08.30.08
Best Songs about Family Law / the Law
1. Tainted Love/Where Did Our Love Go by Soft Cell
Usually talks about the first time someone wants to leave a relationship. “I want to get away, I want to runaway.”
2. Should I Stay or Should I Go by The Clash
Cool song by a cool band. Asks the obvious question.
3. Lawyers, Guns, and Money by Warren Zevon
How should we settle disputes? I submit the law allows for the peaceful settlement of disputes. Contact one of the lawyers at Galvin, Dominguez, Hindera, & Schwab LLP and schedule an appointment to see if we can help with your dispute.
4. Know Your Rights by The Clash
Again, this is so important if you are served with any type of lawsuit. Contact your lawyer.
5. What’s Love Got to do With It by Tina Turner
Supposedly a song about her relationship with the late Ike Turner reportedly involving domestic violence, abuse, infidelity, and cruelty. The important thing to take from this is that love has nothing to do with a family law case. It’s about division of assets and/or how to care for the children.
6. No Surrender by Bruce Springsteen
From the time the case begins to the end just remember this line “no retreat, no surrender.”
7. We Can Work it Out by The Beatles
The ultimate mediation song.
8. Burning Down the House by the Talking Heads
How most people feel after a property settlement.
9. Sweet Child of Mine by Sheryl Crow and Guns n Roses
Remember to never get the children in the middle. They are our sweet children. Our beautiful boys and our beautiful girls. Sheryl talks about a boy and G n R about a girl.
10. I Will Survive by Gloria Gaynor
Disco era song that has become the anthem persons involved in failed relationships everywhere. The neat thing is most people do survive.
Other Good Songs About the Law
1. Breaking the Law by Judas Priest
For criminal law. Another cool band. Saw them way back when at the Sam Houston Colisseum in Houston.
2. America by Neil Diamond
The best song for immigration law…except for maybe The Immigrant Song by Led Zeppelin. Never been a huge Neil fan but you got to admit, he is the leader of planet chest hair.
3. Mack the Knife by various artists including Louis Armstrong, Bobby Darin, and Frank Sinatra
Again, criminal law. Talks about the knifing portrayed in the Three Penny Opera.
4. Our Lawyer had Us Change the Name of This Song so We Wouldn’t Get Sued by The Fallout Boys
A song involving music copyright. Not that it actually does, but you got to admit, it’s a cool title.
5. I Fought the Law by The Clash
Yes, another song by The Clash. I’m trying not to be biased even though I wore out the grooves to London Calling and Combat Rock. Later, I played the cassettes so much the tape was paper thin where every third word was missing. Lost the CDs in a divorce. Now I have the songs from ITunes. Seems I was destined to be a lawyer…and sample all music technology.
08.17.08
The Verdict
Long considered a great legal movie, I was fortunate to catch The Verdict playing on HBO in the middle of the night. Rob Galvin, my partner at Galvin, Dominguez, Hindera, and Schwab, LLP., always mentions this movie for a good reason…Frank Galvin is played by Paul Newman.
I have always liked this movie because it deals not only with justice, but with redemption. Frank Galvin’s old associate gives him a med mal case on a silver platter. Easy case, easy settlement; there is no need for a trial. Frank Galvin has gone through some hard times and sees himself reduced to being a drunk and an ambulance chaser. While bungling his way through the settlement process, he finds himself with the prospect that the case needs to go to trial. He shows the difficulty some lawyers face with the process of trial…fear, fear, and fear.
The movie benefits from a great supporting cast including Jack Warden and James Mason as co-counsel and opposing counsel respectively. Good courtroom scenes and a biased judge serve the plot of the movie as well as a surprising performance by Charlotte Rampling as Paul’s would be co-alcoholic girlfriend with a secret.
This is one of those movies you should catch on cable or at Blockbuster if your in the mood for a good legal drama.
4 Gavels.
07.02.08
Possible 2 Year Wait for Divorce in Texas
State Representative Warren Chisum (R-Pampa) plans to submit a bill at the next legislative session that would force Texans to wait 2 years to get a divorce unless they take a class designed to save their marriage. Chisum was quoted in today’s Austin American Statesman, “If this saves one marriage, it’ll be fine by me.”
The Proposal calls for coursework of 10 hours within a two-day period. Lutheran Social Services of the South Inc. is responsible for a 30 county area in Central Texas. Cases involving domestic violence will grant a divorce in 60 days.
It’s good to know Representative Chisum is fine with saving one marriage at the expense of what will probably be thousands of Texans. What with the additional attorney fees paid by citizens to deal with children and property issues during a 2 year wait for a divorce and the additional protective order motions that will be filed and the expenses of the classes paid by the citizens of Texas, the one marriage that Mr. Chisum is “fine” with saving makes perfect fiscal sense and justifies the liberal proposition of state involvement in private affairs.
Perhaps Mr. Chisum can further demonstrate his liberal tendencies by requiring people, who are about to get married, take a course in marriage. Wait, he introduced that liberal bill during the last legislative session. And it becomes law this September 1. But more on that later.
I wonder what would Newt Gingrich would say.
06.28.08
Amazing Grace
Year: 2006 Release Date: February 26, 2007
Written by: Steven Knight
Starring: Ioan Guffud, Albert Finney, Michael Gambon, Benedict Cumberbatch
This is a moving and inspiring movie about actual events leading to the end of the slave trade in Great Britain. Elected to the House of Commons at the age of 21, William Wilberforce (Ioan Gruffud pronounced Ian Griffin) takes his seat in the late 1700s and with zeal and idealism rarely displayed in politics and attempts to end the Trans-Atlantic slave trade. Inspired by his childhood minister, John Newton (Albert Finney), Wilberforce takes on Parliament but also tackles the court of public opinion. John Newton was a former slave trader who, during a storm at sea, took an oath to give his life to the church should he survive. True to his word, he survived and wrote several hymns, the most revered being “Amazing Grace.”
Through the years he is met with resistance and support but the politics and politicians of his time and his measure is defeated year after year. Ready to quit, his new love (played by Ramona Garai) and his old friend William Pitt (Benedict Cumberbatch) reignite his ambition.
One of the finest quotes I’ve ever heard in a movie is made by Lord Charles Fox (Michael Gambon) and is presented here (don’t read if you hate spoilers):
“When people speak of great men, they think of men like Napoleon – men of violence. Rarely do they think of peaceful men. But contrast the reception they will receive when they return home from their battles. Napoleon will arrive in pomp and in power, a man who’s achieved the very summit of earthly ambition. And yet his dreams will be haunted by the oppressions of war. William Wilberforce, however, will return to his family, lay his head on his pillow and remember: the slave trade is no more.”
A great website accompanies the movie with downloads for educators and students. Its located at http://www.amazinggracemovie.com . The song endures as more than a hymn. It is played during funerals of firefighters and law enforcement killed in the line of duty, it was played as an anthem of the civil rights movement, it was played when Nelson Mandela was freed, and it was played during the fall of the Berlin Wall.
06.15.08
No De Facto Parenthood in Maryland
What is De Facto parenthood? It is the raising of a child where an adult has no biological nor adoptive ties to a child. You can feed them, put a roof over their heads, take care of them when their sick, get them to school, suffer with them when they’re down…
“The Maryland Court of Appeal has ruled that the concept of “de facto” parenthood for those who have helped to care for a child but lack biological or adoptive ties is not recognized in that state. Family law attorneys expect the ruling to have broad ramifications for non-traditional families. Advocacy groups said they will petition state lawmakers to pass legislation recognizing de facto parenthood.” Laura Smitherman, Baltimore Sun 05/20/2008
This decision goes so far against the true definition of a “parent.” Being a parent has nothing to do with being present at the moment of conception nor with a document declaring someone a parent. In being a family law attorney, I have been priviledged to know persons who are parents in the truest sense of the word. Some are single parents, adoptive parents, step parents, guardians…anyone who has loved a child
05.30.08
YFZ Update
Yesterday, May 29, 2008, the Texas Supreme Court issued an opinion on the Writ of Mandamus filed by CPS in the case involving the El Dorado FLDS children. The opinion states, “Having carefully examined the testimony at the adversary hearing and the other evidence before us, we are not inclined to disturb the court of appeals’ decision. On the record before us, removal of the children was not warranted.”
Two clarifications on this matter. I’ve received a lot of e-mails regarding the “orders” of the Supreme Court. The Court did not make any orders. By not doing anything, the Writ of Mandamus issued by the Third Court of Appeals in Austin, Texas remains intact. Second, by making no findings and making no orders, everything in the Supreme Court opinion is dicta.
You can find the decision of the Supreme Court at http://www.supreme.courts.state.tx.us/historical/2008/may/080391.pdf
You can find the decision of the Third Court of Appeals at http://www.3rdcoa.courts.state.tx.us/opinions/PDFOpinion.asp?OpinionId=16865
Rob Galvin and I were involved in this case and participated in the Court hearing described in the opinions. Our firm, Galvin, Dominguez, Hindera & Schwab, LLP, represents clients in all types of family law matters. You can find us at our firm website: http://www.gdhs-familylaw.com/
05.26.08
Son of Rambow
Year: 2008 Release Date: May 2, 2008
Starring: Neil Dudgeon, Bill Milner, Will Poulter, Jessica Stevenson
Could this happen with the Mormon children?
In the early 1980’s, Will Proudfoot deals with the death of his father and being a member of The Brethren, a non-specific religious organization, shunning modern conveniences such as television and movies. In school, he meets Lee Carter, the school bully who shows him his first movie, a bootleg copy of First Blood starring Sylvester Stallone. Thinking of his father, Will helps Lee make a movie for a competition call Son of Rambow.
The two become friends (actually going through a blood brother ceremony) making the movie with Will. A visiting French foreign exchange student takes over the movie with his friends and Will receives new-found attention placing him at odds with both Lee Carter and his family who strongly follow the teaching of the Brethren.
This movie should be the pleasant surprise of the summer. Although a movie such as this does not have the blockbuster appeal of Speed Racer or Indiana Jones, your movie dollar would be better spent with this well-written story.
Being involved in the FLDS case, I wonder how some of the removed children may react to exposure to the modern world after being secluded on YFZ ranch. If these children were exposed to media, I would hope it would be this movie that shows the importance and strength of friendship and reinforces family relationships. See it with a good friend or your family. Either will be for the better.
Three Gavels
05.25.08
Mildred Jeter Loving Dies
I found out earlier today that Mildred Loving died at the age of 68 on May 2 of this year. A brave woman and the Petitioner to the Supreme Court case of Loving v. Virginia. This is an important case not only for civil rights but for family law.
The United States Supreme Court declared Virginia’s anti-miscegenation statute, the “Racial Integrity Act of 1924″, unconstitutional, thereby overturning Pace v. Alabama (1883) and ending all race-based legal restrictions on marriage in the United State. States maintained similar laws ending with Alabama in 2000.
Miscegenation statutes were enacted to criminalize marriages between Anglos and African Amercians.
05.24.08
Recent Family Law Court Rulings
Earlier this week, the Third Court of Appeals in Austin, Texas issued a decision on a writ of mandamus for the case involving the YFZ Ranch in El Dorado, Texas. The Court made findings in regards to a section 262 hearing in San, Angelo, Texas. Rob Galvin and I both attended the hearing because we each represent children who were removed during a night-time raid by CPS investigators, SWAT teams, Texas Rangers, and what was described at the hearing as a tank. I’m assuming it was an urban assualt vehicle.
The Court ruled, “The Department failed to carry its burden with respect to the requirements of section 262.201(b). Pursuant to section 262.201(b)(1), the danger must be to the physical health or safety of the child.” Additionally the Court found, “The Department also failed to establish that the need for protection of the Relators’ children was urgent and required immediate removal of the children.”
I anticipate CPS will appeal this ruling to the Texas Supreme Court if it has not already.
The California Supreme Court recently ruled on a consitutionality issue of same sex marriage under the California constitution. Specifically, the question addressed, “is whether…the failure to designtate the official relationship of same-sex couples as marriage violates the California Constitution. The Court ruled, “In the present case, it is readily apparent that extending the designation of marriage to same-sex couples clearly is more consistent with the probable legislative intent than withholding that designation from both opposite-sex couples and same-sex couples in favor of some other, uniform designation.”
Apparently, the issue of this case is what to call same-sex unions and the Court is stating that the term is “marriage.”
I will be in San Angelo later next week for my part of this case and Rob Galvin will be in court the following week. Galvin, Dominguez, Hindera, & Schwab, LLP represents the interests of our clients whether they are parents or children. The firm website is at www.gdhs-familylaw.com.
05.22.08
The Chewbacca Defense
Show: South Park Episode: Chef Aid
Related Movies: Star Wars: Episode 3, Revenge of the Sith; Episode 4, A New Hope; Episode 5, Return of the Jedi (all with Chewie)
One Funny Legal Scene
This gets into the Family Law Blog because this is just plain hilarious and is part of advocacy. Rob Galvin, a partner at my firm (http://www.gdhs-familylaw.com/) , told me about the Chewbacca Defense very early in my career. Although I have yet to use it in court, I have borrowed a bit from the Chewbacca Defense at various times in my career practicing family law.
In the show, Chef is sued by Capitalist Records Company for claiming he wrote the song “Stinky Britches” that was recently released by Alana Morisett’s label. Capitalist Records Company hires Johnny Cochran to sue Chef. Everyone, including the local South Park media, wonders whether Cochran will use the famed Chewbacca defense.
I cannot do the Chewbacca Defense justice. Every litigator should see it. You can see it here. I do not believe that the Chewbacca Defense makes the Star Wars series legal movies. But, does Luke going before the Emporer and Han and Luke going before Jabba in EP 6 make Return of the Jedi a legal movie? My thought is no because it should remain what it is….the greatest Father’s Day movie of all time. (A father and son trying to kill each other with light sabers; would this be allegory?)
