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The Common Scold



The Common Scold is named after a cause of action that originated in Pilgrim days, when meddlesome, argumentative, opinionated women who displeased the Puritan elders were punished by a brisk dunk in the local pond. Believe it or not, the tort lasted until 1972, when State v. Palendrano, 120 N.J. Super. 336, 293 A.2d 747 (N.J.Super.L., Jul 13, 1972) pretty much put it to rest. But the thought of those feisty women, not afraid of a little cold water, has always cheered me up and inspired me. I first used the moniker as the name of my humor column at the University of San Francisco School of Law many moons ago, and revive it now for this blawg!


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SAD NEWS FROM SF: JOHN McGUCKIN HAS DIED

McGuckin_John  Just heard the very sad news that one of my favorite people lost his battle with cancer, John H. McGuckin. I got to know John during my Recorder days, and he was a gem. Modest, generous, good-spirited, kind  and smart, he always warmed my heart and treated everyone with dignity and joy. He retired in June after serving as GC of Union Bank of California, where he worked for 27 years.

I'm so saddened to learn that he's left our little blue ball. Here's the Chronicle obit. And the Mendocino Beacon obit.

One issue we both were very passionate about was our belief that the current system that requires lawyers to work only in the state(s) they are admitted in is flat-out silly, and should be replaced with "drivers license" jurisdiction -- eg you get admitted in one state and can practice in the other 49. Here's a wonderful article he wrote for Law Technology News on the subject.


December 4, 2008 in People | Permalink

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