The people's voice of reason
The people's voice of reason
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Our country is facing a myriad of crises both at home and abroad. These include but not limited to an effective foreign policy in which President Obama has diminished over a century of the U.S. role as a major force in maintain some semblance of order among rogue nations in the Mideast, Russia and China. As a result, the America we once knew is no longer considered the number one world power and, consequently, has lost its influence world-wide. The chaos which has been allowed and to some...
This column will focus on the privatization of dispute resolution in arbitration. Congress enacted The Federal Arbitration Act that required arbitration in all matters involving interstate commerce where there was an arbitration agreement many years ago. In the 1980's the United States Supreme Court upheld that legislation. Since that time there has been extensive privatization of a very large amount dispute resolution. With rare exception Court proceedings are public proceedings, but arbitratio...
In my last article, I explained the failures and consequences of welfare programs for the so-called “poor” or “less fortunate” members of society. But there are also various welfare programs, mostly state and local, for the rich corporate giants. They are frequently touted as “economic development” or “economic incentives.” These come in various forms—outright grants, land, site development, roads, tax breaks, and various other freebies. Alabama is no exception. Practically everybody who doe...
Arbitration amounts to privatization of dispute resolution. Many of the States, including Alabama, had a stated policy specifically excluding the possibility of contracting away the right to go to court before federal legislation preempted state law. In 1925, Congress enacted the Federal Arbitration Act to require dispute resolution through arbitration if the parties to a contract agree to binding arbitration for dispute resolution. In the 1980s, the Supreme Court upheld that legislation and...
In a free society, welfare of any description is never a legitimate function of government. It is in fact, an important element of communism-i. e. "From each according to his abilities and to each according to his needs." It might seem like a great idea to some people, but Russia, North Korea, and several others have proven that it is both an economic and social disaster. Our founding fathers would have never considered even one of the numerous welfare programs that currently consume trillions o...
The concept of natural law was the prevailing philosophy of law throughout the formative period of modern nation states. The idea was that law occurs naturally. Nature, of course, includes human nature and the nature of human society. In general the created order of nature provides some solutions to problems that are better than others. Under natural law theory, the task of courts and legislative bodies is to find that law and declare it. At about the time the United States came into existence,...
Individualism in the legal profession, like other walks of life, thrives on legends and myths. The profession cherishes certain images. One of these images is the image of the rugged individual. Rugged Individualism is an important part of the American tradition. Pioneers were rugged individuals. The legal profession, an adversaria profession, fits right into this picture. Up until the Civil War the primary method of legal education was apprenticeship. Would-be lawyers “read” the law in the off...
As we approach the summer of 2015 it is significant to know, as research studies show, that violent crimes occur at a higher rate in the summer season than any other season. There is a current heightened dissatisfaction and anger among some individuals, groups and communities across America toward law enforcement officers. Distain, threats and acts of violence against police have existed for decades whether it is state, county, district, municipality, university or other special police jurisdict...
For several months this column has focused on various causes of ineffectiveness of the legal system. Most recently we dealt with the extreme ineffectiveness and waste of time that is involved with grand juries in the State of Alabama. Before that we had focused on ineffectiveness that results from the economics of law practice. This column will continue the focus on reasons for ineffectiveness in the legal system. The judicial system itself has certain built in problems. Trial court judges are...
Sometime after William the Conqueror successfully invaded England in 1066, the new line of kings decided they needed help rounding up local criminals to prosecute. Accordingly, they organized groups of local citizens who could keep up with what was going on in the local area to report crimes to the king and his court whenever they visited town. The result was the origin of grand juries. The process evolved so that prosecutors began to utilize the grand jury to bring about indictments....
In recent columns I have concentrated on the economics of law practice. We have discussed the economic motives of plaintiff lawyers, the economic motives of defense lawyers, and the fact that the combination may impact adversely on the ability of the legal system to efficiently resolve disputes. This column will focus on liability insurance and will complete the current discussion of the economics of law practice. Liability insurance companies exist because of litigation, and have a major...
Last month we explored the economic motives of defense attorneys. This month we will discuss the economic motives of plaintiffs’ attorneys. Both defense attorneys and plaintiffs’ attorneys must operate their offices as a business, if they are to be successful. They are both motivated to earn a living practicing law. There the similarity ends. Defense lawyers serve corporate America and liability insurance companies, in large measure. They must practice law in a way that is pleasing to corporate...
This column continues the discussion of the economics of law practice. It is the fourth in a series. First, we described the strong ties between law and economics. We pointed out that because the practice of law is a business, the economic motivation of the lawyers handling the litigation can actually make the legal system less efficient for conflict resolution. Quick resolution of legal disputes does not promote the economic interest of the law business. Defense lawyers who charge hourly rates...
The increase of accusations by the African-American or black community that white police officers disproportionately target black residents has become the focus of recent and current nation-wide protests – both violent and non-violent. News media coverage of the choking death of an unarmed black man, Eric Garner, during an arrest by New York City police officers followed by the shooting death of a young unarmed 18 year-old black man, Michael Brown, by a white patrol officer in Ferguson, M...
In last month’s column we pointed out that the economics of law practice can actually impede the ability of the legal system to efficiently resolve disputes. In future columns we will discuss in depth the economic motivations of both defense lawyers and plaintiff lawyers that contribute to the problem. Before launching into those specifics, however, we need to have a broad general understanding of the relationship of economics and law in the resolution of disputes. The relationship between law a...
In our preceding article we introduced the current series dealing with law, economics and the economics of law practice. Several upcoming articles will deal with the economics of law practice. In order to understand some of the problems associated with the economics of law practice it will be necessary to explain and understand certain dynamics about the nature of law. In 1913, an East European legal philosopher named Eugen Ehrlich, in his book Fundamental Principles of the Sociology of Law,...
Everyone is probably aware of the strong ties that exist between law and economics. Both law and economics are social systems. Every member of society necessarily participates in both systems. It might be more accurate to say that both law and economics are sub-systems within the total framework of society. The two systems - law and economics – are supported by differing motivational forces, and to some extent, exist independently of each other as systems. Human motivation is always complex. A...
Several of my recent columns have been devoted to concerns about the impact of cultural differences on law. Those columns have recognized that the legal system, as it existed, particularly in the South, was a factor in our creating different cultural systems based on race. Unfortunately, the legal system itself discouraged black participation. The exclusion of blacks from the system and mistreatment of blacks by the system resulted in lack of support for the legal system in the black culture....
In the last several articles I have dealt with issues of law and race from a different and unique view point. In the background of all of the articles is consideration of cultural systems. I have noted that the 400 years of slavery and segregation that existed in the United States produced a unique black culture. One aspect of that culture has been the strained relationship between the black culture and the legal system. The legal system obviously originated in Europe-not Africa....
In the past several columns we have discussed problems with the criminal justice system and incarceration. Our exploration of problems concerning the corrections system concluded with a discussion of the fact that 400 years of slavery and segregation created a cultural system that understandably put distance between itself and the legal system. We pointed out that a self-help system evolved and that street justice in a self-help cultural system may be one of the causes for disproportionate...
In last month’s column we discussed how cultural differences impact the criminal justice system. Four hundred years of slavery and segregation created a cultural system in our black communities. That system did not disappear just because the legal system was finally corrected to treat all persons equally. The cultural system that evolved appears to still have notable influence in many areas. As we pointed out, its “self-help” enforcement system is a factor in the higher rate of incar...
In the past couple of articles we have discussed the alarming increase in the rate of incarceration. We have pointed to the fact that an increase in the rate of incarceration signifies that criminal law is not working very well. Ironically, the criminal justice system seems to take pride in the number of cases processed, and the number of convictions. But law works well when people obey the law. Now we turn to an alarming demographic fact about incarceration in these United States. The rate of...
In past articles we have discussed the breakdown of the family and the impact of family breakdown on moral formation. We suggested that inadequate moral formation is the root cause of crime. We suggested the possibility that the breakdown of the family and damage to its role in moral formation has contributed to the escalating rate of incarceration. We have also discussed the important role that the peer group plays in moral formation and the fact that usually the “peer group” is found in church...
The tremendous increase in the rate of incarceration that has occurred over the past forty years or so strongly indicates more crimes are happening. Our next few columns we will explore some of the implications. In an earlier column we pointed out that there is no “cause” for crime. There is a cause for proper behavior. The cause for proper behavior is adequate moral formation. We also pointed out that the traditional family was the beginning point of moral formation and that the breakdown of...
Family is the basic economic unit of our culture. Earlier columns have examined the breakdown of family and problems related to assignment of family disputes to an adversarial judicial system. Problems related to child and spousal support epitomize the unanticipated difficulties of the transition to no-fault divorce administered by an adversarial judicial system. The traditional family was the ultimate consumer. Food, clothing, housing, transportation, and all of the basic requirements for life...
