Elena Kagan’s confirmation hearing questioning begins Tuesday, June 29, 2010. Will it be a show down or a blow off? Many conservatives argue about Kagan’s lack of judicial experience. It is not her lack of judicial experience that concerns me, although, it couldn’t but help her. I’ve written before that many Supreme Court justices were not former judges. That list includes some of the best legal minds on the high court including former justices William Rehnquest and Earl Warren, both nominated by a Republican and also Justice Felix Frankurter. It is not her lack of experience in the court room as a trial lawyer that concerns me. Yet, trial experience would be a plus factor. I also take no issue with her ivy tower educational background from Princeton, Oxford and Harvard. Her work background has largely come from academia in the halls of University of Chicago and as Dean at Harvard. Until last year when she became Solicitor General, she never had any appellate court experience. … [Read more...] about Elena Kagan- The Show Down Begins
Archives for June 2010
Michael Jackson: Never Can Say Good Bye
One year ago on June 25, Michael Jackson, the King of Pop died in a now controversial case involving his doctor. Remembering growing up with Michael Jackson, it’s still surreal for me that he’s gone. The announcement of his death was one of those moments in history where I will always remember where I was and what I was doing when I heard of his death. I was in Gold’s gym about ready to start a spin class. The pronouncement of his death came for me on CNN. One year later, I think of what could have been his greatest tour. Despite Jackson’s troubled life, his music will reign supreme for a life time and perhaps, even longer. No doubt he will surpass all records even in death. It has already been reported that he is now making more money dead than alive in his last years. No one in our life time will leave the musical legacy that he’s left. It’s hard to imagine in his words that “This is It”. But his memory will always be here with us. I will remember all that he accomplished … [Read more...] about Michael Jackson: Never Can Say Good Bye
Who Wants To Be a Millionaire Pt 2
I recently wrote an article about an Ohio man who was cleared by DNA evidence after spending 18 years in jail. He received a monetary settlement for his time spent in jail by the State of Ohio. Now New York state settled for $1.9 million with a man who spent 19 years in prison for a murder he did not commit. A key witness recently recanted his testimony asserting the lead detective, with mob ties, forced him to lie to protect the real killer. Sounds like a made for TV movie. Yet, it’s for real. New York city settled for an additional whopping $11.9 million, the largest individual settlement in the city’s history, according to the city’s law department. Barry Gibbs had been in jail since 1986, framed by a crooked Mafia cop. He sued the city after being exonerated and his trial was scheduled to begin this month. In 1986, Barry Gibbs, a porter, received a sentence of 20 years to life. When new facts surfaced indicating his innocence, the investigation began which led to his … [Read more...] about Who Wants To Be a Millionaire Pt 2
You Have The Right To Remain Silent If You Talk First
In the criminal justice system, everyone thinks a suspect has the right to remain silent and seek an attorney even if he/she cannot afford one as one will be appointed. We hear those words on Law and Order and every other TV police drama. On television, the police stop interrogating when the suspect invokes the right to remain silent. But in the real criminal world, things are not as easy and clear cut. The Supreme Court ruled on June 1, 2010 that in order to remain silent, suspects must now break their silence to tell the police they want to remain silent to stop an interrogation. The Supreme Court’s conservative majority ruled that a suspect cannot invoke the right to remain silent by merely staying silent. Isn’t that like an oxymoron? In the case before the Supreme Court, the suspect remained mostly silent for 3 hours except for a word or two. Finally, the police hit a nerve after 3 hours and the suspect answered with a “yes” incriminating himself. The statement was used to … [Read more...] about You Have The Right To Remain Silent If You Talk First
Women Lawyers Still Lag Behind Their Male Counterparts
Recently I attended a lawyer's event in Washington, DC where I met a female lawyer in private practice. In the course of our discussion, I learned she is the only female attorney out of over 35 lawyers in her department at a major law firm in Washington, DC. There are no women partners in her department. I was shocked to discover that in 2010, women are still not well represented at the law firm table. Are women lawyers on the decline? More women are graduating from law schools than ever before. So why the disparity in the hiring practices of some law firms? There’s no shortage of intelligent and talented women lawyers in the nation’s capitol. Per capital, DC has more lawyers than most other cities with over 7 law schools in the immediate Washington, DC vicinity alone. Yes, some women choose government work and corporate work over law firms. But that still does not account for the disparity of hiring at some firms. Despite talk of diversity, diversity managers and workshops at law … [Read more...] about Women Lawyers Still Lag Behind Their Male Counterparts