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Friedrich Von Schiller: The history of the world is the world's court of justice Goethe: Patriotism ruins history. Sir Walter Scott: A lawyer without history or literature is a mechanic, a mere working mason; if he possesses some knowledge of these, he may venture to call himself an architect.
Reinhold Niebuhr: A too confident sense ofjustice always leads to injustice.
Paul Krugman, New York Times columnist: March 19, 2007- “…people whose ideology says that government is always the problem, never the solution, see no point in governing well. So they use political power to reward their friends, rather than find people who will actually do their jobs. If expertise is irrelevant, who gets the jobs? No problem: the interlocking lavishly financed institutions of movement conservatism, which range from K street to Fox News, create a vast class of apparatchiks who can be counted on to be “Loyal Bushies”:.
SNOW: Observer Neil Laruan in a Jan. 16 blog.: “I love the excitement of a snowstorm; the anticipation of world soon transformed to cushioned white,: “ I love the dampened sound in a forest when it snows, the slow hiss of steady snow piling up, the smell in the air the hour before the snow starts, the leaden grey of the nimbostratus, All of it, I love it, I live for it.”
Deitzman v. Mullin, 108 It is the boast of the common law that there is no right without a remedy.
MR. NOBODY POEM WHERE TO PLACE THE BLAME! Great for Plaintiff's closing argument
Last week, I stated a certain woman was the ugliest woman I had ever seen. I have since been visited by her sister, and now wish to withdraw that statement.
-- Mark Twain The secret of a good sermon is to have a good beginning and a good ending; and to have the two as close together as possible. -- George Burns Santa Claus has the right idea. Visit people only once a year. -- Victor Borge Be careful about reading health books. You may die of a misprint. -- Mark Twain By all means, marry. If you get a good wife, you'll become happy; if you get a bad one, you'll become a philosopher.. -- Socrates I was married by a judge. I should have asked for a jury. -- Groucho Marx My wife has a slight impediment in her speech. Every now and then she stops to breathe. -- Jimmy Durante I have never hated a man enough to give his diamonds back. -- Zsa Zsa Gabor Only Irish coffee provides in a single glass all four essential food groups: alcohol, caffeine, sugar and fat. -- Alex Levine My luck is so bad that if I bought a cemetery, people would stop dying. -- Rodney Dangerfield Money can't buy you happiness . but it does bring you a more pleasant form of misery. -- Spike Milligan I am opposed to millionaires... but it would be dangerous to offer me the position. -- Mark Twain Until I was thirteen, I thought my name was SHUT UP. -- Joe Namath I don't feel old. I don't feel anything until noon. Then it's time for my nap. -- Bob Hope I never drink water because of the disgusting things that fish do in it. -- W.C.. Fields We could certainly slow the aging process down if it had to work its way through Congress.. -- Will Rogers Don't worry about avoiding temptation. . . as you grow older, it will avoid you. -- Winston Churchill Maybe it's true that life begins at fifty ... but everything else starts to wear out, fall out, or spread out. -- Phyllis Diller By the time a man is wise enough to watch his step, he's too old to go anywhere. -- Billy Crystal The cardiologist's diet: If it tastes good, spit it out “ I have learned a great deal from listening carefully. Most people never listen.” Ernest Hemingway "The American Indians found out what happens when you don't control
immigration." -unknown-
Chief Justice John Palmore: “[w]hen all else is said and done, common sense must not be a stranger in the house of the law.” Cantrell v. “..it is possible to win the legal battle while still being destroyed by the process.” Old saying
"Success is measured not so much by the position that one has reached in Titorelli, the painter, tells Josef K., the victim, in Kafka’s The Trial, “Everything belongs to the court.” When the court and its processes are flawed, so is justice itself. Ben Hogan: “Life comes down to ten two letter words: If it is to be, it is up to me.”
Definition: “Autoshadowphobia - fear of one's own shadow.” – Mark Nickolas in RockyMountainReport.com
The very nature of a trial is a search for truth.” Nix v. Whiteside, 475
Decades ago the psychologist Erik Erikson conceived of middle age as a stage of life defined by tension between stagnation and generativity — a healthy sense of guiding and nourishing the next generation, of helping the community. “The internet is more powerful than the Glock.” Judge Steve Horner “Tough girls come from
In the interest of judicial economy, courts must avoid “opening the door to ‘litigation in the field of trivialities and mere bad manners.’” Kroger, 920 S.W.2d at 65 (quoting Prosser and Keeton on the Law of Torts, 56 (5th Ed., Lawyer’s Ed., 1984)
Hard work never killed anybody, but why take a chance?
The world is divided into people who do things--and people who get the
If you tell the boss you were late for work because you had a flat tire, No project was ever completed on time and within budget.
We're not Prince Charles and Princess Di. We don't think of ourselves as
I like work; it fascinates me. I can sit and look at it for hours.
Great Football quotes: 'At
The harder I work the luckier I get. - Samuel Goldwyn
QUOTES ABOUT THE LAW, LAWYERS, AND LIFE
The criminal is to go free because the constable has blundered. – Justice Benjamin Cardozo You're out of order! You're out of order! The whole trial is out of order! – Arthur Kirkland (Al Pacino's character) movie: "And Justice for All" (1979)
" the life of the law is not in logic, but rather in experience” 'The Common Law' by Justice Oliver Wendell Holmes Jr. New York Islanders coach Ted Nolan, waxing philosophic in a Yogi Berra type comment, after a recent 2-1 victory: “My philosophy has always been if we score one more than them, we have a good chance of winning.” “A prosecutor neither is, nor should consider himself to be, an advocate before he has probable cause to have anyone arrested.” Buckley v. Fitzsimmons, 509 U.S. ----, 113 S.Ct. 2606, 125 L.Ed.2d 209 (1993)
Judge Thomas Wingate-Franklin Circuit Court: “…rules of statutory construction . . . are like Hallmark© cards—there's one for every occasion.”
Chief Justice John Palmore: “[w]hen all else is said and done, common sense must not be a stranger in the house of the law.” Cantrell v.
These greens are so fast I have to hold my putter over the ball and hit it with the shadow.
~ Sam Snead A hungry dog hunts best. ~ Lee Trevino You can talk to a fade but a hook won't listen. ~ Lee Trevino I was three over. One over a house, one over a patio, and one over a swimming pool. ~ George Brett Actually, the only time I ever took out a one-iron was to kill a tarantula. And I took a 7 to do that. ~ Jim Murray The only sure rule in golf is - he who has the fastest cart never has to play the bad lie. ~ Mickey Mantle Sex and golf are the two things you can enjoy even if you're not good at them. ~ Kevin Costner I don't fear death, but I sure don't like those three-footers for par. ~ Chi Chi Rodriguez After all these years, it's still embarrassing for me to play on the American golf tour. Like the time I asked my caddie for a sand wedge and he came back ten minutes later with a ham on rye. ~ Chi Chi Rodriguez The ball retriever is not long enough to get my putter out of the tree. ~ Brian Weis Swing hard in case you hit it. ~ Dan Marino My favorite shots are the practice swing and the conceded putt. The rest can never be mastered. ~ Lord Robertson Give me golf clubs, fresh air and a beautiful partner, and you can keep the clubs and the fresh air. ~ Jack Benny There is no similarity between golf and putting; they are two different games, one played in the air, and the other on the ground. ~ Ben Hogan Professional golf is the only sport where, if you win 20% of the time, you're the best ~ Jack Nicklaus The uglier a man's legs are, the better he plays golf. It's almost a law. ~ H G Wells I never pray on a golf course. Actually, the Lord answers my prayers everywhere except on the course. ~ Billy Graham If you watch a game, it's fun. If you play at it, it's recreation. If you work at it, it's golf. ~ Bob Hope While playing golf today I hit two good balls. I stepped on a rake. ~ Henny Youngman If you think it's hard to meet new people, try picking up the wrong golf ball. ~ Jack Lemmon You can make a lot of money in this game. Just ask my ex-wives. Both of them are so rich that neither of their husbands work. ~ Lee Trevino I'm not saying my golf game went bad, but if I grew tomatoes, they'd come up sliced. ~ Lee Trevino Dan Lawton - San Diego Source- Daily Transcript
The "Bartender Test."The test measures the common sense of a lawyer's argument in a given case. The test requires you to explain your case to a disinterested bartender in five minutes or less. If the bartender understands and accepts it, your case has common sense and even justice. If the bartender says, "That's bullshit," then your argument lacks common sense and justice. – Steve Swinton
It is a given that most of our judges are terrific in every way -- qualified, fair, interested in justice as well as law. But the Caperton V. Massey case nevertheless illustrates a sad reality about judges. And that is that some judges have become so removed from the real world, their senses of justice and common sense have become dulled -- not from misuse, but from disuse. Justice matters little (or not) to some of them. - Dan Lawton
"I hate justice, which means that I know if a man begins to talk about that, for one reason or another he is shirking thinking in legal terms." Oliver Wendell Holmes, Jr.
Judges are steeped in the law and should be. But too much steeping dissolves justice until it disappears. Justice gets lost sometimes, and judges are the ones who lose it. Why should we care? Because it kills public trust in the system in which we have so much invested.
What above all else is eroding public confidence in the nation's judicial system is the perception that litigation is just a game, that the party with the most resourceful lawyer can play it to win, that our seemingly interminable legal proceedings are wonderfully self-perpetuating but incapable of delivering real-world justice.
Nor is Justice Scalia's observation original. Almost 100 years ago, another man wrote this:
"Judges march at times to pitiless conclusions under the prod of a remorseless logic which is supposed to leave them no alternative. They deplore the sacrificial rite. They perform it, nonetheless, with averted gaze, convinced as they plunge the knife that they obey the bidding of their office. The victim is offered up to the gods of jurisprudence on the altar of regularity."
Like Scalia, he too was a judge. Benjamin N. Cardozo, "The Growth of the Law" (1924).
We should care about judicial disinterest in justice at least as much as Scalia and Cardozo.
The answer lies partly with the judges themselves. They could step outside the antiseptic bubbles some of them inhabit. Inns of Court and bench-bar activities exist, but many judges ignore them. They could start showing up. Also: Lawyers endure seminar after seminar put on by judges pontificating to lawyers about what they (the judges) expect from lawyers.
How about a seminar for an audience of judges, put on by lawyer panelists? Politicians go on "listening tours" to hear what is on the minds of those they serve. There is no good reason judges can't do the same.
As for vacancies, our elected representatives should stop ignoring the inadequacy of judicial pay. Federal judges' lagging pay costs us qualified candidates who make too much money in private practice to take the pay cut a federal judicial appointment would require. (Barbara Caulfield is a good example.) A lot Congress cares; advocating judicial raises won't win you any votes in your next election, especially in today's recession. Yet it is the right thing to do. Finally: executives should never overlook candidates whose resumes include significant achievements in private practice. (Alex McDonald -- in private practice his entire career before his appointment to the Court of Appeal -- is a fine example.
Sonia Sotomayor practiced in the private bar for eight years.) Frankly, such lawyers understand the real world better than lawyers who have spent most of their careers in government or the academy. And the real world is where justice lives.
The real world also is where Caperton must live while the bizarre injustice inflicted on him by Brent Benjamin continues to unfold in slow motion. It is sad that it took the Supreme Court to teach Brent Benjamin what Benjamin Cardozo was talking about 90 years ago when he wrote:
"We are not to close our eyes as judges to what we must perceive as men." Benjamin N. Cardozo, People v. Knapp, 230 N.Y. 48, 63 (1920).
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