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Neil J Gillespie, candidate for President 2020Leadership In Times of Adversity
I am not a politician, I am an advocate with a cause:
Government of The People, by The People, and for The People.
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Federal Election Commission links
Federal Election Commission
Neil J. Gillespie for President (Statement of Organization)
Principal Campaign Committee ID C00627810
Candidate ID P60022993
Hello, my name is Neil J. Gillespie, and I want to earn your vote for president. I am not a politician; I am an advocate with a cause. I want government of the People, by the People, and for the People, as envisioned by President Lincoln in his Gettysburg Address. Otherwise we are left with government of the powerful, by their lawyers, for the corporations.
Many of us learned about the separation of powers in school.
- The legislative branch, Article I of the U.S. Constitution
- The executive branch, Article II of the U.S. Constitution
- The judicial branch, Article III of the U.S. Constitution
Every lawyer admitted to the practice of law becomes an "Officer of the court" and part of the judicial branch of government subject to regulation by the highest court of the state where admitted, usually the state supreme court. For example, every lawyer admitted to practice law in Florida is an "Officer of the court" and part of the judicial branch of government subject to regulation by the Supreme Court of Florida.
Separation of powers is compromised and usurped when lawyers, part of the judicial branch, serve in the legislative branch as senators or representatives, or in the executive branch as president, and even in the US Department of Justice, also part of the executive branch, see my comments as anonymous on the SDFLA blog, How many innocent people are in federal prison.
For example, you may have witnessed the American legislative process become a never-ending legal contest of investigations, subpoenas, depositions, and impeachment threats. This is a bipartisan breach of separation of powers by lawyers like Adam Schiff (D-CA, US House) and Lindsey Graham (R-SC, US Senate). See my Petition No. SC16-2031 in the Fla Supreme Court, submitted as a candidate for president in 2016.
Lawyers in congress like Adam Schiff and Lindsey Graham have usurped the separation of powers doctrine in American government to our great disadvantage. We currently have government of the powerful, by the lawyers, for the corporations. I want to restore government of The People, by The People and for The People.
Impeachment Report Intelligence.House.Gov
Permanent Select Committee on Intelligence
Full Impeachment Report of Donald J. Trump
House Judiciary Committee (Dec-13-2019) 658 pages
Are There Too Many Lawyers in Congress?
The New York Times, by Andrew Hacker, Jan. 5, 1964
The Secret Life of Judges (NYT)
75 Fordham L. Rev. 2855 (2007)
by the Honorable Dennis Jacobs
Our Government - Three Branches
The Constitution
The Legislative Branch
The Executive Branch
The Judicial Branch
Federal government of the United States Wikipedia
President Trump is remaking the federal judiciary by and through lawyers, members of the judicial branch, who are wrongly in the U.S. Senate, the legislative branch. Article III lifetime federal judges are confirmed on the advice and consent of the U.S. Senate. See, Trump is remaking the federal judiciary, by Colby Itkowitz, The Washington Post Published Saturday, December 21, 2019
SPECIAL COUNSEL'S OFFICE
Robert S. Mueller III, Special Counsel Wikipedia
Special Counsel investigation (2017–2019) Wikipedia
Noam Chomsky, Wikipedia Noam Chomsky, website
Democracy Now program with Noam Chomsky
Secular Talk - The Kyle Kulinski Show
America is Our Land - It Belongs to The People
The American Oasis Project
Left: Native American Code Talker in World War II
America is a land of African People, forced immigrants of the Atlantic slave trade, and their descendants. For 250 years African-American slaves, and their descendants, labored to make America what it is today. (1619-1865). For the next 100 years (1865-1965) peonage was slavery by another name. This was the Jim Crow segregation era of lynching and Ku Klux Klan terrorism.
Left: Understanding and Teaching American Slavery Edited by Bethany Jay and Cynthia Lynn Lyerly. Also see, From Slavery to Freedom, By John Hope Franklin and Evelyn Higginbotham.
America is a land of later immigrants, like my family, descendants of Irish immigrants, who arrived in 1862. Other family immigrated circa 1900 and came through Ellis Island. The clientele of my car business in Langhorne, Pennsylvania included many people who immigrated to the United States in the 1980's, some in search of the American Dream, others seeking refuge or asylum. My friend Valerie and her parents immigrated to Miami, Florida from Sheffield, England seeking a place in the sun.
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| Neil and Hassan, citizenship ceremony |
Currently many immigrants come to America through our southern boarder with Mexico, but there is no equivalent facility to welcome people as Ellis Island did in the past. Here are my thoughts on a wall with Mexico, the American Oasis Project.
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| The Great Hall, Ellis Island |
The American Oasis Project will house U.S. Government offices (DOS/DHS) to process lawful entry into the United States, see How to Enter the U.S. The American Oasis Project will house legal tribunals, and legal aid offices, to promptly adjudicate immigration and asylum cases while respecting due process under U.S. and International law. The American Oasis Project will seek to reduce the conditions abroad that lead to immigration and asylum, through modification of U.S. law and policy, regarding drugs, violence, and economics.
- Ellis Island, National Park Service
- The Statue of Liberty - Ellis Island Foundation
- Ellis Island, Wikipedia
"Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed to me,
I lift my lamp beside the golden door!"
As U.S. birthrates fall, America needs immigrants to fill the gap. American depends on migrant workers to harvest the fruits and vegetables we eat, and do the hard physical labor that many Americans don’t want to do anymore, but work that immigrants do everyday. Like working in slaughterhouses and meat packing plants. Think about that.
Immigrants are the engine of economic and social growth. Immigrants buy homes, buy clothing, furnishings and appliances for their new homes, they buy vehicles, and start businesses, and buy computers and other office equipment. But most important, Immigrants bring their idea of what America is supposed to be, the land of opportunity, and the home of the free. Read more here.
‘No Olvidado’: These Americans find and bury missing migrants A three-part documentary about death and dignity on the US-Mexico border. By Alexandra King, CNN. Film by Craig Waxman, Alexandra King and Alfredo Alcántara (YouTube video)
I am a Capitalist - a former business owner and
graduate of the Wharton School, evening division
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| Neil J Gillespie, Kar Kingdom, Inc. |
I am a Capitalist. Through long hours and hard work I created, owned and operated several small businesses. I am a graduate of the Wharton School, Evening Division, of the University of Pennsylvania. During the day I operated my car business, and in the evening I went to class.
Self-employment was my answer to disability discrimination resulting from a congenital craniofacial disorder and speech impairment. When elected, I will institute Medicare For All, as part of the current Medicare.
I was born in West Philadelphia in 1956 and raised by my parents, Penelope and Cornelius Gillespie, who moved to Levittown, Pennsylvania, when I was age two. There I was joined by a brother and sister, attended Catholic school grades 1-8, and Bishop Egan High School grades 9-12. I played sports, marched in the school band, cut lawns and delivered newspapers to earn money, and was an Eagle Scout.
In high school I worked for Friendly Ice Cream, washing dishes, cooking food, and scooping ice cream. Eventually I earned a promotion to shift supervisor. After high school, I worked as a laborer in the rod mill of U.S. Steel's Fairless Works in Fairless Hills, PA, where I was a member of United Steelworkers Local 4889. Later in life I moved west and earned a second undergraduate degree in psychology at age 40 from The Evergreen State College in Olympia, Washington.
For fun I enjoy listening to music and watching documentaries, walking, photography, boating, and hiking on the nearby Holly Hammock Hiking Trail in the Ross Prairie State Forest. I am single, never married, and do not have children. Questions or comments? Email me: neilgillespie@mfi.net
Self-employment was my answer to disability discrimination resulting from a congenital craniofacial disorder and speech impairment. When elected, I will institute Medicare For All, as part of the current Medicare.
I was born in West Philadelphia in 1956 and raised by my parents, Penelope and Cornelius Gillespie, who moved to Levittown, Pennsylvania, when I was age two. There I was joined by a brother and sister, attended Catholic school grades 1-8, and Bishop Egan High School grades 9-12. I played sports, marched in the school band, cut lawns and delivered newspapers to earn money, and was an Eagle Scout.
In high school I worked for Friendly Ice Cream, washing dishes, cooking food, and scooping ice cream. Eventually I earned a promotion to shift supervisor. After high school, I worked as a laborer in the rod mill of U.S. Steel's Fairless Works in Fairless Hills, PA, where I was a member of United Steelworkers Local 4889. Later in life I moved west and earned a second undergraduate degree in psychology at age 40 from The Evergreen State College in Olympia, Washington.
For fun I enjoy listening to music and watching documentaries, walking, photography, boating, and hiking on the nearby Holly Hammock Hiking Trail in the Ross Prairie State Forest. I am single, never married, and do not have children. Questions or comments? Email me: neilgillespie@mfi.net
I was a member of United Steelworkers Local 4889
This rod mill, 4 stands rolling, is like the mill I worked at the Fairless Works
I believe pro se litigants need a People's Bar, a union, in order to get a fair day in court.
Capitalism is under threat by the judiciary and other factors
Capitalism is under threat by crony capitalism, regulatory capture and the judiciary. Capitalism works efficiently when there is the possibility of failure. Unfortunately certain judges have removed the prospect of failure from capitalism. Bad judges like Ann Craggs, Jerry Funk, and Terrell Hodges reward bad companies, through corrupt rulings, such as Reverse Mortgage Solutions, Inc., a failed company that rightfully should go broke and out of business.
The Florida Bar is a private, unincorporated association, a union or guild for the legal profession in Florida, consisting of all lawyers admitted to practice in Florida, and state and federal judges. I believe pro se litigants, nonlawyers who represent themselves in court, need a People's Bar in order to get a fair day in court, a People's union to check the immense power of The Florida Bar. Clearly the legal profession sees the need for a union or guild for itself. My late Uncle Jack (1927-2017) was a representative for the Lathers Union and The United Brotherhood of Carpenters. I witnessed first-hand how unions can benefit families and society. I believe it is time for a People's union to support nonlawyers who appear pro se in court. A People's Bar in order for nonlawyers to get a fair day in court as required by the Constitution and laws of the United States, and of Florida and the other states.
The Florida Bar is a private, unincorporated association, a union or guild for the legal profession in Florida, consisting of all lawyers admitted to practice in Florida, and state and federal judges. I believe pro se litigants, nonlawyers who represent themselves in court, need a People's Bar in order to get a fair day in court, a People's union to check the immense power of The Florida Bar. Clearly the legal profession sees the need for a union or guild for itself. My late Uncle Jack (1927-2017) was a representative for the Lathers Union and The United Brotherhood of Carpenters. I witnessed first-hand how unions can benefit families and society. I believe it is time for a People's union to support nonlawyers who appear pro se in court. A People's Bar in order for nonlawyers to get a fair day in court as required by the Constitution and laws of the United States, and of Florida and the other states.
Capitalism is now at a crossroads, according to economist Hernando de Soto Polar in a video by of the Institute Of Liberty and Democracy. In order for capitalism to work, employees must be paid fairly, a living wage to support families, and to spend and stimulate the economy. The current concentration of wealth in the hands of a relative few at the top is another threat to capitalism.
Medicare For All - for the Health of all Americans
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| Neil J. Gillespie, graduation day |
As president, how will I pay for Medicare for All?
Currently I pay a monthly premium for Medicare Part B. Each month $135.50 is deducted from my Social Security benefits for Medicare Medical Insurance. I did not want a Medicare Prescription Drug Plan so I am not charged for one.
Medicare is a national health insurance program in the United States, begun in 1966 under the Social Security Administration (SSA) and now administered by the Centers for Medicare and Medicaid Services (CMS). It primarily provides health insurance for Americans aged 65 and older, but also for some younger people with disability status as determined by the Social Security Administration. Wikipedia.
As an insurance program, therein lies the deficiency: The program lacks a client base that includes healthy younger people. Health insurance is an insurance that covers the whole or a part of the risk of a person incurring medical expenses, spreading the risk over a large number of persons. Wikipedia.
Currently I pay a monthly premium for Medicare Part B. Each month $135.50 is deducted from my Social Security benefits for Medicare Medical Insurance. I did not want a Medicare Prescription Drug Plan so I am not charged for one.
Medicare is a national health insurance program in the United States, begun in 1966 under the Social Security Administration (SSA) and now administered by the Centers for Medicare and Medicaid Services (CMS). It primarily provides health insurance for Americans aged 65 and older, but also for some younger people with disability status as determined by the Social Security Administration. Wikipedia.
As an insurance program, therein lies the deficiency: The program lacks a client base that includes healthy younger people. Health insurance is an insurance that covers the whole or a part of the risk of a person incurring medical expenses, spreading the risk over a large number of persons. Wikipedia.
Currently Medicare spreads the risk over a smaller number of persons. most of whom are elderly and/or disabled. Medicare For All will expand the number of persons covered, and spread the risk better. See, How and Why Medicare for All Is a Realistic Goal, by Nancy Altman, President, Social Security Works, as published on Huffington Post.
A sense of humor helped me overcome personal adversity. Hardship and suffering taught me kindness and compassion toward others. I have a congenital craniofacial disorder and have written about it here on my Justice Network website Face Matters page. The photos above show me with Dr. Robert W. Blakeley and Dr. Ningyi Li, a craniofacial surgeon visiting from China, having dinner at the Multnomah Athletic Club in Portland in April 1994, after I arrived in Oregon for treatment at Oregon Health Science University (OHSU). In January 1994 Dr. Blakeley examined me in Florida while visiting his sister. In lieu of Florida DVR, which was prejudiced against me, and opposed to me getting medical treatment, I moved to Portland and became a patient of Dr. Blakeley.
- Lower left: Me and Dr. Robert W. Blakeley (1924-2010)
- Upper left: Speech bulb obturator.
- Upper right: Me and Dr. Ningyi Li, visiting from Qingdao University.
- Lower right: Affiliated Hospital, Qingdao, Shandong 266003, P.R. China.
Neil Gillespie, President of Kar Kingdom, Inc.
Bucks County Courier Times article
Capitalism at the Crossroads - Hernando de Soto
Institute Of Liberty and Democracy.
"The hour of capitalism's greatest triumph," writes Hernando de Soto, "is, in the eyes of four-fifths of humanity, its hour of crisis." In The Mystery of Capital, the world-famous Peruvian economist takes up one of the most pressing questions the world faces today: Why do some countries succeed at capitalism while others fail?
The Mystery of Capital, New York Times Books
The Mystery of Capital, CATO Institute
The Mystery of Capital, Yendieu PDF
The Mystery of Capital, Ludwig von Mises Institute review
The Institute for Liberty and Democracy (ILD), led by Peruvian economist Hernando de Soto, works with developing countries to implement property and business rights reforms that provide the legal tools and institutions required for citizens to participate in the formal national and global economy. ILD works toward a world in which all people have equal access to secure rights to their real property and business assets in order to pull themselves - and their countries - out of poverty.
The Rule of Law is Failing America
The Rule of Law is Failing America
1. Publicly promulgated
2. Equally enforced
3. Independently adjudicated
4. And consistent with international human rights principles.
The Rule of Law. The basis for power elite membership is institutionalized power, namely an influential position within a prominent private or public organization. See, How the Law Is Used to Destroy Equality and Protect the Powerful: Noam Chomsky & Glenn Greenwood YouTube link
WITH LIBERTY AND JUSTICE FOR SOME Glenn Greenwood/MacMillian Books
How the Law Is Used to Destroy Equality and Protect the Powerful
(Wikipedia link)
UNITED STATES RANKED 20 OUT OF 126 COUNTRIES ON RULE OF LAW, DROPPING ONE POSITION
WASHINGTON, DC (28 February 2019) – The World Justice Project (WJP) today released the WJP Rule of Law Index® 2019, an evaluation of rule of law adherence worldwide based on more than 120,000 household and 3,800 expert surveys in 126 countries. Featuring current, original data, the WJP Rule of Law Index measures countries’ rule of law performance across eight factors: Constraints on Government Powers, Absence of Corruption, Open Government, Fundamental Rights, Order and Security, Regulatory Enforcement, Civil Justice, and Criminal Justice. At 20th place out of 126 countries worldwide, the United States declined one position for overall rule of law performance in the WJP Rule of Law Index 2019 edition. Read more
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| Lt. C.T. Welch, MCSO |
BAD COP: Lt. Charles Welch, MCSO
South-Marion District Commander
Southwest District Office
9048 SW State Rd. 200
Ocala, FL 34481
Mr. Wilson/Judge Craggs Violation of Fla. Stat. § 817.568(8)(a) Criminal use of personal identification information, etc.
Beginning on page 11: APPELLANT’S MOTION TO STRIKE APPELLEE’S "REPLY" CASE NO. 5D19-3479, Fifth District Court of Appeal, Gillespie v. RMS
21. On or about June 13, 2019 I personally met with Marion County Sheriff’s Office Lt. Charles Welch, the South-Marion District Commander, at 8:00 AM in his office at 9048 SW State Rd. 200, Ocala, FL 34481 to request criminal charges against Judge Ann Melenda Craggs for violation of Fla. Stat. § 817.568(8)(a) Criminal use of personal identification information; and related crimes
together with Curtis Wilson, Esq., in the wrongful foreclosure of my Fla. residential homestead. My written request to the MCSO appears at Exhibit 9. MCSO Deputy Hunter McMurray, badge 6015, attended the meeting.
22. Judge Craggs and Mr. Wilson violated Fla. Stat. § 817.568(8)(a) Criminal use of personal identification information, used as trial evidence in the foreclosure. Fla. Stat. § 817.568(8)(a) states:
(8)(a) Any person who willfully and fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning a deceased individual or dissolved business entity commits the offense of fraudulent use or possession with intent to use personal identification information of a deceased individual or dissolved business entity, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
23. My mother, Penelope Gillespie, died on September 16, 2009. RMS alleged so in paragraph 5 of its Verified Complaint To Foreclose Home Equity Conversion Mortgage. Penelope Gillespie was dead on July 18, 2017 when Mr. Wilson submitted trial evidence in violation of § 817.568(8)(a),
Notice of Default and Intent to Foreclose
Date Admitted As Evidence: 07/18/2017
Evidence ID: PL-4
because the Notice of Default and Intent to Foreclose is dated June 8, 2012 to "Penelope Gillespie" and "Dear Penelope Gillespie". The Evidence List appears at Exhibit 1. The Notice of Default and Intent to Foreclose appears at Exhibit 2 and is signed by Judge Craggs.
24. The Notice of Default and Intent to Foreclose does not inform "Penelope Gillespie" because she died on September 16, 2009. A deceased person cannot own property, or respond to this notice. This notice is defective.
25. A HECM foreclosure must commence within 6 months. 24 C.F.R. § 206.125(d)(1). Borrower Penelope Gillespie died September 16, 2009. The Plaintiff did not commence this foreclosure until January 9, 2013.
26. Because the Plaintiff missed the time to bring a foreclosure, it has relied on false documents showing Penelope Gillespie is still alive, including its notice of foreclosure, and routine correspondence addressed to "Penelope Gillespie".
27. The Plaintiff’s (RMS) envelope to the NOTICE OF DEFAULT AND INTENT TO FORECLOSE (Exhibit 2) shows different names for U.S. Postal Service Certified Mail, and is therefore fraudulent, because the Notice begins, "Dear Penelope Gillespie:" and not,
"Dear Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust Agreement dated February 10, 1997"
In fact the trust is not mentioned at all. Mark Gillespie was not provided a Notice of Default at his home in Fort Worth, Texas.
28. Therefore service on Neil J. Gillespie and Mark Gillespie, is fatally flawed. The Trust was not sued. Penelope Gillespie was not sued. The Estate of Penelope Gillespie was not sued.
29. On information and belief, the Plaintiff sued the wrong party in suing "Neil J. Gillespie and Mark Gillespie as Co-Trustee of the Gillespie Family Living Trust Agreement Dated February 10, 1997", see the Foreclosure Benchbook 2013 "Parties to the Foreclosure Action", "Necessary and Proper Defendants" page 16:
1. The owner of the fee simple title - only indispensable party defendant to
a foreclosure action. English v. Bankers Trust Co. of Calif., N.A., 895 So.
2d 1120, 1121 (Fla. 4th DCA 2005). Foreclosure is void if titleholder omitted...
30. The titleholder on January 9, 2013 when the case was filed was the "Gillespie Family Living Trust Agreement Dated February 10, 1997". The Plaintiff failed to sue the only indispensable party. Therefore, the foreclosure is void. See Filing # 83954243 E-Filed 01/27/2019 11:53:01 PM
31. Judge Craggs and Mr. Wilson violated related laws, such as, (See Exhibit 9)
- F.S. § 837.06 False official statements
- F.S. § 838.022 Official misconduct
- F.S. § 839.13 Falsifying records
- Chapter 825, Abuse, Neglect, And Exploitation Of Elderly Persons and Disabled Adults. I am an elderly person [825.101(4)] and a disabled adult as defined by Chapter 825.
- Judge Craggs is a public officer who corruptly used her official position as judge to secure a special benefit (corrupt foreclosure) for Mr. Wilson. F.S. § 112.313(6) Misuse of Public Position, (6) MISUSE OF PUBLIC POSITION
- Judge Craggs is a public servant as provided by the Fla. Const., Art. V, who violated her Oath of Office, see Art. II, sec 5(b).
32. Lt. Welch said the MCSO will not investigate or refer for prosecution crimes committed by lawyers and/or judges if committed during the course of their professional practice. I reminded Lt. Welch that 817.568(8)(a) pertains to "Any person" and that includes lawyers and/or judges whether or not in their personal or professional life. Lt. Welch disagreed; he referred me to the FDLE and/or the FBI.
33. "Basic rights.—All natural persons, female and male alike, are equal before the law..." Art I, sec. 2, Fla. Const. Lawyers and judges are "natural persons" and equal before the law, including 817.568(8)(a) that Lt. Welch refused to enforce, and pertains to "Any person" - including lawyers and judges.
The People’s Bar, an unincorporated assn., Art. I, Sec. 2, Fla. Const.
34. Appellant’s Responses to Notice of Appellant Responsibilities appears at paragraph 5, page 2, DOC-205 Case 3:19-bk-00808-JAF, US Bankruptcy Court, and here at Exhibit 10, and states in relevant part:
5. This chapter 13 bankruptcy has been compromised by a number of issues:
a. The unconstitutional HECM reverse mortgage program;
b. The wrongful foreclosure of my home on a HECM reverse mortgage by the foreclosing plaintiff, Reverse Mortgage Solutions, Inc.;
c. Violation of criminal law by the foreclosing plaintiff, Reverse Mortgage Solutions, Inc., and its counsel, n.k.a. McCalla Raymer Leibert Pierce, LLC.;
d. The contemporaneous 2019 Chapter 11 Bankruptcy of Ditech Holding Corporation, parent company of the foreclosing plaintiff, Reverse Mortgage Solutions, Inc.
e. Corruption by The Florida Bar (a private lawyers guild, an unincorporated association, and a unified bar association) of the US legal system, including the US Supreme Court* and all inferior federal and state courts, the US Department of Justice, and US Trustee.
*An exception is Justice Thomas who granted the Appellant’s applications to
extend time on three separate occasions.
Ultimately this is the result of lawyer-judges (the US does not have professional judges) and lawyers who are members of unified bar associations (about 75 percent; undermining the lawyer's independent exercise of professional judgment, from the client and the interest of justice, to serving the bar to keep his/her bar card, the license to practice) as members of the judicial branch of government, who usurp the constitutional separation of powers, and enter the legislative branch (congress) and the executive branch (president, DOJ). In Marion County Florida, the Marion County Bar Association, Inc. undermines the rule of law by, inter alia, rigging cases (or suggesting outcomes) and bribing lawyer-judges with food, entertainment, and promised rigged public elections (by and through the assurance of no opponents), and other bar-bench schemes concocted at the exclusive and private Golden Ocala Golf and Equestrian Club in Ocala, Florida and elsewhere.
35. Therefore, a "People’s Bar", is needed, perhaps modeled after The Florida Bar as an unincorporated association, because under Art. I, Sec. 1, Fla. Const.:
SECTION 1. Political power.—All political power is inherent in the people. The enunciation herein of certain rights shall not be construed to deny or impair others retained by the people.
Ordinary Injustice: How America Holds Court
Ordinary Injustice: How America Holds Court
Attorney and journalist Amy Bach spent eight years investigating the widespread courtroom failures that each day upend lives across America. In the process, she discovered how the professionals who work in the system, however well intentioned, cannot see the harm they are doing to the people they serve. The book is Ordinary Injustice, How America Holds Court.
Winner of the 2010 RFK Book Award.
Book review Washington City Paper
Book review Scott Greenfield
Justice by the Numbers New York Times
ABA Journal Ordinary Injustice by Amy Bach
The Lawyer-Judge Bias in the American Legal System
Professor Benjamin H. Barton author of The Lawyer-Judge Bias in the American Legal System, writes that virtually all American judges are former lawyers, a shared background that results in the lawyer-judge bias. Barton argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law.
Book review Overlawyered
Book review Larry Ribstein
Book review Glenn Reynolds
Book review Cato’s Dan Mitchell
Barton submitted a brief with Darryl Brown, see
Turner v Rogers SCOTUS Blog
SCOTUS Docket Turner v Rogers No. 10-10
Are There Too Many Lawyers in Congress?The Secret Life of Judges (NYT)
The New York Times, by Andrew Hacker, Jan. 5, 1964
75 Fordham L. Rev. 2855 (2007)
by the Honorable Dennis Jacobs
Judge Posner: people without lawyers are mistreated by the legal system
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| Richard A. Posner |
The New York Times
By Adam Liptak
Sept. 11, 2017
WASHINGTON — Judge Richard A. Posner, whose restless intellect, withering candor and superhuman output made him among the most provocative figures in American law in the last half-century, recently announced his retirement.
The move was abrupt, and I called him up to ask what had prompted it. "About six months ago," Judge Posner said, "I awoke from a slumber of 35 years." He had suddenly realized, he said, that people without lawyers are mistreated by the legal system, and he wanted to do something about it. Read more
Posner: Most judges regard pro se litigants as 'kind of trash not worth the time'
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| Richard Posner |
American Bar Association
By Debra Cassens Weiss
September 11, 2017
According to the ABA story, U.S. Circuit Judge Richard A. Posner "...told the Chicago Daily Law Bulletin last week that he decided to retire because of conflicts with his colleagues over the treatment of pro se litigants, who represent themselves. In a new interview with the New York Times, Posner elaborated on his concerns about the treatment of such litigants."
""The basic thing is that most judges regard these people as kind of trash not worth the time of a federal judge," Posner said."
"In the 7th Circuit, staff lawyers review appeals from pro se litigants, and their recommendations are generally rubber-stamped by judges, he noted." Read more
Judge Posner: SCOTUS is not a real court
American Bar Association
By Debra Cassens Weiss
November 11, 2013
Quote: "Well, I don’t like the Supreme Court," Posner says. "I don’t think it’s a real court. I think of it as basically … it’s like a House of Lords. It’s a quasi-political body. President, Senate, House of Representatives, Supreme Court. It’s very political. And they decide which cases to hear, which doesn’t strike me as something judges should do. You should take what comes. When you decide which case to hear it means you’ve decided the cases ahead of time.
Quote: "Also, because I’m a compulsive writer, I like to write. … If you sit with eight other people [like the Supreme Court] you only get one-ninth of the cases to write. I’m not interested in that. Now the Supreme Court justices write very, very few majority opinions. Last year they saw 74 cases. Divide that by nine and that’s a little more than eight opinions a year. That’s ridiculous! I write around 90 opinions a year." Read more
By Debra Cassens Weiss
November 11, 2013
Quote: "Well, I don’t like the Supreme Court," Posner says. "I don’t think it’s a real court. I think of it as basically … it’s like a House of Lords. It’s a quasi-political body. President, Senate, House of Representatives, Supreme Court. It’s very political. And they decide which cases to hear, which doesn’t strike me as something judges should do. You should take what comes. When you decide which case to hear it means you’ve decided the cases ahead of time.
Quote: "Also, because I’m a compulsive writer, I like to write. … If you sit with eight other people [like the Supreme Court] you only get one-ninth of the cases to write. I’m not interested in that. Now the Supreme Court justices write very, very few majority opinions. Last year they saw 74 cases. Divide that by nine and that’s a little more than eight opinions a year. That’s ridiculous! I write around 90 opinions a year." Read more
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| Richard Posner |
Wikipedia
Richard Allen Posner (born January 11, 1939) is an American jurist and economist who was a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit in Chicago from 1981 until 2017,[1] and is a senior lecturer at the University of Chicago Law School. He is a leading figure in the field of law and economics, and was identified by The Journal of Legal Studies as the most cited legal scholar of the 20th century.[2] He is widely considered to be one of the most influential legal scholars in the United States. Read more
Senior Lecturer in Law
University of Chicago School of Law
Following his graduation from Harvard Law School, Judge Posner clerked for Justice William J. Brennan, Jr. From 1963 to 1965, he was assistant to Commissioner Philip Elman of the Federal Trade Commission. For the next two years, he was assistant to the solicitor general of the United States. Prior to going to Stanford Law School in 1968 as Associate Professor, Judge Posner served as general counsel of the President's Task Force on Communications Policy. He first came to the University of Chicago Law School in 1969, and was Lee and Brena Freeman Professor of Law prior to his appointment in 1981 as a judge of the US Court of Appeals for the Seventh Circuit. He was the chief judge of the court from 1993 to 2000. Read more
$400,000 Is Now The Official Market Rate For Supreme Court Clerk Bonuses
Above The Law
By STACI ZARETSKY
Nov 15, 2018
Just how high will signing bonuses for Supreme Court clerks go? It was just last summer that the going the market rate rose to a new peak — $350,000 — but it’s now been confirmed that $400,000 is now the prevailing rate. Yes, you’re reading that correctly. Biglaw firms and prestigious boutiques are now willing to pay former Supreme Court clerks almost half a million dollars in bonus money just for signing on the dotted line, on top of their base salaries and regular bonuses. Former SCOTUS clerks are making almost double their Supreme bosses’ salaries. This is crazy. Read more
U.S. Civil Court System Needs Major Overhaul
PBS News Hour
A new book, "Rebuilding Justice: Civil Courts in Jeopardy and Why You Should Care," argues Americans don't understand how the courts work and that the system itself needs a major overhaul. Ray Suarez talked with the book's co-author on the campus of Georgetown University Law Center's Supreme Court Institute.
RAY SUAREZ: Well, the book reads like a 230-page indictment. What's the problem?
REBECCA LOVE KOURLIS: Well, it's not that complicated -- or it shouldn't be. If you get in a car wreck, and there's an argument about who should be paying damages, your assumption is that you can go to court to have that case resolved. The truth of the matter is that's probably the last place you want to be, because the fees and the costs will ultimately be more than your car is worth, even if you drive a really nice car. PBS News Hour
Institute for the Advancement of the American Legal System, IAALS: Authors Rebecca Love Kourlis and Dirk Olin tell the story of a civil justice system that has become alarmingly expensive, politicized, and time-consuming, degrading it to the point that it no longer meets the legitimate needs of the people it was created to serve. IAALS Facebook
10 ways to reform the civil justice system by changing the culture of the courts
ABA Journal. By Rebecca Love Kourlis
Inside America's For-Profit Bail System
Injustice is an ongoing threat to America
ABA-LDF Joint Statement on Eliminating Bias in the Criminal Justice System. ABA & NAACP: Racial Bias in the Criminal Justice System
The ABA and the NAACP Legal Defense and Educational fund have issued a joint statement addressing the "troubling and destabilizing loss of public confidence in the American criminal justice system."
The statement (PDF) notes the "recent spate of killings of unarmed African American men and women at the hands of white law enforcement officers." While the ABA and the Fund believe that "the overwhelming percentage" of police, prosecutors and judges are not racist, "explicit bias remains a real factor in our country—and criminal justice system—and implicit or unconscious bias affects even those who may believe themselves to be fair," the statement says.
"The American criminal justice is unquestionably at a moment of crisis," the statement says. Read more An ABA press release is here.
We are still working toward Justice For All
13th Circuit JNC Interviews Tampa, FL
Judicial Nominating Commission (JNC) June 15, 2010, attempted interviews of applicants for the circuit court vacancy created when Gov. Charlie Crist appointed Hillsborough Judge Anthony Black to the Second District Court of Appeals. Filmed at the Law Offices of Bajo Cuva, PA, Tampa, Florida. Produced by Neil Gillespie for the Justice Network.
