Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, SECOND SESSION

Total Page:16

File Type:pdf, Size:1020Kb

Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, SECOND SESSION 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, THURSDAY, SEPTEMBER 21, 2006 No. 119 Senate The Senate met at 9:30 a.m. and was Senator from the State of Georgia, to per- way and, hopefully, we will be able to called to order by the Honorable JOHN- form the duties of the Chair. report back more on that later this NY ISAKSON, a Senator from the State TED STEVENS, afternoon. of Georgia. President pro tempore. Today, I believe most of the debate The Chaplain, Dr. Barry C. Black, of- Mr. ISAKSON thereupon assumed the postcloture time will be used on border fered the following prayer: chair as Acting President pro tempore. security and on the issues surrounding Let us pray: f immigration. We will have votes on Eternal and Almighty God, we have Monday and, I would say, they are like- RECOGNITION OF THE MAJORITY lived long enough to know that we can- ly Friday. As I have said each day this LEADER not escape Your presence or Your love. week, we may have to be in next Satur- Teach us Your way of salvation and The ACTING PRESIDENT pro tem- day. I urge our colleagues to focus on show us the path that leads to a mean- pore. The majority leader is recog- accelerating their work at the com- ingful life. nized. mittee level so we can finish at a rea- Today, use our lawmakers to accom- f sonable time next week. plish Your will. Stretch their under- Mr. REID. Mr. President, has the ma- SCHEDULE standing so that they will have the jority leader made a decision as to right priorities. Give them a creativity Mr. FRIST. Mr. President, today, we when we are going to vote Monday? to devise strategies which will make will begin a 30-minute period of morn- Mr. FRIST. Monday afternoon our Nation and world better. Enter ing business, which will be equally di- around 5 o’clock to 6:30. There have their hearts and make them Your vided between the two sides. Following been several questions about that. faithful servants. Equip them to relieve that morning business, we will return Mr. REID. The other question is, I suffering and to serve sacrificially. to the motion to proceed to the border recognize that other than delaying Make their highest motivation be not fence act. Cloture on the motion to things, if the majority wants to go to win over one another but to win proceed was unanimously invoked yes- home, that is what we do because we with one another by doing Your will. terday. The postcloture time will ex- have fewer votes than they have. But We pray in Your awesome Name. pire at 5:45 this afternoon. We will be my Senators are asking, and staff is Amen. on the bill at that time, or if an agree- asking, is this Friday and Saturday the ment is reached with the Democratic date that the majority is going to go f leader, we hope to proceed to it at an home? earlier time. Senators will be alerted Mr. FRIST. Next Friday or Saturday. PLEDGE OF ALLEGIANCE as to the prospects for rollcall votes as Mr. REID. The reason I say that, if The Honorable JOHNNY ISAKSON led we determine what the rest of today’s there is some anticipation that if the Pledge of Allegiance, as follows: schedule is. things don’t work out, we are going to I pledge allegiance to the Flag of the f go beyond next week, our folks should United States of America, and to the Repub- know that. lic for which it stands, one nation under God, ACTIVITY IN THE SENATE Mr. FRIST. It is very important, Mr. indivisible, with liberty and justice for all. Mr. FRIST. Mr. President, we have a President, that we keep everybody’s f lot of activity going on, both on the schedules clear because there are cam- floor and also off the floor. We have paigns going on. People need to get APPOINTMENT OF ACTING several conference reports, in terms of back to their States. It is our intent PRESIDENT PRO TEMPORE appropriations bills—Homeland Secu- that we are going to stick with it. Un- rity and Department of Defense. We are less there is an unforeseen emergency The PRESIDING OFFICER. The making real progress. We will address of some sort, we will finish next week. clerk will please read a communication those next week. An issue which I am We will be out this month. My inten- to the Senate from the President pro constantly asked about by press and tion is to finish Friday, working with tempore (Mr. STEVENS). constituents is what progress is being the Democratic leader in that regard. U.S. SENATE, made and how much progress is being There is very important business for us PRESIDENT PRO TEMPORE, made on the legislation surrounding to do, and that should send a signal Washington, DC, September 21, 2006. To the Senate: terrorist camps and terrorist military that we have to keep our committees Under the provisions of rule 1, paragraph 3, tribunals and terrorist surveillance. and conferences working for the rest of of the Standing Rules of the Senate, I hereby There is a lot of activity at the com- today, tomorrow, and over the course appoint the Honorable JOHNNY ISAKSON, a mittee level. Negotiations are under- of the weekend and into next week. ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S9859 . VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9860 CONGRESSIONAL RECORD — SENATE September 21, 2006 Unless there is something very sur- I am deeply concerned that after the We know from a recent survey con- prising, I expect we will be out this election we may or may not have the ducted by the AMA that if the sched- month. I would like for it to be Friday, focus in order to be able to get that uled cuts go into effect, 45 percent of but it may be Saturday. done before the end of the year. It is doctors will decrease the number of Mr. REID. The majority leader and I vital not just to physicians but to the Medicare patients they accept. Fifty have had private conversations. It is people we represent—the seniors, peo- percent of doctors will defer the pur- my further understanding that the ma- ple with disabilities—that we get this chase of health information technology jority leader is planning on coming done. Eighty Senators out of 100 have which, I might add, is an area where back the following Monday after the sent a letter to our two Senate leaders we, under our budget jurisdictions for elections? and have urged that we act now. Sen- Medicare and Medicaid and other Mr. FRIST. The following week. ator REID has indicated his support for health care programs, will reap huge Mr. REID. Monday or Tuesday? doing that. We need our Senate leader savings, hundreds of billions of dollars Mr. FRIST. Right. It is clear that to bring this to the floor so we can get with health information technology. over the next 8 or 9 days, we have un- it done. But you cannot tell a physician who is finished business we absolutely must I joined these 80 Senators in sending trying to make ends meet to be able to do. Looking at the calendar, either that letter in July because we know continue to serve people that, by the that Monday or Tuesday of the week that if we don’t provide even a min- way, we are going to cut your pay- following the elections, we will be back imum update, we destabilize the Medi- ments coming in, but we want you to in. care system and put all patient access buy new hardware and software and Mr. President, I suggest the absence to health care at risk. That is not an train people and do all of these other of a quorum. understatement. things so that the Federal Government The PRESIDING OFFICER. The There needs to be a tremendous sense can save dollars. It doesn’t make any clerk will call the roll. of urgency about this issue. What has sense. The legislative clerk proceeded to happened since July 17 when we sent We also know that 37 percent of doc- call the roll. the letter? Nothing. There has been no tors practicing in rural communities— Ms. STABENOW. Mr. President, I ask committee hearings, no markups—de- and in my great State of Michigan, we unanimous consent that the order for spite 80 Senators agreeing that we have have a huge, beautiful rural part of our the quorum call be rescinded. a need to provide a minimum update State. I grew up in one of those small The ACTING PRESIDENT pro tem- for physician services. There has been towns, in Clare, in the northern low pe- pore. Without objection, it is so or- no effort by the majority leader to ninsula. dered. bring this issue to the floor. We have I understand about access to physi- had no willingness to bring up an issue cians and access to health care. We f that has incredible significance to tens know that 37 percent of doctors prac- RESERVATION OF LEADER TIME of millions of Americans all across our ticing in rural communities will be The ACTING PRESIDENT pro tem- country.
Recommended publications
  • Congressional Record—Senate S9886
    S9886 CONGRESSIONAL RECORD — SENATE September 21, 2006 States to offer instate tuition to these prehensive solution to the problem of communities where it is very tough to students. It is a State decision. Each illegal immigration must include the succeed, they turn their backs on State decides. It would simply return DREAM Act. crime, drugs, and all the temptations to States the authority to make that The last point I make is this: We are out there and are graduating at the top decision. asked regularly here to expand some- of their class, they come to me and It is not just the right thing to do, it thing called an H–1B visa. An H–1B visa say: Senator, I want to be an Amer- is a good thing for America. It will is a special visa given to foreigners to ican; I want to have a chance to make allow a generation of immigrant stu- come to the United States to work be- this a better country. This is my home. dents with great potential and ambi- cause we understand that in many They ask me: When are you going to tion to contribute fully to America. businesses and many places where peo- pass the DREAM Act? I come back here According to the Census Bureau, the ple work—hospitals and schools and and think: What have I done lately to average college graduate earns $1 mil- the like—there are specialties which help these young people? lion more in her or his lifetime than we need more of.
    [Show full text]
  • Congressional Record—Senate S9781
    September 20, 2006 CONGRESSIONAL RECORD — SENATE S9781 or admission as a lawful permanent resident Drive hunts are run by fishers who Hispanic lawyer. Not one to be discour- on another basis under the INA. use scare tactics to herd, chase, and aged, James DeAnda joined another Subparagraph (F): provides for the removal corral the animals into shallow waters Hispanic lawyer to form a legal prac- from the United States, of any alien subject where they are trapped and then killed tice dedicated to representing Hispanic to the five-year limitation if the alien vio- lates the provisions of this paragraph, or if or hauled off live to be sold into cap- Americans. the alien is found to be removable or inad- tivity. The overexploitation of these In one of his earliest cases, James missible under applicable provisions of the highly social and intelligent animals DeAnda was a member of the four-per- INA. for decades has resulted in the serious son legal team behind Hernandez v. Subparagraph (G): provides the Attorney decline, and in some cases, the com- Texas, 1954, the first case tried by General with the authority to grant a waiver mercial extinction, of these species. Mexican American attorneys before the of the five-year limitation in certain ex- On April 7, 2005, I introduced Senate U.S. Supreme Court. In Hernandez, the traordinary situations where the Attorney Resolution 99 to help end this inhu- Supreme Court overturned the murder General finds that the alien would suffer ex- ceptional and extremely unusual hardship mane and unnecessary practice and conviction of a Hispanic man by an all- were such conditions not waived.
    [Show full text]
  • BUZZ IS BACK YOUR SUPPORT IS VITAL to BUILDING a CHAMPIONSHIP MEN’S BASKETBALL PROGRAM at TEXAS A&M 12Th Man Foundation 1922 Fund
    SPRING 2019 VOLUME 24, NO. 2 FUNDING SCHOLARSHIPS, PROGRAMS AND FACILITIES 12thManIN SUPPORT OF CHAMPIONSHIP ATHLETICS BUZZ IS BACK YOUR SUPPORT IS VITAL TO BUILDING A CHAMPIONSHIP MEN’S BASKETBALL PROGRAM AT TEXAS A&M 12th Man Foundation 1922 Fund The 1922 Fund provides a perpetual impact on the education of Texas A&M’s student-athletes. Our goal is to fully endow scholarships for every student-athlete, building a sustainable model of funding where your investment can provide the opportunity for Aggie student-athletes to excel in competition and in the classroom. Without generous families like the Moncriefs, I wouldn’t be able to be in the position I’m in at A&M. I truly appreciate their donations to the 1922 Fund and the time they invest in me. – COLTON PRATER ’20 Football Offensive Lineman 1922 Fund Donor Benefits $25,000 $50,000 $100,000 $250,000 $500,000+ Annual endowment report Recognition on 12th Man Foundation website One-time recognition in 12th Man Magazine A plaque for donor’s home and recognition in 12th Man Foundation offices Recognition on field of supported program during a game* Champions Council membership for a five year term Assignment of a specific student-athlete’s scholarship A donor spotlight article in 12th Man Magazine 12th Man Foundation will discuss recognition opportunities *Option exists for donor to choose their recognition at Kyle Field if desired Contact the Major Gifts Staff at 979-260-7595 For More Information About the 1922 Fund 6 11 22 Buzz Williams | Page 16 Texas A&M’s new head coach is instilling his relentless work ethic into the men’s basketball program BY CHAREAN WILLIAMS ’86 29 12TH MAN FOUNDATION IMPACTFUL DONORS STUDENT-ATHLETES 5 Foundation Update 22 Mark Welsh III & Mark Welsh IV ’01 14 Riley Sartain ’19 BY SAMANTHA ATCHLEY ’17 1922 Fund Student-Athlete 6 Champions Council Weekend BY MATT SIMON ’98 29 Shannon ’18 & David Riggs ’99 11 E.B.
    [Show full text]
  • Mexican Americans and the Politics of Racial Classification in the Federal Judicial Bureaucracy, Twenty-Five Years After Hernandez V
    UCLA Chicana/o Latina/o Law Review Title Some are Born White, Some Achieve Whiteness, and Some Have Whiteness Thrust upon Them: Mexican Americans and the Politics of Racial Classification in the Federal Judicial Bureaucracy, Twenty-Five Years after Hernandez v. Texas Permalink https://escholarship.org/uc/item/4c7529jh Journal Chicana/o Latina/o Law Review, 25(1) ISSN 1061-8899 Author Wilson, Steven Harmon Publication Date 2005 DOI 10.5070/C7251021160 Peer reviewed eScholarship.org Powered by the California Digital Library University of California SOME ARE BORN WHITE, SOME ACHIEVE WHITENESS, AND SOME HAVE WHITENESS THRUST UPON THEM: MEXICAN AMERICANS AND THE POLITICS OF RACIAL CLASSIFICATION IN THE FEDERAL JUDICIAL BUREAUCRACY, TWENTY-FIVE YEARS AFTER HERNANDEZ V. TEXAS STEVEN HARMON WILSON, PH.D.* This paper examines the problem of the racial and ethnic classification of Mexican Americans, and later, Hispanics, in terms of both self- and official identification, during the quarter- century after Hernandez v. Texas. The Hernandez case was the landmark 1954 decision in which the U.S. Supreme Court con- demned the "systematic exclusion of persons of Mexican de- scent" from state jury pools.1 Instead of reviewing the judicial rulings in civil rights cases, what follows focuses on efforts by federal judges in the Southern District of Texas to justify their jury selection practices to administrators charged with monitor- ing the application of various equal protection rules coming into force in the late 1970s. This topic arises from two curious coincidences. First, in the spring of 1979, James DeAnda - who had helped prepare the Hernandez case, and who was plaintiffs' attorney in another landmark to be described below, Cisneros v.
    [Show full text]
  • 120 Years of Scholarship at UT Law the U.S
    01_Cover 4/14/04 3:42 PM Page 1 SPRING 2004 THE MAGAZINE OF THE UNIVERSITY OF TEXAS SCHOOL OF ULAW TLAW Great Legal Minds CELEBRATING 120 YEARS OF SCHOLARSHIP Professor Douglas Laycock, the Alice AT UT LAW McKean Young Regents Chair in Law and Associate Dean for Research, at THE UNIVERSITY OF TEXAS LAW SCHOOL FOUNDATION work in his study 727 E. DEAN KEETON STREET, AUSTIN, TEXAS 78705 COV2_CSOMentor 4/14/04 3:52 PM Page 1 Make a gift of your time. Become aUTLaw Mentor. Becoming a MENTOR is an LEGAL excellent way to make a PUBLIC INTEREST contribution to the Law School. Whether you are in-house, JUDICIAL at a firm, at a court, in INTERNATIONAL government or public interest, or pursuing an alternative NON-PRACTICING career, UT Law students can benefit from your knowledge CAREER S ERVICES and guidance. Please consider OFFICE making a gift of your time Mitchell Kam, Associate Director The University of Texas School of Law and experience to students so Career Services Office 727 East Dean Keeton Street they may continue UT’s Austin, Texas 78705 v (512) 232-1150 Fax (512) 471-6790 legacy of excellence. www.utexas.edu/law/career 02_Contents 4/14/04 3:55 PM Page 1 CONTENTS SPRING 2004 TABLE OF This past semester the Law School unveiled statues honoring Joseph Jamail,’52, and Harry Reasoner, ’62. From left, Mack Brown, Jamail, Darrell Royal, Dean Powers, and Reasoner. FRONT OF THE BOOK F EATURES BACK OF THE BOOK 4 IN CAMERA TOWNES HALL NOTES 45 GREAT LEGAL MINDS 8 DEAN POWERS NOTEWORTHY 46 Talent and Tuition by Bill Powers Prize-winning alumni, a national 20 ABA award, students head to 9 CALENDAR 120 years of scholarship at UT Law the U.S.
    [Show full text]
  • Mexican Americans and the Politics of Racial Classification in the Federal Judicial Bureaucracy, Twenty-Five Years After Hernandez V
    SOME ARE BORN WHITE, SOME ACHIEVE WHITENESS, AND SOME HAVE WHITENESS THRUST UPON THEM: MEXICAN AMERICANS AND THE POLITICS OF RACIAL CLASSIFICATION IN THE FEDERAL JUDICIAL BUREAUCRACY, TWENTY-FIVE YEARS AFTER HERNANDEZ V. TEXAS STEVEN HARMON WILSON, PH.D.* This paper examines the problem of the racial and ethnic classification of Mexican Americans, and later, Hispanics, in terms of both self- and official identification, during the quarter- century after Hernandez v. Texas. The Hernandez case was the landmark 1954 decision in which the U.S. Supreme Court con- demned the "systematic exclusion of persons of Mexican de- scent" from state jury pools.1 Instead of reviewing the judicial rulings in civil rights cases, what follows focuses on efforts by federal judges in the Southern District of Texas to justify their jury selection practices to administrators charged with monitor- ing the application of various equal protection rules coming into force in the late 1970s. This topic arises from two curious coincidences. First, in the spring of 1979, James DeAnda - who had helped prepare the Hernandez case, and who was plaintiffs' attorney in another landmark to be described below, Cisneros v. Corpus Christi Inde- pendent School District - was nominated to a judgeship in the Southern District of Texas. He was confirmed by the U.S. Senate twenty-five years and one-week after the Court issued its ruling in Hernandez. Progress had been slow, as DeAnda became only the nation's second Mexican American federal trial judge. He was sworn in by the first, Chief Judge Reynaldo Garza, who had served since 1961.
    [Show full text]
  • CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 14
    18628 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 14 September 20, 2006 program designed to minimize adverse ef- ship with a United States citizen or lawful under this paragraph may, if he or she is oth- fects on the economy. Specific provisions are permanent resident would be required to be erwise eligible, apply for an immigrant visa made to ensure access to workers in legiti- admitted as a lawful permanent resident at a or admission as a lawful permanent resident mate businesses after the end of the transi- port-of-entry other than the CNMI or in on another basis under the INA. tion and for the adjustment of those foreign Guam, such as Honolulu. Subparagraph (F): provides for the removal workers who are presently in the CNMI and Paragraph (2): generally provides the At- from the United States, of any alien subject who have been continuously employed in a torney General with the authority to admit, to the five-year limitation if the alien vio- legitimate business for the past five years. under certain exceptional circumstances and lates the provisions of this paragraph, or if Subsection (a): provides, except for any ex- after consultation with federal and local offi- the alien is found to be removable or inad- tensions that may be provided by the Attor- cials, a limited number of employment-based missible under applicable provisions of the ney General to specific industries in accord- immigrants without regard to the normal INA. ance with the provisions of subsection (d), numerical limitations under the INA. The Subparagraph (G): provides
    [Show full text]
  • “Fifty Years After Cisneros V. Ccisd: a History of Racism, Segregation, and Continued Inequality for Minority Students”
    “FIFTY YEARS AFTER CISNEROS V. CCISD: A HISTORY OF RACISM, SEGREGATION, AND CONTINUED INEQUALITY FOR MINORITY STUDENTS” A Thesis by JAMIE LYNN JONES *This is only for degrees previously earned! Please do not include your major with the degree name, and list the degree simply as BA, BS, MA, etc. For example: BS, University Name, Year MS, University Name, Year *International Students must include the name of the country between the school and BA, University of Texas at Austin, 2014 the date the degree was received, if it was received outside of the US. *Delete this box before typing in your information. Submitted in Partial Fulfillment of the Requirements for the Degree of MASTER OF ARTS in HISTORY Texas A&M University-Corpus Christi Corpus Christi, Texas December 2018 © Jamie Lynn Jones All Rights Reserved December 2018 “FIFTY YEARS AFTER CISNEROS V.CCISD: A HISTORY OF RACISM, SEGREGATION, AND CONTINUED INEQUALITY FOR MINORITY STUDENTS” A Thesis by JAMIE LYNN JONES December 2018 ABSTRACT Throughout the history of Corpus Christi, racism has played a central role within many aspects of life including within the role of education. For many decades, students attended particular schools based upon the color of their skin, and were afforded different educational opportunities in direct correlation to their social standing within society. In Corpus Christi, three types of schools, also known as a tripartite system, emerged with one for African American students, another for Mexican American students, and another for Anglo students. This trend was challenged in 1954 with the ruling of Brown v. Board of Education, which declared the “separate but equal” clause was no longer constitutional, and ordered schools districts throughout the nation to integrate their schools.
    [Show full text]
  • C:\Documents and Settings\Brogers\Desktop\General
    IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS Entered August 27, 1992 IN RE: GENERAL ORDER NO. 92-26 RICHARD W. WRIGHT ORDER OF APPOINTMENT Pursuant to Rules of Discipline 5.A and 10 (Appendix A, Local Rules for the Southern District of Texas), Daniel D. Pipitone is appointed as counsel to investigate allegations of misconduct and prosecute disciplinary proceedings, if necessary, in the matter of attorney Richard W. Wright. A copy of the Court's file is available to Mr. Pipitone from the Clerk's Office in Corpus Christi. A copy of the Report and Recommendation of the U. S. Magistrate Judge is attached as additional background. SIGNED this 25th day of August, 1992. \s\ JAMES DeANDA CHIEF JUDGE August 27, 1992 Honorable Hayden W. Head, Jr. U. S. District Judge 521 Starr Street Corpus Christi, Texas 78401 Dear Hayden: I have on this date entered the Order of Appointment of Counsel in the matter relating to Mr. Richard Wright. A copy is enclosed. Sincerely, \s\ James DeAnda Enclosure UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS July 30, 1992 Honorable James DeAnda, Chief Judge Southern District of Texas P. 0. Box 610040 Houston, Texas 77208 Dear Chief: Enclosed is the report of Magistrate Judge de Ases on attorney Richard Wright. The Magistrate recommends. and I agree, that an attorney should be appointed to investigate this matter. Under our local disciplinary rules, only you have that power. Our rules suggest that someone from the disciplinary committee be appointed to serve as that counsel. However, our rules also permit someone outside the disciplinary committee be appointed to investigate.
    [Show full text]
  • Stephen D. Susman Partner
    Stephen D. Susman Partner Houston, Texas Phone: 713.653.7801 New York, New York Phone: 212.336.8331 [email protected] STEPHEN D. SUSMAN, P.C., born Houston, Texas; admitted to bar, 1965, Texas; 1999, District of Columbia; 2000, New York; 2002, Colorado. STEPHEN D. SUSMAN - TRIALS Revised: March 2, 2020 (1976 - Present) Style: Grouse River Outfitters Ltd v. Oracle Corporation United States District Court, Northern District of California, before the Judge: Honorable Laurel Beeler Opposing Counsel: Sarah M. Ray Nature of the Case: Fraud Trial Dates: July 9-15 ,2019 Glen Fallis Represented: Grouse River Outfitters Ltd. Result: Defense verdict, on appeal 647739v1/109031 Style: BTG International Inc. v. Wellstat Therapeutics Corporation Judge: Vice Chancellor J. Travis Laster Opposing Counsel: Richard Scheff Nature of the Case: Breach of Contract Trial Dates: May 1-5, 2017 Represented: Wellstat Therapeutics Corporation Result: Client awarded judgment of $71 million. Style: Securities Industry & Financial Markets Ass’n v. Nasdaq and NYSE Judge: Chief Administrative Law Judge Brenda Murray of the SEC Opposing Counsel: Michael Warden, Sidley Austin LLP Nature of the Case: Petition to Deny Increases in Proprietary Data Fees Trial Dates: April 20-24, 2015 Represented: Nasdaq Stock Market, LLC Result: Pending post-trial briefing Style: Securities and Exchange Commission v. Samuel Wyly, et al. United States District Court, Southern District of New York, before the Judge: Honorable Shira A. Scheindlin Opposing Counsel: Bridgett Fitzpatrick and John Worlund of SEC Nature of the Case: Securities Fraud and Insider Trading - 2 - 647739v1/109031 March 31 – May 7, 2014 Jury Trial Trial Dates: July 2, 2014 Bench Trial August 4–7, 2014 Bench Trial Samuel Wyly Represented: Donald R.
    [Show full text]
  • After All These Years: Mexican Americans and the Politics of Racial Classification in the Federal Judicial Bureaucracy, Twenty-Five Years After Hernández V
    “Still ‘White’ After All These Years: Mexican Americans and the Politics of Racial Classification in the Federal Judicial Bureaucracy, Twenty-Five Years after Hernández v. Texas” By Steven Harmon Wilson, Ph.D. Assistant Professor of History Prairie View A&M University For “Hernández at 50” University of Houston Law Center 19 November 2004 Wilson, “Still ‘White’,” p. 1 This paper examines the problem of the racial and ethnic classification of Mexican Americans, and later, Hispanics, in terms of both self- and official identification, during the quarter-century after Hernández v. Texas, the landmark 1954 decision in which the U.S. Supreme Court condemned the “systematic exclusion of persons of Mexican descent” from state jury pools.1 Instead of reviewing the judicial rulings in civil rights cases, what follows focuses on efforts by federal judges in the Southern District of Texas to justify their jury selection practices to administrators charged with monitoring the application of various equal protection rules coming into force in the late 1970s. This topic arises from two curious coincidences. First, in the spring of 1979, James deAnda—who had helped prepare the Hernández case, and who was plaintiffs’ attorney in another landmark to be described below, Cisneros vs. Corpus Christi ISD—was nominated to a judgeship in the Southern District. He was confirmed by the U.S. Senate twenty-five years and one-week after the Court issued its ruling in Hernández. Progress had been slow, as deAnda became only the nation’s second Mexican American federal trial judge. He was sworn in by the first, Chief Judge Reynaldo Garza, who had served since 1961.
    [Show full text]
  • Review Essay—The Arc of Triumph and the Agony of Defeat: Mexican Americans and the Law
    354 Review Essay—The Arc of Triumph and the Agony of Defeat: Mexican Americans and the Law Michael A. Olivas Richard R. Valencia, Chicano Students and the Courts: The Mexican American Legal Struggle for Educational Equality, New York: NYU Press, 2008, pp. 480, $25.00. Philippa Strum, Mendez v. Westminster: School Desegregation and Mexican-American Rights, Lawrence: University Press of Kansas, 2010, pp. 192, cloth $34.95, paper $16.95. Ignacio M. Garcia, White But Not Equal: Mexican Americans, Jury Discrimination, and the Supreme Court, Tucson: University of Arizona Press, 2008, pp. 248, cloth $55.00, paper $24.95. Cynthia E. Orozco, No Mexicans, Women, or Dogs Allowed: The Rise of the Mexican American Civil Rights Movement, Austin: University of Texas Press, 2009, pp. 330, $24.95. These are salad days for Mexican American scholarship, both by Mexican Americans and by other scholars. The small numbers but persistent growth of Mexican American researchers, combined with improved access to important archival materials and increased collaborative projects, and the rich territory yet-to-be-explored have led to these and other important books about an understudied and fascinating topic: the litigation for Mexican American educational and civil rights following WWI and WWII. Indeed, some of the work has reached back even farther, discovering obscure cases and small case studies, all of which give lie to the suggestion that persons of Mexican origin are fatalistic, unambitious, and docile. As one of many examples, consider the Michael A. Olivas is William B. Bates Distinguished Chair in Law, University of Houston Law Center. He gratefully acknowledges the assistance of Lauren E.
    [Show full text]