The people's voice of reason
The people's voice of reason
Sorted by date Results 326 - 350 of 362
Last month I described how the Finnline and adequate yellow time can put an end to dangerous panic stops at signaled intersections. Here are some additional remedies to improve the traffic flow. The legitimacy of installing a signal for a private property is dubious at best. And because of the way many are timed, they are particularly obnoxious. A few weeks ago, Walmart opened a new store on highway 231 across from the Garrett Coliseum in Montgomery. Like at every other I had seen, it had a...
Lawyer advertising turns most people off. That includes many members of the legal profession itself. Ads that include boxing gloves, horses, tigers and big trucks may be mildly amusing the first time you see them, but add little to the image of the legal profession and nothing to the dignity of law. Those of us who still regard law as a gift of God that allows humans to live peaceably together have difficulty seeing how the commercial advertising of legal services as a commodity can be...
WACV Talk Radio, I asked Montgomery Mayor Todd Strange what he was going to do about removing the obnoxious red light cameras from the city. His answer was very blunt, “Nothing.” In fact, he even announced that he had plans to install some more. Why? Does Mayor Strange understand that they do essentially nothing to improve safety? Apparently not. But he obviously knows that they generate a great deal of revenue by legalized piracy. This is especially true when yellow lights are timed so sho...
It seems like every time I answer the phone these days it is a new opinion poll. The pollsters have even gotten into cell phones. I probably receive at least twelve or fifteen such calls each week. The calls are intrusive and excessive. The benefits arising from the overburden of surveys is highly questionable. The problems facing government these days are highly complex, to say the least. Most of us have our hands full simply dealing with the problems that confront us in daily life. So what is...
A survey by the Kaiser Family Foundation found that more than four out of five parents are concerned that their children are exposed to too much televised drama, sex and violence -- yet millions of youngsters are still enthusiastically watching hours of TV daily, with little or no supervision. That's unsettling news for clinicians and medical professionals alike. American children spend an average of six hours each day watching TV or using other media devices . That's more time than they devote...
In September and October, I wrote articles describing the dangers that are inherent in corporate America’s ability to impose arbitration on the consuming public. I pointed out that the power of dispute resolution is vested in the courts and that when dispute resolution is privatized, the public is deprived of its right to know. On December 14, 2015, the United States Supreme Court decided the case of DIRECTV v. Imburgia, which deals with arbitration. DIRECTV had entered into a contract with all...
Faith is what we really and truly believe. It performs some remarkable functions that do not depend on its ties to religion. All of us believe that we exist in a physical environment on the face of the earth and that by observation we can come to understand that environment. We take for granted that the objects that surround us have names and that there are words that we can use to identify and describe them. Because we live in a social environment in with others who share those same words and...
I am currently teaching a course about faith in my church. I make the rather obvious point that faith is what we really believe. I’m afraid that sometimes we don’t really believe what we say we believe. We always act consistently with our faith. Jesus said, “Ye shall know them by their fruit.” But if our actions always reflect what we believe, then why don’t we always do what we know is the right thing to do? Plato thought if a person knows what is right, he or she will act consisten...
Every person with even a whit of common sense knows that bribery is illegal and fundamentally wrong. But people still do it all the time. Some are rather petty. I know a fellow, whose name I will not mention, who has used bribery as a means of getting out of traffic tickets. Back in the days when he was a practicing doctor, he faced many situations where getting to patients and appointments promptly was crucial in administering aid to save people’s lives. As a result, he was often caught e...
Our country is facing a myriad of crises both at home and abroad. These include but not limited to an effective foreign policy in which President Obama has diminished over a century of the U.S. role as a major force in maintain some semblance of order among rogue nations in the Mideast, Russia and China. As a result, the America we once knew is no longer considered the number one world power and, consequently, has lost its influence world-wide. The chaos which has been allowed and to some...
This column will focus on the privatization of dispute resolution in arbitration. Congress enacted The Federal Arbitration Act that required arbitration in all matters involving interstate commerce where there was an arbitration agreement many years ago. In the 1980's the United States Supreme Court upheld that legislation. Since that time there has been extensive privatization of a very large amount dispute resolution. With rare exception Court proceedings are public proceedings, but arbitratio...
In my last article, I explained the failures and consequences of welfare programs for the so-called “poor” or “less fortunate” members of society. But there are also various welfare programs, mostly state and local, for the rich corporate giants. They are frequently touted as “economic development” or “economic incentives.” These come in various forms—outright grants, land, site development, roads, tax breaks, and various other freebies. Alabama is no exception. Practically everybody who doe...
Arbitration amounts to privatization of dispute resolution. Many of the States, including Alabama, had a stated policy specifically excluding the possibility of contracting away the right to go to court before federal legislation preempted state law. In 1925, Congress enacted the Federal Arbitration Act to require dispute resolution through arbitration if the parties to a contract agree to binding arbitration for dispute resolution. In the 1980s, the Supreme Court upheld that legislation and...
In a free society, welfare of any description is never a legitimate function of government. It is in fact, an important element of communism-i. e. "From each according to his abilities and to each according to his needs." It might seem like a great idea to some people, but Russia, North Korea, and several others have proven that it is both an economic and social disaster. Our founding fathers would have never considered even one of the numerous welfare programs that currently consume trillions o...
The concept of natural law was the prevailing philosophy of law throughout the formative period of modern nation states. The idea was that law occurs naturally. Nature, of course, includes human nature and the nature of human society. In general the created order of nature provides some solutions to problems that are better than others. Under natural law theory, the task of courts and legislative bodies is to find that law and declare it. At about the time the United States came into existence,...
Individualism in the legal profession, like other walks of life, thrives on legends and myths. The profession cherishes certain images. One of these images is the image of the rugged individual. Rugged Individualism is an important part of the American tradition. Pioneers were rugged individuals. The legal profession, an adversaria profession, fits right into this picture. Up until the Civil War the primary method of legal education was apprenticeship. Would-be lawyers “read” the law in the off...
As we approach the summer of 2015 it is significant to know, as research studies show, that violent crimes occur at a higher rate in the summer season than any other season. There is a current heightened dissatisfaction and anger among some individuals, groups and communities across America toward law enforcement officers. Distain, threats and acts of violence against police have existed for decades whether it is state, county, district, municipality, university or other special police jurisdict...
For several months this column has focused on various causes of ineffectiveness of the legal system. Most recently we dealt with the extreme ineffectiveness and waste of time that is involved with grand juries in the State of Alabama. Before that we had focused on ineffectiveness that results from the economics of law practice. This column will continue the focus on reasons for ineffectiveness in the legal system. The judicial system itself has certain built in problems. Trial court judges are...
Sometime after William the Conqueror successfully invaded England in 1066, the new line of kings decided they needed help rounding up local criminals to prosecute. Accordingly, they organized groups of local citizens who could keep up with what was going on in the local area to report crimes to the king and his court whenever they visited town. The result was the origin of grand juries. The process evolved so that prosecutors began to utilize the grand jury to bring about indictments....
In recent columns I have concentrated on the economics of law practice. We have discussed the economic motives of plaintiff lawyers, the economic motives of defense lawyers, and the fact that the combination may impact adversely on the ability of the legal system to efficiently resolve disputes. This column will focus on liability insurance and will complete the current discussion of the economics of law practice. Liability insurance companies exist because of litigation, and have a major...
Last month we explored the economic motives of defense attorneys. This month we will discuss the economic motives of plaintiffs’ attorneys. Both defense attorneys and plaintiffs’ attorneys must operate their offices as a business, if they are to be successful. They are both motivated to earn a living practicing law. There the similarity ends. Defense lawyers serve corporate America and liability insurance companies, in large measure. They must practice law in a way that is pleasing to corporate...
This column continues the discussion of the economics of law practice. It is the fourth in a series. First, we described the strong ties between law and economics. We pointed out that because the practice of law is a business, the economic motivation of the lawyers handling the litigation can actually make the legal system less efficient for conflict resolution. Quick resolution of legal disputes does not promote the economic interest of the law business. Defense lawyers who charge hourly rates...
The increase of accusations by the African-American or black community that white police officers disproportionately target black residents has become the focus of recent and current nation-wide protests – both violent and non-violent. News media coverage of the choking death of an unarmed black man, Eric Garner, during an arrest by New York City police officers followed by the shooting death of a young unarmed 18 year-old black man, Michael Brown, by a white patrol officer in Ferguson, M...
In last month’s column we pointed out that the economics of law practice can actually impede the ability of the legal system to efficiently resolve disputes. In future columns we will discuss in depth the economic motivations of both defense lawyers and plaintiff lawyers that contribute to the problem. Before launching into those specifics, however, we need to have a broad general understanding of the relationship of economics and law in the resolution of disputes. The relationship between law a...
In our preceding article we introduced the current series dealing with law, economics and the economics of law practice. Several upcoming articles will deal with the economics of law practice. In order to understand some of the problems associated with the economics of law practice it will be necessary to explain and understand certain dynamics about the nature of law. In 1913, an East European legal philosopher named Eugen Ehrlich, in his book Fundamental Principles of the Sociology of Law,...
