Redbutterfly

My friend is arriving on July 28, and planning to get married at Las Vegas. What are the requirements to present? She said my husband and I will serve as thier sponsor. Thanks and Regards!

AnnaV

I'm actually interested in medico-legal cases, especially health care law involving HMOs and insurance companies. My husband is a doctor/lawyer, so we get into a lot of pretty good discussions/debates about either or both medicine and law. I've been thinking of taking the LSAT myself. The debates can get vigorous since half the time I really don't know the foundations of what he's talking about, so I just wing it. Who was it who said, "Anything is possible when you don't know what you are talking about?"

That recent SC decision regarding ERISA is one hot topic of debate here now. He disagrees with the SC, I think the SC is correct. The discussion pops up almost every day.

As for the comment on hypotheticals.... From what I understand, you get a lot of that in law school. In fact, many cases (the runaway barges in NY that hit the bridge and set a fire 3 miles downstream, the guy who accidentally fired a shot that killed the train engineer that resulted in a runaway train) are so off the loop (and they're real cases, too) that it almost seems like no amount of hypothesizing could have come up with such "weird" situations. But they did happen. So... I have nothing against hypotheticals since, if we look closely enough, there probably is something in the real world that will come close to them anyway. And if not, there will be soon.

It's funny, though. The reason I'm in this thread to begin with is because I'm getting tired of the uncorrected misinformation floating around this NG about the topic; that is out of the principle that knowledge should be shared. But I also don't want to contribute to this being used as a planning tool (as Mr F puts it), and that is more of a personal conviction NOW. So, I'm bowing out of any more discussions about the 10-foot poler. I'm on for any other debates, though.

Ranjini

Discussion is good, Anna. I don't think even Mr. Folinsky would have any quarrel with that. Except he may get tired of repeating himself But then again, that's for him to say....

Folinskyinla

Hi:

In regards to the Supremes, there is an old quote [I forget who said it] to the effect, "we are not final because we are infalable, but we are infallable because we are final."

You are so right that the many weird fact situations are what has actually happened -- I am chuckling out loud as I recall studying "Polemis" and the "Wagon Mound" cases. Of course, that relates to the famous "Palzgraf" case. In regards to Palzgraf, Professor Prosser described that case as a law professor's dream of a fact situation presented to a brilliant collection of appellate judges. I have often found Palzgraf to be an interesting topic of dinner conversation when people complain about the law.

In going back to Alonzo, I think that case was correctly decided under the law at the time but was grossly misinterpreted in a liberal fashion. All Alonzo said was that "generally" the mere existence of the adverse factor for which waiver is sought "should" not be used since that is what a forgiveness is sought. IOW, the adjudicator cannot say "I cannot forgive your sin because you have sinned." However, the law on other waivers and relief always said "I cannot forgive your sin becuase your particular sin is so serious that it outweighs the reasons to grant forgiveness."

lairdside

I'm just sick of hypotheticals. I've been doing them for the last three years is all, take no notice of me I'm just feeling brassed off

If you are interested in medico-legal cases and feel a spurt of lunacy coming on you could always do my course..lmao

lairdside

Precisely the reason why I bother to stick my nose in thesedays

Andrew DeFaria

Beba Los Begas Baby! :-)
--
Hermits have no peer pressure.

Hypertweeky

Sounds like a T... post to me..

AnnaV

Hey, Mr. F,

I read through the Palsgraf case, and I thought Justice Cardozo did a brilliant job in defining proximate cause and forseeability. For a case out of the 1920s, I'm told that it still stands tall in tort law. I also researched INS vs Yang. The most interesting point for me was the realization that

a) when the statutory requirements for a waiver are met, the AG has no discretion to deny the waiver (1957 law), and

b) the provision under question (Section 1251(a)(1)(H)) merely establishes the requirements for eligibility to the waiver, in which case, it is entirely under the discretion of the AG whether to grant it or not.

I still haven't found the cases where Alonzo was "misapplied" but I can see how it could have gone out of hand since Yang himself was trying to use the same argument (that the fraud involved in his entry should not affect his eligibility). In fact, I read through Justice Scalia's opinion, and there was no mention of Alonzo itself, but more of the INS policy of disregarding entry fraud or misrepresentation in determining eligibility for the waiver. From J. Scalia's point of view, that is in conflict with the statute (and it is! as of 1996 anyway).

Lastly, I would have bet the SC was going to rule the way it did just by looking at which circuit court the case was coming from. I believe that 75% of the Ninth's cases that go up to the SC is overturned. I remember one anecdote where one of the justices asked if any court ruled one way or the other in a certain case. Someone answered, "The Ninth Circuit Court, your honor." The justice looked around and said, "Any other courts?" to the laughter of the courtroom.

lairdside

Sounds like a light hearted humourous interjection to me

Hypertweeky

That works too
How is it going??

lairdside

Good. Joined a gym today and went down and worked out for an hour or so .. so am looking forward to the morning (ACHE)...lol Still, it's a great way to unwind.

I'm planning to sign up for a series of Pilates sessions, two of their instructors are pilates certified and they have all the equipment etc.

Should be fun

Hypertweeky

We have a gym in our apartment complex, I go there everyday, It feels great!!
Hope the ache isn't too bad in the am
Pilotes sessions? wooo!! Yay!! Keep me updated please!!

lairdside

I shall

Plan A is to go to the gym everyday after work. Do Pilates twice a week. Take a hike, swim, run or bicycle ride on my day off.

We will see how in reality it works out. Going to the gym after work is a no-brainer though I also do some Pilates each morning (I have the ball) but they have the machines at the gym and I am very interested to see what transpires.

They are having a Pilates Recital on sunday with refreshments, champagne etc. I told em, I'll be there

I love exercise, it's good for the soul not just the body.

Hypertweeky

Fun fun fun!!
I am glad you found something to do.. does that mean I won't see you oftenly around here? You can't leave us!
Tiger (kitten) is too hyper.. Now I know how everyone feels when I am hyper.. ( I am actually so hyper right now too lol)
When I excercise.. I fart more (if possible)..