They Did Not Give Up

A good list of folks who failed horribly and kept trying. Ford, Freud, Edison, Einstein, Fred Smith etc. Seems like a good lesson for us lawyers.
Never give up up, Never give in.
They Did Not Give Up:

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Motion for Removal From Naughty List

While I am sure that none of you have any need for such a motion as a public service I am providing this Motion For Removal from the Naughty List. Watch those filing deadlines.

No. ____________
IN RE __________________________ , A PERSON ON THE NAUGHTY LIST
IN THE SANTA COURT
TEXAS DIVISION




MOTION FOR REMOVAL FROM THE NAUGHTY LIST
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes _________________________, A Person on the Naughty List in the above entitled and numbered cause, and makes this Motion for Removal from the Naughty List maintained by the clerk of this court, and for good cause shows the following:
1. ______________ has engaged in numerous Good Deeds in the past year detailed in attached Exhibit “A.”
2. ______________ has made consistent use of Good Manners in the past year.
3. ______________ has been respectful of others.
4. ______________ has remembered to flush and wash his/her hands.
5. ______________ has turned over a new leaf and engaged in a consistent pattern of NICE behavior in the past year.
6. The price of coal and the negative effects of coal on the environment both weigh against its inclusion in ____________ ‘s stocking.
7. Local Rule 3.000 states, “There’s room for everyone on the Nice List.”
WHEREFORE, PREMISES CONSIDERED, _________________prays that this Court grants the Motion for Removal from the Naughty List maintained by the clerk of this court and place the name of __________________________ on the NICE list.


Respectfully submitted,


x________________________

EXHIBIT “A”


INVENTORY OF GOOD DEEDS FOR 2012
Deed Recipient Date

Pearland Transportation/Traffic Open House

One of the top complaints I hear about life in Pearland is transportation. The city has grown incredibly fast in a short period of time and the infrastructure is still catching up. The city is holding a meeting next month to address some of these concerns and tell you what is being done. I hope to see you there.

News Release
FOR IMMEDIATE RELEASE Date: October 26, 2011
Contact: Mattie Culver Phone: (281) 652-1625
Public Affairs Manager Email: Mculver@ci.pearland.tx.us



ALL INVITED TO TRANSPORTATION/TRAFFIC OPEN HOUSE NOV. 9

The City of Pearland is hosting an 'Open House' Wednesday, November 9, 6 - 7:30 p.m. at the Public Safety Building, 2555 Cullen Parkway, Pearland, Texas 77581 to discuss the City's current transportation plan and the public's traffic concerns.

Exhibits of recently completed traffic and transportation improvements will be available for viewing, and City representatives will be on hand to answer any questions.

Please contact Deputy City Engineer Andrea Broughton at 281-652-1641 or abroughton@ci.pearland.tx.us for questions or comments.

Construction Law

I am a general purpose litigator with experience in everything from simple M&M liens to multimillion dollar construction disputes. When you need fast, creative and cost effective solutions to your construction problems call Kevin M. Murphy, Attorney at Law.
• Contracts
• Change Orders/Scope of Work Dispute
• Mechanic’s & Materialman’s Liens
• Litigation
• Landlord/Tenant
• Opening and Closing Documents
• Defects
• Collections
Member of the Construction Law Section of the State Bar of Texas
liens@kevinmurphylaw.com
PH: 281-804-1174

Traffic Tickets

I get a lot of calls about traffic tickets. Just about everyone has at some point had a speeding ticket or some other kind of traffic ticket. Dealing with a ticket can take hours out of your day, increase your insurance rate and if you get too many in a certain time period you could face loss or suspension of you license. Minors and holders of a CDL face additional problems. There are many consequences which you could face if a simple ticket is not dealt with properly.
I handle lots of tickets, particularly in the Pearland area. Often you will not even have to appear in the courtroom and your record will be clear after a short probation. Every case is different so you should call to discuss it with me. Whether you want to enter a plea agreement or take it to trial I'm glad to assist. 281-804-1174

Ethan Hein's Blog › Jay-Z and Alan Lomax

This is a fascinating exploration of how copyright law works. Also, it makes you realize how all American music has deep roots in the past. It could be argued(and has been many times) that at the root of all of it is the blues. As to the hand wringing in the comments over the "dysfunction in our copyright system" I'm not concerned. The Lomax clan is responsible for preserving and popularizing so much American music usually with no great financial reward. This case is an extreme example but good fun. Thanks to John Nova Lomax for the heads up.
Ethan Hein's Blog › Jay-Z and Alan Lomax:

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In Honor of Elvis' Death, My Favorite Lil.

In honor of the King's death, a video of my fav Lil E #elvis #deathweek #ripelvispresley

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Texas Film Commission to boost incentives for video game industry

This is a good development for the broader Texas Entertainment industry. The Film Commission is increasing reimbursement from 5% to 15% for video game producers.
Texas Film Commission to boost incentives for video game industry
It is a booming industry here in Texas employing some 4,000 people.

I look forward to working more with this industry. In the last year I have assisted in negotiating music sych licensing for video games and I expect we will be seeing more work with startups-incorporation, contracts, immigration issues and employment issues.
In the meantime, I wonder if our Pearland Film Festival movie, ENNUI, could get a subsidy... What is 15% of the two pizzas we paid our camera man and editor Julian?

Buffett predicts job growth when housing rebounds | Business news | Chron.com - Houston Chronicle

As a lawyer who handles a good deal of construction work I could not agree more. I can tell how things are really going by the character of cases I have. We are seeing some recovery but the construction trades have not rebounded yet. Buffet is right.

Buffett predicts job growth when housing rebounds | Business news | Chron.com - Houston Chronicle

Buffett predicts job growth when housing rebounds | Business news | Chron.com - Houston Chronicle

As a lawyer who handles a good deal of construction work I could not agree more. I can tell how things are really going by the character of cases I have. We are seeing some recovery but the construction trades have not rebounded yet. Buffet is right.

Buffett predicts job growth when housing rebounds | Business news | Chron.com - Houston Chronicle

Katyal Speaks of SG 'Mistakes' in Japanese Internment Cases - The BLT: The Blog of Legal Times

It is amazing that this was allowed to stand in this country. And we have still not learned.

Katyal Speaks of SG 'Mistakes' in Japanese Internment Cases - The BLT: The Blog of Legal Times

Victoria Advocate | Ruling pending on transsexual widow's death benefits

Phyllis Frye and Darrell Steidley with Nikki Araguz after the hearing.
Victoria Advocate | Ruling pending on transsexual widow's death benefits

No Ruling Issued On Transsexual Widow's Death Benefits - Houston News Story - KPRC Houston

Back in March I joined Frye and Associates, a great firm in Houston. Today I was honored to be in Wharton with the team working for Nikki Araguz. No Ruling Issued On Transsexual Widow's Death Benefits - Houston News Story - KPRC Houston

Juanita Jean's | Have I Mentioned That Juanita Has A Big Ole Crush On Paul Krugman? UPDATED!

One of the Best (non) Blogs on Politics out there. Check out the link to the Paul Krugman Blues.
Juanita Jean's | Have I Mentioned That Juanita Has A Big Ole Crush On Paul Krugman? UPDATED!

TOP 5 Estate Planning/Probate Mistakes

These are my top five I have seen in doing probate and estate planning.
1. I don’t have enough money for it to matter/Can’t I avoid probate?
There are provisions where you can get sometimes get by without opening an administration but why risk it? If you have debts an administration will be needed. If there is real estate there will need to be an administration. Texas probate is not as bad as you have been told. As much as I enjoyed Bleak House by Dickens where the entire estate was consumed by legal costs, Probate in Texas is much easier. With a properly executed will the duties of the executor are generally simple and not costly.
2. I can do it all myself with stuff off the internet or a form book. You may be able to. However, there are pitfalls in the probate code that flumox even experienced attorneys. Every estate has a different set of needs. An attorney familiar with the process can more effectively draft a plan to accomplish your goals.
3. Failure to account for the entire estate. It’s important to account for everything and understand where it will go under your will. I often draw flow charts to help clients visualize where everything will go. Often, clients will forget collections and personal items that they want to pass on to specific heirs. Do you have jewelry, collections or family heirlooms that you want to pass on? Are there mineral rights or royalties you have forgotten? You should talk to your attorney about these items and plan who will received these assets.
4. Failure to plan for incapacity. This is not a fun area to discuss, but there is a real chance that you or someone in your family may face long term incapacity. There is a court proceeding called guardianship, covered in a previous post, which appoints someone to make decisions for you. A court appointed guardian can handle financial matters, make health decisions and generally take care of the daily decisions that an incapacitated person needs. A good estate plan, however, will include documents appointing persons to handle these duties without the need for court intervention. You can decide who will care for you in the event of incapacity. More important in some families, you can decide who you do not want to make these decisions for you.
5. Failure to have an advanced directive or Living wills. The nation saw what a worst case advanced directive or living will scenario could be like in 2005 with the Terry Shiavo case. End of life decisions that should be personal and private, were debated by the entire nation, in congress and in courts. In Texas, one can complete a simple form that makes your end of life wishes clear. Had Terry Shiavo had this simple form the controversy surrounding her case would have been avoided. Because of the attention that end of life issues are getting as part of the health care reform agenda, I’ll be covering the advanced directive in greater detail in a later post.

So those are my top 5. I recommend talking about your plan with your attorney and your family prior to needing it. No one likes to think about these matters but planning ahead makes these transitions easier for all involved.

New Mechanic's Lien Bill HB 346

Over the last few years the Texas lege has made numerous revisions to Texas lien law. Mechanic's and Materialman's liens are an essential part of the the construction process. Liens give even a low level subcontractor a way to protect his or her rights on a job. I've filed numerous lien and been happy to have the lien procedure available. I'm always careful to review invoices, real property records and send the required notice letters. Not everyone is. A few years back there was a rash of bad liens filed as harassment. The legislature responded by granting civil and criminal penalties for erroneous liens. This was a great step to deal with abuse but drafting errors had the effect of subs paying for simple typographical errors. The last session fixed this problem making only bad faith filings subject to penalty.
Now in 2011, we have HB 246 filed by Rep. Kleinschmidt which amends the Property Code to allow attorney fees and costs to be awarded in a suit to remove an invalid lien. This is a great amendment of the code. Lien filers would be aware that invalid liens would be subject to removal at their expense. Valid liens would still serve to protect the rights of labor. This bill has left committee with a unanimous yes vote and has been sent for calendering so it looks like it is on track to pass. Hopefully the lege will, in some future session, streamline the lien process so that the deadlines and notice period is more comprehensible. I recently talked with a Louisiana construction lawyer who was shocked that anyone could work out Texas Lien law. He has a point. This new law would do a long way toward holding fraudulent lien filers accountable.

Shouting Fire in A Crowded Theatre

I have been hearing the phrase, "shouting fire in a crowded theatre" a lot in the last week. This popular turn of a phrase comes from Justice Oliver Wendall Holmes, Jr., one of america's greatest legal minds ever, in the Schenck v. United States of 1919.
In this case a unanimous court ruled that passing out flyers opposing the military draft during World War I was not protected speech because it posed a clear and present danger to the government's war time recruiting efforts.

"The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."

It is interesting to see how far our "judicial activists" have taken us down the path of free speech. Ninety years ago, much of the language that today passes for political speech would be considered unprotected under the Schenck standard. Can you imagine the response if the government today attempted to pass a law making anti-war or anti-healthcare reform literature illegal? We've come a long way.

The court later overturned Schenck in Brandenburg v. Ohio . Today the government must show that the speech it seeks to limit would "incite imminent lawless action." Still, I'd like to hear more balanced political speech that did not push the limits of incitement.