Debtor Relief, or Grief? The Bankruptcy Act of 2005
Washington Lawyer August 2005
The Stalwart
weblog of the
Milwaukee Lawyers Chapter
The Federalist Society
... liberals placed an extraordinary amount of faith in the reformist nature of the Supreme Court, using law to supersede local tradition in such landmark cases as Brown v. Board of Education (1954). Since the 1960s, the prevailing wisdom in the Democratic party has been that rights gain their authority from the federal government, with the Supreme Court helping to establish this definition on the national level (often to the detriment of local interests and customs).
When an entire continent, healthier, wealthier, and more secure than ever before, fails to create the human future in the most elemental sense -- by creating the next generation -- something very serious is afoot. I can think of no better description for that "something" than to call it a crisis of civilizationalmorale.
Q.2. Why did the levees fail?
A.2. What failed were actually floodwalls, not levees. This was caused by overtopping which caused scouring, or an eating away of the earthen support, which then basically undermined the wall.
These walls and levees were designed to withstand a fast moving category 3 hurricane. Katrina was a strong 4 at landfall, and conditions exceeded the design.
Q.3. Why only Category 3 protection?
A.3. That is what we were authorized to do.
The general explanation of why I am questioning shibboleths, however, is that this is one of the traditional responsibilities of philosophers. Socrates began it, and in one form or another it has been going on for over 2,500 years.
The one downside to a Feingold-headed Democratic ticket: With any other candidate Barack Obama pretty much has a lock on the VP slot. But it's highly doubtful the party would nominate a ticket consisting of a Jew and a black.
Political operative Rob Stein, who served as chief of staff to Commerce Secretary Ron Brown during the Clinton Administration, is directing the project. Stein has said he woke up one morning after the 2002 elections and discovered he was living in a one-party country. He vowed to study the conservative movement to determine why it was winning. The answer took him nearly a year to find. When he thought he had it, he compiled it into a comprehensive PowerPoint presentation, packed up and hit the road.
Division President-elect Bruce Munson says
Since becoming president-elect of the Government Lawyers Division this summer, I haven't had a reality check until President Jim Godlewski and I attended a strategic planning workshop for State Bar leaders. The Bar has adopted a new strategic planning methodology that utilizes SMART goals.
The SMART planning process is designed to develop goals that are specific, Measurable, Attainable, Results-based, and Time-bound. We worked hard through a Friday afternoon and Saturday morning under Eau Claire County Corporation Counsel Keith Zehms' able leadership to craft goals that will guide the division for the next several years.
While Feingold was blunt about his disappointment with Bush's administration, he was coy about whether he will run for president in 2008. Asked at every stop in Los Angeles if he will seek the Democratic presidential nomination, Feingold repeatedly answered with a variation on the response he gave at the Town Hall forum in downtown L.A.'s Biltmore Hotel, where he noted that John Kennedy headquartered his presidential campaign during the 1960 Democratic National Convention in the city.
Suggesting that he was firmly focused on opening up an honest debate about Iraq and the direction of the broader war on terror, Feingold said of a presidential run: "I really don't know whether I want to do that."
"This amendment would restore a true partial veto," allowing the governor only to reduce spending in a budget bill, Black said. ...
"The veto was originally intended to be a negative power, a check on the power of the Legislature," Black said. "Instead, because of state Supreme Court interpretations, the Wisconsin partial veto now allows the governor, by creatively deleting words or digits, to write new law, to raise taxes or to make appropriations without legislative approval."
In 1971, Weix said, animal rights activists made a clever, if disingenuous, move in an effort to prevent dove hunting in the state. Led by the late Lucile Hunt, the animal rights activists were successful in getting a measure passed by the Legislature removing the mourning dove from the state's list of game birds and designating it as the state's official bird of peace.
Ironically, Weix said, it was the election of an anti-hunter, Patricia Randolph, to the Dane County Conservation Congress in spring of 1999 that gave the mourning dove issue the boost it needed. Unaware that Randolph and a group of supporters were there, many hunters and anglers left the hearing before it ended, while the animal rights contingent stayed. As a result, Randolph was elected to a three-year term.
Randolph's election served as a wake-up call to the sporting community and, at the hearings the next year, a vote on whether to establish the mourning dove hunt became a rallying point for both hunters and anti-hunters. Some viewed it as a virtual referendum on hunter rights. The result was a record attendance at the hearings and an overwhelming victory for the hunters, with a 21,067 to 6,036 vote in favor of the dove hunt.
The Yes campaign of the French Socialists made much of the supposedly democratic procedures under which the 'constitution' was elaborated. Their trump card was that the 105 members of the Convention on the Future of Europe [footnote omitted] would be hearing from the representatives of Civil Society-in this instance, some trade-union officials and leaders of citizens' associations. It was clear from the start that the recommendations of the Convention would not be binding on the ministers of the Twenty Five. Had they deliberately set out to create the impression of a consultative fig leaf, eu leaders could hardly have done better. The analogy with the 1787 Philadelphia Convention, as several American commentators have pointed out, was risible.
The voting of the court this term, Justice Louis B. Butler's first, marks a significant shift from the court's previous term, in which Justice Patience Drake Roggensack was most often in the majority, and Chief Justice Shirley S. Abrahamson was most frequently among the dissenters.
The term was only the second since Wisconsin Law Journal began tallying the justices' voting patterns - the 2000-01 term - that Abrahamson was not the most frequent dissenter.
During the most recent term, [Justice N. Patrick] Crooks was in the majority in 87 of the 91 cases in which he participated, dissenting an astonishingly low four times. That placed Crooks in the majority in 96 percent of cases.
Andrekopoulos told the annual school-year kick-off program for principals, school administrators and community leaders that the auditorium where the School Board meets had been filled in recent years on occasions when people were demanding that jazz radio be continued on the Milwaukee Public Schools' radio station, when people were upset about plans for a piece of forest owned by MPS and when people wanted to protect the pay and benefits of adults.
"I'm still waiting for the day for that auditorium to be filled with adults rallying around our children," he said.
... I never knew -- until "The Civil Rights Project at Harvard University" told me -- that it was a civil right to get a high-school diploma now matter how little you know, and consequently to have a high-school diploma that certifies precisely nothing about your abilities and which therefore has roughly no value in the job market.
"A comparison of the United States and Germany reveals very different approaches to similar problems; perhaps a combination of the two would be best."
On August 18, the Illinois Supreme Court reversed a $1 billion judgment against State Farm Insurance Co. stemming from a national class action lawsuit. In rendering its decision, the high court held that the trial court erred in giving the suit class action status.
Q. Is Prachanda Path a result of a collective thinking? If it is, why is the ideology named Prachanda Path?
A. According to Marxist-Leninist-Maoist (MLM) theory, all ideas are cumulative and interactive reflections of the material world, which include collective human activities, in the human consciousness. Hence nobody should have any doubt that Prachanda Path is a result of the collective thinking of the vanguard of the Nepalese working class.
The MoveOn.org/Howard Dean/Free Press model of turning concern into action, whereby widespread dissatisfaction with the status quo is channeled into focused campaigns to change specific policies, has become popular-though concerns about the lack of accountability or democracy in this model (e.g., who decides what campaigns to take on) have been voiced.
[Q] The most common analysis of why Democrats have strayed from this project-as one New Deal congressman whom you quote says "Freedom Plus Groceries"-points to corporate money. Today's Dems are feeding at the same trough and they can no longer take on the insurance companies, etc. But in the latter half of the book, you provide a fascinating psychological account of why the Democrats strayed from this project, which was sort of born out of the conflict of the '60s.
[A] Yeah. The trauma of the generation of people who are running the Democratic Party was being blindsided by the political failures of left-of-center boldness. If you look at a lot of the most resonant and stalwart centrists and Democratic Leadership Council (DLC) Democrats, for a lot of them, their political coming-of-age was being blindsided by conservatism. For Bill Clinton, it was losing the governorship in 1980. For Joe Lieberman, it was losing a congressional race in 1980. For Evan Bayh, the chair of the DLC, it was seeing his dad lose his Senate seat to Dan Quayle in 1980. But the formative traumas of my generation of Democrats-and I'm 35-have been the failures of left-of-center timidity. So there really is a structural generational battle among Democrats. People of a certain age are terrified that the electorate is going to associate them with the excesses of the '60s, but most voters are too young to remember that stuff. The Republicans keep trying to paint the Democrats as the party of the hippies and punks who burn the flag.
The Framers clearly intended to keep a "constitutional distance" between the people and the selection of judges, but that distance has badly eroded since 1787. Not only are Senators now directly elected, removing some of the insulation between the people and the confirmation process, but several modern extra-constitutional innovations-such as opinion polling and broadcast media-have further shrunk the gap between the judiciary and the people.
... it seems deceptive to target only [then deputy Attorney General Jamie ] Gorelick, and extremely foolish to assume that all the screw-ups the 9/11 Commission may have made are attributable to some insidious desire to protect her (as opposed to, say, protecting John Kerry, or Bill Clinton, or the Pentagon, or George H.W. Bush, or the Commission's already-written story line--or to sheer negligence, lack of manpower, or excusable bad luck).
We agree that this was a bad decision on lead paint.
Nevertheless, we still think there is room for reasonable caps if only in recognition that excessive damages, though not as common as imagined, can still happen. Fortunately, it doesn't appear that the Supreme Court has closed the door on a legislative solution.
Now that Sandra Day O'Connor has announced her retirement, how many remaining justices have ever held elected office? How many have previously served at the highest levels of the executive branch of government? How many have argued big-time commercial lawsuits within the past thirty-five years? How many have ever