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Edward Lazarus

Edward Lazarus

 


Edward Lazarus

 

Edward Lazarus is a former Supreme Court clerk and Federal Communications Commission Chief of Staff. In the legal field, Edward Lazarus is known both as a lawyer and for his 1998 book "Closed Chambers," which details his time acting as a Supreme Court clerk for Justice Harry Blackmun during the October Term which began in October 1988 and concluded in July 1989.

 

"Closed Chambers" was controversial in the legal field for several reasons and has been attacked by a number of members of the legal system. Foremost in the charges leveled at Edward Lazarus by his critics is his violation of confidentiality. Anyone who acts as a law clerk in the Supreme Court is obligated to follow a code of conduct whose rules are explained before service begins. These rules prohibit any law clerk from sharing any confidential information they learn during their service, or from profiting from it. By writing a book in which he shared what he had learned during internal deliberations and publishing it for commercial purchase. critics argued Edward Lazarus had violated the terms of the code of conduct.

 

In his defense, Edward Lazarus argued that the terms of the Code of Conduct were routinely violated by other law clerks who routinely spoke, on the condition of anonymity, with members of the press. Edward Lazarus also claimed that he had repeatedly discussed the book prior to its publication with Justice Blackmun. However, public statements made by associates of Justice Blackmun stated he was unaware of the publication of the book until it entered the marketplace.

 

Another part of the Code of Conduct that critics charged Edward Lazarus with violating concerned a clause forbidding clerks from offering any interpretation or explanation of actions taken and rulings issued by the Supreme Court. Because the narrative of "Closed Chambers" explained the rulings made during his term of service, critics argued Edward Lazarus was in violation of this part of the Code.

 

 Another issue concerning "Closed Chambers" involves the quotation and use of documents. According to the Code of Conduct, no nonpublic documents can be removed from their housing within the building of the Supreme Court at any time. Critics charged that his extensive quotation from these documents demonstrated another violation of the rules of the Supreme Court by Edward Lazarus.

 

 Among his other public actions, Edward Lazarus served at the FCC from 2009 to the end of January 2012. Following the end of his government service, Edward Lazarus resumed legal practice by rejoining the international law firm of Akin Gump Strauss Hauer & Feld. Edward Lazarus had been a senior counsel at that firm's Los Angeles offices from 2000 to 2009 prior to joining the FCC. Prior to that time, he was an assistant district attorney in California. His specialty as a private lawyer concerns issues involving appellate litigation. His areas of practice include intellectual property law, matters concerning Federal Indian law, bankruptcy cases.

Alan Brownstein

Alan Brownstein

 


Alan Brownstein

Alan Brownstein is a legal scholar who is a faculty member of the University of California at Davis. His focus is on issues of constitutional law, with a particular concentration on issues regarding the Free Exercise and Establishment clauses of the First Amendment. Alan Brownstein is particularly concerned with issues of balancing religious and secular concerns.

In a number of papers, Alan Brownstein has advanced the case that the Free Exercise clause of the First Amendment is not as well understood, enforced or interpreted as the Establishment clause. Alan Brownstein has argued that America's history as a country more inclined to religious expression than most has led the courts to often privilege the free expression rights of religious groups rather than those of secular groups. Attendantly, Alan Brownstein argues that standards for ruling on the full implications the Free Exercise clause have not yet properly established the courts.

In a 2010 essay published in the "Harvard Journal of Law & Public Policy," Alan Brownstein outlines some of his arguments for why this might be the case. Noting that the courts are more likely to grant freedom of expression to religious organizations rather than secular organizations, Alan Brownstein argues that it is necessary for courts to take an unusual amount of subjective and contextual judgment into consideration when ruling on such issues.

As part of his larger argument, Alan Brownstein has argued that conservative groups which take firm positions on issues such as gay marriage undermine the full use of the Free Exercise expression. Alan Brownstein has argued that if religious organizations are routinely granted the right to express their opinions and act freely, they should be prepared to grant the same freedom of expression to organizations and individuals whose interests are diametrically opposed to theirs.

 

Bob Woodward

Bob Woodward

 

Bob Woodward

Veteran journalist Bob Woodward is best known as one half of the investigating journalism team which directly led to the resignation of president Richard M. Nixon in 1974. Along with his fellow journalist Carl Bernstein, Bob Woodward began investigating the Watergate scandal in 1972. Their initial assignment was to look into the burglary of the Democratic National Committee headquarters at the Watergate Hotel in 1972.

 

What appeared to be a simple story about an incompetent burglary developed greater ramifications when Bob Woodward and Carl Bernstein conducted further investigation. During this investigation, Bob Woodward made his first significant use of anonymous sources, a technique which has often been heavily criticized by journalists. One of the primary sources for the investigation conducted by Bob Woodward and Carl Bernstein was a man they only dubbed "Deep Throat," in joking reference to a popular pornographic film of the time.

 

The disclosures made by "Deep Throat" allowed Bob Woodward and Carl Bernstein to publish an increasingly damaging series of reports about the activities of the Nixon White House. A series of articles in the Washington Post provided documentation of numerous attempts by various employees working directly for the White House and others who had merely been delegated to perform so-called "dirty tricks." The Watergate burglary, in fact, was an attempt to bug the headquarters of the Democratic National Committee.

 

In the wake of these disclosures, the Senate began an investigation into Watergate in 1973, which were broadcast from May to August of that year. The increasingly damaging testimony led to, among other things, the revelation that Nixon had illegally and frequently audio-taped conversations conducted in the Oval Office. As it became increasingly evident that impeachment was all but certain, Nixon chose to resign in 1974.

 

Bob Woodward and Carl Bernstein were granted a great deal of credit for their investigative efforts leading directly to legal consequences. Capitalizing on their new prominence, they published a book in 1974, "All The President's Men," narrating both their investigation and the discoveries which they had made about the Nixon White House.

 

Though of less public consequence, Bob Woodward's subsequent career has resulted in a number of best selling books. Bob Woodward is also one of the most extensive chroniclers of the White House of George W. Bush, having published four books on that president's administration. He also published a controversial book about the death of comedian John Belushi, "Wired," which was denounced by the comic's surviving family members and friends.

 

In 2005, it was revealed that "Deep Throat" was FBI employee Mark Felt. That same year, it was also revealed that Bob Woodward was privy to the CIA secret agent status of Valerie Plame in 2003, a month before she was publicly outed in a column by Washington columnist Robert Novak. Bob Woodward had not revealed this technically illegal action to his editors at the "Washington Post," believing it to be of no consequence. 

Roy Bass

Roy Bass

 


Roy Bass

Roy Bass was a Texas attorney best remembered for acting as the mayor of Lubbock, Texas for a four-year period. In legal circles, Roy Bass was known as a partner in the firm of Bass and Hobbs.

Though Roy Bass is primarily remembered for his contributions to the city of Lubbock while acting in a government capacity, one of his documented cases is the case of First National Bank At Lubbock v. United States of America, which reached the Fifth Circuit Court of Appeals in 1972. The case involved the estate of Vera Harrell, a woman who had retained Roy Bass as her lawyer. After her death, her daughter Lamoyane applied for a refund of the estate taxes paid. The basis of her claim was that gifts of property given by her mother were exempt from such charges.

In a court hearing, it was established by the prosecution that Roy Bass had advised Vera Harrell that she could lessen the size of the estate tax that would be assessed after her death by making several gifts of property. Subsequently, Vera Harrell established two bank accounts solely in her daughter's name, as well as four church bonds and 8000 shares of stock in an insurance company.

In the course of trial, Roy Bass was cross-examined by attorneys acting for the United States about his role in advising Vera Harrell about her tax liability. Though he established that he had advised Vera Harrell about how to dispose of her assets but denied any knowledge that she had taken action on his advice for the specific purpose of minimizing estate tax. Ultimately, Lamoyane Harrell's appeal was denied in a ruling issued in July of 1972. A request for a rehearing was denied in August of that year.

 

Thomas Rex Lee

Thomas Rex Lee

 

Thomas Rex Lee

Thomas Rex Lee is a justice on the Utah Supreme Court. He received his bachelor's degree from Brigham Young University in 1988 and graduated with a law degree from the University of Chicago in 1991. Following his graduation, he began his legal career by serving as a law clerk in the Fourth Circuit Appellate Court in Richmond, Virginia.

 

After ending his clerkship, Thomas Rex Lee joined the Salt Lake City based law firm of Parr, Waddoups, Brown, Gee & Loveless, where he acted as a private lawyer from 1992 to 1997. During this time, he also served as a clerk for Supreme Court Judge Clarence Thomas from 1994 to 1995. In 1997, Thomas Rex Lee left private practice with Parr, Waddoups, Brown, Gee & Loveless to teach law at Brigham Young University. He also became a part-time associate with the firm of Howard, Phillips & Andersen. From 2004 to 2005, he also served as a deputy assistant attorney general for the civil division of the United States Justice Department.

 

As a private attorney and legal scholar, Thomas Rex Lee specializes in issues of copyright and trademark infringement. One of his most prominent cases came in 2002. Thomas Rex Lee represented the state of Utah in the case of Utah v. Evans. The Supreme Court case concerned methods used by the Census Bureau when conducting the 2000 census. The organization used a method known as "hot-deck imputation" in order to fill in information that could not be obtained. "Hot-deck imputation" means that when an address or unit owner cannot be located, the Census Bureau assigns it the same population numbers and characteristics that have been recorded in the nearest property for which data has been collected.

 

Hot-deck imputation was used in both the state of Utah and that of North Carolina. As a result, the recorded population of North Carolina increased by 0.4%, leading to being granted one more representative in the Congressional House of Representatives. However, when the same methods were applied in Utah, the population increase recorded was only 0.2%.

 

Thomas Rex Lee represented the argument of the state of Utah, which contended that this hot-deck method violated both the census code's prohibition against using sampling methods to determine populations and violated a similar prohibition in the United States Constitution. Thomas Rex Lee appeared before the Supreme Court in 2002. The case was ultimately decided against the state of Utah on both charges with a five to four verdict.

 

In 2010, Thomas Rex Lee became a justice of the Utah Supreme Court. Despite never having served as a judge before, he was chosen by Governor Gary Herbert on the basis of his academic and professional credentials. During his time as a state justice, Thomas Rex Lee has written a number of opinions representing the majority opinion of the court. In addition, he has frequently filed separate opinions both concurring and dissenting with the majority opinion of the court.

Arthur K. Delaney

Arthur K. Delaney

 


Arthur K. Delaney

 

Best remembered today as the first mayor of Juneau, Alaska, Arthur K. Delaney began his professional career as an attorney. Born in New York State, he arrived in Alaska in the 1890s as part of the larger wave of travelers seeking fortune during the Klondike Gold Rush. At the end of 1895, Arthur K. Delaney was admitted as a judge presiding the District Court of the United States in and for the District of Alaska,

 

In 1896, one of two cases which eventually were heard in the United States Supreme Court involving Arthur K. Delaney began. The case began in May of that year when Ohlin H. Adsit filed suit against John F. Malony. In his case, Adsit charged that he had been the occupant and possessor of half of a tract of land in Juneau for nine years before April 29, 1891, upon which he had constructed a large wooden building. At that time, he charged, Malony had unlawfully ejected him from his property.

 

In his lawsuit, Adsit asked that the court award him possession of either the land in question or an interest in it. On June 8 of 1896, Malony filed a demurral, a motion stating that the person filing suit does not have sufficient basis for their litigation to proceed. However, on October 9 the court overruled him and gave Adsit time to file a response. Subsequently a trial was scheduled and was heard the following year before Arthur K. Delaney.

The right to trial by jury was waived. In his ruling, Arthur K. Delaney found in favor of Adsit. The following year, Arthur K. Delaney resigned from his position as a judge. However, the case continued after his exit as Malony first filed a "bill of exceptions," a document allowing a party in a legal case to state their objection to a ruling on a legal basis. The judge who signed this document had resigned by the time Malony filed an appeal with the Supreme Court.

 

The case of Malony v. Adsit was heard by the Supreme Court in 1899. The specific issue at stake was the validity of the bill of exceptions. Because the judge who had signed it had preceded Arthur K. Delaney, the Supreme Court found that the bill of exceptions could not be considered and ruled in favor of Adsit.

 

Arthur K. Delaney appeared directly before the Supreme Court in 1901, acting as counsel for the defense in the case of Marks v. Shoup, acting on behalf of J.M. Shoup. That same year, Arthur K. Delaney was elected the first mayor of Juneau, serving in that capacity for a year. In 1902, Arthur K. Delaney was succeeded in his office by Ohlin H. Adsit, who served in that capacity until 1904. Arthur K. Delaney left that year and relocated to California, where he died in January of the following year. 

Kay McFarland

Kay McFarland

 

Kay McFarland

Kay McFarland is a former Kansas judge who served on the state Supreme Court from 1977 to 2009. Her appointment to this court marked the first time in Kansas history a woman had served in this capacity. Kay McFarland was subsequently promoted to the position of Chief Justice in 1995, another first for Kansas women.

One case in which Kay McFarland joined another judge in filing a dissenting opinion concerned a tax appeal filed by Sumner County, which was heard in 1997. The origins of the case dated to 1989, when airplane manufacturer Boeing submitted a tax grievance with the office of the Sumner County Appraiser. This grievance was in turn submitted to the state Board of Tax Appeals, which granted Boeing's grievance request. The order granting Boeing relief was returned to the offices of Sumner County on July 30, 1990 with a cover letter stating that if the city wished to file a request for reconsideration, they were required to do so within 30 days.

However, this deadline was incorrectly based on a 1981 administrative regulation which had been superseded by subsequent regulations stating all requests for reconsiderations of a final order issued by the Board of Tax Appeals must be filed within 15 days. Unaware of this, Sumner County filed its appeal 28 days later, on August 27, 1990. The Board of Tax Appeals reviewed this petition and granted it on September 4. Boeing then challenged the legality of this reversal on the basis of the expired deadline. Sumner County argued that its petition was legal since it was executed in conformance with the terms stipulated in the order given by the Board of Tax Appeals.

Two years later, new rulings from the Appeals Court let to the Board of Tax Appeals agreeing with the position taken by Boeing and withdrew its approval of Sumner County's petition. Sumner County then appealed to its district court, which reversed the dismissal and ordered the Board of Tax Appeals to review the decision. Boeing appealed this decision to the state's Appeals Court.

In considering the case, the Appeals Court took into consideration the "unique circumstances doctrine," which states that there is precedent in previous United States Supreme Court cases for granting the consideration of legal issues filed after the due date if late filing results as the result of a good faith error relying upon faulty information. The Appeals Court concluded that this was the case and ordered that the Board of Tax Appeals rule upon the dispute. Boeing appeared before the Kansas Supreme Court to appeal, which again ruled in favor of Sumner County.

However, Kay McFarland filed a dissent along with a fellow justice. In their dissent, Kay McFarland and Justice Larson stated that any filing party is legally required to familiarize themselves with all regulations and laws in question, and that the excuse of relying upon faulty information does not constitute grounds for a "unique circumstances" case review.

 

Rod Laporte

Rod Laporte

 


Rod Laporte

Rod Laporte is a Canadian attorney. He was a law student before entering the Canadian Parliament House of Commons in 1988, serving as a representative for the areas of Moose Jaw and Lake Centre in the Canadian state of Saskatchewan for one term. During his time in Parliament, Rod Laporte was particularly involved in the regulation and oversight of issues related to grain, oilseeds, wheat and agriculture in general. Rod Laporte was defeated in his run for re-election in 1993 and returned to Moose Jaw, where he resumed practicing the law.

Rod Laporte is currently a staff attorney for Legal Aid Sasketchewan, an organization which was founded in 1974 following the passage of the state's "Legal Aid Act." This legislation was designed to create a legal infrastructure providing legal representation for defendants involved in both civil and criminal legal actions who are unable to pay for private legal counsel.

As a staff attorney for Legal Aid Saskatchewan, Rod Laporte is one of over 80 attorneys working on behalf of this organization in a full service capacity. This means that every lawyer, including Rod Laporte, is assigned cases on a rotation basis that shuffles cases from one office to another. Legal Aid Saskatchewan may occasionally decide to transfer handling of a case handled by Rod Laporte or another staff attorney in the interests of easing the workload of each attorney or to avoid a potential conflict of interests. In total, this organization processes approximately 20,000 cases in a calendar year. Of those, more than 90% are handled by staff attorneys rather than contracted to a private attorney. Those seeking representation from Legal Aid Saskatchewan may not request the representation of a specific attorney, such as Rod Laporte.

In addition to its full service representation services, Legal Aid Saskatchewan also provides limited advice and representation in the initial stages of the criminal prosecution process. Once a person is arrested, they may contact Legal Aid Saskatchewan over the telephone and receive legal advice. Such a person can also request that an attorney such as Rod Laporte or another lawyer visit them following the advice received over the telephone. A representative of Legal Aid Saskatchewan, such as Rod Laporte, may also attend the first court hearing of such a defendant. Afterwards, no further counsel will be provided unless the defendant is eligible for full service representation from Rod Laporte or another attorney.

Rod Laporte is an employee of the Moose Jaw office of Legal Aid Saskatchewan. Overall, there are 14 such offices in the state of Saskatchewan. Each such office is operated under independently codified policies and has the ability to decide whether or not it will provide minimal legal advice, information or counsel of any kind, either in person or over the phone, to anyone who requests it, even if they are not required to go to court or have not been detained.

 

Jackson B. Davis

Jackson B. Davis

 


Jackson B. Davis

Jackson B. Davis is a former Louisiana state senator and currently practicing attorney in Shreveport, Louisiana. After obtaining his law degree and serving in World War II, Jackson B. Davis returned home and began practicing the law. From 1956 to 1980, he also served as a senator in the state legislature representing Caddo and Bossier parishes.

As a practicing attorney, Jackson B. Davis has been involved in a number of cases. One notable lawsuit occurred in 1970, which began as a dispute over an oil and gas lease. The lease was made to four men from South Carolina who alleged that Carl W. Jones, along with business associates, fraudulently misrepresented the value of the property in question, especially with regard to its possibilities as a site for mineral production.

In a counter-claim filed with the Court of Appeals, Jones disputed the factual evidence sworn to in affidavits presented against him. Additionally, he claimed that the charges brought forth against him by Jackson B. Davis and another attorney, Robert J. Moffatt, constituted libelous statements maliciously made with the intention of damaging his reputation. In affidavits filed with the court, Jones said he had heard Davis listening to his clients inform him that they were deliberately blaming Jones for actions they knew he did not commit. In separately filed affidavits, Jackson B. Davis and Moffatt disputed all such allegations.

Though Jackson B. Davis was not successful in obtaining a summary judgment and dismissal against Jones, the case is notable because the claims regarding potentially libelous charges made by lawyers were rejected. The case established a precedent in the Louisiana court system that plaintiffs or defendants cannot be held legally culpable for any defamatory statements made by their lawyers.

 

Price Daniel

Price Daniel

 


Price Daniel

 

Price Daniel was a Texas lawyer who acted both in a private capacity and as the state's Attorney General, as well as serving as a Senator from 1953 to 1957 prior to being elected governor of the state.

 

One of the most prominent early cases Price Daniel argued was Sweatt v. Painter, argued before the Supreme Court in 1950.  The case had its origins in 1946, when African-American Heman Marion Sweatt, attempted to enroll in the University of Texas School of Law located in Austin, TX. Though he was academically qualified, his application was rejected because state law prohibited integrated scholastic facilities. Sweatt filed suit, claiming his rights under the Equal Protection Clause. While his hearings were delayed, the University of Texas constructed a separate school for African-American students based in Houston.

 

When the case was argued before the Supreme Court, Price Daniel represented the state of Texas. Price Daniel argued that state law prohibited integrated education, and that separate and equal facilities had been provided for African-American students. However, the Supreme Court rejected these arguments on a number of levels. The Supreme Court noted that the separate facilities were relatively understaffed, provided less facilities, and conferred less prestige upon graduates. Additionally, the Supreme Court noted that keeping the facility isolated geographically from where students would be applying to work conferred a further disadvantage upon them.

 

Another prominent case Price Daniel argued before the Supreme Court concerned states rights' to claim ownership of oil found on submerged Gulf of Mexico territory. Formerly, this land had been understood to belong to the states, but the issue became contested when the federal government sued the state of California in 1946. Texas joined with many other states in this lawsuit, and Price Daniel presented the argument on their behalf in 1947.

In its lawsuit against California, the federal government cited a number of reasons for its claim of ownership, including the claim that previous Supreme Court rulings on these types of issues were erroneous and should be discarded, and that issues of national defense or international relations gave the federal government authority to claim ownership if it seemed to be in the best interest of the country. Price Daniel unsuccessfully argued on behalf of the states, but the Supreme Court issued a decision in favor of the federal government, 4 to 3. 

 

In another lawsuit, the federal government sued Texas. Again under the direction of Price Daniel, the state of Texas gathered support for its right to the land it claimed from 11 experts in the field of international law. Once again, the Supreme Court ruled in favor of the federal government.

 

In 1952, Price Daniel was elected to the Senate and accomplished by legislative means what he had been unable to do as Attorney General. As the co-author of a 1953 bill, Price Daniel finally was able to pass laws granting states the right to all such submerged lands.