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	<title>Law Legal Laporte &#187; american law</title>
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		<title>Law Grads Sue Law Schools over Skewed Employment Figures</title>
		<link>http://www.lil-leo-laporte.com/american-law/law-grads-sue-law-schools-over-skewed-employment-figures/index.html</link>
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		<pubDate>Sun, 05 Feb 2012 09:52:28 +0000</pubDate>
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		<description><![CDATA[The suits lay a schools arrogant a data, in part, by contracting their possess graduates in proxy jobs and counting graduates operative in non-legal-related jobs and part-time and proxy jobs as employed.  “We trust that some in a authorised academy have finished a harm to a contention and a republic by saddling tens of thousands [...]]]></description>
			<content:encoded><![CDATA[<p>The suits lay a schools arrogant a data, in part, by contracting their possess graduates in proxy jobs and counting graduates operative in non-legal-related jobs and part-time and proxy jobs as employed.  “We trust that some in a authorised academy have finished a harm to a contention and a republic by saddling tens of thousands of immature lawyers with large debt for a grade value distant reduction than advertised,” settled David Anziska, on interest of Plaintiffs’ counsel.</p>
<p>The suits also lay that a schools arrogant income information as well.</p>
<p>Attorney Jesse Strauss, who represents some of a plaintiffs who filed a suits, pronounced arrogant practice and income total pushed some-more students to go to law school. He argues that if they knew pursuit total for new law propagandize grads were diseased and they were doubtful to get a pursuit when they graduated, they competence not have motionless to plunk all that fee down.  Law propagandize can cost upwards of $75-thousand dollars including vital expenses.</p>
<p>Schools being sued embody 4 in New  York, including Albany Law School of Union University, Brooklyn Law School, and Maurice A. Deane School of Law during Hofstra University.  New   York Law School was named in another suit.</p>
<p>The law schools contend they complied with all a standards of their trade association, a National Bar Association and other authorised trade groups. </p>
</p>
<p>“We belong to a stating discipline set by a National Association for Law Placement (NALP) and a American Bar Association, that set a standards for measuring practice information for accredited law schools nationwide,” pronounced a mouthpiece for Hoftra  Law School.</p>
<p>Albany  Law School also shielded a statistics as following American Bar Association guidelines, along with those set by a National Association for Legal Career Professionals.  “The plaintiffs have been transparent in their loyal idea to pill a systemic stating emanate opposite authorised preparation and are regulating a category movement fit to force institutional change,” Connie Mayer, Interim President and Dean of Albany Law School pronounced in a statement.</p>
<p>Still, Strauss pronounced that complying with trade organisation standards is not enough.  “Their invulnerability is that they’re somehow authorised by their trade organisation to news practice and income information in a dubious way,” pronounced Strauss.  “You can’t have a trade organisation pass regulations that immunizes schools from fraud.”</p>
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		<title>REFILE-FEATURE-Law grads go to justice for failure protection</title>
		<link>http://www.lil-leo-laporte.com/american-law/refile-feature-law-grads-go-to-court-for-bankruptcy-protection/index.html</link>
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		<pubDate>Sat, 04 Feb 2012 09:18:53 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[american law]]></category>

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		<description><![CDATA[Fri Feb 3, 2012 6:59pm EST (refiles given of technical blunder associated to a use of brackets) * Default rates doubled from 2008 to 2010-Access Group * Major law firms condense 5% of jobs given 2008 * Legal median income not adequate to cover median debt * New ABA order calls for propagandize clarity on [...]]]></description>
			<content:encoded><![CDATA[<p><span><br />
<span></span></p>
<p>
        <span class="timestamp">Fri Feb 3, 2012 6:59pm EST</span>
        </p>
<p><span class="focusParagraph">
<p>(refiles given of technical blunder associated to a use of<br />
brackets)</p>
<p></span><span></span>
<p>* Default rates doubled from 2008 to 2010-Access Group</p>
<p><span></span>
<p>* Major law firms condense 5% of jobs given 2008</p>
<p><span></span>
<p>* Legal median income not adequate to cover median debt</p>
<p><span></span>
<p>* New ABA order calls for propagandize clarity on job<br />
placement</p>
<p><span></span>
<p>By Leigh Jones and Moira Herbst</p>
<p><span></span>
<p>Feb 3 (Reuters) &#8211; When Diana Valle motionless to intern<br />
at a failure organisation during law school, she had no suspicion how<br />
useful a knowledge would infer &#8211; in her possess case.</p>
<p><span></span>
<p>Shortly before graduating from a University of Maryland<br />
School of Law, a 26-year-old Valle, impeded with $150,000 in<br />
student debt and with no evident pursuit prospects, filed for<br />
Chapter 7 personal failure protection.</p>
<p><span></span>
<p>&#8220;I was unequivocally meditative it would be many easier to get a<br />
job,&#8221; pronounced Valle, who now lives with her mom and recently<br />
landed authorised agreement work by a temp agency. &#8220;I knew it was<br />
bad, though we didn&#8217;t consider it would be this bad.&#8221;</p>
<p><span></span>
<p>Valle, who represented herself, found out a tough approach that<br />
federal law prohibits courts from discharging student-loan debt<br />
except in cases where amends would emanate a supposed &#8220;undue<br />
hardship&#8221; on a debtor &#8211; a formidable customary to meet.</p>
<p><span></span>
<p>It&#8217;s a unhappy irony of a Great Recession: Law students<br />
are borrowing an normal of $106,000 for private schools or<br />
$70,000 for open schools during a time when there are fewer legal<br />
jobs to assistance them compensate off a loans. And that&#8217;s brought a rise<br />
in defaults, withdrawal some like Diana Valle branch to a courts<br />
to assistance them cope with outrageous debt loads.</p>
<p><span></span>
<p>Although no decisive information marks how many law-school<br />
students and new graduates have announced bankruptcy,<br />
observers contend law graduates face a &#8220;perfect storm&#8221; in which<br />
average law- propagandize debt is adult 50 percent between 2001 and<br />
2010 and is now outpacing graduates&#8217; earning energy .</p>
<p><span></span>
<p>&#8220;If we did not go to a tip 40 law propagandize and finished in<br />
the tip 25 percent of your class, you&#8217;re not going to get one of<br />
those jobs,&#8221; pronounced Jordan Abshire, principal of attorney<br />
recruiting group Lateral Link. Abshire pronounced that given 2008, he<br />
has seen some-more attorneys with a few years of knowledge filing<br />
for bankruptcy, mostly carrying a new home debt on tip of<br />
their tyro loans.</p>
<p><span></span>
<p>Bruce MacEwen, law organisation consultant and boss of JD<br />
Match, an online contention pursuit service, pronounced he would be<br />
&#8220;shocked&#8221; if failure filings hadn&#8217;t left adult among law<br />
graduates given 2008. He pronounced a financial difficulty for law<br />
graduates from reduce tier schools is generally dire.</p>
<p><span></span>
<p>&#8220;It&#8217;s a tragedy,&#8221; he said.</p>
<p><span></span>
</p>
<p><span></span>
<p>&#8220;SPEND NOW AND PAY LATER&#8221;</p>
<p><span></span>
<p>Consumer bankruptcies altogether were indeed down by 11<br />
percent in 2011, though several indicators, such as student-loan<br />
default rates, advise that law students and graduates have not<br />
benefited from this trend.</p>
<p><span></span>
<p>At Access Group, one of a largest private lenders to law<br />
school students in a country, law-school loan defaults started<br />
rising in 2008 and appearance toward a finish of 2010, when students<br />
were delinquent during twice a approaching rate, according to<br />
president and CEO Christopher Chapman.</p>
<p><span></span>
<p>Chapman pronounced default rates began a decrease after that, but<br />
he concurred that a dump might be shabby by a fact that<br />
Access has not released any new tyro loans given Congress<br />
passed a law in Mar 2010 effectively interlude private lenders<br />
from arising government-backed tyro loans.</p>
<p><span></span>
<p>For all forms of tyro loans , that include<br />
undergraduate, connoisseur and veteran students, defaults rose<br />
to 8.8 percent in 2010 from 7 percent in 2009 &#8211; a latest year<br />
that information was accessible from a U.S. Department of Education.</p>
<p><span></span>
<p>Bankruptcy filings by college graduates also increasing by 20<br />
percent between 2005 and 2010, according to 2011 commentary by the<br />
Institute for Financial Literacy.</p>
<p><span></span>
<p>The debt bucket on students is done worse by a shrinking<br />
legal pursuit market. Since Jan. 1, 2008, vital law firms have laid<br />
off about 5,900 attorneys, according to a Lay-Off tracker at<br />
lawshucks.com, a blog that marks law organisation hiring. That is about<br />
5 percent of all attorneys during a 250 largest law firms,<br />
according to a National Jaw Journal. (The U.S. Department of<br />
Labor does not collect pursuit information on attorneys specifically.)</p>
<p><span></span>
<p>For a initial time, law propagandize students graduating with the<br />
median volume of law propagandize debt are incompetent to make ends accommodate if<br />
they make a median starting income &#8211; about $63,000 in 2010 -<br />
said James Leipold, executive executive of a National<br />
Association for Law Placement, during an attorney-recruiting<br />
conference in New York final month.</p>
<p><span></span>
<p>&#8220;There&#8217;s a mismatch between a amounts law schools charge<br />
and a compensate many graduates receive,&#8221; Leipold said. &#8220;It doesn&#8217;t<br />
work.&#8221;</p>
<p><span></span>
<p>Most law graduates enter a contention with distant reduction debt<br />
than a University of Maryland&#8217;s Valle, though a accessibility of<br />
borrowed income can be enticing, Bourne said.</p>
<p><span></span>
<p>Misty Kennedy, 34, took out about $145,000 in loans to<br />
attend Appalachian School of Law in Grundy, Va. She graduated in<br />
2005 and filed for failure in Mar 2010.</p>
<p><span></span>
<p>&#8220;I asked for a limit volume of loans, and it was just<br />
handed to me,&#8221; she said. &#8220;I thought, spend now and compensate later,<br />
when my income grows.&#8221;</p>
<p><span></span>
</p>
<p><span></span>
<p>&#8220;IT&#8217;S BLEAK&#8221;</p>
<p><span></span>
<p>One of Kennedy&#8217;s creditors is Wilmington, Del.-based Access<br />
Group. Access CEO Chapman declined to criticism privately on<br />
Kennedy&#8217;s case, though pronounced a association maintains high lending<br />
standards.</p>
<p><span></span>
<p>&#8220;Even in a flush times when credit was easy, we were<br />
always clever about progressing lending and underwriting<br />
standards,&#8221; Chapman said. &#8220;While many lenders reduced their<br />
standards, we hold firm. And it cost us some loan volume. We try<br />
to error on a side of caution.&#8221;</p>
<p><span></span>
<p>After graduation, Kennedy changed to Knoxville, Tenn., where<br />
she found work as in-house warn for a ubiquitous contracting<br />
company, though she was laid off in 2008. In Sep of that<br />
year, she non-stop her possess law bureau in Tazewell, Tenn.</p>
<p><span></span>
<p>Kennedy pronounced that she has net income of $1,000 a month,<br />
which creates it scarcely unfit to compensate a $700 a month she<br />
owes on her law propagandize loans.</p>
<p><span></span>
<p>Kennedy filed for Chapter 7 failure in 2010. In 2011, a<br />
Tennessee failure justice dynamic amends would not be an<br />
undue hardship.</p>
<p><span></span>
<p>&#8220;(Kennedy&#8217;s) financial problems stem, in vast part,<br />
from her possess personal choices,&#8221; a justice ruled. But declaring<br />
bankruptcy can yield some service to those in Kennedy&#8217;s<br />
position. While her law propagandize debt remains, a court<br />
discharged her personal debt of $36,000.</p>
<p><span></span>
<p>Meanwhile, a American Bar Association, that accredits<br />
U.S. law schools, is in a routine of changing a manners to<br />
require some-more clarity in a job-placement information that schools<br />
report about their graduates. That change comes amid concerns -<br />
and, in some cases, lawsuits opposite schools &#8211; that schools were<br />
publishing deficient or dubious numbers to make the<br />
employment design seem rosier.</p>
<p><span></span>
<p>Last month, ABA President William Robinson stirred<br />
controversy when he told Reuters that it was &#8220;inconceivable&#8221;<br />
that people in a position to go to law propagandize would not know<br />
&#8220;that a pursuit marketplace out there is not as well-suited as it might<br />
have been five, six, seven, 8 years ago.&#8221; After a story<br />
was published, an ABA mouthpiece pronounced Robinson&#8217;s remarks were<br />
used out of context.</p>
<p><span></span>
<p>At her use in Tazewell, Kennedy pronounced is looking for<br />
ways to move in some-more cases so she can make her loan payments.<br />
For now, she is not optimistic.</p>
<p><span></span>
<p>&#8220;It&#8217;s bleak, and really troublesome &#8212; generally this many<br />
years out of law school,&#8221; she said.	</p>
<p> (Reporting by Leigh Jones and Moira Herbst; modifying by Jesse<br />
Wegman and Edward Tobin)</p>
<p><span></span></span></p>
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		<title>Children win authorised right to see both relatives after divorce</title>
		<link>http://www.lil-leo-laporte.com/american-law/children-win-legal-right-to-see-both-parents-after-divorce/index.html</link>
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		<pubDate>Fri, 03 Feb 2012 08:49:42 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[american law]]></category>

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		<description><![CDATA[Eight per cent of singular relatives in Britain are fathers. The proclamation will give wish to debate groups that have argued for years that fathers merit a authorised right to some-more equal entrance after a divorce. It will also overturn a categorical anticipating of an eccentric central examination into family probity by David Norgrove, that [...]]]></description>
			<content:encoded><![CDATA[<p>
Eight per cent of singular relatives in Britain are fathers.
</p>
<p>
The proclamation will give wish to debate groups that have argued for years<br />
  that fathers merit a authorised right to some-more equal entrance after a divorce.
</p>
<p>
It will also overturn a categorical anticipating of an eccentric central examination into<br />
  family probity by David Norgrove, that reported in November. He concluded<br />
  that it would be too toilsome for judges to safeguard larger equivalence of<br />
  access.
</p>
<p>
Ministers are fresh themselves for a recoil from singular mothers’ groups<br />
  that are endangered about a probability of assertive fathers intervening<br />
  in a lives of their children.
</p>
<p>
The operative group, comprising preparation ministers Tim Loughton and Sarah<br />
  Teather, and probity apportion Jonathan Djanogly, has been asked to come up<br />
  with proposals on how a law should be altered within dual months.
</p>
<p>
Campaign organisation Fathers4Justice claims that any day 200 children mislay contact<br />
  with their fathers since of decisions taken in family courts. Under the<br />
  skeleton a 1989 Act could be nice to embody a “presumption of shared<br />
  parenting”, this journal has learnt.
</p>
<p>
Mr Loughton final night told The Daily Telegraph: “The state can't create<br />
  happy families, or attorney gentle break-ups.
</p>
<p>
“But if children are carrying decent, amatory relatives pushed out of their lives,<br />
  we owe it to them to change a complement that lets this happen.”
</p>
<p>
One central pronounced a Government wanted to mislay any “inbuilt authorised bias<br />
  opposite a father or a mother” in a law. The central said: “This is<br />
  about a children. Both relatives should have a full and stability purpose in a<br />
  child’s life after they separate.
</p>
<p>
“Where there are no poignant gratification issues, we would wish to see this<br />
  element reinforced by law. We will make a legislative statement<br />
  emphasising a significance of children carrying an ongoing attribute with<br />
  both their relatives during separation, when it is protected and in a child’s best<br />
  interests.
</p>
<p>
Mr Norgrove creatively due a right to equal entrance in law for both<br />
  relatives final Mar and afterwards forsaken it from his final 220-page news in<br />
  November.
</p>
<p>
He pronounced it would put too many vigour on judges to set out a accurate length<br />
  of time that any divorced primogenitor should spend with their children.
</p>
<p>
Mr Norgrove, who chairs a Low Pay Commission, cited justification from Australia<br />
  that suggested children suffered some-more when courts imposed time boundary on<br />
  entrance to parents.
</p>
<p>
Mr Loughton, who had campaigned to change a law when in opposition,<br />
  suggested Mr Norgrove had review too many into a Australian example.
</p>
<p>
He added: “The judgment of &#8216;shared parenting’ after a break-up mostly gets<br />
  confused with a thought of equal time that a child spends with any parent.
</p>
<p>
“Quite clearly, typical vital and operative arrangements make an equal<br />
  multiplication impossible, and undesirable, in all though a tiny minority of cases.
</p>
<p>
“In all of this, a many critical thing stays a element that the<br />
  child’s gratification is a peerless caring and this contingency not be diluted.”
</p>
<p>
Ministers are also set to announce a £10million account to inspire some-more parents<br />
  to use mediation. Mr Loughton added: “The courts are frequency a best place<br />
  for solution private disputes about a caring of children.”</p>
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		<title>UDM Law School buys former firehouse for authorised assist clinics</title>
		<link>http://www.lil-leo-laporte.com/american-law/udm-law-school-buys-former-firehouse-for-legal-aid-clinics/index.html</link>
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		<pubDate>Thu, 02 Feb 2012 08:25:19 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[american law]]></category>

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		<description><![CDATA[The University of Detroit Mercy School of Law has purchased a empty former Detroit firehouse downtown for use as a destiny home of a open authorised assist clinics. UDM bought a former firehouse during 585 Larned with a present from alumnus Anthony A. Asher, handling partner of a law organisation of Sullivan, Ward, Asher Patton, [...]]]></description>
			<content:encoded><![CDATA[<p>The University of Detroit Mercy School of Law has purchased a empty former Detroit firehouse downtown for use as a destiny home of a open authorised assist clinics.</p>
<p>UDM bought a former firehouse during 585 Larned with a present from alumnus Anthony A. Asher, handling partner of a law organisation of Sullivan, Ward, Asher  Patton, formed in Southfield, done in memory of his brother, George Asher.</p>
<p>The two-story trickery will yield some-more than 6,000 block feet of space for a school&#8217;s 10 authorised assist clinics. Last year, UDM supposing assistance for some-more than 1,450 people in a several clinics, including civic law, immigration and asylum, mediation, consumer invulnerability and debt foreclosure.</p>
<p>The propagandize skeleton to open a new trickery in December.</p>
<p>The firehouse was built in a early 1900s and served as a home for a Detroit Fire Department&#8217;s Engine 2 for many years.</p>
<p>The building was used for other functions after it was sole by DFD, though it retains most of a ancestral impression including turn staircases, extraneous red glow doors and a surveillance tower. UDM Law will keep a ancestral demeanour in a redesign, a propagandize said.</p>
<p>&#8220;It&#8217;s unequivocally exciting,&#8221; law propagandize vanguard Lloyd Semple pronounced Wednesday. &#8220;It&#8217;s a ideal fit&#8221; for a school&#8217;s downtown campus.</p>
<p><i> Contact John Gallagher: 313-222-5173 or gallagher99 @freepress.com </i></p>
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		<title>Li: Legal wrangling over Texas redistricting misses a large story</title>
		<link>http://www.lil-leo-laporte.com/american-law/li-legal-wrangling-over-texas-redistricting-misses-the-big-story/index.html</link>
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		<pubDate>Wed, 01 Feb 2012 08:09:05 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[american law]]></category>

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		<description><![CDATA[By Michael Li Special to a Star-Telegram]]></description>
			<content:encoded><![CDATA[<p class="byline">By Michael Li</p>
<p class="byline_credit">Special to a Star-Telegram</p>
<p>    <!-- &amp; /mi/pubsys/story/byline, format=&gt;'
<p class="byline">[/mi/pubsys/story/byline]</p>
<p>&#8216; &amp; &#8211;><br />
    <!-- &amp; /mi/pubsys/story/credit_line, format=&gt;'
<p class="byline_credit">[/mi/pubsys/story/credit_line]</p>
<p>&#8216; &amp; &#8211;></p>
<p>    Every redistricting cycle has a theme.</p>
<p />This year&#8217;s large thesis is a conspicuous expansion of a state&#8217;s Hispanic population. After all, 65 percent of Texas&#8217; race expansion over a final decade was Hispanic. Despite that, there&#8217;s a constrained evidence that Hispanic voting strength is indeed discontinued underneath a new voting maps authorized by a Legislature.
<p />As absolute as that story is, there&#8217;s another equally important, though reduction commented upon, story in this year&#8217;s redistricting fights: a presentation of different multi-ethnic districts in a state&#8217;s civic areas, where historically discriminated-against minority groups have managed to grasp gains by operative together.
<p />There&#8217;s no improved instance of this than state Senate District 10, that Wendy Davis won in 2008 formed on a support of 99 percent of African-Americans and some-more than 80 percent of Hispanics, and a smaller commission of Anglos.
<p />Over time, this may, in fact, be a bigger story of a final decade.
<p />As civic Texas becomes some-more different &#8212; and compartmentalized neighborhoods that are a disdainful safety of one racial organisation disappear &#8212; some-more and some-more districts like Davis&#8217; will emerge naturally. The rival state House seats that have arisen in new years in places like Irving and Grand Prairie are a product of a same phenomena.
<p />That might be since Texas Republicans have fought so tough to take detached Senate District 10 and force a minority race into far-flung districts where combining winning coalitions is most harder if not impossible.
<p />The crux of Texas Attorney General Greg Abbott&#8217;s justice evidence has been that a usually districts stable underneath a Voting Rights Act are districts where, distinct Senate District 10, a singular minority group, by itself, controls outcomes in elections. In other words, in his view, Hispanic and African-American electorate usually get stable by a Voting Rights Act if they live in orderly tangible racial barrios of a form that are apropos some-more and some-more singular in a multi-ethnic Texas.
<p />Abbott&#8217;s evidence is a one-two energy grab. On a one hand, a state argues it can&#8217;t pull some-more African-American or Hispanic seats since a populations are too widespread out opposite a region. Then it argues that it can detonate a coalitions that minority groups conduct to forge since &#8220;coalitions&#8221; aren&#8217;t stable by voting rights laws.
<p />Accept his argument, and Texas would be giveaway to do what it did to Senate District 10 when it put a frame of a district where a race is some-more than 78 percent African-American and Latino into an Anglo-dominated district stretching past Waco. That area has been represented by Brian Birdwell, who championed argumentative refuge cities legislation and against payday lending reforms strongly upheld by Tarrant County minority leaders.
<p />With a Supreme Court clearly demure to commend any explain for extreme gerrymandering, one of a few protections that minority groups have is a Voting Rights Act.
<p />A sovereign row in Washington, D.C., that&#8217;s overseeing partial of a lawsuit over Texas&#8217; redistricting maps already has deserted Abbott&#8217;s explain that bloc districts aren&#8217;t stable from being discontinued underneath Section 5 of a Voting Rights Act.
<p /><span>The justice pronounced bloc districts are stable when minority groups act cohesively.</span>
<p />In a conference that finished with shutting arguments Tuesday, a D.C. justice listened testimony about how leaders from a African-American and Latino communities of Fort Worth came together to convince Davis to run and afterwards worked together to get her elected.
<p />Districts like Davis&#8217; might be comparatively singular for Texas today, though they&#8217;re a destiny of a state, during slightest if Abbott doesn&#8217;t get his way.
<p /><span class="tagline">Michael Li is a Dallas-based choosing law profession and maintains a Texas Redistricting blog, <a href="http://www.txredistricting.org" target="_new">www.txredistricting.org</a>.</span></p>
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		<title>Australian law organisation snaps adult RJW</title>
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		<pubDate>Tue, 31 Jan 2012 07:44:49 +0000</pubDate>
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		<description><![CDATA[January 30, 2012 10:36 pm By Jane Croft and Caroline Binham]]></description>
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<span class="time">January 30, 2012 10:36 pm</span></p>
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<span>By Jane Croft and Caroline Binham</span></p>
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		<title>Virginia justice rejects dual hurdles to Obama&#8217;s medical law</title>
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		<pubDate>Fri, 09 Sep 2011 00:58:55 +0000</pubDate>
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		<description><![CDATA[A sovereign appeals justice in Virginia deserted dual hurdles to President Obama&#8217;s medical law, observant a authorised brawl over either a supervision can need Americans to buy medical word should be put off for 3 years until a initial taxpayers are strike with a penalty. The preference injects a new component into a brewing election-year [...]]]></description>
			<content:encoded><![CDATA[<p>                    A sovereign appeals justice in Virginia deserted dual hurdles to President Obama&#8217;s medical law, observant a authorised brawl over either a supervision can need Americans to buy medical word should be put off for 3 years until a initial taxpayers are strike with a penalty.
<p>
The preference injects a new component into a brewing election-year justice showdown over Obama&#8217;s signature accomplishment. Though a Supreme Court is staid to take adult a emanate early subsequent year, a Virginia-based justice motionless that sovereign law forbids judges from statute on taxation hurdles until a taxation chastisement has been levied.</p>
</p>
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<p>									<span />Obama to Congress: Americans wish movement now on jobs</p>
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<p>									<span />Obama phenomenon $447-billion devise to jar economy</p>
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<p>									<span />Texas medical complement curse underneath Gov. Perry</p>
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<p>									<span />Healthcare costs rose while word coverage fell, studies show</p>
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<p>									<span />U.S. medical spending distant outpaces other countries</p>
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<p>									<span />Speech comes amid rising doubts about Obama&#8217;s leadership</p>
</li>
</ul>
<p>&#8220;This statute has a intensity to chuck a charge lawsuit for a large loop,&#8221; pronounced University of Richmond law highbrow Kevin C. Walsh, a former Supreme Court clerk to Justice Antonin Scalia. &#8220;It could check a statute on a merits.&#8221;
<p>
Obama administration lawyers have been assured that a high justice will eventually defend a law and order that Congress has extended energy to umpire a health word market. So far, however, a reduce courts have been split.</p>
<p>
In late June, a U.S. 6th Circuit Court of Appeals in Cincinnati inspected a law in a 2-1 decision. For their part, Republican state attorneys and regressive activists contend it is unconstitutional for Washington to force people to buy a private product, and they won a 2-1 statute from a U.S. 11th Circuit Court of Appeals in Atlanta final month.</p>
<p>
Walsh pronounced a Supreme Court was still expected to take adult a emanate in a subsequent year and afterwards confirm either to order on a inherent emanate or defer a preference until later.</p>
<p>
Both sides were awaiting a U.S. 4th Circuit Court of Appeals in Richmond to side with a administration. All 3 judges who listened a box were Democratic appointees, and dual were named by Obama. But a motive for their statute was new.</p>
<p>
Chief Judge Diana Gribbon Motz cited an aged though problematic law famous as a Anti-Injunction Act, that says judges might not confirm lawsuits severe a taxation before it has been collected. The Affordable Care Act sealed by Obama final year says that commencement in 2014, a Internal Revenue Service shall levy a $95 chastisement on a taxpayer who has a taxable income though does not say smallest word coverage. The penalty, that some have asserted is not a tax, rises to $325 in 2015 and $695 in 2016.</p>
<p>
Lawyers for Liberty University, a Christian propagandize in Lynchburg, Va., founded by a Rev. Jerry Falwell, filed fit on a day Obama sealed a check and pronounced a charge should be announced unconstitutional. But Judge Motz pronounced a law bars her and other judges from statute on this emanate before a taxation takes effect.</p>
<p>
&#8220;Because this fit constitutes a pre-enforcement movement seeking to curb a comment of a tax, a Anti-Injunction Act strips us of jurisdiction,&#8221; she wrote in Liberty University vs. Geithner. &#8220;A taxpayer can always compensate an assessment, find a reinstate directly from a IRS and afterwards move a reinstate movement in sovereign court,&#8221; she said. Judge James Wynn of North Carolina concluded with her, though also pronounced a charge was constitutional.</p>
<p>
The panel&#8217;s third member, Judge Andre Davis from Maryland, pronounced a chastisement was not a tax. However, he also pronounced a whole law was inherent since Congress has extended energy to umpire a widespread marketplace in health insurance.</p>
<p>
In a second decision, a appeals justice threw out a fit brought by Virginia Atty. Gen. Kenneth Cuccinelli. Last year, Cuccinelli won a initial statute distinguished down a law when U.S. District Judge Henry Hudson announced a particular charge rare and unconstitutional.</p>
<p>
But on Thursday, a 4th Circuit pronounced Cuccinelli had no station to sue and a decider had no basement for statute on his claim. The profession ubiquitous was not suing as a taxpayer though instead claimed to be fortifying a government of a state.</p>
<p>
Motz pronounced a &#8220;significance of a questions during emanate here&#8221; called for &#8220;waiting for an suitable box to strech a merits. This is not such a case.&#8221;</p>
<p>
So far, no appeals justice has ruled that states or state officials have station on their possess to sue over a medical mandate.</p>
<p>
Former U.S. Solicitor General Walter Dellinger pronounced a authorised anathema on allege suits opposite taxation assessments &#8220;raises a really critical doubt about this litigation. In fact, this is a remuneration that would be done by sovereign taxpayers on their taxation forms,&#8221; he said.</p>
<p>
<i>david.savage@latimes.com</i></p>
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		<title>New Immigration Law Set to Impact Legal Alabama Residents</title>
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		<title>Incubators Give Birth to Flocks of Solo Practitioners</title>
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		<pubDate>Wed, 07 Sep 2011 00:01:56 +0000</pubDate>
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		<description><![CDATA[Yogi Patel had a few years of knowledge underneath his belt during a law organisation and in a authorised dialect of a tiny construction company, though a thought of starting a solo use was still ­daunting. &#8220;I was meditative about a ­logistics,&#8221; he said. &#8220;Where would we set adult an office? Where would we find [...]]]></description>
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<p>Yogi Patel had a few years of knowledge underneath his belt during a law organisation and in a authorised dialect of a tiny construction company, though a thought of starting a solo use was still ­daunting.</p>
<p>&#8220;I was meditative about a ­logistics,&#8221; he said. &#8220;Where would we set adult an office? Where would we find my clients? Previously, when we was operative during my other employers, we never had to consider about that. Not carrying clients and handling a beyond were my biggest fears.&#8221;</p>
<p>Patel took a jump in Feb after receiving an interesting offer from a City University of New York (CUNY) School of Law, where he&#8217;d perceived his J.D. in 2006. The propagandize offering Patel a mark in a incubator — a module that helps new graduates settle solo practices while also enlivening giveaway or low-cost authorised services to underserved communities.</p>
<p>The propagandize offers low-cost bureau space in midtown Manhattan and staff support for adult to dual years to a name series of graduates aiming to settle themselves as solos or launch tiny firms. The module offers some-more than bureau space; participants have entrance to a vast network of gifted solo practitioners who duty as mentors, and they suffer an inner support network among their colleagues in a incubator, that helps to revoke a siege many solo practitioners experience.</p>
<p>&#8220;The setup lends itself to a ton of collaboration,&#8221; Patel said. &#8220;There are a lot of attorneys in a bureau with opposite levels of knowledge in opposite areas. We assistance any other. we have other attorneys review all that goes out of a office.&#8221;</p>
<p>CUNY&#8217;s module was a initial of a kind when it debuted in 2007, though now law schools around a nation have launched solo incubators, and some-more are on a way. The University of Missouri-Kansas City School of Law denounced a solo and small-firm incubator final fall, and a University of Maryland School of Law introduced a incubator in January.</p>
<p>The Charlotte School of Law skeleton to have a Small Practice Center adult and using subsequent summer. Faculty and administrators during Thomas Jefferson School of Law, Georgia State University College of Law and a University of Dayton School of Law are among those deliberation adding identical programs. It&#8217;s not usually law schools — a Columbus Bar Association in Ohio began a year-long incubator in Apr with 8 immature attorneys. That module creates use of bureau space and income donated by law firms and other authorised use providers.</p>
<p>&#8220;The economy had to tank and a lot of people had to turn impoverished for law schools to ask: &#8216;How can we assistance people hang out their shingle?&#8217; &#8221; pronounced Luz Herrera, a highbrow during Thomas Jefferson School of Law who hopes to settle an incubator module there. &#8220;I unequivocally consider this is a duty for law schools and bar associations, though it&#8217;s going to take awhile. I&#8217;m not certain many law schools unequivocally know how to do this yet.&#8221;</p>
<p>Certainly, some-more new graduates are opting to go solo, according to information from a National Association for Law Place­ment. Three percent of a law graduates in 2005 went into solo practice, compared with 5.7% of a category of 2010. That expansion directly correlated to timorous percentages of new graduates alighting jobs during vast firms.</p>
<p>&#8220;Looking down a line during a economy, we knew we would have some-more students looking during going solo, and we were looking for ways to creatively accommodate that need,&#8221; pronounced Dana Morris, partner vanguard for career growth during Maryland Law. &#8220;We positively did this in response to a economy.&#8221;</p>
<p>Fred Rooney, a executive of CUNY&#8217;s solo-focused Community Legal Resource Network and a pushing force behind a school&#8217;s incubator, has been roving a nation assembly with law propagandize administrators who wish to learn some-more about a program. Numerous law propagandize administrators have been entrance to New York to see a incubator first-hand. Rooney has also visited law schools in Europe, Central America and India to share his experience.</p>
<p>&#8220;Law schools all around a nation are unequivocally meddlesome in providing these services to their graduates,&#8221; he said. &#8220;At a time when pursuit opportunities are dismal, incubators offer a possibility to emanate jobs for new lawyers.&#8221;</p>
<p>CUNY has been providing technical support to other law schools in a form of handbooks, contracts and other startup documents. Establishing a successful solo incubator requires a poignant investment in staff and resources, Rooney said.</p>
<p>Student seductiveness might infer a plea as well, pronounced Carolyn Elefant, a solo practitioner in Washington who writes a solo-focused blog, Myshingle.com. Law schools are commencement to offer some-more resources for graduates who wish to start their possess firms, though students aren&#8217;t always penetrating to participate, she said. Elefant frequency sees a vast audience for a talks she gives during law schools about going solo.</p>
<p>&#8220;While we extol these programs, we also have to be honest that in my possess experience, we have not seen a outrageous tyro direct or seductiveness in solo and small-firm practice,&#8221; she said. &#8220;While it&#8217;s loyal that many career offices do not even discuss a solo option, that is changing — and yet, in my possess experience, I&#8217;ve seen tiny seductiveness by students.&#8221;</p>
<p>Herrera remarkable that many of a schools actively posterior incubators are not a many prestigious ones, as tangible by a <i>U.S. News  World Report</i>&#8216;s law schools ranking, partly since students during those schools have improved chances of alighting law organisation jobs. &#8220;Organizations like Harvard don&#8217;t even wish to worry putting their resources into something like this,&#8221; she said.</p>
<p>The few solo incubators that are adult and using occupy somewhat opposite models. Several have a transparent polite probity emphasis, while others are some-more business-oriented. They change in length from 6 months to as prolonged as dual years.</p>
<p>At CUNY, incubator participants do a poignant volume of what Rooney calls &#8220;low bono&#8221; work. They acquire $75 an hour for providing authorised illustration to underserved communities via New York, paid for by contracts with New York City. The work provides a new attorneys with knowledge and exposure, and provides illustration to people who differently could not means an attorney, Rooney said. Incubator attorneys take on their possess cases in further to a agreement work.</p>
<p>The University of Maryland&#8217;s solo incubator, that lasts between 6 and 10 months, also promotes polite justice. Participants work in an bureau opposite a travel from a law propagandize and support on grant-funded cases by Civil Justice Inc., a nonprofit law bureau that serves low-income clients. The 7 graduates who started in a module in 2011 had a possibility to acquire fees while operative on foreclosure impediment cases, Morris said.</p>
<p>&#8220;Our thought is to yield a car for students who are deliberation going solo or into small-firm practice,&#8221; Morris said. &#8220;There are certain skills we need to be a successful solo practitioner. We wish to learn them a unsentimental skills they don&#8217;t indispensably get in a classroom.&#8221;</p>
<p>The University of Missouri-Kansas City&#8217;s solo incubator runs out of dual adjacent storefront offices on a corner of campus, adjoining a low-income neighborhood. It has room for 8 attorneys, though is starting slowly, with 5 tenants. When a module is entirely ramped up, a propagandize will have late judges stagger by a bureau to offer as mentors to a participants, pronounced Dean Ellen Suni. The incubator is an tusk of a school&#8217;s entrepreneurial lawyering course, in that students rise business skeleton and attend a state bar&#8217;s annual solo and small-firm conference.</p>
<p>Stephanie Burton, who graduated from a law propagandize in December, never designed on going solo. But a former release officer and mom of 4 found no fitness in a pursuit market.</p>
<p>&#8220;I had dual choices,&#8221; she said. &#8220;I could lay in my residence and cry about it. Or we could lift myself adult by my bootstraps and start my possess practice. we was shocked about starting a firm, though it was compulsory in sequence to make a living.&#8221;</p>
<p>Burton was supposed into a law school&#8217;s solo incubator. She dusted off a 30-page business devise she had created for a entrepreneurial lawyering course, usually to have her dual reserved mentors slice it to patches as unrealistic. She practiced her expectations and business plan, grown a selling plan and now handles mostly trade and other metropolitan violations, nonetheless she hopes to take on rapist cases.</p>
<p>Her use isn&#8217;t quite remunerative yet, Burton said, though she hopes that will change as she establishes herself.</p>
<p>Patel, who works in CUNY&#8217;s incubator, is still perplexing to adjust to a financial doubt of being a solo practitioner. Jun and Jul were delayed months, with no new clients, and he began to worry about profitable a bills.</p>
<p>&#8220;I was positively freaking out,&#8221; he said. &#8220;Then all of a sudden, Aug was intensely busy. It&#8217;s unequivocally opposite from meaningful we have a solid paycheck each month.&#8221;</p>
<p>Patel, who wants to concentration on immigration law, is already plotting his subsequent pierce after his 18-month residency ends subsequent year. He and dual other attorneys in a incubator are examining starting their possess tiny firm, and are tracking their income and losses to establish either a thought is realistic.</p>
<p>&#8220;With a incubator, I&#8217;ve been means to concentration on substantiating a lane record rather than concentration too most on money,&#8221; he said. &#8220;I was a tiny fearful to take a jump on my own, though it unequivocally was a no-brainer after conference about a incubator.&#8221;</p>
<p><i>Karen Sloan can be contacted during ksloan@alm.com. </i></p>
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		<title>After 17 years, three-strikes law is still hotly debated</title>
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		<pubDate>Mon, 05 Sep 2011 22:47:33 +0000</pubDate>
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		<description><![CDATA[Scott Andrew Hove tucked a bobbin of welding handle and work gloves inside his waistband and headed for a Home Depot store&#8217;s exit though paying. As he done his approach out of a Lake Elsinore store, employees stopped Hove and found a stolen sell dark underneath his persperate shirt. &#8220;I was stupid,&#8221; a authorized welder [...]]]></description>
			<content:encoded><![CDATA[<p>											Scott Andrew Hove tucked a bobbin of welding handle and work gloves inside his waistband and headed for a Home Depot store&#8217;s exit though paying.
<p>
As he done his approach out of a Lake Elsinore store, employees stopped Hove and found a stolen sell dark underneath his persperate shirt.</p>
<p>&#8220;I was stupid,&#8221; a authorized welder told them.</p>
<p>
The equipment were value usually $20.94. But a thievery cost Hove, 45, a life jail judgment recently, when a Riverside County decider systematic him to spend 29 years to life behind bars underneath California&#8217;s three-strikes law.</p>
<p>
His judgment points to a authorised discuss that continues to fury 17 years after electorate authorized a law: either a tough sentences infrequently distant surpass a crimes. Unlike other three-strikes laws opposite a country, California treats any transgression as a third strike — even a pacifist offense such as sparse thievery or drug possession — as prolonged as an offender&#8217;s rapist story includes during slightest dual aroused or critical crimes, such as rape, spoliation or residential burglary.</p>
<p>
Riverside County prosecutors argued that Hove — who has a prolonged story of drugs and thefts, including philosophy for residential thievery — had valid himself &#8220;an incorrigible recidivist.&#8221; Court annals uncover he managed to equivocate a full weight of a three-strikes law during slightest 4 times before his latest theft. Among his offenses was a 1996 pile-up in that he exceedingly harmed someone while pushing underneath a change of methamphetamine.</p>
<p>
&#8220;He&#8217;s your prototypical print child for 3 strikes,&#8221; pronounced Riverside County Chief Deputy Dist. Atty. Guy Pittman. &#8220;How many times does multitude have to be victimized before we confirm to put someone away?&#8221;</p>
<p>
Hove&#8217;s attorney, Deputy Public Defender Jeff Zimel, resolved that his customer deserved some time behind bars though argued in probity that a judgment of 13 years in jail would be some-more appropriate. He pronounced that a life judgment was &#8220;excessive, vast and discordant to a suggestion of a three-strikes law.&#8221;</p>
<p>
Voters overwhelmingly authorized a three-strikes law in 1994 amid heightened open stress over crime. Supporters contend 3 strikes punishes offenders for what is mostly a lifetime of crime. The law, that imposes sentences of during slightest 25 years to life for a third strike, has put thousands of aroused criminals behind bars for prolonged stretches.</p>
<p>
But it has also constructed cases where critics contend a punishment was distant out of suit with a crime. Thousands of offenders have been condemned underneath a law for third strikes that engage drugs or thefts. Among them was a drug addict whose third strike concerned shoplifting 9 videotapes to sell for heroin.</p>
<p>
Today, many prosecutors are some-more resourceful about when they select to use a law&#8217;s full force, though Hove&#8217;s judgment illustrates that punishments still can change from county to county.</p>
<p>
In L.A. County, prosecutors follow a created process that generally seeks intensity life terms usually when an offender&#8217;s many new crime is aroused or serious. By contrast, a Riverside County district attorney&#8217;s bureau examines cases individually. For Hove, a bureau was once peaceful to find reduced sentences though has given run out of calm as his swat piece has grown longer.</p>
<p>
&#8220;This male has perceived a lot of grace,&#8221; pronounced Jennifer E. Walsh, a domestic scholarship highbrow during Azusa Pacific University and an consultant on 3 strikes. &#8220;We competence be looking during some-more cases like this down a line.&#8221;</p>
<p>
Hove&#8217;s box offers a demeanour during a argumentative choices that judges and prosecutors make when determining how to a request a law.</p>
<p>
Hove grew adult in Orange County, a youngest of 4 children. His father, an commanding figure who weighed some-more than 300 pounds, abused him physically and verbally, his family pronounced in probity records. At one point, a elder Hove choked his 16-year-old son until a child incited blue, Hove&#8217;s mom said.</p>
<p>
At school, Hove was diagnosed with a training incapacity and took remedy for courtesy deficit-hyperactivity disorder. He showed signs of impulsivity and regularly ran into trouble. He was prescribed Ritalin until he was about 12. His mom pronounced she believed her son began regulating drugs when he came off a medication.</p>
<p>
School authorities dangling a immature Hove several times for fighting, rule-breaking and drug possession. His initial detain occurred during 13, when he was sent to youthful gymnasium for shoplifting, drug use and hidden automobile tools and bicycles, according to a invulnerability psychologist&#8217;s report.</p>
<p>
Hove told authorities that his addictions to drugs, including moment heroin and methamphetamine, fueled his thefts. &#8220;I&#8217;m not a bad person,&#8221; he told a trial officer progressing this year. &#8220;I have a drug problem.&#8221;</p>
<p>
In 1991, Hove pennyless into an bureau and bedrooms during a Santa Ana hotel where he had been living. He took VCRs, an responding machine, a radio and other items. He pleaded guilty to 3 depends of residential thievery and was condemned to 5 years in prison.</p>
<p>
Once a three-strikes law took effect, any of Hove&#8217;s residential thievery philosophy counted as a &#8220;strike.&#8221; He now ran a risk of a probable life judgment if he committed another felony.</p>
<p>
But Hove&#8217;s crimes continued.</p>
<p>
In May 1996, Hove was pushing on a wrong side of a highway in Chino Hills when he struck a 65-year-old male carrying his grandson, according to an appellate probity opinion. The child was thrown to reserve though a pile-up left his grandfather in a vegetative state, a appeals probity said.</p>
<p>
Hove tested certain for methamphetamine. He pleaded guilty in San Bernardino County to pushing underneath a change of a tranquil piece and was condemned to 4 years in prison.</p>
<p>
Hove avoided another intensity life judgment in 2001 when he pleaded guilty to possessing pot for sale in Riverside County. In 2004, Riverside County prosecutors sought another reduced judgment when he was again charged with possessing drugs for sale.</p>
<p>
But when Hove returned to probity in 2008 charged with drug possession, Riverside County prosecutors motionless he deserved a three-strikes sentence, pronounced Pittman, a arch emissary district attorney. A judge, however, disagreed. Hove was condemned to dual years in prison. He was on release for that offense when he walked into a Lake Elsinore Home Depot in Nov 2009.</p>
<p>
Armed with Hove&#8217;s prolonged rapist record, prosecutors argued that Hove was a career rapist unqualified of reforming.</p>
<p>
&#8220;The suspect has already had adequate &#8216;breaks,&#8217; &#8221; Deputy Dist. Atty. Natalia Matusik wrote in probity papers.</p>
<p>
A invulnerability clergyman endorsed an heated residential drug diagnosis module rather than prison. He resolved that Hove&#8217;s crimes were directly connected to his drug abuse and that Hove used drugs to understanding with his untreated mental health problems.</p>
<p>
On Aug. 19, Riverside County Superior Court Judge Albert J. Wojcik deserted Hove&#8217;s final defence for tolerance during his sentencing.</p>
<p>
Hove&#8217;s mother, Nondus Hove, pronounced she has been perturbed by her son&#8217;s visit authorised troubles though believes his judgment is a miscarriage of justice.</p>
<p>
&#8220;To strike someone out for something like that, it&#8217;s ridiculous,&#8221; she said.</p>
<p>
<i>jack.leonard@latimes.com</i></p>
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