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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Category: Lawyering
-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.
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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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.
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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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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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.
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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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 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.
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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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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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.
Magistrate 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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