damn the muse

California always has interesting cases, and it has to be the trend setter or at least the media darling. Recently in the news, men have been witnessed fighting to have their say with their surnames. That is they want to take their wives last names, or something like it.

The California Legislature is set to consider a bill this month that would allow men to change their surnames upon marriage as seamlessly as women now can. Only seven states now allow a man who wishes to alter his name after his wedding to do so without going through the laborious, frequently expensive legal process set out by the courts for any name change. Women don't have to do so.

This intrigues me. I always figured that when and if I finally exchanged wedding vows I probably would do a hyphen and combine both last names because I love my last name. If my future husband were willing to do the same then that would be excellent.

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Gov. Perry just signed an executive order that would require all girls be vaccinated with the HPV vaccine starting in 2008.

Perry sidestepped opposition in the Legislature from conservatives and parents’ rights groups who fear such a requirement would condone premarital sex and interfere with the way Texans raise their children.

Beginning in September 2008, girls entering the sixth grade — meaning, generally, girls ages 11 and 12 — will have to receive Gardasil, Merck & Co.’s new vaccine against strains of the human papillomavirus, or HPV.

Perry also directed state health authorities to make the vaccine available free to girls 9 to 18 who are uninsured or whose insurance does not cover vaccines. In addition, he ordered that Medicaid offer Gardasil to women ages 19 to 21.

Was it Merck, or was it common sense? Texas becomes the first state to make the vaccine mandatory, and this type of news just blows me away. I'm also waiting to hear news of a lawsuit because some parent some where is going to claim that the vaccine is going to make their child sexually active.

Oy Vey.

So, cheers to Texas.

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Texas my Texas, here we go again. An appeals court refused to throw out the conviction of a young man who was convicted of killing his twin children. The catch? The mother, 16, was only five months pregnant with the twins, and she didn't want to have the children either.

The way everything went down is appalling. It's the law that is slightly disconcerting.

The case tested a Texas law that makes it a capital offense to kill an unborn child. The law redefined a person as having full rights to legal protection from the moment of conception...

Abbott said doctors breaking the law should be given jail time and lose their licenses, rather than being prosecuted for capital murder.

Taken literally Texas is outlawing abortion, and doctors can go to jail for performing them even in the first trimester. Give a fetus rights from day one, and this is what could happen. I don't think the lawmakers even wanted to deal with a slippery slope. It was all intentional. After all in Texas religion rules, and zygotes have feelings too.

Well then what happens in a miscarriage? Imagine the suspicion.

We're all going to hell.

Fascinating, right?

And for the record, I'm writing about the law. I am in no way supporting what these kids did. Psycho pro-choicers and pro-lifers can stay away.

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The FDA recently approved a new vaccine meant to prevent a virus (HPV) that can cause cervical cancer. Now Texas wants to introduce legislation that would make it mandatory that the vaccine be administered to 6th grade girls. Truly innovative thinking from the lawmakers taking steps to save these girls, but this is Texas after all.

The vaccine called Gardasil is administered in a series of three injections over six months.

More than 85 percent of all cases of cervical cancer are linked to HPV and the makers of the vaccine say it could virtually wipe out this cancer threat...

Van de Putte is sponsoring Senate Bill 110. She says since the Centers for Disease Control have put this new vaccine on its list ... a state law would be a way to keep some young women from falling through the cracks.

"What states can do to help encourage the compliance is to make sure that just like your measles and your mumps and your chicken pox. That it's in the set of vaccines that students must have before entering school," said Van de Putte.

Farrar is sponsoring the House Bill 215.

"I think people are going to have to open their minds and look at the science and the medicine and put that at the forefront," said Farrar.

The shot has not been without controversy. Some parents are voicing fears that the vaccine might encourage promiscuous behavior if young women felt they were somehow protected, but just like other school shots, parents would be able to officially opt out by applying for an exemption.

This one is definitely something to keep an eye on.

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In the news overlooked last month Mr. President decided to tack yet another one of his signing statements to the new postal reform bill. He finally confirmed what some legal and political pundits have been hinting at. He's a dictator, or would like to be in the name of National Security.

President Bush says he and other government officials have the power to snoop through your mail without a judge's warrant.

Bush made the claim last month in a signing statement attached to a postal reform bill. Bush wrote that the bill "provides for opening of an item of a class of mail otherwise sealed against inspection."

After last year's revelation of Bush's secret domestic eavesdropping program, the move caused waves on Capitol Hill among some legislators who said that it contradicted the postal reform bill, as well as existing law.

Signing statements are just that. They have no legal weight. He's not a judge, and he's not a legislature. Mr. President would love to invade his citizens' privacy a bit more, but his "statements" have no legal effect. Thank goodness checks and balances still exist.

Barely.

This is kinda creepy.

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Playing music too loudly can come with a prison term in Japan. Apparently one neighbor blasted music for 29 months in an apparent bid to drive her other neighbor insane, and some injuries did occur. The judge decided to send the offending neighbor to jail, not because of the injuries but because she planned on blasting the music again to spite her neighbor.

If I had a neighbor like that I don't think she'd be well. Not after 29 months. Not after I was finished with her.

Did I just admit that I'm vengeful?

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Couples fantasize about making out in an airplane lavatory. And if they hadn't, well one viewing of Rumor Has It will either be enough to convince the lucky lover of a quickie in that tiny bathroom, or kill that libido as soon as the airlines start passing out photocopies of this article. Of course this happy twosome just couldn't wait to express their carnal love in a more private place.

"Persing was observed nuzzling or kissing Sewell on the neck, and ... with his face pressed against Sewell's vaginal area. During these actions, Sewell was observed smiling," reads the indictment filed by the Federal Bureau of Investigation.

On a second warning from the flight attendant, Persing snapped back threatening the flight attendant with "serious consequences" if he did not leave them alone.

He was so hot and bothered he just couldn't contain himself! Now they're both charged under the Patriot Act.

Let this be a lesson. Sex on airplanes is bad. It turns ordinary people into terrorists, and that just isn't good.

Via Irish Trojan

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Was Bill Piatt a good Dean for St. Mary's University? The bar passage rate is holding steady at nearly 85%, but is this enough. The Express News has another article highlighting Piatt's missteps while barely touching upon his accomplishments. Maybe no balance is possible?

Trust me, this is all so juicy. Put a few of my classmates and I in a room, and this article would be G-rated next to our R.

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Illegal immigrants will have a tougher time thriving in a suburb outside of Dallas. Apart from making English it's official language, the town will be imposing fines on landowners and business who cater to illegals.

If illegal immigrants want a better life here in the states, they should at least take the time to learn English.

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SCOTUS heard arguments today on partial-term abortions. Apparently, it was quite a spectacle, yet no one knows how the court will rule because Roberts and Alito have no 'real' caselaw prior to joining the court that might hint as to which way they may lean.

I would love to sit in on an argument, and I'd be interested in reading the transcripts for this one. The only thing that really bothers me is the idiot who disrupted everything. This isn't a church or a circus; it's the Supreme Court. It's downright disrespectful. I hope someone tattoed JESUS on his forehead.

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Bill Piatt will no longer be the Dean of St. Mary's University Law School. Despite having increased the bar passage rate for the university, the school decided not to renew his contract over growing concern in the declining enrollment of minority students and faculty:

Eight years ago, Piatt took the helm of a law school struggling with a spotty reputation for producing graduates who couldn't pass their Texas Bar exams on their first try with promises that pass rates would be a top priority.

To Mynor "Eddie" Rodríguez — a 2002 grad who passed the bar exam on his first try — that commitment rang hollow.

"When we (as a class) didn't do too well, he disowned us, which I found offensive because had we done better, I'm sure he would have taken credit," Rodríguez said.

Over his eight-year tenure, Piatt also acquired a reputation — deserved or not — for heavy-handedness and declines in the percentages of minority students and faculty members at the school.

As a proud member of the class of 2003 I can only hope that the new dean will work to strengthen the reputation of the university. Professor Cantu is standing in right now, and he was a wonderful instructor when it came to Torts. He's very smart too. Hopefully they'll let him keep it.

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Family members of three murder victims are sueing the makers of "Grand Theft Auto: Vice City" claiming that a fourteen year-old, Corey Posey, would never had killed their relatives had he not played that game.

Posey had told police he shot his family after his father, the ranch foreman, slapped him for not cleaning horse stalls fast enough. Prosecutors described Posey as a ruthless killer, but his lawyers claimed his father had abused him for years.

So, Posey is completely ok with being abused, and his family is worth $600 million. Of course the game did it, in the closet with the remote control.

Via Digg

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How Appealing is reporting that the NCBE has just won its copyright infringment case against PMBR awarding it $12 million in damages. Furthermore, the federal court is prohibiting said bar review company from sending any representatives to sit in on the exam unless he/she intends to become a licensed attorney of the state.

I'm sure PMBR is reeling from the slap.

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Personal injury lawyers will be moving to Illinois in waves as soon as they get wind of this recent decision by the state's Supreme Court (ok, not just PIs). The court just placed a limit on the amount of damages in malpractice cases against the legal profession.

The court ruled that clients may sue their lawyers for the standard, compensatory damages they would have won if their lawsuit had been properly brought.

But writing for the majority, Justice Lloyd Karmeier said clients could not sue their lawyers for lost punitive damages, which juries sometimes award to punish defendants for intentional misconduct.

Lawyers should pay for their negligence, but to hold them responsible for the intentional misconduct of someone else "tears the concept of punitive damages from its doctrinal moorings," Karmeier wrote.

Frankly, placing a limit on damages is a mistake. Who is to say that the award granted is more compensatory than punitive? The jury is there to decide, and if they decide that a client lost 2 million because of a lawyer's gross negligence, then the award is fair. That's why it's called malpractice. It's supposed to hurt. Cutting an award in half or more doesn't teach that lawyer a lesson. It's more like a mere slap on the hand. So, don't screw up.

And if malpractice insurance is getting you down, please complain to the insurance industry already! I'm sick and tired of hearing of damage caps to ease insurance premiums when the real criminal is the industry. Only 1% to 5% of lawsuits make it to court (yes, all the ones we hear on the news, subtract the majority). Doctors, lawyers, businesswomen bleed money thanks to rising insurance premiums. They say it's all the lawsuit abuse, but it's not possible. It's a handy excuse that works because everyone feeds into their spiel. When was the last insurance company bankruptcy or merger? They just keep springing up, raising premiums, and playing the blame game on their own clients or wherever they can find it.

Caps you say. And when you actually do need to sue for a real grievance that deserves a 1 million payout, you'll get $25,000 thanks to you and the government. Don't forget about taxes and the reasonable lawyer fees. Abuse exists. Just don't get rid of the protections. They are there for a reason. Really.

Posted by yasmín at 8:32 PM | Permalink | Comments (0) | TrackBacks (0)

I hate reading up on cases like this one. It's only one percent people. Remember that. The rest, well, we're nice. Really. Well, I'm going to be witchy, but uber cool.

Anyway, as the story goes, robber goes and tries to steal some stuff. Unfortunately for him the people at Autozone aren't going to sit by and get robbed, though the fact that this criminal has a gun is rather dangerous. They fight back in self-defense. Now the robber is suing. Claims he was assaulted.

Strange. Didn't he just do the assaulting?

Here's hopeing the justice system does the right thing and recognizes that the claim is empty. Hopefully someone will do something about that lawyer. Ugh.

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There's a language problem in Florida. Specifically, the problem lies within the court system and the would be interpreters who claim to speak the language and know the lingo, yet they botch up the translations and innocent people go to jail. This just isn't right (and I am evil incarnate)! The Florida legislature wants standards, tests, assurances that the interpreters will do their job correctly. I'm hoping for the best.

Now if only someone could set in place some standards for the so-called Spanish running rampant here in SA. Oy vey.

Posted by yasmín at 9:28 PM | Permalink | Comments (0) | TrackBacks (0)

So the interview happened today. It was long, and worth it.

Yours truly returns to the land of the legal.

Now, how do I juggle bar study, teaching Spanish and clerking? Anyone? I have it all mapped out neatly in my head, but oh wow is this going to look fun on paper.

Posted by yasmín at 9:23 PM | Permalink | Comments (0) | TrackBacks (0)

In the first test of its kind, a court in Norway has ruled that a Creative Commons license is legally binding. Apparently a gossip magazine took some pictures off Flickr that belonged to a former MTV VJ without permission. They thought they could get away with using the images, but since the use was commercial it violated the license and infringed on his copyright, and now there's growing caselaw for CC.

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My father is a doctor. Ever since he learned how to use the 'foward' function on email not a day goes by that I receive jokes of every variety and color. He revels in sending me lawyer jokes. Some of them are good, and well some of them are...

A man walks into a bar. He sees a good looking, smartly dressed woman perched on a bar stool. He walks up behind her and says, "Hi there good looking, how's it going?" She turns around, faces him, looks him straight in the eye and says, "Listen, I'll screw anybody, anytime, anywhere, your place, my place, it doesn't matter. I've been doing it ever since I got out of college. I just flat out love it." He says, "No kidding? I'm a lawyer too! What firm are you with?

Gee, doctors and lawyers just hate each other with a passion, don't they? I think I'm going to start this guerilla campaign where I find good cases. Where a lawyer does an amazing thing that doesn't make my dad start sputtering in Spanish that he/she is the soon to be spawn of Satan. There are millions of good, ethical lawyers out there.

::cricket:: Hello.

And to think, his own daughter went to law school! He's uber proud of me, but the minute I receive my license I become the enemy. It doesn't matter if I've sworn up and down, here and there, to heaven and hell. Doctors and lawyers don't mix. The jokes are amusing, but wow. Feel the wrath!

Anyone know any good doctor jokes?

Posted by yasmín at 11:35 AM | Permalink | Comments (0) | TrackBacks (0)

The Ohio Supreme Court has ruled that parents can sue their doctors if a genetic screening misses a really bad flaw leading to the child's severe disability or death. Basically, the parent's would have aborted the fetus had the genetic defect been detected, or so they say, but in these cases it's all about the money. Money to support the child who can't crawl, but can probably hear them cry about how they didn't want it. It's so expensive.

Here's the irony. Ohio could hypothetically become one of the next states to outlaw abortion, and the whole "wrongful birth" argument will become null and void. It can't work both ways.

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