You can get all the details about what’s happening today, now that the federal government is THISCLOSE to hitting the debt ceiling – which is akin to having a zero balance in your checking account, and then maxing out your credit cards – in today’s article in the Washington Post, “Treasury to tap pensions to help fund government.”
Some are calling for the feds to sell off some of that gold. Others say that’s just stupid, to go and sell primo assets. It would cause the price of gold to nose dive. And, after all, just a short-term glitch.
Seems to me that selling gold is analogous to what people do when they’re broke and there’s not enough money coming in: they go through the closets, and find things like jewelry, guns, artwork, stereos – and they sell them to get some cash.
I remember during my divorce being really cash-strapped and selling a collectible doll for around $1000.00. I didn’t care that much about the doll (it wasn’t one of my Madame Alexander’s) and that money was sorely needed.
I also recall a former client who owned a series of pawn shops. She made a very, very nice living off of folk who pawned these kinds of things to get some fast cash.
Too bad that the federal government doesn’t have that pawn shop option. Or does it?
5/16/2011
4/26/2011
Big Event This Week Isn't the Royal Wedding -- It's the Fed Reserve Chairman's First Press Conference. Ever.
Tomorrow, for the first time in the history of this country, the Federal Reserve Chairman will hold a press conference. Ben Bernanke goes in front of reporters at 2:15 EST ... why that time exactly? The markets close 45 minutes later, at three o'clock.
I don't know about you, but this has me thinking lots of things. What will this do to gold and silver prices? What's he going to say about interest rates? And, isn't this a nice way of avoiding talking directly to Congress, under oath?
It's reported that Ben Bernanke is going to be doing these press conferences from now on. Quarterly.
What are we to make of that, as well?
Next thing you know, we'll have the Chief Justice of the Supreme Court having periodic photo ops with Q and As with the main stream media. I mean really.
I don't know about you, but this has me thinking lots of things. What will this do to gold and silver prices? What's he going to say about interest rates? And, isn't this a nice way of avoiding talking directly to Congress, under oath?
It's reported that Ben Bernanke is going to be doing these press conferences from now on. Quarterly.
What are we to make of that, as well?
Next thing you know, we'll have the Chief Justice of the Supreme Court having periodic photo ops with Q and As with the main stream media. I mean really.
4/12/2011
TV Shows That Take From Pending Cases: Harry's Law and the Case of the Big Firm Who Failed the Death Row Inmate
I don't know if you caught any of the new David E. Kelley television series, Harry's Law, but it's online for free if you want to catch at least the season finale, "Last Dance." I liked the show - even though admittedly it probably jumps the shark at least once an episode on the political soapbox platform stuff - and I hope it returns next year. And that's not just because Kathy Bates is the lead, not some big-haired younger actress with stillettos, a smart mouth, and a love interest. I like Castle, too.
Anywho. The episode became a bit more fascinating than merely entertaining to me when I began to realize that the storyline was a twist on an actual miscarriage of justice that Terry Lenamon and I have been monitoring over at the Death Penalty Blog.
It's really true that a mother calling to check the appellate clerk's docket was the one to inform the fancy schmancy law firm that there had been a ruling. After the deadline to appeal that ruling had passed, of course. What to do? The man faced execution.
That's right: unless some lawyer or judge pulled a rabbit out of a hat, a man would die because of a law firm mailroom messup. Talk about form over substance.
In the television show, the inmate is played by the same actor who portrayed Michael Oher in The Blind Side. Quinton Aaron. He's good, I hope he gets more roles.
In real life, the inmate is Mr. Cory Maples. The law firm that messed up is the highly esteemed Sullivan & Cromwell.
What really and truly happened is this (quoting from the DP Blog):
For Cory Maples, we must wait on the United States Supreme Court. They took the case last month; however, their review is limited to only one argument (no. 2) in his petition for writ of certiorari. Here's that question:
Now, we wait on the vote.
The docket for the Supreme Court's decision about Cory Maples can be followed here.
The schedule for Harry's Law? Right now, I don't know that the show has been renewed. Apparently, NBC won't decide until mid-May, after its advertisers get together and vote or something (story here).
Anywho. The episode became a bit more fascinating than merely entertaining to me when I began to realize that the storyline was a twist on an actual miscarriage of justice that Terry Lenamon and I have been monitoring over at the Death Penalty Blog.
It's really true that a mother calling to check the appellate clerk's docket was the one to inform the fancy schmancy law firm that there had been a ruling. After the deadline to appeal that ruling had passed, of course. What to do? The man faced execution.
That's right: unless some lawyer or judge pulled a rabbit out of a hat, a man would die because of a law firm mailroom messup. Talk about form over substance.
In the television show, the inmate is played by the same actor who portrayed Michael Oher in The Blind Side. Quinton Aaron. He's good, I hope he gets more roles.
In real life, the inmate is Mr. Cory Maples. The law firm that messed up is the highly esteemed Sullivan & Cromwell.
What really and truly happened is this (quoting from the DP Blog):
... two New York associates from swanky Sullivan & Cromwell walked into an Alabama trial court, post-conviction (pro hac vices granted), and filed a motion under Rule 32 of the Alabama Rules of Criminal Procedure. Thereafter, the two associates left the law firm, and when the court clerk sent out notices that the Rule 32 motion had been denied (tick tick tick of the appellate clock), Sullivan & Cromwell returned the notices: "return to sender."
Of importance, the Rule 32 Motion was denied in part because of (1) failure to state a claim and (2) asserting arguments that were to be made in direct appeal. Also of importance, their signature blocks never gave the firm's name, just the individual attorneys -- and yet, the law firm kept the representation after the two lawyers left its employ, learning of the missed appellate deadlines only after their client's mother called to check on status.We'll have to wait until next season to see what Harry's law firm does to save their fictional Death Row inmate - who had a 30 day ticker before his scheduled execution date.
For Cory Maples, we must wait on the United States Supreme Court. They took the case last month; however, their review is limited to only one argument (no. 2) in his petition for writ of certiorari. Here's that question:
Whether the Eleventh Circuit properly held - in conflict with the decisions of this Court and other courts - that there was no "cause" to excuse any procedural default where petitioner was blameless for the default, the State's own conduct contributed to the default, and petitioner's attorneys of record were no longer functioning as his agents at the time of any default.
Now, we wait on the vote.
The docket for the Supreme Court's decision about Cory Maples can be followed here.
The schedule for Harry's Law? Right now, I don't know that the show has been renewed. Apparently, NBC won't decide until mid-May, after its advertisers get together and vote or something (story here).
3/22/2011
Google Books Settlement Nixed by Judge Chin - But Why Does He Rule Here? What Happened to the Jurisdiction of the NYSD Trial Court Bench?
The Google Books Settlement Agreement that required court approval didn't get it. Today, Judge Denny Chin of the U.S. Court of Appeals for the Second Circuit (an Obama appointee coming out of the New York Southern District Court) released his decision in a written opinion that can be read online at the Southern District of New York's website.
Go here to read the Google Books Settlement Agreement Order of March 22, 2011, in its entirety.
Apparently, Judge Chin ruled on the case since it appeared before him at the lower level trial court when he presided as a judge in the New York Southern District - though he's now in a new position on the appellate bench. He doesn't work there anymore.
Nevertheless, he's signed the Opinion, alone, as "sitting by designation," and ruled in a way that impacts the trial court's docket by keeping this huge case on its trial calendar. The Order includes a setting for the next motion hearing, for example. (I've heard of a district court judge sitting by designation on a higher appellate bench, but this is the reverse of that situation: it's an appellate judge jumping down to the lower tier to make a ruling.)
Is it just me, or shouldn't the trial court have retained jurisdiction and the judge currently setting on the district court's bench be the one to issue this opinion - or at least signed the thing? I'm sure that the phrase "sitting by designation," is supposed to answer all my questions here.
But sitting down here in Texas, I'm thinking how curious it is for a judge on the appellate bench to make this sort of impact - on the trial court he's no longer with, as well as all the parties to this settlement deal. After all, this was a negotiated deal between all the parties.
Plus, in November 2009, a Court Order gave a temporary thumbs-up to the settlement (see it here). On that basis, Google has moved forward, relying upon that okey-dokey. That Order was signed by Judge Chin.
And in that November 2009 Order's last paragraph, signed by Judge Chin (see paragraph no. 30), it states:
Go here to read the Google Books Settlement Agreement Order of March 22, 2011, in its entirety.
Apparently, Judge Chin ruled on the case since it appeared before him at the lower level trial court when he presided as a judge in the New York Southern District - though he's now in a new position on the appellate bench. He doesn't work there anymore.
Nevertheless, he's signed the Opinion, alone, as "sitting by designation," and ruled in a way that impacts the trial court's docket by keeping this huge case on its trial calendar. The Order includes a setting for the next motion hearing, for example. (I've heard of a district court judge sitting by designation on a higher appellate bench, but this is the reverse of that situation: it's an appellate judge jumping down to the lower tier to make a ruling.)
Is it just me, or shouldn't the trial court have retained jurisdiction and the judge currently setting on the district court's bench be the one to issue this opinion - or at least signed the thing? I'm sure that the phrase "sitting by designation," is supposed to answer all my questions here.
But sitting down here in Texas, I'm thinking how curious it is for a judge on the appellate bench to make this sort of impact - on the trial court he's no longer with, as well as all the parties to this settlement deal. After all, this was a negotiated deal between all the parties.
Plus, in November 2009, a Court Order gave a temporary thumbs-up to the settlement (see it here). On that basis, Google has moved forward, relying upon that okey-dokey. That Order was signed by Judge Chin.
And in that November 2009 Order's last paragraph, signed by Judge Chin (see paragraph no. 30), it states:
The Court reserves jurisdiction over the subject matter and as to each party to the Amended Settlement Agreement ....
I would argue that when Judge Chin accepted the appointment by President Obama and left the trial court bench for a new job on the appellate court, one of the things he left behind was the Google case. Whoever replaced him on that trial court bench got that open matter -- as reflected in the language of the November 2009 Order signed by Chin -- and that there's a big jurisdictional argument to be made here.
In other words, where does Chin have jurisdiction to rule? Sitting by designation? Is there an Order or something that gives him continued authority here? Where is it? Why isn't his power to rule referenced in today's ruling?
3/17/2011
Japan News, How to Help Japan: Say What U Want About Google, Google is a Big Help Today
Hate Google, Love Google - there's no debate that Google is really johnny-on-the-spot today. Google has put together a great page on all things dealing with Japan and the nuclear disaster, the earthquake aftermath, and the effects of the tsunami.
Go here to check it out.
Under the heading "Google Crisis Response," the folk at Google have put together all sorts of links and info blurbs (available in Japanese, English, and other languages) that do many things:
1. tell you how you can help those suffering in Japan;
2. help you locate those who are missing after the Japan earthquake and tsunami;
3. give you the latest news on the Japanese nuclear radiation dangers;
4. show you maps of Japan and the surrounding impact site areas;
5. give you phone numbers of agencies to help in Japan and here in the US;
6. allow you to follow along on tweets coming out of Japan in realtime;
7. give you forums so you can chat with others about the Japan nuclear crisis, or the Japanese tsunami/earthquake;
8. provide you with videos of what's happened and what's happening in Japan;
9. give you a satellite viewpoint of the area impacted in Japan; and
10. give locals info on rolling blackouts throughout Japan, refugee sites, etc.
Good for Google. This is a wonderful and amazing contribution on their part. Helps us all.
Go here to check it out.
Under the heading "Google Crisis Response," the folk at Google have put together all sorts of links and info blurbs (available in Japanese, English, and other languages) that do many things:
1. tell you how you can help those suffering in Japan;
2. help you locate those who are missing after the Japan earthquake and tsunami;
3. give you the latest news on the Japanese nuclear radiation dangers;
4. show you maps of Japan and the surrounding impact site areas;
5. give you phone numbers of agencies to help in Japan and here in the US;
6. allow you to follow along on tweets coming out of Japan in realtime;
7. give you forums so you can chat with others about the Japan nuclear crisis, or the Japanese tsunami/earthquake;
8. provide you with videos of what's happened and what's happening in Japan;
9. give you a satellite viewpoint of the area impacted in Japan; and
10. give locals info on rolling blackouts throughout Japan, refugee sites, etc.
Good for Google. This is a wonderful and amazing contribution on their part. Helps us all.
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