sign in sign up
<<
Home , Helen Keller, Payola

DuPage County February 2021 Issue 6, Vol. 6 Law Library

LAW LIBRARY BULLETIN

Go to: https://www.hklaw.com/en/events/2021/01 /cross-border-prenuptial-agreements- navigating-the-dangerous-shoals

Courthouse Reminders

DuPage County Courthouse will be closed MASKS on Friday, February 12 for Lincoln’s Please note, all courthouse visitors and law Birthday and Monday, February 15, 2021 library patrons are required to wear a mask for Washington’s Birthday. that covers the mouth and nose while inside the courthouse. New IICLE Arrivals: ZOOM COURT DATES Real Estate Litigation - 2021 edition Many court cases require litigants to appear Proving and Disproving Damages in before a judge via Zoom instead of appearing Personal Injury Cases - 2021 edition in person. This means you may attend your

court date via Zoom from your home or Continuing Legal Education office using your smartphone or personal Here is a free online Continuing Legal computer - you do not need to come to the Education opportunity from Holland & courthouse. Here is the link: Knight: https://18thjudicial.org/18thJudicial/Remote -Court-Hearings Cross Border Prenuptial Agreements: Navigating the Dangerous Shoals of Love, Notices are mailed to litigants explaining if Wealth and Marriage Involving Multiple they should appear via Zoom. These notices Countries of Origin, Domicile and are mailed to the address the Circuit Court Residence Clerk's Office has on file. To update your Partner Mark Haranzo will examine cross- mailing address, please log in to your e-filing border prenuptial agreements and how best to account at i2file.net. approach them, addressing such topics as potential jurisdictions; considerations of To check your court date and time, visit your governing law, including the understanding of e-filing account at i2file.net or the public the family laws in the potential jurisdictions; access Circuit Court Clerk Public Information and the requirements and enforceability of Application. prenuptial agreements in each jurisdiction, as well as selection and collaboration with Zoom is currently available in the law library experts in those jurisdictions. on the second floor of the 505 building for those who do not have access to a Approved for 1.0 hour of CLE smartphone or computer at home. This Month in Legal History: The for me?” It was this comment that prompted Payola Scandal Heated Up President Eisenhower to weigh in on February 11, 1960, with his condemnation of The Payola scandal reached a new level of Payola. public prominence and legal gravity on February 11, 1960, when President But what explains the involvement of Eisenhower called it an issue of public Congress in this issue? Technically, the morality and the FCC proposed a new concern of the Harris Committee was abuse lawmaking involvement in Payola a criminal of public trust, since the airwaves over which act. radio stations broadcast their signals are property of the people of the United States. What exactly was Payola? During the hearings However, 1960 was also an election year, and conducted by Congressman Oren Harris (D- Rep. Harris and his colleagues on the Arkansas) and his powerful Subcommittee on Subcommittee eager to be seen on the Legislative Oversight—fresh off its inquiry right side of a highly visible “moral” issue. into quiz-show rigging—the term was Though it is widely agreed that the famous sometimes used as a blanket reference to a 1960 hearings on Payola merely reorganized range of corrupt practices in the radio and the practice rather than eradicating it, those recording industries. But within the music hearings did accomplish two very concrete business, Payola referred specifically to a things that year: they threatened the career practice that was nearly as old as the industry of American Bandstand’ s Dick Clark and itself: manufacturing a popular hit by paying they destroyed the man who gave rock and for radio play. roll its name, the legendary Cleveland disk jockey . As the Payola hearings got under way in February 1960, the public was treated to tales Source: https://www.history.com/this-day- of a lavish disk-jockey convention in Miami in-history/the-payola-scandal-heats-up bought and paid for by various record companies. One disk jockey, Wesley Hopkins This Month in Legal History: Auto of KYW in Cleveland, admitted to receiving Safety Crusader Ralph Nader over the course of 1958 and 1959 $12,000 in Testified Before Congress “listening fees” from record companies for “evaluating the commercial possibilities” of On February 10, 1966, Ralph Nader, a young records. Another DJ named Stan Richard, lawyer, and the author of the groundbreaking from station WILD in Boston, also admitted book Unsafe at Any Speed: The Designed-In to receiving thousands of dollars from various Dangers of the American Automobile, testified record promoters, and though like Hopkins before Congress for the first time about he denied letting such fees affect his choice of unsafe practices in the auto industry. which records to play on the air, he also offered a vigorous of Payola, By the mid-1960s, U.S. automakers were still comparing it to “going to school and giving largely unregulated. Nader’s book, which was the teacher a better gift than the fellow at the published in November 1965, accused car next desk.” He practically likened it to companies of designing vehicles with an Motherhood and Apple Pie: “This seems to emphasis on style and power at the expense be the American way of life, which is a of consumer safety. One chapter of Unsafe at wonderful way of life. It’s primarily built on Any Speed focused on handling problems with romance—I’ll do for you, what will you do the Chevrolet Corvair, a car produced by auto giant General Motors (GM). Shortly after Scholarship Opportunity for Future Nader’s congressional testimony, the news Civil Rights Lawyers media reported that Nader had been followed by detectives. It was later determined that The NAACP Legal Defense and Educational starting in early February 1966, GM sent Fund has launched a $40 million scholarship investigators to spy on Nader and look into program to support a new generation of civil his personal life in an effort to discredit him. rights lawyers. The program – called the Nader sued GM for and invasion Marshall-Motley Scholars Program (MMSP) – of privacy and won a settlement. The publicity is an educational and training opportunity surrounding GM’s actions helped make Unsafe funded by a gift from a single anonymous at Any Speed a best-seller and turn Ralph donor. The MMSP is named in honor of Nader a household name. Supreme Court Justice Thurgood Marshall and , who was the Nader was born on February 27, 1934, in first Black woman federal judge and wrote the Winsted, . He graduated from initial complaint that led to the Brown v. Board Princeton University and Harvard Law of Education ruling outlawing racial segregation School, then served in the U.S. Army for six in public schools. The program offers months before becoming a lawyer. The participants a full law school scholarship, publication of Unsafe at Any Speed and Nader’s summer internships, a two-year postgraduate public advocacy of auto-safety issues, helped fellowship at a national or regional civil rights lead to the passage of the 1966 National organization with a racial justice law practice Traffic and Motor Vehicle Safety Act. This in the South, and access to special trainings. legislation sought to reduce the rising number In return recipients must commit to eight of injuries and deaths from road accidents by years of racial justice work in the South. The establishing federal safety standards for every MMSP application deadline is February 16, American-made vehicle, including safety belts 2021. To learn more or to apply visit: for all passengers. The Corvair, which https://marshallmotleyscholars.org/ suffered from slumping sales due in part to the negative publicity from Nader’s book as Laws Involving Animals – Real and well as to consumer lawsuits (the car’s suspension system was blamed for rollovers), Mythical was discontinued by GM in 1969. by Anna Price

Source: https://www.history.com/this-day- Law Legal Reference in-history/auto-safety-crusader-ralph-nader- Librarian, Anna Price, researched laws testifies-before-congress involving domesticated and other types of animals in various states and countries, and found some quirky results regarding guinea pigs, ferrets, Sasquatch, and others throughout the process. You can read about these fascinating facts if you go to: https://blogs.loc.gov/law/2021/01/laws- involving-animals-real-and- mythical/?loclr=eaiclb

I Beg Your Pardon Hamilton, he explained the reasoning in Federalist by Leslie Strauss No. 74: “Humanity and good policy conspire to dictate, that the benign prerogative of pardoning We are at that point in the endless election cycle should be as little as possible fettered or when there has been a lot of discussion about embarrassed. The criminal code of every country presidential pardons. Since the practice can be partakes so much of necessary severity, that without controversial at times, presidents often wait until an easy access to exceptions in favor of unfortunate their final days in office to sign the majority of their guilt, justice would wear a countenance too pardons. While the names of those who President sanguinary and cruel.” In other words, the Trump pardoned are fresh in people’s minds (Joe presidential pardon is a check on the criminal justice Arpaio, Scooter Libby, Michael Flynn, George system, and the system of checks and balances is key Papadopoulos, Roger Stone, Alice Johnson, Paul – at least theoretically – to the U.S. Constitution, Manafort, Charles Kushner, Steve Bannon, Casey ensuring that no one branch of government Urlacher, Susan B. Anthony(!) – for a total of 143 becomes too powerful. James Madison wrote of the pardons and 94 commutations), presidential pardons of checks and balances in The Federalist have a long history going back to the 16 people Papers: “If men were angels, no government would George Washington pardoned. be necessary. In framing a government which is to be administered by men over men, the great All of the recent discussion surrounding presidential difficulty is this: You must first enable the pardons (Who will or will not be pardoned by government to control the governed, and in the next President Trump? Will he try to pardon himself?) place, oblige it to control itself.” Whether the power makes it seem to be a new and urgent issue, but to pardon leads to unethical pardons is in the eye of pardon power is granted to the President of the the beholder, of course, but the fact is that it does United States by Article II, Section 2 of the not matter what the President’s motive is; the Constitution which says the president “shall have President alone gets to decide who is worthy, and power to grant reprieves and pardons for offenses once it is delivered it is considered valid. While the against the United States, except in cases of power allows for some gray areas (commutations, impeachment.” Under the Constitution, the reprieves, fines/restitution), a full pardon is most President’s clemency power applies only to federal common and removes all consequences of a criminal offenses, not to civil, state, or local conviction including any remaining prison sentence, offenses. Pardons for state are handled by probation conditions or unpaid fines. Once governors or a state pardon board. Clemency may pardoned felons can vote, own guns, run for public take different forms including pardon, commutation office, hold professional licenses. of sentence, fine or restitution, or reprieve. It is the President who ultimately holds pardon power, but One of the most controversial presidential pardons the Office of the Pardon Attorney – part of the is almost 50 years old now, when in September 1974 Department of Justice – provides assistance. President Gerald Ford pardoned Richard Nixon for Requests for executive clemency are reviewed and any crimes that Nixon “has committed or may have investigated before the department makes a committed or taken part in” during his presidency. recommendation to the President. The Office of the This was a pre-emptive pardon as Nixon was not Pardon Attorney prepares documents the President charged with or convicted of federal crimes. The signs and notifies all applicants of the President’s interesting thing about pardons is that they are clemency decisions. The current Acting Pardon arguably an acknowledgement of guilt. In Ford’s Attorney is Rosalind Sargent-Burns, an Illinois pardon of Nixon, he insisted that acceptance of the native and member of the Illinois bar who spent her pardon carry that acknowledgement of guilt, yet early career as an attorney with the Legislative Nixon’s statement only said that he was “wrong in Reference Bureau for the State of Illinois. not acting more decisively and more forthrightly in dealing with Watergate.” While Ford may have had So why did the founders include the pardon power good intentions in his pre-emptive pardon of in the Constitution when it seems to be a power Nixon, believing that the nation could not withstand especially vulnerable to corruption, influence the divisiveness of a criminal trial, his decision peddling, cronyism? For fans of Alexander prompted a backlash and is thought to have cost Ford his political career. Staff Book Recommendations Such a Fun Age by Kiley Reid – Recommended by Juanita Fiction Selections: “In the midst of a The Southern Book Club’s Guide to family crisis one late Slaying Vampires by Grady Hendrix – evening, white blogger Recommended by Sarah Alix Chamberlain calls her African American “Fried Green Tomatoes babysitter, Emira, and Steel meet asking her to take Dracula in this Southern- toddler Briar to the flavored supernatural local market for thriller set in the 1990s distraction. There, the about a women's book security guard accuses club that must protect Emira of Briar, and Alix's efforts its suburban community to right the situation turn out to be good from a mysterious and intentions selfishly mismanaged.” – handsome stranger who Goodreads.com turns out to be a blood- sucking fiend.” – Goodreads.com Nonfiction/Cookbook Selection:

The Lager Queen of Minnesota by J. Ryan Jubilee: Recipes from Two Centuries of Stradal – Recommended by Leslie African American Cooking by Toni Tipton- Martin – Recommended by Juanita “Two sisters, one farm. A family is split when “Through recipes their father leaves their and stories, we can shared inheritance cook along with entirely to Helen, his pioneering figures, younger daughter. from enslaved chefs Despite baking award- to middle- and winning pies at the local upper-class writers nursing home, her older and entrepreneurs. sister, Edith, struggles With more than 100 to make what most recipes, from people would call a living. So she can’t help classics such as wondering what her life would have been like Sweet Potato Biscuits, Seafood Gumbo, with even a portion of the farm money her Buttermilk Fried Chicken, and Pecan Pie with sister kept for herself. Here we meet a cast of Bourbon to lesser-known but even more lovable, funny, quintessentially American decadent dishes like Bourbon & Apple Hot characters eager to make their mark in a world Toddies, Spoon Bread, and Baked Ham that’s often stacked against them. In this Glazed with Champagne, Jubilee presents deeply affecting family saga, resolution can techniques, ingredients, and dishes that show take generations, but when it finally comes, the roots of African American cooking— we’re surprised, moved, and delighted.” – deeply beautiful, culturally diverse, fit for Penguin Random House celebration.” – From the publisher

Nonfiction Selection: Legal Thriller Selection:

Haben: The Deafblind Woman Who Full Disclosure by Beverley McLachlin Conquered Harvard Law by Haben Girma – Recommended by Juanita “When the affluent and enigmatic Vincent “Haben defines Trussardi is accused of as an his wife Laura’s , opportunity for Jilly agrees to defend innovation. She learned him, despite predictions non-visual techniques that the case is a sure for everything from loser and warnings dancing salsa to from those close to her handling an electric saw. to stay away from the She developed a text-to- Trussardi family. braille communication Determined to prove everyone wrong, Jilly system that created an investigates Laura’s death, hoping to discover exciting new way to connect with people. a shred of that might give the jury a Haben pioneered her way through obstacles, reasonable doubt. Instead, she is confronted graduated from Harvard Law, and now uses by damning evidence and uncooperative her talents to advocate for people with witnesses at every turn. Someone isn’t telling . the truth, but who?

Haben takes readers through a thrilling game With her reputation and Vincent’s life on the of blind hide-and-seek in Louisiana, a line, Jilly tries to unravel the web of secrets treacherous climb up an iceberg in Alaska, surrounding Laura’s murder. As she digs and a magical moment with President Obama deeper, she uncovers a startling revelation that at The White House. Warm, funny, will change not only the case, but her life thoughtful, and uplifting, this captivating forever.” – From the publisher memoir is a testament to one woman's determination to find the keys to connection.” Art in the Law Library – Amazon.com

About the Author: The first Deafblind person to graduate from Harvard Law School, Haben advocates for equal opportunities for people with disabilities. President Obama named her a White House Champion of Change. She received the Achievement Award, and a spot on Forbes 30 Under 30. Haben travels the world teaching organizations the benefits of fully accessible products and services. She’s a talented storyteller who helps people frame difference as an asset. As you may know, we have art from county employees displayed in the law library. This Source: month’s art/artist is: “Swan Lake” by Victor https://www.placonference.org/bigideas_frid Tellez, former Interpreter. ay.cfm Law Library Lingo Tech Tip to Try:

B N A D S E X P P L C Y J S P Discover your next G L O M A T T E Y O V A L I D binge, see what friends W U R I L L N O N A Y Q X B L W E Z Z T A L T M T O Y U P Y are watching, and T I E B L N I E I E P M S U H expand your community X M G T V N E L G F R O F R E with the Scener O X Y X U I A T P E B A N C A homepage that puts you S A N A E G P B N R D H X I R at the center of the O K N W E E C X E I C Z J T I I C X L N O I S N E T X E S N watch party action. E V G A E H J M Q R L O X E G S E C U R I T Y L E Z C R M T With support for Netflix, Disney+, HBO R I K R A M T K Q D H O P O F Max, Hulu, Amazon Prime Video, YouTube, L H M G Q J S H E R S U O D Z Funimation, and more, Scener is the one-stop Z A S U A U C U N O I T O M S destination for streaming anything with

ALLEGED anyone. Whether you are leading a legion of CONTINUANCE fans in a huge, interactive watch party, or DOMESTIC having a virtual movie night with friends, EXTENSION HEARING Scener is the watch party platform where you are in control. LEGALITY MOTION ORDER Laptop or desktop computer and internet PENALTY access required. Webcam, microphone, and REMOTE SECURITY headphones recommended. A subscription or TERMS access to the streaming service being viewed VALID ZOOM is required.

Quotable Quote The Lawyerist Podcast is a weekly show about the future of lawyering and law practice “A thousand words will not leave so deep an that features conversations with successful impression as one deed.” – Henrik Ibsen lawyers, innovative thought leaders, and other creative people helping to shape the future of legal practice. For more information, go to: https://lawyerist.com/podcast/

2020-2021 Law Library Statistics (*SRLs = Self-Represented Litigants)

November total visitors = 1,313 November SRLs = 433

December total visitors = 949 December SRLs = 384

January total visitors = 915 January SRLs = 544

https://www.facebook.com/DuPage-County- Self Help Center visitors Law-Library-1818283 November – January = 1,276