Monday, May 29, 2006

Objection!!!!!!!

On any given day you can watch the news and hear someone upset that the jury was not allowed to see all of the evidence, but if they had, the defendant would certainly have been convicted/aquitted. Evidence at trial is tricky business. It involves a complex set of rules all of which have exceptions. One thing the court does not allow is a witness to get up and tell us all what she heard others saying. This is because our constitution requires that the defendant be allowed to confront and cross examine the persons who have something to say about his being locked up. However there are over 20 exceptions to the hearsay rule. I like evidence. It is part of what makes trial work exciting because you have to be on your toes in order to launch your objection. You can't yell out "I OBJECT!" prior to the question being completed, but then again neither can you wait until the witness has answered in some situations. You have to think all the time and be prepared to explain the theory on which you base your objection. Though Robert Duval in A Civil Action says that when you have fallen asleep in court and wake up, the first thing you do is fire off an objection, I would advise against it. It maight wake up the judge.

Sunday, May 28, 2006

Essay Hell

So, this is Memorial Day weekend. I am doing a multitude of multiple choice questions and writing way too many essays. I am told this is the way to prepare for the Nevada bar...one of the most difficult in the country. I did the PMBR early bird six day lecture series. My iPod plays PMBR lectures all night as I sleep. I am a week in to Bar/Bri. I have to spend today writing several essays. The schedule given to us by Bar/Bri generously suggests taking tomorrow off. However, THAT cannot happen and get the work assigned done as well. I could skip it. But will that be just the thing that puts me under the line when the bar exam is graded. Can't take the risk. This is war. This is combat, this is ESSAY HELL!!!!!!!!!

Saturday, May 27, 2006

Passing the Bar

Chemerinsky

ERWIN CHEMERINSKI - DUKE LAW

It is a time tested rite of passage to take and pass a bar exam to actually be able to practice law. No matter that you just plunged yourself into six figure debt and endured professors who had as their goal to single handedly suck every last vestige of conservative thought from your brain. The courts of the land, read: good ol' boys, have maintained that it is no violation to require this abuse.

Interestingly, now that law school is over and class is done, the tassel on my mortorboard is still wagging and I find myself back in the classroom. This time, it is to learn to actually PASS the bar exam. Now, being of Irish decent, passing a bar is counterintuitive. Wait. Can I say that, or is it too insensitive to suggest the Irish like their drink? Those damned liberal profs!

It is no secret that a person undergoing bar prep has a single minded, one note song playing from now until the end of July. Rightzilla is no different. Wait, that is Rightzilla, J.D. now.

Erwin Chemerinski was in the classroom the past two days. I do not like his politics. But I own his book Constitutional law: Principles and Policies and enjoyed him. I have admired his intelect for years. He is a smar-T-pants with a capital T. Does the entire outline without notes and is unflappable. I felt I got my money's worth from those lectures, let me tell ya.

Chemerinski is a law professor a Duke. He is a premier brainiac on constitutional law. I was surprised, then, that he revealed he had recently represented a plaintiff in a Texas case wherein they were suing to force the removal of a 6 foot high, 3 foot wide monument from the Texas state house property because it violates the establishment clause of the First Amendment. It contains the Ten Commandments. You see, there are 22 other such monuments on the property with a variety of inscriptions and therefore, no endorsement of religion. Seems so straight forward that would be the case. It is like the bullying often done by the ACLU in such cases. Thank God, (no pun intended....uh....yes there was) they lost the case. To me, the only reason to even think that that case had more than an ice cube's chance in hell (note additional pun here) of prevailing was to find an activist judge who would ignore the full application of establishment clause law and just throw the monument out. I was disappointed by this. But I cannot deny his incredible knowledge and grace in presenting information.

You will tire of Rightzilla's bar prep. But no more than will Rightzilla.

Sunday, May 21, 2006

Graduation Time

Listen to a graduation address by Michelle M. at Hot Air!
http://hotair.com/archives/vent/2006/05/19/conservative-commencement/

Friday, April 28, 2006

I am back

Sorry to be gone so long. Much is going on in the world and I have had my head burried in law books. But Michelle Malkin has launched Hot Air and it is top shelf! It will be an important website as we continue to find ways to get conservative thought and news in front of people. Rightzilla loves it!

I am learning about such blog essentials as tagging etc. so that Rightzilla can emerge as a meaningful contributor to the conservative web culture. Be on the lookout for more as time goes on (and after the bar exam is done).



Wednesday, January 11, 2006

Giant Head of Ted Nearly Explodes!



It's a nice color on him. Purple. It contrasts well against the little half glasses he wears with the ear pieces straining not to break as they hug his corpulent head. He huffs and puffs and smoke emits from his ears. Those EARS. I've never seen ears like that. Those lobes are quite the flappers. And when Ted is in full flight, it is truly a beautiful thing. That is what we were privileged to see today at the Alito Hearings. It happened when Arlen grew some gonads and told Ted he was not in charge of the committee and was not going to be able to run it. I kept rubbing my eyes as I saw Ted morph into W.C. Fields and back again, over and over and over. His hands trembling because he had likely had to go more than an hour without a cocktail in them. Shaken, not stirred. Meanwhile, Alito sat calmly at his seat watching the whole process devolve into bickering amongst the elected elite.

Ted tried, but failed, to resurrect his issue regarding the Vanguard trial. He beat that dead horse until it was nothing but a puddle of Elmer's glue. Too bad that stuff was always non-toxic.

Ah yes. Then there was that CAP group that Ted and his ilk want to depict as some Neanderthal organization, one step away from hoods and crosses. But, once again they fall short. As each question regarding Alito's involvement is preceded by some lengthy description of human rights violations, Alito simply states he has not participated in any of the activities described by Ted. This gives Ted an opening at looking as though he may be on to something. But once those outside the hearings and with actual knowledge of the group begin to explain its purpose, this false advancement of the left vanishes as the big lie it is. These hearings are great recreation for those of us who are tired of the Ted's, the Harry's, the Dan Rathers and the Feinsteins of the world. More to come.

Tuesday, January 10, 2006

Alito too Smooth for the Dems


I spent time watching the Alito confirmation hearings today. I was not surprised by Kennedy's questions, which were more him making statements that were misleading with a question mark at the end. I also was not surprised by the stupified looks these guys had on their faces when Alito's answers left them no way to exclaim AH HA!!!!!!!! What surprised me was that the media decided that the reason the hearing went off without a fight today was that the Dem's just didn't have their game faces on. The truth of the matter is, Alito was too smart for their sophomoric antics. He gave good answers and therefore, the senators simply could not continue to try to get their answers where they did not exist. Alito has a brain. Kennedy has a pickled chunk of hardened grey matter floating in Gin. Shumer has an I-beam keeping his head from simply imploding in on itself. They had their game on, it is simply a substandard game. It is Podunk High v. The Yankees. I, for one, am not sure what about their own voices gives these guys such a charge, but Alito politely chewed them up and spit them out. He had the patience of a saint. I would have had to ask Teddy to pour another Beafeater's and pull his pants up. It will be interesting to see how things go in the coming days. In the end, we will have another member of the actual thinking public making the most critical legal decisions society comes up with. No married-to-the-ACLU Ginsburg. No Turncoat like Suter.

Thursday, December 29, 2005

To You From Rightzilla

I have been writing on the blog for about a week. It has been fun getting started and I hope to supply plenty of good reading to those who wander in. I encourage comments and hope that you will tell your friends about Rightzilla. My only caveat is that in comments, posters refrain from using profanity. Since I am the boss of the blog, I get to determine what that is.

We live in an interesting time. One where there are many Orwellian manifestations in the mainstream media. A sort of Bizarro world where the truth is replaced with a type of propaganda that aims at ripping at the fabric of moral society. We have situational ethics and moral relativism. There are no absolutes in today’s world.

But, as the fight for the conservative movement heats up, we will only be met by more of the very same manufactured truth from the Left. They seem to thrive on sidestepping the truth in order to lie, accuse, and misinform anyone who is willing to listen in order to get the power back. They would even see the destruction of our country to achieve their goal. Like selfish, bratty, screaming children. When Harry Reid does this, it is important for Nevada and the Nation to get the true back story. That is one of the goals of Rightzilla. To show the true Harry Reid, not the small town yuk he wants the world to think he is, but the ruthless hatchet man who hid behind Tom Daschle and is now right out there for all to see. A good recent example of this type of behavior is the article Death and Harry Reid.

Tuesday, December 27, 2005

Evolution Works!


Thank God for evolution. Well, I guess it wouldn’t be right to thank God for that, now would it. After all, it is preposterous to think a God would exist who would be smart enough to do in six days what random chaos could do in millions of years. It is much sexier to think that a bunch of pond scum mixed together like flour and eggs to make me. And now that we are all upright and walking, evolution will ensure the continuation of the strong while the weak are lost to time for their inability to adapt. We will only have the smartest, brightest, and purest in our societies. Sound familiar?

The problem with natural selection is that for it to truly be natural, thinking, reasoning beings cannot intervene. Whether it is intervening to protect spotted owls, or preserve unsophisticated tribal cultures. If one group develops beyond another and thus the less developed group is lost, shouldn’t we rejoice that evolution is working? Isn’t it true that the true beauty of evolution is the ultimate, utopian, pinnacle of life? Sort of like the perfect representation of evolution resulting in a being that has no flaws, is perfect, blameless, knows what to do about any situation. Seems to me, that is what God is. So we have a group that prefers to think God created us and a group that works toward being God, at least organically.

So what does the evolution score card look like? Are we getting close? We are living longer. But we are not getting along better. We are not pairing up in ways that produce healthier and healthier babies and families. As a matter of fact, much of what we do to live longer and lower the infant mortality rate has to do with a kind of band-aid evolution. We eat better as parents and therefore our babies are better off. It is not just the case where only strong people are having babies that survive, either. Sick babies are made better through artificial means as opposed to biological evolution. People are kept alive longer with drugs and hospital care, not a better body. Evolution does not include an element of free will. It is purely scientific and humans simply are not able to function like Spock of Star Trek fame. We are greedy and manipulative and self centered and mean. Certainly evolution should have made some headway on that front by now. But, just like the caveman who pulled his woman back into his cave by her hair, we are still beating our wives and kids, kicking the dog and murdering our neighbors. Maybe someone could just explain to me what I am missing. Because it seems to me, the further we get from God, the more we devolve.

Monday, December 26, 2005

Can We Continue to Make Headway?

It has been acknowledged that the mainstream media has had an uphill battle against the Right's radio dominance. It is also clear that bloggers have had an impact as well. However, has the surge by the Right gone to the heads of some of the very people who helped it happen?

1. Hannity.
Now, Hannity is just too "nice." He spends a lot of time making sure each of his guests knows he likes them and that they are great friends. Really. How can you like people who are systematically tearing apart this country? Start nailing these people instead of wasting segment time snuggling up to them. When you do finally get mad, don't just repeat what you have been saying for months, but directly challenge their points head on like a speeding train. I recall argument after argument that just fall by the wayside as a result of Hannity not being quick enough on his feet - not the least of which was the interview where he admits not hearing (was it Boxer, Feinstein or Pelosi?) state that people outside the metro area had no brains.


2. O'Reilly,
He does o.k. But he often argues with lawyers about the law without having his ducks in a row. He needs to understand that the law functions a certain way, right or wrong. He can't just say it shouldn't be a certain way and feel he has won when the law, as explained by legal experts, differs. Furthermore, turn off the mike on those who just give speeches instead of answer questions.

We certainly have the moral high ground, but we have to start calling it as we see it instead of placating the Left. There simply is no reason to pretend we think the Left is engaged in the discussion they so often claim we quash. Unless we say what they want to hear, they call foul. So, let's take off the gloves and start really dismantling the arguments of the Left.

Saturday, December 24, 2005

Death and Harry Reid


So, thanks to Harry Reid, the Patriot Act is dead. He killed it. He even said he did. Funny - an attorney who would admit to murder. You would think he would know better, you know, since he is a lawyer and all. Now he has back paddled so fast he looks a year younger. But he didn't start spouting about his rights against self-incrimination. He is that out of touch with reality. But then, I do feel sorry for the guy, given by his own claim he didn't even have an English class in that one room school/double for a chicken coop he had to attend. Poor guy whining about not having a silver spoon, which in his peanut brain seems to come with an Oxford dictionary, giving him a large disadvantage against the big boys. I bet he walked four miles uphill in snow to get to school each day, too. Any school with no English class must have a lot of snow and bad weather. Out there in the far reaches of Searchlight, I am not sure what language they speak. According to his own website he still lives there and is "guided by the lessons that he learned there." Golly. That is a bit scary given he has the job of addressing some pretty complicated stuff and never even had English in school! And to think he was partner in a law firm in Las Vegas!

Well, a closer read of the ol' web site reveals that he could be telling the truth about English in Searchlight. That is, if you realize he attended middle school and high school in Henderson Nevada. Perhaps he got caught up there. Here is where the story really takes off! On the generosity of others he was able to attend COLLEGE. Of Course, Homey didn't go to school in Nevada--- he went to Utah State. Now, I am not sure, but I do believe, even in the olden days of the 50's and 60's, UNR was open for business. As a matter of fact, a check of the University of Nevada Reno reveals that there were 2000 students attending there in 1958 in what would have been Harry's freshman year. Moreover, if this guy really had a hankering to see his home state be more than a rest spot for the mob, he would have attended UNLV for all they offered and then transferred on to a degree granting school. Next, this guy who is lucky he can read the funny papers went to George Washington University Law School in Washington D.C. In 2005 that school was ranked 9th. Pretty impressive. Private, too. I guess Mr. Entitlement learned his ways early on. Of course, who am I to even open my mouth? I had English in school from top to bottom and attended a much lower ranked, public law school - William S. Boyd at UNLV. Seems it would be kind of tough for him to criticize me though, given he would have to abandon his own arguments against the Goliaths he faces every day. But then, he commonly backs himself into corners. We'll keep our eyes peeled on old Harry.

Merry Christmas to all.....

.... and to all a good night.

Friday, December 23, 2005

Does Alan Colmes Really Think He Can Debate?


So. Though I rarely watch any Hannity and Colmes anymore, from time to time I find it on my TV. I am never used to the whining, unintelligent "neener neener neener" cadence to Combs' voice. I fully expect his red face and pursed lips to cave in to "MY DAD CAN BEAT UP YOUR DAD!" while projectile tears fly from his defeated eyes. He never has struck me as having a wit of knowledge which begs the question: Why did Fox get this former fix-it show idiot for a political format? I think the guy sniffed too much carpet glue or had one too many hammers fall on his head. He needs to go the way of Paul Begala. If they can put a man on the moon, surely there could be a bedwetting, liberal more suited for a point/counterpoint format. Oh. I do see the inherent problem. Merry Christmas to all and a Happy New Year! No Kwaanza on my watch. This is a holiday time for the Jews and the Christians. The rest of you can just buck up and put up with it in the spirit of acceptance and diversity!!!!! Hey! Does his nose look like Michaels?

Harry Reid -- the Mormon Wannabe


Living in Las Vegas, we certainly get our fill of Harry. He likes to pretend to be the good Mormon boy, but my sources tell me he is a wolf in sheep's clothing. Of course we all remember his being depicted in the great movie Casino. Worst of all, this guy is D-U-M-B Dumb. He tries to play on the Mormon population here, which is quite large. He acts like his modest "Searchlight" upbringing puts him outside the beltway. The truth is, he is a hick who makes us all ashamed when he opens his mouth. Frist and the rest should be chewing a hole in his britches.

Thursday, December 22, 2005

Come on Dubya!

It seems the MSM has been pecking away at W forever. It is about time he began to fight back. We need a little more Texas Justice and a little less politeness. Out here in the real world we are still waiting for Washington to act like winners, not namsy pamsy people pleasers. All that gets us is more political correctness and we lose ground acres at a time. Let's start employing a more Coulteresqe style in our party.

New York Strike Stinks

What I wish we could hear the talk show jack jaws tell New Yorkers who think unskilled workers are justified in requesting more and more money for jobs you can do in your sleep is that they arenridiculous! Tell them how each payday their check goes into the bank. No risk on their part. Just show up and get paid. Rely on the tax payers to pay more taxes to pay them more to take their subway token.