Desert Shores Community Association wants homeowners to pay $1600 to remove turf to comply with new law years ahead of deadline. [8NewsNow]
More projects like that are in the works to remove ornamental turf. [News3LV]
Opinion: the Supreme Court’s education ruling is good for all Nevadans. [TNI]
11% of law students had suicidal thoughts in the last year, what can law schools do? [ABA Journal]
Tomorrow the new 988 number for the national suicide hotline and mental health help goes into effect. We hope you never need the number, but memorize it now in case you or someone you care about does. [8NewsNow; Las Vegas Sun]
Law schools can start by telling people the realities of life and that to be someone in this world you're going to have to sacrifice and put yourself through hell. Essentially tell students to man up. This'll get deleted, but anyone who lives in reality understands its true.
My friend, there is a world of difference between veterans that experienced the hardships of war, saw the worst of human nature, lived in a world of difference during their time serving and their civilian life, and have a very difficult time readjusting to normal day to day life, and a law student that is having mental health issues because they have to read 50 pages of case law and are worried about getting a good grade in property. My friend, to even start to compare veterans to law students in any light is beyond obtuse.
From the outside, the catalytic factors of trauma and mental illness are different. From the inside of the person suffering from mental illness, there is no difference. Take this from a veteran, a lawyer and someone who suffers and suffered from mental illness. Your view of objective reality has very little impact on someone suffering subjective pain, grief and illness.
11:14 here. Thank you 11:38. I am also a veteran and a lawyer. What one may perceive as easy another may perceive as a struggle. Unfortunately that struggle is real. Your mind is extremely powerful. It can guide you to so many wonderful places and keep you going when you thought you could not. The flip side is, your mind can take you down a dark path. Because someone contemplated suicide doesn’t man they are weak or need to man up. I would bet over 11% of the population has contemplated suicide. It is not about them being law students it is about helping people when they need it. Suicide rates are up among every demographic for the most part. Law students are not an isolated demographic. Rather than telling people to man up, maybe just tell them they are loved. The reality is you never know when someone just needs a little encouragement. It is just as easy to be nice and positive as it is to insult and tear someone down. Both actions can have exponential results.
I like these positve thoughts. But we should credit the original poster's point too – law school and lawyering is a slog. If you are having a "down" day or need to "refresh" it is very possible your oppnent will be working hard and will beat you by just putting in more time and effort. N00bs need to know this. The job isn't for everyone.
"If you are having a "down" day or need to "refresh" it is very possible your opponent will be working hard and will beat you by just putting in more time and effort."
I remember thinking in law school that the practice of law would be hierarchical like class rank. Maybe it is in the Big Law arena, I've never been there. But for the rest of us, it really does come down to discipline and effort. I am of very average intellect. Yet, I have beaten attorneys who are substantially more intelligent because I put more effort in. Conversely, when stretched thin I have lost to some real dummies.
The premise of this entire conversation is dumb. Telling people to man up is an ignorant response and trauma is not pie. There is more than enough to go around. It does not matter where the trauma comes from be it war, childhood, or law school. As a veteran, I find the suggestion that veterans somehow have a lock on trauma to be offensive. There are plenty of veterans who deployed into war (or didn't) and are just fine. On that same note, there are plenty of sources of trauma for people who never even consider military service. Efforts to combat suicide should be respected and supported. The loss of a member of our community to suicide is a collective tragedy.
Guest
Anonymous
July 15, 2022 6:54 pm
As far as that $1,600, from each homeowner to remove turf, just another example of why almost all busy and reasonably successful people absolutely despise Home Owners Associations.
Hell, even people who are not busy or successful also really despise them.
as a current president of my HOA, i would most definitely get bids for a job of that magnitude and cost. If it was something that the HOA reserve fund could handle without being significantly affected, i would stick with the current contractor. But one that costs this much money and will be an additional expense to the homeowners, i would owe a duty to get the best deal possible
Statute says that they do not have to get bids but still have fiduciary duties to act in the best interest of the homeowners. Common sense and common law standards of duty would tell you best practices is get 3 bids. But a management company gets gifts and grease from the landscaper and tells the board that we have a good relationship with them landscaper so lets not tip the apple cart. The only people who get rich are the landscaper, management company and John Leach.
Guest
Anonymous
July 15, 2022 10:41 pm
TTHHWWWAAACCKK!!!
Guest
Anonymous
July 16, 2022 9:43 pm
Please post your own personal gripes on your own personal FB/Twitter page. That is not the point of this blawg.
If ever there was an interest that should be dischargeable in bankruptcy, it is an unsecured loan like student debt. And of it is not dischargeable, then why isn't every debtor subject to an undue hardship test for vacuum cleaners they bought, vacations they took, and food they ate that they swiped on a credit card?
1023 here.
My suggestion is that BK filing for consumer debt, in and of itself demonstrates automatically that repayment of the debts would be a hardship. Thus the need for BK filing.
The "undue Hardship" for student loans is an entirely different procedure requiring the filing of an adversary proceeding (by and at the expense of the debtor). Its also nearly impossible to get granted.
I agree with your premise that student loans should be dischargeable. Perhaps with a mild showing / test that they are a hardship (something just above that required for regular consumer debt, but not requiring the affirmative and expensive AF filing of an adv proceeding by the debtor).
That sort of compromise would be an improvement. At least one recent bk decision out of pennsylvania questioned the rigidity of the undue hardship test in bankruptcy (in re wolfson, i think it was). That decision makes clear that our current near impossible test, like certain civil rights litigation, results largely from judicial preference. So, perhaps when we have more judges who have suffered through yrars of 8.5% interest rates as tuition flew past the rate of inflation, they will be more receptive to arguments for weakening the test.
In the short term, pehaps there should be more publicity showing that the actors society can look to advocate for change are not the administration or congress, but the bankruptcy courts, bankruptcy inns of court, and national bankruptcy organizations. Folks taking out student loans, particularly law students, should understand from the start that the courts are partially responsible for creating the current system, and can fix it if they want to.
Guest
Anonymous
July 18, 2022 6:51 pm
… because clearly, living without a vacuum cleaner is not an undue hardship. The debtor could have used a broom. Right?
Law schools can start by telling people the realities of life and that to be someone in this world you're going to have to sacrifice and put yourself through hell. Essentially tell students to man up. This'll get deleted, but anyone who lives in reality understands its true.
Over 20 veterans kills themselves daily. You think telling them to man up is the solution?
My friend, there is a world of difference between veterans that experienced the hardships of war, saw the worst of human nature, lived in a world of difference during their time serving and their civilian life, and have a very difficult time readjusting to normal day to day life, and a law student that is having mental health issues because they have to read 50 pages of case law and are worried about getting a good grade in property. My friend, to even start to compare veterans to law students in any light is beyond obtuse.
From the outside, the catalytic factors of trauma and mental illness are different. From the inside of the person suffering from mental illness, there is no difference. Take this from a veteran, a lawyer and someone who suffers and suffered from mental illness. Your view of objective reality has very little impact on someone suffering subjective pain, grief and illness.
11:14 here. Thank you 11:38. I am also a veteran and a lawyer. What one may perceive as easy another may perceive as a struggle. Unfortunately that struggle is real. Your mind is extremely powerful. It can guide you to so many wonderful places and keep you going when you thought you could not. The flip side is, your mind can take you down a dark path. Because someone contemplated suicide doesn’t man they are weak or need to man up. I would bet over 11% of the population has contemplated suicide. It is not about them being law students it is about helping people when they need it. Suicide rates are up among every demographic for the most part. Law students are not an isolated demographic. Rather than telling people to man up, maybe just tell them they are loved. The reality is you never know when someone just needs a little encouragement. It is just as easy to be nice and positive as it is to insult and tear someone down. Both actions can have exponential results.
10:29, the second sentence does not improve or further the point of the second sentence.
I like these positve thoughts. But we should credit the original poster's point too – law school and lawyering is a slog. If you are having a "down" day or need to "refresh" it is very possible your oppnent will be working hard and will beat you by just putting in more time and effort. N00bs need to know this. The job isn't for everyone.
12:44 thank you. One of the best posts ever on this blog. Just for today can we all be a little kinder–and less judgmental–than is strictly necessary?
"If you are having a "down" day or need to "refresh" it is very possible your opponent will be working hard and will beat you by just putting in more time and effort."
I remember thinking in law school that the practice of law would be hierarchical like class rank. Maybe it is in the Big Law arena, I've never been there. But for the rest of us, it really does come down to discipline and effort. I am of very average intellect. Yet, I have beaten attorneys who are substantially more intelligent because I put more effort in. Conversely, when stretched thin I have lost to some real dummies.
The premise of this entire conversation is dumb. Telling people to man up is an ignorant response and trauma is not pie. There is more than enough to go around. It does not matter where the trauma comes from be it war, childhood, or law school. As a veteran, I find the suggestion that veterans somehow have a lock on trauma to be offensive. There are plenty of veterans who deployed into war (or didn't) and are just fine. On that same note, there are plenty of sources of trauma for people who never even consider military service. Efforts to combat suicide should be respected and supported. The loss of a member of our community to suicide is a collective tragedy.
As far as that $1,600, from each homeowner to remove turf, just another example of why almost all busy and reasonably successful people absolutely despise Home Owners Associations.
Hell, even people who are not busy or successful also really despise them.
Would you like them more or less if you knew: They got no bids, simply handed a 4.5 milllion project to the current landscaper.
as a current president of my HOA, i would most definitely get bids for a job of that magnitude and cost. If it was something that the HOA reserve fund could handle without being significantly affected, i would stick with the current contractor. But one that costs this much money and will be an additional expense to the homeowners, i would owe a duty to get the best deal possible
Please post your expert witness fee requirements!
Statute says that they do not have to get bids but still have fiduciary duties to act in the best interest of the homeowners. Common sense and common law standards of duty would tell you best practices is get 3 bids. But a management company gets gifts and grease from the landscaper and tells the board that we have a good relationship with them landscaper so lets not tip the apple cart. The only people who get rich are the landscaper, management company and John Leach.
TTHHWWWAAACCKK!!!
Please post your own personal gripes on your own personal FB/Twitter page. That is not the point of this blawg.
https://www.businessinsider.com/meet-attorney-347k-student-loan-debt-no-job-biden-forgiveness-2022-7
$350k in student loans to go to law school at Seattle University? I couldn't believe that SeattleU's tuition was over $50k a year, but to take an additional $200k out in student loans… Seattle is expensive but it ain't that expensive.
If ever there was a candidate for an undue hardship discharge in BK, its this guy.
If ever there was an interest that should be dischargeable in bankruptcy, it is an unsecured loan like student debt. And of it is not dischargeable, then why isn't every debtor subject to an undue hardship test for vacuum cleaners they bought, vacations they took, and food they ate that they swiped on a credit card?
1023 here.
My suggestion is that BK filing for consumer debt, in and of itself demonstrates automatically that repayment of the debts would be a hardship. Thus the need for BK filing.
The "undue Hardship" for student loans is an entirely different procedure requiring the filing of an adversary proceeding (by and at the expense of the debtor). Its also nearly impossible to get granted.
I agree with your premise that student loans should be dischargeable. Perhaps with a mild showing / test that they are a hardship (something just above that required for regular consumer debt, but not requiring the affirmative and expensive AF filing of an adv proceeding by the debtor).
That sort of compromise would be an improvement. At least one recent bk decision out of pennsylvania questioned the rigidity of the undue hardship test in bankruptcy (in re wolfson, i think it was). That decision makes clear that our current near impossible test, like certain civil rights litigation, results largely from judicial preference. So, perhaps when we have more judges who have suffered through yrars of 8.5% interest rates as tuition flew past the rate of inflation, they will be more receptive to arguments for weakening the test.
In the short term, pehaps there should be more publicity showing that the actors society can look to advocate for change are not the administration or congress, but the bankruptcy courts, bankruptcy inns of court, and national bankruptcy organizations. Folks taking out student loans, particularly law students, should understand from the start that the courts are partially responsible for creating the current system, and can fix it if they want to.
… because clearly, living without a vacuum cleaner is not an undue hardship. The debtor could have used a broom. Right?