May It Please The Court: Weblog of legal news and observations, including a quote of the day and daily updates
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1/26/2010 - Lawyer2Lawyer Internet Radio Goes To Court On The Supreme Court's Campaign Finance Ruling 1/19/2010 - Lawyer2Lawyer Internet Radio Digs Into The Earthquake Disaster In Haiti 1/14/2010 - Lawyer2Lawyer Internet Radio Meets The President-elect Of The American Bar Association 1/7/2010 - Lawyer2Lawyer Internet Radio Once Again Predicts The Future more... |
Quote of the Day - I could have done a lot more if I had the money. We really did a minimal campaign compared to some of what the others did.
Lawyer2Lawyer Internet Radio Goes To Court On The Supreme Court's Campaign Finance RulingAre Corporations Individuals? Do They Have The Same Rights?Last week in a 5-4 decision in the case of Citizens United v. Federal Election Commission, the Supreme Court ruled under the First Amendment that the government may not ban political spending by corporations and unions in candidate elections, radically changing campaign finance law. Please join me as I welcome Professor Ned Foley, Professor of Law at Ohio State University's Moritz College of Law and Professor Adam Winkler, Professor of Law at UCLA School of Law, to discuss this Supreme Court ruling and the impact this ruling will have on state, judicial and legislative elections. Give a click on the podcast icon below and give a listen to the analysis of this important decision.
Lawyer2Lawyer Internet Radio Digs Into The Earthquake Disaster In HaitiAnd The Massachusetts Election Of Scott Brown To Fill Ted Kennedy's SeatSeeing the people of Haiti suffer from the effects of a devastating earthquake is heart-wrenching. On this week's Lawyer2Lawyer, please join me as I welcome Attorney Brian Concannon Jr., Director of the Institute for Justice & Democracy in Haiti (IJDH) and Ben Hemingway, Deputy Director of Operations for the International Medical Corps, to discuss the enormous response by the medical profession and what lawyers are doing or can do to help. At the top of the show, I chat with Dan Rea, host of the radio talk show, NightSide on WBZ 1030 radio in Boston, about the historic election in Massachusetts.
Lawyer2Lawyer Internet Radio Meets The President-elect Of The American Bar AssociationA new year is upon us and the American Bar Association is carving out a new agenda with a new President. Please join me and my fellow attorney and co-host Bob Ambrogi as we welcome President-elect of the American Bar Association, Attorney Stephen N. Zack, to discuss his new role as President, the importance of civic education, inspiring our students through law and his fight for Hispanic rights. Give a click on the podcast icon below and give a listen!
Lawyer2Lawyer Internet Radio Once Again Predicts The Future2009 was a tumultuous year, filled with lows and highs. From the inauguration of President Obama and Captain Sullenberger's miraculous landing on the Hudson to layoffs and cutbacks in the legal community and the passing of Senator Ted Kennedy. On this week's Lawyer2Lawyer, please join my fellow co-host and attorney, Bob Ambrogi, who talks to returning guest, Attorney Stephen L. Kaplan, principal in the law firm of Hicks, Mims, Kaplan & Burns, to reflect on 2009 and look ahead to the new year of 2010 and a new decade! Give a click on the podcast icon below to listen to this interesting show!
Lawyer2Lawyer Internet Radio Goes To The Adoption CourtroomAdoption does not only affect the families involved for a lifetime, but also the lawyers and judges who oversee the process. On this week's Lawyer2Lawyer, my co-host and fellow attorney, Bob Ambrogi, welcome Attorney Kathleen Hogan Morrison and Judge Bettina Borders, First Justice out of Bristol County, Massachusetts, to discuss the joy of adoption, the process and the work of attorneys and judges who complete the circle of bringing families together. Give a click on the podcast icon below and give a listen!
Lawyer2Lawyer Internet Radio Dips Into The Holiday Gift-giving SpiritThe holiday season is upon us-and we would like to wish all our listeners out there a happy holiday! On this week's Lawyer2Lawyer, we will celebrate the holidays by spotlighting three very special attorneys who are spreading some holiday cheer in some shape or form this holiday season! Please join me and my fellow attorneys and co-host Bob Ambrogi as we welcome Attorney Larry Savell from the law firm of Chadbourne & Parke LLP, to talk about his new album, Season's Briefings from the LawTunes. In addition, Bob and I invite Attorney Reid Trautz of ReidMyBlog.com fame to share his gift ideas with his The 2009 Holiday Gift Guide for Lawyers and Attorney Lisa Solomon, Co-founder of The Billable Hour Company, to talk about her one-of-a-kind gifts and greeting cards for legal professionals. Click on the podcast icon below and give a listen!
We Didn't Start The FireJames Madison University Commencement Speech December 12, 2009Several regular readers found out that I gave the commencement speech at James Madision University this past Saturday for the December graduation and have asked me to post a copy of my speech. Here it is: This is a historic moment. I've checked and done my research and I can say with conviction that this is the first time that anyone from Virginia has asked anyone from California what they think about anything. But you should know that I am sympathetic to your plight. 30 years ago in 1979, I sat in your seats. I listened to the commencement speaker and like you, all I wanted to do was get out of here and on to the party. Just give me that piece of paper and let me be on my way. Unfortunately, I can't remember what my commencement speaker said. I hope to do better today even though I know the last thing you want to do is sit there and listen to what I have to say. The good news is that I will talk for no more than 15 minutes. The bad news is that I will talk for no more than 15 minutes. I want to talk with you today about the past... and the future. My generation's past and your future. My generation over the last thirty years has fought the fire that has been burning in all corners of the world, but I'm sorry to report that we've left you with a roaring bonfire. We've got a war in Afghanistan, a war in Iraq and North Korea launching missiles at who knows what. We've got the worst economic recession since the great depression that happened back when my father was born. We've not done well with the environment either. You're inheriting some kind of global warming problem and we're still trying to clean up those 11 million gallons of crude oil we dumped in Alaska from the Exxon Valdez. The year before most of you were born a Russian nuclear plant at Chernobyl melted down and left the worst radioactive disaster in history. We haven't done much better when we've reached for the stars. Although we invented the Space Shuttle, we blew up two of them and lost fourteen astronauts, although that was not the first loss of life in the space program. We also flew a $90 million spaceship right past Mars instead of landing there. Health issues are another failure of our generation. Aids came into being. Mad Cow disease was discovered. We thought we would eradicate hunger - at least Henry Kissinger told us that - but we failed. Terrorism has came into full swing with Al Qaeda, suicide bombers and the first attack on American soil since World War II in 1941. We've also had one of our own citizens attack the Federal Building in Oklahoma City. Sadly, we lost Princess Diana from the throne and the world. And in an all-time low, we gave you OJ Simpson. And finally, if all of that weren't enough, we've managed to squeeze 6 billion people onto this tiny little planet that's running out of room. On the other hand, we've managed to put out a few of the fires...and they are no small accomplishments. We eradicated small pox. We've given you the Hubble space telescope, we successfully sent a spaceship all the way out to Neptune, we launched a privately owned space vehicle into space. On the second try, we landed a vehicle on Mars. The woman who ran the second Mars program, Michelle Judd, is a friend of mine and the high school classmate of the woman interpreting my speech into American Sign Language, Chris Bartley, herself considered one of the finest interpreters in the country. But I'm getting off-track. We took down the Berlin wall, reopened a city and reunited a country. We ended the cold war and have done more to reduce nuclear arms than the prior generation. We ended the war in Ireland and dismantled the Irish Republican Army. We invented the internet, cell phones, DVD's, video cameras, compact disks, cable TV, and <pause> for all you guys out there; big screen TV's. We implanted the first permanent artificial heart and we're in the process of curing cancer. And finally, we gave you television that started out as an experiment Sesame Street, Star Trek, the book and movie series Harry Potter, a decent version of the Lord of the Rings trilogy on the big screen, and American Idol. As Billy Joel said in his song: "We didn't start the fire, It was always burning, Since the world's been turning.
We didn't start the fire, No, we didn't light it, But we tired to fight it."
We've done a halfway job of fighting it. We've made mistakes, but we've also made some huge strides. In what I consider to be our biggest accomplishment with the greatest potential for your future, we made the world's knowledge available to everyone through the Internet. It's the great equalizer. Everyone can accomplish anything. Achievements & accomplishments mean different things to different people. For me, graduating from the school of communication arts here at JMU, success may have meant to become a lawyer or law professor, getting a writing award from the LA Press Club & publishing two books. For others, it may mean living simply like my daughter growing organic crops and selling them in her local community. Or something entirely different like being a ski instructor or a scuba instructor or someone who just rides a Harley around. Or something like becoming one of the best sign language interpreters in the country. Now let's pause here for a moment and change the focus from my past instead to your future. What are you going to accomplish? I'm not talking about the royal you - the "YOU" collectively. I'm asking you. Each of you, individually - Are you making plans or just wandering? A man better known to my generation, John Lennon, who was one of the Beatles said, "Life is what happens to you while you're busy making other plans." Instead, I want you to make a difference and decide to move forward BEFORE life starts just to happen to you. I want to pass along two pieces of advice that I've received from dear friends who knew I would be talking with you today. It's the same advice I've given my daughter as she travels along life's path. First, choose where you want to live . Then, choose the job you want and go get it. As long as you love what you're doing, you will never work a day in your life. In your life, be passionate. Demand excellence. In love, in friendship, in your life's work, in your life's play keep it all in balance. No one on their death bed ever said, "I should have spent more time at the office." Instead, spend time with your friends, your family, your spouse, your lover. Be spontaneous. Take risks. Travel. Expand your universe until you explode your mind. Now let's think about what it is you can do to make the world a better place. As deep as the oceans are and as endless as stars are, there are opportunities available to you. - Much of the ocean floor remains uncharted. - We need wind, solar power and renewable energy. - We need to improve trade among nations. Countries need to provide banking services and financing for their citizens and businesses. -We need to feed the world and improve nutrition. - We need to educate the citizens of the world. - Immunizations need to be distributed and medical care needs to be more than just a public option here in the US. - We need to put an end to violence around the world, especially in the Middle East. - We need to provide sanitation and clean water to the countries where it is not available. But there's one part left that my generation is going to ask of your generation. Remember when I asked you what you intended to accomplish? What did you think of? What did you decide? GOT IT..? Now, stand up. Turn to your neighbor - the one you don't know because you're in A to Z order and never took a class with. Tell your neighbor what you plan to do to make this world a better place. Exchange emails - 30 years from now, follow up with each other and see how you did. Make a new friend today and hold each other accountable. Before I wrap up this talk, I've chronicled for you two lists - my generation's failures and successes. You, your parents and grandparents may have different things you'd add to both of those lists because we all remember those events differently. And your generation - unless you're a history major here - think of it as the dark ages. What we don't know, though, is what will happen next and how you and your generation will deal with whatever comes your way. Will you turn a disaster into an opportunity or crumble under its weight? Will you invent things that will change the world? Will you save our precious planet or destroy it? What will you do? I believe - along with everyone else on this podium, your professors - just like your parents, family and friends - that you can do anything if your simply try and put forth your best efforts. In a manner of speaking, you can light the world on fire. But at the same time, I want to warn you that your diploma is on fire too, an entirely different kind of fire - one on fire with the world's problems - that you have to put out. There's a lot left for you to handle. We know that you didn't light that fire, and my generation didn't either, but like me, you can pitch in and help fight the flames. Now, go make a difference and make the world a better place. - but first, come and get your diploma. You've earned it. Congratulations and go Fight the Fire..!
Lawyer2Lawyer Internet Radio Turns To The Homelessness CrisisAs we come to the end of a tough economic year, we take note of some of the effects of the recession, one of which is homelessness on the rise. Please join me and my fellow attorney and co-host Bob Ambrogi as we welcome Attorney Steve Binder, a deputy public defender with the San Diego Office of the Public Defender and founder of the Homeless Court Program and Attorney Maria Foscarinis, founder and executive director of the National Law Center on Homelessness & Poverty, to discuss the issues, including the jobless rate impact and the legal requirements of cities and towns to cope with homelessness. To Donate: Veterans Village of San Diego (VVSD) Click on the podcast icon below and give a listen!
Lawyer2Lawyer Internet Radio Investigates Tiger Woods' MulliganGolf pro Tiger Woods suffered injuries in a car crash in his own car near his home, igniting a media frenzy and a lot of public attention with speculation swirling about his public image, along with allegations of an affair. Please join me as I welcome Attorney Joshua P. Galper, partner in Orrick, Herrington & Sutcliffe's Washington, D.C., office and Richard T. Karcher, Director of the Center for Law and Sports at Florida Coastal School of Law, to discuss the legal issues, privacy rights, the impact on endorsement contracts and ultimately Tiger Woods' public image. Give a click on the podcast icon below and give a listen!
Lawyer2Lawyer Internet Radio Basks In The Thanksgiving Glow Of Helping OthersThanksgiving is a time when we're all reminded to be thankful for what we have and to think about those less fortunate than ourselves...especially this year in this economy, please join my co-host and fellow attorney Bob Ambrogi as Lawyer2Lawyer welcomes Elizabeth M. Lynch, Executive Director, of the Massachusetts Bar Foundation, Scott Inman, Senior Corporate Relations Manager at the Home for Little Wanderers and Attorney Neal J. Philip, Chairperson of the Board of Directors of Lawyers Helping Hungry Children, to talk about their organizations and helping those in need, not only during the holidays but year round. Give a click on the podcast button below and give a listen!
Lawyer2Lawyer Internet Radio Puts The New York Terror Trial To The TestThe admitted mastermind behind the 9/11 attacks, Khalid Sheikh Mohammed and four other suspects will head to New York City, blocks from Ground Zero, to face a federal trial in civilian court and it is creating quite the controversy. On this week's Lawyer2Lawyer, please join me and my fellow co-host and attorney, Bob Ambrogi as we welcome Attorney Tara L. Murray, U.S. Counsel for Reprieve and Gregory S. McNeal, a visiting assistant professor of law at Penn State's Dickinson School of Law, to discuss this controversial federal trial in a NY civilian court, the ongoing legal work in Guantanamo and ultimately the closing of Guantanamo. Give a click on the podcast icon below and give a listen!
Lawyer2Lawyer Internet Radio Looks At The New California Civil Gideon Law"Civil Gideon" is now law in the state of California providing counsel to those who cannot afford an attorney in civil cases, predominantly child custody cases and foreclosures. On Lawyer2Lawyer, my co-host and fellow attorney, Bob Ambrogi, welcomes Attorney Robert L. Rothman, partner of the firm Arnall Golden Gregory LLP and Attorney James J. Brosnahan, senior partner with Morrison & Foerster and member of the California Commission on Access to Justice, to take a look at the impact of this new law in California and how it could potentially change the legal system nationwide. Give a click on the podcast icon below and give a listen!
Lawyer2Lawyer Internet Radio Seizes Emails Under The Fourth AmendmentThe Fourth Amendment of the Constitution gives us protection against unreasonable searches and seizures. But what about a search of your email - is it afforded the same protection? {Please join me and my fellow co-host and attorney Bob Ambrogi as we welcome Orin S. Kerr , Professor of Law at the George Washington University Law School and Jason Paroff Esq., Director of Computer Forensics Operations with the ESI Consulting practice at Kroll Ontrack to look at the recent opinion handed down by U.S. District Judge Mosman with respect to the Fourth Amendment and email along with our experts' look at what can be retrieved and used in court when it comes to email. Click on the icon below and give a listen!
Lawyer2Lawyer Internet Radio Reviews The Birth Control LitigationBayer HealthCare Pharmaceuticals is facing a growing number of lawsuits claiming that the company concealed the health risks associated with the top-selling birth control pills Yaz and Yasmin. Please join me and my fellow attorney, Law.com blogger and co-host Bob Ambrogi as we welcome Attorney Mike Danko from the Danko Law Firm and James T. O'Reilly, Professor of Law at University of Cincinnati College of Law, to a look at the basis for the litigation, the reported side affects, the FDA's role, Bayer's continued marketing campaign and the federal lawsuit against the makers of Yaz & Yasmin. Click on the link below and give a listen!
Lawyer2Lawyer Internet Radio Employs New York Law For Rate Of Pay IssuesEffective October 26, 2009, amended New York Labor Law: Section 195 will require employers to provide written notification to their employees, at the time of hiring, of their rate of pay and obtain a written acknowledgment from each employee of the receipt of this written notice. Please join me as I welcome Attorney Charles H. Kaplan, Partner in the New York office of my law firm, Sedgwick, Detert, Moran & Arnold LLP and Barbara S. Mehlsack, Esq., Partner in the New York firm of Gorlick Kravitz & Listhaus, P.C. to get two perspectives on amended New York Labor Law: Section 195, compliance and what this newly amended law means for New York employers as well as their employees, and the start of a nationwide trend.
Lawyer2Lawyer Internet Radio Talks About The FTC's Regulation of Bloggers And AdvertisersAttention bloggers: The Federal Trade Commission approved new Web guidelines pertaining to "Guides Concerning the Use of Endorsements and Testimonials in Advertising." The FTC wants bloggers to disclose free products or payments they have received from companies for reviewing their products. Please join me and my fellow co-host, attorney and Law.com blogger Bob Ambrogi as we welcome Attorney Eric P. Robinson, Staff Attorney at the Media Law Resource Center and Attorney Barry J. Reingold, partner in the Washington D.C. office of Perkins Coie, as we clarify the FTC's new guidelines, look at the ethics of blogging, blogger abuse and how these new guidelines will impact the blogosphere. Give a click on the link below and give a listen.
Lawyer2Lawyer Internet Radio Goes Behind The Coal-fired Utilities QuestionIn a landmark decision in Connecticut v. American Electric Power Co. Inc., the Second Circuit Court of Appeals sided with a group of eight states, the City of New York and various environmental groups, who had filed a public nuisance lawsuit against five of the nation's biggest coal-burning utilities. Please join me and my fellow attorney, co-host and Law.com blogger Bob Ambrogi as we welcome Attorney Matthew F. Pawa from Law Offices of Matthew F. Pawa, P.C. and Attorney Thomas J. Heiden, partner in the Chicago office of Latham & Watkins, to dissect Connecticut v. AEP, get reaction from both sides of this landmark case and how this decision will impact power companies, as well as future environmental litigation.
Lawyer2Lawyer Internet Radio Flags Down The Red Flags RuleThe American Bar Association filed suit against the Federal Trade Commission after it applied the Red Flags Rule to lawyers, leaving the legal communirty reeling. Please join me and my fellow Law.com blogger, attorney and co-host Bob Ambrogi as we welcome Attorney Andrew M. Smith, Partner at the Washington DC office of Morrison & Foerster and chair of the American Bar Association's Red Flags Task Force and privacy expert Attorney Mari J. Frank to spotlight the Red Flags Rule. We will take a look at the controversial Red Flags Rule, the suit filed by the ABA, and how this rule could ultimately affect the legal community. Click on the link below and give a listen.
Lawyer2Lawyer Internet Radio Enters The Great Health Care DebateWhen the issue of medical liability reform came up in President Obama's speech on Health Care reform in front of Congress, it was met with boos from Democrats and a standing ovation from Republicans. Please join me and my fellow Law.com blogger and co-host Bob Ambrogi as we welcome medical malpractice reform expert, Professor Stephan Landsman the Robert A. Clifford Chair in Tort Law and Social Policy from DePaul University College of Law and Darren McKinney, Director of Communications from the American Tort Reform Association to look at both sides of medical liability reform as the debate plays out for trial attorneys and the medical profession. Give a click on the podcast link below and give a listen!
Lawyer2Lawyer Internet Radio Talks With The ABA's Legal Rebels TourWith a legal community today that is embracing technology and new media that we're all too familiar with here at Legal Talk Network, our friends and colleagues in print media are turning to new media to expand and reach a growing audience. Please join me and my fellow Law.com bloger and co-host Bob Ambrogi as we welcome the ABA Journal's editor, Edward A. Adams, and Rachael M. Zahorsky, legal affairs writer for the ABA Journal, to give you an inside look at the ABA Journal's latest venture, The Legal Rebels Project. We explore the transition to new media, how lawyers and law firms are reinventing themselves in the current economy and take a look at life on the road on the Legal Rebels Tour '09. Give a click on the link below to listen in.
Lawyer2Lawyer Internet Radio Goes Back To The New Law SchoolIt's back to school and many law students face a new curriculum, the large workload and the hefty price of tuition. But University of California, Irvine School of Law stands out with a new agenda, creating a hands-on approach to law school, a concentration in public service and free tuition for their inaugural class through donations. Please join me and my fellow Law.com blogger and co-host Bob Ambrogi as we welcome Dean Erwin Chemerinsky, Founding Dean and Distinguished Professor at UCI Law, to chat about his new venture, the new approach to law school, students and what lies ahead. Give a click on the icon below and listen in to our conversation.
Lawyer2Lawyer Internet Radio Goes A Second Round On Credit Card DisputesIn part one of Credit Card Consumers & Arbitration, me and my co-host Bob Ambrogi discussed consumer rights and mandatory arbitration used when a dispute between the credit card holder and the credit card company arises. In part two, we welcome back Attorney Deepak Gupta, staff attorney at Public Citizen Litigation Group and Attorney Alan Kaplinsky, senior partner at the firm, Ballard Spahr Andrews and Ingersoll, to discuss the Arbitration Fairness Act, what's next in arbitration and add their insight to the already lively discussion on this controversial topic. Click on the link below and give a listen.
Lawyer2Lawyer Internet Radio Racks Up The Charges On The Credit Card DisputesMandatory arbitration in credit card agreements are in the legal spotlight again after the Minnesota Attorney General recently sued the largest national arbitration firm, National Arbitration Forum. That resulted in a settlement shutting down part of NAF's business and has raised questions about the outcomes of arbitration versus action in civil court for consumers. Please join me and my fellow Law.com blogger and Lawer2Lawyer co-host Bob Ambrogi as we call on experts on both sides of this controversy, Attorney Deepak Gupta from Public Citizen Litigation Group, who focuses on consumer rights and Attorney Alan Kaplinsky, senior partner at Ballard Spahr Andrews and Ingersoll in Philadelphia, who pioneered the use of pre-dispute arbitration.
Court Validates Government's Right To Require Federal Contractors To Use Online System To Verify Employment Eligibility of New HiresFederal contractors must start using the federal government's online E-Verify electronic program to verify the immigration eligibility for newly hired and current employees as of September 8, 2009. The United States Chamber of Commerce and a number of other plaintiffs challenged the directive that implemented this program, first issued under Presidential Executive Order 13464 by former President George Bush and subsequently implemented by President Barack Obama. In a court opinion issued August 26, 2009, the United States District Court for the District of Maryland, Southern Division, overruled the Chamber of Commerce and upheld the presidential directive to use the electronic system instead of the current paper-based Form I-9 system. The I-9 Form expired June 30, 3009, but remains valid to use for other employers. The E-Verify program, administered by the Department of Homeland Security in partnership with the Social Security Administration, is required for all federal prime contracts in excess of $100,000 and all subcontracts in excess of $3,000 for new contracts awarded after September 8, 2009. The directive also applies to all current employees working on an existing federal contract that falls within these monetary guidelines once the contract is amended to include an E-Verify clause. The online, electronic system is voluntary for all other employers, public and private. Additional information about E-Verify is available on the United States Citizenship and Immigration Service's website in its frequently asked questions section. The USCIS is a division of the Department of Homeland Security. According to the website, "Based on the information provided by the employee on his or her Form I-9, E-Verify checks this information electronically against records contained in DHS and Social Security Administration databases."
Lawyer2Lawyer Internet Radio Crosses The AgesWhy retire? So says Attorney Jack Borden, who is in his law office at 6:30 every morning, doing what he loves - practicing law. Recently, Borden celebrated his 101st birthday, being named ‘America's Outstanding Oldest Worker for 2009,' by Experience Works. Now he is the special guest on this edition of Lawyer2Lawyer, so please join me and my fellow Law.com blogger and co-host Bob Ambrogi , who discuss the gamut with Borden, senior partner at Borden & Westhoff, LLP. Hear his vivid stories from the past century about the legal profession, tips for young lawyers and his secret to longevity.
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