Comments for Overlawyered http://overlawyered.com Chronicling the high cost of our legal system Thu, 26 Mar 2015 16:27:12 +0000 hourly 1 http://wordpress.org/?v=4.1.1 Comment on Law-school-related opinion pieces that left me unconvinced by Anonymous Attorney http://overlawyered.com/2015/03/law-school-related-opinion-columns-that-left-me-unconvinced/comment-page-1/#comment-321255 Thu, 26 Mar 2015 16:27:12 +0000 http://overlawyered.com/?p=52231#comment-321255 Legal academics have a pretty specific notion of “what it can be”: a lefty scheme of redistribution, diminishment of freedom, and strangling of traditional values.

What gets me is how little actual practical training comes with legal education or lawyering. Three years of expensive case reading and discussion topped off by a summer of expensive bar training (not included in your law school tuition). You’re then dropped off in a firm or government office where you’re magically expected to know nuts and bolts. You never sit in a chair next to an older lawyer while he drafts a motion and explains what he’s doing, step-by-step, including how to file it with the clerk. The overcrowded legal profession prefers a sink-or-swim approach, since older lawyers don’t have much of an incentive to let anyone else in on the practice pointers. Overall it makes the legal profession a nasty and brutal affair that grinds up the unwary — yet still attracts people in droves.

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Comment on Likelihood of Moose confusion? by mojo http://overlawyered.com/2015/03/likelihood-of-moose-confusion/comment-page-1/#comment-321235 Thu, 26 Mar 2015 03:28:17 +0000 http://overlawyered.com/?p=52229#comment-321235 Change it to “Bar Whizz”

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Comment on Mark Calabria on publicly owned banks by David C http://overlawyered.com/2015/03/mark-calabria-on-publicly-owned-banks/comment-page-1/#comment-321233 Wed, 25 Mar 2015 23:36:21 +0000 http://overlawyered.com/?p=52210#comment-321233

The difference is that, in theory, we can change the politicians. We cannot change the owners.

We sort of can, though, by switching banks. It’s much harder to switch governments. And every vote we have to cast based on the “bank” issue is one more we can’t cast based on some other issue.

If it’s going to be corrupt no matter what we do, there’s no benefit to getting the government involved.

And there’s nothing wrong with a private company making a profit.

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Comment on Washington Post begins Shaken Baby Syndrome series by B http://overlawyered.com/2015/03/washington-post-begins-shaken-baby-syndrome-series/comment-page-1/#comment-321226 Wed, 25 Mar 2015 21:32:51 +0000 http://overlawyered.com/?p=52199#comment-321226 Ok. Let me tell you a story. (A true one). A man in Oklahoma shakes his child, but scared of the consequences doesn’t admit to it. The child is taken away by CPS and placed in foster care. He is found guilty and spends 2 months in the county jail, but because of no admission they can’t charge him to the full extent, and he is released. The mother, claiming she is unaware takes him back. She gets pregnant, they have another baby. Whether its incompetent DHS workers or what who knows, but the baby remains in their home. When this baby is 2 months old, the Father shakes her, killing her. So, because there was no admission, he didn’t go to jail and was free to kill a child? How is that fair?

Another story. A woman in Oregon decides to take her child (little boy) away from his known family and biological father to live with her boyfriend. This man, who has a history of child abuse and other domestic violence charges never would admit to his crimes, so the best the state could do was give his previous victims orders of protection. The little gets sick one day when the mother is out, and the mothers boyfriend picks him up and throws him against the toilet, causing him to have an internal head injury, ultimately killing him. How is that fair?

Should I keep going? Because I can.

Furthermore, CPS/DHS doesn’t have to meet the reasonable doubt (they only have to have probable cause to remove a child…. in Indian Child Welfare cases, the burden of proof is reasonable doubt) criteria that criminal cases do, and guidelines differ from state to state, but if a child is nearly killed with no explanation, generally they are going to have probable cause to remove the child and not return.

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Comment on Washington Post begins Shaken Baby Syndrome series by Susan http://overlawyered.com/2015/03/washington-post-begins-shaken-baby-syndrome-series/comment-page-1/#comment-321215 Wed, 25 Mar 2015 18:53:04 +0000 http://overlawyered.com/?p=52199#comment-321215 The question is not whether a baby can be hurt if violently shaken. That needs no proof. NEVER shake a baby! ALWAYS protect a baby’s head! When people confess without coercion, there is no reason to doubt what they say.

The question is whether the confession of one individual can be used to prove the guilt of a different individual.

The question is whether doctors can confidently state that based on certain invisible medical symptoms, a baby HAS been shaken violently, even when the person accused has a long history of excellent childcare, even when she refuses to plea bargain or admit to wrongdoing after conviction when it would be beneficial in obtaining parole.

The known natural causes for the symptoms are deemed “rare” and doctors don’t always test for them before diagnosing SBS. But what is rare among the general population may not be so rare in the small subset of children with the symptoms of a disease. Once a suspicion of child abuse is raised, investigation of alternative possibilities ends. Without a correct diagnosis, there cannot be correct treatment. There may be as-yet-unknown causes for the symptoms that are not being investigated because of false confidence in the SBS diagnosis.

Sometimes it is impossible to know what happened beyond a reasonable doubt. Should we imprison people for decades for allegedly “snapping” based primarily on expert opinion? Should unquestionably innocent children (of the accused person) be traumatized by losing a breadwinner or caretaker?

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Comment on Washington Post begins Shaken Baby Syndrome series by Overlawyered: Washington Post Begins Shaken Baby Syndrome Series | Medill Justice Project http://overlawyered.com/2015/03/washington-post-begins-shaken-baby-syndrome-series/comment-page-1/#comment-321214 Wed, 25 Mar 2015 18:47:56 +0000 http://overlawyered.com/?p=52199#comment-321214 […] Overlawyered, a law blog published by the Cato Institute, a public policy research organization, links to The Medill Justice Project and the Washington Post’s investigative series on shaken-baby syndrome. Read the full story here. […]

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Comment on Likelihood of Moose confusion? by No Name Guy http://overlawyered.com/2015/03/likelihood-of-moose-confusion/comment-page-1/#comment-321206 Wed, 25 Mar 2015 16:44:24 +0000 http://overlawyered.com/?p=52229#comment-321206 Hmmmm….they’d better watch out, those pesky Canadians. They might get sued by the makers of Moose Drool, a quite tasty brown ale from Missoula, Montana.

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Comment on March 25 roundup by spodula http://overlawyered.com/2015/03/march-25-roundup-3/comment-page-1/#comment-321201 Wed, 25 Mar 2015 14:04:53 +0000 http://overlawyered.com/?p=51630#comment-321201 Love the argument in the comments of the Posner case about if he’s left or right wing, when its plainly obvious, he’s just simply a nutter….

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Comment on March 25 roundup by Jim Collins http://overlawyered.com/2015/03/march-25-roundup-3/comment-page-1/#comment-321200 Wed, 25 Mar 2015 12:33:23 +0000 http://overlawyered.com/?p=51630#comment-321200 Kane’s was elected AG to do a hit job on Tom Corbett. Now that she’s done it, the powers that be (Tom Wolf) don’t want her around anymore. They are afraid that she might get ambitious and start taking them out as well.

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Comment on Update: N.M. court rejects suit against neighbor’s use of electronic devices by Now THIS Is An Unethical Lawsuit! | Ethics Alarms http://overlawyered.com/2015/03/update-n-m-court-rejects-suit-against-neighbors-use-of-electronic-devices/comment-page-1/#comment-321198 Wed, 25 Mar 2015 12:26:03 +0000 http://overlawyered.com/?p=51909#comment-321198 […] Overlawyered, New York […]

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