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The State Bar of Texas provides library that may be accessed through the State Bar web site, http://www.texasbar.com, as part of the CLE portion of the web site. You will need to register with the State Bar to get attorney access to this site. Once on the site your must register separately with the CLE portion. This is what is available without charge.

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Ben Goff, personal injury attorney

http://www.mitchellgoff.com/

Enica Joyner killed in apartment house fire

Enica Joyner killed in apartment house fire
Enica Joyner, age 11, along with one other person died in an apartment fire in Arlington, Texas on July 3, 2011. The Fort Worth Star-Telegram report that some of the residents were forced to jump from a second-floor breezeway and at least one person fled the building in flames. One resident, Karen Seabolt, told the newspaper, “Iren outside and saw a man in the parking lot with his legs and hands on fire.
Te fire started around 1 p.m Saturday at the Tanglewood Apartments. Fire officials reported that when the firemen arrived the second floor was in flames. James Self, Arlington assistant fire chief stated that it was “curious” that when they arrived that the fire was intense.
The Dallas Morning News reported that nvestigators determined that children were burning paper with a lighter in a breezeway when the fire got out of control. The kids, all under the age of 10, didn't tell anyone about the blaze, causing it to grow substantially before rescue officials were alerted.

Cases such as this require prompt investigation. If you are a relative or friend of the family, please recommend to the family that they contact their family attorney to determine if further investigation is warranted.

Ben Goff

http://www.mitchellgoff.com/

DEBT CEILING

Fourteenth Amendment to the United States Constitution, SECTION. 4 states:
“The validity of the public debt of the United
States, ... shall not be questioned.” For a document as vague as the Constitution that is pretty specific.

Bruce Bartlett:

What Debt Limit? Plan B is the 14th Amendment: I now feel even more strongly that the Fourteenth Amendment trumps the debt limit. There is strong support for this position in an article by George Washington University law professor Michael Abramowicz. Writing in the Tulsa Law Journal (“Beyond Balanced Budgets, Fourteenth Amendment Style,” 33:2, Winter 1997, pp. 561-612), he concludes that any government action “making uncertain whether or not a debt will be honored is unconstitutional.” As Abramowicz explains:
A debt does not become valid or invalid only at the moment payment is due. A debt’s validity may be assessed at any time, and a debt is valid only if the law provides that it will be honored. Therefore, a requirement that the government not question a debt’s validity does not kick in only once the time comes for the government to make a payment on the debt. Rather, the duty not to question is a continuous one. If as a result of government actions, a debt will not be paid absent future governmental action, that debt is effectively invalid. The high level of generality recognizes that instead of referring to payment of debts, the Clause bans government action at any time that affects the validity of debt instruments…. Moreover, there is no such thing as a valid debt that will nonetheless not be honored.

In Perry v. United States (1935), the Supreme Court ruled that under Section 4 voiding a United States government bond "went beyond the congressional power". 294 U.S. 330 at 354.

Since the entire debt limit process is unconstitutional, why doesn't the President just say so. It really makes sense that a minority in the House should not be able to hold the nation hostage to get their way.