Word of the Month for July 2019: Rascal

Once upon a time there was a boy name Bret.  Bret was a rascal.  Now, I remember reading a book called "Rascal." but that was about a kid who had a pet raccoon named Rascal - this wasn't why Bret was called "a" Rascal.  It was because he earned that title.

See, Bret had a 2nd grade teacher named Mrs. Waterman.  She was nice enough but for some reason, she really had it out for Bret.  He could do nothing right.  Even when he was on his "A" game, she was on him like sticky on rice.

One day, as he was being ushered out of his 2nd grade class room (more like yelled at and told to not come back until he had a signed note from his parent/guardian/whomever would claim him), Bret turned to respond to Mrs. Waterman with, "Yes, Mrs. Watermelon - I'll do that!"  Now, all the kids in Bret's class had been calling Mrs. Waterman "Mrs. Watermelon" - just not to her face.  

So, when Bret said it, a deathly still crossed over the room.  Mrs. Waterman sloowly turned and screeched, "WHAT DID YOU SAY?!?!"  Bret replied - yes, Mrs. Watermelon - and out the door he went followed by the screeching voice of Mrs. Watermelon which followed him all the way up to the principal's office.  Of course, by the time Bret reached the principal's office, darn near every teacher was standing (hands on hips) watching and listening to the whole thing and as I sit here, I'm still laughing about it.  What a hoot!

Fast forward a few decades.  Today, as Bret's children were getting ready for their first day at school (see, we, just recently moved the family from California to South Carolina) and today was Bret's kids' first day in school.  While they only have a couple weeks more of school, Wife thought it best to get them in the system so that they can start making friends.  Smart momma.

Turns out, that the day before, both of Bret's kids had met their prospective teachers.  His youngest teacher's name was...yeah, I don't remember.  Bret does, however remember his oldest kid's teacher's name - it's Mrs. Balue.  So, Bret's oldest is mulling that name in her head and slowly a wicked smile creeps across her face as she sounds out Mrs. Balue...Beluga...Beluga Whale - MRS. BELUGA WHALE she says out loud (and over and over, again).  

Wife's ears perk up and quickly seeks to quash that name.  Don't ever call anyone a beluga whale - it's not nice,...it's not a pleasant name...(and in my head, I'm thinking, yeah - and, while you will earn the admiration of every kid in school, it will get you kicked out of class while your brand new teacher is screeching your name as you walk to the principals' office). 

Of course, this brings us to our word of the month:  RASCAL.  According to The Oxford American College Dictionary (apparently, Black's didn't see me coming), RASCAL is defined as

A mischievous or cheeky person

Anyway, I wondered what, if any, resources Mrs. Watermelon might have used to keep me out of her class had she had the chance.  Turns out there are a number of resources she could have read, such as:

• United States Code Annotated, Title 20 (Education)
• Education Law: First Amendment, Due Process and Discrimination Litigation (TR)
• Education Law (Lexis)
• Student Rights (ACLU)

Yep, I was a real stinker when I was in elementary school.  Good thing Mrs. Watermelon didn't know what I know now (about law and legal things) and hopefully I can get my kid to not convert Balue to Beluga Whale.  But then again, I kinda hope she does (but that's just the rascal in me).

The little guy

When people look at me today, they see a 6'5" giant of a man.  Confident, strong, and the life of the party. When I was a kid, that wasn't so much the case.  Heck, when I was a kid, I got beaten up all the time (which was probably why I eventually got into law).

I remember this one group.  They thought they were the cock of the walk and would shake kids down for their lunch money. No kid dared to tattle on them because, as we learn from television and government in general, people who tattle end up wearing cement shoes.  So, the rein of terror continued.  

One day, I was playing marbles with a friend and this group of thugs came over and started pushing him around. Honestly, I don't know what came over me because I stepped my 60 pound, 4 foot nothing frame between the bully and my friend and told them to push off.  

You'd have thought an atomic bomb went off because the entire playground froze.  Kids hundreds of yards away felt a disturbance in the force. Teachers stopped smoking in the lounge.  Heck, even the janitor (who always hid in his cubby) came out to see why everyone suddenly went silent.

Electricity in the air, bully declared that I was dead, demanded I meet him after school, and the group left.  My friend patted me on the back and asked if he could have my bag of marbles (presuming that I would be dead by morning). 

Suffice it to say, I did not keep my appointment with death/destiny.  No, I did not.  

Instead, I did the one thing I knew would guarantee my demise - I tattled to the front office and told my parents what was going to happen to me when I got to school the next day. To my utter amazement, within a week the bully was transferred out of school and the whole group got suspended.

Huh!  I was sure I was dead meat.  Turns out when you appeal to a higher power, sometimes things turn out for the better.  These days, when people tell me their kid is looking at dealing with bullies on the playground, I suggest they look at

• Education Law (Lexis)
• The Rights of Students: the basic ACLU guide to student rights (ACLU)
• California School Rules: a school-smart parent's guide to advocating for your child (School Wise Press)

True, I eventually did get my face smeared on the asphalt weeks later when the bullies caught up to me.  No good deed goes unpunished, right?  

In any event, when next you are facing down your bully of the day/week/year, know that your local county law Librarian is around to watch your six. We'll be here to help you pick-up your marbles and get on with life.

That's "bully" as in thug

In today's news is a post about a student hitting another student with a chair in a class room.  What is interesting is that earlier today, I had a couple come into the library.  Seems they have a kid in elementary school who came home most every day with bruises.  Of course, school "administrators" kept saying nothing was wrong and that their kid was just accident prone.

Seems that argument fell out the window when, two days prior, they got a call from the school that their kid was being taken to the hospital.  They learned, at the hospital, that all those bruises had been caused by a kid who had taken to beating their kid because it was "fun."  Their kid was now in the hospital with a concussion, among other things.

Parents are frothing at the mouth and are seeking vengeance against school district.  Who can blame them?  I know I'd be pissed seven ways from Sunday if anyone took to beating on my kid.  And what about the school "administrators" who had been lying to Parents.  Yeah, I smell a retirement level lawsuit brewing.

In California, there are a number of codes that have been established to help prevent bullying (and are supposed to protect students) in schools:

General Bullying

Cal. Education Code 48900 permits a student to be suspended from school or recommended for expulsion for engaging in acts of bullying.

Cal. Education Code 48900.4 allows a student to be suspended or recommended for expulsion if the student has intentionally engaged in harassment, threats or intimidation, directed against school district personnel or pupils "that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment."

Cal. Education Code 48900.2 permits a student to be suspended from school or recommended for expulsion if it is determined that the student has committed sexual harassment, as defined in Cal. Education Code 212.5.

Cyber Bullying
Cal. Education Code 48900 permits a student to be suspended from school or recommended for expulsion for engaging in acts of bullying, including bullying committed by means of electronic acts.  Education Code 32261 defines "electronic act" as "the transmission of a communication, including, but not limited to, a message, text, sound or image by means of an electronic device, including but not limited to a telephone, wireless telephone or other wireless communication device, computer or pager."

Hazing
Cal. Education Code 48900.2 permits a student to be suspended from school or recommended for expulsion if it is determined the student has engaged or attempted to engage in hazing. "Hazing" is defined as a method of initiation or pre-initiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil."

Coupled with that knowledge, I also suggested Parents take a look at:

• Education Law (MatthewBender)
• The Law of Schools & Teachers in a Nutshell (TR)
• AmJur Trials (TR; Proving Damages in Schools for Bullying (118 Trials 387); School District Liability for Bullying (111 Trials 123)
• Am Jur Proof of Facts (TR; School District Liability for Bullying (105 POF3d 93)
• California Forms of Pleading and Practice (Lexis; Vol. 45, Chp. 513 (Schools: Students Rights & Responsibilities)

and off parents went to research and plan their next course of action.

Yep, really don't want to be the administrator who kept saying all was well and then having to explain their lies in court.  Good thing Parents knew to go to their local county law library and talk to their local county law Librarian when the chips were down.  

If ever you have a problem but don't know where to start to research, head on over to our local county law library so we can help you get your groove on.

Magic Mirror

Many moons ago when I was young(er), I loved to watch Romper Room.  OK, I liked to watch Wonderrama, too, and I just knew I could win those great prizes if only my folks would take me to be on the show.  Never happened.  Anyway, there was this one part on Romper Room where the lady whips out this mirror that was magic.  Well, it had to be magic because when she looked in it it got all funky swirly and then it went clear and doggone it if she couldn't see kids from all over the world and actually talk to them.  Dang but she must have been a Librarian.  I mean she wouldn't just say their name but she'd tell them stuff that they should (and shouldn't) be doing.  Yep, she must have been a Librarian because she knew so much.

The thing is I can really relate to the woman on Romper Room because I know lots of stuff, too.  As an omnipresent Law Librarian, I, too, know what you need and how to help you (or when to back off).  In fact, Librarians know so much because we work with people day in and day out solving their problems.  

Take, for example the guy who was looking to sue his doctor. Seems doctor had prescribed Xanax (an anti-anxiety drug). Seems doctor had given guy the wrong dose and now guy was hooked beyond compare.  Guy was now looking to sue doctor for malpractice so I walked him over to:

• California Medical Malpractice (Thomson Reuters)
• Medical Malpractice (Lexis)
• Am Jur Proof of Facts (Thomson Reuters; 7 POF 3d 1 § 16)

Then there was the the young mother whose kid was getting beat up at school.  Always an advocate for the underdog, I led young mother over to the education section to look at:

• Education Law (Lexis)
• The Law of Schools, Students, and Teachers (Thomson Reuters)
• The Rights of Students (ACLU)

Finally, we have a middle-aged guy who was looking to protect his family.  Seems middle-aged guy had had a house built.  Seems the construction company let the wood frame get pretty wet because after guy's family moved in, the kids started getting sick and wife was cranky all the time (well, wife was probably cranky before but what with litigation and all, might as well lump it all together).  So, guy had an "expert" come into his home and "expert" finds mold ALL over the place.  No wonder kids are sick.  Anyway, guy flies into the law library looking for information on "how to nail those son of a #$!^%!@$%" and in no time, I had middle-aged guy perusing 

• Construction Defect: Representing the Owner (Wolters Kluwer)
• Toxic Mold Litigation (ABA)
• Mold Claims Coverage Guide (National Underwriters Co.)
• Handling Construction Defect Claims: Western States (Wolters Kluwer)
• California Construction Contracts, Defects, and Litigation (CEB)

Yep, you have the questions, we have the answers.  So head on over to your local county law library so we can start with helping you because just like Burger King - special orders don't upset us.

Ready, Aim....

I've been in the legal business for about 25 years.  During that time I've seen the law go up and down and left and right, sideways, crossways, and every which way but loose.  In the last few years, though, I've noticed a number of judges who have tossed aside the law and based decisions on their own "feelings" or political affiliation(s), which is too bad because it is the responsibility of a judge to be impartial.  Imagine, then, my surprise when I see judges who make rulings or submit recommendations based on the rule of law.  I mean, imagine the implications!  Lawyers and pro pers can go into court and expect the ruling to be based on the law - and not how a judge feels on any particular day!

Of course, all this leads up to the point of this blog post - which is the comment Justice Alex Kozinski made on the issue of the death penalty.  More to the point, the "how" to execute people.  Seems Arizona was attempting to execute Joseph Wood on July 23 by lethal injection.  Seems Arizona botched the attempt because Mr. Wood was left on the table gasping and snorting before dying (probably much like his victims were doing when he killed his estranged girlfriend and her father in 1989).  It was in response to the way Mr. Wood met his fate that Justice Kozinski suggested that states should toss out the process of lethal injection in favor of more reliable ways to end a person's life such as by death by guillotine or firing squad.

The question in my mind now is why use lethal injection at all?  I suspect the reason States went with the lethal injection method was because anti-death penalty people wanted a more "humane" method of execution.  The problem with that is that drug injection is never going to be 100% effective (just ask any junkie).  In fact, the only way to guarantee cessation of life is to separate the brain from the body and there are only two ways to do that effectively - with a guillotine or a .50 caliber weapon.

Whatever your stance on the death penalty, it is important to note that it is not a "cut" and dried issue.  Legal ramifications on both sides of the debate are valid.  What is important is the fact that judges (in this case Justice Kozinski) are able to set aside their own personal affiliations (whether sarcastic or not) and sift out the hyperbole, cutting to the heart of the matter.

Coming out

Yeah, it's not what you might think.  See, back when I was in elementary school, I was quite the little hellion.  I remember one episode with my 2nd grade teacher - Mrs. Watermelon (not her real name).  Apparently, it was my fault she had to take an emergency leave of absence a mere two weeks before the summer vacation.  Seems that small animal I put in her coat pocket sent her right over the edge.  I'm actually sitting here writing this with an evil grin as I recall hearing her high-pitched shriek as she sprinted down the hallway with a half-crazed look on her face.  I mean, she took off like a rocket - pretty good for an old lady!  Ah, the memories of youth.

Maybe had I had the benefit of a stint in law school, I would have know better than to drive my teachers (all of them) insane.  Maybe had I realized the damage I was inflicting on poor ol' Mrs. Watermelon I'd have seen the error of my ways and not so purposefully driven her over the proverbial edge.  Maybe had I knows about all the great stuff at my local county law library and take time to look at:

• Education Law (Lexis)
• Law in the School (CDE Press)
• California School Rules (School Wise Press)
• Checklists for Searches and Seizures in Public Schools (West)
• The Rights of Students (ACLU)
• The Law of Schools, Students & Teachers (West)

I would have had a greater appreciation of the damage I was inflicting on my teachers every single day of the school year!

While I never had the chance to visit my local county law library about such things when I was a kid, at least you have the benefit of my education and perspective.  Today, right now, in fact, you should run over to your local county law library and read upon on stuff about teachers and education and schools - before someone (like me) gets a hold of your kids and schools them in the fine art of driving their teachers insane...MUUUUUUHAHAHAHAHAHAH!