Resolutions 2023

  • Law

 Welcome to 2023! Do you set resolutions? What are your goals this year? Anything exciting happen over the break?

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Anonymous
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Anonymous
January 3, 2023 5:39 pm

My only debt is my mortgage and with some discipline and extra work, I will pay it off in 2023. Resolved!

Anonymous
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Anonymous
January 3, 2023 5:54 pm

Finally pay off my student loans and focus more on life outside the law.

Anonymous
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Anonymous
January 3, 2023 6:21 pm
Reply to  Anonymous

Good for you! Most people now think paying off student loans is optional.

Anonymous
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Anonymous
January 3, 2023 6:10 pm

Can anyone explain what that new case about suing a NV government employee means in practical terms. It was on the front page of the RJ.

Anonymous
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Anonymous
January 3, 2023 9:36 pm
Reply to  Anonymous

Link?

Anonymous
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Anonymous
January 4, 2023 1:37 am
Reply to  Anonymous

https://www.reviewjournal.com/crime/courts/high-court-rules-officials-can-be-sued-for-violating-state-constitutional-rights-2702930/?utm_campaign=widget&utm_medium=most_read&utm_source=lvrj

This generally means that you can bring claims against Nevada state officials for some Nevada Constitution violations (in this case, improper searches). These claims can be brought in addition to, or instead of, claims for violations of the United States Constitution (in this case the court found that prison officials could be sued under the Nevada Constitution for an alleged improper search, even though their Sec 1983/4th Amendment claims had been resolved through the application of qualified immunity in federal court.

These claims may be subject to Nevada's tort caps (undecided) but they are specifically not subject to qualified immunity (the doctrine that eliminates 90% of federal civil rights claims). These claims do not require the award of attorney fees to the prevailing plaintiff as is common for Sec. 1983 federal claims, but you may be able to get fees through the use of an offer of judgment.

Bottom line – you may be able to sue state officials and get money damages when those state officials violate your Nevada Constitutional rights, whereas in the past you could only sue state actors for money damages for violating your rights under the United States Constitution, and most of the time, those claims were resolved in favor of the state actors under the judicially created doctrine of qualified immunity.

Anonymous
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Anonymous
January 4, 2023 5:08 am
Reply to  Anonymous

Sorry but this decision will do nothing to make our world safer. Local law enforcement will sit on their hands more and claim they can take no action like shutting down a drug house or a house with lots of criminal activity that is a nuisance to a neighborhood. Citizens will have to fend for themselves.. Bad cases and bad facts make bad law. This is an extreme case of judicial activism by the Nevada Supreme Court.

Anonymous
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Anonymous
January 4, 2023 3:44 pm
Reply to  Anonymous

I guess that's the rub. You want the government to protect you and are willing to be less free (not sure why because in actuality rather than anecdotally the crime rate int he U.S. has been in a 30-year free fall (with the exception of the pandemic blip https://www.macrotrends.net/countries/USA/united-states/crime-rate-statistics )). Others want to be safe from the government and more free. China is a pretty safe society, but to me an oppressive government is not worth the safety.

The idea that we have to sacrifice the right to be free from government intrusion or violence to have qualified police is also misguided and seems like a political ad from the 90s. Cops won't sit on their hands because they don't pay the judgments (they are indemnified under state law), their unions protect them from discipline when they act appropriately (and often when they don't), and because 98% of them are good people who try to do the right thing.

Anonymous
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Anonymous
January 4, 2023 4:23 pm
Reply to  Anonymous

So we’re now operating on the assumption that LE makes us safe? I have never ever been made safer by cops. I have 10+ years working w domestic violence victims and they have never ever been made safer by cops. Not a single one of them.

Community makes us safer, not LE.

Anonymous
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Anonymous
January 4, 2023 4:57 pm
Reply to  Anonymous

That's probably not true – that LE does not make "us" (I recognize this is not in the same proportion based on demographics) safer – (https://www.npr.org/sections/money/2021/04/20/988769793/when-you-add-more-police-to-a-city-what-happens.) However, I will agree that where community is primarily responsible for safety, there is no, or limited, involuntary rights tradeoff. And in any event, I don't place safety as the greatest priority either.

Anonymous
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Anonymous
January 4, 2023 5:07 pm
Reply to  Anonymous

9:08,

Your point is that LE need the ability to volate the law without repercussions in order to do the job for which they receive a salary?

Yeah, that's not really the rah-rah LE post you meant it to be.

Anonymous
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Anonymous
January 4, 2023 6:07 pm
Reply to  Anonymous

Has anyone visited someone in prison? It is no different than going through airport security (i.e. TSA). You give up a lot of rights. Nothing more humiliating than being patted down in front of everyone. The price we pay to catch folks carrying weapons on planes to do harm. The same is with prisons. You consent to such instrusions. The answer is that presumably you can leave without being stripped searched. The Department of Corrections has to make sure contraband is not being slipped into prisons. Common occurence. Prisons are pervasively regulated. The inmates, staff and visitors are subjected to all kinds of intrusions. This Supreme Court decision was unnecessary and is only going to cause more litigation over its scope.

Anonymous
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Anonymous
January 4, 2023 6:23 pm
Reply to  Anonymous

Those willing to sacrifice a little bit of freedom for a little bit of security deserve neither.

Anonymous
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Anonymous
January 4, 2023 7:35 pm
Reply to  Anonymous

10:07 am. That's not the correct statement of law: "The answer is that presumably you can leave without being stripped searched."

The correct statement of law is that "Prisoners may be subjected to visual body cavity strip searches based on “reasonable suspicion” in order “to protect prisons and jails from smuggled weapons, drugs or other contraband which pose a threat to the safety and security of penal institutions." Cates v. Stroud, 976 F.3d 972, 980 (9th Cir. 2020). There are other gems in the decision protecting the rights of prison visitors from unreasonable searches.

You appear have misread the below statement of law which does not say you can consent to strip search or leave, but rather says that even if the prison has reasonable suspicion to search you, you can avoid the search by leaving; however, no strip search can occur without reasonable suspicion. Period.

Because the ability of prison officials to conduct strip searches of visitors based on reasonable suspicion is premised on the need to prevent introduction of contraband into the prison, a search of a visitor who no longer intends to enter the portion of the prison where contact with a prisoner is possible, or who was leaving the prison, must rely on another justification. Ordinarily, a visitor cannot introduce contraband into the prison simply by appearing in the administrative area of the prison. If prison officials have reasonable suspicion that such a visitor is carrying contraband, the prison's security needs would justify a strip search only if the visitor insists on access to a part of the prison where transfer of contraband to a prisoner would be possible. If the visitor would prefer to leave the prison without such access, the prison's security needs can be satisfied by simply letting the visitor depart.

Cates v. Stroud, 976 F.3d 972, 982 (9th Cir. 2020)

Anonymous
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Anonymous
January 4, 2023 8:08 pm
Reply to  Anonymous

I can assure you that Federal COs do not GAF about this case. I have witnessed them surrounding and searching vehicles that had already left the premises and were parked on the adjacent property. They had these poor women in tears.

Anonymous
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Anonymous
January 4, 2023 8:56 pm
Reply to  Anonymous

The case was about State COs.

Anonymous
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Anonymous
January 4, 2023 9:31 pm
Reply to  Anonymous

1208 here. I know that. But both are governed by the 9th Cir. Last time I checked.

Anonymous
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Anonymous
January 5, 2023 2:19 am
Reply to  Anonymous

11:35 AM–The facts on the strip search case are not really clear. That being said, one can only question any precedent of the 9th Circus Court of Appeals.

Anonymous
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Anonymous
January 3, 2023 6:38 pm

Read more for pleasure. Continue to avoid the gym.

Anonymous
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Anonymous
January 3, 2023 6:52 pm
Reply to  Anonymous

Read more and workout more. Be kind to my children at least once a week.

Anonymous
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Anonymous
January 3, 2023 6:45 pm

Create some passive income so I don't have to do this anymore. Rentals maybe?

Anonymous
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Anonymous
January 3, 2023 7:47 pm
Reply to  Anonymous

I have the same goal, but I'm not sure this is the market to start in. Every single person I know who has done rentals has set themselves up nicely.

Anonymous
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Anonymous
January 3, 2023 7:07 pm

Stop smoking cigs/vaping and stop swearing in front of my kid

Anonymous
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Anonymous
January 3, 2023 7:22 pm

Going to cut down on my drinking.
1 week without a drink and I feel like I've slept a lot better the last couple of nights.

anonymous
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anonymous
January 4, 2023 7:56 pm
Reply to  Anonymous

"Dry January" may sound like a fad, or maybe something that alcoholics talk about in order to convince themselves they don't have an issue, but it is helpful to take a scheduled hiatus once or twice a year. Drop 10-15 pounds and hit the reset button on your bad habits.

Anonymous
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Anonymous
January 4, 2023 10:17 pm
Reply to  Anonymous

I second this. My “Dry January” turned into far longer than a month. I didn’t think my life could get better or alcohol was impacting me, but after those many months, I am glad to say I was wrong. Now I don’t drink nearly as much as before.

Anonymous
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Anonymous
January 3, 2023 7:55 pm

Reading more was one of the few resolutions I've followed through on. I've kept it up for several years now. Here are some unsolicited pieces of advice:

1. The bestsellers lists are often full of contemporary political books. These books are not going to enrich your life. It's no different than wasting your time watching Fox News/CNN/MSNBC. I include not only books written by hacks on cable TV, but even books by Bob Woodward. I burned through 3-4 Woodward books, and books by hacks of all stripes before I realized this. These books are not worthy of your time.

2. Oprah's picks are actually pretty good. I'm a white male, FWIW. She (or her team) has a knack for picking novels that enrich and make you think.

3. The wider the range of topics you read, the more fulfilled you will be. You will also begin to find it easier to make conversation with all kinds of different people, which is especially useful if your practice interfaces with a lot of regular people as clients.

4. Self help books are almost always a waste of time. Anything they have to say that is useful you will pick up reading biographies, novels or other books. Covey's 7 Habits is the one exception I will make for this.

5. Read religious books from a perspective different than your faith or belief. If you believe in God, read Christopher Hitchens. If you are an evangelical, read the books critical of the evangelical movement in America. If you are Mormon, read the wide spectrum of histories, both critical and faith affirming. Etc. Etc.

6. Baseball books are the best sports books. Baseball isn't even my favorite sport, but as far as books goes, this isn't even debatable. There is a special romance, a special American spirit that comes with baseball that makes for great stories.

7. Read the memoirs and biographies of public figures you don't like. You will be in for some surprises.

8. Read from the Pulitzer nominees. Some of these books are best sellers, but many are not. They are often gems. This is true of both fiction and non-fiction.

Anonymous
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Anonymous
January 3, 2023 9:34 pm
Reply to  Anonymous

Thanks…this was actually nice to read. I’ll keep your advice in mind when I start my new year of reading.

Anonymous
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Anonymous
January 4, 2023 7:41 pm
Reply to  Anonymous

Tom, is that you?

Anonymous
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Anonymous
January 4, 2023 8:11 pm
Reply to  Anonymous

This was an excellent post. Although it seems an obvious starting point, i never really considered looking at the Pulitzer nominee books. Love all the points here.

Anonymous
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Anonymous
January 4, 2023 8:53 pm
Reply to  Anonymous

Thanks for your advice. I have been spending too much time on those political books. Maybe I should try some Russian classics.

Anonymous
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Anonymous
January 3, 2023 9:55 pm

As far as New Year's Resolutions, I am one of those fat bastards who makes the perennial resolution to lose ludicrous amounts of weight, and then I eventually lose none of it, and in most years simply gain even more weight.

I have two problems which impede any progress in my weight loss goals–no discipline and no willpower.

Anonymous
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Anonymous
January 3, 2023 10:00 pm
Reply to  Anonymous

1:55-Although you present the matter with a degree of self-effacing humor, you hit on the two main constants of New Year's Resolutions.

The one constant is that weight loss goals are by far the most common resolution, each and every year.

The second constant is such resolution fails because the weight loss goals are, objectively speaking, quite unrealistic in most cases (e.g. resolutions to "lose over 100 pounds", etc.)

Anonymous
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Anonymous
January 3, 2023 11:03 pm
Reply to  Anonymous

Alternate day fasting is your friend. 36 hour fast (hard fast, too- black coffee, water, and nothing more), 8 hour eating window. Repeat until you hit the weight you want.

Anonymous
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Anonymous
January 4, 2023 12:59 am
Reply to  Anonymous

Great! I want YOU to represent me . . .

Anonymous
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Anonymous
January 4, 2023 1:02 am
Reply to  Anonymous

3:03, the good news for what you describe is it sounds like it will definitely work quite well for most folks–initially.

But with a lot of more extreme and off the grid diets there are two major immediate concerns.

First, is it healthy. And the answer is probably not for people who are older and/or already have some health concerns.

The second concern which applies to more extreme diets such as this is that one cannot maintain this type of situation as an ongoing life-style, and thus the poundage returns.

With some diets which are geared to permanently change a lifestyle, such as lower carb diets, it is possible to continue with that as a new life norm and keep the weight off.

But with the kind of diet you describe, it sounds like great progress within a short period, but, again, simply not practical over time to maintain anything remotely like the eating cycle you describe.

Anonymous
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Anonymous
January 4, 2023 1:04 am
Reply to  Anonymous

5:05-I think 3:03 was kidding around. But now that I remember some diets I have heard about, I guess 3:03 may be on the level.

Anonymous
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Anonymous
January 4, 2023 1:48 am
Reply to  Anonymous

3:03 is absolutely on the level. I have a physician client who swears by this stuff.

Anonymous
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Anonymous
January 4, 2023 2:40 am
Reply to  Anonymous

Calorie in v. Calorie out. Burn more calories than you eat and the weight will slowly fall off. No magic. No fads. Just know what you are eating and figure out how many extra steps that cake or glass of wine will cost you.

Anonymous
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Anonymous
January 4, 2023 5:07 pm
Reply to  Anonymous

The only "diety" advice I can give is: stop drinking calories. Cutting out all the soda, lattes, etc., could cut a significant amount of calories, without feeling like you're giving up much. Replace with seltzer water, black coffee or tea, as needed. As for alcohol, that's also an obvious one to cut, but I personally still indulge, just try to do so in moderation.

Anonymous
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Anonymous
January 4, 2023 7:04 pm
Reply to  Anonymous

@9:07a – I tried a bunch of different flavored basically zero calorie seltzer waters and finally found Polar ruby red grapefruit seltzer water. I know it sounds like an advert for them but after switching to it from regular soda and drinking more water and unsweetened iced tea, I've dropped about 500-600 calories out of my diet without really noticing it. I can't do black coffee but one morning ~65 calorie cup isn't too bad.

Anonymous
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Anonymous
January 4, 2023 7:22 pm
Reply to  Anonymous

Intermittent fasting works. I don’t eat between 7:30 pm and 11:30am. It shifts your metabolism and if you try to eat unprocessed foods, you’ll lose weight. Been doing it for over a year and lost 40 pounds.

Anonymous
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Anonymous
January 4, 2023 7:33 pm
Reply to  Anonymous

3:03 here. I was absolutely being serious. I lost a ton of weight several years ago doing this. Plenty of articles, analysis, and the like about the approach. Short version is that the protracted fasts can shunt you straight into ketosis, and the calorie reduction is plenty helpful.

Anonymous
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Anonymous
January 3, 2023 9:56 pm

I'm going to try to go easier on my girlfriend. My penis is much too large and often results in so many orgasms she has trouble working the next day. I need to think more about her.

Anonymous
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Anonymous
January 4, 2023 4:06 am
Reply to  Anonymous

Damn kind of you. Poor lady.

Anonymous
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Anonymous
January 4, 2023 9:31 pm
Reply to  Anonymous

Now we know why Marge is always late, tired and smiling every morning.

Anonymous
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Anonymous
January 4, 2023 9:46 pm

I will take revenge on the grave of Sam Lionel for him rejecting my application to be an associate at his firm. Payback time Sam.

Anonymous
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Anonymous
January 4, 2023 10:58 pm
Reply to  Anonymous

Good. He deserves it.

Anonymous
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Anonymous
January 5, 2023 6:19 am
Reply to  Anonymous

How do you take vengeance on a grave?

Anonymous
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Anonymous
January 5, 2023 1:44 am

Who is/are the best mediator(s) over at ARM these days?

Anonymous
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Anonymous
January 5, 2023 8:55 pm
Reply to  Anonymous

Big money cases Jennifer Togliatti. I find both sides tend to be agreeable on Saitta. I have been very pleasantly surprised with Betsy Gonzalez. I think she had a rep as being a real hard ass on the bench but switched hats to the mediator role very well imho and tends to not be as booked up as the others.

Anonymous
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Anonymous
January 5, 2023 11:15 pm
Reply to  Anonymous

Togliatti is excellent but Saitta is horrible and Betsy is usually available because she is also horrible. Trevor Atkin is on par with Togliatti. Glass is good but a notch below Atkin. Paul Haire is good but a notch below Glass. Assuming David Jones joins ARM after his retirement, I suspect he will be up there with Togliatti and Atkin.