Volume 7 Issue 31…Dedicated to the Dialogue on Race…August 6, 2004

By Paul Laurence Dunbar (1872-1906)

 I've been list'nin' to them lawyers

In the court house up the street,

An' I've come to the conclusion

That I'm most completely beat.

Fust one feller riz to argy,

An' he boldly waded in

As he dressed the tremblin' pris'ner

In a coat o' deep-dyed sin.

Why, he painted him all over

In a hue o' blackest crime,

An' he smeared his reputation

With the thickest kind o' grime,

Tell I found myself a-wond'rin',

In a misty way and dim,

How the Lord had come to fashion

Sich an awful man as him.

Then the other lawyer started,

An' with brimmin', tearful eyes,

Said his client was a martyr

That was brought to sacrifice.

An' he give to that same pris'ner

Every blessed human grace,

Tell I saw the light o' virtue

Fairly shinin' from his face.

Then I own 'at I was puzzled

How sich things could rightly be;

An' this aggervatin' question

Seems to keep a-puzzlin' me.

So, will some one please inform me,

An' this mystery unroll

How an angel an' a devil

Can persess the self-same soul?

Erin Brockovich (2000)

Erin Brockovich, which stars Julia Roberts and Albert Finney, is based on the true story of a systematic cover-up of the poisoning of the water supply in the California towns of Hinkley, Kettleman and Topock. The movie chronicles events leading to the 1993 lawsuit, which claimed chromium six, a carcinogen, used by Pacific Gas and Electric (PG&E), contaminated the cities' drinking water. PG&E used the chemical in the 1950s and 1960s to prevent rust in cooling systems at its plants, then discarded it in unlined ponds.

In the movie, Brockovich (Roberts) is working on a real estate case when she discovers medical bills and is unable to connect the dots between these bills and the real estate transactions. PG&E knew the high incidence of illnesses and deaths, including miscarriages, leukemia and ovarian and breast cancers, resulted from drinking contaminated water. Like the tobacco industry, when confronted with the facts, PG&E refused to settle and made every effort to avoid accepting responsibility for the environmental pollution and health consequences.

More recently, other lawsuits were filed against PG&E. The company filed for bankruptcy protection and sought to have the lawsuits heard in federal court, where they could be dismissed. In 2001, a California bankruptcy judge ruled the claims belong in state court.

Erin Brockovich is recommended viewing. Environmentalists believe PG&E's pollution is just the tip of the iceberg. Every homeowner and prospective owner should learn about the area where they live and/or plan to buy real estate. Environmental News Network at www.enn.com provides links to online sites, including the Environment Protection Agency, that offer data on environmental risks, toxic releases from factories, natural hazards and health effects of numerous chemicals found in your area. Avoid being a victim by staying informed.

Clarence Darrow (1857-1938)

Known for his long closing arguments, which were presented without notes, Clarence Darrow is one of the most celebrated US attorneys of the 20th century. Born on April 18, 1857 near Kinsman, Ohio, he attended Allegheny College and the University of Michigan. Admitted to the Ohio bar (1878) at age 21, he practiced law in Ashtabula, Ohio, before moving to Chicago (1887), where he served as a city corporation counsel.

A passionate defender of underdogs, Darrow grew up defending his father, a carpenter and part-time undertaker, who was an atheist. He resigned his position as general attorney for the Chicago and Northwestern Railroad to defend Eugene V. Debs and other union leaders charged with contempt of court during the 1894 Pullman strike. Though Darrow lost the case, he found his calling and earned a national reputation defending underdogs. In the 1902 Pennsylvania coal strike, Pres. Theodore Roosevelt appointed him as an arbitrator.

Death penalty opponent, Darrow defended more than 100 clients charged with murder. Some went to prison, but none received a death sentence. Darrow's reputation sustained a setback in the Los Angeles Times dynamiting case (1911). To the chagrin of socialists, he introduced a guilty plea in defense of the McNamara brothers. Although acquitted, he was charged with bribing a juror in that trial. After WWI, he defended war protesters charged with violating state sedition laws.

In Darrow's most famous murder case, he used a plea of temporary insanity to save Nathan Leopold and Richard Loeb from execution for the murder of 14-year-old Robert Franks. At their 1924 sentencing, Darrow stated, "I am pleading for a time when hatred and cruelty will not control the hearts of men. When we can learn by reason and judgment and a(n) understanding and faith that all life is worth saving, and that mercy is the highest attribute of man."

In July 1925, Darrow unsuccessfully defended teacher John T. Scopes, who was charged with violating a statute passed by the Tennessee General Assembly and signed into law on March 20, 1925 by Tennessee Governor Austin Peay. It prohibited teaching in public schools "any theory that denies the story of the Divine Creation of man as taught in the Bible." The ensuing "monkey trial" pitted an agnostic Darrow against the three-time Democratic presidential nominee and fundamentalist William Jennings Bryan. In failing to overturn the statute, Darrow lost the case, but won the larger cause in upholding the right of academic inquiry.

Darrow continued to practice law well into his seventies. His books include the novel, Farmington (1904); Crime: Its Cause and Treatment (1922); and Attorney for the Damned, a collection of his defense summations, ed. by Arthur Weinberg (1957). On March 13, 1938, Darrow died. (Sources: www.bartleby.com, www.law.umkc.edu, and www.fansoffieger.com.)

Tort Reform

Tort reform and a court system devoid of "activist" judges are major components of George W. Bush's domestic agenda. Changing the philosophy of the judicial system means the appointment of more judges like William Rehnquist, Antonin Scalia and Clarence Thomas, three of the five justices that made up the majority in Bush v Gore (2000).

Torts are simply civil wrongs in which a victim can sue responsible parties for damages. Tort reform, as proposed by the Bush administration, limits monetary awards in what Republicans in general call "frivolous" lawsuits. In the case of product liability and class actions, reform removes these matters from state to federal court, where dismissal is far more likely, particularly in courts with strict construction judges.

Behind the move to limit awards and direct class action product liability cases to federal court is old-fashion greed. A number of serious issues loom on the horizon. Much like tobacco and asbestos, these issues could potentially bankrupt big businesses like Monsanto. If scientists uncover a link between human obesity and the growth hormone used to fatten livestock, more mad cow cases and other environmental pollution related to genetically modified crops, Monsanto will be implicated in each scenario. Tort reform will limit its liability. Monsanto is a large Republican campaign contributor. It has significant ties to current and past Republican administration officials, including Agriculture Secretary Anne Veneman, Defense Secretary Donald Rumsfeld and Supreme Court Justice Clarence Thomas.

By John Burl Smith

The best-laid plans can result in confusion, even disaster, if time and resources are expended dealing with unknowns. A successful strategy in debates and war is to attack knowns. An incumbent, George W. Bush, rather than highlighting his war record, attacks Sen. John Kerry's. The Democratic National Convention illustrated this point. It etched an image of Kerry "laying his life on the line aboard a swift boat in the Mekong Delta defending America and rescuing a comrade." So, everyone knows, as his wife Teresa put it, "John got his medals the old-fashion way."

Comparing and contrasting that image with Bush, who hid out in the National Guard, masquerading as a pilot, he was absent from duty for an extended period. The unknown is whether or not the story, "Bush was doing community service for a drug conviction in Houston, TX" explains his unofficial absence from duty?

Undebatably, Bush attacks "trial lawyers," as if they are lower life forms that slither into court to victimize justice. Clarence Darrow was one of the best trial lawyers and people like Bush maligned him even before the "Scopes Trial." Were it not for civil rights trial lawyers, like Thurgood Marshall, Brown v Board of Education would never have broken the back of segregation. If DeKalb County, Georgia had a John Edwards, residents could sue the state of Georgia over its unfair taxation and stop its use of MARTA and other rapid transit funds as state transportation revenue.

Rather than build himself up, Bush is busy trying to tear Sen. John Edwards down, a very successful trial lawyer. Had Edwards not stopped the businesses he sued, these companies would have continued destroying lives, causing pain and death. Unknown is the damage Bush is causing by undermining the judiciary and American justice system, stuffing courts with judges that "strictly construct" the Constitution.

Trial lawyers represent access to US courts. Without an attorney, plaintiffs, like those Edwards defended, would never get their day in court. Bush's perception of justice is limited to "those who can afford it," which is why "tort reform" represents his commitment to limit access of poor people to the courts.

There is no debating, Bush economic policies have forced American workers to accept a lower standard of living. The movement of jobs overseas and allowing cheap foreign labor easy access to jobs that are left have reduced disposable income for lower wage earners. The IRS reported income fell two years in a row. Coupled with 2 million jobs lost, no matter how much workers earn today, they can afford less, given the raising cost of energy, transportation, health and childcare, college tuition, as well as higher local taxes and fees to fund "No Child Left Behind" and first responders. Given poor blacks and other minorities pay more for credit than upper income borrowers, they know things are worse off economically than 4 years ago.

The irony is, blacks know Kerry needs a "Poor People's" style campaign in large cities to get elected. A proposal to raise the minimum wage by $2.50 would increase disposable income for millions of disaffected blacks. This will push wages up in black and poor communities, making inner-city voters stakeholders on November 2. Kerry's appeal must expand beyond black churches. He needs large urban rallies to speak directly to the poor blacks. Considered unlikely voters by pollsters and not counted, black voters are a huge reservoir, if Kerry motivates them to turn out to vote.

Disgruntled says: The lines that traditionally separate church and state have certainly blurred under the current White House occupant. Beyond Bible thumping politicians taking the pulpit in black churches around election times and faith-based initiatives, there are fundamentalists, like Jerry Falwell and Pat Robertson, publicly campaigning for the reelection of George W. Bush. Since their respective organizations behave politically like other corporations and sup from the federal trough like them, these religious institutions should not continue to enjoy a tax-exempt status.

Disgruntled feels: Fear! On Sunday, Homeland Security Secretary Tom Ridge held a press conference to announce the existence of credible-actionable intelligence that al-Qaida plans to attack financial sites in the United States. The information specifically mentioned New Jersey, New York and Washington, DC. In these areas, the color-coded terror alert went up, increasing the fear factor across the nation. On lock-down by Monday, the US never more resembled a police state. By Tuesday morning we learned the actionable intelligence pre-dated 9-11. Now, we all know fear is a weapon of mass distraction. What we do not yet know are the things we missed during those hours spent cowering in fear!

Disgruntled wants to know: As former President Bill Clinton stated in his address before the Democratic Convention, "Strength and wisdom are not mutually exclusive." Given more information, changing one's mind is a sign of maturity and wisdom. For months, Republicans have accused Democratic Presidential hopeful John Kerry of flip-flopping without providing specifics to discern whether or not the mind change was based on additional credible information. Republicans claim, "He voted for the war and against funding of the troops." So, did John Kerry flip-flop on the resolution passed by Congress in the lead-up to war against Iraq or was it really a war resolution?

Defining Edwards

Leading the tort reform movement, the Grand Ole Party (GOP) has derogatorily labeled Democratic Party vice-presidential hopeful John Edwards an "ambulance chaser," a personal injury lawyer whose primary interest is filing lawsuits against big businesses for large monetary settlements. Does such a pejorative really define Johnny (John) Reid Edwards?

Born in Seneca, S.C. (1953) to a mill worker and rural mail carrier, Edwards grew up in Robbins, N.C. He received his law degree from the University of North Carolina. After representing media conglomerates early in his career, he found is "niche" representing underdogs in medical malpractice and product liability cases. His clients were mostly people who could not afford to hire an attorney; he took cases on a contingent-fee basis.

Charismatic, compassionate, calm under fire and attuned to the struggles of working class families are characteristics cited by friends, foes and in news reports of his courtroom exploits. Edwards quickly gained a reputation for winning. Like Clarence Darrow, he could address a jury for hours without notes.

In the case that defined his career, the victim, Valerie Lakey, was five (1993) when a wading pool incident caused the loss of more than fifty percent of her intestines. Valerie survived, but will require intravenous feeding for life. The lawsuit filed on behalf of her family named the club, where the accident occurred, the county and the manufacturers of the pool's circulation pump and missing drain cover. Though Valerie's injury seemed bizarre, Edwards discovered other similar injuries. The jury awarded the Lakey's $25 million, the most in N.C. state history. In addition to the jury award, new safety rules, including better drain covers, were instituted.

According to his official biography, another defining moment for Edwards was the death of his 16 year-old son, Wade, who was killed in a traffic accident (1996). The loss of his first born led to a decision to enter politics to "make a difference" in the lives of the people he represented as an attorney. A political novice, Edwards defeated incumbent Lauch Faircloth (R-NC) in his 1998 race for the Senate. In his bid for the 2004 Democratic Party presidential nomination, Edwards centered his campaign theme around the existence of two Americas, one for the rich and one for everyone else. Defending the underdog may well define Edwards.

Email kickbush@yahoogroups.com : On July 26, 2004, the Campaign Legal Center filed a complaint with the FEC alleging that Jerry Falwell Ministries and a related entity, the Liberty Alliance, violated campaign finance laws by endorsing President George W. Bush and soliciting funds for a federal PAC on their website. The group also sent a letter to the Commissioner of the IRS asking the agency to look into the group's activities, which clearly violate the exemption requirements under the tax code section 501 (c)(3).

Email cia-drugs@yahoogroups.com: According to White House insiders, Mr. Bush has been acting erratic lately, and his profanity-laced outbursts are becoming almost a daily occurrence. It is rumored that Bush is now being treated with anti-depressants. However, angry outbursts, stating they are doing God's work and systematic attacks on perceived enemies are not symptoms of clinical depression. Bush is displaying symptoms of schizophrenia and paranoid delusions.

Email www.commondreams.com The allegation that Iraqi Interim Prime Minister Iyad Allawi shot seven restrained prisoners (killing six) in a fit of anger - with a number of witnesses present - is certainly newsworthy. But, remarkably, the US media have chosen not to cover it, preferring to accept the official denials. The foreign press is not so trusting. The disconcerting result is that we simply aren't getting the same picture of Iraq that citizens in every other English-speaking country see. On July 17, the Sidney Morning Herald broke the story, placing Allawi at the Al-Amariyah security center in the maximum-security cell block where the deaths occurred.

THINC  || 2004 Issues || The DISH