"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.

“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).

“This case illustrates to me the serious consequences to the Bar itself of not affording the full protections of the First Amendment to its applicants for admission. For this record shows that [the rejected attorney candidate] has many of the qualities that are needed in the American Bar. It shows not only that [the rejected attorney candidate] has followed a high moral, ethical and patriotic course in all of the activities of his life, but also that he combines these more common virtues with the uncommon virtue of courage to stand by his principles at any cost.

It is such men as these who have most greatly honored the profession of the law. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it.” In Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429 (1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan, dissenting.

" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.

"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.

“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.

Saturday, February 20, 2016

Albany Law School professors - "all good Americans are saddened" at #AntoninScalia's death, while #AntoninScalia's court hurt America

While Albany Law School is not involved in a clear clash of opinions on whether to mourn #AntoninScalia, as the Georgetown School of Law is, there is a "silent clash" eminently present.

Albany Law School advertised on its front web-page achievement of its faculty.

Among those achievements, ALS advertised, at the same time, the "influential" legal blog of its professor Vin Bonventre

and the recent book of its professor Stephen Gottlieb.

In his recent blog post, Professor Bonventre states this:

Obviously, not all decent people with any sense of humanity think that way, many decent people with any sense of humanity think the opposite way.

Professor Bonventre also stated this:

Apparently, all Americans who are not saddened by the news of #AntoninScalia, are "bad Americans", whatever that means.

"Good Americans" and "bad Americans".  What exactly is this "influential" law professor teaching?  Religion?  Oh now, he is teaching this:

Judicial process!  Legal Profession!  Criminal Law! Criminal procedure!

And, with all that, this good Professor is claiming that all "good Americans" "are saddened" (he checked, obviously) with the passing of a person who claimed that it is ok to execute an innocent - and who rejected requests to overturn death sentences for 30 years based on that belief, thus murdering how many people?

On the other hand, Professor Gottlieb, of the same Albany Law School, who teaches these courses:

shortly before the death of #AntoninScalia published his book "Unfit For Democracy: The Roberts Court and the Breakdown of American Politics" which ALS is also proud of.

The book is available on

Here is what the foreword to the book says:

 Once again: Roberts and #AntoninScalia's court, in professor Gottlieb's view:

  • have hurt ordinary Americans economically, politically and in the criminal process;
  • damaged the historic American melting pot;
  • increased the risk of anti-democratic paramilitaries, and
  • clouded the democratic future.
 Now, all "good Americans" are and really must be saddened on the passing of one of the most conservative judge of that court that was making the above happen.

Right, Professor Bonventre?


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