Thursday, June 2, 2011

Bad Luck and Hard Times on the Menu at a Bus Terminal in West Virginia




This article in The New York Times resonated with me, as someone who writes about West Virginia and who was a Greyhound ticket agent/baggage handler in New York state's so-called rust belt

Bad Luck and Hard Times on the Menu at a Bus Terminal in West Virginia

by Sabrina Tavernise

WEIRTON, W.Va. — The bus terminal in this old mill town used to be for people who were going places. Greyhound would take them to nearby Pittsburgh and Cleveland and other cities where the steel industry was booming. These days it is a diner where no one goes anywhere and regulars sit for hours smoking cigarettes, playing slot machines and talking about sports. it still has the same name, Bus Terminal, and a painted map with a clock for each time zone. But the promise of travel has long faded and the faces here remain the same, a cast of characters who fill the hours with verbal boxing.

CONTINUE READING:


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

Sunday, April 24, 2011

Inspirational community college students swap ideas

California is nearly broke, the educational system is struggling and the economy remains wobbly.

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.

Continue Reading: Inspirational community college students swap ideas

Sunday, April 17, 2011

Top 10 Spelling Errors in Law Papers

As students finish another semester with a flurry of papers, here's my list of mistakes that students (and attorneys) make all of the time

1- File a mew (new) motion
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)

10-Recover principle (principal), court costs, and interest

Honorable Mention…
A faulty (faculty) member – maybe the student got this one right

Painful Mention...
An attorney filed a Motion in court asking the judge for more time due to his upcoming back disk surgery; however, he mistakenly placed an unfortunate "c" where the "s" should be in the word "Disk."

This entry was originally posted in July 2010

Sunday, April 3, 2011

Amanda Knox case update

Here's an article from Italy which gives an update on the case, as provided by Seattle reporter Candace Dempsey:

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.

The bra clasp: The only bit of evidence said to link Raffaele Sollecito to the crime is too rusty to test.

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?

Continue reading:

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.



The 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/4ztzq3q

Friday, March 25, 2011

Professionalism & Humor for Paralegal Professionals

I'm the general session speaker for a Paralegal Conference on March 31 in Atlanta. My session is:
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.