Archive for the Courts Category

(Refined) Federal Rules Of Civil Procedure (R FRCP) (August 8, 2022)

Posted in Courts, Law, Rule of Law on August 8, 2022 by e-commentary.org

. . .

K          “One federal judge held up a pen and stated that he affixes his signature to more motions and stipulations for extensions of time than to any other pleading.  Every deadline is absurdly short in practice.  The legal beagles in power should double all deadlines in the rules with one pen stroke.  Even the time to notice an appeal should be doubled.  A party oftentimes needs a longer period of time to accept intellectually and emotionally the consequences of a decision and the challenges of taking an appeal.  60 days instead of 30 to take an appeal.”

J          “That is the problem.  The deadlines are short to benefit the judges not the public.  Judges and lawyers do not take reasonable action without tremendous public pressure.”

. . .        

J          “A judge who orders that you give up a long planned vacation on short notice to generate a draft order and do his work and then dawdles for six months before guessing which way to go is not a sage jurist or a good person.”

K          “Standard operating procedure (sop) in the court system.  Judges view themselves as gods rather than public servants.  Something must change.  Rule changes will not solve everything without a change in behavior.”

. . .

Bumper stickers of the week:

If you cannot fully explain why you believe what you believe, you might be brainwashed.

Society has become so fraudulent that the truth actually bothers people.

“In the Fall an old man’s fancy lightly turns to thoughts of reforming the Federal Rules of Civil Procedure.”  With a nod to Al

Cosby And Equality (July 12, 2021)

Posted in Courts, Judges, Race on July 12, 2021 by e-commentary.org

. . .

K          “We are reaching a place of racial equality in America.  Rich Black criminals are now getting treated like rich White criminals.  And getting off.”

J          “And some folks say that society does not progress.”

. . .

K          “Poor Black and Brown criminals are treated worse than poor White criminals, but all three cohorts are treated very poorly.”

J          “The poor are treated poorly.  The rich are treated richly.  By definition, the poor cannot be treated richly.”

. . .

J          “Someone may have had something on one of the Pennsylvania Supreme Court Justices and called in the favor or agreed to remain silent.  Cosby pays a million for the briefing and the gibberish and the song and the dance, the lawyer calls in the favor for the well–healed client.”

K          “Or one of the lawyers was on the same junior varsity lacrosse team at prep school with one of the Justices.  The favor is subtle and not actionable.  Few of you members of the public know that judges are not held to ethical standards unless they do something really, really stupid and embarrassing.  That is then called unethical.”

. . .

K          “If the resources that went into putting a guilty man on the street had been spent examining the convictions of a dozen random cases of unconnected defendants, a few innocent men likely would have been released.”

J        “Is that why the words ‘perverse’ and ‘travesty’ and ‘injustice’ are in the dictionary?”

. . .

[See the e-commentary at “Equality On The Bench Today (August 21, 2017)”.]

Bumper stickers of the week:

Liberty and justice for some

The Civil Code exists to allow the rich to extract wealth from the poor; the Penal Code exists to prevent the poor from retaliating.

Lawyers And Clients: Peas In Pods; Hands In Gloves (March 22, 2021)

Posted in Courts, Judges, Law, Perjury, Perjury/Dishonesty on March 22, 2021 by e-commentary.org

. . .

K          “You tell me the name of a person’s lawyer and I will tell you about the person. The Rho is .97.

J          “You tell me the name of the person and I will tell you about the person’s lawyer. The Rho is .97.

. . .

J          “97 percent of all persons have no moral compunctions about lying or their lawyer lying on their behalf.  What does that say about lawyers?”

K          “What does that say about 97 percent of all persons?”

. . .

K          “Pea in pod.”

J          “Hand in glove.”

. . .

[See the conversation more than eight years ago between the “Lawyer” and the “Client” in the e-commentary at “Assigning Blame: The Lawyers: 50 Percent; The Non-Lawyer Public: 50 Percent; The Judges: 100 Percent (December 3, 2012)” and the e-commentary more than fifteen years ago on perjury – the backbone of the American legal system – at “Perjury, The American Way (February 20, 2006)”.]

Bumper sticker of the week:

Where are the judges?

The “Intellectual Infrastructure Investment Act” (“III”)  Oh, And Happy Valentine’s Day! (February 11, 2019)

Posted in Courts, Economics, Education, Law, Law School, Schooling, Schooling Industrial Complex on February 11, 2019 by e-commentary.org

. . .

K          “Who is doing the thinking in America?”

J          “Who is even thinking about who is doing the thinking in America?”

K          “Troubling, when you think about it.”

J          “America has the chattering class and the blabbering class and the blogging class and the twittering twit class, but not really a thinking class.”

. . .

K          “We can draw on the bipartisan enthusiasm for infrastructure.  Think about the ‘Intellectual Infrastructure Investment Act’ (‘III’) or the Triple ‘I’ as it is known in the vernacular.”

J          “Would you first establish and endow a great School of Economics or a great School of Law?  Thought must be given to establishing and endowing a great School of Foreign Policy and not long after that a great School of Journalism.”

K          “We need greatness.  We may have to settle for goodness.  We may have to settle for okayness.  We may have to settle for notcrappyness.  Some institutions need to respond to that must elusive thing in recent American experience:  Competition.  Competition with the Schooling Industrial Complex (‘SIC’).”

J          “But we really need to put the SIC out of business.”

. . .

K          “In a delightful irony, the SIC will fund the new paradigm.  A billion dollar judgment in the CTJ against Harvard Law School for damages from Pompeo’s criminal activity and a billion dollar judgment in the CTJ against Yale Law School for damages from Bolton’s criminal activity provide enough seed money to fund the undertaking.  If necessary, the judgments can be satisfied from the assets of the respective parent corporations.  Just transfer the assets digitally.”

J          “Brilliant.  Shift resources from ‘Schooling’ to ‘Education’ without any government dollars.  The project also should aspire to take the ‘A’ out of the MICAC and to substitute a real ‘A’ for clear thinking.  Let’s get going.”

. . .

[See the e-commentary at “Suing Law Schools; Suing Gun Makers.  Oh, And Happy Law Day! (April 30, 2018)”, “Close the Harvard Business School (February 23, 2009)”, “The Court Of Truth And Justice (CTJ) (August 29, 2016)”, “On The Digital Revolution (March 22, 2010)”, “‘Adjunktification’ In The S.I.C. (Schooling Industrial Complex) (March 13, 2017)”, “Schooling The Apparatchiks For the Kleptocrats (December 7, 2015)”, “On Merit and the Meritocracy (January 11, 2010)”, “Clinton, Inc., Trump, Inc., Bush, Inc., Kennedy, Inc., O’Bama, Inc. (October 24, 2016)”, “MPP / MPA:  Are They Really Masters? (November 13, 2017)” and “Johnnie Bolton:  The Triumph Of the Chickenhawks And Neo-Cons.  Join Fellow Patriots For The ‘April 14 Rally’ And The Memorial Day ‘March For America’.  Oh, And Happy April Fool’s Day. (April 2, 2018)”.]

Bumper stickers of the week:

I support the “III Act”

Think big, think long

The Illegitimate Institution Unpacks After “Beach Week”:  Time To Start Packin’ The Court (October 1, 2018)

Posted in Courage, Courts, First Monday In October, Supreme Court on October 1, 2018 by e-commentary.org

. . .

K          “There is a cancer in the current Court.”

J          “The current Court is the cancer.”

. . .

K          “I do believe Dr. Blasey Ford.  I do not believe Brett Kavanaugh.”

J          “I do not believe Brett Kavanaugh.  I do believe Dr. Blasey Ford.”

. . .

K          “Thomas has confirmed the claims of those who claimed that he is unqualified.  He doubled down on the incompetence out of spite.”

J          “Gorsuch is occupying the ‘Stolen Seat’ without any reservation or compunction.”

K          “And the ‘American Psycho’ is set to assume the third illegitimate seat.”

. . .

K          “Why not?  The argument is that if you do it, they will do it.”

J          “So be it.  Something must be done.  Do it.  Pack it.”

. . .

K          “Only a few Americans realize that the appointments are not for life, they are ‘during good behaviour.’  They are behaving badly.  They need to go.  The Democrats need to present a coherent vision and future and then start impeachment hearings against the illegitimate Justices.”

J          “But the Democrats are weak, effete, feckless and craven.”

. . .

J          “Kavanaugh is ethically obligated to recuse himself from any case involving the Democratic Party, the ACLU, any left wing group broadly defined, voting cases, partisan gerrymandering cases, claims involving Presidential immunity and authority, the Environmental Protection Agency and global climate change, immigration, and other issues.”

K          “Or Roberts must preclude him from participating and deciding.  Someone needs to keep track of any cases in which he participates and later when the forces of light are in control to issue an omnibus order holding all of the holdings void ab initio.”

J          “Each failure to recuse himself is a separate impeachable offense.”

. . .

J          “He observed that if you gave some credence to packing the Court, you would not get into Yale.”

K          “That’s the heart of the problem.  That’s the game in America.  Kavanaugh was angry and frustrated that the ordinary people did not understand that because he got into Yale, all his sins and transgressions were forgiven.”

J          “Secular redemption in today’s America.  Perhaps part of a comprehensive solution is to close Yale and to close Harvard, convert the dorms into low income housing and use the funds to create a great educational institution open to individuals with intellect and integrity and the oft-forgotten . . . character.”

J          “And closed to those who do not have character.”

. . .

K          “Any chance that the Senate will do right?”

J          “Not.  A.  Chance.”

. . .

[See the e-commentary at “Is Kavanaugh Qualified? (July 30, 2018)”, “KavaNaugh(t): Naught.  Oh, and Happy Women’s Equality Day! (August 27, 2018)” and the e-commentary under the Categories “First Monday In October” and the “Supreme Court”.]

Bumper stickers of the week: 

Kavanaugh Calendar:  June 5, 1982:  “Achievment Tests”

B     E     A     C     H          W     E     E     K

Five Red Robes Trump Four Blue Robes

My child is a courageous law professor

The Truth has no statute of limitations

My daughter is a courageous Alaska lawyer

“What goes around, comes around”  Brett Kavanaugh

Suing Law Schools; Suing Gun Makers.  Oh, And Happy Law Day! (April 30, 2018)

Posted in Courts, Education, Guns, Kleptocracy, MICAC, Schooling on April 30, 2018 by e-commentary.org

. . .

K          “It is about time.  Manufacturers are legally culpable for defective products that proximately cause damage.  Some folks are talking about holding gun manufacturers liable.  Now is the time to hold law schools liable for their defective products.”

J          “It is long overdue.  Law schools are profit-maximizing institutions pursuing a longer term financial strategy that drives, directs and dictates admission decisions.  They have enough information over the decades to calculate the rate of return in lucre and luster for each applicant over his or her lifetime and admit and deny accordingly.  And the statute of limitations does not expire until the lawyer expires, so there is still time.”

K          “When you study the process carefully, you realize that character is immaterial or maybe even an impediment to being admitted.  That is a business decision.  However, that is a business decision that should be challengeable in court.  A citizen should be able to sue Harvard Law School for any of Michael Pompeo’s abominations and Yale Law School for any of Johnnie Bolton’s desecrations and other criminal activities.”

J          “Absolutely.  Law Schools are full sustaining members of the MICAC (Military Industrial Congressional Academic Complex).  Moving down the path toward the adoption of the rule of law in the U.S. requires a first step.  Let’s take a first step by requiring law schools to adhere to the rule of law.”

K          “The problem is finding an honest court in America.  We need to support the creation of the Court Of Truth And Justice (CTJ).”

. . .

K          “Gun manufacturers are liable for defective guns.  A gun can maim or kill a few bodies; a lawyer can maim or kill the body politic.” 

. . .

J          “If they blow up the entire world to smithereens, the damages are going to get way, way up there.”

. . .

[See the e-commentary at “Johnnie Bolton:  The Triumph Of The Chickenhawks And Neo-Cons.  Join Fellow Patriots For The “April 14 Rally” And The Memorial Day “March For America”.  Oh, And Happy April Fool’s Day! (April 2, 2018)”, “Schooling The Apparatchiks For The Kleptocrats (December 7, 2015)”, “Clinton, Inc., Trump, Inc., Bush, Inc., Kennedy, Inc., O’Bama, Inc. (October 24, 2016)”, “The Court Of Truth And Justice (CTJ) (August 29, 2016)”, “Assigning Blame:  The Lawyers: 50 Percent; The Non-Lawyer Public: 50 Percent; The Judges: 100 Percent (December 3, 2012)” and “Perjury, the American Way (February 20, 2006)”.]

Bumper stickers of the week:

We live in a country with many, many, many rules and many, many, many laws, but we do not live in a country that believes in or adheres to the rule of law.

May 1 – Law Day

The Power Of Small Thinking (March 12, 2018)

Posted in Courts, Education, Judges, Peoplocene Age, Plastic, Schooling, Society on March 12, 2018 by e-commentary.org

. . .

K          “Decade in and decade out in every venue from academia to the courts, when big thinking confronts the typical small thinking individual or institution, small thinking almost always emerges.”

J          “C’est la life.  If there is no money in big thinking and buckets of money in small thinking, then small thinking prevails.  It is the first law of societal thermo-economico-dynamics.”

. . .

[Plastics continue to plague the planet.  See “Saving the albatross: ‘The war is against plastic and they are casualties on the frontline’” in “The Guardian” by Anna Turns dated March 12, 2018.  Time to think big.  See the e-commentary at “Living In The “Peoplocene Age”.  The Inconvenient Truth:  Renewable Energy Is Not Sustainable; The Population Must Be Restrainable.  (December 12, 2016)”.]

[See the e-commentary at “On Merit and the Meritocracy (January 11, 2010)”, “On Standards & Quality (July 20, 2015)”, “‘You Can’t Be Smarter’ (August 10, 2015)”, “Federal Judges:  Institutionalized Bullying (September 18, 2017)”, “Arctic High School Court (May 23, 2016)”, “The Ninth Circuit:  Two-Tiered ‘Just-Us’ Review (February 13, 2017)”, “The Paradox Of The Republican Federal Judge:  Republican Federal Judge Syndrome (September 23, 2013)”, “MPP / MPA:   Are They Really Masters?  (November 13, 2107)”, “So Many Words, So Few Ideas (September 21, 2009)”, “Skip the Nobel in Economics? (October 5, 2009)” and “How To Run A Newspaper (February 8, 2016)”.)

Bumper stickers of the week:

BIG THINKING in -> small thinking individual or institution -> small thinking out

e-commentary:  BTI -> BTO (BTU?)

Competency is so overrated.

“It is difficult to get a man to understand something, when his salary depends on his not understanding it.”  Upton Sinclair

“When small men begin to cast big shadows, it mean that the sun is about to set.”  Lin Yutang

Think big, think long.

Cakes, Courts And Constitutions:  Brown v. Plessy II (December 4, 2017)

Posted in Civil Rights/Civil Liberties, Civil War, Courts, First Monday In October, Gay Politics, Society, Supreme Court, War and Wall Street Party on December 4, 2017 by e-commentary.org

. . .

K          “I thought that no one discriminated against the green stuff today.”

J          “The cake baker’s religious convictions seem heartfelt and genuine, yet they must yield when he opens the door to the public and seeks money.”

K          “If you hold yourself out to the public to be open for business, you cannot hold yourself out to the public to be open for business only for some.”

. . .

J          “There is a continuum of creativity.  Everyone involved in the marriage industrial complex is creative in some way.  The hair stylist, the floral designer, the nail sculptor, even the chef are all creating a creative product.  The cake baker is not unique or special.”     

. . .

K          “The coercive authority of the government coming to bear on an individual once again gives me some pause.”

. . .

J          “In the end, the decision is a piece of cake.”

K          “And as easy as pie.”

. . .

K          “And the case reveals once again that we are not one country, we are two countries deeply divided against each other.  And we are not one country with two political parties, we are two countries with one political party – the ‘War and Wall Street Party’ – divided into two divisions, the ‘D’ division and the ‘R’ division.”

J          “And a chasmic and unbridgeable divide between those two divisions.”

K          “The ‘D’ division of the Supreme Court and the ‘R’ division of the Supreme Court are two divisions of armies that battle head to head to impose and inflict their version of the Constitution on the other army.”

. . .

[See Masterpiece Cakeshop v. Colorado Civil Rights Commission, 16-111.]

[See the e-commentary at “Brown:  5 – Plessy:  4 (June 29, 2015)”, “Dividing The Divided Supreme Court In A Divided Country (October 3, 2016)”, “Five Red Rich Republican ‘Catholic’ Corporatist ‘White’ Boys . . . Versus . . .  Four Blue Comfortable Democratic ‘Jewish’ Individualist White ‘Girls’ . . . And All By-Products Of The S.I.C.  (October 2, 2017)”, “The Tsunami Hits Shore (March 24, 2014)”, “The Sea Change Is Now A Tsunami (March 11, 2013)” and other e-commentary under the Categories “First Monday in October” and “War and Wall Street Party”.]

Bumper stickers of the week:

Open to all

Let them eat cake; insist they sell it

It is a cake walk and as easy as pie

Second Annual Noble Prize In Jurisprudence (October 16, 2017)

Posted in Awards / Incentives, Civil Rights/Civil Liberties, Constitution, Courts, Judges, Judicial Arrogance, Judiciary, Justice, Law, Law School, Noble Prize in Jurisprudence on October 16, 2017 by e-commentary.org

. . .

K          “A prize dedicated to acknowledging and celebrating the work of someone who really knows something about jurisprudence and the impact of courts, judges, lawyers and police on the lives and livelihood of ordinary citizens.  Someone who lives the conviction that men and women should establish and respect some norms and standards that are promulgated clearly to all and enforced equally in favor of and against all.”

J          “The law schools are vacuous deserts of inbreeding and infighting that gestate little legal gamesters.  The bench is a magnet for wankers who played the legal game profitably and perpetuate the racket for the benefit of the judges and a few lawyers.  Is anyone qualified in America?  Is someone outside American eligible?  Give the nod to another underappreciated and overworked public defender who somehow manages to make a difference.”

K          “They were included within the group of individuals acknowledged and celebrated last year.  The recipient of the second annual Noble Prize In Jurisprudence . . . is John W. Whitehead and the Rutherford Institute for his and its dedication to the protection and defense of civil liberties and human rights.  He and the Institute are indeed public defenders of law and policy who have made and are making a difference.”

. . .

[See the e-commentary at “First Annual Noble Prize In Jurisprudence (October 17, 2016)” and “Award Deadlines (Livelines?) (July 25, 2016)”.]

Bumper sticker of the week:

I wasn’t using my civil liberties anyway

Five Red Rich Republican “Catholic” Corporatist “White” Boys . . . Versus . . .  Four Blue Comfortable Democratic “Jewish” Individualist White “Girls” . . . And All By-Products Of The S.I.C.  (October 2, 2017)

Posted in Courts, First Monday In October, Judges, Judicial Arrogance, Judiciary, Justice, Kleptocracy, Law, Schooling Industrial Complex, Supreme Court, Technology on October 2, 2017 by e-commentary.org

. . .

K          “They . . . are . . . back.”

J          “And now a majority does not have our back.”

K          “They are now poised to foist the burdens of existence on the backs of the common man.”

. . .

J          “That is the common thread.  They are all by-products of the S.I.C.”

K          “We need different products, by and by.”

J          “The common thread is that they responded to or rejected the conventional doctrine at the same narrow-minded indoctrinating institutions of the Schooling Industrial Complex (SIC).”

K          “What no one seems to get because no one seems to know and no one seems to care is that scrounging up Supreme Court Justices from the pool of Federal Appellate Court Judges is drawing the worst from the worst.”

J          “I agree.  But no one knows and no one cares.”

. . .

K          “Gorsuch may be a phenotypic Episcopalian, but he is at core a genotypic Catholic.  Thomas acquired deep scars on his journey to ‘Whitehood’ and acceptance and is also a congenital Catholic.  Breyer is intellectually female.  Sotomayor is a secular Jew.  The chasm between the five red rich Republican ‘Catholic’ corporatist ‘white’ boys and the four blue comfortable Democratic ‘Jewish’ individualist white ‘girls’ on the Supreme Court is stark and unprecedented in American history.”

J          “The country believed that it needed to get over and move beyond a debate that arose around Kennedy and his Catholicism that now cannot be raised or even intimated.”

K          “John not Tony.”

J          “John and Tony.  A person simply cannot pledge fealty and loyalty to Rome and to the U.S. Constitution.  Period.”

. . .

K          “To describe it as a war between those who want to ‘Immanentize The Eschaton’ and those who do not want to let others ‘Immanentize The Eschaton’ is too blatant for polite company.  Better to be more discrete and intimate that a group of five is quietly and surreptitiously imposing its religion as the national religion in America.”

J          “What troubles me is that the ‘Immanentize The Eschaton’ wing of the Catholics did not get a foot hold or even one lobbyist on the Court.” 

K          “What if the Court granted the current Pope the right to file an amicus curiae brief in every case?  The current Pope is a member of the ‘Immanentize The Eschaton’ wing.  Would the Supremes be obligated to listen?  To follow without question or hesitation?  That may not be so bad.”

. . .

K          “The Nobel Prize in Medicine and Physiology is to be announced today.  In the next few decades, the person who proves that an individual is born with the ‘I’ Gene or with the ‘We’ Gene may receive a much deserved Nobel.  At heart, 4.5 Justices have the ‘I’ Gene and 4.5 Justices have the ‘We’ Gene.  Kennedy may still have a heart and a soul and a recessive ‘We’ Gene.”

J          “Tony not John.  The helicopter beanie folks are developing AI (Artificial Intelligence).  They may need to develop AI (Artificial Ignorance) to substitute for the poor decisions and worse judgment of the judges and justices in America.  That is more of a challenge than anyone has contemplated.”

K          “A typical judge pays attention to a high profile case, dismisses the other cases and goes home.  The naïve engineers may not recognize that reality and instead create a sophisticated Digital Decision Device (DDD) that marshals the facts, discerns the law, finds truth, and does justice.”

J          “Unprecedented.  One can only hope.”

. . .

K          “The Supremes are deciding whether we live in a democracy or an oligopoly/kleptocracy in the context of a scam named after Governor Gerry.  The majority on the court owes their jobs to a broken political system and is not likely to fix it.”

J          “The privacy issues turn on whether each Justice personally feels threatened by the changes brought by technology not whether the ordinary person is threatened.”           

. . .

K          “The nascent thought is growing that the Supremes lack legitimacy and accountability in America.  Only the power they exercise that derives from the sword and purse maintains their dominion and domination.”

J          “They have transformed into a lobbying institution on First Street rather than on K Street with the disturbing ability to send out storm troopers to enforce their edicts.”

. . .

[See the e-commentary at “The ‘I’ Gene; The ‘We’ Gene:  Searching For The Genie In All Of Us (April 3, 2017)”, “Immanentizing The Eschaton: Your Supreme Court And The Great Religious War (October 7, 2013)”, “Adjunktification” In The S.I.C. (Schooling Industrial Complex) (March 13, 2017)”, “One Gun Per White Adult Male? A Flintlock Musket? The “One Man, One Gun” Decision (October 4, 2010)”, “Are Courts Irrelevant? Are Courts Illegitimate? (October 3, 2011)” and “The Supreme Court – Unrepresentative And Illegitimate: The 33.3 Percent Solution (October 1, 2012) and the “First Monday In October” e-commentary in 2014, 2015 and 2016.]

Bumper stickers of the week:

There is no law; there is only ideology

Fall falling; leaves leaving; winter winning