USD Law

Concealed Gun Law Loophole Closed

2011-08-18T15:44:00.000-07:00

For a while you could drive into Utah, pay less cash than your home state, and get your concealed firearms permit.

That loophole has closed.

The number of applicants is pretty huge, and the govern,ment didn't really care, they were making money.

Applicants numbered 46,468 through June compared with 66,371 for all of 2010.

Seems folks were trying to squeak thru before the deadline. Many were subsequently rejected after review. The rules now state you have to apply for a permit in your home state prior to applying in Utah.

Worst Position: Unmarried male who wants to be a father

2011-08-10T15:38:00.000-07:00

Check out an interesting discussion about unmarried men who want to be father's to their kin: https://julieshapiro.wordpress.com/2011/07/29/harsh-rules-for-unmarried-fathers-in-utah/

Tipsoft for Utah Police

2011-08-06T15:38:00.000-07:00

Get on board and report crimes, it's not even easier (if you're familiar with the cellular phone that is).

http://www.tipsubmit.com/

Utah's Health Insurance Idea w/ Small Biz

2011-08-03T15:34:00.000-07:00

Foreclosure Problems Under the Radar

2011-05-23T11:38:00.001-07:00

With the immigration debate heated and swinging to and fro, another issue has been playing second fiddle.

http://www.sltrib.com/sltrib/money/51795049-79/law-state-utah-bank.html.csp

The issue of how banks treat foreclosures.

The new law allows homeowners who were illegally foreclosed on to go to court to seek payment of damages, penalties of up to $2,000 and legal fees. The Utah Attorney General’s Office asserts that ReconTrust, the foreclosure arm of Bank of America, fails to comply with state law when it institutes foreclosure proceedings under its own name.

BoA will continue to reap their millions of dollars and maintain their position on foreclosures. They believe ReconTrust is governed by federal banking laws and not state law.

Goodbye (not) Osama

2011-05-10T14:48:00.000-07:00

Good riddance.

What an electric story, the most incredible Sunday night in recent memory. Not only was the news incredible, but the sensational story of the 'how' was equally wild.

Although I have to take the media reports of the video game style raid with a grain of salt, I'm quite confident that we got our man. I'm not sorry int he elast and sense this is a massive turning point for American culture. Everything changed that fateful day almost 10 years ago. But now there's a sense of closure.

I wouldn't say victory is going to arrive sooner, but you do get the sense that this blow could be severe to terrorism.

Will it stop? No.

If Pizza Hut can run a franchise so can a terrorist group. And their functionality will continue long after the death of their leader, who in recent times has become more symbolic than active.

What comes next will be interesting. Americans ahve a renewed sense of optimism about their country, and about the prospects of the war on terror. The enemy probably will gear up for some type of response, retaliating in equally brutal fashion as we demonstrated on their #1.

Let's turn the corner. Our Nation is great, and we can use this watershed moment to drive us out of the funk we're stuck in.

Expectations of social media and law

2011-05-02T15:08:00.000-07:00

BIn Laden is dead.

And yet again, the major news outlets didn't break the news first.

People around the Pakistan area where the raid was going down were the first to report the event. They didn't nkow they were covering via Twitter, but the information was there.

THen the news came to America, and somehow a former Bush advisor got word Osama was killed. Who told him I don't know, but it's a demonstration of the intricate game of telephone that goes down when some incredible news emerges.

But then what happens when that news 'leaks'? We want to charge Wikileaks for the potential consequences of leaking sensitive documents. But what about a stupid Bush aid who 'leaks' info about the Bin Laden death on Twitter?

He was the initial source that major news outlets used.

Two things

a) I wonder if there's a consequence for tweeting; the law certainly hasn't caught up in many respects to th enature of social media.

b) How much of the story, the sensationalized story, can we trust?

Either way, one thing is for sure, the world is certainly a safer place now that we've rid ourselves of the parasite who essentially despised humanity as a fundamental level.

US Mint Gold Coins Not Subject to Capital Gains

2011-04-18T13:08:00.000-07:00

Oh whew, let me go get my box of gold medallions......not.

There are people who are going to benefit from the change. I remember sitting in an upscale hotel bar chatting with an investment banker and he jokingly gave me an old film container of gold coins. It only had 10, but it was worth more than 10K. (he would've been hit with the capital gain since they were Krugerrands).

I gave the coins back....

Push for National Immigrant Model

2011-04-13T13:45:00.000-07:00

Utah leaders — including government, education, business and religious groups — came together last fall to draft a set of principles to guide the immigration debate in the state.

Read more: http://latino.foxnews.com/latino/politics/2011/04/11/liberal-immigration-activists-push-utah-compact-national-model-dealing/#ixzz1JuSu1dMC

That's right, Utah's 'prized' immigration laws are being touted as the national answer to immigration.

I hate to make this comparison, but sex slaves only exist because of demand.

A good chunk of illegal immigrants find a 'better' life in America because a) it's better, b) they get work.

Someone is hiring cheap labor. Probably in the cheap clothes you buy and the burgers that have tomatoes. We can't escape it....or can we?

Let's combat the demand side with a bit more ferocity and see where that takes us in stemming illegal immigration. Might even help local unemployment numbers.

Damn Immigrants Part 2

2011-03-15T15:24:00.001-07:00

SB 1070 from Arizona is here in Utah. http://www.ksl.com/?nid=960&sid=14740983&autostart=y

Your thoughts?

I understand the need to control illegals. We can stop by reducing demand for their cheap labor. I know it's not that simple, but we walk a very thin line when we start what is essentially racial profiling.

I'ma lso not convinced the law will do anything to reduce/help the illegal immigrant population.....

Utah is one of the most conservative of all States, I really do'nt think this is going tobe a wave duplicated by other states any time soon.

But then again, the rush for Conservative ideas is reaching a renewed fevered pitch as Republicans ramp up fear rhetoric to oust the Dems in a year's time.

Your thoughts on immigration

2011-03-02T15:28:00.000-08:00

Not your thoughts on people who are different from you. But what are your thoughts on the immigration debate, and soon to be law, that address the likes of illegals and foreign workers?

Simply put, this isn't an Arizona style law, I believe Arizona will take a back seat to the developments and attention paid to Utah. Utah will capture the nation's attention and will go further with their attempts to stem illegal immigration.

As with anything, one law won't help much. We need a holistic solution. Just creating bigger jails and harsher laws has rarely solved anything.

Any ideas?

The Immigant debate

2011-02-13T21:23:00.000-08:00

Yea Moe, you tell it how it is. The Simpsons style (or should I say Arizona style) immigration law coming into play soon is on hold because of cost.

Which makes sense, you want to increase enforcement the taxpayer is going pay through the nose.

But I say forget that, let the Mexicans pay for the Mexican tax..... what? we do'n thave a mexican tax? Well how can we have a bear tax and not the Mexican tax? Oh, it's racists?!

I still opt for Simpson's style vigilance.....complete with stealth bombers and round the clock border patrols as far as the eye can see....

Or we could come up with a more holistic approach.

Teen Drivers in Utah to Lose Cell Phones

2011-02-10T15:17:00.000-08:00

Explain to me how when you magically turn, say 25, that you can suddenly text and drive? I doubt there's concrete evidence, but I'm willing to go out on a limb and conclude that regardless of driving experience, texting while driving is harzardous just the same. A proposed Utah law would ban teen drivers from texting while driving (using any handset as well).

That's great news, but why stop there? It seems more of a way to get quick cash through some fines then it is to adjust behavior. The bill is being proposed for the second time by Sen. Ross Romero, D-Salt Lake.

Bankruptcy Boon - Filings hit new high

2011-01-28T12:52:00.000-08:00

Some lawyers (or rather I should say students) get into a particular field with highly idealized ideologies. We want to change the world and be the one to hit the Supreme Court with our stylized or earth shattering changes.

Others are in it for the cash.

Yes, lawyers make tons of cash (well, some do at least).

Lately if you're a bankruptcy lawyer you're raking in the dough. Maybe not through exorbitant fees, but from sheer volume. 2010 saw filing highs exceeding levels in the 90's.

Bush signed legislation changing bankruptcy rules in at the end of 2005, but with the recession continuing to hamper recovery, bankruptcies are hitting all-time highs.

I should actually adjust what I just said, it's not lately lawyers have more than enough volume, but we're seeing levels return to where they were 15 years ago (not that it's necessary a good thing, but someone needs to protect the interests of debtors).

Take a look at this graph for California Chapter 7 bankruptcy filings from 1996-2010

Things look to be slowing, but it will be years till there is a sizable decline in fillings.

So hit the gravy train running......and if you need to get help because you're faced with bankruptcy, the cost of an attorney is sometimes fixed, most give free initial consult, and it's a pitance compared to losing, say, your house.

Some stats compiled from San Diego Bankruptcy Attorney C.Chen.

Luxury Goods Drive Xmas

2011-01-21T15:14:00.000-08:00

Lawyers are definitely paid well when you get your practice running (even if you work in a good firm you're hopefully making good coin.) (I should note I am admittedly ignoring the vast number of lawyers who don't work for the big bucks, but less consider you an anomaly for a moment.)

But I don't generally see lawyers driving around in a selection of Bentley's and Rolls Royce's.

Call me poor, but I thought we were tightening the purse strings in this recession. Turns out The recession only applies to almost all of us, but not all...... Accusations of wealth being siphoned from the majority of Americans (98%) and funneled to the pockets of the exceptionally wealthy will pick up as Christmas sales come in. Overal luxury good sales were way way up. Somebody had cash to spend, and they decided to opt for lavish goods over knock off Gucci.

I gotta figure out how to get in on this racket.

iPhone Finally

2011-01-14T15:12:00.000-08:00

Get your iPhone 4 from Verizon! ATT has long had a monopoly on all iPhone sales in the US (unless you wanted to shell out big bucks to get the device unlocked).

Apart from techno geeks the majority of us didn't really want to spend the 800+ bucks for an unlocked phone.

At least now we have some competition as Verizon will soon offer the iPhone 4. Maybe even prices will start going down for the devices.... ATT can also take their millions and run, finally we have competition.....

The State of our Union

2011-01-11T17:08:00.000-08:00

What were your thoughts on the State of the Union Address?

A bunch of talk? Empty rhetoric?

I can say I felt the speech demonstrated a President who inherited a terrible situation. Wars, economy, and declining everything.

It took Bush 8 years to mess it up, and it will take more than 2 years for Obama to fix it.

Let's hope he actually pushes through the major elements he promised, being: economy, health..... yea that about sums it up.

Exams Galore

2011-01-11T15:09:00.000-08:00

Why the LSAT? in the UK all they have to do is take some more school.....

Yes here it's exams galore. What a racket to get into if you can swing it. Make all students take exam upon exam.

I know someone who in fact came from the UK after succesfully completing law school. He has to take FIVE exams to cross over, plus all of his bar work, plus articling again.

I suppose that's not so bad since you're changing countries, but seriously, FIVE exams to prove you understand the system? Seems a tad much (the change was from UK to Canada so they're a bit closer than UK to US).

Another Reason I Love Google

2007-04-10T15:43:00.000-07:00

Every now and then I surf on over to the Google Labs page to check out Google's latest projects. I'm especially fond of this project: Google Voice Local Search. It's essentially a free 411 search for businesses (here I'm thinking restaurants, movie theaters, etc.), and it's entirely voice activated. And what I like most about this free 411 service more than any of the others is the noticeable lack of advertising. But that's because this is still in its beta stage; I wouldn't be surprised if Google sold out down the road.

I like it. I made a few test calls and tried to locate businesses in Salt Lake and Park City. As you can imagine it's pretty good with the businesses in Salt Lake, and needs some work in Park City. But what I couldn't locate by name in Park City I was able to locate by category.

Google is awesome, except, of course, for it's politics (see Chinese government, caving in to). A friend of mine in law school once said, "If Google were a woman, I'd marry her." And yes, I fully realize this does nothing to undermine the notion that law students are total dweebs.