Category: Lawyering

The Private Prisons Profit on Youth

Submitted By: Mike Spindell, Guest Blogger

287px-Sing_SingWe have had a lot of discussions here about the ever growing private prison system in the United States, where our country has become the world leader in imprisoning its citizens. Many blogs have been written discussing our world prison leadership and the fact that it stems from the failed “War on Drugs”, which has tended to focus on people in poverty and/or people of color. The for-profit prison industry has had a growth spurt that can be directly traced to that aspect of the conservative movement that has disparaged government services and at the same time pushed for privatization of government services using the false concept that private industry can do it better and cheaper. It is an ideas that to me seems nonsensical on its face because of the absolute need that private industry turns a profit and in today’s economic scheme that profit has to continually rise as time passes. Business strategy, which by definition, must focus on profit has focused on cutting costs as a means of building profit. Cutting costs then devolves into hiring less skilled workers, cutting down on services provided and in a business like private prisons reducing the quality of care. When ot comes to reduction of services and diminishing of quality of care when it comes to the prison industry, I’m sure that the majority of public opinion would approve of even more draconian measures. After all those convicted of a crime are generally scorned and feared. Muscular fundamentalist philosophy has discarded the Jesus of turn the other cheek into a Jesus of vengeance and so there is even in some circles moral approval of treating prison inmates harshly. There is now a widespread use of solitary confinement as a tool of prison punishment and that confinement has stretched from weeks, too months and too years. We are after all, a society that has a majority of Americans for torture in our post 9/11 era.

In 2008 we saw the opening of a scandal in Pennsylvania where it was discovered that juvenile court judges were sentencing youths to prison for minor offenses because they had received money from sources in the private prison industry. Two judges were convicted in this case and it was seen that many youths were adversely affected and are now suing for unlawful imprisonment. It is this profiting on the imprisonment of youth that I would like to address broadly in this blog. For the most part my reference links will appear at its conclusion. This is a very disturbing problem that I think cuts to the heart of what kind of society we want to live in and I would hope that others find this as disturbing as I do. Continue reading “The Private Prisons Profit on Youth”

Michael Skakel Granted New Trial Due To Ineffective Counsel

skakelmugKennedy family member Michael Skakel has long sought a new trial in the killing of Martha Moxley, a neighbor bludgeoned to death by a golf club in 1975. In a surprise ruling, Judge Thomas Bishop found that Skakel was denied a fair trial due to ineffective counsel. Bishop’s opinion slams Skakel’s original legal counsel, Michael Sherman, as failing basic expectations of a lawyer and suggests, as the family has argued, that he was obsessed or blinded by the media attention in the case.

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Ohio Supreme Court Asked To Order Psychiatric Evaluation For Controversial Judge From Powerful Cleveland Family

judge_stokesWe have previously dealt with judges found to be mentally disturbed but kept on the bench despite erratic behavior. The most recent case involves Cleveland Municipal Court Judge Angela Stokes who has long had a bad reputation as a judge for her domineering and sometimes bizarre conduct from the bench. Now a report from the Ohio Supreme Court’s Office of Disciplinary Counsel has concluded that Stokes may be “suffering from a mental illness that substantially impairs her ability to perform her duties as a judicial officer.” The local newspaper is calling for her resignation. As with other judges found to be incompetent, Stokes has been reelected easily. She is the daughter of former Cleveland Congressman Louis Stokes. While she has received consistently poor ratings from bar associations and newspaper editorial boards, she has easily won re-election.

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Former Kansas AG and Current Liberty University Law Professor Indefinitely Suspended From Practice Of Law

220px-Phill-KlineFormer Kansas Attorney General and current Liberty University law professor Phill Kline is now indefinitely suspended from the practice of law due to his investigation of abortion clinics run by the late George Tiller and by Planned Parenthood. Tiller was murdered in 2009 while attending church in Wichita with his wife. While opting not to disbar Kline, the Kansas Supreme Court found “clear and convincing evidence” of professional misconduct (including the violation of 11 rules) to warrant indefinite suspension.

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Chevron Owes $19 Billion and Doesn’t Want to Pay!

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger

Back in July of this year, we discussed a successful request by oil giant Chevron to subpoena 9 years of metadata from countless defendants and non-defendants.  This was arguably an attempt to attack a $19 Billion dollar judgment handed down by an Ecuadorian court against Chevron by going after the parties involved in the lawsuit.

Chevron was not deterred when the United States Supreme Court refused to review the judgment.  It merely went on the attack and found an allegedly friendly judge in New York to assist in refusing to pay the judgment owed to various indigenous communities that were devastated by Chevron’s predecessor’s actions in the rainforests where it was drilling for oil.  We need to revisit this issue now that the RICO action filed by Chevron started this week in New York.  Continue reading “Chevron Owes $19 Billion and Doesn’t Want to Pay!”

Law Firm Pulls Commercial Parody of Geico and Allstate After Receiving Threats From Companies

250px-Gecko_foot_on_glass240px-Stop_hand_nuvola.svgMy opposition to the ever-expanding trademark and copyright laws is well known. (For a prior column, click here). Common phrases and symbols are being snatched up as Congress and the Obama Administration continue to yield to every demand for higher levels of penalties and prosecutions. Now we have a personal injury firm — Geoff McDonald & Associates — that has knuckled under to a threat from GEICO insurance because it used an obvious (and stated) parody in a commercial. This is an office filled with attorneys and yet they pulled the commercial because of an obvious joke. If they cannot stand up to the copyright and trademark hawks, consider the position of average citizens faced with threatening letters. Even other insurance companies have folded under pressure from GEICO in parody commercials. It is not clear if GEICO will now move against zoos and elementary schools who try to feature geckos. Before I am sued by the lawyers at GEICO, the picture to the left is a body part of a common gecko found in the wild. He has no connection to the insurance company and is not meant to mock it in any way.

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Seattle Bar: Lawyers Can Ethically Smoke Pot

MarijuanaThere is an interesting decision out of the King County Bar Association after the bar grappled with questions from lawyers as to whether they can smoke marijuana after the state legalized pot despite that the fact that it is still deemed a crime under federal law. The bar associate said that the ethical lawyer could smoke pot so long as it did not interfere with their ability to represent clients.  While some would question that standard, the same personal responsibility on consumption applies to alcohol use by lawyers.

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When Will We Decide to Stop the Killings by Guns?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

We have discussed the thousands who have been killed by guns in this country on several occasions on Professor Turley’s blog and we have seen some of the same responses from both sides of the discussions about reasonable restrictions on gun ownership and use.  Some say that any restriction on gun ownership, no matter how small, is a violation of their Second Amendment rights.

Some of those who are in favor of reasonable gun control measures, point to the sheer numbers of women and children and men who die each day due to senseless murders and sorrowful accidents.  Emotional arguments and reasons have been offered by both sides of the discussion, but yet not a single worthwhile National gun control measure has become law and the killings and deaths continue unabated.

To my dismay and shock, not even the Sandy Hook Elementary School shootings, where 20 small school children and 6 staff members lost their lives to an arguably mentally ill shooter, produced any resulting legislation that could be argued offers some relief in the ever larger numbers of gun deaths.

While researching this article I had trouble finding articles written on this subject after April of 2013.  There were many articles, including articles on this blog from December of 2012 through April of 2013, but very little since.  In light of the dearth of media interest since April of this year, I am curious about what it will take for the United States of America to decide it is time to stop killing itself? Continue reading “When Will We Decide to Stop the Killings by Guns?”

Federal Bar Association Opens Chapter In New Mexico

img_logo125px-Flag_of_New_Mexico.svgI am in New Mexico today to speak at the first conference of the New Mexico Chapter of the Federal Bar Association. The establishment of the chapter is a significant milestone for the New Mexico bar, which only recently celebrated the 100th anniversary of New Mexico’s statehood. The chapter will finally integrate the New Mexico bar into the national association of lawyers practicing in the federal system.

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GW Makes Top Ten Law Schools on Job Placement

150px-gwulogo-1Forbes has a story on the ranking of law school on employment placement and salaries. I am happy to report that George Washington has placed within top ten schools. The dip in the legal market has affected applications at top schools but overall the impact is felt more severely at the lower ranked law schools. While legal education remains expensive, it remains a good investment for many students. The problem occurs at law schools with low bar passage rates and employment placement. We previously discussed how some of the lowest ranked schools report the highest levels of debt for students. There are some law schools which have dubious academic programs and even more dubious claims of placement. Frankly, some paring of law schools would be a benefit in this economic downturn as would more demanding certification standards by the American Bar Association.

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Former Pennsylvania Congressman Suspended From Practicing Law Due To Criticism Of Judges

220px-Donald_A._BaileyFormer Democratic congressman and Auditor General Don Bailey, 68, had his law license suspended for five years by the Pennsylvania Supreme Court for allegations and criticism directed at judges in the state. Bailey denounced the ruling and said that he would challenge it in federal court while denouncing the state justices as corrupt and malicious. While some would agree with the case, there is a worrisome line of cases targeting lawyers who criticize judges.

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Cooley Loses Defamation Case Against Law Firm And Secures Ruling Affirming That It Misrepresented Data

Cooley_logo_blueWe have been following the highly dubious litigation of cross claims between Thomas M. Cooley Law School and Kurzon Strauss and some bloggers.  The law school filed a defamation claims against the firm and bloggers who criticized the institution’s portrayal of its graduates’ employment statistics.  United States District Judge Robert J. Jonker has now dismissed the case. However, in a rather curious lesson for its students, Cooley is pledging to continue the litigation with an appeal.

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One Stop Shopping (and Sentencing): California Judge Sentences Man To 53 Years To Life . . . And Then Declares Him Married In Wedding Ceremony

Patricia K. CooksonDestiny Desbrow certainly had a marriage ceremony that would be hard to forget. It has the usual features of most weddings: a cake, a ring, and an audience. However, the location and time was a bit odd. She married Danne Desbrow just minutes after he was sentenced to 53 years to life for murder by Judge Patricia Cookson who not only had sentenced him but baked the cake for the wedding.

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The Military’s War on Women Continues

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

I saw this story during this past week and I have to admit, that it made my stomach turn.  Despite the increased interest some in Congress and in the Pentagon have shown in how accusations of rape by female members of the military are treated, women can still jeopardize their careers and their mental well-being if they bring charges against their alleged attackers.

‘”For roughly 30 hours over several days, defense lawyers for three former United States Naval Academy football players grilled a female midshipman about her sexual habits. In a public hearing, they asked the woman, who has accused the three athletes of raping her, whether she wore a bra, how wide she opened her mouth during oral sex and whether she had apologized to another midshipman with whom she had intercourse “for being a ho.”’ New York Times Continue reading “The Military’s War on Women Continues”