Feeds:
Posts
Comments

Posts Tagged ‘Kim Kardashian’

From the random notebook:

Presidential Pardons

The media has done a poor job in my opinion of explaining the Presidential Pardon power. First, it’s not unlimited. Second, it doesn’t extend to state crimes. (I won’t delve into whether or not a president can pardon himself notwithstanding President Trump’s claims that he can — other than to remark it’s open to constitutional interpretation depending on the legal eagle [or beagle] you ask). That said, under Article II, Section 2, Clause 1 of the U.S. Constitution, the president has the “power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”

The U.S. Supreme Court affirmed the presidential pardon power in ex parte Garland, an 1866 case involving an Arkansas attorney who had served in the Confederate Congress and was thereafter refused admission to practice in the Supreme Court because he couldn’t [or wouldn’t] swear a Congressionally mandated loyalty oath. President Andrew Johnson gave Garland “full pardon and amnesty.” The question then became whether the bar admission law passed by Congress infringed on the president’s pardon power.

The Court ruled in Garland’s favor, declaring the president’s pardon power “extends to every offense known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment.” Also see “Presidential Pardons – ABA Legal Fact Check – American Bar Association” and “Trump can dodge federal crimes with pardons — but not state law.”

The other Kim.

https://upload.wikimedia.org/wikipedia/commons/thumb/9/95/Kim_Kardashian_2%2C_2012.jpg/164px-Kim_Kardashian_2%2C_2012.jpgWith President Trump pardoning the famous like Jack Johnson; the not-so-famous like conservative author and filmmaker Dinesh D’Souza; and possibly, the infamous, including former Illinois Gov. Rod Blagojevich, along with other assorted unmentionables the media has repeatedly failed to differentiate that those pardons involve federal crimes not state ones. ‘Blago,’ for instance, was convicted of federal corruption charges and it’s still uncertain whether he gets the nod. The president can’t pardon people convicted of offenses against the states.

So more recently when the other Kim got President Trump’s ear resulting in a sentence commutation for 63-year-old Alice Marie Johnson serving life in prison for a nonviolent drug conviction — the failure to clarify reared itself again. Just the same, good for Kim Kardashian West. But in the reality television world I can’t pinch myself awake from, it’s still important to keep the facts clear and straight.

Two more thoughts on mandatory bars.

https://cdn.morguefile.com/imageData/public/files/c/cyblor/01/l/1357158058o4ylu.jpgWhen fighting for legislative reforms of mandatory bar associations, there’s one bromide favored above all others by those opposed to even the slightest stirring of the legal establishment sacred cow. It’s the bunkum, “Why fix it, if it ain’t broke.”

Up until last week, I hadn’t heard as good a retort as the one favored by the late Ella Brennan. “Miss Ella” who died May 31 at age 92 was the famed New Orleans restaurateur whose crown jewel was Commander’s Palace. I dined there once and have to say it deserved every accolade. In an obituary in the Wall Street Journal this past weekend, mention was made of Brennan’s passion for learning, brainstorming and continual improvement encapsulated in what the paper declared was “one of her favorite maxims: ‘If it ain’t broke, fix it anyway.'”

The other thought I was struck by recently was a line in cultural and political commentator Jonah Goldberg’s June 1st installment, “Great Oaks Have Deep Roots,” in National Review. Among various topics, Goldberg reflected on the excesses of the Right and Left and “alienation from politics” while deconstructing what he said were public policy ends. The second point of his “three-point plan” resonated with me because it epitomizes what’s wrong generally with mandatory bar elites, particularly those of late running the Nevada State Bar.

“Second, we need a lot less nationalism (for want of a better term),” wrote Goldberg. “What I mean by that is that the federal government and various national elites need to stop thinking that the whole country needs to think and act in one way.” [emphasis added] This state-mandated one way thought and action is precisely what elites at mandatory bars like Nevada’s need to stop doing. Stop thinking that their state’s lawyers need “to think and act in one way.” What’s worse, of course, is that the one way is the one that they ordain.

You won’t find better examples of this holier-than-thou monistic my way-or-the-highway arrogance than in the last two “Messages From The President” in the May 2018 and June 2018 editions of the bar’s uninspiring house organ, Nevada Lawyer.

__________________________________________________________________________________________________________________________________________

It’s been awhile but below are the latest updated FREE CLE listings provided again with the usual disclaimers about content quality, continued availability, and jurisdictional creditworthiness.

FREE CLE

Collecting Responsive ESI from Difficult Places – June 20th, 12:00pm CT

by CloudNine on 5/31/2018

This CLE-approved* webcast will discuss what lawyers need to know about the various sources of ESI today, examples of how those sources of data can be responsive to litigations and investigations, and how lawyers may be able to collect much of this data today using intuitive applications and simple approaches.

Presented by:

William J. Kane, Director of the New Jersey Lawyers Assistance Program

Nancy Stek, Associate Director of the New Jersey Lawyers and New Jersey Judges Assistance Programs

From Distressed to De-Stressed

Presented by:

William J. Kane, Director of the New Jersey Lawyers Assistance Program

Nancy Stek, Associate Director of the New Jersey Lawyers and New Jersey Judges Assistance Programs.

_________________________________________________________________________________________________________________________

Lexis Nexis University

Blowing Smoke: Managing New Risks in the Workplace

  • Class Type: Virtual Training
  • Time: 12:00pm – 1:00pm EDT
  • Dates: 06/15/2018

Blowing Smoke: Managing New Risks in the Workplace

  • Class Type: Virtual Training
  • Time: 12:00pm – 1:00pm EDT
  • Dates: 07/13/2018

________________________________________________________________________________________________________________________________

Franczek Radelet

Webinar: Responding to Sexual Harassment in Schools

“In light of the #metoo movement and the current news coverage of high profile sexual harassment cases, we addressed the issue of sexual harassment as it applies to elementary and secondary schools. Specifically, we: (i) discussed the general obligation of a school district to respond to harassment claims by employees and students; (ii) offered an overview of state laws regarding sexual harassment policies, including the recently enacted Public Act 554 reported on here; and (iii) provided a checklist of action items schools and school districts should take to ensure they are prepared to properly respond to sexual harassment claims. Download the presentation here and watch the recording here. ”

_____________________________________________________________________________________________________________________________________

Fowler School of Law – Chapman University

“The school of law has certified several webcast archives for “self study” credit. Those webcasts marked with an “MCLE” notation will qualify for non-participatory “self study” MCLE for California attorneys for the amount of credit listed. Each webcast counts as general MCLE and does not count for special credit in any subject matter or required topic unless noted.”
https://www.chapman.edu/law/academic-programs/continuing-education.aspx

___________________________________________________________

Credits: Trump, by DonkeyHotey at Flickr via Creative Commons Attribution License; Kim Kardashian by Eva Rinaldi, Wikimedia Commons, via Flickr Creative Commons Attribution License; cow by cyblor, morguefile.com.

Advertisements

Read Full Post »

https://upload.wikimedia.org/wikipedia/commons/thumb/5/57/Kennedy-bodyslams-Holly%2C-RLA-Melb-10.11.2007.jpg/399px-Kennedy-bodyslams-Holly%2C-RLA-Melb-10.11.2007.jpg

Photo by, John O’Neill, Creative Commons Attribution-Share Alike 3.0 Unported license

A scathing state auditor’s report released last month body slammed the State Bar of California for rushing disciplinary cases to shorten a longstanding and growing backlog; for settling cases with less severity; and for going $50 million over-budget for a building renovation. The report went on to say the Cal Bar “has not consistently protected the public through its attorney discipline process and lacks accountability.” See “Auditor blasts State Bar for inconsistent discipline of bad lawyers, shoddy finances.”

To the surprise of no one, the Cal Bar accepted the auditor’s findings and even unconvincingly claimed to have already been working on the problems — “before the audit began.” Right! And I was going on a diet when they caught me eating that pint of ice cream.

This is the same state bar Arizona Supreme Court’s on State Bar Mission and Governance inexplicably opted to consult about reforming its governance structure. Sure the California Bar was ordered by the state legislature in 2010 to create a Governance in the Public Interest Task Force. And sure that task force was charged with recommending ways to “improve the existing system so as to best advance the goals of ensuring public protection.” But why would anyone think the California Bar’s ‘reforms’ were an exemplar worth studying?

https://i1.wp.com/5.kicksonfire.net/wp-content/uploads/2015/07/Seinfeld-Newman.gifWhen I heard about it, I thought it was risibly ridiculous that Arizona’s Task Force would look to the bar bureaucrats next door for insights on structural governance reform. Only an out-of-touch legal establishment with blinders on like Arizona’s would come up with that brainstorm. That’s like asking Kim Kardashian about modesty or Donald Trump about hairdos.

A dysfunctional mess.

Stressed businessman

“A consultant is a guy with gray hair so he can appear distinguished and hemorrhoids so he can look concerned.” – Malcolm Berko

For some 30 years — and longer, the California State Bar has been a dysfunctional and deservedly criticized bureaucratic mess. No matter that California Bar leaders have paid lip service to reform for years. The criticisms are legion. In 1997, then-California Gov. Pete Wilson vetoed a two-year fee authorization for the California State Bar because its actions had confirmed the charges of disgruntled members who characterized the bar as “bloated, arrogant, oblivious and unresponsive.”

An earlier audit in 2009 was critical of the Cal Bar over“negotiated salary increases over the past five years, an increase of $12 million in the operation of the discipline system — roughly 5 percent per year — while the number of inquiries declined.” And this was also the time period when unbelievably, a former Bar employee embezzled nearly $676,000 while no one was evidently minding the store. No wonder then-Governor Arnold Schwarzenegger vetoed legislation that allowed the Bar to collect its annual dues.

So this latest critical audit report is no surprise to longtime Cal Bar watchers. One inveterate and knowledgeable critic, the legal ethicist and law professor, Richard Zitrin, even lauds the legislative oversight of the Bar — something some Arizona lawyers gag on as anathema. I’m personally glad that the legislature has a say-so over the bar. Many of the reforms to the legal system that benefit the public came from the legislature, while the bar has repeatedly protected itself rather than the public,” Zitrin commented at the Legal Ethics Forum Blog.

Office Stress 92As for Arizona Court’s Task Force, there’s more embarrassment. Just months after the Task Force consulted with the California Bar’s then-Executive Director Joseph Dunn and per the meeting minutes, not long after Dunn told Task Force members about the Cal Bar’s reforms and how the board was “less contentious” and now “unified” and how the organization was “more focused, professional, and collegial” — Dunn was fired. I guess he didn’t see that one coming.

But at least the Arizona Task Force gave Dunn a round of applause for his presentation. So much for Dunn’s happy Kumbaya talk about the “proactive” California Bar and how its reforms are “the best thing that’s ever happened to the bar.”

People 6043Indeed, according to a Los Angeles Times story, “Accusations fly as State Bar of California leader Joe Dunn fights ouster, the California Bar is “once again beset with conflict, riddled with accusations involving expense accounts and ethics.” Nothing new to longtime critics of the California Bar. One California law professor told the newspaper, “The bar is just further descending into a banana republic. It is totally dysfunctional and should be unraveled.”

And since Dunn, a former state senator and trial lawyer, is not a man to take termination lying down, he is fighting back in the court of public opinion and in county superior court. He filed suit on November 13, 2014 alleging wrongful termination and claimed whistleblower liability and retaliation for allegedly reporting illegal activities and ethical breaches by high-ranking Cal Bar officials. Also see “Five things to know about the State Bar dustup with former director.”

Busy Business Women 40Too bad the Arizona Task Force was so clueless about their next-door neighbors. Otherwise, it might have refrained from a Golden State consultation or ironically enough, according to its latest list of reform recommendations, from mirroring many of the same milquetoast ‘reforms’ adopted by the California Task Force. These underwhelmingly include maintaining compulsory membership; reducing the size of the governing board; changing the board’s name from “governors” to “trustees;” and adding new qualifications, term limits and related procedures.

Then again the legal elites around here don’t have to worry about independent state audits.

Read Full Post »

Boy with his hands on his face uidCertain things will remain eternal mysteries to me. Take, for instance, the tension between free will, predestination and an omniscient God — concerns that first troubled me as a parochial school boy.

My smart mouth annoyed the nuns no end not least when I posed the conundrum of our supposed unfettered will versus God’s infallible foreknowledge.

In religion class, I raised my hand and asked Sister Estelle, “If God knows and sees everything, including what we’re going to do — how is it we’re supposed to have free will?”

photo

Sister Estelle’s answer was “To have faith,” which of course, was as much an explanation as J. M. Barrie in Peter Pan explaining that “All the world is made of faith, and trust, and pixie dust.” Not till much later did I find infinitely more solace and satisfaction from Alexander Jablokov’s pithy “The road to truth is long, and lined the entire way with annoying bastards.”

Speaking of which, I will continue scratching my furry head over people’s fascination with all things Kardashian, especially the recent tabloid headlines that the congenitally protuberant but now excusably pregnant Kim is allegedly tipping the scales at 205 plus lbs. Why is this news? Better yet, “Who cares?’ Of considerably greater interest has always been Kardashian paterfamilias and O.J. Simpson attorney, the late Robert Kardashian and the answer to the question, “What was Robert Kardashian carrying in that bulging Louis Vitton garment bag?” Hmmm, what’s the more substantive Kardashian inquiry? Binging on sweets or bloody clothes and a knife? Also see “Background Facts on O.J. Simpson Case . . . .” FREE CLE.

photo

“The best things in life make you sweaty.” Edgar Allan Poe

Fortunately, not all life is a mystery. We don’t have to worry our pointy, pretty little heads, for example, over one thing and that’s that I will continue posting on FREE CLE. The latest roundup follows:

_______________________________________________________________

Downloadable Webinars – Upchurch Watson White & Max

A dozen complimentary CLE programs on alternative dispute resolution for Florida CLE Credit.  Presented by Upchurch, Watson, White & Max, a Florida and Alabama based professional association of mediators. ________________________________________________________________ Practising Law Insitute (PLI) Violence Against Women Act 2013 April 29, 2013, 1-2pm ET

Violence Against Women Act 2013 (Audio-only)

  • The history of VAWA
  • Expanded protections under VAWA 2013
  • Immigration Provisions of VAWA 2013

Supreme Court’s 2012 Blockbuster Term: Review of  Major Cases –

(Audio-only)

May 2, 2013, 1:00 pm – 2:00 pm (E.D.T.) Dean and law professor Erwin Chemerinsky reviews the major cases from the October Term 2012 docket, including:  

  • Maryland v. King
  • Fisher v. University of Texas, Austin
  • Shelby County, Alabama v. Holder
  • Hollingsworth v. Perry
  • United States v. Windsor
  • Kiobel v. Royal Dutch Petroleum

______________________________________________________________ https://i0.wp.com/upload.wikimedia.org/wikipedia/commons/thumb/6/64/Nuremberg_Trials_retouched.jpg/312px-Nuremberg_Trials_retouched.jpgCourtesy of a tip from a Wisconsin lawyer friend who earned 3 continuing legal education credit hours for the following: “Eichmann Prosecutor Interview: A Conversation with Justice Gabriel Bach, Senior Prosecutor in the Adolf Eichmann Trial.” Eichmann Prosecutor Interview Frank Tuerkheimer Law Professor Emeritus University of Wisconsin Wisconsin lawyers will likely have to submit a request for CLE credit via CLE Form 2 – Wisconsin Court System. ______________________________________________________________

Webinar – Attorney Protective

Title: Great Procedures to Reduce Risk
Date: Wednesday, May 22, 2013
Time: 1:00 PM – 2:00 PM EST

Reserve your Webinar seat now at: https://www1.gotomeeting.com/register/436025096 _____________________________________________________________

animals,canines,collars,creatures,dogs,leashes,mammals,nature,pets,running

ARDC, “Illinois Attorney Registration & Disciplinary Commission”

______________________________________________________________

  • 1.2 Credits (General)

“This free CLE course will give you the ability to streamline your office technology, increase your billable hours and increase firm productivity overall.” Download Rekall Course Materials (PDF)

“This free CLE course gives you all the successful technologies that you need to work with in order to fulfill your ethical obligation to your clients, your colleagues, and the court. We explain the relationship between technology and ethics and show you ethical technology solutions and less ethical options for you law firm, we also explain possible consequences when working with less ethical technologies and client data information.” Download Rekall Course Materials (PDF) ______________________________________________________________ Photo Credits: “Edgar Allan Poe Pop Art, ” by Chelsea Daniele at Flickr via Creative Commons-license requiring attribution;”How many nuns does it take to change a light bulb?” by kevin dooley at Flickr via Creative Commons-license requiring attribution; “Nuremberg Trials,” Wikipedia Commons, public domain.

Read Full Post »