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Archives: April 11 - 20, 2008 |
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Friday, April 11, 2008
Loveable TV / Movie Lawyers: Entertainment Weekly has published its list of “15 Legal Eagles We’d Hire.” Not surprisingly, Gregory Peck’s portrayal of Atticus Finch (“To Kill A Mockingbird”) topped the chart. Meanwhile, Raymond Burr’s “Perry Mason” was the silver medalist; and Joe Pesci’s loveable bumbler Vincent Gambini (“My Cousin Vinny”) took home the bronze. Notably absent from EW’s picks: Reese Witherspoon’s character Elle Woods (“Legally Blonde,” “Legally Blonde 2 - Red, White & Blonde”).
She Assumed The Risk: The New Jersey Supreme Court dismissed a lawsuit Thursday filed by a woman who was injured by a flying puck prior to a minor league hockey game. The woman said she suffered permanent brain damage from the incident, which she maintained could have been prevented. The court held that under the circumstances she was owed no special duty of care.
Assuming The Risk: That’s what some of us will be doing tomorrow night, when we lay it all on the line at the Effingham Daily News Trivia Competition at St. Anthony’s Memorial Hospital. Proceeds from the event will benefit Effingham County Relay For Life to provide funds for cancer research and patient support.
Saturday, April 12, 2008
Weekend Reading: For those of you with extra time on your hands, the final “Approved Judgment” (58-pages) in the James Paul McCartney - Heather Anne Mills McCartney split-up offers some fascinating insight . . . into Sir Paul’s life as an aging but viable rock star . . . and into the pre-Paul successes of Heather Mills.
Switched At Birth? Unfortunately, yes. The baby-switching was inadvertent but it happened in deep Southern Illinois recently, and now the families have filed suit - according to The Southern Illinoisan newspaper.
Sunday, April 13, 2008
Trivia Result: “Ealy’s Aces” finished a respectable 6th place out of more than 15 teams last night in the Effingham Daily News Trivia Competition to benefit the Relay For Life. Our fragile early lead slipped away for good during a couple of “clunker” performances in the middle rounds. Nonetheless, the competition was a lot of fun, the questions were great, and - just like a certain Chicago sports team - we’ll “be back next year” for more. So, if you think you can do better . . . come get you some!!!
Attorney Lance Freezeland’s performance earns him our team’s “Chief Brainiac” designation. [Lance knew the intimate details on some subjects that I had barely even heard of]!
Employers May Not Inquire: In this “Information Age,” records generated by the criminal justice system can have far-reaching consequences. So, the process to expunge and / or seal criminal records (including arrest records) has been big news in Illinois lately and rightfully so. Wiping away a record is a good way for reformed offenders to put minor episodes - and even some major ones - forever behind them.
Here’s something most people don’t know: Generally speaking, it’s a civil rights violation under the Illinois Human Rights Act at 775 ILCS 5/2-103 for an employer - or even a potential employer - to inquire into the facts of any arrest that the employer knows has been expunged or sealed.
Summer Jobs: Due in part to harsh economic conditions, state officials are telling youngsters to pound the pavement early for summer employment opportunities. The Illinois Department of Employment Security has developed a web site that offers some assistance.
Monday, April 14, 2008
Going Too Far About Going Too Far: Yes, teenaged minors engaging in sexual activity is usually not a good idea. However, I strongly oppose official state investigations into the private lives of teenagers in most cases of consensual experimentation. Generally speaking, the issue should be handled not by state bureaucrats - or prosecutors, as can be the case in Illinois - but by families.
This issue of “government intervention” is headed for a likely showdown in the state of Mississippi on Wednesday, reports the Northeast Mississippi Daily Journal.
Scott’s Recent Guilty Pleasures - And One Subject That Still Saddens Him:
PART ONE: Although I almost always listen to my local radio stations during the workday, at other times lately I’ve been pulling in Channel 64, “The Groove,” on XM Radio. XM recently made me a reinstatement offer that I could not refuse. “The Groove” offers a richly diverse urban music playlist. I’ve always had a soft spot for the gems - such as the song “Two Occasions” *** - that were “Blacked out” during the sickening and thankfully short reign of the nearly all-white “Top 40” playlists on some radio stations - especially in rural areas - during the late 1980s and early 1990s.
PART TWO: Although regular television viewing and I have long since parted company, the enthusiasm of my children for “The Office”on NBC-TV apparently is contagious. “The Office” is an excellently written business satire. It’s a fun show with an occasionally poignant moment and / or lesson. Although I’ve seen other episodes of the program here and there, I’m now starting from the beginning with the Season One DVD.
***Mariah Carey’s No. 1 hit “We Belong Together” (2005) classily pays tribute - by lyrical reference - to the song ”Two Occasions” by The Deele. “Two Occasions” itself rose to Top 10 standing on the national pop music charts in 1988, but many radio listeners - in South-Central Illinois and elsewhere - never had an opportunity to hear the song . . . due to race-based decision-making on the part of, shall we say, overly-Caucasian radio station “music programmers.” These people have cost have Black songwriters and musicians millions and millions of dollars, but the cost to society as a result of these exclusions is even higher.
[The Deele’s members included Kenneth “Babyface” Edmonds, who later set sail on his own and became one of the most prolific solo recording artists and producers of the 1990s. Edmond’s “When Can I See You” (1994) remains one of my all-time favorites].
Tuesday, April 15, 2008
Ally’s Law: Did you know . . . that the state of Illinois has a law requiring businesses to allow their customers access to “employee only” restrooms in the case of certain bona fide medical conditions. The rationale behind the law receives coverage this morning in the Detroit Free Press newspaper.
Word - Cosby Does Not “Officially” Do Rap: Here’s an update to our local Bill Cosby visit coverage of February 2nd. “Cosby Narratives Vol. 1: State of Emergency” is slated for release next month, according to the Associated Press.
Update - II: The issue of “legal vs. illegal gambling” in Illinois - last covered here on March 17th - got some additional play this morning in the Kane County Chronicle. It seems that a rather notorious Northern Illinois bar “manager” is presently facing prosecution, reportedly in connection with Super Bowl-related wagering.
Impressive Bottom Line: And since we’re apparently in the “updates” mode today, congratulations to the folks down at the Effingham Daily News. Early word is, the EDN’s Trivia Competition raised more than $ 1,500.00-dollars Saturday to benefit the Effingham County Chapter of the American Cancer Society’s Relay For Life.
Wednesday, April 16, 2008
Lawyerpalooza - Gonna Have To Do This: Although some stuffed shirts might opine otherwise, next week’s ”Lawyerpalooza 2008” in Seattle looks like a great credit to the profession, once again! Maybe some day I’ll get there to see it up close.
Meanwhile, a little closer to home - and on my block, actually - a 12-hour “street concert” will highlight the many festivities at the Third Annual Effingham Artisan Fair on Saturday.
Experiencing Homelessness: Also on the weekend agenda is our local Habitat For Humanity chapter’s “Shanty Town,” the construction of which will start up on Friday on the grounds of the First Christian Church in Effingham. Click here for Effingham Daily News coverage of “Shanty Town” activities from 2006 (when the event was first held and hosted at Effingham High School).
Landlord - Tenant Matters: Some apartment dwellers might be tempted to consider homelessness - rather than having their landlords, uh, “checking” on them all of the time. This concern of tenants is the focus of new legislation that would require landlords to give 48-hours notice prior to apartment “inspections.” There’s a school of thought, with which I agree, however, which holds that landlords have no right of inspection PERIOD . . . without a court order, unless such a right is expressly reserved in a contract or provided by local ordinance or housing program rule.
Ford Explorer Settlement Blasted: A federal court judge approved a controversial settlement agreement yesterday in a class action lawsuit affecting - among others - the Illinois owners of 1991-2001 Ford Explorers. Claim forms must be submitted by April 29th.
Fun Run, Anyone? Now, here’s a story that combines two of this journal’s major areas of emphasis: law and running. A prosecutor in Idaho is currently facing trial himself, accused of misappropriating public funds . . . after reportedly hitting up defendants for “contributions” to a local running event - in lieu of official convictions and fines.
Thursday, April 17, 2008
Encounter With “The Opposition” - One of the most impressive abilities possessed by humans is a willingness to put aside personal differences in order to work with others toward a peaceful and productive solution in volatile circumstances. As an attorney, I have been witness this week to someone’s unique demonstration of such abilities in a “family law” setting. When a person conducts himself in such a courteous and forthright fashion, it will usually bring out the best in everyone. This person set a wonderful example for others this week, including myself.
Running: My workout time began at about 6 a.m. today with a couple of the distance runners from the EHS track team. We did a moderately difficult hill workout. They slowed down for me on the first half of the run, but left me in the dust on our last significant hill, finishing way before I did. I was very pleased with their willingness to work. Meanwhile, my own workout wasn’t half bad, either - on the heels of 90-minutes of running yesterday.
Knowing Consumption: As attorneys and office workers, we consume more than our fair share of restaurant meals. So, an emerging trend in legislation may be of some assistance. Joining other areas that have done mandated similar disclosures, New York City has revised its fast food calorie posting requirements - to the satisfaction of a federal court judge, according to an article in this morning’s online edition of the New York Times.
Friday, April 18, 2008
Earthquake! If your bed was shaking this morning at 4:37 a.m. CDT, it likely was no reflection on your personal life. The U.S. Geological Survey confirms the occurrence of a 5.2 Richter Scale magnitude earthquake at that time, centered near Mt. Carmel, Illinois. The area’s last major tremor, a 5.4 magnitude quake, occurred on November 8, 1968. World news agencies such as CNN are reporting this morning’s earthquake as a lead story.
A VERY Big Day: As first tipped in this online journal on February 21st, Effingham County’s Drug Court is scheduled to celebrate its very first graduate(s) on Thursday, May 15th, at 4:00 p.m. at the Effingham County Government Center. Please contact the Effingham County Probation Department for additional information.
In order to graduate from the Effingham County Drug Court program, an individual must have: successfully completed all treatment recommendations; demonstrated 12 to 18-months of drug abstinence; met certain general educational requirements; obtained gainful employment; and established a stable living environment.
Addressing My Colleagues: I had the privilege of making a presentation yesterday to a noon hour gathering of the Effingham County Bar Association. In my remarks (about the private practice of law), I quoted such luminaries as Bob Dylan and George Strait . . . and also made mention of this website.
One Goofy Law Down . . . A silly legislative enactment banning the existence of secret compartments in automobiles was declared unconstitutional Thursday by the Illinois Supreme Court. Writing for the court, Justice Lloyd Karmeier found that the statute could not stay in place because it criminalized potentially innocent conduct. Kind of like the Illinois eavesdropping statute, perhaps?
Jurors Are Most Likely To Be . . . White Women: That’s the latest finding of a unique study on the jury system in Champaign County, Illinois. The continuing study is a joint effort of the League of Women Voters and the University of Illinois College of Law.
Saturday, April 19, 2008
Earthquake Aftermath: The U.S. Geological Survey says our Friday morning earthquake was “a wakeup call.” A Survey seismologist says “Earthquakes in the central U.S. are infrequent, but not unexpected.”
Our pre-dawn quake was a likely topic of discussion at the annual meeting of the American Association of Geographers in Boston, which was attended this week by my son Rob, a senior geography major at the University of Illinois, who is scheduled to return home tonight.
Isn’t Somebody Missing Here? Racial Disparities In “Mainstream” Television Programming: A sad note today - as I now pronounce the VH1 music television channel . . . dead. I had the unfortunate experience of viewing VH1’s “Top 20” music video countdown program this morning and noticed an otherwise unexplainable overabundance of mediocre white people. VH1 will now be blocked at my home . . . for sending an obscenely inappropriate “message of inferiority” to non-Caucasians.
Today’s first hour of “Top 20” was particularly awful, including but not limited to its special showing of “up and coming” white artist videos - allegedly at position Nos. 21 - 23. Gag! VH1’s “Top 20” not only doesn’t look like “America,” it doesn’t even begin to resemble the makeup of mainstream charting music today. [Hey VH1, fix it - or at least have the courage to join the Klan officially]!
Change: Looks like somebody could use a history lesson, as provided in a book titled “Changing Channels: The Civil Rights Case That Transformed Television” by Kay Mills. The book details one of the greatest accomplishments of my late friend, civil rights leader Aaron Henry. Its “introduction” section alone make this book well worth reading.
On A Related Note - A Law School Moment Remembered: One of the most poignant moments in my legal learning process occurred in a Constitutional Law class in Jackson, Miss. It happened when the professor, Matthew S. Steffey, asked us to identify the harm to the plaintiff public schoolchildren in the landmark Brown v. Board of Education racial discrimination case. The ANSWER to my professor’s question was found in the official opinion of the U.S. Supreme Court:
“To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.”
To my esteemed professor: Thank you so much for everything! You taught your classes with great integrity and relevancy! Best wishes for your continued success!
Sunday, April 20, 2008
Blasts From The Past: The Decatur Herald & Review newspaper has a fascinating and now fully free archives section, which I stumbled upon this weekend - including an article about some guy who used to be known as this area’s “Rock & Roll Attorney” and who hosted such memorable (?) programs as “Rush It Or Flush It” and “The Top 9 at 9” on WXEF-FM.
There’s also a story about a local governmental battle, in which I actually convinced the Effingham County Board (in the mid 1990s) to go “a little bit lighter” on our working county jail inmates. I remain particularly proud of this accomplishment - as it especially benefits children who are owed a duty of support from jailed parents, as well as the victims of crime who are owed restitution. Under all but the most dire of circumstances, county jail inmate employment is a GOOD thing.
[I’ve copied and pasted these Herald & Review articles “permanently” onto this website, just in case the newspaper should ever revisit its decision allowing free access to its archives].
U.S. Olympic Trials: I watched the women’s marathon trials “live” from Boston via my computer this morning on the NBC Sports website. My favorite athlete, Deena Kastor, qualified by winning a methodically executed but nonetheless exciting race. Also qualifying for Beijing were runner-up Magdalena Lewy Boulet, who led the contest early on, and Blake Russell, who finished third (thrillingly putting behind her the disappointment of 2004’s near-miss fourth place effort).
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