The Next Three Months

Well today is the big day: the start of my LSAT class and the end of my life as I know it. Running February 28 to May 30, I am enrolled in the Kaplan Advantage online/on site LSAT prep course.

As soon as the class ends, the actual LSAT and law school applying phase begins. After two years "off" from college, it all seems super intense...but definitely worth it. I've been telling myself since I can remember that I wanted to become a lawyer, and now it's actually (almost) on the road to happening.

I will be as obsessed with the LSAT as Russell is with saving his wife.

Before it all goes down, I'd like to send thanks to all my friends and family who helped my pick (and fund) the right course for me. I've taken the practice LSAT, but - like most pre-law schoolers - liked, not loved, my score. Luckily, I have enough time and motivation to study to get my grade up. This is me pre-course. Let's see how I feel in three months.

"I hated every minute of training, but I said, 'Don't quit. Suffer now and live the rest of your life as a champion.'" - Mohammad Ali.

Muhammed = Me. Sonny = the LSAT.

This all being said, I will be taking a break from my blog. I will update it as much as possible, perhaps as a procrastination method, but if not - at least you will know the reason why!

I would like to keep my blog as relevant as possible in my hiatus, so here is my call to guest bloggers. If anyone has any material relevant to law, law school, the LSAT, being a lawyer, politics, business, etc; that they would like to submit as a guest blog post then please don't hesitate to send it my way! Either message me on Facebook or shoot me an email.

Don't be scared to send me your guest post !

As my law life progresses, I hope to keep this blog so that it may one day turn into a resource for others who share the same interests. I acknowledge that this is a pretty big dream, but hey, might as well give it a shot. Wait, am I still talking about my blog, or my life? I guess they're about the same!

Soon to be me. Okay so I may be getting ahead of myself.

Aspiring Bitter Lawyer

Check out my latest two guest posts featured on Bitter Lawyer - one of my all time favorite law humor blogs.

Although I've been busy studying for the LSATs (while balancing my work internship and my social life) I still managed to pop out some guest posts.

Check them out here:

1. Law School Applications From Potheads Up 350%

2. Krazy Glue May Not Really Be “All Purpose”

Are you an aspiring bitter lawyer interested in guest posting? Then contact me at jeananw@gmail.com for a chance to guest post on my blog!

Obama Proposes Gun Control Plan

President to propose assault weapons ban, tougher background checks

President Barack Obama will propose an assault weapons ban and better background checks for gun buyers on Wednesday as part of a package of proposals to curb gun violence one month after the Newtown school massacre, according to the Chicago Tribune. 

The proposals will include executive and legislative measures, with the latter sure to face an uphill battle in Congress, where appetite for renewing an assault weapons ban is low.

Gun restrictions are a divisive issue in the United States, which constitutionally protects a citizen's right to bear arms.

Obama and Vice President Joe Biden, who led a task force that made recommendations on the issue, will present the measures at a White House event attended by children from around the country who wrote letters to the president about gun violence and school safety.

Obama will urge lawmakers to act quickly, White House spokesman Jay Carney told reporters:

"There are specific legislative actions that he will continue to call on Congress to take, including the assault weapons ban, including a measure to ban high-capacity magazine clips, including an effort to close the very big loopholes in the background check system in our country,"

Biden delivered his recommendations to Obama after a series of meetings with representatives from the weapons and entertainment industries requested by the president after the December 14 school shooting in Newtown, Connecticut, in which 20 children and six adults were killed.

A White House official said Obama had not endorsed all of the ideas put forward by Biden's team but declined to lay out specifics on what would be announced. Obama has signaled his plan would include elements that did not require congressional approval. The president could take action to ban certain gun imports and bolster oversight of dealers.

Though the chances of getting a ban on assault weapons appear low, the White House seems set on getting Obama's support of such a ban solidified in a legislative draft.

What exactly is being proposed?
1. Assault weapons ban
2. Ban on high-capacity magazines capped at 10 bullets
3. Universal background checks
4. Federal funds for national background checks
5. Research on gun violence
6. Better mental health training

What does the NRA have to say about it?
The proposals are likely to draw ire from the National Rifle Association, a powerful lobbying group that is traditionally associated with Republicans. The NRA proposed having armed officials in schools throughout the country and has said the media and violent video games shared blame for the Sandy Hook Elementary School massacre, the second-deadliest school shooting in U.S. history.

What about the public?
New national polls indicated a majority of Americans support some or most gun control measures.

By a 51 to 45 percent margin, Americans questioned in a new Pew Research Center poll said it was more important to control gun ownership than to protect gun rights. And by a 52 to 35 percent margin, a new ABC News/Washington Post survey indicates the public says it is more likely to support some forms of gun control after last month's massacre. However, the polls showed continuing divisions on political and gender lines.

Does removal of the anonymity of egg donors decrease egg donations?

Guest post by Lucy Cripes

A U.K. study, 2007 has researched and reported on how to keep the number of egg donors constant after a change in U.K. legislation in 2005, which withdrew egg donor’s anonymity.

Before the year 2005 in the United Kingdom, both egg donors and sperm donors were, by law granted anonymity. However a change of U.K. legislation in 2005 modified the rights of donors. Offspring’s of the donors at aged 18 would now have access to their donor’s identity. There would also be a cost neutrality law. This means that donors would neither make profit nor lose from their donations.

There was concern that this change in legislation could alter the numbers of people willing to make egg donations and sperm donations. Would the levels of eggs available in the egg donor bank fall? Therefore in 2004, before the change in legislation took place, the U.K. department of health conducted a study. This study helped steer decision making.

The study took place in the form of a questionnaire, circulated to fertility clinics throughout the U.K. It asked questions ranging from what was donors responses to the proposed change, did they think it would alter willingness to donate and any suggestions they may have to improve egg donations rates.

One third of the donors expressed concerns about the removal of anonymity. Their concerns ranged from unfounded concerns as would they be made legally and financially responsible for the offspring and would the law be applied retrospectively. They also expressed concerns about how their donors’ rights would be affected, and the emotional future turmoil that may occur if the offspring would choose to make contact.

However, even though concerns about the changed in legislation were very broad, there was a general consensus on how to keep donors interested and to improve recruiting if this legislation was passed. The egg donors agreed that education was the way forward.

It was agreed that education would increase awareness of what exactly egg donation required of the donor. The role of gamete donation could be explained, as its altruistic nature. The benefits of non-anonymous donation could be highlighted along with its disadvantages. Also any un-founded apprehensions towards egg donations could be ruled out. Better educated donors would make more informed decisions and not have any false beliefs about what non-anonymous donating could curtail.

The job of education, it was agreed should fall mostly to the clinics that provide treatment to future donors. In interest of good practice, each clinic should have a sound policy and practice that is audited on a regular basis.

This legislation was passed 7 years ago, therefore did the department of health carry out these suggestions to keep donor numbers high, or the same as before 2005? It would appear so. According to statistics from the Human Fertilization Embryology Authority.  In 2005 the sperm and egg donation collective number was 1222, in 2010 it was 1564. There does not appear to be any evident drop in the number of donations. Actually there seems to be an increase.

Is it time the U.S. took a look at these figures and implemented similar legislation? Would it improve the ethical problems associated with “shopping” for egg donors and sperm? Hopefully this study will at least raise some awareness of ethical issues around egg donation that need to be addressed in the U.S.

Texas Woman Duped Into Surrogacy

This month, Texas courts reached a decision in an unusual custody battle between a gay man and a surrogate woman who claimed she was never a surrogate to begin with. The judge ruled that the woman who gave birth was in fact the legal mother. The case has drawn national attention because the basic argument rests on what the definition of a "mother" is.

Only July 27, 2012, Cindy Close, 48, gave birth for her first time to twins at the Texas Children’s Hospital. Shortly after successfully delivering the children, she was visited by a social worker regarding the “surrogacy situation”. Close was taken aback, as this was the first time she had heard that she was a surrogate. 

No, this is not a case of mild amnesia or a cruel prank. Rather, Close had been duped by her “friend”, Marvin McMurrey.

McMurrey had covered the costs of infertile Close’s in vitro fertilization (IVF) and used his own sperm in addition to the anonymous donor egg. He promised that they would raise the children together as partners. Although Close and McMurray were not in love, or even in a romantic relationship together, her understanding was that they would parent the children together. She was under this assumption up until the day she delivered.

However, McMurrey's promise was just in words, and there was never a written contract. When the children were born, McMurrey quikcly claimed custody of the twins with his male partner. That’s right, he’s gay - another fact he kept secret from Close.

Since Close was not linked to the children genetically, as the twins were a product of female egg donation and his sperm, McMurrey alleged they were not legally hers. He rapidly filed a suit for adjudicate parentage outside of the Texas family code in addition to a temporary restraining order that was used to deny Close maternal rights. 

The twins were sent home with McMurrey, and up until the court case, Close has been granted visitation rights for only two hours a day, six days a week.

Close made a statement that the ruling in her case could have implications for other women who use donor eggs in IVF treatment. If McMurrey had won the case, then the situation could have made it so that any woman who uses donor eggs to have children would have to have her maternity proven by law.

Lucky for Close, the judge ruled that she - along with McMurrey - was the legal parent of the twins and the two will share custody. The conditions of the joint custody are yet to be determined, but one thing is for sure, it will be awkward. 

Check Out My Guest Post (Again)!

What a great way to start a week! Check out my guest post on Bitter Lawyer about a woman who was forced to wear an 'Idiot' sign for disobeying traffic laws. What do you think about using humiliation as punishment? 

And don't forget to check out other articles on Bitter Lawyer for some great law-related laughs!! 

Check Out My Guest Post!

Success!! So happy that I was able to submit a guest post to Bitter Lawyer (one of my favorite blogs that provides humor and entertainment for lawyers and others interested in law).

Read it here: An Ugly Divorce

If you're interested in reading more of my work featured on Bitter Lawyer, here you go:

"Get Out of Jail Swede" Card &  Father Daughter Love Deemed Illegal

Keep tuned for more guest posts :) and if you're ever in need of laughter, check out Bitter Lawyer!

Should a 12-year-old Stand in Adult Court?

In 2010 Paul Henry Gingerich, then a 12-year-old boy, was sentence in adult court for 25 years charged with murder conspiracy. His lawyer is asking the Indiana court of appeals to re-examine the case that sent the young boy to adult prison, and judges will make their decision soon.

Gingerich, along with two other boys, shot and killed the step-father of one of the other boys in a attempted plan to run away to Arizona.

Although he was sentence to 25 years in adult court, the Indiana Department of Corrections believed that a young boy would not fair well in an adult prison, so rather he was sentenced to a juvenile facility until he was of age to be transferred to an adult court. With good behavior, however, Gingerich could be released when he is 24, meaning he would have spent 12 years in jail.

Gingerich's lawyer is claiming that he was too young to be deemed competent to stand trial in adult court and is asking for a legal "do-over" - for the case to be sent back to juvenile court and start over from there. His lawyer is also claiming that his then lawyers were not given adequate time to prepare for the hearing that decided whether the case would be in juvenile courts or adult court - they only had four days. Usually, trials that consider moving someone to adult court are given three months to prepare. Gingerich pleaded guilty to the conspiracy to commit murder, but his lawyer is asking to nullify the guilty please.

The State of Indiana, however, is saying that Gingerich, as part of a plea deal to reduce the charge from murder to conspiracy, waived his right to appeal. Both his parents and lawyers signed the plea agreement. The state also claims that the boy pre-medidated the murder and was well aware of what we was doimg,.

According to the Juvenile Law Center, a non-profit organization that advocates for the rights of children in juvenile justice, as many as one-third of children under the age of 13 are not competeent enough to fully understand what is going on in court or aid in their own defense, and only they can sign away their rights. The MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice conducted research that found that teenagers behavior and capacities can significantly change over the course of adolescence.

Although a first for Indiana, children being charged in adult court is no new thing. In addition, currently ten states within the US do not have a minimum age for sentencing children to life without parole.

The decision has not been released yet, but whatever the decision it could set a precedent for Indiana putting young boys on trial as adult men. However, even if the judges allow Gingerich a court "do-over", there is no guarantee that the next judge won't agree that he should be tried as an adult.

VA to Vote on Eminent Domain Amendment

On November 6 Virginia residents will vote on an amendment to the state's constitution regarding eminent domain and private property rights. The proposed amendment will change the way that the government can seize private property under eminent domain. Any property rights lawyer would agree that the outcome of this election would surely affect the VA economy.

In a 2005 United States Supreme Court case, Kelo versus City of New London, Connecticut, the courts ruled that the US Constitution gives the government the power to take a person’s private property and then sell or give it to another private entity if jobs and taxes can be generated. The VA state government thus could use eminent domain to transfer land from one private owner to another to further that state's economic development.

The question that VA residents will answer in just one week is this: "Shall Section 11 of Article I (Bill of Rights) of the Constitution of Virginia be amended (i) to require that eminent domain only be exercised where the property taken or damaged is for public use and, except for utilities or the elimination of a public nuisance, not where the primary use is for private gain, private benefit, private increasing jobs, increasing tax revenue, or economic development; (ii) to define what is included in just compensation for such taking or damaging of property; and (iii) to prohibit the taking or damaging of more private property than is necessary for the public use?"

In layman's terms, if this amendment is approved, private property can only be taken for a public use - it cannot be taken and given to another private landowner; if property is taken under eminent domain, the landowner will receive fair compensation for the loss of property (with the assistance of a just compensation attorney if need be); and only the absolutely necessary amount of property can be taken.

Unlike most issues, this amendment has drawn bipartisan support for and against the amendment. Critics are concerned that the amendment may be too broad and have unforeseen consequences. They claim that the state's constitution already provides protection for eminent domain, and if the amendment is approved, then state officials will not be able to use eminent domain to take property for economic development purposes. It could force the state to pay more for what they claim are appropriate eminent domain uses and force them to hire an eminent domain lawyer to review the possible outcomes of any proposal.

If approved, the changes would go into affect on January 1, 2013. Virginia is one of the 44 states that examined the issue of private property and limiting eminent domain since the 2005 Kelo decision.

Welcome to Jeana's World of Law!

Hello! My name is Jeana. Welcome to my world of law!

Since graduating from college I have been a freelance writer for several legal-related blogs while preparing for the LSAT's. I am interested in all things law and one day would like to get my law degree, pass the bar, and become a lawyer!

Freelancing is great, especially since one of my qualms about law school is that I don't know what kind of lawyer I want to be. Through writing, however, I am able to explore all aspects of the law. With every article comes new information, new ideas, and new potential career paths.

Recently my friends have been asking me why I don't have my own blog. It's true, I love to write and usually write my articles before I even have something to put them! A blog would make sense. Truth be told, the reason really was twofold: 1) I wanted to establish myself as an aspiring legal writer before jumping the gun on a blog, and 2) procrastination.

So enough is enough! I have decided to create my own space to post articles on law topics ranging from politics to the environment. The vision I have for my blog is to create a resource for others interested in law and law-related topics. If nothing else, this blog is for me. I love being relevant and updated on legal news - both in the United States and globally - and writing articles is a great way to stay informed.

Please feel free to post comments, questions, and links to any articles that you may think are an appropriate fit! And don't forget to follow me on Twitter @JeanaWorldofLaw, and like my Facebook page, Jeana's World of Law.

In addition, as a freelance writer I am very familiar with the cutthroat world of blogging. If you are interested in guest posting, please contact me.