Category: Lawyering

I’ve Got Georgia on My Mind

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

With apologies to the famous song of the same title, the State of Georgia has produced some interesting legislation and proposed legislation these days.  The latest in that long list of specious legislation is the proposal pushed by five Georgia State Senators that would set up a commission to review Federal laws.  Any laws not approved by that commission would be nullified and would not be upheld in their state.  If I understand the proposed legislation correctly, the State of Georgia, if this law is passed, would claim supremacy over Federal law. I realize that in some Tea Party view of the Constitution this makes sense, but not in the real world where the Constitution and court precedent makes it very clear that Federal law supersedes any and all conflicting State laws. Continue reading “I’ve Got Georgia on My Mind”

New York Lawyer Loses Defamation Claim Against Ex-Girlfriends Who Posted Comments On Liarscheatersrus.com

We have previously discussed the problems of lawyers with being attacked by ex-girlfriends for their alleged bad relationships. The latest such story involves attorney Matthew Couloute Jr. who sued a former roller derby queen Stacey Blitsch and another ex for their posts about him at liarscheatersrus.com. The site still has a place for Couloute comments. Now, federal Judge Harold Baer has tossed out the defamation lawsuit as improperly based on protected opinion. In this case, the opinion that Couloute is a collossal loser. [Just for the record, I want to note that I have not dated Couloute and that I am merely repeating the opinion of those who have dated Couloute].

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The First Amendment Versus Pat Buchanan?

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

I am the last person that should be defending Pat Buchanan and objecting to his recent termination as a political analyst for MSNBC.  However, after thinking about it for a while, I have come to the conclusion that Uncle Pat’s firing is an attack on Free Speech and a continuation of the Fox News type mentality on our cable news stations.  Let me first make it clear that most of what Buchanan says on the air is offensive and in some cases, outright disgusting.  However, if we cannot say what is on our mind without limits, do any of us really have the freedom to speak our minds? Continue reading “The First Amendment Versus Pat Buchanan?”

Ninth Circuit Refuses To Remove Name Of Federal Prosecutor From Opinion On Unethical Conduct

The United States Court of Appeals for the Ninth Circuit issued a stinging rebuke to the Justice Department after refusing to remove the name of a prosecutor who acted unethically from an opinion. The effort by the Justice Department to conceal the name of the prosecutor, the court noted, was in sharp contrast to its common heralding of the accomplishments of its prosecutors in public. The move reaffirmed the view of many lawyers that the Justice Department often acts reflexively in defense of its lawyers — often resisting efforts to hold abusive prosecutors accountable. Assistant U.S. Attorney Jerry Albert is accused of misrepresenting a drug defendant’s prior statements when trying to impeach her trial testimony.

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Mr. [Legal] Manners Responds To Parents Of Legal Bubble Boy

One of my former torts students sent me the exchange below from Miss Manners in the Washington Post that takes risk averse lifestyles to a new extreme in the form of waivers for child play dates. I often joke in class that I have students sign waivers when visiting my house for our class party. She probably thought this was one of my neighbors.

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Texas Judge Resigns After Being Filmed Sleeping During Critical Hearing

Special Education Judge Larry Craddock has resigned after being filmed sleeping during a hearing. Craddock was filmed sleeping through the critical testimony in the case involving a suicidal teenager. It appears Craddock found his “sleep number” on the bench because the family insists that he was out for an extended time.

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Durham County District Attorney Tracey Cline Faces Removal Hearing

This weekend I was with the family in Raleigh/Durham North Carolina and eating at my favorite breakfast place, Parker and Otis. The talk of the town was the latest scandal plaguing the office of the District Attorney of Durham County. You may recall the disgraceful removal of Mike Nifong from that office years ago. Now Nifong successor, Durham County District Attorney Tracey Cline, has been removed for serious allegations of prosecutorial misconduct — something of a pattern for that office it seems. Her hearing is today. She had moved for a delay of the hearing.

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Former Illinois State’s Attorney Given 60-Day Suspension For Dodging Service and Then Pulling Gun on Process Server

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.

Continue reading “Former Illinois State’s Attorney Given 60-Day Suspension For Dodging Service and Then Pulling Gun on Process Server”

Massachusetts Lawyer Suspended After Falsely Claiming To Be Medical Doctor

“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.

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Massachusetts Lawyer Gets 18 Month Suspended Sentence For Stealing Court File

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

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.

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Who in Hell is Saul Alinsky?

Submitted 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

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.”

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The Roberts Court and Free Speech

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”