Delaware Law Office

The Sad State of Dispute Resolution- Why Can't We Just All Get Along?

2011-05-04T08:52:00.003-04:00

Where is the best venue for dispute resolution?

I guess that one way of looking at it depends on where you stand in the dispute.

Your every day average Joe figures to have their best shot in a courtroom, possibly with a sympathetic jury. Businesses tend to favor a professionally managed arbitration proceeding.

The US Supreme Court has recently announced will take up a new arbitration dispute in the fall (CompuCredit Corp. and Synovus Bank v. Wanda Greenwood, 10-948) that is in line with this way of thinking. The Washington Post reported on it earlier this week:

Supreme Court to hear new arguments over arbitration between customers and companies

Perhaps the question best asked here is not what is the best venue for dispute resolution, rather what is the best deterrent to prevent disagreements from escalating into full blown disputes in the first place?

This blog has shared some perspective on his issue, particularly as it relates to the State of Delaware, in the past (here and here).

Are there alternatives?

Universal Recycling Bill

2011-01-31T13:37:00.001-05:00

Do you hate separating out your recyclables, paying to have them picked up, or taking them to the recycling center? So much so, that you don’t recycle? Well, no more. A new law was signed Spring of 2010 to offer curbside recycling throughout the state of Delaware.

Starting in fall 2011, recycling bins and a regular recycling collection will be provided to all single-family homes. This service will be expanded to businesses and apartments over the next few years. The goal is to reduce the amount of trash that goes into expensive landfills, thus reducing the cost to the people of Delaware and reducing pollution as well.

The law eliminates the 5 cent deposit on bottles and replaces it with a 4 cent recycling fee. This fee will end by December 1, 2014 or possibly sooner if the recycling fee raises $22 million total. This fee creates the Delaware Recycling Fund, which will help purchase the bins and other equipment needed.

Position Available

2011-01-27T11:44:00.002-05:00

Delaware Intercorp wants to expand their company with a new team member. They are looking to fill a part time office position for a responsible, hardworking person with good people skills who isn’t afraid to learn and to work. The skills needed for this position are good phone, written and in person communication skill. The applicant must be organized with a high attention given to detail. Proficiency is needed with Microsoft Outlook, Word and Excel. The applicant must be able and willing to learn new computer applications in a fast paced multi-tasking environment that is their growing company.

Applicant must be able to maintain a pleasant disposition and positive attitude under stressful conditions. The compensation will start at $9.25 hourly rate and schedule advancement at 6 months and 1 year. The schedule will be Monday through Friday from 10 am to 2pm each day. These twenty hour weeks will start a transition to thirty hours per week within several months as training progresses. There are mandatory drug and record screenings.

Send resume to: Delaware Intercorp, Inc, Attn: Angelica Endres, 113 Barksdale Professional Center, Newark, DE 19711; or fax to (302) 266-9940; or email to angelica@delawareintercorp.com

The President Shouldn't Travel

2010-11-10T08:23:00.000-05:00

Really? I thought one of our head of state's duties was to travel and meet other heads of state, and receive them here. Sure, it would be great if that travel were free. The truth is that travel for our head of state is expensive. And it is necessary.

Recent media hoopla about it is just another example of the fraud that these political commentary and politicians are perpetrating upon the citizens of the United States. To publish such absolute lies and propaganda goes beyond responsible commentary and is more like fraud.

I am not for or against a particular politician or candidate. I am for honesty and integrity in our process, and for improving government.

There is a number of folks of various parties who make it their focus to negatively attack whoever and whatever decisions are made by our leaders. Negativity for the sake of negativity is a form of that fraud. I hope that most of us can see through the rhetoric. Although, sometimes I wonder.

Loud Commercials - Where can we turn?

2010-10-27T13:41:00.000-04:00

I am frustrated on a daily basis with the lack of our government's responsiveness to the millions of physical assualt that are perpetrated upon us by loud commercial broadcasts over the television... broadcasts where the volume of the commercial is significantly louder than that of the programming.

The FCC, in true bureaucratic form has this to say:

Loud Commercials. The FCC does not regulate the volume of broadcast programming, including commercials. Surveys and technical studies reveal that the perceived loudness of particular broadcast matter is a subjective judgment that varies with each viewer and listener and is influenced by many factors, such as the material’s content and style and the voice and tone of the person speaking. The FCC has found no evidence that stations deliberately raise audio and modulation levels to emphasize commercial messages.

Manually controlling the set’s volume level or using the “mute” button with a remote control constitutes the simplest approach to reducing volume levels deemed to be excessive. Many television receivers are equipped with circuits that are designed to stabilize the loudness between programs and commercials. These functions usually must be activated through the receiver’s “set up/audio” menu. Should these techniques fail to resolve the problem, you may consider addressing any complaint about broadcast volume levels to the licensee of the station involved. Additional information about loud commercials can be found at http://www.fcc.gov/cgb/consumerfacts/backgroundnoise.html.

Talk about Noise!

Have there been any criminal assualt charges placed against the tv stations for bombarding us with those unwanted sound waves? Maybe there should be. Somehow there has to be some relief!

Emily's Fight - Pizza Event!

2010-10-14T11:40:00.000-04:00

Emily's Fight - a cancer fundraiser to help with Emily's medical expenses.

http://onesteptrust.org/EmilyFightFund.html

Please support Emily Knorr as she battles brain cancer (Optic Glioma).

Sunday, November 7, 2010
10 am to 10 pm

RUDY’S PIZZA
612 PLAZA DRIVE
FOUR SEASONS PLAZA
NEWARK, DE 19702
302-737-4150

Just MENTION “Emily’s Fight” and
25% of your bill will be donated!!!
DINE-IN or CARRY OUT

Thank you to Rudy’s Pizza
http://www.rudyspizzaitalian.com
Rudy’s Pizza is also making a personal donation to this fundraising effort!!!

Important Words that become Impotent

2010-07-07T07:28:00.000-04:00

I have become saddened by the overuse of some words.... words that used to have meaning to me.... cool words like "elite". I hear it so much now that by my understanding of the definition, it is by definition no longer elite. Other words that I now tend to ignore as they seem to be more hype and background noise than actual information exchanging vehicles... are: new; best. I found this list of the 10 most overused words in metal journalism, and found it to be interesting. I didn't know what "metal journalism" was until I checked out the site. I guess that phrase isn't overused.

Amazon fights for First Amendment and customers’ privacy rights

2010-05-14T17:21:00.002-04:00

In the latest episode of financially strapped states that are trying to capture sales tax on online purchases...

Amazon denies North Carolina’s request for tax-related information.

The online retail giant has already provided the State with customer order data; however, they are refusing to disclose more personal details. In a complaint filed in Federal District Court in Seattle, Amazon argues the audit violates the First Amendment and customers’ privacy rights.

Federal law prevents states from requiring out-of-state retailers to collect sales tax if the company does not have a physical presence in that state.

I guess that law was enacted during the era of fiscal responsibility?

What About Privacy?

2010-05-03T09:48:00.008-04:00

Why is it that when a new surveillance camera is installed, there is a general outcry about our privacy being invaded? Yet…every teen and their mother, who have cell phones, think nothing of filming whatever or whomever they find of interest and making those recordings quite public, by posting them on the internet. Is that not an invasion of privacy?

The intent of surveillance cameras is not to invade one’s privacy, but to protect the victims of potential or actual wrongdoing. Due to public access to posted viewing materials, there are individuals who find themselves, explaining to various authorities, why at a specific place and time, they were engaged in an activity, which was not safe, lawful, sensible or which lead to adverse consequences. These individuals are explaining themselves, not because of surveillance cameras, but because they’ve experienced their 15 minutes of fame on the internet.

We may want to re-think before “coloring outside the lines” because someone, who is not concerned with your privacy, is sure to be watching…and maybe recording.

This blog has moved

2010-04-19T09:38:00.001-04:00

This blog is now located at http://delawoffice.blogspot.com/.
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None Of The Above

2010-03-08T07:55:00.000-05:00

Many folks, including myself, are sick and tired of the partisan politics that has stagnated our government. I refer to both primary parties. It seems that almost all we hear regarding the federal political process is bickering, fear mongering, and name calling. Isn't it time that we sent our people in Washington a message, that they should get back to the work that we sent them to perform?

When I see international news stories about "radical" this and "radical extremist" that, I now for the first time see echoes of this type of behaviour within our own country. I hear myself talking to the television, saying... "you can't really believe that.... right?". We have a fair number of our own radical extremists. We should learn to recognize them and keep their rhetoric out of the governmental process of this, our government.

I think we need two things: first, we need to get at least one more political party, preferrably two more, significantly placed in national government. We need to do this to bust up the dog and pony show that the two primary parties have placed on stage for us; secondly, we need to vote the radical extremists out of office, and put people in there who are there to do a job.

Disorder or lacking order

2010-03-03T08:05:00.000-05:00

In a human resource position or hiring position, there will be tinges of worry about current and prospective employees. Now pyshcological diorders may be included as a new battlefield in the future for companies. Already, the American Psychiatric Assocation is propsing to include binge eating and excess gambling to the list of psychiatric disorders that will be in the DSM-5 publishing 2013. If this occurs employers may have to redefine disabililty in their work place. My perspective is that these are problems but I do not believe they are to the point of a disability. This is going to be a significant legal issue because employers may have to look back into their employees' health and finacial history, to see if they have the new types of disabilities. There could be whole new costs to employers arising from the testing for these disorders and payments for accomodations. The new work setting will make it harder on employers to do the normal hiring of new staff and to evaluat their current staff if binge eating and excessive gambling become certifies as disorders.

The Internet Sales Tax Debate 2010, Continued

2010-02-23T17:35:00.003-05:00

No physical presence in the State of California.
- Check

No money in the California State coffers.
- Check

California Legislative Assembly Bill ABX8 8 (PDF)
- Check

Poor Amazon and Overstock.com!

Undercover Boss

2010-02-12T13:36:00.002-05:00

The Harvard Business Review's article "Be an Undercover Boss" highlights the reasoning on why bosses should have a more intimate role in the daily work of staff. There is a possibility for a deeper understanding of each job and to have the ability to see an inside view of their employees' work with by a boss having this type of role. The tips involve the bosses to switch up their location, be the shadow of their workers, and to make each job work with them having a personal experience involving their employees. This article has allowed me to see the benefit in a boss allowing themselves to swept up in the workflow and observe. The issue is the boss cannot start off hands on. I feel staff will presume the boss is approaching and following them to critique the employees, not help. It seems that it will cause employees to feel uneasy and not vocalize or show the issues or problems they are having. This plan will not be a quick fix to the issue. If you doubt the possibility of this, the idea has been transformed into a television show called Undercover Boss, which recently aired after the Super Bowl. For further information view the article in whole.

Verizon phones

2010-01-27T07:53:00.004-05:00

This is year is the year of smartphones. Verizon Wireless has two new phones for this year that show how promising mobile business is now. The Blackberry Storm2 is an all touch screen phone that allows business to be taken international with its mobile e-mail, Microsoft Word, Excel, and PowerPoint applications on the phone, and ability to navigate any business person overseas. The Motorola Droid is the new competition for the IPhone will all of the applications that it offers, the ability to do multiple tasks at once, and Android 2.0 from Google that is on the phone. I have just recently gotten a Blackberry Tour as my new phone. This phone allows me to take pictures, write a report and send that report in an e-mail to a teacher. I have learned about applications in a phone through my new phone. As technology advances so does the ability for business.

Three W2

2010-01-20T14:21:00.002-05:00

This year taxes are going to hit me hard. With my three jobs I will be paying the government some money. I do not really understand fully how taxes work but from what I have seen I think will be not be getting any money back this tax season.

Estate

2010-01-13T09:22:00.003-05:00

Since the holidays are over, I have been doing some evaluations. I have found that my estate is little more than a bed, car, clothes, and some furniture. I have noticed I have a very small amount in savings and no degrees under my belt. All of this evaluating has shown I am a hard worker that does not care about material things. This new year I will become more materialistic and chose to obtain things that I need for my future.

The Internet Sales Tax Debate 2010

2010-01-11T10:23:00.003-05:00

Since when did taxation become an accepted substitute for responsible government?

The internet sales tax debate is not new, but given the financial dire straights of many ineptly run State governments these days, it's expected to be hot topic (once again) this year.

Work

2010-01-06T11:57:00.003-05:00

Work's definition encompasses different aspects of daily life. The usuage of the simple word work will encompass almost every aspect of a person's life. This is my word of this year. I want to made sure that I work hard through every little detail in the upcoming months. My own laziness will not allow this year to control me into having doubts or regrets. This word is now going to be me.

The Wagner Hydra

2009-12-23T08:07:00.002-05:00

Ex Delaware Legislator Nancy Wagner takes feeding at the public trough to new levels. Like a seven headed hydra, she feeds at our expense. I see that it was reported, commmented, and discussed in various places how she is vying for the seat of Mayor in Dover by Delaware Politics.net, Delaware Grapevine, and others.

I have seen first hand her slimy brand of public service. I have sat in senate hearings and I have seen with my own eyes and heard with my own ears how Nancy Wagner throws the truth to the wind in pursuing her political ambitions. I have seen a bizarre and scandalous report presented for public use by the Legislative Attorney, who later confessed to me that he had been instructed to write it in that way.

And now she goes for treble... or is it quadruple dipping... at the City of Dover. How sad.

Life in Motion

2009-12-15T07:33:00.000-05:00

For some, life is a runaway train. With proper planning though, and a good attitude, I love this american ride!

Craigslist and eBay in Delaware Court

2009-12-08T09:41:00.006-05:00

All roads lead to the Delaware Chancery Court, at least for a week or so. Just ask internet heavyweights eBay and Craigslist. They are visiting Georgetown this week in an attempt to "work it out" (eBay Domestic Holdings Inc v Newmark, et al, Delaware Chancery Court, No. 3705-CC).

Watch Dogs and Guard Dogs

2009-12-03T18:49:00.005-05:00

I love dogs. I am continuing to learn about dogs, day by day.

I used to be confused when reviewing the different breed descriptions when they would refer to a seemingly small and harmless dog as a good Watch Dog. This is because I didn't understand the difference between a Watch Dog and a Guard Dog.

Watch dogs are bred to alert the owner of an intruder or other problem. That's it. They bark to wake you up, then YOU deal with it. Guard Dogs, on the other hand, are bred to protect the property of the owner, whether the owner is present or not.

And so now it makes perfect sense to me how a Shih-Tzu can be an excellent Watch Dog.

This also helps me to understand how my "gentle giant" 225 pound English Mastiff stands behind me when he barks. He is a watch dog, not a guard dog. He barks really loudly, but he saves the biting for me. We'll see how he acts when he grows out of his puppy stage.

School District Merger the Right Choice for Delaware

2009-12-01T07:16:00.002-05:00

Excellent - the State Auditor (as reported by the News Journal) agrees that we are wasting 50 Million Dollars a year on surplus high paid school administrators, money we could spend on our children, or save from our taxes! It's a tune I have been playing for years, now it's a harmony! Let's see if we can get the State Legislature to make it a Chorus!

I love the opposition argument! It is awesome! The critics say that if we consolidated the districts, we would have to raise the teachers' salaries up to what they should be anyway, and that that would eat away most of the 50 million in savings. Like that's a bad thing!

The only bad thing would be to continue to allow these totally unnecessary and high paid people to leech the funds from our educational system, the children, teachers, nurses, sports and band programs, et al.

Way to go, State Auditor R. Thomas Wagner Jr.! - - applause - -

A Loss of Words

2009-11-30T10:56:00.002-05:00

This is the typical holiday season except for the fact I do no see happy faces. I have been up and down Delaware in a matter of two days and everyone just seems stressed. I worked on Thanksgiving and all of my customers had a growing anger towards everything. One of my friends does not even want to see the Christmas Carol due to her dislike of the holidays. I just want everyone to cheer up because everything is not that serious.

Analogy - Terrorism and Peter Pan

2009-11-25T08:49:00.001-05:00

In my opinion, modern terrorists are cowardly misfits, hiding behind various religious masks that themselves belie what they hide. Much in the way the lost boys in Peter Pan escaped the reality of their world, terrorists are angry misguided adolescents, refusing to take responsibility for themselves in any functional way. Terrorists strike out against their twisted self contrived perception of reality. Perhaps they are also tilting at windmills, but I am less familiar with that story.

Perhaps I am angry, as well.

Ethics

2009-11-16T09:54:00.002-05:00

At Delaware Technical and Community, college part of the paralegal major is to have a discussion on ethics. This is pretty consistent throughout all of my classes. Ethics is, according to the dictionary, that branch of philosophy dealing with values relating to human conduct, with respect to the rightness and wrongness of certain actions and to the goodness and badness of the motives and ends of such actions. The more that I learn about this subject the more I understand what I am doing and its effects in an office or school related environment.

Lexis-Nexis v. Westlaw

2009-11-06T08:52:00.003-05:00

I am working at this office along with going to school. My major has recently brought me to these two competing law encyclopedias. I have always dealt with LexisNexis and I do love the program. Being so easy to use, it was a must for all of my classes. Then this semester I was reintroduces to Westlaw, which is confusing me. I do not understand why students get choices because I will always go with what I am comfortable with. Lesson of my week has been easier is always better, when it comes to school work.

Applicants and phone calls

2009-10-19T13:38:00.003-04:00

This week has switched gears. I have been working helping people to recieve applications. I have learned I do not know Newark well at all nor can I give good directions. This experience is a new lesson in selective talking and listening. I have also spent this week trying to figure out all of the technology in the building. I have learned that it is much easier now to fax or e-mail rather than mail letters.

Shine Some Light on the School Budgetary Processes

2009-10-19T11:53:00.004-04:00

Today I read an email just to make sure that it wasn't junk mail. I am glad that I did... this time.

I received an email from the folks at Sunlight on Schools. I am still learning about the organization, the people behind it, and their goals, but it seems almost immediately to me as at least a good resource for information... and possibly much more!

The Sunlight On Schools project has gobs of data re the budgetary processes of Delaware's school districts, the salaries of those persons involved, and much more!

There is also a blog that is somehow related... or maybe they just reported on the same thing... I am still reading... The Caesar Rodney Institute Blog.

The first thing that struck me from looking at the salaries of the various individual District Superintendents, was that in addition to their high salaries, and the contract perks that are largely still hidden in contract language, many are also drawing significant amounts of overtime pay. I always thought that overtime pay was not applicable for exempt-management positions. Well not these folks! They are ripping us off merely by having their position at all, then adding to that they are drawing large salaries, adding hidden contract perks, and now I see that they are also getting OT!?!?

This certainly deserves a closer look. Anybody out there understand this? Care to explain it to us? Please do....

In Defense of Weather

2009-10-17T21:01:00.004-04:00

Almost every day I hear our media announce that... weather caused traffic accidents, death, and injuries on our highways. These are false and slanderous unsupported accusations. I feel compelled to take up the unpopular defense of our weather systems. Even if Pro Bono.

We human drivers of our highways have the responsibility to use due care in the operation of motor vehicles. The weather has no such duty. We have the affirmative responsibility to slow down and drive more cautiously in adverse weather conditions. It is not the fact that our weather must slow down for us!

The injuries and death on our highways for the most part are due to human negligence and reckless behaviour. And yet many of us and our media, continue to malign and blame our innocent weather systems for this carnage. I can no longer stand idly by while this misdirection of responsibility is splashed about our communication networks, spreading and instilling the insidious lack of personal responsibility which has infected our culture.

I will see you in Court!

A new employee

2009-10-09T16:38:00.003-04:00

Hello
I am the new employee of Larry Sullivan's law office. I will be working with him in the upcoming months to help him with his technological plans for his law office. I am currently a student of Delaware Technical and Community College with a Paralegal Major and Business General Major. I am a vivid reader who finds interest in nonfiction and fiction. I will be posting on this blog every week. This blog will become a combination of my recent work experiences at the office and current topics that spark my interest. I will also have a blog on The Reading Room that can be read every week.

Thought for the day...

2009-09-28T11:10:00.000-04:00

Today is day one, of your ten-year plan. Are you on course?

Query: Is Federalism Dead?

2009-09-26T17:35:00.002-04:00

I have found myself wondering over the last year or so, as to whether Federalism is dead in America. It seems as with many thoughts, they are not unique, as I have found several links on this topic... Publius; Case4theright; national review. While the popularity of the question doesn't solve the problem that prompts it, it does give me some solace that others share in the quest for the answer.

It was a good time for me to re-read the United States Constitution, and ... not finding what I was looking for there.... the 10th Amendment to the United States Constitution. I feel secure that those words are still there. Even if maybe they are now just an illusion.

New Vice Chancellor

2009-09-26T07:57:00.002-04:00

The Delaware State Senate has confirmed J. Travis Laster , of Abrams & Laster, LLP, as our next Vice Chancellor of Delaware's Chancery Court, as reported in the News Journal.

Thought for the day...

2009-09-21T08:47:00.003-04:00

Keep tomorrow in mind, forget all but the lessons from yesterday, and live in the here and now.

Line Up, Take your Meds, Shuffle out the Door...

2009-09-18T12:44:00.003-04:00

I received notice that it was time to renew my home supply of government anti-radiation medication, for emergency home use. Delaware's Department of Emergency Management, issues Potassium Iodide to those folks who live or work near a nuclear hazard (Salem Nuclear Plant).

It reminds me of when I was lined up with the other soldiers and given numerous inoculations for such things as Bubonic Plague. That's when I was horrified to learn that the plague was alive in well in Colorado, along with a gazillion tons of chemical warfare agents that I was about to guard.

Then also it reminds me of the pouch of antidotes that I had to carry strapped to my leg, for nerve agent poisoning, or anything else that made me fall over and twitch.

Well, here I am. Line me up again. Give my meds and ship me out the door. Just don't forget to sound the alarm system when Salem leaks, so that I have a chance to bail before I absorb too many rads.

Pig Headed

2009-09-17T16:29:00.002-04:00

Today I met the head cook (a realtor in the other part of his life) from Pig Headed BBQ, of Middletown. In just a few minutes of conversation, he helped me with several of my novice bbq issues. Look forward to seein ya at the Dover Downs competition in October.

This is MY country!

2009-09-08T09:13:00.003-04:00

Thought for the day... This is my country. Take personal ownership and responsibility, it's a package deal. You can't have one without the other.

Wondering Where Your Tax Dollars Go? For Shame List

2009-09-05T09:13:00.003-04:00

Here is a list of the Superintendents for the 19 school districts that we suffer under in Delaware. By having 19 districts in an area that should at most have 3, we are wasting millions of our tax dollars, and allowing these individuals to take the money that was intended to be spent on our childrens' education. I don't know any of these people personally. I am sure that many of them are nice people. But while they continue to skim the life out of our education system, they should be held accountable. I post this here ( as found on the State's website ) with the intent that they be shamed into doing what is right... that they work together to eliminate their jobs for the betterment of the State and our children.

For Shame!

List of District Superintendents

Name Phone
Marchio, Tony J., Ed.D. 302-376-4128
Brandenberger, Andy , Ed.D. 302-793-5000
Fitzgerald, Kevin , Ed.D. 302-697-2173
Stone, George E., Ed.D. 302-645-6686
Thomas, Michael D., Ed.D. 302-672-1556
Lyles, Marcia V., Ed.D. 302-552-2600
Meney, George H., Ed.D. 302-323-2710
Ring, Jr., David C., Ed.D. 302--84-6-95
Bunting, Susan S., Ed.D. 302-436-1000
Curry, Daniel D., Ed.D. 302-284-3020
McCoy, John W., Ed.D. 302-875-6013
Kanter, Sharon G. 302-422-1607
Godowsky, Steven H., Ed.D. 302-995-8051
Sole, Dianne G., Ed.D. 302-697-2170
Daugherty, Mervin B., Ed.D. 302-552-3702
Knorr, Russell H., Ed.D. 302-629-4587
Wicks, Deborah D. 302-653-8585
Savini, Patrick E., Ed.D. 302-856-2542
Carson, Kevin E., Ed.D. 302-337-7990

Summer Sandwich Spread

2009-09-02T07:56:00.002-04:00

I have been workin on different ways to utilize the abundance of peppers that I have this year, and last night I developed a decent sandwich spread (I used it as a wrap filler):

12 Jalepeno Peppers
1/2 of an Habanero Pepper
1 Bell Pepper
several various other peppers
half cup of finely chopped onion
one package of cream cheese
3 thin/medium slices of ripe tomato

Clean all of the peppers.
Put everything into a food processor (may have to do it in several parts, depending upon the size of your food processor... mine is small so it took 3 parts). Process untill all the pepper parts are finely chopped and well integrated into the mixture.

Salt and pepper to taste.

I am thinkin that it will go well with a white meat sandwich.

News? or a Story?

2009-08-12T09:12:00.002-04:00

Speaking of the News Journal... I have discontinued interviews with this publication because of several reasons:

I have been interviewed for a fair number of articles in that publication, and they almost always get the facts wrong;

The reporters that I have dealt with are usually more interested in crafting their own story, than they are in reporting accurate news.

So... News Journal... don't call me, and I won't call you.

Public Scrutiny

2009-08-12T08:22:00.005-04:00

Delaware has expanded its use of the public registry of sex offenders, as reported by the News Journal. This is an action that is both criticized and praised.

Do you think that publicizing criminal behaviour may serve as a deterrent? The founders did. Public stocks, and hangings were the norm.

The publication of this material also helps us to guide our lives more safely. Do you believe that?

What are your thoughts?

Thought for the day...

2009-08-07T14:37:00.003-04:00

This afternoon I was chilling at the bar at Crabby Dick's(my favorite crab cake source) in Delaware City, pondering life, looking for a succinct way to express myself. For a couple of weeks, my daily slogan has been.... live the journey. Today I realized that it isn't enough to live the journey, we need to Love the Journey!

Baseball Rules

2009-07-31T07:46:00.002-04:00

Am I the only one who feels that stealing bases in baseball is somehow unethical or unsportsmanlike?

Displaced Workers find Corporate Path to Self-Employment

2009-06-17T07:03:00.002-04:00

We have seen an influx of new corporate entity formations and inquiries, as the economy has moved significant numbers of qualified workers out of the traditional work force. Many of these displaced workers are starting their own businesses, either as Corporations, or Limited Liability Companies (LLC).

PayPal Banned

2009-04-08T07:47:00.002-04:00

We have recently decided that Paypal is insecure and not an acceptable means by which to engage in financial transactions. We came to this conclusion because of PayPal's totally inadequate handling of a fraudulent transaction. Therefore, PayPal will no longer be used on this site, nor at any of our related entities.

Delaware Sheds Excess Cars, But Not Enough

2009-02-04T07:34:00.003-05:00

According to the News Journal, Delaware's Governor plans to get eliminate some 135 state-funded cars, that have in the past been supplied free of charge to cabinet officials in addition to their salaries. I applaud this as a step in the right direction.

The correct path is made up of many steps. I suggest that the next step be to consolidate the dozens of entirely unnecessary school districts that drain funding from our students education, and the state coffers. Each of these superfluous school districts have over-paid superintendents, and a full staff to support them. I believe that most of them (the already over-paid administrators) also have semi-secret contract provisions that give them each thousands of our dollars per year for their automobile expenses.

Why is it that the Governor can't see the millions of dollars we are wasting in our education system? Who is lobbying to keep it as it is?

Thought for the day...

2009-01-14T08:04:00.001-05:00

In business, the future is uncertain. We plan to achieve long range goals.

In life, the end is certain. Live the journey.

Mental Health Sensitive Court Calendar

2008-12-10T07:47:00.002-05:00

Cheers to Superior Court, and Judge Jan R. Jurden, for acknowleding the unique challenges that our mentally ill constituents face when dealing with the judicial system and managing their treatment. Calling it "Mental Health Court", the Court has set aside a separate calendar to more effectively assist these clients in graduating out of the viscious cycle in which they many times find themselves.

And the Court is coordinating its efforts in the light of national movements as well.

PHL Ranked Best Major Airport - JD Powers and Associates fall down on the job

2008-07-16T07:13:00.004-04:00

Frustrated Fliers Rank Best, Worst Airports - Money News Story - WCAU Philadelphia Philadelphia International Airport the best!?!?! Really??? What are they smoking?

I have lost all confidence in the JD Powers organization's ability to accurately study and report. I have flown extensively. Philadelphia International is by far the worst large airport that I have been in. I will go to great lengths to avoid it, because of the delays and their 90% proven track record of losing my luggage. Yes... 90% of the time that I fly out of PHL, my luggage is mishandled and misplaced.

Perhaps the flaw in the study was because they were interviewing people who are still flying from that airport? Maybe they should interview the refugees like me, instead?

Good Riddance

2008-07-09T06:39:00.004-04:00

Today in the News Journal I read that a group of teens have started a "boycott Christiana Mall" campaign. The mall has recently required parental or adult supervision on certain weekend and evening hours.

The teens reasoning ranges from... they come there to spend money, so they shouldn't be excluded... to... they have the legal right to drive, so they should have the right to go in the mall.

Well, Christiana Mall is private property. As such, within certain constitutional limits, the owners can exclude who they want to, when they want to. We have no "right" to demand access to another person's private property.

It has been the boisterous, disrespectful, and criminal behaviour of some amongst the teen crowds which have made the mall unpleasant and unsafe for society and the mall employees. Certainly it is not all teenagers who act this way at the mall. But the restrictions imposed seem reasonable and appropriate.

Adult and parental supervision is lacking in our society now across the board. Not just in the malls but everywhere. The lack of personal and parental responsibility is a significant factor in many social problems that we face.

D.C. vs Heller; The Supreme Court Speaks Out on Civil Rights

2008-06-27T09:06:00.004-04:00

Yesterday the United States Supreme Court defended our citizens' civil rights again!

In the case of District of Columbia vs Heller, the Court confirmed that we still have the individual right to keep and bear arms as set forth in the Second Amendment to the United States Constitution.

A full copy of the Opinion (link below) may take us a while to read and digest, but the short answer is... our bulworks of freedom have withstood another assault from those who would erode our civil rights.

DCvHeller.pdf

One perspective on the concept of "militia" that I have not yet seen addressed in my skim of the Opinion, is that it is important to remember when conducting this analysis that The United States was formed and initially defended by individuals with their own personal firearms who assembled and dared to stand up against the previous government. The Constitution clearly states that we are at least to maintain that. How are we to maintain this ability if we change the meaning of "militia" to now mean the army of the government? The armed forces of These United States (which I fully support) are yet still the standing army of the government that the "militia" could be called upon to oppose, should the federal government continue to try to erode our individual and states' rights.

Some say that the National Guard is the new militia. I suggest to you that the evolution of the National Guard has taken it many strides from the constitutional concept of the militia. How different really is the National Guard from the standing federal army? I say it is not so different, when a stroke of the pen from the President can nationalize and mobilize the National Guard.

But alas, the horse is dead. The result of the Decision is correct. And we can still yet live in a free America.

Safe Kids Card

2008-06-12T13:40:00.003-04:00

The State of Delaware is giving parents the opportunity to take advantage of the Safe Kids Card Child Identification Program, which keeps records every parent should have on hand in one place, in case of an emergency situation where a child is missing.

Protack Off-Track

2008-06-11T07:29:00.005-04:00

In today's Wilmington News Journal, candidate for governor, Mike Protack's plan for dealing with illegal immigration is unveiled. I suggest that it is misguided and the costs are severely underestimated.

It seems to me that the real problem we are facing in this regard is the under-collection of taxes as compared to the increase in public services provided. And this is because employers are breaking the laws by hiring illegal workers and by refusing to collect the wage taxes and withholdings. It seems from the article that Mr. Protack agrees with this concept.

Where we differ then is in how to deal with the problem. Protack suggests that by equipping the police with better technology, and by requiring everyone above the age of 16 to carry official identification, the government can make sure they know who is in the State and what they are doing. I say hogwash. The government is invasive enough as it is.

The cost of the technology and ID cards is miniscule as compared to the cost of harassment to all of us, illegals and legals alike. And Protack suggests that everyone that shows up on the computer as illegal be arrested on the spot and handed over to immigration officials. Does he have any clue what cost that would pose on our police systems? I can see it now... busloads of undocumented persons being bounced back and forth between Dover and Philadelphia because nobody has room for them and nobody will accept them. That plan is doomed.

Why don't we attack the problem where the problem is? The problem is with employers not collecting the taxes and withholdings. The problem is the wink-and-nod culture that we have cultivated here in America, by Americans, and for American greed. If we enforce the laws which require the collection of taxes and withholdings, then the rest of the problem will go away. We won't need multi-Billion Dollar boondoggle fences and other extreme losses of the personal liberties we cherish. Harassing the immigrants only attacks the symptom of the problem, not the cause of the problem.

Delaware Nuisance Law

2008-06-04T10:12:00.000-04:00

A house in Wilmington has been ordered closed under the Delaware Drug Nuisance and Social Vices Abatement Act. It is the first time such action has been taken in Wilmington. However, similar action was previously taken against a house in West Rehoboth.

I have mixed feelings about this law. It seems like a great idea on the surface- I don’t think your average law abiding citizen thinks “my dream house is going to be right next to a crack house.” I guess what worries me is the potential for abuse with the provisions about lewd acts and obscene material.

Lethal Injection Moratorium Lifted

2008-05-05T08:29:00.003-04:00

A recent Supreme Court ruling, Baze v. Rees, ended the Federal moratorium on lethal injections in the United States. In Delaware, a State Supreme Court judge rejects lethal injection challenge but a Federal Court appeal is still pending.

What I find particularly outrageous about the lethal injection challenge is that Robert Jackson III, the criminal that first made the claim that the lethal injection in Delaware is “cruel and unusual punishment,” murdered his victim with an ax in her home. Did she have the choice whether or not she wanted to be killed in a way that was so brutal??

Absurdity Reigns in Red Clay Consolidated School District

2008-05-02T12:20:00.006-04:00

With much pomp and circumstance, the Red Clay Consolidated School District asked tax payers to approve a 16.9% tax increase to help the financially-strapped school district. Approval of the referendum was to allow the District to, among other things, meet its payroll obligations and restore middle-school sports teams and activity clubs (http://communitypub.com/stories/01-14-2008/004_red_clay.html). Perhaps, most importantly (at least from the perspective of this father of a kindergarten-nearing toddler), the District was also to use a portion of the revenue generated by the increase in tax to meet its obligations under the Full-day Kindergarten Act. In fact, the actual ballot for the referendum specifically stated how the funds generated by the increase were to be used (http://electionsncc.delaware.gov/Red_Clay/rc_ref08_sam.pdf).

Seems rather straight-forward to me: residents, in conjunction with the State of Delaware, provide money to the District, District provides services which include Full-day Kindergarten. Simple, right? Au contrare, mon frère!

After much cajoling by local school representatives as well as serious advertising campaigns by the District, residents approve the referendum and step one is complete. However, District officials were so busy backslapping one another on the success of their work that they fail to see the tidal wave in the distance. The tidal wave, in this instance, is word coming forward that funds originally slated to be given to the District by the State to support the Full-day Kindergarten Program (as well as others) is in jeopardy of being part of the $30 million budget cut proposed by the State’s General Assembly (http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20080502/NEWS03/805020340&referrer=FRONTPAGECAROUSEL.

While, admittedly, I am no Adam Smith when it comes to economics, it does seem rather unfair, and perhaps downright fraudulent, to solicit funds from taxpayers in return for services to be provided and then to pull the rug out from under them as a result of proposed budget cuts. Perhaps instead of cutting programs and deceiving the public regarding usage of State and local funds, the State and school Districts wisely use the revenue received from the tax hike as well as the money from the proposed budget cuts to investigate and answer the more important question, namely,

Why, in a State of approximately 900,000 residents within 3 counties, do we have 19 school superintendents (or roughly 6.33 Superintendents per county) and multiple layers of bureaucracy and administrative staff for which we, as state residents, have to pay; which, in turn, deprives our children of funds to be used for their educational and social growth?

The absurdity of it all (and that which causes me great anger and forces me to consider the merits of abolishmment of the current Education System in the State of Delaware and full reform):

Our neighbor, the State of Maryland, has an estimated population of 5.6 million (living within 24 different counties), and has only 1 superintendent per county. I wonder what they do with all the extra money they have as a result of adequate usage of personnel and resources. Unfortunately, I think everyone in the State of Delaware (outside of our Education System) and especially those of us in the Red Clay Consolidated School District knows but is afraid to acknowledge (http://www.gazette.net/stories/012507/sykenew172014_32320.shtml).

Another Perspective

2008-04-10T07:53:00.001-04:00

For an alternative perspective, related to John F. Brady for Delaware State Insurance Commissioner, information can be found at his campaign website.

Puppy Love

2008-03-28T14:05:00.005-04:00

Monday my mother and son were on a mission to find a new, furry family member. Sunday night we discussed what I was looking for. I wanted one that would be friendly, good with kids, and protective of us. I was in 4th grade when my parents brought home our first Irish Setter. We have had six of them among the family. They are great dogs with fun personalities and they could not be any better with children. A setter was first on my list. A couple of friends of mine mentioned that the Eastern Shore Animal Rescue League rescues English Setters from kill shelters and tries to find homes for them. So my mother and son went there to meet the dogs and they were smitten. They brought Rudy home with them that day. He is the most delightful animal I have ever met. He is sweet, affectionate, and great with my son. However, he must not have had the greatest life before because he is afraid of so many things from the kitchen to the back yard after dark. We are slowly overcoming his fears; he is no longer afraid to ride in my car. He is also in need of training. He does not seem to be familiar with the command sit at all, but we have been working on heel with him and he is doing really well with it. Hopefully within a couple of months he will be fully settled in and not so afraid any more.

Zoomed by a Satellite?

2008-02-22T07:20:00.003-05:00

We have been seeing the news reports of how the Navy performed a wonderful feat, by destroying a disabled spy satellite with a missile shot from the USS Lake Erie. If our troops did that, they deserve a "high five". I support our troops. Its a shame that the civilian part of the government casts such a large shadow of incredibility that it touches on our guys and gals in the trenches.

Maybe I've been watching too much TV, but I am skeptical of anything that our current government tells us. With the erosion of civil rights for our native citizens in the guise of 911 reprisals, and the cascade of lies that have been thrown at us, I am more likely to believe one of the following scenarios than the one publicized :

A. A foreign power has placed an offensive military satellite with a nuclear or biological payload into orbit. The US decides to destroy it; or

B. The US has botched up something very badly in a scientific NASA project, and decided to shoot it down rather than become embarrassed by it.

The story presented by the goverment portrays the government in a responsible, eco-friendly, light, cleaning up some cold war mess. It portrays a highly effective missile defense system, that most assuredly will need more funding in the near future.

The portrayal just doesn't jive with the government that I have come to know. I love our country. I served in the armed forces. But I hate being treated like a mushroom. GW has been spreading manure around us for so long now, I expect this is just another load.

Adventures of a New Homeowner

2008-02-13T13:16:00.001-05:00

Last month I went to settlement on my first home. It was not a brand new house of my dreams, but rather an older home with tons of potential. Now it is up to me to take it from home with potential to home of my dreams. Perhaps I am being overly optimistic, but I think I can do it. However, every time I look at my little castle, all I can see is a list of things to be done. This is the tale of the first item on the list—dealing with the old paneling that is EVERYWHERE in my house. I understand that there was a time period when wood paneling was all the rage, but it is even on the ceiling in my dining room. How could anyone have ever thought that wood paneling on a ceiling was a good idea???

This weekend, hammer and pry bar in hand, I started the task of pulling down the heinous GREEN paneling that was on one wall of my office. Two boo-boos, lots of cursing, and 4 hours later my room was liberated of the nasty green paneling. The job itself was not bad. However, looking at the walls under the paneling with the 5 or 6 layers of old wallpaper dating back to the 1950s, all of the nail holes, and the remaining glue that held the paneling up, I am rethinking my strategy. Since applying new drywall to every room of the house is not an option for me (nasty drywall allergy and big swollen cartoon hands), I did some researching to see what else could be done.

In the course of my research I came across three methods that did not seem so bad:
1. Covering Paneling With Drywall Compound
2. Paint Wood Paneling
3. Transform wood paneling using wallpaper to cover grooves

I was wondering, though, if anyone reading this had any good suggestions (short of blowing up the house and starting again) for dealing with hideous wood paneling.

Old Documents - With Current Relevance

2008-02-12T07:09:00.000-05:00

Inspired by reading a News Journal article this morning, about the oldest documents in the State Archives (letters and such of a Swedish settler, also bearing signatures of Governor Printz), I dug into the back of the vault to pull out some of my most favorite reading materials.

I have several old books from the colonial period, bearing owner signatures of historical significance. Last year I tried to donate them the the University of Delaware Library because I saw what a nice facility they have for maintaining fragile old documents. But alas, the UD was so awash with its own cumbersome bureaucratic self-important inefficiency, that I could never get a call back from the right department.

My favorite read is not my oldest book. It is Principles of Revolution (that's the short title for the actual Title... Principles and Acts of the Revolution in America: or, an attempt to Collect and Preserve Some of the Speeches, Orations, & Proceedings, With Sketches and Remarks on Men and Things, and other Fugitive or Neglected Pieces, Belonging to the Revolutionary Period in the United States; Which Happily, Terminated in the Establishment of their Liberties: With a view to represent the feelings that prevailed in the "Times that Tried Men's Souls," to Excite a Love of Freedom, and Lead the People to Vigilance, as the Condition on Which it is Granted, By H. Niles).

Just the long version of the title to the book alone inspires me. They sure had a way with words. This is an 1822 book with inscriptions by such familiar people as Commegys; Polk, and the like.

Today I will attempt to transcribe a letter from His Excellency George Washington to General Gage, from Caimbridge, August 11, 1775:

Sir - I understand that the officers, engaged in the cause of liberty and their country, who by the fortune of war, have fallen into your hands, have been thrown indiscriminately into a common jail appropriated for felons - that no consideration has been had for those of the most respectable rank, when languishing with wounds and sickness- that some of them have been even amputated in this unworthy situation.

Let your opinion, sir, of the principle which actuates them, be what it may, they suppose they act from the noblest of all principles, a love of freedom and their country. But political opinions, I conceive, are foreign to this point. The obligations arising from the rights of humanity, and claims of rank, are universally binding and extensive, except in the case of retaliation. These, I should have hoped, would have dictated a more tender treatment of those individuals, whom chance or war had put in your power. Nor can I forbear suggesting its fatal tendency to widen that unhappy breach, which you, and those ministers under who you act, have repeatedly declared you wish to see forever closed.

My duty now makes it necessary to apprise you, that, for the future, I shall regulate my conduct towards those gentlemen of your army, who are, or may be in our possessioin, exactly by the rule you shall observe towards those of ours who may be in your custody.

If severity and hardship mark the line of your conduct (painful as it may be to me) your prisoners will feel its effect; but if kindness and humanity are shown to ours, I shall, with pleasure, consider those in our hands only as unfortunate, and they shall receive from me that treatment to which the unfortunate are ever entitled.

I beg to be favored with an answer as soon as possible, and am, sir, your very humble servant.
G. Washington

$100 Reward! -- Anybody But Brady

2008-02-08T08:30:00.000-05:00

I don't usually get involved in politics, mostly because it disgusts me. But once in a while I get spurred to speak, like now.

I noticed in today's News Journal that John F Brady has announced his candidacy for Insurance Commissioner. Oh my gosh. Please no.

My personal opinion, from having directly observed his behaviour and work product, is that he is not fit for the public service. I was duly unimpressed with his professionalism, ethics, and the quality of his work.

So with concern and a sense of desperate urgency, I say... "Anybody But Brady".

I pledge to contribute $100 each unto the first five legitimate candidates for Insurance Commissioner who oppose Mr. Brady. The first five to be determined by the time and date that they contact me by email at info@delawoffice.com. Legitimate is to be defined for these purposes as candidates who have formally filed their candidacy. This pledge is valid only for this election year.

I challenge other concerned citizens and businesses to match my pledge.

Government Crook Steals Millions In Time/Warner Fraud

2008-02-06T07:13:00.000-05:00

According to the News Journal this morning, Anthony J Lofink plead guilty to stealing millions from Delaware's unclaimed property account (called escheat), largely by use of fraudulent documents involving the Time/Warner merger.

Lofink is shown here (on the right) leaving the federal courthouse in clothing bought with stolen funds. Photo by John Randolph/ Special to the News Journal.

2008 Presidential Race

2008-01-10T10:49:00.000-05:00

I am a firm believer that every citizen of the United States has a responsibility to vote. I also believe that if a person does not vote, he or she should not complain about the way the country is being run. Since the election process is really starting to get some momentum, I decided to research the election process beginning with what is the difference between caucuses and primaries. Here is the best explanation I came across (caucus and primary information). In the course of this research I discovered that Delaware is holding a primary on February 5, 2008, so I figured I ought to brush up on what all of the candidates stand for so I can make an educated decision.

Democratic Candidates
Hillary Clinton clinton 2008 platform

Barack Obama obama 2008 platform

Republican Candidates
Mike Huckabee huckabee 2008 platform
John McCain McCain 2008 platform
Ron Paul paul 2008 platform

Other Party Candidates
Larry suggested that we include all of the candidates that represent the other parties. I started a search and was amazed to find this information other political party candidates. There were many more than I expected. Unfortunately I do not have enough time to devote to researching them all.

I hope this information proves helpful to everyone. Good luck making a decision and happy voting!!

2007-12-11T11:00:00.000-05:00

The Linzer Torte - The Cooking Adventure (first in a series)

With the best of intentions (we all know where that paved road leads) ,I promised to create and bring a culinary delight to my charming colleagues as an early holiday gift. Alas, on the momentous night of its preparation, a total failure of the heating system struck our household. Now, Dear Reader, I would like to be able to report of the unparalleled success of my adventure into gourmandy; however, that is not the case. My significant others felt, quite to my astonishment, that my efforts would be better served if I were to, and I hereby paraphrase my ultimate significant other, “stop worrying about a frickin’ torte and get the heat on.” Grasping (with little assistance mind you) that the logic of the additional heat provided by a cooking oven did not overcome the significant lack of appeal of a cold house - I mean, really, people don’t sleep on their kitchen floor next to the stove in the dead of winter waiting for a torte to finish its baking? Isn’t it closer to the coffee pot? Nonetheless, in the best interest of spousal harmony not to mention the thought of how cold a couch would be in a home with no heat and the lack of additional body warmth provided by most significant other (most likely forever), I blew off the torte. Upon waking the next day in a most displeased state (no torte and the extra body warmth thing never materialized), I reported to work the next day, which I will be happy to tell you about in the next installment.

By Scott (with significant contribution by Ms. Magaw which is hereby acknowledged)

Holiday Cheer

2007-12-11T10:51:00.000-05:00

I love the holiday season. The spirit, lights, decorations and music bring out the gigantic kid in me. Everyone seems a little less grumpy to me this time of year. Here is a list of holiday related things to do that get me in the holiday spirit:

Internet Fun:

Naughty or nice rating (Christmas Naughty or Nice List)

Elf yourself (www.elfyourself.com)

Here is my elf yourself (http://www.elfyourself.com/?id=1222724658)

Growing up there were some places my family went to visit every year. Even though they were essentially the same from year to year, they kept me spellbound. As I got older and had a child of my own it was wonderful to see the glee these displays always brought to me mirrored in his face.

Here are some of my favorite festive places to see this time of year:

Longwood Gardens (http://www.longwoodgardens.org/)
Macy’s Dickens Village (Macy*s - Our Stores - Events - Events)
Wanamaker’s light show (LIGHT SHOW)-details for times of shows can be found on link above for Dickens Village.
Wilmington Western Railroad Santa Claus Express & Holiday night express (Wilmington & Western Railroad)

The best light display I have ever come across:

Rich Faucher’s house 1054 Red Lion Road Bear, DE (http://www.lightorama02.com/VideosTemp/Static%20Christmas%20House.wmv)
I hope everyone enjoys their holiday season!!

By Michele

Will Cancer Cause Us to Alter Workplace Hours?

2007-11-30T08:33:00.000-05:00

Studies are showing that sleep provides the body with strength to fight cancer. And conversely then, disruptions in our sleep and with our internal clocks weaken our resistance to cancer.

Will OSHA ban night shifts? What about police, overnight transport, nighttime security services, will these all be required to alter procedures to lessen the carcinogenic consequences of night shifts?

Will our "Open 24 Hours" country have to start setting curfews?

These studies are still in their early years, but significant between sleep and many health issues are being found. Things such as breast cancer research involving light.

Studies are also involving the gene that regulates the internal clock, and what affects it.

Other studies explore how high fat diets disrupt the clock, and how sleep disorders have serious consequences to one's health.

Eminent Domain Challenge in Wilmington

2007-11-14T07:19:00.000-05:00

A recent Chancery Court action was filed seeking to stop the City of Wilmington from seizing private property under the Slum Clearance Redevelopment Act (31 Del.C. 4501, et seq). It is alleged that the politicians of Wilmington are being used as pawns by the developer, with the promise of creating a higher tax basis. It is also reportedly alleged that the area sought to be condemned and seized is not an urban blight area, using the developer's own headquarters as an example, as it is inside the proposed seizure area.

The expansive use of eminent domain puts us on a slippery slope. At the bottom of the heap, along with the ethics of many politicians, are our liberty and property rights, along with the failed experiments with communism.

Register Of Wills Increases Fees

2007-11-13T07:32:00.000-05:00

While a 40% rate hike (from 1.25% to 1.75%) might at first glance seem extreme, the recent Register of Wills closing cost increase is in most cases modest, and in any case, long over due.

The New Castle County Register of Wills is the most user friendly government office that I have dealt with. I applaud them. The rate hike is effective for estates where the date of death is on or after July 1, 2007.

Please consult an attorney to get an accurate explanation of how this might effect any given particular estate, or estate plan.

Watch Out for Skimmers

2007-11-13T07:26:00.001-05:00

Some local ATM's have been fitted with Skimmers to steal your bank account information when you access the ATM. Be cautious when using an ATM. If the swiping mechanism looks larger than normal, or otherwise different, go somewhere else. The News Journal reported these problems in Bear.

Has Halloween Gone to The Dogs?

2007-10-13T06:24:00.000-04:00

With each approaching holiday, I find myself most intrigued by the history behind the customs and rituals than the actual celebration. Reclusive in nature, I would much rather immerse myself into a good read or history channel presentation than endure social gatherings that revolve around these events. This, of course, is the weary adult speaking-as a child, the magic was all encompassing and the mere anticipation of these times was enough to make me giddy. Now that I am a parent, I am fortunate enough to observe this same enthusiasm within my child.

With this said, Halloween is right around the corner. I ask myself, just why I’ll be accompanying my little girl on a begging for candy mission throughout my neighborhood. And just why will I be opening my door to “treat” those children that have in the past played the old,” ding, dong, ditch” game with my doorbell? Upon researching this subject, after failing to provide my inquisitive kid an acceptable explanation, I prefer to broadly describe it as a mish mash of pagan and Christian traditions. I personally enjoy the story of Celtic community bonfires and the bringing home of a flame in hollowed out gourds and turnips. There’s also the idea of ancient people wearing costumes/animal skins and heads to confuse evil spirits. Today, our children are using their imagination to morph into anything from sweet Disney characters to more scary creepy figures. My daughter, who is now well out of her cute girlie princess phase, has selected a skeleton costume. And well, our dog may be sharing in this tradition this year too.

by Kelly

King Tut Comes to US

2007-08-28T07:44:00.000-04:00

With wide eyed wonder that only a child could have, I read and re-read my grandfathers King Tutankhamen issue of National Geographic. I wished with every fiber of my being to travel to Egypt and set my eyes (and chocolate smeared hands) upon the beautiful treasures of a long forgotten boy pharaoh. Now, many years later, I need only travel as far as the Franklin Institute in Philadelphia, PA to view these priceless artifacts.

I am not a patient person by nature, and normally will not “do” lines, but this exhibit is special. I will pay my $27.50 entrance fee, and wait (with the restraint comparable to that of an 8 year old) for my visit with the boy pharaoh.

Kelly

We Don't Have an Immigration Problem

2007-06-04T05:26:00.000-04:00

We don't have an immigration problem, as I understand it. What we have is a tax evasion problem. Too many U.S. employers are willing to break the law by not withholding and paying the employment taxes associated with those that they hire.

The answer is not in the building of fences, because the problem is not that people are crossing the borders. The problem is with our own citizens and employers in building a culture in which it is acceptable to not pay taxes. And the problem is with the misallocation of resources.

When we apply the resources to fix the real problem, and when we clean up our culture of crime, we can improve the situation. Until then, we are just serving pork.

Delaware Stays on the cutting edge of corporate law, with State Constitutional Amendment

2007-05-21T07:16:00.000-04:00

In a continuing effort to improve and develop Delaware's corporate governance laws, Delaware has implemented a Constitutional Amendment to speed up SEC inquiries. Delaware Online Reports.

Now, the SEC can certify questions of law directly to the Delaware Supreme Court. Here is some of the amended text (relative to the jurisdiction of the Delaware Supreme Court):

(8) To hear and determine questions of law certified to it by other Delaware courts, the Supreme Court of the United States, a Court of Appeals of the United States, a United States District Court, the United States Securities and Exchange Commission, or the highest appellate court of any other state, where it appears to the Supreme Court that there are important and urgent reasons for an immediate determination of such questions by it. The Supreme Court may, by rules, define generally the conditions under which questions may be certified to it and prescribe methods of certification.

The State is Giving Back $5,000,000.00!

2007-05-09T21:04:00.000-04:00

It doesn't happen often, but sometimes the government does give back the extra money that was taken from people. Superior Court is now supervising the return of 5 Million Dollars in excess forclosure sale proceeds which have accumulated over the last 5 years. And this was from people who could scarely afford it in the first place!

The project is called.... Rightful Owner. The Court has set up a site to help us track this process, and gather information. Go ahead and check for your name on the list, if you were involved in a mortgage forclosure.

I remember when I supervised a project in Family Court to track down missing restitution payees. It was great fun, and it was very appreciated by the folks who were due the funds. I suspect that the folks involved in this Superior Court process will feel the same. After they jump through the procedural hoops though.

For cases where there is more than $1,000 involved, the filing fee is $75 and a title search (about $100 cost) is among the prerequisites to filing a claim. There is no filing fee for the cases of less than $1000.

The Forever Stamp

2007-04-27T06:34:00.000-04:00

As of May 14, the U.S. Post Office will be again raising the price of stamps. This time the price will go from 39 cents to 41 cents.

Also, which I though was kind of neat, they are introducing a "forever" stamp. It can be purchased for 41 cents, and even if the prices raise again, it will still valid:
"In 2007, the U.S. Postal Service will issue the Forever stamp, which will always be valid as First-Class postage on standard envelopes weighing one ounce or less, regardless of any subsequent increases in the First-Class rate.

The stamp art depicts the Liberty Bell, which is perhaps the most prominent and recognizable symbol associated with American independence. Over the years, the historic significance of the bell's message has transcended our national borders, and today the Liberty Bell is an international icon of freedom. Replicas of the Liberty Bell exist in all fifty states and the District of Columbia."

by: Christine Orzechowski

Walk for a Cure

2007-04-19T14:35:00.000-04:00

As the JDRF Walk Chair Person, I would like to extend an invitation to be a part of finding a cure, in our life time, for Juvenile Diabetes.

What is Juvenile Diabetes? Type 1 Diabetes, also called juvenile diabetes or insulin-dependent diabetes, is a disorder of the body's immune system—that is, its system for protecting itself from viruses, bacteria or any "foreign" substances. What is JDRF? JDRF is the leading charitable funder and advocate of type 1 (juvenile) diabetes research worldwide.

In June, Alan and Ellen Levin of Happy Harry's will sponsor our Annual Gala for a Cure. This is a wonderful opportunity to not only donate to a wonderful cause, but also to promote your business and sense of community commitment.

JDRF is accepting donations of cash as well as auction items. If you would like to take advantage of this wonderful opportunity, please contact either Stephanie Bucksner at JDRF at 302-888-1117 or Christine Pavlik at 410-398-0110. To learn more about JDRF in Delaware, please visit our website.

Posted by Christine Pavlik, CPA
cpavlik@pavassoc.com

Elvis Memorabilia Battle in Delaware Chancery Court

2007-03-27T11:12:00.000-04:00

There's an airport hangar somewhere in Nevada, filled with Elvis memories, and a couple of 18-wheelers ready to take them on tour for the children of America, at $20 per head. They aren't leaving the hangar until a battle over their ownership takes place.

The fight over them is brewing in Delaware's Chancery Court. These memorabilia were used by Elvis Presley, and by his Doctor George Nichopoulos, and it sounds like it could be an entertaining time in Court.

The tug of war involves such things as:

Doctor's bag: "Black doctor's bag used by Dr. Nichopoulos for making house calls to Graceland and touring with Elvis Presley."

Stuffed dog: "Elvis had this dog in his suite at the Las Vegas Hilton . . . Elvis jokingly used dog as a pillow. Just as they were leaving to go on stage, Elvis threw the dog at Dr. Nick and said, 'This dog is for you!' Framed notarized letter of authenticity."

Laryngeal scope: "Used to examine Elvis' chronic sore throat and tonsils . . . Dr. Nick had to take additional schooling to learn how to use this."

A Delaware Limited Liability Company was formed with three members, Businessman Richard S. Long, Entertainer Bobby Freeman, aka Robert G. Gallagher, and Betty Franklin are in a fight over ownership, and Gallagher and Franklin are asking the Court to dissolve the limited liabilty company that was set up to own the collectibles, and be responsible for touring them across the countryside.

Robert G. Gallagher didn't show up in Court for the first day of proceedings.

Earlier articles:

The King . . . and the courts

Singer, businessman battle over Elvis memorabilia

Delaware Climatologist On Thin Ice

2007-02-09T01:34:00.000-05:00

Yes, Delaware does have a state climatologist. And he's the center of a battle over the human influence on global warming.

Professor David Legates teaches at the University of Delaware, and he drew more attention than most previous state climatologists have when his name appeared upon this amici curiae brief (pdf) filed with the US Supreme Court.

The brief questions global warming, and that view may conflict with an effort by the State of Delaware to get funding from the Federal government to use to reduce emissions, in an effort to "fight" global warming.

Those issues are described in a Wilmington News Journal article, Del. scientist's view on climate change criticized: Ties to big oil, industry-funded lobbies draw fire

Some of the charges agains Dr. Legates come from the Union of Concerned Scientists, in their report: Scientists' Report Documents ExxonMobil’s Tobacco-like Disinformation Campaign on Global Warming Science.

Here's one of Dr. Legates' reports:

Climate Science: Climate Change and Its Impacts

I ran across a critique of that report, which I thought was interesting:

Comment on "Climate Science: Climate Change and Its Impacts" (pdf)

One of Dr. Legate's former students defends him as being brave enough to tell us that the emperor has no clothes, in:

The tyranny of 'global warming'

Is the earth getting warmer? Is global warming a problem caused by humans? There are a lot of media reports stating that permafrost is melting in Alaska and Siberia, and weather patterns are unusual. We've experienced record breaking warm years recently. There seems to be a lot of agreement that the earth is getting warmer, and a report released last Friday from the Intergovernmental Panel on Climate Change predicts significant rising sea levels for the Mid-Atlantic region, causing the loss of a significant amount of Delaware's coastline.

Our State Poet was in the news last month, too. I hope that she gets involved in the discussion over global warming. It seems to have the makings of an epic struggle.

Just What is Web 2.0?

2007-02-09T00:54:00.000-05:00

One of the most fun videos I've seen in a while:

via Denise Howell

Sister Company... Delaware Intercorp Inc... Rated # 1 amongst Delaware Incorporators!

2007-02-07T09:48:00.000-05:00

The Delaware Business Ledger's annual Book of Lists came out this week.

It ranks a variety of Delaware businesses, including incorporation firms such as our sister company, Delaware Intercorp, Inc.

On page 126 of this year's edition, they rank Delaware Incorporation Firms.... and this year... We are Number ONE! It's not bad to be ranked Number One Incorporator in the Number One State for Incorporation!

Congratulations to all of the DI team for their hard work and dedication! And a thank you goes out to our satisfied customers who make this all happen!

We are already working hard to earn it again for next year.

MySpace and the Federal Rules of Evidence

2006-12-11T19:21:00.000-05:00

Ok, so I have a MySpace account, and most of my listed friends are people that I've met in person, though scattered across the globe. Chances are that I won't be adding anything to my profile that I have to worry about becoming evidence in a legal case. Can information from MySpace even be admitted into court?

A First Monday article, MySpace on the record: The admissibility of social website content under the Federal Rules of Evidence, asks that very question, and also looks at other sites such as Craigslist, personal blogs, and eBay.

The article sets up some hypothetical fact patterns, and examines some similar real life events, in asking whether or not certain information written on the web can be used in a couple of different criminal prosecutions and a products liability case.

It looks in detail at the authentication of that evidence, the application of the hearsay rule, and the best evidence rule. It then applies those rules to the fact patterns created. Nice article.

Rogue Accountant Finally Stopped

2006-11-14T09:04:00.000-05:00

For years now, accountant Ralph V. Estep has been stepping over the boundries of propriety by practicing law without a license, as shown by the recent Supreme Court decision. He has been "representing" clients in the preparation of wills and the probate of estates.

For the protection of those persons who Mr. Estep has led astray, the Court of Chancery has appointed Peter S. Gordon, Esquire as receiver of these cases. Peter's number is (302) 652-2900. This was also reported by the Wilmington News Journal.

A receiver is: a person (usually appointed by a court of law) who liquidates assets or preserves them for the benefit of affected parties. (from: www.freedictionary.com )

real world fiscal irresponsibility

2006-10-28T09:52:00.000-04:00

As I went through this morning's News Journal, I came across three related stories. Not related by an article in the Journal, but related by a concept... fiscal irresponsibility:

State Police fail to track sex offenders. While Colonel Thomas Macleish was correct in his statement that "It's [his] responsibility", the root cause of the problem was the fiscal irresponsibility of the executive and legislative branches to fund a law they passed. While they are quick to respond to the fickle public's hue and cry to address an issue, they fail when it comes to the part about putting the money where their law is. It's all well and good to say that the State Police are to perform certain additional tasks, but the cold reality of it is that it means that we actually have to pay an employee to do it. The State government falls down on this reality check in many many places, every single day.

Public Defenders urged to draw the line. The Delaware Public Defenders and contract (conflict) attorneys have been advised that, from an ethics perspective they should refuse to accept cases when to accept the cases would overburden their case load and diminish their ability to provide adequate legal representation. I salute Monroe Freedman for this advice. Here again, the State government has been ducking and covering the real fiscal issues for as long as I can remember, and I am sure a lot longer than that. I have written several times about how appointed counsel for the patients at the Delaware Psychiatric Center are drastically under paid for the hours that it takes them to provide adequate legal representation. I'm not talking dream team here, I'm talking just the basics. I have personally seen these problems throughout our government. After many attempts to correct these problems from the inside, I came to the conclusion that for an attorney to continue to function under an under-funded situation that prevents him or her from providing adequate legal counsel to the clients, is to be an enabler for the fiscal irresponsibility in the government. And that, in and of itself is irresponsible and unethical.

We are still hearing reverberations from the fiscal irresponsibility of the Christina School District. And I deplore what they have done. But again, there is a fundamental root problem that is worse yet. Why is it that we have dozens upon dozens of school administrative positions, all paid well into the 6 figures (and with additional multi-thousand dollar automobile reimbursement contract benefits) when other states can do just as bad of a job with just one administrator (for a school population size comparable to Delaware). We are being irresponsible by allowing these administrative leeches to suck the life out of our childrens' education system. We don't need more than three school districts in this State... and that's stretching it. We could get away with only one district. But instead, we are paying many millions of dollars every year to fund dozens of duplicate administrative districts. And look at the ethics of the people who we are paying these millions of dollars to... today's News journal article is about the Newark High School principal and how he is a finalist for a job in Alabama. Didn't I read recently that he said he isn't going anywhere? That was when a story broke about him being considered for a Maryland job. Oh my! He must be such a leader in the educational field that schools across the country are beating down his door... without him applying. Does he think we are ignorant? I suppose from a school administrator's position we must be. We are ignorant to pay so much for so little.

Error on Newark Penalty Corrected... Oh Really?

2006-10-12T14:34:00.000-04:00

My Opinion -

Today's News Journal Local section says that the error has been corrected. This refers to the huge jury award against the City of Newark this week in Federal Court.

It seems that the City was ordered to pay the aggrieved party's attorneys fees ($1.7 Million), and that in the math, the amount was counted twice. Well, that's understandable. I can understand it because the amount of the rest of the award was so large as to minimize the impact of the double counting of the attorney fees. It is good that it was promply corrected today.

I think we should look however at what was really the error. The bigger error. The one that is in the neighborhood of $36 Million Dollars. I think we should know what caused that error, and fix it.

And the multi-million dollar error that Newark made regarding the adjustment of power charges. Who's going to fix that? Do the people even know about it? I know that I would like to understand it better.

What I am crystal clear on however, is that the City's leadership by Mayor Vance Funk has been disappointing, arbitrary and capricious.

For example, the Mayor recommended that the way to deal with the growing Alderman Court caseload was to ignore the growth issue and recommend formally that the Alderman's salary be cut so as to provide for more compensation for the Deputy Alderman. The Mayor said... on the record... that there was nothing that the judge of Alderman's Court could tell him that he didn't already know. While it is true that Mayor Funk was Alderman thirty some years ago, it is also true that some things have changed since then. Further, the Mayor at that meeting spoke of the arrangement that had been made upon the hiring of the Alderman. Well guess what? He wasn't there. He wasn't Mayor then. He didn't know. He was imprinting upon the present day what he wanted to remember from thirty years ago.

But instead of acknowledging the changes and working with council and the judiciary towards the development of a plan to deal with the growth of the Court and the City, the Mayor preferred cheap political rhetoric.

Such has been the Mayor's practice since he has taken office. And his cavalier and demeaning comments of this nature have been generally demoralizing to the dedicated City employees. Myself included.

After hearing of the meeting regarding the Alderman's Court discussion, I immediately resigned from the position of Deputy Alderman in protest to the manner in which my dedicated professional colleague was treated.

The Alderman had appeared to discuss the matter in private with council, only to find that he had not been informed that the City had decided that the meeting must be in public. Since the planned private meeting was to discuss budgeting which included my personal compensation, I did not attend. Nor was I invited. Had I been invited, or even if the slightest of a suggestion have been made that either there would be a public meeting on the topic, or that I might be asked questions at a private meeting, I would surely have been there. I had already supplied the City with written documentation and supporting data with which to make its budgetary planning, and I had expressly invited the City to ask me any questions that the Mayor and Council might have. Indeed some written questions were forwarded to me and answered promptly.

The Mayor will want to point out that he wasn't in office when the original firing of the reservoir contractor took place. But he was Mayor during the litigation. I would like to know what happened during those years that spiraled the City into this disaster. If he dealt with that the same way he dealt with other things, then I do understand.

Correction is still needed. It's needed at the polls.

Understanding the Melson, Child Support Formula

2006-10-11T07:06:00.000-04:00

Many people know about the Melson Formula, Delaware's presumptive child support calculation. But what most people don't know is that there is another document that explains it and helps with interpretive questions.

The Family Court of the State of Delaware Delaware Child Support Formula Evaluation and Update, most recently of October 2, 2006.

When I was practicing in Family Law, I found this document to be priceless. And as hard to find as gold nuggets.

The formula is adjusted, sometimes annually. And policy decisions are made as to how to apply the formula to different circumstances. Going into a child support hearing with only the formula, and without having this document, is going in to a boxing match with one hand tied behind your back.

So here it is, in its entirety,the best kept secret in Delaware child support law. This edition is effective January 1, 2007.

Blogs as Evidence and Impeachment Material

2006-10-09T09:52:00.000-04:00

Not shocking, but noteworthy and food for thought... as reported by Kevin at Real Lawyers Have Blogs, Blogs are being used as impeachment material for witnesses in lawsuits.

Along with the ease of publication that Blogs offer, don't forget that they are publication. Might Blogs by their ease of operation allow someone to publish before the complete thought process has been performed? I think so. Might this be a danger in Blogs?

Maybe just a danger in people.

Rule of thumb... Think... then publish. It is also helpful to run a draft by an associate, first.

Transparency in Federal Spending

2006-09-27T13:34:00.000-04:00

President George W. Bush signed the Federal Funding Accountability and Transparency Act of 2006 (pdf) into law yesterday, September 26, 2006. This is a move in the right direction in letting the citizens of the United States know how money is being spent by the US Government.

Requirements of the Bill Include a Web site

A single searchable website, accessible by the public at no cost to access, where information about federal awards can be seen.

These federal awards include include grants, subgrants, loans, awards, cooperative agreements, and other forms of financial assistance. Also covered are contracts, subcontracts, purchase orders, task orders, and delivery orders.

Individual transactions below $25,000 aren't included, and before October 1, 2008, credit card transactions won't be covered, either.

Types of Information Covered for Federal Awards

Name of the entity receiving the award;
Amount of the award;
Information on the award including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number (where applicable), program source, and an award title descriptive of the purpose of each funding action;
Location of the entity receiving the award and the primary location of performance under the award, including the city, State, congressional district, and country;
A unique identifier of the entity receiving the award and of the parent entity of the recipient, should the entity be owned by another entity; and
Any other relevant information specified by the Office of Management and Budget.

Will This be Useful?

Hopefully, it will. If nothing else, it will be a rich source of information for political bloggers, who showed with the passage of this bill that they refused to let it not be passed, by working together in a bipartisan manner, to identify some stumbling blocks in its passage: Blogosphere Unites in Pursuit of Masked Senator

A number of those bloggers were invited to the White House to attend a presentation which included the signing of the Bill.

President Bush made a statement at the signing of the Bill. Here's a short snippet from that:

By allowing Americans to Google their tax dollars, this new law will help taxpayers demand greater fiscal discipline. In other words, we're arming our fellow citizens with the information that will enable them to demand we do a better job -- a better job in the executive branch and better job in the legislative branch.

October Conference on Delaware's Waters and Water Policies

2006-09-26T12:38:00.002-04:00

If you are interested in state wide policies and regulations concerning the use of water in Delaware, there's an upcoming conference that you may wish to consider attending. But you need to act quickly. Registration is required by October 2.

A press release from the Delaware Department of Natural Resources and Environmental Control (DNREC) points to a Conference on Delaware Water Policy, set for October 16th at the University of Delaware's Clayton Hall in Newark.

The Conference is a full-day meeting which will examine statewide water policy issues. Registration for the event is required, and the registration form can be found on the University's Water Resources pages. The cost is $25 to attend (which includes materials, lunch, and refreshments), and Senior citizens (65 and over) and students may attend free of charge by registering and requesting complimentary attendance.

The event is sponsored by:

The Water Resources Association of the Delaware River Basin

The Institute for Public Administration

The Water Resources Agency

The Delaware Water Resources Center

The Delaware Section of the American Water Resources Association

The Delaware Department of Natural Resources and Environmental Control

Here's the Agenda for the Conference:

2006 Delaware Water Policy Forum Series No. 6

The Delaware: Challenges and Opportunities Affecting a Working and Environmental River

Program Agenda

7:30 Registration and Refreshments

8:30 Welcoming Remarks
Dr. Jerome Lewis, Director
Institute for Public Administration, University of Delaware
Dr. Thomas Sims, Director
Delaware Water Resources Center, University of Delaware

8:50 Keynote Speaker - Water Resources Association of the Delaware River Basin
Robert Molzahn, President

Overview of the Delaware River Basin and the competing environmental, industrial and economic issues in the Basin

9:25 Roundtable Panel Discussion - Challenges and Opportunities for a Working River
Moderator: Robert Tudor, Deputy Director
Delaware River Basin Commission (DRBC)

Regulatory Initiatives
Kevin Donnelly, Director
Division of Water Resources, State of Delaware and Alternate Commissioner to the DRBC

Maintaining the River
Mike Arabatzis, Chief of Planning Division
U.S. Army Corps of Engineers Philadelphia District

Emergency Response
Gerald Conrad
U.S. Coast Guard

Water Supply Concerns
Christopher Crockett, Ph.D., P.E.
Philadelphia Water Department

Maritime Issues
Dennis Rochford
Maritime Exchange for the Delaware River & Bay

Industry Perspectives
Marc Gold, Esq.
Manko Gold Katcher & Fox LLP

10:30 Break

10:45 Roundtable Panel Discussion - Challenges and Opportunities for an Environmental River
Moderator: Gerald J. Kauffman, P.E., Director
Water Resources Agency, Institute for Public Administration, University of Delaware

Reporting on Environmental Conditions: The First State of the Basin Report
Jessica Rittler Sanchez, River Basin Planner
Delaware River Basin Commission

Living Resources, Flora and Fauna in the Delaware Estuary
Kathy Klein, Executive Director
Partnership for the Delaware Estuary

Successes in Fish and Shellfish Restoration in the Delaware Estuary
Roy Miller, Administrator of Fisheries
Delaware DNREC, Division of Fish and Wildlife

The Reemergence of the Delaware Bay Oyster
(Speaker TBD)
Rutgers University, Bivalve Oyster Laboratory

11:45 Audience Survey, Feedback and Discussion of Key Issues
Moderator: William McGowan
Institute for Public Administration, University of Delaware

12:30 Buffet Lunch

1:45 Recent Developments in Water Law and Possible Effects within the Delaware River Basin
Moderator: Robert Collings, Esq.
Schnader Harrison Segal & Lewis LLP

Kenneth Warren, Esq.
Wolf, Block, Schorr and Solis-Cohen LLP and General Counsel to DRBC

Timothy Weston, Esq.
former DRBC Commissioner representing Pennsylvania now with Kirkpatrick and Lockhart Nicholson Graham

3:00 Summary and Wrap-Up
Dr. Jerome Lewis, Director
Institute for Public Administration, University of Delaware

Some information about previous Water Forum Conferences is available on the pages of the Univeristy of Delaware's Water Resources Agency. Here are links to proceedings from previous forums:

Proceedings of Water Policy Forum Series #5
- Water-Friendly Landscape Design: A Prescription for Healthy Watersheds
(1.31MB) published February 2006

Proceedings of Water Policy Forum Series #4
- The Historic Christina Basin: Delaware's First Watershed
(1.3MB) published October 2005

Proceedings of Water Policy Forum Series #3
- Land Use Change and Water Quality: Assessing the Impacts and Planning for the Future
(1.95MB) published July 2004

Proceedings of Water Policy Forum Series #2
- Drought.02: A Debate and Panel Discussion Concerning Water Supply Policy in Delaware
(640K) published February 2003

Other publications from the Water Resouce Agency

This looks like it could be a pretty interesting Conference.

Monday Night Football in New Orleans

2006-09-25T13:42:00.000-04:00

Our favorite New Orleans legal blogger, Ernie the Attorney, will be providing some insight and commentary, and even some roving reporters, on the the incredible proliferation of media that has come to his home city tonight, starting with his post: Monday Night Football Madness comes to New Orleans.

I'm looking forward to watching the game, and happy to see the energy and excitement around it. I'll also be cheering for the Saints in this one.

Keeping an Eye on Hewlett-Packard

2006-09-25T11:21:00.000-04:00

Hollywood couldn't write a script this compelling. How does a company protect its trade secrets? Should spying upon your own board members and tapping their phone conversations be a routine business practice?

Hewlett-Packard had a problem with information discussed only in board meetings finding its way to journalist ramblings in the news. What steps do you take in that situation? The Christian Science Monitor probes some of those issues in The changing rules of corporate spy games.

A Dow Jones MarketWatch article notes that "Hewlett-Packard Co. is ranked second on Business Ethics magazine's 100 best corporate citizens for 2006" and the article points to some specific reasons why. But, in light of the company's methods to uncover sources of leaks, the good will gained from such efforts comes under question.

One of the questions that many companies should be asking themselves in light of this drama being played out in public, with news of SEC investigations, and questioning by the US House of Representatives, is how they can keep themselves from finding themselves in a similar situation? How can they plan before hand to handle problems like the ones that Hewlett-Packard faced in a manner that can be viewed in a positive manner?

Alex Simpson, at Corporate and Securities Law Blog, has been posting a storm about issues involving Hewlett-Packard recently, including today's post - HP Part XXXI -- Now Look What HP Has Dunn...

Newark Electric Woes - More than Meets the Eye?

2006-09-24T17:12:00.000-04:00

Yesterday and Today I read in the News Journal that the City of Newark had tried to raise the U of D electric rates without raising the other electric customers' rates.

Most of the story in the paper is asking why did the City attempt to raise the UD's in violation of the contract between the City and the UD (which aparently limits the UD rate increases to the increases applied to other Newark electric customers).

I suspect that the real story is... why didn't the City raise the electric rates for all of its customers? And how much is that going to cost the city?

Doesn't the City of Newark buy its electricity elsewhere? Didn't all of those costs raise dramatically several months ago? All except the re-sold Newark electricity.

If Newark is having to pay more for its electricity now, and it hasn't raised its rates, I suspect that the loss to the City will be much larger than the reported 1.5 Million or 1.7 Million that it will lose from the UD contract.

I think that more needs to be learned about this problem.

Delaware Local History - A Look at Delmar

2006-09-20T12:55:00.000-04:00

As a big fan of local history, I couldn't read this article in The Daily Times, and not make a brief post about it. The author, Brice Stump takes a look at the history of one of Delaware's towns in Delmar: Too big for one state.

Delmar straddles both Delaware and Maryland, and owes its existence to a desire to stretch a rail system to the Maryland border in the 1800s. I've never visited Delmar before, but now I'd like to see it. Nice story.

Aggregating Useful Information: Delaware Legal Notices

2006-09-20T11:54:00.000-04:00

There are sites that aggregate content from other sites on the web, such as Google News, and provide a useful and valuable service. Others scrape content from different web sites around a certain theme or phrase, and try to rank highly in search engines while selling advertising on those pages.

Those second kind of aggregation sites are annoying, especially when you come across them while attempting to search for something. But a site that aggregates information from a wide variety of sources, and makes it easy to find useful and helpful information is a wonderful thing.

Tim Converse is the person at Yahoo who is in charge of trying to keep spam web pages from showing in search results. He describes some of the other sites that bring together information from different sites and sources in a post titled simply Aggregation.

Delaware blogger Mike Mahaffie points out one of those wonderful aggregation sites that can make things a lot easier for people in the legal profession in Delaware.

The site is Delaware Public Notices, and it collects together the legal notices that you see in the classified sections of newspapers around the State. The site is a joint effort between the newspapers of Delaware, and the Maryland - Delaware - DC Press Association (MDDC).

The types of notices shown include:

Name Changes,

Family Court proceedings, including things such as Divorce Actions, Protection from Abuse Hearings, Custody Actions,

Public Notices of Meetings and Regulatory Actions from Delaware Government Agencies,

Requests for Proposals and Invitations to Bid for Government Contracts,

Notices of Public Sales,

Merger and Acquisition Notices,

Applications for Liquor Licenses and other Licenses,

Notices of Rules to Show Cause in Delaware Courts,

Notices of Approval for Work Release and Supervised Custody for Delaware Inmates,

Abandoned Property and Escheat Notices,

Mechanics Liens and Garagekeeper Sales Notices,

Government Seizure Notices,

Sheriff Sales of Property Notices,

Administration of Estates and Appointments of Administrators from the Register of Wills, and;

Other publicly published notices as required by law

It's nice to have these all together in one place.

The legislature of the State of Delaware was considering altering the requirements to post such legal notices in newspapers - instead making such notices available electronically in one centralized place. They haven't made a decision yet whether to do that or not, but a site like this one makes it easier for people to learn of notices published in a wide variety of papers in the State.

I've added the site in our navigation on the left, since I figure we will be visiting the site on a regular basis.

Estate Auction of Note

2006-09-19T13:39:00.000-04:00

I noticed the following item while searching through Google News for stories about Delaware legal issues in the news: Delaware Statesman's Personal Effects Slated for Estate Auction.

On October 14th, an estate sale will be held for the Estate of one of Delaware's most respected political figures, former Delaware Governor Elbert N. Carvel. I hope that some representatives from the State will be present to bid on some of the political memorabilia from the estate - so that it can be shared with the residents of Delaware.

Celia Cohen wrote a thoughtful post last year, when Governor Carvel past away, which describes his impact upon the State, including an effort to spearhead the creation of a separate Delaware Supreme Court - Gov. Elbert N. Carvel, 1910-2005. A snippet from her article:

Carvel was a fearless politician, that rare breed, and he pressed the state to go in directions it did not necessarily want to go. In the 1960s he opposed the death penalty and favored a public accommodations law, civil rights era legislation that opened public places like restaurants and hotels to all, including African-Americans. He paid for it politically and personally.

The Historic Society of Delaware has a great gallery of photos from Governor Carvel's political career - Remembering Elbert Nostrand Carvel

The main administrative State Office Building in Wilminton is named after Governor Carvel, as well as a University of Delaware Research Center in Georgetown Delaware.

The front page of the auctioneer's site points to the online catalog for the estate sale, which includes such things as signed letters from John F. Kennedy, Jacqueline Kennedy, Harry Truman, Lyndon B. Johnson, and Bill Clinton, as well as finely detailed scrapbooks from the Governor covering his time in office, and other political memorabilia.

Celebrate Constitution Day with Delaware Law Office, as We Turn Five

2006-09-18T10:46:00.000-04:00

It was five years ago, on September 10, 2001, that the Delaware Law Office blog started with a post about a practice in Family Court of Delaware of returning documents that were deficient in some manner, in a way which could be harmful to a case in that Court. The post asked for a reform of the system, and a careful solution that would make sure that people got their day in Court, regardless of a failure to do the paperwork correctly. A snippet from the post:

Currently there is a form utilized by non-judicial court personnel, as a cover, for their return of these documents to the filing attorney or pro-se individual. Frequently there is no specified Court Rule or statute cited, that the filing party is accused of violating. Frequently no reason is given except that the Clerk deems it so. In these cases the filing party usually already has clocked in his filing and relied upon that filing date with respect to the fulfillment of his or her legal responsibilities for the case. It may not be for a week or more later that the original filing is removed by the clerk, and sent back to the filer.

This removal of a filing from the Court's file, and thereby possibly changing the sequence of the filing of documents, can have dramatic legal consequences to the status of a case. And these actions are being taken by persons without any legal training? It is true that advising a party of a potential deficiency is a valuable tool in identifying and correcting errors before those errors travel through the lengthy path of litigation. But are we not substituting one set of errors for another, rather than resolving them when we have untrained individuals passing sentence upon legal filings that have been prepared, reviewed and signed by a member of the bar, and when these same untrained individuals unilaterally and without oversight take such action as to remove a filing from the Court?

We started with a bright promise there, only to experience an event the next day that transformed our nation in a number of ways, when the World Trade Centers came under attack. We didn't post that next day, or for many days after that. But we did resume posting, and the blog has covered a number of topics about Delaware, Delaware legal cases, federal law, privacy, security, and many other topics. We've made lots of friends around the country, and around the world through the blog, and would like to thank everyone who has read a few posts here, commented on something written, linked to the blog, visited the law office itself, and written on their own sites about something found here.

Posting has been light at the blog recently, and we hope to revitalize our efforts to keep informed of the legal issues around us on a local, state, national, and international level, ans share information about those here. We also will continue to share some of the personal issues that we face on a regular basis. Blogging has enabled us to reach out and share with others, and given us the opportunity to listen to those who want to discuss topics we've written about, and others. Thanks profusely for everyone who has been involved in the growth and development of this blog.

We also want to celebrate Constitution Day, which fell on a Saturday this year. Former Secretary of State Gen. Colin Powell will lead the nation?s school children in reciting the Preamble to the Constitution at 2 p.m. EST. A belief in the ideas expressed within the Constitution is what gives us the ability to post our thoughts and opinions in this blog.

Delaware is often referred to as the "First State." The National Archives page on the Ratification of the Constitution shows why, with Delaware being the first state to ratify the Constitution. The page has a link to the document signed by representatives of Delaware, which ratified the Constitution.

Some other links involving Constitution Day:

Constitution Day and Citizenship Day, Constitution Week, 2006
A Proclamation by the President of the United States of America

The First State Celebrates Constitution Day 2006
A statement by Governor Ruth Anne Minner

Delaware and the Bill of Rights
A page about the US Constitution from the University of Delaware Library

An Enduring Constitutional Democracy
The Rev. Canon Lloyd S. Casson on the Constitution and Constitutional Rights

Here's the conclusion from Rev. Casson's essay, which I think needs to be heeded:

At 2:00 P.M. on September 18, when General Powell leads the Preamble, I will thankfully remember his and my ancestors, and the many good citizens of this Democracy whose long suffering struggles, sacrifices and actions have removed much of what was wrong with the original document. I will pray from the bottom of my heart that my continued prayers and struggle to help achieve liberty, peace and justice for all here and abroad will, with God giving me strength, bear fruit and contribute to the legacy of an enduring, flourishing constitutional democracy. I pray that you will join me.

The Constitution is only a piece of paper. It's our belief, and our struggles together that make the ideas found within the constitution come to life. The Constitution doesn't guarantee us rights - rather it gives us the right to fight for, and protect those rights.

Thank you for sharing with us this Constitution Day, and the fifth anniversary of the Delaware Law Office Blog.

A Step Forward for Loser Pays in Delaware

2006-09-07T08:41:00.000-04:00

In July of this year, Governor Minner signed House Bill 454 into law. This law mandates mediation and a Trial before a Master if mediation fails, in suits brought before Chancery for deed restriction enforcement.

AND, it contains a loser pay provision! Woot!

Interestingly, not only does it allow for the loser to pay, it presumes it. Look at the language of that part here:

The nonprevailing party at a trial held pursuant to the provisions of this section must pay the prevailing party's attorney fees and court costs, unless the Court finds that enforcing this subsection would result in an unfair, unreasonable, or harsh outcome

Now, people will be encouraged to act (and litigate) in good faith. Well, at least as far as this type of case.

This new section is 10 Del.C. 348.

Revenuers Raid Senior Citizens

2006-09-01T07:42:00.000-04:00

Partial word is arriving from the Mountains of Western North Carolina, where reportedly Federal Revenue agents yesterday raided a senior citizen compound at Land Harbor. Bingo, shuffleboard, bridge, and poker games were shut down. With average big prize winners from the $2.50 range for a full night of bridge, its hard to see how the IRS trip was cost effective.

No stills or other liquor operations were discovered.

No injuries have been reported.