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Friday, December 21, 2001 Merry Christmas to All! Wednesday, December 19, 2001 The Alaskan Rule? Alaska has historically been said to follow the "English Rule" of loser-pay law. Currently set forth in its Civil Rule 82 , Alaska uses a subtle but effective fee shifting process that is more of a compromise between the American Rule and the English Rule than it is one or the other. The Alaska Rule has maintained a high approval rating among the professionals in that jurisdiction. A study of the Alaska method showed that there are positive and negative impacts from the rule but generally accepts it. And as many studies do, it suggests more studies. Tuesday, December 18, 2001 American Rule and English Rule How does our justice system determine who is responsible for attorney fees? Most United States jurisdictions follow the "American Rule" which makes each party responsible for his own legal costs. In contrast, the "English Rule" provides for the loser to pay the winner's legal fees. There is a "shifting" of the law in some U.S. jurisdictions, which is eroding the distinction between the two rules. Declaration of Independence, 1921 When things get so balled up that the people of a country have to cut loose from some other country, and go it on their own hook, without asking no permission from nobody, excepting maybe God Almighty, then they ought to let everybody know why they done it, so that everybody can see they are on the level, and not trying to put nothing over on nobody. All we got to say on this proposition is this: first, you and me is as good as anybody else, and maybe a damn sight better; second, nobody ain?t got no right to take away none of our rights; third, every man has got a right to live, to come and go as he pleases, and to have a good time however he likes, so long as he don?t interfere with nobody else... So begins a reinterpretation of the Declaration of Independence, from the pen of HL Mencken. Mencken was one of the most well known, and prolific newspaper writers, and political commentators of his day. He is also well known for his commentary on American English, and American slang. The Declaration that he updated, in a unique style, is filled with poor english, and bad grammar, with a lot of political incorrectness. But, in many ways, Mencken's translated sentences are much more understandable than some of the 18th century language they replace. - William Slawski Monday, December 17, 2001 Larry D. Sullivan in the News (Journal) Today's Wilmington News Journal features an article on employer offered legal service plans, entitled "Benefits Packages Branch Out," in their Business Monday section. The article includes a picture of Larry D. Sullivan, Esq., and several quotes from him on the how such plans work, and how they can benefit a company's employees. - William Slawski |
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