Thursday, February 23, 2017

Keep Churning


  • Solar City reached long-term lease agreements with owners shortly before or during foreclosure. What does that mean? More legal work. [New York Times]
  • The County Commission's decision on development near Red Rock means more legal work too! [Las Vegas Sun]
  • Innocence Project lawyers for Kirstin Blaise Lobato are asking the newly formed DA Conviction Review unit to analyze her case. [RJ]
  • Will Nevada finally ratify the Equal Rights Amendment? [RJ]

38 comments:

  1. I can't believe people were that opposed to the ERA. I'm curious what anyone thinks it does that is wrong. I hadn't paid any attention until the hearings/news

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    1. I do not oppose the ERA. But here is some guy's list of "why ERA bad"

      http://www.arragopwing.com/eraposition.html

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  2. I am a conservative. There is really no reason not to have the Equal Rights Amendment. I get it. The history has involved the Amendment getting entangled with collateral political issues which may or may not have had any relationship with it. I get it. People are afraid that it will be a gateway to bad legislation being adopted; so fight the bad legislation. But the actual text of the Amendment itself is common sense in and of itself.

    Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
    Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
    Section 3. This amendment shall take effect two years after the date of ratification.

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    1. The 14th Amendment guarantees equal protection from the States. The 5th does the same for the federal government. What, exactly, does the ERA change that isn't already covered? Put another way, how does the ERA get interpreted in a way that avoids surplusage?

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    2. Who You People

      Didn't this crap die back in the '70's?

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  3. Let's talk about the Guardianship Bench Bar from yesterday.

    They are now going to give every ward in guardianship their own attorney, much like a public defender in criminal matters. That's all well and fine, except they have no way to pay for that. The solution, so far, apparently, is that they may raise the filing fee on all civil matters and then fill the gap with an expectation that all guardianship attorneys will do "pro bono" work.

    I am a guardianship attorney and I will not participate in that. This is not pro bono work. If our society decides that every ward needs a guardian, that is fine, but society collectively needs to pay for it. We do not run the public defender program through the hopes that criminal defense attorneys give away their time for free to the accused. We actually fund, albeit poorly, a public defenders office.

    I spend quite a bit of time doing pro bono work. Real pro bono work is to assist those who don't have access to our justice system, not to volunteer to fulfill an unfunded government mandate.

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    1. But it worked so well for the Childrens' Attorney Project. Why can't we just have every ward also get their own attorney? Our filing fees are already outrageously high. If you are truly concerned about Access to Justice, stop jacking up filing fees for the masses to pay for special interests.

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    2. It's just a way to continue LACSN's empire building. Every ward does NOT need an attorney. A few competent attorneys could screen every guardianship case for compliance.

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    3. @9:41, were you one of the foxes guarding the hen-house that got the media all stirred up over this area in the first place? I tend to agree that requiring a publicly funded attorney for every single ward is extreme. It wouldn't be necessary if our legal community (hello, BAR!) would just police itself. Hahahaha! Made myself laugh at that one! Lawyers policing lawyers... lol.

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    4. @9:41, No one said you were required to participate in providing "pro bono" services, you are free to decline to participate to your heart's content. Just as you have the right to decline to participate, you also do not have the right to be appointed unless the "client" retains and pays you. The Court is not required to appoint you on someone else's dime and is free to decline to appoint you in favor of another attorney that does elect to participate in providing "pro bono" services.

      @11:25, how do we determine who the "competent" screening attorneys are? Would it perhaps be the same group of foxes guarding the hen house that 11:51 refers to?

      @11:51, I agree with your thought that the State Bar should be policing the membership, but we can see how well that has worked over the years.. I have lost count how many have stolen from their clients and because of shedding some crocodile tears about some personal problem in their life (alcohol, drugs, gambling, poor business skills, etc.) they keep their license (possibly receive a suspension which may be stayed) and continue happily on their way. The victims almost never recover and lose faith in the legal system. The rule should be simple (and what they used to teach in P.R. class.. you steal=disbarment (plus possible criminal sanctions)).

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  4. http://www.latimes.com/local/lanow/la-me-ln-state-bar-trutanich-20170222-story.html

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  5. My hope is that the Nevada Legislatures gets to all of the important issues facing this state during its short legislative session. Just one issue would be addressing the lack of equality in our education system and the breakdown of the CCSD. The ratification of the ERA, while important to some, appears to be ceremonial only.

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    1. Here Here. A good start would be abolishing collective bargaining for teachers. Breaking CCSD into 12 new competing districts would be a good next step. For total victory, abolish common core garbage.

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    2. What purpose is served by abolishing collective bargaining for a group that gets paid dick already? There is a teacher shortage every year because the pay is so low. Please for the love of god stop trying to fuck every poor person over simply because Hannity tells you to.

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    3. Teachers are not underpaid. Compared to other jobs with a similar educational background requirement, they are over paid. Check out the Clark County website that lists county employee salaries. Many teachers make $60,000 after a few years on the job. There are associates at law firms that start less than that in Vegas. The whole "teachers are underpaid" cry is a fallacy. It is a crappy job dealing with other people's children, that is why there are shortages of teachers.

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    4. We have many police officers earning over 100K and they're on PERS. Pay teachers more now, need less cops later.

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    5. I'm an attorney and my wife is a teacher. We have similar levels of experience (both have grad degrees), but I obviously make a lot more money. I absolutely disagree that she is overpaid.

      By the way, I don't know where a $60k figure "after a few years on the job" comes from. With nearly 10 years experience and a Masters degree, my wife still makes less than $50k.

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    6. 4:42 here. I meant we have similar education. She actually has more experience, because she was working while I went to law school.

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    7. I am sure she has better benefits than you as an attorney.

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    8. I think the interest in getting rid of unions for teachers is because existing contract provisions make it so difficult to fire bad teachers, not that teachers are overpaid. That's my (admittedly relatively uninformed) take anyway.

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    9. I too am married to a teacher who has been in CCSD for 17 years. She has her masters plus 32, she hit $60K in year 15. The only education grade higher than her is a PhD. so your statement that many teachers make $60K after a few years is not only incorrect, it is grossly misinformed. We are all dumber for having listened to you, I award you no points and may God have mercy on your soul.

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    10. @8:38, is that 60k based on a 9 month or 12 month work year?

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    11. @5:08, I'm guessing you've never spoken to anyone who was forced to deal with Teachers Health Trust.

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    12. THT is an absolute nightmare. We have a case with them right now and its shocking how it operates.

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    13. You get a pension. Most people don't. I used to be pro teacher, but now I am not anymore. Our kids cannot read. Our school system is a joke. Getting a law degree is way harder than getting a teaching degree. I am not reading responses to this post.

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    14. Experience and education aren't the only factors in what I think a teacher is worth paying. Wrangling kindergarten through grade 3 doesn't require and shouldn't benefit from an advanced education or experience beyond the basic experience that makes anyone competent at anything. Teaching high school physics (we still teach them that, don't we?) should pay at least as much a young lawyer makes.

      Same thing for college. If you're teaching STEM, you should be able to drive a nice BMW if you want. Teaching History of Rock And Roll to freshmen should be good for Starbucks card and a discount on your grad tuition.

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    15. Have you ever had to deal with a high functioning autistic kid who's parents refuse to get the child diagnosed, while dealing with two kids who's parents are in jail and they are with a foster or a grandparent who can''t handle them, while dealing with a helicopter parent and their "genius" child who shouldn't be getting b's in public school, while the kid in the corner just came from the Ukraine and doesn't speak english? And you have to all have them fluent in reading english by third grade? And a graduate degree isn't needed? Fah Koff. And as to the 9 month vs. 12 month, so you have a graduate degree and you have worked somewhere for 15 years and they pay you $60K for 9 months or the equivalent of $80K/year. Seriously? If you were successful enough to have associates they would be pissing in your coffee pot as we speak.

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    16. Some of the dumbest fucks I know are teachers.

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    17. The rest are lawyers.

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    18. What a come back. Getting an education degree is so hard. That is why all the dumbest people in my hs went into teaching.

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    19. @3:09, I don't know where your at or the area of law you practice but ask insurance defense attorneys the average salary for that area of law or most government attorneys (between those 2 areas you probably have a majority of attorneys represented) and you will be told 80k isn't far off what an experienced attorney in that area is paid.

      Just happened to see a listing today on Linkedin for a trial attorney for Liberty Mutual Insurance. Salary range is 70k-90k. I don't think they have a defined benefit pension either, unlike teachers. Also don't have tenure or rights protected by collective bargaining.

      I agree that some teachers are underpaid, but some are also overpaid for what they do. Unfortunately the poor (under-trained to be generous) resist tying pay to performance. Perhaps a better system is having a minimum salary with bonuses for specific subject matter, taking on additional responsibilities, and hitting performance goals.

      The CCSD is way too top heavy with overpaid administrators and underweight with competent teachers. Move the education money back into the classrooms where the kids can benefit (and competent teachers can be paid what they are worth).

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    20. Per CCDC website, for year 2016-2017, first year teacher (with only BA and without any prior experience) makes approximately $40K base salary, with a benefits package of approximately $20K. Name one other private sector job where you have what is essentially a "liberal arts" degree and still make salary and benefits of $60K per year. There are none. Grads today are making on average $35K (no or de minimum benefits) straight out of college and they are working 50 weeks a year.

      This is not to say teachers are overpaid or underpaid. It's just facts. You make the decision on whether teachers are overpaid/underpaid. But, teacher salaries are not what is wrong with the education system. 3:09 pm hit it on the head. In our quest to teach all children the same (keep everyone in the same class so we don't marginalize anyone), we've made it impossible for teachers to teach anyone.

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  6. "Pay teachers more now, need less cops later."

    This kind of long-term thinking doesn't help much in the next election.

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    1. Still waiting for that demonstration that teacher pay scales to student outcomes.....

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    2. I'm still waiting for the same re: attorneys.

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