Why the History of Section 1983 Helps to Understand "Black Lives Matter"

The violence in American history, and its political context, gives insight into the contemporary feelings of vulnerability of young black people growing up in the United States today.

By Sarah E. Ricks – March 20, 2017

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Section 1983 is the statutory vehicle for suits alleging violations of federal constitutional rights. The historical circumstances that led Congress to enact the statute in 1871 help to understand the contemporary “Black Lives Matter” movement.

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https://www.americanbar.org/groups/litigation/committees/civil-rights/articles/2017/why-the-history-of-section-1983-helps-to-understand-black-lives-matter/

American Bar association promotes Black Lives Matter History

article written about BLM Marxist organization By Sarah E. Ricks – March 20, 2017

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deletes RBG history of sex with children promotes un

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July 06, 2016

Pairing Legal Activism with Restorative Justice

Fabiani Duarte invites guest host Amanda Joy Washington to sit down with organizer, law student, and activist Ruby-Beth Buitekant to discuss restorative justice and the Black Lives Matter movement.

Even though research shows that African American males are no more likely to use or sell drugs than Caucasian males, in at least 15 states they are admitted to prison on drug charges at rates 20 to 57 times higher. Some law students are drawn to pursue legal careers with the goal of bringing positive change to these and other statistics and to impact the criminal justice system on a neighborhood level. What can law students do to learn more about what restorative justice means and help to build a better criminal justice system professionally?

In this episode of the ABA Law Student Podcast host Fabiani Duarte invites guest host Amanda Joy Washington to sit down with organizer, law student, and activist Ruby-Beth Buitekant to discuss restorative justice and the Black Lives Matter movement. Ruby-Beth opens by sharing some of her early work experience with the Center for Court Innovation, through the Youth Organizing to Save Our Streets program, and discusses the transformative effects the program has had on her Crown Heights, Brooklyn neighborhood. She then explores the concept that humans should be free of state and interpersonal violence, an approach that is the basis for a lot of her work. The group then analyzes the use of disruption as a tactic in activism and ponder the statement “All Lives Matter” that has arisen in response to the Black Lives Matter movement. Ruby-Beth then wraps up the discussion with some information on how law students can get more involved in, and learn more about, restorative justice.

Ruby-Beth Buitekant is a law student, organizer, and activist attending City University School of Law in New York City. Buitekant bases her work on the radical idea that humans should be free from state and interpersonal violence. This summer she will be working with the Center For Constitutional Rights as part of their Ella Baker Summer Internship Program.

https://www.americanbar.org/groups/law_students/podcast/20160706-pairing-legal-activism-with-restorative-justice/

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July 30, 2020

U.S. in defining moment for access to justice, ABA panelists say

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When it comes to access to justice in the United States, we are at a seminal moment in the country with the Black Lives Matter movement, nationwide protests over racial injustice and calls for police reform – and it is a moment that cannot be lost, warned the ACLU’s Jeffrey Robinson during a panel discussion on July 29, the opening day of the 2020 American Bar Association Virtual Annual Meeting.

“This moment in my view is America's last best chance to deal with this problem of inequality in this country,” said the director of the ACLU’s Trone Center for Justice and Equality in New York City.

Robinson, a criminal defense lawyer since 1981, said his career coincided with the largest increase in incarceration in the history of the country. “If we do nothing else about the inequality in this country, then people that look like me will just refill those jails right back up again.”

Robinson was among three other lawyers on the frontline of U.S. civil legal aid and public defense who discussed efforts to bridge the ever-widening justice gap at the CLE Showcase Program “What Will the Next 100 Years Hold for Access to Justice? ”

The ACLU director was joined by two law professors, Rebecca Sandefur of Arizona State University in Tempe, Ariz. who also is a faculty fellow at the American Bar Foundation, where she founded and leads the Access to Justice Research Initiative; and Peter Edelman of Georgetown University Law School in Washington, D.C.

Both Edelman and Sandefur agreed that the country is at a defining moment that could bring about landmark changes in the judicial system, particularly for those who cannot afford legal services.

According to Edelman, the key to that change involves mobilizing today’s protesters and broadening their message. “We should be emphasizing to young people that we have an opportunity right now,” he said. “They are out protesting after this terrible, terrible murder that took place. The problem is much bigger than perhaps some police reforms.’

“We have a responsibility to deal with the entire question of justice – not just in the courts and police reform,” he said, noting that 80% of the civil legal needs of the eligible population are not being met.

Beyond the ongoing protests around the country, the pandemic also may provide an opportunity to move the needle on access to justice.

Edelman said that out of the tragedy of COVID-19, courts that have been resistant or slow to change now see that things can be done differently and done outside of the building, which he said “might help to get to the people who don’t get to the building [courthouse] at all.”

When these systemic changes happen, Sandefur believes they should be led by the people served by those systems, and a reimagining of the justice system should involve the communities and individuals that have historically been totally shut out of the conversation about what the laws should be.

It’s about legal empowerment, Sandefur explained. “This is their justice system. It is not the lawyers’ justice system. It is not judges’ justice system.”

But “how can we find ways to help people engage in ways that help them get what we have said they should get?” she asked.

Said Robinson: “I believe a majority of people in this country can be moved by fact. And there are verifiable, undeniable facts that people can read, rely on and understand.

“We cannot move forward in any intelligent way [just] talking about ‘defund the police,’ ‘cut police departments in half,’” he continued, saying that a better understanding of the systems being dismantled is also vital.

“I think it is a matter of informing ourselves about how we got here. And then having faith that most Americans don't want to live in a country that's racist and unfair and unequitable. I sure hope that's right.”

“What Will the Next 100 Years Hold for Access to Justice? ” was sponsored by the ABA Standing Committee on Legal Aid and Indigent Defendants.

Lauren Sudeall, faculty director of the Center of Access to Justice at Georgia State Law School in Atlanta, moderated the session.

https://www.americanbar.org/news/abanews/aba-news-archives/2020/07/u-sin-defining-moment-for-access-to-justiceaba-panelists-say/

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How to advise clients on civil disobedience

To explain the Necessity Defense, he said to imagine walking down the street, seeing a house on fire and a child standing in an upper window needing help. “You break down the door and rescue the child,” he said. “Breaking down the door is a crime, but it’s a small crime compared to the big harm that was going to happen.” The Necessity Defense is difficult to raise in federal courts but it’s been used successfully in some state courts, he said.

Quigley explained the Reverse Nuremberg Defense as “I had to do it.” People who use this defense, he said, feel they have an obligation to act despite government disapproval. “If people had not resisted in Germany, the Civil War, voting rights, things might have proven differently,’’ he explained.

DiMare focused on avoiding legal malpractice and landmines, looking specifically at the six law practice areas commonly needed in civil disobedience cases:

Advising clients before they protest

Emphasize the importance of collective solidary of a group.

“If part of the group is white male activists who may say they know their rights and that they can argue back and feel they can say what they want to police,” Ahmad explains, “it’s important to remember that that attitude elevates the risk for other people in the group – blacks, Hispanics, LGBT, transgender – and they are more likely to pay a heavier price for a police encounter than a white male citizen.”

Prepare to encounter police, be arrested, held for 24 hours until your arraignment and post bail

Clear outstanding warrants in all jurisdictions

Carry prescription medications in their original pharmacy container

Memorize emergency contact numbers (family, job, lawyer), or write them on your body

Have an emergency plan (child care, pets, job)

Do not carry anything you do not want in police hands (weapons, drugs, unlocked phone, politically sensitive information)

Carry government/school ID if you have it

Know the risks

Be particularly careful if you are not a citizen, particularly if you are undocumented, if you are on probation or parole, if you have an open criminal case or a lengthy record

Know your rights

If stopped by the police – “Am I free to leave?’’

If not free to leave – “Are you detaining me?”

If being detained – “I wish to remain silent”

If being searched – “I do not consent to this search,” while physically not resisting

If arrested – “I’m not talking without my lawyer,” and stay silent

Advise clients they can legally film the police but they should do it from a safe distance

Be careful not to physically interfere with what is happening

Check with an attorney before posting online any photos/video you take as they can contain sensitive legal information. The person doing the filming should not take part in the action so as not to risk arrest, which could risk the footage being destroyed.

If you are keeping track of the protest or if you learn of your client’s arrest

Make every effort to find out where your client is being held and call to immediately invoke their right to counsel.

Advise clients to call you (if they can) to inform you of where they are, and if there are any urgent issues you need to move on, such as a need for medical attention.

The program was moderated by Eleanor Southers, a former practicing attorney who now operates Professional Legal Coaching in Santa Cruz, Calif. It was sponsored by ABA Center for Continuing Legal Education, Center for Human Rights, Criminal Justice Section, Division for Public Services, Law Practice Division, Pro Bono and Public Service, Section of Civil Rights and Social Justice, Section of Dispute Resolution, Section of State and Local Government Law, Solo, Small Firm and General Practice Division and the Young Lawyers Division.

Topic:

Civil Rights and Constitution

ABA supports Burn Loot Murder Marxism

https://www.americanbar.org/news/abanews/publications/youraba/2018/november-2018/consider-this-advice-before-adding-civil-disobedience-defense-to/

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June 05, 2020

Black Lives Matter

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Statement from the Leadership of the Business Law Section

Black Lives Matter. We, like so many of you across the country and the world, are outraged by the killings of George Floyd, Ahmaud Arbery, Breonna Taylor, and countless known and unknown other Black Americans. We are also resolved that we can and must do better.

The Business Law Section stands, without presumption, in solidarity with the Black community and with all people seeking an end to racism and intolerance. We condemn these unjust killings, and we support all those exposing pernicious, systemic racism not only in our criminal justice system but across American society, including the business world and the legal profession.

The Business Law Section has a long-standing tradition and practice of advancing diversity and inclusion within the Section and the legal profession and contributing to the causes of equality and social justice; it is not just what we do, it is who we are, both as a Section and as individual members. We recognize the great responsibility we have as business law professionals to advance justice and support the rule of law, for the benefit of all, and in particular to ensure that Black Americans have access to justice and a meaningful expectation of just treatment under the law.

Today, we humbly reaffirm our fundamental commitment to diversity, inclusion, and social justice, and we commit to redouble our efforts to eliminate systemic racism and to advocate for needed legal reforms through the power of business law, business lawyers, and business court judges.

To support the Section and its members in promoting within its mission a more unified and just society for Black Americans, others who have experienced similar systemic discrimination, and our communities, please send suggestions and information here.

For more information on the Section’s existing programs promoting diversity and inclusion in the legal profession, please use the following links: Business Law Fellows Program, Diversity Clerkship Program; Legal Opportunity Scholarship Fund.

https://www.americanbar.org/groups/business_law/news/2020/051/blm/

ABA supports BLM after Chicago's looted by Burn Loot Murder

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385 articles promoting Marxist and defending the looting and changing the history of Burn Loot Murder

Part of the 16 year plan

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after watergate the ABA had CLE

the gov made it mandatory to take CLE

because of all the corruption from water gate lawyers corrupted were forced to take continueing learning education

NOW the ABA has CLE's helping BLM Burn loot murder , illegal aliens and protecting 50 gender shit

The left made the law perverse with RBG and cronies pushing vrap supporting a marxist BLM group …all lives matter not good enought promoting one race over other races

after watergate X 1000 will the corrupt red shoe lawyers of the ABA and AMA who love the WHO and UN more then our country be

taken down or reformed ?

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will the red shoe lawyers still make money traffickign and protecting the cartels and marxist organizations ?

where are the children ? ask a lawyer they are only intrested in making money.

where are the children ?

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history of blm at aba written in 2017 ?

where are the missing children ?

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Statement of ABA President Judy Perry Martinez Re: United Nations Day

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WASHINGTON, Oct. 23, 2019 – The American Bar Association joins with advocates of peace, justice, and the rule of law around the world Thursday to celebrate United Nations Day 2019, marking the anniversary of the day the UN Charter was officially ratified in 1945.

The ABA’s steadfast support of the UN dates to 1943, when ABA members participated in a series of conferences for lawyers and legal scholars that resulted in the development of provisions that would be adopted into the UN Charter. Today, the ABA continues to work closely with the UN to advance the rule of law throughout the world.

The theme for UN Day 2019 is “Our Planet, Our Future,” which addresses a defining issue of our time: climate change. At the ABA Annual Meeting in August in San Francisco, the House of Delegates updated long-standing policy on climate change, now calling on governments to reduce U.S. greenhouse gas emissions and to hold the global average temperature to the lowest possible increase above pre-industrial levels.

Climate change presents significant environmental, security, economic and social risks to this and future generations. The sustainable development we strive for can only be achieved through good governance and the rule of law.

The ABA is the largest voluntary association of lawyers in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @A

https://www.americanbar.org/news/abanews/aba-news-archives/2019/10/statement-of-aba-president-judy-perry-martinez-re–united-nation/

ABA promotes climate change

no mention of arson