Sonia Sotomayor's Candor is Refreshing

In 1880, Oliver Wendell Holmes, one of America's most reknown jurists described the law this way, "The life of the law has not been logic; it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed. The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics."

Apparently Sotomayor's critics disagree with Holmes. Her remark about wise Latina women being better judges than white men of the causes and cures of discrimination has caused great consternation in the rightwing blogosphere. How could she not bring her experience as a Bronx born-and-raised Puerto Rican to the bench? Isn't that the point of diversity? That out of our disparate stories we weave a basket strong enough to capture our diverse culture.

The subtext is clear, however. Only Latinas (and blacks) who disavow their connection to (and responsibility for) a shared minority American experience are trustworthy enough to hold high office. Thus Clarence Thomas and Alito get a pass, while Sotomayor is called a racist.

I can't wait for the hearings.




From the first of twelve Lowell Lectures delivered by Oliver Wendell Holmes, Jr. on November 23, 1880, which were the basis for The Common Law.

RPC Annual Conference June 27th-July1st

Women in Rainbow PUSH

You’ve heard the saying, “behind every good man is a good woman.” When it comes to Rev. Jesse Jackson’s Rainbow PUSH Coalition, the phrase could be paraphrased, “behind every great civil rights organization is a principled group of committed women.” Filling such key roles as Education Director, Trade Bureau Director, Automotive Director, V.P. for Legal Affairs and Public Policy Director. The women of the Rainbow make the organization the effective advocate for civil and human rights that it has become. There is no question that Rev. Jackson is the visionary. According to Trade Bureau Director Marshette Turner, “Our job is to make the vision real. We do the follow up, design and implement the programs and respond to the calls for assistance.” Today, Rev. Jackson is crusading to Reduce the Rate (for college student loans) that experts say are saddling too many young Americans with tens of thousands of dollars in crippling student debt. Education Director Dr. Bonita Carr has implemented a petition drive to galvanize popular support for better financial aid so that college grads don’t start their professional lives deeply in debt. Her department also produces an annual college tour and routinely screens hundreds of applications to the PUSH Excel’s scholarship programs. Kimberly Marcus, an innovator and trailblazer, orchestrated the first ever Federal Communications Commission (FCC) hearing at a civil rights headquarter in September 2007. All 5 FCC Commissions gathered at Rainbow PUSH Coalition in Chicago, IL to participate in a media ownership hearing were more than 2000 people testified on the importance of women and minorities having an equal opportunity to enter into the very white male dominated world of media ownership. In 2007 when Rev. Jackson began to warn the nation that home mortgage foreclosure was a “tsunami” that would engulf the nation’s economy, Jackson went to policy makers like Senator Chris Dodd and Congressman Barney Franks to say, “restructure mortgages, don’t repossess homes.” Janice Mathis, a lawyer with RPC working out of the Atlanta office, immediately began to assist families facing foreclosure work with their creditors to modify toxic mortgages. Janice recently arranged for Rainbow PUSH to file a brief with the Supreme Court when Section V of the Voting Rights Act recently came under legal attack and organized the huge Keep the Vote Alive march and rally in Atlanta in 2005.Glenda Gill, a highly respected automotive expert in her own right, makes sure that black dealers and suppliers are heard when automotive contracts are being negotiated. It was Glenda who spearheaded the research that forced Toyota’s historic $7.8 billion dollar diversity initiative and she also worked to expose race-based auto loans, resulting in better industry practices and hundreds of thousands of dollars in compensation. According to Glenda Gill, “Rev. Jackson sets the agenda…the women in the organization (and highly capable men) set the table to make the dream a reality.” Women in the upper echelon of Rainbow PUSH leadership are part of the organization’s tradition. Mrs. Jacqueline Jackson has been a key confidante and advisor to Rev. Jackson for decades. She went to Cuba and to Syria before Rev. Jackson did, and in many ways introduced him to foreign policy. Rev. Willie T. Barrow, chair emeritus of RPC keeps an active schedule of speeches well into her eighth decade of service. So far, women have rarely led major civil rights organizations – and those that do are typically widows of a slain organizational President. The Movement remains a largely male-led bastion, with a few exceptions. Mrs. King created real power as Dr. King’s widow and Myrlie Evers (widow of Medgar Evers) briefly led the NAACP. Melanie Campbell, President of the National Coalition on Black Civic Participation is a rare exception. But the women of the Rainbow are undaunted. “The day will come when a woman leads a major civil rights organization. Women have too much talent and commitment to be ignored.”Janice Mathis
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Obama Sides with Shut Out Workers in Chicago

President-elect Obama, usually carefully scripted, gave a candid insight into his views on the economy on Sunday, December 7, 2008 at the close of a press conference on Veteran's Affairs. He indicated that if workers have earned benefits, such as severance and vacation pay, they should receive them. He also indicated his general support for the workers' call for Bank of America, recipient of federal investment, to reinstate Republic's line of credit.

At the end of the press conference announcing that General Shinsheki will take the position of Secretary for Veteran's Affairs, a journalist asked Mr. Obama whether he agreed with Rev. Jesse Jackson's call for benefits for workers at Republic Windows and Doors, a Chicago manufacturer closing its doors on only three days notice. Workers have staged a peaceful demonstration at the plant, refusing to leave until their demands are met.

Without acknowledging Jackson's role in the dispute, Obama clearly indicated his preference for Main Street relief, along with Wall Street Bailout. Workers chanted, "they got bailed out...we got sold out" on the streets of Chicago on Saturday. Jackson met with the workers and has contacted Bank of America to urge reinstatement of the company's line of credit.

It will be interesting to see whether Mr. Obama's economic team, with close ties to Wall Street, will implement the President's sentiments, or side with Bank of America. Earlier in the Sunday press conference the President-elect indicated that "getting people back to work is out top priority now." Stay tuned.

Auto Industry - Investment Crucial

CREATIVE INTELLIGENCE ASSOCIATES
110 SOUTH CALHOUN STREET
GREENVILLE, SC 29601
(864-232-0809)


INVESTING IN U.S. AUTO MANUFACTURERS

(Atlanta, GA- November 24, 2008) A vibrant U.S. auto manufacturing industry is vital to the nation’s (and the world’s) economic security. Given the grilling that members of Congress gave industry heads last week, it is understandable that many Americans are asking themselves, “Why?”
Among other reasons:
1. one of out ten jobs in the U.S. is tied to the auto industry
2. auto manufacturing is the backbone of domestic manufacturing
3. more than 1000 parts are needed to build an auto – if domestic manufacturing tanks, so do those suppliers, from tires to windshields, to computer systems
4. the quality of Big Three autos is much better than their reputation – reliability has vastly improved from the 1980’s and 1990’s
5. the auto industry is part of the real – not financial- economy, where most economists believe that the real solutions to the economic mess will be found
6. trouble in the auto industry is now spreading to the “transplants”, or foreign-based manufacturers
7. faced with a global threat of terror, the U.S. should not surrender its vehicle manufacturing capacity entirely to foreign entities
8. the auto industry is “too big to fail”

So far, we have only bankruptcy and government bailout have been offered as solutions to the problems facing the auto industry. After week-end rescues of AIG and Citigroup, Americans rightfully feel “bailout fatigue.” Neither bankruptcy, nor government bailout are optimal.
After much thought and consideration, we have a better plan. There are private partners who can and should intervene to reinvest in one of America’s most important industries. We call on the Treasury Department, the FDIC, the FTC and the Departments of Commerce and Labor to negotiate a plan for the multi-national oil companies to support and invest in the domestic auto industry. This makes sense for a number of reasons, including:

1. During quarter ending September 30, 2008, the oil companies made record profits. For example, BP and Exxon Mobil earned about $25 billion during that period. They have the financial strength to invest in auto manufacturing

2. Oil company investments in domestic auto production is fair - no industry has benefited more from Detroit’s stubborn insistence on opposing improved gas mileage

3. To protect their investment, oil companies would finally have real incentives to move beyond gas-powered vehicles to electricity, hydrogen and other alternatives

4. Investing in auto manufacturing gives the oil companies real incentives to move beyond oil to electric and hydrogen-powered vehicles
We are convinced that this plan can work, with government assistance, but without federal/taxpayer dollars. A number of strategies are possible, including:
1. purchase of auto company stock by oil producers and refiners
2. oil industry guarantees of auto manufacturer debt
3. joint ventures to promote new technology, such as electric car batteries
4. oil company purchases of auto manufacturers
5. oil company purchases of troubled dealer franchises
6. creation of an industry-wide equity investment fund
7. save domestic auto production bonds, underwritten by oil interests

These strategies probably don’t require legislation, although they may require easing competition rules. We believe this plan is better than either bankruptcy or government bailout because it is cheaper and more effective.

Election Day is November 4, 2008

SISTERS IN LAW PREDICT 2008 Presidential Election
Barack Wins By 10 Electoral Votes: 274 to 264
Votes are allocated based on the 2000 Census.
Total Electoral Vote: 538; Majority Needed to Elect: 270

Alabama 9 McCain
Alaska 3 McCain
Arizona 10 McCain
Arkansas 6 Toss Up
California 55 Obama
Colorado 9 Obama
Connecticut 7 McCain
Delaware 3 Obama
D.C. 3 Obama
Florida 27 McCain
Georgia 15 McCain
Hawaii 4 Obama
Idaho 4 McCain
Illinois 21 Obama
Indiana 11 Obama
Iowa 7 Obama
Kansas 6 McCain
Kentucky 8 McCain
Louisiana 9 Toss Up
Maine 4 Obama
Maryland 10 Obama
Massachusetts 12 Obama
Michigan 17 Obama
Minnesota 10 Obama
Mississippi 6 Toss Up
Missouri 11 Obama
Montana 3 McCain
Nebraska 5 McCain
Nevada 5 Obama
New Hampshire 4 Obama
New Jersey 15 Obama
New Mexico 5 Obama
New York 31 Obama
North Carolina 15 McCain
North Dakota 3 McCain
Ohio 20 McCain
Oklahoma 7 McCain
Oregon 7 Obama
Pennsylvania 21 McCain
Rhode Island 4 Obama
South Carolina 8 McCain
South Dakota 3 McCain
Tennessee 11 McCain
Texas 34 McCain
Utah 5 McCain
Vermont 3 Obama
Virginia 13 Obama
Washington 11 Obama
West Virginia 5 McCain
Wisconsin 10 Obama
Wyoming 3 McCain

________________________________________

Personal Injury

If you are injured through the negligence of another, you may have a personal injury claim against that person. One way to define negligence is an act carried out without regard for the safety of others. If someone injures you without regard to the proper standard of care, their carelessness may entitle you to compensation. In every negligence claim, the injured person has the burden of proving every element of the case.

In addition to negligence, the injured person must prove causation and damages. Causation is the nexus between the negligent act and the damages incurred. In other words, but for the negligent act, would the person have suffered the damages.

Damages take many forms, including medical bills, lost wages, loss of consortium, permanent or temporary disability.

In order to prove the elements of the case, it is important for the injured person to preserve evidence relating to the claim. Police reports, medical records, photos of a damaged vehicle, coroner and autopsy reports, as well as witness statements are all important forms of evidence in various types of injury claims.

If you have been injured through the negligence of another, take the following steps:

1. seek medical attention if you are in pain
2. photograph the scene of the incident
3. photograph any injuries to your own body
3. get contact numbers and statements from any eye witnesses
4. notify the at-fault party that you intend to seek compensation
5. notify your own insurer, if applicable
6. seek legal advice quickly - statutes of limitation can bar your claim if not made timely