) and “Titters” v. “Self-Unemployed” (September 1, 2014).]

Bumper sticker of the week:

The Stock Racket

On Success, Incipient Success And Self-Esteem (August 17, 2015)

Posted in On [Traits/Characteristics] on August 17, 2015 by e-commentary.org

. . .

P1          “The youngster’s t-shirt questioned:  “What would you try if you knew you could not fail?”

P2          “They say that risk is the handmaiden of reward.”

P1          “At first I thought the sentiment was quaint because failure is indeed always a possibility, yet I wondered whether cultivating some confidence at a young age leads to a sense of possibility and develops reasonable risk taking in later years.”

P2          “I was allowed to fail.  I now try when I am almost certain that I will fail.”

. . .

P1          “Not trying is certain failure.”

P2          “They say that you miss 100 percent of the shots you don’t take.”

. . .

[See the e-commentary on schooling and self-esteem at Readin’, ‘Ritin’ and ‘Rithmetic . . . and Respect . . . and Success (March 14, 2011).]

Bumper sticker of the week:

“You miss 100 percent of the shots you don’t take.”  Wayne Gretzky

“You Can’t Be Smarter” (August 10, 2015)

Posted in Bureaucracy, Courts, Entertainment, Journalism, Judges, Judicial Arrogance, Law, Law School, Newspapers, Personal Stories Series, Personal Story, Press/Media, Television on August 10, 2015 by e-commentary.org

. . .

P          “You might as well leave law school with some useful insight.  When you begin practice, ferret out the longest serving person at the firm.  That person likely will be female and the secretary for a senior partner.  Take her to lunch.  Ask for advice.  Listen carefully.”

. . .

SS          “Your biggest challenge?  You must accept that you can’t be smarter than the judge.  That will vex a person like you.  And don’t expect much civility or any humility from the bench.  Good luck.  You will need it.”

. . .

YL          “So it is like law school but with consequence.  It is like high school writ large.”

SS          “And I am downstream from the bullying and arrogance of the judges and the senior partner.”

. . .

YL          “Looking back, I realize that professors were and judges now are the greatest impediments to advancing sound ideas.”

SS          “They don’t teach you much in law school.”

. . .

[Jon Stewart left The Daily Show recently.  See the e-commentary at Brian, Jon And Journalism Today (February 16, 2015).]

Bumper sticker of the week:

Better to know the judge than the law

Intended Consequences In Iraq (August 3, 2015)

Posted in Iraq on August 3, 2015 by e-commentary.org

. . .

1          “If you want ISIS or ISIL or whatever they are to emerge, then invade Iraq in March of 2003.  If you do not want ISIS or ISIL or whatever they are to emerge, then do not invade Iraq in March of 2003.”

. . .

1          “Life is often so simple and predictable.”

. . .

[See the e-commentary under the Category on “Iraq”.]

Bumper sticker of the week:

If you want ISIS, first invade Iraq; if you do not want ISIS, do not invade Iraq.