January 2013


Former Arizona Chief Justice Lorna Lockwood

Former Arizona Chief Justice Lorna Lockwood

I’ve written before about how much I enjoy a good book review. And as January is about to close, I point to another great review in this month’s Arizona Attorney.

The author this month is esteemed lawyer (and past State Bar President) Mark Harrison. He is a good writer, but to make his task easier, he wrote about a great woman—Lorna Lockwood.

Arizona’s first woman Chief Justice is described well in the book Lady Law, by author Sonja White David. Here is how Mark opens his review:

Lady Law Lorna Lockwood book cover“In 1960, Lorna Lockwood became the first female Justice on the Supreme Court of Arizona. In 1965, she became the first female Chief Justice of any state Supreme Court in the nation. Justice Lockwood’s remarkable story is beautifully captured in Lady Law, a book written by Sonja White David, a resident of Mesa. In a way that Justice Lockwood surely would have appreciated, the author describes how a small-town girl from Douglas and Tombstone, Arizona, defied the odds and blazed the way for women in the law. In the process, Justice Lockwood left a significant and indelible mark on the law of Arizona.”

“Lady Law would be an enriching read for all Arizona lawyers, but it will be an inspiration for young girls and women. As Ms. David describes Justice Lockwood’s journey, she explains how Justice Lockwood was rebuffed and discouraged, not surprisingly by the male establishment, from pursuing her ambition to become a lawyer. As we now know, the pioneering role of Justice Lockwood was a harbinger of things to come; in the half century since Justice Lockwood was elected to the Supreme Court, the percentage of women in law schools has equaled and occasionally exceeded the percentage of men. In addition, women have come to play an increasingly influential role in the profession and on the judiciary.”

Read the entire book review here. And if you’re interested, the book is available here.

the-onion-logoEvery now and then you read a mainstream media piece that makes you think The Onion has taken over the news director’s chair.

You know The Onion, right? No? Take a look at this, and, darkly, this.

But today’s story came my way via The Puget Sound Business Journal. Mainstream? Yep.

The headline, though, reveals something of the oddity faced by a state that is flipping the switch on whether something is legal: “Marijuana experience required: WA recruiting experts to advise on legalization.”

As the majority of my high school graduating class sat up and took notice, the article explains:

“Washington is looking to hire experts in the marijuana industry to help the state Liquor Control Board get the tightly regulated state-licensed cannabis business up and running. Voters approved Initiative 502 to legalize, regulate and tax recreational marijuana in November. Since then, the state has issued a request for proposals to hire consultants who can advise the board on the nuances of establishing a successful, well-regulated system.”

Nuances. Uh-huh. I get it.

Washington’s Liquor Control Board is searching for consultants to help it create a legal marijuana industry. One part of the job would be coming up with regulations for edible products containing marijuana, like these available for medical-marijuana patients at CannaPi Consulting dispensary in Seattle. (Puget Sound Business Journal Photo | Anthony Bolante)

Washington’s Liquor Control Board is searching for consultants to help it create a legal marijuana industry. One part of the job would be coming up with regulations for edible products containing marijuana, like these available for medical-marijuana patients at CannaPi Consulting dispensary in Seattle. (Puget Sound Business Journal Photo | Anthony Bolante)

The reporter, Valerie Bauman, must have had some fun with the story, as she continues,

“Officials are hoping to assemble a consulting team that can demonstrate product and industry knowledge, among other skills that would indicate an intimate familiarity with the currently illegal market.”

Adding to the tongue-in-cheek hilarity is the image the newspaper selected: a retail reach-in case that contained snack foods—”munchies,” as we used to say at Arlington High School. The story explains that among the many things that will have to be regulated in the new legal regime will be “edible products containing marijuana.”

I suppose postings like these are what we may see in Arizona eventually. After all, every industry requires industry professionals. And those pros need to arrive with a skill set.

You owe it to yourself to read the entire story here.

A heartfelt hat tip to my colleague Lisa Bormaster for spotting this gnarly story.

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Lawyers Talking article Jan 2013 by Brian K. JohnsonBefore January passes, I will pass on a few reading suggestions from the current issue of Arizona Attorney Magazine.

The first recommendation is an article by an accomplished expert who is not a lawyer himself. Brian K. Johnson, an award-winning author, instructs readers on how to communicate best with others on topics that may be complex. Titled “Lawyers Talking, Fast and Slow,” his article opens:

“When conferring with a lawyer, my brain is focused on just one thing: Help me figure out this thorny issue! Whether talking to my trust lawyer about choosing an executor, or the real estate lawyer who advises me about my 94-year-old father’s 40 acres of farmland with the problematic deed, my goal is the same. Has my money been well spent on sound advice?”

“Your clients most certainly share a similar desire. They need you to explain—clearly—an arcane or troublesome legal issue, and they want you to provide counsel on a course of action. Once the issue is fully dissected and understood, you and your client can figure out how to proceed.”

“Of course, all of that is more challenging than you might think.”

You’re not joking. The author is adept at setting out some lessons you wish were common sense but often are not.

Continue reading Brian’s great article here.

Martha Nussbaum

Martha Nussbaum

The annual University of Arizona Law School Marks Lecture will be held today, beginning at 5:30.

The featured speaker will be Professor Martha Nussbaum of the University of Chicago. The lecture is free, but seats in the auditorium are now filled by registrants. Seats are still available in an overflow room, where the lecture will be live-streamed. Detail on the lecture is here. As the site indicates, an audio recording of the lecture will be available here soon after the event.

Here is more information from the law school:

Professor and Author Martha Nussbaum To Deliver Marks Lecture

Professor Martha Nussbaum, an internationally-recognized philosopher and award-winning author, will present the Isaac Marks Memorial Lecture at The University of Arizona James E. College of Law:

“The New Religious Intolerance”

Monday, January 28, 2013

5:30 – 6:30 pm

The University of Arizona Rogers College of Law

Ares Auditorium (Room 164)

1201 E Speedway, Tucson, AZ 85719

Seating is available on a first come, first served basis, and is limited. There will be a short reception immediately following the lecture.

Professor Nussbaum is the Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago, appointed in the Law School and in the Philosophy Department. She is an Associate in the Classics Department, the Divinity School; and the Political Science Department, a Member of the Committee on Southern Asian Studies; and a Board Member of the Human Rights Program. Her studies have focused on ancient Greek philosophy; ethics; global justice; the emotions—including shame, disgust, and fear; animal rights; and religion.

She received her BA from NYU (1969) and her MA (1971) and PhD (1975) from Harvard. She has taught at Harvard, Brown, and Oxford Universities. From 1986 to 1993, Prof. Nussbaum was a research advisor at the World Institute for Development Economics Research in Helsinki, a part of the United Nations University. She has chaired the American Philosophical Association’s Committee on International Cooperation, the Committee on the Status of Women, and the Committee for Public Philosophy. Ms. Nussbaum has been a member of the Council of the American Academy of Arts and Sciences, and is a member of the Board of the American Council of Learned Societies. She received the Brandeis Creative Arts Award in Non-Fiction for 1990, and the PEN Spielvogel-Diamondstein Award for the best collection of essays in 1991, her book, Cultivating Humanity won the Ness Book Award of the Association of American Colleges and Universities in 1998 and the Grawemeyer Award in Education in 2002. Sex and Social Justice won the book award of the North American Society for Social Philosophy in 2000. Hiding From Humanity won the Association of American University Publishers Professional and Scholarly Book Award for Law in 2004.

Professor Nussbaum has received honorary degrees from over forty colleges and universities in the US, Canada, Asia, Africa, and Europe. She received the Grawemeyer Award in Education in 2002, the Barnard College Medal of Distinction in 2003, the Radcliffe Alumnae Recognition Award in 2007, and the Centennial Medal of the Graduate School of Arts and Sciences at Harvard University in 2010. She is an Academician in the Academy of Finland. In 2009, she won the A.SK award from the German Social Science Research Council (WZB) for her contributions to social system reform, and the American Philosophical Society’s Henry M. Phillips Prize in Jurisprudence for her lifetime contributions. In 2012, she was awarded Spain’s Prince of Asturias Prize in the Social Sciences.

Recent additions to her extensive list of publications include From Disgust to Humanity: Sexual Orientation and Constitutional Law (2010), Not For Profit: Why Democracy Needs the Humanities (2010), Creating Capabilities: The Human Development Approach (2011), The New Religious Intolerance: Overcoming the Politics of Fear in an Anxious Age (2012), and Philosophical Interventions: Book Reviews 1985-2011 (2012). She has also edited fifteen books. Her current book in progress is Political Emotions: Why Love Matters for Justice, which will be published by Harvard in 2013.

The Annual Marks Memorial Lecture was established in 1979 by Selma Skora Paul Marks and the late Judge Jack Marks.  They endowed the lecture series in memory of his father, Isaac Marks.

Additional information on the Marks Lecture is available on the Arizona Law website.

State Bar of Arizona BLI Reunion 1

Reunion of graduates of the State Bar of Arizona Bar Leadership Institute, Jan. 24, 2013, Phoenix, Ariz.

Last evening, the State Bar of Arizona hosted its first BLI Reunion. It’s the first such event since the Bar Leadership Institute was launched five years ago.

Since then, those five graduating classes of lawyers have become embedded in significant leadership positions within the Bar. More information on the BLI is here.

Last night’s mingling event was at the downtown Phoenix Sheraton, and it was a success from start to finish. Noteworthy is the camaraderie felt among all of the graduates, who clearly benefit from and enjoy the fellowship of their colleagues.

The event also featured a few (brief) speakers. They were BLI grads who shared a little about the exciting projects in which they are involved. More on that later, but for now, let me mention Ann-Marie Alameddin, who discussed a pro bono legal information clinic she manages; we may cover her work, and that of others, in an upcoming issue of Arizona Attorney Magazine.

Have a great weekend. Here are a few more photos.

law-schoolAmidst a week that is filled with law school events, I was pleased to read a blog post that explores the “top websites for law students.”

Whether your law school days are current, recent or receding into the mists of time, let me know what you think of these choices.

The post itself appears on The Student Appeal, who describe themselves thusly:

“The Student Appeal is an online law journal that publishes legal articles and editorials discussing law and policy issues, law school, and different legal careers available to JDs. We welcome submissions from all members of the legal community, American and international.”

For more information, see their Submission page.

I’ve noted the site before. If you—law students or lawyers—are seeking a great outlet for your own writing, you should consider The Student Appeal.

ASU Canby Lecture Stacy_Leeds

Stacy Leeds

Here is a news item from the Sandra Day O’Connor College of Law at ASU, regarding this Thursday’s William C. Canby, Jr., Lecture.

The article is by the school’s Grant Francis.

Stacy L. Leeds, Dean of the University of Arkansas School of Law, will deliver the Sixth Annual William C. Canby Jr. Lecture on Thursday, Jan. 24, at the Sandra Day O’Connor College of Law. The title of Leeds’ talk is “Whose Sovereignty? Tribal Citizenship, Federal Indian Law, and Globalization.”

The lecture, presented by the Indian Legal Program (ILP) at the College of Law at Arizona State University, is scheduled to begin at 4:30 p.m. in the Great Hall of Armstrong Hall on the Tempe campus. It is free and open to the public, and will be followed by a reception in the Steptoe & Johnson Rotunda. Tickets are available here.

The lecture honors Judge William C. Canby Jr. of the United States Court of Appeals for the Ninth Circuit, a founding faculty member of the College of Law. Judge Canby taught the first classes in Indian law there and was instrumental in creating the ILP.

Leeds, the first American Indian woman to serve as dean of a law school, has worked with tribes for more than two decades, interpreting tribal law and serving as a judge for many tribes, including the Cherokee Nation.

“I will discuss how foundational principles of tribal sovereignty developed domestically and how those principles may evolve in the future, including issues of internal and external government accountability, interaction with other nations, and enforcement of tribal rights,” Leeds said.

She said it is important to understand the context in which Native American tribes have defined citizenship in the past in order to predict how it will be defined in the future.

“We are witnessing a global awakening currently with respect to indigenous sovereignty,” Leeds said.

The question is whether tribal sovereignty will be affected by globalization, she said. If this is the case, it could mean a much more complex relationship between the federal government and tribal governments in the future.

ASU Law School logoFor years, the U.S. government has refused to recognize tribal sovereign powers while simultaneously endorsing and supporting similar powers in newly created sovereigns around the globe, Leeds said. However, she noted, we are starting to see positive change as international law plays a greater role within the U.S.

“Enhanced global recognition of tribal government stature is finally being realized to some extent,” Leeds said. “But it will necessarily open tribes up to more internal and external scrutiny, and communities have to be ready for that.”

“We are delighted to welcome Dean Leeds to the College of Law to deliver our Canby Lecture,” said Dean Douglas Sylvester. “Her expertise in tribal sovereignty, as well as her accomplishments in the Native American community and in legal academia, make her an ideal fit for this important program.”

As part of the larger discussion, Leeds said she will touch briefly on the Cherokee Freedman Controversy, a political and tribal dispute between the Cherokee Nation and descendants of the Cherokee Freedmen regarding tribal citizenship. As a judge for the Cherokee Nation, she in 2006 wrote the majority opinion in Allen v. Cherokee Nation Tribal Council that ruled the Freedmen, a group of African-American descendents of former slaves of the Cherokee, were entitled to full citizenship in the tribe.

“Stacy has long been a leader in education and tribal government,” said Robert Clinton, Foundation Professor of Law at the College of Law. “At a time when the Cherokee Freedman controversy was heating up at the Cherokee Nation, her courageous opinion for the Cherokee Nation Supreme Court was widely heralded, although controversial.”

Clinton added that Leeds has been a pioneer as a Native American scholar and author, and her contributions to the field of Indian law are widely respected.

“I am very honored to be a part of this lecture series and to contribute to the world-class work of the Indian Legal Program at ASU,” Leeds said. “The program has a fantastic reputation and a vibrant Indian law curriculum.”

Before arriving at the University of Arkansas, Leeds was Interim Associate Dean for Academic Affairs at the University of Kansas School of Law and director of the Northern Plains Indian Law Center at the University of North Dakota School of Law. She has taught law at the University of Kansas, the University of North Dakota and the University of Wisconsin School of Law.

Leeds was the first woman and youngest person to serve as a Justice on the Cherokee Nation Supreme Court. She teaches, writes and consults in the areas of American Indian law, property, energy and natural resources, economic development, judicial administration and higher education.

iPadLast week I wrote about a paperless initiative of the State Bar of Arizona. As part of it, the Bar will no longer print hard copies of CLE materials.

As you might guess, I got an earful—though a good number of Arizona lawyers told me they supported the move.

One question that arose in the blog comments (where the good stuff usually lies) was in regard to the ability to annotate the electronic materials. After all, we’re all used to marking up our printed materials during the CLE presentation. What do we do if we are gazing at a PDF, and we con’t happen to own Adobe Acrobat Pro?

A blog post by Nicole Black this week provides some solutions for those accessing the PDFs on an iPad. She points to a few rather inexpensive tools that will have you commenting and noting before you know it. As she says, the four tools “are just a few of the many apps available for reading, storing, organizing, and marking up PDFs and other documents on your iPad.”

You can read her post at Lawyerist, here.

Martin Luther King, Jr.

Martin Luther King, Jr.

Many fortunate Americans will find themselves at home today, in honor of Martin Luther King, Jr., Day. That may also mean they’re not reading blogs, but that’s how it goes.

A few years ago, I started a small personal tradition on this day dedicated to MLK: I re-read his letter from a Birmingham Jail.

Sure, the rest of the day may be given over to relaxation and the enjoyment of being free from work. But for a short period—the time it takes to read his eloquent letter—I recall a sorry part of our nation’s history, and the response of a man and a movement.

The letter is sometimes still assigned in schools, and I think that’s great. King’s insights speak to us just as powerfully today as they did in 1963.

King’s courage is well documented. But what we sometimes forget—and what this letter reminds us—is that he had to be just as courageous with his “allies” as with his enemies. And that is what makes this letter such compelling reading for me. He wrote not (just) for a larger audience; instead, he wrote to fellow clergymen, many of whom were tsk-tsking his efforts to fight segregation.

Many of us can be loud and proud as we face a full-throated opponent. But how many have the courage and character to explain in loving and compassionate detail why our view should win the day? That was King’s task here, and his great achievement.

This speech is the origin of some famous phrases well known to Americans:

“I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial ‘outside agitator’ idea. Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds.”

You can read the entire letter here. I encourage you to take the 15 or so minutes it will require. It’s a worthwhile reminder to all of us about our history and the personal and societal tasks that still stretch out before us.

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