Favorite Law Movies: A Civil Action

There are many great law-related movies, but the one that has special resonance for me is A Civil Action (1997).  In fact, back when I taught Civil Procedure, I required students to watch the film, and we had some really terrific class discussions about it.  The plot centers on a lawsuit brought by a group of residents of Woburn, Massachusetts, against several industrial polluters.  At the heart of the film is the confrontation between an up-and-coming plaintiffs’ lawyer played by John Travolta and a grizzled, big-firm defense lawyer played by Robert Duvall.  The Duvall character seems an avatar of the amoral corporate lawyer, whereas the moral status of the Travolta character seems more uncertain and may evolve over the course of the movie.

Both actors deliver deeply engaging performances, as do several other top-flight character actors in supporting roles.  (James Gandolfini is especially good as a blue-collar employee of one of the defendants who must decide whether or not to cooperate with the plaintiffs’ lawyer; he doesn’t have many lines, but he exudes this barely subdued rage, looking as if he would like nothing more than to punch somebody out, if only he could decide at whom he should really be angry.) 

But, in addition to great acting and a compelling story, there are lots of other reasons this movie really works for me.  (more…)

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Seventh Circuit Week in Review, Part I: Sentencing Issues

The Seventh Circuit had a busy week, with seven new opinions in criminal cases.  In this post, I will discuss just the three cases that focused on sentencing issues; a later post will cover the other cases.

In United States v. Alldredge (No. 08-2076), the court considered the reach of §2B5.1(b)(5) of the United States Sentencing Guidelines, which increases sentence length in counterfeiting cases if “any part of the offense was committed outside the United States.”  In return for forging forty checks for a Nigerian, Alldredge received $3,000 in fake currency from Canada.  She had not expected to receive fake currency, but decided to spend it anyway, resulting in her conviction for distributing counterfeit currency.  The district court increased her sentence based on the international dimension of the case.  However, as the Seventh Circuit (per Chief Judge Easterbrook) pointed out, none of Alldredge’s conduct occurred outside the United States, and the Guidelines generally make a defendant responsible only for the foreseeable conduct of others.  She did not anticipate that her international connections would provide her with counterfeit currency; indeed, she was in a sense a victim of their crime.  Bearing in mind that Alldredge was only convicted of distributing counterfeit currency (and not check forgery), no part of her offense was committed outside the United States, entitling her to a remand and resentencing. (more…)

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Obama and Lincoln’s Bible

Although every presidential inauguration is historically significant, some are more so than others. (Think about Coolidge’s 1925 inaugural — if you can.) President-elect Barack Obama’s upcoming inauguration is important for all the obvious reasons, yet it is intriguing to watch how skillfully he is using history to further underscore its significance while building legitimacy. Putting aside all the tripe about his “team of rivals,” Obama’s announced intent to use Lincoln’s Bible for the oath of office bespeaks how attuned he is to the use of symbols in our political (and legal) culture, particularly Lincoln’s legacy. Lincoln, too, skillfully used American history and religion to explain and to justify his actions.

Lincoln’s Bible resonates at different levels. First, it is deliciously ironic that a Democrat will make the first use of the first Republican president’s Bible since Lincoln himself in 1861. Second, the decision generated considerable press, which in turn subtly emphasizes Obama’s willingness to publicly embrace religion as part of our political discourse. Third, it poignantly ties Obama’s inauguration to the Civil War, the emancipation of the slaves, the country’s continuing struggles over race, and, of course, Lincoln himself. By using Lincoln’s Bible, Obama portrays himself as Lincoln’s heir. Lincoln’s Bible will become Obama’s Bible as well.

As an historian, I applaud Obama’s willingness to consciously craft historical memory and, most of all, his rich appreciation for symbols in American politics. (more…)

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