Category: Lawyering

Scalia: Take “Bread and Butter” Courses Not “Law and Women”

Associate Justice Antonin Scalia has long proven a lightning rod on the Court, particularly his consistent and controversial habit of making highly charged public comments. I have previously criticized him and other justices for the increasing public speeches, often to highly partisan groups, that undermine the legitimacy of the Court. This week Scalia raised eyebrows in his advice to law students not to take “Law and Women” or “Law and Poverty” courses which he says amount to little more than professors teaching their “hobbies.”

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The Department of Justice Sues Mississippi…Again!

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

I guess I should not be surprised that the State of Mississippi is once again in the news because the Federal Government has filed a Civil Rights lawsuit against it.  The Department of Justice has filed a suit against the State of Mississippi, and the City of Meridian, along with the county and various state agencies, alleging that the defendants have worked to operate a “school to prison” system that allegedly violated the rights of African-American students and students with disabilities.  Continue reading “The Department of Justice Sues Mississippi…Again!”

Murder at Kent State

Submitted by: Mike Spindell, guest blogger

This blog post is the result of our well known regular contributor Blouise sending me a link, sent to her by one of our other long time contributors GBK. I thank them for not only the vital information they shared with me, but also for the inspiration it gave me. When people ask me what kind of blog to I write for, I explain to them that it is the creation of the well-known Constitutional Law Professor and Civil Rights Advocate Jonathan Turley. The common thread that links most of us here is our support for Jonathan’s work and our belief in upholding the Constitution. The topic raises is vital to all of those purposes.

On May 4th, 1970 I was twenty-six years old. I worked for NYC’s Department of Social Services (welfare) as a caseworker in Brooklyn. Was active in the Peace Movement and had in the last year lost in my bid for the Presidency of the radical welfare caseworkers union. Long haired, full bearded and habitually wearing shirts open to almost my waist, with tight-fitting bell bottom jeans. I was a happy and carefree imbiber of psychedelics and had a great social life. I had failed my Draft physical four years prior due to high blood pressure, which would later turn into severe heart trouble requiring me to have a transplant, but back then I was just grateful that I didn’t have to make the choice between my ideals and the Selective Service Law. So many young men whose lives were drastically changed for the worse by being drafted into that conflict, were less lucky than I because they were my contemporaries, I felt I needed to help bring them home.

Even with the 60’s decade of assassinations, Civil Rights protests ending in violence, Nixon’s election and the Viet Nam escalation, I was still hopeful that my generation would really change things for the better in this country and that the future would bring great changes in economic freedom and social justice. So hopeful was I, that I was attending my first year of Law School at night and envisioned myself becoming a Legal Aid attorney in the future. Then I heard the news about Kent State, the murder of four students and shooting of nine during what was a relatively peaceful protest. Suddenly, this brought home to me the reality of what we were facing in our country. My optimism for change died that day, but not my commitment to fight for it.

As the news proliferated the story just didn’t add up. Supposedly the young National Guardsmen heard sniper shots and in a panic returned fire. That the students shot were at a distance of at least three hundred feet and the ammunition was armor-piercing rounds. It was claimed that there was no order to fire given and that the young National Guardsmen thought they were firing in self defense. As it turned out these were lies and propaganda foisted to cover the fact that those in power in the administration and their follower, the Republican Governor of Ohio, wanted to send a message to those opposing the War, that we were in mortal danger if we dared to try to thwart their murderous rampage in South East Asia. Continue reading “Murder at Kent State”

TOP 100 IRISH LAWYERS

On Thursday night, I was honored to received an award as one of this year’s Top 100 Irish Lawyers in the World at the home of the Irish Ambassador, Michael Collins and his wife Marie. I have previously been honored by this selection but this year was particularly gratifying because one of my co-honorees was my former student Katie Harrington-McBride who recently began her work as counsel to Disney Corporation. I am enormously proud of Katie’s success and that of her husband (and another former GW student) John McBride.

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Shame on You: Commission Sanctions Michigan Judge Who Sent Shirtless Photo To Bailiff

We previously discussed the case of Wayne County Circuit Judge Wade H. McCree who sent a shirtless photograph of himself to a Sheriff’s Office employee. McCree is now famous for proclaiming that “I’ve got no shame in my game.” Perhaps, but the Michigan Supreme Court found some shame for the court system and accepted a recommendation from the Judicial Tenure Commission and publicly censured Judge Wade H. McCree.

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Putin Government Arrests Leading Critic While Changing Definition of Treason To Allow Prosecution Of Journalists, Human Rights Activists, and Dissidents

The world has watched as Russian President Vladimir Putin destroys the fledgling democracy movement in Russia and reinstates authoritarian government to that nation. While actively (and admittedly) crafting a cult of personality around manufactured Superhuman exploits, Putin has striven to reinstate the oppressive laws from the Soviet era. In the face of continuing protests, Putin appears intent to show that he can and will do anything he wants with critics. This month his underlings arrested the best known protest organizer Sergei Udaltsov while his government has shutdown international human rights organizations and NGOs. At the same time, his government has passed a new law in the lower house of the Duma to radically expand the definition of treason in Russia. Udaltsov led the largest protests against Putin as part of a campaign of “Russia Without Putin.”

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Minnesota Lawyer Convicted of Contempt In Skipping First Day of Trial To Go To Paris

We recently saw the relatively light treatment given a Wisconsin juror who walked out of deliberations in a major criminal case to enjoy a vacation in Cancun. The same does not appear to hold true for lawyers who are accused of skipping out on trials, it appears. Lawyer M. Tayari Garrett was convicted of misdemeanor contempt for skipping a trial last year to attend her brother’s wedding in Paris. She was given one year probation and a $1000 fine.

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Texas Judge Faces Bar Hearing Over Alleged Abuses As District Attorney

One of the most common complaints by civil libertarians is that prosecutors who abuse the system or rights of defendants are rarely held accountable when convictions are later thrown out. Some like Nancy Grace actually make television careers based on their checkered record as prosecutors. One exception is the Texas proceedings against Texas judge and former Williamson County District Attorney Ken Anderson, who is accused of withholding evidence and making false statements during the 1987 trial of Michael Morton for the murder of his wife. Despite the allegations of his abuses as a prosecutor, Anderson was elevated to the bench to mete out justice as a judge.

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The Twit Made The Top Twitter Twenty!

I know that being a twit would pay off someday, no matter what my parents said. I was just sent this list of The 20 Biggest Stars on Twitter by one of our regulars who spotted my name. Our twitter numbers have been growing steadily with the traffic on the blog (indeed the number given on the listing is now higher). We are currently at around 6000 followers on twitter. I generally notify people of posting and occasionally (when I remember) of media appearances or gripes. You can join our merry group by hitting the follow button to the right of this story.

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Fowl Crime: Two Berkeley Law Students Arrested For Allegedly Beheading Bird In Vegas Casino As Joke

Two University of California, Berkeley, law students have been accuse of a disgusting crime in which they tore the head off a 14-year-old Helmeted guinea fowl in the Flamingo’s wildlife habitat and then laughed about it. Security cameras reportedly caught Eric Cuellar, 24, and Justin Teixeir, 24, chasing the bird into the trees and then carrying out its body and severed head as some type of hilarious joke.

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Abdullah al-Kidd and the FBI

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

In a case that didn’t receive too much publicity, the federal district court in Idaho recently struck a blow against the FBI’s misuse of the material witness statute which is designed to allow for the government to arrest and detain witnesses who will be used to testify in court cases against third parties.  The case in question involved a United States citizen who converted to the Muslim faith during college and was arrested, detained and abused in jail in 2003.  The man in question was born in Kansas and was a college football star and his name is Abdullah al-Kidd. Continue reading “Abdullah al-Kidd and the FBI”

Double Jeopardy

Submitted by: Mike Spindell, Guest Blogger

One of the main problems with any legal principle is that we humans are so complex in our interactions that even the most hallowed of legal principles are bound to run into conflict with a real life situation that turns it on its end and leaves even the most principled among us at a loss. This is why the timeless practice of training lawyers to be able to argue both sides of a case arose. Even those who are most respectful of our legal system and our Constitution, recognize that with the variety of human situations, sometimes the legal process leads to results that are far short of the mark of what a person might consider to be justice. Recently, while watching a TV real life murder show called “Unusual Suspects” I came across a case, whose resolution, left me confused as to whether the result was correct in a Constitutional sense. The first ten amendments to our Constitution that are known as “The Bill of Rights” are legal principles that I hold sacrosanct. Historically, the founders put them in place to safeguard the people from the tyrannies that often flowed from autocratic systems of government. These were principle that history and experience had taught them were necessary to protect and preserve the freedom of citizens.

The Fifth Amendment became famous in the 40’s and 50’s when it was invoked at congressional hearings striving to root out “communists”. People in the glaring spotlight of Congressional Hearings, sworn under oath, would be forced to invoke the Fifth Amendment to assert their right not to incriminate themselves. What was unfortunate about these “witch-hunts” was that according to legal procedure, if the person under oath answered any kind of question it was deemed that their Fifth Amendment Rights had been forfeited, since any answer, no matter how innocuous could be considered to have opened up a line of questioning. Thus if one was asked to discuss where they worked they would have to invoke the “Fifth”, or otherwise be opened to questions on who they worked with. The result of this was that by exercising their Constitutional Rights, these witnesses were made to seem guilty of hiding something, merely by asserting their right to remain silent. People’s careers were destroyed having been guilty of nothing more than associating with people who believed in a different economic system, that wasn’t inherently illegal. As the title indicates I’m writing about another aspect of the Fifth Amendment and the result of a particular murder case that left me intellectually and emotionally conflicted. Continue reading “Double Jeopardy”

Throwing Prosecutors Under The Bus

-Submitted by David Drumm (Nal), Guest Blogger

In the case of Fourtin v. Connecticut, the Supreme Court of Connecticut overturned the conviction of Richard Fourtin. Fourtin was convicted of sexually assailing a twenty-five year old woman with significant mental and physical handicaps including cerebral palsy, mental retardation and hydrocephalus. The Court, in affirming the Appellate Court’s judgement, found that the woman could have used “gestures, biting, kicking and screaming” to indicate “her lack of consent to sexual intercourse at the time of the alleged sexual assault.”

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Court Disqualifies Covington & Burling In Major Environmental Case For Violating Duty To 3M

We previously discussed the lawsuit by 3M Co. against Covington & Burling over its alleged conflict of interest and violation of its duty to 3M in representing the state against 3M in an environmental case. In a major conflicts decision (and a major embarrassment for Covington), a court has found that the firm betrayed its former client and “exhibited a conscious disregard for its duties of confidentiality, candor, full disclosure, and loyalty to 3M by failing to raise its conflicts arising from the fact that it previously advised and represented 3M.”

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