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| A year for extraordinary rulings |
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| By ERWIN CHEMERINSKY |
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The Supreme Court’s October 1999 term, which
concluded on June 28, produced an extraordinary number of important rulings on highly
controversial subjects. Indeed, the topics of some of the cases — abortion, aid to
parochial schools, campaign finance reform, gay rights, Miranda warnings, and school
prayer — are among the most divisive legal issues facing society. Although the 73
cases decided this year touched on many different issues, several themes were evident
during the term.
Reaffirmation of precedent in controversial areas
One of the most important themes of the term was the court’s
adherence to precedent, especially in dealing with some of the most hotly contested legal
issues. For example, in United States v. Dickerson, 120 S.Ct. 2326 (2000), the
Supreme Court, by a 7-2 margin, reaffirmed Miranda v. Arizona and declared
unconstitutional a federal law that attempted to overrule it (18 U.S.C. §3501). Chief Justice Rehnquist, writing for the court in
a 7-2 decision declared: “We do not
think that there is such justification for overruling Miranda. Miranda has become embedded in routine police
practice to the point where warnings have become part of our national culture.”
In
Doe v. Santa Fe Independent School District, 120 S.Ct. 2464 (2000), the court
declared unconstitutional a school policy permitting student-initiated, student-led
prayers at football games. The court followed
almost 40 years of precedent in rul- |
See SUPREME COURT |
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| Supreme Court backs State Bar in rejection of bar admission |
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By NANCY McCARTHY
Staff Writer |
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A prospective attorney with a record of serious
felonies — including killing his sister — and lesser misdemeanors on his record
cannot receive a license to practice law because he has not proved his rehabilitation, the
Supreme Court has ruled.
In a unanimous decision, the court found that despite overcoming drug
and alcohol addiction, completing law school and passing the bar examination, Eben Gossage
did not meet a burden of demonstrating good behavior over a meaningful period of time.
“We
conclude . . . that Gossage has |
See HIGH COURT DENIES |
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| For Zelon, giving is just a part of what lawyers do |
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By NANCY McCARTHY
Staff Writer |
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 Laurie Zelon is often asked what inspired her to become involved
in pro bono work for the poor, but she has a hard time pinpointing the reasons.
“It’s
part of what you do as a lawyer,” she says. “It always seemed to me that
it’s necessary and impor- |
See ZELON |
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| A free spirit picks up the reins |
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By NANCY McCARTHY
Staff Writer |
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 Early in his law career, Palmer Brown Madden headed one morning
from the Bay Area to Stockton for a court appearance. A partner at his firm drove to
Madden’s East Bay home and waited while the young lawyer picked up a bale of hay and
threw it into a corral to feed his horses. When Madden climbed into the car, hay and dust
clung to his tailored suit.
It was a moment, remembered a friend, that captured Madden’s
personality — a traditional lawyer but a free spirit, unafraid to dirty his hands.
When Madden is asked to describe himself, he says, “WYSIWYG
(sounds like whizzywig) — what you see is what you get.”
In
fact, however, the 75th president of the State Bar of California is full of surprises: A
successful big firm lawyer who designed and built his home with his own hands. A graduate
of Boalt law school who started a pre-school and ran a natural foods restaurant with an
organ- |
See A FREE SPIRIT |
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