Lawyers: Choose Your Clients Wisely

Before I delve into this topic, click here to listen to the clip of Senator Tom Harkin D-Iowa as he so eloquently voices to his fellow senators, a concern that should raise the eyebrows of all attorneys.

I often tell people there is nothing to really admire about lawyers–we come a dime a dozen.  You can find some of us chasing behind the ambulance that is taking your sick relative to the hospital, or convincing you to pay us for something that you could probably do yourself with basic reading comprehension skills and attention to detail.  But in reality, I love the practice of law! Being a lawyer is one of the most admirable professions despite the bad reputation that often accompanies us.  In order to practice law, an attorney must sit for and pass the bar exam (one of the most grueling tests that one will ever take in one’s entire academic life) of his respective state; an attorney is then sworn in to the bar and takes an oath that starts off similar to this:  “I will support the Constitution of the United States and the Constitution of the State of …”  The most admirable lawyers are those who spend their time upholding our Sixth Amendment Constitutional rights by serving as counsel to indigent people who are accused of criminal offenses.

Debo AdegbileMany lawyers accept pro bono cases because we believe in the importance of providing our expertise to those who need it most.  As such, I am appalled at the Senate’s recent rejection of President Obama’s nomination of Debo Adegbile to lead the Justice Department’s Civil Rights Division.  Their rejection of Mr. Adegbile is a subtle promulgation that attorneys should be mindful of who they choose as a client.  Before I go any further, let me provide a brief description of  Debo Adegbile. He was born to an Irish immigrant mother, who raised him as a single parent, and a Nigerian father.  After attending NYU law school he went on to work for one of the most prestigious law firms in the country. Seven years later, he left the firm to join the NAACP Legal Defense and Education Fund.  As the litigation director, Mr. Adegbile participated in the preparation of a legal brief filed on behalf of Mumia Abu-Jamal, a journalist and convicted cop killer, which led to the reduction of Mr. Abu-Jamal’s sentence from death to life imprisonment. As stated by Dhalia Lithwick, “the historic mandate of the NAACP’s Legal Defense Fund—was to help ensure that the American criminal justice system, and especially the death penalty, is administered fairly and constitutionally. As a representative of an organization that is institutionally dedicated to ensuring that justice is administered fairly, [Adegbile] fought for fairness and…judges agreed that unfairness occurred.”  It is without a doubt that Debo Adegbile is one of the leading civil rights attorneys in the United States and was unquestionably very well suited to be at the helm of the civil rights division of the DOJ.

I am not going to debate whether the conviction of and appeals for Mr. Abu-Jamal are justified because it doesn’t change the fact that he deserves to be represented by counsel.  Our system was created to protect not only the innocent but those who are guilty, to ensure due process for ALL.  So much so that if your client tells you that he is guilty of a crime, you are still obligated to provide him with adequate representation.  However, I can’t help but wonder what if Mr. Adegbile wasn’t a black man defending Mr. Abu-Jamal? Actually, there is no need to wonder because Chief Justice Roberts once defended an unrepentant mass murderer who was recently executed. Yet, Chief Justice Roberts was never questioned, yet alone denied confirmation by the Senate. Nevertheless, Mr. Adegbile’s defense of Mr. Abu-Jamal caused the Senate to indirectly proclaim that Mr. Adegbile was guilty by association.  This Senate vote, and the power of police officers to influence politicians, speaks volumes and should be troubling for every single person in this country. The behavior of police officers has always been questionable as it relates to the black community.  With Mr. Adegbile at the helm of the DOJ Civil Rights Division, the community was certain to have a leader who is especially conscious of civil rights violations against the black community.  More importantly, any person who is ever accused of a heinous, high-profile crime should be concerned that some of the best attorneys in the country may shy away from defending their case.  The life of the accused may end up in the hands of ambulance chasers and attorneys with mediocre litigation skills.

The U.S. Senate has blocked more Obama nominees than all other presidents combined; but the most recent rejection of the President’s nomination of Debo Adegbile should send a chilling message to lawyers throughout the country to choose their clients wisely.

Should the NFL Ban the Use of the N Word?

Recently, my friend Isaac (I was given permission to use his name) reached out to me and suggested that I write a blog post about the NFL’s new ban on the use of the N word. He then decided that he wanted to pen his own thoughts on this topic so I was open to his desire to be a guest blogger. I’ve never had someone else write a post (though I welcome it) so the lawyer in me has the desire to say that the views and opinions expressed by Isaac are solely his own and do not reflect the views and opinions of LIST. I may share my thoughts on this post in the comment section, and I encourage you to do the same. I would love to dialogue and get people’s opinions on this topic.

The NFL is considering a new rule that would allow for the effective ban of the use of the “N” word on the field and possibly in locker rooms. The penalty for use on the field would be A 15 yard penalty would be implemented for use on the field and a monetary fine for use on other property owned by the NFL or one of its teams.

Throughout the remainder of this article I will spell out the actual word for educational purposes as well as to emphasize the difference in spelling and pronunciation that are used today. Let, me first start by saying that the word Nigger is a racist, abhorrent and vile word that has a history of pain and hatred. The word should never be used in any professional or public setting. The word Nigger has a complicated history. The actual origin of the word is unknown but I was told that it is basically a mispronunciation of the Spanish word Negro. The word was then used by the majority population as a term for inferior and less than human. To this day this word, when used by someone outside of the African diaspora, invokes a spirit of deep hatred, racism and xenophobia.

Today, the word Nigga is used commonly in the hip hop culture. It is simply a phonetic mispronunciation of the word Nigger by urban youths. The spelling using “er” was eventually replace with an “a” after several hip hop artist began to do so in the late 1980’s. The “a” was not added to differentiate the word Nigger from Nigga. In the late 80’s, and still to this day, urban youths began a practice of spelling words how they pronounce them instead of using their actual spelling. This was done with all words. For example, with became wit’, soldier became soljah, little became lil’, and so many more examples that I will not list (LIST: I’ll save my concern about what this has done to the academics of our youths for another post). However, at the time when NWA deemed them self Niggas With Attitude, you can best believe they meant Niggers.

The word Nigger, Nigga, or however else you want to spell it has been used by Blacks for a lot longer than the evolution of Hip Hip in the late 70’s and early 80’s. My parents, grandparents and great grandparents all used the term Nigger. This use was even in the height of the civil rights movement. At that time, the word was not used as a term of endearment. The word more so developed into a way for Blacks to challenge the use of the word by Whites. In other words, Blacks adopted the concept that if you want to call me a Nigger, well then I will show you just how much of a Nigger I can be. The word then evolved to be cool because in our society it sometimes cool to be bad. This is the same thing with the Hip Hop generation who are emulating their elders. Bad means good and being bad is cool. Nigga is just another way of saying I’m bad and you may not want to mess with me. What makes the word endearing, in a sick and twisted way, is that by calling you bad I am acknowledging your “gangsta” or superior street prowess.

So let’s get back to the NFL. There is now a generation of adults that grew up with the term bad meaning good. There is also a generation of adults that, because of music and television, grew up with the using the word Nigger in very public forums. Also, with professional sports we are in an era where physically talented inner city youths are exploited for their talents and education is secondary to those talents. I believe that the use of the “N” words (both of them) are acceptable in certain segments of the Black community. However, there used to be rules for its usage. We were never allowed to use the word in mixed company or publicize the use of the word.

Now that the word is used so freely among African-Americans, does it invite the use of the word by non-Blacks? Can Latinos use it, can Asians, can Whites use it with permission? The answer to that question is no. The reason is that no one person holds the copyright to the word. One black person may not care but another will be very offended.

With that in mind, the word should in no shape or form be legislated because it is too difficult to enforce. In order to enforce this rule accurately the NFL must be able to understand context. If an athlete is shouting the word Nigger to an opposing team member then he should absolutely be subject to a penalty. On the other hand, if he is speaking directly to a player on his own team then it should not be a penalty. Similarly, if I am in a private conversation, just because you can hear my conversation doesn’t mean that that conversation is any of your business.

Additionally, the NFL is 70% Black. I would venture to say that no White person is on the field calling a Black player a Nigger. If they did, a fight would likely ensue. Therefore, what the NFL is really trying to do is legislate how Black people talk to Black people. This is inappropriate and another example of White privilege.

A recent issue was raised with Trent Williams of the Washington Redskins (this is probably why the officials want to be able to call this penalty). Williams was called for a penalty and disagreed with the call. In expressing his frustration, it is alleged that he used the word Nigger in reference to the official who was White. Trent Williams denies using the word in reference to the official but this brings up a valid argument.

Sometimes, Black people used the word Nigger in a disparaging way towards each other and even other races. It is usually in the form of several curse words followed by the work Nigger for emphasis. This concept muddies the waters because when used this way, although not necessarily intended as a racist remark, it is still being used in a negative and hurtful manner. How do we handle the use of the “N” word? My answer is you don’t.  Again, if someone uses the word in a negative context then they are intending to demean you.  So if the NFL wants to penalize something then penalize the use of any disparaging term.  A rule stating that you cannot verbally attack an official would solve that whole issue without even touching the use of the “N” word.

Do Black Lives Matter in America?

America is racist. But you didn’t need me to tell you that. Voting for a Black president has not transcended us to a post-racial society. We continually observe (and believe) that the value of a Black life is inferior to that of a white person’s.

I was not born in the United States. The majority of the people who live in the island in which I hail from are Black. One’s race is rarely a factor. Beauty is measured by the lightness of one’s complexion; lack of such beauty and the benefits accompanying it can be overcome by wealth. In other words, classism supersedes racism where I come from. So when I arrived in the United States over 27 years ago, I didn’t know the first thing about racism.  What I have learned since then is that Black lives don’t matter.

Racism throughout history has shaped our thoughts

Over time, I’ve experienced the subtle and not so subtle illustrations of racist America. I have come to understand that the inequities perpetrated by whites against blacks for centuries is now engrained into the subconscious of all of us. The pervasiveness of inequality stems from Black people’s fight to survive, coupled with a sense of powerlessness, acceptance of our place in society and complacency based on an illusory belief that Blacks are better off than we were 200 years ago. It is this reality that causes us to accept slave masters raping women, or to overlook the subtleties of depicting a Black man as barbaric. It has been engrained in us that if you come from a two-parent household, don’t sag your pants and you are articulate, then you will be accepted in society and won’t face the same obstacles as other Blacks. Or, because America was courageous enough to place a Black man at the helm of leading our country, then all of us should believe that we are now living in a post-racial society. It is also the subtle manner in which whites have caused Blacks to turn on each other by berating one another and becoming a divisive group.

Subtlety of racism in our laws

What makes Michael Dunn pull a gun on four unarmed young teens? Because our society has proven he can get away with murder. History has devalued the lives of Black males. As Thomas Jefferson once stated in 1820,”I consider a woman who brings a child every two years as more profitable than the best man of the farm.  What she produces is an addition to the capital, while his labors disappear in mere consumption.”  In 1955 Mississippi, Emmett Till’s alleged whistling at a white lady was grounds for beating him to death and being acquitted for his murder. In 2013 Florida, Trayvon Martin was gunned down because he appeared suspicious while walking through a neighborhood holding candy and a drink with a hood on his head. His perpetrator was also acquitted.

This isn’t a sensationalization of these events.  Just as we had laws endorsing slavery, we now have laws that circumvent the value of a Black person’s life.  Raising the defense that you had to protect yourself from the Black aggressor who you believe to want to harm you is sufficient to acquit a non-Black person for killing a Black man. Although George Zimmerman did not invoke the “Stand Your Ground” defense, this law is currently on the books in 16 states while 19 other states across the U.S. have some variation of the law. This means that white people like Michael Dunn no longer have to cross the street in fear of the unarmed Black man walking toward them, nor ignore the loud “thug” music coming from a Black person’s car. Rather, a white person can simply stand his ground and use deadly force if he believes a Black person is threatening his life.  It appears that Dunn’s only mistake on that day at the gas station was leaving three of the four boys alive.

This isn’t a southern problem. Racism and the lack of value placed on the lives of Black men is America’s problem.  We want to believe that justice is applied equally when in reality our crime prevention and enforcement laws and policies disproportionately target people of color.  Statistically, most murders are intra-racial. In other words, most white homicides are perpetrated by white offenders. Yet, the media only emphasizes that “black on black” crime is the primary cause of the deaths of Black men.  In a 2012 Urban Institute study, killings of Black people by whites were far more likely to be considered justified than killings of white people by Blacks.  When PBS Frontline asked the analyst of the study to make a comparison between states with and without Stand Your Ground laws, he observed that in most states, whites who kill Blacks were 250 percent more likely to be found justified than whites who kill other whites. In states with Stand Your Ground laws however, that statistic jumps to 354 percent.  With these types of data, one should understand the righteous indignation by many Blacks at the fact that a jury could not determine whether Michael Dunn was guilty of murdering Jordan Davis.  As is often said, justice is never applied equally–especially when the victim is black.

How to combat the problem?

I read many articles on these topics and often share in the anger and frustration exhibited by the authors. However, rarely do those articles provide a means or ways that its readers can effect change.  Although this isn’t an exhaustive list of solutions, here are a few: (1) we need to start educating ourselves on our rights as citizens and ensure that we are reaching young black boys and girls; (2) read and stay abreast of laws that are created in your state as well as federal laws; (3) understand the implications that the laws have on your daily life. Perform your civic duties: (4) Vote for every elected official that will have an influence on creating and enforcing the laws of your country, state, city, county, etc.–these laws aren’t magically appearing on the books; and (5) show up for jury duty. Emmett Till’s assailants had an all-white jury. George Zimmerman had no black members on his jury.

I hope there will come a time in the future when our great great grandchildren can look back on today and genuinely recognize that there has been a drastic change in the manner in which Blacks are treated in the U.S., and racism and injustices against Blacks will become less prevalent. I hope there will come a time when Blacks can say America was racist. But you didn’t need me to tell you that.

South Africa Adventures–The Art of Negotiating and Robben Island

After a long and relaxing day on the beach, we realized we only had a few more days left in Cape Town and hadn’t done much shopping.  Therefore, we woke up early and headed over to Green Market Square to haggle with vendors.  I didn’t bring my camera to take any pictures because we could not appear to be tourists.  But it didn’t matter because mom was a walking “I have money” target.  I tried to give her a few phrases that she could use so that she did not have to be a dead giveaway that she was American.  I told her should could say sawubona (hello) and unjani (how are you) which is the isiZulu greeting.  After that, nothing else should be said until negotiating the price of an item.  Mom refused to cooperate with me on this.  As we approached the first vendor he greeted us with a deep African accent, “hello mama, hello sista.”  Mom responded with a smile, saying “hello”.  His next question was “where are you from?” Before I could reply, mom quickly interjected “the United States.”  There goes my plan.  I bowed my head an walked away, afraid of what was going to happen next.  A few minutes later I saw him showing mom some artwork.  I hurried over before she pulled out any money and made a greater mistake.  “How much?” I asked. “For you and mama, I give special price,” he replied.  Yeah right, special American price.  Then he quoted her ZAR450. Wait, come again! Did he….huh….yes…I did just say 450 Rand.  “What?!” I responded.  “You want her to pay ZAR450?! Eish man! Cha!”  Cha is “no” in isiZulu.  As we walked away we could hear him saying “come back sistah; what price you want to pay?”  In that moment, mom realized that every price for goods in Green Market Square was negotiable and if she wanted something it was important for them to think we were non-American.  A few minutes later, I walked over to another vendor and was able to negotiate a “local” price of ZAR125 for a similar artwork (this is still overpriced, but not price gouging like the other vendor).

imageAfter haggling and purchasing up a few souvenirs in Green Market Square, we headed back to the waterfront to have lunch and embark on the ferry journey over to Robben Island.  The current was strong so at times the trip felt like a roller coaster ride at sea.  Mom was fascinated to learn about where Nelson Mandela spent the majority of his imprisonment.  Kjotso, a former political prisoner led a portion of our tour.  He described what life was like for many of those who were imprisoned on Robben Island.  The very first time I visited Robben Island, it was a very somber place.  However, this tour seemed like more of a tourist attraction.  There were portions of the prison that visitors could no longer get close to based on orders of the South Africa Minister of Arts and Culture (according to our tour guide).  Due to the holiday season, our tour was three times as large as my previous tour.  Mom and I took pictures and explored the grounds for a while, causing us to miss our ferry back to the waterfront.  As a result, we had to wait for the next ferry.  The driver of the this ferry must have been a speed boat racer because he was speeding through the water causing mom to become fearful.  Mom was practically squeezing the life out of the four-year-old little girl who sat next to her.  Her parents were very friendly and understanding.  We chatted with them briefly–they were from Pretoria (near Johannesburg) and came to Cape Town for holiday.  The mother asked us how our stay in the country had been thus far.  I explained that we were having a great time.  She remarked that she was sure South Africans didn’t know what to make of us.  This was the first person to understand what our experience has been like when interacting with locals.  Most often, mom and I are two of a handful of black people dining in the restaurant (the majority of the wait staff are usually black).  When we frequent areas where there are black locals, we also stand out.  Oftentimes, they  stare at us in bewilderment.  Maybe it’s because we smile and say hello to everyone we see.  Most people we encountered were friendly so standing out didn’t affect us.

On our drive back to the flat after leaving Robben Island, mom asked whether Table Mountain was on our itinerary.  Table Mountain is a prominent Cape Town landmark and a beautiful backdrop to the city.  It is approximately 3,558 feet and as I mentioned in a previous post, mom is deathly afraid of heights.  So I immediately responded by telling her that Table Mountain was not a planned stop.  She insisted that she wanted to overcome her fear of heights so we too a detour and I drove to the mountain.  As we ascended to the base of the mountain from the city (approximately 15 minute drive), mom repeated in a heavier than usual Jamaican accent, “LIST tek yuh time!”  I was barely driving 20 mph on a 60 mph road! there was no way we would make it to the top of the mountain at this rate. Mom’s palms were sweating and the mood in the car became very somber. As we turned into the entry for Table Mountain she started to let out large sighing sounds. We arrived in the parking area. Mom was frozen and did not want to exit the car. “Mom we have to get a ticket for the cable car,” I repeated twice before mom responded. “I can’t do it,” she said. Sigh.. I wasn’t going to force her because if it were up to me, we would not have gone because I know the depth of her fear of heights. I tried to convince her to at least come out of the car and take a picture at the base of the mountain which still provided a great view of the city. Once she refused, I came out to take a picture of the view for her then we slowly made our way down the base of the mountain and back to the flat.

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We had dinner at Baia and that was probably the best dinner I had during our stay.  I tried to keep up with Ace by clearing my plate.  By the time the meal was over I was so stuffed I didn’t feel well for the remainder of the night as I walked around with a belly that appeared to look 5 months pregnant.  We tried to walk it off to no avail.  Looking back, I don’t regret it. 🙂

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President Obama’s Gift to Minority Communities

Many people (including myself) have criticized President Obama for not sufficiently focusing on issues affecting minority communities. Black leaders have castigated Obama for not doing enough for “his people” since his tenure in the White House. I have vacillated in my opinion on how much President Obama can solely influence policy and change laws from the Oval Office. However, it disappoints me to see the continued suffering of minorities especially with our first African-American president leads our country. According to the National Journal:

  • the net wealth for Black families dropped by 27.1% during the recession;
  • currently, one in 15 African-American men is incarcerated, compared with one in 106 white men;
  • Blacks comprise 38% of inmates currently in state and federal prisons; and
  • although only 13.8% of the U.S. population, African-Americans represent 27% of those living below the poverty line.

When President Obama took office, many African-Americans were hopeful that the Executive Branch of our government would look out for their best interest. Last month, following the repeal of Section 4 of the Voting Rights Act, it was clear to African-Americans that the U.S. Supreme Court held the rights of gays and lesbians in America as more important than the rights of African-Americans. Congress continues to attempt to strike down ObamaCare and maintain an impasse on immigration reform. Congress has also stripped funding of the U.S. food stamp program while passing the Farm Bill pumping additional monies into the farm subsidy program—when was the last time you purchased produce or a cotton shirt that was grown or manufactured in the U.S.? Throughout all of the new policies and laws recently implemented by Congress, the African-American community continues to ask, “wassup with our Black president?!”

President Obama has been known to resist honing in on race-specific issues. Rather, he has chosen to focus his goals on improving the livelihood of the middle class. Obama’s specific speeches on race and blacks can be counted on one hand. In March 2008, then-presidential candidate/Senator Barak Obama delivered a speech in Philadelphia titled “We The People.” The speech was prompted by a racially charged sermon by the President’s former pastor, Reverend Jeremiah Wright. Obama spoke about being born “the son of a black man from Kenya and a white woman from Kansas.” He also recounted that “a lack of economic opportunity among Black men, and the shame and frustration that came from not being able to provide for one’s family, contributed to the erosion of black families—a problem that welfare policies for many years may have worsened.” He referenced the word “black” thirty-nine times during his speech. African-Americans galvanized following his speech focused on race, and eight months later elected him as our first Black president.

Throughout his time in office, President Obama has continued to live up to his creed that he is the “president of all America.” As president, members of Congress have criticized him for not doing more to focus on issues affecting Black communities. His next speech on race came five years later when he addressed the graduates at Morehouse College, an all-male HBCU. Although his speech was not primarily focused on race issues, Obama touched on the topic when he said:

We’ve got no time for excuses—not because the bitter legacies of slavery and segregation have vanished entirely; they haven’t. Not because racism and discrimination no longer exist; that’s still out there. It’s just that in today’s hyper-connected hyper-competitive world, with a billion young people from China and India and Brazil entering the global workforce alongside you, nobody is going to give you anything you haven’t earned. And whatever hardships you may experience because of your race, they pale in comparison to the hardships previous generations endured—and overcame.

Two months later, President Obama was back at a podium to discuss the issue of race. Following the national fallout of the George Zimmerman verdict for shooting Trayvon Martin, Obama came to a press briefing in the White House where he gave unprepared remarks (days after putting out a lackluster statement on the incident) on being a black male in the United States. Despite all of these speeches about race, President Obama has not supported his statements with evidenced changes within the black community—or so I thought until this past Monday.

While Obama selected his cabinet for his second term in office he was chastised by the lack of minorities in leadership positions. As he named his new selections, the cabinet was gearing up to consist of fewer women and minorities than his first term. The man I elected to lead our country—TWICE was bemusing me! But, this Monday I finally saw the big picture. President Obama didn’t have to make speeches on race and overtly state that he had my back and the back of minorities in this country. He made that clear, when on December 1, 2008 he nominated his friend Eric Holder, to become the U.S. Attorney General.

Eric Holder is the 82nd U.S. Attorney General and the first African-American to hold this position. He has been criticized, chastised and held in contempt by members of Congress, and despite the reproach he has continued to hold his own and carry out his duties as the highest-ranking government attorney in the United States. When the Supreme Court overturned a portion of the Voting Rights Act, Holder ensured that the Justice Department would use “every tool at [their] disposal to stand against discrimination.” Holder is leading the charge on the Justice Department’s challenge of the South Carolina voter ID law and a Texas redistricting plan.

In the wake of the acquittal of George Zimmerman for the murder of Trayvon Martin, Eric Holder reminded us that the tragedy provided us with an opportunity to revisit the dialogue on U.S. race issues through a speech to the NAACP. Despite the racially charged conversations that were occurring following the Zimmerman trial, Holder showed no hesitation in raising his concerns on the role race played in the tragedy. He vowed to take a closer look at the impact of state “Stand Your Ground” laws and described the conversation he was forced to have with his fifteen-year-old son:

Trayvon’s death last spring caused me to sit down to have a conversation with my own 15-year-old son, like my dad did with me. This was a father-son tradition I hoped would not need to be handed down. But as a father who loves his son and who is more knowing in the ways of the world, I had to do this to protect my boy. I am his father and it is my responsibility, not to burden him with the baggage of eras long gone, but to make him aware of the world he must still confront. This is a sad reality in a nation that is changing for the better in so many ways…. As important as it was, I am determined to do everything in my power to ensure that the kind of talk I had with my son isn’t the only conversation that we engage in as a result of these tragic events.

On Monday, Holder revealed his overhaul of the Justice Department’s approach to reforming certain criminal laws by cutting mandatory minimum drug sentences. Holder addressed the unwarranted disparities that such laws created between minority and white communities. He acknowledged the role that the government played in exacerbating the problems related to poverty, criminality and incarceration in many minority communities. There is no denying that addressing these drug sentences will have a greater impact on minority offenders. Holder is not only an attorney who seeks to reform the injustices of Blacks and Latinos; he has aimed to ensure that no minority group faces injustices at the hands of the government. For example, Holder decided to cease the DOJ’s defense of the constitutionality of the Defense of Marriage Act nearly two years before the Supreme Court found the law unconstitutional.

Unlike the role that our President plays, Eric Holder is at the helm of our federal judicial system and has the ability to control the manner in which our laws are enforced. He recognizes that the method for prosecuting certain crimes and the sentencing criteria has disproportionately impacted minorities. This may lessen his chances of every gaining a seat on the country’s highest court; however, Holder is ensuring that he leaves his mark on U.S. history. It is unclear whether President Obama knew at the time he nominated Holder to lead the Department of Justice that Holder would become his gateway to directly helping minority communities. Nevertheless, kudos to Obama for his wise selection, and for not replacing Holder in his second term. As for Attorney General Eric Holder, thank you for addressing the inequities in minority communities.

Obama and Holder

Get Out and Vote!

The other day my mother called me as I was busy at work.  As I answered hurriedly she asked me if I could research the names of  candidates who were running for office in Florida.  My first reaction was are you kidding me?  Does she think I go to work to surf the internet? But then I thought to myself, my mom, an immigrant of this country, understood the importance of casting her vote and she wanted it to be for the right candidates.  So I stopped what I was working on and performed a cursory search for the names she provided me (not to mention you can’t tell my mother no).  After skimming Wikipedia, I told her the first candidate she asked about was a key proponent of the impeachment of President Clinton–according to my mother, that was an immediate no-vote for him.  My mother is a registered Republican but doesn’t always vote along party lines.  Along with the candidates she had pre-determined she would vote for, I armed her with a few additional tidbits on the others so she could feel like she was making a sound decision.  There was no true science to who she voted for when she walked into that voting booth to cast her early vote, but the most important thing was that she voted.

I still remember two years ago where I was and who I was with as I watched Wolf Blitzer on CNN announce that Barack Obama was the new president of the United States.  Whether you voted for him or not, it was great to be alive for such a historical period.  Fast forward two years later.  Has America changed since Obama has become our new president?  The answer to this question may differ among some of us.  Whether you think our president is doing a great job or whether you believe that the right wing needs more power to keep him accountable, it’s the mid-term elections and we all need to exercise our civic duty and get out and vote!

Res Ipsa Loquitur–Taking Your Spouse’s Lover to Court

Dear Other Woman:

You have been summoned to appear in court to answer to this lawsuit and pay me for the pain and suffering you have caused me by sleeping with my husband.

Sounds crazy?  Well it’s not if you live in the state of North Carolina.  As I was getting ready for work yesterday morning I heard on the news that the singer/actress Fantasia Barrino attempted suicide on Monday after reading the complaint filed in a North Carolina district court by the wife of the man she had been carrying on a public affair with.

North Carolina is one of the few states which allows a spouse to sue a third party who interferes with a marriage.  Thus, the wife of Fantasia’s loverboy could sue her for restitution.  Is this law fair?  I recently found out that this law existed (they didn’t teach this useful tidbit in my family law class) but I never gave it much thought until now.  Could this law preclude married men and women from cheating?  If a man knew that he could be sued by the husband of the woman he is sleeping with, would that man think twice?  Would a woman reconsider before hollerin’ at a man with a wedding ring on his finger if she knew his wife could take her to court?

The law is a powerful tool and oftentimes it dictates our actions more than our morals.  One may view our laws, not as a way of keeping order and protecting citizens, but rather, as a tool which guides our moral compass.  Therefore, more states should join North Carolina in this Criminal Conversion law.  The law gets even better—a paramour cannot use the defenses that he/she didn’t know that the plaintiff’s spouse was married, or claim that the plaintiff’s spouse consented to their sexual relations (similar to statutory rape laws).  Therefore, the primary defense to a claim of criminal conversion is that the defendant believed that the plaintiff and his/her spouse were separated with the intent to divorce.  Anyway enough of the legal lesson…the bottom line is, you mess with another person’s spouse in North Carolina and you may find yourself in court.

Many people, myself included, may think this is a newly enacted law.  Wrong.  North Carolina has been putting down the gauntlet on cheaters as far back as the 1920’s.  In 1926, a jury awarded $12,000 to a wife who sued her husband’s lover.  In 1990 a jury awarded $300,000 in punitive damages to a spouse, and another jury awarded $1.2 million against a husband’s paramour as compensation to a jilted wife (seems like the women of NC know all about this law).

To all those bitter, angry soon-to-be-divorced men and women out there, due to adulterous spouses, petition your Congress person to adopt North Carolina’s anti-adultery alienation of affection and criminal conversion law.  Even if you’re not married, call your Congress person—you could potentially prevent an affair by your future husband or wife.  Although greater awareness of this law may cause the marriage rate to decline, the law may also facilitate in decreasing the rate of divorces.

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