Archive for the ‘Fifth Amendment’ Category

Local Governments May Soon Be Forced To Rethink How They Use Private Property – The National Interest Online

Its January, so most state legislatures are kicking off their sessions. Across state capitols, one issue to monitor is the fallout from the Supreme Courts 2019 landmark decision inKnick v. Township of Scott, a holding which may compel many local governments to rethink how they regulate private property.

Professor Ilya Somin coauthored anamicus briefto theKnickCourt on behalf of the Cato Institute and other organizations, and hesummarizedthe controversy as follows:

The main point at issue inKnickis whether the Court should overrule or limitWilliamson County Regional Planning Commission v. Hamilton Bank, a 1985 decision that makes it virtually impossible to bring many types of takings cases in federal court. Under Williamson County, a property owner who contends that the government has taken his property and therefore owes "just compensation" under the Fifth Amendment, cannot file a case in federal court until he or she has first secured a "final decision" from the relevant state regulatory agency and has "exhausted" all possible remedies in state court. At that point, it is still often impossible to bring a federal claim, because various procedural rules preclude federal courts from reviewing state court decisions in cases where the case was initially brought in state court.

Property owners prevailed last Summer, as explained by my colleague Ilya Shapiro:

[Today] the Supreme Court inKnick v. Township of Scottruled 5-4that a government violates the Fifth Amendment's Takings Clause when it takes property without compensation, and a property owner may bring a claim to that effect in federal court at any time . . .Knickrepresents the culmination of many years of challenges toWilliamson County, and years of effort to put property rights (and takings claims specifically) on the same procedural footing as other rights enumerated in the Bill of Rights.

No longer will courts relegate the Takings Clause to second-class status among our rights. Of course, theKnickholding is only the start. Now, states must deal with the constitutional consequences.

As Justice Elena Kagan noted in her dissenting opinion, There are a nearly infinite variety of ways for regulations to affect property interests. One such "way"increasingly popular of lateinvolves local laws that obstruct mineral extraction on private property. Obviously, these measures would result in property owners losing some or all of the value of their subsurface mineral rights.

AfterKnick, affected property owners are much more likely to get their day in federal court to seek just compensation from the government. This access to courts, in turn, changes the dynamic between local governments and regulated entities. Most localities have insufficient resources to either litigate these challenges or provide just compensation (if they lost in court). The upshot is thatKnickgives local governments a strong incentive to revisit recently passed roadblocks to oil and gas production.

Which brings us to Colorado, among the biggest beneficiaries of the recent revolution in American oil and gas production ushered in by technological breakthroughs in directional drilling and hydraulic fracturing. At present, the industryannually createsmore than $30 billion in wealth for the state.

A mere months before the Supreme Courts decision inKnick, Colorado Governor Jared Polis signed SB19-181, a massive overhaul to the states oil and gas regulatory regime. Among other measures, the law provides local governments with increased authority to limit subsurface property rights.

InKnicks wake, some Colorado officials are asking hard questions about SB19-181. One of them is Sen. Kevin Lundberg. Almost a decade ago, I worked with Sen. Lundberg on the states implementation of the Clean Air Act, and I know hes a serious lawmaker.

Last month, Lundberg led the Republican Study Committee of Colorado in a series of hearings on how SB19-181 will function in a post-Knickworld. His findings are sobering: Potentially, thousands of Colorado citizens who are mineral interest owners can have their day in Federal court and seek literally trillions of dollars.

In hiswriteupof the hearings, Sen. Lundberg correctly observed that Something has to give . . . If [state] policy makers are smart, they will unwind SB19-181 before it becomes a crisis for the entire state.

During the new legislative session, Sen. Lundberg promised more hearings on the matter. Coloradans should hope his colleagues give this matter the attention it deserves. Even if the state lawmakers dont act, I suspect that municipal and county governments in Colorado will think twice before they exercise their SB19-181 authority to constrain property rights.

This article by William Yeatman first appeared at the Cato Institute.

Image: Reuters.

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Local Governments May Soon Be Forced To Rethink How They Use Private Property - The National Interest Online

Al Southwick: Joe McCarthy and me – News – Worcester Telegram

I watched the TV piece on Joe McCarthy with great interest the other night. I had reason to. Of all the hundreds of articles I have written over the past 70 years for the T&G and other periodicals, none stirred such a response as one I wrote in 1953 about McCarthy.

It was titled MCCARTHY SHOULD BE EXPELLED. Today that doesnt surprise, given what we know now about McCarthy and his slimy sidekick, Roy Cohn. But 75 years ago it dealt with an issue of astonishing destructive power. In the space of less than three years, McCarthy and Cohn divided the nation dangerously, crippled the U.S. Senate, destroyed important careers in the State Department and made the U.S. Army look ridiculous. All done with a series of blatant lies lies easily refuted but strangely persuasive to millions of Americans.

Joe McCarthy proved one thing: you dont have to be in the White House to rip the country apart. You can do it with a megaphone if you understand the target and the timing. His target in 1951-54 was communism. He was only a junior senator from Wisconsin, but he was eerily able to sell the notion to the nation that the United States was imperiled by a massive Communist conspiracy centered in the State Department and the Treasury. The facts, amply proven many times in the ensuing years, is that the leftist influence in the government was limited to a handful of individuals. Unfortunately, a few of those, such as Alger Hiss and the Rosenbergs, were prominent and made for scary headlines.

The McCarthy piece on TV did a good job with the history of the time. But it didnt quite convey the chilling atmosphere that pervaded the land the feeling.that something ominous was imminent. For McCarthys true believers it was the insidious threat of communism, ready to subvert the nation from within. For those opposed, it was the destructive, malign McCarthy-Cohn crusade itself that posed the greatest peril. The nation watched in fascination as prominent public figures went up on television to the various hearings.

Are you or have you ever belonged to a Communist organization was the routine question posed by McCarthy to any number of individuals. Not all could answer in the negative, a fact duly exploited by the far-right press. Those who called on the Fifth Amendment or the rule of law got little support or sympathy from McCarthy and Cohn.

McCarthy was a toxic subject for many of the nations newspapers. My own piece caused a stir at 20 Franklin St., where the T&G was then housed.

I had decided, after months of McCarthys outrages, that the paper should declare itself on the issue. I wrote it without consulting the higher-ups, which in those days meant George F. Booth, editor, publisher and part owner of the newspapers. Booth and his fellow colleagues apparently were not yet ready to condemn McCarthy, and my piece floated in the wind for a week or two. Then, finally, Mr. Booth sent word that it could be published, but not as an editorial. So it came out as an article with my byline. As I noted earlier, never before or since have I experienced such a reaction both pro and anti McCarthy. You had to be there to appreciate it.

I dug out that old article to refresh my memory. It was hardly the firebrand grenade of 1953, but just a summary of the main charges against him familiar enough today. What seems amazing even now is the depth of the division in the country. People on both sides could not understand how their friends and relatives could possibly hold such views. Many a family meal was broken up in acrimony.

I listed some of the misdeeds committed by McCarthy his arrogant handling of his investigating committee with his one-man hearings, his brow-beating of witnesses and his fantastic and false claims.. . Joe McCarthy stands up in the Senate and has the gall to claim that the nations fate is his own ... that he and he alone knows what is good for America.

Particularly disappointing was the craven way the U.S. Senate responded to McCarthy. Only one senator Margaret Chase Smith of Maine had the guts to condemn him on the floor of the Senate. I remember cornering Sen. Leverett Saltonstall and plying him with questions. Didnt he see the damage McCarthy was doing to the Senate and the country and the Constitution? But Saltonstall, no crusader, refused to follow Senator Smiths lead. He thought the thing would play out in time.

Eventually, of course, it did play out and the Senate eventually voted, 67 to 22, to censure him. And with that, McCarthy reign of terror was over. But he left a lasting impression. Populist movements can pose a danger to constitutional government.

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Al Southwick: Joe McCarthy and me - News - Worcester Telegram

At age 100, the father of preventive medicine is still going strong as living proof that he was right all along – yoursun.com

Dr. Jeremiah Stamler has a little problem at work. You know the kind: that checklist item that you cant quite seem to check, the one part of the big project that you havent yet nailed down.

You cant slam the door shut on the work until you get answers.

Stamler knows the problem is out there, just waiting for him. And, frankly, thats just the kind of thing he thrives on.

Jerry Stamler is a professor emeritus and active research doctor at the Northwestern University Feinberg School of Medicine who recently turned 100 years old.

His problem is cheese.

Stamlers specialty is preventive medicine in fact, he helped invent the field. He did pioneering research into the causes of heart disease, and coined the term risk factors to describe circumstantial and genetic contributors that increase the risk of cardiovascular disease. While working for Richard J. Daleys Public Health Department in the 1960s, he developed the Heart Disease Control Program, aimed at educating the public and bringing focus to issues the city still grapples with, such as the availability of healthy food in poor neighborhoods.

Hes an early adopter of whats known today as the Mediterranean diet, and his own best advertisement, a long-living testament to the lifestyle changes he advocates.

Currently, hes one of only a tiny handful of scientists over age 90 to have an active NIH grant for research.

Oh, and hes a WWII veteran and is partially responsible for the demise of the notorious House Un-American Activities Committee.

We have immense amounts of things we should be grateful to Dr. Stamler for, says Dr. Donald Lloyd-Jones, chair of the Department of Preventive Medicine at Northwestern, because hes improved our health as a nation and a world, but hes also affected our society.

Lloyd-Jones points out that Stamler, who founded the department Lloyd-Jones now presides over, has retained 110% of his mental acuity. Hes forgotten more than I will ever know, and I dont think hes forgotten very much.

But, aside from being an obvious outlier in the healthy-habits-plus-great-genes department, the record of Stamlers life reveals another core characteristic that clearly fuels him. Hes charming, and smart, but he wont back down. Not for anything. Not for big food companies or basic human intransigence or even Congress. Not for the toll age takes, not even for time.

He has made standing up for things his stock-in-trade.

I think its a measure of his character, says Lloyd-Jones. Its remarkable. Hes my hero.

Stamler was born in Brooklyn in 1919, and grew up in West Orange, N.J., the child of Russian immigrants. From an early age, he was suspicious of mass-market food. The loaf of white bread is anathema, he says. My father got to this country, saw the white bread and was ready to get back on the boat and go home! Instead, he grew up with hearty rye breads and got an early start eating whole grains. Other healthy habits came easy, he says: I never liked butter. I dont know why. It mustve been something in the blood, intuitive.

After medical school, he did what most of his contemporaries were doing and entered the Army. Near the end of World War II, he was sent overseas: To Bermuda, he says. So I spent a lovely year in Bermuda, my wife came with me, and it was very nice. Shortly thereafter, the war ended and Stamler, like thousands of other GIs, headed home to launch the next phase of his life.

He knew he wanted that life to be in research, and in 1947, found a place to pursue that work, taking a position at Michael Reese Hospital in Bronzeville under pioneering cardiology researcher Dr. Louis Katz. Dr. Katz told me, Why the hell do you want to go into research? says Stamler. You never win. When you first discover something, people will say I dont believe it. Then you do more research and verify it and theyll say, yes, but Then you do more research, verify it further and theyll say, I knew it all the time. And he was right.

Undeterred, Stamler and his first wife, Rose, who trained as a sociologist but went on to become a major researcher in the fields of cardiovascular disease and hypertension in her own right, moved to Chicago in 1947. They offered me a $200-a-month fellowship, Stamler says. In those days, that was a fortune.

Stamlers research involved examining the effects of cholesterol and other factors suspected as drivers of cardiovascular disease. I was always interested in the heart artery problem. Why did human beings with diabetes get more heart artery disease? Whats the relation of habitual lifestyle, fat intake, saturated fat intake, cholesterol intake, salt intake, with cardiovascular disease. The interplay between multiple factors. And of course we were all interested in tobacco even way back then.

Stamler studied his theories on animals. I was feeding cholesterol to chickens, he says. We could test everything that we suspected might have an impact, except smoking. And over time, he helped discover and confirm many of the things we now take for granted: High cholesterol and high blood pressure are linked to cardiovascular disease.

Stamlers interest in these issues didnt stop at the merely scientific, however. He had long been interested in social causes he and Rose had met at student meetings during WWII, while he was still in college, and her work leaned strongly into social justice. He realized that his work had vast implications in the world outside the laboratory. From 1948 on, as our work accelerated, he says, we were more inclined to translate our findings into recommendations for the public.

That approach began to earn him a few enemies. Here in Chicago, we had the North American Meat Institute, they were barking at me all the time. They had a very simple view: Why dont you do research, write papers, publish them and shut up? We didnt feel that was an appropriate posture for people doing research on a scientific problem of great public health importance, to do the research and then bury it. What the hell is the point?

Big tobacco, big food companies and other interest groups werent too happy about Stamlers findings either. He didnt care. I began to find the best ways to express all this to the public, and we decided that the best way is the risk factor concept, he says. A set of well-defined traits, easily measured, frequently occurring, which when present, particularly in combination, are greatly associated with increased risk.

Risk factors, which represented something the public could understand and act to change, changed the face of how Americans thought about cardiovascular health. The question was, what happens when you modify them, control them, lower them? Stamler says. Does the cigarette smoker at age 60, after more than 40 years of smoking, benefit from quitting smoking and lowering cholesterol? The answer is, it isnt too late.

Stamler was driven by a desire to see that knowledge put into practice by the public. Its a very important message, he says. From a practical point of view, its the only message.

In 1958, Stamler brought that activist approach to public health to city government, taking a position in Daleys Department of Public Health. I rolled up my sleeves and went formally to work, he says. A different kind of work. Quite different from feeding cholesterol to chickens.

Reluctantly, he gave up animal research and turned his attention to the pressing concerns of the citys health. We started with rheumatic fever prevention in kids, he says. We developed a hypertension control program, coronary prevention evaluation program, all right there in Mr. Daleys Health Department. He actually used a picture of me with one of the participants in the programs in one of his political campaigns, to show how up-to-date and modern his administration was.

Stamler also looked to tackle Chicagos diet: First and foremost, we worked to improve the mix of foods that were readily available in the supermarket. We encouraged broiling rather than frying, roasting on a rotisserie rather than frying, modest portion sizes.

Chicagos legendary steakhouses? They didnt exactly fit Stamlers program.

It may be OK to victimize a tourist by selling him a 16-ounce steak, he says, but for the natives, lets make it a 4- or 5-ounce steak. Lets encourage fish and seafood, vegetables and fruits, whole grains. Not that were indifferent to the outside, but we feel a first responsibility to locals.

But it wasnt steakhouses or even food lobbyists who posed Stamlers next challenge. In 1965, he was called before the House Un-American Activities Committee, a congressional committee aimed at ferreting out suspected communist sympathizers in America. The committee was known for subpoenaing a range of people, from the entertainment industry, academia and other spheres of public life.

They had informants who told them who to call, says Tom Sullivan, an attorney with Jenner & Block who worked on Stamlers HUAC case, and the people took the Fifth Amendment and that was the end of it. It ruined many lives and employment and wreaked havoc. The consequences for refusing to answer the committees questions was blacklisting, and in Stamlers case, Sullivan says, Mayor Daley would have fired him immediately.

Stamler chose not to exercise a right against self-incrimination, instead choosing not to answer the committees questions to him by challenging its constitutional right to do so. Sullivan and his team filed suit against the committee on behalf of Stamler and his colleague, Yolanda Hall, who worked as a nutritionist in his department and was also an outspoken activist on issues such as fair housing and civil rights. The committee found the pair in contempt of Congress. The clients were facing years in jail for contempt of Congress, says Sullivan, and Jerry Stamler decided he was willing to take that chance, to make this a test case.

Litigation followed, for 8 1/2 years, during which Stamler continued to champion public health but rarely spoke publicly about the court battle. In late 1973, the case settled, with the committee, which had begun to lose steam, backing down and Stamlers side agreeing to withdraw its complaint.

In 1975, HUAC was disbanded. The case, says Sullivan, was the decisive factor in ending it.

Those who know Stamler best say the story isnt out of character. He has a mantra, says Lloyd-Jones, just apply firm, steady pressure. When his scientific discoveries or medical recommendations meet resistance, Lloyd-Jones says, his response is always the same: Keep smiling. But dont back down. He knows that if you apply firm, steady pressure over time, the data will win the day. If we make sure our assertions are grounded in the very best science, the truth will out.

In 1972, Stamler was appointed as the founding director of the Department of Community Health and Preventive Medicine at Northwestern, where his research continued, and he took on the role of mentor to a stream of new cardiologists and researchers.

The work has never let up, though Stamler has decided where to draw the line in one arena: He sort of stopped advancing in his tech use at fax machines, says Lloyd-Jones, so when we send him papers to read, we email them to his assistant, they print them out, he takes the hard copy, he marks them up extensively in pen, and he faxes them back. Currently, hes working with a team on metabolomics, the study of products created by the bodys metabolic processes.

Those faxed notes, Lloyd-Jones says, are sharp as ever. Hes really at his core a scientist. Hes always about taking the data and what it is giving you and not over-interpreting it.

Stamler sticks to his guns at home as well. We eat a lot of egg whites in this house, he says. And Im not saying that to make nice with the Egg Board. I like hard-boiled egg white with tomato in a good sandwich with whole wheat bread.

Diet is key to good health, he says, and happiness is important too. Stamler shares homes in New York, Italy and Chicago with his second wife, Gloria, a childhood friend with whom he reconnected after Rose died in 1998.

Though age has robbed him of mobility and he now uses a wheelchair, Stamler says he has one answer for people who wonder whether hell retire: No.

He loves it, says Gloria.

And, of course, hes not quite finished. If you think about it, he says, I should have retired about 30 years ago. But Ive kept going, on the basis that theres still some fascinating stuff out there that we havent touched very well.

Like, for instance, cheese a supposed villain when it comes to heart health. There may be more there than meets the eye, says Stamler. Its too early to say. People say Why are you still working? Its intriguing questions like that. Whats the bottom line with cheese? It just keeps you intrigued and going on.

For the scientist, at least, cheese has a benefit. Maybe even, at this point, a touch of symbiosis.

Im annoyed with my ignorance about cheese, Stamler says, contemplating his next move. I havent taken the time to get that clear. It sounds simple, but doing it well is a big job.

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At age 100, the father of preventive medicine is still going strong as living proof that he was right all along - yoursun.com

Top stories of 2019 played out in court in Massachusetts – The Daily News of Newburyport

BOSTON 2019s biggest stories in Massachusetts played out in the courtroom.

Dozens of wealthy and privileged parents some of them Hollywood stars were ensnared in a nationwide college admissions bribery scandal. A judge tossed a sexual assault case against actor Kevin Spacey after his accuser refused to testify.

The states highest court upheld Michelle Carters manslaughter conviction for sending her suicidal boyfriend a barrage of text messages urging him to kill himself. Pharmaceutical company executives were found guilty of bribing doctors to prescribe a highly addictive opioid. And Massachusetts attorney general launched fresh legal challenges to the Trump administrations immigration policies.

A look back at those and other top stories:

COLLEGE BRIBERY

Federal prosecutors dubbed it Operation Varsity Blues, and the scope was staggering: affluent and influential parents indicted for paying bribes to rig their childrens test scores or get them admitted to elite universities as recruited athletes. Desperate Housewives star Felicity Huffman pleaded guilty and served two weeks in prison, but Full House actress Lori Loughlin and her fashion designer husband maintained their innocence and are expected to stand trial in 2020.

KEVIN SPACEY

Prosecutors dropped a criminal case against Spacey alleging he groped an 18-year-old man at a Nantucket bar in 2016. The House of Cards actors accuser invoked his Fifth Amendment right not to testify about text messages from the night of the alleged encounter. Los Angeles prosecutors later tossed a separate sexual battery charge against Spacey after the accuser in that case died.

TEXTING SUICIDE

The states highest court upheld Michelle Carters 2017 involuntary manslaughter conviction in the suicide death of her despondent boyfriend, to whom she had sent insistent text messages urging him to take his own life, and the state Parole Board denied her request for early release. Carters lawyers maintain her texts were free speech and have appealed to the U.S. Supreme Court, which hasnt yet decided whether it will take up the case.

OPIOID KICKBACK SCHEME

A jury convicted a pharmaceutical company founder of racketeering conspiracy for paying doctors millions in bribes to prescribe his companys highly addictive fentanyl spray even using a stripper-turned-sales-rep to give a physician a lap dance. Convicted along with John Kapoor, the 76-year-old former chairman of Insys Therapeutics, were four other ex-employees of the Chandler, Arizona-based company and the former exotic dancer.

TAKING TRUMP TO COURT

Massachusetts Democratic attorney general, Maura Healey, and the state chapter of the American Civil Liberties Union mounted fresh legal challenges of the Trump administrations tough policies on immigration. Lawsuits in federal court in Boston highlighted some detainees need for medical treatment and the governments strict cap on the number of refugees fleeing disaster and strife abroad.

INDICTED MAYOR

Jasiel Correia had seemed almost bulletproof. In March, voters in Fall River reelected the embattled mayor after he was charged in 2018 with defrauding investors in an app he developed to bankroll a lavish lifestyle. But Correias political good fortunes ran out federal authorities indicted the 27-year-old for allegedly stealing hundreds of thousands of dollars from marijuana companies. In November, voters unceremoniously threw him out of office.

2020 FREE-FOR-ALL

Continuing Massachusetts tradition of producing presidential candidates, U.S. Sen. Elizabeth Warren jumped into the race for the Democratic nomination early, followed by U.S. Rep. Seth Moulton, who exited in August. Much later, former governor Deval Patrick, the states first black governor, declared his candidacy. Ex-Gov. William Weld, a Republican, launched a challenge to President Donald Trump. And Democratic congressman Joe Kennedy III, a grandson of Robert F. Kennedy, announced a primary run against U.S. Sen. Edward Markey.

PILGRIM NUCLEAR PLANT

Nearly half a century after it began generating electricity, the Pilgrim nuclear power plant permanently shut down. Environmentalists had clamored for decades for the closure of the states only remaining reactor. The decommissioning of the complex in Plymouth, which came online in 1972, left Seabrook in New Hampshire and Millstone in Connecticut as New Englands only still-operating commercial nuclear plants.

MENTHOL, R.I.P.

Responding to growing concerns about the health effects of vaping, Massachusetts became the first state to ban flavored tobacco and nicotine vaping products. Anti-smoking groups hailed the ban, which restricts the sale and consumption of flavored vaping products and will do the same for menthol cigarettes starting June 1, 2020. It came after Republican Gov. Charlie Baker declared a public health emergency and imposed a temporary ban.

AGAINST ALL ODDS

Massachusetts third casino, Encore Boston Harbor, opened in the gritty suburb of Everett after months of uncertainty. Las Vegas-based Wynn Resorts glitzy $2.6 billion complex had been beset by legal troubles and a failed attempt to sell the complex to rival MGM Resorts. Encore features a 671-room bronzed-toned hotel tower, a gambling floor with 3,100 slot machines and 231 table games, and 15 bars and restaurants.

___

Follow Bill Kole on Twitter at https://twitter.com/billkole.

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Top stories of 2019 played out in court in Massachusetts - The Daily News of Newburyport

The Top Stories of 2019 – Legal Talk Network

Episode Notes

To close out the year, Joe runs down the top 10 stories of the year at Above the Law. Are there key insights or interesting trends to be gained from reviewing the sites traffic figures? Probably not, but here we are.

Special thanks to oursponsor,Logikcull.

Above the Law Thinking Like a Lawyer

The Top Stories of 2019

12/30/2019

[Music]

Intro: Welcome to Thinking like a Lawyer with your hosts Elie Mystal and Joe Patrice, talking about legal news and pop culture all while thinking like a lawyer, here on Legal Talk Network.

[Music]

Joe Patrice: Hello. Welcome to another edition of Thinking Like a Lawyer. This is the last edition of the year. Im Joe Patrice from Above the Law. Im not joined by any co-hosts because obviously it is the holidays and I hope everybodys had some good holiday so far and you have new years to look forward to. I hope everyones bowl games are going as well as youd hoped.

With all of that said, I thought we would today take this opportunity to look back at a years worth of Above the Law stories, in particular looking at the top ten stories at least decided by you, the readers of Above the Law through your traffic, to see what really happened, what the main storylines were as far as the Above the Law audience interest.

So with that said, I thought I would take a quick aside before we get going and say that todays episode is brought to you by your tarantula, whos very upset and thinking of sneaking away in a way that will really freak you out, all because youre still at the office slogging through an endless doc review project, make better decisions, keep your pet and work smarter with Logikcull, eDiscovery software that gets you started in minutes. And its web-based. That was a little strained but thats what we have to go with here. Create your free account today at logikcull.com/atl, thats logikcull.com/atl.

All right, with all of that taken care of, lets talk about big stories of the year. The number 10 story of the year on Above the Law dates back to the early parts of the year when we learned that Kim Kardashian plans to become a lawyer and will take the bar exam in 2022, at least thats the plan.

What people may not understand about California given that she has never graduated from college, much less law school, how would she become a lawyer in 2022? And what we learned in this story is that she is taking advantage of a California program that allows her to apprentice with real lawyers and through her work with them and her studies with them, she can prepare herself to take what is called the baby bar, which is a shorter version of the bar exam that kind of pre-screens these individuals who dont go to accredited law schools for the opportunity to take the actual California Bar down the road.

So this timeline of her getting done in 2022 is ambitious as far as we know, she has not taken the baby bar, which would suggest she might not be on course for this 2022 mission. But that is the number ten story suggesting that ATL readers unfortunately just like Americas television viewers.

The number nine story that we had this year brings us to a person who will become a recurring theme of our top ten stories, its Brett Kavanaugh and this story was titled oh great, Brett Kavanaugh is becoming even more of an originalist. This was a quote that Kavanaugh threw out there about his originalist worldview and it was one of those post how do I put this.

This was one of those post-confirmation, oh no what have we done situations, where he is being discussed in an article in Slate about some of the decisions that Brett Kavanaugh had released towards the end of his time on the DC Circuit and his overwhelming disregard for legal precedent. This is something that is of some concern to people who were monitoring the Kavanaugh appointment because especially coming off of the Janus decision which was where Gorsuch and Alito at Alitos suggestion basically eviscerated 40 years worth of precedent.

The argument had always been for those moderates who supported people like Gorsuch and Alito also, but more recently Kavanaugh that, no, no, they really understand precedent so theres no real threat here. This was a suggestion that they do not and that their vision of originalism is basically nothing thats come before matters to them. So that reached the number nine slot.

The number eight slot for the year was, can all lawyers just admit the wall will never be built because of the Fifth Amendment.

(00:04:56)

This is one of those articles that brings us back to a little-known trivia fact that those astute listeners to this show and readers of Above the Law may know, which is that Elie is massively obsessed with the Takings Clause. He is one of those folks who just believes that people losing their property to the government is the worst possible thing that could happen.

Its one more reminder that but for and how awful things are here, he would absolutely be a dude with a gun telling you to get off his property. In any event this article tracks how the efforts to build the wall are going to run into something of a wall when they start trying to take land from ranchers in Texas, which is going to be required because where else would you build a wall but private ranch land.

So that came in at the eighth slot. The seventh slot is another big story of the year, this was co-chair of big law firm charged in college admissions scandal.

Gordon Caplan who at the time was Chairing the Willkie Farr Firm was one of those names that happened to show up in the middle of the Varsity Blues Scandal. This was the scandal where rich people were doing all sorts of unsavory things up to and including pretending their kids played sports or having fake notes to allow their students to have extra time on tests to straight up having other people take tests for them.

Gordon Caplan had worked with one of the principals in this case to get some extensions of time for his daughter to take the test in the hopes that she would go to a better school than she could have gotten into otherwise or maybe she could have. This is the whole problem. People spend a bunch of money to cheat the system without knowing whether or not it mattered.

Caplan has since of course left Willkie Farr and has been sentenced. Theres some conversations about whether or not he will lose his license over this.

The number six story is actually more of a shout out to another organization. This story was the Brett Kavanaugh Valentines Day card is so wrong but so funny and as that sounds really awful, it is, but it is and this was the first of many forays, actually maybe not the first but one of many forays that the website Above the Law has done in conjunction with the Facebook group, Law School Memes for Edgy T14s, which is a group of mostly law students and some may be young lawyers who are kind of playing around in the law student world, who go on Facebook and make memes about the legal industry and put them up and they are a really funny group that weve had the pleasure of kind of informally working with in that we contribute some stuff to that site, and we are big fans of what they do and we sometimes post some of the best entries from that website.

One of which was a Brett Kavanaugh Valentines Day card that was as the title suggests wrong, but funny, and that story managed to make it to the number six most read story of the year. So this is a thank you because this is somewhat joint authored by the good people at Law School Memes for Edgy T14s.

The number five story is a perennial story, I think almost every year of the last several this story has managed to make it into the top ten, just different versions, same story different day. Stop Posting This Facebook Privacy Notice Your Pseudo-Legalese Means Nothing!

Those of you whove ever spent any time on networks like Facebook know that every now and again someone is going to show up, post the thing that says please repost this or else Facebook will take over your life and steal all your identity or whatever.

This is and if it cuts across Ive also seen this on Instagram, its a long-running trope of messing with people who use these social media outlets and this stupid meme that gets sent around is something that we decided to take aim at and we did and that informative post to teach people how they should address the notice that they get every time it pops into their inbox probably from an older relative managed to make it to number five.

Number four is another perennial appearance on this list, The LEAKED 2020 U.S. News Law School Rankings Are Here. Every year or most years anyway, we receive through little birdies advance notice of what the U.S. News & World Report Law School rankings will be and we put them up, which gives the world in particular the pre-law community and the law school community, whos after bragging right, its an opportunity to see where theyre going to fall in the new US News Rankings.

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This year were not all that exciting as the T14 remains mostly the T14. There were previous years where a school fell out of that list and it was a much more exciting year. But this, once again proves that those of you out there reading Above the Law are very interested in where your law schools are ranked and we are here to give it to you before the U.S. News & World Report put it up.

The third highest rated story of the year Donald Trumps presidency is legally over pending Mitch McConnells acknowledgment of his constitutional duties. As you might imagine, this as an Elie story and it is a story about how impeachment operates, and unfortunately, it probably has not stood the test of time, at least to the extent that as we discussed on our most recent episode, before this, theres some argument that thats not how impeachment has to work and that Mitch McConnell may not even have the opportunity to rule on the impeachment articles that were just passed.

But nonetheless, this was an article that saw into the future when it was written and suggested that impeachment was going to happen and that it was up to McConnell to finish it. So that was number three.

Number two was Small Law Firm Lawyer Tells Big Law Team to Eat a Bowl of Dicks During Settlement Negotiations. Im frankly shocked that this was not the number one story of the year however it was something of a recency problem as this story came out relatively soon and theres a chance that with a couple more weeks of the year it could have been number one.

This story involved a small law firm who was representing some plaintiffs suing Allstate who told the big law firm representing the insurer that they should do some stuff; in this case, eat a bowl of dicks was one of the nicer things that they were informed that they should do to themselves.

As it turns out this was a bigger deal when the big law firm cataloged all of the various a sundry profanities thrown in their direction and put it in front of the judge asking for some sanctions.

The follow up on this story was that the judge was not too pleased and has argued that the attorney should resign from the profession which the attorney is refusing to do, but its safe to say that this is going to cost that attorney quite a bit of money and possibly a license down the road.

The number one story of the year was back to the same person who kicked off the entire years list with us and that is Brett Kavanaugh, in this case it was Brett Kavanaughs Chickens Have Come Home to Roost.

This was a story about Susan Collins as it turns out rather than Kavanaugh exactly. It was a quote of Susan Collins, lamenting the way in which supporting Kavanaugh seems to have hurt her electoral standing in Maine, a state that she once thought there was no hope of her ever losing.

So Susan Collins has spent years trying to cultivate an image of being moderate. She chose to break with that image in ways that fellow moderates Republicans like Lisa Murkowski did not and support Brett Kavanaugh and she has since learned that her primary opponent, or most likely opponent I shall say, not a primary opponent, her most likely opponent on the Democratic side in her coming election will have cash to the gills and a pedigree of having been elected to major office in the state already and she, Collins, has started to think that maybe she made a mistake. Not that she would say it quite outright, but she does say in this quote, have I lost votes over this. I mean I think yes I have. Thats certainly not the place where she would like to be.

So, with all of that said that is the Top Ten Stories of the Year on Above the Law. You can check all of them out. We have links to them in a post that will be up outlining the top ten stories. If you want to go back and revisit some of the fun of the year, were all here at Above the Law looking forward to another year of mayhem in the legal profession and we hope you all are too.

With that said, have a Happy New Year and we will talk to you on the other side, Happy 2020.

Oh yes, and at that point we do the things that we usually do.

Thank you for listening. Subscribe, give it reviews. Follow us on Above the Law, reading Above the Law. You should follow Above the Law on Twitter too, thats @atlblog.

You should follow me at @JosephPatrice. Go ahead and follow Elie, he is @ElieNYC. You should listen to all the shows at the Legal Talk Network as well as The Jabot that Kathryn Rubino does, and you should check out Logikcull. And with all that said, now, we will go ahead and say, Happy 2020.

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Outro: If you would like more information about what you heard today, please visit legaltalknetwork.com. You can also find us at abovethelaw.com, atlredline.com, iTunes, RSS, Twitter, and Facebook.

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Read the rest here:
The Top Stories of 2019 - Legal Talk Network