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Lee A. Johnson

Lee A. Johnson

 


Lee A. Johnson

 

Lee A. Johnson is an American judge. After graduating from law school in 1980, he entered private practice. He served as the city attorney of Caldwell, Kansas from 1987 to 1997. In 2001, Lee A. Johnson was appointed to the Kansas Court Appeals system. From 2001 to 2007, Lee A. Johnson served in this capacity until appointed to the state Supreme Court in 2007.

 

 One notable case Lee A. Johnson has ruled upon recently concerned placing caps on settlement payments related to medical malpractice. The case was filed by a woman who, during surgery to remove her right ovary, instead had her left ovary removed. The woman filed suit and was awarded $759,679.74 in damages. Of this sum, $575,000 was concerned with pain and suffering and related side effects of the surgery rather than pure economic loss. State law stipulates that this type of non-economic compensation should be limited to $250,000. Therefore, the amount of the settlement was modified by the judge.

 

The plaintiff then filed an appeal challenging the constitutionality of this restriction and the settlement adjustment made by the judge. The doctor also filed an appeal, alleging that the plaintiff had failed to conclusively demonstrate evidence of malpractice and that expert witness testimony had been improperly restricted.

 

The court heard this case in October 2012. Lee A. Johnson contributed to the majority opinion issued by five members of the Supreme Court. In their opinion, the court noted that placing caps on malpractice compensation is a controversial issue which the state Supreme Court has previously issued conflicting rulings about. The majority opinion went on to state that this restriction did not violate the right to trial by jury, the right to the due course of law and the right to equal legal protection. The majority opinion also stated that this legislation did not constitute  violation of the separation of powers between state and federal governments.

 

While Lee A. Johnson concurred in part with the majority opinion, he filed a partial dissent alongside fellow justice Carol A. Beier. In their dissent, they noted that they believed the plaintiff's right to trial by jury and due process of law had been violated and did not issue a judgment as to whether the plaintiff's right to equal protection had been violated. However, Lee A. Johnson concurred by the majority concerning the separation of powers.

Lee A. Johnson also concurred with the majority in restoring $100,000 to the plaintiff awarded to cover future medical expenses, which had been granted by a jury but removed by a post-trial judge. The majority opinion concurred that the jury had had sufficient evidence to justify such an award. In total the plaintiff was awarded that amount, $250,000 for noneconomic damages, and roughly $84,000 in medical expenses already incurred. All arguments presented by the doctor concerning her lack of malpractice were rejected.

Amy Klobuchar

Amy Klobuchar

 


Amy Klobuchar

Amy Klobuchar is an American attorney currently serving as a Senator for the state of Minnesota. Prior to her assuming this public office in 2007, Amy Klobuchar practiced both private and public law. In 1998, she became the first female county attorney to be elected in Hennepin County. Amy Klobuchar maintained this position from 1999 to 2007, when she assumed the office of Senator.

During her period as Hennepin County Attorney, Amy Klobuchar emphasized the prosecution of repeat offenders and violent criminals as a matter of particular importance to her office. As part of her efforts, Amy Klobuchar was instrumental in the creation of a community prosecution initiative. The first such program was established in Manhattan in 1985. The purpose of such a program is to establish stronger ties between citizens of the area in question and the prosecutors managing it.

Under the supervision of Amy Klobuchar, the community prosecution initiative established in Hennepin County consisted of three different divisions. One, located in the Third Police Precinct, provided a full-time prosecutor tasked with coordinating law enforcement with local police officials and consulting regularly with a community council on the needs and concerns of the area.

The second division of the community prosecution initiative established by Amy Klobuchar is located in the Fourth Police Precinct and is staffed by two full-time prosecutors concerned with juvenile crime. Another prosecutor in this office is concerned with adult crimes. Community initiatives allow community members to participate in the sentencing and rehabilitation process. The third division of the community prosecution initiative established by Amy Klobuchar is located in the city of Bloomington. Here, one full-time attorney is concerned with handling all juvenile crime cases which occur in the area.

In addition to her active work in prosecuting criminal offenses, Amy Klobuchar was a strong advocate for criminalizing driving while intoxicated as a felony level offense in the state of Minnesota. The appropriate litigation was passed, in large part thanks to her efforts.

Following her arrival to the Senate, Amy Klobuchar has been involved in a great deal of high-profile legislation. One bill which Amy Klobuchar co-authored along with two other Senators is known as the "Commercial Felony Streaming Act." This legislation, which is pending and has not yet been introduced to the Senate, concerns streaming copyrighted material on a computer from an unauthorized provider. Currently, this is only a misdemeanor offense.

However, under the terms of the legislation co-authored by Amy Klobuchar, would criminalize such activities at a felony level. In order to be charged with a felony violation, the defendant in question would have to have streamed material whose value was in excess of $2,500 or for which the licensing fees are in excess of $5,000. Furthermore, to be prosecuted the defendant in question would have to made use of this kind of illegal streaming video at least 10 times within the period of 180 days.

 

Bruce Bennett

Bruce Bennett

 


Bruce Bennett was an Arkansas politician best known for serving as the state Attorney General from 1957 to 1960, and then again from 1963 to 1966. During his first term as Attorney General, Bruce Bennett was associated with the passage of a series of bills he authored in 1958 with the specific purpose of making it impossible for the civil rights organization the National Association for the Advancement of Colored People (NAACP) to operate in the state. Among other things, the bills authored by Bruce Bennett specifically forbid the NAACP from maintaining attorneys in the state and compelled the organization to give the state a complete list of its members. Similar laws passed by the state of Alabama were later deemed unconstitutional by the US Supreme Court in the 1958 case of the National Association for the Advancement of Colored People V. Alabama, effectively nullifying his legislative work.

 

After an unsuccessful run for state governor in 1960, Bruce Bennett returned to the office of the Attorney General in 1963. During this time, he was involved in the creation of the Arkansas Loan and Thrift company. The company was founded by businessman Ernest A. Bartlett Jr., who had come into possession of a building and loan charter whose terms outdated current state laws governing the regulation of savings and loans businesses. The draft for this company's charter was completed in the office of Bruce Bennett, who became a shareholder in the business.

 

Following the foundation of the company, advertising was successful in soliciting investments from churches and private citizens. The company promised a higher rate of return than could be legally granted by savings and loans institutions, investing the funds into unsafe products while earning roughly $4 million. During this time, the company attracted the attention of the state Savings and Loan Commission. To determine whether the company could be regulated and investigated, the state's savings and loan regulator, Clint Jones, sent Bruce Bennett a series of letter inquiring whether the company could be regulated as a savings and loan association, bank, or insurance company. Bruce Bennett replied in the negative to every query without disclosing his role in the company.

 

The Arkansas Loan and Thrift company declared bankruptcy in 1967, prompting a renewed investigation, this time from the Federal Savings and Loan Commission. Subsequent legal investigation revealed the role of Bruce Bennett in protecting the company from investigation and regulation. In 1969, he was indicted on charges including securities violations, postal fraud, and wire fraud. However, in the subsequent handling of the case, the presiding federal judge, who was a friend of Bruce Bennett's,  severed the case against him from that of other defendants being charged. Due to his throat cancer, Bruce Bennett was able to receive a number of continuances delaying the start of his trial. Bruce Bennett died in 1979 without ever having been prosecuted for his role in the Arkansas Loan and Thrift Company.

Froilan Tenorio

Froilan Tenorio

 

Froilan Tenorio

Froilan Tenorio is the former president of the Northern Mariana Islands. During and after his presidency, which lasted from 1994 to 1998, Froilan Tenorio was associated with several legal controversies. In legal history, the most notable is the case of Sonoda v. Cabrera, in which litigation continued past the end of his presidency.

 

Sonoda v. Cabrera had its roots in an executive order drafted by Froilan Tenorio in 1994, numbered Executive Order 94-3. This proposed law stated that anyone working for the government capacity at a level of authority greater than that of division director would work "at the pleasure of" the Governor. This meant that any such government workers could be hired and fired at the discretion of Froilan Tenorio. The legislature did not object to or alter the wording of Executive Order 94-3, allowing it to take effect.

 

In 1995, Jose A. Sonoda was chosen by Froilan Tenorio to a position within the government's Department of Finance. As part of his hiring, Sonoda signed a two-year contract, as well as an agreement stipulating the terms of his employment. These terms noted that the governor had hiring and firing authority. In March of 1996, Sonoda had testified before a legislative committee and expressed views of the political party opposing Froilan Tenorio. When he was fired shortly thereafter, Sonoda concluded that he had been fired in retaliation for his testimony and filed suit against Froilan Tenorio as well as the Secretary of Finance, Antonio R. Cabrera.

 

The district court in which Sonoda filed suit passed the case along to the Supreme Court of the Northern Mariana Islands. In April of 1997, the court ruled that the actions taken by Froilan Tenorio had exceeded his legal authority. The court also found that Executive Order 94-3 was itself in violation of the constitution of the Northern Mariana Islands, since it claimed the authority to deem government jobs as exempt from the regulations of the civil service system. Under the Constitution of the Northern Mariana Islands, such distinctions can only be made by the legislature. Therefore, Executive Order 94-3 was struck down.

 

This verdict was appealed by Froilan Tenorio and Antonio Cabrera. In 1999, the appeals court processing their request declined to issue a ruling on grounds that the court did not have the authority to consider issues which do not involve federal laws and rights. Sonoda then filed a motion seeking a summary judgment against Froilan Tenorio and Antonio Cabrera. This motion was dismissed in 2000 on grounds that Froilan Tenorio and Antonio Cabrera were immune from judgment against them because they had acted on the reasonable assumption that their actions were legal.

 

In 2001, an appeals court reversed this ruling, noting that even if Froilan Tenorio and Antonio Cabrera had acted on the assumption that Executive Order 94-3 was legal, they should have been aware that firing an employee in retaliation for his testimony was a violation of his free speech rights.

Robert Torricelli

Robert Torricelli

 


Robert Torricelli

 

Robert Torricelli is a former Senator from New Jersey who only served a single term. He withdrew from the election race after allegations that he had accepted bribes from a businessman were made public.

 

Robert Torricelli was an elected member of the US House of Representatives from 1983 to 1997, serving as the representative of the 9th district of New Jersey. In 1996, he ran for the United States Senate and was elected. He began his term in January 1997 and served until January of 2003.

In the weeks prior to the election, a businessman named David Chang publicly stated allegations about bribing Robert Torricelli. Chang stated that he had sought the cooperation of the office of Robert Torricelli in helping him obtain payment from North Korea which he had sold to that nation. To that end, David Chang alleged that he had bribed Robert Torricelli with gifts such as Italian suits, a new Rolex watch, and a 52-inch television set. Though Robert Torricelli denied all the allegations, he decided to drop out of the race regardless.

 

David Chang's statements were made following his agreement with federal prosecutors to receive a reduced sentence for illegal campaign contributions within the state in return for testimony about corruption in the state's political system. However, prosecutor decided not to prosecute Robert Torricelli because Chang's testimony as a convicted felon would lack credibility, making it difficult to obtain a guilty verdict.

 

However, the state's Democratic Party had difficulty replacing Robert Torricelli's name on the ballot. State law stipulates that the names of candidates in an election cannot be changed any closer than 51 days after the election. However, Robert Torricelli exited from the race 35 days before the election. Therefore, legally Democrats were prohibited from replacing his name on the ballot with that of his replacement candidate, Frank Lautenberg.

Democrats argued before the State Supreme Court that despite the law, they should be allowed to replace Robert Torricelli's name in the public interest of the voters. Republicans argued before the Supreme Court that because the language of the legislation in question is clear and unambiguous, the Democratic request for an exception to the rules should not be argued. In its unanimous ruling, the New Jersey Supreme Court stated that it had decided it was in the public interest to grant the Democratic status, allowing for the replacement of Robert Torricelli's name on all ballots.

 

Following the end of his political career, Robert Torricelli became a lobbyist. In 2010, he again attracted attention when it was reported that he had used funds which were raised in the course of his aborted Senate re-election race and donating them to the campaigns of other politicians. While these donations did not violate federal law, the contributions attracted media attention and were cited as evidence of the need to create new laws regarding the legal use of money raised during political campaigns.

Philip E. Tetlock

Philip E. Tetlock

 

Philip E. Tetlock

Philip E. Tetlock is a professor specializing in organizational behavior who is a member of the faculty at the University of California at Berkeley. In the legal field, Philip E. Tetlock is best known for his many papers co-written with Gregory Mitchell, a law professor who is a faculty member at the University of Virginia School of Law.

 

One of their most controversial and prominent papers is the 2006 article "Antidiscrimination Law And The Perils Of Mindreading," published in the "Ohio State Law Journal." The purpose of this article was to challenge some recent developments in the field of legal scholarship regarding the best methods of passing anti-discrimination laws and how to evaluate the role of prejudice and bias when considering legal situations. As part of their argument, Philip E. Tetlock and Gregory Mitchell concentrate specifically on the Implicit Association Test, a psychological test designed to measure associations with objects.

 

In their 2006 paper, Philip E. Tetlock and Gregory Mitchell argue that the Implicit Association Test is not a strong basis on which to base anti-discrimination law. Specifically, the authors allege that these types of tests do not demonstrate conclusive links between the responses chosen and the reasons for these responses. Philip E. Tetlock and Gregory Mitchell argue that, for example, test results and associations made on the basis of racist biases or prejudices can be indistinguishable from those made on an empathetic basis. Further, they argue that the value judgments made during these tests are not based on empirical scientific evidence, as claimed by scholars who wish to pass anti-discrimination laws which prescribe enhanced or different penalties and sentences for crimes committed on the basis of unconscious bias or prejudice.

 

The assertions made by Philip E. Tetlock and Gregory Mitchell in this paper were controversial, prompting a variety of papers which argued that their conclusions would make it impossible to punish even conscious prejudiced or biased acts. In 2009, Philip E. Tetlock and Gregory Mitchell published a follow-up defense of their work in the "Hofstra Law Journal." This paper was entitled "Facts Do Matter: A Reply To Bagenstos," and was specifically directed at a piece written by Samuel R. Bagenstos published in 2007. Bagenstos argued that the conclusions drawn by Philip E. Tetlock and Gregory Mitchell would make it difficult or impossible to consider how to approach prejudice and discrimination in society.

 

In their follow-up article, Philip E. Tetlock and Gregory Mitchell argued that they did not believe that acts of rational prejudice or discrimination should be ignored either in the drafting of laws or in their enforcement. However, Philip E. Tetlock and Gregory Mitchell went on to draw a distinction regarding the difference between social recognition of racist prejudices or biases and their legal recognition. Their paper cautions that while the legal recognition and punishment of such biases might necessarily have to be more limited than its social recognition, the evidence on this is not yet clear.

Erwin Chemerinsky

Erwin Chemerinsky

 


Erwin Chemerinsky

 

Erwin Chemerinsky is a prominent legal scholar specializing in issues of constitutional law. Though he has acted as a lawyer in several capacities, Erwin Chemerinsky is better known for his public commentary on a number of prominent issues.

 

One of his prominent public moments came in 2000, when he was asked by the Los Angeles Police Department to analyze the results of a Board of Inquiry investigation into the so-called "Rampart Scandal." This refers to a series of incidents involving corrupt LAPD officers from 1997 to 2000. The first of these was the fatal March 1997 shooting of an off-duty LAPD officer, Kevin Gaines, by another undercover officer, Frank Lyga. Lyga claimed that Gaines had threatened him and he had acted in self-defense.

 

The next incident took place in November 1997, when a bank robbery was linked to police officer David Mack. In February 1998, officer Brian Hewitt allegedly beat a hand-cuffed gang member, resulting in internal injuries. Hewitt was a member of the CRASH (Community Resources Against Street Hoodlums) division, part of the Rampart department. In March 1998, another officer in this division, Rafael Perez, was linked with the disappearance of more than six pounds of cocaine confiscated as police evidence. In September 1999, Perez agreed to a plea bargain. Under the terms of this plea bargain, he spent nine months detailing his knowledge of corruption in the Rampart department, implicating approximately 70 of his fellow officers in misconduct.

 

In response to these revelations, police chief Bernard Parks convened a Board of Inquiry to investigate the Rampart unit. Their report was issued in March 2000 and blamed poor management practices. The CRASH unit was disbanded that same month.

 

In September 2000, Erwin Chemerinsky completed his independent analysis of the Board of Inquiry's report. This report concluded that their report had deliberately understated and underestimated problems of corruption within the LAPD force, failed to firmly state the problems of the police force's internal culture, did not adequately consider how to institute internal reforms, did not adequately address LAPD procedures for handling cases in which officers made use of excessive force, failed to adequately consider malfunctioning internal discipline procedures, and did acknowledge problems endemic to the entire criminal justice system of the city of Los Angeles. That same month, the United States Department of Justice was given the authority by the Los Angeles City Council to supervise reforms within the LAPD for the following five years.

 

Following the release of this analysis by Erwin Chemerinsky, another independent review panel issued their report in November 2000. This report supported his findings, noting that the LAPD compromised its own internal investigations of disciplinary violations and was viewed by the communities it patrolled as violent and unresponsive or actively hostile.

 

In 2009, Erwin Chemerinsky assumed the position of founding dean at the newly formed school of law at the University of California at Irvine.

Paul Ryan

Paul Ryan

Paul Ryan, Wisconsin’s Representative for the 1st Congressional District


Paul Davis Ryan, Jr. is most known for his position as a Republican member of the House of Representatives for the 1st congressional district of Wisconsin.
Paul Ryan was born on January 29, 1970 in Janesville Wisconsin where he was raised as the youngest out of four children. He went to Joseph A. Craig High School and after that he went to Oxford Ohio to attend Miami University in where he received his undergraduate degree in political science and economics in 1992. 
During college, Paul Ryan briefly worked as a Wienermobile driver for Oscar Meyer. He also took a position as a college intern for U.S. Senator Bob Kasten in his senior year. After graduating, he worked as a marketing consultant for his family’s business in the private sector throughout the 1990’s. He also worked as a volunteer economic analyst for Freedom Works.
In 1995, Paul Ryan accepted a congressional position that had been offered after his graduation. He became a staff economist for an office that worked in conjunction to U.S. Senator Bob Kasten. Two years later, he began to work in U.S. Senator Sam Brownback’s office as a legislative director. In 1996, Paul Ryan worked as a speechwriter to U.S. Representative Jack Kemp along with the Director of the National Drug Control policy, William Bennett.
Paul Ryan was elected to the United States House of Representatives in 1998 after Mark Neumann, the incumbent who was in office for two terms, retired from his position. Since then, he has maintained his seat in and is now serving is 7th term as a Representative.
Paul Ryan is currently the chair of the Committee on the Budget and he also sits on the Committee on Ways & Means as well as the Subcommittee on Health.
Here are some of Paul Ryan’s opinions on critical issues:

Social Security and Medicare
Social security must be strengthened in order to provide retirement security for future generations.
Pass reforms to improve the return rate and to make Social Security as well as Medicare permanently solvent.
Propose legislation that secures Social Security numbers in order to fight against identity theft and illegal immigration.
Federal Budget and taxes
Create more accountability in Congress by controlling spending which will balance the budget without raising taxes.
Expose examples of excessive government abuse and waste.
Reduce tax burden by fixing spending problem in the government.
Create legislation that simplifies individual taxes while making them fairer.

Education
Advocating reform to the No Child Left Behind act.
Strengthening autonomy of teachers, school districts, states, and families.
Driving down college costs and tuition through accessibility and increased transparency.

Health care
Providing universal access to all Americans for health care coverage.
Creating more transparency in the health care market.

Shirley Chisholm

 Shirley Chisholm

The Life of Shirley Chisholm


Shirley Chisholm was an American politician, author, and educator most known for her time as the representative for the 12th Congressional district of New York, making her the first black woman to hold a seat in Congress. She also was the first woman to run for in the Democratic presidential nomination as well as the first black major-party candidate for the position of President of the United States.
Early Life, Education, and Career
Shirley Chisholm was born on November 30, 1924 in Brooklyn, New York to immigrant parents from British Guiana and Barbados. Despite being born in the United States, her parents sent her to Barbados where she lived with her maternal grandmother for seven years.
After retuning, Shirley Chisholm attended Girls High School in Brooklyn and then continued her education at Brooklyn College, where she received her undergraduate degree in 1946. She went on to receive her Master’s degree in elementary education from Columbia University in 1952.
Upon graduation, Shirley Chisholm worked as a director from 1953 to 159 at the Hamilton Madison Child Care Center. She then worked as an educational consultant from 1959 to 1965 for the Division of Day Care.

Political Career
Shirley Chisholm’s first move into politics was in 1964, when she was elected into the State Legislature of New York. Four years after, she ran for a seat in the United States House of Representatives as the Democratic candidate for the 13th Congressional District of York, which she won. This made Shirley Chisholm the first black woman to hold an office in Congress. In 1969, she became a founding member of the Congressional Black Caucus.
In her first term, Shirley Chisholm was assigned to the Committee on Agriculture, which was not as relevant to her since her district was in an urban setting. She asked to be reassigned, which surprised many people in Congress. Shirley Chisholm was then reassigned the Committee on Veteran’s Affairs and later the Committee on Education and Labor.
While in Congress, Shirley Chisholm made an effort to improve the lives for those in her district as well as other inner-city residents. She opposed the draft and supported increasing spending for health care, education, and other social services while reducing military spending.
During the United States presidential election of 1972, Shirley Chisholm decided to make a bid for the presidential nomination of the Democratic Party. While she did not win, she felt that this was a symbolic effort of her refusing to admit to a status quo. In 1977, she was elected as the Secretary of the House Democratic Caucus until 1981. The next year, she announced her retirement from the House of Representatives.
After her retirement, Shirley Chisholm still continued her career by teaching women’s studies and politics and Mount Holyoke College. She also participated in the campaign for Jesse Jackson in 1984 and 1988. She was nominated to be the American Ambassador to Jamaica by President Clinton, but was unable to accept due to her health. In 1993 she was put into to the National Women’s Hall of Fame
Shirley Chisholm moved to Florida and passed away on January 1, 2005.

Eric Cantor

Eric Cantor

Eric Cantor: The Representative of Virginia’s 7th Congressional District


Eric Cantor is most known for being the Republican representative for the 7th congressional district of Virginia for the U.S. House of Representatives. He is also the current House Majority Leader of the 112th Congress.
Eric Cantor was born on June 6, 1963 in Richmond, Virginia. He graduated from the Collegiate School in Richmond, a preparatory school, in 1980, and then attended George Washington University from 1981 and then received his undergraduate degree in 1985. During college, Eric Cantor interned at the office of Tom Bliley, a House Republican of Virginia.
He then went to William and Mary Law School where he obtained a Juris Doctor in 1988 as well as a Master of Science degree in 1989 from Columbia University.
From 1992 to 1991, Eric Cantor served in the Virginia House of Delegates. He was on several different committees throughout his time there including: 
Co-chairman on the Committee on Claims.
Committee on General Laws
Committee on Science and Technology
Committee on Courts of Justice
Committee on Corporation Insurance and Banking
In 2000, Eric Cantor announced that he intended to run for a seat in the U.S. House of Representatives after Tom Bliley left office, with the support of Bliley’s administration as well as with endorsement by Bliley during the primary election.
Eric Cantor became a member in 2001 and was assigned to the Committee on House Financial Services, Committee on House International Relations and the Committee on House Ways and Means. He also sat on the Congressional Task Force on Terrorism & Unconventional Warfare as the chairman.
A few weeks after his second term, he was elected to be the Republican Whip for the 111th Congress, making him the second ranking Republican in the house at the time. He then became the Majority Leader in 2011 at the start of the 112th Congress.
Some of Eric Cantor’s more significant political positions and votes include: 
Supportive of strong relations between the United States and Israel
Opposing giving public funds towards embryonic stem cell research
Opposes same sex marriages
Opposed elective abortion, and has an entirely pro-life voting record
Voting against the banning of discrimination due to sexual orientation
Opposed to gun control
Supporter of free trade, for example with Australia, Peru, Chile, and Singapore
Voting for the TARP program, the bank bailout
Voting against raising the minimum wage in 2007
Voting against the American Recovery and Reinvestment Act of 2009