Archive for the ‘Uncategorized’ Category

2012 in review

The WordPress.com stats helper monkeys prepared a 2012 annual report for this blog.

Here’s an excerpt:

19,000 people fit into the new Barclays Center to see Jay-Z perform. This blog was viewed about 85,000 times in 2012. If it were a concert at the Barclays Center, it would take about 4 sold-out performances for that many people to see it.

Click here to see the complete report.

Happy 2nd Anniversary Lawdiva!

Lawdiva is 2 years-old today! What have I learned since we launched on May 10, 2010? Lots! Firstly, I realized how high a bar I set when I began publishing 15 to 20 stories each month, while practicing law full-time.

Regular readers have probably noticed that my attention has been focused elsewhere this month. That’s because I am scrambling to get everything done before my husband and I head to China and Thailand in a few days. I expect to cover some interesting, quirky legal stories from those two countries while I am away.

I also learned what a crazy, mixed-up world we live in and that despite the rule of law, if the justice system can go awry, it will. I found that foreign legal systems struggle with the same issues we do and that Canadian lawyers and judges have the same concerns as their counterparts worldwide, namely, the delay, cost, confusion and rigidity of our court systems and the perception that “justice for all” is an illusory target.

I discovered that the American justice system is very different from our Canadian experience and have mined the most interesting stories from below the 49th parallel.

What can I say about my readers? Firstly, that I am grateful for their interest and passion in responding to my stories and my opinions. I can also say that most of them are not shy about how they feel and what they think.

I have been applauded, lauded, and encouraged by many. I have also been chided, scolded, criticized, and condemned by others. All in all, the debate is always lively and spirited and I appreciate your views, both salutary and savage.

Since mid-2011 many of my stories have been published by the Huffington Post and Postmedia Canada and all of them are available on my Facebook page, where comments also abound, and on Twitter.

Thanks to everyone and here’s to more happy writing and reading. Cheers!

Lawdiva aka Georgialee Lang

Goodbye 2011— Hello 2012

The WordPress.com stats helper monkeys prepared a 2011 annual report for this blog.

Here’s an excerpt:

The concert hall at the Syndey Opera House holds 2,700 people. This blog was viewed about 52,000 times in 2011. If it were a concert at Sydney Opera House, it would take about 19 sold-out performances for that many people to see it.

Click here to see the complete report.

For Unto Us a Child is Born…The Prince of Peace

“For unto us a child is born, unto us a son is given: and the government shall be upon his
shoulder: and his name shall be called Wonderful, Counsellor, The Mighty God, The everlasting Father,
The Prince of Peace.”

Isaiah 9:6

Lawdiva aka Georgialee Lang

T’was The Night Before Christmas (In Legalese)

Whereas, on or about the night prior to Christmas, there did occur at a
certain improved piece of real property (hereinafter “the House”) a general
lack of stirring by all creatures therein, including, but not limited to a
mouse.

A variety of foot apparel, e.g. stocking, socks, etc., had been affixed by
and around the chimney in said House in the hope and/or belief that St. Nick
a/k/a/ St. Nicholas a/k/a/ Santa Claus (hereinafter “Claus”) would arrive at
sometime thereafter.

The minor residents, i.e. the children, of the aforementioned House were
located in their individual beds and were engaged in nocturnal
hallucinations, i.e. dreams, wherein vision of confectionery treats,
including, but not limited to, candies, nuts and/or sugar plums, did dance,
cavort and otherwise appear in said dreams.

Whereupon the party of the first part (sometimes hereinafter referred to as
“I”), being the joint-owner in fee simple of the House with the parts of the
second part (hereinafter “Mamma”), and said Mamma had retired for a
sustained period of sleep. (At such time, the parties were clad in various
forms of headgear, e.g. kerchief and cap.)

Suddenly, and without prior notice or warning, there did occur upon the
unimproved real property adjacent and appurtent to said House, i.e. the
lawn, a certain disruption of unknown nature, cause and/or circumstance. The
party of the first part did immediately rush to a window in the House to
investigate the cause of such disturbance.

At that time, the party of the first part did observe, with some degree of
wonder and/or disbelief, a miniature sleigh (hereinafter “the Vehicle”)
being pulled and/or drawn very rapidly through the air by approximately
eight (8) reindeer. The driver of the Vehicle appeared to be and in fact
was, the previously referenced Claus.

Said Claus was providing specific direction, instruction and guidance to the
approximately eight (8) reindeer and specifically indentified the animal
co-conspirators by name: Dasher, Dancer, Prancer, Vixen, Comet, Cupid,
Donner and Blitzen (hereinafter “the Deer”). (Upon information and belief,
it is further asserted an additional co-conspirator named “Rudolph” may have
been involved.)

The party of the first part witnessed Claus, the Vehicle and the Deer
intentionally and willfully trespass upon the roofs of several residences
located adjacent to and in the vicinity of the House, and noted that the
Vehicle was heavily laden with packages, toys and other items of unknown
origin or nature. Suddenly, without prior invitation or permission, either
express or implied, the Vehicle arrived at the House, and Claus entered said
House via the chimney.

Said Claus was clad in a red fur suit, which was partially covered with
residue from the chimney, and he carried a large sack containing a portion
of the aforementioned packages, toys, and other unknown items. He was
smoking what appeared to be tobacco in a small pipe in blatant violation of
local ordinances and health regulations.

Claus did not speak, but immediately began to fill the stocking of the minor
children, which hung adjacent to the chimney, with toys and other small
gifts. (Said items did not, however, constitute “gifts” to said minor
pursuant to the applicable provisions of the U.S. Tax Code.)

Upon completion of such task, Claus touched the side of his nose and flew,
rose and/or ascended up the chimney of the House to the roof where the
Vehicle and Deer waited and/or served as “lookouts.” Claus immediately
departed for an unknown destination.

However, prior to the departure of the Vehicle, Deer and Claus from said
House, the party of the first part did hear Claus state and/or exclaim:

“Merry Christmas to all and to all a good night!” Or words to that effect.

Author Unknown

MERRY CHRISTMAS AND PEACE ON EARTH, GOODWILL TO ALL MEN (and boys, girls and women)

Lawdiva aka Georgialee Lang

GUEST POST: Is Revenge Part of Who We Are?

Revenge is an integral part of the human experience. From the book of Exodus in the Bible, where “eye for an eye” justice prevailed, to Shakespeare’s Hamlet, to the vendettas or blood feuds of the mafia, the concept of revenge has long been intertwined with our beliefs about justice. Not everyone believes revenge solves any problems, but in terms of forensic psychology, why do some people still pursue the ancient justice of “getting even” while others “live and let live”? The answer may surprise you.

Whether you call it revenge, retribution, vengeance, or payback, the idea remains the same. We turn to revenge to seek recompense for being wronged. Anthropologists theorize revenge goes back to our earliest days as a primitive sense of justice. The infliction of pain or loss equal to what we endured strikes at the heart of our experience, the overwhelming desire to right the wrongs in our lives.

Dr. Susan Whitbourne identifies three components of why we seek revenge. The first concept, equity, describes the ideal of balance and fairness we want in our relationships with others. Many people intellectually realize that complete equitability in all areas of life is futile (think about your relationship with your boss), but when slighted by a spouse or coworker we seek to “even the score.” Quite often, that gut-level reaction provokes us to exact a far greater cost from our offender than the original offense. Our reaction sparks retaliation from the original offender, and the cycle of revenge continues indefinitely if unchecked.

Whitbourne’s second reason we seek revenge is a physical or psychological threat to our identity. When a part of our identity (whether gender, ethnicity, or nationality) comes into question or under attack we seek to right the wrong by striking back to protect ourselves. The most commonly cited example of a schoolyard fight involves two boys (or girls) defending their identities against perceptions of inferiority or weakness. In our adult lives, this plays out when we turn our anger against a common foe, as seen in the response of many Americans after the September 11th attacks. In this mode, revenge can take on a far greater scope and even serve as a unifying force.

Betrayal is the final reason we take revenge. When we feel wronged by another person or institution, the instinct to strike back and hurt our antagonist takes charge. We see this dynamic acted out repeatedly when wives destroy the property of their unfaithful husbands, unsatisfied diners post a negative review of a restaurant when they receive poor service, or customers feel scammed when refused a refund for poorly made merchandise.

Shakespeare even devoted one of his best-known plays to betrayal. Joanna Byles provides a fascinating analysis of Hamlet, and the fundamental motivation of the eponymous character. Using Freudian psychoanalysis, Byles illuminates that like many of us Hamlet is driven by an inherent and deeply seated need for justice, a need we seek to fulfill through revenge. In Hamlet Shakespeare holds a mirror to our darker urges in an effort to show us how Hamlet’s desire to avenge the wrongs done him ultimately leads to ruin.

If there is a primal need for revenge, what impels some to seek it and others to turn away? The two limiting factors on whether we enact revenge are surprisingly obvious. Pragmatism comes first: if we can’t see a practical or material gain from revenge, chances are we won’t pursue it. The second reason affects us if a group opposes us morally or ethically. The Count of Monte Cristo aside, it turns out the desire for retribution doesn’t stand a chance if we’ll suffer greater mental or physical costs in carrying it out.

Revenge can’t be attributed to any positive emotional gains. At the core, anger drives revenge, and while it may feel good at the time, studies show both parties suffer from anger’s effects. As the saying goes, “anger is like taking poison and waiting for the other person to die.” So the next time you look for justice, consider a route other than revenge, for your own sake if nothing else!

Author ALLISON GAMBLE has been a curious student of psychology since high school. She brings her understanding of the mind to work in the weird world of internet marketing with forensicpsychology.net

My 9/11 Tribute- Ten Years Later

It’s been ten years. The anger has wafted away, but the sorrow still remains. The destruction of New York’s twin towers changed life in North America as we knew it. No longer were bombed embassies, blasted hotels and fire-ravished buses with tourists, something that happened to people we didn’t know, who lived in places we’d never been to.

Now it was on home turf and for those who missed Pearl Harbour and the Bay of Pigs, it was a startling reality check. Terrorists were no longer boogey men who murdered in Egypt, Israel, Algeria, Pakistan, Nairobi, Yemen, India, and other faraway places. They had arrived on our shores with their venomous agenda.

And, so ten years later, has the fear retreated? Did it make us feel safer that several months after 9/11 Guantanamo held 536 Al Qaeda devotees or that Saddam and Bin Laden were later captured and killed?

How could it? One only has to consider the continuing terrorist turmoil in our world including the Bali bombings in 2002, the Madrid train bombings in 2004, the American Embassy attack in Yemen in 2008, and hundreds of other violent incursions into our everyday life. Not here, but over there.

My friend Pat from Atlanta Georgia was celebrating a family birthday in England in September 2001, reveling in the pageantry of Buckingham Palace, the Tower of London and other historic tourist sites.

Taking the Chunnel to Paris, Pat and her daughter checked into a small hotel where they were greeted by their Parisian host, who immediately offered his sympathy. Pat had no idea what he was talking about and so he ushered her behind his counter where a television set showed footage of hundreds of New Yorkers enveloped in grey crud, running for their lives.

As Pat recounted the story to me this week, her eyes filled with tears remembering the horror of that day and the kindness of strangers. At Pat’s hotel a meeting room had been set up for the hotel’s American guests where they could be together to share their shock, vent their anger and cry their tears.

France was also in mourning and in recognition of the enormous loss of life, church bells rang throughout Paris, a clanging that brought comfort to my friend.

Days later she was on a plane back to Atlanta, where at one of America’s busiest airports she stood on the arrivals floor. There was not another soul in sight.

Months passed and as she was driving in downtown Atlanta, she suddenly burst into tears, as feelings of despair and loss overwhelmed her.

Now, as Pat tells me her story, the grief resurfaces. She says it’s not enough to remember just once a year. She wonders why it has taken ten years to complete the 9/11 Memorial at Ground Zero. She prays for America.

We should all pray for America.

Lawdiva aka Georgialee Lang

Lawdiva’s Update on Recent Stories

Lawdiva Updates:

1. “You Can Marry in Malta, But You Can’t Divorce”-May 28, 2011

The Maltese voted 53% in favour of legalizing divorce in Malta. Philippines remains the only country in the world that does not permit divorce.

2. “Judge Calls His Stint in Juvenile Court “little prick day” “- April 30, 2011

Judge Fuller of South Dakota has been told that if he does not retire, he will be suspended without pay for six months, followed by a period of probation. If he violates his probation he will be summarily dismissed. HIs normal retirement date would be in 2013.

The Judicial Commission found that his behavior on the bench was both rude and racist and brought the administration of justice into disrepute.

3. “The Twisted World of Courtney Love”- January 22, 2011

Courtney Love was sued by a Texas fashion designer when Ms. Love defamed the designer with a series of libelous tweets on Twitter. Just before the trial was to commence Ms. Love settled the suit, however, her Twitter woes are far from over.

The latest on Ms. Love and her indiscriminate tweeting is another lawsuit for defamation, this one filed by her former lawyers, who she engaged to help her with settling the estate of her late husband Curt Cobain.

Lawyer Rhonda Holmes of San Diego apparently advised Ms. Love to clean up her act and refrain from her ongoing substance abuse. Love was insulted and fired Ms. Holmes, however, later when Love tried to rehire Ms. Holmes, she refused to act for her.

Courtney Love tweeted that her lawyer, Rhonda Holmes, had been “bought off”, and hence, the new lawsuit.

4. “Lovelorn Sue Match.com”- January 20, 2011

Match.com is one of the largest American internet dating sites and one of the most financially successful. While the company is currently dealing with a class action brought by disgruntled clients, as referred to in my story dated January 20, they have a new problem on their hands.

A Los Angeles client of Match.com has sued the company in April 2011 after she was sexually assaulted by a date set up by Match.com. When the victim investigated the man’s background, she found he had a record for sexual battery. The woman is seeking an injunction forbidding Match.com to sign up any new members pending a change in their screening process.

Match.com has announced they will now begin screening their clients for criminal records.

Lawdiva aka Georgialee Lang

Rest in Peace Michael Melnitzky

On December 29, 2010 I wrote a story about a former New York Sotheby’s auction executive, Michael Melnitzky, who had been a cracker jack in his vocation, but after a messy divorce spent most of his time engaged in lawsuits of various kinds. (See “Divorce Trials: Obsession or Hobby”)

From time to time the subjects of my stories will contact me either through email or more often, they will post a comment on my blog. I am always flattered when I hear from an individual I have written about, particularly when they want to engage me in a deeper understanding of their circumstances.

About ten days ago I received a cordial, self-deprecating email from Mr. Melnitzky who invited me to contact him to hear the whole story about his life after divorce. I returned his email and arranged to speak to him on the phone. But I never had a chance to make that call. Tonight I learned from his close friend that he committed suicide last evening.

Just a reminder friends that life is frail and peace is sometimes hard to find. I pray for Michael’s soul and hope he is now at rest. RIP

Lawdiva aka Georgialee Lang

Happy Anniversary Lawdiva!

Today is the first year anniversary for my blog Lawdiva and it’s been quite a ride!

Lawdiva was born out of the realization that the book I was writing would not get finished so long as my legal career continued to interfere. (Funny thing how work has to come first!) After completing three chapters of a non-fiction, true crime story, I put it down and launched lawdiva.wordpress.com. (However, like a phoenix, my book will rise again!)

I hoped, and was pleasantly surprised to find that people from all over the world liked to read about interesting and quirky lawyers and judges, and tales of family law and criminal law, in a format of about 500 words.

To date, I have written 223 stories and received 555 comments from readers, not counting the comments my blog receives from twitter and facebook.

On October 28 2010, as an infant of five months, Lawdiva was named Canada’s Best Law Blog for 2010, thanks to my readers, friends and family.

A month ago Lawdiva caught the attention of Postmedia (formerly CanWest media and owner of most of the English language newspapers in Canada). Editor Derek Shelley invited me to contribute some stories to the pre-election debate. Four stories were published and can be found at canada.com if you google georgialee lang on their webpage. They can also be found right here on Lawdiva under the titles “Fighting Crime in Canada”; “Canadian Family Law System Decimates Families”; “Canada’s Failed Immigration Policies”; and “Is it Time to Elect Our Judges?”

These stories were also published in the Calgary Herald, Edmonton Journal, The Province, Vancouver Sun, Windsor Star, Montreal Gazette, Charlottetown Guardian and New Brunswick’s Telegraph-Journal.

A big THANK YOU to the thousands of visitors who come each month from Canada and the United States and from other far-flung regions of our world including: Kenya, Malaysia, Malta, India, Australia, Pakistan, Iran, Brazil, Mexico, El Salvador, the United Kingdom, Scotland, France, Germany, Spain, Belgium, Turkey, South Africa, New Zealand, Norway, Russia, the United Arab Emirates, Lebanon, China, Philippines, Sri Lanka, Azerbaijan, Egypt, Abu Dhabi, Japan, Italy, Luxembourg, Iceland, Israel, Saudi Arabia, Korea, Lithuania, Estonia, Mauritius, and Singapore. ( If I have missed your country, I apologize.)

Finally, Lawdiva is ranked #287 of over 7000 law blogs from all over the world on Justia Blawg, quite a feat for a one year-old baby!

Lawdiva aka Georgialee Lang

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