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Rethinking How We Regulate Lawyer-Politicians, 57 Rutgers L
UIC School of Law UIC Law Open Access Repository UIC Law Open Access Faculty Scholarship 1-1-2005 The Politics of Misconduct: Rethinking How We Regulate Lawyer- Politicians, 57 Rutgers L. Rev. 839 (2005) Kevin Hopkins John Marshall Law School Follow this and additional works at: https://repository.law.uic.edu/facpubs Part of the Law and Politics Commons, and the Legal Profession Commons Recommended Citation Kevin Hopkins, The Politics of Misconduct: Rethinking How We Regulate Lawyer-Politicians, 57 Rutgers L. Rev. 839 (2005). https://repository.law.uic.edu/facpubs/108 This Article is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in UIC Law Open Access Faculty Scholarship by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. RUTGERS LAW REVIEW VOLUME 57 Spring 2005 NUMBER 3 THE POLITICS OF MISCONDUCT: RETHINKING How WE REGULATE LAWYER-POLITICIANS Kevin Hopkins* INTRODU CTION .................................................................................... 840 I. THE RISE AND FALL OF THE LAWYER-STATESMAN .......................... 849 A. The Lawyer in Colonial America ............................................ 850 B. The Decline of the Lawyer-Statesman.................................... 855 II. THE REGULATION OF PRACTICING LAWYERS .................................. 859 A. The Powers of the Court and Bar ........................................... 861 B. The Exercise of Self-Regulation ............................................. -
Copyright OUP 2013
AMERICAN CONSTITUTIONALISM VOLUME I: STRUCTURES OF GOVERNMENT Howard Gillman • Mark A. Graber • Keith E. Whittington Supplementary Material Chapter 9: Liberalism Divided – Separation of Powers Congressional Hearings on the Pardon of Richard Nixon (1974)1 On August 9, 1974, in the face of impeachment inquiries, President Richard Nixon resigned from office. Although Nixon had won reelection by a landslide in the fall of 1972, his administration was dogged by the Watergate scandal.. In June 1972, several individuals associated with Nixon’s reelection campaign were caught attempting to wiretap the offices of the Democratic National Committee in the Watergate Hotel in Washington, D.C. In the spring of 1973, federal prosecutors determined that the Watergate burglars were encouraged to commit perjury to hide the extent of White House involvement in the plan to spy on the Democratic campaign, leading to the resignation of senior White House aides. By the fall of 1973, the White House was under siege from investigating congressional committees and special prosecutors. When several aides were indicted for obstruction of justice and the courts gained access to White House audiotapes indicating the extent of the president’s involvement with the cover-up, Nixon’s position became untenable. The president was potentially liable to criminal charges for obstruction of justice, and the special prosecutor contemplated a number of possible charges against Nixon. Gerald Ford, a Republican from Michigan, served as the minority leader in the U.S. House of Representatives during the Johnson and Nixon administrations. In October 1973, Vice President Spiro Agnew resigned from office in the midst of a criminal investigation for bribery. -
Senate the Senate Met at 9:30 A.M
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION Vol. 152 WASHINGTON, WEDNESDAY, JUNE 14, 2006 No. 76 Senate The Senate met at 9:30 a.m. and was under the control of the minority and serving for 47 years in this institution called to order by the President pro the final 15 minutes under the control is certainly remarkable, what he has tempore (Mr. STEVENS). of the majority. Following morning done during those 47 years is what is business, we will resume consideration truly remarkable. His contribution to PRAYER of the emergency supplemental appro- the public discourse and debate of our The Chaplain, Dr. Barry C. Black, of- priations conference report. Under the country throughout that time has been fered the following prayer: time agreement that was reached yes- truly exemplary. Let us pray. terday, we have a little over an hour I noted the other day, in fact, that Lord of truth and love, source and and a half of debate this morning. The when Senator BYRD was first elected to end of our believing and loving, You vote on the adoption of the conference the House, there was a wonderful pic- alone are worthy of our praise and we report is set for tomorrow at 10 a.m. ture taken that appeared with Senator celebrate Your great Name. Thank You Today we will continue work on the BYRD and several other Members of for the gift of Your dynamic presence Department of Defense authorization newly minted Congressmen who had in our lives and for the power we re- bill. -
United States History
UNITED STATES HISTORY For each multiple choice question, fill in the appropriate location on the scantron 1. Which impact did Title IX had on educational institutions 8. The Watergate Scandal is appropriately described by in the United States? which statement? A. use of quotas for enrollment A. It concerned the Nixon’s’ administration attempt to B. creation of standardized testing goals cover up a burglary at the Democratic National C. equal funding of men’s and women’s athletics Committee headquarters D. government-funded school vouchers B. It involved the illegal establishment of government agencies to set and enforce campaign standards 2. What event during the 1970s resulted in the United C. It involved the choice of the Reagan Administration States increasing its regulation of nuclear power plants? to secretly supply aid to the Contra rebels in A. the signing of the SALT treaty Nicaragua B. North Korea’s announcement that it had nuclear D. It concerned the secret leasing of federally-owned weapons oil rigs to western ranches C. the incident at Three Mile Island D. restrictions created by the UN Atomic Energy 9. Nixon’s name for the many Americans who supported the Commission government and longed for an end to the violence & turmoil of the 1960s was the 3. Which US president regarded universal health care as a A. counterculture major issue for the federal government to resolve? B. hippies A. Jimmy Carter C. silent majority B. Ronald Reagan D. détente C. George H.W. Bush D. Bill Clinton 10. President Jimmy Carter was instrumental in creating a peace accord known as the 4. -
Guiding Presidential Clemency Decision Making
Guiding Presidential Clemency Decision Making PAUL J. LARKIN, JR.* ABSTRACT The Article II Pardon Clause empowers the President to grant clemency to any offender for any reason that he or she deems justi®ed. The clause contains only two textual limitations. The President cannot excuse someone from responsibility for a state offense, nor can he prevent Congress from impeach- ing and removing a federal of®cial. Otherwise, the President's authority is exclusive and plenary. It is, perhaps, the only surviving aspect of the royal prerogatives. What the clause does not do is give the President a standard, a guideline, or a decision tree for making clemency decisions. There is a consensus that some reasons are entirely legitimate, even laudatory, grounds for clemency, such as freeing someone who was erroneously convicted, who is suffering under an unduly onerous punishment, or who has atoned for his crimes and turned his life around. Nevertheless, neither the President nor the Department of Justice Pardon Attorney, who is responsible for managing the govern- ment's clemency process, has devised a standard for the President to use when making clemency decisions. The Pardon Attorney has compiled a list of relevant factors but has not identi®ed which ones are necessary and suf®- cient, nor has that of®cial assigned those factors an ordinal relationship or different weights. The result is that a President is left to act like a chancellor in equity by relying on his subjective assessment of the ªthe totality of the circumstances.º This Article discusses the need to make pardon and commutation decisions in a reasonable, orderly manner that would systematize and regularize the Pardon Attorney's recommendation process and the President's decision making. -
EXTENSIONS of REMARKS September 24, 197~ by Mr
32470 EXTENSIONS OF REMARKS September 24, 197~ By Mr. FOLEY (for himself and Mr. March 16-23, 1975, "DeMolay Week"; to the 534. The SPEAKER presented a memorial SYMMS): Committee on the Judiciary. of the Legislature of the State of Califcrnia, H.R. 16853. A bill to authorize the con By Mr. CONLAN: relative to California's livestock and poultry struction of a high way bridge across the H. Con. Res. 647. Concurrent resolution to industries; to the Committee on Agriculture. Snake River between ·clarkston, Wash., and provide an opportunity for an orderly and 535. Also, memorial of the Legislature of Lewiston, Idaho; to the Committee on Public cohesive policy toward inflation and eco the State of California, relative to the Na Works. nomic stability by declaring a 36-month tional Railroad Passenger Corporation; to the By Mr. GILMAN: moratorium on all foreign aid appropriations; Committee on Interstate and Foreign H.R. 16854. A bill to restore to Federal civil to the Committee on Government Operations. Commerce. ian employees their rights to pa·rticipate, as By Mr. DUPONT (for himself, Mr. HoR 536. Also, memorial of the Legislature of private citizens, in the political life of the TON, and Mrs. COLLINS of Illinois) : the State of California, relative to terminat Nation, to protect Federal civilian employees H. Con. Res. 648. Concurrent resolution to ing the Airline Mutual Aid Agreement; to the from improper political solicitations, and for express congressional support of the United Committee on Interstate and Foreign other purposes; to the Committee on House Nations sponsored World Food Conference Commerce. -
Gerald Ford It’S Personal
Gerald Ford It’s personal EPISODE TRANSCRIPT Listen to Presidential at http://wapo.st/presidential This transcript was run through an automated transcription service and then lightly edited for clarity. There may be typos or small discrepancies from the podcast audio. LILLIAN CUNNINGHAM: What's a memory from your dad's presidency that comes back to you often? One that, just for some reason, has stuck with you the most? STEVEN FORD: I have a funny story that's a great memory. It was the first time we had dinner in the White House. And you have to remember that we didn't get to move into the White House for seven days, because, when Nixon left, they weren't able to pack up all their belongings quick enough. Their daughter and son-in-law, I think, stayed and packed all their clothes. So, we had to go back to our little house in Alexandria, Virginia, and for the first seven days of dad's presidency, and I remember that first meal after Dad became president -- after he got sworn in that day, we're sitting around the dinner table, and my mother was cooking and my mother looked over at Dad. She was at the stove, and she goes, 'Jerry, something's wrong here. You just became president. And I'm still cooking.' And that was the memory that sticks out the most of what a strange time that was -- that, for seven days, we had to live in our little house in suburbia and Dad would commute to the Oval Office. -
F:\Nixon -- Move to Former Staff on 9.2\Declarations
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN RE PETITION OF STANLEY KUTLER, ) AMERICAN HISTORICAL ASSOCIATION, ) AMERICAN SOCIETY FOR LEGAL HISTORY, ) Miscellaneous Action No. ORGANIZATION OF AMERICAN HISTORIANS, ) and SOCIETY OF AMERICAN ARCHIVISTS. ) ___________________________________________) DECLARATIONS IN SUPPORT OF PETITION FOR ORDER DIRECTING RELEASE OF TRANSCRIPT OF RICHARD M. NIXON’S GRAND JURY TESTIMONY OF JUNE 23-24, 1975, AND ASSOCIATED MATERIALS OF THE WATERGATE SPECIAL PROSECUTION FORCE Allison M. Zieve (D.C. Bar No. 424786) Michael T. Kirkpatrick (D.C. Bar No. 486293 Public Citizen Litigation Group 1600 20th Street NW Washington, DC 20009 (202) 588-1000 Counsel for Petitioners TABLE OF CONTENTS Tab Declaration of Stanley Kutler.................................................... A Declaration of Julian Helisek (including exhibits) ................................... B Declaration of Richard J. Davis .................................................. C Declaration of John W. Dean III ................................................. D Declaration of David M. Dorsen ................................................. E Declaration of Mark Feldstein ................................................... F Declaration of Don Fulsom ..................................................... G Declaration of David Greenberg ................................................. H Declaration of Kenneth J. Hughes, Jr. .............................................. I Declaration of Thomas Long .................................................... -
Allpolitics - More Than a Burglary - June 12, 1997
AllPolitics - More Than A Burglary - June 12, 1997 Far More Than Just A Burglary Watergate main page 'Watergate' as or low bandwidth version shorthand for a slew of Headlines official misdeeds What was Watergate? Senate Hearings And Watergate Glossary Courtroom Dramas Who Was Deep Throat? Nixon's Downfall Watergate And Public By Craig Staats/AllPolitics Cynicism Analysis: Nixon's Victory WASHINGTON (June 12) -- In Defeat Some 25 years have passed since the bungled break-in at Watergate's Political the Watergate hotel, a so- Survivors called "third-rate burglary," triggered a first-rate national A Watergate Legacy: crisis whose consequences still Poll: Public Perceptions color the nation's politics. Of Watergate Like many other political scandals, Watergate grew to Multimedia Sights and Sounds: encompass far more than just Hearings, Resignation, the break-in at the Democratic Farewell National Committee headquarters. Here's a look Streaminvg Video: backward at everything that is Watergate. Larry King Live - talks with Bob Woodward 2 part (39:27 min. By the time Richard Nixon VXtreme) resigned in August 1974, the term Watergate had become a Burden Of Proof - catch-all for a breathtaking Watergate Aniversary 3 range of high crimes and part (18:09 min. misdemeanors. In all, more VXtreme) than 30 officials were John Dean on Inside convicted in the nation's worst Politics (5:51 min. political scandal ever. VXtreme) There were other break-ins, 'Toonist Bill Mitchell like the burglary of Daniel checks in on Richard Nixon (in a very hot Ellsberg's psychiatrist's office wg:1 http://www.cnn.com/ALLPOLITICS/1997/gen/resources/watergate/identify.html[8/3/2010 10:31:33 PM] AllPolitics - More Than A Burglary - June 12, 1997 place). -
On Executive Clemency: the Pardon of Richard M. Nixon , 2 Pepp
Pepperdine Law Review Volume 2 | Issue 2 Article 4 3-15-1975 On Executive Clemency: The aP rdon of Richard M. Nixon Michael K. McKibbin Follow this and additional works at: http://digitalcommons.pepperdine.edu/plr Part of the President/Executive Department Commons Recommended Citation Michael K. McKibbin On Executive Clemency: The Pardon of Richard M. Nixon , 2 Pepp. L. Rev. 2 (1975) Available at: http://digitalcommons.pepperdine.edu/plr/vol2/iss2/4 This Comment is brought to you for free and open access by the School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Pepperdine Law Review by an authorized administrator of Pepperdine Digital Commons. For more information, please contact [email protected]. Comments On Executive Clemency: The Pardon of Richard M. Nixon . FACTUAL BACKGROUND On June 17, 1972, James W. McCord, Jr., Bernard Barker, Frank A. Sturgis, Virgilio R. Gonzales, and Eugenio R. Martinez were caught with cameras, electronic surveillance equipment, and se- quenced one hundred dollar bills within the Democratic National Committee Headquarters in the Watergate Hotel.' This was the fourth attempted break-in at Democratic National Committee Headquarters, the previous three attempts having taken place on May 26, May 27, and May 28, 1972. For almost a year thereafter, the Nixon Administration absolutely denied White House involve- ment in the break-in. On March 21, 1973, the flat denials of White House involvement were beginning to become somewhat qualified as more evidence re- garding the break-in was adduced. President Richard M. Nixon stated that he had begun intensive new inquiries after new charges had been brought to his attention, and that he had personally ordered all those conducting the investigation into the break-in to 1. -
Nixon-Carter.Pdf
THE 1970S Richard Nixon New Federalism • Less federal, more state/local control • Revenue sharing • Some liberal policies – Democratic Congress • Some conservative policies – Undid pieces of Great Society – Backed off on Civil Rights Southern Strategy • Goal: attract Southerners – conservative – Unhappy with Democrats • Appointed conservatives to Supreme Court (four) – Warren Burger new Chief Justice • Southern whites become Republicans Supreme Court Cases • Swann vs. Charlotte-Mecklenburg Board (1971) – Use bussing to achieve school integration • Roe vs. Wade (1973) – States can’t restrict abortion in first trimester of pregnancy THE ECONOMY Stagflation • Stagflation – inflation and unemployment go up together • Fixing one often makes the other worse CAUSES OF STAGFLATION • Deficit Spending – Great Society – Vietnam War • More economic competition – Japan – West Germany • Increased labor force – Baby boomers – Women • OPEC Oil Embargo The OPEC Oil Embargo • OPEC – Organization of Petroleum Exporting Countries • Mostly Middle Eastern, Arab, Muslim nations • 1973: war between Israel and Egypt • OPEC put embargo on oil to U.S. • Will that impact inflation or unemployment? Impact of the oil embargo on the U.S. • Shortage of oil – Supply and demand? • Increase in gas prices (up to four times) • Trade gas guzzlers for . – Ford, Chevrolet, General Motors, Chrysler, Pontiac • Fuel efficient cars – Toyota, Datsun (Nissan), Honda, Volkswagen Impact of the oil embargo on the U.S. Nixon’s Attempt to Fix Stagflation • Raise taxes, cut federal budget -
Gerald Ford, Considered Not Playing in the Game, Citing the Unjust Decision Based on the Color of Ward’S Skin
a “Providential” PR ESIDENT GER ALD R. FORD AT 100 THE STORY OF A N UNEXPECTED NATIONAL LEADER by JIM KRATSAS Summer 2013 A man’s character is his fate. —Heraclitus he 1934 University of Michigan Wolverines football team en dured a dismal season, especially Tdiscouraging on the heels of back-to-back national championships. The team won only a single game in the fall of 1934. However, it was a victory permeated by racism: A good student and great athlete was benched because of the color of his skin, and a fellow teammate’s high prin ciples and character was challenged long before this student-athlete would become President of the United States. Michigan and Georgia Tech had scheduled a game for the 1934 season. That summer Georgia Tech’s legend ary coach, Bobby Dowd, requested that Michigan bench its best player, Willis Ward, for the contest because the Southern team would not share the field with a black man. In trade, Tech offered to bench its premier player. The Michigan athletic director and former coach, Fielding Yost, reached a “gentleman’s agreement” with its foe to make sure the game was played by having Ward sit out the game. This decision did not sit well with the Wolverines. Coach Harry Kipke protested, and Willis Ward’s best friend on the team, center Gerald Ford, considered not playing in the game, citing the unjust decision based on the color of Ward’s skin. It was a trying time for young Ford, who had waited for three years to start for his school and was now willing to give up a dream to fight a wrong inflicted on his teammate.