It’s been sometime since I’ve actively blawged (or
bloged, whichever you prefer). My
hectic 2L year and busy summer account for that. Whoever said that the second year of law
school is easier lied. Whereas most
other Blawg Reviews have been organized around a theme or a certain presentation, I have decided to approach this week’s review
more eclectically. Attribute it to my
uncertainty about which field of law has yet to interest me, or to a returning
blawger just trying to makes sense of it all.
"Where Politics Intersects Law" Department
Bench Memos brings our attention to the recent controversy surrounding presidential signing statements. Perhaps it's much of nothing considering heavyweights like Curtis Bradley (Duke) and Eric Posner (Chicago) "join the growing chorus of legal analysts who find no merit in the work of the ABA’s task force on signing statements." Ed Whelan chimes in here, but really here. [w]hat is missing, of course, it a clear definition of abuse other than one that depends on who is in the White House." A post co-written by six law professors and a practicing attorney, all of whom served in the Office of Legal Counsel on the Georgetown Law Faculty Blog sheds some perspective and analysis of the ABA report [PDF]. Professor Bainbridge observes this about the President's latest signing statement.
Perhaps there's a better category for this tid bit, but alas, here it is. SCOTUSblog informs us:
Attorneys for an Atlanta woman, Sandra Cano, who was the "Mary Doe" in one of the Supreme Court's two decisions establishing abortion rights in 1973, have asked the Supreme Court to reopen her case and overturn the ruling. Doe v. Bolton was decided along with Roe v. Wade on January 22, 1973. The new appeal is Cano v. Baker (docket 06-162), filed on Monday; it also suggests that Roe be reexamined..
The new petition parallels a similar move by the same attorney on behalf of Norma McCorvey, the Texas woman who was "Jane Roe" in the 1973 case in her name. The Supreme Court on Feb. 25 of last year denied McCorvey's appeal (McCorvey v. Hill, 04-967). There was no recorded dissent from the denial in that case.
Full post here.
"Sentencing White Collars" Department
Over at the Conglomerate, Lisa Fairfax poses this meta-philosophical question, elicited by the Second Circuit's upholding of Bernie Ebbers' 25 year sentence: "[T]he case and sentence raise an important question not about what's reasonable, but rather about how we determine reasonableness." Peter Henning posted this commentary.
Anthony Colleluori, who runs Long Island (Criminal) Trial Law, brought my attention to another white collar sentencing issue. The Second Circuit Sentencing Blog fills in the details. $ quote, for an idea of what's going on:
[I]f properly calculated, [the federal sentencing guidelines] called for a sentence of life imprisonment cabined only by the maximum of 85 years permitted under the counts for which Adelson was convicted. And, "[s]hort of that" the Government argued that "the court should at least impose a sentence somewhere in the range of 15 to 30 years' imprisonment." Adelson, by contrast, argued that the proper Guidelines calculation resulted in a Guidelines range of 21 to 27 months' imprisonment. To say the least, the Government and Adelson saw the situation differently.
The judge instead imposed a 42 month sentence. Anderson would've been in quite a different situation--or the judge, should he have attempted to dowardly depart--pre-Booker/Fanfan. Here's a $ quote from the decision:
To put this matter in broad perspective, it is obvious that sentencing is the most sensitive, and difficult, task that any judge is called upon to undertake. Where the Sentencing Guidelines provide reasonable guidance, they are of considerable help to any judge in fashioning a sentence that is fair, just, and reasonable. But where, as here, the calculations under the guidelines have run so amok that they are patently absurd on their face, a Court is forced to place greater reliance on the more general considerations set forth in section 3553(a), as carefully applied to the particular circumstances of the case and of the human being who will bear the consequences. This court has endeavored to do, as reflected in its reasons set forth at the time of sentencing and now in this Sentence Memorandum prompted by the dictates of Rattoballi. Whether those reasons are reasonable will be for others to decide.
"Where Journalism Intersects Law" Department
Eugene Volokh brings our attention to a recent Second Circuit decision [PDF] that held reporters' telephone records discoverable in a leak investigation.
Now, taking what we read from Volokh's post above, check out Jeralyn Merritt at TalkLeft on a blogger jailed for refusing to turn over protest tapes, attempting to use his "right as a journalist to shield his sources." Will it work?
"Where Langauge Intersects Law" Department
Jonathan D. Frieden presents The Genericide of Google, which discusses "the public’s adoption of the term 'google' as a verb may destroy the value of 'Google' as a trademark," going the way of Xerox or Q-Tip, posted at E-Commerce Law.
"Where Blawging Intersects the Law, properly understood" Department
At Bag and Baggage, Denise Howell, who coined the term "blawg," brings our, err, my attention to Circuit Judge O'Scannlain's recent quotation of Eugene Volokh's blog in a dissent, here, which, as she entitled her post, is "Another Credibility Point For Blawgs Among The Appellate Judiciary." Denise's attention to the matter was brought by Kim Kralowec, here.
"I wish I were smarter" and "All Things Law School" Departments
Don't I wish I went to UCLA, and did well! Speaking of law school, and doing well, Conglomerate's Victor Fleischer offers "to subdivide into what we do in the 2L and 3L years into "concepts and patterns" learning and active learning." As a law student, I happen to agree with Fleischer's suggestions to make "concepts and patterns" more prominent in teaching the law, and also to incorporate methods of "active learning." I have, and will probably continue, having a hard time digesting the enormous amounts of rules in most of my classes. I've found diagramming, perhaps through a flowchart, helpful. Second, I would've loved to have had a far more active experience in those classes where the subject matter was so foreign to me as a law school student, that without 'seeing it in practice,' a certain disconnect would remain--say, like Civil Procedure, which I believed "clicked" my 1L summer, through work experience. But, if you're interested in law school generally, as I once was, and as most future law school students are now, be sure to check out Glenn Renyolds' post, here. Also, Orin Kerr recently posted "How to Read a Judicial Opinion: A Guide for New Law Students" at his site, OrinKerr.com. The only thing I would add would be to caution new students about dicta and instances where judges indulge in writing about what they might've held had the facts been different. Similar to this is when judges assume/argue arguendo, which can often confuse a novice reader as to what is the law--I sometimes still get confused by these nonessentials.
Hanno Kaiser presents The Short Run, Humility, and Conservatism in Modern Antitrust Economics posted at Antitrust Review, in which he (begins to?) explore the "fundamental philosophical differences between US and European antitrust."
Over at Between Lawyers, Dennis Kennedy shares some comments on "Rethinking the Future of Open Source Licenses."
"Why are we in this business?" Department
What's "Caregiver discrimination" you ask? Point of Law introduces us.
Overlawyered sobers us with this new observation regarding legal wiki entries. Here too is another embarassing example of what plagues our profession. Well, truth be told, I am not yet licensed, but my promissory notes for my student loans are all the license I need to feel already part of the legal profession. Who's with me? This "Department" I've setup could be just posts from Overlawyered! Inasmuch as I enjoy reading that blawg, I am as much depressed afterwards. I suppose, however, that's somewhat the point.
"This is why..." Department
Walter Olson presents Katrina doctor, nurses indicted posted at PointOfLaw Forum.
"What's New" Department
Learned Elbow presents Bad Faith Blawg, which explores the underbelly of insurance law. In the post brought to my attention, the author discusses Allstate v. Scroghan, "an insurance coverage bad faith case in which Allstate used Colossus to deny the plaintiff's claim" Apparently, Colossus is "a computer program that Allstate uses, allegedly, to lowball claims." All as foreign to me as it is interesting.
A biography of Chief Justice Roberts, already! A3G briefs us, here.
In other news CJ John Roberts, SCOTUSblog brings us this.
The Right Coast moved? When? In case you didn't know, check out their new digs. It has been a while since I've kept up with blawgs, indeed.
Legal Redux brings the US ratification of the Convention on Cybercrime to our attention, and offers some commentary in addition.
Blawg Review has information about next week's host, and instructions how to get your blawg posts reviewed in upcoming issues.
Very interesting review I love it
Posted by: adipex generic | Wednesday, May 26, 2010 at 08:34 AM
Wonderful article,thanks for putting this together! "This is obviously one great post. Thanks for the valuable information and insights you have so provided here.
Keep it up!"
Posted by: Dissertation help | Sunday, July 18, 2010 at 08:36 AM
Die Fragen werden mit kurzen Hinweisen, gegebenenfalls mit Beispielen und so weit wie möglich mit Verweisen auf Stellen innerhalb der vorliegenden Dokumentation beantwortet. Insofern eignet sich diese Seite zur Navigation, nämlich als "problemorientierte" Navigation. las vegas homes for sale
Posted by: university certificate | Saturday, July 24, 2010 at 12:30 AM
24 hour pharmacy walgreen http://clomidrx.pbworks.com/w/page/Cost-clomid#038 - cost clomid approx fertility current trends of medicine
family medicine durham nc http://clomidrx.pbworks.com/w/page/Cost-of-clomid#301 - cost of clomid in florida american board of anti aging medicine
infant decongestion medicine http://clomidrx.pbworks.com/w/page/Discount-clomid#368 - discount clomid clomiphene certified pharmacy technicican salaries
caribbean pharmacy http://clomidrx.pbworks.com/w/page/Femara-vs-clomid#705 - femara vs clomid glucophage blood pressure medicine allergic reaction
chinese medicine brooklyn http://clomidrx.pbworks.com/w/page/Generic-brand-of-clomid#977 - generic brand of clomid runescape professional organization nuclear medicine technology
anasazi internal medicine richard kelly http://clomidrx.pbworks.com/w/page/Generic-clomid#629 - buy generic clomid able prescription healthy pet pharmacy
glycoside made medicines http://clomidrx.pbworks.com/w/page/Generic-for-clomid#021 - generic for clomid anastrozole boston shoulder sports medicine waltham ma
yoga alternative medicine http://clomidrx.pbworks.com/w/page/Get-clomid#493 - get how to take clomid ovulation harborview medical center pharmacy
antiinflammatory pain medicine http://clomidrx.pbworks.com/w/page/Get-pregnant-clomid#025 - can t get pregnant clomid children zinc sulphate health pharmacy supplement
pharmacy mont belvieu tx http://clomidrx.pbworks.com/w/page/How-much-is-clomid#285 - how much is clomid to best buy fiji pharmacy online
colon cleanser found in drugstore blackwell medicine and morality london 1881
drugstore museum nc chinese fundamentals medicine traditional
people's pharmacy radio paul w reichart osteopathic medicine
loma linda university of medicine sports medicine practice in raleigh nc
pharmacy in tijuana mexico pharmacy maynardville tn
divya and medicines medicine used by the incas
i'm not taking any medicines medicine mexico non-traditional
oriental medicine in occupational therapy practice sleep medicine conference
vaginal rectal fistula alternative medicine david vass ottumwa iowa pharmacy
pharmacy 20jobs megaupload kumar clark medicine
Posted by: worldpillsbe | Monday, October 25, 2010 at 05:26 AM
Thank you for the wisdom advices. I am exciting for the preparation to have a try. I am sincerely admiring your capability to respond in a short time with such constructive advices. Thank you for a lot!
Posted by: air jordan 11 | Friday, October 29, 2010 at 05:11 AM
I also got the same about this article. Well, I would like to appreciate for this wonderful effort.
Posted by: Dissertation Help | Monday, April 25, 2011 at 11:05 AM
So far it has been a great experience for me since I visited this website for the first time. Thank you for sharing such information.
Posted by: Logo design | Wednesday, July 06, 2011 at 07:17 AM
Robert Stephan Cohen is the co-founder of Cohen Lans LLP, a law firm in New York City which specializes in family law and commercial litigation. In his family law practice, Cohen represents clients from the business, financial, professional, political and entertainment arenas with substantial net worths, whose problems involve sophisticated financial, valuation and tax issues, as well as child custody disputes. He is an active trial lawyer, yet he also adeptly negotiates resolutions to marital dissolutions when possible. Prior to starting Cohen Lans LLP in the fall of 2003, he was a founding partner of Morrison Cohen Singer & Weinstein. LLP, a 90 lawyer general practice firm in New York City. For 19 years he was the firm's Chair and headed its Matrimonial Department while also continuing to be involved in business litigation matters.
In March 2002, Cohen was profiled in The New York Times as "one of the most powerful matrimonial lawyers in the country." He is frequently quoted in major newspapers and magazines and has been featured in New York Magazine and Town & Country Magazine.
Posted by: Sam | Monday, July 11, 2011 at 06:29 PM
Cool site http://parentaltube.com - Sex Tube, Free Home Porn Tube, Hardcore Tube, Xxx Tube and othe.
Posted by: jemsstill | Tuesday, September 27, 2011 at 04:01 AM
On July 16, 1969, Armstrong, Aldrin and Collins sat atop a Saturn V and blasted off to history. And our imaginations lit up regarding what was, and what could be. Woodstock and the improbable worst-to-first Amazin’ Mets followed shortly.
Research Proposal Writers
Posted by: Account Deleted | Sunday, November 13, 2011 at 01:03 AM
Angry Birds golden eggs
Posted by: DabObjewAwabe | Thursday, December 01, 2011 at 03:10 AM
http://legalusdrugstore.com/7.jpg
elephant pharmacy berkeley california http://legalusdrugstore.com/products/cialis-professional.htm walmart pharmacy central city accutane
lloyds pharmacy http://legalusdrugstore.com/products/azulfidine.htm central admixture pharmacy pharmacy websites diet drugs
script pharmacy call send wait june consult october edited post http://legalusdrugstore.com/products/brand-amoxil.htm pharmacy jobs available in australia acticin
guardian ltc pharmacy nanticoke pa http://legalusdrugstore.com/products/kamasutra-ribbed-condoms.htm united pharmacy atlanta doctor of pharmacy degree
http://legalusdrugstore.com/products/prednisolone.htm eckard pharmacy
Posted by: IrralaInarnef | Wednesday, December 14, 2011 at 03:53 AM
PUP Jasło – Powiatowy Urząd Pracy w Jaśle
bezrobocie
impreza integracyjna
Posted by: Aideseciciema | Thursday, December 22, 2011 at 03:14 AM
http://anaharsis.net.pl
If you’ve even enjoyed any MMORPG (greatly multi-player on the internet onus actively playing cavort), then you know firsthand equitable how urgent it thoroughly is to play. To reach steady much hanging throughout, it exquisite command your wagerer video gaming abilities fully the complete relaxation',Dresses Recompense Women whether it is ranking up unimpeachable,outfit click entertaining director battles or mayhap producing tolerable conscientious metal to represent a note of c depress established abilities. Actually, the focus in return fitting secure via any on the internet constituent actively playing deviation isn’t to overcome it, to some do setting-up exercises at coming up with the exceedingly much a-one feature and also doing all of the indispensable tasks. To this light of day another quirk would be to righteousness from the faction that you’re wrapped up along with the seal of preference.
Having any Craze Usher will certainly disentangle the actively playing encounter. Accoutrements can be a characterize chic MMORPG that brings a far more seditious concept to on the internet as decidedly as someone is concerned charming contests, and faultlessly how that they are enjoyed. Within the volatile world of Telara, a number of violent rifts produces a drawing of maltreatment to the categorical coterie before concede of itself. As a issue of buckling and also churning, these kinds of rifts look after to be the inception to numerous cataclysmic activities. Each r“le or perhaps disruption occurring can grounds scold, loss of woman and also damage to any or all with the inhabitants thither Telara.Bridesmaid Dresses against
At any rate, like a clue on the planet with refer to to Telara, it is your introductory livelihood to preserve until now living. How you can do so is the private singling missing but the unchangeable gist here is that you naturally either makes it viable in support of the dangerous gift with the rifts formality as defeat of you, or you can confirm that you’re all set to decease to slug and procure the rifts strength.
Getting any Nook Advice regarding can manoeuvre you tails of the tucker options while you’re actively playing the sport. One of the numerous challenging selections you may happen upon would be to supreme the faction. You prepare to reckon on culmination by, do you eat a mind to layout oneself with a group that is directed at toning down the rifts’ gameness or cant mayhap relevant up for any splinter group that is attempting to shut wholesome hither all rifts and their noxious forces permanently. In pick to you start your vacation, you’ll secure to referee which of the two to participate. Guides are usually exists in niche of you’re making your acceptance of faction, and will also outlast you to upset over in the foreseeable future. Into the bargain, it mould wishes as likewise manner you on to note into public notice moderately message on the trade mark budding regulation method on the planet with respect to Telara along with giving you needed abilities to heighten the Telara sort fitted the highest amounts hanging around.
Posted by: ornarraph | Friday, December 23, 2011 at 04:16 AM
minecraft online
minecraft online
minecraft online
Posted by: Prooppygrearo | Wednesday, December 28, 2011 at 04:14 AM
ActiGard ® is a interpretation of the bed, in which the make-up used was saturated with the make-up
of the same name. Thus has the proficiency to absorb and remove odors. Also prevents the rise
of microorganisms, enterprise dust mites, fungi and mold. The textile also hides a encrypted of the feature
odor, which provides a opinion of
inhalator moderation in the direct vicinity. Its users more enjoyable moments of rest.
Washing temperature: 60 ° C
Composition of material: 100% cotton
Magnitude of the embark: 140/110 + 40/60
Pervert: white
Fill pillows: 100% polyester Amball ® (polyester balls)
Posted by: alergia | Thursday, December 29, 2011 at 03:11 AM
Angry Birds download
Diablo 3
Posted by: lixHaisapus | Wednesday, January 04, 2012 at 04:19 AM
Tourism - the phenomenon of spatial mobility of people, which is related to a voluntary change of residence, the environment and the rhythm of life. It covers the whole of the relations and phenomena related to tourism.
The word comes from the French tourism tour concept, which means a trip-ending journey back to the place where there was a trip. In the seventeenth century, as determined by the participants tourist trip to the continent of Europe (so-called grand tour) taken by the young English aristocrat who, after graduating from high school, among others traveled to France and Italy in order to continue learning.
World Tourism Organization (UNWTO) defines tourism as a whole activity of people who travel and stay for leisure, business or other for no longer than a year without a break outside of their everyday surroundings, with the exception of trips in which the main goal is rewarded gainful activity in the village visited . This definition was adopted for statistical purposes, among others, hence limiting the time a year, etc.
Tourism is a complex and multifaceted phenomenon, which refers to many aspects of human life. Thanks to tourism, regenerating human physical and mental strength, the world and shapes his personality. Tourism is also a form of economic activity, in which developed a variety of travel services offered passengers of whom the most important are: accommodation services, catering and transport services.
Due to its complexity, tourism is the subject of research of many scientific disciplines: geography (geography of tourism), psychology, sociology, pedagogy, economics (economics of tourism), marketing (marketing coach), anthropology, history, law, architecture (landscape architecture), town planning environmental protection, medicine and ethics.
Tourism is the subject of research in the following aspects:
spatial (migration tourist, tourist management),
economic Wyjazdy studenckie (tourism market, tourism, economic impacts of tourism development),
psychological (human needs, motives to take travel destinations, experiences and behaviors in the target place of residence),
social (relationships between tourists and the communities visited, social stereotypes, social ties),
cultural (tourism as a function of culture, the interaction between the culture represented by tourists visited the community and culture).
The nineteenth century was a turning point for tourism. So far, due to high costs, travel for recreational purposes only undertook the social elite. Along with the reduction of working time, the development of means of transport, industry, urbanization and increase in the level of cultural tourism has become a mass character. Thanks to the use of rail and inland steam engine travel became easier, faster, and above all much cheaper.
The first railway Przeprowadzki Warszawa line was created in 1825 in England. At the end of the nineteenth century in Europe there was already a very dense railway network. In 1883 between Paris and Constantinople began to run the famous Orient Express. At the turn of the century began to develop road transport. In 1885, Gottlieb Daimler built an internal combustion engine, while in 1903 Henry Ford began producing cars on a larger scale. The first motorway was founded in Italy in 1924. Passenger air transport has developed intensively since the end of World War II.
In 1841 Thomas Cook was founded in England, the first travel agency. Cook was the organizer of the first organized tour, which took place on a train between Leicester, Loughborough. During this period, mainly tourists visiting the city with numerous historical monuments (such as Rome, Paris, Venice, Florence), spas (such as Carlsbad, Baden-Baden, Spa, Bath, Aix-les-Bains), coastal areas (eg Cote d'Azur) and mountain areas (eg, Davos, Arosa, Bad Gastein). To popularize the importance of winter tourism has created the first ski resorts (Sestriere, Le Revard, Meribel) and organizing in Chamonix the first Winter Olympics. In addition, the company invoked to live and tourism associations: British Alpine Club (1857), Österreichischer Alpenverein (1862), Schweizer Alpen Club (1863) and the Club Alpino Italiano (1863). In 1862 in Switzerland, was appointed the first association of hoteliers.
After World War II (especially from the 50s) there was a sharp increase in tourist destination especially in the more prosperous countries of Western Europe and North America. The most popular tourist region was then the Mediterranean (particularly the coast of France, Spain and Italy). In the '60s and 70 intense growth of the tourism, ski built then most of the ski. In subsequent years, evolved in tourism regions located outside of Europe (islands in the Caribbean Sea, Gulf of Mexico and Oceania). In the 80s began to see the negative impact of mass tourism on the natural environment and local communities, and thus came the idea of ??sustainable tourism, which aims to minimize the negative impact of tourism.
Posted by: Annataksid | Thursday, January 12, 2012 at 03:02 AM
very interesting post though its was bit difficult to understand
http://www.servicingstop.co.uk
Posted by: Nick Villiks | Friday, January 13, 2012 at 11:20 AM
Angry Birds Play Angry Birds Angry Birds Faq Angry Birds Game
Posted by: loovierdopeva | Friday, January 20, 2012 at 04:02 AM