We all think we know what a photocopier is, but in a lawsuit the precise definition and use of a term can be critically important. The video linked below is a dramatization of the testimony from a real deposition in which an attorney tries to pin a clerk down on precisely what he understands a photocopier to be. In 2010, the Cuyahoga County Recorder's Office in Ohio was sued over adopting a … [Read more...]
Defense of Marriage Act Not Defendable In Court
The Defense of Marriage Act (DOMA) will no longer be defended in court by the Obama administration, according to an announcement by Attorney General Eric Holder. The Defense of Marriage Act, a facially discriminatory statute that barred federal recognition of same-sex marriages (thus preventing gay married couples from receiving the same federal benefits as heterosexual married couples), has been … [Read more...]
Misleading Government Headlines on Bankruptcy Report
Yesterday the Administrative Office for the U.S. Courts released a report entitled Growth in Bankruptcy Filings Slows in Calendar Year 2010. At first glance, one might be lead to believe that meant that bankruptcy filings had gone down in 2010. While this would be the desired political result of a government that wants people to think the economy is improving, it would not be an accurate way to … [Read more...]
Lying Cops and Rubber-Stamp Judges: What Can an Appellate Court Do?
A recent ruling from a Florida appellate court in the case of Ruiz v. State questioned the honest of the cops and the independence of the judge in a dispute over whether a defendant had given consent to a search of his home. The appellate court all but said the law enforcement officers committed perjury, and stressed the importance of trial court judges not becoming "rubber stamps" for whatever … [Read more...]
About.com Law Practice Management Guide
Image via Wikipedia I apologize for the scarcity of posts on this site over the last few months. One of the reasons the Stubborn Writer site has been neglected recently is that I've added a new website to the list of sites where I write, and it has taken some time to adjust to the new responsibilities along with everything else I try to do in a day. A few weeks ago I became the new Law Guide for … [Read more...]
Black robe disease – why the abuse of power is rampant among judges and the American judiciary
Black robe disease (also known as black robe syndrome) is a condition which is not widely known to the general public, but which every trial lawyer in the country could describe in great detail if they were not too afraid to speak out against judges suffering from it. It afflicts those lawyers who have reached the pinnacle of professional status by achieving the position of judge, infecting all … [Read more...]
