Friday, March 18, 2005

JDJEDTJR'S primitive, myopic approach to "Civil Procedure"

JDJEDTSR is the incarnation of the combination of law school quantity and alleged-quality. There is nothing he emphasizes more than "civil procedure".

JDJEDTJR is the incarnation of law schools regardless of alleged quality. His favorite books that are in the field of "civil procedure", or that are supposed to be in the field of "civil procedure", in order of popularity are:

1. Civil Procedure: Examples and Explanations (The Examples & Explanations Series) by Joseph W. Glannon (Paperback - April 1, 2001) http://www.amazon.com/gp/reader/1567065066/ref=sib_dp_bod_toc/002-6320582-2337641?%5Fencoding=UTF8&p=S002#reader-link

This book is universally highly admired...it discusses a federal court breach of contrast case, quoting from federal law..

2. A Matter of Interpretation by Antonin Scalia, Amy Gutmann (Editor) (Paperback - July 27, 1998)
http://www.amazon.com/gp/reader/0684843374/ref=sib_dp_bod_ex/002-6320582-2337641?%5Fencoding=UTF8&p=S00Y#reader-link

Scalia favors textualism as opposed to "legislative intent" in interpretation of law. In a nutshell, his view is, "laws mean what they actually say, not what legislators intended them to say but did not write into the law's text." Scalia argues that Judges should not make decisions based on previous decisions legislative intention and legislative history, but rather on the basis of the text of the law.

3. A Civil Action by JONATHAN HARR (Paperback - August 27, 1996)
http://www.amazon.com/gp/reader/0679772677/ref=sib_rdr_ex/002-6320582-2337641?%5Fencoding=UTF8&p=S00C#reader-page

A novel about a lawyer who takes on two big corporations representing parents whose children were allegedly killed by the corporations. Greed and power clashes with justice.

4. The TEMPTING OF AMERICA by Robert H. Bork (Paperback -- January 1, 1997)
http://www.amazon.com/gp/reader/0684843374/ref=sib_dp_bod_ex/002-6320582-2337641?%5Fencoding=UTF8&p=S00Y#reader-link

Bork argues that the constitution must be interpreted according to the original understanding of the framers and those for whom it was written. Discusses activist or revisionist judges who strike down laws that do not violate constitutional precepts.

5. Civil Procedure (Hornbook Series) by Jack H. Friedenthal, et al (Hardcover - May 1, 1999) http://www.amazon.com/gp/reader/0314233636/ref=sib_rdr_zmin/002-6320582-2337641?%5Fencoding=UTF8&p=S00C&j=1#reader-page

This is all about how it is important to figure out which court has proper jurisdiction.

JDJEDTJR is and has been, absolutely in the stone-age, insofar as keeping the training of attorneys up to date with innovation in computer hardware and software.

JDJEDTJR wastes the limited amount of time and energy his students have available, on written text paragraph after written text paragraph presentations of legal procedure that should be presented in flowchart or diagram form instead. When on rare occasions he is able to muster the common sense to present such in flowchart format, his presentation of the flowchart is invariably in the stone-age technologically speaking. His flowcharts are always in old-fashioned backwards formats such as .pdf, .ppt, and .doc. JDJEDTJR never manifests any ability to present flowcharts using CSS, DHTML, and scripting languages such as javascript. This despite the fact that for many years now, javascript has been the simplest of a few programming languages that have been available to improve supplement and replace static flowcharts. JDJEDTJR never uses and never has used javascript as a supplement to or replacement for flowcharts. The only things that JDJEDTJR uses or has ever used javascript for are navigation, and feedback; the only time JDJEDTJR has ever discussed javascript, is in terms of describing how major corporations use javascript"cookies" to keep track of how many times people visit their websites.

A practical understanding of Javascript or some such language befits lawyers and law schools. People who cannot teach and learn Javascript type scripting languages are not lawyerly; proficiency in a language of the javascript builds lawyerly thinking.

JDJEDTJR's one isolated attempt to dabble in javascript, carried out once at one of JDJEDTJR's hundreds of law schools, produced farcical, comical, three-stooges like results ( http://cyber.law.harvard.edu/digitaldiscovery/responses.html ).

All this despite the fact, that law school students can cut down on the amount of time and energy they put into flowchart use, by using javascripts, which through the use of simple if-then codes can do the job of a flowchart better than a flowchart, while at the same time, if you want to put the time into it, producing fantastic looking dynamic animated graphical flowcharts to improve things even further, impress people and make things more fun.

JDJEDTJR has alot in common with BSBAALJR. An example is the way he plunges into the philosophizings of glamorous Supreme Court Justices, plunging in to a level completely out of proportion to the percentage of lawyer-hours that are spent working on Supreme Court cases. JDJEDTJR spends more time reading the philosophizings of Bork and Scalia, than he does studying his "Civil Procedure" bible by Glannon.

JDJEDTJR's universally highly respected Civil Procedure Glan-bible, focuses for its primary example on a breach-of-contract civil case that started in state court, moved to a federal court, went to trial, and was resolved through trial. This despite the fact that less than 2 percent of Civil Procedure Cases are breach of contract cases that are resolved in court.

By way of contrast, JDJEDTJR ignores the approx 28% percent of Civil Procedure Cases that are auto torts that are resolved out of court, and the approx 97% percent of Civil Procedures in general that are resolved out of court, ( http://www.lectlaw.com/files/lit15.htm )( http://teddy.law.cornell.edu:8090/questata.htm ).

A lawyer's most basic skill should be, working with technologically advanced flow-charts, to do a boffo job of handling out-of-court negotiation re auto torts. But JDJEDTJR replaces such with attention to bizarre civil cases and starry-eyed contemplation of the proverbs of famous Supreme Court Justices.

JDJEDTJR ignores what place a subject or sub-subject has in the overall, big picture of the law. He pays attention to subjects to an extent that is out of proportion to the actual importance of the subject in law.

JDJEDTJR acts as if the time and energy that is devoted to a subject, is not time and energy devoted to that subject insteaod to other subjects, as if law students had unlimited amounts of time and energy to spend on subjects.

JDJEDTJR's approach to step-by-step flowchart methodology is antiquated, inefficient, and hard to understand remember and use.





@2005 David Virgil Hobbs
This represents my opinions at the current time which may not exactly coincide with fact

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