Former Union County State’s Attorney Allen W. James has been suspended for 60 days after pulling a gun on a process server after dodging prior service. Christopher Dees reported that he identified himself to James who proceeded to point his 380 semi-automatic handgun at him while trying to serve a complaint upon him. James insisted that he did nothing wrong, though he later pleaded guilty to a misdemeanor aggravated assault over the incident.
Archive for the 'Lawyering' Category
Former Illinois State’s Attorney Given 60-Day Suspension For Dodging Service and Then Pulling Gun on Process Server
Published 1, February 8, 2012 Bizarre , Lawyering 11 CommentsMassachusetts Lawyer Suspended After Falsely Claiming To Be Medical Doctor
Published 1, February 6, 2012 Criminal law , Lawyering , Science 25 Comments
“Dr.” Susan Friery was once heralded as a leading plaintiff’s attorney — a combination of a juris doctor and medical doctor. Touting a medical degree from Columbia University, Friery was given a partnership at Kreindler & Kreindler LLP, which appears not to have actually checked her degree. Her Massachusetts law license has now been suspended for two years. Her medical license has not been suspended because she never had one. She never graduated from medical school.
Continue reading ‘Massachusetts Lawyer Suspended After Falsely Claiming To Be Medical Doctor’
Massachusetts Lawyer Gets 18 Month Suspended Sentence For Stealing Court File
Published 1, January 31, 2012 Criminal law , Lawyering , Society 4 Comments
Ilya Ablavsky, 33, has had his share of problems. As a student at Brandeis University, he was charged with making bomb threats after losing a primary race for mayor of Waltham. He also claims to suffer from bipolar and post-traumatic stress disorders as well as high anxiety. He can now add a suspended 18 month sentence to his woes after pleading guilty to stealing a court file in a murder case in an attempt to prevent the prosecution of an acquaintance. He had only had his license for a few months and will now likely lose it in a remarkably short legal career.
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“Anything Can Happen”: New York Lawyer At The Center Of Lottery Mystery
Published 1, January 30, 2012 Bizarre , Criminal law , Lawyering 8 Comments
New York attorney Crawford Shaw is in the center of a odd mystery. Just two hours before the passing of a deadline for a jackpot ticket to the state lottery, Shaw contacted the Iowa Lottery to submit the winning ticket on behalf of an unnamed client. The ticket was sold 13 months previously at a Des Moines gas station with a payout of $7.5 million cash or $10.3 million spread over 25 years. However, things then got pretty weird. The Iowa lottery proclaims that “Anything Can Happen” and it appears it has.
Continue reading ‘“Anything Can Happen”: New York Lawyer At The Center Of Lottery Mystery’
Who in Hell is Saul Alinsky?
Published 1, January 28, 2012 Academics , Columns , Free Speech , Justice , Lawyering , Media , Politics , Religion , Society 53 CommentsSubmitted by: Mike Spindell, guest blogger
I’d actually halfway finished a blog on a different subject today, when I was spun in a different direction. Thursday night I had done something I never do and watched the Republican Debate in Florida. It was frighteningly enlightening to say the least, but what stood out for me was Newt commenting that our President was a disciple of Saul Alinsky. I thought then “How many people today know who Saul Alinsky was and what he represented?” On last nights Bill Maher’s show, Bill asked the question “Who was Saul Alinsky?” as part of his New Rules segment. This morning in HuffPost, Frank Mankiewicz addressed a variant of the same question: http://www.huffingtonpost.com/frank-mankiewicz/america-meet-saul-alinsky_b_1238953.html
The idea of following heroes to me has always seemed silly, yet there are people whose lives and work I deeply admire and to some sense try to emulate. My first was Clarence Darrow and it is therefore no coincidence that I am a denizen of this blog. http://en.wikipedia.org/wiki/Clarence_Darrow . Clarence Darrow’s picture is used above because it is in the public realm, while mysteriously Saul Alinsky’s isn’t. Obviously, Saul Alinsky is another person whose life I admire. http://en.wikipedia.org/wiki/Saul_Alinsky Alinsky was a radical in his methods, but one who eschewed the doctrinaire self assurance of an ideologue. When asked if he ever considered joining the Communist Party he famously replied”
“Not at any time. I’ve never joined any organization—not even the ones I’ve organized myself. I prize my own independence too much. And philosophically, I could never accept any rigid dogma or ideology, whether it’s Christianity or Marxism. One of the most important things in life is what Judge Learned Hand described as ‘that ever-gnawing inner doubt as to whether you’re right.’ If you don’t have that, if you think you’ve got an inside track to absolute truth, you become doctrinaire, humorless and intellectually constipated. The greatest crimes in history have been perpetrated by such religious and political and racial fanatics, from the persecutions of the Inquisition on down to Communist purges and Nazi genocide.”
His was a belief that has resonated with me since those radical days in the 60’s, with the Movement, when I was surrounded by and courted by various ideologies, mostly Marxist whose rigidity of thought and party line belief, actually disgusted me. Yet there was Alinsky, the man who literally wrote the book on community organizing, who felt similarly towards ideological rigidity. He was truly an America Patriot, whose guiding idea was to assist downtrodden people to gain power over their lives and give them a chance to decide their fates. Alinsky was a man who achieved great success, if you define success as achieving ones goals. The disdain and demonization again being heaped upon him today comes from the very real threat his methodology has towards the 1% elite and curiously that aim of his was the reinstatement of “The American Dream” of freedom, equality and social justice. Continue reading ‘Who in Hell is Saul Alinsky?’
Thou Shalt Not [Allegedly] Steal: Tennessean Judge Accused Of Stealing Money Raised For Ten Commandments Display
Published 1, January 26, 2012 Bizarre , Criminal law , Lawyering 39 Comments
Hawkins County (Tenn.) Sessions Court Judge James “Jay” Taylor appears to attract investigations the way motor homes attract tornados. He has been sued in various civil lawsuits and has now been hit with five criminal charges, including stealing money that he raised for a “Citizens Heritage Display” including the Ten Commandments to be placed in the lobby of the Hawkins County Justice Center. He is continuing his push for reelection as well as his performances as part of “The Redeemed Southern Gospel Singing Quartet.”
LawDragon has released the results of its increasingly popular survey of the top lawyers in America. I was fortunate to again make the list this year.
Continue reading ‘LawDragon Selects Top 500 Lawyers’
The Roberts Court and Free Speech
Published 1, January 22, 2012 Constitutional Law , Courts , Free Speech , Justice , Lawyering , Supreme Court 26 Comments
Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
We have all certainly heard of the important Freedom of Speech cases that the Roberts led Supreme Court has decided. Citizens United is probably the most prominent one that comes to my mind. Of course, the Citizens United case promoted the ability of corporate entities to enjoy full Free Speech rights. Other important Free Speech cases that were decided by the Roberts Court include the military funeral case of Snyder v. Phelps, et al,(131 S. Ct. 1207 (2011) ) and the Brown v. Entertainment Merchants case (131 S. Ct. 2729 (2011) ) in California which overturned a California law which required parental consent for minors to rent or buy violent video games. Because of these decisions and others, some scholars and constitutional law experts make the claim that the Roberts Court is the most pro-free speech Supreme Court in history! Continue reading ‘The Roberts Court and Free Speech’
Indefinite Detention of Citizens: A Response To Senator Carl Levin
Published 1, January 16, 2012 Congress , Constitutional Law , Courts , Criminal law , Free Speech , International , Lawyering , Military , Politics , Society 219 Comments
Yesterday, my column “10 Reasons The United States Is No Longer The Land Of The Free” ran in the Sunday Washington Post. I have been heartened by response to the column. However, a few commenters continue to suggest that the National Defense Authorization Act (NDAA) does not allow for the indefinite detention of citizens. This claim is being advanced by Senator Carl Levin (D., Mich.) in emails and fax messages to voters. I wanted to respond to Senator Levin’s points which are detached from language of the law and the clear intent of the majority of Senators. I would also like to address those who have stated that our liberties are not at risk when such powers will not affect most Americans.
Continue reading ‘Indefinite Detention of Citizens: A Response To Senator Carl Levin’
Robot Love?
Published 1, January 14, 2012 Academics , Bizarre , Columns , Courts , Economics , Justice , Lawyering , Media , Politics , Religion , Science , Society , Torts 50 CommentsSubmitted by: Mike Spindell, guest blogger
Almost four weeks ago I read an article in Huffington Post entitled: “Can Loving A Robot Lead to Divorce?” by Vicki Larson, a journalist. http://www.huffingtonpost.com/vicki-larson/robots_1_b_1150679.html Ms. Larson introduces her piece by quoting the claims of a current manufacturer of anatomically correct “sex robots”, who presumably speak and move in sexual ways. I followed the article’s link to the website of the robots inventor, Douglas Hines, who enthusiastically discusses his creation and has a few videos (non-explicit) that demonstrate the robot’s “capabilities”. While the HuffPost article links the Company’s website, I’m not doing it here, since publicizing this device is not my aim. Should you want further information it is available at the articles link. The “sex robot” being produced now is but an update on inflatable sex toys, though with a “skeleton”, rudimentary movement and speech added. It therefore is only an opening reference to a real issue that will shortly become scientifically possible.
The next part of this short article is an overview with of the opinion of Artificial Intelligence Expert David Levy http://www.scientificamerican.com/article.cfm?id=humans-marrying-robots “It also may be the future of love and marriage, if you believe artificial intelligent (AI) expert David Levy, author of Love and Sex With Robots. According to Levy, human-robot sex, love and marriage is inevitable — perhaps as soon as 2025. He predicts that robots may not only be more lovable and faithful than many humans, but they may even be more emotionally available than the “typical American human male.” Not only will they make us become better, more creative lovers, but they also will offer those singles who feel a void in their emotional and sexual lives and married couples with differing sexual needs new, nonjudgmental ways to be happy and healthy. Although Levy believes that the “availability of regular sex with a robot will dramatically reduce the incidence of infidelity as we know it today,” he also acknowledges there may be some potential sticky points. “Some human spouses and lovers might consider robot sex to be just as unfaithful as sex with another person.”
Levy’s view naturally flows into the conclusion of the article which is an E Mail interview with Sonya Ziaja, a San Francisco Bay Area attorney who blogs at numerous law and policy media outlets as well as her own, Shark. Laser. Blawg.
“And what could be more fraught with legal dilemmas than a love triangle among a married couple and a sexbot? How that might impact a divorce? That’s what Ziaja explores in her paper, “Homewrecker 2.0: An Exploration of Liability for Heart Balm Torts Involving AI Humanoid Consorts,” which she presented at the 2011 International Conference on Social Robotics that took place in Amsterdam at the end of November.
“If the doll’s owner becomes enamored with the doll, and leaves his spouse, can the spouse sue as she or he would be able to if the interloper had been human? And who would be sued? The manufacturer? Inventor? The AI itself?” she questions. “So long as we’re intent on adding socially interactive AI into situations that would ordinarily be only human. … socially interactive robots need to be ‘safe to play with’ in a way that manufacturers of toaster ovens never had to imagine.”
Thus we are presented here with a legal quandary instigated by the advent of revolutionary technology affecting serious legal, moral and ethical issues. How should we view this inevitability and how shall we deal with it as a society? Continue reading ‘Robot Love?’
Court Orders Arrest of Lawyer After Judge Called “Catholic Knight Witch Hunter” in Bizarre Filings
Published 1, January 6, 2012 Bizarre , Courts , Criminal law , Lawyering , Religion , Society 24 Comments
A bankruptcy case in Minneapolis has produced some unexpected fireworks after U.S. Bankruptcy Judge Nancy Dreher ordered the arrest of an attorney who filed a bizarre litany of anti-Catholic remarks in a filing. Dreher ordered the arrest of lawyer Naomi Isaacson (left), who is president of a group known as the Dr. R.C. Samanta Roy Institute of Science and Technology Inc.
Continue reading ‘Court Orders Arrest of Lawyer After Judge Called “Catholic Knight Witch Hunter” in Bizarre Filings’
Turley Blog Hits 10 Million Viewers
Published 1, January 5, 2012 Academics , Animals , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Economics , Environment , Free Speech , International , Justice , Lawyering , Media , Military , Politics , Religion 20 Comments
Last night, we received word of two considerable accomplishments. First, we won the ABA Journal’s selection as the top opinion blog. Second, we hit our 10 millionth viewer on the blog. We are routinely ranked as one of the most visited legal blogs by AVVO. As our viewership has grown in only a few short years, we have reached a wider and wider international audience.
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TURLEY BLOG PICKED AS TOP OPINION LEGAL BLOG IN 2011
Published 1, January 5, 2012 Academics , Animals , Bizarre , Congress , Constitutional Law , Courts , Criminal law , Economics , Environment , Free Speech , International , Justice , Lawyering , Media , Military , Politics , Religion , Science , Society , Supreme Court , Torts 27 Comments
Last night the editors of the ABA Journal informed us that we have voted the top opinion blog of 2011 in the ABA Journal competition. It is our second such top award in the annual competition and it is an honor shared equally by all of our contributors and readers.
Continue reading ‘TURLEY BLOG PICKED AS TOP OPINION LEGAL BLOG IN 2011′
Just Two Days Left In The ABA Competition: We Need Your Vote!
Published 1, December 28, 2011 Academics , Animals , Bizarre , Congress , Constitutional Law , Courts , Criminal law , Economics , Environment , Free Speech , International , Justice , Lawyering , Media , Military , Politics , Religion , Science , Society 18 CommentsJust as Henry V rallied the thin, tired troops on the eve of the Battle of Agincourt, it is time to make that final call for votes in this year’s competition for the top opinion blog by the American Bar Association. There are now just two days left and, while we have pulled ahead in the last week, the contest remains very close with one of the top five largest legal blogs. If you like our blog, it is time to pony up and vote.
Continue reading ‘Just Two Days Left In The ABA Competition: We Need Your Vote!’
The Real Insurance Frauds
Published 1, December 24, 2011 Columns , Congress , Courts , Criminal law , Economics , Justice , Lawyering , Media , Politics , Society , Uncategorized 29 CommentsSubmitted by: Mike Spindell, guest blogger
It’s Christmastime again and since my childhood, long ago, the Frank Capra film “It’s A Wonderful Life” has been shown time and again in this season, providing a message of redemption, hope and joy that we associate with this time of year. You all know the plot about selfless George Bailey (James Stewart) a man who has sacrificed his dreams for others and because of his selflessness winds up running the Bailey Building and Loan Association, of Bedford Falls, NY. Because of George this institution has provided home loans for the poor of this rural community and serves as its bank. With the Company on the verge of bankruptcy, through duplicity, George is on the verge of suicide distraught over the losses to those he loves and worried by needs of the average people of his town. You all know this plot and if you don’t its summary is here. http://en.wikipedia.org/wiki/It%27s_a_Wonderful_Life#Plot . I must warn you, perhaps it’s the time of year but I choked up reading the plot, yet again, as I do every time I see this beloved movie.
This introduction has not been made because I’m about to write about banks, or the depredations of the banking industry. Others here and our host have already written extensively on the predatory nature of the banking industry and the harm it has caused to our country. My point of this opening is that we have all grown up with certain mythologies about businesses that provide financial services to the public. This film has had a place in defining that American mythology, in this instance about a bank of sorts, whose leader believes in aiding the community first and profits second. Myths shape our thinking and from my youth I still remember the ad slogan “You have a friend at Chase Manhattan”.
We’ve discovered that banks are anything but our friends. Their bottom line has surpassed service to the point that each customer is looked at as a “cash cow”, to be plundered incessantly with usurious interest and fees for what should be free services. But what about “You’re in Good Hands with Allstate”, “Nationwide Is On Your Side”, or “Like A Good Neighbor State Farm is There”? Surely the Insurance industry supplies the safety net we want for our homes and cars. Do they? Last week I was sent an article by the Independent Claims Adjuster handling my interminable case for mold damage to my home. He’s helping greatly so this isn’t about me, but the article he sent certainly puts into context all the delays in the process and how property insurance companies are maximizing their profits at the expense of their customers. Continue reading ‘The Real Insurance Frauds’
The Turley Blog Needs Your Vote! The ABA Competition Is Down To The Wire For Top Opinion Blog
Published 1, December 21, 2011 Academics , Courts , Criminal law , Economics , Environment , Free Speech , International , Justice , Lawyering , Media , Military , Politics , Religion , Science , Society , Supreme Court , Torts 54 Comments
This year’s competition for the top opinion blog by the American Bar Association has become an intense race between our blog and one of the largest conservative legal blogs, Volokh Conspiracy. Even though VC is one of the largest blogs in the country, we are only a couple of dozen votes away with voting closing on December 31st. We need every vote so please spread the word to civil libertarians and others that we need their support to pull off the ultimate David and Goliath victory.
Continue reading ‘The Turley Blog Needs Your Vote! The ABA Competition Is Down To The Wire For Top Opinion Blog’
Judge and Former Prosecutor of the Year Accused Of Withholding Evidence That Sent Innocent Man To Jail For 25 Years
Published 1, December 21, 2011 Constitutional Law , Courts , Criminal law , Lawyering 44 Comments
Michael Morton, 57, spent nearly 25 years in prison for murdering his wife before he was able to force Texas authorities to finally test DNA evidence that proved his innocence. Now he is demanding that the prosecutor be held accountable for withholding evidence. The problem is that the then-Williamson County District Attorney Ken Anderson, now a district judge in Georgetown (left).
Continue reading ‘Judge and Former Prosecutor of the Year Accused Of Withholding Evidence That Sent Innocent Man To Jail For 25 Years’
Newt Gingrich Channels His Inner Dictator
Published 1, December 18, 2011 Constitutional Law , Justice , Lawyering , Politics , Society , Supreme Court 61 Comments
Submitted by Gene Howington, Guest Blogger
Newt Gingrich made statements this weekend that leave little doubt he would drag the already overreaching Office of the President over the threshold of dictatorship. First, let us be clear about what a dictatorship is: a dictatorship is autocratic rule, control, or leadership; a form of government in which absolute power is concentrated in a dictator or a small clique; a government organization or group in which absolute power is so concentrated. Second, let us be clear that such a concentration of power in a single branch of government is clearly unconstitutional under the Separation of Powers doctrine.
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Sandusky Attorney Inadvertently Sends Reporters To Gay-Sex Line
Published 1, December 14, 2011 Bizarre , Lawyering , Media 15 Comments
Attorney Joe Amendola, the lawyer for former Penn State coach Jerry Sandusky, has been criticized for his going on television with his client for interviews that appeared to not only harden the public’s view against Sandusky and, as to Sandusky’s call in statements, could be used at trial. He has also been criticized as a controversial choice in a sex-scandal case when he was accused of impregnating a 16-year-old client (who he later married). Now, an innocent quip has landed him again in controversy when he told reporters to call 1-800-Reality, which turns out to be a real number featuring gay-sex.
Continue reading ‘Sandusky Attorney Inadvertently Sends Reporters To Gay-Sex Line’
-Submitted by David Drumm (Nal), Guest Blogger
A scent lineup starts with the collection of scent from a crime scene. Scent samples are also collected from potential suspects. A dog is presented with the crime scene scent and then presented with the scents from the suspects. The dog then communicates the matching scent to its handler. The dog handler then testifies at trial and his testimony has been presented as “scientific identification” in Texas courts.
Submitted By Mark Esposito, Guest Blogger
As if anxiety over the common risks of surgery weren’t enough, a strange story from Florida points up the dangers of flash fires during routine procedures. Kim Grice entered North Okaloosa Medical Center Outpatient Surgery Center in Crestview, Fla. for simple surgery to remove cystic growths from her scalp. After about two hours of surgery, an ambulance pulled up to the clinic and emergency personnel rushed past Grice’s mother, Ann, to transport her 29-year-old daughter to the South Alabama Medical Center due to severe facial burns.
Submitted By Mark Esposito, Guest Blogger
Some think lawyers and judges to be serious folk and devoid of humor as they carry out the public’s business. Here’s some proof to the contrary from Gavel2Gavel.com taken from real case depositions and trial transcripts:
By the Court: Is there any reason why you couldn’t serve as a juror in this case?
By a Potential Juror: I don’t want to be away from my job that long.
The Court: Can’t they do without you at work?
Potential Juror: Yes, but I don’t want them to know that.
______________________________________________
Senate Votes Overwhelmingly To Allow Indefinite Detention of Citizens
Published 1, December 2, 2011 Congress , Constitutional Law , Courts , Criminal law , Free Speech , International , Justice , Lawyering , Military , Politics , Society , Supreme Court 127 Comments
In one of the greatest attacks on civil liberties in this country’s history, Democratic and Republican Senators voted yesterday to approve a measure as part of the $662 billion defense bill that would allow for the military to hold both citizens and non-citizens indefinitely without trial — even those arrested on U.S. soil. In a welcomed change, President Obama has committed his Administration to fighting the measure as inimical to the rule of law. The measure was pushed by Carl Levin (D – Michigan) and John McCain (R – Arizona). While some members of Congress like Ron Paul (R., Texas) have denounced the bill, the measure passed at the same time that Administration lawyers publicly declared that the military and intelligence agencies alone should decide whether a citizen should be killed without a charge or hearing (including killing citizens on U.S. soil) — a position supported by President Obama who has ordered the killing of U.S. citizens under his claim of inherent authority.
Continue reading ‘Senate Votes Overwhelmingly To Allow Indefinite Detention of Citizens’
Turley Blog Selected As A Top 100 Legal Blog — Now We Need Your Vote!
Published 1, December 2, 2011 Academics , Constitutional Law , Courts , Criminal law , Environment , Free Speech , International , Justice , Lawyering , Media , Politics , Religion , Society , Supreme Court 45 Comments
The ABA Journal has released its list of the top 100 legal blogs in the world and we are once again in this august group of blogs. Congratulations to all of our regulars contributors and weekend bloggers. This blog’s success is due entirely to the consistently high level of commentary among our readers and, I believe, our commitment to civil and substantive (if at times passionate) dialogue on the legal and political issues of our day. We are again placed in the “opinion” category and facing two of the top five most popular blogs. You can vote at You can vote at this site by clicking on the “opinion” category and we need your vote. A quick registration is needed to prevent cheating in the competition.
Continue reading ‘Turley Blog Selected As A Top 100 Legal Blog — Now We Need Your Vote!’
Florida Judge Combines Criminal Sentencing With Weight Loss Offer
Published 1, November 28, 2011 Bizarre , Courts , Criminal law , Lawyering , Media 9 Comments
Florida Judge Donna Miller is delighted by the results of a novel sentence that she handed down to a 345-pound man jailed for driving with a suspended license. Miller told George McCovery, 37, that she would reduce his time by a pound a day for weight loss. He lost 25 pounds in 20 days and received early release. Miller is one of the judges who has merged justice with the entertainment industry — replaying proceedings on the television show “Lake Courts.” I have previously written about the dangers of such “novel” sentencing in judges using their courtrooms for entertainment or self-aggrandizement. While some judges have been sanctioned for crossing the line in merging judicial with their entertainment careers, Miller appears to be flourishing in the practice.
Continue reading ‘Florida Judge Combines Criminal Sentencing With Weight Loss Offer’
The Incarceration of Black Men in America
Published 1, November 26, 2011 Academics , Columns , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society , Supreme Court , Uncategorized 105 Comments
Submitted by: Mike Spindell, guest blogger
America has the world’s highest rate of incarceration, currently 738 per 100,000. Our nearest competitor for this dubious distinction is the Russian Federation with 607 and Cuba with 487. “The US incarcerates at a rate 4 to 7 times higher than other western nations such as the United Kingdom, France, Italy, and Germany and up to 32 times higher than nations with the lowest rates such as Nepal, Nigeria, and India.”
http://www.nccd-crc.org/nccd/pubs/2006nov_factsheet_incarceration.pdf Despite possible protestations that this is because we have the best law enforcement, my sense is that the reasons lie more in the system, than those who enforce it. No one ever lost an election in America because of the perception they “were tough on crime”.
“Race: Black males continue to be incarcerated at an extraordinary rate. Black males make up 35.4 percent of the jail and prison population — even though they make up less than 10 percent of the overall U.S population. Four percent of U.S. black males were in jail or prison last year, compared to 1.7 percent of Hispanic males and .7 percent of white males. In other words, black males were locked up at almost six times the rate of their white counterparts.” http://www.nccd-crc.org/nccd/pubs/2006nov_factsheet_incarceration.pdf
Despite possible protestations that this is because we have the best law enforcement, my sense is that the reasons lie more in the system, than those who enforce it. No one ever lost an election in America because of the perception they “were tough on crime”. “Race: Black males continue to be incarcerated at an extraordinary rate. Black males make up 35.4 percent of the jail and prison population — even though they make up less than 10 percent of the overall U.S population. Four percent of U.S. black males were in jail or prison last year, compared to 1.7 percent of Hispanic males and .7 percent of white males. In other words, black males were locked up at almost six times the rate of their white counterparts.”
http://www.laprogressive.com/law-and-the-justice-system/boiling-hot-mad/.html
These two sets of statistics when viewed together tell a terrible tale of how racial oppression still exists in this country despite our Black President and Black Attorney General. This Administration hasn’t caused of this problem, but they don’t seem to have made any progress dealing with it. We do know that there has been a widespread effort to play down the racial division that continues to plague this country. This continues despite Civil Rights Laws, Martin Luther King’s Birthday and TV beer commercials that always include at least one black male friend enjoying the camaraderie. Clearly there is a disconnect between how we Americans want to see ourselves and the reality for many Black males. Continue reading ‘The Incarceration of Black Men in America’
Special Prosecutor: DOJ Attorneys Cannot Be Charged With Criminal Contempt Because They Were Not Ordered To Comply With Legal and Ethical Rules
Published 1, November 22, 2011 Courts , Criminal law , Justice , Lawyering 38 Comments
The Justice Department is infamous for conducting long investigations of its own attorneys and finding no grounds for criminal charges as in the dubious investigation of attorneys involved in the torture program. Now, a special prosecutor has found that (surprise) there is no basis for criminal charges against Justice Department officials who concealed evidence in the prosecution of former U.S. Sen. Ted Stevens in open contempt of court. The reason is something only found plausible in the Justice Department’s review of its own conduct: U.S. District Judge Emmet Sullivan failed to order them not to conceal evidence and comply with ethical rules. I kid you not.
Continue reading ‘Special Prosecutor: DOJ Attorneys Cannot Be Charged With Criminal Contempt Because They Were Not Ordered To Comply With Legal and Ethical Rules’
Trying High-Profile Cases: Today’s ABA Discussion
Published 1, November 21, 2011 Courts , Lawyering , Politics 5 Comments
This afternoon, I will participating in a discussion of “Trying High-Profile Cases” with David Bois as part of the American Bar Association’s Annual Conference (CLE Premier Speaker Series Webinar). The conference also include federal judges Barbara M. G. Lynn
(Northern District of Texas) and Gene E. K. Pratter (Eastern District of Pennsylvania) and leading litigator Randall M. Kessler. It will start at 1:00 p.m. (ET).
Continue reading ‘Trying High-Profile Cases: Today’s ABA Discussion’
Let’s Kill All The Lawyers?
Published 1, November 19, 2011 Academics , Columns , Constitutional Law , Courts , Criminal law , Free Speech , Justice , Lawyering , Politics , Society , Supreme Court 45 Comments
Submitted by Mike Spindell, Guest Blogger
Last week during a long road trip, I was listening to a CD from the band The Eagles. A song came on written by Don Henley and Glenn Frey the group’s songwriters and leaders. The song is called “Get Over It”. As the autumn beautiful Shenandoah Valley landscape was passing by, a line from the song jarred me from my motoring reverie and made me think of this blog. The line was:
“The more I think about it, Old Billy was right
Let’s kill all the lawyers, kill ‘em tonight.”
Continue reading ‘Let’s Kill All The Lawyers?’
Mespo’s Approbo Non Reprobo: Virginia Court Reaffirms Approbating and Reprobating Rule In Victory For Turley Blogger
Published 1, November 16, 2011 Lawyering , Society 44 Comments
If any of our regular readers received the Virginia Lawyer’s Weekly, they would have spotted a familiar name in a recent notable case. Mark Esposito, one of our esteemed Guest Bloggers, featured prominently in the case — showing that he is as talented in the legal sphere as he is in the blogosphere. He won in the clever use of the doctrine of quod approbo non reprobo. It might be easier in the future for court to just call it “a Mespo” claim. The case is Womack v. Yeoman (VLW 011-8-207)
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Should Kagan Recuse Herself From The Health Care Case?
Published 1, November 15, 2011 Courts , Justice , Lawyering , Politics , Supreme Court 31 Comments
We have previously discussed the question of recusals involving Justice Clarence Thomas and his violation of reporting rules on the Court. Now, a similar debate is likely to start over the participation of Justice Elena Kagan in any review of Patient Protection and Affordable Care Act. The loss of Kagan could be determinative in a close vote on the Court, but that is always the danger in selecting your Solicitor General as a nominee. While Kagan used the announcement of cases on Monday to recuse herself for other cases, she notably did not include the Florida case.
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By Mike Appleton (Guest Blogger)
The sexual harassment controversy currently surrounding the Herman Cain campaign has produced the expected responses. The candidate has vigorously denied all of the accusations and his defenders have hurled a few of their own, alternately blaming both Republican rivals and Democrats for the scandal and questioning the motives and veracity of the alleged victims. The accounts of the women who have come forward have been truly disturbing, but what is almost as disturbing are the public statements of Mr. Cain’s newly retained attorney, Lin Wood.
ABA Journal Under Fire For Coverage Of Survey Of Legal Secretaries
Published 1, November 7, 2011 Academics , Bizarre , Lawyering , Media , Politics , Society 101 Comments
I often read ABA Journal as a great source of legal stories. The journal however has been the center of controversy this month after reporting on the results of a study on the preference of secretaries vis-a-vis male and female partners. The study by Professor Felice Batlan interviewed 142 secretaries at larger law firms and produced a surprising result: not a single secretary preferred female partners. When the ABA Journal reported that surprising fact, professors accused it of fostering gender stereotypes, misrepresenting the results of the study, and displaying a sexist view of the work. Some demanded a retraction and apology from the ABA Journal.
Continue reading ‘ABA Journal Under Fire For Coverage Of Survey Of Legal Secretaries’
Richmond, VA Photographer Arrested For Trespass on Public Street
Published 1, November 5, 2011 Constitutional Law , Courts , Criminal law , Free Speech , Justice , Lawyering , Media , Society , Things That Tick Me Off 78 CommentsSubmitted by Mark Esposito, Guest Blogger
Richmond, Va photographer, Ian Graham, must be wondering where he was this past Monday as he was arrested by local police for trespassing on a city street. Graham, who was photographing police arresting demonstrators in the Occupy Richmond protest, was told by police he was trespassing as he politely stood near a public crosswalk recording the goings on with his camera. Police claim they told Graham he could take photos but only in the designated “media area,” which was, of course, far from the scene of the arrests.
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Texas Judge Under Investigation After Daughter Releases Video of Savage Beating
Published 1, November 3, 2011 Courts , Criminal law , Lawyering , Society 88 Comments
County Court-at-Law Judge William Adams has become an Internet sensation, but not in a good way. A video was posted that purportedly shows the judge beating his disabled teenage daughter. Now, the YouTube video has triggered a formal investigation. The 2004 beating by the judge was reportedly due to her use of the Internet without his permission. The daughter leaked the video entitled “Family law judge beats own daughter for using the internet, please spread” to expose what she says is her father’s untreated “problem.” The daughter who has cerebral palsy was caught downloading music.
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The Bumble Defense: Man Claims Prostitute Transformed Into Donkey During Sexual Encounter
Published 1, November 3, 2011 Bizarre , Criminal law , International , Lawyering 30 Comments
A court in Zimbabwe had a true Mr. Bumble moment when a man accused of sex with a donkey mounted a unique defense: Sunday Moyo insisted that he had hired a prostitute and she transformed into a donkey during the sexual encounter.
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Three Strikes and You’re Out [of Lawyers]: Judge Rules That Violent Defendant Must Represent Himself
Published 1, November 3, 2011 Bizarre , Criminal law , Lawyering 29 Comments
For Joshua Monson, it appears that the court has finally run out of pencils and he has run out of lawyers. Monson has stabbed three prior lawyers with pens or pencils. Now, Snohomish County Superior Court Judge David Kurtz (left) has ruled that he has forfeited his right to counsel and must represent himself.
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Did Cain Trip The Wire? Attorney Suggests Breach of Confidentiality Agreement
Published 1, November 2, 2011 Lawyering , Politics , Torts 52 Comments
There is an interesting legal question at the heart of the still unfolding scandal over whether Republican Presidential contender Herman Cain engaged in sexual harassment. Women accusing Cain were reportedly given a settlement with a gag provision — a common element to such settlements.
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Who Are These People? Foreclosure Firm Staff Mock Homeless People At Halloween Party
Published 1, November 2, 2011 Bizarre , Constitutional Law , Free Speech , Lawyering , Society 33 Comments
These pictures sent to columnist Joe Nocera from a Halloween party last year show affluent people mocking homeless people with signs like this reading “3rd Party Squatter. I Lost My Home & Was Never Served!!” Under any circumstances in a devastating recession, such costumes would show callous and tasteless senses of humor. However, this was a party of lawyer with the law firm of Steven J. Baum, a “foreclosure mill” representing banks and mortgage servicers.
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Holdings, Dicta, And Stare Decisis
Published 1, October 23, 2011 Courts , Lawyering , Supreme Court 1,347 Comments-Submitted by David Drumm (Nal), Guest Blogger
Holdings, or ratio decidendi (Latin for “the rationale for the decision), are those parts of a court’s opinion that are binding on lower courts and later courts. This binding is referred to as the doctrine of stare decisis which provides hierarchical (vertical) and temporal (horizontal) continuity throughout the judicial system. Obiter Dicta (Latin for a statement “said in passing”), or dicta, are those parts of a court’s opinion that are not binding on lower courts and later courts. Dicta may suggest an interpretation of the law that may prove useful in future cases.
Federal Judge Dismisses War Powers Challenge By Members of Congress
Published 1, October 20, 2011 Congress , Constitutional Law , Courts , Lawyering , Military , Politics 55 Comments
Soon after the news that Gadhafi had been shot, Judge Reggie Walton issued an opinion dismiss the lawsuit by members of Congress challenging the war powers claim underlying the intervention in the Libyan war without a declaration of Congress. I represent the members in that litigation. The Court declined to rule on the merits of the constitutional claims and instead held that the court does not have jurisdiction to rule on such questions. Despite the timing, the opinion did not turn on the removal of Gadhafi. The opinion is below.
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PM Cameron Blocks Inquiry Into Killing of Irish Lawyer Pat Finucane
Published 1, October 14, 2011 Criminal law , International , Lawyering , Religion , Society 6 Comments
As I and others were celebrating last night at the home of Irish Ambassador Michael Collins, there was one Irish lawyer who could not attend: Pat Finucane. Finucane was gunned down in front of his wife and three children in a savage murder in in Belfast in 1989. His family was crushed this week in a meeting with British Prime Minister David Cameron when he told them that he was blocking a public inquiry into the death — linked to a police informant. Instead, Cameron said he would ask a lawyer to look into the matter.
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The annual selection of the Top 100 Irish Lawyers in the World has been released by The Irish Voice and I am honored to be included again among the honorees this year. Last night, I received the award with fellow honorees from around the world at the residence of the Irish Ambassador, Michael Collins and his wife Marie. Despite a downpour that left some of us dripping like we had just swum across the River Shannon, Collins greeted us with a towel and a warm welcome. He is a great credit to Ireland and turned out his home to lawyers from around the world for the evening.
Chicago Lawyer Faces Suspension Over Calling Other Attorney “Gay Scum” and “Child Molester”
Published 1, October 11, 2011 Bizarre , Lawyering 16 Comments
I have seen a few angry lawyers in court, but Chicago Thomas Guadagno, 66, may take the cake. Guadagno has agreed to a month suspension of his license after calling opposing counsel “gay scum” and a “child molester,” among other bizarre statements.
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Law Professor Files Ethics Complaint Against Crowell & Moring Lawyers For Inbreeding Remark
Published 1, October 10, 2011 Bizarre , Courts , Lawyering , Media , Politics , Society 33 Comments
An assistant law professor Jason Huber of the Charlotte School of Law in North Carolina has filed an ethics complaint against four Crowell & Moring lawyers in a rather novel case. He accuses the lawyers of suggesting that inbreeding could be responsible for Appalachian birth defects found in a study of mountaintop mining.
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Surprise! Nancy Grace Proclaims Knox Guilty and Denounces Acquittal as “Miscarriage of Justice”
Published 1, October 6, 2011 Bizarre , Justice , Lawyering , Media 104 Comments
Nancy Grace took time away from her dancing stint on Dancing With The Stars to rally the mob in condemning an acquitted person. Grace called the acquittal of Amanda Knox a “miscarriage of justice” despite the few of many (including myself) that the case was riddled by mistakes, false statements by the police or prosecutors, and open speculation. Nevertheless, in Grace’s preference for “sentence first — verdict afterwards,” the Italian jury was the outrage by looking at the evidence and standard of proof.
Gonzales Hired To Teach At Unaccredited Belmont Law School in Tennessee
Published 1, October 4, 2011 Academics , Bizarre , Justice , Lawyering 54 Comments
While former U.S. Attorney General Alberto Gonzales has been able to escape investigation and prosecution for his role in the torture program, no law firms or ranking law schools wanted to touch him as he sought gainful employment. Gonzales has been struggling to find someone who wants to be represented or taught by an individual ridiculed for politicizing the Justice Department and bringing in hacks who were accused of a variety of criminal and ethical violations. Well, he finally found one school. Belmont University has created an unaccredited law school in Tennessee. Its new Doyle Rogers Distinguished Chair of Law is no one else than Alberto Gonzales.
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Judges Behaving Badly (3): Chief Judge Dennis Jacobs Attacks Civil Libertarians and Lawyers Before Second Circuit
Published 1, September 23, 2011 Constitutional Law , Courts , Lawyering , Society 15 Comments
We recently discussed the shocking outburst by conservative judges on the Seventh Circuit and Fifth Circuits. Now, a judge on the United States Court of Appeals for the Second Circuit has joined the ranks of jurists engaging in visceral and, in my view, inappropriate commentary from the bench. The circuit sitting en banc split 6-6 Wednesday on whether to grant en banc review on a challenge of the federal wiretap law. What was most striking, however, was not the sharp division but the rhetoric of Chief Judge Dennis Jacobs. Building on a trend of federal judges to so narrow standing as to block any meaningful avenue to challenge government actions. However, Jacobs decided to vent his anger at public interest attorneys and their causes and clients.
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Chief Judge Edith Jones Attacks Fellow Judge in Oral Argument And Yells At Him To Shut Up Or Leave The Courtroom
Published 1, September 22, 2011 Bizarre , Courts , Lawyering , Society 31 Comments
Chief Judge Edith Jones of the United States Court of Appeals for the Fifth Circuit has long been unpopular with many lawyers and judges. Now her reputation for a certain nastiness has emerged in a public scandal after she screamed at her colleague Judge James L. Dennis to “shut up” or get out in the middle of an oral argument.
Seventh Circuit Slams Attorney For 345-Word Sentence and “Gibberish” — Demands Show Cause On Possible Disbarment
Published 1, September 20, 2011 Courts , Lawyering , Politics , Society 23 Comments
If brevity is the soul of wit, Walter Maksym may be the most witless lawyer in practice. That may soon change if the Seventh Circuit has its way. The court slammed Maksym recently for writing a brief full of gibberish, including a 345-word sentence. The court has ordered Maksym to show cause why he should not be disbarred.
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Posner Ridicules Right of Citizens To Film Police in Seventh Circuit Oral Argument
Published 1, September 19, 2011 Constitutional Law , Criminal law , Free Speech , Lawyering 67 Comments
Judge Richard A. Posner is a legal icon who has had more impact on the development of the law. As the father of the Law and Economics movement, Posner’s writings are featured heavily in my classes as well as other classes around the country. While I disagree with him, I have tremendous respect for his scholarship and jurisprudence. However, a recent oral argument revealed a less flattering side of the former University of Chicago professor. Faced with an attorney from the American Civil Liberties Union in a case involving the right of citizens to film police in public, Posner cut him off after 14 words and spoke derisively of the right of citizens and groups to engage in such protected conduct.
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Reflections On 9/11
Published 1, September 11, 2011 Columns , Congress , Constitutional Law , Courts , Criminal law , International , Lawyering , Media , Military , Politics , Society 87 Comments
Below is today’s brief essay in the Los Angeles Times that is part of a series called Reflections on 9/11. I was asked that day after the attacks to write a column for the newspaper, which ran on September 13, 2001. As I wrote the piece, I could still see smoke rising from the Pentagon. The plane in Washington hit just behind my car a minute or so after I passed the Pentagon on my way to work from Alexandria. On that day, my greatest concerns were two-fold: a change in the definition of war and the expanded use of assassination. Unfortunately, my worst predictions were exceeded by the Bush Administration and later the Obama Administration. It is shocking to think that this was ten years ago. The images and feelings remain so vivid. My car was forced into a curb by a careening car that morning and I had to replace my tire as the smoke bellowed from the Pentagon. The thought of all the innocent people lost in Washington, New York, and Pennsylvania remains an open wound for so many of us. The sheer savagery and inhumanity of the attacks shocked the conscience — a feeling only magnified later when Bin Laden was shown gloating over how he personally advised the terrorists on the best place to hit the buildings. The cautionary piece on September 13th was not meant to take away from the legitimate and collective anger that we felt — and still feel. However, it was already clear within two days of the attacks that Bush officials were going to seek the radical expansion of presidential powers and were already referencing our civil liberties as an impediment to our safety. My heartfelt sympathy to all who lost friends and family on that day.
Georgia Magistrate Tossed Off Bench After Record of Pot-Smoking and Bizarre Conduct
Published 1, September 7, 2011 Bizarre , Courts , Lawyering 9 CommentsMagistrate Judge Anthony Peters of Catoosa County has been removed from office for misconduct. For our regulars on the bench, fear out. Peters, a non-lawyer, set the standard pretty high after smoking pot, kicking in doors, and pointing a gun at his own head.
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Making Millions From Mammon? Jay Sekulow Accused Of Funneling Millions To Family
Published 1, September 7, 2011 Bizarre , Lawyering , Religion , Society 30 Comments
It may be true that “Ye cannot serve God and mammon,” but Jay Sekulow, the advocate for conservative religious causes, seems to have found a way. A new report alleges that Sekulow and his family have reaped millions in defending religious organizations and fighting the separation of church and state. What is clear is that his decision to fight for religious groups did not involve a vow of poverty.
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Nuremburg Revisited and Revised: The Legitimation of Torture in the United States
Published 1, September 6, 2011 Constitutional Law , Criminal law , International , Justice , Lawyering , Media , Politics , Society 121 Comments
With the approach of the ten-year anniversary of September 11th, this chapter of a new book may be of interest. I agreed to join authors from both sides of the debate in a discussion of the legacy of the attacks, though the book is heavily weighted with conservatives ranging from John Ashcroft to Michael Mukasey to John Yoo. I was not aware when I agreed to do the chapter that Yoo would join Dean Reuter as an editor on the book. Despite my strong feelings about Yoo’s infamous role in the torture program, I felt that I had to fulfill my promise so I wrote a chapter on torture and the torture lawyers, including Yoo. The book is entitled Confronting Terror: 9/11 and the Future of American National Security.
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Perp Walks: Bronx Man Accused of Attempted Murder of Police Officer Allowed to Walk Due to Mishandling of Case By Prosecutor
Published 1, September 5, 2011 Bizarre , Criminal law , Lawyering , Society 4 Comments
Darren Morris, 27, a parolee accused of trying to kill a police officer, has hit the jackpot. Morris will walk after Bronx prosecutor Christine Scaccia missed a series of court dates that resulted in the judge eventually forcing all charges to be dropped for lack of prosecution.
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Maricopa County Settles First Case Over Abuses By Joe Arpaio and Andrew Thomas
Published 1, September 5, 2011 Bizarre , Courts , Criminal law , Lawyering 12 Comments
While Maricopa County Sheriff Joe Arpaio continues to spend money on such things as giving Steven Seagal a tank and army to raid homes for his reality television program, county lawyers are trying to settle one of the many lawsuits over his abuse of his office. The latest payment of tax dollars went to retired county Superior Court Judge Kenneth Fields. We previously detailed the disgraceful actions taken by former County Attorney Andrew Thomas and Arpaio against judges who did not bend to their will.
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Law Professor Sues Pitt For Age Discrimination
Published 1, August 25, 2011 Academics , Constitutional Law , Lawyering , Society 3 Comments
The University of Pittsburgh School of Law is being sued for age discrimination by tax professor William J. Brown. Brown, 73, first began at Pitt in 1968 and earned tenure at that institution. After 30 years, he left to accept a post as director of the Graduate Tax Program at Duquesne’s business school. When he returned in 2006, he alleged was blocked to returning as a full-time faculty member by a decision of the law school to seek younger faculty members.
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Appellate Lawyer Of The Week Interview
Published 1, August 25, 2011 Constitutional Law , Courts , Lawyering 2 Comments
I was honored recently to be selected as the Appellate Lawyer of the Week featured in the National Law Journal. Here is the interview. The interview was a chance to speak with one of the great legal journalists, Tony Mauro, whom I have long admired.
Pillar Envy: Wisconsin Bar Sued LexisNexis Over Use of Column Symbol
Published 1, August 24, 2011 Bizarre , Lawyering , Society 19 Comments
We have another rather bizarre infringement action based on a fairly common symbol. The State Bar of Wisconsin has sued LexisNexis over its use of an online logo that looks like its own symbol. Once again, as with prior lawsuits by Apple and other organizations, I fail to understand the tightening stranglehold of infringement actions over the use of common symbols and terms. The column is a standard symbol for lawyers and schools. In my view, the Wisconsin Bar is showing poor judgment in litigating such an issue — particularly when there is little danger of confusion for observers.
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Illinois Officials Seek Disbarment of Ex-McDermott Partner Who Allegedly Lied On School Financial Aid Form
Published 1, August 24, 2011 Bizarre , Lawyering , Society 9 CommentsFormer McDermott Will & Emery partner Bruce Paul Golden is facing disbarment in Illinois after officials learned that he had allegedly lied about his income on a financial aid form for a private school. The school is Francis W. Parker, one of the most affluent schools in Chicago. I graduated from Parker’s traditional rival, Latin School of Chicago. Both are ridiculously expensive, but Golden is accused of actually altering his tax forms to establish a base for support.
Lawyers and Law Professors Erupt in Bitter Debate After Identification of “ScamProf”
Published 1, August 23, 2011 Academics , Bizarre , Free Speech , Lawyering , Media , Politics 18 Comments
It is often said that “academic politics are so vicious precisely because the stakes are so small.”[FN1] Some may view the recent dust up between University of Colorado Paul Campos (left) and University of Chicago law professor Brian Leiter as such an example. However, there are some important issues raised in the controversy over the writings of “ScamProf.” Campos recently admitted that he is the anonymous law professor who created such a stir with a criticism of law teaching and law schools. Critics say that Campos only came forward after various bloggers had deduced his identity. However, Leiter and others went further and challenged Campos personally and professionally.
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Boys of Fall: Coach Orders Carpenter Off Job For Wearing Wrong Tee Shirt
Published 1, August 13, 2011 Courts , Justice , Lawyering , Media , Society , Things That Tick Me Off 19 CommentsSubmitted by Mark Esposito, Guest Blogger
With the end of summer comes the beginning of the fall ritual that is college football. You know, where men of strength and character mold the minds and bodies of our youth into men of strength and character. There are plenty of good examples and one particularly curious one. Oklahoma State FB coach Mike Gundy is a world-wide phenom for his 2007 YouTube meltdown in which he attempted to deflect criticism from a OSU football player with his famous, “I’m a Man. I’m 40!” tirade against the local newspaper reporter, Jenni Carlson, for printing, well, the truth. You can re-live that moment here.
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Kentucky Man Kills Woman in DUI — and Receives Four Days In Jail
Published 1, August 11, 2011 Criminal law , Lawyering , Society 24 CommentsNow this could make for an interesting challenge. Brian Pollard was arrested for DUI in an accident that led to the death of Peggy Williamson. He received only four days in jail after pleading guilty. When the family cried foul, District Judge Rebecca Phelps and prosecutors insisted that they had no idea someone died. They are now moving to charge him again — after he was sentenced on the crime for DUI.
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United States Olympic Committee Threatens To Sue The Redneck Olympics
Published 1, August 10, 2011 Bizarre , Free Speech , Lawyering , Politics 32 Comments
The United Stats Olympic Committee has issued a formal letter stating its intent to sue the “Redneck Olympics” over the use of the word “Olympic.” The Committee insists that it owns the word Olympic — despite the fact that it refers to an ancient sporting event from Greece that preceded both the United States and copyright/trademark laws. (It turns out that this early depiction of the Greek Olympics had been long misinterpreted as a race. It is actually early Greek lawyers serving an organizer with a complaint over the use of the word Olympic in 776 BC).
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Illinois Attorney Charged With Attempted Murder-For-Hire of Girlfriend’s (and Client’s) Ex-Husband
Published 1, August 8, 2011 Criminal law , Lawyering 19 Comments
Illinois divorce attorney Jason W. Smiekel, 29, has been charged with trying to hire someone to kill his girlfriend’s ex-husband. Smiekel represented his girlfriend in the divorce. The undercover ATF officer claimed that Smiekel said the man had knowledge of possible criminal conduct and would soon give that evidence in a hearing.
Can We All Get Along?
Published 1, August 6, 2011 Academics , Columns , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society , Supreme Court 171 CommentsSubmitted by: Mike Spindell, guest blogger
“People, I just want to say, you know, can we all get along?” Rodney King 5/1/92
The arguments and divisions politically here and throughout this country are rampant and destructive. Anger and hatred of others of differing opinions rises at times to fever pitch and I admit that I am part of the problem as much as anyone else is. This is a somewhat different piece in that I am going to present some national problems, as I see them and elicit your comments on them, in an attempt to discover whether there is some common ground agreement, on some things plaguing our society. While I am more interested in whether or not people agree that these are indeed problems for us all to consider and work to solve, it is certainly apropos for people to comment on what they believe the solutions to be.
This is an experiment on the viability of people agreeing on the premise that a problem exists in a given area. We cannot begin to resolve issues, unless we first agree that they are issues to be contemplated by the entire body politic. My hope is to engender real, civil discussion and perhaps at the end reach something like consensus. This is not a plea for Bi-Partisanship because to me that is a fantasy, whoever may utter it. To be “partisan” is to hold strong opinions and srong opinions do not resolve themselves into agreement. The resolution reached by “partisans” is always one of compromise, without either side changing their core beliefs, but agreeing to take part of the loaf. I am “experimenting” to see if many of the diverse viewpoints represented here can at least agree that a specific issue is indeed a problem, or if it is indeed an issue. Beyond writing this, I will not take part in the ensuing discussion, since the formulation itself indicates my views on whether these are indeed problems. I will limit my questions to legal issues, with no particular order of importance intended.
First, We Kill Silence All The Lawyers
Published 1, July 30, 2011
Constitutional Law , Free Speech , International , Justice , Lawyering , Media , Politics , Society
24 Comments
Submitted by Gene Howington, Guest Blogger
The July 24th catastrophic crash of a high speed train in Wenzhou, eastern China, made world wide headlines. The dead and injured totals as of today, July 30th, stand at 40 dead and 192 injured although earlier reports indicated as many as 210 injured including 2 foreigners. The cause of the accident is still under investigation, but the preliminary facts indicate that train D301 in service from Beijing South Station to Fuzhou (in Fujian province) and train D3115 in service from Hangzhou to Fuzhou, were derailed when D301 struck the stationary D3115 at around 8:30pm local time. Although both trains are limited to traveling at a maximum of 250km/h (~155 mph), it is uncertain how fast D301 was moving at the time of the accident.
This is more than just a human tragedy for China, but possibly an economic tragedy as well. With China looking to compete globally to sell high speed rail systems that are going to become increasingly important to countries around the world as fuel prices rise, their systems have been plagued by unstable performance and this crash caused the stock of state owned CSR Corporation to plummet 14 points on the Hong Kong Stock Exchange. Although CSR is technically the world’s largest manufacturer of high speed rail equipment, it faces stiff competition from German and Japanese manufacturers who have more mature and refined products. While none of this is unfamiliar to anyone who has followed businesses in the wake of a disaster in the West, what is unusual is what happened next.
Lawyers were told not to take plaintiff’s cases related to the rail accident.
South Carolina To Try Citizen For Nutsy Display
Published 1, July 30, 2011 Constitutional Law , Courts , Criminal law , Justice , Lawyering , Society 47 CommentsSubmitted by Mark Esposito, Guest Blogger
Bonneau is a quiet little town in the “Low Country” of South Carolina. Boasting plenty of southern charm, it covers about 2.9 square miles and sports 354 residents. Not much going on except good red beans and rice and some pleasantly hot summer boat rides on Lake Moultrie. Pretty Mayberry-esque except it’s also the epicenter for a debate on South Carolina’s obscenity laws which prohibit motorists from displaying bumper stickers, decals, or devices depicting “sexual acts, excretory functions, or parts of the human body in an offensive way as determined by contemporary community standards.”
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NY’s Marriage Equality Act Sees First Court Challenge
Published 1, July 25, 2011 Courts , Justice , Lawyering , Politics , Religion , Supreme Court 16 CommentsSubmitted by Mark Esposito, Guest Blogger
In This Corner: NY Governor Andrew Cuomo ...
A coalition of conservative groups filed for an injunction in a Livingston County, New York Supreme Court (a trial court in NY parlance) asking the judge to overturn New York’s same-sex marriage law. New Yorker’s for Constitutional Freedom (NYCF) seek to enjoin operation of the law claiming that procedural requirements for the legislation were ignored, legislators were promised huge campaign contributions in exchange for their vote by NYC Mayor Bloomberg, and that Governor Andrew Cuomo violated the three-day review period by falsely issuing a “message of necessity” to the Legislature to speed up passage of the legislation. Through their lawyers, Liberty Counsel, the conservative action group also claims the public and lobbyists were shut out of the process.
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Lessons from Roe in the Brown Polygamy Case
Published 1, July 22, 2011 Constitutional Law , Courts , Justice , Lawyering , Religion , Society 85 CommentsSubmitted by Mark Esposito, Guest Blogger
Rarely do I disagree with our host, but on the Brown polygamy case we do. And not so much on the merits of the case as on the timing of it. I’ve said before I would decriminalize the practice of polygamy and regulate it much as we do other human relationships where there exists real risk of overreaching or exploitation. I think this approach serves the interests of the important right of privacy and protects the vulnerable.
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Turley Demands Retraction and Apology From Conservative Attorney and Radio Host Debbie Schlussel
Published 1, July 18, 2011 Constitutional Law , Free Speech , Lawyering , Media , Politics , Religion , Society 84 CommentsTwo of my clients in the pilots litigation flagged an article by conservative Republican activist and attorney Debbie Schlussel reporting that I am funded by the Bin Laden family and using the Brown family as a front for an Islamic radical agenda. Ms. Schlussel previously attracted national attention by writing in the aftermath of Bin Laden’s death “1 down, 1.8 billion more to go.” She was also denounced for her statement that CBS reporter Lara Logan deserved to be raped while covering the protests in Egypt — a statement rightfully criticized by David Drumm (which she attributes to me). The article by Ms. Schlussel is clearly defamatory and neither she nor her attorney has responded to inquiries over the last couple days.
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Pennsylvania Judge Under Fire For Dismissing Her Own Parking Tickets
Published 1, July 18, 2011 Bizarre , Courts , Criminal law , Lawyering , Politics 9 CommentsWhen Kelly Ballentine was given several parking tickets, she lucked out by getting a lenient judge: herself. The Lancaster Magisterial District Judge dismissed a no-parking ticket and an expired registration ticket in December and a no-parking ticket in January.
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Justice Department Forces Mistrial After Violating Court Order in Clemens Trial
Published 1, July 15, 2011 Bizarre , Constitutional Law , Criminal law , Justice , Lawyering 23 Comments
In an enormous embarrassment, the Justice Department forced a mistrial in the trial of baseball star Roger Clemens after its attorneys committed a flagrant violation of the court’s orders. Clemens will now have to be retried after U.S. District Judge Reggie Walton found that the Justice Department severely undermined a fair trial for the accused. The sanction is a sharp blow to U.S. Assistant Attorney Steven Durham and his team — and a rare example of a court imposing such sanctions against the government. Defense attorneys often complain that prosecutors engage in such conduct — including some intentional slips — because they are confident that the jury will simply be told to disregard the evidence. It is not known if this was an intentional or simply negligent act by the prosecutors.
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Warrant Issued For Former Prosecutor After No Show In Theft Trial
Published 1, July 14, 2011 Criminal law , Lawyering 13 CommentsA Louisiana court has issued a warrant for arrest for former Terrebonne assistant district attorney Stephen Callahan, 51, after he failed to appear to stand trial on allegations that he stole the money of a client, Sarah Reed, 56. Callahan’s lawyer has insisted that Callahan simply couldn’t find a ride on Monday or Tuesday.
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Brown Family Challenges Utah’s Polygamy Law
Published 1, July 13, 2011 Constitutional Law , Courts , Criminal law , Free Speech , Lawyering , Media , Politics , Religion , Society 185 Comments
Today, we filed the complaint below in the challenge to Utah’s criminal polygamy law. I am still in Salt Lake City for the filing. With me today is our local counsel Adam Alba, an outstanding young attorney and one of my former students. As noted earlier, the lawsuit is on behalf of my clients, the Brown family. The Browns are featured in the TLC program Sister Wives as an openly polygamous family.
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Pennsylvania Lawyer Gets 10-25 Years After Hunting Accident
Published 1, July 11, 2011 Bizarre , Criminal law , Lawyering , Society 9 Comments
Attorney David Manilla received a sentence of 10-25 years behind bars for a hunting accident in which Barry Groh was killed. Normally, such accidents are tragic but routine — without criminal charges. However, Manilla was barred from owning guns due to a prior conviction. Manilla, 49, pleaded guilty to involuntary manslaughter and firearms offenses, including possession of a gun as a felon. Manilla’s effort conceal the crime aggravated the underlying crime.
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Casey Anthony Case: Hate the Facts, Not the Jury
Published 1, July 8, 2011 Courts , Criminal law , Lawyering , Society 76 Comments
Here is today’s column on the Casey Anthony trial (the print copy runs next week). Anthony is to be released in a matter of days, though the original calculation of next Wednesday appears to be incorrect.
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Report: Russian Anti-Corruption Lawyer Beaten To Death By Eight Guards in “Sailor’s Silence” Prison
Published 1, July 6, 2011 Bizarre , Criminal law , International , Lawyering , Society 11 Comments
A leading Russian anti-corruption lawyer, Sergei Magnitsky died recently in custody. It was immediately called suspicious and now there is a report that eight guards who beat him while handcuffed in a small cell. The guards reportedly forced an ambulance to wait as they beat him to death.
Government Leaks Evidence To Undermine Whitey Bulger Trial — Judge Asks for “Plan” From Justice To End Unethical Disclosures
Published 1, July 1, 2011 Bizarre , Courts , Criminal law , Justice , Lawyering , Politics , Society 50 Comments
One of the longest standing complaints among criminal defense attorneys is that the government often goes ballistic when a defense attorney makes public statements in support of his or her client. Judges often hammer private counsel under increasingly harsh gag orders. Yet, the government routinely influences cases by leaking information that could only come from the prosecutors or investigators on the case. This problem is even more acute in high-profile cases like that of Richard Jewell and my former client Dr. Thomas Butler, where leaks were used to target innocent men to try to force them to plead. Now, like clockwork, the Justice Department has again started the leak war in the case of alleged mobster James “Whitey” Bulger. However, the judge has simply asked the Justice Department for a “plan” on how to stop the leaks. If this were a private firm, there would be a contempt hearing.
Friend of this blog (and this blogger) Frank Mascagni attended my speech to the Kentucky bar this month and snapped some pictures. One shot at the “Pursuing Justice” conference produced an ironic twist.
MIchigan Implements New Changes In Role Of Jury and Judge In Trials
Published 1, June 30, 2011 Courts , Criminal law , Lawyering , Society 16 Comments
Michigan has implemented some sweeping changes to the role of jurors and judges in trials, including allowing jury to ask questions of witnesses. I have some reservations about the changes below, but I am most concerned over the ability of judges to summarize the evidence. This could invite considerable bias and influence into trials.
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Tom Melsheimer, counsel for Mark Cuban, has mastered the principle of “brevity is the soul of wit” — and apparently the grounds for dismissal. In a truly brief brief, Melsheimer answered claims by Ross Perot Jr.’s that Cuban has been “reckless and careless” in running the Dallas Mavericks, with a picture of fans celebrating the NBA Championship.
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Members of Congress Challenge Libyan War in Federal Court
Published 1, June 15, 2011 Congress , Constitutional Law , International , Justice , Lawyering , Media , Military , Politics , Society , Supreme Court 102 Comments
Today, I have the honor of representing ten members of the United States House of Representatives in challenging the constitutional basis for the Libyan War — and the underlying claims made by President Obama. These members include Democrats and Republicans from across the political spectrum. They share a belief that Article I, Section 8 of the Constitution expressly requires the authorization of Congress before a president can commit the nation to war. The lawsuit will be heard in the United States District Court for the District of Columbia. We filed this afternoon and held a press conference with the members in front of the courthouse. A copy of the complaint (which will be heard by Judge Reggie Walton) is below.
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Public Integrity Prosecutor Accused Of Using Conflicts Case To Pressure Firm To Hire Family Member
Published 1, June 10, 2011 Criminal law , Justice , Lawyering 7 Comments
Deputy Dist. Atty. Juliet Schmidt, a member of the L.A. district attorney’s Public Integrity Division, is under fire after sending a letter to a law firm in a conflict-of-interest case that first suggested that its client “might” be exonerated and then asked if the firm would give her nephew of job. That is, of course, a conflict of interest itself.
Corpus Delicti: Illinois Lawyer Charged With Prostitution
Published 1, June 3, 2011 Bizarre , Criminal law , Lawyering 32 Comments
Attorney Reema N. Bajaj, 25, has been charged with three counts of prostitution and has admitted that she was a prostitute but gave up the occupation after graduating law school. She is not alone in allegedly the combination of two of the oldest professions.
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Ex-Prosecutor Keep License After Jury Acquits Him in Ticket Fixing Case Despite Three Prior DWI Convictions
Published 1, June 3, 2011 Courts , Criminal law , Lawyering 14 Comments
Former prosecutor Stephen Lopresti will keep his law license after jurors acquitted him of fixing tickets. Lopresti was charged with felony DWI after a 2006 accident in the Bronx. Despite the testimony of two corrupt officers, the jury found Lopresti not guilty.
Good Lord: Judge Rejects Plea As Too Lenient, Jury Then Acquits Defendant
Published 1, June 3, 2011 Bizarre , Courts , Criminal law , Lawyering , Politics 30 Comments
In Laconia, New Hampshire there is an interesting case that may give some of our clients pause before accepting a plea bargain. Jonathan E. Lord, 25, had accepted a plea bargain to spend one year in jail for trying to run over Police officer Michael Finogle. However, Judge James O’Neill III rejected the plea (because he felt the plea was too lenient) so the case went to trial . . . and Lord was acquitted of one felony charge of reckless conduct and two misdemeanor charges of disobeying an officer and reckless operation.
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Keeping Abreast of Trial: Chicago Lawyer Moves To Exclude Opponent’s “Large Breasted” Assistant
Published 1, May 25, 2011 Bizarre , Lawyering 25 Comments
Thomas W. Gooch III of Gauthier & Gooch in Chicago has achieved a degree of national notoriety in a motion to force his opponent Dmitry Feofanov to get rid of a “large breasted woman” who has appeared with him at counsel’s table. Gooch suggests that Feofanov is trying to use something erotic to defeat his client, Exotic Motors. He insists that the woman has no known legal function and is meant to distract the jurors, but Feofanov insists that she is a trained paralegal. The dispute is over the car dealership’s warranty on a used Cadillac.
In God RIAA We Trust: Califormia Moves To Do Away With Need For Warrants In Seizing Pirated Music or Discs
Published 1, May 20, 2011
Courts , Criminal law , Lawyering
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We have watched as lobbyists for RIAA and other companies have steadily increased trademark and copyright limitations, including new criminal penalties. Now, State. Sen. Alex Padilla (D., Los Angeles), has sponsored RIAA legislation in California that would allow law enforcement to enter optical-disc plants and seize disc-stamping equipment, and pirated movie and music discs without a court warrant.
Illinois Prosecutor Charged With Ethical Breach in “Grandma Ruse”
Published 1, May 19, 2011 Bizarre , Lawyering , Society 11 Comments
Illinois Assistant Attorney General Paul Ambrose Rathburn is the subject of an interesting ethical charge after allegedly using the “grandma ruse” to gain evidence against a condominium project for lack of handicapped access. Rathburn is accused of entering the premises under the false pretense that he was looking for a condo for his grandma when he knew the party was represented and sought information under false pretenses.
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North Carolina Central University Student Accused of Plagiarizing Commencement Speech
Published 1, May 18, 2011 Academics , Bizarre , Lawyering , Society 13 Comments
Law Student Preston Mitchum, 25, did not quite have the graduation that he anticipated at N.C. Central University Law School. It should have been his crowning glory as the class speaker at the graduation but has now turned into a nightmare after he was accused of plagiarizing his speech from a Binghamton University student in New York.
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Appellate Enhancement: Lawyer Wins Reversal In Lawsuit Against “Erection MD”
Published 1, May 17, 2011 Bizarre , Lawyering , Society , Torts 6 Comments
We previously considered the lawsuit by New Jersey lawyer Harold Hoffman’s lawsuit over his dissatisfaction his male enhancement drug purchased from Supplements Togo Management and World Class Nutrition. It appears that “Erection MD” did not help his juris doctor and he sued. After losing in the court below, the New Jersey appellate court has now revived his flaccid lawsuit. (Ok, that is the last double entendre).
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Baltasar Garzón Receives Human Rights Award and Criticizes Obama Administration For Violations of International Law
Published 1, May 15, 2011 Constitutional Law , Criminal law , International , Lawyering , Media , Politics , Society 11 Comments
This weekend, Baltasar Garzón, the Spanish judge who ordered the arrest of former Chilean dictator Augusto Pinochet, received the ALBA/Puffin Award for Human Rights Activism in New York. My roughly two-hour interview with Garzón before his receiving the award proved quite newsworthy with Garzón discussing subjects ranging from the charges that he is facing in Spain to current issues of human rights violations by the United States to the threats to assassinate him. Most notably, Garzón criticized the Obama Administration for rolling back on the Nuremberg principles and violating international obligations to prosecute individuals for torture and war crimes.
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-Submitted by David Drumm (Nal), Guest Blogger
The U.S. News law school rankings are very important in attracting the best and the brightest students. Another incentive is the awarding of merit scholarships to the candidates with higher LSAT scores. The median LSAT score accounts for 12.5% of the school’s ranking. The median LSAT score can be adjusted by providing merit scholarships to those with higher scores. This can get expensive for the school. But, luckily, the schools have an out: the scholarships are usually based on maintaining a minimum GPA which is determined on a curve. If the school does not make that abundantly clear, it’s in the fine print.
Putting the Doctor Back Into Juris Doctor: Lawyer Arrested For Performing Unlicensed Surgery
Published 1, May 12, 2011 Bizarre , Criminal law , Lawyering 11 Comments
Carmen Olfidia Torres-Sanchez, 47, is a lawyer with the Colombian attorney general’s office, but she appears to take the doctor in juris doctor a bit too literally. Torres-Sanchez and her husband Ruben Dario Matallana-Galvas, 55, were arrested in the latest case of unlicensed cosmetic surgery — a surgery that led to the death of Elena Caro, 42. They face charges of second-degree murder. We previously looked at the case, but I was unaware that one of the defendants is actually a lawyer with the attorney general’s office. They were indicted yesterday.
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Sooner Justice: Oklahoma Murder Conviction Overturned Due To Comments By Judge That Jurors Should Not Be “Hardheads” In Delaying A Verdict
Published 1, May 11, 2011 Constitutional Law , Courts , Criminal law , Lawyering 10 Comments
There is an interesting case out of Oklahoma where the murder conviction of Kassie Lakei Bills was overturned due to the comments at trial by Judge Ray Elliott of Oklahoma County. Elliott told the jurors to reach a quick verdict and not be “hardheads” by keeping everyone at the court. I guess that is why they call folks in Oklahoma “Sooners.”
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FEED THE DRAGON: TOP LAWYERS POLL IS NOW OPEN
Published 1, May 10, 2011 Lawyering , Society 7 Comments
In light of the distasteful reminder of Monica Goodling and Alberto Gonzales today, it may help to clear the palate by voting for your favorite lawyers in the annual poll of lawyers by Law Dragon has begun. You can vote for your favorite lawyers and judges here.
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Monica Goodling Reprimanded By Virginia State Bar
Published 1, May 10, 2011 Justice , Lawyering , Politics 29 Comments
In a little noticed action, the Virginia bar has reprimanded Monica Marie Goodling, the attorney at the center of the allegations of politicization of the Bush Justice Department. Many are complaining that the reprimand shows that the bar has little teeth in enforcing such ethical rules. On the other hand, the reprimand is still more punishment that John Yoo, Jay Bybee and others received for their support of alleged war crimes over the torture program. (Actually, Bybee was not just spared punishment by the Obama Justice Department but he was previously given a lifetime appointment as a federal judge).
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Baltasar Garzón To Receive Human Rights Award and Speak in New York
Published 1, May 9, 2011 Constitutional Law , Courts , Criminal law , International , Lawyering , Media , Politics , Society 15 CommentsFor civil libertarians, there are few heroes who can match Baltasar Garzón, the Spanish judge who ordered the arrest of former Chilean dictator Augusto Pinochet in 1998 and later worked to identify human rights violations committed during the Spanish Civil War and the Franco dictatorship. He will be the first recipient of ALBA/Puffin Award for Human Rights Activism. I will have the honor of serving as the interviewer of Judge Garzón at the award luncheon on Saturday, May 14th, and to explore his views of contemporary civil liberties issues as well as his famous career.
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