A news item from the ABA Journal on April 26^th describes a prominent Texas Lawyer as being accused of barratry. Oddly enough he is also a state of Texas representative who himself voted for a tough new law last year that makes barratry a criminal offense. Barratry is described below; as defined in Texas it includes sending a runner to an injured person with the intent to get hired. It's what lawyers refer to as unsolicited solicitation. Lay people refer to it as ambulance chasing. 

Some define Barratry in a way somewhat similar to SLAPP suits used to silence critics. Wikipedia defines it as, Barratry ( /ˈbɛərʌtri/ bair-ə-tree) is the act of repeated legal actions for the purpose of harassment. In many states it is a crime, but read your own state laws before jumping to any conclusions about what behavior barratry includes. Suits meant to harass are intended to silence critics, it is known as a Strategic lawsuit against public participation (SLAPP). The typical SLAPP suit tries to force the opponent to spend money on lawyers; usually money they don't have, so it makes protesting more expensive than just spending one's time marching with a sign. Many jurisdictions that otherwise have no barratry laws do have SLAPP laws. In Iowa this would seem to be similar to an abuse of process claim. Boiled down and in plain language it means litigation for the purpose of harassment. But, let's get back to Texas. 

In my opinion this law has a bigger target than auto accident cases. It is intended to deter legal action against Big Pharma and other major businesses in Texas; plain and simple. Texas doesn’t really have citizens - people who live in Texas are more like hostages of big business.  I wonder if it will be applied to the oil and gas industry who are paying people for mineral (uranium), natural gas and oil leases involved with fracturing. Fracturing uses a lot of water and pumps it with chemicals into the ground to push oil and gas out of the shale rock. Canada restricts what chemicals can be pumped into the ground. See below.

Big business doesn't like lawyers who represent large groups of people who can then share discovered documents and litigation costs. When litigation for the working stiff is economical big business gets a bit nervous. Judges appointed by conservatives also don't like people that sue big business. No lawyers like parties suing just to sue; but this is in my opinion heavy handed. Here is the law in Texas. 

Texas Penal Code section 38.12 follows.

§ 38.12. BARRATRY AND SOLICITATION OF PROFESSIONAL EMPLOYMENT.  (a) A person commits an offense if, with intent to obtain an economic benefit the person:

                                (1)  knowingly institutes a suit or claim that the person has not been authorized to pursue;

                                (2)  solicits employment, either in person or by telephone, for himself or for another;

                                (3)  pays, gives, or advances or offers to pay, give, or advance to a prospective client money or anything of value to obtain employment as a professional from the prospective client;

                                (4)  pays or gives or offers to pay or give a person money or anything of value to solicit employment;

                                (5)  pays or gives or offers to pay or give a family member of a prospective client money or anything of value to solicit employment;  or

                                (6)  accepts or agrees to accept money or anything of value to solicit employment.

                (b)  A person commits an offense if the person:                               

                                (1)  knowingly finances the commission of an offense under Subsection (a); 

                                (2)  invests funds the person knows or believes are intended to further the commission of an offense under Subsection (a);  or

                                (3)  is a professional who knowingly accepts employment within the scope of the person's license, registration, or certification that results from the solicitation of employment in violation of Subsection (a).

                (c)  It is an exception to prosecution under Subsection (a) or (b) that the person's conduct is authorized by the Texas Disciplinary Rules of Professional Conduct or any rule of court.

                (d)  A person commits an offense if the person:                               

                                (1)  is an attorney, chiropractor, physician, surgeon, or private investigator licensed to practice in this state or any person licensed, certified, or registered by a health care regulatory agency of this state;

                                (2)  with the intent to obtain professional employment for himself or for another, sends or knowingly permits to be sent to an individual who has not sought the person's employment, legal representation, advice, or care a written communication that:

                                                (A)  concerns an action for personal injury or wrongful death or otherwise relates to an accident or disaster involving the person to whom the communication is addressed or a relative of that person and that was mailed before the 31st day after the date on which the accident or disaster occurred;   (B)  concerns a specific matter and relates to legal representation and the person knows or reasonably should know that the person to whom the communication is directed is represented by a lawyer in the matter;

                                                (C)  concerns an arrest of or issuance of a summons to the person to whom the communication is addressed or a relative of that person and that was mailed before the 31st day after the date on which the arrest or issuance of the summons occurred;

                                                (D)  concerns a lawsuit of any kind, including an action for divorce, in which the person to whom the communication is addressed is a defendant or a relative of that person, unless the lawsuit in which the person is named as a defendant has been on file for more than 31 days before the date on which the communication was mailed;

                                                (E)  is sent or permitted to be sent by a person who knows or reasonably should know that the injured person or relative of the injured person has indicated a desire not to be contacted by or receive communications concerning employment;

                                                (F)  involves coercion, duress, fraud, overreaching, harassment, intimidation, or undue influence;  or

                                                (G)  contains a false, fraudulent, misleading, deceptive, or unfair statement or claim.

                (e)  For purposes of Subsection (d)(2)(E), a desire not to be contacted is presumed if an accident report reflects that such an indication has been made by an injured person or that person's relative.

                (f)  An offense under Subsection (a) or (b) is a felony of the third degree.

                (g)  Except as provided by Subsection (h), an offense under Subsection (d) is a Class A misdemeanor.

                (h)  An offense under Subsection (d) is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted under Subsection (d).

                (i)  Final conviction of felony barratry is a serious crime for all purposes and acts, specifically including the State Bar Rules and the Texas Rules of Disciplinary Procedure.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. 

Amended by Acts 1989, 71st Leg., ch. 866, § 2, eff. Sept. 1,

1989;  Acts 1993, 73rd Leg., ch. 723, § 2, eff. Sept. 1, 1993; 

Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;  Acts

1997, 75th Leg., ch. 750, § 2, eff. Sept. 1, 1997.

Section:  Previous  38.09  38.10  38.11  38.111  38.112  38.113  38.114  38.12  38.122  38.123 38.13  38.14  38.15  38.151  38.16  Next

Last modified: August 11, 2007

I find hydraulic fracturing interesting and the benefits for the United States very positive. It has and will create jobs that pay very well. If you doubt this visit North Dakota. 

Really? Then explain to me why both Parties continue to support the insanity involving the US Postal Service operate as if people will, in the age of electronic communications, go back to snail mail? Have these guys not heard of electronic mail? You know email. And have they not seen a fax machine? Do they not understand cuts and savings?

• Why is this problem ours, and not theirs in the postal service?
• Where is the leadership in the postal service?
• Why do they refuse to change?
• Why does the Congress allow it?
• Why isn't there a leadership change that accepts and adapts to the inevitable? 
• What are we waiting for, another bailout? 

You know these other methods of communication are absolutely killing snail mail. Well that and the pay and benefit package most US Postal workers enjoy as compared to the rest of this country. It’s time the nonsense stopped. They want us to get all warm and apple pie-ish when we think of the USPS. I get that, they are setting us up for one more bailout that we can't afford. I get it, but I'm not buying it. It's this kind of soft mushy thinking that is going to drive this country into bankruptcy. We need ideas and a new business model for the USPS and I'm not talking about new uniforms. It's got to be a focus in a new direction. 

I’m certainly not anti-worker, that’s who I represent, but come on get the numbers together, close some post offices and trim back the delivery time table. Come up with a plan that makes the US Postal service modern. 

• Iowa senators support bill to save Postal Service
• US Postal Service pay scale

Here watch it for yourself, Shark Tank – Most Emotional pitch EVER! And if you don't agree then you must be from Canada, like the Shark who trashed Donny with his show of crocodile tears. PHONY!

I hoped you watched it because it’s your future that Donny McCall is talking about and what the Sharks are trashing is your right to earn a decent living and in this country. How stupid and naïve do they think we are? Do the Sharks think we will buy whatever they are selling just because they are on TV for making a bunch of money? So they got lucky, so what. Just because you made a bunch of money doesn't mean you know anything about what some janitors learned or for that matter tried to teach their children; who apparently didn't listen. 

• Stop watching the Shark Tank, so it will go off the air.
• Stop doing business with those on the Shark Tank
• Don’t buy any products from the paid advertisements on the Shark Tank show.
• Order an Invis-A-Rack.
• And stop using any service or product the Sharks are selling.

We are first and foremost Americans. And if we don’t take care of ourselves no one will.

• US Rack carries Invis-A-Rack
• AutoAnything carries the Invis-A-Rack
• Invis-A-Rack, Donny McCall
• Ford needs to offer the Invis-A-Rack

Send em back to Canada and where ever they go to count their money. 

Back In Time To Alaska

This is a Sarah Palin move leaving her post at the Governor of Alaska, in my opinion, to take a more lucrative job as a speaker or talk show host. And to salute Mrs. Palin I’m going to replay that famous interview with Katie Couric.

http://www.youtube.com/watch?v=0rXmuhWrlj4

Just keep thinking, “Huh? What did she say?” Okay we are just warming up. These are tough questions, but when you have a vast and variety of sources you can really stay in touch with world news. Just look out your window and look towards Russia.

http://www.youtube.com/watch?v=9go38MgZ4w8&&rel=0&color1=0x2b405b&color2=0x6b8ab6&border=1;feature=relmfu

Is Africa a part of North America? I thought NAFTA stood for, North American Free Trade Agreement?

http://www.youtube.com/watch?v=rNQLBSHckQ8&feature=related

I have but one question for Katie Couric, “How did you not start laughing during the interview?”

Here ask Matt Damon what he thinks. “It’s like a really bad Disney Movie.”

http://www.youtube.com/watch?v=C6urw_PWHYk&&rel=0&color1=0x2b405b&color2=0x6b8ab6&border=1;feature=fvst

But will the real SP please stand up. Not since Slingblade. She got lost in a corn maze…

http://www.youtube.com/watch?v=IE-OCDexYrU

Tina Fey does Sarah I, then Sarah II and then onto Sarah III.

Gary Stein, Marine Who Criticized Obama On Facebook, Will Receive Other-Than-Honorable Discharge

Think before you write and post on the Internet. 

The second is about an Aussie woman who was awarded workers’ compensation benefits due to being injured while having sex in a hotel room while on a business trip. Sorry, but I’m not buying this one. And certainly not in America. Well, it might depend on whether she lived in Las Vegas, worked in a legal brothel and was injured while working. Then I can see it. What would a work release look like in this case? Better yet, what would the work hardening program require? 

That reminds me of a burglary we had at Walgreens last week. They got away with all the Viagra. As of yesterday the West Des Moines Police were still out looking for hardened criminals. 

And then there is the brewing controversy over the lack of prosecution of employers not carrying workers’ compensation insurance and leaving injured workers to fend for themselves. This story is one that has been festering for quite some time. I recall the law being passed making it a crime for injured workers to file false claims, but not making it a crime for employers that do not carry workers’ compensation insurance. The law seemed totally one sided and anti-worker. It was almost as if the idea was to intimidate workers while giving dishonest employers a hall pass. It made me wonder about those passing the law. What were you thinking and who were you taking campaign contributions from? Which reminds me why I don't farm and why farmers shouldn't try to practice law,  including passing laws. 

The next case is rather odd in its scope of prohibiting a lawyer from using the Internet. The allegations center around a lawyer, well here let me quote the article: “A Michigan lawyer is facing a five-count criminal case on charges he broke into a former female employee's personal email account over a period of about six months last year.” The charges are for “three counts of unauthorized computer access and two counts of interfering with electronic communications, according to the Flint Journal and WJRT. All of the counts are felonies.” And here is the odd part, the scope of prohibitions seems at odds with the charges and the requisite harm possible: “He was released on $10,000 bond, the station reports. However, 67th District Court Judge David Goggins barred [the man] not only from using the Internet but from accessing the computer server in his law office. He is permitted only to use his smartphone for calls and cannot have direct computer access or use a digital tablet or iPad.”

Oh and let’s not let The Bachelor show go un discussed. The show was sued by two men of “color” (white is also a color, last I knew) because they weren’t able to land a role. I would think some of the screening has to do with the bachelor or bachelorette’s preferences. This will be interesting to watch how it develops. Here is the Petition or Class Action Complaint.

Just when I think that’s all the bizarre news to report I see another story. In this story the report is of a Cooley Law grad suing a Michigan photography studio for using his image to show how effective they are at retouching blemishes to facial skin tones and texture. The worse part is they never even asked for his permission! They just did it and sent it out to people in his class. Ouch! Really? Who came up with this not-so-bright idea? Here is the Complaint and Jury Demand.

We can’t go just yet because we need to cover a story about the Nigerian email scam and a law firm out of Minnesota. Here is the report, “Milavetz Gallop fell victim to the scam when someone claiming to be a 40-year-old Korean woman hurt in Minnesota told the firm she needed help securing a 400,000 legal settlement, report the Minneapolis Star Tribune and Courthouse News Service. The firm received a settlement check for the amount, received assurances it had cleared, and forwarded $396,500 to a Hong Kong bank for the client. The suit (PDF) claims Wells Fargo employees knew or should have known the check was fraudulent. The complaint alleges the bank had a conflict of interest because of a federal program that could have paid up to $150,000 to employees who provide information about money laundering.” Okay, this is way too funny because Iowans and Minnesotans like to make fun of each other and today they are playing the straight man to us Iowans. So let’s end today with some good ole’ Minnesota jokes from our friends at Jokes4Us.com.

Q. What's the difference between a Southwest Minnesota State University sorority sister and a scarecrow?

A. One lives in a field and is stuffed with hay. The other frightens birds and small animals. 

Q: Why do Minnesota grads keep their diplomas on their dashboards?

A: So they can park in handicap spaces. 

Q: Did you hear about the fire in University of Minnesota's football dorm that destroyed 20 books?

A: The real tragedy was that 15 hadn't been colored yet. 

Q: Why do Minnesota students have TGIF on their shoes?

A: Toes Go In First! 

Q: What does a Minnesota native and a bottle of beer have in common?

A: They’re both empty from the neck up. 

And for Sven, Ole and Lena jokes visit Minnesota Joes by Ole. 

Shark Tank draws blood with theme of duty, honor and My Company.

If you ever watched the TV show, The Shark Tank, you know it’s supposedly about American capitalism and how we should be inspired to emulate the super rich hosts. This last episode with Donny McCall and his money-making idea exposed the show for really what it’s about and it isn’t America. It’s about rich cats, which frankly aren’t very sympathetic to Americans. They are more interested in increasing their own wealth by exploiting American opportunities brought by groveling poor people. Frankly if you follow the show’s theme it’s all about the Almighty Dollar (or perhaps the Yuan or Loonie) than whether American worker’s ever eat another meal. Which is sort of ironic, because Donny McCall wouldn’t budge from his one requirement, the product has to be made in America. The hosts threw it back in his face with “I’m out”; those I’m out’s were simply Donny exposing the true theme: You’ll never get in.

Don’t mistake Robert Herjavec’s crocodile tears for genuine love of this country.

Robert Herjavec is the one rich-guy with the guts to say it like it is that when you’re wealthy and no longer need the rest of us you really don’t give a shit about whether poor American people eat. It’s a shame too because his father was a respectful and hard working man. His father was born in Croatia and swept floors to make a better life for his family. As Herjavec described how difficult a time his father had with being ostracized for working hard and at menial janitorial work, he teared up and had a difficult time talking down Donny Mccall. Too bad he didn’t choke harder on his words. Because no sooner did he contain the waterworks he told Donny boy to hit the bricks. I didn’t buy his crocodile tears; not for a single instant. It was obvious where this train wreck was heading. This train was speeding either straight towards Beijing as it crashed into a mountain of naysayers. Donny was just naïve enough to believe he could demand respect for American ideals or he hoped Cuban would grow a brain and Herjavec a heart.

OWS, ought to thank The Shark Tank for its rallying cry. Here it is: duty, honor, our country! America

So what’s this all about Alfie? Here is the idea of the Shark Tank. You have four or five very successful, perhaps just lucky, wealthy businessmen and one woman who have made lots of money and sit like Roman Emperors calling for the lions to eat the combatants when their ideas don’t measure up to how to get rich quick. They sit in chairs and allow a wannabe businessman or woman to present an idea about a new product or service they hope will make a ton of dough; then in turn the wannabe Caesars, verbally slices and dices it into coin sized bits and pieces to better understand if the idea is one they would want to invest their not-so-hard earned money. After quickly digesting the contents of the idea, its thumbs up or thumbs down and the contestants leave smiling like lions after a kill or mad as hell about being rejected in front of the unemployed audience. If there is money to be made on the idea then the Roman Senators bid on who gets the lion’s share of the company. So what happened with Donny’s idea? Well, after good old Donny laid down his idea of creating jobs for Americans, the jig was clearly up. This lion was about to be gutted. Caesar spoke and publicly declared the shows true colors: You Americans can’t make any of this stuff because we can get it made in third world countries by desperate people who by the way are also willing to sell their internal organs to make our iWhatevers.

Shark Tank Attacks Business Owner For Not Selling Out America

On the Donny McCall show the Sharks’ point was we’re not interested in investing in a product that had to be made in the United States when they can make more money having it made with cheap labor in Asia or Mexico. After all this is about maximizing profit, not getting the guy sweeping the floor a wage to feed his family of immigrants. So while they, these rich bananas, are making more money being on the shark tank that is being aired on the American airwaves protected by American’s who make the ultimate sacrifice, they tell the one guy wanting to stick up for Americans to shove it. Wow, talk about raw insensitivity. This has to take the cake as THE worst television theme show in the history of the planet. Arrogance meets Shallow Hal. And the ironic part is that we are all naïve enough to keep turning it on.

It’s an interesting, but extremely shallow theme. I’ll bet the producers had a powwow with the five hosts afterwards warning them not to be so honest, to hide the show’s theme or else they run the risk of losing American market share to other mindless drivel.  

The Sharks have forgotten what it's like to be poor and hungry. They know nothing about suffering and public service. Instead of giving advise to entrepreneurs, they should spend some time pushing a broom or handing out blankets to the poor and homeless. Hey Cuban, how many seats in that basketball stadium go to entertaining the unemployed poor? 

And that one episode will be the beginning of the end for the Shark Tank. Why? Because it was too honest in exposing how shallow and single minded they are about making a profit. What was said exposed the raw nerve of just how self-centered and selfish the people on the Shark Tank really are about making more money and having more money than God. They aren’t willing to sacrifice anything for America and certainly not for Americans. According to Wikipedia Herjavec was raised in Canada; he’s not even a true American willing to spill his blood for America’s ideals. I want your consumer dollars not your labor.

This is not a Republican or Democratic theme, this is an anti-American theme.

The show’s commitment has everything to do with the Almighty Dollar, maybe even the Canadian loonie and nothing to do with Americans or the American dollar, except when you spend it. These monetary aristocrats don’t care about America, because you see their underlying themes are not duty, honor and country. Theirs is duty, honor and My Company.

The Descendants, My father left us each enough money to do something with our lives, but not enough to do nothing.

Here is what this Canadian ought to do. Even though he was yet to be born when it was made, he ought to listen to General Douglas MacArthur as he describes the qualities duty, honor, country and the building of real honest character. MacArthur’s speech was made on May 12, 1962 at the U.S. Military Academy at West Point as he accepted the Thayer Award. And if you can’t stomach General MacArthur, why don’t you do us all a favor and go back to Toronto.

Audio of General MacArthur’s 1962 speech; I’d suggest our Canadian friend listen to it real well.

Perhaps the End Game will go something like this:

• The Shark Tank participants, exposed for the underlying theme of "Duty, Honor, and Company" will start to dislike the press and negative attention they are getting. They will then cower and hide behind their money, power and away from the unemployed. They serve no one but their own interests so maybe they will buy an island. They care only about what lines their pockets. They know nothing of duty, honor and country.
• The Shark Tank show will be cancelled because of declining market share.
• Occupy Wall Street will adopt as its rallying point: Duty, honor and Country versus duty, honor and My Company.
• OWS will move its protests to more corporate venues like where Cuban's basketball team plays.
• Cuban will sense this is coming and be the first to drop out claiming he is too busy to participate any longer.
• Donny McCall and Invis-A-Rack will become a rallying cry and a symbol of what we stand for as a nation.
• Donny McCall will be asked to run for Congress and his campaign theme will be, Duty, Honor, Country!

Gen. Douglas MacArthur's speech to the Corps of Cadets at the U.S. Military Academy at West Point, N.Y., May 12, 1962, in accepting the Thayer Award.^a

General Westmoreland, General Groves, distinguished guests, and gentlemen of the Corps,^b

As I was leaving the hotel this morning, a doorman asked me, "Where are you bound for, General?" and when I replied, "West Point," he remarked, "Beautiful place: have you ever been there before?"[Laughter]^c

No human being could fail to be deeply moved by such a tribute as this, coming from a profession I have served so long and a people I have loved so well. It fills me with an emotion I cannot express. But this award is not intended primarily to honorº a personality, but to symbolize a great moral code — the code of conduct and chivalry of those who guard this beloved land of culture and ancient descent. That is the animation of this medallion. For all eyes and for all time, it is an expression of the ethics of the American soldier. That I should be integrated in this way with so noble an ideal, arouses a sense of pride and yet of humility which will be with me always.

"Duty, Honor, Country" — those three hallowed words reverently dictate what you ought to be, what you can be, what you will be. They are your rallying point to build courage when courage seems to fail, to regain faith when there seems to be little cause for faith, to create hope when hope becomes forlorn.

Unhappily, I possess neither that eloquence of diction, that poetry of imagination, nor that brilliance of metaphor to tell you all that they mean.

The unbelievers will say they are but words, but a slogan, but a flamboyant phrase. Every pedant, every demagogue, every cynic, every hypocrite, every troublemaker, and, I am sorry to say, some others of an entirely different character, will try to downgrade them even to the extent of mockery and ridicule.

But these are some of the things they do.º They build your basic character. They mold you for your future roles as the custodians of the nation's defense. They make you strong enough to know when you are weak, and brave enough to face yourself when you are afraid.

They teach you to be proud and unbending in honest failure, but humble and gentle in success; not to substitute words for action; not to seek the path of comfort, but to face the stress and spur of difficulty and challenge; to learn to stand up in the storm, but to have compassion on those who fall; to master yourself before you seek to master others; to have a heart that is clean, a goal that is high; to learn to laugh, yet never forget how to weep; to reach into the future, yet never neglect the past; to be serious, yet never take yourself too seriously; to be modest so that you will remember the simplicity of true greatness, the open mind of true wisdom, the meekness of true strength.

They give you a temper of the will,º a quality of theº imagination, a vigor of the emotions, a freshness of the deep springs of life, a temperamental predominance of courage over timidity, an appetite for adventure over love of ease.

They create in your heart the sense of wonder, the unfailing hope of what next, and the joy and inspiration of life. They teach you in this way to be an officer and a gentleman.

And what sort of soldiers are those you are to lead? Are they reliable? Are they brave? Are they capable of victory?

Their story is known to all of you. It is the story of the American man at arms. My estimate of him was formed on the battlefieldº many, many years ago, and has never changed. I regarded him then, as I regard him now, as one of the world's noblest figures; not only as one of the finest military characters, but also as one of the most stainless.

His name and fame are the birthright of every American citizen. In his youth and strength, his love and loyalty, he gave all that mortality can give. He needs no eulogy from me, or from any other man. He has written his own history and written it in red on his enemy's breast.

But when I think of his patience under adversity, of his courage under fire, and of his modesty in victory, I am filled with an emotion of admiration I cannot put into words. He belongs to history as furnishing one of the greatest examples of successful patriotism. He belongs to posterity as the instructor of future generations in the principles of liberty and freedom. He belongs to the present, to us, by his virtues and by his achievements. º

In twenty campaigns, on a hundred battlefields, around a thousand campfires, I have witnessed that enduring fortitude, that patriotic self-abnegation, and that invincible determination which have carved his statue in the hearts of his people. From one end of the world to the other, he has drained deep the chalice of courage.

As I listened to those songs, in memory's eye I could see those staggering columns of the First World War, bending under soggy packs on many a weary march, from dripping dusk to drizzling dawn, slogging ankle-deep through theº mire of shell-pocked roads, to form grimly for the attack, blue-lipped, covered with sludge and mud, chilled by the wind and rain, driving home to their objective, and for many, to the judgment seat of God.

I do not know the dignity of their birth, but I do know the glory of their death. They died unquestioning, uncomplaining, with faith in their hearts, and on their lips the hope that we would go on to victory.

Always for them: Duty, Honor, Country. Always their blood, and sweat, and tears, as we soughtº the way and the light and the truth.º And twenty years after, on the other side of the globe, againº the filth of dirty foxholes, the stench of ghostly trenches, the slime of dripping dugouts, those broilingº suns ofº relentless heat, those torrential rains of devastating storms, the loneliness and utter desolation of jungle trails, the bitterness of long separation of those they loved and cherished, the deadly pestilence of tropicalº disease, the horror of stricken areas of war.

Their resolute and determined defense, their swift and sure attack, their indomitable purpose, their complete and decisive victory — always victory, always through the bloody haze of their last reverberating shot, the vision of gaunt, ghastly men, reverently following your password of Duty, Honor, Country.

The code which those words perpetuate embraces the highest moral law and will stand the test of any ethics or philosophies ever promoted for the uplift of mankind. Its requirements are for the things that are right, and its restraints are from the things that are wrong. The soldier, above all other men, is required to practice the greatest act of religious training: sacrifice. In battle and in the face of danger and death, he disposes those divine attributes which his Maker gave when he created man in His own image. No physical courage and no brute instinct can take the place of the divine help which alone can sustain him. However hard the incidents of war may be, the soldier who is called upon to offer and to give his life for his country is the noblest development of mankind. º

You now face a new world, a world of change. The thrust into outer space of the satellite spheres and missiles markº a beginning of another epoch in the long story of mankind.º In the five or more billions of years the scientists tell us it has taken to form the earth, in the three or more billion years of development of the human race, there has never been a more abrupt or staggering evolution. We deal now, not with things of this world alone, but with the illimitable distances and asº yet unfathomed mysteries of the universe. We are reaching out for a new and boundless frontier. We speak in strange terms: of harnessing the cosmic energy; of making winds and tides work for us; of creating unheardº synthetic materials to supplement or even replace our old standard basics; to purifyº sea water for our drink; of mining the ocean floors for new fields of wealth and food; of disease preventatives to expand life into the hundreds of years; of controlling the weather for a more equitable distribution of heat and cold, of rain and shine; of spaceships to the Moon;º of the primary target in war, no longer limited to the armed forces of an enemy, but instead to include his civil populations;º^dof ultimate conflict between a united human race and the sinister forces of some other planetary galaxy; ofº such dreams and fantasies as to make life the most exciting of all time.º

And through all this welter of change and development your mission remains fixed, determined, inviolable. It is to win our wars. Everything else in your professional career is but corollary to this vital dedication. All other public purposes,º all other public projects, all other public needs, great or small, will find others for their accomplishment;º but you are the ones who are trained to fight. Yours is the profession of arms, the will to win, the sure knowledge that in war there is no substitute for victory, that if you lose, the Nation will be destroyed, that the very obsession of your public service must be Duty, Honor, Country.

Others will debate the controversial issues, national and international, which divide men's minds. But serene, calm, aloof, you stand as the Nation's war guardians, as its lifeguards from the raging tides of international conflict, as its gladiators in the arena of battle. For a century and a half you have defended, guarded and protected its hallowed traditions of liberty and freedom, of right and justice. Let civilian voices argue the merits or demerits of our processes of government: whether our strength is being sapped by deficit financing indulged in too long, by federal paternalism grown too mighty, by power groups grown too arrogant, by politics grown too corrupt, by crime grown too rampant, by morals grown too low, by taxes grown too high, by extremists grown too violent; whether our personal liberties are as firm and complete as they should be; these great national problems are not for your professional participation or military solution. Your guidepost stands out like a tenfold beacon in the night: Duty, Honor, Country.

You are the leaven which binds together the entire fabric of our national system of defense. From your ranks come the great captains who hold the Nation's destiny in their hands the moment the war tocsin sounds.

The Long Gray Line has never failed us. Were you to do so, a million ghosts in olive drab, in brown khaki, in blue and gray,º would rise from their white crosses, thundering those magic words: Duty, Honor, Country.

This does not mean that you are warmongers. On the contrary, the soldier above all other people prays for peace, for he must suffer and bear the deepest wounds and scars of war. But always in our ears ring the ominous words of Plato, that wisest of all philosophers: "Only the dead have seen the end of war."^e

The shadows are lengthening for me. The twilight is here. My days of old have vanished — tone and tint. They have gone glimmering through the dreams of things that were. Their memory is one of wondrous beauty, watered by tears and coaxed and caressed by the smiles of yesterday. I listen then, but with thirsty ear, for the witching melody of faint bugles blowing reveille, of far drums beating the long roll. In my dreams I hear again the crash of guns, the rattle of musketry, the strange, mournful mutter of the battlefield. But in the evening of my memory alwaysº I come back to West Point. Always there echoes and re-echoes: Duty, Honor, Country.

Today marks my final roll call with you. But I want you to know that when I cross the river, my last conscious thoughts will be of the Corps, and the Corps, and the Corps.

I bid you farewell.

The McDonald’s verdict was widely controversial, but not because the jury did anything wrong. The verdict was controversial because marketing departments avoided talking about the real facts and instead re-engineered the “truth” to how they wanted the general public to understand what the case was about. Re-engineering the truth was justified in order to turn a larger profit. From the Liebeck post-verdict mania Madison Avenue spun out tricky marketing ideas with catchy names like the Darwin Awards and jackpot justice. Unfortunately for some businesses they are now learning a hard lesson because the spin machine has spun way out of their control. And that's the problem with lying, you need too many lies to keep the lie going. From all of this marketing chicanery has come an Internet spin meister monster of seemingly uncontrollable proportions and scope. It is an enormous snowball rolling uncontrollably down an ecnomic hill. And it's latest victim is a company embroiled in the pink slime controversy. For AFA Foods, Inc. the Internet machinery has become a multi-headed monster with no brain spinning facts like some delusional psychopath sounding the death knell for LTFB. For AFA Foods, Inc. the McDonald's post-verdict mania has now come full circle to the pink slime controversy.

AFA files for bankruptcy due to 'slime', United Press International

The media jumps on board for low priced news-filler and presto-chango we have news-etainment in the age of a viral YouTube. Ask yourself why ABC's Good Morning America airs YouTube video's without vetting the truth behind what is shown. Everyone knows, especially professional journalists, that YouTube isn't about truth. It's about entertainment and profit. This use of the Internet for spreading half-truths is clearly not in anyone's control, it's out of control and should teach us all a lesson about how truth is still alive and well.

Here is why. When you deal in half truths to make a profit, you’d better watch out because tomorrow it might come back to haunt you. It shouldn't only be when half-truths knock on your door that the truth still matters. 

The Truth: Fear can drive the masses to do exactly what makes no sense. Here allow me to prove my point about you doing what is irrational.

The Premise: The Bush Administration told us lawyers armed with contingent fees were getting rich off of filing frivolous lawsuits. And people believed it without considering the truth.

The Truth: A contingent fee is paid a percentage of the recovery; a frivolous lawsuit is worthless. One-third of zero is zero – applying a contingent fee agreement to a worthless lawsuit would drive the lawyer into bankruptcy.

The Catchy Phrase: "the frivolous lawsuit"

Mass Mania: But people believed the original premise – that the contingent fee agreement was encouraging lawyers to file worthless lawsuits. Everyone equated ‘frivolous lawsuits’ with what the other guy filed, not what they may someday have to file. But the general public didn’t see it that way – they assumed every lawsuit is frivolous …because it doesn’t directly involve me or my family and so it’s got to be frivolous.

The Internet is a tool, for spinning half truths, to both profit and to increase market share. Lies become reality when you've heard it enough times. Politicians are mostly to blame. But Madison Avenue isn't far behind. But there are others. The American Tort Reform Association and organizations using the Internet to create schools of prejudice employing truth-be-dammed ideas come up with catchy names like the Darwin Awards and Judicial Hellholes. They provide no documented proof of the facts they report. They aren't even held to a standard of publishing the truth. These are nothing more than spin machines where truth is ignored in favor of controlling public opinion to reach a conclusion that is favorable to those who will profit. These are Internet portals where result-oriented reasoning is employed to spin the facts having little to do with seeking a truth. But this truth be dammed marketing model has far reaching consequences with unintended results. And the Pink Slime controversy is a perfect example. Pink Slime or more properly LTFB, lean finely textured beef; LTFB has FDA approval and Jamie Oliver in exaggerating the controversy simply followed in the marketing footsteps of those who came before him; notably the McDonald’s verdict carpetbaggers.

Using a washing machine to separate meat from fat and then pouring liquid ammonia onto the separated meat is not how LTFB is made. But see "Jamie Oliver's Food Revolution: Pink Slime - 70% of America's Beef is Treated with Ammonia" 1,377,686 times and presto chango you have a new half-truth that plays well with the masses. 

What we need for real problems, are real solutions from deciphering real truth.

So who is worse, Jamie Oliver with his Food Revolution or the ATRA? I don’t like either.

One might ask is it possible to engineer the truth? Yeah, after 57 years on this planet I believe it is possible to reinvent the truth from made-up facts. To understand what is going on one need only learn about The Investigators with Jane Akre and Steve Wilson and how Fox treated the truth. Jane and Steve are professional reporters who wanted to report on hormones in milk. They tried and were told not on Fox. See what happened and if you believe news organizations aren’t being influence by Corporate America-China to not report about facts that are unfavorable to companies that advertise on Fox, think again. In my opinion Fox proved they are not in the business of making a news show that is held to a standard to publish the truth. Here see for yourself. I could be wrong, but I don’t think I am.

With major news outlets airing unvetted YouTube clips they aren't that far behind Fox News. 

Half-truths on the Internet are epidemic and we all know it, but the entertainment aspect makes us turn a blind eye. It's all a part of this new reality where we get to deny real problems really exist. But, turn the half-truth on you and now it's personal. Who is encouraging this?

Who is ultimately responsible isn't as important as seeing who is participating. Politicians name bills with monikers exactly the opposite of what the law will do. There is a hint of truth to the name, but barely. Wall Street repackaged high risk mortgages with names to disguise the true level of risk. CEO’s of international corporations work with accountants to jerry rig the books for the sake of justifying bonuses that otherwise would make no sense. Freddie and Fannie adopt a business model that guarantees everyone a mortgage irrespective of whether they can afford it. Lenders like everyone else adopt the same business model that assumes the truth doesn’t matter and toss out common sense by adopting no income loans (liar’s loan). Insurance companies air commercials saying you can rely on their advice for what insurance you need and then run from that claim when they are sued because the insured person doesn't have enough or the right kind of insurance. Liars are everywhere you look.

Well, the truth does matter and AFA Foods, Inc. is finding that out.  This week those who learned from the McDonald’s marketing machine playbook used the Internet and slimed the truth forcing AFA Food’s, Inc. into bankruptcy. Who will be next? Maybe it will be McDonald’s.

What can we learn from all of this? If you play fast and loose with the truth for short term political or economic gain, then sooner or later what goes around will come around. You see, the truth still does matter, and not just ‘back in the day’.

I often come back to William Kunstler’s speech, Disturbing the Universe. Today is no different because Attorney Kunstler’s speech about truth and irrational use of the truth for political and economic gain is even more relevant today in a world with the Internet, than it was in the 1970’s. What impresses me most is that this speech given in February 1970, some 42 years ago remains an accurate prediction of why truth is important and still matters. And that bring us full circle. Truth is important, whether we are talking ammonia or hot coffee and it shouldn’t have to be important only when it’s you that it involves. To seek an understanding of the truth young lawyers and people in general need ask but one question, “Where’s the beef?”

I rest my case.

The final report can be viewed online or on the Lombardi Law Firm website resource section. See Reforming The Iowa Civil Justice System, Report of the Iowa Civil Justice Reform Task Force.

All I can say is, it’s about time. In the last 30 years I must have told 1,000 people their civil cases were not economically feasible due mostly to litigation costs and time delays associated with case processing.  More on this at a later date, the report is 109 pages in length. 

In a statement to the press, Arthur Rubinfeld, President of Starbucks Global Development angrily declared the measure protectionist and anti business saying he would do what Apple has done and move to China making Americans drink the McDonald's coffee.

President Romney responded saying, “Starbucks is a gateway drug; just say no.”

Former President, Barack Obama issued a statement from Bain Capital Headquarters, “The growth of my teenage children is not being stunted by drinking coffee for breakfast. Drinking coffee allows them to cut down on how much they smoke.” 

Meanwhile, AARP declared they would have a statement as soon as they were finished in the bathroom.

Announcing, "It is bad for America for anyone to make mortgage payments on time...", the U.S. Congressional leadership moved quickly by declaring it illegal for anyone making timely mortgage payments and prohibiting them from filing for a tax refund. To discourage others who might pay their mortgages, the Act allows the children of parents whose mortgage is paid off to be carried on their parent's health insurance policy through the child’s 99^th birthday.

AARP announced they would have a statement as soon as they used the men’s room.

One of the less controversial measures made it illegal for lenders to ask for payment on a mortgage that is in default. Tacked onto the tail end of new criminal laws having to do using interstate electronic means of communication with fraudulent wire transfers, the Bad Apples Act prohibits use of the Internet or U.S. Mail “to collect, ask for, act like you want to be paid for a mortgage, lending instrument or note.”

Some lenders denounced the measure as lacking common sense and overreaching. Bank of America, AIG and other lenders saved by TARP 1000 argued these small town lenders really aren’t necessary and that they already have a way to make money with zero interest U.S. Treasury money that is used to buy 2.0% interest rate T-Bills. They continued, “With us having control of the U.S. Treasury, we really don’t need to make money through traditional lending practices. Especially not by lending to the American people.”  

The law known simply as 2BFF’s [“2Big2Fail, but not 2-Small-2-Bail”(out)] was announced as good for the good of the country.

Chinese President, Ma Ying-jeou had no offical comment. 

President Obama announced his confusion as to why the economy was still not working right declaring a bailout package would soon be introduced for unemployment agency workers losing their jobs when the unemployed workers go back to work.

In an effort to show the Republican and Democratic Parties can work together for the good of the country, senior members from across the aisle, hammered out a bill and then quickly passed a final version sending it over to President Obama for signature.

The bill known as the Americans With Disabilities Act 2.0 makes it illegal for any U.S. Citizen to say publicly there is no difference between the Republican and Democratic Parties. Declaring that it would save the country from needless arguing about politics while increasing the pension pay for members of Congress. 

President Obama is expected to sign the bill, noting it is "landmark legislation", and "a very useful bill for the American people (Mic not turned off: "...whoever they are.")". In signing the bill he declared, “When things make sense they just do.” 

The mayor of San Francisco was asked if it was an accurate depiction of his city. His reply, "Dude, you don't git it. You just don't git it!"

The bill known as the "Golden Boy Gay-Value-Added Tax Act" is being justified for making gayness more valuable. One legislator was heard to state during the debate, "If we can tell who is gay and make gayness illegal, it will drive gays underground; that in turn will make gays scarcer thereby increasing their value, sort of like precisous metals."

Commissioner Godfrey when asked for a comment said, "Wow, I hadn't thought of that, but it makes a lot of sense. I wonder if Terry and I can be friends?"

Meanwhile divorce lawyers everywhere were applauding divorce as a way to keep most of the family together.

Rick Perry, the Governor of Texas was heard to say, “If it creates jobs we must already be doing it and better than anyone else!” He was then heard whispering to an aid, “Can we use it to drill for oil?”

Governor Branstad responded that Texas’ version of the law was like a leaner beef version of venison, and then responded with “Dude, Rick don’t git it. Rick just don’t git it!”

The controversy continues….

To read How to File an Unemployment Insurance Claim While on Workers’ Compensation, visit the law firm of Spinem, Slyme, Liah and Babel.

Also read, Chris Godfrey’s Iowa Workers’ Compensation Office Rules the Roost for Unemployed Workers, Des Moines Register, April 1, 2012

*LTFB is defined by the USDA as, Lollipops taste far better. 

The President of the ATRA announced, “Today we move one step closer to putting our enemies in the scope of our rifle for tort reform while battling Anti-Americanism. Taking a weed-wacker to those with common sense, we once again make lung cancer fashionable!”

President Obama is expected to sign the bill into law.

Today's news is another day of inconsistent truths. Apparently my mother was right when she taught us two wrongs don’t make a right. A few people thought using a pretext to gain entry into animal confinements would be a good idea to show the world via YouTube that there is animal cruelty in pig confinements; keep in mind that animal cruelty is a crime in Iowa.

You east and west coasters probably didn’t know this juicy factoid, but Iowa is the land where at one time we had more pigs than humans. I’m not so sure that is still the case but nonetheless this cow wants us all to eat more chicken. This session in the Iowa legislature is proving to be a tough go for truth, justice and the American way. This past Friday Iowa became the first state to outlaw using a pretext to gain entry in a J-O-B when what you really want to do is show criminal activity. This will prove much harder to prove than one might think. I’m not sure whether you still commit a crime, if, after you start working there (the application process is long over with) you decide to videotape the cruelly, but one thing is certain; if you’re stupid enough to admit you made the decision before working there your probably committing a criminal act. This may be one of those laws that gives the jury the right to punish people they just don’t like; which really may be the point anyway.

“Legislatures in seven other states — Illinois, Indiana, Minnesota, Missouri, Nebraska, New York and Utah— have considered laws that would enhance penalties against those who secretly record video of livestock, though the efforts have stalled in some states.” Iowa Makes It A Crime to Lie to Record Animal Abuse, KCRG and the AP

On the other hand opponents of the law argue public policy strongly favors animal right laws and safe food practices that deserve exposure; even when it's negative for big businesses reputation and gives the State of Ioway a black eye. You really ought to get over it folks because there are worse things in life than not being allowed to lie, but then again I don't want food poisoning either. One has to ask, is the animal abuse worse for us than this little white lie, whatever that little white lie is? What is the lie? I can't be sure. How do you ask the question to know what the lie will be? 

It seems utterly preposterous that a government would advance policy making it a crime to say a little white lie in order to show someone else is breaking the law on a massive scale. I can see the corporate lawyers scribbling on legal pads rewriting the job applications. There will be a question and answer section that looks something like this.

HOG CONFINEMENT JOB APPLICATION

• Question: Do you hunt? If so, for what animals?
• Question: Do you own a pet? If so, what kind of animal and what is its name?
• Question: Have you ever hired a lawyer? If so, for what reason?
• Question: Are you a vegetarian?
• Question: Are you a vegan?
• Question: Do you eat meat on Friday?
• Question: When it comes to cruelty to animal laws do you believe the law should be enforced?
• Question: Do you think cows are sacred?
• Question: Have you watched Lassie Come Home more than once?
• Question: Is there anything you don’t like about the movie, My Dog Skip?
• Question: Who would you rather hang out with, Skip, Lassie, Babe the pig or Jeffrey Dahmer?
• Question: Do you own a video camera?
• Question: Have you ever uploaded a movie to YouTube?
• Question: How do you define lying?
• Question: If the company violates animal rights laws do you intend to report us?
• Question: What’s worse animal cruelty or knitting?
• Question: Do you believe there is any link between hurting animals and being a psychopath?
• Question: Do you believe smoking cigarettes causes lung cancer?
• Question: Do you believe the holocaust every happened?
• Question: Do you believe Iran is making weapons grade plutonium for making a bomb?
• Question: Do you regularly attend cock fights?
• Question: Do you believe there is any difference between the Republican and Democratic parties?
• Question: Have you ever suffered food poisoning?
• Question: Do you own a fur or leather coat?

Perhaps we need more lawyers back in the legislature. As a lawyer, I won’t try to farm if you farmers don’t try to play lawyer.

http://www.youtube.com/watch?v=NsJHqstPuNo

UPDATE: Governor Branstad signed the bill into law. See, Branstad defends signing livestock bill into law. Des Moines Register, Mike Glover, AP

This week we carry the list of the 100 Greatest Animal Movies of all times.

  1. Jaws - (1975) (Shark-Great White) (Roy Scheider)
  2. Old Yeller - (1957) (Dog-Labrodor) (Tommy Kirk)
  3. King Kong - (1933) (Gorilla) (Fay Wray)
  4. Moby Dick - (1956) (Albino Sperm Whale) (Gregory Peck)
  5. Lassie Come Home - (1943) (Dog-Collie) (Roddy McDowall)
  6. Benji - (1974) (Dog-Mut) (Edgar Buhcanan)
  7. National Velvet - (1944) (Horse) (Elizibeth Taylor)
  8. Babe - (1995) (Pig) (James Cromwell)
  9. Gorillas In The Mist - (1988) (Silverback Gorillas) (Sigourney Weaver)
10. The Bear - (1989) (Bart the Bear) (Dir. Jean-Jacques Annaud/no actors)
11. My Friend Flicka - (1943) (Horse) (Roddy McDowall)
12. The Yearling - (1946) (Deer) (Gregory Peck)
13. Sounder - (1972) (Dog) (Paul Winfield)
14. Born Free - (1966) (Elsa the Lion) (Virginia McKenna)
15. Harry And Tonto - (1974) (Cat) (Art Carney)
16. Cujo - (1983) (Dog-St. Bernard) (Dee Wallace)
17. Turner and Hooch - (1989) (Dog-Mastif) (Tom Hanks)
18. The Black Stallion - (1979) (Horse) (Mickey Rooney)
19. Seabiscuit - (2003) (Race Horse) (Tobey Maguire)
20. The Ghost and the Darkness - (1996) (Lions) (Val Kilmer)
21. The Adventures of Milo and Otis - (1989) (Cat & Dog) (Nar. Dudley Moore)
22. The Shaggy Dog - (1959) (English Sheep Dog) (Tommy Kirk)
23. The Incredible Journey - (1963) (Cat and 2 Dogs)
24. The Adventures of Rin Tin-Tin - (1947) (Dog-German Shepherd) (Robert Blake)
25. That Darn Cat - (1965) (Cat-Siamese) (Hayley Mills)
26. The Birds - (1963) (Birds) (Tippi Hedren)
27. Free Willy - (1993) (Killer Whale) (Jason James Richter)
28. Black Beauty - (1971) (Horse) (Mark Lester)
29. Salty - (1972) (Sea Lion) (Clint Howard)
30. Flipper - (1963) (Bottlenose Dolphin) (Luke Halpin)
31. Andre - (1994) (Seal) (Tina Majorino)
32. 101 Dalmations - (1996) (Dalmations) (Glenn Close)
33. March of the Penguins - (2005 Documentary) (Emperor Penguins) (Nar. Morgan Freeman)
34. Homeward Bound: The Incredible Journey - (1993) (Cat, Golden Retreiver, Bull Dog)
35. Dr. Doolittle - (1967) (various animals) (Rex Harrison)
36. Zeus And Roxanne - (1997) (Dog, Dolphin) (Steve Guttenberg)
37. Oh Heavenly Dog - (1980) (Benji the Dog) (Chevy Chase)
38. Babe: Pig In the City - (1998) (Pig) (James Cromwell)
39. Lad, A Dog - (1962) (Dog-Collie) (Angela Cartwright)
40. International Velvet - (1978) (Horse) (Tatum O'Neal)
41. Willard - (1971) (Rat) (Ernest Borgnine)
42. Call Of The Wild, Dog of the Yukon - (1997) (Dog-Husky) (Rutger Hauer)
43. Mighty Joe Young - (1949) (Gorilla) (Robert Armstrong)
44. Napoleon And Samantha - (1972) (Lion) (Johnny Whitaker)
45. Beethoven - (1992) (Dog-St. Bernard) (Charles Grodin)
46. Living Free - (1972) (Elsa the Lion) (Susan Hampshire)
47. Sammy The Way Out Seal - (1962) (Seal) (Billy Mummy)
48. Dr. Doolittle - (1998) (various animals) (Eddie Murphy)
49. Shiloh - (1997) (Dog-Beagle) (Rod Steiger)
50. It's A Dogs Life - (1955) (Dog-Bull Terrier) (Dean Jagger)
51. Orca, The Killer Whale - (1977) (Killer Whale) (Richard Harris)
52. Air Bud: Golden Receiver - (1998) (Dog-Golden Retriever) (Kevin Zegers)
53. White Fang - (1991) (Dog-Husky) (Ethan Hawke)
54. Paulie - (1998) (Parrot) (Hallie Kate Eisenberg)
55. Project X - (1987) (Chimpanzee) (Matthew Broderick)
56. The Amazing Panda Adventure - (1995) (Panda) (Stephen Land)
57. Buddy - (1997) (Gorilla) (Rene Russo)
58. The Cat From Outer Space - (1978) (Cat) (Ken Berry)
59. Fly Away Home - (1996) (Geese) (Jeff Daniels)
60. Larger Than life - (1996) (Elephant) (Bill Murray)
61. Flipper - (1996) (Bottlenose Dolphin) (Elijah Wood)
62. Operation Dumbo Drop - (1995) (Elephant) (Danny Glover)
63. Joey - (1997) (Kangaroo) (Ed Begley Jr.)
64. That Darn Cat - (1997) (Cat-Siamese) (Christina Ricci)
65. Ring Of Bright Water - (1969) (Otter) (Virginia McKenna)
66. Mighty Joe Young - (1998) (Gorilla) (Bill Paxton)
67. Harry And The Hendersons - (1987) (Bigfoot) (John Lithgow)
68. King Kong - (1976) (Gorilla) (Jessica Lange)
69. Best In Show - (2000) (Dogs) (Eugene Levy)
70. Francis - (1949) (Mule) (Donald O'Connor)
71. The Red Pony - (1949) (Pony) (Peter Miles)
72. Dunston Checks In - (1996) (Sam the Orangutan) (Jason Alexander)
73. Jumanji - (1995) (various animals) (Robin Williams)
74. Never Cry Wolf - (1983) (Wolves) (Charles Martin Smith)
75. Jungle Book - (1942) (various animals) (Sabu)
76. A Dog of Flanders - (1999) (Dog) (Jesse James)
77. The Doberman Gang - (1972) (Dogs-Dobermans) (Hal Reed)
78. My Dog Skip - (2000) (Dog-Jack Russell) (Frankie Muniz)
79. Cats & Dogs - (2001) (Cat-Persian, Dog-Beagle) (Jeff Goldblum)
80. Fluke - (1995) (Dog-Irish Setter) (Matthew Modine)
81. Legend Of The White Horse - (1985) (Horse) (Christopher Lloyd)
82. K-9 - (1989) (German Shepherd) (Jim Belushi)
83. Snow Dogs - (2002) (Huskies) (Cuba Gooding Jr.)
84. Wishbone: Dog Days West - (1998) (Dog-Jack Russell) (Angee Hughes)
85. Running Free - (2000) (Horse) (Chase Moore)
86. Racing Stripes - (2005) (Zebra, farm animals) (Hayden Panettiere)
87. Top Dog - (1995) (German Shepherd) (Chuck Norris)
88. Run for the Roses - (1978) (Race Horse) (Vera Miles)
89. Gus - (1976) (Mule) (Don Knotts)
90. Monkey Trouble - (1994) (Capuchin Monkey) (Thora Birch)
91. Phar Lap - (1983) (Race Horse) (Martin Vaughan)
92. Ben - (1972) (Rat) (Joseph Campanella)
93. Good Boy! - (2003) (Dogs) (Molly Shannon)
94. C.H.O.M.P.S. - (1979) (Dog-Robot) (Valerie Bertinelli)
95. Salt Water Moose - (1997) (Moose) (Johnny Morina)
96. Zebra In The Kitchen - (1965) (various animals) (Jay North)
97. Congo - (1995) (Gorillas) (Tim Curry)
98. Johnny & Clyde - (1995) (Dog) (John White)
99. My Magic Dog - (1998) (Dog) (Bryan Mendez)
100. Bedtime For Bonzo - (1951) (Chimp) (Ronald Reagan)

This headline caught my attention and pointed out a law that even I as a lawyer had no clue it existed.

For questions about federal employment see the U.S. Office Of Personnel Management. Or contact the Office at 1900 E Street, NW, Washington, DC 20415 (202-606-1800). 

“When an individual is barred from federal employment up until a certain date and that date passes, and the person then wants to apply for a federal position, what necessary steps should that person (applicant) take via OPM.

Once a period of debarment from competition for, or appointment to, specified positions has expired, a person is eligible to apply to any vacancy announcement posted following the application procedures outlined for the announcement.  The agency to which the person applies will process the application and evaluate the suitability of the applicant, as appropriate.”

According to Ehow.com federal law prohibits the hiring of felons in positions of employment in the following areas: Insurance, unions, health care, child care, prisoner transportation, government agencies and banks. There are companies selling software for verifying employees employment status. 

Then there is a recent assault case at the Ankeny Wal-Mart. Police report two woman assaulted a female security guard at the Ankeny Walmart store at 1002 SE National Avenue about 4:00 pm, they don’t report on what day. What’s interesting is the surveillance store footage has a very clear picture of the two woman. See KCCI’s story, Do You Recognize These Women? Of course a photographs of customers is a long way from proving these are the same people who assaulted the guard, but it demonstrates that whenever there is the accusation of criminal activity the first line of offense and defense may be the surveillance cameras. 

Whether it’s a criminal case, a car accident or a slip-n-fall case, attorney’s need to visit the scene and look around for what may be the best witness money can find. The same can be said of those accused of a crime. Go to the scene and look around to see if there are surveillance cameras present. If so tell your lawyer and allow them to obtain the evidence. 

The challenge with video surveillance footage in a digital age will be quality of the images shown, the chain of custody and spoliation of evidence. Frost & Sullivan have an interesting white paper on the subject. See Frost & Sullivan, Using Video Surveillance As Evidence, Capturing And Storing The Best Video For Evidence. What I find interesting about this white paper is the expectation of protection argument being suggested and how that might impact retailers whose cameras provide poor quality making the evidence unreliable and therefore not admissible. Why have the camera and create an expectation of protection when what the camera produces is useless? Another reason why this subject is timely is the growing use of traffic ticket surveillance cameras in Cities across the United States. (The Problem With Legacy Surveillance Systems)

These cameras will provide evidence for many kinds of cases and I'm guessing there will be a push to make the video public with its posting on the Internet. 

Resources:

• Video Surveillance Evidence: Are Digital Copies Admissible, Pursuit Magazine
• Court Allows Defendant to Rely on Surveillance Evidence
• Use of Video Surveillance Evidence to Support Employee Discipline, Maiello Brungo & Maiello, Attorneys discussing collective bargaining agreements and how those agreements treat surveillance of employees. See Brewers & Maltsters, Local Union #6 et. al. vs Anheuser-Busch, Inc.,  2005 U.S. App. LEXIS 13292 (D.C. Cir., 2005)
• BC Injury Law And ICBC Claims Blog,
• The Documentalist, Admissability (sic) of Digital Data in the Court Room Outside of the US
• Prosecutor: Surveillance footage no help in solving case of heroin missing from evidence locker, Chicago Tribune, placement of the camera is important because in this case someone parked a food delivery truck so it blocked the lone surveillance camera’s view of the evidence locker allowing 3 kilos of heroin to be removed. 

It's digital currency that avoids traditional banking fees and limitations of regulations; but is it safe.

Is it safe? I'm not sure, but with governments devaluing currencies it's probably going to increase in use and value. After all once governments decided to go off the gold standard the only value to money is in the full faith and credit of the government that issues it. If the government devalues it's full faith and credit then the money they print becomes worthless forcing people to seek other ways of payment. It's really no different than bartering for services. Instead of accepting dollar bills you take chicken to make chicken soup for the family.

According to the Bitcoin Organization bitcoin is an experimental new digital currency that enables instant payments to anyone, anywhere in the world. Bitcoin uses peer-to-peer technology to operate with no central authority: managing transactions and issuing money are carried out collectively by the network. Bitcoin is also the name of the open source software which enables the use of this currency. 

Bitcoins avoid banks and government clearing houses thus avoiding fees and probably judgement creditors. They are transferred person to person. The user needs a digital wallet. 

Wikipedia on Bitcoin - Bitcoin is a decentralized electronic cash system using peer-to-peer networking, digital signatures and cryptographic proof to enable irreversible payments between parties without relying on trust. Payments are made in bitcoins (abbreviated BTC), a digital currency issued and transferred by the Bitcoin network. Nodes broadcast transactions to the network, which records them in a public history after validating them with a proof-of-work system.

REFERENCES

• What is Bitcoin? by Weusecoins
• Bitcoin Charts or exchange rates for world currencies
• How to deposit cash for Bitcoin

The Govna wanted Godfrey to resign claiming inter alia that Godfrey's actions were getting in the way of job creation in Iowa. Essentially the claim is that he wasn’t doing a good job; a claim which is seriously flawed to the point of being frivolous. (On this point you need only read how the Iowa Economic Development Authority sells this state to the business community.) Iowa’s workers’ compensation program is heralded as one of the best run programs in the country. Godfrey’s suit says if I am doing a good job what else is left but a right-wing attack on my sexual preferences? 

"Iowa’s workers’ compensation costs are among the nation’s lowest. The average cost of workers’ compensation insurance for manufacturers in Iowa is 16 percent lower than the national average. Iowa law provides for employer choice of doctor." (Actuarial and Technical Solutions, 2009) - quote from Iowa Economic Development Authority, Iowa's Business Advantages LINK

I'm not sure in Iowa I've seen this level of dirty politics being played with the Iowa Industrial Commissioner position. As someone who is a registered Republican and who has practiced before the commission for over 30 years I have to say Chris Godfrey is doing an excellent job. His decisions find balance and frankly the Commission under his administration hasn't favored the injured workers. There is a balance struck that favors no one side. He sticks to the law. His decisions are as fair to the employers as they are to the injured workers. The facts seem to dictate the outcome and if I had to pick a side I'd say the Commission favors the employers. So come on Govna what the heck are you doing?

So who can hear their bank account going ka-ching?

According to the Des Moines Register’s Blog the State of Iowa is paying lawyers $325 per hour to defend the Governor’s actions. Wow George how does one get that kind of coin? According to the Register blog George LaMarca agreed to reduce his hourly rate to $210 per hour and to charge only $75 an hour for legal clerks. Most of Iowa’s downtown defense legal community will be thinking, “Where do I sign up for this gig?” But this isn’t the first time; according to the Register’s blog the Govna hired the Nyemaster Law Firm at $275 an hour to defend him back in September. For a guy that hates lawyers he sure seems to need them quite often. Both are excellent firms and of course Roxanne is no push-over when it comes to civil litigation that gets downright uncivil. See Rush Niget on the Microsoft litigation of which Roxanne Conlin was lead counsel.

What is a citizen to do while the political left and right waste our tax dollars?

You can sit on the sidelines and ignore the shenanigans or else you can publicly speak up. For me the future for my children and grandchildren is more important than just accepting the wasting of government resources to tell people who they can and can't sleep with or love. Frankly that's their business. For me it's more important to speak up than to allow the egos of politicians, left or right, to use the government for their own personal beliefs. 

My suggestions:

• The two of you knock it off.
• The Govna immediately and retroactively reinstate Godfrey’s pay.
• The Govna publicly apologize to Godfrey.
• Godfrey dismisses his lawsuit.
• The Govna knocks off the personal animosity towards Godfrey so the people of Iowa can be served in a way that advances the image of the people of this state and improves the business climate along with creating jobs; rather than chasing them out of this state.
• We tell George "thanks but no thanks." and we all save a bunch of money, a lot more than dismissing Godfrey would ever save.

Just my two cents.

RESOURCES

• Godfrey vs Branstad State Appeal Board Claim Form
• Godfrey vs Branstad Tort Claims Against State Employees
• Godfrey vs Branstad Petition at Law and Jury Demand
• Godfrey vs Branstad Tort Claims Against the State
• Iowa Economic Development on the Iowa Workers' Compensation Commissioner's Job Rating
• Office of the Governor of Iowa
• Follow the Govna on Twitter or on Facebook
• Iowa Industrial Commission Website
• Iowa Advocate
• Huffington Post – Iowa Governor slapped With $1 Million Discrimination Lawsuit By Openly Gay Commissioner
• Historical Suicide - Disgracing Your Family's Reputation by Opposing Gay Marriage, Posted by Steve Lombardi on April 26, 2011