Henry, a regularly contributing author, protesting economic disparity

As you know, my students wrote appellate briefs about a fictional Occupy situation.  They are now in the practice rounds of moot court (and doing really well, if I do say so myself).  Here is one of our regular contributors, Henry, practicing the opening to his oral argument and delving into a general protest about this country's economic disparity:

As you can tell, Ella the Dog (the primary author of this blog) tries to calm Henry down when he begins getting too dramatic -- let's use our case law not our emotions.  

Another case of error that cost a man twenty-five years of his life

By now, you've figured out that one of my major concerns with the death penalty is that we (as humans and society) make mistakes and that once an execution has happened, there is no way to fix that mistake.  Here is yet one more example of a dramatic case of an innocent man being convicted and sent to prison for killing his wife:  60 Minutes -- Michael Morton

What is interesting about this particular case is that the prosecutor of Michael Morton's case is being investigated for ethical misconduct and Brady violations.  There was potentially exculpatory evidence (turned out actually to prove Michael's innocence) that the prosecutor not only did not reveal to the defense but he also may have hid it.  Swell.

Several weeks ago, John Raley, Michael Morton's local Texas attorney who worked with The Innocence Project, spoke at the law school.  He gave a moving presentation, and best of all, Michael Morton was there in person for us all to see.

Thinking a little beyond the case, if Michael Morton had been tried once the Supreme Court re-permitted the death penalty, he would have received capital punishment, and he would have already been executed by the State of Texas.  A second Todd Willingham.  When will we learn?  

San Francisco's Unusual Ban -- No Tic Tac Toe for Chickens

I am brushing up on all of the podcasts I've downloaded, and this morning, while driving to school, I listened to This American Life's Poultry Slam.  I believe it was from Thanksgiving time, and it was wholly focused on poultry.  The first story was about a capital case defense attorney trying to argue that her mentally retarded and clinically insane client should not be executed because he could not understand what that meant  (in fact, he thought he was going to be reupholstered).  The State's psychiatrist who testified that the inmate understood what an execution meant explained her logic by saying that she played tic tac toe with the inmate and he won.  The defense attorney immediately thought of chickens at southern county fairs that play tic tac toe, and she tried to get the chicken admitted to rebut the psychiatrist's testimony.  Well, the defense attorney was not permitted to enter the chicken in evidence, in any capacity, and the inmate was not executed, but later, San Francisco actually developed a wacky little ordinance that banned chickens from playing tic tac toe because of the government interest in preventing animal cruelty.

Want to read more?  Check it out:  This American Life -- Chicken Tic Tac Toe


p.s.  the two other stories in the podcast are definitely worth hearing:  one is on Tom the Turkey, who terrorized Martha's Vineyard and was eventually shot by the police; and the other is on raising geese naturally for them to naturally produce foie gras.  

Raise an Al to the paca

Those who know me well enough so that I share my crazy outlandish schemes and dreams with them know that I yearn to have a couple of alpacas.  In fact, I've yearned for this ever since 2007, when I was first introduced to the idea of raising alpacas on farms in the US and experienced the cozy goodness of alpaca fleece.  Obviously, after my trip to Peru this summer, my love of alpacas was heightened.  When I came to OKC, I immediately went to the state fair, and while there, I signed myself up for an alpaca farm listserve.  Well, low and behold, I just found this Mo Rocca piece on CBS Sunday Morning's website where he interviewed an alpaca farm owner.  Check it out:  http://www.cbsnews.com/video/watch/?id=7403164n&tag=contentMain;contentBody

In addition, here are some pics of me with the Peruvian alpacas:

And for those who don't know the difference between alpacas and llamas, here are some Peruvian llamas:

I personally think the llama with the tri-colored face is the most beautiful.

Two new SCOTUS opinions for criminal defendants and attorneys

Ahh, the votes were tight:  5-4 in both opinions.  Just released are two opinions from SCOTUS that essentially widen a convicted defendant's rights to post-conviction relief.  If the defendant was not informed of a plea deal, or if the defendant can show that he (using he to mean all humans) refused the plea deal based on really bad advice from his lawyer, then the defendant might be entitled to PC relief based on ineffective assistance of counsel.  Oh yes.  The conservative justices authored catty dissents, as they are prone to do when they don't get their way.

Missouri v. Frye:  http://www.supremecourt.gov/opinions/11pdf/10-444.pdf

Lafler v. Cooper:  http://www.supremecourt.gov/opinions/11pdf/10-209.pdf

Examples of Good Writing: The Mercy Papers

A few weeks ago, I picked up a copy of Robin Romm's The Mercy Papers from the Oklahoma City Friends of the Library Book Sale.  The book is essentially a memoir of the last three weeks of her mother's life, as her mother died of breast cancer.  I believe her mother was 56 when she died, and Robin was not yet 30.  It was strikingly similar to my experience, except that her mother had known about and fought her cancer for 9 years, while mine knew about hers and fought it for 9 months.

While the book's overall writing showed a young author's work, and it could have been written better, it had some remarkably astute and well-written passages.  I thought I'd share those passages with you.  Some of the passages were chosen for their words, some for the images they conjured, and some for the perfectly honest portrayal of how I felt at that exact moment.

"My mother is the only person ever to love me selflessly and she is dying.  I need someone to drop everything, to come running." p. 71

"No one but my mother is here for me.  She is the only one." p. 73  (Written in juxtaposition to the household of people and dogs she lived in at that time.)

"Women stop their lives; they're programmed that way."  p. 74  (Struck me as particularly appropriate because, like the author and her mother's friends, I stopped my life and dropped everything I had to be with my mom in her last nine months.)

"We brush up against the end every day. . . .  The ticking of the clock has gotten so loud."  p. 74  (Discussing the anxiety of not knowing when death will come but knowing it is just around the corner.)

"If there's quiet, I will think only of my mother, whether she is alive, whether this time is just time I am not spending with her."  p. 75  (I took a trip in July 2009 to Martha's Vineyard and Maine, and during the whole trip I was overcome with thoughts of missing time with my mom.)

"But I need to go home."  p. 77 (The realization of her own stopping of her life to go be at her mother's side.)

"Her skin is going lifeless, though she still occupies it."  p. 80  (I remember my mom's skin turning very cold, clammy, and gray.  Although she was still alive, she was slowly slipping out of her body.)

"And I realize now, in the dark room, that I am not ready, that I will never be ready, that her death will change me even though I've understood that it's been coming for nine years.  And all the changes won't be hopeful . . . . Some of the changes will be only pain."  p. 83

" . . . because her movements and thoughts patterns are my own . . ."  p. 101

"And when my mom dies it will be crushing pain, a silence that will fill me and break me over and over again, daily, relentlessly."  p.101

"If we are going to use our tiny reserve of energy to strike up conversation with a strange, well, it might as well be with God.  No one else is useful.  Not that God is being very useful  -- up there punching buttons on his death remote, smirking away."  p. 124

"After she died, there will be hours and days and nights of missing her, of a pain that keeps us awake, gnawing at us.  It will have no answer, no antidote.  That will be our blessing."  p.  151  (In response to people telling her that death would really be a blessing.)

"My mother who is covered by a black bag up to her chin."  p.  176

"Now it would be the outfit I wore to my mother's funeral.  I would never be able to put that skirt on without remembering this moment . . ."  p.  184

"I knew about smell, the way it skips over your intellect, like the clicker with the amygdala, and indeed, it made me cry, though the tears felt jagged and unsatisfying."  p. 185-86.

"I am partly in that world.  But I have one arm in another place, a place beyond the wall, through that portal.  I can feel something creeping into the numbness.  A largeness.  A mystery."  p. 193

O-H-I-O --- so much to say

A friend of mine from college seems to be surrounded by people from Ohio.  Nearly all of her closest friends are from Ohio or have some strong Ohio connection.  We all happen to lean to the left side of the political spectrum, as well.  Accordingly, they found this clip, and they passed it on to her, and she gave it to me.  I'm outright laughing because it so clearly explains what happens in the political realm of that crazy sweatpant-wearing state (and let me clarify that when I lived there, I was one of the few liberals in the entire Cincinnati area).  Good old fashioned political mockery.  Check it out:  http://www.youtube.com/watch?v=fr3ftmvO7Oc

the Occupy movement

So my students are busy addressing constitutional issues that arose from a fictional Occupy scenario.  In our scenario, the protagonist was arrested at a protest and suffered medical injuries.  Well, in real life, the Occupy movement goes on.  Just this weekend, the NYPD broke into Zuccotti Park and began arresting protesters.  Specifically, the police "formed a human ring" around the park, and they brought in a transit bus to remove the protesters.  Of course, there were some protesters who refused to go, and they were arrested.  One woman suffered medical issues, and she was taken away in an ambulance to be treated (way to protect yourself from a potential 1983 claim, NYPD!  obviously, more importantly, way to treat someone's real medical need.).  The tenor of the movement is changing, though, as spring sets in.  The money supporting the protesters is diminishing, which will test its longevity (it seems like a throwback to the days of yore when the rich would just outlast the poor based on resources), and they are now warning of a somewhat Arab Spring-like event.  We shall see if the Occupy movement actually does "grow flowers" or if it just gets trampled into springtime mud.

See http://www.huffingtonpost.com/2012/03/18/occupy-6-month-anniversary-zucotti-arrests_n_1356111.html

Played his chances, and he lost

Dharun Ravi's last offer from the prosecution was a guilty plea in return for no jail time but a lot of community service and probably some other odds and ends.  He rejected it, believing that he had done nothing that was legally culpable.  The jury, which deliberated over twelve hours, disagreed.  Now, Ravi is facing a sentencing hearing that will determine how much of up to ten years he'll be spending in prison. I'm sure he will appeal, but for now, he played his chances, and he lost.

For more background information, see my post about the NYer article.

Here is an article about the guilty verdict: http://www.huffingtonpost.com/2012/03/16/dharun-ravi-guilty-of-invasion-of-privacy_n_1353616.html

Aaaand we've reached a new low . . .

Arizona now has a bill in its state legislature that would require women to show proof of a medical need (those worthy would be endometriosis, ovarian cysts, etc.) to take hormonal birth control pills to have their medication covered by insurance.  If a woman is taking the pills purely to prevent pregnancy, then she needs to pay for the pills herself.  See  http://www.huffingtonpost.com/2012/03/14/arizona-birth-control-bill-contraception-medical-reasons_n_1344557.html?ref=mostpopular

I mean, really?  I think the real low point of the article was the quote from the bill's sponsor that compared the United States to the Soviet Union for requiring "mom and pop businesses" to support "immoral" behavior.  What???  There are so many problems with that statement that I don't even know where to begin.  My question is whether it would be acceptable to be married and have sex and use oral contraceptives purely to avoid being pregnant but unacceptable if you were unmarried, or is it an across-the-board "no pregnancy prevention for you!" declaration of sorts???  In addition, let me point out that, per the Guttmacher Institute's report on teenage pregnancy, Arizona was 3rd in the nation with highest teenager pregnancy rates.  (See  http://www.guttmacher.org/pubs/USTPtrends.pdf)  Are you sure that you want to be taking away oral contraceptives???  Let me also point out that Arizona has a higher rate than the national average of single-parent households, families living under the poverty rate, and unemployed parents.  (See http://www.thenationalcampaign.org/state-data/state-profile.aspx?state=arizona).  Now, I realize that theoretically, the bill is talking about effecting employed Arizonians, but considering that the state is in the bottom-half of the stats, I would think that the state would want to give everyone the most help they could to prevent pregnancies to women who cannot adequately provide for the potential child, and by "provide" I mean in a multitude of ways, not just financially.

Again, it seems that the conservative right is becoming more and more extreme and is seeking to limit people's rights under the guise of expanding rights.  Essentially, this makes me flex my fingers in an exasperated way and want to shake these people until they get it together.  Where is our common ground???  I don't know at this point.  If I was really juvenile and wanting to go to a really absurd extreme (and if I was involved in any way, shape, or form), I'd test out how far I could get with a bill permitting employers to reject covering throat and lung cancer treatment unless the person could show that he or she was not a smoker "because of moral objections" to smoking.  Oh, yeah, see how you like that, Arizona.  Of course, I am not juvenile (I hope), and I believe in trying to find a common ground to resolve points of contention, and, most importantly, I am not involved in any way, shape, or form.  But know that I'm protesting here and now the utter ridiculousness of this bill.

A Warming of My Heart

Today was my last class with my students.  It saddens me so much to know that they are going on their ways.  I have absolutely loved getting to know each and every one of them.  As I wrapped up class today, I expressed my gratitude to them and my observations on how much they have achieved.  In both classes, I was thanked with a standing ovation.  It brought tears to my eyes.  This has been a long road of improvement for both of us.  We started out as novices, and we rose to each others' challenges.  I am incredibly thankful for the time I've spent with these students, and I wish them all well from the bottom of my heart.

Totally unrelated --- Daisy is in the clink

To give you an update on Daisy, our visiting scholar --- she's in the clink.  She got into a bad fight with a smaller dog at her new home, and the smaller dog (Jack) ended up needing 6 stitches.  Bad news for Daisy.  She's now being kept separately from Jack and the other dog at the house, and the owners are looking for a new home.  Essentially, Jack is the dominant dog, and Daisy has challenged that dominance.  The problem is that by hurting Jack, Daisy isn't endearing herself to her new owners.  Yep, she's in the clink.

I can see my students becoming lawyers!

This past weekend, my students turned in their rough drafts of their appellate briefs.  In addition, today, we held mini-oral arguments on topics of their choice (topics ranged from sports, giraffes, bagel breakfast sandwiches, Twilight, musicals, macaroni and cheese, etc.).  For the mini-orals, they had to begin with "May it please the court, my name is _____."  They also had to field questions from judges, end on time, and thank the court.  With both the rough drafts and the mini-oral arguments, I can see my students beginning to take shape as lawyers!!!  It is so exciting, and it is so appropriate for spring!  I feel like they are little daffodils that I planted in the fall that are now coming up and blooming.  They are beginning to understand cites, they are beginning to understand decorum, they are beginning to understand arguments, they are beginning to understand policy . . . the list goes on and on.  I love it.  I also love how excited some of them are getting about oral arguments and briefs.  I know I love this part of legal writing -- it seems to all come together now, but it is always exciting to see someone else get bitten by the same bug.  Three cheers for my students!

A broken heart

It is strange, when I woke up this morning, my first thought was, "I hurt."  Initially, I couldn't remember why.  Then it came back --- my heart was broken yesterday.  The night of sleep, though deep and long, was not enough to heal the pain; in fact, that pain sat within me through the night, and before I could even try to recall the cause of my pain, it reminded me that I had been hurt.

Yesterday, I learned that it is unlikely I will continue teaching my class next year.  When I began, I knew that this was purely a nine-month position, but there was the opportunity to apply to be rehired.  I eagerly embraced that opportunity, and I hoped for it with my usual Polly-Anna approach to life.

In general, the absolute knowledge of the rejection is tough.  Most importantly, my heart is broken because I have come to love my students, my peers, and myself in this position.  I care deeply about my students, and I have been excitedly watching them develop from the brand-new and struggling phase to the beginning-to-fledge phase.  I so wanted to coach them through the rest of their time in law school, and I wanted to see them succeed in competitions and in class.  I wanted to celebrate those victories with them.  I also wanted to continue to be a source of support for my students.  I wanted them to know that, whatever happened, they knew they at least had one person in that large brick building who had their backs.  While I can and will still support them as best I can, those hopes and dreams of seeing them become 2Ls and then 3Ls and continuing to mold new legal minds every year, those hopes and dreams are all gone.

Today, I hurt.

Showing our men some love and regulation

In the recent months, the Republican candidates seem to be vying for the most outlandish stance on women's health decision.  At the same time, a panel of ALL MEN testified before Congress about requiring religious employers to offer contraceptive coverage through their employer-based health insurance plans.  That news was followed by Rush Limbaugh calling a law student a slut and prostitute.  She happened to be testifying about the need for oral contraceptives to prevent ovarian cysts to preserve later fertility.

Well, fast forward to today's news:  an Ohio lawmaker has had enough with the absurd (that's my word) number of restrictions and requirements for women to receive an abortion in Ohio.  Currently, there is a bill in the Ohio legislature that would ban an abortion so long as there is a detectable fetal heartbeat.  (For convenience, it's called the "Heartbeat Bill.")  The bill, along with what is already enacted, will essentially make receiving an abortion a huge ordeal and be overly burdensome (again, my own legal conclusion).  Senator Nina Turner wants to statutorily require men seeking erectile dysfunction medicine to have to undergo the same amount of red tape that women seeking an abortion must go through.  In fact, she even matches the requirements of the anti-abortion bill to her own bill.  This is a fantastic ploy, and I'm loving it.  Keep it up, Senator Turner!  You've got my support!


For more information, see News Article


p.s.  I can't wait to see what Jon Stewart has to say about this.  You can see his show interviewing the President of Planned Parenthood here:  Interview With PP President

p.p.s.  Here is Jon Stewart's response to Rush's comments:  http://www.huffingtonpost.com/2012/03/06/jon-stewart-rush-limbaugh-video_n_1323455.html?ref=mostpopular

a Latvian reader!

I just saw that someone in Latvia read my blog.  A big hello out to those in the Baltic states!  My mother's family is from Estonia -- check out my very pale, tall self.  I love sour cream, cabbage, and smoked fish (not necessarily together, but also not necessarily apart).  

The recent Ohio school shooting

On Monday, February 27, 2012, TJ Lane, a teenager, took a loaded gun into a high school cafeteria in Chardon, Ohio, and shot at students before being chased out of the school.  Unlike in the previous horrible school shootings, he did not commit suicide.  Therefore, we, as a society are left to deal with him, as a teen shooter.  Lane is young enough that he does not have the scars of Columbine etched into his memory.  I will forever be leery of teenagers dressed in black trench coats.  I remember being in high school when the shooting happened, and I remember how it changed the landscape of high schools.  We were no longer allowed to carry backpacks or wear coats.  We were theoretically subject to searches.  No one wore black trench coats.  As time has progressed, there has been a concerted effort to stop bullying or at least address it to the degree that something like Columbine does not happen again.  Yet, as so often happens, those without the scars repeat history.

Lane is being charged with three counts of murder and various other charges related to the attempted murder of other students and adults.  So far, he has stood for preliminary hearings at the juvenile courthouse, but the prosecutor has warned that he will try Lane as an adult.  Lane will not be eligible for the death penalty (Ohio does not permit the death penalty as an option for someone under the age of 18, regardless of the defendant being tried as an adult or juvenile), but he will be eligible for life without the possibility of parole . . .  for each of his victims.  Picking up on the New Yorker piece I blogged about earlier, this means that Lane's life is essentially done.  He is done being a high school student, and he is now a suspected (and he admitted to it) murderer, and he will be a convicted murderer for the rest of his life once he goes through trial.

Undoubtedly, Lane's defense attorney will do his or her very best to introduce mitigating evidence about Lane's troubled childhood.  While living with his mother, they occupied a house that had huge padlocks on the outside of bedroom doors.  Somehow he went to live with his grandparents, and the police were routinely called to the home.  Lane's brother has an extensive record with the law, and Lane himself was at an alternative school for behavioral issues.  The prosecutor has already said that Lane does not show himself to be mentally well.  It will be interesting to see how the judge weighs this evidence to arrive at a sentence for this yet child.

Overall, I have no great words of wisdom.  This is yet another tragic event where someone needed help and did not receive it.  Like last year's Tucson shooting, innocent people were made to pay the consequences of another's choices.  I hope that Ohio and his community can offer Lane some help that he can use.