Ostensibly exploring the practice of law before the internet. Heck, before good highways for that matter.
Friday, June 27, 2014
Thursday, June 26, 2014
Saturday, June 27, 1914. Distributing weapons.
Danilo Ilić, a member of the Black Hand, distributed pistols, bombs and cyanide pills to the six assassins that would be placed along the procession route Archduke Franz Ferdinand would take the following day.
US Presidential adviser Edward M. House met with British Foreign Secretary Edward Gray as part of a U.S. effort to preserve peace in Europe.
Last prior edition:
Friday, June 26, 1914. Intervening in the Dominican Republic.
Wednesday, June 25, 2014
Friday, June 26, 1914. Intervening in the Dominican Republic.
The US landed Marines and Sailors at Puerto Plata, Dominican Republic, to end the city's bombardment and protect the port from disruption during the country's civil war.
The South African senate passed the Indian Relief Bill abolishing a tax against Indian citizens, recognizing Indian ceremonial marriages, relaxing immigration laws, and pardoning members of the Indian resistance movement, which Mahatma Gandhi then suspended.
Last prior edition:
Thursday, June 25, 1914. Deaths and a disaster.
Mid Week At Work
Tuesday, June 24, 2014
Thursday, June 25, 1914. Deaths and a disaster.
Fireman George Breddy, one of the survivors to date of the Canadian Arctic Expedition on Wrangell Island, was found dead of a gunshot wound.
Accused during his stay on the island of theft and hoarding, some missing items were found on his body. It wasn't certain if his death was due to homicide or suicide.
Only fourteen of the original twenty-five survivors of the HMCS Karluk's sinking were now left alive.
A massive fire broke out in Salem, Massachusetts, creating widespread destruction and the calling out of the local National Guard units, including elements of the Eighth Massachusetts Infantry Regiment; the Second Corps of Cadets, the Ninth Massachusetts Infantry Regiment and some Naval militia.
Last prior edition:
Wednesday, June 24, 1914. Playing international chess.
Monday, June 23, 2014
Wednesday, June 24, 1914. Playing international chess.
Austro Hungaria wrote Germany that Romania could no longer be considered a reliable ally on Balkan issues. In fact, Imperial Russia was working on forming an alliance with Romania, Bulgaria, Serbia, Greece and Montenegro against Austro-Hungaria. Austro Hungaria therefore was seeking to have Germany go with it in forming an alliance of Germany, the Ottoman Empire and Bulgaria against Russia.
The U.S. and Norway concluded a treaty for the advancement of general peace.
Last prior edition:
Tuesday, June 23, 1914. The decisive Villista Victory.
Instant Communications and the Erosion of Leisure?
I don't "push" my email to my cell phone, like a lot of other people do. I don't do this intentionally, as I don't have the discipline not to check it. The only time that I do that is when I'm on the road.
The prior day, a client had called me with an emergency. I called the opposing attorney, who was not there, and left a message and followed up with an email. All I could do, under the circumstances, late on a Friday.
After I left work on Saturday, my client emailed me twice. Once to inform me that the problem still existed, and then to inquire why I hadn't yet solved it. Only 24 hours had gone by, most of it in a weekend.
The following day, the opposing attorney emailed me, which I didn't realize as I don't check my work emails while I'm in town, and not in my office, as a rule. But he apparently does.
I'm sure this isn't unique to the law, but its bad all the way around. Twenty four hour a day communications has risen to the level of a 24 hour work expectation. This means that, at some level, peoples lives now are more their work than ever, and they are what their professions are, with no other life that cannot be invaded. As trends go, people like to cite to instant communications as an advancement, but I doubt it really is. Time for the personal life is gone.
We see now where over half of all Americans are disenchanted with their employment and in high stress occupations this is particularly so. I can't help but thing people leaving their Iphones on all the time contribute to that. Well, don't do it. It'll wait till Monday.
Tuesday, June 23, 1914. The decisive Villista Victory.
Sunday, June 22, 2014
Some Gave All: In 'The Agony of War,' a life of trouble, a moment...
Saturday, June 21, 2014
It’s Official: The Boomerang Kids Won’t Leave - NYTimes.com
A legal Gerontocracy?
Epilog:
From the June 5, 2013, New York Times.
ALBANY — At 74, Justice Sidney F. Strauss loves his job and has no desire to stop working. But at the end of 2014, he may be forced into his golden years by a mandatory retirement rule.
“Fifty years ago, when the life expectancy was 61, if you said, ‘You want to work to 76?’ They’d say, ‘You should live so long,’ ” said Justice Strauss, a State Supreme Court judge in Queens. “But as long as I am physically and mentally capable of doing this, I want to keep doing this.”
Each year, judges across New York and the rest of the country grudgingly hang up their robes because of these rules, many of which were inscribed in state constitutions well before the eras of penicillin, cholesterol drugs and hip replacements. More than 30 states and the District of Columbia have an age limit on jurists, according to the National Center for State Courts: 70 is the limit in many states; in Vermont, it is an optimistic 90.
In New York, judges have to retire at either 70 or 76, depending on their courts. But this year, a reprieve seems possible.
The Legislature has been considering a bill that would amend the State Constitution, if approved by voters, to extend the retirement age to 80 for hundreds of judges statewide, including the chief judge of the Court of Appeals, Jonathan Lippman.
Goodness. Law belongs to the public, and a person loving their job has little to do with that. Moves such as this effectively mean that people can live in some judicial districts had have the same judge presiding over it their entire lives. That hardly seems fair, or wise. People may, due to improved healthcare, live to very advanced years, but does that mean that they should get to treat the office of judge as a personal possession for those long lives?
Epilog
Earlier this week I posted an item from the Federal Court list serve on the 70, that's right 70, Federal judges who are still serving on the Federal bench in some capacity who are veterans of World War Two.
I suppose differently, but that of course means that these gentlemen way up there in years. I mentioned this to a couple of people, and received a couple of different reactions. Frankly, having had to deal with the problems my mother's dementia creates for her, and therefore by extension us, has caused me to really, really doubt the wisdom of allowing somebody to work in this capacity for so long, and I wasn't the only one. My mother thinks she's fine, and if she were a Federal judge, she'd probably be refusing to retire. She certainly is in exceptional health for a person her age, except for mentally.
One reaction was a shocked "why would a person do that" which a teenager expressed to me. "You could retire and do whatever you wanted." Frankly, I feel that way too, although at age 51 I'm beginning to see how it becomes the case you can no longer do whatever you'd want. Still, I had that question myself.
A question of that type was one of the things the interviewer asked the various judges. Here's one of the answers?
Q. What makes you continue to serve on the bench?Well, okay, but that perhaps demonstrates why these appointments probably ought to have a cap for retirement on them. Nixon was a while back there.
A. I was appointed for life and I’m going to serve out my term. … it’s a performance of a duty, the same as I was doing when I was in Europe. I’m very big on duty, I was given a duty by President Nixon, and I have done my damnedest to carry it out for the 40 years I’ve been here.
Another jurist just enjoyed doing the job:
Q. You’ve kept up an active workload as a judge. For those who don’t have a lifetime appointment, what is that keeps you judging at this time of your life?I like that answer a lot better, quite frankly, although it still bothers me that a person can occupy a limited special occupation for so long.
A. Well, I respect the court, and I’m interested in what I’m doing, what I have been doing over the years, so I’d like to continue doing as much of that as I’m physically capable of. Well, it’s partly just the satisfaction of doing this kind of work. If I didn’t like it, I wouldn’t have stayed on as long as I did, because I could have retired or gone elsewhere many years ago. This is just what I like to do most.
Judge Leo Glasser provided this reasoning:
Q. Why do you continue to work full-time on the bench?Judge Arthur Spatt's view was similar, implicitly.
A. Well, to begin with, I love the law. The United States District Court is without any doubt the greatest court in the world, in the sense that it deals with everything from admiralty to zoning – every conceivable aspect of the law. Also, if senior judges all decided to go fishing, I think the federal judiciary would be in a great deal of difficulty. I don’t remember the percentage of federal cases that senior judges deal with, but it’s substantial. We perform a significant service to the judiciary, and to the country by extension.
Q. Why do you continue to work as a judge?I can't say that any of this changes my view. Rather, in some ways it reenforces it. The job doesn't really belong to an individual the way other jobs do, but rather to the country as a whole. It does charge that person with a duty, but does that duty include occupying it until death? I don't think so. Perhaps a larger duty exists to allow it to be occupied by a younger generation at some point. And no matter how much a person might enjoy it, enjoying it wouldn't seem to be a justification for continuing to occupy it.
I carry a full load, absolute full load, same as my regular colleagues. This is the most extraordinary judicial position. … I have both civil and criminal cases. I have diversity cases, where a citizen of one state is suing a citizen of another state. Every kind of case, whether it is an automobile accident or an action on a promissory note or a contract. I am so fortunate to be able to have this judgeship. … It’s as stimulating as the first day I was in it. Every case presents new things, innovative things, interesting things, challenging things.
The "Greatest Generation". Admiring the generation while disliking that monkier.
From Henry V.WESTMORELAND. O that we now had here
But one ten thousand of those men in England
That do no work to-day!
KING. What's he that wishes so?
My cousin Westmoreland? No, my fair cousin;
If we are mark'd to die, we are enow
To do our country loss; and if to live,
The fewer men, the greater share of honour.
God's will! I pray thee, wish not one man more.
By Jove, I am not covetous for gold,
Nor care I who doth feed upon my cost;
It yearns me not if men my garments wear;
Such outward things dwell not in my desires.
But if it be a sin to covet honour,
I am the most offending soul alive.
No, faith, my coz, wish not a man from England.
God's peace! I would not lose so great an honour
As one man more methinks would share from me
For the best hope I have. O, do not wish one more!
Rather proclaim it, Westmoreland, through my host,
That he which hath no stomach to this fight,
Let him depart; his passport shall be made,
And crowns for convoy put into his purse;
We would not die in that man's company
That fears his fellowship to die with us.
This day is call'd the feast of Crispian.
He that outlives this day, and comes safe home,
Will stand a tip-toe when this day is nam'd,
And rouse him at the name of Crispian.
He that shall live this day, and see old age,
Will yearly on the vigil feast his neighbours,
And say 'To-morrow is Saint Crispian.'
Then will he strip his sleeve and show his scars,
And say 'These wounds I had on Crispian's day.'
Old men forget; yet all shall be forgot,
But he'll remember, with advantages,
What feats he did that day. Then shall our names,
Familiar in his mouth as household words-
Harry the King, Bedford and Exeter,
Warwick and Talbot, Salisbury and Gloucester-
Be in their flowing cups freshly rememb'red.
This story shall the good man teach his son;
And Crispin Crispian shall ne'er go by,
From this day to the ending of the world,
But we in it shall be remembered-
We few, we happy few, we band of brothers;
For he to-day that sheds his blood with me
Shall be my brother; be he ne'er so vile,
This day shall gentle his condition;
And gentlemen in England now-a-bed
Shall think themselves accurs'd they were not here,
And hold their manhoods cheap whiles any speaks
That fought with us upon Saint Crispin's day.


Sometimes the term The Greatest Generation is used ironically by those now in the Boomer generation to castigate the youth of today. No doubt the world and our nation has changed enormously since 1945, but much of the change that commentators now complain about came about due to the "revolution" that that very generation brought about. If the youth of today do not seem to have the values and views of the generation that fought World War Two, and which we now so admire, perhaps the generation that brought so many changes about and created the world that the youth of today are living in should take stock of that, and no doubt many do.

Epilog
Recently the Federal Court interviewed some of the seventy (that's right, seventy) World War Two veterans who are still serving on the Federal Bench. I'll comment on that elsewhere, but one of the questions the interviewer asked is whether they thought they were the Greatest Generation. The answers were interesting.
Federal Judge Tom Stagg, a Nixon appointee who plans on serving on the bench until he dies, sure thought so:
Q. Do you consider yourself to be part of a “Greatest Generation”?They didn't all feel that way, however. Here's the quote from another serving Federal Judge who is a World War Two veteran:
A. Compared to what I see today, yes. I think you get duty pounded into you, or did in those days, and you learn it as boy, as a Boy Scout, as a member of a military unit. You have assigned duty and you have to do it. You even want to do it. I would no more have stayed home during World War II. I can’t imagine doing that. This is my country. I’m proud of it.
Q. Do you like the phrase “the Greatest Generation”?Judge Leonard Wexler, however, also agreed with the Greatest Genreation tag:
A. I don’t like it. I think it glosses over the imperfections of the American society in that time. They forget that we were terribly racially biased in the Army. Black troops were treated miserably. … This is part of the Greatest Generation that isn’t mentioned, and I’ve seen terrible things that the military did. That inevitably will happen. I think it’s overblowing the character of the people who were in the Army, were in the Navy, in the Air Force. Which is not to diminish what they did, or in any way detract from their contributions, but I think to blow up any particular generation as the Greatest Generation is a mistake.
Q. Do you like the phrase “the Greatest generation”?
A. Yes, I like it. I think it fits. We were the greatest generation. I mean, everybody was united. Everybody stood together. I’ll give you an example. When I got home and I would take the train, a Brooklyn kid, I had a cane, everybody would stand up to give me a seat. Everybody was so nice. I really felt good that we were a great country at one time, united.
Judge Jack Weinstein sure didn't, however:
Q. Do you like the phrase “the Greatest Generation”?
A. It’s nonsensical. Every generation is great. We responded to difficulties of the depression and the war, and people I see today are responding to other problems. Every generation has greatness, and it has despair and has things that it should be ashamed of doing. For us, it was no different. I remember seeing things that were absolutely disgraceful—the way African Americans were treated and the way women were treated. Ours was not the greatest generation.
Judge Arthur Spatt agreed with the term, but had a more nuanced view:
Q. Do you feel you were part of a “Greatest Generation”?
I think the greatest generation was this country as a whole. It was united. Everybody worked toward one goal, whether it was giving up your food, rationing, or becoming an air raid warden on the block to make sure the lights were out at night. Everybody participated, with a full heart and no dissent. So, when in the history of this country does this ever happen?












