QUICK STORY BEFORE PICKING A CAREER PATH
Monday, May 14, 2012
College Motivator #12: Figure out if you are a “structure” person or...
QUICK STORY BEFORE PICKING A CAREER PATH
Saturday, May 12, 2012
College Motivator #73: Live Life with No Regrets, but...
Live life with no regrets but understand the consequences of your decisions. Your professors should understand that you need to miss class to attend a job interview. However, you will still be responsible for getting class notes and making up any required work.
QUICK STORIES FOR COLLEGE LIFE
Saturday, May 5, 2012
99 Motivators for College Success in Patch
Book Gives Tips for College Success
Wednesday, April 25, 2012
Never crush anyone’s career dreams (Excerpt, 99 Motivators for College Success)
Thursday, April 19, 2012
99 Motivators for College Success book: High School Graduation Gift
I. Motivators for Success in Picking a Major or Career Path (Motivators 1-33)
- Quick Stories Before Picking a Career Path
II. Motivators for Success in the Classroom (Motivators 34-66)
- Quick Stories from the Classroom
III. Motivators for Success in Adjusting to College Life (Motivators 67-99)
- Quick Stories for College Life
Other Sections include:
- Read the Contract! (and other Lessons)
- Graduation
- Epilogue: L.I.G.H.T. B.U.L.B. Moments for New Professors and Teachers
Appendix:
- How to Study for Straightforward Multiple Choice Questions
- How to Approach "Application" Multiple Choice Questions
- How to Write a College Essay Exam Answer
- Bonus: How to Write a Law School Essay Exam Answer
- Books that Motivate Professor Binder
Wednesday, March 28, 2012
99 Motivators for College Success: Prologue
© 2012 Perry Binder, LLC
I never dreamed of being a college professor. Does anybody? When my third grade teacher asked us about our dream job, Molly said an astronaut; Evan, an actor. Perry: “Obtain a terminal degree and lecture on legal morasses.”
Every college student wants a good laugh, I think. Humor can be found even in the most stressful situations. For example, I tell students that I can't offer legal advice. But that didn't stop "Steve" from calling me after class in a panic: “The judge gave me ten days for speeding; they’re taking me away!”
So that night, I drove to the county jail, where the innkeeper ushered me into a tiny drab room facing glass. Steve appeared on the other side, looking weary and wearing an ugly orange jumpsuit. I never practiced criminal law, so I just put my hand up to the glass and spread my fingers apart because I saw that done on TV. Steve finally smiled and put his hand up to mine. He told me what happened, but all I could do was stare at our mitts and think: “Hey, this TV hand thing really works!”
While Steve's dilemma was no laughing matter, I use that story on the first day of class to set the tone for our semester: Understanding the law is serious business and applied unequally to young college students without counsel. But we will laugh and learn a lot together.
To me, humor for the college crowd mixes audience participation with storytelling about the bizarre world around us. Consider this recent headline: Man Pleads Guilty to DUI in Motorized Recliner. Who knew the law could be so funny? But college isn’t all about laughs. At times, many students feel anxiety and intimidation, mixed with a lost feeling in class, in career direction, and in life. That’s where this book comes in.
99 Motivators™ for College Success offers my thoughts from over twenty years of college teaching. The Motivators are presented in bite-sized tips and quotes. Most are serious, some are quirky, and hopefully they are all constructive and motivational.
The book is divided into three sections:
I. Motivators for Success in Picking a Major or Career Path
II. Motivators for Success in the Classroom
III. Motivators for Success in Adjusting to College Life
Each Motivator contains space to jot down notes when a tip or quote resonates with you. At the end of each section, three “Takeaways” highlight the overarching Motivator themes, and then you are challenged to apply these concepts by writing three Personal Motivator Goals.
Three sections. Ninety nine Motivators. Nine Takeaways. Nine Personal Goals. This book will make you think hard about what you want out of your college experience and career in an easy to access format.
99 Motivators™ for College Success offers guidance on how to study for multiple choice exams, with sample questions and answers. Further, this book shows you how to write organized essays, by providing a sample essay exam question with model college and law school level responses.
99 Motivators™ for College Success is not only for people heading to college or already in college. It is also for the parents of students to better understand what’s expected of children in college, and the pressures they face from professors, peers, and family members.
99 Motivators™ for College Success is for high school teachers and guidance counselors, and anyone else who facilitates the difficult transition process from high school to college for students. Finally, this book is for new and seasoned college professors seeking a fresh perspective on teaching.
If you are looking for a textbook on the A-Z steps for college and career success, then this book is not for you. Frankly, I am skeptical of books which promise a neat roadmap or a cure-all to the pressures of college or the work world. Instead, the value of 99 Motivators™ for College Success is an opportunity for positive introspection on college and careers, with quick messages and jolts to your nervous system.
In 99 Motivators™ for College Success, I am one part professor, one part college tour guide, and one part cheerleader. Let’s get started on the path to college success, but first, my student Steve’s verdict: I referred him to a criminal defense lawyer but Steve still spent three days in jail for speeding. It would've been zero if he had an attorney at the outset, which shows that maybe nothing is funny about the law after all!
Available on Amazon (click here)
Monday, March 12, 2012
Overheard from Perry's Former Students, for his College Success Book
Available on Amazon (click here)
"Way Too Kind" Testimonials from Professor Binder’s Former Students
Professor Binder cares about his students and our world. He makes you think and ask yourself: How can I apply this to my reality and bring about justice? Zyna Adams
Perry's teaching style is unusual, and his classes were one of the main reasons I decided to go on to law school. Allen Bearden
Perry's unique and humorous ways of relating to his audience have inspired me to enhance my presentations when teaching classes at work. Though I cannot use his Pawn/Porn Shop example, I have found myself channeling Perry to make dry topics a lot more interesting. Jason Belford
On Professor Binder’s class project, I searched through a sea of county real estate records, discovered a family estate dispute on a piece of neighborhood property, wrote a legal letter to the parties involved, and got an A on the project! Aubree Lundie Bergmann
Perry doesn't bore you with repetitive slideshows; each class he has a stand up lecture that is truly interesting and very engaging! His real life examples of the material being taught are often hilarious, especially coming from Perry's hilarious, yet ingenious perspective! For extra credit, I created a video and posted it on his Facebook wall about a particular case. David Brown
Professor Binder ensured there was never a dull moment of class because he truly cared about teaching and motivating his students to learn. I will never forget coming back from surgery and the first thing he does is start the class on a welcome back chant for me. Kevin Clodfelter
Perry's class was more than just another class for me, it was a decision making catalyst, and had a huge impact on my future. His classes were the ones that I felt passionate about and never bored. Kevin Crayon
Mr. Binder is the Michael Jordan of teaching. I say that because he isn't the best at any one thing when it comes to teaching but he is above average in all categories from knowledge, to humor, to understanding the college student. His humor made me interested, and I like how he would try different approaches in class. Harlem Duru
Professor Binder’s exuberant attitude towards the subject matter really motivated me to be engaged in his lectures. Ari Edlin
Perry is so entertaining in the classroom that one often wonders why he hasn't taken up comedy as another career. But where he truly shines is in creating a sense of mutuality--and in doing so makes his students feel like we are part of an experience, not a top-down lecture. Jennifer Flome
I appreciated Perry’s commitment to helping my classmates and me go beyond our limited backgrounds and cultures and blossom into informed and caring professionals. My experience in his “Perry-Legal” course was a wonderful introduction into the world of the legal profession. Thanks for your help in unlocking my “rubber room.” Anthony Gerald
Class with Mr. Binder is truly a college experience like no other! With his innovative teaching style and the way he communicates to his students, you cannot help but learn and absorb his lessons with ease. My college experience was made much better because I took his class! Gabe Heslop
Two essential lessons that Perry's class taught me are: important information is everywhere if we spend the time to look closer; and it's more meaningful to find humor in our daily lives than to live with fear, pessimism, or divisiveness. Those lessons go a long way toward finding happiness and reaching the success that we all imagine. Thomas Hodges
Being in Perry’s class brought excitement to the legal system, as his methodology to teaching and learning processes were always relayed by humor. It showed that there are more engaging ways to learn law without necessarily having to read and research alone - by relaying real-life situations with laughter and enthusiasm. Frank James
Having Perry as my professor, you never knew what to expect. He may be quiet and subtle at the beginning of your class and standing on the desk dancing around by the end. Thanks to Perry, I am able to handle a lot of the "unexpected" twists and turns that are found in so many of the cases and with so many of the clients. Jane Glaze
Professor Binder's class was simply amazing - there's really no other way to describe it. Hands down, it was my favorite class. His teaching style coupled with his humor made the class so interesting and kept us engaged the entire time. The best part was that he actually motivated his students, making us WANT to learn and succeed. Anita Kathuria
Professor Binder is an amazing professor as he teaches in ways that students find interesting and will always remember. It was because of Professor Binder that I was inspired to go to law school and am forever grateful for taking his classes. Nina Kathuria
Perry Binder is the only Professor I have known that practically encourages his students to yell out " Yo Prof" in class. He is charming and witty, keeping his class entertained with jokes and funny mannerisms. The class is engaged in discussions and learning new things about the law and how it relates to everyday life without even realizing it. Jaskirat Kaur
Professor Binder keeps his class interesting and fun. You will laugh, be entertained and learn so much about law. I never knew that law could be fun until I had Professor Perry - he is the best! Mindaugas Michael Judvytis
Taking Perry's class is the best way to spend a summer! If there's one thing I learned from his class, it's: Don't serve the coffee too hot! Taylor Nations
I took Perry Binder’s class my freshman year of college. Although it has now been over a decade, I remember his class as the one I most looked forward to because of his passion and knowledge of the subject, magnetic charm, and outgoing personality. Today, I consider Perry a friend and his determination has encouraged me to continue my education throughout grad school. Sherlene Nelson
Perry Binder was not only a Professor, but a Mentor. Expect the unexpected - his courses were never dull, making sure students were always personally challenged. His classes were not about memorizing material, but taking it and applying to real-life scenarios. To date the best Professor I have had. Lizette Olaechea
Professor Binder’s class was a great bridge between an undergraduate program and a law school. Any prospective law student should definitely consider enrolling the courses conducted by Professor Binder. David Pyun
Dr. Binder is a brilliant mind whose contagious unbridled enthusiasm, coupled with captivating antics, make his class educational and fun - while providing a true Socratic learning experience. I highly recommend his class to anyone, especially those considering law school. Caveat Emptor: Beware, not all professors in law school teach like him, so don't be fooled! Kash Rambhotla
Perry would often tell us, ‘It's good to be the judge.’ After taking two semesters with him, both full of inspiring stories, fascinating reads, and guaranteed laughs, I would have to disagree - it's good to be the student. Jasmine Shergill
Perry’s sense of humor and vast amount knowledge truly inspired me to learn and achieve at higher levels. He has a gift of being able to teach in a way that provides you with the ability to remember the lesson for years to come. I have a sincere thankfulness for the desire to never stop learning - that is priceless. April Sohayda
To have shared a classroom with Perry was not only a learning experience, but a trajectory for life. One that influenced our family onto better things, including my daughter becoming an attorney. Vincent Suero
Taking a class with Professor Perry Binder may look like a typical law class from the outside, but once you experience his enthusiastic teaching style which blends insightful real world scenarios with theoretical legal precedents, you will depart every class looking forward to the next one. His witty, intelligent, and often comedic presentation of information not only grabs your attention while in class, but encourages you to find practical application of the legal world in our daily lives. Jason Thomas
Perry’s enthusiasm was contagious and my cheeks would be sore from laughing after every class! Each lesson was followed by real life examples and he had an awesome way of putting a hilarious twist to them. I wish I would have just gone to Perry Binder University! I took every single undergrad class he taught. Kevin Walkup
Professor Binder’s class was the one that I looked forward to most on Mondays. It opened my mind to both the challenges and rewards that exist in the legal field and influenced me to pursue a law degree. Ashley Woolard
Sunday, October 9, 2011
7 Things the Amanda Knox Case Taught Us About Studying Abroad
Many thanks to Doug Bremner who provided Italian translation below...
Studying abroad is a great opportunity to learn about other cultures and yourself. However, the Amanda Knox case has prompted students to be more mindful of their actions abroad. In 2010, I had the opportunity to teach in Northern Italy and critically compare the Italian and U.S. court systems. As I prepare to teach in Italy next summer, here's a short list of items that students should know before leaving the States to their study abroad country:
1. Keep a translated statement to police in your pocketbook or wallet. Before my students travel, each of them will carry two copies of this statement, translated into Italian: My lawyer has advised me not to talk to anyone about any criminal matter. I do not wish to answer any questions without my lawyer in the room. I have the phone number for my lawyer with me.
Italian: Il mio avvocato mi ha consigliato di non parlare con nessuno qualcosa questione criminale. Non voglio rispondere ad alcuna domandai senza il mio avvocato nella stanza. Ho il numero di telefono per mio avvocato con me.
Sunday, September 25, 2011
93-Year-Old Woman Still Teaching After 72 Years
If experience counts in the classroom, there's a teacher in Missouri that's hard to beat.
Still inspiring students, she's 93-years-old and has been teaching for 72 years. Marjorie Allen [says...] "With someone else's life, you can make it happy. See their family and be a part of their world."
Continue reading 93-Year-Old Woman Still Teaching After 72 Years
Friday, September 9, 2011
Instilling Professionalism & Humor in an Adversarial System
This year, let's raise the bar on Professionalism among Paralegals and attorneys.
"Instilling Professionalism & Humor" is based on many presentations I've conducted over the years for Paralegal organizations, law firms, and companies.
PARALEGAL SEMINARS (90 min.) & KEYNOTES (45 min.)
CONTACT PERRY
Member: The Florida Bar, ASTD
MPI Platinum Program Speaker, 2009-present
Thursday, August 11, 2011
Upcoming 9/11 Trial Isn't About Money But Elusive Justice
Please forward to others, post on Facebook, and even post comments.
The Upcoming 9/11 Trial Isn't About Money But Elusive Justice
"Money is the universal lubricant. It makes it easier to go on with one's life."--Judge Alvin Hellerstein
Ten days after Sept. 11, 2001, Congress passed the September 11th Victim Compensation Fund. The law was designed to provide government relief to family members of victims and to those who were injured on the ground. In order to participate in the program, which paid out over $7 billion, claimants waived the right to litigate.
Of the 96 families that chose to litigate, all eventually settled except for one. The wrongful death trial against United Airlines and airport security firm Huntleigh USA begins Nov. 7, 2011, more than 10 years after victim Mark Bavis left Logan Airport in Boston on UAL Flight 175, the second plane to hit the World Trade Center.
Continue Reading:
http://www.huffingtonpost.com/perry-binder/9-11-trial_b_923234.html
Tuesday, July 26, 2011
9-11 UAL Flight 175 Civil Trial Begins in November
As a native New Yorker, I am personally connected to the events surrounding 9-11, and have commented on the Victim Compensation Fund and ensuing litigation for media outlets including The New York Times, Associated Press, and CBS Radio. My position paper on 9-11 Airline Liability and letters to Judge Hellerstein and the NY Attorney General are available at http://www2.gsu.edu/~rmipzb/9-11.htm.
Of the thousands of claims made by victim families, only one family refused to settle, seeking answers rather than money on how the hijackers made it past security at Logan Airport in Boston, MA on September 11, 2001. The trial of Bavis v. United Airlines (Flight 175) is scheduled to begin on November 7, 2011.
I am working on an article about the upcoming trial, which will appear in The Huffington Post in early September 2011.
Judge May let 9/11 Lawuit Pursue Damages for Suffering on Doomed Flight
The final minutes of the passengers on United Airlines Flight 175, the second plane to strike the World Trade Center, were sheer horror, as reported in calls to the ground. The hijackers used pepper spray and knives. A flight attendant had been stabbed; both pilots had been killed.
Wednesday, July 6, 2011
Roger Clemens' comments can come back to haunt him
Below is what I said about Roger Clemens in 2008:
Famed criminal defense lawyer Alan Dershowitz, a law professor at Harvard, believes Clemens has walked into a perjury trap.
"My strong suggestion to Clemens is that he take the Fifth Amendment, and that he not walk into this perjury trap," he said.
But Hardin has said all along his client plans to testify today. That could be risky, says Perry Binder, professor of legal studies at the Robinson College of Business at Georgia State.
"Any time you've got stuff under oath by someone else or yourself, there's always the opportunity to be impeached with what you've already said," Binder said.
Dershowitz believes it's likely Clemens will face criminal prosecution at some point.
Well, here we are today.
Continue reading from 2008 article: It's T-minus one for Rocket
BRIAN McTAGGART, 02/13/2008 Houston Chronicle
Sunday, July 3, 2011
Teacher who dropped out inspires at-risk students
Excellent and inspiring article for students of all ages:
Tears well up in Deborah LaPlante’s eyes as she sits at the back of the Orleans Arena, watching intently as her students file one by one across the stage to receive their high school diplomas.
As with most graduations, it’s a joyful occasion. Parents are smiling, teachers are beaming and students are radiating pride and hope for the future.
LaPlante, a 51-year-old teacher at Chaparral High School, never experienced the triumph of a high school graduation. In 1976, she dropped out of Orange Glen High School in Escondido, Calif., just a few weeks into her junior year. She was 16.
Continue reading: Teacher who dropped out recalls experience to inspire at-risk studentshttp://www.lasvegassun.com/news/2011/jun/21/chaparral-teacher-uses-personal-experience-inspire/
Wednesday, June 22, 2011
Learning Empathy by Looking Beyond Disabilities
Excellent article in the NY Times for high school teachers:
The unusual lessons are part of a new effort, called the Pearls Project, to promote tolerance and empathy in a school culture where being different can mean social exile. Ridgewood teachers developed it this year in partnership with Positive Exposure, a nonprofit group in New York City founded by Rick Guidotti, a fashion photographer.
Mr. Guidotti, who has photographed supermodels like Cindy Crawford and Claudia Schiffer, began snapping pictures of children with genetic disorders in 1997. A year later, Life magazine published his photo essay on albinism, titled “Redefining Beauty.” His work with these subjects has also been displayed in galleries, medical schools and children’s hospitals, as well as at Harvard University and at the Smithsonian Institution’s National Museum of Natural History.
For the Pearls Project, Mr. Guidotti photographed 11 young people, each with a different disability. He also arranged for them to blog about their experiences and answer questions from the Ridgewood students. The subjects are identified only by their first names — Byron, Ashley, Rebecca, et al. — and come from various states.
Continue reading Learning Empathy by Looking Beyond Disabilities
http://www.nytimes.com/2011/06/22/nyregion/at-nj-school-learning-not-to-look-away-from-the-disabled.html?_r=1&ref=educationSunday, June 19, 2011
The Importance of Education, from Walt Frazier
Former NY Knicks basketball legend Walt Frazier discusses the importance of education:
"I grew up in very humble beginnings in Atlanta, Georgia. I'm the oldest of nine kids -- seven sisters and one brother, so I often tell people when you grow up in a scenario like that, you either like kids or you hate them. I've had an affinity for kids for a long time. When I came to the Knicks, they were my most ardent supporters. They bought my books, they bought my Clyde sneakers, they attended my camp. So today I feel compelled to give back.
"One of the things I do under my Walt Frazier Youth Foundation is I go into the schools and talk about the importance of education and the abstinence of drugs and alcohol. I go to inner-city schools and I also go to the elite schools. I usually ask the kids, 'How can you improve your relationship with your parents?' Whether it be the inner-city school or the elite school, they say 'communication.' They say, 'My parents don't communicate.' I think you can't motivate people unless you communicate, so you gotta talk to those kids, look in those eyes when they come in, know what they're doing, know their friends, and that's going to be essential for their success.
Continue reading Walt Frazier recognized as a "Fab Father"
http://espn.go.com/blog/new-york/knicks/post/_/id/5404/walt-frazier-recognized-as-a-fab-father
Sunday, June 5, 2011
Speaking for GAP during Paralegal Week: June 13th CLE Luncheon on Professionalism
I hope everyone in Metro Atlanta joins me for a FUN (I promise) CLE Luncheon for The Georgia Association of Paralegals (GAP):
Instilling Professionalism and Humor in an Adversarial System
Perry Binder, J.D.
DATE: Monday, June 13, 2011
TIME: 12:30 pm – 2:00 pm (Lunch, then speaker will begin at 1:00 pm)
LOCATION: Nelson Mullins
Atlantic Station Atlantic Station
201 17th Street NW, Suite 1700
Atlanta, GA 30363
COST: Free
SPONSOR: ParaNet
DEADLINE: June 10, 2011
REGISTRATION: Registration online. Open to the first 40 registrants.
http://www.gaparalegal.org/June13_rsvp.shtml
Former civil litigator turned professor, Perry Binder, offers paralegals a mirror to reflect on unacceptable behavior witnessed in the practice of law. Participants get to “learn by example,” with Perry’s original and hilarious lessons. The ultimate goal of the session is for paralegals to envision living a rewarding professional life, through civility, humor, humility, and stress reduction. Perry uses examples dealing with law or other professions to draw behavioral parallels evidenced by legal professionals.
http://perrybinder.com/ParalegalTopics.htm
Thursday, June 2, 2011
Bad Luck and Hard Times on the Menu at a Bus Terminal in West Virginia
Thursday, May 26, 2011
"Illegally Funny" in the Classroom article in NSA Speaker Magazine
As a proud member of NSA, the National Speakers Association, I wrote this month's "Humor Me" column in Speaker magazine. Enjoy!
Illegally Funny
I never dreamed of being a college professor. Does anybody? When my third-grade teacher asked us about our dream job, Molly said astronaut. Evan: actor. Perry: Obtain a terminal degree and lecture on legal morasses.
Continue reading by clicking .jpg to the left (enlarge article by clicking .jpg again)
Perry
Thursday, May 19, 2011
Oprah's Inspiring Fourth-grade Teacher, Mary Duncan
As Oprah winds down 25 years, she recalls her inspiring moments:
One of the defining moments of my life came in fourth grade—the year I was a student in Mrs. Duncan's class at Wharton Elementary School in Nashville. For the first time, I wasn't afraid to be smart, and she often stayed after school to work with me. I thought I would one day become a fourth-grade teacher.
http://www.oprah.com/oprahshow/Oprahs-Top-20-Moments/3
Reunion: Oprah's Favorite Teacher was on the Show - Includes Video http://www.oprah.com/oprahshow/10-Memorable-Oprah-Show-Reunions/2
Saturday, April 30, 2011
Race to Nowhere Movie Review
This documentary is an interesting response to Waiting for Superman. Excellent movie review in Slate...
By the end of this school year, about half a million people will have watched the documentary Race to Nowhere. This stealth juggernaut can't be seen on TV, in any multiplex, or on DVD. But since the fall of last year, it's been shown almost 2,000 times in school auditoriums and community centers across the country—mostly to parents beset with the fear that they're blowing the raising of their kids. The emotional discussions following the screenings—part catharsis, part call to action, part finger-pointing—are excellent introductions to the contentious debate about what we want from our kids and from the people who educate them.
First-time filmmaker Vicki Abeles, 49, a Northern California lawyer and mother of three, was moved to pick up a camera when her children started suffering from school-related headaches, stomachaches, and panic attacks. What she produced is a wide-ranging polemic against our current education system that is artless, occasionally overwrought, and undeniably powerful. It confirms—and stokes—the unease many parents have about how miserable much of childhood seems today. It also sets up Abeles as the anti-Amy Chua. In Battle Hymn of the Tiger Mother, Chua's thesis is that if you let up, your kid will become a coddled American slacker. Abeles offers the antithesis. She argues that part of America's greatness is born of our misfits and dreamers, that our gift to our children is time to engage in "aimless" play.
Continue Reading Battle Hymn of the Anti-Tiger Mother
By Emily Yoffe, Updated Friday, April 29, 2011
Sunday, April 24, 2011
Inspirational community college students swap ideas
But a large group of energetic and idealistic young college students gathered this weekend in San Jose to strengthen the one thing they can count on: one another.
In a competition of inspirational ideas for boosting graduation rates, teams of students from California's community colleges swapped strategies that ranged from peer counseling to a massive textbook exchange. The winners got grants worth up to $7,500 and one year of professional advice from the group Mobilize.org, supported by the Knight Foundation.
Sunday, April 17, 2011
Top 10 Spelling Errors in Law Papers
2- Going to trail (trial)
3- Singing (Signing) an Agreement
4- The Compliant (Complaint)
5- Tired (Tried) to flee the scene
6- Breech (breach) of contract
7- Statue (statute) of limitations
8- Legal principals (principles)
9- The principle point (principal)
A faulty (faculty) member – maybe the student got this one right
This entry was originally posted in July 2010
Sunday, April 3, 2011
Amanda Knox case update
The ‘collapse’ of the charges at the appeal court.
By Giangavino Sulas
April 2011, Perugia.
The scientific proof, finally entrusted to experts nominated by the appeals court and not just to the police, is deteriorating and opens up disturbing questions about the procedures used. The witnesses, who when they were not drug addicts (like Hekuran Kokomani and Antonio Curatolo), have problems of deafness, of physical as well as mental health serious enough to be hospitalized in the psychiatric department. (That is the case with Nara Capezzali).
This is the Perugia appeals court for the murder of the British student Meredith Kercher. Before the bar are two suspects and on the bench a good three prosecutors (a public prosecutor and two deputy prosecutors). A number worthy of a Cosa Nostra super trial. Evidently there are a few problems. And the problems unfailingly emerge.
If Meredith’s bra clasp, on which the prosecutor maintains is revealed the DNA of Raffaele Sollecito, is now rusted and no longer capable of being analyzed by the experts entrusted by the appeals court, and if the only witness who claims to have seen Amanda and Raffaele together the night of the crime has changed versions, advancing a “vision” of the previous night, what remains against Raffaele Sollecito, the young man from Puglia?
And what remains against Amanda if, always according to the experts, the amount of biological material found on on the knife, the presumed crime weapon, is a level too low to be able to reveal the genetic code? Recall that this is the biological material from which the forensic analyst extracted the DNA of Meredith (on the tip of the blade) and of Amanda (on the handle.)
On the blade there is no trace of bleach
The experts added as well another particular: there was no trace of bleach on that knife. Then it had never been washed to clean the traces as maintained by the forensic police. The only proofs against the two young people have been cleaned away, but Amanda and Raffaele remain in prison after three and a half years. The young man of Puglia has celebrated his fourth consecutive birthday in a cell.
March 26, 2001 was the day for Antonio Curatolo, the homeless man who, since he decided to follow the way of Christ (he defines himself as a Christian anarchist but admitted to make regular use of heroin and other drugs) spends his days and his nights on a Piazza Grimana bench, in front of the University for Foreigners. He appeared before the court because the lawyer Luca Maori, Sollecito’s defense lawyer, discovered a few too many holes in the testimony given by the homeless man to prosecutor Giuliano Mignini, six months after the crime.
Curatolo–who in the last few years in Perugia helped police resolve two heinous crimes thanks to his timely presence on the spot where they occurred–went to court to reveal that on the night of November 1st, 2007 he had noted, from 9:30 p.m until 11:30 p.m., Amanda and Raffaele in Piazza Grimana speaking animatedly. And he tied his memory to the presence of the shuttle buses that at that hour carry young people to the various discos outside of Perugia.
Testimony that destroyed the alibis of the two young people, who’ve always said that they spent the night of Nov. 1 watching a movie together. But there was something wrong with seeing buses on that night. In fact, the owners of the various discos, from Giorgio Brughini, father of Marco Materazzi, to the director of “siae di Perugia,” came to court to say that on the night of November 1, the night after Halloween, all their businesses were closed and the buses stayed in the garage. A solid blow to the prosecution, which quickly removed the tramp. And Curatolo had come into court accompanied by a prison guard.
The homeless man and the experts
He’s serving a sentence of one year and a half in prison for selling cocaine. And in November he can expect another trial for drug dealing.
Before the appeals court judges overturned his deposition: “It was Oct. 31 when I saw Amanda and Raffaele. I remember all the kids were in costume.” Clear reference to the night of Halloween. End of testimony. Curatolo has gone back to prison.
He’s not going to solve the third murder in Perugia. Carla Vecchiotti and Stefano Conti, professors at Sapienza University in Rome, are the experts chosen by appeals court judge Claudio Pratillo Hellman when he decided to reopen the investigation and to appoint non-partisan experts because of too many obscurities in the courtroom.
In the first trial, independent experts had inexplicably been rejected.
The two experts should determine whether forensic science can verify what the police verified and whether the (police) forensic expert, when looking at the hook and the knife, applied the cautious protocols established for this analysis and if they can identify contamination.
For the knife, they seem already to have reached a conclusion. After taking samples from different points of the blade, they found an insufficient quantity of biological material. Insufficient to obtain genetic profiles for testing. Then how could they get the DNA of Amanda and Meredith?
The prosecutor Giuliano Mignini is quick to point out: “We knew that very little material was available and that the lab test done by the police was unique because it used up all there was.”
Then why did the court order new tests? In reality, the two experts rejected the work of the police, saying “on that knife there was never enough to get biological material to get DNA profiles.”
This is the truth that emerges from the sensational and shocking new report.
Chain of errors.
And the discovery made on the second finding is even more astonishing. When the experts received the bra clasp of Meredith, they found it covered with rust. “Could not be tested,” they ruled.
But where and how it was this important piece of evidence preserved? How is it possible that nobody thought to keep it sealed in a vacuum bag? The history of this clasp after Raffaele Sollecito’s three and a half years in prison really is unique. On the afternoon of November 2, 2007, it was found under the body of Meredith by medical examiner Luca
All of a sudden, someone remembered the hook. They rushed to recover in a house that had, in the meantime, undergone two searches. They found it and, surprise, there was the DNA of Raffaele.
Now there’s just rust.
http://blog.seattlepi.com/dempsey/2011/04/03/new-revelations-no-evidence-against-amanda-knox-and-raffaele-sollecito/Friday, April 1, 2011
Instilling Professionalism and Humor in an Adversarial System
Yesterday, I was the general session speaker for a Litigation Paralegal Conference. I asked participants for one word answers on the positive aspects and negative aspects of the legal profession. A sampling:
Positive aspects of the legal profession
Justice (4 people), help others (2), Electronic discovery (2), equitable, resolve issues, equal, service, interesting, fairness, nothing is the same every day
Negative aspects of the legal profession
Injustice (3 people), chaotic, time, rules, slow, frustrating, too serious, disparity, time sheets, difficult, adversarial, lack of communication, unethical
....................................
Spring Break
On a different note, this is spring break for many public school children. I found a good Op-Ed for us all to read as we think of and thank our teachers who get a well deserved rest:
What I Learned at School
THE tumult over state budgets and collective bargaining rights for public employees has spilled over into resentment toward public school teachers, who are increasingly derided as “glorified baby sitters” whose pay exceeds the value of the work they do.
But how exactly do we measure the value of a teacher?
http://www.nytimes.com/2011/03/31/opinion/31lee.html?_r=1&ref=education
Monday, March 28, 2011
Wal-Mart Gender Discrimination case - My Comments in 2003
As you may know, the U.S. Supreme Court agreed to hear this case.
At issue is whether the justices should allow certification of the largest class-action employment lawsuit in U.S. history, a long-standing dispute against mega-corporation Wal-Mart Stores Inc. over alleged gender bias in pay and promotions. Arguments in the case are Tuesday morning and ruling can be expected by late June.
http://www.cnn.com/2011/US/03/28/scotus.wal.mart/
My Comments to various media outlets in 2003 and 2004:
USA Today:
"The potential damages are huge," says Perry Binder, a legal studies professor at Georgia State University in Atlanta. "Other businesses will watch this very closely."
http://www.usatoday.com/money/industries/retail/2003-09-24-walmart_x.htm
The Associated Press:
Perry Binder, an assistant professor of legal studies at the Robinson College of Business at Georgia State University in Atlanta, said the judge's ruling will be critical for both sides.
"Any time a class gets certified, there is power in unity. Any time a class-action suit is not certified, then you have to have individual plaintiffs filing individual lawsuits," Binder said.
"This is the biggest leverage point -- which party's got the leverage is the biggest (aspect) of a lawsuit," he said.
The plaintiffs describe several examples of discrimination, including a required meeting for female managers that was held at a strip club. Another meeting allegedly occurred at a Hooters restaurant, which is known for scantily clad female servers.
"The key is whether there is a systematic, across-the-company level of gender discrimination," Binder said. "What the plaintiffs have to prove is that this truly is a (men's) club."...
Binder said the plaintiffs have to come up with "smoking gun documents."
"The key for the plaintiffs is to find documents that link Wal-Mart to nationwide discrimination," Binder said, making it clear he doesn't know whether such documents exist.
Binder said the plaintiffs have to subpoena electronic archives of internal e-mails, computer files, instant messages and the like.
"This is going to be a very costly proposition. This is what litigation is in the 21st century -- searching computer banks for so-called deleted e-mails," Binder said.
http://tinyurl.com/45etgk4The Atlanta Journal-Constitution:
Published on: 06/23/04
"Prior to [Tuesday's] rulings, Wal-Mart had zero incentive to settle this case," said Perry Binder, legal studies professor at Georgia State University's Robinson College of Business. "However, now the plaintiffs can fight on a unified front and have leverage to force the issue."...
Already the case has generated more than 200 depositions and a million pages of documents. One expert estimated if the case went to trial, damages could soar into the billions of dollars.
"If there was a settlement, it likely could dwarf the settlement in the Home Depot case," Binder said of the 1997 sex discrimination suit in which the Atlanta-based home improvement chain paid $104 million, without admitting wrongdoing, to 25,000 female employees.
AJC News Archives: http://tinyurl.com/4ztzq3qFriday, March 25, 2011
Professionalism & Humor for Paralegal Professionals
Instilling Professionalism and Humor in an Adversarial System
Below are some quotes I use in this presentation:
Quotes to get you through your hectic day
- Effective communication with your attorney
I really didn’t say everything I said. Yogi Berra
- Dealing with mistakes
So go ahead, fall down. The world looks different from the ground. Oprah Winfrey
- Handling ethical issues
Those are my principles, and if you don’t like them…well, I have others. Groucho Marx
- Getting work done with little fuss - qualities of the well-rounded and grounded employee
If I only had a little humility, I’d be perfect. Ted Turner
- Going to the next level, and what that means to YOU
It isn’t where you came from, it’s where you’re going that counts. Ella Fitzgerald
If you don’t know where you’re going, when you get there you’ll be lost. Yogi Berra
- Being proactive - taking responsibility/ownership for tasks
Life’s under no obligation to give us what we expect. Margaret Mitchell
When you come to the fork in the road, take it. Yogi Berra
- Knowing when to ask questions, and who to ask
Every great mistake has a halfway moment, a split second when it can be recalled and perhaps remedied. Pearl Buck
- Managing deadlines
Due to a lack of interest, tomorrow has been cancelled. Anonymous
- Dealing with conflict and adapting to change in a professional manner
The need for change bulldozed a road down the center of my mind. Maya Angelo
Change is good. You go first. Dilbert
- Teamwork
Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever does. Margaret Mead
Remember, nobody wins unless everybody wins. Bruce Springsteen
Former civil litigator turned professor, Perry Binder, offers paralegals a mirror to reflect on unacceptable behavior witnessed in the practice of law. Participants get to “learn by example,” with Perry’s original and hilarious lessons. The ultimate goal of the session is for paralegals to envision living a rewarding professional life, through civility, humor, humility, and stress reduction. Perry uses examples dealing with law or other professions to draw behavioral parallels evidenced by legal professionals.