Minutes Alabama State Bar Board of Bar
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International Society of Barristers Quarterly
International Society of Barristers Volume 52 Number 2 ATTICUS FINCH: THE BIOGRAPHY—HARPER LEE, HER FATHER, AND THE MAKING OF AN AMERICAN ICON Joseph Crespino TAMING THE STORM: THE LIFE AND TIMES OF JUDGE FRANK M. JOHNSON JR. AND THE SOUTH’S FIGHT OVER CIVIL RIGHTS Jack Bass TOMMY MALONE: THE GUIDING HAND SHAPING ONE OF AMERICA’S GREATEST TRIAL LAWYERS Vincent Coppola THE INNOCENCE PROJECT Barry Scheck Quarterly Annual Meetings 2020: March 22–28, The Sanctuary at Kiawah Island, Kiawah Island, South Carolina 2021: April 25–30, The Shelbourne Hotel, Dublin, Ireland International Society of Barristers Quarterly Volume 52 2019 Number 2 CONTENTS Atticus Finch: The Biography—Harper Lee, Her Father, and the Making of an American Icon . 1 Joseph Crespino Taming the Storm: The Life and Times of Judge Frank M. Johnson Jr. and the South’s Fight over Civil Rights. 13 Jack Bass Tommy Malone: The Guiding Hand Shaping One of America’s Greatest Trial Lawyers . 27 Vincent Coppola The Innocence Project . 41 Barry Scheck i International Society of Barristers Quarterly Editor Donald H. Beskind Associate Editor Joan Ames Magat Editorial Advisory Board Daniel J. Kelly J. Kenneth McEwan, ex officio Editorial Office Duke University School of Law Box 90360 Durham, North Carolina 27708-0360 Telephone (919) 613-7085 Fax (919) 613-7231 E-mail: [email protected] Volume 52 Issue Number 2 2019 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. -
Race, Civil Rights, and the United States Court of Appeals for the Fifth Judicial Circuit
RACE, CIVIL RIGHTS, AND THE UNITED STATES COURT OF APPEALS FOR THE FIFTH JUDICIAL CIRCUIT By JOHN MICHAEL SPIVACK A DISSERTATION PRESENTED TO THE GRADUATE COUNCIL OF THE UNIVERSITY OF FLORIDA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY UNIVERSITY OF FLORIDA 1978 Copyright 1978 by John Michael Spivack ACKNOWLEDGEMENTS In apportioning blame or credit for what follows, the allocation is clear. Whatever blame attaches for errors of fact or interpretation are mine alone. Whatever deserves credit is due to the aid and direction of those to whom I now refer. The direction, guidance, and editorial aid of Dr. David M. Chalmers of the University of Florida has been vital in the preparation of this study and a gift of intellect and friendship. his Without persistent encouragement, I would long ago have returned to the wilds of legal practice. My debt to him is substantial. Dr. Larry Berkson of the American Judicature Society provided an essential intro- duction to the literature on the federal court system. Dr. Richard Scher of the University of Florida has my gratitude for his critical but kindly reading of the manuscript. Dean Allen E. Smith of the University of Missouri College of Law and Fifth Circuit Judge James P. Coleman have me deepest thanks for sharing their special insight into Judges Joseph C. Hutcheson, Jr., and Ben Cameron with me. Their candor, interest, and hospitality are appre- ciated. Dean Frank T. Read of the University of Tulsa School of Law, who is co-author of an exhaustive history of desegregation in the Fifth Cir- cuit, was kind enough to confirm my own estimation of the judges from his broad and informed perspective. -
The Fifth Circuit Four: the Unheralded Judges Who Helped to Break Legal Barriers in the Deep South Max Grinstein Junior Divisio
The Fifth Circuit Four: The Unheralded Judges Who Helped to Break Legal Barriers in the Deep South Max Grinstein Junior Division Historical Paper Length: 2,500 Words 1 “For thus saith the Lord God, how much more when I send my four sore judgments upon Jerusalem, the sword, and the famine, and the noisome beast, and the pestilence, to cut off from it man and beast.”1 In the Bible, the Four Horsemen of the Apocalypse are said to usher in the end of the world. That is why, in 1964, Judge Ben Cameron gave four of his fellow judges on the United States Court of Appeals for the Fifth Circuit the derisive nickname “the Fifth Circuit Four” – because they were ending the segregationist world of the Deep South.2 The conventional view of the civil rights struggle is that the Southern white power structure consistently opposed integration.3 While largely true, one of the most powerful institutions in the South, the Fifth Circuit, helped to break civil rights barriers by enforcing the Supreme Court’s decision in Brown v. Board of Education, something that other Southern courts were reluctant to do.4 Despite personal and professional backlash, Judges John Minor Wisdom, Elbert Tuttle, Richard Rives, and John Brown played a significant but often overlooked role in integrating the South.5 Background on the Fifth Circuit The federal court system, in which judges are appointed for life, consists of three levels.6 At the bottom are the district courts, where cases are originally heard by a single trial judge. At 1 Ezekiel 14:21 (King James Version). -
Lawyers in Love ... with Lawyers
BBarar Luncheon:Luncheon: TTuesday,uesday, FFeb.eb. 1199 IInside:nside: FFrackingracking Alt.Alt. WWellsells AAttorneyttorney sspotlight:potlight: LLarandaaranda MMoffoff eetttt WWalkeralker IInterviewnterview wwithith FFamilyamily CCourtourt LLawyersawyers inin LoveLove ...... JJudgeudge CharleneCharlene CCharletharlet DDayay wwithith LLawyersawyers Dear Chief Judge and Judges of the 19th JDC, It has come to my attention that our Court is about to approve a policy concerning the use of cellphones in our courthouse. I am told that what is being considered is that only attorneys with bar cards and court personnel will be allowed to bring a cellphone into our courthouse. On behalf of the Baton Rouge Bar Association, I request that we be allowed some input into this decision. I understand that the incident that prompted this policy decision is a person using a cellphone to video record a proceeding in a courtroom. That conduct, of course, is unacceptable. I would like to address with the Court options other than banning cellphones. I would suggest we use signs telling those in the courtroom that, if they wish to use their cellphone, they need to walk out into the hallway and that, if anyone is caught using a cellphone in the courtroom, the cellphone will be taken away and they will be held in contempt of court. The bailiff can announce this before the judge takes the bench. 2013 BOARD OF DIRECTORS Here is our concern: As you know, there are no payphones in the courthouse. Scenario 1: One of our citizens comes to our courthouse as a witness in a trial or to come to the clerk’s offi ce for some reason. -
Frank M. Johnson Jr. Federal Building and US Courthouse
NATIONAL HISTORIC LANDMARK NOMINATION NPS Form 10-900 USDI/NPS NRHP Registration Form (Rev. 8-86) OMB No. 1024-0018 U.S. POST OFFICE AND COURTHOUSE Page 1 (FRANK M. JOHNSON JR. FEDERAL BUILDING AND U.S. COURTHOUSE) United States Department of the Interior, National Park Service National Register of Historic Places Registration Form 1. NAME OF PROPERTY Historic Name: U.S. Post Office and Courthouse (Frank M. Johnson Jr. Federal Building and U.S. Courthouse) Other Name/Site Number: Frank M. Johnson Jr. Federal Building and U.S. Courthouse 2. LOCATION Street & Number: 15 Lee Street Not for publication: City/Town: Montgomery Vicinity: State: AL County: Montgomery Code: 101 Zip Code: 36104 3. CLASSIFICATION Ownership of Property Category of Property Private: Building(s): ___ Public-Local: District: ___ Public-State: ___ Site: ___ Public-Federal: _X_ Structure: ___ Object: ___ Number of Resources within Property Contributing Noncontributing 1 buildings sites structures objects 1 Total Number of Contributing Resources Previously Listed in the National Register: 1 Name of Related Multiple Property Listing: DRAFT NPS Form 10-900 USDI/NPS NRHP Registration Form (Rev. 8-86) OMB No. 1024-0018 U.S. POST OFFICE AND COURTHOUSE Page 2 (FRANK M. JOHNSON JR. FEDERAL BUILDING AND U.S. COURTHOUSE) United States Department of the Interior, National Park Service National Register of Historic Places Registration Form 4. STATE/FEDERAL AGENCY CERTIFICATION As the designated authority under the National Historic Preservation Act of 1966, as amended, I hereby certify that this ____ nomination ____ request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. -
Wisdom, Hon. John Minor
Published September 1999 Hon. John Minor Wisdom J By Fifth Circuit Court of Appeals in 1957 (after the judge Adrienne O’Connell turned down an earlier nomination in 1953). At that time, the Fifth Circuit encompassed the states of Alabama, Flor- u Honor, courage, compassion, justice, imagina- ida, Georgia, Louisiana, Mississippi and Texas and was tion, and wisdom. These are the six words describ- the largest circuit court in the country, in terms of both d ing Judge John Minor Wisdom which are etched geography and caseload. (It has since been split into the into the stained glass windows in the room at Tu- Fifth and Eleventh Circuits, in a move that Judge Wisdom lane Law School that was dedicated in 1998 to hold strongly opposed.) Judge Wisdom joined the court shortly g the judge’s extensive collection of legal and histori- after the U.S. Supreme Court decided Brown v. Board of Edu- cal books and papers. These six words describe cation, 347 U.S. 483 (1954), and Brown v. Board of Education, e qualities that have permeated the entire career of 349 U.S. 294 (1955), which ordered the implementation Judge Wisdom, a senior judge on the federal Fifth of school desegregation with “all deliberate speed.” It Circuit Court of Appeals, who is renowned for his was a difficult time to be a federal judge in the South, but s opinions on civil rights matters in the 1960s. Judge Wisdom did not falter in making unpopular deci- Judge Wisdom was born in 1905 in New Or- sions that he knew were right, and he is viewed as being leans. -
The Selma March and the Judge Who Made It Happen
6 BASS 537-560 (DO NOT DELETE) 1/7/2016 2:08 PM THE SELMA MARCH AND THE JUDGE WHO MADE IT HAPPEN Jack Bass During the violent storm that marked the Civil Rights Era that overturned the “Southern Way of Life” marked by racial segregation and the virtual removal of any participation by African-Americans in civil affairs such as voting and serving on juries that followed U.S. Supreme Court rulings at the end of the nineteenth century, no individual judge did more to restore such rights than Frank M. Johnson, Jr. on the Middle District of Alabama. Those Supreme Court cases a half-century earlier of course included Plessy v. Ferguson in 1896, but also the almost unknown case of Williams v. Mississippi in 1898, and the two still little- known Giles cases from Alabama that soon followed. Essentially they gave constitutional approval for Southern states to all but eliminate African- Americans from voting. It is the historic background that provides the exceptional importance of Judge Johnson’s unprecedented order in restoring full voting rights for African-American Southerners. At thirty-seven, the youngest federal judge in the nation, Johnson called for a three-judge District Court on which he voted first in the 1956 Montgomery Bus Boycott case. Fifth Circuit Judge Richard Rives of Montgomery joined Johnson in a 2–1 ruling that for the first time expanded the Supreme Court ruling in Brown v. Board of Education beyond the issue of segregated schools. And as is well known, the outcome of that case launched the civil rights career of Dr. -
Lynching and the Law in Georgia Circa 1931: a Chapter in the Legal Career of Judge Elbert Tuttle
William & Mary Bill of Rights Journal Volume 5 (1996-1997) Issue 1 Article 6 December 1996 Lynching and the Law in Georgia Circa 1931: A Chapter in the Legal Career of Judge Elbert Tuttle Anne S. Emanuel Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Civil Rights and Discrimination Commons, and the Constitutional Law Commons Repository Citation Anne S. Emanuel, Lynching and the Law in Georgia Circa 1931: A Chapter in the Legal Career of Judge Elbert Tuttle, 5 Wm. & Mary Bill Rts. J. 215 (1996), https://scholarship.law.wm.edu/ wmborj/vol5/iss1/6 Copyright c 1996 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj LYNCHING AND THE LAW IN GEORGIA CIRCA 1931: A CHAPTER IN THE LEGAL CAREER OF JUDGE ELBERT TUTTLE Anne S. Emanuel* Elbert Parr Tuttle joined the federal bench in 1954, shortly after the Supreme Court decided Brown v. Board of Education. In 1960, he became the Chief Judge of the United States Court of Appeals for the Fifth Circuit, the court with jurisdiction over most of the deep south. As Chief Judge, he forged a jurisprudence that proved effective in overcoming the intransigence and outright rebellion of those who had long denied fundamental constitu- tional rights to African Americans. This Essay traces an episode that occurred in 1931, when Tuttle spear- headed an effort to obtain a fair trial for John Downer, a black man ac- cused by a white woman of rape. -
State Bar Section Report School Law
State Bar Section Report School Law Newsletter Coeditors Editorial Review Board Fall 2004 Michael Shirk Cheryl T. Mehl Chris Elizalde Vol. 6, No. 3 Miles T. Bradshaw Derrell A. Coleman Angela G. Bishop Carolyn Hanahan Julie Leahy Robert J. Young Greetings School Law Section Members! First of all, let me thank you for your membership in the School Law Section. The section fosters collaboration and quality legal education for members of the school law community. You can help by your continued participation in the section. We also need you to encourage colleagues to join the section. You can also help by either contributing or suggesting topics and/or authors for our newsletter. Our editors have done an outstanding job putting this issue together, but they need your help to continue the high quality of work for which our publication is known. One of the projects just authorized by the section council was a proposal by newsletter Co-Editor, Michael Shirk to hold a writ- ing competition for law students interested in writing topics on school law. Another project underway is a rewrite of the section’s governance documents. Among the subjects under considera- tion will be a proposal to move our official business meeting at which officers and directors are selected from the annual meeting of the state bar to our retreat. While we feel that more of our members participate in the retreat than our meeting at the state bar annual meeting, we want to increase interest in our section by continuing to have a strong presence at the annual meeting. -
Miss Eunice 323B Marguerit June 11, 1968 Corona Del Mar, Calif. 92625
HORNSBY 0c KIRK JOHN HORNSBY (1870-1947) L AWYERS AREA S l 2 S TANLEY HORN SBY 472-3161 LOUISE K I RK 314 FIRST FEDERAL SAVI NGS BLDG. AUST! N 1 TEXAS 7870 1 June 11, 1968 Miss Eunice 323B Marguerit Corona del Mar, Calif. 92625 Dear Miss I've just come across your query concerning the Reeves Rives-Crooke families in The Virginia Genealogist, Vol 8, No . 2, April-June, 1964 During the past several years I've done a great deal of work on the Reeves-Rieves-Rives family, including two inter marriages with people named Crook or Crooke. I'm a descendant of Burgess Reeves (Burgis Rives) , born in 1746 in what became Granville Co., N. C., and died in the Pendleton District, South Carolina, from which district he served in the South Carolina militia during the Revolution. I've followed sub stantially all of his descendants and hope to publish a gene alogy of the Reeves-Rives family in the next few years. Burgess was the son of Wm. Rives III, born around 1690- 1700 in Virginia, died 1751 in Granville Co., N. C. He was the son of Wm. Ryves II, born around 1672, probably in Vir ginia and died in Virginia (no proof), son of Wm. Rives or Ryves I . William Ryves or Rives I was born circa 1636, presumably in Oxfordshire, England, baptised at St. Mary and Magdalen, Oxford; died after 1695 in America, probably in Southern part of Virginia. In 1684-5 he was listed amon8 the tax payers in Southworke Parish, Surry Co . -
Are Federal Judges National Judges
Dear Gentle Reader, What follows is a brief overview of a project that I’ve only recently started, concerning the extent to which Article III judges are “national” as opposed to what I’m calling “regional.” As you’ll see, “regional” isn’t exactly the right word here, as many of the relevant divisions run along state lines. I’d be grateful for suggestions on terminology, other potential examples of judges being “national” or “regional,” and everything else. With thanks, MKL Are Federal Judges “National” Judges? Marin K. Levy Federal judges are often described as “national” judges: selected through the same national-level process, often applying the same national-level law, and having little connection to a particular sub-national geographic region (other than the limits of their jurisdictions). On this account, “the federal judiciary is, by its nature . a very nationalistic institution” and “federal judges are national officials[.]”1 The nationalism norm reflects important facts—some of them constitutionally- imposed—about how federal judges are selected and how they perform their jobs once on the bench. The constitution provides that federal judges are appointed by the president and generally confirmed by the Senate;2 state officials (governors, state senators, and the like) play no formal role in the process.3 Moreover, unlike, say, Congressional representatives, who must be inhabitants of the state from which they are elected, there is no constitutional requirement that federal judges be tied to a particular state or even region.4 After federal judges are confirmed, their work continues to be, in important respects, the work of a “national official.” Regardless of where they sit, federal judges are steeped in largely the same body of law—interpreting the same constitution, federal statutes, and much of the same precedent—and they often cite each other for persuasive authority. -
The Work of the Civil Rights Division in Enforcing Voting Rights Under the Civil Rights Acts of 1957 and 1960
Florida State University Law Review Volume 25 Issue 1 Article 1 1997 The Work of the Civil Rights Division in Enforcing Voting Rights Under the Civil Rights Acts of 1957 and 1960 John Doar [email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation John Doar, The Work of the Civil Rights Division in Enforcing Voting Rights Under the Civil Rights Acts of 1957 and 1960, 25 Fla. St. U. L. Rev. 1 (1997) . https://ir.law.fsu.edu/lr/vol25/iss1/1 This Essay is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW THE WORK OF THE CIVIL RIGHTS DIVISION IN ENFORCING VOTING RIGTHS UNDER THE CIVIL RIGHTS ACTS OF 1957 AND 1960 John Doar VOLUME 25 FALL 1997 NUMBER 1 Recommended citation: John Doar, Essay, The Work of the Civil Rights Division in Enforcing Voting Rigths Under the Civil Rights Acts of 1957 and 1960, 25 FLA. ST. U. L. REV. 1 (1997). THE WORK OF THE CIVIL RIGHTS DIVISION IN ENFORCING VOTING RIGHTS UNDER THE CIVIL RIGHTS ACTS OF 1957 AND 1960* JOHN DOAR** In 1957 Congress created the Civil Rights Division (Division) as part of the Civil Rights Act of 1957.1 During the first two and one- half years of its life, the Division moved slowly. As late as February 1960 the Division had not yet begun to act effectively to bar racial discrimination in voting.