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Throw Parents in Jail!

Posted by NOTLEGALROADKILLYET on Tuesday, February 13, 2007 9:37:11 PM

So many Republican solutions to poor school performance take no note of parental responsibility.  It is nice to find an exception, even if it is in Texas.

Quoting from the Dallas Morning News article "Bill would fine parents who skip conferences:

A Houston-area legislator wants to subject parents to criminal charges for skipping a scheduled meeting with their child's teacher.

Rep. Wayne Smith, R-Baytown, said it is time for the state to crack down on Texans who are shirking their parental responsibilities by failing to meet with the teacher when their child is having academic or disciplinary problems.

I have noted several times in this blog that many times school testing is of little value.  People who care can simply look at the neighborhoods surrounding the school to judge the performance of the schools and their students.  High performing parents produce high performing students and vice versa.

So often, low performing school teachers get absolutely no support from the parents.

I had a black politician tell me the other day that he got a high school diploma but had only gotten an eighth grade education.  He went on to claim that it was still happening to blacks.  I think he was blaming the schools.  I would blame the parents.  If parents show no real interest in the education of their children, how can we expect the children or schools to overcome that parental lethargy about education?

I'm not really in favor of throwing the parents in jail or dropping big fines on them when they don't try to improve the performance of their kids, but there must be some sanction that would get their attention.  

Rep Wayne Smith is to be commended for his innovation.

Thanks to overlawyered.com
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Moqtada al Sadr Was Stampeded

Posted by NOTLEGALROADKILLYET on Tuesday, February 13, 2007 8:39:04 PM
ABC News and others are reporting that cleric Moqtada al Sadr left Iraq out of fear for his safety.  While the Democrats are trying to stampede us out of Iraq, it appears that President Bush is doing some stampeding of his own.

The Democrats are so invested in being the peace at any price party that it is hard to see any of them admitting that the surge is working.
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Legal Quote of the Day

Posted by NOTLEGALROADKILLYET on Tuesday, February 13, 2007 8:19:50 PM

A few days ago Prawfsblawg had a thread on whether or not summary judgements are constitutional given that the 7th Amendment seems to guarantee trial by jury.  For the moment, at least, the issue is confined to one law professor who has written a soon to be published law review article on it.

One commentator to the thread made the following observation:

I agree with Simon that rules 50 & 56 are limits on juries' power to nullify. In the civil context, though, it's not just about giving juries the opportunity to show mercy to particular people; it's about giving juries the opportunity to take piles of money away from defendants without a proper legal basis.
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The Ethics of Sex Selection

Posted by NOTLEGALROADKILLYET on Tuesday, February 13, 2007 6:00:11 PM
This is not an argument that I want to enter, but it is very much worth reporting on.  The New York Times reports on the possibilities of choosing the sex of one's offspring:

Another method, used before the eggs are fertilized, involves sorting sperm, because it is the sperm and not the egg that determines a baby’s sex. Semen normally has equal numbers of male- and female-producing sperm cells, but a technology called MicroSort can shift the ratio to either 88 percent female or 73 percent male. The “enriched” specimen can then be used for insemination or in vitro fertilization. It can cost $4,000 to $6,000, not including in vitro fertilization.

Glen Cohen over at PrawfsBlawg has an interesting question:

I am particularly interested in the question of whether sex selection constitutes discrimination.

I'm even going to duck that question, though there are some interesting comments at PrawfsBlawg,

My comment is that Throughout the history of man, religion, and science, religion has always tried to keep up with science.  If religious ethicists have addressed the religious ethics of pre conception sex selection, I am not aware of it.  (Post conception sex selection by abortion is abortion, of course.)

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The NYT is Outraged, Outraged, I Say

Posted by NOTLEGALROADKILLYET on Tuesday, February 13, 2007 5:21:58 PM
In an editorial it calls "Iran and the Nameless Briefers" the New York Times shares its outrage that the administration will not let it name the briefers who spilled the beans on Iran's attacks on Americans.

It wasn't all that many months ago when the NYT was printing secrets and refusing to name the government employees who were their sources.

I think it would be a more than fair trade if the Government named the briefers and the NYT named its sources.  I'd bet that if it made that offer, the Government would quickly take the NYT up on it.

The NYT needs to throttle back on these kinds of editorials.  They are unbecoming.
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A Comment on the Veto of 1072

Posted by NOTLEGALROADKILLYET on Tuesday, February 13, 2007 3:23:48 PM
A friend who put in a number of hours on the Beauprez campaign (more than I did) wrote me the following email on the veto of HB 1072: 
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How about that veto by Ritter?  Did you see the Rocky Mountain News?  They are making him a saint, statesman, such a noble thing to do!!!  I'll bet you heard my scream when I saw in yesterday's paper that the Contractor's Assn and the Chamber of Commerce were bombarding Ritter's office about the union bill. 

Those turkeys--the Contractor's Assn was the first endorsement of the business community that went against Bob Beaupreaz and seemed to be a turning point.  Actually I think they split their recommendation between BB and Ritter.  And they thought Ritter would disavow the union.  Want to bet how fast that bill comes back??

Am I griping today or what?
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Thinking a Political Position Through

Posted by NOTLEGALROADKILLYET on Tuesday, February 13, 2007 11:17:51 AM
The Democrats and the press are claiming that President Bush is trying to hype a war with Iran by claiming that Iranian manufactured shaped charge roadside bombs are aimed at American and Iraqi forces.

Their view is that it is just as likely that they are aimed at opposing militias. 

This position displays a profound ignorance of what a shaped charge is, and what it's intended target is.

So far as I know, no militia force yet has armor.  Shaped charges are anti-armor devices that direct all of the energy of the blast in one direction.  Shaped charges are very effective against armor and almost compeletely ineffective against personnel.

Only an ignorant or intentionally deceptive politician or MSM reporter would try to claim that the target of Iranian shaped charge roadside bombs is not American forces.  I guess that makes Senator Chris Dodd either ignorant or intentionally deceptive.  But we knew that.

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Legislature the "Pro Choice Capitol"

Posted by NOTLEGALROADKILLYET on Tuesday, February 13, 2007 10:11:20 AM
Colorado's anti abortion bill, SB 143 was dead by 7:30 last night.  The Democratic House Majority Leader, Alice Madden, declared the legislature "the Pro Choice Capitol of Colorado," according to the Gazette Telegraph in an article that is not available on its web site.

It also quoted Ann McGihon, the house sponsor of a contraception bill that passed through committee with no opposition as saying "I believe Coloradans are sick and tired of these divisive attacks on women's reproductive rights and women's health."

Interestingly, the Gazette has an AP story up on its web site that it didn't publish:

The Senate Judiciary Committee voted 4-3 to kill the measure, with all Democrats voting against it and all Republicans for it.

Sen. Bob Bacon, D-Fort Collins, said he remembered classmates dying because of illegal abortions performed with coat hangers and knitting needles and didn't want to return to those days. After hearing from women who said they suffered from depression, substance abuse and troubled relationships following abortions, Sen. John Morse, D-Colorado Springs, the right to choose, even if it turns out to be the wrong decision, should be left to the individual.

State Senator John Morse, who replaced Ed Jones in the Senate, is turning out to be quite a left winger.  Such is the power of careful districting.

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Work Release Ended in El Paso County

Posted by NOTLEGALROADKILLYET on Tuesday, February 13, 2007 12:06:35 AM
The Gazette Telegraph is reporting on Sheriff Terry Maketa's termination of the work release program.  Not only is that not a good idea, I wonder why Jeffco can make money and our program costs $700,000 a year.

Quoting:

“It’s definitely a money- maker for us,” said Jefferson County Sheriff’s Sgt. Jennifer Gilmore, who supervises the work-release program. “It’s made so much money, and it’s so popular with the judges, we’re trying to get the county commissioners to fund a stand-alone building dedicated to work-release.”

Last year, Jefferson County earned $1.9 million from its user-funded work-release program, Gilmore said.

I'm not a bleeding heart liberal.   I do know that it is better, and cheaper, to keep a prisoner's family fed through his labors, than through mine, as a taxpayer.
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This May Come In Handy

Posted by NOTLEGALROADKILLYET on Monday, February 12, 2007 11:49:41 PM
This is the Denver Post's post mortem on HB 1072, which Governor Bill Ritter vetoed last week.  I expect that we have not seen the last of this kind of legislation.

I wanted a place to park the link.  This is a no gloating zone.  Ritter did what needed to be done.  I'm just glad he was smart enough to see that.  I didn't think he was.
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Make My Day (Better) Advances

Posted by NOTLEGALROADKILLYET on Monday, February 12, 2007 11:35:40 PM
The Denver Post is reporting that the Make My Day Better bill passed the House.  I didn't expect that it would do that well.

I wrote about Make My Day Better almost two weeks ago. 

The Colorado State Senate is more liberal than the House, but we might get lucky.  I would love to see how Bill Ritter finesses this one.
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Abortion Ban Debated in Colorado House

Posted by NOTLEGALROADKILLYET on Monday, February 12, 2007 11:16:46 PM
It is my position that Roe v Wade is a Constitutional abomination.  There is no wording in the Constitution that supports a "right to privacy."  States ought to have the right to decide.

As I write this, the Colorado Legislature is going through the motions on SB 143.  Given the current makeup of the legislature, I cannot imagine that this strict anti-abortion bill will pass in either house.  I don't think it will come close.

The Republicans have a Hobson's Choice when it comes to trying to get an abortion bill passed in Colorado.  They must first accept the fact that, given the current reapportionment,  they most likely cannot elect enough social conservatives to pass a bill like SB 143, and will not be able to until they can change apportionment.

Republicans can't change apportionment until they take back the governorship and both houses of the legislature.  They can't take back the legislature unless there is an acceptance of the need to elect "moderate" Republicans in "swing" districts and keep them in office until 2010 or 2020.  Like it or not, the definition of "moderate" may well be pro-choice.

A Hobson's Choice is really no choice at all.  If Republicans choose not to follow this strategy, the Republican party will be in the minority in Colorado for the foreseeable future.

Is the party leadership pragmatic enough to try to pull this off?  I'm not convinced that it is.
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60 Democratic Senators in 2010?

Posted by NOTLEGALROADKILLYET on Monday, February 12, 2007 4:51:55 PM
At this moment, the numbers don't look good.  The 2006 election was a debacle.  I'm looking forward to see which Republican Hugh Hewett and others want to run out of the Senate in 2008.

I miss Lincoln Chaffee already.

If Bush vetos stem cell research again, it better not be the only thing he vetos.  His veto strategy, or lack of one, cost at least two Senate seats, and possibly three.

If Bob Schaffer and his supporters think it will be easy to beat Ken Salizar, let them wait until 2010 and give it a try. 

I don't see new Republicans in the legislative seats Schaffer was in such a hurry to hand over to the Democrats in 2004, and my bet is that he doesn't think he would beat Salizar, either.  I don't.

Over the next four years, the Democrats are going to do the state and the country a lot of damage.  No one who is responsible wants to admit it.
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Senate to Convene in Iowa in April

Posted by NOTLEGALROADKILLYET on Monday, February 12, 2007 11:10:37 AM
Having come to the realization that fully half of the membership of the United States Senate is running for President, Senate Majority Leader Harry Reid announced today that beginning in early April the US Senate will hold its meetings in Marshalltown, Iowa.

It is hoped that this move will accommodate both Harry's desire for a five day Senate work week and the intensive campaign schedules of Hillary, Barak, Joe, Sam, and others.

It also solves Nancy's airplane problem as she can stop over for consultations with Harry as she flies back and forth to California.
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The Transparent Courthouse

Posted by NOTLEGALROADKILLYET on Monday, February 12, 2007 12:52:39 AM
The Institute for the Advancement of the American Legal System has a new study out called "The Transparent Courthouse." 

The institute is a creation of former Colorado Supreme Court Justice Rebecca Love Kourlis.  It has a lofty goal of court reform, and is moving toward it with all deliberate speed (if you are familiar with that term).  I get the impression that her position is that nothing in Colorado is in need of reform, and indeed, Colorado is a model of good practices.

She means well, though, and I encourage people to read her institute's reports.  I gave her first report, "Shared Expectations: Judicial Accountability in Context" high marks.

I downloaded the report tonight and gave it a quick once over.  I am confident that after I read it thoroughly, I will be commenting on it.

Those of my readers with an interest in family law might look at the Institute's future projects page.
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