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mesniklaw ¡ 1 year ago
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3 Questions to Ask a San Diego Child Custody Lawyer Before Hiring
Filing a divorce can be best done by choosing the best divorce lawyer in San Diego. While processing the separation from your partner you are bound to call for legal custody decisions for your child. Sometimes child custody can cause a lot of stress to both parents equally. In such cases choosing an experienced and knowledgeable firm with experienced family lawyers in San Diego can be the best solution.
The times when you are thinking of terms of child custody at that very time your child custody lawyer will guide you on how child custody works in San Diego. Here are the 3 questions to ask a San Diego child custody lawyer before hiring. Know more about the same in this blog.
1. Experience In Child Custody
Understand that experience is one of the most important factors when you are willing to hire an attorney. Ask all the custody questions and answers to the child custody lawyer in advance as he is the one who will represent your child custody case in the court. If the lawyer is experienced and has seen various kinds of child custody cases then he may have a better idea about what exactly he can do to help you.
Every case of divorce is different and so is the emotion of the parties getting divorced. These cases are distinctive when it comes to parent’s willingness to cooperate in the custody procedures. An experienced child custody attorney can handle both contentious and noncontentious types of divorce-related child custody.
2. Detailed Explanation About Child Custody Case
Your attorney has to explain to you about the detailed procedure of child custody. He may be able to navigate you through the process of child custody and what can you expect in the proceedings. He should also be able to let you know about the realistic and unrealistic expectations and disputes involved in child custody as per your case.
He can also give you a tentative idea about how long it will take to reach the final hearing of your case.
3. Rates, Fee, And Retainer Requirements
We know that the quality of service and knowledge of the lawyer are the most important factors while hiring the lawyer but fees also matter. You should be able to understand the fee structure of the lawyer and if not comfortable you can ask and compare with other lawyers. Child custody is a lengthy process hence knowing about the fee and rates of your child custody lawyer are important. Make sure when you leave the lawyer’s office you should have a complete idea of the costs and other factors involved in hiring a child custody lawyer.
Usually, you might have to pay the retainer fees at the start of the services. The payment of the retainer services is to be discussed in detail. The retainer fee is the amount that is necessary to cover the expenses related to the case and the costs involved in preparing the case papers and court proceedings. It can also be clear between you and your lawyer to know how much you are willing to spend. Let your lawyer know about your financial situation and formulate a payment plan accordingly. It is an individual choice to decide how much you want to spend on a child custody choice based on your earnings.
Conclusion
Consulting a seasoned child custody lawyer in San Diego can be the best thing to do when considering filing for a divorce. At Mesnik Law you can find an experienced and knowledgeable group of attorneys for family law, divorce, child custody, and support. Also, find legal professionals who can best answer all 3 questions for you when hiring a child custody lawyer. The questions to ask the custody attorney and all the legal questions about family law can be answered by a reputed and knowledgeable family lawyer.
Choose a specialized law firm dealing with family law exclusively. Hiring the best can help serve your best interest.
Disclaimer- The information provided in this content is just for educational purposes and is written by a professional writer. Consult us to know more about tips on child custody in San Diego.
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mariacallous ¡ 2 years ago
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How Civic Action Works renews the tradition of inquiry into collective, social problem solving. Paul Lichterman follows grassroots activists, nonprofit organization staff, and community service volunteers in three coalitions and twelve organizations in Los Angeles as they campaign for affordable housing, develop new housing, or address homelessness. Lichterman shows that to understand how social advocates build their campaigns, craft claims, and choose goals, we need to move beyond well-established thinking about what is strategic.
Lichterman presents a pragmatist-inspired sociological framework that illuminates core tasks of social problem solving, both contentious and noncontentious, by grassroots and professional advocates alike. He reveals that advocates’ distinct styles of collective action produce different understandings of what is strategic, and generate different dilemmas for advocates because each style accommodates varying social and institutional pressures. We see, too, how patterns of interaction create a cultural filter that welcomes some claims about housing problems while subordinating or delegitimating others. These cultural patterns help solve conceptual and practical puzzles, such as why coalitions fragment when members agree on many things, and what makes advocacy campaigns separate housing from homelessness or affordability from environmental sustainability. Lichterman concludes by turning this action-centered framework toward improving dialogue between social advocates and researchers.
Using extensive ethnography enriched by archival evidence, How Civic Action Works explains how advocates meet the relational and rhetorical challenges of collective action.
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the-capricious-one ¡ 2 years ago
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It is christianity that asserts that it is an “improved” form of Judaism, a more sophisticated religion. This has little bearing on reality; it’s a self serving belief.
“Why didn’t the horrible stuff originate from Judaism?” still falls into this basic assumption; why should christianity be a better religious system, and not simply a different religious system?
The more I learn about judaism the more I wonder where tf christianity got all its bad shit. Why is divorce a sin in christianity when judaism has recognized the right to divorce for nearly a millennia and has codified religious laws for it. Why does christianity consider sex to be dirty (to the point where puritans considered it a sin to enjoy having sex with your own spouse) when in judaism it's considered holy and it's a literal mitzvah to have sex with your spouse on the sabbath. Why does christianity consider it a sign that you're faithless if you question your religion when in judaism that's considered an essential part to developing your faith. I'm probably stating the obvious here but I still can't get over the fact that there's no historical basis to any of this shit before christianity started, it's like christians just said "hey guys what if we took the torah and built a new religion around it but this time it was actively hostile to human life"
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tsultrimpawo ¡ 2 years ago
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Fear is not the Enemy There are many ways to meditate on fear. One is to wait until it appears adventitiously. Another is to invite it in—when we send out invitations we can be a little better prepared for who shows up at the party. Perhaps for both methods of approach the first thing to bear in mind is that fear is not the enemy—it is nature’s protector; it only becomes troublesome when it oversteps its bounds. In order to deal with fear we must take a fundamentally noncontentious attitude toward it, so it’s not held as a problem, but as a visitor. Once we take this attitude, we can begin to work with fear. - Amaro Bhikkhu, "Inviting Fear" (at New Haven Zen Center) https://www.instagram.com/p/CgEmcbLu7CE/?igshid=NGJjMDIxMWI=
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rainbowtwo ¡ 4 years ago
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On “Buddhism Without Beliefs”
‘Instead of being the noncontentious introduction to Buddhism that was initially conceived, “Buddhism without Beliefs” triggered what Time magazine, in its cover issue on Buddhism in America, called “a civil but ferociously felt argument” about whether it was necessary for Buddhists to believe in karma and rebirth. I had proposed in the book that one could hold an agnostic position on these points, i.e., keep an open mind without either affirming or denying them. Naively perhaps, I had not anticipated the furor that this suggestion would create.
The ensuing controversy showed that Buddhists could be as fervent and irrational in their views about karma and rebirth as Christians and Muslims could be in their convictions about the existence of God. For some Western converts, Buddhism became a substitute religion every bit as inflexible and intolerant as the religions they rejected before becoming Buddhists. I argued that Buddhism was not so much a creedal religion as a broad culture of awakening that, throughout its history, had shown a remarkable ability to adapt to changing conditions. For a while I hoped that “Buddhism without Beliefs” might stimulate more public debate and enquiry among Buddhists about these issues, but this dis not happen. Instead, it revealed a fault line in the nascent Western Buddhist community between traditionalists, for whom such doctrines are nonnegotiable truths, and liberals, like myself, who tend to see them more as contingent products of historical circumstance.
What is it that makes a person insist passionately on the existence of metaphysical realities that can be neither demonstrated nor refuted? I suppose some of it has to do with the fear of death, the terror that you and your loved ones will disappear and become nothing. But I suspect that for such people, the world as presented to their senses and reason appears intrinsically inadequate, incapable of explaining this fraught and brief life on earth. One assumes the existence of hidden forces that lie deep beneath the surface of the contingent and untrustworthy world of day-to-day experience. Many Buddhists would argue that to jettison belief in the law of karma - a scheme of moral bookkeeping mysteriously inhering within the structure of reality itself - would be tantamount to removing the foundations of ethics. Good acts would not be rewarded and evil deeds not punished. Theists have said exactly the same about the consequences of abandoning belief in God and the divine judgment.’
- Stephen Batchelor, Confession of a Buddhist Atheist.
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shesay ¡ 4 years ago
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Internet arguments r so pointless like I’m already extremely noncontentious like I don’t do arguments like even irl I truly believe that u can’t change ppls minds it doesn’t matter how right u r ppl will always disagree yk
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z-z-z-z-zen ¡ 5 years ago
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Fear is not the enemy—it is nature’s protector; it only becomes troublesome when it oversteps its bounds. In order to deal with fear we must take a fundamentally noncontentious attitude toward it, so it’s not held as “My big fear problem” but rather “Here is fear that has come to visit.” Once we take this attitude, we can begin to work with fear.
Amaro Bhikkhu, “Inviting Fear”
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eelhound ¡ 5 years ago
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"Above all, a materialistic society desires certainty — it seeks to guarantee it; passes laws to enforce it; wipes out the pathogens that threaten it; and lets everyone have guns to protect it. Even the seemingly innocuous habits of inking in plans and clinging to beliefs and opinions are the reverse-image of the uncertainties that the heart yearns to be certain about.
Yet, if we seek security in that which is inherently uncertain, dukkha, or discontent, is the inevitable result.
Fear is a discomfiting friend. The impulse is to get to a place of safety, but where in the phenomenal world — either mental or physical — could that be? The insight of the Buddha, informed by his own experiences of exploring fear and dread, encourages us to make a 180-degree turn. Whereas the instinct is to shrink away from the threatening aspects of life, his injunction for those who wish to free the heart is to contemplate frequently the following:
'I am of the nature to age, I have not gone beyond aging;
I am of the nature to sicken, I have not gone beyond sickness;
I am of the nature to die, I have not gone beyond dying;
All that is mine, beloved and pleasing, will become otherwise, will become separated from me.'
For that which is threatening to the ego is liberating for the heart. By turning to face the inarguable facts of nature, the habit of investing in unstable realms is interrupted... In order to deal with fear we must take a fundamentally noncontentious attitude toward it, so it’s not held as 'My big fear problem' but rather 'Here is fear that has come to visit.' Once we take this attitude, we can begin to work with fear."
- Amaro Bhikkhu, from "Inviting Fear"
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rdnewhaven ¡ 2 years ago
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Fear is not the Enemy There are many ways to meditate on fear. One is to wait until it appears adventitiously. Another is to invite it in—when we send out invitations we can be a little better prepared for who shows up at the party. Perhaps for both methods of approach the first thing to bear in mind is that fear is not the enemy—it is nature’s protector; it only becomes troublesome when it oversteps its bounds. In order to deal with fear we must take a fundamentally noncontentious attitude toward it, so it’s not held as a problem, but as a visitor. Once we take this attitude, we can begin to work with fear. - Amaro Bhikkhu, "Inviting Fear" (at New Haven Zen Center) https://www.instagram.com/p/CgEmjCZAzDp/?igshid=NGJjMDIxMWI=
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yasbxxgie ¡ 5 years ago
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The Black Book
My favorite writer of all time is Toni Morrison, which prematurely reveals much about where I stand on the major issues of modern black literature. When literary tastemaker Oprah Winfrey canonized Morrison’s Paradise in her book club years ago, I was intensely dismayed by the readers’ televised difficulty with the text. I shook my head with elitist disdain at the dumbing down of America. When it comes to black writers of the Now, I snobbishly fall out on the side of Edwidge Danticat, Colson Whitehead, and Zadie Smith rather than the intentionally less challenging, more populist E. Lynn Harris (the largest-selling black male author ever? How the fuck did that happen?), Omar Tyree, and Eric Jerome Dickey. However, success stories on both sides of my aristocratic dividing line have led to the book industry publishing more work from African American authors than ever before, as well as the recent establishment of several black-targeted imprints by major publishers.
Emblematic of the current attention raining down on African American letters, the black literary world came together at two separate events a few weekends ago: the second annual Black Writers’ Retreat, held at the Betty Shabazz Wholistic Retreat Center in upstate New York, and the third annual Harlem Book Fair and Uptown Arts Festival on 135th Street. The Black Writers’ Retreat, founded by Third World Press publisher Haki R. Madhubuti, hosted 70 writers at varied stages of their craft, honing skills in workshops led by Sonia Sanchez, Amiri Baraka, and others over a four-day weekend. The Harlem Book Fair featured panel discussions with writers like Nelson George and Colin Channer, as well as readings and expo-style booths. But the conversations and issues raised at both events were similar: Whom do black authors write for, and who should our audience be? Will the imprints of the major houses—newly geared up to reach a broad black readership—release mediocre work and ghettoize the literary marketplace, or will they prove a boon for black voices?
DAY ONE OF THE BLACK WRITERS’ RETREAT: Otisville, New York. Sixty women and 10 men—an assortment of writers from all over the country, both seasoned and aspiring—sit assembled in the ranch house conference center, surrounded by five acres of plush green land, at this opening session of the retreat. As per tradition, the eldest writer present is asked permission to commence an African libation ceremony, honoring the spirits of inspirational writers past as well as ancestors on the whole. Water is spilled; names are called out from every corner of the rambler. Zora Neale Hurston. James Baldwin. Jean Toomer. Ralph Ellison. Gwendolyn Brooks. Richard Wright. A prayer is sent up for poet June Jordan, suffering from breast cancer. The ritual is intended to place writers in a higher, literary mindset rather than focusing on the capitalistic angle (i.e., what it takes to sell a book).
“You have major publishers which are primarily owned by multinational corporations starting black imprints,” Madhubuti says in his opening address, referring to specialized presses like Strivers Row, Amistad, Harlem Moon, and Dafina Books (which are part of Villard/Random House, HarperCollins, Random House, and Kensington, respectively). “I think there are about seven now. And these publishing companies have brought in black editors and put some serious money around trying to capture that market. So when you begin to look at what they’re doing and the type of material that they’re publishing, there does seem to be some promise in terms of at least having the resources to publish writers in many different genres.”
Though black fiction stands at a promising juncture—writers are being granted the previously unavailable opportunity to realize mainstream potential, offering readers access to a wider variety of talent—the nationalistic faction of the black literati has cause to remain wary of “multinational corporations.” (Madhubuti’s own Third World Press, founded in 1967, is a political and cultural house publishing in many genres—fiction, nonfiction, spiritual—and has provided an inspirational model for the likes of Moore Black Press, Black Classic Press, Africa World Press, and Just Us Press.) Strivers Row has already kicked up a bit of controversy; ads for three new titles—placed in mags like Good Housekeeping and Family Circle—are sponsored by and double as a plug for Pine-Sol cleaner, sparking fears that these imprints will further ghettoize black fiction. A recent article in The New York Times cited contemptuous comments from authors Terry McMillan (“What does Pine-Sol have to do with books? It is really insulting. It is sad. Once again we are back where we started”) and Jill Nelson (“These ads are insulting and condescending. It’s racist, and I bet you it’s bad marketing”).
“Every other form of popular culture in this country uses some form of underwriting,” counters Nelson George, veteran music journalist and author of contemporary relationship novels like Seduced and One Woman Short. “Cross-marketing is the norm in TV, film, music. So why would books be sacrosanct? I think it’s inevitable. The next John Grisham novel may be sponsored by Lexus, and definitely I know Tom Clancy would get a big deal! The U.S. Army would be happy to underwrite his shit. It’s fascinating. All the controversy is about a black title, but the effect of this deal will affect the entire publishing industry, if it works.”
Contrary arguments notwithstanding, it still seems unlikely that a title by a new black author—Rails Under My Back, by Jeffery Renard Allen, for example—will be taken as seriously when used to hawk household cleanser. Literary agent Anna Ghosh detects an implicit differentiation between populist fiction and literary fiction where these imprints are concerned. “I think the way some of these imprints are publishing popular African American fiction is kind of like how they think about genre fiction—and literary fiction is always different: Each book is unique,” she says. “But I think an incredible number of new novels are being published every year, and many of them disappear without anybody taking any note at all. In some ways, African American writers have an advantage because they’ll stand out. It’s not yet another novel set in rural Iowa about whatever, so they can get a certain kind of attention, and there’s an audience that will find it.” This audience is confirmed by a glance at the bestseller list: E. Lynn Harris’s Anyway the Wind Blows is at No. 2, Lalita Tamedy’s Cane River‘s at No. 3, Alice Randall’s controversial The Wind Done Gone is at No. 9, and Eric Jerome Dickey’s Between Lovers is at No. 16.
DAY TWO, 1:30 P.M.: Radiant, almond-complected poet Sonia Sanchez jokes amiably with her old friend, the notoriously cantankerous author Imamu Amiri Baraka, both resilient elders of the 1960s Black Arts Movement. During the third session of the day, Sister Sanchez teases Brother Baraka about his conservative “buddies,” Supreme Court Justice Clarence Thomas and conservative critic Stanley Crouch, before pontificating on the state of black literature. Amid factionalism about highbrow literature versus populist, Terry McMillan trickle-down writing, Sister Sanchez takes a wider view. “Black literature is alive, and it’s singing, my brother. It depends on what song you want to hear, OK? There’s a song of tradition, there’s a song of what I call great writing, there’s a song of fun, there’s a song of romance and adventure. I’d say, support ’em all. And don’t take an attitude, but know that you must always support that song that says great tradition, great history, great herstory, great literature. There’s enough room for all kinds of literature to advance and be listened to, and be bought and read.”
DAY THREE, NOON: After a night of jovial bedlam, filled with African storytelling from the elders (tales of director Bill Duke’s hoodlum screenplay, Brother Baraka’s near-confrontation with Ralph Ellison over a book critique), every last one worth the retreat’s $450 registration fee, tensions begin to surface during a fiction-workshop session on Saturday, the last full day of the retreat. One or two of the more seasoned writers grow frustrated, as more basic advice is disseminated to the novices, cutting into time intended to demonstrate and apply techniques. Baraka heads a session that leads into lunchtime, discussing the mainstream-versus-literary-fiction issue with a more nationalistic perspective.
“They wanna push a literature and an art that’s noncontentious, that’s actually a soporific—that puts you to sleep, that makes you content with things rather than trying to find out how to transform them,” he says. “That’s something that’s been proposed by the people who rule this society. They don’t want you to think. If you start thinking, you would know that they need a better society than this one.”
Walking across the grassy expanse to the dining room, the bespectacled Baraka expounds further. “The whole intellectual life of America is suffocating. Now that the big publishers, such as there are remaining in the United States, found that black people can read, they’re publishing a whole mountain-load of essentially mediocre, useless kind of materials. I think it just goes back to the need for black and progressive writers to begin to create their own kinds of journals. Black people live in 27 different cities in this country: How do we produce the kind of journals where we can publish a maximum of people, have a maximum discussion, and get a maximum of new writers emerging? Until we begin to publish our own journals that are independent from big money, do our own publishing independent of big money, we are always gonna be stifled in terms of our development.”
More harmony exists on the subject of the black-targeted imprints sprouting from the major publishers: They ain’t likely to last in the long run. “Many of these black authors, writers who are being published today, they’re not going to be around long,” Madhubuti declares on the last day of his retreat. “You read the books and you’re not led to much of anything. At some point, it becomes the same ol’ same ol’. Now obviously, there’s gonna be junk in everything. But it’s not my responsibility to put the junk out. That’s not gonna happen at Third World Press. I think that with these seven imprints, they’re going to erase each other. If you go the next five years, we won’t be having this conversation because they won’t exist.”
Nelson George agrees in essence. “I’m sure there’ll be fallout. There’s fallout in every genre: hip-hop labels go, dotcom companies go. Not all of these things will make it. But all you need is one or two good editors to find one or two flagship artists. The opportunities that are being created by these imprints are unprecedented. If the imprints all are closed down in five years and they’ve spawned three good writers who’ll have a constituency and continue going on, then they’ll have served their purpose.”
Photograph:
The growing popularity of black books is evident on bestseller lists and at the 2001 Harlem Book Fair
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sphynxtee ¡ 4 years ago
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maxwellyjordan ¡ 6 years ago
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Empirical SCOTUS: Breadcrumbs in a new term
On November 6, the Supreme Court released its first signed majority opinion of the term, written by Justice Ruth Bader Ginsburg. This is Ginsburg’s third consecutive term as author of the court’s first signed majority opinion. In a concise unanimous decision (8-0 because Justice Brett Kavanaugh did not participate), the court in Mount Lemmon Fire District v. Guido held that coverage under the Age Discrimination in Employment Act protects government employees in organizations of all sizes. With this noncontentious decision, the public has yet to experience the hyper-ideological court expected by many. In various respects, however, this is exactly what might have been predicted early in the court’s new term with Kavanaugh on the bench.
Although we very well may see decisions pitting the court’s conservatives against the liberals, the vast majority of the cases currently on the court’s merits docket are unlikely to split the justices in this manner. That is not to say that the justices will not grant additional cases with greater ideological dimensions (such as this one, perhaps), as there are still a number of argument slots left to fill before the end of the court’s argument calendar in April.
Some generalities
Since 1980, the most common month for the justices’ release of their first opinions has been November. This is not the only month of first releases, however. As the chart below shows, over this period the court has released its first opinions several times in December and twice in October. The justices have also released between one and four signed majority opinions on the first release days across these years.
Click chart to enlarge.
This term the justices took just about the average amount of time from oral argument to the first signed opinion, at 36 days.
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The average time across this period was 35.5 days. Since 1980, the justices have taken as many as 63 days and as few as 10 days to release their first opinion.
Consensus and speed
What we have seen is in keeping with the court’s pattern for the beginning of its recent terms. One common aspect is early consensus among the justices. When we look at the court’s early-term decisions from 1980 through the present, there is much greater consensus in opinions the court released on the first day of decisions than in opinions released on subsequent days.
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Over this nearly four-decade period the court averaged almost 30 percent more unanimity in opinions on day one of releases as compared to the next set of opinion releases.
At the start of terms, some justices have been more successful at generating consensus (or in choosing less contentious decisions to author) than others. Since 1980, six justices have only written unanimous opinions on the first day opinions were released in a term, while several justices, including Justice Anthony Kennedy and Chief Justice John Roberts, averaged at least a couple or more dissenting votes when they authored opinions on the first day opinions were released in a term.
Click graph to enlarge.
The graph on the left subtracts the number of minority votes from the number of justices in the majority. The graph on the right looks at the number of majority opinions justices have authored on the first day of opinion releases by term since 1980.
When looking at the opinions released early in the term subsequent to the first release day, the level of consensus among the justices tends to decrease as more justices are involved in majority-opinion authorship and as the justices tackle more complex and divisive issues.
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Many of the justices on this graph wrote more than one early-term opinion. Of the four justices who authored the most such opinions, Justice Antonin Scalia had the largest average majority size, with a majority to minority difference of over eight. Next was Justice Sandra Day O’Connor, averaging a difference of over seven. The last two were Justice Ruth Bader Ginsburg, at an average difference of just over 6.5, and Chief Justice William Rehnquist, with an average size difference of just under six.
As might be apparent from the previous graphs, the two longest-serving female members of the Supreme Court have also been the court’s most prolific authors for the first day of opinion releases in a term. The next graph shows total majority opinions released on the first day of signed opinions for the term since Ginsburg joined the court in 1993.
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Since 1993, O’Connor and Ginsburg far exceeded any of their male counterparts, as they combined for 17 opinions on the first day of releases. In fact, the output from the five male justices who authored the most first day majority opinions since 1993 does not equal the output from Ginsburg and O’Connor alone.
Curt opinions and trends
Along with – and likely related to — the high degree of consensus, the opinions the justices release on their first release day of the term tend to be short and to the point. With often no dissents in these decisions, the majority authors do not have to combat as many counterarguments to defend their positions. The average word length of first-release-day opinions is shown below.
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This year’s Mount Lemmon opinion at 1,673 words was near the minimum average word length for this period, which was set in 1995 with 1,557 words (an average of the two majority opinions released on that day). The shortest first-day signed majority opinion over this period was the court’s 2005 decision in United States v. Olson. However, when averaged with the lengthier opinion in IBP v. Alvarez, which was released on the same day, the 2005 first-day average far exceeds the minimum word count for this period.
Even with Ginsburg’s short first opinions over the past few years, since 1990 she averages longer first-release-day opinions than most of the other justices.
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Justice John Paul Stevens is the only justice who averaged longer first-release-day opinions than Ginsburg. Justice Stephen Breyer’s first-release-day majority opinions are over 2,000 words shorter on average than Ginsburg’s. Since 1980, the court has reviewed decisions from a variety of courts with its opinions in its first day of releases. Still, according to data from the Supreme Court Database, the court reviews more decisions from the oft-newsworthy U.S. Court of Appeals for the 9th Circuit on these days than from other lower courts.
Click graph to enlarge.
Although the court typically overturns many more decisions than it upholds, the court has high affirmance rates in its first-release-day decisions when dealing with several circuits, including the U.S. Courts of Appeals for the 1st, 2nd, 3rd and 8th Circuits. Not only has the court decided more cases from the 9th Circuit than from any other circuit on its first decision days since 1980, but the court overturned three times as many of these decisions as it upheld. This is an even greater overturn rate for 9th Circuit decisions than is the norm throughout the Supreme Court’s terms.
The only sure things in life may be death and taxes, but first-release-day opinions from Ginsburg come in a close third. Still, the first month or so of the term has not provided a great deal information about the new court composition with Kavanaugh replacing Kennedy, especially because Kavanaugh has yet to author an opinion or actively participate in a dissent from any of the court’s orders. We can expect to get a greater sense of the newly situated court in the coming weeks as more decisions are sure to be released. If the court this term continues the extremely slow pace of releasing opinions it set last term, however, we may not get a much improved sense of newly formed justice coalitions and voting alignments for several months to come.
This post was originally published at Empirical SCOTUS.
The post Empirical SCOTUS: Breadcrumbs in a new term appeared first on SCOTUSblog.
from Law http://www.scotusblog.com/2018/11/empirical-scotus-breadcrumbs-in-a-new-term/ via http://www.rssmix.com/
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tsultrimpawo ¡ 3 years ago
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Fear is not the Enemy There are many ways to meditate on fear. One is to wait until it appears adventitiously. Another is to invite it in—when we send out invitations we can be a little better prepared for who shows up at the party. Perhaps for both methods of approach the first thing to bear in mind is that fear is not the enemy—it is nature’s protector; it only becomes troublesome when it oversteps its bounds. In order to deal with fear we must take a fundamentally noncontentious attitude toward it, so it’s not held as a problem, but as a visitor. Once we take this attitude, we can begin to work with fear. — Amaro Bhikkhu, "Inviting Fear (at New Haven Zen Center) https://www.instagram.com/p/CViGdYnLiHe/?utm_medium=tumblr
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rdnewhaven ¡ 3 years ago
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Fear is not the Enemy There are many ways to meditate on fear. One is to wait until it appears adventitiously. Another is to invite it in—when we send out invitations we can be a little better prepared for who shows up at the party. Perhaps for both methods of approach the first thing to bear in mind is that fear is not the enemy—it is nature’s protector; it only becomes troublesome when it oversteps its bounds. In order to deal with fear we must take a fundamentally noncontentious attitude toward it, so it’s not held as a problem, but as a visitor. Once we take this attitude, we can begin to work with fear. — Amaro Bhikkhu, "Inviting Fear (at New Haven Zen Center) https://www.instagram.com/p/CViG66sLiFP/?utm_medium=tumblr
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rainbowtwo ¡ 8 years ago
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Buddhism Without Beliefs
‘Instead of being the noncontentious introduction to Buddhism that was initially conceived, “Buddhism without Beliefs” triggered what Time magazine, in its cover issue on Buddhism in America, called “a civil but ferociously felt argument” about whether it was necessary for Buddhists to believe in karma and rebirth. I had proposed in the book that one could hold an agnostic position on these points, i.e., keep an open mind without either affirming or denying them. Naively perhaps, I had not anticipated the furor that this suggestion would create.
The ensuing controversy showed that Buddhists could be as fervent and irrational in their views about karma and rebirth as Christians and Muslims could be in their convictions about the existence of God. For some Western converts, Buddhism became a substitute religion every bit as inflexible and intolerant as the religions they rejected before becoming Buddhists. I argued that Buddhism was not so much a creedal religion as a broad culture of awakening that, throughout its history, had shown a remarkable ability to adapt to changing conditions. For a while I hoped that “Buddhism without Beliefs” might stimulate more public debate and enquiry among Buddhists about these issues, but this dis not happen. Instead, it revealed a fault line in the nascent Western Buddhist community between traditionalists, for whom such doctrines are nonnegotiable truths, and liberals, like myself, who tend to see them more as contingent products of historical circumstance.
What is it that makes a person insist passionately on the existence of metaphysical realities that can be neither demonstrated nor refuted? I suppose some of it has to do with the fear of death, the terror that you and your loved ones will disappear and become nothing. But I suspect that for such people, the world as presented to their senses and reason appears intrinsically inadequate, incapable of explaining this fraught and brief life on earth. One assumes the existence of hidden forces that lie deep beneath the surface of the contingent and untrustworthy world of day-to-day experience. Many Buddhists would argue that to jettison belief in the law of karma - a scheme of moral bookkeeping mysteriously inhering within the structure of reality itself - would be tantamount to removing the foundations of ethics. Good acts would not be rewarded and evil deeds not punished. Theists have said exactly the same about the consequences of abandoning belief in God and the divine judgment.’
- Stephen Batchelor, Confession of a Buddhist Atheist.
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sphynxtee ¡ 4 years ago
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