Georgia State University's Center for Access to Justice

 

Very interesting article in GSU's Research magazine on the law school's Center for Access to Justice.

I am currently writing a book on teaching with a few chapters dealing with access to civil justice.  I define civil justice as leveling the playing field for the little guy.

Click here to read about GSU's Center for Access to Justice and its Alternative Spring Break Progam for law students.

Troy Davis Case Discussed on HBO's The Newsroom

I re-watched an episode of the Newsroom (Season 2, Episode 2 if you have HBO Max) which discussed the case.  Here is a short YouTube clip from CNN, the day before Mr. Davis' execution.

This was a death penalty appeal from several years ago.  It gained international attention and some of my students protested at the Georgia Capitol when the Governor denied clemency in 2011.  By a 4-3 vote, the Georgia Supreme Court denied Mr. Davis a new trial, though seven of nine adverse witnesses recanted their testimony and another witness was a suspect in the crime.  The U.S. Supreme Court upheld that decision.  

Here is a portion of the Georgia Dissenting (Minority) opinion:

We have noted that recantations by trial witnesses are inherently suspect, because there is almost always more reason to credit trial testimony over later recantations.   However, it is unwise and unnecessary to make a categorical rule that recantations may never be considered in support of an extraordinary motion for new trial.   The majority cites case law stating that recantations may be considered only if the recanting witness's trial testimony is shown to be the “purest fabrication.” To the extent that this phrase cautions that trial testimony should not be lightly disregarded, it has obvious merit.   However, it should not be corrupted into a categorical rule that new evidence in the form of recanted testimony can never be considered, no matter how trustworthy it might appear.   If recantation testimony, either alone or supported by other evidence, shows convincingly that prior trial testimony was false, it simply defies all logic and morality to hold that it must be disregarded categorically.

First Day of Class - Introduction to Civil Justice

 

We do this exercise on the first day of Consumer Law & Advocacy...

Introduction to Civil Justice 

Civil Justice - I define this as leveling the playing field for the little guy in civil disputes. 

I wrote the following paragraph on an actual case. Please read before class: I came across a story from July 2005 about West Virginia’s Marsh Fork Elementary School, which is situated 400 yards below a 2.8 billion gallon coal waste dam. 400 yards? 2.8 billion gallons?? With the kids breathing coal dust and chemicals from the coal silo which sits 150 feet away. The only reason this is making any news is that the grandfather of one of the elementary school kids sat on the West Virginia Capitol steps and refused to leave until the governor addressed these rather serious concerns. The guy was just a little curious why the Department of Environmental Protection approved a permit for an additional coal silo adjacent to the school. He was just wondering why in a school of 200 students, three kids and four teachers had died of cancer. And with 240 significant safety violations since 1991, why nothing was being done, like building another school. Away from the madness. 2.8 billion gallons. 2.8 billion. School’s not out. School’s gone! 

What would you do? Assume that you do not have the resources to move. (Reflect on the parallels with New Orleans residents affected by Hurricane Katrina, also in 2005). Break up into teams of three and discuss. Then we will re-group for a class discussion on this case and current cases in the news – e.g., Flint water crisis is back in the news. 

World Renowned DNA Expert Visits Internet Law Class via Zoom

My colleague at Boise State, Greg Hampikian, Ph.D spoke about DNA & Privacy Issues on the Internet, as well as select cases taken on by the Idaho and Georgia Innocence Projects, including:

Calvin Johnson - Exonerated after 16 years in prison

Johnny Lee Gates - Exonerated after 43 years in prison

Dr. Hampikian has worked on many cases, including the high profile Amanda Knox case in Italy.

Closing Keynote Speaker at International Education Conference - Teaching Students to Channel Passion with Justice Causes

I was honored to be selected as the Closing Keynote Speaker on: Using Social Media to Teach Justice Issues with a Teacher’s Passion Project Case
The Future of Education, Florence, IT (June 2019)

Also presented at:
- International Conference on Interdisciplinary Legal Studies, Toronto, Canada (June 2017)
- GTA Pedagogy Conference (GSU Center for Innovative Teaching), Atlanta, GA (April 2017)
- Academic and Business Research Institute – Legal Issues/Pedagogy Track, Asheville, NC (March 2017)

Introduction to Justice Cases for Students

Unlike Hollywood law dramas, which neatly wrap up cases in an hour or two, achieving actual justice through the legal system is often slow, frustrating, and requires patience and persistence.

Below are real cases that I have studied, written about, and in some instances, maintained contact with the legal underdogs involved.  Each case has deeply personal significance to me for different reasons, and thus I write about them in the first person.  My hope is that if teachers and students experience my passion and engagement, they may be inspired to follow a local, national, or international cause and choose to participate as an impactful voice, whether through social media or some other avenue.

Summary of the Three Legal Underdog Cases

(1)  Grandpa v. Coal Mining Company.  A mining company dumped coal waste in a dammed river, with an elementary school directly downstream.  Elevated incidences of cancer were reported for school staff and students, prompting a student’s grandfather to walk 400 miles to get an audience with his U.S. Senator.  Grandpa tried to secure funding to build a new school, away from the coal company.

Perry’s Personal Connection:  For years, I taught a justice course using a book, The Buffalo Creek Disaster.  The author of that book represented plaintiffs in West Virginia, where a dam with coal waste gave way, and devastated coal miners and their families living downstream:  125 dead. 1000 homes destroyed. 4,000 survivors reliving the horror.  That case was from the 1970’s.  When I read about Grandpa’s case, I could not believe that history could potentially repeat itself in the 21^st century, this time with students and teachers in harm’s way.  I became a Facebook administrator for Grandpa’s cause, and interviewed people connected to his initiative.

(2)  9/11 Families v. U.S. Government.  Ten days after 9/11, Congress passed the Victim Compensation Fund.  Its purpose was to provide monetary relief to injured individuals on the ground and for family members of those who died.  Ninety six families bypassed the Fund and filed lawsuits, seeking answers from the government on what security breaches occurred on that fateful day.

Perry’s Personal Connection:  The students reading about this case are likely not old enough to remember September 11, 2001.  I am originally from New York City and felt as helpless as anyone that day.  Living in Atlanta, I wanted to be connected to New Yorkers somehow.  Soon thereafter, I set up a website, 9-11 Civil Liability, with case updates and other information, and corresponded with a few family members seeking legal counsel.

(3)  Innocent Man? v. D.A.’s Office.  A father and son were arrested for alleged child molestation acts committed in their basement.  The father, a retired high school teacher who was teaching computer classes in his home, entered into a plea deal.  While maintaining his innocence, he believed that his plea would somehow benefit the son’s case.  However, facing a hostile community and life in prison if convicted, the teenager accepted a plea deal too.  Years later, the son was granted an “Actual Innocence” hearing, to try to clear his name.  See Case Updates below...

Perry’s Personal Connection:  The father was my favorite high school teacher, and I was confused and emotional as the facts of the case unfolded.  I've published three articles on the son’s case (while maintaining an objective stance concerning his innocence), and get periodic updates from his Twitter feed and representative.

Please keep reading, and then learn from your teacher in class, just how long it takes to achieve justice -- or not!

Lessons of Justice for Students: Grandpa versus Big Coal

Lessons of Justice for Students: Grandpa versus Big Coal

© Perry Binder 2011-2017

“This is not an environmental issue. This is about a little human being.” — Ed Wiley (Grandpa) speaking to West Virginia Governor (now Senator) Manchin

While the media insults and labels the youth of every generation like a W or X or Y or Z (oh you Slackers, Echoes, Netters, and Millennials), I instead see students bringing energy and a common message of hope to the table: to make a difference in their lives and those of others. And in an Introduction to Law class, it is my job to find them real world cases to teach lessons of justice and injustice. So let’s meet Ed Wiley and the kids at Marsh Fork Elementary School.

In 2009, I wrote:

I came across a story from July 2005 about West Virginia’s Marsh Fork Elementary School, which is situated 400 yards below a 2.8 billion gallon coal waste dam. 400 yards? 2.8 billion gallons. With the kids breathing coal dust and chemicals from the coal silo which sits 150 feet away. The only reason this is making any news is that the grandfather of one of the elementary school kids sat on the West Virginia Capitol steps and refused to leave until the governor addressed these rather serious concerns. The guy was just a little curious why the Department of Environmental Protection approved a permit for an additional coal silo adjacent to the school. He was just wondering why in a school of 200 students, three kids and four teachers had died of cancer. And with 240 significant safety violations since 1991, why nothing was being done, like building another school. Away from the madness. 2.8 billion gallons. 2.8 billion. School’s not out. School’s gone!

In 2008, Mr. Wiley went on a 455-mile hike to Washington, D.C. and actually got a meeting with United States Senator Robert Byrd. He started a web site, Pennies of Promise, to raise money for a new school, and I eventually became the administrator of the organization’s Facebook page, with many of my enthusiastic students joining the cause.

Truth be told, while grandpa was getting publicity for his cause, the money raised was a mere fraction of the $8,000,000 needed to fund a new school. But Mr. Wiley persisted, as attested to by his many supporters.

Francine Cavanaugh, co-director of On Coal River, a documentary about Mr. Wiley’s West Virginia valley community offered: “Ed Wiley is a former coal miner who worked at mines all over West Virginia, including one that threatened his granddaughter’s elementary school. In the film, we capture his attempts to have the school relocated to safer ground, and he goes about it directly, and with conviction.”

In 2009, I had a hint of resignation that grandpa might not round up the dough, when I wrote:

I smile because I’m not sure how far grandpa will get in raising money to move the school, but I do know he’s learned an important lesson. When you are outmatched by the war chest or political clout of opponents, you need to be patient and search for their weak spot to find leverage. And in this case, grandpa’s leverage is in the form of embarrassment through media attention.

Then came 2010. With the kiddies out for spring break, Marsh Fork Elementary became the media staging ground during the Upper Big Branch mine disaster which cost the lives of 29 miners. Now, the world was watching Massey Energy (Massey owns that mine and the silo and impoundment facing our school kids). The tragedy occurred mere weeks before the School Building Authority voted on allocating precious few funds to schools across West Virginia. Now, the world was watching after Marsh Fork.

Finally, a new school can be built, thanks to commitments of:

-          $2.5 million grant from the Annenberg Foundation

-          a gift from the Coal River Mountain Watch

-          $2.6 million from the West Virginia School Building Authority

-          $1.5 million from the Raleigh County Board of Education, and

-          $1.5 million from Massey Energy (the mining company)

Source: Jeff Biggers, Goodbye Massey Coal Dust: Welcome to the Ed Wiley Elementary School!, The Huffington Post (June 30, 2010) (updated May 25, 2011).

This month, the Raleigh school board announced it had finalized the land purchase for the site of the new school.  Until then, these students still face a potential 72-foot tidal wave of coal sludge should the impoundment break, per Mr. Biggers. Such a breach could be on the scale of Buffalo Creek in the 1970’s.

Real victories are hard to come by these days, but Ed Wiley proved that passion and persistence can deliver gratifying results. The takeaway lesson for my law students comes from Ben Franklin: By failing to prepare, you are preparing to fail. I think that Ben got it so right in his quote. But great words are far greater than the person who utters them, and the real hard work is putting those words into action.

By doing. Something.

Like NOW, you Slackers, Echoes, Netters, and Millennials.

Published in The Huffington Post with Permission of author

Excerpted here