Legal Protections for Anonymous Speech

Read this article today on PC World: Court Orders Google to Reveal Blogger in Defamation Case

and found another related web page: Legal Protections for Anonymous Speech

So, think twice before you say or write. Don't abuse your right to speak.

Failed!!!

I'm so sad. When I opened the envelope yesterday, I saw the yellow page without reading the detail, I knew I failed the California First-Year Law Students' Examination(FYLSX). This June 2009 exam I did better than the previous. But the actual score was not what I expected. I'm so disappointed with myself.

Should I retake the exam this October?

President Obama Nominates Jacqueline H. Nguyen to Serve on the District Court Bench

If Jacqueline Nguyen confirm by U.S. Senate, she will be the first female Vietnamese-American federal judge. The first Vietnamese-American federal judge is Judge Tu M. Pham.

Excerpt from White House Press Office:

Judge Jacqueline H. Nguyen: Nominee for the Central District of California

Judge Jacqueline Nguyen is currently a Superior Court Judge for the County of Los Angeles, a position to which she was appointed in August 2002. Judge Nguyen received her undergraduate degree from Occidental College in 1987 and her law degree from the University of California at Los Angeles in 1991. From 1991 to 1995, Nguyen worked in private practice where she specialized in civil litigation. From 1995 until August 2002, Nguyen was an Assistant U.S. Attorney in the Central District of California. During her tenure in that office, she served as Deputy Chief of the General Crimes Section. Judge Nguyen is being nominated to the United States District Court for the Central District of California and was rated well-qualified by the ABA.

Excerpt from "NAPABA and AAJC Applaud Nomination of Judge Jacqueline Nguyen as Federal District Court Judge for the Central District of California":

Judge Nguyen's courageous life story epitomizes the American Dream. For the past seven years, Judge Nguyen has served as a Judge on the Los Angeles Superior Court. Prior to her appointment to the bench, Judge Nguyen served for six years as an Assistant United States Attorney with the Criminal Division, and ultimately as the Deputy Chief of the General Crimes Section. As a child, she escaped the fall of South Vietnam with her family through a harrowing trip, starting with a plane ride temporarily separating her from her father, through chaotic Saigon, to the Philippines, to Guam, and eventually, to Camp Pendleton, California. Judge Nguyen embraced her new life in America with grace, fortitude, determination, and cheerful modesty, assisting her mother in cleaning dental offices while growing up. She eventually earned a scholarship to Occidental College before attending the University of California at Los Angeles School of Law, continuing all the while to help her mother in the family donut shop on the weekends.

Other related articles found on the internet:

• Daily Journal profiles Hon. Jacqueline Nguyen
• First Vietnamese American and Korean American Women Seated on State Judiciary
• The Honorable Tu M. Pham, U.S. Magistrate Judge, Western District of Tennessee

BarEssays.com

Login to BarEssays.com, I got this message:
"You must purchase a membership in order to proceed."

Hmm, I purchased the membership on June 7th, last month. Now, I must pay another $75 so I have "full access through the completion of the next examination. (March 1, 2010). Why we don't do like magazine subscription $75 for a year?

My June 2009 Baby Bar Exam

This time, June 2009, I did good. If I brought the watch with me to manage the time, I would do better. I started panic when the proctor announced one hour left and I was in the middle of the third essay, the criminal law subject. I rushed to the fourth essay. On the session of one-hundred multiple-choice questions, I managed the time better.

After took the week off after the exam, I decided to go back to study for exam again on October. I assume I would not pass even I did better than last time. The California First-Year Law Students' Examination (FYLSX) or Baby Bar is touch.

Countdown to California "Baby Bar" FYLSX

Six days...
Study hard...

Vietnam: Arrest of Lawyer Le Cong Dinh

Ian Kelly

Department Spokesman,  Office of the Spokesman

Bureau of Public Affairs

Washington, DC

June 15, 2009

---

The United States is deeply concerned by the arrest by Vietnamese authorities of lawyer Le Cong Dinh on June 13 on charges of "distributing propaganda against the state." Vietnamese officials have stated that Dinh was arrested because of his defense of pro-democracy activists and his use of the Internet to express his views.

Mr. Dinh is a well-respected member of the Vietnamese and international legal communities, and a former Fulbright scholar. No individual should be arrested for expressing the right to free speech, and no lawyer should be punished because of the individuals they choose to counsel.

Vietnam's arrest of Mr. Dinh contradicts the government's own commitment to internationally-accepted standards of human rights and to the rule of law. We urge the Government of Vietnam to release Mr. Dinh immediately and unconditionally, as well as all other prisoners in detention for peacefully expressing their views.

# # #

PRN: 2009/597

Source: http://www.state.gov/r/pa/prs/ps/2009/06a/124797.htm

Obama names Sotomayor to Supreme Court

It's good to see Obama nominate a new face on U.S. Supreme Court. Some interesting comment and writting from web related to this news:

Quote from comment on Obama names Sotomayor to Supreme Court - MarketWatch

Its sad that in Obama's and in Sotomayor's comments, the word "Constitution" didn't appear once. Isn't that what a Supreme Court justice is suppose to do?

Sotomayor nominated to high court — first Hispanic - Yahoo! News

Given her background, any effort to filibuster her nomination could carry political risks, since Hispanics are the fastest-growing segment of the population and an increasingly important one politically.

Sotomayor's Record: The Ricci Effect

The California Supreme Court on Proposition 8

California Supreme Court Upholds Gay Marriage Ban (Update2) - Bloomberg.com
News release (PDF) from California Supreme Court
California Supreme Court Opinion on docket# S168047 Strauss v. Horton 5/26/09 SC (PDF)

Advice from one who failed bar exam 47 times: Try again, again and again

It is an interesting article from California Bar Journal.

Advice from one who failed bar exam 47 times: Try again, again and again
By Diane Curtis

For those 3,940 lawyers who failed last July's bar exam, Maxcy Filer has some advice: Try, try, again. And again and again and again and... Filer speaks from experience. Forty-eight times he sat for the three-day exam in testing rooms from San Francisco to San Diego. Forty-seven times he flunked. Forty-seven times his wife Blondell or one of his seven children, who were given the task of opening all State Bar results mail, informed him that he hadn't passed.

Read more here

May 2009

This month, I am focus on review torts. I'm trying to do at least 10 questions every day and one essay per week. On multiple choice questions, I'm using the Adaptibar. On essay, I write the spotted issues before I read the sample answer. The question and answer essays from Cal Bar are useful.

Bar Exam Essays

This week I borrow from my library this book: Scoring High on Bar Exam Essays written by Mary Campbell Gallagher to prepare for my baby bar exam. I need to read as much as I can all sample essays in contracts, criminal law, and torts. This book is helpful but not great. Under - Here - Therefore is just another IRAC technique.

March Progress

I'm a little bit happy. I keep up with my commitment to prepare for June 2009 California Fist Year Law Student Exam using AdaptiBar. Excerpt message from AdaptiBar Online Test Center:

Today, you have answered 15 questions. To date, you have answered 200 questions. Your batting average is 50%, compared to 62% for all AdaptiBar students studying for the upcoming bar exam.

Congratulations! In terms of the number of practice questions, the average AdaptiBar user studying for the July 2009 MBE has completed 129 questions. Keep it up. There are 119 days left until the MBE.

Look back my previous result, the percentage of correct answers increase to 50% from 47%.

Keep it up with Adaptibar

In prepare for California First Year Law School Exam, I'm using Adaptibar. Everyday, I'm try to do at least 5 questions since I'm worked full-time. Few weeks ago, I behind in both percentage in correct questions and number of practice questions. This week, I need to improve my "batting average"

Below is the welcome message from Adaptibar after I logged on this morning:

Welcome back, V!

Today, you have yet to answer any questions. To date, you have answered 158 questions. Your batting average is 47%, compared to 62% for all AdaptiBar students studying for the upcoming bar exam.

Congratulations! In terms of the number of practice questions, the average AdaptiBar user studying for the July 2009 MBE has completed 128 questions. Keep it up. There are 123 days left until the MBE.

Yeah! I need to pass this "baby bar" this time.

Vietnam reaffirms sovereignty over East Sea islands

Here is the article from web site VOVNews.VN (Radio Voice of Vietnam) regarding to Hoang Sa (Paracel) and Truong Sa (Spratly) archipelagos:

Vietnam has adequate evidence and sufficient legal basis to proclaim its sovereignty over both the Hoang Sa (Paracel) and Truong Sa (Spratly) archipelagos, said Foreign Ministry spokesperson Le Dung.

The spokesperson made the statement on March 12 in response to reporters' question after Filipino President Gloria Macapagal-Arroyo on March 10 signed a decision to issue a bill on the new baseline which mandates that several islands on the Truong Sa archipelago are under the Philippines' management.

The decision seriously violated Vietnam's sovereignty, complicated the situation and went contrary to the spirit of the Declaration on the Conduct of Parties in the East Sea (DOC) as well as the trend of cooperation in the region, said Mr Dung.

He stressed that all activities by foreign countries relating to the Hoang Sa and Truong Sa archipelagos in Vietnam without the country's permission will violate its sovereignty and will have no legal value.

Vietnam opposes the decision and asks the Philippines to refrain from taking further similar action detrimental to peace and stability in the region as well as the good relationship between Vietnam and the Philippines.

The same day, the spokesperson also opposed China's decision to allow its Zhoujiang travel agent to launch tours of the Phu Lam island of the Hoang Sa archipelago.

Mr Dung said the decision seriously violated Vietnam's sovereignty and is not beneficial to the on-going negotiation process aimed at seeking fundamental and long-term solutions to maritime issues between the two countries.

He affirmed that Vietnam wants to settle all disputes through peaceful negotiations on the basis of international laws and practices, including the 1982 UN Convention on the Law of the Sea and the Declaration on the Conduct of Parties in the East Sea (DOC), as well as common consensus reached by the two countries' top leaders.

VOV News

The Worker Adjustment and Retraining Notification Act

I learn about this act when I read this article: Quiet Layoffs Sting Workers Without Notice on CNBC:

The notification law, known as the WARN Act, is a legacy of an era when the economy was more dependent on manufacturers and legislators were concerned about blue-collar workers being locked out of their factory. That kind of shutdown is hard to hide, while white-collar layoffs spread across many locations are not.

The WARN Act requires 60 days' notice, but the events that require notification are site-specific — a plant closing, a layoff of 500 or more people at one location, or a cut of at least one-third of the work force at a site.

If notification is not required, the standard practice at large companies is to give 30 days' notice before a layoff. Some states have passed their own WARN Acts to cover more layoffs. California, for example, now requires a WARN notice when a company cuts 50 or more workers in one place. Last month, New York enacted a law requiring 90 days' notice when laying off 250 or more workers at a site.

Using Google, I found additional information: U.S. Department of Labor: Fact Sheet - The Worker Adjustment and Retraining Notification Act

Adaptibar

Finally I pick Adaptibar over MicroMash. I tried bot. Both of products are good. Unfortunately, I do not have much money to spend. Thus, I choose Adaptibar.

June 2009 First-Year Law Students' Examination

I need to spend more time to study for this exam. My last chance :-( to get full credit for two years study of law. The Baby Bar exam is one day exam with four essays and 100 multiple choice questions. It tests three subjects: contracts, criminal law, and torts. This test is tough. The passing rate is 20%.

February 2009 California Bar Examination

Good luck to all examinees for the February 2009 California Bar Examination.

Online Living Trust FAQ - Part Two

Online Living Trust FAQ - Part Two
By Robert Olson

In this next article in the series, I will address another online living trust question I get asked frequently in my law practice.

Question #4 - Are there drawbacks to using a living trust?

We are big proponents of the Revocable Living Trust at our law firm. This is the same whether I am preparing the documents for clients or it is an online living trust. There are two main drawbacks however. First is the cost. If you have an attorney prepare a revocable trust for you expect to pay thousands of dollars.

The second drawback is the work you must do to fund the trust. This can be a great deal of paperwork. You will need to either transfer title of your assets or change beneficiary to the trust. In some cases such as with cash value life insurance you may do both. Drafting the trust itself is the same amount of work as drafting the Will. But with the Will you would rarely change title of your assets. If you fail to change the title or beneficiary of the asset to the trust this asset may, depending on how it is currently titled, go through the probate court process and the main reason for creating the trust, avoiding probate, is lost.

Even though I make my living from drafting trusts for clients, I suggest that if your total estate value is less than the federal estate tax threshold of $3.5 million and any lower threshold imposed by your state you do it yourself. The living trust is in most cases the best way to plan your estate and using an online living trust product can save you thousands of dollars. We suggest that you do it yourself and look for a book or course that not only teaches you about the trust and its process but gives you samples on what your trust and all the supporting documents should look like.

Robert Olson is the lead attorney at DIY Lawyer. A website dedicated to helping people do their own legal work including drafting a Living Trust. They offer an e-book with a money back guarantee titled the Living Trust Annotated. This book teaches you to draft your own Living Trust for a fraction of what you would pay an attorney. With the purchase of the e-book you also receive a free half hour phone consultation with a DIY Lawyer to answer your questions about the book. You can read about it at DIY Lawyer's Living Trust Annotated.

Article Source: http://EzineArticles.com/?expert=Robert_Olson
http://EzineArticles.com/?Online-Living-Trust-FAQ---Part-Two&id=1854808

Online Living Trust FAQ - Part One

Online Living Trust FAQ - Part One
By Robert Olson

In this two part article series I will address the online living trust questions I get asked the most in my law practice.

Question #1 - What is a living trust?

A Living Trust is a separate entity that is created to own and manage property. The creator of the trust, the Grantor, is typically also the trustee, person in control, and the main beneficiary, in most cases with the spouse and any minor children. The primary purpose of making a living trust is that, unlike a will, property that passes through your trust does not have to go through probate after your death. This will save a great deal of time and expense for your family. During your life you, as the trustee, have complete control over the property in your trust. When you die, the person you named as "successor trustee" passes your trust property to the people you named as beneficiaries.

Question #2 - Do I need a living trust?

This is the most frequent online living trust question I get. If you own property such as a home or financial accounts in a bank, having a trust is a very good idea. It will allow you to avoid probate, which may save your family time and money. Probate is a public court process that transfers property owned by one person alone at their death. It can take more than a year and cost thousands of dollars.

Question #3 - Can I do an Online Living Trust

Yes, an online one can be a good choice if you get options and an education about the process. I recommend staying away from forms that are a one size fits all because you may not be that size. Look for products that teach you how and allow you to draft your own trust and supporting documents. In addition community education classes or online e-courses are good resources to learn more about the living trust.

Robert Olson is the lead attorney at DIY Lawyer. A website dedicated to helping people do their own legal work including drafting a Living Trust. They offer an e-book with a money back guarantee titled the Living Trust Annotated. This book teaches you to draft your own Living Trust for a fraction of what you would pay an attorney. With the purchase of the e-book you also receive a free half hour phone consultation with a DIY Lawyer to answer your questions about the book. You can read about it at DIY Lawyer's Living Trust Annotated.

Article Source: http://EzineArticles.com/?expert=Robert_Olson
http://EzineArticles.com/?Online-Living-Trust-FAQ---Part-One&id=1851043

Free Law School

If you admit to UC Irvine School of Law for the Fall class 2009 you will get full-tuition. Quote from UC Irvine School of Law web site:

We currently expect to offer full-tuition scholarships to most, if not all, students from our first entering class. 

Application is free too. I would like to jump in but I cannot. I cannot quit my full-time job. I need to feed my family. I don't want to start over the first year. Since UCI School of Law is not ABA accrediting law school, the California First-Year Law Students' Examination (Baby Bar) is required.

Nguon Goc Cua Nghia Vu va Phan Loai Nghia Vu

"Nguồn gốc nghĩa vụ và phân loại nghĩa vụ" is an article about Vietnamse torts law written by TS. Ngô Huy Cương published at Tạp chí Nghiên cứu Lập pháp – Văn phòng Quốc hội

Supreme Court decided on porn law

On Jan. 21, 2009, the Supreme Court rejected to hear the case Mukasey v. ACLU.

Excerpt from CNET Supreme Court deals death blow to antiporn law:

The U.S. Department of Justice has been trying since 1998 to convince courts that a federal antiporn law targeting sexually explicit Web sites was constitutional.

No longer. On Wednesday, the U.S. Supreme Court rejected prosecutors' last-ditch defense of the Child Online Protection Act, meaning that the law will not be enforced.

Excerpt from Washington Post Online-Porn Law Is Allowed to Die:

The law would have provided civil and criminal penalties for those who offer material that is "harmful to minors" on the Web if that material is "available to any minor." It was immediately challenged by the American Civil Liberties Union and others, who said it violated the First Amendment by censoring material that was appropriate for adults or by restricting material for adults to only that which was deemed suitable for viewing by children.

Adaptibar or MicroMash?

Which one is better?

Adaptibar cost $345.00. It's web-based application. There is no version for California First-Year Law Students' Examination (FYLSX). Adaptibar have 1250 questions licensed from the National Conference of Bar Examiners (NCBE)

MicroMash cost $795.00. It's desktop application that you can install either in Windows® or Macintosh® PC. The California FYLSX cost $595.00. There are over 2300 questions for MBE.

Both Adaptibar and MicroMash guarantee you pass if you complete practice using their sofware. I try demo version both applications and like them. However, I cannot afford both of them.