Case updates and commentary for insolvency professionals in Texas and beyond. Blogs. Blog is a contraction of the term web log. It is nothing more than a personal website where a person can upload “posts” and allow comments. While blogs were once the subject of personal ramblings of interest to no one other than the author, there are many good legal blogs. Blogs are beginning to be cited in judicial opinions. See, e.g., In re General Motors Corp., 2009 Bankr. LEXIS 1687 (Bankr. S.D. Chief Disciplinary Counsel v. Cohen, 2010 Conn. Super. LEXIS 3038 (Conn. My blog is A Texas Bankruptcy Lawyers Blog. Blogs qualify as new media because they are do-it-yourself media. Anyone who can access the internet can create a blog. Blogs can have an interactive feature through the comments section. However, a blog requires a strong following to have a lively comments section. List-serves. List-serves are a connected series of email addresses allowing members to communicate with the group.
It is easy to start a list-serve. I use a list-serve on Yahoo groups as a way to promote my blog. It is common for bar associations to have list-serves for communication between lawyers on legal topics. Most legal list-serves have closed membership (meaning that the moderator has to approve new members) and are moderated to ensure that only appropriate communications make the list. Professional networking and listing sites. These include sites like Linked-In and Avvo which offer listings of professional credentials. Linked-In is designed to allow professionals to connect with each other, while Avvo is designed for the general public. Avvo allows professionals to submit credentials and obtain ratings. Twitter. Twitter is a service that allows members to send messages of up to 140 characters. While this may seem silly, the real value of Twitter is the ability to link attachments to the mini-messages and the ability to follow interesting people and hopefully have people follow your messages. I am just starting to use Twitter and use it to promote my blog posts. Youtube. YouTube allows users to upload short videos.
YouTube videos can range from cute cat videos to advertisements. YouTube is also used by aspiring artists trying to be discovered. Facebook. Facebook allows a user to create and page and post statuses and messages. Facebook allows people to connect with “friends” who they may or may not know in real life. I use Facebook to get the latest pictures posted by my kids and to keep up with people who I may have known in high school and college. I have very few Facebook friends who I know form my professional world, although I did friend the former Chief Justice of the Texas Supreme Court because I knew his kids from soccer. Reddit. I have never used Reddit. However, it says “Reddit’s stories are created by its users. Tumblr. Tumblr is another site I haven’t figured out yet. It describes itself as “where tens of millions of creative people around the world follow things they love.” My teenage daughter credits Tumblr on the occasions when she is familiar with world events.
Lawyer Websites. Most businesses have websites today. Websites are a form of lawyer advertising. They barely qualify as “new media.” Lawyer websites are not interactive and are usually prepared by professionals. However, some of the content may actually come from the attorneys. When attorneys advertise on social media, they are subject to state regulation. The state can prohibit advertising which is false, deceptive or misleading and can adopt reasonable regulations to prevent this. When an attorney speaks on a subject of public concern, such as discussing important cases and rulings, her speech is entitled to the greatest protection available. Speech which is claimed to be defamatory is analyzed the same whether it is on new media or old media. Wallace v. Perry (In re Perry), 423 B.R. 215 (Bankr S.D.Tex. 2010) Debtor forwarded anonymous blog post about a business partner with whom he was having a dispute. Debtor was found liable for a nondischargeable debt for willful and malicious injury.
Bui v. Do (In re Do), 2013 Bankr. LEXIS 1463 (Bankr. W.D. Debtor accused plaintiff of being a communist sympathizer on his website. Debtor held subject to a nondischargeable debt for willful and malicious injury. Purser v. Scarbrough (In re Scarbrough), 2014 Bankr. LEXIS 3682 (Bankr. W.D. In one small piece of a much larger case, the Court found that posting video obtained as evidence in a case to YouTube with regard to a candidate for School Board was evidence of Debtor’s intent to harm plaintiff. Court rejected argument that this was protected First Amendment speech. Franco v. Cronfel, 311 S.W.3d 600 (Tex. Disgruntled client posted scathing review of attorney on the Ripoff Report. The Defendant filed a Motion for Partial Summary Judgment asserting that the attorney, who was acting as a state court receiver, was a public figure, and that the Plaintiff had not produced any evidence of actual malice. The trial court granted the public figure motion and denied the no evidence motion.
On appeal, the Court affirmed denial of the no-evidence motion for summary judgment and found that it lacked jurisdiction over the receiver’s cross-appeal on the public figure ruling. While the case is not very useful from a precedential standpoint, it shows the difficulty that can arise from online postings. Martin v. Daily News, 2009 N.Y. Misc. LEXIS 3858 (N.Y. Newspaper ran several stories about alleged corruption in the courts, one of which made a factual misstatement. An attorney who was involved in the case posted two blog entries which described what occurred in the case. The Judge sued both the newspaper and the attorney. The Court dismissed the claims against the attorney for the blog postings. Was the statement made with regard to a fact or was it an opinion? Opinions cannot be defamatory. Only factual statements can be defamatory.Was the statement false? Only false statements can be defamatory. Garrison v. Louisiana, 379 U.S.
64 (1964). This facet of American law distinguishes it from the law in some countries such as Sweden where a true statement may give rise to criminal prosecution if it is meant to be vilifying. If the statement was false, was the subject of the statement a public figure? If a public figure is involved, the plaintiff must show that the statement was made with actual malice. If the statement involved a private figure, it is enough that the statement was made negligently. If the statement was made with the appropriate intent, did it result in damages? In a case of defamation per se, damages are presumed. Defamation per se consists of accusing a person of a crime or several other options depending upon the state. In Florida, defamation per se includes accusing a person of having an infectious disease. Klayman v. Judicial Watch, Inc., 2014 U.S. Dist. LEXIS 71045 (S.D.
Otherwise, the plaintiff must prove actual damages to prevail. The blogger writes: “The court found that the debtor knowingly failed to disclose mold contamination in the property” This is an objectively true statement assuming that the court actually said this. The blogger writes, “The debtor knowingly failed to disclose mold contamination in the property” The debtor could sue the blogger claiming that the statement was false. Given the fact that the statement was made based upon a court’s finding, it would probably be a nearly impossible case to meet. The blogger writes, “The debtor was clearly guilty of embezzlement, but the court denied relief.” The blogger has made an affirmative statement of fact that can be proved or disproved. Whether the debtor was “clearly guilty” of embezzlement could be a true statement or a false statement. The blogger writes, “In my opinion, the evidence received was sufficient to establish embezzlement” and the blogger genuinely held that opinion. The blogger would be making a statement of opinion which would probably not be defamatory.
Which brings us to the strength of Jackson’s reasoning. ’s benefits against its costs. Rumpole: so “reasoning” doesn’t mean logic. It means a cost/benefit analysis. Just where in the federalist papers does this definition of reasoning arise? “The value of any prophylactic rule . And remember what I wrote yesterday: Scalia wrote Montejo to create rules of construction that will at some later date give him the opportunity to reverse Miranda. RULE FOUR: Does the right have other big brothers to protect it? Jackson was policy driven, and if that policy is being adequately served through other means, there is no reason to retain its rule. There is no need to take Jackson’s further step of requiring voluntariness on stilts. So there you have it- how to overturn precedent in four easy steps. “The philosophy of a living constitution — which means it doesn’t mean what the people agreed to when they adopted it — is a very seductive theory. It’s seductive for judges because it empowers them. Rumpole wonders: just where did these four rules for overturning supreme court decisions come from, if not the empowered imagination of a certain Supreme Court Justice? You certainly can’t find those rules in the constitution, or the federalist papers, or in any case I’ve ever read. Coming next: For Sale: One soul, along with pride and intellectual honesty. Contact Sam Alito. Financing available.
June 26, 2008: six people were executed in Yunnan and Henan provinces, and the Guangxi Zhuang autonomous region for dealing in large quantities of drugs in three separate cases, the Chinese Supreme People’s Court (SPC) said. In one case, Han Yongwan and Duan Biwu were involved in smuggling, trading and transporting more than 775 kg of heroin from February 2001 to September 2005, along the border areas of Myanmar, and Yunnan and Guangdong provinces. Under the law, dealing in a minimum of 50 g of heroin warrants the death penalty in some provinces of China. The amount differs in other provinces. In the second case, Gao Guoliang and Li Yongwang were found to have produced nearly 9.8 kg of ‘magu’, a new type of drug. It is a combination of methamphetamine and caffeine. In the third case, He Jianjun and Zhang Fuyou were both repeat offenders. They trafficked 604 g of heroin from January to March 2007 in Nanning, capital of Guangxi.
The rule of law means the doctrine in which the law govern a nation, as antagonistic to being governed by the judgment of individual government officials. It also dispatches to the influence and ownership of law within the community, particularly depending upon the conduct of government officials. Rule of law notifies that every person will be subordinate to the law, including people who are lawmakers, enactment floatation officials, and judges. According to this, Rule of law parking in contrast to an autocracy, absolution, or oligarchy that the governor is held above the law. Lack of the rule of law is also seen in both democracies and dictatorships. One of the best instances is because of disregard or ignorance of the enactment, and the rule of law is more suitable to decay if a government has inadequate corrective mechanisms for restoring it. The Government which is based on the rule of law is defined as monocracy. The Rule of enactment in India is a theory having no enterprising application. It must be celebrated that the constitutional mechanism has given enough protection to ensure that the Rule of Law in some form will persevere always. Also, the features donating to the maintenance of the Rule of Law is the bustling of the courts in the interpretation of the law.
Illinois Judges Foundation, the charitable arm of the Illinois Judges Association, held its summer reception last evening at the Chicago Bar Association Building. IJF President Barbara McDonald, a retired Circuit Court judge, welcomed Illinois Supreme Court Chief Justice Rita Garman, Chief Judge Reuben Castillo of the U.S. District Court for the Northern District of Illinois, and Cook County Circuit Court Chief Judge Timothy C. Evans as special guests for the evening. 1,000 donation made by the IJF to the Campaign for Equal Justice in honor of her late husband, Danville attorney Gill M. Garman. Judge McDonald noted that Judge Castillo is a tremendous hockey fan and presented him with a personalized Blackhawks jersey on behalf of the IJF. I can attest that Judge Castillo is no bandwagon jumper. I couldn’t help but notice that Judge Castillo’s chambers were chock full of Blackhawks memorabilia 14 years ago, when I interviewed him for the CBA Record.
The IJF presented Judge Evans with a personalized White Sox jersey. Judge Evans expressed his hope that it will be warm enough in October for him to wear this jersey to a World Series game this October. Even with Judge Evans’ optimism, I don’t know if I’d bet the rent on the White Sox getting to the postseason this year. The IJF asked Judge Evans to present the awards to this year’s Harold Sullivan Scholarship winners. Philip Corboy Hall was packed for the event, which attracts lawyers and judges from all over the state. To illustrate the point, herewith retired Circuit Court Judge John Coady of Taylorville, an IJA board member, shown here with Federico Rodriguez and Erika Juarez. Appellate Court Justice (and current IJA President) Michael Hyman attended the event. He is shown here with Circuit Court Judge Ann Collins Dole. Chancery Judge Diane Larsen is the Chair of the IJF’s Harold Sullivan Scholarship Committee. Judge Larsen is shown here with Chief Justice Garman and Justice Mary Jane Theis of the Illinois Supreme Court. Supreme Court Justices Anne Burke, Thomas L. Kilbride, and Lloyd A. Karmeier were also in attendance. ISBA President-Elect Umberto Davi also attended last night’s reception, as did ISBA Third Vice President Russell W. Hartigan. Judge Hartigan managed to avoid my camera. The camera on my phone, I am told, is quite good. The photographer’s skills, however, do not measure up to the camera’s qualities.
Eminent domain is the law that allows the government to “condemn” your property and take it over for a public purpose. In the past, the public purpose was for a government center, a school, a road or something that would benefit the general public. Recently, there was a United States Supreme Court Case of a municipality in Connecticut that condemned a property so that it could economically revitalize an area. The owners of the property refused to sell their property to a developer. The city council for the municipality expected the new development to attract new jobs, generate tax revenue and build momentum to revitalize the city. The city condemned the property. The owners, who wanted to continue to live there, argued that the city would be taking the property for a private, not a public purpose and therefore, the city’s purpose was not legitimate. The city convinced the Supreme Court that the redevelopment of the city, the added economic benefit of the new economic development, the additional tax revenue, were valid purposes under the law.
As a result, the city successfully condemned the property and of course, had to pay the owner an amount equal to the fair market value of the property. As a result of this case, many states, including Illinois, enacted new legislation to make the municipality’s use of eminent domain powers more fair to the existing property owners. The Act still allows the municipality to take property for public ownership and control as they do now for recognized public purposes, i.e. to widen roads, build schools, and perform other vital government functions. Under the Act, the government authority must pay relocation costs to the property owner and any tenants. The government authority must also pay the fair market value of the property usually as of the date that they file their complaint. Appraisers and experts determine the value of the property. Why is this change in the law relevant? After all, you rarely read about a government body taking someone’s property, although School District 204 is pursuing this course of action for their newest high school. Also in Aurora, which has been very active in redevelopment of its downtown area, the city has eminent domain powers at its disposal. As Naperville becomes more built out, the future may lie in these provisions.
Transfer Petition can be filed either in Supreme Court or High Court. Transfer Petition can be filed by either parties prosecuting or contesting case. Transfer Petition can be filed either in Supreme Court or High Court. Transfer Petition can be filed by either parties prosecuting or contesting case. Transfer Petition is filed in concerned High Court when issue of jurisdiction is within same state and High Court. While taking matter by Supreme Court in Transfer Petition, Supreme Court can refer the matter to LOK ADALAT or Mediation Centre in Delhi High Court, Mediation Center Tis Hazari or Karkardooma Court. Object of such reference in mediation is to bring parties face to face and across the table for reconciliation of disputes or amicable settlement. In matters referred in Supreme Court Lok Adalat, sitting judge of the Supreme Court acts as Mediator and felicitator to reach to broad understanding. Such approach by the Supreme Court in Transfer Petition of Divorce matters results in tremendous success.
I’ve been in Texas researching the history of the Voting Rights Act at the LBJ Library. Last week, the North Carolina legislature passed the country’s worst voter suppression law after only three days of debate. And that’s just the start of it. In short, the bill eliminates practically everything that encourages people to vote in North Carolina, replaced by unnecessary and burdensome new restrictions. At the same time, the bill expands the influence of unregulated corporate influence in state elections. Just what our democracy needs — more money and less voting! “I want you to understand what this bill means to people,” said Representative Mickey Michaux (D-Durham), the longest-serving member of the North Carolina House and a veteran of the civil rights movement who grew up in the Jim Crow South. “We have fought for, died for and struggled for our right to vote. Here are the details of everything bad about the bill, via North Carolina Policy Watch.
The legislation should be a wake-up call for Congress to get serious about resurrecting the Voting Rights Act and passing federal election reform. Six Southern states have passed or implemented new voting restrictions since the Supreme Court’s decision last month invalidating Section 4 of the VRA, which will go down in history as one of the worst rulings in the past century. Voting rights groups (and perhaps the federal government) will soon challenge at least some of the new restrictions through a preliminary injunction, others sections of the VRA, or the state constitution. But if Section 5 of the VRA was still operable, North Carolina would have to clear all of these changes with the federal government and prove they are not discriminatory — practically herculean task given the facts. The new law would’ve been blocked or tempered as a result. Instead, the North Carolina legislature interpreted the Court’s decision as a green light for voter suppression, which it was, and made the bill as draconian as possible. Move aside Florida, North Carolina is now the new poster child for voter suppression. The Moral Monday movement in the state is now more important than ever. Maybe someday we’ll look back at this period as the turning point when the nation realized just how important the Voting Rights Act was and is.
In a modern day telling of Treasure Island, the world is agape at the sheer amount of gold found buried in the peninsular state of Kerala, India. The Supreme Court of India ordered an inventory of the treasure consisting of diamonds, jewelry, artifacts and numismatic gold. It had been locked inside a temple for 130 years. 22 billion dollars. The estimation is incomplete as the figure is bound to go up when the sixth vault is accounted for, which remains unopened. This represents ten percent of the nation’s debt. Numismatic gold coins are considered as “collectibles” by both collectors and investors. The price of such coins is much higher than the spot price of the yellow metal. The reason that numismatic gold coins are not as influenced by gold prices as the gold bullion coins is that the former is assigned a high rarity value. The price of numismatic gold coins is also influenced by its age and the way in which it was manufactured. When considering buying numismatic gold coins, it is important to conduct a thorough research.