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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PBGC’s Millard Under Investigation for Shady Investment Practices

Pbgc A troubling story today from the New York Times regarding the relationship between the head of the Pension Benefit Guaranty Corporation (PBGC), the federal agency that insures defined benefit pension plans, and Wall Street.

From the New York Times:

As a New York money manager and investment banker at four Wall Street firms, Charles E. F. Millard never reached superstar status. But he was treated like one when he arrived in Washington in May 2007, to run the Pension Benefit Guaranty Corporation, the federal agency that oversees $50 billion in retirement funds.

BlackRock, one of the world’s largest money-management firms, assigned a high school classmate of Mr. Millard’s to stay in close contact with him, and it made sure to place him next to its legendary founder, Laurence D. Fink, at a charity dinner at Chelsea Piers. A top executive at Goldman Sachs frequently called and sent e-mail messages, inviting Mr. Millard out to the Mandarin Oriental and the Ritz-Carlton in Washington, even helping him hunt for his next Wall Street job.

Both firms were hoping to win contracts to manage a chunk of that $50 billion. The extensive wooing paid off when a selection committee of three, including Mr. Millard, picked BlackRock and Goldman from among 16 bidders to manage nearly $1.6 billion and to advise the agency, which Mr. Millard ran until January.

But on July 20, the agency permanently revoked the contracts with BlackRock, Goldman and JPMorgan Chase, the third winner, nullifying the process. The decision was based on questions surrounding Mr. Millard’s actions during the formal bidding process. His actions have also drawn the scrutiny of Congressional investigators and the agency’s inspector general.

I know, I know. This is Washington D.C. and unethical, if not illegal, practices like this should be expected. But I can’t help believing that a situation like this (if true) could have been avoided by simply putting into place some balance and checks on how the PGBC retirement funds are invested.

Three proposals: (1) Do not make the head of the PGBC an investment manager. The head of the PGBC should be a person well familiar with employee benefit plans and the law surrounding the management and operation of such funds. (2) Do not place the head of the PGBC on a committee that selects the investment firms.  Conflicts of interest need to be stomped out from the get go. (3) Obviously, an investment manager-type will be needed for advice on who to invest the money with.  However, such a person should completely disclose all personal and professional relationships and should be recused from dealing with those firms.

Is that really so hard?

[Cross Posted on Workplace Prof Blog]

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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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