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	Comments on: January 18 roundup	</title>
	<atom:link href="https://www.overlawyered.com/2010/01/january-18-roundup-2/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2010/01/january-18-roundup-2/</link>
	<description>Chronicling the high cost of our legal system</description>
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		By: Update: judge dismisses vision-impaired gamer&#8217;s suit against Sony		</title>
		<link>https://www.overlawyered.com/2010/01/january-18-roundup-2/comment-page-1/#comment-83670</link>

		<dc:creator><![CDATA[Update: judge dismisses vision-impaired gamer&#8217;s suit against Sony]]></dc:creator>
		<pubDate>Tue, 16 Feb 2010 12:24:29 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15640#comment-83670</guid>

					<description><![CDATA[[...] A California federal judge has dismissed Alexander Stern&#8217;s case against the Japanese entertainment company, ruling that online multiplayer games such as EverQuest, unlike bricks-and-mortar establishments, are not &#8220;places of public accommodation&#8221; under the Americans with Disabilities Act [OnPoint News, opinion in PDF courtesy OnPoint, earlier here and here] [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] A California federal judge has dismissed Alexander Stern&#8217;s case against the Japanese entertainment company, ruling that online multiplayer games such as EverQuest, unlike bricks-and-mortar establishments, are not &#8220;places of public accommodation&#8221; under the Americans with Disabilities Act [OnPoint News, opinion in PDF courtesy OnPoint, earlier here and here] [&#8230;]</p>
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		<title>
		By: January 22 roundup		</title>
		<link>https://www.overlawyered.com/2010/01/january-18-roundup-2/comment-page-1/#comment-82250</link>

		<dc:creator><![CDATA[January 22 roundup]]></dc:creator>
		<pubDate>Fri, 22 Jan 2010 13:27:57 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15640#comment-82250</guid>

					<description><![CDATA[[...] Joe&#8217;s Enabler&#8221; [Radley Balko on Maricopa County D.A. Andrew Peyton Thomas; earlier here, here, [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] Joe&#8217;s Enabler&#8221; [Radley Balko on Maricopa County D.A. Andrew Peyton Thomas; earlier here, here, [&#8230;]</p>
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		<title>
		By: William Nuesslein		</title>
		<link>https://www.overlawyered.com/2010/01/january-18-roundup-2/comment-page-1/#comment-82230</link>

		<dc:creator><![CDATA[William Nuesslein]]></dc:creator>
		<pubDate>Thu, 21 Jan 2010 16:29:41 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15640#comment-82230</guid>

					<description><![CDATA[I found Ms. West&#039;s paper on homeschooling terrific. Some thoughts:

a) Between them the Presidential and vice-presidential Republican candidates in the 1964 election had but two terms of schooling, and President Lincoln had both of them. Mr. Johnson&#039;s wife thaught him reading. President Obama is but one of many who are inspired by the words of Lincoln. So just what is the benefit of schooling?

b) I am amazed that people turn down a benefit that costs governments $8,000 a year or so without any break from their property taxes. 

c) I recall fondly my friends in school. I question any parent&#039;s decision to deny his child&#039;s access to shoollhouse friends. 

d) Back when  Dick Armey was majority leader of the House, there was a proposed regulation to require proof of competency for home schools. The congressmen were instantly inundated by their constituencies and the regulation was summarily trashed. 

I did not home school my children, and I wish that the practice was rare. But if that is what people want, then God Bless Them.]]></description>
			<content:encoded><![CDATA[<p>I found Ms. West&#8217;s paper on homeschooling terrific. Some thoughts:</p>
<p>a) Between them the Presidential and vice-presidential Republican candidates in the 1964 election had but two terms of schooling, and President Lincoln had both of them. Mr. Johnson&#8217;s wife thaught him reading. President Obama is but one of many who are inspired by the words of Lincoln. So just what is the benefit of schooling?</p>
<p>b) I am amazed that people turn down a benefit that costs governments $8,000 a year or so without any break from their property taxes. </p>
<p>c) I recall fondly my friends in school. I question any parent&#8217;s decision to deny his child&#8217;s access to shoollhouse friends. </p>
<p>d) Back when  Dick Armey was majority leader of the House, there was a proposed regulation to require proof of competency for home schools. The congressmen were instantly inundated by their constituencies and the regulation was summarily trashed. </p>
<p>I did not home school my children, and I wish that the practice was rare. But if that is what people want, then God Bless Them.</p>
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		<title>
		By: Le Mur		</title>
		<link>https://www.overlawyered.com/2010/01/january-18-roundup-2/comment-page-1/#comment-82167</link>

		<dc:creator><![CDATA[Le Mur]]></dc:creator>
		<pubDate>Tue, 19 Jan 2010 16:46:26 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15640#comment-82167</guid>

					<description><![CDATA[Has anyone else noticed that the winners (and 2nd, 3rd place, etc) of spelling and geography &quot;bees&quot; are usually home-schooled?  

My favorite of West&#039;s complaints was the one about kids not being politically indoctrinated properly.]]></description>
			<content:encoded><![CDATA[<p>Has anyone else noticed that the winners (and 2nd, 3rd place, etc) of spelling and geography &#8220;bees&#8221; are usually home-schooled?  </p>
<p>My favorite of West&#8217;s complaints was the one about kids not being politically indoctrinated properly.</p>
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		<title>
		By: Welcome National Review Online readers		</title>
		<link>https://www.overlawyered.com/2010/01/january-18-roundup-2/comment-page-1/#comment-82158</link>

		<dc:creator><![CDATA[Welcome National Review Online readers]]></dc:creator>
		<pubDate>Tue, 19 Jan 2010 14:59:06 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15640#comment-82158</guid>

					<description><![CDATA[[...] roundup item wondering whether Massachusetts Democrats had secured the requisite photo permissions for women [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] roundup item wondering whether Massachusetts Democrats had secured the requisite photo permissions for women [&#8230;]</p>
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		<title>
		By: Doug		</title>
		<link>https://www.overlawyered.com/2010/01/january-18-roundup-2/comment-page-1/#comment-82115</link>

		<dc:creator><![CDATA[Doug]]></dc:creator>
		<pubDate>Mon, 18 Jan 2010 21:37:26 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15640#comment-82115</guid>

					<description><![CDATA[BG-thanks for the link.  It was a great critique.  I must restate, coming by a couple of times a year to check for abuse is a poor  use of money.  Assuming you ignore &quot;probably cause&quot; and &quot;reasonable suspicion&quot; or whatever standard you need to investigate abuse, CPS does a poor job now investigating those children who are already known to the system as needing protection.  For a law professor to advocate a position reminds me of &quot;those who can do, those who can&#039;t teach&quot;.]]></description>
			<content:encoded><![CDATA[<p>BG-thanks for the link.  It was a great critique.  I must restate, coming by a couple of times a year to check for abuse is a poor  use of money.  Assuming you ignore &#8220;probably cause&#8221; and &#8220;reasonable suspicion&#8221; or whatever standard you need to investigate abuse, CPS does a poor job now investigating those children who are already known to the system as needing protection.  For a law professor to advocate a position reminds me of &#8220;those who can do, those who can&#8217;t teach&#8221;.</p>
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		<title>
		By: VMS		</title>
		<link>https://www.overlawyered.com/2010/01/january-18-roundup-2/comment-page-1/#comment-82100</link>

		<dc:creator><![CDATA[VMS]]></dc:creator>
		<pubDate>Mon, 18 Jan 2010 18:35:04 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15640#comment-82100</guid>

					<description><![CDATA[I did a quick (not thorough) search of New York&#039;s Education Law and found nothing in it requiring the submission of lesson plans for home schooling. If that requirement exists, it is probably in the Commissioner&#039;s Regulations. What I did find was that:

    § 3204. Instruction   required.  1.  Place  of  instruction.  A  minor
  required to attend upon instruction by the provisions  of  part  one  of
  this   article   may  attend  at  a  public  school  or  elsewhere.  The
  requirements of this section shall apply to such a  minor,  irrespective
  of the place of instruction.
 
    § 3233. Penalties.   Except as otherwise provided, a violation of part
  one of this article shall be punishable for the first offense by a  fine
  not exceeding ten dollars or ten days&#039; imprisonment; for each subsequent  offense  by  a  fine not exceeding fifty dollars, or by imprisonment not  exceeding thirty days, or by both such fine and imprisonment.

It seems that the the Endangering the Welfare of a Child, a Penal Law statute, is a bogus charge under the circumstances of this case. 

In any event, the Fonda-Fultonville School District seems to deliver a mediocre education. Whether that&#039;s the fault of the instruction or the pupils cannot be discrned from the data. It would be interesting to see if the regents scores of home schooled students are on par or better.

https://www.nystart.gov/publicweb/School.do?county=MONTGOMERY&#038;district=270601040000&#038;school=270601040001&#038;year=2008]]></description>
			<content:encoded><![CDATA[<p>I did a quick (not thorough) search of New York&#8217;s Education Law and found nothing in it requiring the submission of lesson plans for home schooling. If that requirement exists, it is probably in the Commissioner&#8217;s Regulations. What I did find was that:</p>
<p>    § 3204. Instruction   required.  1.  Place  of  instruction.  A  minor<br />
  required to attend upon instruction by the provisions  of  part  one  of<br />
  this   article   may  attend  at  a  public  school  or  elsewhere.  The<br />
  requirements of this section shall apply to such a  minor,  irrespective<br />
  of the place of instruction.</p>
<p>    § 3233. Penalties.   Except as otherwise provided, a violation of part<br />
  one of this article shall be punishable for the first offense by a  fine<br />
  not exceeding ten dollars or ten days&#8217; imprisonment; for each subsequent  offense  by  a  fine not exceeding fifty dollars, or by imprisonment not  exceeding thirty days, or by both such fine and imprisonment.</p>
<p>It seems that the the Endangering the Welfare of a Child, a Penal Law statute, is a bogus charge under the circumstances of this case. </p>
<p>In any event, the Fonda-Fultonville School District seems to deliver a mediocre education. Whether that&#8217;s the fault of the instruction or the pupils cannot be discrned from the data. It would be interesting to see if the regents scores of home schooled students are on par or better.</p>
<p><a href="https://www.nystart.gov/publicweb/School.do?county=MONTGOMERY&#038;district=270601040000&#038;school=270601040001&#038;year=2008" rel="nofollow ugc">https://www.nystart.gov/publicweb/School.do?county=MONTGOMERY&#038;district=270601040000&#038;school=270601040001&#038;year=2008</a></p>
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		<title>
		By: BG		</title>
		<link>https://www.overlawyered.com/2010/01/january-18-roundup-2/comment-page-1/#comment-82096</link>

		<dc:creator><![CDATA[BG]]></dc:creator>
		<pubDate>Mon, 18 Jan 2010 16:41:30 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15640#comment-82096</guid>

					<description><![CDATA[Here&#039;s a review from December about West&#039;s article. West took the time to make a comment about the review. West seems to have taken the talking points list from Home School Legal Defense Association about certain things. (HSLDA has taken some flak for over-stating the &quot;illegality&quot; of home education before they came along).

http://gaither.wordpress.com/2009/12/21/west-on-the-harms-of-homeschooling/]]></description>
			<content:encoded><![CDATA[<p>Here&#8217;s a review from December about West&#8217;s article. West took the time to make a comment about the review. West seems to have taken the talking points list from Home School Legal Defense Association about certain things. (HSLDA has taken some flak for over-stating the &#8220;illegality&#8221; of home education before they came along).</p>
<p><a href="http://gaither.wordpress.com/2009/12/21/west-on-the-harms-of-homeschooling/" rel="nofollow ugc">http://gaither.wordpress.com/2009/12/21/west-on-the-harms-of-homeschooling/</a></p>
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		<title>
		By: Doug		</title>
		<link>https://www.overlawyered.com/2010/01/january-18-roundup-2/comment-page-1/#comment-82093</link>

		<dc:creator><![CDATA[Doug]]></dc:creator>
		<pubDate>Mon, 18 Jan 2010 15:22:04 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15640#comment-82093</guid>

					<description><![CDATA[Indeed, i thought we were supposed to live in small (less than 1000 square foot) houses.  Other than that, Ms. West&#039;s article was really a poorly done editorial on the evils of self sufficiency.   My niece, who was always home schooled, just graduated at 18 from a 2 year RN program.  Can&#039;t say that about our public schools.]]></description>
			<content:encoded><![CDATA[<p>Indeed, i thought we were supposed to live in small (less than 1000 square foot) houses.  Other than that, Ms. West&#8217;s article was really a poorly done editorial on the evils of self sufficiency.   My niece, who was always home schooled, just graduated at 18 from a 2 year RN program.  Can&#8217;t say that about our public schools.</p>
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