The struggle between the public's right to know and concealment of wrong claiming secrecy is not just an isolated problem, but rather one which is pervasive and growing. The government of the UK has asked for a law which would operate in civil proceedings involving a case against the government where it claims national security is involved. In defending these cases the government wants a law which would allow it to put evidence before a judge in the absence of…
I have to admit I never thought the outcome of the U.S. Supreme Court on the health care bill would ever be what it turned out to be. Nor would I, in a thousand years, have anticipated the "swing" vote would be Justice Roberts who now suffers the hysterical abuse of conservatives like the biopolar conduct of Glen Beck in reacting to Robert's vote. So, why did he do it? I believe he made a very difficult choice to fulfill…
On Thursday of this week, the U.S. Supreme Court will announce its decision about the Obama administration's Affordable Care Act. The political implications of that decision are obvious and the overwhelming odds favor an adverse treatment of the Act by the conservative block on the court. Chief Justice John Roberts, appointed by George Bush, is the most conservative justice since the early 1970s, when Richard Nixon named Warren Burger to replace the famously liberal Earl Warren. Clarence Thomas is the most conservative of…
There are two trial lawyers in the past history of this country I have admired and studied. One is Earl Rogers of Los Angeles and the other Clarence Darrow. For information about the great criminal defense lawyer Earl Rogers see Take the Witness by Cohn & Chisholm and Final Verdict written by his daughter Adela Rogers St Johns. There are numerous books about Clarence Darrow. One of the more recent is The Last Trials of Clarence Darrow by Donald McRae….
I have been a trial lawyer for over fifty years with a law practice focused on those who have suffered damages or harm due to the fault of someone else. I'm usually content with what I have done for others during this last half century of being a lawyer until I go to an affair like the one I just attended. Last year I was inducted into the National Trial Lawyers Hall of Fame along with Phil Corboy, Chicago; J.B. Spence,…
Rob McKenna, the republican Attorney General of Washington state has been preparing to run for governor ever since his election to office. His latest media pitch for attention has been to advocate revision of the laws that allow citizens to sue government for their negligence when it causes death or injury. He claims that limiting litigation for government wrong doing would save money and cites examples which he says illustrate frivolous or excessive claims. What's amusing to me is the examples I've seen…
Justice Antonin Scalia recent agreement to speak at the Tea Party Convention puts this controversial member of the U.S. Supreme court in the ethical spot light one more time. While there are ethics rules in place for lower federal court judges, there is no explicit code of ethics for the nine Supreme Court justices.He was appointed to the court in 1986. Since his appointment he has engaged in a continuous series of activities which call into question his awareness of…
I was born in 1935. Jack Borden graduated from law school at the University of Texas a year after I was born. Both of us are still practicing law, except I am seventy five and Jack is one hundred and one. He goes to his office in Weatherford, Texas five days a week. He is the oldest practicing member of the Texas Bar. "If I were to go home and sit down, I wouldn’t live another year. I come down…
I 'd like to be immodest and tell you that my wife Lita and I just returned from Las Vegas where I was inducted into the 2010 American Trial Lawyers Hall of Fame. What made it such an honor for me personally were the other members. Last year Bobby Lee Cook, Morris Dees, Fred Levin, stanley Preiser and Gerry Spence were inducted. Non living members include Melvin Belli,Clarence Darrow, William Kunstler and Johnnie Cochran. This year Phillip Corboy, Richard "Racehorse" Haynes, Russ Herman,…
My weekend readings brought up a couple of things worth mentioning. I liked the idea used by Ms. Norris Church Mailer in an article about her in the New York Times Magazine. She was the sixth and last wife of Normal Mailer who led a very bohemian life style which explains why he was married six times. She suffered through all of his many activities that were not supportive of their marriage. When asked about her reaction to Norman’s conduct…
