Contemporary Legal Issues with Professor Angelo J. Corpora, and distinguished guests Spring 2003

Guest:  Prof. Susan Nauss Exon, J. D., University of La Verne College of Law, Author of The Internet Meets Obi-Wan Kenobi in the Court of Next Resort

Contemporary Legal Issues
Cyber Law
Cyber Court, the Court of next resort
Tape Date: January 29, 2003
Format: Panel Discussion
Host: Professor Angelo J. Corpora

For Discussion:

• Introduction of guest (Law professor, J.D. University of Wyoming College of Law, etc)

• What is the background and history of Cybercourts? Why is there a need for an International Cybercourt?  (Global economy) Examples of disputes suitable for Cybercourt.

• What are the jurisdictional concerns? What is the “ minimum contacts” rule?  How does this apply to internet cases? (landmark case, Zippo Manufacturing Co v. Zippo. Com.) What is the holding in Zippo? How is personal jurisdiction established?

• Can you describe the concept of  your proposed international Cybercourt?  Purpose? What will Cybercourt Central look like? (technology, website, etc) What is the registration component?

• How will the court work? (holography/virtual reality) What are the advantages and disadvantages of Cybercourt Central?

• How is your proposal innovative? Are there other “cybercourts?”

• Closing remarks.

Guest:  Robert Levin, J.D., L.L.M., Senior Counsel for Science Applications International Corporation. 

Contemporary Legal Issues
Employment Law
Tape Date: February 5, 2003
Format: Panel Discussion
Host: Professor Angelo J. Corpora 

For Discussion:

• Introductions of guest and subject.
• What is Arbitration? What is the background and history of Arbitration in this area? (Federal/State) Federal Arbitration Act (1925), California Arbitration Statute (1927, 1961)
• How does Arbitration work? What are the advantages/ disadvantages? (time, cost, privacy etc), (no jury trial, limited discovery, appeals etc) How is an arbitrator selected?
• What are some of the collective bargaining issues? Union/management relationships. Resolution of grievances/quid pro quo for a no-strike clause. (Alexander v. Gardner-Denver, contractual rights under CBA are distinct from Title VII statutory rights)
• What was the EEOC‘s position on mandatory arbitration agreements? What is it now? SAIC’s application, model and a first.
• Are arbitration agreements valid? What are the requirements to enforce arbitration agreements? (unconscionability of arbitration agreements)
• Closing remarks.  

Hon. Victor Ramirez, Ret.
 

Constitutional Law
The Right to Counsel
(Video footage of Westerfield, etc)

• Today we will focus on the 6th amendment right to counsel. In the aftermath of the Westerfield trial the defense team and Steven Feldman in particular were vilified for their aggressive defense of David Westerfield, who now faces the death penalty for the murder of Danielle Van Dam.
• 
  My guests tonight are the Hon. Victor Ramirez, who just recently retired from the Superior Court, Richard Layon, a criminal defense attorney, and past president of the North County Bar Association, and Steven Carroll, the Public Defender for San Diego County. My distinguished panel will help us to understand what the 6th amendment right to counsel means - and does not mean.

Paralegalism
Tape Date: March 5, 2003
Format: Panel Discussion 
Host: Professor Angelo J. Corpora

Guest: Chere B. Estrin, PH. D. author of The Successful Paralegal, & Paralegal Career Guide Stephennie Tieri, CLA, paralegal, Seltzer, Caplan, McMahon, Vitek, & past president of the San Diego Paralegal Association

For Discussion:

• Introductions of guest and subject. 
• What is paralegalism? What is the history of the paralegal profession? (ABA’s Role, NALA, NFPA, SDPA, etc) How do paralegals facilitate access to justice?
• How do successful paralegals find the right job? What is the job market? Why is paralegalism one of the fastest growing professions?
• What are some of the current trends? (the freelance paralegal, etc) Name change to paralegal v legal assistant, new professional association, etc)
• What kind of professional credentials do paralegal obtain? What is the CLA credential? RP? Why is it important?
• What is the future? (non-traditional careers, additional duties etc) What is career coaching? Why is it important for paralegals?
  
• Closing remarks.

Roberta Robison, Attorney at Law &
Gary Armstrong, Attorney at Law

 Estate Planning
The New Estate

Tape Date: March 5, 2003
Format: Panel Discussion 
Host: Professor Angelo J. Corpora

Guests: Roberta J. Robinson, Attorney at Law, Certified Specialist, Estate Planning, Trust, & Probate; Gary Armstrong, Attorney at Law, CPA, Certified Taxation Law Specialist and Certified in Estate Planning, & Trust Law

For Discussion:

• Introductions of guest and subject.

• What is an estate plan? Who should have an estate plan, trust?

• What is a will? Why do so many people avoid preparing a will? How does the will work with a trust, estate plan etc? What is the effect of dying without a will? (intestate succession statutes)

•  What are some of the current trends in estate planning? What is a living trust? (AB trust, etc)

• Should in plan also contemplate making gifts, bequest to charities, etc? How much can you give away? Should you wait until the new laws are passed?

• What is the impact of the proposed tax law changes pending in Congress? Should we wait until the law is clarified?

• Closing remarks.

Guylyn R. Cummins, Attorney-at-Law, Partner, Gray Carry

Marjorie Cohn, Thomas Jefferson School of Law

Andrew Donohue, Staff Legal Writer, San Diego Daily Transcript

Constitutional Law

First Amendment Jurisprudence and the Courts
Tape Date: March 12, 2003
Format: Panel Discussion 
Host: Professor Angelo J. Corpora

Guests: Guylyn R. Cummins, Attorney-at-Law, Partner, Gray Carry, Andrew Donohue, Staff Legal Writer, San Diego Daily Transcript, and Marjorie Cohn, Professor of Law, at Thomas Jefferson School of Law, co-author, “Cameras in the Court Room: Television and the Pursuit of Justice”.

For Discussion:

• Introductions of guest and subject. (Clip of O.J. Simpson Trial)

• What are the rules for cameras in the courtroom in the aftermath of the O.J. and Westerfield trials? (Clip of Justice Huffman, from Contemporary Legal Issues) Why is the rule different in Federal Courts? (Zacarias Moussaoui)

•  What is the role of the newspaper reporter? How is it different than the eye of the camera? Is there a role for the camera in the court room? (Court TV, Crime and Punishment, etc)

• What has been the impact on the criminal justice system after so many high profile trials? Is the public being served or just entertained? What are the competing interests, issues, etc? 

• How do we balance these competing interests and best protect the First Amendment? What is the balancing test used in 1st amendment jurisprudence? Are there costs in protecting free speech? 

• How should we view the First Amendment today? Should it be restored by the Court to its original “preferred position”? Madison, as the author of the Bill of Rights considered the 1st amendment to be the “most valuable amendment on the whole list.” 

• Closing remarks. 

Hon. Victor Ramirez, Ret.

Dale Kelly Bankhead, ACLU

Constitutional Law
The USA Patriot Act
Tape Date: March 19, 2003
Format: Panel Discussion 
Host: Professor Angelo J. Corpora

Guest: Marjorie Cohn, Professor of Law, at Thomas Jefferson School of Law, Dale Kelly Bankhead, Public Affairs Director, ACLU of San Diego and Imperial Counties, and the Hon. Victor Ramirez, Ret.,

For Discussion:

• Introductions of guest and subject. 

• What is the USA Patriot Act? What are some of the major provisions of the Act? ( insert graphic) What is the background, etc (post 9-11)

• What is the significance of the act for the average American? Is the act a dangerous over-stepping by the government, or a necessary reaction to fight the war on terrorism?

• What has been the impact on the “war” against terrorism? Has safety increased within America?

• The court has enunciated constitutional limitations historically. (you can not yell fire in a crowed theater, or list the date and times of troop ships departing, etc) On balance, does the act bring violence to our individual rights and liberties? Is there an alternative?

• What is Patriot Act II? Does it restore individual rights or further diminish rights and liberties?

• Closing remarks. After the war is over, will there be a permanent loss of liberty, can we return to the America of September 10, 2001? 
  

Carol C. Lam, United States Attorney, Southern District of California

The United States Attorney
Carol C. Lam
Tape Date: March 26, 2003
Format: Interview Format 
Host: Professor Angelo J. Corpora

Guest: Carol C. Lam, the United States Attorney, for the Southern District of California

For Discussion:

• Introductions of guest and subject. 

• What was the journey to become the U.S. Attorney? (Lawyer, Judge, author, etc) BA Yale, JD Stanford, (insert book) Chief of the Major Frauds Section, $110 million, Medicare fraud case

• Can you describe the organizational structure of the office of the U.S. Attorney? What is its mission? Employees? Located? Etc.

• What are your major goals? Priorities? (White collar crimes)

• Why white collar crimes? What is the cost to the U. S. ($90 billion, health care, Fraud & abuse $400 Billion, etc) 

• What are the most prevalent white collar crimes in San Diego? Can you profile a white-collar crime offender? 

• Closing remarks. 

Bonnie M. Dumanis, District Attorney of San Diego County

The District Attorney
Bonnie M. Dumanis

Tape Date: April 2, 2003
Format: Interview Format 
Host: Professor Angelo J. Corpora

Guest: Bonnie M. Dumanis, the District Attorney of San Diego County

For Discussion:

• Introductions of guest and subject. 

• Can you share with our audience your background, (Law School, Lawyer, Judge, etc) Why did you want to become the District Attorney?

• Can you describe the organizational structure of the office of the District Attorney? What is its mission? Employees? Located? Etc.

• What are your major goals? Priorities? What is your vision?

• What are some of the major challenges facing you? (fiscal, terrorism, the Border, etc)

• Closing remarks.