Blog of law articles

Ever come into the office and just get hacked off?

No particular reason, but you feel like all the crap -- cases, clients, colleagues, judges, opposing counsel, upcoming hearings, trips etc. -- builds up and you need an outlet for the hostility and aggression.

No, me neither.

So let's see, those into the craft of law can watch the Pleus v. Crist oral argument on the 5th DCA JNC dispute, where the great bow-tied one, Sandy D'Alemberte, delivers a classic and tangles (intellectually) with Justices Pariente, Polston, Canady and Quince. He even references Joseph Heller!

Preemption junkies (hi federal law clerks!) may enjoy this new change in preemption policy from The White House:

The purpose of this memorandum is to state the general policy of my Administration that preemption of State law by executive departments and agencies should be undertaken only with full consideration of the legitimate prerogatives of the States and with a sufficient legal basis for preemption. Executive departments and agencies should be mindful that in our Federal system, the citizens of the several States have distinctive circumstances and values, and that in many instances it is appropriate for them to apply to themselves rules and principles that reflect these circumstances and values. As Justice Brandeis explained more than 70 years ago, "[i]t is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country."

Federalism -- what a concept.

Aren't you glad you voted for him?

Oh oh -- our friends at the now-closed The Forge write in to the Herald to defend the late-night email firing without notice or severance of their staff:

For the past 40 years of business we have accepted the industry standard in laying off employees. In fact, almost all past employees leaving our employ have never given us notice.

It works both ways. Because of the industry's standard practices, we don't expect notice and our employees don't expect notice either.

I have not received one single complaint from an employee other than to wish us luck and speed in reopening and to thank us for the financial security we have always provided them.

Until now. So you offered not one ounce more than what industry practice requires -- how nice.

Does industry practice require that you fire your staff by email, and offer no severance? That's some industry.

Also, has it occurred to you that no one is complaining to your face because, in this bleak job market, some are hopeful you may rehire them after the purported $5 million renovation?

Speaking of firings, my old friend Normie Kent goes to bat for the always-embattled Neil Rogers:

''It's a mess that WQAM has to deal with, and basically they're just giving Neil three days off with pay because of their own snafu,'' said Norman Kent, the attorney.

Ironically, Rogers has mostly quit taking listeners' calls during his midday show because too many pranksters were unleashing long, obscenity-ridden tirades that had to be bleeped out. Instead, he encourages them to send e-mail that he reads on the air.

It was one of those e-mails, complaining about WQAM's dismissal of Rogers' longtime producer last week, that got him into trouble.

Rogers was reciting it aloud, relishing the insults it heaped on WQAM general manager Joe Bell, when he inadvertently included a line that said, ``[Bleep] Joe Bell.''

''Neil immediately hit the dump button, the button you use to cut out stuff during the seven-second delay,'' Kent said. ``But WQAM is moving into new studios, and Neil's dump button wasn't connected yet.''

They fired Jorge?

That sucks. I sure hope he received exactly what the industry standard requires.