Tuesday, November 2, 2010

10-11-03 Historic perspective on the scope of judicial corruption in the US Robber Baron Revival Era? // Perspectiva histórica sobre el alcance de la corrupción judicial en los EE.UU. Robber Baron Revival Era?


Worldwide corruption, per Transparency International, a US based organization, which routinely fails to report on corruption in the United States.


For publication in an international law journal, I am seeking peer-reviewed papers, as reference, in order to place the level of judicial corruption today in historic perspective.
The only good paper that I have found so far was one reviewing corruption of the clerks of the US court. [1] Corruption of the clerks is claimed to be central to corruption of the courts today as well, and I claim that corruption of the clerks had to reflect misprision and corruption by judges during the same periods as well.  Therefore, periods when corruption of the clerks was rampant, were likely to also be periods of rampant corruption of the judiciary. 
However, I would rather have a reference to historic review of judicial corruption in the United States.
Any help would be appreciated.

LINKS:
[1]
10-07-23 Order in The Court - History of Clerks of United States Courts
http://www.scribd.com/doc/34819774/

10-11-02 The Judiciary-Banking Complex in Action


Foreclosures were largely through court actions based on patently false banking records. Such conduct was never stopped by the judiciary, only by the banks themselves - after markets were glutted with foreclosed properties.
See:
10-10-08 Bank of America Issues Nationwide Moratorium on Foreclosures - CNBC Foreclosure Primer

10-11-02 The Civic Duties of the Common Person in the Robber Baron Revival Era

FROM THE LAWSTER DISCUSSION GROUP


On 11/3/2010, Joseph Zernik wrote:
Janet:
I never suggested that it was the answer.  I am just pointing out to you that what you are documenting is of historic magnitude, and no solution is likely to emerge anytime soon... 
In a recent visit to Amsterdam, I found people there still talking about the "setting in of the Age of Aquarius"... To the best that I could recall, the "Age of Aquarius" was said to be "dawning" in the 1970s, as an era of "harmony and understanding"...
In contrast, I claim that we are at the dawn of a Robber Baron Revival Era, characterized by looting of the people of the United States by the Judiciary-Banking complex... 
The Era may last decades, or more, so I was just advising you not to hold your breath...
The civic duty of the common person in the Robber Baron Revival Era is to document the scope of abuse taking place under our watch.
Keep up the good job!
 
jz 
At 04:32 AM 11/3/2010, Janet wrote:
Dear Joseph,
Creating a record is only one step of the process. You are deluded if you think it is the answer.
Warmly,
Janet Phelan 
On 11/2/2010, Joseph Zernik wrote:
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Janet:
You are deluded if you believe that anybody could help in these matters within any reasonable time.  Instead, you should continue to write, publish...
The civic duty of the common person in the Robber Baron Revival Era is to document what is happening under our watch.  In previous periods, records were kept mostly by government and the powers that be.  People like Howard Zinn revolutionized the field with his "People's History of the United States".
However, today, it is much easier to create records of the abuse.
Keep up the good job!
Joseph

At 09:27 PM 11/2/2010, Janet wrote:

I am on deadline and just submitted an article to the Sentinel concerning a probate attorney kidnaping  his father, who is under a conservatorship (the probate attorney is now the trustee of the dad's estate and a sister is the conservator) stealing him away from his home and his wife in order to put him into a guarded assisted living facility. There has been no rationale provided for this.

In quick succession, the probate attorney then evicted his own brother from a home that the dad had granted the brother prior to the initiation of the conservatorship.  The brother has a wife and three small children, the youngest of whom is not quite two. 

Adding injury to more injury, the probate attorney then garnished the wages of the now homeless brother's wife, in order to pay his attorney fees.

The family thinks the dad is going to be dead in no time.  The judges have been cleared of conscience...they have had their consciences removed and replaced by dollar signs.  What I am so concerned about is that the legal reform community doesn't seem to respond much better.

I can get no one to help me with my case and the people I am in touch with, my ever growing pool of victims, find at best an attorney to hire who stabs them in the back. 

What happened to people? Are we so desensitized to human suffering, is it the video game culture, the fluoride, what is it? 

I go to these movies, particularly the vampire movies, like daybreakers, to get a feel for the metaphysic of our times. Over and over again I see the same theme emerging...something has happened to people and there are those among us who will now eat  us for lunch. Or more aptly, perhaps, for a few bucks.

Janet

--- On Tue, 11/2/10, william scott <04wmscott@comcast.net> wrote:

From: william scott <04wmscott@comcast.net>
Subject: RE: Why are we stymied in impotency?
To: lawsters@googlegroups.com
Cc: "'Mark Adams'" , "'Montgomery Blair Sibley'"
Date: Tuesday, November 2, 2010, 12:55 AM
Janet,
The issue in most, if not all, of the presentations you refer to is at what level is the conscience of a court shocked.  
So none of  the responses are tangents to your interests.  
What we must do is develop a conscience for the legal system..  
The use of the newspapers by W. Mark Felt should have given the legal system a wakeup call,  see My life as a G-man, but it did not.  
The discovery of DNA evidence should have forced reforms upon the system, see ABA study of Texas and Florida death penalty cases, but it has not. 
In Florida, the Supreme Court has appointed a Commission to investigate the DNA issues but with restrictions and without mention of the ABA study.  
Absolute immunity prevents the development of a conscience by the legal system and arms them with the weapons to inflict retribution upon anyone who tries to force an examination of the wrongs it condones.   
The cases you study are among the most egregious.  
The theft of my clients money and my suspension pale by comparison, but if we start with the facts of their and my case, we may be able to cause the legal system into providing justice to the people.  The system will never voluntarily admit the facts of the cases you present or the wrongful convictions in the death penalty cases, too severe for them.  We must begin with something relatively harmless.
Bill
William Sumner Scott
3109 Grand Avenue, #183
Miami, FL 33133
305 961-9949
04wmscott@comcast.net
________________
From: lawsters@googlegroups.com [ mailto:lawsters@googlegroups.com] On Behalf Of Janet Phelan
Sent: Monday, November 01, 2010 6:02 PM
To: lawsters@googlegroups.com
Subject: Re: Why are we stymied in impotency?
I see where the discussion is going off on all sorts of interesting tangents. I would really appreciate a thoughtful response here! Thank you,
Janet

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10-11-02 The Judiciary-Banking Complex, the Greater Depression, and Piercing the Corporate Veil //

FROM THE LAWSTERS DISCUSSION GROUP
_   _ _
Benjamin Cardozo (in office 1932-1938)_ Louis Brandeis_(in office 1916-1931) _Learned Hand (in office 1924-1961)
[]
2010 Supreme Court of the United States
On 11/1/2010, Joseph Zernik wrote:
I agree regarding  the contribution of Cardozo, Brandeis, and their colleagues in "piercing the corporate veil".  Contrast that with the recent decision of the Supreme Court of the United States regarding First Amendment rights for corporate spending on political campaigns, and you get a Moment of Clarity, regarding the role of the judiciary then and now.

At 07:55 AM 11/1/2010, Charles wrote:

I like the phrase "Judicial-Banking Complex" as an evolutionary stage growing out of the "Military Industrial Complex", though "corporate-government financial bureaucratic complex" might be both more generic and simultaneously more accurate, but I would disagree on your historical analysis in that, I'd say, there's never been ANYTHING like this in US (or world) history, because the relics of the Military-Industrial are still BEHIND the Judicial-Financial Complex.  
On the one hand---I think America was MUCH Freer in the "Substantive Due Process/Robber-Baron Era" of 1885-1925, and in my opinion, Roosevelt created much of the hard foundation for the current crisis---and cured and prevented nothing except a possible popular revolution (or at least a very violent rebellion) in the 1930s.  
It was the "progressive" reforms of 1905-1920 in particular, which had a lot of judicial support, including such ambiguous heroes as Oliver Wendell Holmes, Benjamin Cardozo, and Learned Hand, which ultimately undermined the substantive due process advocate and their world view.
I am not sure we can "thank" Roosevelt for having done so, either, although my grandparents were grateful because they perceived the alternative as full-fledged communistic uprising.  There are all kinds of evidence that such things were brewing.....but they have been largely ignored by historians of the period---because Roosevelt is worshipped almost as though he were a Saint, especially in the Ivy League and Wall Street quarters where fear of the possible American Bolshevik seizure of power was greatest.   The popular rebellions which might have formed, during the 1930s, without the New Deal, in my opinion might well have had nothing to do with "world communism" as it was understood at the time.
Charles E. Lincoln, III 

 
Tierra Limpia
Tel: 512.968.2500
Deo Vindice
"God be with you,
and with thy spirit!" ____________
Von: Bob Sherin
An: lawsters@googlegroups.com
Gesendet: Sonntag, den 31. Oktober 2010, 18:23:43 Uhr
Betreff: Re: The Greater Depression, or Why are we stymied in impotency?

Very astute Joseph, but we can organize as a moving force in opposition.  Bob, nl

On Sun, Oct 31, 2010 at 7:54 AM, joseph zernik <jz12345@earthlink.net> wrote:

The job is much more difficult then you realize. Those in power are not going to yield powers that they have usurped easily.  My analysis indicates that the US is now controlled by a judiciary-banking complex, much stronger than the old military-industrial complex.  Moreover, the judiciary have managed to get us to what I call "Robber Baron Revival Era".  Basically, we are back to 1920 or something like that, and what we are experiencing is worse than the Great Depression. Then too, it took Roosevelt, and the New Deal, and a threat to "pack" the Supreme Court, in order to get the US out of the situation.
That is the magnitude of the job ahead.
At 01:23 AM 11/1/2010, Bob wrote:
All right, good, we see eye to eye.  Unfortunately, I'm not that leader either, though I have lots of time on my hands.  If one or more with vision, knowledge and organizational skills would only emerge and lead the rest of us, we could do the job, I know.
Bob, nl 

On Sun, Oct 31, 2010 at 6:27 PM, legal abuse syndrome <legalabuse@gmail.com> wrote:

I agree and I am in for the race but cannot organize it or even create on that level as I am stretched to the maximum but no unhappily.
I do not see it as a negative campaign.  I admire each of you and support your efforts as you can tell with my years of service to Meryl.
I am sorry if you misunderstood what I meant.  I open so many emails each day with much negative and I have to stay away from anything that is non productive.  I am really devoted to grassroots efforts and know how critical it is to deal with entrenched corruption.  Florida is deadlocked in entrenched corruption.  They are ready for anyone coming down the main legal path.  We have to find innovative ways to get around it.  No authority cares.
Karin
On Sun, Oct 31, 2010 at 4:12 PM, Bob Sherin <bobsherin@gmail.com> wrote:
Karin,
From your perspective, you're not impotent:  You lead a meaningful, helping life.  If you consider my hue and cry negatively unworthy, that is your prerogative.  I too am always involved in my own meaningful work with this issue. 
But I see a huge campaign ahead, where some leader or leaders rise to the top, organize a grass roots movement to legally topple this manifest injustice, making whole Jack Thompson, Mark Adams, Meryl Lanson, Steve Esdale, Matthew McMillan, Nancy Grant and other deserving folks, most of whom I don't even know.  To be part of such a movement would be the crowning achievement of my life because it could move mountains.  Sorry, you see this as a negative campaign. 
Bob Sherin, nl


At  PM 11/1/2010, Joseph Zernik wrote:


Securitization was only a small part of it.  Securitization became a necessity, since sub-prime lenders have been funding for about a decade prior to 2007 government-backed Uniform Residential Loan Applications (1003s) in disregard of fundamental "sound banking principles" and regulations of the Federal Reserve.

At 04:29 PM 11/1/2010, Jon wrote:

Wrong. The financial crisis that hit us in 2007 and since was not subject to and would not have been avoided by the regulations that had been removed since about 1992. The beginnings of securitization go back to 1985. There have never been any regulations that would have retarded this crisis, much less avoided it, nor are there any bureaucratic regulations that can do so in the future. I have long proposed about the only kind of intervention that might help: the use of grand juries to investigate and expose unsound business practices before they can cause disasters, but not using "regulations" as they are used by the Administrative State, which can never anticipate all the ways clever speculators can find to risk our money. We need teams of ordinary, common sense citizens to poke around looking for dangerous practices, without preconceptions of what they are looking for.

On 10/31/2010 09:07 PM, joseph zernik wrote:

Through deregulation, we were placed back at around 1920, with predictable results.

-- Jon

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