Rosa Parks

Rosa Parks, who passed away at 92 this week, lies in state in the Capitol Rotunda tonight. She is the first woman to be so honored.

Mrs. Parks changed the history of our nation forever when she took one deceptively small action: she refused to give up her seat to a white person on a public bus, in a community that required her to do so only because she was African American.

The year was 1955. In 1954, the Supreme Court had put an end to the constitutionality of “separate but equal,” but Brown v. Board of Education remained a victory in name only. Mrs. Parks gave substantial force to its edict not simply by keeping her seat, but by demanding recognition of her irreducible dignity as a perfectly equal human being. Her courage in the face of a hostile community and an unknowable future sparked movements for social justice all over the world.

Rosa Parks’ patriotism, her moral force, and her clarity of vision galvanized a nation. May we never forget that her mission now passes, yet unfinished, to us.

I, too, sing America.


I am the darker brother.
They send me to eat in the kitchen
When company comes,
But I laugh,
And eat well,
And grow strong.


Tomorrow,
I'll be at the table
When company comes.
Nobody'll dare
Say to me,
"Eat in the kitchen,"
Then.


Besides,
They'll see how beautiful I am
And be ashamed--


I, too, am America.
--Langston Hughes

Don't-miss opportunity to hear Walter Dellinger!

Renowned Supreme Court advocate Walter Dellinger to speak on the Rehnquist-O’Connor Court
Wednesday, November 2, 6:00 pm, JG 103; reception to follow
Sponsored by the Columbia chapter of the American Constitution Society

Walter Dellinger, head of President Clinton’s Office of Legal Counsel from 1993-96 and Acting Solicitor General for the 1996-97 term of the Supreme Court, is the Douglas B. Maggs Professor of Law at Duke University, and head of the Appellate Practice at the D.C. law firm O’Melveny & Myers.

Dellinger has accumulated remarkably extensive appellate and litigation experience in constitutional law. As the head of the Office of Legal Counsel, he issued opinions on such topics as affirmative action, religious activity in public schools, and whether the President may decline to enforce statutes he believes to be unconstitutional. During his time as Acting Solicitor General, Dellinger tried nine cases before the Court, the most of any Solicitor General in twenty years.

Dellinger has testified over twenty-five times before Congressional committees, including the Senate Budget Committee and the House and Senate Judiciary Committees.

Examples of Dellinger’s recent cases, argued in his role as head of O’Melveny & Myers’ Appellate Practice, include Hunt v. Cromartie (in the Supreme Court) and Martha Stewart v. United States (in the Court of Appeals).

On Wednesday, November 2, at 6pm, he will speak on the Rehnquist—O’Connor Court. A reception will follow. Don’t miss this exceptional opportunity!

Harriet Miers withdraws

Harriet Miers announced this morning that she has withdrawn her nomination to the Supreme Court. President Bush has blamed the Senate's repeated requests for release of documents relating to her service in the White House, which the President refused on the grounds of executive privilege. Miers has said that she believes that continuing her nomination process would not be in the best interests of the White House, its staff, or the country.

But despite the attempted redirect of our attention to the issue of executive privilege, the problems created by the Miers nomination were far more basic than partisanship or politics. Senators did not oppose Miers because of her views; her opinions, whatever they are, remained opaque for the duration of the process. Opposition came, rather, from her lack of qualifications for the Court.

With all respect to Ms. Miers, it should have been abundantly clear to the President and his vetting committee (headed by Miers) that a lawyer who is not a constitutional scholar cannot successfully serve on the Court. It is emphatically the duty of the Court to say what the law is, and without serious years of academic and legal training in the nuances and complications of the United States Constitution, it is beyond comprehension that any lawyer--no matter how skilled in corporate law--could serve in this capacity.

What of the role of gender in the nomination? Many who opposed Ms. Miers were accused of sexism. It's hard to see how that charge could hold water. I did not personally read any commentary that referenced her gender in other than a neutral way. However, many, many much more qualified women than Ms. Miers were available to the President for nomination. The implication that Ms. Miers was the best qualified woman that he could locate is simply laughable. The reasons he gave--that Ms. Miers is a "good lawyer" and that the President "knows her heart"--did nothing to bolster Americans' understanding of her intellectual and legal qualifications, and the disservice done was only marginally related to gender.

The obfuscation created by claiming that opposition to Ms. Miers was in any way politically motivated is truly unfortunate. Regardless of how one feels about Justice Roberts' judicial philosophy, it is incontrovertible fact that (1) he has one, and (2) it was developed over a lifetime of careful study. We should demand no less of each and every Supreme Court justice that the Senate consents to appoint.

Calculating Perjury

While on Meet the Press on October 23rd, Kay Bailey Hutchison (R-TX), had this to say regarding the federal investigation into the CIA leak:

Tim Russert, Host of Meet the Press: Senator Hutchison, you think those comments from the White House are credible?

Senator Hutchison: Tim, you know, I think we have to remember something here. An indictment of any kind is not a guilty verdict, and I do think we have in this country the right to go to court and have due process and be innocent until proven guilty. And secondly, I certainly hope that if there is going to be an indictment that says something happened, that it is an indictment on a crime and not some perjury technicality where they couldn't indict on the crime and so they go to something just to show that their two years of investigation was not a waste of time and taxpayer dollars. So they go to something that trips someone up because they said something in the first grand jury and then maybe they found new information or they forgot something and they tried to correct that in a second grand jury. (emphasis mine)
Link

Yesterday, Senator Hutchison backtracked on these comments, recounting the following on the hilariously titled Fox & Friends:

I was sort of misconstrued the other day, and I certainly think that if someone has lied to an investigator, of course that is a crime. It is a terrible crime.
Link

Perhaps the Hutchison Perjury Didactic can be clarified by turning to the Federal Sentencing Guidelines for Perjury. Here, we learn the following:

Chapter 2 - PART J - OFFENSES INVOLVING THE ADMINISTRATION OF JUSTICE
§2J1.3. Perjury or Subornation of Perjury; Bribery of Witness

(a) Base Offense Level: 14

(b) Specific Offense Characteristics

(1) If the offense involved causing or threatening to cause physical injury to a person, or property damage, in order to suborn perjury, increase by 8 levels.

(2) If the perjury, subornation of perjury, or witness bribery resulted in substantial interference with the administration of justice, increase by 3 levels.

...
Link

Base Offense Level works a little bit like hit points in Dungeons & Dragons -- the higher the number, the more severe the mandatory punishment.

Maybe Senator Hutchison's confusion regarding the severity of perjury relates to this base offense level. What does a base offense level of 14 mean, anyway? To learn more about this technicality/terrible crime, let's compare its base offense level with some other potential technicalities out there:

Crimes Against the Person
1^st Degree Murder: 43
2^nd Degree Murder: 33
Kidnapping: 32
Involuntary Manslaughter: 10 or 14
Aggravated Assault: 14

Crimes Against Property
Larceny of between $70,000 and $120,000: 14
Counterfeiting between $200,000 and $350,000: 14
Burglary of non-residence of between $10,000 and $50,000: 14

Other Crimes:
At least 5g but less than 10g of Heroin, or
At least 25g but less than 50g of Cocaine, or
At least 5kg but less than 10kg of Marihuana: 14
Promoting Prostitution or Prohibited Sexual Conduct: 14
Importing, Mailing, or Transporting Obscene Matter that displays depictions of violence: 14

Boy, there are a lot of Base Offense Level 14's out there. Senator Hutchison, are all these offenses easily confused with technicalities?

This week at the ACS

Hi friends!

We have a lot of great events coming up--check out the list below! As always, send your comments and suggestions to Mary Kelly at mp2331. See you soon!

Get blogging!

Andy’s done redesigning the ACS blog. Check it out at http://columbiaacs.blogspot.com/, and watch your email inbox for opportunities for YOUR blog entry to get published!

Walter Dellinger to speak on the Rehnquist Court, Nov. 2, 6:00 pm

On November 2, Columbia ACS is sponsoring a talk by Walter Dellinger on “The Rehnquist Court in Retrospect.” Dellinger is the Douglas B. Maggs Professor of Law at Duke University. He served as acting Solicitor General for the 1996-97 Term of the Supreme Court. Dellinger argued nine cases before the Court, including cases dealing with physician assisted suicide, the line item veto, the cable television act, the Brady Act, the Religious Freedom Restoration Act and the constitutionality of remedial services for parochial school children. Mark your calendar! Thomas, tch2105, or Mary Kelly, mp2331, for more information.

Intelligent Design debate, Nov. 2, during lunch

We’re cosponsoring a lunchtime debate on the theory of Intelligent Design with the Libertarians and Federalists at lunch on November 2 (location TBA). Come have lunch with your ACS friends and listen to a fascinating debate on the newest phase of the church and state debate, currently the subject of a case in Pennsylvania federal court. Contact Thomas, tch2105, or Suehiko, sdo7, for more information.

Road Trip! to the Leadership Conference at Harvard, Nov. 11-13

Yeehaw! The American Constitution Society is saddling up for Boston and the first-ever ACS Student Leadership Conference at Harvard on Saturday November 12. Take the weekend to meet student activists from around the region, get to know your fellow Columbia Law students, and discuss the future of ACS and projects like the Constitution in the 21st Century Project with National staff. Please e-mail Jon Sherman at js2842 if you're interested in joining us.

Writing competition: winner gets published!

OVERVIEW: The University of Pennsylvania Law School Chapter of the American Constitution Society will serve as host to the second annual legal writing competition for law students nationwide. This year’s theme is Addressing Inequality: Moving Toward a More Just Society. Papers will be judged on their effective use, analysis, and/or expansion of progressive legal scholarship. This year’s judging committee will include federal court judges and leading academics. The student authors of the top three papers will receive special recognition at the ACS National Convention and a cash prize for their work. The top paper will receive an offer of publication in the University of Pennsylvania Journal of Constitutional Law. The deadline is Friday, February 3, 2006.

For more information, you can access the writing competition website from http://www.acslaw.org/chapters/students/. Questions? Email Mary Kelly, mp2331.

Next general meeting, Nov. 1 at lunch

Our next general meeting will be at lunch on Tuesday, November 1. Watch your email for the location. Lunch provided as always, and remember to bring a friend!

Video of Vanita Gupta's October 6, 2005 Presentation

Video of Vanita Gupta's October 6^th talk, Texas Justice: From Human Rights to Civil Rights, is available online at the Columbia ACS website.

If you're in a hurry, you can fast forward to the beginning of Vanita's remarks by moving the slider at the bottom of the video about 10% into the total length of the video.

Membership party on Thursday!

Hi friends!

See below for the latest. Don't miss the pre-bar review party on Thursday! As always, send us questions, comments, and proposals for new events: acs@law.columbia.edu or Mary Kelly at mp2331.

Membership party Thursday!

Pre-bar review party October 20! Food, drinks, and ACS people, and all you have to do is cough up $10 for your student ACS membership (plus you get a water bottle!). Watch your email for more details or email Whitney, war2102, or Jon, js2842.

Walter Dellinger to speak on the Rehnquist Court

On November 2, Columbia ACS is sponsoring a talk by Walter Dellinger on “The Rehnquist Court in Retrospect.” Dellinger is the Douglas B. Maggs Professor of Law at Duke University. He served as acting Solicitor General for the 1996-97 Term of the Supreme Court. Dellinger argued nine cases before the Court, including cases dealing with physician assisted suicide, the line item veto, the cable television act, the Brady Act, the Religious Freedom Restoration Act and the constitutionality of remedial services for parochial school children. Mark your calendar! Thomas, tch2105, or Mary Kelly, mp2331, for more information.

Intelligent Design debate

We’re cosponsoring a lunchtime debate on the theory of Intelligent Design with the Libertarians and Federalists at lunch on November 2 (location TBA). Come have lunch with your ACS friends and listen to a fascinating debate on the newest phase of the church and state debate, currently the subject of a case in Pennsylvania federal court. Contact Thomas, tch2105, or Suehiko, sdo7, for more information.

Road Trip! to the Leadership Conference at Harvard

Yeehaw! The American Constitution Society is saddling up for Boston and the first-ever ACS Student Leadership Conference at Harvard on Saturday November 12. Take the weekend to meet student activists from around the region, get to know your fellow Columbia Law students, and discuss the future of ACS and projects like the Constitution in the 21st Century Project with National staff. Please e-mail Jon Sherman at js2842 if you're interested in joining us.

Next general meeting

Our next general meeting will be at lunch on Tuesday, November 1. Watch your email for the location. Lunch provided as always, and remember to bring a friend!

This week at the ACS

Hi ACS members and friends! Here's the upcoming lineup. As always, send ideas and comments to acs@law.columbia.edu or mp2331.

Community Gardening

Interested in learning about gardening? Hanging out with some ACS folks? Just getting your hands dirty? ACS and the National Lawyers’ Guild are cosponsoring a trip to to a community garden in the Bronx on Saturday, October 15. Meet in the JGH lobby at 10 am. There will be a talk on the legal issues surrounding community gardens, work, then a meal. For more information, email Suehiko at sdo7 or Liz at eaa2101.

Road Trip! to the Leadership Conference at Harvard

Yeehaw. The American Constitution Society is saddling up for Boston and the first-ever ACS Student Leadership Conference at Harvard on Saturday November 12. Take the weekend to meet student activists from around the region, get to know your fellow Columbia Law students, and discuss the future of ACS and projects like the Constitution in the 21st Century Project with National staff. Please e-mail Jon Sherman at js2842 if you're interested in joining us.

Membership party

Pre-bar review party October 20! Watch your email for more details or email Whitney, war2102, or Jon, js2842.

Next general meeting

Our next general meeting will be at lunch on Tuesday, November 1. Watch your email for the location. Lunch provided as always, and remember to bring a friend!

Walter Dellinger to speak on the Rehnquist Court

On November 2, Columbia ACS is sponsoring a talk by Walter Dellinger on “The Rehnquist Court in Retrospect.” Dellinger is the Douglas B. Maggs Professor of Law at Duke University. He served as acting Solicitor General for the 1996-97 Term of the Supreme Court. Dellinger argued nine cases before the Court, including cases dealing with physician assisted suicide, the line item veto, the cable television act, the Brady Act, the Religious Freedom Restoration Act and the constitutionality of remedial services for parochial school children. Mark your calendar!

General meeting Monday, event Thursday!

Hi ACS members and friends!

See below for important announcements about events and programs this week. You can always click on the “calendar” link at the left margin of this site to check the date and location of our events—look for the dates that are highlighted on the month view of the calendar.

Two major events this week: general membership meeting on October 3 (note: TOMORROW, Monday) at lunch and Vanita Gupta talk and reception on October 6 at 6:00 pm.

As always, please write with your comments and suggestions for events and programs. We look forward to hearing from you.

See you soon,
Mary Kelly and the ACS Board
mp2331 or acs@law.columbia.edu


General Meeting TOMORROW, October 3—bring a friend!

JG 106 at 12:20. LUNCH PROVIDED! We’ll talk about Thursday’s Gupta event, a membership party later in October, new plans for our blog, and a road trip to Harvard in November. Do you know someone who would love ACS, but just doesn’t know about us yet? Please bring a friend to the general meeting, and we’ll see you there!


Texas Justice: from human rights to civil rights, Thursday, October 6

JG 106 at 6:00 pm, reception to follow in Drapkin. When Vanita Gupta was just 26 years old and fresh out of NYU Law, the NAACP LDF sent her to Texas to investigate a notorious drug “sting” that had gotten 45 Tulia residents convicted—without any evidence at all. The story of how Vanita helped them win their freedom will inspire you. We’ll show part of the 60 Minutes documentary made about Tulia. Vanita will also speak about LDF’s current work with the victims of Hurricane Katrina. Co-sponsored with BLSA and the Columbia College Scholars program. Got a friend who would love ACS, but doesn’t know about us yet? Bring your friend!

Please RSVP for the Gupta event at http://www.studentaffairs.columbia.edu/events/ (scroll down the page).


Moot Court Information

Interested in participating in the ACS National Moot Court Competition in Constitutional Law? Couldn’t make it to the informational meeting last week? Adam Nagorski, team coach, will fill you in on all the details, from the topic (felony disfranchisement) to the competition timeline and everything in between. Email Adam at aan51.


Practitioner mentors: sign up!

If you are interested in being set up with a Columbia Alum who has expressed a willingness to mentor a 1L, then please contact me at NSN2102@COLUMBIA.EDU. I have a number of practitioners in the city who are standing by. Feel free to e-mail me with questions about the program. Note that these mentors are not necessarily affiliated with the ACS (although we hope to implement such a program in the very near future).

Thank you,
nick napolitan


2L and 3L mentor program: sign up!

If you missed out on getting a 2L or 3L mentor, or if you are a 2L or 3L who would like to volunteer to mentor a 1L, please contact Whitney at war2102.


Apply to write for ACSBlog! (Deadline has been extended)

Student Editors & Writers Wanted for the ACSBlog

Since its inception in August 2004, ACSBlog - the official blog of the American Constitution Society - has received over 300,000 visits, been nominated for several awards and been linked to by leading blogs including the Volokh Conspiracy, AndrewSullivan.com, BoingBoing.net, DailyKos and Slashdot. ACSBlog is edited by law students. It includes daily legal news summaries and posts on various legal subjects by law students, academics, practitioners and others. Posts by student writers have been republished on various blogs, websites and journals.

As it enters its second year, ACSBlog is seeking to hire law student volunteers as Editors-at-Large to publish analytical columns and short news stories. New columnists will be selected based on a writing contest to be judged by the blog's current editorial team. Any current law student may enter; 1Ls are especially encouraged to apply. Students interested in submitting an entry will be required to write a short column, between 250-750 words in length, on a legal issue of national significance or interest. Additionally, entries should adhere to the following guidelines:

• ACS is a not-for-profit, 501(c)(3) educational organization. We do not lobby, litigate or take positions on specific legal or public policy initiatives, cases, legislation or nominations. Accordingly, entries should provide rigorous analysis rather than editorializing or presenting statements of opinion. In general, both sides of an issue should be fairly presented, although authors enjoy discretion as to which arguments are worthy of greatest emphasis. Opinions, including controversial and strongly stated opinions, voiced by reputable sources, may and should be quoted with full attribution provided.
• Entries should be professional in tone and avoid ad hominem attacks. We emphasize brevity, good writing and accessibility for a readership that includes lawyers, law students and general readers interested in law and public policy issues. Appropriate uses of humor are encouraged but must be genuinely funny.
• Quotations, third-party opinions, cases and statements of controversial legal or political theories should be cited. While Bluebooking is acceptable for materials unavailable online, the preferred method of citation is a hyperlink to the original source.

Submissions will be judged based on relevance, clarity and entertainment value. Please avoid editorializing and statements of personal opinion. For writing examples, previously published columns are available at www.acsblog.org.

Entries should be submitted to Jeffrey Jamison, Managing Editor, at jeff@acslaw.org by September 30th, 2005. In addition, please include your name, phone number, law school, expected date of graduation and resume. The top entries will be published on ACSBlog, and those entrants will be invited to join the blog staff as Editors-at-Large. By entering a submission, the entrant grants the American Constitution Society first North American publication rights to his or her submission in the event ACSBlog chooses to publish it.

American Constitution Society
email: info@acslaw.org
phone: 2023936181
web: http://www.acslaw.org