The Nine: Inside the Secret World of the Supreme Court [Paperback]

The Nine: Inside the Secret World of the Supreme Court [Paperback]

Friday, March 6, 2015

Supreme Court Chief Justice A Supreme Court Memoir [Kindle Edition]

Supreme Court Chief Justice A Supreme Court Memoir [Kindle Edition]

Supreme Court Chief Justice A Supreme Court Memoir [Kindle Edition]


Supreme Court Chief Justice A Supreme Court Memoir [Kindle Edition]

I think this interesting book by retired Justice John Paul Stevens will appeal to two groups. First, the general reader without much particular knowledge of the Court will find it a pleasant introduction to how the Court functions, the role of the Chief Justice, and some important decisions. Since Stevens served between 1975 and his retirement in 2010, almost the longest term of service in Court history, he has a remarkable perspective for painting a rich and full picture of the Court as an institution. The second group consists of folks like myself who are serious students of the Court and yearn for an insider's candid views of his former colleagues, how the Court operated, and how some important decisions were hammered out.

Stevens is full of some spicy opinions on various topics and not shy about articulating them. His initial chapter is a very quick run through the first 12 chief justices. This affords the reader with a context in which to put Stevens' views of his own period of service. But at 26 pages, it is pretty sketchy, but still helpful for the general reader. Next, he addresses the role of the Chief Justice, not just hearing arguments and writing opinions, but also the important administrative responsibilities he has, such as those involving the Judicial Conference and the temporary transfer of judges. Then he gets into the meat of the book--five chiefs with whom he interacted and/or served.

First up is Fred Vinson who was chief while Stevens was a clerk to Justice Rutledge in the 1947 term. Because his interaction was not great, his personal insights are limited, but he clearly was not impressed with Vinson as Chief. Next he discusses Earl Warren, but since he only interacted with Warren during one oral argument, his personal insights are limited.
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Supreme Court Chief Justice A Supreme Court Memoir [Kindle Edition]

Sunday, October 20, 2013

Supreme Court The Supreme Court

Supreme Court The Supreme Court


Supreme Court The Supreme Court

The Supreme Court DVD Series (2007)

Supreme Court The Supreme Court


AWARDS AND HONORS
A 2008 Parents' Choice Gold Award Winner, Television
2007 CINE Special Jury Award - Best of History
2007 New York Festivals Gold World Medal: The Supreme Court: A Nation of Liberties
2007 New York Festivals Silver World Medal: The Supreme Court: The Rehnquist Revolution
2007 IDA Best Limited Series (International Documentary Association)
2007 New York Festivals Gold World Medal, Best Editing
2007 New York Festivals Gold World Medal, Best Lighting
2007 New York Festivals Silver World Medal, Best Writing

An Unprecedented Series Exploring The History, Impact and Drama of America s Highest Court.

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Supreme Court The Supreme Court

Wednesday, April 10, 2013

Michigan Supreme Court to Review Felony Child Support Cases

Michigan Supreme Court to Review Felony Child Support Cases





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Last week, the Michigan Supreme Court granted leave on three cases challenging the constitutionality of the Felony Non-support Act; the statute criminalizing the failure to pay timely child support to the custodial parent.

A decision from the Supreme Court is expected sometime in 2011.

One of the defenses expected to be raised in the cases is whether a child support payor charged with this felony can raise the issue of his or her "inability to pay" in the criminal court. Of course that defense is often raised in family court.

Once you've been charged with felony child support, however, the "inability to pay" defense is unavailable pursuant to a long-line of Michigan Court of Appeals decisions. In granting leave for further appeal, the High Court expressly directed all litigants to address the constitutionality of precluding an "inability to pay" defense.

Generally, if you are having difficulty keeping your child support obligation current, you should immediately seek relief in the family court before you build an arrearage. An arrearage, if significant, can lead to a felony charge. Technically, a day late and a dollar short is all that is required by the prosecutor to charge a case.

If you've already been charged, then you can still attempt to seek relief from the family court in the form of a reduced ongoing monthly obligation and, with the payee-parent's consent, a waiver of interest and service fees. There must be some basis for modification other than you simply ignoring your obligation.

Another approach is to seek cooperation with the ex-spouse in order to take all factors into account. For example, if the ex-spouse agrees, credits can be issued for direct, but unrecorded, payments, and for less formal modes of payments.

Once a criminal case is charged, however, such family court adjustments are too late. The felony child support statute requires the trial court to post bond in the amount of 25% of the arrearage. District and Circuit judges, however, routinely reduce this amount for good cause shown.

Often, the child support payor will attempt to assert a change of circumstances, or an error by the Friend of the Court in the calculation of his or her support obligation. These assertions, however, do not qualify as valid defenses to the criminal charge. They must be taken care of in the family court first. If the family court endorses a credit, only then can it factor into the criminal defense.

Once the Michigan Supreme Court decides the series of felony child support cases it has selected for review, we will have a better understanding of how to approach the problem of child support arrears.


Michigan Supreme Court to Review Felony Child Support Cases


Supreme Court



Supreme Court

Michigan Supreme Court to Review Felony Child Support Cases



Michigan Supreme Court to Review Felony Child Support Cases
Michigan Supreme Court to Review Felony Child Support Cases



Supreme Court