BLACK LAW

Black Thursday?

2009-02-14T07:15:00.000-08:00

I sure hope there is another name that can be added to the carnage that was left in the wake of layoffs from Thursday the 12th. Much worse than anything that was ever done by Jason and Freddie combined, the lives and careers of a whole group of young lawyers were ended without the opportunity for a obligatory run/escape scene we usually enjoy before the horrid ending.

To all those that have been laid off, I wish you well and will keep you in my prayers for your future and that of your families. For those of you still working and billing, please make sure your T's are crossed and your I's are dotted on those memos and motions. We will keep it pushin until the law model changes.

***

P.S. Now I will avoid all the controversial talk of why this won't effect Black Lawyers as bad as non minority lawyers because they weren't being hired by these big firms in the first place but yall know that is the truth without me saying it.

Are we dead? Never Dead

2008-07-12T16:56:00.000-07:00

Look... as long as blogs like ATL are still ignoring the better half of the legal profession, how can we die? Sure the black law profs blog goes hard in the paint. Sure you are wondering just how did you get on Boyce Watkins email list??? Sure you think you were hearing things when FAUX news published reports on Jesse's comments about Obama... (But you weren't)

We at BlackLaw took a lil break to reup and reformat. Before you know it No its not DEAD... LOL I just stopped bloggin to study for the bar. We will be back like sentencing guidelines on cooked crack...

THE TAKE OVER....

2008-03-19T18:19:00.000-07:00

Breaks OVER! I gave the group a year and they decided to never touch this spot... So I am back and I am still Black and there are still laws out there that need to be talked about. Take my new home DC for instance. So the SCOTUS heard arguments for the handgun law here to be changed.

I am a big fan of Chris Rocks approach to controlling weapons by increasing the price of the bullets. We tax everything else to death, look at gas and other commodities, so why not more taxes on bullets making them more difficult for purchase? (Ok so I know this is not in depth legal analysis so give me a break... wait Breaks Over...)

Look for this Blog to transform from its previous life to another new focus on the law and black folks.

Peace!

The Obama Effect - Day 1

2008-03-19T18:07:00.000-07:00

Ok so this is the first day after the speech to end all speeches was laid down by our my favorite candidate Barack Obama. I don't know what the results of the speech has been amongst your friends but the speech itself sent a range of raw emotions zipping through my inbox at the speed of light.

Immediately people were describing the way they felt after the speech, that the speech had been a long time coming and how the tears that rolled down their cheeks after hearing his closing remarks were a release that finally someone in politics GOT IT! My response was more measured on the outside, but on the inside I was proud that a national speech was given that said in essence we can stick to a racial divide as a focal point, or we can decide that we need to move forward and create that more perfect union that was spoken about during our nations founding.

I say lets keep it moving!

interesting...

2006-07-05T19:27:00.000-07:00

A very interesting series just popped up on the net... all about black hairand the business that ensues with it. You should take a look at it.

http://tinyurl.com/ofxek - part 1
http://tinyurl.com/jbezb - part 2
http://tinyurl.com/n22lp - part 3
http://tinyurl.com/oxft5 - part 4

Duke - an Update

2006-06-03T05:40:00.000-07:00

Ok I am getting back in the posting game for a hot second. The Duke University Lacrosse team has been reinstated and the national spotlight has been taken off a situation that was getting uglier by the second. But the world is still going crazy. Through the American media we have recently found out about the vigilante efforts of some rogue Marines. (Stop right there. I am so supportive of the Armed Forces that I often regret not participating in ROTC and my Grandfather was an Army officer and I believe in the manhood that the army inspired him too)

Now the world is still spinning on its axis but we are all wondering what will be this year's Katrina? What will be the national crisis to shock the conscious of the American citizens? Lets stay tuned because Hurricane season...is just starting.

A response...

2006-04-06T21:45:00.000-07:00

April 5, 2006

A Letter to the Duke Community

I want to speak to the issue that is troubling our community and announce five steps we are taking to address it.

Allegations against members of the Duke lacrosse team stemming from the party on the evening of March 13 have deeply troubled me and everyone else at this university and our surrounding city. We can't be surprised at the outpouring of outrage. Rape is the substitution of raw power for love, brutality for tenderness, and dehumanization for intimacy. It is also the crudest assertion of inequality, a way to show that the strong are superior to the weak and can rightfully use them as the objects of their pleasure. When reports of racial abuse are added to the mix, the evil is compounded, reviving memories of the systematic racial oppression we had hoped to have left behind us.

If the allegations are verified, what happened would be a deep violation of fundamental ethical principles and among the most serious crimes known to the legal system. Such conduct is completely unacceptable both within the university and in our society at large. If the truth of the allegations is upheld, it will call for severe punishment from the courts and from Duke's disciplinary system. This university has cooperated and will continue to cooperate to the fullest to speed the ongoing investigation by the police, and I pledge that Duke will respond with appropriate seriousness when the truth is established.

But it is clear that the acts the police are investigating are only part of the problem. This episode has touched off angers, fears, resentments, and suspicions that range far beyond this immediate
cause. It has done so because the episode has brought to glaring visibility underlying issues that have been of concern on this campus and in this town for some time -- issues that are not unique to Duke or Durham but that have been brought to the fore in our midst. They include concerns of women about sexual coercion and assault. They include concerns about the culture of certain student groups that regularly abuse alcohol and the attitudes these groups promote. They include concerns about the survival of the legacy of racism, the most hateful feature American history has produced.

Compounding and intensifying these issues of race and gender, they include concerns about the deep structures of inequality in our society -- inequalities of wealth, privilege, and opportunity (including educational opportunity), and the attitudes of superiority those inequalities breed. And they include concerns that, whether they intend to or not, universities like Duke participate in this inequality and supply a home for a culture of privilege. The objection of our East Campus neighbors was a reaction to an attitude of arrogant inconsiderateness that reached its peak in the alleged event but that had long preceded it. I know that to many in our community, this student behavior has seemed to be the face of Duke.

Given the history of this campus and city, this has been particularly painful. Only forty years ago, the first African American student was admitted to Duke and at that time men and women lived on separate campuses. Today, more than one-third of Duke undergraduates are
members of minority groups. Many, many dedicated members of the Duke and Durham communities have worked hard to bring us all forward. Duke has worked to be a good neighbor, supporting health care, K-12 education, affordable housing, neighborhood stabilization, and
economic development through the Duke-Durham Neighborhood Partnership. Duke is not, as some have reported, just an institution for the children of wealthy families. This university admits undergraduates without regard to their family's ability to pay, and we invest more than $50 million a year to enable the 40% of students who receive grant aid to afford a Duke education. Duke's Women's Initiative, launched by my predecessor Nannerl Keohane, took the national lead in exploring issues of gender inequality across the university. Perhaps most important, I know -- and I suspect our students' harshest critics know too -- that the huge majority of Duke students are well-behaved and good-hearted, and many work hard for the larger social good.

But if the dark aspect is not the whole truth, this is not a moment to take comfort or mount defenses. To get the good of the current situation, we all need to face up to the profoundly serious issues that recent events have brought to light and address them in a positive, substantive, and ongoing way. If none of these issues is peculiar to Duke, that's no reason why we should refuse to address them in our midst. As we decide what steps to take, let me underline the values that must govern our actions.

The university is guided by the principles of openness, inclusiveness, mutual toleration, and mutual respect. Everything that furthers these causes advances our ability to work together toward the truth no individual or group can reach alone. Everything that hinders these
causes retards the search for wisdom and knowledge. The university is also founded on the principle that we have an obligation to seek the truth, and that truth is established through evidence and disciplined inquiry. Reaching certainty without evidence or process is a double
wrong in a university because it opens the door to injustice and violates our commitment to the truth.

In keeping with these values, I want to announce five steps Duke will take to address the issues before us. Some will be accomplished in a short period of time; others will require our sustained attention.

1. Investigation of men's lacrosse. In regard to men's lacrosse, I have announced today that the men's lacrosse season and all associated activities have been cancelled. Lacrosse coach Mike Pressler submitted his resignation today to Athletics Director Joe Alleva and it was accepted, effective immediately.

The criminal allegations against members of the team must continue to be investigated by the Durham police and we will continue to cooperate with that investigation to the fullest. Many have urged me to have Duke conduct its own inquiry into these charges. Frustrating though it
is, Duke must defer its own investigation until the police inquiry is completed, first because the police have access to key witnesses, warrants, and information that we lack, and second because our concurrent questioning could create a risk of complications -- for instance, charges of witness tampering -- that could negatively affect the legal proceedings. I assure you, however, that the Duke disciplinary system will be brought to bear as soon as this can appropriately be done. Until that time, I urge us to be patient and remind ourselves that allegations have been made, the team has denied them, and we must wait until the authorities act before reaching any judgment in the criminal case.

Quite separate from the criminal allegations, there have been reports of persistent problems involving the men's lacrosse team, including racist language and a pattern of alcohol abuse and disorderly behavior. These are quite separate from the criminal allegations, and these we will address at once. The Athletic Council, the body with oversight of athletics in Duke's governance system, is the right group to perform this investigation. The Executive Committee of the Academic Council and I have asked a faculty subcommittee of the Athletic Council to investigate all the evidence regarding objectionable behavior prior to March 13. The intention here is not to single out the behavior of individuals but to understand the extent to which the cumulative behavior of many over a number of years signifies a deeper problem for which significant corrective actions are called for. I have asked this group to report its findings and to make any
recommendations it may have by May 1. I am pleased that Professor James Coleman of the Duke Law School, an Athletic Council member, has agreed to chair this committee.

2. Investigation of Duke Administration Response. I have heard a good deal of criticism of the Duke administration for being slow to respond to the allegations against the team associated with March 13. At meetings with faculty, students, community members, and others, I have
explained why it took time to know how to respond: we learned the full magnitude of the allegations only gradually, as police and other information was reported in the media, and indeed it appears it took the police themselves some time to understand the nature of the case. Nevertheless, I want to address the concern that my administration did not respond as quickly as we should have and to learn any lessons this episode can teach. To that end, I have asked two individuals with outstanding experience in higher education and civil rights to look into the role of the Duke administration and Duke Athletics in handling this episode. I am grateful to William Bowen, President of the Andrew Mellon Foundation and former President of Princeton University, and Julius Chambers, former Director-Counsel of the NAACP Legal Defense and Educational Fund and past Chancellor of North Carolina Central University, for agreeing to take on this task. They have agreed to report their findings and make any recommendations to
me by May 15.

3. Examination of student judicial process and practices. Questions have been raised within the Duke and Durham communities about the way Duke deals with problems of student behavior and the applicability of our Community Standard to social life. The Executive Committee of the
Academic Council has charged the Council's Student Affairs Committee, chaired by Professor Prasad Kasibhatla, to study Duke's existing judicial processes and practices for students and make any recommendations for change to the administration and faculty by June 1.

4. Campus Culture Initiative. Duke traditionally has given its students a great deal of freedom, but at times the exercise of that freedom is not matched with a commensurate sense of responsibility. We must be concerned about issues of campus culture this episode has
raised quite apart from the lacrosse team. This is a time for Duke to take a hard look at our institutional practices to assess the extent to which they do, or do not, promote the values we expect students to live by.

I have asked Vice Provost for Undergraduate Education and Dean of Trinity College Robert Thompson to direct a Campus Culture Initiative involving faculty, students, and staff. The task of the Initiative is to evaluate and suggest improvements in the ways Duke educates students in the values of personal responsibility, consideration for others, and mutual respect in the face of difference and disagreement. The goal of this initiative is not to tell students "what to think" in some simplistic or doctrinaire way. Nevertheless, this is our chance to take the ethical dimension of education much more seriously than heretofore. An important task of the Initiative will be to enlist the faculty more fully in this broader work of education. Since we need to engage the whole of the student population in this process, we will also need to involve all of Duke's
overlapping student groups and communities and learn how they can be parts of the solution.

Although the academic year will soon draw to a close, I believe the Initiative's work should begin this spring. We should not lose the chance for education in large and small groups supplied by this moment of heightened sensitivity. Some work can be done over the coming summer, and we are looking to pioneer a period of focused engagement on campus issues for upper class students in the fall. In honesty, some of the Initiative's work will require long-lasting attention and is unsusceptible to any quick fix. This would include promoting a more responsible approach to the culture of campus drinking, a major factor in Duke's recent crisis and the source of much bad college conduct throughout the United States. I have asked Vice Provost Thompson to
report on the Initiative's progress at the end of this term and again in the fall.

5. Presidential Council In addition to these steps aimed at the lacrosse team culture and our larger student culture, I will convene a presidential council to give advice and offer guidance to me and the Board of Trustees. This group will be made up of wise figures from within the university community, from the larger Duke family, from the national higher education community, and from the city of Durham. I will ask it to receive and critique our internal policies and self-assessments regarding the promotion of these central values; to inform our on-campus efforts with the best practices in other university settings; and to consider ways that Duke and its community can work yet more closely to promote these values in a larger social
setting. Emeriti Trustees Wilhelmina Reuben-Cooke, Provost and Vice President of Academic Affairs of the University of the District of Columbia, and Roy Bostock, Chairman of The Partnership for a Drug-Free America, have agreed to chair and I plan to convene the first meeting of the Council this spring.

In addition to these five steps, I look forward to continuing a dialogue with leaders in Durham and at North Carolina Central University. I'm indebted to Mayor Bill Bell for hosting a meeting on the Duke campus last week that brought together many African American leaders to discuss the incident of March 13. We concluded that meeting with the resolve to meet again; I look forward to further discussions with this group and others at the next meeting, which my
colleague NCCU Chancellor James Ammons has offered to host. Durham is a proud city with a rich history and a diverse population that responds to the challenges of the day better than many other cities in this country. I'm resolved to seize the moment to do what I can to
strengthen what is in many aspects, but surely not all, a positive relationship between our university and city.

Nobody wishes trouble on one's house and I regret the trouble that this incident has brought to Duke and Durham. But when trouble arrives, it's the test of a community and its leaders to deal with it honestly, act accordingly and learn from it. This is a deeply emotional time as well as a rare opportunity for education -- for our students, faculty, administrators, and members of our community. Let's move forward with a serious commitment to make progress on the many complex issues that confront us now.

Richard H. Brodhead
President
Duke University

And the Fight Continues...

2006-03-14T05:55:00.000-08:00

Last night I sat in class and listened to students question the continued viability of HBCUs and minority admissions policies... Then I woke up this morning to the story of Virgil Hawkins on the Florida News Channel. As I listened to how the state of Florida and the highest officers of its court crafted a study to support its theory that it would be better for an entire law school to be constructed for one black student than to allow one black student to attend the university of Florida...

Then I read the NYTimes.com article that trumpeted the end to minority scholarships here
I guess I need to seek out more 7 year olds to stand up with me...Like this one here

The Time Capsule of America

2006-02-03T12:31:00.000-08:00

Sometimes I wonder if we are in some weird time capsule. I wonder if this country is stuck on a certain date or set of dates...like we are in a perpetual Groundhog's Day like Bill Murray was...cause from here 1963...looks a lot like 2006.Churches were burned and bombed in the south right? Unless I am looking at it wrong...cause 1991 also looks like 2006. Black male was pulled over down on the ground and beaten with a law enforcement agent's use of force...right? Who knows...maybe like in the movie one day we will all just WAKE UP! like Dap tried to make us do...back in 1988.

Coretta Scott King 1927 - 2006

2006-01-31T10:15:00.000-08:00

Dear NBLSA FAMILY:
As we sit here today and reflect on the fell clutch of circumstances that have brought us together as friends and colleagues let us not forget those who came before us. The wife of one of the most recognized people in the world and a powerful spirit in her own right has been called to permanent peace. Her legacy will live on in the strength she showed through years of fighting for the preservation of the memories and work that her family felt necessary as a people. Ms. King fought so that Black Law Students could become Black Law Students...and for that we owe her special praise. For without the actions and support that she and others gave to the civil rights movement, without her spirit of giving and continuous effort to confront injustice where it stood, there may not have been a NBLSA to be belong to or participate in. There would be no national convention or regional conventions, there would be no executive board.

Let us not let this spirit go unforgotten. As we approach Black History Month, remind your colleagues why it is a value to them that you are in the class room. A great deal of their clients will resemble you and by your interaction with them your colleagues gain valuable knowledge that will impact your colleagues well into their future. Remind your classmates that the movement was also about better student rights as a whole, thus providing access to students, some of whom are sitting next to you, who prior to the movement could not gain funding to attend these law schools. Reflect on how you can reach back to the next generation and help promote the general welfare and well being of the next Coretta, or Raqi, or Chris or Mishonda or AJ Cooper through a mentoring program or by volunteering your time. And finally rejoice that while we may no longer see the grace that she exhibited in this realm, we were able to behold that vision as an example of just how strong our beautiful Black Sisters are and will always be...

Yours in service,

Of Kings and Men...

2006-01-31T10:14:00.000-08:00

Almost 15 years after the now infamous Rodney King incident we pause to find ourselves in almost the same position. In St. Louis we see yet another incident of force being used on a suspect after he is in the controllable custody of police authority. What a way to honor the memory of another King.

Katrina on the Ground Volunteers

2006-01-29T14:38:00.000-08:00

NBLSA's trip is scheduled to occur the second week in March (March 6-12, 2006). NBSLA will subsidize the cost of airfare by $250 for a limited number of active NBLSA members and will be partnering with local BLSA chapters for housing. If interested please, contact me your National Attorney General, Joe Briggs, at ag@nblsa.org. I will email you the documents that you need to fill out for the Katrina on the Ground effort. Reimbursement vouchers will be distributed on a first come first serve basis and will be provided upon completion of the trip.

In addition to the other forms discussed above, all the interested NBLSA members are required to be a part of an active chapter, submit a transcript indicating a minimum of a 2.5 GPA, and provide a letter from their local chapter president or community service director indicating participation in a community service activity. All materials should be emailed to ag@nblsa.org or contact me at the same address for an address to mail the items too.

Yours in Service,
Joe B.

Where Have All The Activists Gone?

2005-12-16T19:35:00.000-08:00

Imagine if you will that you are at home sleep. Fell asleep watching TV as your baby daughter slept in her room. You were awakened by someone breaking in your back door. You immediately run to your daughters room and ready your weapon to defend your child... Someone enters the room and you fire three shots...

After the shots are fired you hear more people enter the house and you hear them identify themselves as police officers. You surrender without further incident of struggle only to later find out that you have shot a police officer that entered your home to execute a search warrant....

Such is the story of Corey Maye, a then 21 year old Black Man in Mississippi. Much like Tookie Williams, he has been sentenced to die for his actions on that night. Unlike Tookie, Maye was seeking to protect his daughter. Unlike Tookie he had no criminal background, didn't get any movies of the week, and won't see any activist pleading with the Governor for clemency...yet. So again I say as we reflect on the recent death of Tookie Williams we should remember that there are many other needs for us to focus on. Injustice is alive in some areas of this country.

I have included below a google of this case so you can see a few things that have been uncovered. Things like how initially there were no drugs found in the house with Maye...but later there was a marijuana cigarette and some trace evidence found. Read how the son of the former police chief that was accidentally killed was not trained to be on the raid that night...but got to go because he dropped the information about the neighbor of Maye who was actually the focal point of the whole sting operation. Read how the focal point was not even arrested or prosecuted...even though they found large quantities of marijuana in conducting a search pursuant to the warrant on the other side of the duplex away from where Maye and his daughter lived. So I ask Jesse, Al, Oprah, Montel, Larry and even Bill (Clinton and O'Reilly) where is your media coverage and attention now?

Google for Corey Maye

Wikpedia Entry for Corey Maye

***********
Update: there has been a contest started to get the word out on this case....

Equality Under the Law...

2005-12-13T13:36:00.000-08:00

Ok so let me get this straight...25 year old female has sex with 14 year old male and gets no jail time even though she was never intending to have a future relationship with the 14 year old...

37 year old has sex with 15 year old and gets pregnant and married also gets fully prosecuted...

22 year old marries 14 year old gets fully prosecuted...and an offer of 50 years put on the table.

Maybe I missed something because I thought DOMA was the law of the land...but this clearly shows favoritism to sex without the thought of marriage.

After Tookie...the world still turns

2005-12-13T07:28:00.000-08:00

After the Death of Tookie the world will still turn. We may never get to the merits of the debate on whether the death penalty is good policy in this country given the proven records of error in conviction...but the supporters of Tookie fell short of presenting that as a the case for Tookie to be spared. Rather it rang all to similar to the episode of the Boondocks where R. Kelly was on trial and the defense attorney screamed to the jury about his nomination for prestigious awards as justification for his life. Where I stand on it is simple - for the religious:vengeance is mine sayeth the Lord and for the non-religious:two wrongs don't make a right.

But again I ask the bigger questions....like why are we not in this debate about economic development in New Orleans and Mardi Gras? Why are we not talking about the jury rejecting a case where another Black Police officer was killed trying to do his job? Why are we not talking about the deputy in Maricopa County - home of Sheriff Joe - suing the Taser folks for a volt causing him to be disable in a training exercise? I guess cause Snoop 'nem are still busy mourning....

CNN.com - Governor denies clemency for ex-gang leader - Dec 12, 2005

2005-12-12T12:44:00.000-08:00

Breaking news Arnold said the facts do not justifying the overturning of the case... The courts have denied him any further appeals... and the world waits to see what will happen in the aftermath of Stanley "Tookie" Williams.

And now for the good news...

2005-12-08T10:57:00.000-08:00

In a recent report, the National Opinion Research Center at the University of Chicago revealed that 1,869 African-Americans earned doctorates in 2004, resulting in a 9 percent increase over 2003. In 2004, African-Americans made up 7.2 percent of all doctorates awarded to American citizens, an all-time high. Read the full report at this link here.

As the World Turns on Tookie...

2005-12-06T19:53:00.000-08:00

There are a plethora of opinions on the Tookie Williams situation. Should he be granted clemency and let go? Should he be granted a reprise from the death penalty? Should he be made to give a full accounting for his actions on this Earth - the creation of an environment and propensity for death in and around his very own diaspora? Should he be given credit for his good behavior? There are two sides to every story. Yes two sides indeed...

The thing about Stanley Tookie Williams is this...many people feel that he is the cause of the day. Anybody else notice how all the people that were fighting for the Katrina Victims a few months ago are the same people noticibly absent from Washington DC as thousands of people are removed from government assisted evacuee living. Now before you start calling this greatful product of the SoCal area a sellout or anti Tookie, Stop and press rewind on your Tivo! I have seen first hand the problems created by the by-product of Tookie's creation. I don't think he should die but I think that he may need to remain in jail for the remainder of his life. What I am saying louder is that let's keep our eye on the ball. Let us now remember that we swore to stand by those citizens of the greater Louisiana area. Let us remember that the cameras may not always follow our story. I know I may sound like an Uncle Ruckus...but I am really just fighting for the people.

No Jail time...Again (UPDATED)

2005-11-23T06:55:00.000-08:00

Ok...I'm sorry but when did it become ok for a person to not go to jail because they "are too attractive" and may not adjust well with the other prisoners? I'm sorry people but this is the second time that someone has committed a felony and been giving time at their personal place of confinement. I am not judging the judgments or the sentences...but I am saying that there seems to be an equal protection argument here. So the next time a young man or woman gets charged with a felony...just remember to plead that they would not survive in jail...they may get off too.

But there is something else that I am wondering...where are all those people that were just picketing outside the trial and conviction of the sex offender last week? I am sure that in Florida the Jessica Lunsford Act would apply but am I looking at this wrong? I thought we said we were getting tougher on sex offenders? House arrest doesn't seem tougher but maybe they are taking a page from California and the Du case

************************************
UPDATE I guess the other judge in the case in Marion County didn't agree with the new "too pretty for jail" defense

Has the Smoking Gun Been Found?

2005-11-16T11:19:00.000-08:00

the people from People For think so. I will leave it to you to decide...the views expressed below are from the latest PFAW newsletter...

Alito Documents Reveal Smoking Gun
A new bombshell document - a 1985 letter written by Bush Supreme Court nominee Samuel Alito - confirms what People For the American Way has warned you about and what the White House has been trying to obscure: this nominee is a true believer and a dedicated foot-soldier in the right-wing plan to remake the judicial landscape of the United States of America. (Don't miss these stories in the Washington Post and the Boston Globe.)

Writing that he was honored to "help to advance legal positions in which I personally believe very strongly" as part of the Reagan Justice Department, Alito took particular pride in working against affirmative action and asserting that "the Constitution does not protect a right to an abortion." He also defended "the legitimacy of a government role in protecting traditional values."

The letter landed him a job with Reagan's Attorney General Edwin Meese, but it could cost him one on the Supreme Court. Judge Alito showed a fervent allegiance to virtually every pet cause of the radical right. And there's no way for him to disavow these views by attributing them to the Reagan Administration, as Chief Justice John Roberts tried to do during his hearings.

Race still not Topic for Discussion

2005-11-09T11:37:00.000-08:00

Race. Not one of the more lethal four letter words in the English language. It did not even make it on the list of seven dirty words that made the nation change the way you view TV and listen to radio...the pre-cursor to the most famous fine in football history. But nonetheless Race has moved ahead of those words. Certain sites offer anonymity to those who chose to express their views of other races.

Others celebrate the race of its members and encourage better relations between Americans... But still the mere mention of a race based example in this country brings to the surface something you may have never expected in folks. Look at what happened with Fisher DeBerry in Colorado and Bill Cosby last year in the shadows of Brown. But I guess race is still not a factor worthy of discussion... I pray that someday it will be worth a minute of our time.

*******
UPDATE: Fraternity Member Resigns Over Online Comments

Hit and Run - A Tale of Two Sentences

2005-11-07T10:35:00.000-08:00

Two sentences that begin in the same general area with the same general facts. Two drivers both driving negligently, both cause the death of two victims. The difference is what we as law students, professors and watchers should be concerned with the most.

You see, one driver received a sentence of 30 years as the prosecutor sought a maximum penalty...The other received two years of house arrest with another few years of probation. The difference between the two is apparently the service provided by legal counsel. The lawyer representing the young black man in his case was a representative of the local public defender's office. The lawyer representing the young school teacher...a seasoned veteran private attorney with over 30 years of experience.

This should be striking home for you now as you remember that your friends and someday you will be out in the field practicing the art of advocacy. Remember that the difference in your clients ability to experience freedom is clearly vested in the ability to fight for your client. Your passion in advocacy will be the stop gap for them, the difference between life and mere existence...

Its 6 am do you know where your prison is?

2005-11-02T06:00:00.000-08:00

In a recent article in the Washington Post, staff writer dana priest revealed that since shortly after the attacks of 9-11 the CIA has been operating a network of secret prisions on continents all over the world. The CIA has said the justification for this practice was the prevention of another similar attack. My question is have we all been taken in a realy good shell game? Have we been fooled into watching the SCOTUS nominees and gas prices while there was a bigger move by the other hand that we should have seen?

Our National Chair has joined the Blogsphere!

2005-11-02T03:17:00.000-08:00

Similar to many of you across the nation, I am in the midst of studying for the MPRE…counting down the days until I formally begin my attempt to successfully enter the bar. I now know that the bar recommends that every attorney provide at least 50 hours of pro bono work a year, prohibits judges from sitting on “for profit” boards, and requires full disclosure of every speeding ticket I’ve received in my life.... read more here at blackprof.com

It's 6am - Do you know who your Supreme Court Nominee is?

2005-10-31T06:00:00.000-08:00

In case you don't... from the SCOTUS blog

Brief biographyJudge Alito currently serves on the U.S. Court of Appeals for the Third Circuit. Prior to his nomination to the Third Circuit by President George H.W. Bush, he served as U.S. Attorney for the District of New Jersey (1987-1990), Deputy Assistant Attorney General (1985-1987), and Assistant to the Solicitor General (1981-1985).
Judge Alito was born in 1950 in Trenton NJ. He attended Princeton University and Yale Law School. He clerked for Judge Leonard I. Garth on the Third Circuit.
Useful weblinksAccess a profile of Judge Alito at Law.com

Notable opinions:
A majority opinion in ACLU v. Schundler, 168 F.3d 92 (3d Cir. 1999), holding that the Establishment Clause was not violated by a city hall holiday display that contained a creche, a menorah, secular symbols of the season, and a banner proclaiming the city's dedication to diversity.

A majority opinion in Fatin v. INS, 12 F.3d 1233 (3d Cir. 1993), holding that an Iranian woman seeking asylum could establish that she had a well founded fear of persecution in Iran if she could show that compliance with that country's "gender specific laws and repressive social norms," such as the requirement that women wear a veil in public, would be deeply abhorrent to her. Judge Alito also held that she could establish eligibility for asylum by showing that she would be persecuted because of gender, belief in feminism, or membership in a feminist group.

A majority opinion in Saxe v. State College Area School District, 240 F.3d 200 (3d Cir. 2001), striking down as contrary to the First Amendment a public school district anti-harassment policy that extended to nonvulgar, non-school-sponsored speech that posed no realistic threat of substantial disruption of school work.

A majority opinion in Shore Regional High School Board of Education v. P.S., 381 F.3d 194 (3d Cir. 2004), holding that a school district did not provide a high school student with a free and appropriate public education, as required by the Individuals with Disabilities Education Act, when it failed to protect the student from bullying by fellow students who taunted the student based on his lack of athleticism and his perceived sexual orientation.

A majority opinion in Williams v. Price, 343 F.3d 223 (3d Cir. 2003), granting a writ of habeas corpus to an African-American state prisoner after state courts had refused to consider the testimony of a witness who stated that a juror had uttered derogatory remarks about African Americans during an encounter in the courthouse after the conclusion of the trial.

A dissenting opinion in Planned Parenthood v. Casey, 947 F.2d 682 (3d Cir. 1991), arguing that a Pennsylvania that required women seeking abortions to inform their husbands should have been upheld. As Judge Alito reasoned, "[t]he Pennsylvania legislature could have rationally believed that some married women are initially inclined to obtain an abortion without their husbands' knowledge because of perceived problems--such as economic constraints, future plans, or the husbands' previously expressed opposition--that may be obviated by discussion prior to the abortion." Chief Justice Rehnquist's dissent from the Supreme Court's 5-4 [corrected] decision striking down the spousal notification provision of the law quoted Judge Alito's dissent and expressed support for Judge Alito's reasoning.

A dissenting opinion in Homar v. Gilbert, 89 F.3d 1009 (3d Cir. 1996) arguing that that a state university did not violate the procedural due process rights of a campus policeman when it suspended him without pay and without a prior hearing upon learning that he had been arrested and charged with drug offenses. The Supreme Court, which reversed and remanded the case on other grounds, agreed with Judge Alito's reasoning that no hearing was required prior to the suspension because the drug charges showed that the suspension was not baseless.

A dissenting opinion in Sheridan v. Dupont, 74 F.3d 1439 (3d Cir. 1996) (en banc) arguing that a plaintiff in a sex discrimination case should not inevitably be able to survive summary judgment simply by casting doubt on the employer's proffer of legitimate, nondiscriminatory reasons for the adverse employment decision.

When is Race a Factor?

2005-10-23T18:23:00.000-07:00

Again we find ourselves confronted with the ugly head of racism hidden behind a thin veil of comedy. Years from now people will say that Dave Chappelle walked away from what is arguably the largest single contract for a comedic standup performer for no good reason. But I think there was a reason. In his attempts to bring race into the picture and show how comical it was to be a racist he actually found that some people that were laughing were not laughing because of the comedy, they were laughing for another reason. Like the old saying goes- they were not laughing with you, they were laughing at you. And I think that perhaps Dave felt that the laughing at him got to be a little too much.

Often times today we hear jokes that show how comfortable it has become for members of our civilized society to spit out racial epithets in the name of comedy or satire. Sometimes, however that thin line is crossed. Let us stand in the gap to make sure that line is not crossed too far.

All the Presidents Women...

2005-10-11T05:22:00.000-07:00

A lot of people would say of the more recent presidents Bill Clinton was more notorious for his relationships with women. A NY Times staff reporters retorts with a review of all the women appointments by W in an article titled "All the Presidents Women". Maybe it is true that W has an inner circle that he simply chooses to associate with...and maybe we can add sex to the list of things that are not a factor.

But Race Was not a Factor...

2005-10-10T07:35:00.000-07:00

There have been some real startling events in the news and in the country recently that have been tagged with this line. As law students and thinking people I would say that someone is trying to pull the wool over our eyes if they think that we are believing it on all counts. Lets recap:

1. New Orleans and the Gulf coast areas of highest minority density are devastated by Hurricanes and aid is rationed out disproportionately, threats are made to those trying to help themselves and many dye in the richest country in the world...from not having water. (But race was not a factor)

2. All across the country we are seeing rising numbers of taser usage on minorities, with several ended in the death of the tased individual. (But race was not a factor)

3. In describing a hypothetical about ways to reduce crime in the country a peculiarly placed qualifier left the country wondering why it was needed (But race was not a factor)

So my question is this...when will race become a factor? Sunshine has always been one of the best disinfectants in the world so help me find out when race will be a factor in determining when we find out why a qualifier was used or why we are being tased or even why after years of police brutality...we are still finding ourselves on the wrong side of so many police batons and fists. Maybe if we made race a factor in the discussion we could help actually make race not a fact any longer.

Not with NWA but Still DRE

2005-10-07T09:04:00.000-07:00

If there was a kid that was shot and blamed it on gangsta rap the news media would have pointed all day to the horrible trend set by rap group NWA with its venomous "gangsta" lyrics and derogatory terms. Wonder why they not talking about the positive influence of the same people?

Remember people don't have to kill you for you not to exist. They only have to marginalize you or simply not record your presence in their version of history. Simply put, I guess they just forgot about
Dre...

'Roberts Court' era begins

2005-09-30T05:39:00.000-07:00

And what an era it will be. As members of the legal profession, we should keep a watchful eye on the 'Roberts Court' era. This will probably be the the court of our lifetime and the holdings and precedents will live on long after our kids are in law school trying to grade on to law review.

other articles of interest are here and here.

Civil Rights Lawyer / Federal Judge Baker Motley Dies

2005-09-29T13:04:00.000-07:00

While the rest of the world celebrates or decries the confirmation of a John Roberts, we must not overlook the loss of one of our historic icons. The loss of Constance Baker Motley will be far reaching and have implications far beyond our time. Think about that as you continue to debate who our next Supreme Court Justice will be...

Assault with a deadly...wing?

2005-09-28T15:10:00.000-07:00

Going to the NBLSA Southern region job fair this weekend you may want to leave the chicken wings alone. There are however two sides to each story...

Who says a lawyer needs law school?

2005-09-21T09:53:00.000-07:00

Since there are not many minorities in the legal classrooms of this country maybe minorities need to consider alternatives to Law School? I don't know how successful this would be in our community but it may be a start.

Follow - up: London Police Watch.

2005-08-16T16:07:00.000-07:00

Following up on the reports out of London on the Brown skinned bomber suspect from last month finds us in no better place than we were before in a search for understanding. My prayers for peace are extended to his Family.

The Hard Line in London Led to the Wrong Murder

2005-07-24T19:49:00.000-07:00

New indication have been found to show that the Young Brazilian native shot in London five times was actually not a terrorist...just a dark skinned man that was not use to the cooler temperatures in London, England. In fact, the young man was a hard working immigrant that sent money to his family back in Brazil and was actually working more than one job to support himself in his new found temporary home. So the question becomes what is the next step....here are a few thousand more related stories about how the wrong man was gunned down by five shots...for wearing a jacket and being late to work.

Wal-Mart and other GC's take Stance on Diversity

2005-07-22T13:56:00.000-07:00

Law firms that pack their lower ranks with minorities and women while leaving white men in charge are about to find Wal-Mart a tough customer.

The nation's biggest retailer wants to see diversity at the top. The company's general counsel has told its top 100 law firms that at least one person of color and one woman must be among the top five relationship attorneys that handle its business. " Full article from law.com is here.

Where have all the Black Males Gone?

2005-07-22T09:40:00.000-07:00

LaShawn Barber and her fellow conservatives tend to believe that it as easy as telling the young Black male to stop committing crimes and the decades old mass exodus of Black males to the prison system will cease. I may be off base but I know that as a Black male...it's bigger than that. But then again I am sure a group of conservatives and other-than-black males can tell me what can keep me out of jail better than I can tell myself... American Prospect Online, posted an article about just how tragic this situation is becoming.

For anyone in the Florida Area, Senator Tony Hill in conjunction with the Omega Psi Phi Fraternity, Inc. has established a series of Town Hall meetings at the four HBCU's in the state to address these specific issues. The disparity between the number of Black males in post-secondary education in the state when compared to the number of Black males in the criminal justice system is quite disheartening.

****

The schedule of the Town Hall Meetings:

July 25, Florida Memorial University.
Focus: education at the pre-K and elementary levels.
July 27, Bethune-Cookman College.
Focus: education at the middle school level.
July 28, Edward Waters College.
Focus: education at the high school level.
July 29, FAMU.
Focus: college-level education.
July 30, Series Wrap Up - FAMU.

Wisdom From the Past

2005-07-21T16:21:00.000-07:00

"I never saw a wild thing sorry for itself. A small bird will drop frozen dead from a bough without ever having felt sorry for itself."
-D.H. Lawrence-

Give Me Two Pair, He Needed Two Pair...

2005-07-21T13:04:00.000-07:00

So why would I talk about Air Force 1s on the NBLSA Blog you ask? Because the understanding of profit and business in our community is something we should all seek to understand. Shoe companies, Food Companies and many other multinationals are making huge profits off the people that NBLSA members will end up representing someday in some capacity. Lets take a real look at what those "two pair" cost so we can figure out how to help the makers of those "two pair" give some of that profit back where we need it most.

Oh and by the way...the other reason is so that you can keep up with contracts and negotiations because the guy that made screaming "two pairs" famous is now playing on another team.

Sudan apologizes over rough up..but not Darfur

2005-07-21T08:36:00.000-07:00

The US Senior Officials are still not taking the Sudan incidents seriously. At our National Convention people asked about our position on the Sudan and Darfur - NBLSA will always work within the legal system in place to help our brothers and sisters throughout the African diaspora. But I think the leaders of Sudan may have hurt themselves with their recent actions. Read more here

How Bad Laws Hurt the World

2005-07-21T07:52:00.000-07:00

Surely you may have seen the HBO re-creation of the story of Vivian Thomas. Mr. Thomas was largely responsible for the technology that allowed this country to be a pioneer in open heart surgery and precedures necessary to correct a condition that caused "blue babies" because of a lack of sufficient blood flow to the heart. Amazingly enough, Thomas was not the only brown skinned man of African descent forgotten by the history writers of Medicine in this, our world. Remember that they don't have to kill you for you not to exist, simply not acknowledge that you ever lived and it will be as if you were never here at all...

Read more about the amazing Mr. Hamilton Naki here...

Where is the Love?

2005-07-19T13:10:00.000-07:00

California Assemblyman Tim Leslie has an interesting perspective on the urban communities. In his article The Black Community Deserves Better "Love" the assemblyman questions the relationship Blacks have with the Democrat party.

Here is an excerpt:
There's no question that the Democrat party machine loves black voters at election time. From city council contenders to presidential nominees, the candidates parade through black neighborhoods and churches, backslapping and misquoting Bible verses. In front of cheering crowds they thunder out sweet nothings. But when the politicians sit down to do real business, it is clear who holds the Democrat Party's heart: big labor bosses, trial lawyers, and pro-abortion, homosexual, and other liberal activists. Like the collegiate boyfriend who imagines his hometown girl will never be the wiser, the Democrat Party has a hard time staying faithful when other attractive voices come calling.

disclaimer: this information is not an endorsement of either party by NBLSA or the creator of this website; the intent of this post as with all others is to create dialog amongst NBLSA members.

Who was the Father....

2005-07-18T14:07:00.000-07:00

Often times throughout life we are educated about the history of the African in this new world. We are given tribute through the work of great minds like Carter G. Woodson and John Hope Franklin. The souls of our ancestor cry out to us for rememberence, yet still some are forgotten. Two easy questions for you - Question 1: Who is the Mother of the Underground Railroad? Harriet Tubman (I told you it was easy) Question 2: Who was the Father?

You see Blacks have been marginalized in a lot of ways in this country but none more serious than the almost complete censure of our accomplishments and contribution to this society. What are you doing to change that? The answer to Question 2 is below.

David Ruggles - Father of the Underground Railroad
David Ruggles (1810-1849), a free black man, was born and educated in Norwich, Connecticut. In 1827 he moved to New York, where he worked as a grocer. In 1834 he opened a printing and book shop that specialized in abolitionist literature. Ruggles became active in the New York antislavery movement, serving as a writer, lecturer, and traveling agent for the reform publication Emancipator and Journal of Public Morals. As a conductor on the Underground Railroad, he was responsible for the journey of a young man that would later become known worldwide as Fredrick Douglass out of bondage and into freedom. He was responsible for a network that freed well over 300 Africans from bondage. He also served as editor of the Genius of Freedom and the Mirror of Liberty, and secretary to the New York Vigilance Committee often phsyically fighting slave bounty hunters and using his power to help provide legal defense to them in the courts of New York where he resided.

His career in the antislavery movement ended abruptly in 1842 when temporary blindness, an illness that would plague him for the remainder of his life, forced him to curtail his activities and seek medical attention. At the Northampton Association of Education and Industry in Florence, Massachusetts, he underwent hydrotherapy, which temporarily relieved his blindness. Soon thereafter he began a new career as a hydrotherapist in Northampton, Massachusetts, treating such celebrated individuals as Sojourner Truth and William Lloyd Garrison. His reputation as a hydrotherapist gave him a prominence that rivaled his stature as an abolitionist and allowed him to continue to serve his people until his last day on Earth.

Is Civil Unrest Brewing in St. Louis?

2005-07-13T08:02:00.000-07:00

Instead of studying for the Bar nonstop (like I keep advising him to do) Will Dailey keeps sending me these articles about police violence in St. Louis. There may be trouble brewing after a recent round of activities between the police and the citizens in the Kirkwood area. Depending on which side of the story you hear, either a cop killed a child by scaring him to death and was later killed in retaliation...or a innocent cop was murdered in cold blood after a child died of natural causes.

Read more about this incident by clicking here and here

Tribute to a Black Law Student

2005-07-13T08:01:00.000-07:00

Huey P. Newton (February 17, 1942 - August 22, 1989) was co-founder and inspirational leader of the Black Panther Party, a militant African-American activist group.

Huey P. Newton was born in Monroe, Louisiana. He was named after governor Huey P. Long. Newton's family moved to Oakland, California in his childhood. Newton attended Merritt College, earning an Associate of Arts degree. He also studied law at Oakland City College and at San Francisco Law School.

Newton claimed he studied law to become a better burglar. He was arrested several times for minor offenses while still a teenager and he supported himself in college by burglarizing homes in the Oakland and Berkeley Hills. In 1964, he was convicted of assault with a deadly weapon after stabbing a man at a party and sentenced to six months in the Alameda County jail.

While at Oakland City College, Newton had become involved in the radical politics that dominated the Bay Area. He joined the Afro-American Association and played a role in getting the first black history course adopted as part of the college's curriculum. He read the works of Frantz Fanon, Malcolm X, Mao Tse-tung, and Che Guevara.

It was during his time at Oakland City College that Newton along with Bobby Seale organized the Black Panther Party for Self Defense in October 1966, with Seale as chairman and Newton as minister of defense.

Race Riots in the South

2005-06-21T08:44:00.000-07:00

Ever wonder what the encyclopedia says about race riots?
*****
Organized and spontaneous outbursts of urban violence resulting from a great revolution in racial relations that began in the South as a consequence of the Civil War. Formerly enslaved people demanded political, social, and economic rights associated with citizenship and freedom under the law, and whites responded to these demands with violence. Much of this occurred in rural America and evolved from terrorist attacks on blacks and white Republicans by groups, such as the Ku Klux Klan, to a ritualized epidemic of brutal lynchings and murders. As part of this violent landscape, race riots broke out in urban America beginning first in the South but then spreading to the cities and towns of the Midwest and North. The first one occurred in New Orleans in the summer of 1866, when a crowd of police and whites attacked several hundred black demonstrators parading in favor of suffrage. Thirty-six people died, and all but one were black or white Republicans. Other such riots followed continuously well into next century. Among them were: Colfax, Louisiana (1873), New Orleans, Louisiana (1874); Washington County, Texas (1888); Phoenix, South Carolina (1898); Wilmington, North Carolina (1898); New Orleans, Louisiana (1900); Boston, Massachusetts (1903), Atlanta, Georgia (1906); Brownsville, Texas (1906), Springfield, Illinois (1908); East St. Louis, Missouri (1917); Houston, Texas (1917); Charleston, South Carolina (1919), Chicago, Illinois (1919); Elaine, Arkansas (1919); Longview, Texas (1919), Omaha, Nebraska (1919), Washington, D. C. (1919), Tulsa, Oklahoma (1921); Detroit, Michigan (1943), and Harlem, New York (1943). In the summer of 1919, major confrontations occurred in over 25 towns and cities. In most of these riots, white mobs started the violence, but in many cases, blacks fought back, presaging the more militant mood of black Americans in the 1920s.

******
Stay Tuned...

Costs.. Its All Relative

2005-06-19T12:29:00.000-07:00

People often complain about the high cost of education...until they realize the price of ignorance.
Sherrie Barnes

Often times as law students we think about the amount of student loans and obligations that we incur during law school never thinking of the future. We need to prepare for the future now.

Wisdom From the Past...

2005-06-16T06:49:00.000-07:00

It is a peculiar sensation, this double-consciousness, this sense of always looking at one's self through the eyes of others, of measuring one's soul by the tape of a world that looks on in amused contempt and pity. One ever feels his two-ness,--an American, a Negro; two souls, two thoughts, two unreconciled strivings; two warring ideals in one dark body, whose dogged strength alone keeps it from being torn asunder.

:: W.E.B. Dubois in his response to Booker T. Washington::

Black Conservatives and the Senate Apology

2005-06-14T14:38:00.000-07:00

NBLSA is a 501(c)3 and therefore cannot advocate for a particular political party. Having said that I am trying to understand what we are fighting for. I am contemplating opening a personal blog because I have spent the better part of the day going back and forth with La Shawn Barber about how the people should feel about the apology issued by the Senate. My feeling is much along the lines of John Hope Franklin - too little too late. But depart from Franklin only in part because I think this would be an excellent point for someone to ask that oh so missing question of "why not assign a special commission to investigate other acts of domestic terrorism?" We are currently reinforcing the USA Patriot Act and jumping up and down for National Security - why not? Do you think it is because there may have to be a chapter in the report dedicated to Blacks in this country and the treatment of them? Black conservatives often remind us that the Republicans were the party of Lincoln and the Democrats were the promoters of Jim Crow...stay tuned to this blog for the next day or two as I chronicle the change in the parties.

Senate Apology for Lynching... But not Tulsa

2005-06-14T08:11:00.000-07:00

There will be many stories in the media with senators showing their overwhelming support for this movement. They will say that the time has come for them to take a stand and that they are sorry they just did not say it sooner. But what they won't say is that they will formally discuss Tulsa Oklahoma or the inordinate number of people who lost their lives in this country to acts of domestic terrorism that was largely advocated and ignored by law enforcement officials. Just for your thoughts - when the attacks of September 11 were sought to be remedied through compensation to the families of those victims of international terrorism, the US set up $7 billion to compensate those showing a loss related to the incident. The victims and direct descendants of the Tulsa, Oklahoma incident have not even been given adequate remedy in court let alone a special master appointment to review the incident.

For more on Tulsa:

NBLSA - It's Bigger than you.

2005-06-12T12:48:00.000-07:00

Let me start by encouraging you to read at least some newspaper - online or in print - everyday. I have a great preference for the NY Times but that is not to say that USA Today and whatever local paper is in your area is not just a well verse journalistically speaking.

Today I was doing my usual and I saw an article about a young lady from Chicago and her struggle to get out of a lower class and into a middle class for herself and her family. The story was poetic and tug at my heartstrings with its display of how much bigger than her she thought her struggle to be. It was about her kids, her husband and her community. To read the story click here.

NBLSA - Today I challenge you to realize that your attendance at law school is bigger than you. Its bigger than you making law review or whether you really deserved a spot on the moot court team. Its bigger than you being the only Black in your Torts class and its bigger than you finding out yet again that your classmates did not share the definitely outline for (insert your class here) with you and your grade was therefore lower than the grade given to them. ITS BIGGER THAN YOU. Currently Black lawyers are out there at a rate that is consistently about 2% of the legal community. In some of the more specialized areas of law practice there are less than 25 Black lawyers in the entire field full-time. How will we be able to act as the leaders of the next generation if we don't begin to realize NOW that it is bigger than us. I commend all of my fellow struggling classmates and colleagues that spend hour after hour in law libraries and study groups trying to protect our ever eroding civil liberties and implore you all to keep up the good fight, for history is written by the victors. If we are not there to win our battles then someone else will continue to write your history...And they may make it smaller than us.

Howard Dean and His Perspective

2005-06-10T07:30:00.001-07:00

Let me start by saying that NBLSA is a 501(c)3 and this post is not meant to advocate a particular party or political ideal. That being said, I wanted to change gears and address some of the recent comments by Howard Dean. Many think that he is a hot head that blew his chances at a run at the presidency by giving a speech that sounded like a WWF pep rally, but maybe it also had something to do with his track record of attempting to "gently call out White America" - his words not mine.

Take this quote for instance from an article on Dean:
Another seminal moment was during his freshman winter. One of his roommates became a leader in the black student alliance, which resulted in frequent, large gatherings of African-American men in his dorm room. At one of these gatherings, Dean said, "I suddenly realized I was the only white person in the room, and literally the hair went up in the back of my neck. 'Cause I thought, what if it was always like this? What if everywhere in your world you were the only white person and everyone else was black? For one instant I had some tiny inkling what it was like to be black in America."

Now Dean wants to get white Americans to ask those same questions without raising the hair on their necks. If he succeeds, that would really turn the tables on America's most difficult subject.

To read the full article click here. He has even said similar comments again about the Republican party being the "White Christian Party" - his words not mine, and received serious rebuffs from his colleagues.

Tasers: For Them or Against Them? Part 2

2005-06-09T10:07:00.000-07:00

Recently another person has filed a law suit against a police force for the use of a Taser on him that cause injury and scarring. My question again to the membership is are we for Tasers or against them? While the police force is continuing to assert that they would rather use a taser to subdue an unruly or beligerent person than the former method of a combination of gun use and physical baton enforcement, are the police now relying too heavily on the Taser? Read this article that details a lawsuit by a young man that says he was tased at least 17 times during an arrest. When does this become excessive and how much of our civil liberties are we willing to give up for safer streets?

Special thanks to the Southern Region Chair for putting me up on the Louisianna report.

Federal Courts Work Hard Like Ludacris

2005-06-08T19:33:00.000-07:00

And just in case you thought it was a fake... U.S. v. Murphy, 406 F.3d 857, C.A.7 (Ill.),2005. is the cite take a look at Footnote 1.

Footnote 1: The trial transcript quotes Ms. Hayden as saying Murphy called her a snitch bitch "hoe." A "hoe," of course, is a tool used for weeding and gardening. We think the court reporter, unfamiliar with rap music (perhaps thankfully so), misunderstood Hayden's response. We have taken the liberty of changing "hoe" to "ho," a staple of rap music vernacular as, for example, when Ludacris raps "You doin' ho activities with ho tendencies."

Keep in mind this is Federal Law and an opinion written and published by a judge that will remain a part of our judicial history....forever. Don't Forget to Register to Vote for Election Season!

Can You Swim With The Sharks?

2005-06-08T11:22:00.000-07:00

As young lawyers we will be asked to do the impossible while being forgettable as quickly as possible while also billing the most hours. For those of you that think your life is too busy now wait until you hit the other side of this legal profession. But no one understands being busy like Drew Rosenhaus. With a roster of 90 premiere athletes and a staff of three people, Rosenhaus constantly has to make it happen. Like him or not he is definitely making his slice of the pie bigger everyday. So, NBLSA - what are we doing to prepare ourselves to swim? For the full article on Drew click here.

The Struggle Continues

2005-06-04T14:54:00.000-07:00

Click the Pic for further commentary on Bad Cops Cost to Society

Stop and Frisk...with a Taser

2005-06-04T11:44:00.000-07:00

Recently there has been a lot of media attention locally being placed on the stop of a young lady in an SUV that refused to step out of her vehicle. Upon refusing the police officers repeated request to step out of the vehicle, the officer proceeded to discharge a taser causing the young lady to fall from her vehicle screaming. Please visit the following link to find out more information about this incident here on the Taser Page...and keep your television on!

Delta's Donate to NAACP LDF

2005-06-01T17:32:00.000-07:00

Historically Black sororities and fraternities have a long tradition of giving back to their communities. One sorority, Delta Sigma Theta Sorority Inc., recently pledged $1 million to the NAACP Legal Defense and Educational Fund to support its voting rights work. They hope that their gift will encourage others to participate in philanthropic giving to causes that effect positive change in the African American community. To view the entire article from Black Enterprise about this donation click here.

NBLSA's position on Darfur...

2005-05-31T09:09:00.000-07:00

Many people have emailed me individually about the travesty that is occurring to brown people throughout the world, including the horrific occurrences in the Darfur region. There was a discussion held at the national convention about things that we could do to support the region in its struggle but not much has come of that. I am opening the lines of communication to me to hear from you - what are some options. Please click here to see the article in today's NY times about public opinion and the US silence related to Darfur.
Send your thoughts to me at AG@nblsa.org

Do you know John Olin?

2005-05-29T08:54:00.000-07:00

John Merrill Olin (1892-1982) was an inventor, industrialist, conservationist and philanthropist. Most of his fortune was acquired in the business of making, manufacturing and selling ammunitions used in World War II. Mr. Olin was also committed to the preservation of the principles of political and economic liberty as they have been expressed in American thought, institutions and practice. For this purpose he created a Foundation targeting the conservatives of the world. The foundation is now closing its doors. Read more about the closing in the NY Times - Sunday edition here. This foundation funded the studies that helped created the Republican attack on Welfare programs and also funded a book to impune the character of Anita Hill once she made allegations against Republican Supreme court Nominee Clarence Thomas.

Information about the foundation can be found on their website here. Yes NBLSA is a nonpartisan 501(c)3 but just like law school we law students need to know all we can about the issue so that we can remain able to argue the issue and advocate for any side.

Republican Threatens Filibuster

2005-05-28T20:40:00.000-07:00

Now I know that you saw the other day that I posted some information about the debate (read fight) over teh Democratic of a filibuster in the Senate to block Bush judicial nominees. If you did you will remember that the Republicans also got into an all out media campaign saying that this Democratic move was counter to the will of the people. Well something changed according to the LA Times from May 21, 2005. One leading conservative lawmaker, Sen. Sam Brownback (R-Kan.), said he would filibuster the stem cell funding measure to prevent it from reaching Bush's desk. "I think he [Bush] would look and say that any bill that comes up from a Republican House and Senate that he has to veto is a difficult issue," Brownback said. "In a Republican House and a Republican Senate, we ought to be able to avoid it."

To find the full article from the LA times click here or google Brownback filibuster... And yes on the Saturday of Memorial Day Weekend I am still blogging and researching for NBLSA! Have a great weekend.

Today's Black Leadership

2005-05-28T17:05:00.000-07:00

Today I was visiting with a young man that attends Morehouse College and he posed a great question to me, how is NBLSA training the next group of civic and community leaders for our people. Do you have any ideas for programs, seminars or workshops that you would like to see happen? Are there any relationships or partnerships that could enhance the value of your NBLSA membership? Let me know what you think

Obama on the Judiciary

2005-05-27T12:00:00.000-07:00

Attorney and U.S. Senator Barack Obama (D-Illinois) recently chimed in on the debate about the judiciary saying that "we need to remind ourselves that the judiciary is the linchpin of our system of law and that where we have judges threatened then we potentially degenerate into a society of lawlessness."

To see the full quote visit here.

Proposed Protection for Haitian Nationals

2005-05-27T11:55:00.000-07:00

As a citizen of the State of Florida and the United States, I am well aware of the difference in the way this country treats immigrants. There have been those that would say immigration is directly impacted by the content of melanin in your skin but I will not go that far. U.S. Representative Alcee L. Hastings (D-Miramar) recently introduced the Haiti Compassion Act, legislation making nationals of Haiti eligible for temporary protected status (TPS). In light of continued political turmoil and the continued effects of devastation caused last year by Tropical Storm Jeanne and Hurricane Ivan, the Haiti Compassion Act permits Haitian nationals to remain in the United States for no less than 18 months.

To read the full press release click here.

AIDS - Epidemic or Biological Warfare Agent?

2005-05-27T11:03:00.000-07:00

I have received a series of emails for the purpose of information about the nature and origin of the AIDS virus. I know that this is a serious virus that has a real harmful effect on our community causing thousands and thousands of death and sorrow for Brown people the world over. Boyd Graves, Esq. is one of the many individuals that has chosen to dedicate his life to providing information to the world about his thoughts on the origin of this disease. If you are interested in more information please visit his website at www.boydgraves.com and read more about both Mr. Graves and the legal theories that he developed. This post is NOT intended as an endorsement or verification of the information presented by Mr. Boyd. I invite you to arrive at your own conclusions.

Do you know Theresa Shaw?

2005-05-27T03:33:00.000-07:00

Well if you don't you should. She has more control over your life than you know as the Chief Operating Officer of the Federal Student Aid Office. With the power to recommend an increase in the amount of funding available to law school students within her job duties and responsibilities, Ms. Shaw has the ability to help determine the future you will be able to afford. Yesterday on Capitol Hill, Ms. Shaw gave her opinions on the current state of federal financial aid before the House committee on governmental reform. She indicated that the programs were working well and needed to continue in its current form, however, several House members -including the Delegate from Washington D.C. - took this opportunity to call upon Congress for more opportunity to access education. Now the question is whether anything will actually change or will law school students still have only $18,500 in subsidized funds to pay for what is sometimes almost twice that in educational cost.

Just to throw out some quotes - The inspector general indicated that over $365 Million in aid had been improperly given to students under the pell grant program and that collections are doing quite well to get his money returned. For every dollar the education department spends on collections, the department collects approximately eight dollars. In direct loans the collections departments were able to gain the return of $1.5 billion in aid given in error or simply not repaid... and there are plans to crack down further on defaulting students. Now might be a good time to go check out Graduate Leverage.

Tasers: For Them or Against Them?

2005-05-26T16:25:00.000-07:00

There is a movement by local police forces to move to what they have classified as "less-lethal" weaponry in the attempts to bring criminals and suspects under control. By far the most controversial of these "less-lethal" weapons is the hand held taser device. With jolts of electricity ranging from a mild shock to a paralyzing 50,000 volt stun, these devices are being touted as the best thing to ever happen in law enforcement. Police officers are saying the devices that by using tasers instead of traditional methods of force the officers are able to avoid being placed in compromising situations where judgment by the officer or the suspect make cause violence to escalate. The civil liberty groups are saying that the use of tasers is just another way to be harmful to those who the police would have abused anyway. Below you will find links to two articles - one on each side of the issue. Please post your thoughts...

Civil Liberty view can be found here.

Police Article here.

Current State of the Judiciary

2005-05-26T16:20:00.000-07:00

While I was sitting in my State Con Law class the other day, a student raised his hand during a discussion on the judiciary and basically quoted verbatim the views of some conservatives, and surprisingly enough elected officials - he stated that the judiciary needed to be reined in because it was become to activist. With federal officials having lifetime appointments and slight if any review by courts of higher appeal and none by outside entities, judges have been allowed certain freedoms with their interpretations of the law and the results of those interpretations.

Those on one side of this debate say that the judiciary is sometimes interpreting the laws and then stepping into the role of law maker when there is not an interpretation that is in line with the judiciary's view point. Do you think that the time has come for judicial oversight or did Marshall have it right all along?

Judge Rules Group Tied to DeLay Violated Election Law

2005-05-26T16:19:00.000-07:00

Reprinted from NYTIMES.com

By ANNE E. KORNBLUT
Published: May 26, 2005
WASHINGTON, May 26 - In the first major legal decision involving associates of Representative Tom DeLay, a Texas judge ruled today that a political action committee formed by Mr. Delay had broken campaign finance laws as it propelled the Republican Party into power in the Texas House in 2002.

The decision in the civil lawsuit, brought by five defeated Democratic candidates, means the group's treasurer must pay nearly $200,000 to the plaintiffs. It does not directly implicate Mr. DeLay, the majority leader of the United States House of Representatives, of any wrongdoing; he was not named as a defendant in the case.

But the outcome marked an important symbolic victory for Mr. DeLay's critics, lending credence to allegations that his allies used illegal campaign finance tactics to expand the Republican majority.

Judge Joseph H. Hart, the senior district judge in the civil case, said in a letter to lawyers on both sides that Bill Ceverha, the treasurer of Texans for a Republican Majority, should have reported $532,333 in corporate donations that were spent illegally on campaign activities rather than for administrative purposes.

Until recently, Texas law allowed businesses to donate money for administrative expenses without reporting it to elections officials.

Mr. Ceverha will have to pay $196,660 as a result of the ruling, a sum that will be divided among the plaintiffs, all of them Democratic candidates for the legislature who were defeated by Republicans with support from the political committee.

A lawyer for Mr. Ceverha condemned the decision as "wrong" and promised to appeal, while aides to Mr. DeLay said the case offered further proof of his innocence.

"The decision doesn't mention Tom DeLay, which confirms that he really has no involvement in - and has never had any involvement in - that particular litigation," Bobby Burchfield, his outside counselor, said. "The implications are, I would think, fairly limited."

Lawyers for the plaintiffs said they were confident that the case laid the groundwork for Mr. DeLay's associates to be found liable in several other pending civil suits, and for them to be convicted in a related criminal trial.

"This was an important first step," said Cris Feldman, a lawyer for the Democratic plaintiffs.
The judgment was the latest development in a widening controversy involving Mr. DeLay. In addition to the inquiries into campaign finance violations in Texas - including a far-reaching criminal case that is still underway - Mr. DeLay is also being investigated by Congress for possible ethics violations involving overseas trips he accepted from lobbyists trying to influence him.

Mr. Ceverha's lawyers had argued that the group operated within complicated new campaign finance laws, and that all of the corporate contributions had been spent on administration, an argument the judge did not accept.

A portion of the civil case remains undecided while the criminal case is under way; charges that Mr. Ceverha and two other associates of Mr. DeLay conspired to evade campaign finance laws will be addressed once Ronnie Earle, the district attorney in Austin, concludes his grand jury inquiry.

"We feel strongly this decision is wrong," Terry L. Scarborough, the defendant's lawyer, said in a statement. "We will vigorously appeal this ruling immediately if Judge Hart allows us to do so. We feel confident that Judge Hart will sever this decision so that it can be appealed. Our client was exercising his constitutional rights of freedom of speech and freedom of association. These are the most fundamental constitutional rights that we, as citizens, enjoy and cherish."

Turn your television on - lets watch together

2005-05-26T15:48:00.000-07:00

Today is the first day of the rest of your life - what have you done with it and who have you helped. If tomorrow never came would you be comfortable with the state of affairs around you today? Lets get it started - Turn your television on!