Monday, June 29, 2009

Rawson v. Jones, ex rel Spann, 816 So. 2d 367

"It is unfair to accuse an injured party of sleeping on her rights when the trial court had its finger on the snooze button."

Thursday, June 11, 2009

DCMR 1-101.1

The scary thing is that this makes perfect sense to me.

Mayor's Orders, previously issued as Commissioner's Orders until 1975, and before that as Commissioners' Orders until November 1967, and Orders of the Commissioners until May 1971, are incorporated in this chapter by reference.

Friday, June 5, 2009

D.C. Code § 42-705

Wow, glad I'm not an estate planner. Did people in 1901 speak a different kind of English than we do now?

In any deed or will of real or personal estate in the District of Columbia, executed after March 3, 1901, the words "die without issue," or the words "die without leaving issue," or the words "have no issue," or other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear in the instrument.

Tuesday, June 2, 2009


Looks like someone's clerk longed for a career as a poet:

In the spirit of the day, OBRA placed administrative agencies on an unusually fast track to implement the mandated changes.... Espying OBRA's likely passage on the horizon, FNS collected data.... the appellants argue vigorously that the Secretary, through FNS, failed to work with sufficient diligence and dispatch in this task. ... After this auspicious beginning, the proposed rule entered FNS' internal clearance procedure on October 2, 1981. The review of the draft regulation continued in early October, at which point storm clouds of delay loomed large. ... These well-laid plans then went awry. ... As the calendar fatefully moved toward New Year's Day, a new draft was completed....

And perhaps the next section was written by a different clerk?

[Appellants] apparently are of the view that a much more extensive explanation of the two studies described in the January 26, 1982 notice was required.... This argument, to put it gently, misinterprets these decisions. ... Inapposite as they so manifestly are, Portland Cement and Nova Scotia simply cannot be twisted so as to require ....


Looks like someone's clerk was a little comma-happy:

"But Defendants' failure to publish the Final Rule prior to putting it into effect, is a violation of the express terms of the DCAPA."

19 TAC § 74.36

In order to make sure that we don't run afoul of the First Amendment (darn that Constitution), let's regulate our classes on the Bible to a degree to which we don't regulate anything else. Now, what were you saying about that fraud Darwin?

Requirements for Elective Courses on the Bible's Hebrew Scriptures (Old Testament) and New Testament and Their Impact on the History and Literature of Western Civilization

(a) Pursuant to this rule, a school district may offer to students in Grade 9 or above:

(1) an elective course on the Hebrew Scriptures (Old Testament) and its impact and an elective course on the New Testament and its impact; or

(2) an elective course that combines the courses on the Hebrew Scriptures (Old Testament) and its impact and on the New Testament and its impact.

(b) The purpose of a course under this section is to:

(1) teach students knowledge of biblical content, characters, poetry, and narratives that are prerequisites to understanding contemporary society and culture, including literature, art, music, mores, oratory, and public policy; and

(2) familiarize students with, as applicable:

(A) the contents of the Hebrew Scriptures or New Testament;

(B) the history of the Hebrew Scriptures or New Testament;

(C) the literary style and structure of the Hebrew Scriptures or New Testament; and

(D) the influence of the Hebrew Scriptures or New Testament on law, history, government, literature, art, music, customs, morals, values, and culture.

(c) A course offered under this section shall follow applicable law and all federal and state guidelines in maintaining religious neutrality and accommodating the diverse religious views, traditions, and perspectives of students in their school district. A course under this section shall not endorse, favor, or promote, or disfavor or show hostility toward, any particular religion or nonreligious faith or religious perspective.

(d) A course offered under this section shall follow the Texas Essential Knowledge and Skills for Special Topics in Social Studies or the Texas Essential Knowledge and Skills for Independent Study in English as set out in this subsection.

(1) Texas Essential Knowledge and Skills for Special Topics in Social Studies (One-Half Credit).

(A) General requirements. Students shall be awarded one-half unit of credit for successful completion of this course. Students may take this course with different course content for a maximum of two credits.

(B) Introduction. In Special Topics in Social Studies, an elective course comparable to the former Advanced Social Science Problems, students are provided the opportunity to apply the knowledge and skills of the social sciences to a variety of topics and issues. Students use critical-thinking skills to locate, organize, analyze, and use data collected from a variety of sources. Problem solving and decision making are important elements of the course as is the communication of information in written, oral, and visual forms.

(C) Knowledge and skills.

(i) Social studies skills. The student applies critical-thinking skills to organize and use information acquired from a variety of sources including electronic technology. The student is expected to:

(I) differentiate between, locate, and use primary and secondary sources such as computer software, databases, media and news services, biographies, interviews, and artifacts to acquire information about a selected topic in social studies;

(II) analyze information by sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions;

(III) identify points of view from the historic context surrounding an event and the frame of reference that influenced the participants;

(IV) support a point of view on a social studies issue or event;

(V) identify bias in written, oral, and visual material;

(VI) evaluate the validity of a source based on language, corroboration with other sources, and information about the author; and

(VII) use appropriate mathematical skills to interpret social studies information such as maps and graphs.

(ii) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:

(I) use social studies terminology correctly;

(II) use standard grammar, spelling, sentence structure, and punctuation;

(III) transfer information from one medium to another, including written to visual and statistical to written or visual, using computer software as appropriate; and

(IV) create written, oral, and visual presentations of social studies information. (iii) Social studies skills. The student uses problem-solving and decision-making skills, working independently and with others, in a variety of settings. The student is expected to:

(I) use a problem-solving process to identify a problem, gather information, list and consider options, consider advantages and disadvantages, choose and implement a solution, and evaluate the effectiveness of the solution; and

(II) use a decision-making process to identify a situation that requires a decision, gather information, identify options, predict consequences, and take action to implement a decision.

(2) Texas Essential Knowledge and Skills for Independent Study in English (One-Half to One Credit).

(A) Introduction. Students enrolled in Independent Study in English write in a variety of forms for a variety of audiences and purposes. High school students are expected to plan, draft, and complete written compositions on a regular basis, and carefully examine their papers for clarity, engaging language, and the correct use of the conventions and mechanics of written English. Independent Study in English students are expected to write in a variety of forms including business, personal, literary, and persuasive texts for a variety of audiences and purposes. Writing is used as a tool for learning as students create, clarify, critique, and express appreciation for others' ideas and responses. Independent Study in English students evaluate their own written work as well as the work of others. Students continue to read extensively in increasingly difficult texts selected in multiple genres for a variety of purposes. When comprehension breaks down, students effectively and efficiently monitor and adjust their use of a variety of comprehension strategies. Students respond to texts through talking and writing in both traditional print and electronic formats. Students connect their knowledge of the world and the knowledge they gather from other texts with the text being read. For high school students whose first language is not English, the students' native language serves as a foundation for English language acquisition and language learning.

(B) Knowledge and skills.

(i) Writing. The student uses writing as a tool for learning and research. The student is expected to:

(I) use writing to formulate questions, refine topics, and clarify ideas;

(II) use writing to organize and support what is known and what needs to be learned about a topic;

(III) compile information from primary and secondary sources using available technology;

(IV) use writing to discover, record, review, and learn;

(V) organize notes from multiple sources, including primary and secondary sources, in useful and informing ways;

(VI) link related information and ideas from a variety of sources;

(VII) represent information in a variety of ways such as graphics, conceptual maps, and learning logs;

(VIII) compile written ideas and representations, interpret empirical data into reports, summaries, or other formats, and draw conclusions; and

(IX) use writing as a tool such as to reflect, explore, or problem solve.

(ii) Reading. The student inquires through reading and researching self-selected and assigned topics. The student is expected to:

(I) read widely to establish a specific area of interest for further study;

(II) generate relevant, interesting, and researchable questions with instructor guidance and approval;

(III) locate appropriate print and non-print information using text and technical resources, including databases;

(IV) use text organizers such as overviews, headings, and graphic features to locate and categorize information;

(V) organize and record new information in systematic ways such as notes, charts, and graphic organizers;

(VI) produce research projects and reports in various forms for audiences;

(VII) draw relevant questions for further study from the research findings or conclusions; and

(VIII) conduct a research project(s), producing an original work in print or another medium with a demonstration of advanced skill.

(iii) Viewing/representing. The student produces visual representations that communicate with others. The student is expected to:

(I) use a range of techniques in planning and creating media text; and

(II) prepare and present a research project.