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DLN Front Apr11-3    4/10/12     1:59 PM     Page 1




                                                                                                            News you cannot get anywhere else.
                                                                                                                              www.legalnews.com

           Vol. CXVII, No. 73                                                                                        Wednesday, April 11, 2012                                                                                                                75 Cents


                                                                                                                                                                                                                                ABA to honor
           PROFILE                                                                                                        Parade Rest
                                                                                                                                                                                                                               State Bar with
           IN BRIEF                                                                                                                                                                                                              Grassroots
                                                                                                                                                                                                                              Advocacy Award
                       BY SHEILA PURSGLOVE
                              Legal News


              Lee Alan Sartori                                                                                                                                                                                                   The State Bar of Michigan will receive the
                                                                                                                                                                                                                              American Bar Association Grassroots Advoca-
             Consulting Business                                                                                                                                                                                              cy Award for its outstanding efforts to increase
                                                                                                                                                                                                                              funding for the Legal Services Corporation,
                                            Lee Alan Sartori                                                                                                                                                                  which helps provide legal aid for low-income
                                         learned business                                                                                                                                                                     Americans. The award will be presented on
                                         skills at a young age                                                                                                                                                                April 18 during a reception at the United
                                         around the kitchen                                                                                                                                                                   States Supreme Court.
                                         table, from parents                                                                                                                                                                     With 63 million Americans — including 22
                                         who started and                                                                                                                                                                      million children — qualifying for assistance,
                                         operated a successful                                                                                                                                                                LSC is the nation’s single largest provider of
                                         small business and                                                                                                                                                                   civil legal aid to citizens who live on incomes
                                         managed several real                                                                                                                                                                 below or near the poverty line. Independent
                                         estate investments                                                                                                                                                                   LSC-funded local programs, such as Legal
                                         with little capital but                                                                                                                                                              Services of Eastern Michigan, help meet the
                                         lots of headaches.                                                                                                                                                                   overwhelming legal needs of struggling fami-
                                            An attorney with                                                                                                                                                                  lies, veterans, disaster victims and the elderly,
                                         Howard & Howard                                                                                                                                             Photo by John Meiu       among others, in every state. In 2010, LSC-
                   Lee Alan              in metro Detroit and        Members of the Hellenic Bar Association took part in the Greek Independence Day Parade on Sunday, March 25. Happy                                        funded aid providers in Michigan closed near-
                    Sartori              an adjunct law pro-         to march down the streets of Detroit on a sunny afternoon were (l-r) Christina Panagoulia Triantafillopoulos, Natalie                                    ly 27,315 cases including child custody mat-
                                         fessor at Michigan          Zummer, Rep. Robert J. Constan, Hellenic Bar President Lana Panagoulia, Wayne County 28th District Court Judge James                                     ters, foreclosures and veterans claims.
         State University College of Law and Walsh Col-              Kandrevas, Wayne County Circuit Court Judge Eric Cholack, Wayne County 35th District Court Judge James Plakas,                                              Last year, the State Bar of Michigan played
         lege, Sartori ran a small business in his later high        Basil Simon of Simon, Stella, & Zingas PC; and Nick Soulas.                                                                                              an exemplary role in advancing access to jus-
         school and early college years. When budding                                                                                                                                                                         tice by successfully advocating for adequate
         entrepreneurs sought his advice, he discovered                                                                                                                                                                       funding for LSC during the congressional bud-
         his passion for talking to people about business.                                                                                                                                                                    get allocation for fiscal year 2012. The State


                                                                   Pipeline to Power
         He also was impressed with the depth of busi-                                                                                                                                                                        Bar of Michigan advocated for LSC funding
         ness knowledge shown by his CPA and attorneys.                                                                                                                                                                       through an ongoing grassroots legislative
             “Those experiences and interactions morphed                                                                                                                                                                      advocacy campaign that included urging con-
         into the idea of becoming a ‘business consul-                                                                                                                                                                        gressional members on the Joint Select Com-
         tant’— whatever that may mean,” Sartori says. “I                                                                                                                                                                     mittee on Def icit Reduction to push for
         actually sat down in a public library and
         researched a list of credentials I believed were
                                                                   Symposium explores gender equality in the legal profession                                                                                                 increased LSC funding.
                                                                                                                                                                                                                                 The State Bar of Michigan worked to pre-
         necessary to realize that goal and then set about            Annoyance and concern over the portrayal                                          on gender.”      tus, family life, and motherhood. The research       vent a potentially devastating $104.2 million
                                                                                                                             For those unable to attend,                                                                      (25.7 percent) proposed cut to the LSC budget
         working on the list.                                      of a woman nominated to the U.S. Supreme                                                 Brenner      culminated in an article for the Temple Law
                                                                                                                               Law Professor Bridget                                                                          of $404.2 million in fiscal year 2010. While
             “After a few years I realized that certain            Court prompted two law scholars to examine                                            and Knake’s     Review, which was really the impetus for creat-
                                                                                                                                Crawford will live-blog                                                                       the House of Representatives proposed fund-
         knowledge related to some credentials I was               the question of “how formidable are the barri-                                        study sug-      ing this symposium.”
                                                                                                                                     the event at                                                                             ing LSC at $300 million, the Senate favored an
         obtaining by experience and via other credentials         ers women face when climbing the steps to real                                        gested that a      The event is presented by the Michigan
                                                                                                                             www.thefacultylounge.org .                                                                       allocation of $396 million. Ultimately, funding
         I’d already obtained, and frankly, that I may not         power in the legal profession?”                                                       big part of the State Law Review and Michigan State Univer-
         live long enough to finish the list.”                        They concluded that the answer was “pretty                                         problem is the sity College of Law’s Frank J. Kelley Institute       was set at $348 million, thanks in large part to
             Focusing instead on major areas of knowl-             formidable.”                                       continued distorted views on women that are of Ethics and the Legal Profession and brings               efforts such as the State Bar of Michigan’s.
         edge, Sartori earned a bachelor’s degree in                  That study eventually led to a major sympo-     perpetuated, at least in part, by media represen- together experts from the fields of law, gender          “The State Bar of Michigan is honored to
         accounting and an MBA from Oakland Universi-              sium.                                              tations.                                           studies, political science and journalism. It will   be named a 2012 recipient of the ABA Grass-
         ty, a master’s degree in taxation from Walsh Col-            More women enter the law profes-                                                                             be held at the Westin Book Cadillac        roots Advocacy Award. We have a committed
         lege, and his juris doctorate summa cum laude             sion every day, but the “glass ceiling”                                                                         Hotel in downtown Detroit on Thurs-        staff that works very hard to advance the bar’s
         from MSU College of Law mainly at night while             that keeps them from achieving suc-                                                                             day, April 12, and Friday, April 13.       interests on the legislative front, and we value
         working during the day.                                   cess comparable to their male coun-                                                                                Topics will include Gender, Race        our relationship with the ABA when opportu-
             “I really don’t view myself as an attorney,
         CPA, business person, or instructor — I simply
         view myself as a business consultant that hap-
                                                                   terparts is the subject of the sympo-
                                                                   sium “Gender and the Legal Profes-
                                                                   sion’s Pipeline to Power.”
                                                                                                                                                    “      Our hope in
                                                                                                                                                   creating this project
                                                                                                                                                                                   and the Judiciary; Gender Equality:
                                                                                                                                                                                   From the Boardroom to the Elec-
                                                                                                                                                                                   torate; Rethinking Our Understanding
                                                                                                                                                                                                                              nities arise to work together on issues of mutu-
                                                                                                                                                                                                                              al interest,” said State Bar of Michigan Presi-
                                                                                                                                                                                                                              dent Julie Fershtman.
         pens to be practicing in a law firm and perhaps              Despite increasing numbers of                                                                                of Gender Inequity; and Bringing it           “The State Bar of Michigan has been at the
                                                                   women attorneys and law students,
                                                                                                                                                   was that it would               Closer to Home: The Pipeline to            front, leading on a variety of issues, including
         an adjunct professor to some very fine colleges
         who ask me to speak when they believe I’ve                leadership roles continue to be elu-                                            give us a better                Power for Women Lawyers in Michi-          the effort to preserve funding for legal ser-
         something beneficial to say.”                             sive for women in the profession.                                                                               gan.                                       vices. Their immense contributions on behalf
             Academics and experience go hand-in-hand,             They comprise only 6 percent of                                                 understanding of                   Working with those scholars was a       of Michigan lawyers have strengthened our
         and one without the other is only one-half of an          managing partners in law firms and                                              what’s happening                learning experience even for Brenner       system of justice,” said ABA President Wm. T.
         education, he says. He mixes a lot of real world          hold less than 15 percent of equity                                                                             and Knake.                                 (Bill) Robinson III.
         experiences into classes so his students not only
         get the flavor of real life, but also can use their
         knowledge immediately on the job.
                                                                   partnerships in those firms. Only 20
                                                                   percent of general counsels for For-
                                                                   tune 500 companies and 20 percent
                                                                                                                                                   ‘on the ground.   ’
                                                                                                                                                                      ”
                                                                                                                                                               — Hannah
                                                                                                                                                                                      “Our hope in creating this project
                                                                                                                                                                                   was that it would give us a better
                                                                                                                                                                                   understanding of what’s happening
                                                                                                                                                                                                                                 The State Bar of Michigan will receive one
                                                                                                                                                                                                                              of the five ABA Grassroots Advocacy Awards
                                                                                                                                                                                                                              that will be given as part of the ABA’s annual
             The “light bulb” going off over students’             of law school deans are women.                                                                                  ‘on the ground,’” she said. “In doing      effort to connect policymakers with con-
         heads is gratifying, as is the opportunity to affect         “Prof. Renee Newman Knake and                                                               Brenner          this research, we learned about the        stituents in the legal profession. ABA Day
         their lives in a positive way, according to Sartori.      I engaged in a research project about                                                                           extraordinary work of so many schol-       2012 brings distinguished lawyers from 50
             “Anyone who is sincerely into teaching can            the time Elena Kagan was being con-                                                                             ars across the country who are contin-     states to Washington, D.C., to discuss issues
         attest to the electricity in the air when knowledge       sidered for the U.S. Supreme Court,”                                                                            uing to advance this conversation          such as funding for the Legal Services Corpo-
         is gained and, if they’re honest, their sheer enjoy-      says Hannah Brenner, a law lecturer at Michi-          “We went back to Justices Rehnquist and about gender equality in the legal profession.”             ration, the Violence Against Women Act, and
         ment in participating in that experience,” he says.       gan State University College of Law. “We           Powell in the 1970s up to the nomination of           Linda Greenhouse will deliver the keynote         the collection of overdue state court-ordered
         “I’d like to think that if I’m teaching, or ‘selling’     exchanged e-mails expressing our concern           Elena Kagan,” Brenner said. “Our research lecture at 6 p.m. on Thursday, April 12.                      fees.
         something, it’s really inspiration, confidence, and       about some of the ways that Kagan was being        looked at a number of factors and we evaluated        Greenhouse was a journalist and covered the          Other recipients of 2012 ABA Grassroots
         problem solving and that the subject matter is            portrayed in the media. She was being ques-        every article on the nominations in the New U.S. Supreme Court for the New York Times                   Advocacy Awards include George Cauthen,
         only the means of conveying those items. No               tioned about her marital status, motherhood        York Times and the Washington Post from the from 1978 to 2008. She is now Senior                        Nelson Mullins et al; L. Jonathan Ross, Prim-
         matter what the subject matter is, I believe one of       and her appearance. We decided to conduct an       date they were mentioned as a potential nomi- Research Scholar in Law, Knight Distinguished             mer Piper Eggleston & Cramer PC; the
         the main purposes of academics should be to               empirical study on how nominees to the             nee until the day they were confirmed. We Journalist in Residence and Joseph Goldstein                  Supreme Court of Texas; and Betty Balli Tor-
         solve peoples’ problems.”                                 Supreme Court had been portrayed depending         looked at mentions of appearance, parental sta-                             See POWER, Page 2           res, Texas Access to Justice Foundation.
             After 25 years of practice and 11 years of
         teaching, the teacher is still a student, learning
         every day from pretty much everyone he encoun-
         ters.
             “Fortunately, I’ve been blessed to work with a
         number of extraordinary, knowledgeable, and
                                                                   DAILY BRIEFS                                                                                                                                                    Official Newspaper:
                                                                                                                                                                                                                                     • City of Detroit
         ethical senior attorneys and business persons
                                                                   Bradley announces candidacy                                                   Judge Matthew Sabaugh to hold                                                    • Wayne Circuit Court
         over the years from whom I’ve not only learned a
         lot about business but about life in general — I’ll       for seat on 36th District Court                                               court at Lincoln Middle School                                                    • U.S. District Court
         do my best to pass along the gifts they’ve shared                                                                                                                                                                       • U.S. Bankruptcy Court
         with me,” Sartori says.                                                                   Andrea J. Bradley has announced her              37th District Court Judge Matthew P. Sabaugh will preside over a
                                                                                               candidacy for judge for the 36th Judicial         special court session at Lincoln Middle School in Warren on Friday,
                                    See PROFILE, Page 3                                        District Court in Detroit.                        April 13 at 9 a.m. The 37th District Court has received approval from
                                                                                                   “I am running because Detroit is in tran-     the State Court Administrator’s office to hear cases off-site at local                       I Taking Stock
                                                                                               sition and now is the time for strong lead-       schools. Sabaugh began holding court in schools as part of his mission
                                                                                                                                                                                                                                              Malcolm Berko
                     INSIDE DLN                                                                ers to step up and serve our community. We
                                                                                               need judges that have the strength of char-
                                                                                                                                                 to create public awareness of the court system. “Court in School” has
                                                                                                                                                 proved to be a great success at local high schools and Sabaugh has                           on TIAA-CREF
                                                                                               acter to impart equal justice, for every per-     expanded it to include middle schools in the district.
         Business News .............................2                                          son, every day.”                                     “The response from the middle school students has been tremen-                                       Page 2
                                                                                                   A Campaign Kickoff and Fundraiser to          dous. The students have many questions and they get an eye-opening
         Calendar ...................................28
         City Request for Bids .....................5
                                                                                               elect Andrea J. Bradley to 36h District
                                                                                               Court will be held on Thursday at Cutters
                                                                                                                                                 experience about our legal system,” said Sabaugh.
                                                                                                                                                     In addition, Sabaugh has invited a representative of the Macomb
                                                                                                                                                                                                                                              I Law Life
         Classified Ads ..............................4                                        Bar and Grill from 5:30-8 p.m.                    County Juvenile Court Probation Department to speak to the students.                         Nicole Black on
                                                                                                   Tickets are $50 (cash bar and hors               Sabaugh believes this special court session will hold great educa-
         Crossword ...................................4                                        d’oeuvres) and can be purchased in                tional value to Lincoln Middle School students.                                              police, social media
                                                                          Andrea J.
         Legal Notices ...............................5                    Bradley
                                                                                               advance by calling Palencia Mobley at                “Middle school students are already facing heavy peer pressure to                                      Page 3
                                                                                               (313) 605-6554 or De’Rone Buffington at           abuse drugs and alcohol. It’s never too early to educate students about
         Mortgages ...................................4                                        (313) 622-8291. Tickets may also be pur-          the dangers of violence and drug and alcohol use. When the students
         Ordinances ..................................5            chased at the door. More information can be found about the campaign          see the consequences, they can learn from mistakes of others and make         I The Firm
                                                                   by    visiting      www.facebook.com/bradley4judge                     or     better decisions in their own lives,” said Sabaugh. “I would much rather
                                                                   www.bradley4judge.com.                                                        come to the school and speak to these students about the dangers of
                                                                                                                                                                                                                               Law firms are at high
                                                                      Bradley is currently an administrative law judge for the State of          criminal behavior then to have them appear before me on a criminal            risk of embezzlement
                                                                   Michigan and is a former associate of Honigman Miller Schwartz and            matter.” Sabaugh said the docket will include several criminal cases
                                                                   Cohn, LLP and Dykema Gossett, PLLC.                                           scheduled for sentencing.                                                                         Page 27
DLN Front Apr11-3     4/10/12    2:00 PM      Page 3




                                                                                                                       WEDNESDAY, APRIL 11, 2012                                                                                               The Detroit Legal News, Page 3


                                     Law Life
                      NICOLE BLACK, THE DAILY RECORD NEWSWIRE
                                                                                      In the Courts                                                                                                                                                                      Submit news & views to
                                                                                                                                                                                                                                                                           bcox@legalnews.com


               Are police unlawfully                                                  WASHINGTON
              accessing social media                                                  Obama setting up Supreme Court as a campaign issue
                    accounts?                                                                                                                                                             the central provision, a requirement for indi-                    “People said he was threatening the court.
           It’s undeniable: social media
       use has permeated our culture.
                                              be condemned when they tram-
                                              mel on the rights of those in cus-
                                                                                      Democratic strategy is to paint                                                                     vidual health insurance. Justice Antonin
                                                                                                                                                                                          Scalia, for one, appeared strongly in favor of
                                                                                                                                                                                                                                                            You can’t threaten the Supreme Court.”
                                                                                                                                                                                                                                                                It wasn’t the first time Obama criticized
       People are sharing information
       about all aspects of their lives via
       social networking sites. Some of
                                              tody ... it may take a discerning
                                              eye to tell those that are funda-
                                              mentally unfair from those which
                                                                                      the high court as extreme                                                                           striking down the entire law. A decision is
                                                                                                                                                                                          expected by July.
                                                                                                                                                                                              Senate Republican Leader Mitch
                                                                                                                                                                                                                                                            the court. He blasted the court’s then-fresh
                                                                                                                                                                                                                                                            campaign finance ruling in his 2010 State of
                                                                                                                                                                                                                                                            the Union address.
       these disclosures are broadcast        are no more than permissible            BY ANNE GEARAN                                        This can be dangerous ground, as Obama        McConnell had his say on presidents and the                           “The Supreme Court reversed a century
       publicly while others are limited      instances in which the police           Associated Press                                  discovered. Since Franklin Delano Roosevelt       Supreme Court.                                                    of law to open the floodgates for special
       to select friends and followers.       have played the role of ‘midwife                                                          in the 1930s, few presidents have assailed            “The president did something that as far                      interests, including foreign corporations, to
           This broad scale sharing of        to a declaration naturally born of          WASHINGTON (AP) — President                   the Supreme Court directly. In Obama’s case,      as I know is completely unprecedented. He                         spend without limit in our elections,” Obama
       information has not gone unno-         remorse, or relief, or desperation,     Barack Obama is laying groundwork to              he issued an indirect challenge, but the for-     not only tried to publicly pressure the court                     said then.
       ticed by the legal profession. In      or calculation’ ... In this case, the   make the majority-conservative U.S.               mer constitutional law professor tripped over     into deciding a pending case in the way he                            That earned an on-the-spot rebuttal from
       past columns I’ve discussed the        coerciveness argument derives           Supreme Court a campaign issue this fall,         the details.                                      wants it decided; he also questioned its very                     conservative Justice Samuel Alito. Alito, sit-
       recent efforts of lawyers to mine      from the subsidiary claims that         taking a political page from Republicans              Obama told a news conference on Mon-          authority under the Constitution,”                                ting in the front row, was seen to mouth,
       social media for evidence, result-     defendant was misinformed as to         who have long railed against liberal judges       day that he was “confident that the Supreme       McConnell said.                                                   “Not true.”
       ing in a number of ethics opin-        the purpose of the voice stress         who don’t vote their way.                         Court will not take what would be an                  The constitutional issue aside, Obama                             Democrats and many constitutional
       ions that attempt to provide guid-     test ... (But) there was no misrep-         The emerging Democratic strategy to           unprecedented, extraordinary step of over-        made clear that the thrust of his argument is                     scholars also were appalled by the court’s
       ance and establish ethical bound-      resentation made that the test          paint the court as extreme was little noted in    turning a law that was passed by a strong         political. He ticked off popular elements of                      actions in 2000, when it took on the disputed
       aries for lawyers as they wade         results could be admissible in a        last week’s hubbub over Obama’s assertion         majority of a democratically elected Con-         the law that are already in force, and said the                   presidential election and effectively called
       into the electronic minefield of       trial against him. Rather, the test     that overturning his health care law would be     gress.”                                           consequences of losing those protections                          the race for Republican George W. Bush.
       social media.                          was used simply as an investiga-        “unprecedented.”                                      The Supreme Court sometimes does              would be grave for young people and the                           Justice John Paul Stevens, a lifelong Repub-
           But, as an attendee asked          tory tool ... Lieutenant Gaul               His statement was not completely accu-        overturn laws passed by Congress. Obama           elderly, in particular.                                           lican appointed by President Gerald Ford,
       when I recently spoke at a semi-       explained in advance what the           rate, and the White House backtracked. But        later clarified that he was referring to a nar-       “I’d just remind conservative commenta-                       warned in a bitter dissent that the court
       nar sponsored by the Monroe            signs of stress would be and            Obama was making a political case, not a          row class of constitutional law, but even then    tors that for years what we’ve heard is, ‘The                     risked undermining its own authority by
       County Public Defender’s Office,       examined the stress chart in            legal one, and he appears ready to keep mak-      Republicans and some court scholars took          biggest problem on the bench was judicial                         appearing nakedly political.
       what about law enforcement?            defendant’s presence.”                  ing it if the high court’s five-member majori-    issue. What’s not in question is that the law     activism or a lack of judicial restraint,’ —                          The current back and forth turns a stan-
       How far can police officers go             In other words, the court in        ty strikes down or cuts the heart out of his      was not approved by a strong majority; the        that an unelected group of people would                           dard Republican campaign rallying cry on its
       when seeking to obtain access to       Tarsia was focused on the use of        signature policy initiative.                      vote was a slim 219 to 212 in the House of        somehow overturn a duly constituted and                           head. During the past three decades, Repub-
       social media evidence in order to      coercion to induce a confession             The court also is likely to consider sever-   Representatives.                                  passed law,” Obama said. “Well, this is a                         licans have increasingly criticized judges as
       prove the guilt of an accused?         of guilt. The defendant under-          al other issues before the November election          A Republican-appointed federal judge          good example. And I’m pretty confident that                       liberal and unaccountable, charging “judicial
           I thought it was a great ques-     stood that the off icers were           that could stir Obama’s core Democratic           took umbrage at the suggestion that federal       this court will recognize that and not take                       activism” has infected the court system.
       tion and suggested that it was an      attempting to get him to admit to       supporters and draw crucial independent           courts might be powerless to overturn such        that step.”                                                           The Supreme Court was a regular target,
       issue that the courts would            a crime. He knew why he was             voters as well. Among those are immigra-          laws and ordered the Justice Department to            Obama narrowed and clarified his origi-                       even during the tenure of conservative Chief
       increasingly have to wrestle with      being asked to consent to the           tion, voting rights and a revisit of a cam-       provide written assurance. He insisted the        nal statement under questioning at the annu-                      Justice William H. Rehnquist.
       as law enforcement stampeded           voice stress test.                      paign finance ruling that Obama already has       response be at least three pages, single-         al meeting of The Associated Press. His                               The court has had a conservative majority
       into uncharted social media terri-         However, in Munck, the law          criticized as an outrage.                         spaced.                                           spokesman spent the next two days explain-                        for more than a decade. But while the court
       tory.                                  enforcement tactics used were far           “We haven’t seen the end of this,” said           Attorney General Eric Holder took on          ing and defending both statements on both                         was far from a rubber stamp for Bush, it
           And, an example of just such a     more deceptive. This becomes            longtime Supreme Court practitioner Tom           that task himself, telling the judge that “the    legal and political grounds.                                      took the election of Democrat Obama to
       decision arrived a few weeks           obvious when, as I always sug-          Goldstein, who teaches at Stanford and Har-       longstanding, historical position of the Unit-        As a former law professor, “the president                     draw a sharp contrast between the court and
       later. I received an email from        gest should be done when dealing        vard universities. “The administration seems      ed States regarding judicial review of the        understands judicial precedent. He has a lit-                     the executive.
       one of the attendees, well-known       with the online world, the situa-       to be positioning itself to be able to run        constitutionality of federal legislation has      tle experience with it, and the importance of                         Both Democrats and Republicans are
       Rochester criminal defense attor-      tion is compared to a similar           against the Supreme Court if it needs to or       not changed.”                                     judicial review,” White House press secre-                        being disingenuous by using the court as a
       ney and prolif ic author, Gary         offline analogy. Here, the officer      wants to.”                                            He also took the opportunity to cite          tary Jay Carney said Thursday.                                    political instrument, said Orin Kerr, a promi-
       Muldoon and he advised me of a         feigned an interest in Web design           While Obama has predicted victory in the      Supreme Court case law supporting the                 University of Texas Law School professor                      nent conservative Supreme Court expert.
       recent case on point, People v.        in order to obtain access to            health care case now before the court, his        premise that laws passed by Congress are          and Supreme Court scholar Lucas Powe said                             “Judicial activism is a two-way street, and
       Munck, 92 A.D.3d 63, 937               Munck’s MySpace information.            administration could blame overreach by           “presumptively constitutional.”                   Obama’s original statement suggests he                            when the politics switch most people reverse
       N.Y.S.2d 334 (3d Dept. 2011).          Thus, the tactics used were akin        Republican-appointed justices if the law              The Supreme Court heard a rare three          probably knows the law is in trouble and is                       arguments,” said Kerr, a professor at George
           One issue addressed by the         an officer claiming expertise as a      were to be rejected, said Goldstein, who          days of argument on the 2010 health care          seeking political high ground.                                    Washington University School of Law. “Lib-
       court in Munck was whether, dur-       book editor and then asking the         wrote a brief supporting the law’s constitu-      overhaul last week, and the court’s conserva-         “My instinct is that he was laying predi-                     erals are sounding like conservatives and
       ing a police interrogation, police     defendant to disclose the location      tionality.                                        tive majority appeared deeply skeptical of        cate for a campaign statement,” Powe said.                        conservatives are sounding like liberals.”
       had unlawfully obtained access to      of his diary so that the officer
       the defendant’s MySpace                could review it for purposes of
       account. The court briefly
       addressed the issue, holding that
       the officer’s conduct was lawful,
                                              submitting it as a memoir to a
                                              book publisher.
                                                  The reason the officer request-
                                                                                                                                                               Court Roundup
                                                                                                                              suit that the test is biased against    Bertrand $231,000 in defamation         the lawsuit was f iled by Natia                              assisted-living facility in Billings
       and cited a New York Court of
       Appeals decision as the basis for
                                              ed access to Munck’s MyCase
                                              password was anything but forth-
                                                                                      OREGON                                  men.                                    damages. Bertrand filed the law-        Austin, of Lorain Ohio, whose                                has won a $34.2 million judgment
       its holding:                           right. The convoluted tactics used      Firefighter settles                        Jay Bauer’s lawsuit says he met      suit in October 2010 against his        father died on Sept. 9. Beaver Falls                         against her Omaha, Neb.-based
           “While defendant received          were “fundamentally unfair” and                                                 other requirements to become a          Democratic opponent, Rick               police say the funeral home’s new                            insurance company for suspending
       oral Miranda warnings, which he        “trammeled” on Munck’s rights.          lawsuit with city                       special agent. But Bauer could per-     Mullin, and the Iowa Democratic         owners found the man’s body in                               payments for her dementia care.
                                                                                                                              form only 29 out of 30 untimed                                                                                                                  Arlene Hull and her daughter
       agreed to waive, that interview
       was voluntary and noncustodial,
                                                  Just because the Internet is
                                              still viewed as the “Wild West”
                                                                                      for $285,000                            pushups. The lawsuit says that
                                                                                                                                                                      Party. Bertrand said he was
                                                                                                                                                                      defamed by a campaign ad that
                                                                                                                                                                                                              December, a day after buying the
                                                                                                                                                                                                                                                                           sued Ability Insurance Co. in 2010
                                                                                                                                                                                                              Leavell Funeral Home at an auc-
       no violation of his rights             doesn’t mean law enforcement                EUGENE, Ore. (AP) — A fire-         meant he was forced to resign from      said Bertrand “put profits ahead of     tion to satisfy back taxes.                                  after the company ended her assist-
       occurred and he was allowed to         officers can ignore the Constitu-       fighter who says she was discrimi-      special agent training.                 children’s health.”                        Funeral director George Wise                              ed-living benef its. Ability said
       leave. Toward the end of the           tion and run willy nilly over the       nated against when she returned to         The Chicago Tribune reports             The court rejected a motion to                                                                    Hull no longer qualified after a
                                                                                                                                                                                                              has previously claimed 53-year-old
       questioning, when Akshar               rights of the accused. Unfortu-         work with a heart pacemaker has         that Bauer’s lawsuit was filed last     let the jury award punitive dam-                                                                     review found she didn’t require
                                                                                                                                                                                                              Roland Brown’s family members
       feigned interest in MySpace Web        nately, I think Munck sets that         settled a lawsuit against the city of   week in Chicago.                        ages.                                                                                                “substantial supervision.”
                                                                                      Eugene for $285,000.                                                                                                    in Ohio asked him to keep the
       page designs, defendant voluntar-      precedent. My hope is that over                                                    An FBI spokeswoman told the             Bertrand said Monday the jury                                                                        Hull’s attorney, Mike Abourezk,
                                                                                          Carolyn McCann says the city                                                                                        body while they came up with the
       ily provided his username and          time, as Internet-based tools                                                   newspaper that the agency doesn’t       should have had a say in whether                                                                     says the company misinterpreted
                                                                                      tried to force her to quit after an                                                                                     money for his cremation. But
       password to his accounts and ver-      become more familiar, a new                                                     usually comment on pending litiga-      he deserved additional money. He                                                                     the policy and misapplied the
                                                                                      18-month absence following an                                                                                           Austin’s suit contends Wise was                              rules.
       bally agreed to let Akshar access      sheriff will come into town (in                                                 tion.                                   wants his court victory to send a
                                                                                      off-duty incident in 2007 when her         Bauer, a Mount Prospect resi-                                                trying to get veterans’ benefits to                             The Billings Gazette reports the
       them. In our view, contrary to         the form of a decision from                                                                                             message that will “stop the politi-
                                                                                      heart stopped. She had been             dent, has disputed the FBI decision                                             pay for funeral services that were                           benefits were restored last year,
       defendant’s claim, Akshar did not      another Judicial Department or                                                                                          cal machines from doing this again
                                                                                      cleared by her cardiologist to          through the administrative courts.                                              never performed.                                             but the company refused to pay for
       use impermissible or fundamen-         the Court of Appeals) and will set                                                                                      to other people.”
       tally unfair or deceptive tactics to   the record straight.                    return to work.                            His attorneys say a female                                                                                                                the time coverage was denied.
       gain access to these accounts                      —————                           The Register-Guard reports          trainee who scored poorly in            CALIFORNIA                              MONTANA                                                         The jury awarded Hull
                                                                                      $50,000 goes to McCann for emo-
       (see People v. Tarsia, 50 N.Y.2d           Nicole Black is VP at MyCa-
                                                                                      tional distress; the rest goes to
                                                                                                                              firearms proficiency was given
                                                                                                                              another shot at the fitness test, but   San Fran attorney:                      Woman awarded                                                $250,000 for breach of contract;
                                                                                                                                                                                                                                                                           $2 million for violation of Mon-
       1, 11, 427 N.Y.S.2d 944, 405           seInc.com, a cloud-based law
       N.E.2d 188 [1980] ).”                  practice management platform.           attorney fees.                          Bauer wasn’t.
                                                                                                                                                                      Mayor had right to                      $34 million in                                               tana’s Unfair Trade Practices law;
           Tarsia is a case that delves in    She is also of counsel to Fian-             Fire Chief Randy Groves says                                                                                                                                                     and $32 million in punitive dam-
       depth into the issue of coercion       dach & Fiandach in Rochester            McCann’s back-to-work process           IOWA                                    suspend sheriff                         insurance lawsuit                                            ages.
                                                                                      was reasonable. He says the deci-                                                                                                                                                       Ability attorney Paul Collins
       during police questioning.
       Specifically, the court was tasked
                                              and is a GigaOM Pro analyst.
                                              She is the author of the ABA book       sion to settle was made by a city       State lawmaker                              SAN FRANCISCO (AP) —                   BILLINGS, Mont. (AP) — A
                                                                                                                                                                                                              90-year-old woman residing in an                             declined comment.
                                                                                                                                                                      San Francisco’s city attorney says
       with determining whether Tarsia’s      Cloud Computing for Lawyers,            insurance carrier.                      seeks punitive                          the mayor had the right to suspend
       consent to allow the police to use     co-authors the ABA book Social
       a voice stress test during his         Media for Lawyers: the Next             ILLINOIS                                damages, too                            the sheriff after the law enforce-
                                                                                                                                                                      ment official pleaded guilty in a
       interrogation was the product of
       coercion.
                                              Frontier, and co-authors Crimi-
                                              nal Law in New York, a West-
                                                                                      Lawsuit: He failed                          SIOUX CITY, Iowa (AP) —
                                                                                                                              State Sen. Rick Bertrand has asked
                                                                                                                                                                      domestic violence case involving                                                        Founded 1895
                                                                                                                                                                      his Venezuelan actress wife.
           In reaching its decision, the      Thomson treatise. She speaks            FBI fitness test                        a court to allow punitive damages
                                                                                                                                                                          Sheriff Ross Mirkarimi has
                                                                                                                                                                                                                         Suzanne Favale
                                                                                                                                                                                                                           Publisher
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       Court of Appeals examined the          regularly at conferences regard-                                                in the slander lawsuit he won.
       essence of coercion:                   ing the intersection of law and         by one pushup                               The Sioux City Journal says the
                                                                                                                                                                      filed a lawsuit against the city to             sfavale@legalnews.com

                                                                                                                                                                                                                           Paul Arlon
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           “However, while more subtle        technology. She publishes three                                                                                         get his job back after he was sus-
                                                                                         CHICAGO (AP) — An FBI                Sioux City Republican filed the                                                           Advertising Sales                           Staff Writer                  Staff Writer
       methods, though sometimes              legal blogs and can be reached at                                                                                       pended following his guilty plea.              pgrabke@legalnews.com                 sthorpe@legalnews.com             cmobley@legalnews.com
                                                                                      analyst who failed a fitness test by    court paperwork on Monday.
       harder to perceive, are equally to     niki@mycaseinc.com.                                                                                                         He says he shouldn’t have been                 Deborah James                          Ban Ibrahim                        Ann Gjolaj
                                                                                      one pushup claims in a federal law-         On Friday, a jury awarded
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       ‘Business Divorce’ class may be only one of its type around                                                                                                    day, saying that if Mirkarimi were
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       From Page 1                             ing people make the best of what           “And yes, of course, I’m            increasing, tax consequences are
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          After involvement in many            tion no matter which side I’m          understand taxes, you must              times misunderstood.                        Mirkarimi was accused of                                    Detroit Legal News, 2001 W. Lafayette, Detroit, MI 48216
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       business owners, Sar tori put               His diversif ied transactional     maximize wealth. I’ve yet to see                                                bruising Eliana Lopez’s arm on
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                                                                                                                              Sartori — born in Detroit, raised
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DETROITLEGALNEWS

  • 1. DLN Front Apr11-3 4/10/12 1:59 PM Page 1 News you cannot get anywhere else. www.legalnews.com Vol. CXVII, No. 73 Wednesday, April 11, 2012 75 Cents ABA to honor PROFILE Parade Rest State Bar with IN BRIEF Grassroots Advocacy Award BY SHEILA PURSGLOVE Legal News Lee Alan Sartori The State Bar of Michigan will receive the American Bar Association Grassroots Advoca- Consulting Business cy Award for its outstanding efforts to increase funding for the Legal Services Corporation, Lee Alan Sartori which helps provide legal aid for low-income learned business Americans. The award will be presented on skills at a young age April 18 during a reception at the United around the kitchen States Supreme Court. table, from parents With 63 million Americans — including 22 who started and million children — qualifying for assistance, operated a successful LSC is the nation’s single largest provider of small business and civil legal aid to citizens who live on incomes managed several real below or near the poverty line. Independent estate investments LSC-funded local programs, such as Legal with little capital but Services of Eastern Michigan, help meet the lots of headaches. overwhelming legal needs of struggling fami- An attorney with lies, veterans, disaster victims and the elderly, Howard & Howard Photo by John Meiu among others, in every state. In 2010, LSC- Lee Alan in metro Detroit and Members of the Hellenic Bar Association took part in the Greek Independence Day Parade on Sunday, March 25. Happy funded aid providers in Michigan closed near- Sartori an adjunct law pro- to march down the streets of Detroit on a sunny afternoon were (l-r) Christina Panagoulia Triantafillopoulos, Natalie ly 27,315 cases including child custody mat- fessor at Michigan Zummer, Rep. Robert J. Constan, Hellenic Bar President Lana Panagoulia, Wayne County 28th District Court Judge James ters, foreclosures and veterans claims. State University College of Law and Walsh Col- Kandrevas, Wayne County Circuit Court Judge Eric Cholack, Wayne County 35th District Court Judge James Plakas, Last year, the State Bar of Michigan played lege, Sartori ran a small business in his later high Basil Simon of Simon, Stella, & Zingas PC; and Nick Soulas. an exemplary role in advancing access to jus- school and early college years. When budding tice by successfully advocating for adequate entrepreneurs sought his advice, he discovered funding for LSC during the congressional bud- his passion for talking to people about business. get allocation for fiscal year 2012. The State Pipeline to Power He also was impressed with the depth of busi- Bar of Michigan advocated for LSC funding ness knowledge shown by his CPA and attorneys. through an ongoing grassroots legislative “Those experiences and interactions morphed advocacy campaign that included urging con- into the idea of becoming a ‘business consul- gressional members on the Joint Select Com- tant’— whatever that may mean,” Sartori says. “I mittee on Def icit Reduction to push for actually sat down in a public library and researched a list of credentials I believed were Symposium explores gender equality in the legal profession increased LSC funding. The State Bar of Michigan worked to pre- necessary to realize that goal and then set about Annoyance and concern over the portrayal on gender.” tus, family life, and motherhood. The research vent a potentially devastating $104.2 million For those unable to attend, (25.7 percent) proposed cut to the LSC budget working on the list. of a woman nominated to the U.S. Supreme Brenner culminated in an article for the Temple Law Law Professor Bridget of $404.2 million in fiscal year 2010. While “After a few years I realized that certain Court prompted two law scholars to examine and Knake’s Review, which was really the impetus for creat- Crawford will live-blog the House of Representatives proposed fund- knowledge related to some credentials I was the question of “how formidable are the barri- study sug- ing this symposium.” the event at ing LSC at $300 million, the Senate favored an obtaining by experience and via other credentials ers women face when climbing the steps to real gested that a The event is presented by the Michigan www.thefacultylounge.org . allocation of $396 million. Ultimately, funding I’d already obtained, and frankly, that I may not power in the legal profession?” big part of the State Law Review and Michigan State Univer- live long enough to finish the list.” They concluded that the answer was “pretty problem is the sity College of Law’s Frank J. Kelley Institute was set at $348 million, thanks in large part to Focusing instead on major areas of knowl- formidable.” continued distorted views on women that are of Ethics and the Legal Profession and brings efforts such as the State Bar of Michigan’s. edge, Sartori earned a bachelor’s degree in That study eventually led to a major sympo- perpetuated, at least in part, by media represen- together experts from the fields of law, gender “The State Bar of Michigan is honored to accounting and an MBA from Oakland Universi- sium. tations. studies, political science and journalism. It will be named a 2012 recipient of the ABA Grass- ty, a master’s degree in taxation from Walsh Col- More women enter the law profes- be held at the Westin Book Cadillac roots Advocacy Award. We have a committed lege, and his juris doctorate summa cum laude sion every day, but the “glass ceiling” Hotel in downtown Detroit on Thurs- staff that works very hard to advance the bar’s from MSU College of Law mainly at night while that keeps them from achieving suc- day, April 12, and Friday, April 13. interests on the legislative front, and we value working during the day. cess comparable to their male coun- Topics will include Gender, Race our relationship with the ABA when opportu- “I really don’t view myself as an attorney, CPA, business person, or instructor — I simply view myself as a business consultant that hap- terparts is the subject of the sympo- sium “Gender and the Legal Profes- sion’s Pipeline to Power.” “ Our hope in creating this project and the Judiciary; Gender Equality: From the Boardroom to the Elec- torate; Rethinking Our Understanding nities arise to work together on issues of mutu- al interest,” said State Bar of Michigan Presi- dent Julie Fershtman. pens to be practicing in a law firm and perhaps Despite increasing numbers of of Gender Inequity; and Bringing it “The State Bar of Michigan has been at the women attorneys and law students, was that it would Closer to Home: The Pipeline to front, leading on a variety of issues, including an adjunct professor to some very fine colleges who ask me to speak when they believe I’ve leadership roles continue to be elu- give us a better Power for Women Lawyers in Michi- the effort to preserve funding for legal ser- something beneficial to say.” sive for women in the profession. gan. vices. Their immense contributions on behalf Academics and experience go hand-in-hand, They comprise only 6 percent of understanding of Working with those scholars was a of Michigan lawyers have strengthened our and one without the other is only one-half of an managing partners in law firms and what’s happening learning experience even for Brenner system of justice,” said ABA President Wm. T. education, he says. He mixes a lot of real world hold less than 15 percent of equity and Knake. (Bill) Robinson III. experiences into classes so his students not only get the flavor of real life, but also can use their knowledge immediately on the job. partnerships in those firms. Only 20 percent of general counsels for For- tune 500 companies and 20 percent ‘on the ground. ’ ” — Hannah “Our hope in creating this project was that it would give us a better understanding of what’s happening The State Bar of Michigan will receive one of the five ABA Grassroots Advocacy Awards that will be given as part of the ABA’s annual The “light bulb” going off over students’ of law school deans are women. ‘on the ground,’” she said. “In doing effort to connect policymakers with con- heads is gratifying, as is the opportunity to affect “Prof. Renee Newman Knake and Brenner this research, we learned about the stituents in the legal profession. ABA Day their lives in a positive way, according to Sartori. I engaged in a research project about extraordinary work of so many schol- 2012 brings distinguished lawyers from 50 “Anyone who is sincerely into teaching can the time Elena Kagan was being con- ars across the country who are contin- states to Washington, D.C., to discuss issues attest to the electricity in the air when knowledge sidered for the U.S. Supreme Court,” uing to advance this conversation such as funding for the Legal Services Corpo- is gained and, if they’re honest, their sheer enjoy- says Hannah Brenner, a law lecturer at Michi- “We went back to Justices Rehnquist and about gender equality in the legal profession.” ration, the Violence Against Women Act, and ment in participating in that experience,” he says. gan State University College of Law. “We Powell in the 1970s up to the nomination of Linda Greenhouse will deliver the keynote the collection of overdue state court-ordered “I’d like to think that if I’m teaching, or ‘selling’ exchanged e-mails expressing our concern Elena Kagan,” Brenner said. “Our research lecture at 6 p.m. on Thursday, April 12. fees. something, it’s really inspiration, confidence, and about some of the ways that Kagan was being looked at a number of factors and we evaluated Greenhouse was a journalist and covered the Other recipients of 2012 ABA Grassroots problem solving and that the subject matter is portrayed in the media. She was being ques- every article on the nominations in the New U.S. Supreme Court for the New York Times Advocacy Awards include George Cauthen, only the means of conveying those items. No tioned about her marital status, motherhood York Times and the Washington Post from the from 1978 to 2008. She is now Senior Nelson Mullins et al; L. Jonathan Ross, Prim- matter what the subject matter is, I believe one of and her appearance. We decided to conduct an date they were mentioned as a potential nomi- Research Scholar in Law, Knight Distinguished mer Piper Eggleston & Cramer PC; the the main purposes of academics should be to empirical study on how nominees to the nee until the day they were confirmed. We Journalist in Residence and Joseph Goldstein Supreme Court of Texas; and Betty Balli Tor- solve peoples’ problems.” Supreme Court had been portrayed depending looked at mentions of appearance, parental sta- See POWER, Page 2 res, Texas Access to Justice Foundation. After 25 years of practice and 11 years of teaching, the teacher is still a student, learning every day from pretty much everyone he encoun- ters. “Fortunately, I’ve been blessed to work with a number of extraordinary, knowledgeable, and DAILY BRIEFS Official Newspaper: • City of Detroit ethical senior attorneys and business persons Bradley announces candidacy Judge Matthew Sabaugh to hold • Wayne Circuit Court over the years from whom I’ve not only learned a lot about business but about life in general — I’ll for seat on 36th District Court court at Lincoln Middle School • U.S. District Court do my best to pass along the gifts they’ve shared • U.S. Bankruptcy Court with me,” Sartori says. Andrea J. Bradley has announced her 37th District Court Judge Matthew P. Sabaugh will preside over a candidacy for judge for the 36th Judicial special court session at Lincoln Middle School in Warren on Friday, See PROFILE, Page 3 District Court in Detroit. April 13 at 9 a.m. The 37th District Court has received approval from “I am running because Detroit is in tran- the State Court Administrator’s office to hear cases off-site at local I Taking Stock sition and now is the time for strong lead- schools. Sabaugh began holding court in schools as part of his mission Malcolm Berko INSIDE DLN ers to step up and serve our community. We need judges that have the strength of char- to create public awareness of the court system. “Court in School” has proved to be a great success at local high schools and Sabaugh has on TIAA-CREF acter to impart equal justice, for every per- expanded it to include middle schools in the district. Business News .............................2 son, every day.” “The response from the middle school students has been tremen- Page 2 A Campaign Kickoff and Fundraiser to dous. The students have many questions and they get an eye-opening Calendar ...................................28 City Request for Bids .....................5 elect Andrea J. Bradley to 36h District Court will be held on Thursday at Cutters experience about our legal system,” said Sabaugh. In addition, Sabaugh has invited a representative of the Macomb I Law Life Classified Ads ..............................4 Bar and Grill from 5:30-8 p.m. County Juvenile Court Probation Department to speak to the students. Nicole Black on Tickets are $50 (cash bar and hors Sabaugh believes this special court session will hold great educa- Crossword ...................................4 d’oeuvres) and can be purchased in tional value to Lincoln Middle School students. police, social media Andrea J. Legal Notices ...............................5 Bradley advance by calling Palencia Mobley at “Middle school students are already facing heavy peer pressure to Page 3 (313) 605-6554 or De’Rone Buffington at abuse drugs and alcohol. It’s never too early to educate students about Mortgages ...................................4 (313) 622-8291. Tickets may also be pur- the dangers of violence and drug and alcohol use. When the students Ordinances ..................................5 chased at the door. More information can be found about the campaign see the consequences, they can learn from mistakes of others and make I The Firm by visiting www.facebook.com/bradley4judge or better decisions in their own lives,” said Sabaugh. “I would much rather www.bradley4judge.com. come to the school and speak to these students about the dangers of Law firms are at high Bradley is currently an administrative law judge for the State of criminal behavior then to have them appear before me on a criminal risk of embezzlement Michigan and is a former associate of Honigman Miller Schwartz and matter.” Sabaugh said the docket will include several criminal cases Cohn, LLP and Dykema Gossett, PLLC. scheduled for sentencing. Page 27
  • 2. DLN Front Apr11-3 4/10/12 2:00 PM Page 3 WEDNESDAY, APRIL 11, 2012 The Detroit Legal News, Page 3 Law Life NICOLE BLACK, THE DAILY RECORD NEWSWIRE In the Courts Submit news & views to bcox@legalnews.com Are police unlawfully WASHINGTON accessing social media Obama setting up Supreme Court as a campaign issue accounts? the central provision, a requirement for indi- “People said he was threatening the court. It’s undeniable: social media use has permeated our culture. be condemned when they tram- mel on the rights of those in cus- Democratic strategy is to paint vidual health insurance. Justice Antonin Scalia, for one, appeared strongly in favor of You can’t threaten the Supreme Court.” It wasn’t the first time Obama criticized People are sharing information about all aspects of their lives via social networking sites. Some of tody ... it may take a discerning eye to tell those that are funda- mentally unfair from those which the high court as extreme striking down the entire law. A decision is expected by July. Senate Republican Leader Mitch the court. He blasted the court’s then-fresh campaign finance ruling in his 2010 State of the Union address. these disclosures are broadcast are no more than permissible BY ANNE GEARAN This can be dangerous ground, as Obama McConnell had his say on presidents and the “The Supreme Court reversed a century publicly while others are limited instances in which the police Associated Press discovered. Since Franklin Delano Roosevelt Supreme Court. of law to open the floodgates for special to select friends and followers. have played the role of ‘midwife in the 1930s, few presidents have assailed “The president did something that as far interests, including foreign corporations, to This broad scale sharing of to a declaration naturally born of WASHINGTON (AP) — President the Supreme Court directly. In Obama’s case, as I know is completely unprecedented. He spend without limit in our elections,” Obama information has not gone unno- remorse, or relief, or desperation, Barack Obama is laying groundwork to he issued an indirect challenge, but the for- not only tried to publicly pressure the court said then. ticed by the legal profession. In or calculation’ ... In this case, the make the majority-conservative U.S. mer constitutional law professor tripped over into deciding a pending case in the way he That earned an on-the-spot rebuttal from past columns I’ve discussed the coerciveness argument derives Supreme Court a campaign issue this fall, the details. wants it decided; he also questioned its very conservative Justice Samuel Alito. Alito, sit- recent efforts of lawyers to mine from the subsidiary claims that taking a political page from Republicans Obama told a news conference on Mon- authority under the Constitution,” ting in the front row, was seen to mouth, social media for evidence, result- defendant was misinformed as to who have long railed against liberal judges day that he was “confident that the Supreme McConnell said. “Not true.” ing in a number of ethics opin- the purpose of the voice stress who don’t vote their way. Court will not take what would be an The constitutional issue aside, Obama Democrats and many constitutional ions that attempt to provide guid- test ... (But) there was no misrep- The emerging Democratic strategy to unprecedented, extraordinary step of over- made clear that the thrust of his argument is scholars also were appalled by the court’s ance and establish ethical bound- resentation made that the test paint the court as extreme was little noted in turning a law that was passed by a strong political. He ticked off popular elements of actions in 2000, when it took on the disputed aries for lawyers as they wade results could be admissible in a last week’s hubbub over Obama’s assertion majority of a democratically elected Con- the law that are already in force, and said the presidential election and effectively called into the electronic minefield of trial against him. Rather, the test that overturning his health care law would be gress.” consequences of losing those protections the race for Republican George W. Bush. social media. was used simply as an investiga- “unprecedented.” The Supreme Court sometimes does would be grave for young people and the Justice John Paul Stevens, a lifelong Repub- But, as an attendee asked tory tool ... Lieutenant Gaul His statement was not completely accu- overturn laws passed by Congress. Obama elderly, in particular. lican appointed by President Gerald Ford, when I recently spoke at a semi- explained in advance what the rate, and the White House backtracked. But later clarified that he was referring to a nar- “I’d just remind conservative commenta- warned in a bitter dissent that the court nar sponsored by the Monroe signs of stress would be and Obama was making a political case, not a row class of constitutional law, but even then tors that for years what we’ve heard is, ‘The risked undermining its own authority by County Public Defender’s Office, examined the stress chart in legal one, and he appears ready to keep mak- Republicans and some court scholars took biggest problem on the bench was judicial appearing nakedly political. what about law enforcement? defendant’s presence.” ing it if the high court’s five-member majori- issue. What’s not in question is that the law activism or a lack of judicial restraint,’ — The current back and forth turns a stan- How far can police officers go In other words, the court in ty strikes down or cuts the heart out of his was not approved by a strong majority; the that an unelected group of people would dard Republican campaign rallying cry on its when seeking to obtain access to Tarsia was focused on the use of signature policy initiative. vote was a slim 219 to 212 in the House of somehow overturn a duly constituted and head. During the past three decades, Repub- social media evidence in order to coercion to induce a confession The court also is likely to consider sever- Representatives. passed law,” Obama said. “Well, this is a licans have increasingly criticized judges as prove the guilt of an accused? of guilt. The defendant under- al other issues before the November election A Republican-appointed federal judge good example. And I’m pretty confident that liberal and unaccountable, charging “judicial I thought it was a great ques- stood that the off icers were that could stir Obama’s core Democratic took umbrage at the suggestion that federal this court will recognize that and not take activism” has infected the court system. tion and suggested that it was an attempting to get him to admit to supporters and draw crucial independent courts might be powerless to overturn such that step.” The Supreme Court was a regular target, issue that the courts would a crime. He knew why he was voters as well. Among those are immigra- laws and ordered the Justice Department to Obama narrowed and clarified his origi- even during the tenure of conservative Chief increasingly have to wrestle with being asked to consent to the tion, voting rights and a revisit of a cam- provide written assurance. He insisted the nal statement under questioning at the annu- Justice William H. Rehnquist. as law enforcement stampeded voice stress test. paign finance ruling that Obama already has response be at least three pages, single- al meeting of The Associated Press. His The court has had a conservative majority into uncharted social media terri- However, in Munck, the law criticized as an outrage. spaced. spokesman spent the next two days explain- for more than a decade. But while the court tory. enforcement tactics used were far “We haven’t seen the end of this,” said Attorney General Eric Holder took on ing and defending both statements on both was far from a rubber stamp for Bush, it And, an example of just such a more deceptive. This becomes longtime Supreme Court practitioner Tom that task himself, telling the judge that “the legal and political grounds. took the election of Democrat Obama to decision arrived a few weeks obvious when, as I always sug- Goldstein, who teaches at Stanford and Har- longstanding, historical position of the Unit- As a former law professor, “the president draw a sharp contrast between the court and later. I received an email from gest should be done when dealing vard universities. “The administration seems ed States regarding judicial review of the understands judicial precedent. He has a lit- the executive. one of the attendees, well-known with the online world, the situa- to be positioning itself to be able to run constitutionality of federal legislation has tle experience with it, and the importance of Both Democrats and Republicans are Rochester criminal defense attor- tion is compared to a similar against the Supreme Court if it needs to or not changed.” judicial review,” White House press secre- being disingenuous by using the court as a ney and prolif ic author, Gary offline analogy. Here, the officer wants to.” He also took the opportunity to cite tary Jay Carney said Thursday. political instrument, said Orin Kerr, a promi- Muldoon and he advised me of a feigned an interest in Web design While Obama has predicted victory in the Supreme Court case law supporting the University of Texas Law School professor nent conservative Supreme Court expert. recent case on point, People v. in order to obtain access to health care case now before the court, his premise that laws passed by Congress are and Supreme Court scholar Lucas Powe said “Judicial activism is a two-way street, and Munck, 92 A.D.3d 63, 937 Munck’s MySpace information. administration could blame overreach by “presumptively constitutional.” Obama’s original statement suggests he when the politics switch most people reverse N.Y.S.2d 334 (3d Dept. 2011). Thus, the tactics used were akin Republican-appointed justices if the law The Supreme Court heard a rare three probably knows the law is in trouble and is arguments,” said Kerr, a professor at George One issue addressed by the an officer claiming expertise as a were to be rejected, said Goldstein, who days of argument on the 2010 health care seeking political high ground. Washington University School of Law. “Lib- court in Munck was whether, dur- book editor and then asking the wrote a brief supporting the law’s constitu- overhaul last week, and the court’s conserva- “My instinct is that he was laying predi- erals are sounding like conservatives and ing a police interrogation, police defendant to disclose the location tionality. tive majority appeared deeply skeptical of cate for a campaign statement,” Powe said. conservatives are sounding like liberals.” had unlawfully obtained access to of his diary so that the officer the defendant’s MySpace could review it for purposes of account. The court briefly addressed the issue, holding that the officer’s conduct was lawful, submitting it as a memoir to a book publisher. The reason the officer request- Court Roundup suit that the test is biased against Bertrand $231,000 in defamation the lawsuit was f iled by Natia assisted-living facility in Billings and cited a New York Court of Appeals decision as the basis for ed access to Munck’s MyCase password was anything but forth- OREGON men. damages. Bertrand filed the law- Austin, of Lorain Ohio, whose has won a $34.2 million judgment its holding: right. The convoluted tactics used Firefighter settles Jay Bauer’s lawsuit says he met suit in October 2010 against his father died on Sept. 9. Beaver Falls against her Omaha, Neb.-based “While defendant received were “fundamentally unfair” and other requirements to become a Democratic opponent, Rick police say the funeral home’s new insurance company for suspending oral Miranda warnings, which he “trammeled” on Munck’s rights. lawsuit with city special agent. But Bauer could per- Mullin, and the Iowa Democratic owners found the man’s body in payments for her dementia care. form only 29 out of 30 untimed Arlene Hull and her daughter agreed to waive, that interview was voluntary and noncustodial, Just because the Internet is still viewed as the “Wild West” for $285,000 pushups. The lawsuit says that Party. Bertrand said he was defamed by a campaign ad that December, a day after buying the sued Ability Insurance Co. in 2010 Leavell Funeral Home at an auc- no violation of his rights doesn’t mean law enforcement EUGENE, Ore. (AP) — A fire- meant he was forced to resign from said Bertrand “put profits ahead of tion to satisfy back taxes. after the company ended her assist- occurred and he was allowed to officers can ignore the Constitu- fighter who says she was discrimi- special agent training. children’s health.” Funeral director George Wise ed-living benef its. Ability said leave. Toward the end of the tion and run willy nilly over the nated against when she returned to The Chicago Tribune reports The court rejected a motion to Hull no longer qualified after a has previously claimed 53-year-old questioning, when Akshar rights of the accused. Unfortu- work with a heart pacemaker has that Bauer’s lawsuit was filed last let the jury award punitive dam- review found she didn’t require Roland Brown’s family members feigned interest in MySpace Web nately, I think Munck sets that settled a lawsuit against the city of week in Chicago. ages. “substantial supervision.” Eugene for $285,000. in Ohio asked him to keep the page designs, defendant voluntar- precedent. My hope is that over An FBI spokeswoman told the Bertrand said Monday the jury Hull’s attorney, Mike Abourezk, Carolyn McCann says the city body while they came up with the ily provided his username and time, as Internet-based tools newspaper that the agency doesn’t should have had a say in whether says the company misinterpreted tried to force her to quit after an money for his cremation. But password to his accounts and ver- become more familiar, a new usually comment on pending litiga- he deserved additional money. He the policy and misapplied the 18-month absence following an Austin’s suit contends Wise was rules. bally agreed to let Akshar access sheriff will come into town (in tion. wants his court victory to send a off-duty incident in 2007 when her Bauer, a Mount Prospect resi- trying to get veterans’ benefits to The Billings Gazette reports the them. In our view, contrary to the form of a decision from message that will “stop the politi- heart stopped. She had been dent, has disputed the FBI decision pay for funeral services that were benefits were restored last year, defendant’s claim, Akshar did not another Judicial Department or cal machines from doing this again cleared by her cardiologist to through the administrative courts. never performed. but the company refused to pay for use impermissible or fundamen- the Court of Appeals) and will set to other people.” tally unfair or deceptive tactics to the record straight. return to work. His attorneys say a female the time coverage was denied. gain access to these accounts ————— The Register-Guard reports trainee who scored poorly in CALIFORNIA MONTANA The jury awarded Hull $50,000 goes to McCann for emo- (see People v. Tarsia, 50 N.Y.2d Nicole Black is VP at MyCa- tional distress; the rest goes to firearms proficiency was given another shot at the fitness test, but San Fran attorney: Woman awarded $250,000 for breach of contract; $2 million for violation of Mon- 1, 11, 427 N.Y.S.2d 944, 405 seInc.com, a cloud-based law N.E.2d 188 [1980] ).” practice management platform. attorney fees. Bauer wasn’t. Mayor had right to $34 million in tana’s Unfair Trade Practices law; Tarsia is a case that delves in She is also of counsel to Fian- Fire Chief Randy Groves says and $32 million in punitive dam- depth into the issue of coercion dach & Fiandach in Rochester McCann’s back-to-work process IOWA suspend sheriff insurance lawsuit ages. was reasonable. He says the deci- Ability attorney Paul Collins during police questioning. Specifically, the court was tasked and is a GigaOM Pro analyst. She is the author of the ABA book sion to settle was made by a city State lawmaker SAN FRANCISCO (AP) — BILLINGS, Mont. (AP) — A 90-year-old woman residing in an declined comment. San Francisco’s city attorney says with determining whether Tarsia’s Cloud Computing for Lawyers, insurance carrier. seeks punitive the mayor had the right to suspend consent to allow the police to use co-authors the ABA book Social a voice stress test during his Media for Lawyers: the Next ILLINOIS damages, too the sheriff after the law enforce- ment official pleaded guilty in a interrogation was the product of coercion. Frontier, and co-authors Crimi- nal Law in New York, a West- Lawsuit: He failed SIOUX CITY, Iowa (AP) — State Sen. Rick Bertrand has asked domestic violence case involving Founded 1895 his Venezuelan actress wife. In reaching its decision, the Thomson treatise. She speaks FBI fitness test a court to allow punitive damages Sheriff Ross Mirkarimi has Suzanne Favale Publisher Tom Kirvan Editor in Chief Brian Cox Editor Court of Appeals examined the regularly at conferences regard- in the slander lawsuit he won. essence of coercion: ing the intersection of law and by one pushup The Sioux City Journal says the filed a lawsuit against the city to sfavale@legalnews.com Paul Arlon tkirvan@legalnews.com Steve Thorpe bcox@legalnews.com Christine Mobley “However, while more subtle technology. She publishes three get his job back after he was sus- CHICAGO (AP) — An FBI Sioux City Republican filed the Advertising Sales Staff Writer Staff Writer methods, though sometimes legal blogs and can be reached at pended following his guilty plea. pgrabke@legalnews.com sthorpe@legalnews.com cmobley@legalnews.com analyst who failed a fitness test by court paperwork on Monday. harder to perceive, are equally to niki@mycaseinc.com. He says he shouldn’t have been Deborah James Ban Ibrahim Ann Gjolaj one pushup claims in a federal law- On Friday, a jury awarded suspended since the incident Graphic Designer Circulation Coordinator Production djames@legalnews.com ban@legalnews.com ann@legalnews.com occurred before he was sworn into Suzanne McCartney Dawn Keith Rhonda Williams and Cathy Basala office. PROFILE: Classified Ads Foreclosure Rep. Probate Reps. City Attorney Dennis Herrera advertising@legalnews.com dkeith@legalnews.com rwilliams@legalnews.com, cbasala@legalnews.com disputed that in court papers Mon- The Detroit Legal News Publishing L.L.C. ‘Business Divorce’ class may be only one of its type around day, saying that if Mirkarimi were right, there would be a period of Bradley L. Thompson II President Suzanne Favale Publisher Steve Fowler Treasurer complete immunity for elected bthompson@legalnews.com sfavale@legalnews.com sfowler@legalnews.com From Page 1 ing people make the best of what “And yes, of course, I’m increasing, tax consequences are officials between the time they are generally is always a bad situa- biased,” he admits. “To truly often not obvious and many Published Daily Except Saturday and Sunday by The Detroit Legal News Co. elected and when they take office. After involvement in many tion no matter which side I’m understand taxes, you must times misunderstood. Mirkarimi was accused of Detroit Legal News, 2001 W. Lafayette, Detroit, MI 48216 contentious disputes amongst representing,” he says. understand numbers and how to “Those persons that under- PHONE: (313) 961-3949, or toll-free: 1-800-875-5275. FAX: 248-577-6111 business owners, Sar tori put His diversif ied transactional maximize wealth. I’ve yet to see bruising Eliana Lopez’s arm on stand the tax ramif ications of New Year’s Eve. He pleaded guilty Postmaster: Send address changes to: PERIODICALS POSTAGE PAID together a class in “Business practice lets him work with peo- any transactional work that is not these transactions are undoubt- The Detroit Legal News AT DETROIT, MICHIGAN. Divorce,” that he believes is the ple trying to move their busi- ultimately driven by numbers last month to misdemeanor false 2001 W. Lafayette edly a step ahead,” he says. “I’ve imprisonment. 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Member of Associated Press (AP) planning, under-legal representa- that in mind no matter what size There may be no taxes due or tion, and just plain greed — not client or project I’m working they can be paid later or perhaps and educated in Michigan — is a in Pa. mortuary QUALIFIED under all statutory requirements for the Member: American Court and Commercial Newspapers, Inc. necessarily in that order — and on.” that the item or event is not tax- dyed-in-the-wool Michigander. BEAVER FALLS, Pa. (AP) — publication of public and legal notices including a 100% paid circulation status, existence of over Michigan Press Association tends to use ever y bit of his Transactional attorneys with a able at all. Nevertheless, the “I’ve no intention of leaving An Ohio woman is suing a western two years and Act 246 of 1993 requiring an aver- ASSOCIATED LEGAL PUBLICATIONS age of 25% general and legal news content. knowledge in business, law, tax background make the best question is always there in every- anytime soon,” he says. “I Pennsylvania funeral home where Oakland County Legal News, Macomb County Legal News, Flint-Genesee County Legal News, accounting, taxation, and human transactional attorneys, and uti- thing we do in life — period.” believe the quality of life here is her father’s body was found partial- The reproduction in whole or in part of any item appearing herein for the purpose of sale or republi- Washtenaw County Legal News, Jackson County Legal News, Ingham County Legal News, Grand relations, he says. lizing one minimizes duplication With the business world way too good to go somewhere ly embalmed after the building was cation without permission is expressly prohibited. Rapids Legal News, Muskegon County Legal News. “Good or bad — right or of effort and helps businesses shrinking, and an inflow and out- else and there’s no other place I subject to a sheriff’s sale. The Detroit Legal News is printed on recycled newsprint using soy based ink at the Inland Press in Detroit. wrong — I always feel I’m help- minimize costs, he says. flow of cross-border transactions would rather be.” The Beaver County-Times says