tag:blogger.com,1999:blog-6848839859785446722.comments2023-02-15T11:12:23.463-05:00Full Court Passnorman olchhttp://www.blogger.com/profile/08341333463074109432noreply@blogger.comBlogger24125tag:blogger.com,1999:blog-6848839859785446722.post-72197111124205506902012-07-13T15:14:34.050-04:002012-07-13T15:14:34.050-04:00I also try to read the Declaration every July 4; I...I also try to read the Declaration every July 4; I invariably tear up when reading the last line. <br /><br />And while the Declaration has something to tell us about immigration, it does not tell us everything on the subject. As the late Representative Barbara Jordan—who headed a bipartisan Commission on Immigration Reform—testified to Congress in 1995: "Credibility in immigration policy can be summed up in one sentence: those who should get in, get in; those who should be kept out, are kept out; and those who should not be here will be required to leave."<br /><br />Very few Americans today disagree with Jefferson's understanding of the importance of continuing immigration. But many Americans think that current immigration policy lacks credibility.John Adamsnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-82232261556496655132012-05-18T14:11:31.343-04:002012-05-18T14:11:31.343-04:00There's so much to learn from here already. Es...There's so much to learn from here already. Especially now that I have my <a href="http://www.lewisuniversityonline.com/criminal-social-degree-online-overview.asp" rel="nofollow">masters in criminal justice</a>. Being in touch with the common practices will most certainly help develop my professional thinking.a.dannahttps://www.blogger.com/profile/04096238472457746364noreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-85806596962273721122012-01-03T13:39:34.705-05:002012-01-03T13:39:34.705-05:00Thanks so much for this! The agenda looked terrif...Thanks so much for this! The agenda looked terrific, but I didn't learn of the program until after I had other commitments. Your write-up has encouraged me to make every effort to attend the 2012 conference.Portianoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-91950518285170483742011-12-01T19:17:49.442-05:002011-12-01T19:17:49.442-05:00What happens when the party moves by OSC to vacate...What happens when the party moves by OSC to vacate and the Court declines to sign? Which part of 5015 even applies? Can you move to reargue instead? What if the Court denies leave?<br /><br />It seems that if a court were so inclined, it could put up substantial roadblocks to appellate review.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-73870467011914496822011-11-30T12:35:55.834-05:002011-11-30T12:35:55.834-05:00This is very timely, thank you for the information...This is very timely, thank you for the information. It should be noted that the First Department in New York has distinguished the Sholes case and decided that if a sua sponte order is the result of a clarification request or similar from an existing order then the sua sponte order can be appealed from as a resettlement of the earlier order. Weksler v. Weksler, 81 A.D.3d 401, 918 N.Y.S.2d 11 (1st Dept. 2011). Thanks again for your post.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-40370966333495697722010-10-30T00:26:42.897-04:002010-10-30T00:26:42.897-04:00Professor Olch, I can't wait to see the outcom...Professor Olch, I can't wait to see the outcome of this case... DileniaDileniahttps://www.blogger.com/profile/16278655405166146665noreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-84256486534599379142010-07-16T12:25:17.587-04:002010-07-16T12:25:17.587-04:00Interesting, although of course I still lost a 2d ...Interesting, although of course I still lost a 2d dept. appeal where my adversary didn't show for oral argument!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-16696926535202074402010-02-17T17:39:58.887-05:002010-02-17T17:39:58.887-05:00Sneddon came out today: Sneddon v Greene, 2010 NY...Sneddon came out today: <b><a href="http://www.nycourts.gov/reporter/3dseries/2010/2010_50221.htm" rel="nofollow">Sneddon v Greene</a></b>, 2010 NY Slip Op 50221(U)(App. Term, 2nd, 2010)<b><br /></b>David M. Gottliebhttp://www.thecplrblog.comnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-23498223690572011302010-01-11T20:48:52.372-05:002010-01-11T20:48:52.372-05:00Professor Olch,
Excellent analysis of the Judicia...Professor Olch,<br /><br />Excellent analysis of the Judicial Compensation cases. Your article provided me with a good understanding of the Constitutional, political and practical issues involved.<br /><br />Thank you for your insights that you most generously share with us, your readers.<br /><br />Edward W. ArmstrongE W Armstrongnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-32311997027754694392009-12-29T02:53:53.073-05:002009-12-29T02:53:53.073-05:00Great post,, it is informative blog post..
Thank y...Great post,, it is informative blog post..<br />Thank you for sharing this post....<br /><a href="http://www.maxlifesolutions.com" rel="nofollow">Viatical Settlement</a>LC Davidhttps://www.blogger.com/profile/14661553559911270375noreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-61373506352005883242009-11-09T12:10:03.828-05:002009-11-09T12:10:03.828-05:00The government shouldnt be telling teenagers to be...The government shouldnt be telling teenagers to be indoor by certain times and They cant arrest us if were outside after the curfew. <br />They would need a reason to arrest us like doing something bad like damaging schools or houses. The government can't controll when were outside because its against equal rights and everybody should be in doors by the curfew time and not just teens. They government should be doing a better job on they government and not controlling when teenagers should be in doorsAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-56994979265016983582009-11-07T03:06:07.275-05:002009-11-07T03:06:07.275-05:00Outrageous.Outrageous.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-55789752738422863152009-09-29T20:49:00.169-04:002009-09-29T20:49:00.169-04:00It was nice of them to save the New York Court of ...It was nice of them to save the New York Court of Appeals the burden of interpreting a New York statute. Very thoughtful. <br /><br />This was not a clear cut case.<br /><br />Page 12 (lines 3-5)--it's a question not clearly answered in New York Caselaw.<br /><br />Page 13 (lines 14-15)--"certification is not necessary where precedent is clear...."David M. Gottlieb, Esq.http://www.thecplrblog.comnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-80791497940651178432009-08-30T18:07:29.237-04:002009-08-30T18:07:29.237-04:00That is not the issue in Bliven v Hunt.
The issue...That is not the issue in Bliven v Hunt.<br /><br />The issue is whether the Queens Family Court judiciary can manipulate Bliven's work product by docking his fees and whether that manipulation is actionable in federal court.<br /><br />Bliven represented indigent clients whose children were remanded into foster care. When Bliven moved to obtain discovery pursuant to CPLR 408, the trial judge denied him the request.<br /><br />The specific discovery Blien sought was the complete file from ACS and the Catholic foster care agency. Within that file were the family serviie progress notes, progress note cover sheets, drug tests and other data Bliven felt he needed to properly defend his indigent client.<br /><br />Instead of compelling the production of materials, the judges docked his pay.<br /><br />Hence, the judiciary's intent was to hush up Bliven so that the case could proceed unchallenged and the parents could remain in the dark. The child would be under Catholic control and no one would be able to determine what is going on with the child.<br /><br />The implication is that even assigned counsel has to toe the line in keeping parents unable to challenge the ACS and the foster care agencies.<br /><br />The federal court on the other hand has revealed that it does not discern an alarm being rung in Queens Family Court.<br /><br />Parents will now have to take matters into their own hands.lomtevashttps://www.blogger.com/profile/12452624024789053021noreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-71827767384621337002009-08-05T22:51:32.587-04:002009-08-05T22:51:32.587-04:00Lately I've been wondering why a party would b...Lately I've been wondering why a party would bring in outside counsel only to argue the appeal. In the few arguments I've watched, I've noticed that there are some issues where the attorney arguing the appeal didn't appreciate the context. And as a result the arguments were butchered. Have you ever seen something like this?<br /><br />Obviously, this has nothing to do with this case.David M. Gottlieb, Esq.http://www.thecplrblog.comnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-76145507069938524162009-07-30T22:43:07.384-04:002009-07-30T22:43:07.384-04:00Norman,
Good Luck on the Appeal on a very interes...Norman,<br /><br />Good Luck on the Appeal on a very interesting issue.E. W. Armstrongnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-26754289032255406092009-06-14T11:35:55.076-04:002009-06-14T11:35:55.076-04:00Government curfews are unamerican.Government curfews are unamerican.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-59119893368507115522009-06-12T10:52:42.298-04:002009-06-12T10:52:42.298-04:00Norman, what I find particularly remarkable is tha...Norman, what I find particularly remarkable is that the plaintiff bothered to sue Bluestone. <br /><br />An unwritten part of the case is that this plaintiff-attorney must have had a long-standing problem or rivalry with Bluestone. Otherwise, why proceed with this case?<br /><br />Bluestone's faxes were a minor annoyance. I used to receive them along with other unsolicited faxes, such as cheap health insurance, stock tips, etc. <br /><br />On a practical note, Bluestone has probably paid the equivalent of the damages which were awarded (and reversed) through attorneys' fees, appellate printing costs, lost time, and agita.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-17748583174378425382009-06-03T23:32:40.923-04:002009-06-03T23:32:40.923-04:00Comrade,
Could it be that the Solicitor General i...Comrade,<br /><br />Could it be that the Solicitor General is as confused as the Supreme Court Nominee ??<br /><br />E. Wolfgang ArmstrongE. Wolfgang Armstrongnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-54818917873292096212009-06-03T18:16:05.096-04:002009-06-03T18:16:05.096-04:00Norman,
Is not the so-called "linkage" ...Norman,<br /><br />Is not the so-called "linkage" an informal understanding? Assuming that this is so, would not this preclude a recovery for the judges?<br /><br />Also, even if the Court of Appeals were to rule that there were a "linkage" and that there was no separation of powers, where do we go from there? Is not it still up to the Legislature to legislate salaries?<br /><br />I think that the Court of Appeals will be constrained to dismiss the various salary suits. What do you think?<br /><br />Mark SeitelmanAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-70374214529156322902009-05-22T14:03:25.162-04:002009-05-22T14:03:25.162-04:00Dear Norman:
I can honestly say "I didn't know th...Dear Norman:<br /><br />I can honestly say "I didn't know that!"<br /><br />Thanks for the legal lore.<br /><br />Mark E. SeitelmanAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-54099193940993822442009-05-16T23:50:00.000-04:002009-05-16T23:50:00.000-04:00Rumpole of the Old Bailey was the patron. M.A.Rumpole of the Old Bailey was the patron. M.A.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-78668171829786347562009-05-13T18:23:00.000-04:002009-05-13T18:23:00.000-04:00Dear Mr. Olch,
Did Lincoln really say that? Well...Dear Mr. Olch,<br /><br />Did Lincoln really say that? Well, he stole it from me! I have been saying it for years.<br /><br />Seriously, best wishes on your excellent blog.<br /><br />Mark E. Seitelman<br />www.seitelman.com<br />www.seitelman.wordpress.comAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6848839859785446722.post-46957232404943140442009-05-09T07:50:00.000-04:002009-05-09T07:50:00.000-04:00Mr Olch,
Good Luck on your new blog. It certainly...Mr Olch,<br /><br />Good Luck on your new blog. It certainly is interesting reading.<br /><br />After reading your comments on both a replacement for Justice Souter and your insights regarding our 16th President --- I was inspired to read Lincoln's Address at Gettysburg.<br /><br />A thought --- Will Souter's replacemrnt bristle at the thought that Lincoln stated in his address "That this Nation, under God" --- or will he be more comfortable citing the law of Zimbabwe or Cuba as reliable precedent ??<br /><br />I do realize that Lincoln's words were not legal precedent --- but Church of the Holy Trinity vs. United States 143 U.S. 457,470-471 (US Sup. Ct. 1892) is legal precedent.<br /><br />E. Wolfgang Armstrong<br />gothamlaw101@aol.comE.W. Armstrongnoreply@blogger.com