From the California Lawyer magazine (January 2009, page 34):
[L]awyers, as a group, have their own unique set of characteristics. For one thing, they are famously prone to depression. A frequently cited Johns Hopkins University study from 1991 found that among more than 100 occupations surveyed, attorneys topped the list for having major depressive disorders, suffering from depression at a rate 3.6 times higher than the general employed population..."You see figures that 20 to 25 percent of lawyers have an alcohol problem," says [Carol] Langford [who practices state bar defense]. "I think it's more like 40 percent."
When I went into law, I thought I could change the world. My thinking proved to be naive, as I learned about insurance, bankruptcy, overloaded court dockets, and procedure over substance. Hearing about my initial desire to change the world, one of my friends, also a lawyer, told me, with a kind laugh, "The world changed you." There's a lesson in there somewhere, but knowing I'm a positive agent in most of my clients' lives keeps me going. Like everything else, the legal profession is what you make of it.
_____________
As a peace-maker the lawyer has a superior opportunity of being a good man. There will still be business enough. -- Abraham Lincoln
Thanks to the Hon. Judge Morgan of the United States Bankruptcy Court (Northern District of California) for posting Lincoln's "Notes for a Law Lecture" outside her courtroom, where I and many other lawyers have discovered the above words.
Friday, January 9, 2009
Thursday, January 8, 2009
Wise Words from Bush (Yup, You Read that Right)
Oh, the wisdom before an election.
Update: from the year 2000 debates, George W. Bush:
Q: How would you project us around the world?
A: "I'm not so sure the role of the United States is to go around the world and say this is the way it's got to be...one way for us to be viewed as the ugly American is for us to go around the world saying, 'We do it this way, so should you.' ... If we're an arrogant nation, they'll resent us."
Fed Judge Rebukes U.S. in Guantanamo Case
Just when you think it can't get worse, it does. A federal judge has accused the United States government of withholding evidence in a Guantanamo Bay case:
http://online.wsj.com/article/SB123127182296258253.html
U.S. District Judge Emmet Sullivan said he was forced to delay ruling on whether to free Aymen Saeed Batarfi because as many as 10 documents of classified information were withheld from the court until recently.
So here's what we know: the U.S. sought to deny Guantanamo detainees habeas corpus rights; it specifically placed them in Guantanamo, outside of the U.S., to bolster its argument that the detainees didn't deserve Constitutional rights; it detained them on secret evidence for years; and now it's hiding evidence?
It appears even after Justice Antonin Kennedy, attorney Seth Waxman, and Boumediene v. Bush, the U.S. Constitution is gasping for its life.
Here is an interesting documentary on Guantanamo:
http://www.gwu.edu/%7Ensarchiv/torturingdemocracy/program/
There is also an excellent, must-read article in Transcript, a UC Berkeley School of Law journal (Fall-Winter 2008, Vol. 40, No. 2). I can't find an online link, but it includes an article by Jon Jefferson titled, "Life After Gitmo," and an interview with Moazzam Begg.
Update on January 14, 2009: the Washington Post reports that some Guantanamo Bay detainees were tortured:
The interrogation, portions of which have been previously described by other news organizations, including The Washington Post, was so intense that Qahtani had to be hospitalized twice at Guantanamo with bradycardia, a condition in which the heart rate falls below 60 beats a minute and which in extreme cases can lead to heart failure and death. At one point Qahtani's heart rate dropped to 35 beats per minute, the record shows.
Americans should oppose torture because it's in our own self-interest. The next time an opposing country captures one of our military personnel, our moral authority to object to his/her torture may not exist.
Update: excellent WSJ Op-Ed (12/22/08) by Thomas Wilner.
http://online.wsj.com/article/SB123127182296258253.html
U.S. District Judge Emmet Sullivan said he was forced to delay ruling on whether to free Aymen Saeed Batarfi because as many as 10 documents of classified information were withheld from the court until recently.
So here's what we know: the U.S. sought to deny Guantanamo detainees habeas corpus rights; it specifically placed them in Guantanamo, outside of the U.S., to bolster its argument that the detainees didn't deserve Constitutional rights; it detained them on secret evidence for years; and now it's hiding evidence?
It appears even after Justice Antonin Kennedy, attorney Seth Waxman, and Boumediene v. Bush, the U.S. Constitution is gasping for its life.
Here is an interesting documentary on Guantanamo:
http://www.gwu.edu/%7Ensarchiv/torturingdemocracy/program/
There is also an excellent, must-read article in Transcript, a UC Berkeley School of Law journal (Fall-Winter 2008, Vol. 40, No. 2). I can't find an online link, but it includes an article by Jon Jefferson titled, "Life After Gitmo," and an interview with Moazzam Begg.
Update on January 14, 2009: the Washington Post reports that some Guantanamo Bay detainees were tortured:
The interrogation, portions of which have been previously described by other news organizations, including The Washington Post, was so intense that Qahtani had to be hospitalized twice at Guantanamo with bradycardia, a condition in which the heart rate falls below 60 beats a minute and which in extreme cases can lead to heart failure and death. At one point Qahtani's heart rate dropped to 35 beats per minute, the record shows.
Americans should oppose torture because it's in our own self-interest. The next time an opposing country captures one of our military personnel, our moral authority to object to his/her torture may not exist.
Update: excellent WSJ Op-Ed (12/22/08) by Thomas Wilner.
Wednesday, January 7, 2009
Swiss Helvetia Fund on U.S. Economy
The Swiss Helvetia Fund, Inc. (SWZ) issued its quarterly report. Here are Rodolphe Hottinger and Rudolf Millisits' thoughts on our current economic situation--and it's not a pretty sight:
It is now apparent that the so-called "debt super-cycle" of the the U.S. economy has gone into reverse and that, consequently, savings must be rebuilt. As a result, much lower consumption levels have to be expected for years to come.
Mssrs. Hottinger and Millisits take a dim view of recent government intervention:
While government efforts are addressing the liquidity issue for now and some of the solvency issues, these efforts have not yet resulted in making private credit more available.
I kept waiting for the silver lining, but to no avail:
The world economic order is being structurally re-balanced away from growth driven by the U.S. consumer. The current process of de-leveraging is the result of a reduction in the U.S. current account deficit, a condition that had been pushed to the extreme. During this adjustment period, accidents are prone to happen.
As more investors seek safe havens, the Swiss franc (FXF) may receive a boost. This would allow Swiss companies to increase M&A activity, strengthening their future competitiveness. Roche's expected acquisition of Genentech (DNA) is one example.
If you're looking to invest in Swiss shares, the iShares Switzerland ETF (EWL) has outperformed SWZ over the last two years. Today, for example, SWZ dropped over 3%, while EWL declined by less than 1%. As it happens, I own SWZ. I am unsure whether to add to my SWZ positions, or open a new position in EWL.
It is now apparent that the so-called "debt super-cycle" of the the U.S. economy has gone into reverse and that, consequently, savings must be rebuilt. As a result, much lower consumption levels have to be expected for years to come.
Mssrs. Hottinger and Millisits take a dim view of recent government intervention:
While government efforts are addressing the liquidity issue for now and some of the solvency issues, these efforts have not yet resulted in making private credit more available.
I kept waiting for the silver lining, but to no avail:
The world economic order is being structurally re-balanced away from growth driven by the U.S. consumer. The current process of de-leveraging is the result of a reduction in the U.S. current account deficit, a condition that had been pushed to the extreme. During this adjustment period, accidents are prone to happen.
As more investors seek safe havens, the Swiss franc (FXF) may receive a boost. This would allow Swiss companies to increase M&A activity, strengthening their future competitiveness. Roche's expected acquisition of Genentech (DNA) is one example.
If you're looking to invest in Swiss shares, the iShares Switzerland ETF (EWL) has outperformed SWZ over the last two years. Today, for example, SWZ dropped over 3%, while EWL declined by less than 1%. As it happens, I own SWZ. I am unsure whether to add to my SWZ positions, or open a new position in EWL.
Good Times for SCU Grads
I graduated from Santa Clara Law School in 2002. It looks like Santa Clara University grads are doing well under Obama:
http://www.scu.edu/news/releases/release.cfm?month=0109&story=Panetta
Leon Panetta will take over the Central Intelligence Agency. He will work with another SCU grad, Janet Napolitano, who is the current appointee for Director of Homeland Security.
You smell that? Yup, that's change in the air.
Update: https://willworkforjustice.blogspot.com/2018/04/santa-clara-universitys-law-school-dean.html
http://www.scu.edu/news/releases/release.cfm?month=0109&story=Panetta
Leon Panetta will take over the Central Intelligence Agency. He will work with another SCU grad, Janet Napolitano, who is the current appointee for Director of Homeland Security.
You smell that? Yup, that's change in the air.
Update: https://willworkforjustice.blogspot.com/2018/04/santa-clara-universitys-law-school-dean.html
Tuesday, January 6, 2009
From Brooklyn to Minnesota
I don't own a home. I view big homes as money pits. Once you factor in the property tax, possible HOA fees, and maintenance costs, stocks and bonds don't seem too shabby. Here's an interesting article about one couple's journey to homeownership:
http://escapebrooklyn.blogspot.com/2009/01/dhs-long-awaited-guest-post.html
http://escapebrooklyn.blogspot.com/2009/01/dhs-long-awaited-guest-post.html
Religious Profiling
A t-shirt with Arabic script? 10 dollars. TSA costing taxpayers 240,000 dollars because of its ignorance? Well, 240,000 dollars. Government ineptitude in action? Timeless.
I wish the article mentioned the name of the attorneys handling the case [Update: according to the ACLU's website, the attorneys were Aden Fine, Reginald Shuford, Dennis Parker, Director of the ACLU Racial Justice Program, and Palyn Hung of the NYCLU]. Raed Jarrar was the plaintiff.
I was laughing at the TSA's stupidity until this line: "Last week, nine Muslims, including three children, were ordered off a domestic US flight after passengers heard what they believed were suspicious remarks about security...[E]ight of them [were] US citizens, were cleared by the FBI, [but] they were reportedly still barred from the AirTran flight."
"If the pilot is uncomfortable with someone flying on their plane, that's their decision," said Christopher White, a federal Transportation Security Administration spokesman. Is the TSA serious? Under their logic, if you pay for a ticket, and you say something the driver/pilot doesn't like, or you just happen to look at him the wrong way, s/he has the complete discretion to kick you off. Sounds like another lawsuit is in order.
Update: here's a link to more information, including a neat vid:
http://www.aclu.org/freespeech/gen/jarrar.html
Hat tip to Political Colors for the link.
I wish the article mentioned the name of the attorneys handling the case [Update: according to the ACLU's website, the attorneys were Aden Fine, Reginald Shuford, Dennis Parker, Director of the ACLU Racial Justice Program, and Palyn Hung of the NYCLU]. Raed Jarrar was the plaintiff.
I was laughing at the TSA's stupidity until this line: "Last week, nine Muslims, including three children, were ordered off a domestic US flight after passengers heard what they believed were suspicious remarks about security...[E]ight of them [were] US citizens, were cleared by the FBI, [but] they were reportedly still barred from the AirTran flight."
"If the pilot is uncomfortable with someone flying on their plane, that's their decision," said Christopher White, a federal Transportation Security Administration spokesman. Is the TSA serious? Under their logic, if you pay for a ticket, and you say something the driver/pilot doesn't like, or you just happen to look at him the wrong way, s/he has the complete discretion to kick you off. Sounds like another lawsuit is in order.
Update: here's a link to more information, including a neat vid:
http://www.aclu.org/freespeech/gen/jarrar.html
Hat tip to Political Colors for the link.
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