AddingUnderstanding

One of the benefits of working at a law school is getting access to WestLaw and Lexis databases. These Goliaths of the database world aim to own and index everything legal. They do this in a number of ways but one in particular has always galled me. Through various models they support publishing reporters and other forums for publishing decisions in state and federal cases. In turn they get to keep the information behind firewalls that keep non-paying customers out and make many important legal documents unavailable to lay persons and those with a casual interest in studying the law who are not members of the esteemed profession.

Nevada for example publishes advance decisions on it's website but only for 90-days and they are not documents of record. The site notes "this information is prepared as an informational service only and should not be relied upon as an official record of action. For official records, please refer to the printed version of the appropriate official publication which may be obtained from the Clerk of the Supreme Court of Nevada." Amazingly the site doesn't even link to the page for ordering Nevada Reports which is the official record cryptically mentioned on the advance decisions page.

The saying goes that admitting a problem is the first step to recovery. Well I have a problem. It is one of those quiet little habits that nobody talks about. Serpent-like in its craftiness it lurks in the corners. The typical things aren't a problem being a non-smoking drug-free type those vices don't tempt. No, this is the voyeuristic joy of watching soap opera-like lawsuits meander through the legal process.

Throughout my decades of being a student of public education I have been taught that ignorance of the law is not a defense. It seems even some attorneys don't get it. Though I am not a legal scholar or expert in any way the logic of Russo & Hale's motion in a case against a former client is simply baffling. Perhaps the firm should change it's name to Bottom & Quince. Though it is hard to imagine even Shakespeare's most comical players playing this skit.

This drubbing of a customer makes me think of an experience we had a few days ago. We went to a nice, expensive restaurant for dinner. It was not as good as it had been about a year ago when we were last there but it was still good and fun. The trouble started for us when we ordered desert, the chocolate course. We each asked for coffee and placed the order. And we waited. And waited. And continued to wait. Finally a manager shows up, slings the chocolate on the table, drops off the fruit plates and says "is there anything else you need". We asked for the coffees we had ordered. It is then that the manager tells us that our server got a big table. At this point I'm thinking "here's a manager that doesn't get customer service".

District Judge Doug Herndon ruled Tuesday that the Nevada Clean Indoor Air Act is indeed constitutional and can be enforced. Herndon reiterated his previous finding that the criminal provisions were unconstitutional but that the civil penalties under the law are constitutional. While the case was pending many southern Nevada businesses flaunted the voter's call for clean air. As of today the Southern Nevada Health District has a complaint form online to report businesses that are not complying with the law.Nationwide smoking bans have been a boon to tavern owners as customers who formerly chose to stay away return for drinks and food while existing customers who are smokers go outside and smoke.

The National Council of State Legislatures has a list of some of the new laws that become effective January 1, 2007. Several states will see increases in minimum wages, some will have new criminal penalties on the books and others will have new health care law. The list does not include states like Nevada where laws enacted in the last election are already in effect.

The Nevada Supreme Court published their opinion in Bacher v. State Engineer on Wednesday. The case speaks to several critical areas of Nevada water law and incorporates the "anti-speculation doctrine" in interpretation of Nevada water law.

The court also gave indications of a number of items around beneficial use like the following footnote:

Some projects, including the theme park, had contingencies attached to them. In other words, the projects may be speculative in nature. Although we do not reach whether contingent projects may be considered in evaluating a need for water under NRS 533.370(6) because we conclude that the State Engineer abused his discretion on other grounds, we note that speculative evidence of development projects is not sufficient to survive a substantial evidence inquiry on review.

There are many cases where new evidence has led to overturning convictions of those on death row. Now a panel of fire investigators commissioned by the Innocence Project finds:

Faulty evidence masquerading as science sent two men to death row for arson in Texas and led to the execution of one of them. -- New York Times

The report is critical of the lack of training for arson investigators and says:

There is no crime other than homicide by arson for which a person can be sent to death row based on the unsupported opinion of someone who received all of his training “on the job.”

The report is a disturbing read at best. Throughout are examples of places where experts are testifying that they know arson when they see it. On that basis a man was executed and another lost 17 years of his life to death row.