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2008 Annual Report
5 YEARS OF EXCELLENCE FEATURED ARTICLES AND THE 2008 ANNUAL REPORT Benjamin Franklin’s Shoe PAGE 4 A Road Rich with Milestones PAGE 10 Today and Tomorrow: 2008 Annual Report PAGE 16 2008 Financials PAGE 22 FEATUREMAILBOX ONE 2 NATIONAL CONSTITUTION CENTER 5 Years of Excellence LETTER FROM THE EDITORS Dear Friends: Exceptional. That is the only word that can fully describe the remarkable strides the National Constitution Center has made in the past five years. Since opening its doors on July 4, 2003, it has developed into one of the most esteemed institutions for the ongoing study, discussion and celebration of the United States’ most cherished document. We’re pleased to present a celebration of the Center’s first five years and the 2008 Annual Report. In the following pages you will read about the Center’s earliest days and the milestones it has experienced. You will learn about the moving exhibitions it has developed and presented over the years. You will look back at the many robust public conversations led by national figures that have occurred on site, and you will be introduced to a new and innovative international initiative destined to carry the Center boldly into the future. It has been a true pleasure to work for this venerable institution, informing and inspiring We the People. We both look forward to witnessing the Center’s future achievements and we are honored that the next chapter of this story will be written by the Center’s new Chairman, President Bill Clinton. Sincerely, President George H. W. Bush Joseph M. -
CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt
March 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 6 7157 raise about $300 billion a year. They Sunday, digging deep and putting were confirmed without a single dis- are not refunding that. So this is an- money in, a far greater percentage of senting vote by Democrats. Notwith- other giant problem the President has their pocket—and they are not getting standing that, Senate Republicans with his budget. any tax break for that. They are not have decided to ignore the national se- A couple other concluding points. We getting a tax break. They take a stand- curity challenges this country is facing have a situation here where we should ard deduction and they give to charity since the attacks of 9/11, and they have sit down together and think about our because it helps the people in this returned to their partisan, narrow, ide- children, our grandchildren. Instead of country who are in need. These are ological, and divisive tactics of the giving us what we want today, let us people who barely have enough money 1990s. think about the debt we are passing on to pay for food for their own families, In fact, it was the nomination of Eric to them. What is that debt like? It is as yet they give to charity. Holder to be the Deputy Attorney Gen- though we have taken their credit card Let us stop setting up a straw man eral in 1997 that was the last time a and we are running up their credit card that somehow the very wealthy among President’s choice for Deputy Attorney and they have to pay the finance us won’t give anything to charity if we General was held up in the Senate. -
Federal Erosion of Business Civil Liberties
“What is astonishing is that the attorney-client privilege, one of the foundational rights on which rests Anglo-American legal culture . should now be under siege. The two federal agencies that have been most SPECIAL REPORT: vigorous in seeking waiver of the attorney-client privilege have been the Department of Federal Erosion Justice and — unfortunately, I of Business must say — the Securities and Exchange Commission.” Civil Liberties Paul S. Atkins SEC Commissioner January 18, 2008 WLF Washington Legal Foundation “The message should be clear Advocate for freedom and justice© 2009 Massachusetts Avenue, NW that prosecutions will go as high Washington, DC 20036 up the corporate hierarchy as www.wlf.org the evidence permits and we will hold senior managers of corporations accountable, as well as the corporation itself.” Granta Y. Nakayama EPA Assistant Administrator for Enforcement and Compliance June 12, 2006 SPECIAL REPORT: Federal Erosion of Business Civil Liberties This Report, along with WLF’s Timeline: Federal Erosion of Business Civil Liberties, is a part of our ongoing CRIMINALIZATION OF FREE ENTERPRISE—BUSINESS CIVIL LIBERTIES PROGRAM. For more information on this program or to receive additional copies of this Report or the Timeline, please contact WLF at (202) 588-0302 or visit us online at www.wlf.org. Copyright © 2008 Washington Legal Foundation Table of Contents Introduction: The Honorable Dick Thornburgh .........................ii Chapter One: Mens Rea, Public Welfare Offenses, and the Responsible Corporate Officer Doctrine ............................ 1-1 Chapter Two: Environmental Protection Agency Criminal Enforcement Policies ............................................. 2-1 Chapter Three: Department of Justice Criminal Prosecution Policies ....... 3-1 Chapter Four: Parallel Civil and Criminal Prosecutions ................ -
JUDICIAL COUNCIL of GEORGIA General Session
JUDICIAL COUNCIL OF GEORGIA General Session Friday, April 26, 2019 10 a.m. – 12:30 p.m. Columbus Convention & Trade Center Sycamore Room 801 Front Avenue Columbus, GA 31901 Judicial Council of Georgia General Session Columbus Convention & Trade Center 801 Front Avenue – Sycamore Room Columbus, GA 31901 Friday, April 26, 2019 10 a.m. – 12:30 p.m. Lunch will be served immediately following the Council meeting 1. Preliminary Remarks and Introductions (Chief Justice Harold D. Melton, Est. Time – 5 Min.) 2. Approval of Minutes, February 15, 2019 (Action Item) TAB 1 (Chief Justice Harold D. Melton, Est. Time – 2 Min.) 3. Presentation: Southwest Georgia Legal Self-Help Center (Project Update) (Ms. Laureen Kelly, Dougherty County Law Library, Est. Time – 10 Min.) 4. Judicial Council Committee Reports A. Budget Committee TAB 2 (Ms. Maleia Wilson, Est. Time – 5 Min.) B. Legislation Committee TAB 3 (Presiding Justice David E. Nahmias, Est. Time – 5 Min.) C. Technology Committee TAB 4 (Chief Justice Harold D. Melton, Est. Time – 5 Min.) D. Strategic Plan Committee TAB 5 (Judge W. Allen Wigington, Est. Time – 3 Min.) E. Judicial Workload Assessment Committee (Action Item) TAB 6 (Judge Stephen D. Kelley & Mr. Christopher Hansard, Est. Time – 7 Min.) F. Court Reporting Matters Committee (Action Item) TAB 7 (Vice Chief Judge Christopher J. McFadden, Est. Time – 5 Min.) G. Sexual Harassment Prevention Committee (written report) TAB 8 5. Report from Judicial Council/AOC TAB 9 (Ms. Cynthia H. Clanton, Est. Time – 10 Min.) 6. Reports from Appellate Courts, Trial Court Councils & State Bar TAB 10 (Est. Time – 10 min.) A. -
Demystifying the Inner Working and Culture of the Georgia
Special Contribution Open Chambers Revisited: Demystifying the Inner Workings and Culture of the Georgia Court of Appeals by Stephen Louis A. Dillard* I was sitting in my cluttered but comfortable office, preparing for what would ultimately be my last hearing as a lawyer, when the phone rang. On the other end of the line was Governor Sonny Perdue's executive as- sistant: "Mr. Dillard, do you have time to speak with the governor?" I did, of course. And less than two weeks after that brief but life-changing conversation with Governor Perdue, I was one of Georgia's two newly- appointed appellate judges (and the seventy-third judge to serve on the court of appeals since 1906).1 * Vice Chief and Presiding Judge, Georgia Court of Appeals. Samford University (B.A., 1992); Mississippi College School of Law (J.D., cum laude, 1996). Member, State Bar of Georgia. I am grateful to my friends and colleagues Justice Keith Blackwell, Chief Judge Sara Doyle, and Judges Michael Boggs, Lisa Branch, Christopher McFadden, Carla McMillian, Billy Ray, and Nels Peterson for their thoughtful comments on earlier drafts of this essay. I am also indebted to my staff attorneys, P. Robert Elzey, Mary C. Davis, and Tiffany D. Gardner, as well as Michael B. Terry and Benjamin R. Dinges, for their invaluable feedback and helpful suggestions. I also offer my sincere gratitude to Lydia Cook, my administrative assistant, for her encouragement and support throughout this process and for everything she does to make my chambers run as smoothly as possible. Finally, I am eternally grateful for the patience and loving support of my wife (Krista) and children (Jackson, Lindley, and Mary Margaret) in this endeavor, as well as in everything I do in my capacity as a judge. -
Unclassified Report on the President's Surveillance Program
10 July 2009 Preface (U) Title III of the Foreign Intelligence Surveillance Act Amendments Act of 2008 required the Inspectors General (IGs) of the elements of the Intelligence Community that participated in the President's Surveillance Program (PSP) to conduct a comprehensive review of the program. The IGs of the Department of Justice, the Department of Defense, the Central Intelligence Agency, the National Security Agency, and the Office of the Director of National Intelligence participated in the review required under the Act. The Act required the IGs to submit a comprehensive report on the review to the Senate Select Committee on Intelligence, the Senate Committee on the Judiciary, the House Permanent Select Committee on Intelligence, and the House Committee on the Judiciary. (U) In response to Title III requirements, we have prepared this unclassified report on the PSP, which summarizes the collective results of our reviews. Because many aspects of the PSP remain classified, and in order to provide the Congressional committees the complete results of our reviews, we also prepared, and have bound separately, a classified report on the PSP. The individual reports detailing the results of each IG's review are annexes to the classified report . L Co,J)_~. £b./I2W Glenn A. Fine Gordon S. Heddell o Inspector General Acting Inspector General Department of Justice Department of Defense r 9rlnl Wtt&J1;:J f20j0JLc( Patricia A. LeWiS Ge ~ Acting Inspector General Inspector General Central Intelligence Agency National Security Agency ROkh:.~ ~ Inspector General Office of the Director of National Intelligence UNCLASSIFIED REPORT ON THE PRESIDENT'S SURVEILLANCE PROGRAM I. -
Political Control of Federal Prosecutions: Looking Back and Looking Forward
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2009 Political Control of Federal Prosecutions: Looking Back and Looking Forward Daniel C. Richman Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Administrative Law Commons, Law and Politics Commons, and the President/Executive Department Commons Recommended Citation Daniel C. Richman, Political Control of Federal Prosecutions: Looking Back and Looking Forward, 58 DUKE L. J. 2087 (2009). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2464 This Essay is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. POLITICAL CONTROL OF FEDERAL PROSECUTIONS: LOOKING BACK AND LOOKING FORWARD DANIEL RICHMANt ABSTRACT This Essay explores the mechanisms of control over federal criminal enforcement that the administration and Congress used or failed to use during George W. Bush's presidency. It gives particular attention to Congress, not because legislators played a dominant role, but because they generally chose to play such a subordinate role. My fear is that the media focus on management inadequacies or abuses within the Justice Department during the Bush administrationmight lead policymakers and observers to overlook the -
Important Figures in the NSC
Important Figures in the NSC Nixon Administration (1969-1973) National Security Council: President: Richard Nixon Vice President: Spiro Agnew Secretary of State: William Rogers Secretary of Defense: Melvin Laird Assistant to the President for National Security Affairs (APNSA): Henry Kissinger Director of CIA: Richard Helms Chairman of Joint Chiefs: General Earle Wheeler / Admiral Thomas H. Moorer Director of USIA: Frank Shakespeare Director of Office of Emergency Preparedness: Brig. Gen. George Lincoln National Security Council Review Group (established with NSDM 2) APNSA: Henry A. Kissinger Rep. of Secretary of State: John N. Irwin, II Rep. of Secretary of Defense: David Packard, Bill Clements Rep. of Chairman of Joint Chiefs: Adm. Thomas H. Moorer Rep. of Director of CIA: Richard Helms, James R. Schlesinger, William E. Colby National Security Council Senior Review Group (NSDM 85—replaces NSCRG/ NSDM 2) APNSA: Henry A. Kissinger Under Secretary of State: Elliott L. Richardson / John N. Irwin, II Deputy Secretary of Defense: David Packard / Bill Clements Director of Central Intelligence: Richard Helms Chairman of the Joint Chiefs of Staff: General Earle Wheeler / Admiral Thomas H. Moorer Under Secretary’s Committee: Under Secretary of State: Elliott L. Richardson / John N. Irwin, II APNSA: Henry Kissinger Deputy Secretary of Defense: David Packard / Bill Clements Chairman of Joint Chiefs: Gen. Earle G. Wheeler / Adm. Thomas H. Moorer Director of CIA: Richard M. Helms Nixon/Ford Administration (1973-1977) National Security Council: President: Richard Nixon (1973-1974) Gerald Ford (1974-1977) Vice President: Gerald Ford (1973-1974) Secretary of State: Henry Kissinger Secretary of Defense: James Schlesinger / Donald Rumsfeld APNSA: Henry Kissinger / Brent Scowcroft Director of CIA: Richard Helms / James R. -
A Special Thank You to Georgia's Lawyer-Legislators
)HEUXDU\9ROXPH1XPEHU A Special Thank You to Georgia’s Lawyer-Legislators STATE BAR 2- WAY ACCESS TO SAM NUNN FEDERAL 2-WAY TRAFFIC CENTER PARKING ON CENTENNIAL OLYMPIC PARK DRIVE SPRING STREET BRIDGE REPAIR DETOUR NORTHERN PHASE Sept. 2014-Sept. 2015 For more information and alternative parking options, please visit www.gabar.org/springstdetours.cfm Members receive up to a $355 Discount Get the best legal technology with a discount on registration to ABA TECHSHOW for the members of State Bar of Georgia. Register for ABA TECHSHOW under the Event promoter rate and enter your Association’s unique code TECHSHOWEP15. BRINGING LAWYERS & TECHNOLOGY TOGETHER HILTON CHICAGO | WWW.TECHSHOW.COM | @ABATECHSHOW | #ABATECHSHOW | CHICAGO, IL Quick Dial Editorial Board Attorney Discipline 800-334-6865 Editor-in-Chief ext. 720 404-527-8720 Bridgette E. Eckerson Consumer Assistance Program 404-527-8759 Members Conference Room Reservations 404-419-0155 Julia Anderson Jacob Edward Daly Fee Arbitration 404-527-8750 Donald P. Boyle Jr. Lynn Gavin CLE Transcripts 404-527-8710 Diversity Program 404-527-8754 Jacqueline F. Bunn Chad Henderson ETHICS Helpline 800-682-9806 John Clay Bush Michelle J. Hirsch 404-527-8741 Clayton Owen Carmack Michael Eric Hooper Georgia Bar Foundation/IOLTA 404-588-2240 Georgia Bar Journal 404-527-8791 David Gan-wing Cheng Hollie G. Manheimer Governmental Affairs 404-526-8608 James William Cobb Addison Johnson Schreck Lawyer Assistance Program 800-327-9631 Timothy Jerome Colletti Pamela Y. White-Colbert Law Practice Management 404-527-8773 Law-Related Education 404-527-8785 Membership Records 404-527-8777 Editors Emeritus Meetings Information 404-527-8790 Robert R. -
The Mcnulty Memorandum, the KPMG Decision and Corporate Cooperation: Individual Rights and Legal Ethics
The Catholic University of America, Columbus School of Law CUA Law Scholarship Repository Scholarly Articles and Other Contributions Faculty Scholarship 2008 The McNulty Memorandum, the KPMG Decision and Corporate Cooperation: Individual Rights and Legal Ethics Sarah Helene Duggin The Catholic University of American, Columbus School of Law Follow this and additional works at: https://scholarship.law.edu/scholar Part of the Business Organizations Law Commons Recommended Citation Sarah Helene Duggin, The McNulty Memorandum, the KPMG Decision and Corporate Cooperation: Individual Rights and Legal Ethics, 21 GEO. J. LEGAL ETHICS 341 (2008). This Article is brought to you for free and open access by the Faculty Scholarship at CUA Law Scholarship Repository. It has been accepted for inclusion in Scholarly Articles and Other Contributions by an authorized administrator of CUA Law Scholarship Repository. For more information, please contact [email protected]. 2007 SYMPOSIUM The McNulty Memorandum, the KPMG Decision and Corporate Cooperation: Individual Rights and Legal Ethics SARAH HELENE DUGGIN* TABLE OF CONTENTS I. THE CURRENT STATUS OF FEDERAL CORPORATE COOPERATION POLICIES AND ONGOING EFFORTS TO EFFECT ADMINISTRATIVE, LEGISLATIVE, AND DOCTRINAL CHANGE .................... 349 A. THE ORIGIN AND EVOLUTION OF FEDERAL CORPORATE COOPERATION POLICIES ............................. 349 B. THE McNULTY MEMORANDUM ..................... 356 1. PRINCIPAL PROVISIONS ............................ 357 a. W aiver Requests .............................. 357 b. -
Judicial Council of Georgia
JUDICIAL COUNCIL OF GEORGIA Friday, February 14, 2020 10:00 a.m. – 12:30 p.m. James H. “Sloppy” Floyd Building – Floyd Room 2 Martin Luther King, Jr., Drive West Tower, 20th Floor Atlanta, GA 30334 Judicial Council of Georgia General Session James H. “Sloppy” Floyd Building – Floyd Room 2 Martin Luther King, Jr. Drive West Tower, 20th Floor Atlanta, GA 30334 Friday, February 14, 2020 10 a.m. – 12:30 p.m. Lunch will be served immediately following the Council meeting 1. Preliminary Remarks and Introductions (Chief Justice Harold D. Melton, Est. Time – 5 Min.). 2. Approval of Minutes, December 6, 2019 (Action Item) TAB 1 (Chief Justice Harold D. Melton, Est. Time – 2 Min.) 3. Georgia Government Transparency and Campaign Finance Commission (Ethics Commission) (Mr. David Emadi – Est. Time – 10 Min.) 4. Institute of Continuing Judicial Education (Action Item) TAB 2 (Mr. Doug Ashworth, Est. Time – 10 Min.) 5. Judicial Council Committee Reports A. Legislation Committee (Action Item) TAB 3 (Presiding Justice David E. Nahmias, Est. Time – 10 Min.) B. Budget Committee TAB 4 (Ms. Maleia Wilson, Est. Time – 10 Min.) C. Technology Committee TAB 5 D. Cybersecurity Insurance for Judiciary Committee TAB 6 (Judge Christian Coomer and Ms. Tynesha Manuel, Est. Time – 5 Min.) 6. Report from Judicial Council/AOC TAB 7 (Ms. Cynthia H. Clanton, Est. Time – 10 Min.) 7. Reports from Courts, Councils & State Bar TAB 8 (Est. Time – 20 min.) A. Supreme Court B. Court of Appeals C. Business Court D. Council of Superior Court Judges E. Council of State Court Judges F. Council of Juvenile Court Judges G. -
Part IV. Professionalism Here Be Dragons
Originally published in Alice Gosfield, Health Law Handbook 2018 Edition, © 2018 Thomson Reuters. Used with permission. Health Law Handbook 2018 Edition is available in print and on Westlaw. For more information on this publication, please visit legalsolutions.thomsonreuters.com. Part IV. Professionalism Here Be Dragons: Navigating Dangerous Territory with A “Challenging” Client WILLIAM W. HORTON JONES WALKER LLP I. AN INTRODUCTORY VIGNETTE: IT’S BETTER TO SEEK FORGIVENESS THAN PERMISSION. BUT THEN, ONLY THE LITTLE PEOPLE RE- ALLY NEED FORGIVENESS ANYWAY ............... 684 II. SITUATIONS THEY DON’T REALLY COVER IN ETHICS CLASS .............................................. 687 A. True Life, Ripped from the Headlines ............... 687 1. Too Many Lawyers .................................... 687 2. Acting on Advice of Counsel ......................... 692 3. How Can I Miss You If You Won’t Go Away? .... 700 B. But We’re Healthcare Lawyers! What Does All This Have to Do with Us? ............................... 703 III. PROFESSIONAL RESPONSIBILITY AND PRACTICAL REALITY: DEALING WITH THE ETHICAL AND PRACTICAL ISSUES THAT ARISE IN A “CHALLENGING” ATTORNEY-CLIENT RE- LATIONSHIP ................................................. 708 A. First Principles (and First Problems) ............... 709 B. A Surfeit of Lawyers ..................................... 711 C. “The Lawyers Don’t Want Me to Say This, but . .” ......................................................... 715 D. The Slippery Slope from Counselor to Conspira- tor ...........................................................