| 00:00:02 |
Unidentified Speaker, -
A NUMBER OF LEGAL SCHOLARS WILL TALK ABOUT THAT. THIS IS JUST GETTING UNDER WAY LIFE HERE ON C-SPAN. >> I AM CLEARLY NOT PREPARED FOR THIS LEVEL OF...
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| 00:01:29 |
Unidentified Speaker, -
THERE IS WORD OUT ON A SCAM TARGETING FIRMS. [UNINTELLIGIBLE]
|
| 00:01:49 |
Unidentified Speaker, -
THEY SEND YOU MONEY. AND THEN THEY SAY, THEY OVERPAY YOU. WOULD YOU MIND SENDING THE MONEY ON TO A THIRD PARTY. PEOPLE DO DO THIS. IT IS USUALLY 10, $30,000,...
|
| 00:03:03 |
Unidentified Speaker, -
ARE WE STARTING ON OUR QUEUE? READY TO GO. >>
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| 00:03:17 |
Unidentified Speaker, -
GOOD EVENING. MY NAME IS BILL ROBINSON AND IT IS MY PRIVILEGE TO SERVE AS PRESIDENT
|
| 00:03:26 |
Unidentified Speaker, -
OF THE AMERICAN BAR ASSOCIATION. WELCOME TO TODAY'S PROGRAM, IN THE COURTS AND A CONSTITUTIONAL DEMOCRACY AND AMERICA. IT IS A PLEASURE TO BE HERE AT...
|
| 00:04:33 |
Unidentified Speaker, -
IN 1958 WHEN THE AMERICAN BAR ASSOCIATION PRESIDENT CHARLES RYAN PERSUADED DWIGHT EISENHOWER TO START DATE. SINCE THEN EVERY U.S. PRESIDENT INCLUDING...
|
| 00:07:54 |
Unidentified Speaker, -
PRESIDENT, AND CEO OF THE CENTER FOR SCHOLARS, JANE HARMAN. [APPLAUSE] >> IT IS MY PLEASURE TO WELCOME ALL OF YOU TO THE WILSON CENTER FOR THIS IMPORTANT...
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| 00:08:16 |
Unidentified Speaker, -
I HAVE WELCOMED IT AS A GROUP. MANY OF THEM ARE DEAR FRIENDS. MANY PEOPLE ON THIS PODIUM ARE GOOD FRIENDS. IT WILL BE EXCITING FOR ALL OF YOU TO HEAR...
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| 00:11:55 |
Unidentified Speaker, -
NO JUSTICE, NO FREEDOM." WE SELECTED THIS THING TO EMPHASIZE WHY COURTS ARE SO IMPORTANT. WE ALSO WANT TO UNDERSCORE THAT WITHOUT OUR COURTS WE SIMPLY...
|
| 00:14:54 |
Unidentified Speaker, -
LOT DAY. AND THE SPIRIT OF TRANSPARENCY. WELCOME TO THE WILSON CENTER. SOME OF YOU ARE FAMILIAR FACES FROM THESE PAST PROGRAMS YOU REFERENCED. I WANT...
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| 00:17:48 |
Unidentified Speaker, -
THE COURT IS TO
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| 00:17:50 |
Unidentified Speaker, -
ENFORCE CONSTITUTIONAL LIMITATIONS WHEN THEY ARE CLEAR AND TO DEFER TO THE LEGISLATURE WHEN THE CONSTITUTION DOES NOT SPEAK. BASIC RIGHTS LIKE FREEDOM...
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| 00:18:32 |
Unidentified Speaker, -
OF A FAIR AND IMPARTIAL COURTS. IT IS THE ONE BRANCH OF GOVERNMENT WE ALL HAVE EQUAL INTERESTS, SHOULD HAVE EQUAL INTERESTS. IT IS THE ONE BRANCH OF...
|
| 00:19:10 |
Unidentified Speaker, -
FOR AN INTERVIEW WITH THE MAYOR
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| 00:19:12 |
Unidentified Speaker, -
OF BALTIMORE AND I CONSUMED AN ENTIRE SANDWICH IN THE ELEVATOR ON THE WAY TO HIS OFFICE AND HIS OFFICE WAS ON THE SECOND FLOOR, THAT IS NOT A PRETTY...
|
| 00:20:24 |
Unidentified Speaker, -
IS ABOUT PROCESS.
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| 00:20:29 |
Unidentified Speaker, -
THE BAROMETERS OF WHAT IS A HEALTHY DEMOCRACY LIKE THE KIND WE TRY TO GET ESTABLISHED IN OTHER PLACES AND TO RESERVE OUR OWN COUNTRY ARE TWO THINGS....
|
| 00:21:20 |
Unidentified Speaker, -
SUGGESTS THAT THE MISSION OF COURT IS
|
| 00:21:24 |
Unidentified Speaker, -
THE FULFILLMENT OF THE STATE OPPOSE A CONSTITUTIONAL OBLIGATION TO ITS CITIZENS TO PROVIDE A FAIR AND IMPARTIAL FORUM AND FOR THE VINDICATION OF THE...
|
| 00:21:47 |
Unidentified Speaker, -
NOW WHAT I WILL ASK YOU TO DO IS A FREE-FOR-ALL. PUT YOUR HEADS TOGETHER. YOU HAVE ALREADY BEGUN TO DO IT. WHAT ARE THE ESSENTIALS OF THIS SYSTEM? WHAT...
|
| 00:22:23 |
Unidentified Speaker, -
THE THINGS I LEARNED IN MY EXPERIENCE WAS LEAVING A STATE COURT SYSTEM AND WORKING WITH STATE COURT SYSTEMS A ROUND THE COUNTRY IS THAT, COURTS ARE NO...
|
| 00:23:15 |
Unidentified Speaker, -
THE AMOUNT OF STATES. >> WHEN YOU TRANSLATE THE 95% -- IN A SINGLE YEAR THE FEDERAL
|
| 00:23:26 |
Unidentified Speaker, -
COURT SAW ABOUT 385,000 CASES FILED PER YEAR. IN THE STATE COURTS NATIONALLY FOR THE SAME PERIOD OF TIME, THAT IS FOR THE WHOLE COUNTRY. IN THE STATE...
|
| 00:24:00 |
Unidentified Speaker, -
ABILITY OF JUSTICE TO STRIKE DOWN UNCONSTITUTIONAL LAWS THE PEOPLE CANNOT BE SUPREME. IT IS CRUCIAL -- HERE IT IS. NO LEGISLATIVE -- CAMBY BALLOT. THE...
|
| 00:25:04 |
Unidentified Speaker, -
PEOPLE HAVE TO FEEL THAT THE COURTS ARE DOING THEIR WORK IN THE
|
| 00:25:09 |
Unidentified Speaker, -
PUBLIC SPACE. YOU CAN DEBATE THE FINER POINTS OF THIS. I THINK ONE AREA OF CONCERN IS THE PRIVATIZATION OF JUSTICE TO THE EXTENT THAT DISPUTE RESOLUTIONS...
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| 00:25:53 |
Unidentified Speaker, -
DECISION MAKING BUT SELECTION. I THINK THE PUBLIC HAS TO BE ABLE TO FEEL AND SEE JUSTICE. JUSTICE IS NOT SOMETHING YOU CAN HEAR ABOUT BY RUMOR. YOU HAVE...
|
| 00:27:45 |
Unidentified Speaker, -
IT IS THE LIFEBLOOD OF THE
|
| 00:27:48 |
Unidentified Speaker, -
PEOPLE. >> I WOULD PICK UP ON THE TRANSPARENCY. I THINK THAT IS VERY IMPORTANT. I THINK ONE OF THE WAYS THAT YOU JUDGE
|
| 00:27:58 |
Unidentified Speaker, -
WHAT IS MOST VALUABLE IS WHEN YOU LOOK AT WHAT IS UNDER THREAT. IT IS IMPORTANT THAT THE PEOPLE HAVE CONFIDENCE THAT THE SYSTEM OF OUR COURTS IS FAIR...
|
| 00:29:18 |
Unidentified Speaker, -
DEATH SPIRAL IF YOU GO DOWN THAT ROUTE. THE PUBLIC WILL ONLY SUPPORT THAT WHICH THEY VALUE. >> I WOULD ADD A THIRD DIMENSION ON TRANSPARENCY. I HAVE...
|
| 00:29:38 |
Unidentified Speaker, -
ENGAGED IN A JUDICIAL ADMINISTRATION. THE COURTS HAVE ALSO GOT TO BE ACCOUNTABLE TO THE PUBLIC FOR THEIR USE OF PUBLIC RESOURCES AND FOR THEIR PERFORMANCE....
|
| 00:30:22 |
Unidentified Speaker, -
APPROVAL RATINGS FOR THE U.S. SUPREME COURT. THEY ARE AT AN ALL-TIME LOW, AT 52%. IS IT OBVIOUS -- AND THIS IS AFTER HEALTH CARE, BEFORE IMMIGRATION....
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| 00:30:56 |
Unidentified Speaker, -
TRANSPARENCY -- >>
|
| 00:30:57 |
Unidentified Speaker, -
MAINTAIN A MISTAKE. -- THE
|
| 00:31:08 |
Unidentified Speaker, -
MYSTIQUE. PEOPLE HAVE LESS RESPECT. >> THIS PROGRAM IS BEING SHARED WITH VIEWERS ACROSS AMERICA ON C-SPAN. PRUE HAS BEEN KNOCKING AT THE DOOR OF THE SUPREME...
|
| 00:31:30 |
Unidentified Speaker, -
WHO HAS BEEN KNOCKING AT THE DOOR OF THE SUPREME COURT. WHAT DO YOU THINK? IS THIS GOOD FOR TRUST AND RESPECT FOR THE INSTITUTION? OR DOES IT PULL BACK...
|
| 00:31:58 |
Unidentified Speaker, -
NOT THINK THE CAMERAS HAVE THAT A FACT. THEY HAVE A VERY NEGATIVE EFFECT AT FIRST AND THAT MEMBERS OF CONGRESS ARE AWARE OF THE CAMERAS. THEY WERE PLAYING...
|
| 00:33:29 |
Unidentified Speaker, -
IS NOT A GOOD MODEL FOR
|
| 00:33:32 |
Unidentified Speaker, -
ASSESSING THE WAY COURTS LATE WITH THE PUBLIC AND THE WAY THE PUBLIC RELATES RECORDS. FOR EXAMPLE, IN STATE COURTS, WE HAVE CAMERAS FULL-TIME IN ALL OF...
|
| 00:34:14 |
Unidentified Speaker, -
WE DID NOT HAVE CAMERAS
|
| 00:34:16 |
Unidentified Speaker, -
IN THE COURTROOM. HE IS DESCRIBING THE APPROVAL RATINGS HAVING DROPPED AFTER THE ARGUMENTS HAVE BEEN INTERPRETED BY THE MEDIA. HE IS NOT TALKING ABOUT...
|
| 00:36:29 |
Unidentified Speaker, -
TO IT IN TWO HOURS. IT IS IMPOSSIBLE. WE COULD SPEND ALL DAY, BUT WE WILL TALK ABOUT SOME OF THE THINGS THAT YOU ARE INTERESTED AND. EVENTUALLY, WE WILL...
|
| 00:37:56 |
Unidentified Speaker, -
DESPITE CRISIS YOU MEAN THAT WE ARE AT A JUNCTURE -- IF BY CRISIS YOU MEAN WE ARE AT A JUNCTURE IN WHICH WE HAVE TO REEXAMINE THE WAY TO AND WHICH WE...
|
| 00:38:22 |
Unidentified Speaker, -
OR IS THIS MORE OF A TECHNICALITY? >> IN SOME PLACES IN THIS COUNTRY, BAD THINGS ARE HAPPENING. THE ABA --
|
| 00:38:33 |
Unidentified Speaker, -
MADE A STAB AT COLLECTING THE EMPIRICAL DATA ABOUT THE IMPACT OF THE LOSS OF FUNDING IN STATE COURTS AROUND THE COUNTRY. IT IS NOT UNIVERSAL. NORTH...
|
| 00:39:18 |
Unidentified Speaker, -
FOR EXAMPLE, THEY ATTEMPTED TO ASSESS THE IMPACT OF THE INABILITY TO GET FORECLOSURE AND
|
| 00:39:23 |
Unidentified Speaker, -
OTHER TYPES OF COMMERCIAL CASES TO THE COURT IN A TIMELY FASHION AM. THE DAMAGE TO THE ECONOMY IS CLOSE TO $10 BILLION. NOT TO MENTION THE HUMAN COSTS...
|
| 00:39:55 |
Unidentified Speaker, -
COMPETENT COUNSEL FOR THE INDIGENT, ACCESS TO JUSTICE IS COMPROMISED BECAUSE YOU DO NOT HAVE THE ACCESS -- AND I KNOW IN THE PRIVATE LAW FIRMS, SOME OF...
|
| 00:40:27 |
Unidentified Speaker, -
CASES, 75% OF THE CASES FILED, ONE MORE PARTIES IS NOT REPRESENTED IN THAT LITIGATION. THEY CAN GET A HEARING, BUT WHETHER THEY CAN GET A FAIR HEARING...
|
| 00:40:53 |
Unidentified Speaker, -
EXONERATING BECAUSE OF DNA EVIDENCE. STUDIES HAVE FOUND A PERSISTENT PATTERN OF THE FAILURES OF BADLY ORGANIZED LINEUPS, POOR GENETIC AND FORENSIC DATA,...
|
| 00:41:32 |
Unidentified Speaker, -
|
| 00:41:34 |
Unidentified Speaker, -
YOU HAVE ACCESS TO THE BEST BRAND OF SCIENCE THAT EXISTS. >> I DO NOT WANT TO GET CAUGHT UP ON THE SEMANTICS, BUT THE CRISIS WORD IS IN PLAY. THIS IS...
|
| 00:41:58 |
Unidentified Speaker, -
NEW TO THIS SUBJECT MATTER, THIS IS AN OPPORTUNITY TO ENGAGE THEM. HOW BIG OF A PROBLEM ARE WE DESCRIBING TO THEM? >> MY COLLEAGUES HAVE LISTED MANY...
|
| 00:42:16 |
Unidentified Speaker, -
THE REAL CRIMINAL GOES FREE. THIS IS SOMETHING THAT PEOPLE OF ALL PERSUASIONS CAN UNITE AROUND. BECAUSE IT CAN BE FIXED, I THINK IT IS FAIR TO TALK...
|
| 00:42:48 |
Unidentified Speaker, -
QUESTION OF PRIORITIES. IT WILL COME INCARCERATING MILLIONS OF PEOPLE, SO MANY STATE BUDGETS, THE PRISON BUDGETS ARE EATING UP EVERYTHING ELSE. THERE...
|
| 00:43:28 |
Unidentified Speaker, -
THING THAT OCCURS
|
| 00:43:29 |
Unidentified Speaker, -
TO ME IS THAT ON THE FEDERAL
|
| 00:43:32 |
Unidentified Speaker, -
LEVEL, THE IMMIGRATION ACT ADJUDICATION CRISIS, WHICH IS A CRISIS BY ANY MEASURE, IS EATING THE FEDERAL COURTS ALL LIVE. -- ALIVE. THERE ARE MANY DEPORTATION...
|
| 00:45:02 |
Unidentified Speaker, -
COURT, THE JUSTICE SYSTEM. >> I AM GLAD THAT LINDA RAISE WHAT SHE HAS RAISED. I THINK IT IS NOT VERY HELPFUL TO
|
| 00:45:14 |
Unidentified Speaker, -
SIMPLY TALK ABOUT THE FUNDING OF THE COURTS. ONCE YOU START DISCOUNTING OUR JUSTICE SYSTEM, YOU ARE IN TROUBLE. IF YOU START TRYING TO MARK DOWN AROUND...
|
| 00:48:14 |
Unidentified Speaker, -
LOW-LEVEL NON- VIOLENT CRIMES RATHER THAN A VIOLENT CRIMES. THIS MAKES US AN ALLIED AIR WHEN IT COMES TO WESTERN DEMOCRACY. IN EUROPE, THERE IS -- THE...
|
| 00:49:26 |
Unidentified Speaker, -
SEE AS SPIKES IN CRIME. >> FEAR? >>
|
| 00:49:31 |
Unidentified Speaker, -
ABSOLUTELY. ALL THE DATA DEMONSTRATES
|
| 00:49:36 |
Unidentified Speaker, -
THAT CRIME LEVELS IN THE UNITED STATES HAVE DROPPED.
|
| 00:49:39 |
Unidentified Speaker, -
THEY ARE AT THE SAME LEVEL THAT WE HAD IN 1966. WHY IS OUR INCARCERATION RATE SO OUT OF WHACK? WE HAVE TO A MILLION PEOPLE IN PRISON. WE HAVE A JUSTICE...
|
| 00:50:22 |
Unidentified Speaker, -
THAT ARE VERY COMPLEX. -- IN WAYS THAT ARE VERY COMPLEX. >> FROM MY PERSPECTIVE, IT IS A FRUSTRATING DISCUSSION. THE JUDGES IN THE STATE COURTS IN THIS...
|
| 00:50:37 |
Unidentified Speaker, -
IMPOSSIBLE TO HAVE ANY IMPACT ON THE PUBLIC POLICY DISCUSSIONS THAT YOU HAVE IDENTIFIED. WE MAKE CONTRIBUTIONS. THERE IS A NEW MOVE TOWARDS EVIDENCE...
|
| 00:51:28 |
Unidentified Speaker, -
INAPPROPRIATE IN YOUR SITUATION? >> YOU HAVE TO BE VERY CAREFUL. THERE IS SUCH A LINE BETWEEN POLICY.
|
| 00:51:38 |
Unidentified Speaker, -
WE DID DO IT WITH EVIDENCE-BASED SENTENCING. THE EXECUTIVE BRANCHES ARE DRAGGING THEIR FEET LIKE MOLASSES. THERE IS ONLY SO MUCH YOU CAN DO. >> WE START...
|
| 00:52:00 |
Unidentified Speaker, -
PROSECUTORIAL DISCRETION. WE DO HAVE A PROBLEM, IN MY VIEW, WITH PROSECUTORS WHO ARE OVERZEALOUS, WHO ARE TOO QUICK TO TAKE THINGS INTO COURT THAT DO...
|
| 00:52:38 |
Unidentified Speaker, -
ARE UNDERSTOOD OR MISUNDERSTOOD. JUST BROUGHT UP THE SUPREME COURT, AND JOINING THE REST OF THE BRANCHES OF GOVERNMENT. THE SURVEY SHOWED A LACK OF POSITIVE...
|
| 00:53:31 |
Unidentified Speaker, -
AND ROLE WAS SUPPOSED TO BE. I THINK WE HAVE BECOME SO OVERWHELMED WITH POLITICS AND BY THE HORSE RACE OF POLITICS, THE ENCOUNTER THAT MOST CITIZENS...
|
| 00:55:37 |
Unidentified Speaker, -
I WILL HOLD US RESPONSIBLE, TOO. MOST OF THE CASES WE ARE FOCUSING
|
| 00:55:43 |
Unidentified Speaker, -
ON, IF YOU ARE IN MARYLAND, -- FOR THE MOST PART, WE ARE TEACHING CASES IN FEDERAL COURT. WE ARE TEACHING THE SUPREME COURT CASES. STUDENTS TEND TO KNOW...
|
| 00:56:24 |
Unidentified Speaker, -
WE TEACH IN MOSCOW. I DO NOT THINK THE PROBLEM IS TOP-DOWN MEDIA. I THINK THE PROBLEM
|
| 00:56:30 |
Unidentified Speaker, -
IS THE PROBLEM WHICH SANDRA O'CONNOR HAS DEVELOPED -- HAS DEVOTED HER LIFE TO, THE LACK OF EDUCATION. THERE IS FOR A GOOD RESEARCH THAT SHOWS THAT THE...
|
| 00:57:20 |
Unidentified Speaker, -
LOOKED AT? I HAVE THREE KIDS. I LOOKED AT THEIR TEXTBOOKS.
|
| 00:57:26 |
Unidentified Speaker, -
FOR THE MOST PART, THEY DID LEARN, THEY LEARNED ABOUT THE JUSTICES. IN EIGHTH GRADE, THEY HAD REPORTS ABOUT -- A COURSE THAT WAS DEVOTED TO AMERICAN...
|
| 00:57:56 |
Unidentified Speaker, -
|
| 00:58:00 |
Unidentified Speaker, -
THEY WERE IN PUBLIC SCHOOL IN BALTIMORE. >> PART OF THE PROBLEM IS THE GOVERNMENT IS TREATED LIKE A NECESSARY EVIL, AT BEST. YOU DO NOT HAVE EIGHT --...
|
| 00:58:17 |
Unidentified Speaker, -
IT IS UNDERFUNDED. >> I HAVE BEEN BUT JUSTICE O'CONNOR ON SEVERAL OCCASIONS
|
| 00:58:28 |
Unidentified Speaker, -
WHEN SHE TALKED ABOUT THIS. THERE REALLY IS A PROBLEM. THERE MAY
|
| 00:58:33 |
Unidentified Speaker, -
BE EXCEPTIONS, BUT THERE IS ANOTHER PROBLEM. WHEN PEOPLE ARE JUDGING WHAT THEY THINK OF THE COURTS. I WILL TELL YOU NOW THAT IF, FOR WHATEVER REASON,...
|
| 00:59:55 |
Unidentified Speaker, -
FOCUS ON THE HIGH-PROFILE CASES, BUT WHEN YOU HAVE A COURT STRIKING DOWN BY 5- 4 VOTES WITH THE FIVE CONSERVATIVES APPOINTED BY REPUBLICANS, CAMPAIGN...
|
| 01:00:58 |
Unidentified Speaker, -
RULING WOULD BE MADE EASILY ON THE EVE OF A PRESIDENTIAL ELECTION? >> THEY HAD TO TAKE THE HEALTH CARE CASE. THEY DID NOT HAVE TO HAVE THREE DAYS OF...
|
| 01:01:12 |
Unidentified Speaker, -
FOR THE ELECTION? >> YES, BECAUSE IT WAS RIGHT. >>
|
| 01:01:20 |
Unidentified Speaker, -
EVARTS DECIDED WHEN
|
| 01:01:23 |
Unidentified Speaker, -
ROWE CAME DOWN -- >> THIS PROBLEM IS EXACERBATED IN
|
| 01:01:31 |
Unidentified Speaker, -
THE STATE COURT SAID THERE WERE 37 STATES ENGAGE IN CONTESTED ELECTION
|
| 01:01:37 |
Unidentified Speaker, -
OF THEIR JUDGES. IT IS IRONIC, BECAUSE THE ELECTION OF JUDGES WAS REGARDED IN THE MID 19TH CENTURY AS A REFORM EFFORT AGAINST THE ELITIST, CORRUPT APPOINTING...
|
| 01:03:10 |
Unidentified Speaker, -
ABOUT, BECAUSE THEY DID NOT WANT TO UNDERMINE THE SYSTEM. [APPLAUSE] [UNINTELLIGIBLE] NEWT GINGRICH, BY QUESTIONING THE AUTHORITY OF THE PRESIDENT,...
|
| 01:03:44 |
Unidentified Speaker, -
MONEY JUDICIAL ELECTIONS. THE REALITY IS AS MUCH AS I LAUD JUSTICE O'CONNOR MUST EFFORTS, SHE HAS HAD A CONVERGENCE, SHE WAS A PART OF A CAR BOMB IN...
|
| 01:06:10 |
Unidentified Speaker, -
MAY GET TO A MICROPHONE. WE WILL COME TO YOUR QUESTIONS SOON. LET'S CONTINUE UP HERE AS WELL. >> TO UNDERSCORE WHAT HAPPENED IN IOWA THIS LAST ELECTION,...
|
| 01:06:26 |
Unidentified Speaker, -
WAS THE GOLD STANDARD FOR THE STATE COURTS. IT WAS THE GOODEST THE GOOD GOVERNMENT IDEAS. NOW IS IT GONE? >> IT IS UNDER ATTACK IN PLACES LIKE MISERY....
|
| 01:06:49 |
Unidentified Speaker, -
OPPORTUNITY FOR THE COURT TO RECONSIDER CITIZENS UNITED.
|
| 01:06:53 |
Unidentified Speaker, -
THERE WAS EVIDENCE THAT CORRUPTION WAS SO GREAT. THE HOPE IS MAYBE JUSTICE KENNEDY MIGHT SEE A WAY THAT SAYING IF CITIZENS UNITED FORMALLY STANDS, JUDICIAL...
|
| 01:07:24 |
Unidentified Speaker, -
BE MYSELF IF I DID NOT SAY DIVERSITY IS WHAT OF THE THINGS CRITICALLY IMPORTANT, AND THIS IS CUDIVERSITY OF ALL KINDS. WE STILL HAVEN'T A CIRCUIT THAT...
|
| 01:09:24 |
Unidentified Speaker, -
I HAVE A BOOK CALLED "THE MOST
|
| 01:09:29 |
Unidentified Speaker, -
DEMOCRATIC BRANCH." THE COURTS PLAY AN IMPORTANT ROLE IN CHECKING THE MINORITY. ESPECIALLY THE FIRST AMENDMENT. WHEN YOU LOOK OVER HISTORY, THE COURTS...
|
| 01:10:18 |
Unidentified Speaker, -
MEAN NOT RULE? >> IT TOOK FILLED SAID -- DE TOQUEVILLE SAID LAWYERS ARE --
|
| 01:10:34 |
Unidentified Speaker, -
I PREFER THE QUOTATION FROM HAMILTON DISTRESSED IT IS NOT FOLLOWING POLLS, BUT ENFORCING FUNDAMENTAL VALUES THAT A MAJORITY OF THE COUNTRY HAS COME TO...
|
| 01:11:30 |
Unidentified Speaker, -
THEY'RE NOT SUPPOSED TO CALIBRATE BETWEEN THE TWO SIDES AND SAY I DO NOT KNOW IF THE COUNTRY IS REIDY. -- READY. THE INSTITUTION IS A CRITICAL PART OF...
|
| 01:12:00 |
Unidentified Speaker, -
DEMOCRATIC. IT DOES NOT MEAN EVERY FUNCTION OF THE
|
| 01:12:04 |
Unidentified Speaker, -
FCOURT HAS TO THE MAJORITY RULE. >> I THINK OF IT A STEP BEYOND IN THE SENSE IN NOT VIEW THE DAHLIAS OF THE PEOPLE -- THE VALUES OF THE
|
| 01:12:19 |
Unidentified Speaker, -
PEOPLE, THE EXTENT THAT JUDGES ARE PERFORMING THE FUNCTION OF VINDICATING THOSE VALUES, THEY ARE AND THE THE KATE THE VALUES OF THE PEOPLE COME AT WHAT...
|
| 01:12:44 |
Unidentified Speaker, -
BOOKS, AND I READ THAT AND I DID NOT KNOW IF HE KNEW WHAT THE CONSTITUTION WAS. [LAUGHTER] >> DID YOU INCLUDE THAT? >> THERE IS SOME FUNDAMENTAL
|
| 01:13:01 |
Unidentified Speaker, -
HERE WHERE THE PURPOSE OF THE COURT, REGARDLESS OF THE MAKEUP, DIVERSE OR
|
| 01:13:07 |
Unidentified Speaker, -
NOT DIVERSE, IS TO APPLY WHAT TELLING LAW IS, BECAUSE IT IS NOT THE LAWMAKING BRANCH. AND TRY TO MAKE IT REPRESENTATIVE OF THE COMMUNITY AT LARGE AND...
|
| 01:13:39 |
Unidentified Speaker, -
THE TRADITIONAL VIEW. LIBERALS AND CONSERVATIVES USED TO EMBRACE IT, JUDICIAL MINIMALISM. THEY SHOULD ONLY SECOND-GUESS DECISIONS WHEN ARGUMENTS WERE...
|
| 01:14:20 |
Unidentified Speaker, -
NOTION OF DEMOCRATIC INSTITUTION? >>
|
| 01:14:22 |
Unidentified Speaker, -
YOU HAVE
|
| 01:14:26 |
Unidentified Speaker, -
TO DEFINE DEMOCRACY SYSTEM WIDE. EVEN THOUGH A LIGHT TENURED FEDERAL JUDGE IS NOT HELD ACCOUNTABLE
|
| 01:14:35 |
Unidentified Speaker, -
FOR THIS DECISION OR THAT DECISION, THERE IS AN ULTIMATE POLITICAL ACCOUNTABILITY THAT RESIDES IN THE PRESIDENT WHO APPOINTS THESE PEOPLE, AND YOU CAN...
|
| 01:16:08 |
Unidentified Speaker, -
A REAL DIFFERENCE BETWEEN FEDERAL AND STATE COURTS.
|
| 01:16:12 |
Unidentified Speaker, -
STATE COURTS ARE ALL MAKING INSTITUTIONS IN THEIR COMMON-LAW FUNCTION. AT LEAST ONE SCHOLAR WROTE AN INTEREST IN ARTICLE WHICH SUGGESTED BECAUSE OF...
|
| 01:17:01 |
Unidentified Speaker, -
UNIQUELY QUALIFIED TO BEGIN A MOVEMENT THAT WOULD BE THE PROFESSIONAL EDITION OF WHAT WE DO IN DIGITAL -- JUDICIAL SYSTEM. BUT STATE COURTS ARE APPLYING...
|
| 01:19:01 |
Unidentified Speaker, -
PASSIONATE ABOUT ADMINISTRATION, BECAUSE I THINK IT IS THE CASE THAT THE ABSTRACT QUESTIONS AND THE WORK OF JUDGING HAS TO BE DONE WELL, BUT THE WORK...
|
| 01:19:36 |
Unidentified Speaker, -
MY QUESTION GOES TO SOMETHING ABOUT YOU SPOKE ABOUT EARLIER, DNA TESTING, AND IT HAS CLEARED A LOT OF INMATES TRICK THEIR STATES THAT HAVE PASS LAWS YOU...
|
| 01:20:27 |
Unidentified Speaker, -
THE U.S. SUPREME COURT SAID THERE
|
| 01:20:32 |
Unidentified Speaker, -
IS NO FEDERAL CONSTITUTIONAL RIGHT ALLOWING ACCESS TO DNA. THE SUPREME COURT ALTHOUGH MOST STATES TO PROVIDE A, THE CONSTITUTION DID NOT GET A RIGHT TO...
|
| 01:21:38 |
Unidentified Speaker, -
POLITICS STRAIGHT THE INTERESTING FIND OUT THE -- GOING BACK TO THE COURT FUNDING ISSUE AND THE RELATION BETWEEN FUNDING AND TRANSPARENCY AND ABOUT...
|
| 01:22:38 |
Unidentified Speaker, -
BIZARRE, STRAINED RIGHT NOW IN AMERICAN DISCOURSE THAT SOMEHOW WE HAVE TOO MUCH JUSTICE. PEOPLE HAVE TOO MANY CHANCES, AND THIS IS SOME OF THE DNA STUFF,...
|
| 01:25:27 |
Unidentified Speaker, -
FROM DEFENSE ATTORNEYS AND DEFENDANTS, AND I MENTIONED EARLIER ABOUT PROSECUTORIAL DISCRETION, ABUSE. THAT IS A VERY REAL PROBLEM WITH THE NUMBER OF...
|
| 01:26:29 |
Unidentified Speaker, -
WOULD HAVE THE MOST IMPACT MOVING FORWARD? >> PROPORTIONALITY IN CRIMINAL SENTENCING. >> THAT HAS TO BE ADVANCED THROUGH THE LEGISLATIVE PROCESS. YOU
|
| 01:26:41 |
Unidentified Speaker, -
HAVE TO FIGURE OUT A WAY TO GENERATE A COMMITMENT ON THE PART OF LAWMAKERS TO ADDRESS THOSE. >>
|
| 01:26:46 |
Unidentified Speaker, -
YOU ARE RIGHT. WHEN THE SUPREME COURT HAD A
|
| 01:26:54 |
Unidentified Speaker, -
CASE IN WHICH A PROSECUTOR AT WITHOUT INFORMATION, AND AFTER BEING RELEASED, THE JURY DELIBERATES FOR 35 MINUTES AND SAYS HE IS INNOCENT. THIS IS AFTER...
|
| 01:28:23 |
Unidentified Speaker, -
9/-0, WHERE SAYS YOU NEED A WARRANT IF YOU'RE GOING TO TRACK SOMEONE'S MOVEMENT IF YOU PUT A GPS DEVICE ON THEIR CAR. THE JUSTICES DISAGREED ABOUT THE...
|
| 01:29:24 |
Unidentified Speaker, -
JUSTICE DURHAM SAID COX IF A SUPREME COURT NOMINEE WERE TO SAY THAT IN THE CONFIRMATION HEARINGS, THEY WOULD BE. FOR ARROGANCE AND A MISUNDERSTANDING...
|
| 01:30:57 |
Unidentified Speaker, -
I WAS STILL IN THE BLANKS WITH OTHER
|
| 01:30:59 |
Unidentified Speaker, -
ISSUES. YOU COULD ASK THE SAME QUESTION AS IT RELATES TO RATIONAL DISCOURSE ABOUT A LOT OF
|
| 01:31:05 |
Unidentified Speaker, -
THINGS, NOT JUST THE COURSE. THE REASON I MAKE THAT POINT IS PERHAPS WE'RE TALKING ABOUT SOMETHING THAT IS MORE FUNDAMENTAL AND NOT JUST UNIQUE TO...
|
| 01:31:28 |
Unidentified Speaker, -
I AM ON C-SPAN, SO I WILL -- [UNINTELLIGIBLE] >> THERE IS AN OLD JOKE ABOUT IT IS SAFE TO WRITE TO CONGRESS BECAUSE CONGRESS DOES NOT RIGHT BACK. THAT...
|
| 01:31:48 |
Unidentified Speaker, -
TRUER OF THE JUDICIARY, BECAUSE THEY MAKE THEIR DECISIONS, THEY DID NOT SPEAK OUTSIDE OF THAT. THAT LEAVES IT VULNERABLE TO THIS KIND OF IRRATIONAL ATTACK....
|
| 01:32:30 |
Unidentified Speaker, -
ARE GETTING THEIR NEWS ABOUT COURTS FROM HIM. WHEN HE GOES AFTER THE COURT FOR CITIZENS UNITED, AND START HIS OWN PATH, HE INTERVIEWS JUSTICE STEVENS...
|
| 01:33:15 |
Unidentified Speaker, -
LAST CONFIRMATION, PEOPLE DID NOT WATCH TO THE DEGREE THEY HAD WATCHED. RATINGS HAD STARTED TO GO DOWN. EVEN THE NETWORKS STOPPED COVERING IT. THEY...
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| 01:35:50 |
Unidentified Speaker, -
IS IT SUMMARY DISPOSITIONS
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| 01:35:54 |
Unidentified Speaker, -
TOS? IT'S A MATTER ON RELYING ON LAW CLERKS, AND DO I SOUND BITTER? [LAUGHTER] >> IT IS A TRIAL -- AT THE TRIAL LEVEL IN THE STATE COURT, THERE ARE ENORMOUS...
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| 01:36:20 |
Unidentified Speaker, -
ADAGE JUSTICE DELAYED IS JUSTICE DENIED IS TRUE IN A SENSE IT IS BETTER TO GET THAT DECISIONS NOW THAT YOU CAN GO AHEAD AND APPEAL THAT AND MUCH BETTER...
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| 01:37:49 |
Unidentified Speaker, -
YOU PLEAD OR YOU DO A NOL P ROCESS, THE JUDGE HAS A
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| 01:38:00 |
Unidentified Speaker, -
FEE . YOU PAY THE MONEY, RIGHT? THERE ARE PEOPLE WHO CANNOT PAY THE MONEY. THEY END UP NOT BEING ABLE TO PAY THE MONEY AND AND UP GETTING ARRESTED. IS...
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| 01:38:36 |
Unidentified Speaker, -
POOR THEY ARE ALLOCATED TO THINGS LIKE COURT SECURITY OR OTHER COURT FUNCTIONS. IT VARIES ENORMOUSLY FROM STATE TO STATE. THERE ARE ISSUES TO HELP PEOPLE...
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| 01:39:49 |
Unidentified Speaker, -
PANEL, AND THE ABA ALWAYS DOES A TERRIFIC JOB TO BRING TOGETHER GREAT MINDS. I WANT TO BRING BACK BILL ROBINSON. [APPLAUSE] >> WHAT A PROGRAM. THIS HAS...
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| 01:40:12 |
Unidentified Speaker, -
TO THE CONCLUSION OUR PROGRAM. PLEASE JOIN ME IN EXPRESSING OUR PER STATION TO JOHN AND THESE DISTINGUISHED PANELISTS FOR THIS WONDERFUL DISCUSSION. [APPLAUSE]...
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| 01:42:00 |
Unidentified Speaker, -
IN THE VIDEO LIBRARY AT C-SPAN.ORG. PRESIDENT OBAMA IS IN AFGHANISTAN.
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.