Tuesday, February 24, 2009
If the term limit is to be changed by a Constitutional amendment, the opportunity should be taken to also exclude anyone who has passed 1L from serving on any appellate bench in the No evidence exists to support the exclusivity of lawyers. The senseless, mind boggling decisions are res ipsa loquitur evidence for excluding the lawyer. Putting puking, alcohol besotted bums from the gutter as Supreme Court Justices would result in an immediate upgrade in the logic, lawfulness, and clarity of Supreme Court appellate decisions.
While messing with the Supreme Court in the Constitution, the number of Justices should be mandated to be an even number, preferably in the hundreds. If the Court will unlawfully change laws, let it be more legislative in size. The even number would also eliminate the opprobious effects of those 5-4 decisions. It would make the court more conservative in the sense that tie votes let the lower court decision stand.
Monday, February 23, 2009
I doubt this trend. It is nearly impossible to win a legal malpractice case. Say the odds of wining a single negligence trial is 50%. One must win two trials, show the usual elements of professional malpractice. Then prove that the original case would have been won, so the odds are 25%. If that takes place, the defendant will still claim the attorney judgment rule.
Now prove the ability to collect after winning both trials. Say, 50% again. So, the odds are 1 in 8 of winning, assuming strong evidence. The judge is a lawyer and is totally biased in favor of his campaign donors, mostly attorneys. So the 1 in 8 chance represents a marked overestimate of the chance of success, since sabotage of the plaintiff is ongoing the entire trial.
Sunday, February 22, 2009
Lawyer Hierarchy Punishes One of Its Own. She Dared to Impose Justice on a Rent Seeking Lawyer Client
This is raw rent seeking by the criminal lover lawyer hierarchy. These threats to the safety of the community must resign, get impeached, or get street justice to drive them out of town. Her trial itself will generate jobs for lots of lawyers.
I suggest generating more lawyer jobs by filing ethics complaints against the lawyers who complained, and against the judge that indulged these criminal lover rent seeking threats to the safety of the public. When the Master is named, file complaints against him, and use every sentence he utters as a violation of judicial ethics, since the case has an improper motive, vengeance by criminal lover defense lawyers.
Thursday, February 19, 2009
Sunday, February 15, 2009
How about this instead, growth of government promoter, left wing ideologue?
All citizens carry weapons.
All pro-criminal, lawyer, sick, traitor doctrines get repealed. There is a duty to kill criminals. There is immunity for the citizen killing the criminal. There are fines for failing to fire a weapon at a criminal.
The lawyer loves the terrorist and caused 9/11. The 9/11 Commission covered up the role of the lawyer in its cause. The lawyer prevents the total eradication of the enemies of the United States. The lawyer puts lawyer jobs above the safety of the public. The lawyer put a wall between the CIA and the FBI. All political correctness is case and promotes lawyer jobs. The taking of three airliners would have been less likely in another country. The American male has been lawyerized, and only certain death will unleash his heroism. The lawyer is embedded with our male warriors. This traitor has cancelled tactical decisions down to the squad level. One prevented the firing of a rocket from a drone at the limousive Mullad Omar. It goes on.
The point is that the lawyer rent seeking enterprise must be stopped if we are ever to be even a little safer.
Saturday, February 14, 2009
It should begin with e-discovery of the adverse lawyer's computers for improper motive. If the judge makes an adverse ruling, his computers should get a forensic examination for bias.
There is a guideline maker duty to do no harm. These cult indoctrinators are generating self-dealing, anti-scientific, garbage guidelines. Any use by a judge represents insurrection against Article I Section 1 of the US Constitution and its state equivalents.
Hat Tip to Prof. Chris Robinette.
Before Embezzling, File an EEOC or Human Resources Harassment Complaint. Supreme Court Calls Firing Retaliation
If I were an office embezzler, I would file multiple complaints with the EEOC, and with Human Resources department. I might make more money from the retaliation lawsuit than from the embezzlement.
There was no dissent. The vote shows that lawyer rent seeking, job generation trump all political ideology on the Supreme Court.
That leaves the US. What can be done to increase productivity?
1) Mercilessly crush the obstacles. The biggest obstacle are the Democrat, the lawyer, the Commie. These are synonyms. Pass laws excluding anyone who has passed 1L from all benches, all legislative seats, all policy positions in the Executive. Laws exclude the convicted felon, who is far less damaging than the lawyer.
2) The rate of R & D should be 20% of the GDP, not 2%. That is the fraction for high tech industries. Become a high tech economy, especially in life sciences. Once recognized, a slow increase in that fraction can be pushed.
3) Corporal punishment returns to school, and lawyer entitled parents are crushed, as are lazy, incompetent, anti-learning teachers unions. End all higher budgets for special ed. Put the money into productive students. High tuition for disabled kids is from garbage science, has no merit, and is a total waste. Force education on everyone. Brook no resistance to school discipline. The idea of uneducated, full time Roman Orgy lifestyle kids, parasites, enabled by the vile lawyer traitor on the bench, is over. If kids fail to improve standardized scores for two years, have the principal be fired, as a regulation. Any principal caught cheating goes to prison.
Benefit from the bailouts, by enacting controls on the lawyer profession, or just keep going downhill. Live as they do in South America or Europe, like pigs.
Tuesday, February 3, 2009
1) All money comes from the general public.
2) All safety improvements have come from technology development. None has ever come from a torts action.
3) The standard of prudent behavior is set by a fictional character. No juror is allowed to consider the ideals or behavior of a real person. The reason for this reliance is to make prudence an objective standard. Instead, this ridiculous doctrine of using fictional characters as arbiters is to impose the subjective bias of the judge in the case on the defendant.
4) At the core of negligence is duty. Duty is determined by the foreseeability of harm. There is foreseeability. The sun has risen in the East and set in the West millions of times without exception. The foreseeability of an accident is rarer, more like a that of a winning lottery ticket, true even in the most dangerous situations. The burden of proof in a civil trial is the preponderance of the evidence. That means the evidence makes it a minimum of 51% likely that the plaintiff is right. That is a natural landmark for foreseeability. However, defendants lose cases in which the rate of injury is in the foreseeability range of lottery winning numbers. These verdicts violate the procedural due process of the civil defendant. Worse, across cases, the foreseeabilities have very wide ranges, as do the damages for equivalent injuries.
5) Torts remains mired in Medieval misconceptions, and espouses the chain of causation. That chain may be interrupted by an unforeseen, unintended factor. That breaks the chain of legal causation and ends the case. Modern catastrophe analysis focuses on the clustering of factors. There may be 12 in a catastrophe, all coming together in an instant. If one of them is prevented or fails to take place, the entire catastrophe may not take place at all. So all defendants are being scapegoated for catastrophes that took place after 12 other factors, parties, and happenstances clustered randomly sometimes. This scapegoating violates the procedural due process rights of civil defendants to a fair hearing.
6) Most of the cost of torts is consumed by providers. Victims see little money. Even if the verdict is large, it may be for future care, and the medical profession consumes it.
7) There is no price for permanent, devastating injuries. No one would trade such an injury for any amount of money. Most people would be willing to spend an infinite amount of other people's money to avoid one for themselves. There is no market for injuries to price one. The verdict is payment for something that does not exist. It is like selling stock in a company that does not exist. Such sellers would go to prison, as a rule. The range of payment is wide for equivalent or for the same injury. This wide range violates the procedural due process rights of the civil defendant.
Sunday, February 1, 2009
The website for the study.
Although the field of the law is called evidence, its meaning is not the same as the ordinary meaning. The core of scientific evidence is repeatability. Repeatability of outcomes across cases also defines justice. So the law and science have superficial similarity in values. However, the power and immunities of the law have allowed it to remain mired in Medieval notions of evidence. The rules of evidence should be rewritten to exclude any anti-scientific unvalidated evidence. The limits of memory should be acknowledge. Lawyer gotcha games should be excluded. And physical evidence should be required in any case involving subjective reports.
Until the Rules of Evidence can be written by scientific people, and not by rent seeking, Scholasticism indoctrinated lawyers in failure, the report represents a checklist of rebuttal of incompetent evidence gathering.
Not only is the lawyer allowing massive criminal victimization, especially of minority populations, but he is convicting innocent people.
All prosecutor, all judge, and all expert immunities should be ended by statute. The victims of the lawyer and of his client, the criminal should be able to get compensated for injuries from their carelessness.