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Cory S. Clements
49 followers -
Attorney and plain-language enthusiast
Attorney and plain-language enthusiast

49 followers
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Cory S.'s posts

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I just uploaded a new blog post. When was the last time you "Googled" yourself? Doing regular checkups may help you discover that you are also a celebrity on a Russian website.

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Spell Check, in this case, could have gone a long way to make this point stronger.
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Two examples of people not thinking about what they were writing.
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Spell Check Cannot Substitute for a Brain (2 photos)
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Dear Lexis Advance Law Schools Beta,


This is the third time I am submitting the same feedback. It is really a simple programming issue that will make a much more user-friendly Lexis Advance.

The three drop-down menus below the search bar for specifying a search are Content, Jurisdiction, and Practice Area.

If you click one of these buttons, the drop-down menu appears. There are a list of options and then in the bottom right there are two button: OK and CANCEL. These buttons are pointless. Why not change the drop-downs so that after marking the check boxes next to the specific content choices, those choices are auto-saved by the user clicking anywhere outside the menu? Or by clicking the menu button again?

Currently you have set the user action of re-clicking on the menu button itself or clicking anywhere outside the menu to effectively act as the cancel button. Why? What point does the cancel button serve then?

I propose you keep the cancel button and eliminate the OK button. The action of clicking the menu button itself, or clicking anywhere outside the menu, would then serve as the OK button.

Or, better yet, eliminate both the OK and the CANCEL buttons and replace them with a CLEAR ALL button. A CLEAR ALL button could serve to reset each menu to its defaults.

The current myriad ways of cancelling/negativing my content choices is illogical. The selection process should be reversed. Human psychology tells you that the button that you use to open a menu should also be the button that you use to close a menu. And when I close a menu, I expect that my content choices are saved automatically.

While this may be a simple suggestion, I simply do not want to use the product if my simple content choices do not automatically save themselves after I select them from the drop-down menu. If you want to make a product like Google, you have to think hard about simplicity.

Best regards,

Cory S. Clements

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Classic Scalia. I came across this dissent to an order denying four petitions for writ of certiorari:

If it is uncertain how this Court will apply Sykes and the rest of our ACCA cases going forward, it is even more uncertain how our lower-court colleagues will deal with them. Conceivably, they will simply throw the opinions into the air in frustration, and give free rein to their own feelings as to what offenses should be considered crimes of violence—which, to tell the truth, seems to be what we have done. (Before throwing the opinions into the air, however, they should check whether littering—or littering in a purposeful, violent, and aggressive fashion—is a felony in their jurisdiction. If so, it may be a violent felony under ACCA; or perhaps not.)


Derby v. United States, No. 10–8373, 564 U.S. _, slip. op. at 4 (June 27, 2011).
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My Comment in Response to the "Romney's Health Care Problem" Post:

Mitt Romney's position is logically consistent. The problem lies in making an overly simplified analogy between 'RomneyCare' and 'ObamaCare.' Both plans have health insurance exchanges. Both plans subsidize health insurance costs. Both plans have an individual mandate. Thus, both plans clearly are the same?

The very first sentence of your Analysis sums up the gaping difference between the Massachusetts Healthcare Reform and the PPACA---a critical fact that Romney's opponents conveniently omit when they criticize Romney for allegedly changing his position on healthcare---Massachusetts is a state and the United States of America is not a state. This fact should not have to be spelled out for the public. Our educational institutions are likely to blame for ineffectively teaching why state governments are different than the federal government and vice-versa.

The Tenth Amendment and the Commerce Clause (art. 1, sec. 8) of the United States Constitution provide a good starting point. States have the police power, allowing them to regulate areas and enact laws to provide for the general welfare, health and safety of their citizens. There is no federal police power (in theory, at least). But Congress has gained increasingly more power over the years, resembling a "federal police power," through its efforts at combining its power to regulate commerce among the states and its general power to enact "all Laws which shall be necessary and proper for carrying into Execution" all of the powers listed in the Constitution. U.S. CONST. art. I, § 8, cl. 18.

In his role as governor of a state, Romney's political views on laws enacted to provide for the general welfare, health and safety of the state's citizens (i.e., healthcare reform) were no different than are his current views on those same STATE issues. Romney still believes that state-based healthcare reform is a good thing. The difference is that Romney's views on state-based efforts are not the same (nor can they be the same) as his views on federal-based efforts to do what the states should be doing.

Clearly it is much easier to construct a "straw man" version of Romney's views on healthcare reform, comparing "RomneyCare" to "ObamaCare"---or in the words of once-hopeful presidential candidate Tim "T-Paw" Pawlenty, "ObamneyCare."

Romney can embrace the Massachusetts Reform while at the same time reject the federal reform. But the public is more likely to respond to false and facile analogies between state policy and federal policy than respond to arguments about the principles of federalism.

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Cory S. Clements changed his profile photo.
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Cory S. Clements changed his profile photo.
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