On the Record

Back in September, I wrote about the University of Baltimore bringing back its long-forgotten alma mater. At the time, the only evidence of the song was a piece of paper from 1958 that included the alma mater and Auld Lang Syne.

The school’s archivists theorized the alma mater was sung as part of graduation programs, but were hoping alumni would come forward with additional information.

Bill Clift (Class of 1951) responded to inquiries with an answer. He checked his Reporter yearbook from 1951 and found two copies of the program from his senior banquet held in June of that year. The alma mater is part of the program, along with Auld Lang Syne. An insert with the program contained the words to both songs.

Both documents are now part of the university archives. So the only question that remains concerns the alma mater’s origins.

Incidentally, the university has also recently digitized all of its Reporter yearbooks, which were published between 1928 and 1975. The yearbooks were started by the first graduating law class.

I walked past what used to be the Court Towers Deli today in Towson and saw something I haven’t seen in 19 months: people eating.

The Perring Place Express Deli was doing a dry run during breakfast, its second dress rehearsal in a week. The deli, as I’ve chronicled here before, was originally supposed to open by the end of September.

I popped in as the maroon-shirted staffers were preparing to close, so I have no report on the food. (Sources indicated it was tasty, however.) A lady behind the counter said the restaurant could open officially on Monday, although the inflection of her voice seemed to indicate it was more of a prediction than a statement of fact.

I guess we’ll all find out next week.

In my story Monday about Baltimore County Circuit Court, I mentioned that foreclosure filings have inundated clerks’ offices at courthouses around the state, and that Prince George’s County has led the state in foreclosures for at least two years.

Unfortunately, I was unable to obtain foreclosure statistics from the clerk’s office in Prince George’s County by my deadline. But I received the data yesterday, and it’s startling.

In 2006, the clerk’s office received 4,148 filings. (That’s more than Baltimore County has ever received.)

In 2007, the clerk’s office in Prince George’s received 7,019 foreclosure filings.

In 2008, the clerk’s office received 8,237 filings.

This year, through Sept. 30, the clerk’s office has received 9,389 filings - and they are projecting 12,000 for the entire calendar.

Obviously, on an individual and family level the increase in foreclosure filings is bad news. But what does it say about the economy as a whole? Are we flushing out all of the toxic mortgages on the road to recovery? Or has news of the recession’s demise been greatly exaggerated?

Back in 2007, I wrote about the fascinating case of a Mississippi convicted killer and the Ober Kaler lawyers who were helping with his post-conviction appeals.

At first, Alan Michael Rubenstein claimed to have stumbled on the decomposing bodies of his stepson, stepson’s wife and their 4-year-old daughter. But he was later convicted of killing the family himself in order to collect the insurance money on his step-granddaughter. In my story, the Ober team said there were a number of irregularities in Rubenstein’s trial:

The Ober Kaler team says the evidence was not as clear as prosecutors made it out to be. They say there were major problems with a forensic expert’s testimony at trial. They say Rubenstein may not have done it, and will try to persuade Mississippi courts to order a new trial.

“My theory is that jurors wanted to convict somebody of this very horrible crime, especially when there’s a little girl and the pictures are gruesome,” [former Ober partner Ray] Shepard said. “I believe Mr. Rubenstein may, in fact, be innocent.”

The team has a tough battle ahead. The highest court in Mississippi has already soundly rejected most of Rubenstein’s direct appeal claims, and the prosecutors who handled Rubenstein’s case at the trial level say there is no doubt he is the killer.

“He’s a con man and a shyster,” said Dunn Lampton, U.S. Attorney for the Southern District of Mississippi, who handled the case when he was district attorney of Pike County, Miss. “He’s just an unbelievably evil human being.”

Rubenstein was originally sentenced to death, but the Mississippi Supreme Court vacated that sentence in 2006.

I just discovered that last month, Rubenstein was resentenced to life without the possibility of parole, which will run concurrently with his two other life sentences.

Happy Monday!

• The Sun’s doing a little exchange program, prompted by The Wire, where their crime reporter goes to London and The Independent’s crime reporter comes here. Check out the blog set up for the project.
• A moving billboard driving around D.C. on Friday accused DLA Piper of having “blood on [its] hands.”
• How do you handle a depressed client?
• A Kansas lawyer is in hot water for helping a reporter get into a women’s prison to write about illegal sex there. HT: The Crime Report.
• Is there ever a good reason to file 5,415 pages of briefing material and exhibits for a single summary judgment motion?

The Senate Judiciary Committee has unanimously approved the nomination of Virginia Supreme Court Justice Barbara Keenan for the 4th U.S. Circuit Court of Appeals. Keenan must still be approved by the full Senate — just like U.S. District Judge Andre M. Davis, who was approved by the committee for a 4th Circuit seat back on June 4.

Sen. Ben Cardin’s frustration over the delay in getting a vote on Davis surfaced on Tuesday, when the Senate approved West Virginia’s Irene C. Berger as a federal judge in that state.

According to the Charleston (W.Va.) Gazette, Cardin complained that some Republican senators had placed anonymous holds on nominees.

“This is a deliberate effort to try to slow the pace,” he said. “I really think this is wrong, and people should know about this.”

The ranking Republican on the committee, Sen. Jeff Sessions, R-Ala., denied that Senate Republicans were “slow walking” Obama’s nominees.

“I’m not going to remain silent while the record is distorted,” Sessions said.

Fifty-five years of marriage is darned impressive.

So if Ed and Harriet Neufeld of Aspen Hill have found a fun date activity that gets them out of the house together, more power to them.

That said, their hobby is a little… weird.

As the Gazette tells us, the Neufelds, who are retired, go to the Montgomery County Circuit Court weekly to watch cases. “It’s better than television, I’ll tell you that much,” Ed Neufeld told the newspaper.

Really?

The Neufelds must either a) have a really low threshold for what’s entertaining or b) be particularly adept at picking exciting cases to watch. Newspaper reporters tend to cover only the most high-profile court cases, and even those are sometimes incredibly dull. (I imagine that the proceedings at which the sketch above was made, on the other hand, were fascinating.)

HT: ABA Journal.

Legendary comedian Soupy Sales died last week at the age of 83. Sales is perhaps best known as the master of the pie-in-the-face and estimated he had been hit more than 19,000 times, according to his obituary in The Washington Post.

You might say Sales could be considered an authority on pie throwing with all of his experience. And he almost was, according to this nugget from The Post’s obit:

He became something of an expert on the messy staple of slapstick comedy and once testified at a Navy court-martial on behalf of a sailor accused of throwing a pie in an officer’s face. The military court was not amused, and the sailor was convicted.

No word if the sailor turned to the pie-throwing experts from Dewey, Cheatum & Howe on appeal.

On Saturday, I spent a rejuvenating morning serving as a judge for the semi-final round of a moot-court competition hosted by American University’s Washington College of Law.

My service to the Burton D. Wechsler First Amendment Moot Court Competition stirred me in three ways:

1. It made me feel 20 years younger, when I nervously stood as a law student waiting to be grilled by “judges” at the same school;

2. It enabled me to step out of the role of spectator (I have reported on oral arguments for two decades) and participate in the enterprise; and

3. As a husband — and father of a teen and a tween — it was refreshing to have people listen to me and answer my questions.

It also didn’t hurt that the fact pattern and issue were right up my alley.

The head of research and development at a major high-tech company was suing for libel a blogger who had accused him online of running a Mumbaian sweatshop where child laborers built computer components.

The issue before the moot court was whether the company executive qualified as a “public figure” or “private person” under the Supreme Court’s First Amendment jurisprudence, a critical distinction that largely determines who wins the case.

Public figures, to prove libel, have the heavy burden of showing that the reporter wrote an erroneous story either knowing it was false or with a reckless disregard for the truth.  Private individuals need only show that the journalist was negligent in reporting a story that was  untrue.

The three-judge panel on which I served — as “chief” no less — ruled for the reporter. Imagine that.

Former Secretary of State Madeleine Albright wrapped up her 20-minute speech Thursday at the University of Maryland School of Law by joking she was about to do something she never could while a government official – directly answer questions.

Albright did just that for another 20 minutes, touching on a wide range of foreign policy issues in addition to the ones she addressed in her speech. Among the highlights:

• She praised President Obama for working with Russia to deemphasize nuclear weapons and exand the nuclear non-proliferation treaty. “Diplomacy has the greatest value when conducted between people who do not agree,” said Albright, a Confucius-like statement that I had to ponder for several minutes before it made sense.
• She called climate change a national security issue, noting how countries bordering the Arctic have been staking claims on territory previously covered by ice.  But she expressed skepticism about any breakthroughs at the upcoming Copenhagen conference because it might be coming too early in the Obama administration. “Unless we get energy legislation, we can’t push others,” Albright said, adding the Kyoto Protocol probably came too late in the Clinton administration.
• She agreed with a questioner who asked about the changing role of the nation-state in diplomacy. Many of today’s global problems involve internal or territorial issues (think Darfur), or terrorist groups operating among various nations (think al-Qaeda). “What we’re finding is sovereignty is a moving target,” she said. Compounding the problem for the U.S., she added, is that Americans try to defend individual liberties in global hotspots but are the first people to protect the rights of a nation-state.

Albright covered a lot of serious issues, but she was also very funny. Her best lines came when talking about her 2000 meeting with Kim Jong Il in North Korea, “a country so backward it doesn’t even have a multinational law firm.” Albright also mentioned the “puffy-haired” Kim’s stature.

“I wear high heels to be taller,” she said. ”So does Kim Jong Il.”