Friday, July 29, 2005

Legal Malpractice Requires Showing of "Actual Innocence" by Criminal Defendants

From Lawyers Weekly USA:

To succeed in a legal malpractice case against his attorney, a criminal defendant must prove that he was "actually innocent" of the underlying charges against him, the Washington Supreme Court has ruled. A psychiatrist and his wife were indicted on 18 criminal counts, including conspiracy to defraud the United States, bank and tax fraud and filing false statements. On the advice of counsel, they agreed to plead guilty to two of the counts.

Case: Ang v. Martin, Washington Supreme Court No. 74698-2. June 23, 2005.

Tuesday, July 26, 2005

Analyzing The Pronunciation of "A" and "The"

Two interesting posts about the most commonplace of linguistic phenomenon...click on the post title to link over to Language Log.

9th Circuit: Discrimination Can Extend To NAMES...

The 9th Cir. rules that it is unlawful discrimination for an employer to insist on calling a worker by an Anglicized nickname (in this case, "Manny") instead of his actual Arabic name. Click here for an article and here for the court's opinion...

I'm not sure if I agree with this. It would be one thing if the nickname was somehow pejorative (like to Texas law students referring to their professor from Connecticut as "Yankee" or "Liberal"), but some foreign names are just hard to pronounce. I spent a lot of the summer around people whose native dialect (Portuguese) prevents them from pronouncing "r" in certain words, and I would tease them by asking them to say, "Drury" (my full name) or "squirrel" - endless hours of entertainment, at least for me.

On the other hand, I suppose in today's world an adult should be able to request to be addressed however they want.

389,000 Catholic Parishioners in Oregon Are Defendants in Massive Lawsuit

This is an interesting twist...



FROM THE ARTICLE (click on the post title for the link)-

PORTLAND, Ore. - A federal bankruptcy judge on Friday joined together an estimated 389,000 Roman Catholic parishioners in western Oregon as defendants in a massive lawsuit alleging sexual abuse by priests.

The action by U.S. Bankruptcy Judge Elizabeth Perris is unusual because typically plaintiffs, not defendants, organize as a class in civil cases. But in this instance, lawyers for members of 124 parishes will argue that parishioners - not the archdiocese - own $600 million in church assets and property. If their argument succeeds, it would make the assets off-limits to plaintiffs.
More than 240 abuse claims are pending against the Archdiocese of Portland, seeking at least $400 million in damages. More than 100 cases have been settled, while others are headed to mediation.

The archdiocese has said it has only about $19 million to its name.

Monday, July 25, 2005

BLOGGING AGAIN

I am back from my summer vacation and can start blogging again! More to come...

Here's a couple pictures of me with my youngest son, Jonathan, enjoying the summer...more pictures of the fam are parked on my family's photo blog...



















I was traveling in May and my electric razor broke on the trip, and I decided to wait until I got home to shave.