Monday, January 15, 2018

New Oral Argument: New Mexico Supreme Court

Probably the most difficult oral argument I've heard yet from New Mexico's Supreme Court.

The case needed to be appealed, and the Department of Health will win as they will get the remand they seek.

However, this hearing was complicated because all the advocates seemed to be asking the one thing our Supreme Court can't do: issue an advisory opinion.

Or, an opinion of guidance.

Take a listen: You will hear five justices telling all participants that they will not be activist judges.  That even if the justices disagree with the procedure or the law, the Court will only apply the law or process as written.

This argument made me proud of our Supreme Court, as well as Davis Ruark.

Why?

Because he gave it to the justices straight:  I know I'm going to lose here, but I'm in an ethical dilemma and I need your guidance.

And the justices will answer Davis in the following way: Remand and tell it to the legislature.

https://supremecourt.nmcourts.gov/uploads/FileLinks/e03e8566c7c145218f95b0b74e677f61/NMDOH_v._Driggers__mp3.mp3




Sunday, January 14, 2018

New Essential: Benched

Judge Newman's book takes a look at the life of a federal court judge, and his viewpoints on numerous subjects that he has seen during that time.

Over 20 suggested reforms of the criminal justice system.


Saturday, January 13, 2018

New Essential: Edelman's Book

Fascinating look on how all parts of the justice system effect the poor.


Thursday, January 11, 2018

Tina

So your a young girl going to an art school.  Back east.  Two geeky guys ask that you join a band.

You do.

That band becomes huge.  You soon learn that one of the geeky guys, the leader of the band, is an alpha-male.  And, anti-social.  Incapable, it seems, of attachment in any way.

You spend numerous hours with this man.  Traveling. Creating. Performing.

In all those hours not a single ounce of caring comes from this person.

Even as you help make this man a giant.

A star.

And, when you start to want to add a little bit of your own creativity to the mix, he nixes the idea.

He's says he's funky.  He implies you're not. Or, if you are funky, it's not the type of funkiness that defines the band.  Although you're as much the band as he is.

No, he comes to believe he IS the band.

After a while, it gets to be too much.  So the band begins to break up.

The whole world waits for this man to release his busload of funkiness.

You shrink away into a studio.

All those ideas that had been thwarted, you begin to refine them.

And then you release your song for the world to hear.

Could it get any funkier?

The world is stunned.  The bass line?  The beat?  The vocals?

Girls rule!






Monday, January 1, 2018

Sade

One of the finest guitar solos ever.  Sublime, subtle.

2018 starts the Sade revival.