Monday, December 27, 2004
Judge Gebelein Continuing His Efforts to Support Humanity and Justice in Afghanistan
Several months ago when we wrote about our Judge Gebelein being activated and sent to the middle east as a Colonel with the Delaware Army National Guard, we knew that we would hear more of his work there. And the word has begun to trickle in. In Sunday's News Journal, you can read about how the Del. judge adopts Afghan orphanage. We are proud of Judge Gebelein, and hope that the support for his efforts there will continue to flow in.
Monday, December 13, 2004
FINALLY!!!!
After three years of law school, three months of studying for the bar exam, two and a half months of waiting for the bar results, and then two more months of waiting, I am finally a lawyer. Delaware Attorney #4576 to be exact. The ceremony was very nice and more interactive than I had expected. Larry got to stand in front of the Supreme Court Justices and say that it was his pleasure to move my admission to the bar of this great State of Delaware. And the Justices accepted my admission and welcomed me to the Bar. To which I responded with a "Thank you, your honor" that was a long time in the making. I'm nervous of course, but really looking forward to getting some experience under my belt.
Also, I know that I've really slacked off on the blog entries about my clerkship, but the truth is that after I got started writing I found that I didn't have too many interesting things to say on the subject. So, here are a few insights I picked up along the way:
- If you are going to appeal a case to the Delaware Supreme Court, make sure that you have a really good argument.
- If you wear a suit anywhere near the New Castle County Courthouse, be prepared to be stopped and asked, "Are you a lawyer?"
- It is really hard to find a civil trial in Court of Common Pleas. Here's a hint for anyone still working on their checklist: The Supreme Court has one on tape.
- If you are just going to a Sheriff sale just to watch, don't bring your checkbook. Or your ATM card.
- There's not much to learn by simply watching a jury selection happen. Most of the lawyer's whisper amongst themselves and the judge turns on a white noise machine when talking to potential jurors. Also, it seems like most people really don't want to serve on a jury. I didn't really understand this mentality for short trials. I wouldn't want to sit in the jury box for a week, let alone six months, but I would love to be called for jury duty for a few days.
- When going to a hearing in Chancery Court, leave your cell phone, laptop, pager, etc. in the car. It's easier than having to surrender your electronics to the bailiff.
- Federal District Court is really quiet and the courtrooms are huge.
- An uncontested divorce hearing only takes about five minutes. I think that this suprises a lot of pro se litigants. Quick story: One of the cases that I sat in on was a woman who had been seperated from her husband for seventeen years without getting a divorce. After the initial questions, the judge asked, "Do you know your husband's address?" The woman responded, "Nope." The judge asked, "Do you know your husband's social security number?" The woman again responded, "Nope." The judge then asked, "When was the last time that you spoke to your husband?" To which the woman responded, "About sixteen years ago." The judge then granted the divorce. The woman, visibly elated, looked at me as she exited the courtroom and excitedly whispered, "YES!!" I wonder if she had known that the hearing would be so easy, if she had just gotten it over with in 1987.
Also, I know that I've really slacked off on the blog entries about my clerkship, but the truth is that after I got started writing I found that I didn't have too many interesting things to say on the subject. So, here are a few insights I picked up along the way:
- If you are going to appeal a case to the Delaware Supreme Court, make sure that you have a really good argument.
- If you wear a suit anywhere near the New Castle County Courthouse, be prepared to be stopped and asked, "Are you a lawyer?"
- It is really hard to find a civil trial in Court of Common Pleas. Here's a hint for anyone still working on their checklist: The Supreme Court has one on tape.
- If you are just going to a Sheriff sale just to watch, don't bring your checkbook. Or your ATM card.
- There's not much to learn by simply watching a jury selection happen. Most of the lawyer's whisper amongst themselves and the judge turns on a white noise machine when talking to potential jurors. Also, it seems like most people really don't want to serve on a jury. I didn't really understand this mentality for short trials. I wouldn't want to sit in the jury box for a week, let alone six months, but I would love to be called for jury duty for a few days.
- When going to a hearing in Chancery Court, leave your cell phone, laptop, pager, etc. in the car. It's easier than having to surrender your electronics to the bailiff.
- Federal District Court is really quiet and the courtrooms are huge.
- An uncontested divorce hearing only takes about five minutes. I think that this suprises a lot of pro se litigants. Quick story: One of the cases that I sat in on was a woman who had been seperated from her husband for seventeen years without getting a divorce. After the initial questions, the judge asked, "Do you know your husband's address?" The woman responded, "Nope." The judge asked, "Do you know your husband's social security number?" The woman again responded, "Nope." The judge then asked, "When was the last time that you spoke to your husband?" To which the woman responded, "About sixteen years ago." The judge then granted the divorce. The woman, visibly elated, looked at me as she exited the courtroom and excitedly whispered, "YES!!" I wonder if she had known that the hearing would be so easy, if she had just gotten it over with in 1987.
Saturday, November 27, 2004
Buy Nothing and Get Arrested
Christmas is one of my favorite holidays.
I enjoy the joining together of family, the holiday feast, the mistletoe, and singing of songs, the decorations, and the giving of gifts. Yet I often wonder if the whole celebration is too commercialized.
When the lines start forming at the doors of shopping centers at 4 am, enticed by offers too good to refuse, I get a little bothered.
There's a movement that a growing number of people are participating in called Buy Nothing Day, sponsored by a group that asks us to look seriously at consumerism run wild, and to take some action to make others think seriously about it too.
Three sisters from Newark, Delaware, traveled to Christiana Mall this last Black Friday to try to get others to think about the holiday season in terms of what it means without the consumerism. They were arrested and charged with criminal trespassing for their efforts.
My family has instituted a no-gift-above-$10 rule this year. I hope admitting that in public doesn't get me led away in handcuffs.
I enjoy the joining together of family, the holiday feast, the mistletoe, and singing of songs, the decorations, and the giving of gifts. Yet I often wonder if the whole celebration is too commercialized.
When the lines start forming at the doors of shopping centers at 4 am, enticed by offers too good to refuse, I get a little bothered.
There's a movement that a growing number of people are participating in called Buy Nothing Day, sponsored by a group that asks us to look seriously at consumerism run wild, and to take some action to make others think seriously about it too.
Three sisters from Newark, Delaware, traveled to Christiana Mall this last Black Friday to try to get others to think about the holiday season in terms of what it means without the consumerism. They were arrested and charged with criminal trespassing for their efforts.
My family has instituted a no-gift-above-$10 rule this year. I hope admitting that in public doesn't get me led away in handcuffs.
Goodbye Paper, and Good Riddance
From the New Castle County Clerk of the Peace office comes the news that they will be getting rid of paper records.
It's great news. Remove the 400,000 thousand index cards, the 100 plus dusty old binders and books, and the hundreds of microfilm reels. Their day is done.
The Clerk of the Peace office keeps track of marriage licenses, and while they do a pretty good job of it, relying on the older media can mean that looking up older records can be a time consuming task. And all that paper takes up a lot of space.
When you hear that it will take about 30 DVDs to replace all of their paper records, you get a little idea of how much of an improvement that is. When you find out that it will take seconds to find records, even the older ones, the impact really hits home. Especially when some older records would take days and weeks to locate.
Certified copies of marraige licenses are needed for divorces, for estate law cases, for genealogical searches, and for other instances where that record may be important. This change will make the work of finding those records much easier for the Clerk's Office, and the decreased waiting time will be a boon for the people who need the records.
It's great news. Remove the 400,000 thousand index cards, the 100 plus dusty old binders and books, and the hundreds of microfilm reels. Their day is done.
The Clerk of the Peace office keeps track of marriage licenses, and while they do a pretty good job of it, relying on the older media can mean that looking up older records can be a time consuming task. And all that paper takes up a lot of space.
When you hear that it will take about 30 DVDs to replace all of their paper records, you get a little idea of how much of an improvement that is. When you find out that it will take seconds to find records, even the older ones, the impact really hits home. Especially when some older records would take days and weeks to locate.
Certified copies of marraige licenses are needed for divorces, for estate law cases, for genealogical searches, and for other instances where that record may be important. This change will make the work of finding those records much easier for the Clerk's Office, and the decreased waiting time will be a boon for the people who need the records.
Tuesday, November 23, 2004
Busing Newark: those who make the laws rarely ride the bus
A plan for a bus hub in Newark sounds like it has everything going for it.
From what I gather, no longer will larger buses be roaming the streets of Newark. The destination point for the vehicles will be the transit hub, and smaller city buses will travel around the neighborhood streets.
Fine and good.
But it leads me to wonder how many of the people making this decision actually depend upon bus routes. How many of them know what it is like to transfer from bus to bus to bus to get to work. Especially on cold winter days, or when riders rely upon a wheelchair.
Are the smaller buses capable of picking up and carrying passengers with wheelchairs?
There are a series of public meetings to be held on this project. The first will be at the Newark Public Library from 4 pm to 7 pm on December 15th. I hope my bus gets me there on time.
From what I gather, no longer will larger buses be roaming the streets of Newark. The destination point for the vehicles will be the transit hub, and smaller city buses will travel around the neighborhood streets.
Fine and good.
But it leads me to wonder how many of the people making this decision actually depend upon bus routes. How many of them know what it is like to transfer from bus to bus to bus to get to work. Especially on cold winter days, or when riders rely upon a wheelchair.
Are the smaller buses capable of picking up and carrying passengers with wheelchairs?
There are a series of public meetings to be held on this project. The first will be at the Newark Public Library from 4 pm to 7 pm on December 15th. I hope my bus gets me there on time.
Monday, November 22, 2004
Tax Presence - Tax Shelter or Tax Sham
Well, it froze over! I agree with a statement attributed to Richard Geisenberger in the News Journal today in an article about Delaware's efforts to continue to lead the way as a Corporate Headquarters location. He reportedly said:
"The stronger your presence in Delaware, the stronger defense you'll have in tax court,"
Delaware created a statutory Headquarters Management Corporation to provide structure and incentive for corporations to house their headquarters functions in Delaware. It is hoped by the State that this will bring new jobs and increased State revenues.
But this new law, and new type of corporation wasn't intended to handle all situations. Analysis will continue to be performed by other States' courts as to whether the protections under Delware Law have been properly implemented. As I have said many times, and as Richard Voll, Esquire (New Jersey) is reported to have said:
"You can't get credit just because you have a piece of paper in a lawyer's desk, you have to earn it."
This means that you should follow the advice of competent counsel as to the setting up and operation of your Delaware corporation, so as to receive the full benefit of this lawful vehicle to efficiency and tax savings.
"The stronger your presence in Delaware, the stronger defense you'll have in tax court,"
Delaware created a statutory Headquarters Management Corporation to provide structure and incentive for corporations to house their headquarters functions in Delaware. It is hoped by the State that this will bring new jobs and increased State revenues.
But this new law, and new type of corporation wasn't intended to handle all situations. Analysis will continue to be performed by other States' courts as to whether the protections under Delware Law have been properly implemented. As I have said many times, and as Richard Voll, Esquire (New Jersey) is reported to have said:
"You can't get credit just because you have a piece of paper in a lawyer's desk, you have to earn it."
This means that you should follow the advice of competent counsel as to the setting up and operation of your Delaware corporation, so as to receive the full benefit of this lawful vehicle to efficiency and tax savings.
Saturday, November 20, 2004
Two Radically Different Approaches to Privacy and Incorrect Domain Names
A friend is setting up his first web site, and asked me for some advice about hosting, choices of blogging software, and what information he should provide during the registration of a domain name.
One of his big worries and concerns was that his home address would display in the whois information for the site.
I suggested that he contact the host and domain registrar whom we had thought would be a good match for him, to see if they offered the private registration that some registrars do provide. The host responded, saying that they did not offer the type of "registration by proxy" that some other registrars did, and suggested that after he signed up for their service, that he could go in, and change the address to something other than his billing address.
I wonder what they had in mind.
When I saw that the Canadian Internet Registration Authority had come up with a New Standard for Domain Name Whois Privacy, I wondered why the registration of commercial addresses (.com) couldn't be handled in the same manner.
As pointed out in a recent engadget post, "The Fraudulent Online Identity Sanctions Act presumes that anyone who has tried to protect his or her privacy by faking the WHOIS info in a domain name registration is willfully infringing copyright or trademark."
The Bill imposes the possibility of some pretty serious criminal penalties for including false information in the whois record for a site. Yet, many people do, and have done so to protect their privacy for a number of seemingly very legitimate reasons - the protection of privacy or the ability to anonymously exercise free speech.
Yes, people do sometimes (perhaps often) purposefully provide false whois information as part of an attempt to commit fradulent acts. But the Canadian solution may be closer to a reasonable solution than the one offered by the U.S. House of Representatives.
My friend is going to change his whois information to his work address, so that he doesn't come home to find his wife and home and neighborhood invaded by someone who may have disagreed with an opinion stated on his new website.
One of his big worries and concerns was that his home address would display in the whois information for the site.
I suggested that he contact the host and domain registrar whom we had thought would be a good match for him, to see if they offered the private registration that some registrars do provide. The host responded, saying that they did not offer the type of "registration by proxy" that some other registrars did, and suggested that after he signed up for their service, that he could go in, and change the address to something other than his billing address.
I wonder what they had in mind.
When I saw that the Canadian Internet Registration Authority had come up with a New Standard for Domain Name Whois Privacy, I wondered why the registration of commercial addresses (.com) couldn't be handled in the same manner.
As pointed out in a recent engadget post, "The Fraudulent Online Identity Sanctions Act presumes that anyone who has tried to protect his or her privacy by faking the WHOIS info in a domain name registration is willfully infringing copyright or trademark."
The Bill imposes the possibility of some pretty serious criminal penalties for including false information in the whois record for a site. Yet, many people do, and have done so to protect their privacy for a number of seemingly very legitimate reasons - the protection of privacy or the ability to anonymously exercise free speech.
Yes, people do sometimes (perhaps often) purposefully provide false whois information as part of an attempt to commit fradulent acts. But the Canadian solution may be closer to a reasonable solution than the one offered by the U.S. House of Representatives.
My friend is going to change his whois information to his work address, so that he doesn't come home to find his wife and home and neighborhood invaded by someone who may have disagreed with an opinion stated on his new website.
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