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Beasleyallen.Com I THE NOVEMBER 2006 Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., Attorneys at Law A NATIONAL LAW FIRM LOCATED IN MONTGOMERY,ALABAMA Helping those who need it most for over twenty-five years BeasleyAllen.com I. to Congress revealed that there have COLLEGE DESEGREGATION CASE WILL COME CAPITOL been 16 school-related violent deaths, TO AN END OBSERVATIONS 44 non-fatal school shootings, and over 115 high-profile violence incidents I am hopeful the state’s college deseg- since the opening of school in August. regation case is very close to coming to That should be enough to get the atten- an end.This case has been in the courts SCHOOL VIOLENCE MUST BE STOPPED tion of all of the politicians in Washing- for decades—so long that many Alabama citizens had forgotten all about The senseless killings that have ton, including the President, and prompt it. U.S. District Judge Harold Murphy occurred in our nation’s schools in them to take immediate action. You ordered the parties to present the pro- recent years have parents all over the can get more information about the posed settlement to him by October country greatly concerned for the safety school violence crisis at www.school 13th.A fairness hearing was to be set by and welfare of their children. Their security.org. the judge.As I understand it, the settle- concern is certainly justified and that ment—as proposed—will be good for concern is shared by all persons who all concerned. Under the settlement, have responsibility for the case of chil- LAW ENFORCEMENT DESERVES THE SUPPORT OF ALL AMERICANS Alabama students will be able to receive dren.The most recent incidents in Penn- sylvania and Colorado have brought the A Montgomery police officer was IN THIS ISSUE school violence issue to the attention of killed recently during a routine traffic all Americans. Similar tragedies must be stop, a tragic event that left our commu- I. Capitol Observations . 2 averted in the future if at all possible. nity in shock. This death of a brave These latest incidents—as horribly bad young man made all of us realize how II. My Observations on Election. 5 as they were—aren’t the worst in U.S. dangerous it is for law enforcement per- history. Many Americans don’t realize sonnel on the streets today as they go III. Court Watch . 7 that the worst school attack in our about doing their most important work. IV. The National Scene . 11 nation’s history was in 1927, when a We depend on the men and women man blew up a school in Bath,Michigan, who work in law enforcement to V. The Corporate World . 15 killing 45 adults and children. There protect the public. Unfortunately, we have been many other incidents over don’t always appreciate all that they do VI. Congressional Update . 16 the years involving violence in our for us until a tragedy occurs.A friend of VII. Product Liability Update . 19 schools that resulted in multiple deaths. mine who serves as chief of police in a In recent years, however, things have major Alabama city says that over 90% of VIII. Mass Torts Update. 23 gotten much worse. Obviously, steps the crime that occurs in his city is drug- IX. Business Litigation . 26 must be taken to make our schools as related. I have heard similar comments safe as possible. from district attorneys from several X. Insurance and Finance Update . 26 I have to wonder why our political Alabama counties.Without a doubt, the leaders in Washington hadn’t made the drug culture, which is like a cancer in XI. Predatory Lending. 30 curbing of school violence a top prior- our country, causes a great percentage XII. Premises Liability Update . 30 ity for Congress long ago. President of the criminal activity that affects every Bush has indicated that he will finally community in the U.S. XIII. Workplace Hazards. 31 get things moving. He called a summit It’s essential that we support law meeting to make plans. But Congress, at enforcement at every level of govern- XIV. Transportation . 33 the request of the Bush Administration, ment.The obvious place to start is by XV. Arbitration Update . 35 had cut the safety funding for schools, increasing the funding. Salaries for offi- which is absolutely incomprehensible.A cers must be increased, the numbers of XVI. Healthcare Issues . 35 congressional conference committee officers increased—the officers must be cut the budget for federal school safety properly equipped—all of which XVII. Environmental Concerns. 36 funding by more than $90 million.That requires adequate funding. I believe that XVIII. The Consumer Corner. 38 came at a time when school security a fitting tribute to the fallen officer— measures needed to be greatly Keith Houts—would be to make the XIX. Recalls Update . 39 increased and certainly not ignored.We adequate funding of law enforcement XX. Firm Activities . 40 spend hundreds of billions of dollars needs a top priority at the federal, state, rebuilding Iraq, but for some reason, and local levels of government. XXI. Some Closing Observations . 42 can’t find the funds needed to protect our school children.A report available XXII. Some Parting Words . 42 2 BeasleyAllen.com financial aid from a $10 million needs- MANY FACTORS WILL DETERMINE WINNERS cally which party’s candidates would based program included in the settle- ON NOVEMBER 7 TH get their vote in Congressional races. ment.Also included in the settlement is Democrats had a 23-point lead over $25.8 million to Alabama State Univer- The national political picture seems Republicans in every group of people sity for repairs and new programs and to be undergoing a major shift, as the questioned in the poll. This included $7.3 million to Alabama A&M for repairs public is beginning to fully realize how voters, registered voters, and adults. It’s at that campus. Judge Murphy issued an badly the failed policies of the Bush highly significant that it shows the lead Administration have hurt our country. order on September 28th saying $45.5 Republicans had a month before they million in surplus education budget When you factor in all of the corruption took control of Congress in 1994 was funds should be used to settle major and scandals involving public officials less than half that number. It represents issues in the case.As you may recall, the and lobbyists in Washington, the terrific the largest margin among registered lawsuit stemmed from the U.S. Depart- toll related to the occupation of Iraq, voters the Democrats have had since ment of Education’s 1979 finding that and the huge budget deficit, things 1978.This poll was run before the Foley there were still traces of segregation in couldn’t be going much worse for the scandal and the perceived cover-up by Alabama’s college system. Obviously, GOP.All national polls show that Ameri- the Republican leadership surfaced. I that was over 26 years ago. It’s difficult cans still rank the Iraq War and terror- suspect that margin is much wider to understand why this case has hung ism as the biggest problems facing the today. around so long. country. Normally, the economy is a Nevertheless, Republican strategists The federal government sued the major factor in congressional races are working hard trying to paint State of Alabama in 1981 after university and in many instances it determines Democrats as being weak on national leaders failed to agree on a plan to winners and losers.The polls reveal that security. So far, those efforts have fallen correct the problem.According to the Republican efforts to capitalize on what on deaf ears. Since the polls referred to lawyers involved, the case should be they claim to be good economic news above were run-before the latest book resolved in a maximum of two months. will run up against strong voter pes- by Bob Woodruff came out and prior to Lawyers for the parties to the suit are simism on the issue.They simply don’t the Foley scandal—things have defi- presently working out a final version of believe the spin that the President and nitely become much worse for the GOP. the settlement. The settlement, if others are trying to put on the state of When a party runs on family values, approved, will provide a five-year imple- the economy. Most folks I talk with voters expect men and women elected mentation period for changes to be about the economy in my state tell me under their banner to really understand made. I hope none of the proposed they certainly don’t believe it’s as good what family values are all about. I terms will need that much time. A as some of the national politicians say it believe most folks have had enough and is. A recent New York Times-CBS poll fourth trial in the case had been set to will vote for change on November 7th. found that 36% of respondents in the start on October 10th. Source: Forbes and Associated Press Frankly, it’s high time for this case to U.S. think the economy is getting worse, come to an end. The lawsuit was a versus only 17% who see it improving. prime example of a state not facing up Several factors could be causing the VOTERS FIRST PLEDGE IS A GOOD THING to an obvious problem and then gloom over the economy—pessimism More than a dozen national and state working out a satisfactory solution. related to the war in Iraq, exploding organizations have sent out messages to Judge Murphy, who is based in Rome, health care costs, a moral decline that is their members about the “Voters First” Georgia, has been traveling to Birming- becoming more dangerous than ever, pledge asking them to contact their ham for years to preside over the case.
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