Tuesday, October 29, 2013
Attorney Charles Ware's Blog: COL.,HO. CO.,MD. : AVOIDING THE CRIM. CONVICTION "...
Attorney Charles Ware's Blog: COL.,HO. CO.,MD. : AVOIDING THE CRIM. CONVICTION "...: Charles Jerome Ware., P.A., Attorneys & Counselors, is headquartered in Columbia, Howard County, Maryland, and it is rated as "outs...
COL.,HO. CO.,MD. : AVOIDING THE CRIM. CONVICTION "DOMINO EFFECT"
Charles Jerome Ware., P.A., Attorneys & Counselors, is headquartered in Columbia, Howard County, Maryland, and it is rated as "outstanding" in the area of criminal defense. The firm's founder and managing partner is renowned , respected, and well-known to be "MENSA-smart"
when it comes to legal issues and problems. For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 720-6129, (410) 730-5016.
This law firm is quite adept at preventing and mitigating the " domino effect" of criminal convictions. If convicted, the issues affecting defendants do not end with sentencing. Far from it. The post-criminal conviction world in the United States presents complex challenges with consequences and ramifications which may be even more traumatic for the defendant than the actual conviction and sentence.
Long -term documented and undocumented immigrants, for example, may be torn from their families and deported from the country. Convicted sex offenders may face embarrassing and burdensome registration requirements, residence restrictions, supervised and unsupervised monitoring, and other supervision programs lasting well beyond the completion of the criminal sentence. And, despite all the difficulties facing a convicted felon attempting to re-enter society, the government exacerbates the problems for a defendant by seeking the remaining property of the convicted person.
At Charles Jerome Ware, P.A., we discuss with our clients all of these issues. We fight, you win.
when it comes to legal issues and problems. For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 720-6129, (410) 730-5016.
This law firm is quite adept at preventing and mitigating the " domino effect" of criminal convictions. If convicted, the issues affecting defendants do not end with sentencing. Far from it. The post-criminal conviction world in the United States presents complex challenges with consequences and ramifications which may be even more traumatic for the defendant than the actual conviction and sentence.
Long -term documented and undocumented immigrants, for example, may be torn from their families and deported from the country. Convicted sex offenders may face embarrassing and burdensome registration requirements, residence restrictions, supervised and unsupervised monitoring, and other supervision programs lasting well beyond the completion of the criminal sentence. And, despite all the difficulties facing a convicted felon attempting to re-enter society, the government exacerbates the problems for a defendant by seeking the remaining property of the convicted person.
At Charles Jerome Ware, P.A., we discuss with our clients all of these issues. We fight, you win.
Monday, October 28, 2013
Attorney Charles Ware's Blog: CHARLES J. WARE: AUTHOR & ATTORNEY FEATURED AT BOO...
Attorney Charles Ware's Blog: CHARLES J. WARE: AUTHOR & ATTORNEY FEATURED AT BOO...: www.charlesjeromeware.com Five (5) best-selling books of Author and Attorney Charles Jerome Ware were featured at the 2013 Southern Festi...
CHARLES J. WARE: AUTHOR & ATTORNEY FEATURED AT BOOK FESTIVAL
www.charlesjeromeware.com
Five (5) best-selling books of Author and Attorney Charles Jerome Ware were featured at the
2013 Southern Festival of Books in September 2013 [C-SPAN2 BOOKTV,September 20, 2013].
Five (5) best-selling books of Author and Attorney Charles Jerome Ware were featured at the
2013 Southern Festival of Books in September 2013 [C-SPAN2 BOOKTV,September 20, 2013].
Saturday, October 26, 2013
Attorney Charles Ware's Blog: MARYLAND & D.C. NURSING HOME ABUSE: MORE CAN BE DO...
Attorney Charles Ware's Blog: MARYLAND & D.C. NURSING HOME ABUSE: MORE CAN BE DO...: The national law firm of Charles Jerome Ware, P.A., Attorneys & Counselors, is respected and well-known to be a premier, award-winning, ...
MARYLAND & D.C. NURSING HOME ABUSE: MORE CAN BE DONE,www.charlesjeromeware.com
The national law firm of Charles Jerome Ware, P.A., Attorneys & Counselors, is respected and well-known to be a premier, award-winning, nursing home abuse and wrongful death law firm in the Maryland and Washington, D.C. metropolitan area. For an initial courtesy consultation , kindly contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
NURSING HOMES : MORE CAN BE DONE TO PROTECT RESIDENTS FROM ABUSE
More than 1.6 million Americans live in our nation's 17,000 nursing homes; most of them being
elderly, frail, and vulnerable individuals who are likely to live out the remainder of their lives there. This is a highly vulnerable population. These individuals typically require extensive help with daily living, such as getting dressed, feeding themselves, and bathing. Many require skilled nursing and/or rehabilitative care.
In recent years, reports of inadequate care, including malnutrition, dehydration, and other forms of neglect, have led to mounting scrutiny from Maryland state, D.C., and Federal authorities, which share responsibility for overseeing the these jurisdictions' nursing homes.
The quality of care in U.S. nursing homes has been a recurrent matter of public concern and policy attention for more than 30 years. A complex regulatory system of state licensing and federal certification is in place, but problems of poor quality, neglect and abuse of patients still appear to be endemic. That's where we --- the national law firm of Charles Jerome Ware, P.A.-- come into action. We are "here to make a difference" for our clients. We fight, you win.
[GAO-13-433T, GAO's 2013 High-Risk Update: Medicare and Medicaid, 02/27/2013; www.gao.gov/products/GAO-02-312; and see, Nursing Home Litigation: Investigation and case Preparation, 2005]
NURSING HOMES : MORE CAN BE DONE TO PROTECT RESIDENTS FROM ABUSE
More than 1.6 million Americans live in our nation's 17,000 nursing homes; most of them being
elderly, frail, and vulnerable individuals who are likely to live out the remainder of their lives there. This is a highly vulnerable population. These individuals typically require extensive help with daily living, such as getting dressed, feeding themselves, and bathing. Many require skilled nursing and/or rehabilitative care.
In recent years, reports of inadequate care, including malnutrition, dehydration, and other forms of neglect, have led to mounting scrutiny from Maryland state, D.C., and Federal authorities, which share responsibility for overseeing the these jurisdictions' nursing homes.
The quality of care in U.S. nursing homes has been a recurrent matter of public concern and policy attention for more than 30 years. A complex regulatory system of state licensing and federal certification is in place, but problems of poor quality, neglect and abuse of patients still appear to be endemic. That's where we --- the national law firm of Charles Jerome Ware, P.A.-- come into action. We are "here to make a difference" for our clients. We fight, you win.
[GAO-13-433T, GAO's 2013 High-Risk Update: Medicare and Medicaid, 02/27/2013; www.gao.gov/products/GAO-02-312; and see, Nursing Home Litigation: Investigation and case Preparation, 2005]
Friday, October 25, 2013
Attorney Charles Ware's Blog: FAMILY SURVIVAL OF WRONGFUL DEATH IN MARYLAND AND ...
Attorney Charles Ware's Blog: FAMILY SURVIVAL OF WRONGFUL DEATH IN MARYLAND AND ...: The national law firm of Charles Jerome Ware, P.A., Attorneys and Counselors, is renowned and acknowledged as one of Maryland and D.C.'s...
FAMILY SURVIVAL OF WRONGFUL DEATH IN MARYLAND AND D.C.,www.charlesjeromeware.com
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counselors, is renowned and acknowledged as one of Maryland and D.C.'s premier wrongful death firms. For an initial courtesy
consultation, you are encouraged to contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
When a person dies or is killed due to the negligence or misconduct of another person, including the act of murder, the surviving members of the victim's family may sue civilly for " wrongful death." Many, but certainly not all, wrongful death lawsuits follow in the wake of criminal trials, using similar evidence but with a lower standard of proof. The standard of proof for a civil lawsuit is proof by a preponderance of the evidence. The standard of proof for a criminal prosecution is proof beyond a reasonable doubt.
A lawsuit for wrongful death may only be brought by the personal representative of the deceased person's estate [ see, Osborne, Pers. Rep. for the Estate of Durand Ford, Sr., Et Al. vs. The District of Columbia, Civil Case No. 2013 CA 004488 B, D.C. Superior Court (2013)].
In Maryland the wrongful death claim is provided by Maryland statute, Md. Code Ann., Cts. & Jud. Proc., Title 3, Subtitle 9.
In D.C. wrongful death lawsuits are brought by the personal representative of the decedent's estate. The true parties are the surviving spouse and the next of kin. For more information, do not hesitate to give us a call. Losing a family member can be emotionally devastating. Let us help you survive the ordeal. We are "here to make a difference."
[http://injury.findlaw.com/torts-and-personal-injuries/wrongful-death-overview.html]
consultation, you are encouraged to contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
When a person dies or is killed due to the negligence or misconduct of another person, including the act of murder, the surviving members of the victim's family may sue civilly for " wrongful death." Many, but certainly not all, wrongful death lawsuits follow in the wake of criminal trials, using similar evidence but with a lower standard of proof. The standard of proof for a civil lawsuit is proof by a preponderance of the evidence. The standard of proof for a criminal prosecution is proof beyond a reasonable doubt.
A lawsuit for wrongful death may only be brought by the personal representative of the deceased person's estate [ see, Osborne, Pers. Rep. for the Estate of Durand Ford, Sr., Et Al. vs. The District of Columbia, Civil Case No. 2013 CA 004488 B, D.C. Superior Court (2013)].
In Maryland the wrongful death claim is provided by Maryland statute, Md. Code Ann., Cts. & Jud. Proc., Title 3, Subtitle 9.
In D.C. wrongful death lawsuits are brought by the personal representative of the decedent's estate. The true parties are the surviving spouse and the next of kin. For more information, do not hesitate to give us a call. Losing a family member can be emotionally devastating. Let us help you survive the ordeal. We are "here to make a difference."
[http://injury.findlaw.com/torts-and-personal-injuries/wrongful-death-overview.html]
Monday, October 21, 2013
LEADERSHIP HOWARD COUNTY, MARYLAND : CHARLES JEROME WARE (Founding 1986 Class)
www.charlesjeromeware.com
Best-selling author and renowned attorney Charles Jerome Ware is an original member
of the first class (1986) of Leadership Howard County.
Best-selling author and renowned attorney Charles Jerome Ware is an original member
of the first class (1986) of Leadership Howard County.
Saturday, October 19, 2013
Attorney Charles Ware's Blog: THE "ASYLUM LOOPHOLE" FOR UNDOCUMENTED ALIENS, www...
Attorney Charles Ware's Blog: THE "ASYLUM LOOPHOLE" FOR UNDOCUMENTED ALIENS, www...: Thursday, October 17th, 2013. www.charlesjeromeware.com MORE UNDOCUMENTED IMMIGRANTS ARE ASKING FOR ASYLUM. Increasingly --- particul...
THE "ASYLUM LOOPHOLE" FOR UNDOCUMENTED ALIENS, www.charlesjeromeware.com
Thursday, October 17th, 2013. www.charlesjeromeware.com
MORE UNDOCUMENTED IMMIGRANTS ARE ASKING FOR ASYLUM.
Increasingly --- particularly in the Southwest states of Texas, Arizona, California and Nevada ---
the trend is for detained undocumented immigrants to file for asylum with immigration authorities
when they are captured by the U.S. Border Patrol.
This " asylum loophole" trend was predicted and discussed in Chapter 9 ("Getting Asylum") of the best-selling immigration book, THE IMMIGRATION PARADOX : 15 Tips for Winning Immigration Cases, in 2009, by former immigration judge (IJ), author and attorney Charles Jerome Ware :
" ... Either way, whether ' affirmative' or ' defensive', an alien or immigrant may apply for Asylum regardless of his or her immigration status; in other words, whether they are in the United States lawfully or unlawfully ...."
MORE UNDOCUMENTED IMMIGRANTS ARE ASKING FOR ASYLUM.
Increasingly --- particularly in the Southwest states of Texas, Arizona, California and Nevada ---
the trend is for detained undocumented immigrants to file for asylum with immigration authorities
when they are captured by the U.S. Border Patrol.
This " asylum loophole" trend was predicted and discussed in Chapter 9 ("Getting Asylum") of the best-selling immigration book, THE IMMIGRATION PARADOX : 15 Tips for Winning Immigration Cases, in 2009, by former immigration judge (IJ), author and attorney Charles Jerome Ware :
" ... Either way, whether ' affirmative' or ' defensive', an alien or immigrant may apply for Asylum regardless of his or her immigration status; in other words, whether they are in the United States lawfully or unlawfully ...."
Thursday, October 17, 2013
Attorney Charles Ware's Blog: LEGAL REPRESENTATION FOR THE CELEBRITY CLIENT, www...
Attorney Charles Ware's Blog: LEGAL REPRESENTATION FOR THE CELEBRITY CLIENT, www...: www.charlesjeromeware.com Chapter 21: " Representing the Celebrity Client", from the best-selling book by renowned attorney an...
LEGAL REPRESENTATION FOR THE CELEBRITY CLIENT, www.charlesjeromeware.com
www.charlesjeromeware.com
Chapter 21: " Representing the Celebrity Client", from the best-selling book by renowned attorney and author, Charles Jerome Ware : UNDERSTANDING THE LAW: A PRIMER, http://amzn.com/1440111456.
"... When it comes to celebrities and the justice system, both civil and criminal, the differences
between the advantages of fame and the disadvantages of fame can be stark ... I have had the fortune and misfortune, pleasure and agony, opportunity and experience of representing several celebrities during my more than 30 years in the business ( including actors, icons, athletes, officials, et al.) ...
All of them have blessed me with wonderful legal challenges to deal with...."
One potential advantage of being a celebrity plaintiff or defendant is access to the media or press.
A so-called regular or ordinary person in an unspectacular case will usually not have the option of doing a favorable media interview, if allowed or permitted to do so by legal counsel, that could sway the jury.
There are disadvantages to being a celebrity plaintiff or defendant, as well. For example, celebrities never really escape the fact that they have a public image. This image can be easily tarnished.
All too often, repugnant false charges brought to extort money out of a celebrity may be more likely to be filed when similar charges have been previously filed against the celebrity.
Chapter 21: " Representing the Celebrity Client", from the best-selling book by renowned attorney and author, Charles Jerome Ware : UNDERSTANDING THE LAW: A PRIMER, http://amzn.com/1440111456.
"... When it comes to celebrities and the justice system, both civil and criminal, the differences
between the advantages of fame and the disadvantages of fame can be stark ... I have had the fortune and misfortune, pleasure and agony, opportunity and experience of representing several celebrities during my more than 30 years in the business ( including actors, icons, athletes, officials, et al.) ...
All of them have blessed me with wonderful legal challenges to deal with...."
One potential advantage of being a celebrity plaintiff or defendant is access to the media or press.
A so-called regular or ordinary person in an unspectacular case will usually not have the option of doing a favorable media interview, if allowed or permitted to do so by legal counsel, that could sway the jury.
There are disadvantages to being a celebrity plaintiff or defendant, as well. For example, celebrities never really escape the fact that they have a public image. This image can be easily tarnished.
All too often, repugnant false charges brought to extort money out of a celebrity may be more likely to be filed when similar charges have been previously filed against the celebrity.
Tuesday, October 15, 2013
Attorney Charles Ware's Blog: "THE ROLE OF THE LAW", FROM CHAP. 1 : UNDERSTANDIN...
Attorney Charles Ware's Blog: "THE ROLE OF THE LAW", FROM CHAP. 1 : UNDERSTANDIN...: The role of the law in each country varies slightly but the ultimate goal, I contend, is the same in every country ; and that is to avoid a...
"THE ROLE OF THE LAW", FROM CHAP. 1 : UNDERSTANDING THE LAW : A PRIMER, amzn.com/1440111456
The role of the law in each country varies slightly but the ultimate goal, I contend, is the same in every country ; and that is to avoid anarchy. When traveling abroad, remember the humor of the 5 nations:
1. In the USA everything that is not prohibited by law is permitted.
2. In Germany, everything that is not permitted by law is prohibited.
3. In Russia, everything is prohibited, even if permitted by law.
4.In France, everything is permitted, even if prohibited by law.
5. In Switzerland, everything that is not prohibited by law is obligatory.
[ www.charlesjeromeware.com]
Sunday, October 13, 2013
Attorney Charles Ware's Blog: D. C. " PUBLIC DUTY DOCTRINE ": A BRIEF BY ATTORN...
Attorney Charles Ware's Blog: D. C. " PUBLIC DUTY DOCTRINE ": A BRIEF BY ATTORN...: www.charlesjeromeware.com . Attorney Charles Jerome Ware is founder and senior partner of the national law firm of Charles Jerome Ware, P....
D. C. " PUBLIC DUTY DOCTRINE ": A BRIEF BY ATTORNEY CHARLES WARE
www.charlesjeromeware.com. Attorney Charles Jerome Ware is founder and senior partner of the national law firm of Charles Jerome Ware, P. A., Attorneys and Counselors. The firm is renowned and well-respected , and it is conveniently located in the Baltimore - Washington, D. C. area. For an initial courtesy consultation, contact us at (410) 730-5016 or (410) 720-6129, or www.charlesjeromeware.com. Charles Ware is also a best-selling author of several books.
Two recent (2013) civil cases shed current light on the issue of the District of Columbia's " public
duty doctrine": Christine Osborne, et al. vs. District of Columbia, C.A. No. 2013 CA 004488 B, Superior
Court of the District of Columbia [ Decided 09/23/2013], and Woods vs. District of Columbia, No.
11-CV-1011, D.C. Court of Appeals [ Decided 03/28/2013]. In both cases the D.C. public duty doctrine prevailed and the cases were dismissed.
PUBLIC DUTY DOCTRINE
In a nutshell, under the public duty doctrine, the " District [of Columbia] has no duty to provide public services to any particular citizen" unless there is a " special relationship" between the emergency personnel --- police officers, firefighters, and EMTs --- and an individual. Allison Gas
Turbine Division of General Motors Corporation v. District of Columbia, 642 A.2d 841, 843 ( D.C. 1994).
The " general duty owed to the public may become a specific duty owed to an individual if the [ emergency personnel] and the individual are in a special relationship different from that existing between [ emergency personnel] and citizens generally." Warren v. District of Columbia, 444 A.2d 1,
3,4 ( D.C. 1981) ( en banc). That determination is made by applying the now-familiar 2-part test,
which holds that a special relationship is formed where there is (1) "direct contact or some other form of privity between the victim and the [ emergency personnel] so that the victim becomes a reasonably foreseeable plaintiff" and (2) specific assurances of [emergency] services that create justifiable reliance by the victim." Id at 11; also see, Powell v. District of Columbia, 602 A. 2d 1123 (D.C. 1992); and, Klahr v. District of Columbia, 576 A. 2d. 718, 719 ( D.C. 1990).
Two recent (2013) civil cases shed current light on the issue of the District of Columbia's " public
duty doctrine": Christine Osborne, et al. vs. District of Columbia, C.A. No. 2013 CA 004488 B, Superior
Court of the District of Columbia [ Decided 09/23/2013], and Woods vs. District of Columbia, No.
11-CV-1011, D.C. Court of Appeals [ Decided 03/28/2013]. In both cases the D.C. public duty doctrine prevailed and the cases were dismissed.
PUBLIC DUTY DOCTRINE
In a nutshell, under the public duty doctrine, the " District [of Columbia] has no duty to provide public services to any particular citizen" unless there is a " special relationship" between the emergency personnel --- police officers, firefighters, and EMTs --- and an individual. Allison Gas
Turbine Division of General Motors Corporation v. District of Columbia, 642 A.2d 841, 843 ( D.C. 1994).
The " general duty owed to the public may become a specific duty owed to an individual if the [ emergency personnel] and the individual are in a special relationship different from that existing between [ emergency personnel] and citizens generally." Warren v. District of Columbia, 444 A.2d 1,
3,4 ( D.C. 1981) ( en banc). That determination is made by applying the now-familiar 2-part test,
which holds that a special relationship is formed where there is (1) "direct contact or some other form of privity between the victim and the [ emergency personnel] so that the victim becomes a reasonably foreseeable plaintiff" and (2) specific assurances of [emergency] services that create justifiable reliance by the victim." Id at 11; also see, Powell v. District of Columbia, 602 A. 2d 1123 (D.C. 1992); and, Klahr v. District of Columbia, 576 A. 2d. 718, 719 ( D.C. 1990).
Friday, October 11, 2013
BALTIMORE "STOP & FRISK" NOW CALLED "STOP": www.CharlesJeromeWare.com
The national law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, is headquartered conveniently in Columbia, Howard County, Maryland. For an initial courtesy consultation with this premier Maryland criminal defense firm, contact us at www.CharlesJeromeWare.com, (410) 720-6129, (410) 730-5016.
Similar to the New York Police Department's scandal, the Baltimore Police Department is having its own "stop and frisk" fiasco.
In an effort to diminish its controversy, Baltimore city police are doing away with use of the negative term "stop and frisk" and replacing it with the word "stop". However, Baltimore's "stop and frisk" program continues unabated.
"Stop and frisk", now "stop" or "investigative stop" in Baltimore, is a term used when police detain someone short of arrest and search them allegedly on "reasonable suspicion" that the person is armed and "presently dangerous". It is also known as a "Terry stop", referring to the 1968 U.S. Supreme Court decision, Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d889, that held that such searches were not a violation of the 4th Amendment.
[http://articles.baltimoresun.com/09-23-2013; www.the-atlanticcities.com/politics/09-2013; law.justia.com/constitution/us/amendment].
Similar to the New York Police Department's scandal, the Baltimore Police Department is having its own "stop and frisk" fiasco.
In an effort to diminish its controversy, Baltimore city police are doing away with use of the negative term "stop and frisk" and replacing it with the word "stop". However, Baltimore's "stop and frisk" program continues unabated.
"Stop and frisk", now "stop" or "investigative stop" in Baltimore, is a term used when police detain someone short of arrest and search them allegedly on "reasonable suspicion" that the person is armed and "presently dangerous". It is also known as a "Terry stop", referring to the 1968 U.S. Supreme Court decision, Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d889, that held that such searches were not a violation of the 4th Amendment.
[http://articles.baltimoresun.com/09-23-2013; www.the-atlanticcities.com/politics/09-2013; law.justia.com/constitution/us/amendment].
SECRETS TO WINNING YOUR IMMIGRATION CASE : www.charlesjeromeware.com
THE IMMIGRATION PARADOX : 15 TIPS FOR WINNING IMMIGRATION CASES.
http://amzn.com/1440171920. By former U. S. Immigration Judge Charles Jerome Ware.
www.charlesjeromeware.com
SECRETOS PARA GANAR SU CASO DE INMIGRACION : www.charlesjeromeware.com
QUINCE (15) CONSEJOS PARA GANAR CASOS DEL INMIGRACION.
Charles Ware es un ex Juez de Inmigracion de los Estados Unidos. En la actualidad es director de la firma nacional general de Charles Jerome Ware, Abogados y Consejeros.
Charles Ware es un ex Juez de Inmigracion de los Estados Unidos. En la actualidad es director de la firma nacional general de Charles Jerome Ware, Abogados y Consejeros.
GANAR SU CASO DE INMIGRACION : www.charlesjeromeware.com
QUINCE (15) CONSEJOS PARA GANAR CASOS DE INMIGRACION, http://amzn.com/1462068952 .
Charles Ware es un ex Juez de Inmigracion de los Estados Unidos. En la actualida es director de la firma nacional general de Charles Jerome Ware, Abogados y Consejeros.
Wednesday, October 9, 2013
A COMMA, A COMMA... MY KINGDOM FOR A COMMA : TAKING AIM AT " ARBITRARY PRINCIPLE ", www.charlesjeromeware.com
This review is presented by the national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors : www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
AMERICAN INTERNATIONAL GROUP, INC. (AIG) v. BANK OF AMERICA CORP.,
U. S. Court of Appeals for the Second Circuit, Docket No. 12-1640-cv, Decided April 19, 2012.
In his new book on contract drafting, word miser Kenneth Adams attacks the 2nd Circuit 's opinion in the abovereferenced AIG v. BOA case , in which the court essentially invokes the principle of writing construction that if in a sentence a series of nouns, noun phrases, or clauses is followed by a modifier and the modifier is preceded by a comma, the modifier applies to the series, not just the final element in the series.
In a nutshell, in his critique of the opinion Adams opines that the appeals court was " bamboozled by a comma".
Kenneth Adams argues the 2nd Circuit court got it wrong when it said a modifier phrase after a comma applied to the entire series of phrases before it : " ...as the opinion inadvertently demonstrates, that principle of construction [ used by the court in its opinion] has no foundation in English usage; as such, it should be rejected. The opinion also serves as a reminder that judges cannot be counted on to understand how ambiguity operates; courts should permit expert-witness testimony on ambiguity. " [ The Scribes Journal of Legal Writing (Forthcoming 2014), " Bamboozled by a Comma: The Second Circuit's Misdiagnosis of Ambiguity in American International Group, Inc. v. Bank of America Corp. ]
The 2nd Circuit used this example to demonstrate its point:
" This basketball team has a seven-foot center, a huge power forward, and two large guards, who do spectacular dunks," differs from the statement, " This basketball team has a seven-foot center, a huge power forward, and two large guards who do spectacular dunks." The first statement conveys that all four players do spectacular dunks. The latter statement conveys that only the guards do so."
Adams, however, says the relevance or irrelevance of the comma in the court's example can be shown by adding " both " after " who " in the first example and " all " after " who" in the second example. Says Adams : " In the first example, that would result in the modifier having a more narrow scope, despite the comma; in the second example, that would result in the modifier having a more broad
scope, despite absence of the comma. So the only conceivable basis for the court's explanation is expediency. But a principle of interpretation that has no basis in English usage is worse than useless --- it's a travesty." Adams asserts that the 2nd Circuit's grammar lesson " fell apart" when it relied on an " arbitrary principle".
[http://www.abajournal.com/news/article/10-9-2013; A Manual of Style for Contract Drafting, Kenneth A. Adams ( ABA 3d ed. 2013) ]
AMERICAN INTERNATIONAL GROUP, INC. (AIG) v. BANK OF AMERICA CORP.,
U. S. Court of Appeals for the Second Circuit, Docket No. 12-1640-cv, Decided April 19, 2012.
In his new book on contract drafting, word miser Kenneth Adams attacks the 2nd Circuit 's opinion in the abovereferenced AIG v. BOA case , in which the court essentially invokes the principle of writing construction that if in a sentence a series of nouns, noun phrases, or clauses is followed by a modifier and the modifier is preceded by a comma, the modifier applies to the series, not just the final element in the series.
In a nutshell, in his critique of the opinion Adams opines that the appeals court was " bamboozled by a comma".
Kenneth Adams argues the 2nd Circuit court got it wrong when it said a modifier phrase after a comma applied to the entire series of phrases before it : " ...as the opinion inadvertently demonstrates, that principle of construction [ used by the court in its opinion] has no foundation in English usage; as such, it should be rejected. The opinion also serves as a reminder that judges cannot be counted on to understand how ambiguity operates; courts should permit expert-witness testimony on ambiguity. " [ The Scribes Journal of Legal Writing (Forthcoming 2014), " Bamboozled by a Comma: The Second Circuit's Misdiagnosis of Ambiguity in American International Group, Inc. v. Bank of America Corp. ]
The 2nd Circuit used this example to demonstrate its point:
" This basketball team has a seven-foot center, a huge power forward, and two large guards, who do spectacular dunks," differs from the statement, " This basketball team has a seven-foot center, a huge power forward, and two large guards who do spectacular dunks." The first statement conveys that all four players do spectacular dunks. The latter statement conveys that only the guards do so."
Adams, however, says the relevance or irrelevance of the comma in the court's example can be shown by adding " both " after " who " in the first example and " all " after " who" in the second example. Says Adams : " In the first example, that would result in the modifier having a more narrow scope, despite the comma; in the second example, that would result in the modifier having a more broad
scope, despite absence of the comma. So the only conceivable basis for the court's explanation is expediency. But a principle of interpretation that has no basis in English usage is worse than useless --- it's a travesty." Adams asserts that the 2nd Circuit's grammar lesson " fell apart" when it relied on an " arbitrary principle".
[http://www.abajournal.com/news/article/10-9-2013; A Manual of Style for Contract Drafting, Kenneth A. Adams ( ABA 3d ed. 2013) ]
U.S. LEGAL HERITAGE & CRITICAL LEGAL THINKING, www.charlesjeromeware.com
For succinct insight into United States legal heritage and critical legal thinking, read the best-selling book, UNDERSTANDING THE LAW : A PRIMER, http://amzn.com/1440111456, by best-selling author and renowned attorney Charles Jerome Ware.
Tuesday, October 8, 2013
MD. FAMILY LAW UPDATE: MENTAL CAPABILITY REQUIRED FOR MARYLAND MARRIAGE, www.charlesjeromeware.com
This "reminder" is presented as a public service by the national law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors. This law firm is headquartered conveniently in Columbia, Howard County, Maryland. For a courtesy initial consultation, contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
Recently (on or about October 2nd, 2013) it was reported that a Winnebago County, Illinois judge
had dismissed a woman's petition to the court for an order allowing her to marry her boyfriend of 38 years who suffered from a severe brain injury during surgery on November 30, 2009. the court's reasoning was that the boyfriend lacked the requisite "capacity to consent" to the marriage because
of his severe brain injury.
The boyfriend, John Morris, lives under 24-hour nursing care at the home where he lives with the girlfriend, Colette Purifoy.
Illinois state law requires the "capacity to consent to marriage" by the two participants, and there is no provision in the law allowing a guardian to consent on behalf of a ward, the judge ruled; even
though the parties may have been previously engaged to marry, owned a home together, had combined their assets and had a child together.
The Winnebago County Clerk had refused to issue a marriage certificate for the couple, citing state law that requires each person to " sign the marriage application" and to " appear before the clerk ."
We believe under Maryland Family Law the ruling would have been similar in Maryland courts.
[http://www.abajournal.com/news/article/brain-injured_man_cant_marry_judge_rules/October 7, 2013].
Recently (on or about October 2nd, 2013) it was reported that a Winnebago County, Illinois judge
had dismissed a woman's petition to the court for an order allowing her to marry her boyfriend of 38 years who suffered from a severe brain injury during surgery on November 30, 2009. the court's reasoning was that the boyfriend lacked the requisite "capacity to consent" to the marriage because
of his severe brain injury.
The boyfriend, John Morris, lives under 24-hour nursing care at the home where he lives with the girlfriend, Colette Purifoy.
Illinois state law requires the "capacity to consent to marriage" by the two participants, and there is no provision in the law allowing a guardian to consent on behalf of a ward, the judge ruled; even
though the parties may have been previously engaged to marry, owned a home together, had combined their assets and had a child together.
The Winnebago County Clerk had refused to issue a marriage certificate for the couple, citing state law that requires each person to " sign the marriage application" and to " appear before the clerk ."
We believe under Maryland Family Law the ruling would have been similar in Maryland courts.
[http://www.abajournal.com/news/article/brain-injured_man_cant_marry_judge_rules/October 7, 2013].
MD. CRIMINAL LAW: DEFENDING THE MODERN MARYLAND DRUG CASE,www.charlesjeromeware.com
The national law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, is Maryland's premier drug case defense firm. The firm is conveniently headquartered in Columbia, Howard County, Maryland. For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
" If the zeal to eliminate drugs leads this state and nation to forsake its ancient heritage of constitutional history, then we will have suffered a far greater injury than drugs ever inflict upon us.
Drugs injure some of us. The loss of liberty injures us all." Cresswell v. State of Florida, 524 So. 2d 685.
Representing a defendant in a drug case here in Maryland or anywhere else in the United States is
different from just about any other kind of criminal case. For instance, it is particularly necessary
in a drug case for defense counsel to intercede and get involved as quickly as possible in defense of the client. It must be remembered that in a modern drug case the client and defense counsel must always be vigilant and make decisions quickly. This is not only risky, but each decision may be irrevocable.
Now, with the advent of countries, and not just a few individuals, getting involved with the manufacturing and distribution of unapproved new drugs, and the increase in new criminal
charges --- it is a whole new and modern world of drug enforcement.
The defense of these charges mandate a new perspective , a modern understanding, and new strategies for drug defense cases in Maryland and beyond.
One highly successful way we have defended our clients from accusations of drug possession,
manufacture, or distribution has been to make the case that there were no " affirmative links" to our clients and the drugs.
[ http://www.nacdl.org/LegalEducation.aspx; www.charlesjeromeware.com]
" If the zeal to eliminate drugs leads this state and nation to forsake its ancient heritage of constitutional history, then we will have suffered a far greater injury than drugs ever inflict upon us.
Drugs injure some of us. The loss of liberty injures us all." Cresswell v. State of Florida, 524 So. 2d 685.
Representing a defendant in a drug case here in Maryland or anywhere else in the United States is
different from just about any other kind of criminal case. For instance, it is particularly necessary
in a drug case for defense counsel to intercede and get involved as quickly as possible in defense of the client. It must be remembered that in a modern drug case the client and defense counsel must always be vigilant and make decisions quickly. This is not only risky, but each decision may be irrevocable.
Now, with the advent of countries, and not just a few individuals, getting involved with the manufacturing and distribution of unapproved new drugs, and the increase in new criminal
charges --- it is a whole new and modern world of drug enforcement.
The defense of these charges mandate a new perspective , a modern understanding, and new strategies for drug defense cases in Maryland and beyond.
One highly successful way we have defended our clients from accusations of drug possession,
manufacture, or distribution has been to make the case that there were no " affirmative links" to our clients and the drugs.
[ http://www.nacdl.org/LegalEducation.aspx; www.charlesjeromeware.com]
Saturday, October 5, 2013
MARYLAND MECHANIC'S LIENS---BARRY PROP. v. FICK BROS., 277 Md. 15 (1976): www.charlesjeromeware.com
www.charlesjeromeware.com. Maryland's Premier Mechanic's Lien Defense Law Firm.
The 1976 BARRY PROPERTIES, INC. case caused a monumental change of Maryland's mechanic's lien laws, and transformed the established Maryland mechanic's lien proceeding
to "enforce" a lien into a proceeding to establish a lien. The Barry case was also very helpful in providing
an historical account of the first Maryland mechanic's law enacted in 1791 at the urging of Thomas Jefferson and James Madison, who sought the law as a means to encourage rapid construction of Washington D.C. [ Barry Properties, Inc. v. Fick Bros. Roofing Co., 277 Md. 15, 353 A.2d. 222 ( 1976) ].
For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 730-5016,
(410) 720-6129.
The 1976 BARRY PROPERTIES, INC. case caused a monumental change of Maryland's mechanic's lien laws, and transformed the established Maryland mechanic's lien proceeding
to "enforce" a lien into a proceeding to establish a lien. The Barry case was also very helpful in providing
an historical account of the first Maryland mechanic's law enacted in 1791 at the urging of Thomas Jefferson and James Madison, who sought the law as a means to encourage rapid construction of Washington D.C. [ Barry Properties, Inc. v. Fick Bros. Roofing Co., 277 Md. 15, 353 A.2d. 222 ( 1976) ].
For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 730-5016,
(410) 720-6129.
KILLING MARYLAND MECHANIC'S LIENS: www.charlesjeromeware.com
www.charlesjeromeware.com. Maryland's Premier Defense Law Firm.
Charles Jerome Ware, P. A., Attorneys & Counsellors, is Maryland's premier mechanic's liens defense law firms. For an initial courtesy consultation, contact us at www.charlesjeromeware.com,
(410) 730-5016 , (410) 720-6129.
The " general purpose" of Maryland's mechanic's lien is asserted to be the protection of contractors, subcontractors and material men and women who are allegedly not in a position to protect themselves if the owner defaults on payment or pays the contractor without first ascertaining that other parties have been paid [ Dickerson Lumber Co., Inc. v. Herson, 230 Md. 487, 187 A. 2d 689 ( Md. 1963) ].
Charles Jerome Ware, P. A., Attorneys & Counsellors, is Maryland's premier mechanic's liens defense law firms. For an initial courtesy consultation, contact us at www.charlesjeromeware.com,
(410) 730-5016 , (410) 720-6129.
The " general purpose" of Maryland's mechanic's lien is asserted to be the protection of contractors, subcontractors and material men and women who are allegedly not in a position to protect themselves if the owner defaults on payment or pays the contractor without first ascertaining that other parties have been paid [ Dickerson Lumber Co., Inc. v. Herson, 230 Md. 487, 187 A. 2d 689 ( Md. 1963) ].
Friday, October 4, 2013
Attorney Charles Ware's Blog: "BLURRED LINES" BALTIMORE LEAD POISONING PROBLEM: ...
Attorney Charles Ware's Blog: "BLURRED LINES" BALTIMORE LEAD POISONING PROBLEM: ...: www.charlesjeromeware.com And see: " Politics of Lead Poisoning in Baltimore & D.C. : By Defense Attorney and BestSelling Author C...
"BLURRED LINES" BALTIMORE LEAD POISONING PROBLEM: DEFENSE COUNSEL VIEW,www.charlesjeromeware.com
www.charlesjeromeware.com
And see: " Politics of Lead Poisoning in Baltimore & D.C. : By Defense Attorney and BestSelling Author Charles Ware". http;//thelawyersmailbox.blogspot.com/2013/07/politics-of-lead-poisoning-in-Baltimore.html.
Baltimore, Maryland, like many other urban (predominantly East Coast) areas such as Washington, D.C., Philadelphia, New York and Boston --- and across the nation, has a major lead poisoning problem. In fact, this very unfortunate problem is so bad that it creates a public health crisis for Baltimore.
The " lines are becoming blurred ", however, between actual legitimate cases of lead poisoning and the inevitable desire by some to file questionable claims for profit. Further, several recent trends in the area of lead-based paint poisoning litigation are developing which should be of great concern to property owners in Baltimore City.
For an initial courtesy consultation, contact this leading lead poisoning defense law firm at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
And see: " Politics of Lead Poisoning in Baltimore & D.C. : By Defense Attorney and BestSelling Author Charles Ware". http;//thelawyersmailbox.blogspot.com/2013/07/politics-of-lead-poisoning-in-Baltimore.html.
Baltimore, Maryland, like many other urban (predominantly East Coast) areas such as Washington, D.C., Philadelphia, New York and Boston --- and across the nation, has a major lead poisoning problem. In fact, this very unfortunate problem is so bad that it creates a public health crisis for Baltimore.
The " lines are becoming blurred ", however, between actual legitimate cases of lead poisoning and the inevitable desire by some to file questionable claims for profit. Further, several recent trends in the area of lead-based paint poisoning litigation are developing which should be of great concern to property owners in Baltimore City.
For an initial courtesy consultation, contact this leading lead poisoning defense law firm at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
DEFENSE AGAINST MARYLAND MECHANIC'S LIENS: www.charlesjeromeware.com
www.charlesjeromeware.com
The Maryland law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, is a premier Maryland mechanic's lien defense law firm.
For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129. We are conveniently located in the Baltimore - Washington area, in Columbia, Howard County, Maryland.
FACTOID: The first mechanic's lien in Maryland was enacted in 1791 at the urging of Thomas Jefferson and James Madison who sought the law as a means to encourage the rapid building of Washington, D. C. [ See historical account in BARRY PROPERTIES, INC. v. FICK BROTHERS ROOFING COMPANY, 277 Md. 15, 353 A.2d. 22 (Md. 1976).
The Maryland law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, is a premier Maryland mechanic's lien defense law firm.
For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129. We are conveniently located in the Baltimore - Washington area, in Columbia, Howard County, Maryland.
FACTOID: The first mechanic's lien in Maryland was enacted in 1791 at the urging of Thomas Jefferson and James Madison who sought the law as a means to encourage the rapid building of Washington, D. C. [ See historical account in BARRY PROPERTIES, INC. v. FICK BROTHERS ROOFING COMPANY, 277 Md. 15, 353 A.2d. 22 (Md. 1976).
Tuesday, October 1, 2013
" Chapter 15: Contract Law for the Consumer ": www.charlesjeromeware.com
www.charlesjeromeware.com
LEGAL CONSUMER TIPS AND SECRETS : Avoiding Debtors' Prison in the United States,
by Charles Jerome Ware, Attorney ( Former Special Legal and Economic Counsel to the Chairman of the U. S. Federal Trade Commission. http://amzn.com/1462051847.
LEGAL CONSUMER TIPS AND SECRETS : Avoiding Debtors' Prison in the United States,
by Charles Jerome Ware, Attorney ( Former Special Legal and Economic Counsel to the Chairman of the U. S. Federal Trade Commission. http://amzn.com/1462051847.
Subscribe to:
Posts (Atom)