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Fred D. Gray Erwfn Chemergnsky Curffs Wfflkffe /Ames Add Som Volume 47 Number I AUTHOR'S HOTE : CIVIL RIGHUS-PAST, PRESENT, AND FUTURE FredD. Gray CLOSIIG THE COURTHOUSE DOORS Erwfn Chemergnsky lHElFALL OF THE HOUSE OF ZEUs-]ETHCAL IESSUES SURROUNDING THE SCRUGGS CASE INMRISSIISSIPPII Curffs Wfflkffe AMERRCAS POSITION RN THE WORLD /amesAdd som Baker,111 You CAN'TU MAKE UP STUFF LIKE THRS 9 p 2013: March 10-16, Four Seasons Resort, Punta Mita, Mexico 2014: March 2-8, Four Seasons Resort, Wailea, Maui 3nternational &odietp of Parriltern Quartertp Volume 47 2012-2013 Number 1 CONTENTS Author's Note: Civil Rights-Past, Present, and Future ............. 1 Fred D. Gray Closing the Courthouse Doors ..................................... 3 Erwin Chemerinsky The Fall of the House of Zeus-Ethical Issues Surrounding the Scruggs Case in M ississippi ...................................... 25 Curtis Wilkie America's Position in the W orld .................................. 37 James Addison Baker, III You Can't Make Up Stuff Like This ............................... 57 Will Durst Internattonal botietp of larrtterg auarterly, Editor Donald H. Beskind Associate Editor Joan Ames Magat Editorial Advisory Board Daniel J. Kelly John Reed, Editor Emeritus James R. Bartimus, ex officio Editorial Office Duke University School of Law Box90360 Durham, North Carolina 27708-0360 Telephone (919) 613-7085 Fax (919) 613-0096 E-mail: [email protected] Volume 47 Issue Number 1 2012-2013 The INTERNATIONAL SOCIETY OF BARRISTERS QUARTERLY (USPS 0074-970) (ISSN 0020- 8752) is published quarterly by the International Society of Barristers, Duke University School of Law, Box 90360, Durham, NC 27708-0360. Periodicals postage is paid in Durham and additional mailing offices. Subscription rate: $10 per year. Back issues and volumes through Volume 44 available from William S. Hein & Co., Inc., 1285 Main Street, Buffalo, NY 14209- 1911; subsequent back issues and volumes available from Joe Christensen, Inc., 1540 Adams Street, Lincoln, NE 68521 POSTMASTER: Please send address changes to Professor Donald H. Beskind, Duke University School of Law, Box 90360, Durham, NC 27708-0360. @2012 International Society of Barristers nternatianaI atietp a 0arriotero Board of Governors 2012-2013 Michael A. Kelly, California,President Michael A. Worel, Utah, First Vice President James R. Bartimus, Missouri, Second Vice President Rutledge R. Liles, Florida,Secretary-Treasurer J. Graham Hill, Texas, Immediate Past President Donald H. Beskind, North Carolina, Administrative Secretary & Editor 2010-2013* Daniel R. Baradat Maria Tankenson Hodge Peter C. John California Virgin Islands Illinois Kathleen Flynn Peterson William B. Smith Minnesota California 2011-2014* Judy Y. Barrasso G. Patrick Galloway J.Kenneth McEwan Louisiana California British Columbia Lance M. Sears Phillip A. Wittman Colorado Louisiana 2012-2015* Peter J. Brodhead Stephen M. Bruckner Ohio Nebraska Thomas W. Cranmer W.R. (Ray) Persons Harry H. Schneider Michigan Georgia Washington *Terms begin and end on the last day of annual meetings. 3nternational bocfetp of garrioter Past Presidents Craig Spangenberg, Cleveland, Ohio (1914-1998) 1966 Murray Sams Jr., Miami, Florida (1922-2011) 1967 Kelton S. Lynn, Rapid City, South Dakota (1916-1974) 1968 Arch K.Schoch, High Point, North Carolina (1909-1980) 1969 John H.Locke, Roanoke, Virginia (1920-2003) 1970 William H. Erickson, Denver, Colorado (1924-2009) 1971 Charles T. Hvass, Minneapolis, Minnesota (1922-2012) 1971 Robert t. Cunningham, Mobile, Alabama (1918-2001) 1972 William S. Frates, Miami, Florida (1917-1984) 1973 Phillip G. Peters, Manchester, New Hampshire (1922-2006) 1974 Richard R. Bostwick, Casper, Wyoming 1975 Carlton R. Reiter, Portland, Oregon (1920-1980) 1976 Douglas W. Hillman, Grand Rapids, Michigan (1922-2007) 1977 Alex S. Keller, Denver, Colorado (1928-1996) 1978 Alex W. Newton, Birmingham, Alabama 1979 Stan Siegel, Aberdeen, South Dakota (1928-1996) 1980 William D. Flaskamp, Minneapolis (1924-2000) 1981 Walter R. Byars, Montgomery, Alabama 1982 John J. Greer, Spencer, Iowa (1920-2004) 1983 M.J. Bruckner, Lincoln, Nebraska 1984 Ray H. Pearson, Miami, Florida (1922-2004) 1985 Joel M. Boyden, Grand Rapids, Michigan (1937-1999) 1986 William T. Egan, Minneapolis, Minnesota (1925-2012) 1987 Carleton R. Hoy, Sioux Falls, South Dakota 1988 Mark P. Robinson, Los Angeles, California (1924-2001) 1989 Perry S. Bechtle, Philadelphia, Pennsylvania (1926-2010) 1990 William J. McDaniel, Birmingham, Alabama (1927-2003) 1991 Frederick H. Mayer, St. Louis, Missouri 1992 Tom Alexander, Houston, Texas (1930-2008) 1993 Charles F. Blanchard, Raleigh, North Carolina 1994 Con M. Keating, Lincoln, Nebraska 1995 Past Presidents David L. Nixon, Manchester, New Hampshire 1996 Richard E. Day, Casper, Wyoming 1997 John G. Lancione, Cleveland, Ohio 1998 Frank J. Brixius, Minneapolis, Minnesota 1999 Myron J. Bromberg, Morristown, New Jersey 2000 Joe McLeod, Fayetteville, North Carolina 2001 Gene Mac Winburn, Athens, Georgia (1937-2006) 2002 Daniel J. Kelly, San Francisco, California 2003 John D. Liber, Cleveland, Ohio 2004 Edward J. Matonich, Hibbing, Minnesota 2005 Scott S. Powell, Birmingham, Alabama 2006 Edward J. Nevin, San Francisco, California 2007 William R. Gray, Boulder, Colorado 2008 William F. Martson Jr., Oregon 2009 Marietta S. Robinson, District of Columbia 2010 J. Graham Hill, Houston, Texas 2011 Snternational Oottietp of 3arriotero U.S. Membership Chair William B. Smith State & International Membership Chairs Australia and New Zealand Molly Townes O'Brien Canada Eastern Chris G. Paliare Central Richard J.Wolson Western J.Kenneth McEwan Europe England Robert A. Stein Ireland Paul Sreenan Northern Ireland P.J. Barra McGrory Scotland Michael S. Jones Alabama Toby D. Brown Alaska Robert P. Blasco Arizona Ted A. Schmidt Arkansas Stephen C. Engstrom California Northern Stewart M. Tabak Southern David S. Casey Jr. Colorado Lance M. Sears Connecticut Michael P. Koskoff Delaware Ben T. Castle District of Columbia Michael E. Horowitz Florida R. Scott Costantino Georgia W. Ray Persons Hawaii David L. Fairbanks Idaho Thomas B. High Illinois Francis R. Petrek Iowa David L. Brown Kansas James P. Frickleton Kentucky Edward H. Stopher Louisiana Judy Y. Barrasso Maine Stephen B. Wade Maryland Donald L. DeVries Jr. State & International Membership Chairs Massachusetts Albert P. Zabin Michigan Thomas W. Cranmer Minnesota Robert J. King Jr. Mississippi William R. Purdy Missouri Arthur H. Stoup Montana Alexander Blewett III Nebraska Stephen M. Bruckner Nevada J. Bruce Alverson New Hampshire Gordon A. Rehnborg Jr. New Jersey Timothy L. Barnes New Mexico William C.Madison New York New York City Steven R. Pounian Upstate E. Stewart Jones Jr. North Carolina James K. Dorsett III North Dakota David S. Maring Ohio David C. Weiner Oklahoma Larry A. Tawwater Oregon Janet L. Hoffman Pennsylvania Eastern Arnold Levin Western Louis M. Tarasi Jr. Puerto Rico Alvaro R. Calderon Jr. Rhode Island Gerald C. DeMaria John A. Tarantino South Carolina Joel W. Collins Jr. South Dakota Thomas G. Fritz Tennessee Charles J. Gearhiser Sidney W. Gilreath Texas D. Ferguson McNiel Kevin D. Krist Utah Richard D. Burbidge Vermont Jerome F. O'Neill Virgin Islands Maria Tankenson Hodge Virginia Gary C.Hancock Washington Thomas V. Harris Wisconsin Merrick R. Domnitz Wyoming Terry W. Mackey viii AUTHOR'S NOTE: CIVIL RIGHTS-PAST, PRESENT, AND FUTURE * Fred D. Gray** This note was intended to precede the reprinting of Mr. Gray's address in the last issue, but was erroneously,and regrettably,omitted. That address was presented at the Barristers'convention at Nevis, the West Indies, in March 2001, and originally published in the Quarterly the following year. Ed. Eleven years ago I delivered the speech, "Civil Rights-Past, Present, and Future." As I review what I said then, I reaffirm those thoughts. Basically, what I stated then remains equally true today, and, unfortunately, the matters needing correction then are still wanting eleven years later. However, we have made tremendous progress since that time. The Tuskegee Human & Civil Rights Multicultural Center, a lasting memorial for the men in the infamous Tuskegee Syphilis Study, as discussed in that speech, has been developed. Today, in 2012, the museum is open and one of the best small museums in the country. It is located in downtown Tuskegee, Alabama. We invite you to visit and support it. The website is www.tuskegeecenter.org. The Civil Rights Movement was started primarily for the purpose of obtaining civil rights for African Americans. It has been expanded, though, to include women and other minorities and groups as noted in the Afterword by student Hyatt Howard. • Address delivered at the Annual Convention of the International Society of Barristers, Four Seasons Resort Nevis, Charlestown, Nevis West Indies, 15 March 2001. •* Gray, Langford, Sapp, McGowan, Gray & Nathanson, Tuskegee, Alabama. Fellow, International Society of Barristers. 2 INTERNATIONAL SOCIETY OF BARRISTERS QUARTERLY The movement we started with the Montgomery Bus Boycott in 1955 and what many others have done since that time contributed greatly to the election and reelection of Barack Hussein Obama as the 44th President of the United States. The President and the Inaugural Committee acknowledged that fact by having as the first entry in the 2009 Inaugural Parade a replica of a Montgomery city bus. Finally, the struggle for equal justice under the law continues, and it needs your help to be fully realized. CLOSING THE COURTHOUSE DOORS* Erwin Chemerinsky** I
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