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The Chip Board Archive 03

The surest way for a lawyer to get ...

... himself (and his client) in trouble is to allow his analysis of the law to be influenced by his personal preferences. That's the main reason lawyers are told not to get emotionally involved with their clients (or their cases).

And yes, we do need to have a court tell us that chips are included -- because the only way to use the law is in court. And there, we'll either be told it applies to chips or it doesn't.

I have tried more than 100 cases to jury verdicts and have filed and argued several thousand legal motions and/or appeal briefs. I have seen laws which seemed much more obviously applicable than this one held by courts not to apply. And, I have seen laws which seemed much less obviously applicable than this one held by courts to apply.

I have complete confidence that courts will find laws to have a particular meaning only when they are written with absolute clarity. Which this one isn't.

On the other hand, from a practical point of view, what exactly are we talking about here? Who now has the capability of producing in any quantity fake chips which could pass for real? Just a few major manufacturers, I would think -- and it also appears to me that they are now sufficiently aware of the dangers of producing such chips that they will not do so in the future.

Sure, some individuals may try to fake a small number of chips. But, are they going to be deterred by the HPA even if it does apply to chips. Not very likely.

As for making my reservations about the law public, misplaced reliance on a false premise will do nothing more than create a false sense of security.

I'd prefer it if David's opinion of the law is correct, rather than mine. Absent legally citable authority supporting his position, I still think it prudent to try to get the law changed. So much so, that I will say now that as an additional item on my agenda if elected president of the club, I will inquire into the issue of lobbying by the club on an issue like this and, if it is permissible under the rules applicable to our non-profit status, will undertake to have the law changed to specifically include casino memorabilia.

----- jim o\-S

Messages In This Thread

Would this be wrong??? Don't Even Answer!
Re: Would this be wrong??? Don't Even Answer!
Re: I'll answer, anyway.
What do the Candidates say about Hobby Protection?
Re: What do the Candidates say about Hobby Protect
BIG "IMPORTANT" CORRECTION ? (Good Stuff
John, I'd be interested in ...
Re: John, I'd be interested in ...
Re: John, I'd be interested in ...
Re: John, I'd be interested in ...
"In exchange" means ...
Re: "In exchange" means ...
No "sides" here, JB ...
Re: No "sides" here, JB ...
Re: No "sides" here, JB ...
Re: No "sides" here, JB ...
Re: "In exchange" means ...
Re: "In exchange" means ...
I'd still rather hear from a legal ...
Glad that we heard from a Numismatist Expert.
This is a laudable purpose ...
Re: Sounds.....
Here's why the HPA does not apply ...
Re: Here's why the HPA does not apply ...
The government of Nevada cannot ...
Re: John, I'd be interested in ...
What the ANA considers "numismatic" ...
Re: Thank you for your interest, Gentlemen...
The successful use by David Ganz ...
Re: The successful use by David Ganz ...
"HOBBY PROTECTION ACT"
Re: The successful use by David Ganz ...
Thanks for sharing this information ...
Re: Thanks for sharing this information ...
Re: Thanks for sharing this information ...
Re: Thanks for sharing this information ...
There is a problem with your theory ...
Re: The successful use by David Ganz ...
Re: The successful use by David Ganz ...
Re: The successful use by David Ganz ...
The surest way for a lawyer to get ...
Re: The surest way for a lawyer to get ...
Re: The surest way for a lawyer to Jimmied
Re: The surest way for a lawyer to Jimmied
Re: The surest way for a lawyer to Jimmied
Re: The surest way for a lawyer to Jimmied
Re: The surest way for a lawyer to Jimmied
I don't doubt that there are ...
Re: I don't doubt that there are ...
A fake chip on a "wrong" color blank ...
It would be a whole different thing ...
Even better ...
Re: Even better ...
Re: Even better ...Peter
Superfluous statutory language ...
Re: Superfluous Me
And just exactly what depradations ...
Re: There wouldn't be depredations....
Ah, but think how easy harvesting ...
Re: Superfluous statutory language ...
Our Conflicts of Laws class was ...
Re: Superfluous statutory language ...
Are you sure Carl and Mel are not ...
Re: Jim + Gene, Please read the lead post...
If the chip was not "issued" by ...
The partial list of things I don't know ...
"inquire into the issue of lobbying"????
I feel like Brer Rabbit, with the HPA ...
Re: Thanks, Jim. You've made that very clear.
A very "lawyerly" choice of words ...
This is exactly what David Ganz said:
Now you're starting to get it, John ...
Re: Thanks for walking me through it.
The HPA also covers political pins ...
Actually more than just pins ...
Re: Actually would "include" a lot more
The language in the statute ...
Re: John, I'd be interested in ...
"Stretching the limits" ...
Re: "Stretching the limits" ...
Yes Mr. Borland... WRONG, WRONG, WRONG...

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