brian dunigan

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Viewing 20 posts - 421 through 440 (of 616 total)
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  • in reply to: Wild Brookies #11400

    The only experience I have had with wild brookies was on spring creeks in Colorado at the headwaters of the South Platte.

    in reply to: Streamer Help #11474

    I don’t know if an intermediate line is going to get you down well enough in “very high, very fast” water.

    Kelly Galloup is probably the foremost expert on streamer tactics, and he recommends a full-sink line to keep the streamer level throughout the retrieve.

    http://www.flyfisherman.com/skills/jsgalloup/

    On tailwaters, I’ve been throwing a 300-grain sink tip, which seems to work fairly well, but I’ve been thinking about going to a full-sink line to see if it is more effective.

    In my experience, it’s hard to get good advice about streamer fishing, because it seems like the vast majority of fly fishermen, even experts, don’t do it much.

    in reply to: Duke Lacrosse #11393

    Heh – I had Professor Aarons for Civil Procedure II, and we spent a lot of time veering into social justice issues in there too.

    in reply to: Looking for beta on the Elk river. #11396

    Dustin, have you seen the article on Doug Markham’s website at http://www.dougoutdoors.com?

    in reply to: TN Check In #11383

     I sure hope this isn’t the minmum flow they’ve been  talking about!    

    I think they’ve been closer to “maximum flow” than minimum flow lately.

    bd

    in reply to: TN Check In #11378

    Present and accounted for!  Thanks to Rusty, Mike, Jim from Fly South, and all the other kind people who called to check in and offer their support.

    Zach’s right – we got whacked pretty hard.  My office is about 70 percent gone.  I got back in for a little while Friday evening after everything blew over, and it looked like a bomb went off in there.  Files and papers in tatters all over the floor.  Luckily, we just started using a new case management program, and I was able to recover our server backup tapes safe and sound – so we’ve got all the essentials to keep our clients’ cases going.  But it’s going to take at least a week of sorting through stacks of wet paper to salvage the physical files.  I tried to go back today, but the police have everything locked down.  The roof got ripped off our building, and we got a ton of rain last night, so I’m very afraid of what we’re going to find Monday morning.  I’m assuming most of our computers, printers, scanners, copy machines, phones, and other electronic stuff will be ruined.

    My mother’s house is severely damaged too, and it’s not clear what will be salvageable.  She doesn’t have electricity, and it is extremely hard to get in or out of the area she’s in, so we’re going to be limping along for a day or two until that situation is straightened out.

    The bright side is that my friends and family are all okay.  We had a scary several hours for one of my paralegals who lives in Gallatin, because her husband and child were missing and her house was in the path of the worst part of the storm.  Fortunately, they had fled for cover to a more solid building, and they turned up okay later in the evening.

    Strangely enough, my house is only 20 minutes away from all the destruction at my office, and it wasn’t touched at all.  In fact, I went out for a late lunch Friday, and I’d run home for a few minutes when my co-workers called from the office and said they were hiding in the basement.  They were yelling for me to take cover, and I had no idea why.  There wasn’t even any rain at my house – the wind didn’t even blow.  It’s a good thing they called, or I might have driven back to the office and stumbled right into the path of the tornado.  Storms are weird.

    bd

    in reply to: Fishpond Shooting Star #11351

    The deal is, I don’t want to wear a vest.  

    Hey!!!

    in reply to: The World Can Be A Sucky Place #11309

    Dang it, I missed the whole thing.

    in reply to: Duke Lacrosse #11390

    Just about every state has an implied consent statute, but that’s kind of a different kettle of fish.

    in reply to: Duke Lacrosse #11388

    You can’t unwillingly be made to give bodily fluid for a test

    Sure you can.  Defendants get forced to produce blood for DNA or blood alcohol tests all the time.

    The Fifth Amendment privilege against self-incrimination only applies to evidence of a communicative nature.  Blood or bodily fluids are not “testimony” protected by the self-incrimination clause.

    Of course, compelling a person to give bodily fluid is still a “search” or “seizure” under the Fourth Amendment, which means that police typically need a warrant before they force someone to produce a DNA sample.  On the other hand, in DUI cases, police often don’t even get a warrant prior to forcing a defendant to provide blood – they instead rely on the “exigent circumstances” theory to justify the warrantless search (i.e., they delay of getting a warrant would keep them from getting an accurate reading, in light of the diminishment of blood alcohol over time).

    The principle of compelled production of bodily fluids has been upheld by the USSC in Schmerber v. California, and in Tennessee by State v. Jordan.

    Applying the law to the facts of this particular case, the victim’s statements provide plenty of evidence to establish probable cause for a warrant.  I don’t know if the police forced the defendants to produce a DNA sample via a warrant, or if the defendants voluntarily complied, but if it was forced, I think it’s pretty certain to hold up in court.

    bd

    Edit:

    in reply to: Duke Lacrosse #11384

    I guess I hadn’t been paying attention.

    in reply to: Wader Abuse… #11370

    The BPS waders actually have the built-in gravel guards.  

    Does anyone know anything comparison-wise about the actual materials or breathable membranes used?

    bd

    in reply to: Flats-rigged Gheenoes #11319

    I’ve thought about something like this for river fishing.

    in reply to: Wader Abuse… #11366

    I’ve kind of been doing a cost-benefit analysis on whether it’s worth it to upgrade to the Simms waders.

    in reply to: Got out with the ONE today. #11285

    Mike, I see you put the directions to good use.  Nice fish – it didn’t happen to have a #16 bhpt in its nose, did it?  I had a fish matching that description take one from me…

    By the way, see what I was saying about the fins on those fish?

    in reply to: bd, did you fix your canoe yet? #11279

    It seems like a lot of law school is memorization, is that true?  

    I don’t know if I’d agree that’s true.  There’s a lot of stuff that has to be committed to memory, but that’s true with any subject you have to learn.

    When I think of “a lot of memorization,” I think of the rote memorization I had to do in some of my undergrad subjects – for example, in anatomy & physiology you have to memorize the names of a large number of bones, muscles, blood vessels, and nerves; in the higher level math classes you have to memorize a large number of formulas; and in foreign languages you have to memorize what articles go with what nouns.

    There’s not much rote memorization like that in law school.  Instead, you spend a lot of time learning a general rule, and then figuring out the little twists and turns that happen when the rule gets applied to different factual contexts.  Some classes involve a bit of memorization – for example, you have to know the Rules of Civil Procedure, and if you take commercial law you’ll have to memorize some detailed stuff under the Uniform Commercial Code.

    But in large part, it’s more about learning concepts than about memorization.  I don’t think I ever had to know a date for anything, and nearly all law professors will say they don’t care if you know case names for the exams, as long as you can apply the principles correctly.

    That said, I’d note two things:  (1) Law school is 3 years rather than 2; and (2) it probably depends on what your undergrad major was, but I thought law school took quite a bit more effort than my undergrad degrees did.

    bd

    in reply to: Another cool podcast #11232

    Susan Thrasher occasionally comes to our fly fishers meetings in Hendersonville.

    in reply to: Lots of Stripping Basket Questions #11231

    Mike, next time we go streamer fishing, maybe I should borrow that W&J basket from you for a bit and give it a test run.

    bd

    in reply to: Fishing Hats #11556

    Don’t worry, Cameron.

    in reply to: DVDs??? #11224

    Woah, sorry to hear that, Backwoods.

Viewing 20 posts - 421 through 440 (of 616 total)