The Beer Summit-A Restorative Justice Experience?

art.beer.summit.afp.giAs I listened to the political pundits argue about the “beer summit” that occurred at the White House yesterday, I am amazed by the debate as to whether President Barrack Obama, Professor Henry Louis Gates Jr. and Lieutenant James Crowley really gave us “a teachable moment.” There is no doubt in mind that they did. The only question is what they and all of us learn from that moment. President Obama appears, perhaps intuitively, to have utilized restorative justice principles when he suggested this meeting. The men came together in a “safe environment” to respectively talk about the harm that was caused by the others, the impact it has had on many people, and how to proceed in a positive way to help heal the harm as each of them saw it. Those are the tenets of restorative justice. People getting together in a safe environment for a difficult conversation on identifying the people who have been harmed (in this case by the others), identifying that harm and how can the “offender(s)” and the community look forward and work to repair that harm.

We certainly could see much of the harm unfold on the news and talk shows. Professor Gates, a highly respected scholar, gets arrested in his own home by a white officer. He (and many others) believes he has been treated unfairly because of his race. The officer, who with his fellow officers, including an African-American, believes he was doing his job because he is investigating a possible home invasion and has a man, in his opinion, who is uncooperative and verbally abusive. And we have a highly respected president, who usually is extremely careful with his words, announce that despite the fact that he does not know all the facts, that the police acted “stupidly.” Then we went on to learn that Lucia Whalen, who called in the suspicious behavior at Dr. Gates’ home, is now receiving death threats and being called racist despite the fact that she never volunteered anything about race to the 911 operator. We can then imagine the harm to the Cambridge police department, the African-American community in the Boston area, the family members of everyone involved and then of course the harm to the thousands and thousands of others who experience the renewed pain of some bad police/community member relations all over this country. We have some political pundits characterizing all police as men and women who routinely engage in racial profiling (never acknowledging that never does an entire profession engage in bad behavior so that the “good cops” are thrown into the same description as the “discriminating cops.”) Those kinds of comments not only demoralize police departments but also devastate family members of law enforcement officers. We have once again publicly displayed acts of racism (a Boston officer writing a letter describing Professor Gates as “banana-eating jungle monkey”). We know that the wounds of racism and profiling in this country are justifiably deep and painful. And we have a president, who is trying to focus on our national health care crisis, in part because of his own words, being embroiled in these events. There is not a question in my mind that this was an opportunity for all of us to watch and learn a better way to move forward other than our continuous name calling.

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Lawyer in Your Living Room

davidPapkeI enjoyed serving on “the jury” chosen by the American Bar Association to pick the top 25 law shows during the history of prime-time television.  Our list and sketches of the shows just appeared in the August, 2009 ABA Journal.  I was pleased but surprised that “The Defenders,” a fine series from the early 1960s ranked third.  The other top series – “L.A. Law,” “Perry Mason,” and “Law & Order” – are not only great law shows but also milestones in the history of entertainment television.  Meanwhile, I’m not sure “Law & Order: Criminal Intent” and “Law & Order: Special Victims Unit” deserve their places on the list.  I enjoy both, but they seem to me police procedurals rather than law shows.

If anyone is curious, here’s the full list:

  1. “L.A. Law” (1986-94)
  2. “Perry Mason” (1957-66)
  3. “The Defenders” (1961-65)
  4. “Law & Order” (1990-present)
  5. “The Practice” (1997-2004)
  6. “Ally McBeal “ (1997-2002)
  7. “Rumpole of the Bailey” (1978-1992)
  8. “Boston Legal” (2004-08)
  9. “Damages” (2007-present)
  10. “Night Court” (1984-1992)
  11. “Judging Amy” (1999-2005
  12. “Owen Marshall: Counselor at Law” (1971-74)
  13. “JAG” (1995-2005)
  14. “Shark” (2006-08)
  15. “Civil Wars” (1991-93)
  16. “Harvey Birdman, Attorney at Law” (2000-9)
  17. “Law & Order: Criminal Intent” (2001-present)
  18. “Murder One” (1995-97)
  19. “Matlock” (1986-1995)
  20. “Reasonable Doubts” (1991-93)
  21. “Law & Order: Special Victims Unit” (1999-present)
  22. “Judd for the Defense” (1967-69)
  23. “Paper Chase” (1978-79, 1983-86)
  24. “Petrocelli” (1974-76)
  25. “Eli Stone” (2008-09)
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Remembering Professor Wally MacBain

Former Marquette law professor Wallace Alexander MacBain, III passed away on July 17, 2009, as the result of complications from a fall at his home in Nashotah, Wisconsin.  Professor MacBain was born in Audubon, New Jersey, on March 21, 1933.  His father, Wallace A. MacBain, Jr., was a member of the Industrial Union of Marine and Shipworkers of America. 

Prof. MacBain graduated magna cum laude from Rutgers Law School in 1959 where he was also a member of the law review.  He spent the early years of his  professional life involved with school desegregation issues and served as a consultant to the United States government on that subject.  He joined the Marquette faculty in 1965 where he remained until his retirement at the end of the 1994-95 academic year.  As a faculty member, he served under Deans Seitz, Boden, DeGuire, and Barkan.

At Marquette, he served for several years as director of admissions (when that was still a position held by a faculty member).  Over the course of his career he taught a wide variety of courses, but his specialties were Constitutional Law, Civil Rights Legislation, and Conflicts of Law.  He was frequently quoted in the Milwaukee newspapers, and his most widely cited article had to do with the insanity defense.

His colleagues remember him as a devoted academic citizen and as a wonderful story teller.  He is survived by his wife as well as two children and two step-children and a number of grandchildren.

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