Grand Jury Research Articles

Ethics Rules Lawyers Should Remember

This paper discusses the Colorado Rules of Professional Conduct as applicable to business, transactional, real estate, and title lawyers in Colorado. This paper also discusses comparable rules of professional conduct and interpretations from a number of other states and the ABA's Model Rules of Professional Conduct, including newly adopted Model Rule 8.4(g) and its potential negative impact on practicing lawyers, notwithstanding the good intentions of the rule. This paper addresses many of the 2018 and earlier interpretations, including regarding waiver of attorney-client privilege and work-product through incautious use of modern communications technologies and electronic file storage. It also discusses practical and ethical aspects of an attorney accepting cryptocurrency for legal fees or as a retainer, new developments relating to multi-party representation, and the application of recent interpretations of a prosecutor's duties under Rule 3.8 to subpoenas issued by grand juries to lawyers.

Criminal Antitrust

In the crucible of defending a criminal antitrust case working with outstanding criminal defense lawyers soon after the Supreme Court revolutionized sentencing law by holding the Constitution requires the jury, not the judge, to decide key sentencing fact issues in Booker and related cases led to areas of criminal constitutional law outside the usual purview of antitrust. This unusual mix of law and people combined to create the discovery of five new constitutional defenses contrary to long-accepted practice in criminal antitrust that can be asserted to the Antitrust Division early in an antitrust criminal investigation, in motions to dismiss an indictment, before or at a charging conference and otherwise: (1) The standard antitrust practice of the judge, not the jury, deciding the “naked agreement” element of a per se crime is unconstitutional. (2) The standard per se antitrust jury instruction that conclusively presumes the statutory restraint of trade element of the crime is unconstitutional. (3) The standard antitrust practice where the antitrust division, not the grand jury, decides the “naked agreement” element is unconstitutional. (4) “Naked agreement” facts are “essential facts” that must be included in the indictment or the indictment is defective and unconstitutional. (5) All per se crimes are common law court created crimes, and thus unconstitutional because only Congress can create crimes.

What Public Defenders Don't (Have to) Tell Their Clients

New York State courts, like many other state and federal courts, have seen an increase in cases that pit lawyer versus client; where the lawyer wanted to proceed in one way and the client wanted to go in another direction. The resulting decisions, often inconsistent and irreconcilable, reflect the difficulties in navigating the lawyer-client relationship.Recently, the New York Court of Appeals again waded directly into the muddy waters of attorney versus client decision-making. On the face of it, the Court was deciding whether counsel needed his client’s consent before telling the prosecutor that his client would not exercise his statutory right to testify in the Grand Jury. However, lurking beneath the surface are the larger and related questions of who, between lawyer and client, has ultimate decision-making power, and what information lawyers must provide clients about their rights.

Too ‘Extreme’: gonzo, snuff, and governmentality

ABSTRACTIn the early 2000s, Extreme Associates was one of the most controversial gonzo porn production companies, famous for its outrageous videos which often featured fictional rape and murder scenarios. In August 2003, a grand jury indicted the company on federal obscenity statutes. The financial burden of the defence led Extreme Associates to seek funding from the pornography industry. However, the industry turned its back on them. In particular, Larry Flynt – owner of porn colossus Hustler and ‘elder statesman’ of the pornography industry – condemned the company and engaged in an online debate with Extreme Associates producer Robert Zicari. This article analyzes the legal history of Extreme Associates’ trials and the reaction of the porn industry as a whole, trying to answer a simple question: ‘What is too “Extreme” for pornography’?

Media Coverage of Ferguson, Missouri: A Normative Approach

AbstractThis study seeks to examine media coverage of the Ferguson, Missouri racial tensions and police action following the grand jury decision, with a focus on stories which include religious leaders, religious comments, or those that take place in community churches or religious centers. Through a mixed-methods approach of critical discourse analysis and a normative analysis of the coverage, the research attempts to bring understanding of the role religion plays within the media, and provide suggestions as to how the media can cover religion more effectively not only during times of unrest, but on a more regular basis.

Кино как средство массовой коммуникации

Philosopher and political expert Alexandr Pavlov has been conducting special research of mass culture and cinematograph for many years. He is an author of a book «Shamefull pleasure», where mass cinematograph is analysed as a reflection of important social and political processes in society and as a way to represent certain ideology. In the following interview Alexandr Pavlov tells about the relationships between cinematograph and mass-communication tools.During the interview different points and aspects of art are introduced. Alexander Pavlov declares that some movies as pieces of art can be used as a tool for mass-communication and gives some examples: “12 Years a Slave” (2013, Oscar winner by English film director Steven McQueen, an adaptation of the 1853 slave narrative memoir by Solomon Northup) and “Fruitvale Station” (2013, Grand Jury Prize of Sundance Film Festival, an American biographical drama film written and directed by Ryan Coogler).Alexander Pavlov applies Lasswell`s communication model for cinematograph and claims that there can be mutual benefication between Cinema Studies and Communication Studies.Pavlov also shares his views about videoart and resumes some differences between videoart and cinematograph, as not every movie can be called “art”.In conclusion Alexander Pavlov gives brief review of “zapping” and infer that some products of mass-communication can still be a piece of art, which will enrich consumer.

No Votes in Justice Means More Wrongful Convictions

At the expense of justice, governments improve the cost-efficiency of the criminal justice system but thereby weaken the safeguards against wrongful convictions. Doing so makes more money available to be spent on more politically profitable areas because there are no votes to be gained by improving the system. As a result, the poor state of resources given the criminal justice system, increases the probability of wrongful convictions in these ways:1. Prosecutors’ method of plea bargaining changes so as to produce more guilty pleas which increases the probability of wrongful convictions. Such change is an attempt to counteract overcrowded and lengthening pre-trial custody in very bad jail conditions due to very inadequate government funding of such facilities.2. Procedural laws, such as those concerning the disclosure and admissibility of evidence, provide inadequate opportunity to challenge the reliability of evidence produced by complex technology.3. Therefore rules of procedure and practice always give way to, so as to compensate for, the lack of adequate resources, instead of holding firm to maintain the safeguards against wrongful convictions.4. The longer is pre-trial custody, the greater is the probability of a guilty plea, which increases the probability of wrongful convictions.5. The probability of wrongful convictions is increased by increasing numbers of defendants in the courts without lawyers, which is due to: (a) very poor government funding of legal aid programs; and, (b) law societies’ failure to attempt to solve the unaffordable legal services problem — the one aggravates the damage done by the other. And,6. The lack of coordination among: (1) governments; (2) the law of disclosure laid down by the courts; and, (3) law societies, is increasing the probability of wrongful convictions.The article begins with the author’s experiences as an Assistant Crown Attorney (a Crown prosecutor) in the criminal courts of Toronto, Canada, in 1966-1976. It deals with the changes since then in regard to, plea bargaining, disclosure to defence counsel, and the preliminary inquiry, and with Ontario’s grand jury until it was abolished in 1975.Several supporting articles are cited in regard to: (1) the use of electronic records technology to produce electronic records as evidence without regard to the serious, common defects in their: (a) software; and, (b) records management and control; and, (2) the access to justice issue that is the unaffordable legal services problem, which is clogging the courts with self-represented litigants, which greatly slows the processing of cases.This article contains history concerning, plea bargaining, disclosure, and the grand jury in Canada, that is not otherwise available.

Sun Pharma gets U.S. subpoena

The Indian generic drug maker Sun Pharmaceutical Industries is the latest drug company to receive an inquiry on pricing from U.S. authorities. Sun Pharma says its U.S. subsidiary received a grand jury subpoena from the Department of Justice’s antitrust division seeking information on generic drug pricing and communications with competitors and others on the sale of generics. The probe comes as Congress is pressuring regulators to investigate rising generic drug prices. Other generic drug makers including Dr. Reddy’s Laboratories, Allergan, and Par Pharmaceutical received subpoenas last year.

“To Be Actually Honest”: An Interview with Reginald Hudlin, Writer, Producer, Director, and Executive

“To Be Actually Honest”:An Interview with Reginald Hudlin, Writer, Producer, Director, and Executive Joi Carr (bio) Academy Award nominee Reginald Hudlin is an innovator and has spent most of his career in cinema and television, although his work cuts across several media (television, film, comic books, animation, documentary, music videos, and live entertainment production), evidencing success after success, both market and critical. He somehow always seems to find himself in the right place at the right time with the necessary creativity and resources to fill a gap. Along with his brother, Warrington Hudlin, “The Hudlin Brothers” were a central force in the independent black cinema movement in the 1980s and 1990s. They made it their business to tell stories that featured African Americans that were wildly successful, beginning with the hip-hop classic House Party (1990), that launched a three-feature franchise starring Kid ‘N’ Play (Christopher “Kid” Reid and Christopher “Play” Martin), Martin Lawrence, and Robin Harris, receiving the Sundance Film Festival Filmmakers Trophy (Reginald Hudlin), Best Cinematography (Peter Deming), and nomination for the Grand Jury Prize (Reginald Hudlin), and then next with the romantic comedy Boomerang (1992) featuring Eddie Murphy, Halle Berry, Martin Lawrence, David Alan Grier, Chris Rock, Robin Givens, Eartha Kit, and Grace Jones. Boomerang earned $130 million globally and spawned a double platinum soundtrack produced by Antonio “L.A.” Reid and “Babyface” (Kenneth Edmunds), which made Billboard music chart history with Boyz II Men’s “End of the Road,” spending thirteen weeks at number one on the Billboard Hot 100. Learning more about Hudlin’s personal background and the trajectory of his career will help explain how Quentin Tarantino’s Django Unchained (2012) came to fruition, and also why this humble East St. Louis, Illinois, creative and graduate of Harvard University (magna cum laude) in Visual and Environmental Studies, finds himself at the head of the pack currently producing the 88th Academy Awards. His creative authenticity, intellectual [End Page 45] Click for larger view View full resolution Figure 1. Reginald Hudlin and Quentin Tarantino. Courtesy of Photography by Jeff Minton for Newsweek. curiosity, and rich understanding of black cinematic representation create the context for the impetus for Tarantino’s Django Unchained: the carefully crafted tone and affect. Here you will truly find a renaissance man who has a keen business acumen coupled with technical skill, insight, innovation, and risk-taking. Hudlin planted the seed that Tarantino watered and they [End Page 46] together riff and signify on old representations, creating this masterfully crafted new black cinematic hero called Django and this groundbreaking genre hybrid film called Django Unchained—that we now critically engage from multiple perspectives. October 12, 2015, 6 p.m. PST Joi Carr: Thank you so much for taking time out of your hectic schedule to have this interview with me. Reginald Hudlin: No problem. JC: So what I want to do is first talk about the trajectory of your career, your childhood, and then Django Unchained. RH: Okay. On His Creative Voice JC: I’ve heard you say in many interviews that you are simply—at the core of who you are—a storyteller and you explore that through multiple media: film, television, digitally, etc. Tell me more about that, and what in your family or childhood cultivated that creative voice. RH: [laughter] Right, to be actually honest, what I am is a propagandist. JC: Please elaborate. RH: Yeah, I mean the fact that I’ve got a political agenda. Right? And I tell these stories because I want to shape public debate or at least get people to think. And, yeah, I love the arts and I love the storytelling aspect of it, but I also love the idea of influencing people. . . how they think and how they feel. So it truly pulls those two things together [stories and provoking thought]. Yeah, it is a part of a family tradition. Although some of it I wasn’t fully aware of it until I was already into show business. JC: Tell me about your grandfather. Was your grandfather or great-grandfather with the Underground Railroad? RH: Yeah. A great-uncle, Richard Hudlin—no, Peter Hudlin—was a conductor on the Underground...

Science, politics, and the economy: the unintended consequences of a diabolic paradox (editorial)

The year 2014 marked the 300th anniversary of the publication of Bernard Mandeville's Fable of the bees, or private vices, publick benefits. To celebrate this occasion, as well as its own centennial, the Erasmus University Rotterdam organized an international conference on the work of Mandeville, its historical and intellectual context, and its present relevance, on June 6, 2014. The conference was organized around three keynote lectures,1 which discussed a different field Mandeville worked on or influenced: science and medicine, moral and political philosophy, and political economy. Papers presented at the conference ranged thematically from the co-evolution of commerce, medicine and moral philosophy in the Dutch Republic, via Mandeville's attitudes to religion to the social and intellectual context of his analysis of the passions.This special issue on Mandeville presents a selection of the twenty-two papers presented at the conference. The papers have been selected both for their quality and for their thematic diversity. They thus indicate the range of conference themes as well as the multifaceted nature of current Mandeville scholarship. All papers went through the normal process of blind review before being accepted for publication by this journal.Mandeville was born to a family of city physicians in Rotterdam in 1670, in an age when science, politics and commerce were rapidly changing in their methods and substance. These revolutions forced men of science and letters to reflect anew on the nature of economy, state and society. Mandeville was undoubtedly one of the most radical of these thinkers, proposing controversial new ideas about human motivation, the relationship between individual behavior and the common good, and the role of the state in society. Politically, the Mandeville family were affiliated with the States Party, which favoured economic, political, and religious liberty, as opposed to the Orangists and the allied conservative Calvinists. In the aftermath of the so-called Costerman riots in October 1690, the family was banned from Rotterdam. Bernard Mandeville, who had been educated in medicine at Leiden, ended up in England where he started publishing pasquils and pamphlets, while practicing as a physician.The famous Fable of the bees elaborated one of these pasquils, the poem The grumbling hive, or knaves turn'd honest (1705). Published in 1714 (shortly after Lord Shaftesbury's Characteristics of man, manners, and morals [1711]), the Fable could not have been more at odds with Shaftesbury's claim that mankind's virtues automatically align with the common good. Mandeville promised to unveil man's true nature by observing the trifling films and little pipes of the human frame (Mandeville 1988, vol. I, 3). He claimed, provocatively, that it was human wickedness from which social benefits were to be expected. Luxury, though a private vice, contributes to a nation's prosperity; frugality leads to public ruin. Mandeville published several other increasingly philosophical works, the most important being the second volume of the Fable (1729), which substantially altered its earlier message, and An enquiry into the origin of honour, and the usefulness of Christianity in war (1732).After the Fable was condemned in 1724 by the Grand Jury of Middlesex for its diabolic attempts against religion, Mandeville's notoriety increased sharply. His shocking paradox that mankind's vices contributed to the common good haunted moral philosophers, social scientists and economists ever since. In a famous lecture on the Dutch philosopher, Friedrich Hayek wrote that Mandeville, in his efforts to understand modern commercial society, was asking the right questions (1967, 127). But as Hayek's political antagonist the Cambridge economist Joan Robinson noted, the main question has never been properly answered (1962, 19). The papers in this collection reveal that Mandeville's lasting importance cannot be reduced to what Hayek considered his most important insight: that the unintended consequences of self-interested human actions can be mutually beneficial. …

The Murder of Michael Brown

Based on a full reading of the transcript of the grand jury hearings concerning the killing of Michael Brown in Ferguson, Missouri, on 9 August 2014, this article uses the transcript as an archive to demonstrate how the informal systems of racial hierarchy in the United States operate today. Arguing that the #BlackLivesMatter movement has created a persistent looking as a means of making such issues visible, Mirzoeff describes how the grand jury prosecutors turned the event into a high-definition visual space in which only physical evidence and police testimony could be trusted, discounting all eyewitness accounts. This reading shows that the event lasted less than a minute. Discrepancies, contradictions, and oversight abound in the prosecution case that was never cross-examined. At the same time, the transcripts provide insight into Michael Brown's life and the long-term policing issues in Ferguson. Far from proving the innocence of then Officer Darren Wilson, this account leads to more questions than answers. However, the Department of Justice review not only concluded that Wilson was justified in the use of force but also cast doubt on the signature question of whether Brown's arms were raised. Looking at the three medical examiners' reports in detail, Mirzoeff shows that Brown's arm was broken by a bullet that (in all likelihood) was fired either from behind or when his hands were raised. Prosecutors assert neither happened. We are left with a smoking gun but no bullet.

“I can’t breathe”: A case study—Helping Black men cope with race-related trauma stemming from police killing and brutality

ABSTRACTIt is impossible for individuals to survive without the ability to breathe. Eric Garner, an unarmed Black man, uttered “I can’t breathe” during an arrest by the police, who placed him a chokehold and caused his death (Goldstein & Schweber, 2014). Seeing this inhuman image on videotape pierced the consciousness of the nation. The grand jury failed to indict the police officer who killed Mr. Garner, and this sparked civil protests, which birthed the notion “Black Lives Matter” (Owens, 2015). Protestors chanted “I can’t breathe” to decry this injustice. This underscored literally and metaphorically how difficult it is for Black men to thrive in a hostile environment where their civil rights are denied. This article addresses the killings of unarmed Black men by the police, arguing that such killings are motivated by factors including how race, racism, and gender contribute to the “othering” of their humanity. Ideas from Critical Race Theory, the nexus among policing, criminality and racial profiling, critical consciousness, relational theory, and narrative therapy will provide a foundation for understanding the racialized experiences of Black men in America—where multiple forms of injustices exist—and where police killings are viewed as lawful. Highlighting practice themes from a case vignette involving an adolescent Black male engaged in psychotherapy will explicate how racial profiling by the police triggered race-based traumatic stress. The vignette will illuminate the implications for psychotherapeutic work with Black men who have been affected by race-based traumatic stress stemming from “living while Black.”

Democracy Abroad, Lynching at Home: Racial Violence in Florida by Tameka Bradley Hobbs

Reviewed by: Democracy Abroad, Lynching at Home: Racial Violence in Florida by Tameka Bradley Hobbs Mari N. Crabtree Democracy Abroad, Lynching at Home: Racial Violence in Florida. By Tameka Bradley Hobbs. (Gainesville and other cities: University Press of Florida, 2015. Pp. xiv, 273. $74.95, ISBN 978-0-8130-6104-7.) Time and again the American public has been moved less by moral appeals and the plight of the disempowered and more by political expediency. In the Jim Crow era, the families of lynching victims understood the difficulty of reaching the nation’s conscience, as did antilynching activists who spent decades unsuccessfully lobbying Congress to pass federal antilynching legislation. On the cusp of World War II, however, the scales of public opinion tilted, and calls to condemn lynching and prosecute lynchers finally issued from the White House, the national press, and even the editorial pages of southern newspapers. In Democracy Abroad, Lynching at Home: Racial Violence in Florida, Tameka Bradley Hobbs argues that the geopolitical context of World War II accounts for not only the shift in public opinion on lynching but also the decline in the number of lynchings. As the United States waged a war abroad ostensibly to defeat fascism and protect democracy, more Americans came to see lynching as an embarrassing anachronism that undermined the democratic values of the United States as well as the war effort. Hobbs traces this shifting political landscape through the lynchings of four African American men and boys in Florida, all killed between 1941 and 1945: Arthur C. Williams, Cellos [End Page 950] Harrison, Willie James Howard, and Jesse James Payne. Even in wartime, well-worn lynching tropes cropped up again—false accusations of rape, the need to keep African Americans in their “place,” and claims that the courts were too lenient on black criminals. However, with reports that Japanese and Nazi propagandists were using lynchings to expose the hypocrisy of American democracy, Florida governors grudgingly gave in to national pressure to investigate lynchings in the state. Communities where lynchings took place went through the motions of investigations, grand juries, and trials, but white juries and local residents continued to insulate negligent sheriffs and suspected lynchers from serious punishments. Rather than eliminating racialized violence against African Americans, this outside pressure drove lynching deeper into the secretive realm of private mobs and gave rise to “legal lynchings” of African Americans (p. 203). Hobbs also provides valuable insights into the devastating impact of lynching on African American families and communities over the past seventy-five years. With so much of the literature on lynching focused on white southerners, her interviews with African American survivors provide a poignant and, at times, gut-wrenching glimpse into the intergenerational trauma of lynching. These interviews also give expression to a countermemory of lynching that challenges the tendency of white southerners to silence this history. Hobbs’s work on Florida largely confirms what W. Fitzhugh Brundage, Jonathan Rosenberg, and others have argued regarding the domestic and foreign policy factors that caused lynching to decline after the 1920s. However, Hobbs makes these arguments without delving into what it means for a nation, founded on the principles of liberty, equality, and justice, to be guided by political expediency instead of those principles. When white shame and embarrassment rather than a commitment to justice animate social change, the underlying ideology of white supremacy remains intact. Moreover, this historical moment between 1941 and 1945 remains particularly prescient today. As the United States struggles over a spate of highly publicized police shootings involving African American victims, the unheeded lessons of the past return to haunt us, for this nation will never escape this progression from one mechanism of racial oppression to another until collectively the value of black lives and racial justice propel social change. Mari N. Crabtree College of Charleston Copyright © 2016 The Southern Historical Association

Consolidating Support for a Law “Incapable of Enforcement”: Segregation on Tennessee Streetcars, 1900–1930

On September 19, 1905, a Shelby County Criminal Court grand jury in Memphis, Tennessee, indicted Mary Morrison for violating state's recently enacted streetcar segregation statute. The indictment charged that ten days earlier, Morrison, an African American, had boarded a car of Memphis Street Railway Company and refused to take a seat designated for colored passengers. Her trial, four months later, attracted attention throughout state, with Tennessee's white press--which described Morrison as belonging to society element of her race--reporting that she had violated law to test its constitutionality. After court decided against Morrison and fined her $25 penalty provided by statute, she appealed. Though a number of whites feared her challenge would become streetcar segregation's undoing, her suit was unsuccessful. The Tennessee Supreme Court upheld new law in August 1906. Morrison's suit capped a seven-year period of legislative and judicial deliberation over streetcar segregation in Tennessee. After court's decision, racial separation on public conveyances outlasted streetcars as a fixture of life in state. Taken as a means to explore Jim Crow more generally, Morrison v. State (1906) suggests an orderly expansion of segregation in Tennessee. As they had for schools, hospitals, and railroads, state's white legislators came to see racial separation aboard streetcars as necessary for the comfort of public--an explanation state supreme court accepted in its review of law. Like those who participated in Morrison's action as parties, jurists, and witnesses, Tennesseans supported or opposed statute depending on their side of color line. And streetcar conductors, given authority under law to enforce statute, both could and dutifully did exercise that power. While court's opinion in Morrison might be taken as evidence of de jure segregation's linear spread, it obscures a counternarrative of suppressed knowledge, political and legal calculations, and feigned enforcement that marked this turn-of-the-twentieth-century segregation fight. The legislators who passed, jurists who upheld, and white public who came to insist on streetcar segregation did so despite acknowledging problems they foresaw--or experienced--with racial separation on street railways. White Tennesseans approved of streetcar segregation over objections of both street railway companies and African Americans, even as they admitted impossibility of complying with its strictures. They devised strategies to avoid its requirements and made political compromises to lessen of noncompliance. They also recognized poor fit between mainstream conceptions of bifurcated racial difference, on one hand, and range of faces they encountered daily, on other. The counternarrative lurking behind Morrison reveals a white public acting not in ignorance of Jim Crow's impracticality but in full knowledge of it, bringing into relief chasm between cultural knowledge and political consensus during period. The fissures in Tennesseans' embrace of racial separation aboard streetcars offer a window to consider what W. Fitzhugh Brundage has called exceptions, contradictions, and unintended consequences that underlay segregation. Historiographical attention to such matters is largely a development of last several decades. For nearly half a century, two questions drove study of post-Reconstruction South: when did region turn to Jim Crow, and did that pivot owe more to legal codification or to a culture of racial separation that predated legal change? While that debate demonstrated Jim Crow's contingency and continues to be productive, social and cultural historians in 1990s turned their attention elsewhere. They uncovered, among other things, relationship between sexual anxieties and Jim Crow's enforcement, contributions of black women in contesting segregation, and efforts of white elites to use segregation to shore up meaning of whiteness. These scholars also demonstrated that African Americans resisted racial separation in hitherto unacknowledged ways. What emerges from these studies is a complex, messy account in which competing motivations, timelines, and degrees... Language: en

Orange County Vector Control and the County’s Feral Cat TNR Program: Ne’er the Twain Shall Meet?

In 2006, flea-borne rickettsiosis (flea-borne typhus), a zoonotic disease caused by either Rickettsia typhi or R. felis and transmitted primarily by two flea species, the Oriental rat flea and the cat flea, re-emerged as an important vector-borne disease in Orange County, California. The Orange County Mosquito and Vector Control District (OC Vector Control) has investigated 142 human cases of flea-borne rickettsiosis. Results of these investigations have established a link with Rickettsia-infected cat fleas, opossums, feral cats, and disease transmission to humans; no cases have been associated with rats and their fleas. Since initiation of a Trap-Neuter-Return (TNR) Program by Orange County (OC) Animal Care in 2009, OC Vector Control has been working with OC Animal Care to minimize the potential public health risks associated with the TNR Program. Interagency discussions have led OC Animal Care to prohibit the release of TNR cats at locations with a high risk for zoonotic disease transmission to humans, such as schools, parks, and health care facilities, and also to disclose the release sites to OC Vector Control. OC Animal Care has not agreed to OC Vector Control’s request for a zoonotic disease review of its TNR Program, nor has it provided a procedural manual to verify the verbal agreements reached by the two agencies. In agreement with OC Vector Control’s concerns, an investigation in 2015 by the Orange County Grand Jury of OC Animal Care’s TNR Program recognized the Program’s potential to increase zoonotic disease transmission to the public and other wildlife. We discuss the conflicting views arising from two governmental agencies, which perceive the zoonotic diseases risk associated with a TNR program at significantly different thresholds of concern.

A Tale of a Whiskey Rebellion Judge: William Paterson, Grand Jury Charges, and the Trials of the Whiskey Rebels

A Tale of a Whiskey Rebellion Judge: William Paterson, Grand Jury Charges, and the Trials of the Whiskey Rebels

Aspirations of Home in Post-Soviet Russia: Domestic Spaces and National Resonances in Andrei Zviagintsev’s Elena

This article analyses the role of domestic living space and its connection with identity in the Russian feature film Elena (Andrey Zvyagintsev, 2011), winner of the Grand Jury Prize at the 2011 Cannes Film Festival. The film uses a spatially symmetrical structure based on two separate apartments frequented by the film’s eponymous heroine, both of which represent distinct socioeconomic and historical aspects of Soviet and Post-Soviet life. The first is Elena’s husband’s large, modern, upmarket and centrally located apartment that is as cold, tomb-like and indeed lifeless as it is chic. The second is her son’s older, tiny, squalid relic of the Soviet past situated on the periphery, with its claustrophobic walls providing a sense of human contact and warmth, despite its toxic air of decadence, indolence and violence. As in the earlier Russian film Little Vera (Vasili Pichul, 1988), it will be argued that in Elena, identity is inextricably linked with physical living space in a specifically Russian context. Elena is an ironic ode to the apartment, both Soviet and modern. Drawing on Marc Auge’s theory of the non-place, it will be argued that the universal aspiration to live in comfort, while human and understandable, is shown, in the post-Soviet landscape depicted by Zvyagintsev’s powerful film, to result in a form of living death.

What’s Old Is New Again: Recentering Black Power and Decentering Civil Rights

In November 2014, protesters clashed with police in the streets of Ferguson, Missouri, following the refusal of a grand jury to indict police officer Darren Wilson for killing Michael Brown, an unarmed African American teenager. Shortly thereafter, I met with Paul Cox, chief counsel for the Fraternal Order of Police of Ohio, Inc., to discuss policing in Ohio’s Black communities. During the course of our wideranging conversation, I was struck by a remark that Mr. Cox made about those who had taken to the streets to decry police violence. Try as he might, he said, he had been unable to identify the goals of the protesters. Sure, they wanted indictments brought against officers involved in the recent spate of police shootings of unarmed Black men and boys, but beyond that, what? It would be helpful for policy purposes, he said, if the protestors stated exactly what they wanted. Mr. Cox’s remark reflected a familiar critique of Black protest. Over the years, despite Black activists’ clear articulation of their wants and desires, they have been sharply criticized for a lack of specificity. During the Black Power era, for instance, critics excoriated them for embracing rhetoric for the sake of rhetoric, for organizing without plan or purpose, and for encouraging the disaffected and disenfranchised to take to the streets for no reason other than to raise a ruckus. As a consequence of this misguided critique, Black activists were summarily dismissed, and their legitimate wants and desires consistently ignored. In Concrete Demands, author Rhonda Y. Williams takes on this common critique of Black Power and Black protest by exploring the goals and objectives of Black Power activists and organizations, from their deep roots in the rich soil of early twentiethcentury Black protest to the full flowering of the Black Power movement in the late 1960s. Her work reveals that, “[i]n addition to civil and voting rights, they desired ratfree neighborhoods, affordable rents, better schools, an end to police brutality, access to wellpaid jobs, and socially just treatment by white landlords, banks, bosses and workers, teachers, and government officials” (88). But Concrete Demands seeks to do more than just identify what Black folk wanted. It aims to render visible the conditions and circumstances that gave rise to their demands, to illuminate the struggle to secure them, and to highlight the obstacles, internal and external, they faced. Toward this end, Concrete Demands charts the “roots, routes, and expressions that comprise the search for Black

Privilege Objections to Grand Jury Subpoenas for Documents

Two common privilege claims in limiting grand juries' evidence requests are attorney-client and self-incrimination. This article examines In re Grand Jury Subpoena (Mr. S.), 662 F.3d 65 (1st Cir. 2011) to illustrate the issue of both privileges in a case.

To Protect and Serve Whiteness

Critics of policing often utter the phrase ‘to protect and serve,’ in order to point out the gap between discourses of ethical policing and practices of punitive policing in black communities. However, the present analysis asserts that a more appropriate representation of the policing function is ‘to protect and servewhiteness.’ Drawing ethnographic observations, the Ferguson Report and Officer Darren Wilson’s Grand Jury Testimony, I shift the locus of critique away from the putative problems of ‘police brutality,’ ‘excessive force,’ and ‘police militarization.’ I argue that these critiques naturalize the forms of psychic violence, dehumanization and dispossession inflicted in routine and professional encounters between police and black people. Instead, I argue that anti‐blackness is imbricated in policing itself. Then, by examining the ways in which modern policing and ‘order maintenance’ approaches developed from southern slave patrols, I assert that policing in the United States is always already racialized policing. It plays a foundational role assigning of racial meanings, helping to produce whiteness as a subject of protection and blackness an object of regulation.