Benton’s own Robert Adley is getting a good deal of national attention over his bill to shut down the Tulane Law Environmental Clinic. The clinic gives law students experience by doing pro-bono work, quite often in opposition to big energy.The ABA Journal, a publication of the American Bar Association has an article dealing with the bad timing of the bill, proposed as millions of gallons of oil are coming ashore on the gulf coast from the BP rig collapse.
The San Francisco Examiner has a story, as does Mother Jones. The Advocate of Baton Rouge and nola.com, the internet arm of the Times-Picayune are also on the story.
The bill started out as one to deny funding to any university whose law school has a clinic that sues the state for anything. Adley is narrowing the bill to only include environmental clinics.
This indicates to me that his concern is much more about the oil companies’ money than the taxpayers’ money.
In its original form the bill made some sort of sense in that the state shouldn’t subsidize someone who is suing the state. In the new form he is saying that the state shouldn’t subsidize someone who is suing the state as regards the environment, particularly when the target of the suit is an energy company. Apparently any other suits are now okay.
I have to agree with the ABA, the timing is just a little bad.
Adley is a moron. While I'm no fan of frivolous lawsuits, this is the worst time to attempt this sort of bill. Plus, the idiot changed it for environmental issues. Stick to the principles.
ReplyDeleteAs we geeks say: epic fail.
However, there are a few things at play here.
(1) The right to pro bono attorneys is not guaranteed in the US Constitution. Due process is, and the SCOTUS set the precedent for "right to an attorney" in the Gideon case.
(2) The right to an attorney as set in the Gideon case is for DEFENSE - not offense. You know - defendants not plaintiffs.
(3) If a college wants to provide pro bono services, then let the college pay for it or let the students donate their time (maybe they already do).
(4) The state "paying for the services" is actually the people paying for the services through taxes. That's fine by me for defendants - not plaintiffs.
Rex Moncrief
www.conservativedrink.com
Rex, surprised you did'nt say it was the Fonda case. Better stick to your cat5 cables not trying to explain U.S. Supreme Court rulings.
ReplyDeleteCalvin, is that you?
ReplyDeleteRex, the students do offer their time pro-bono. I need to do some research and find out how much money is involved and what lawsuits they have filed.
ReplyDeleteWhy is a private university getting state money in any event? This will need a follow-up.
the clinic does not receive any state money and is supported by donations.
ReplyDeleteDon't be surprised if a law is passes that limits the liability of off shore producers in claims in Louisiana.
ReplyDeleteThe doctors got a $500,000.00 cap in Louisiana 1976.
Recently the punitive damages for crashing while hauling hazardous chemicals was revoked.
This law is just one play in the playbook of let businesses do wahtever they want in louisiana and more business will come. It funny how the govt promised us that the Lottery and Gaming would make our schools the best-est--That tort reform would cause the fortune 500's to knock on our door and locate here. That if we reduced all taxes for big business and set up a fund with hundreds of millions of dollars to have a state subsidized "fraternity rush" party, that they would come. All lies or miscalculations---either way we fall for anything.
This adley bill is a joke-- they have already sacked the castle, killed all the guards, pillaged and destroyed and now they want to hang the messengers. If the legislature can do this, then anything is possible.
we need law clinics here. look at the oil spill. if we let big oil police itself, they will destroy our state
ReplyDelete@anonymous - you might want to stick to being anonymous rather than research.
ReplyDeleteTry something novel like Gideon v. Wainwright - you might find it enlightening.
Adley is the biggest grandstanding ho for the oil and gas industry there is - it is his way of staying cozy to feather his nest
ReplyDeleteRex, like I said before, stick to your cat5 cables. Just because you saw a movie 20 years ago hardly qualifies you as the legal authority here. At least start out by taking a few poli-sci classes at BPCC and work your way up from there.
ReplyDeleteRex, like I said before, stick to your cat5 cables. Just because you saw a movie 20 years ago hardly qualifies you as the legal authority here. At least start out by taking a few poli-sci classes at BPCC and work your way up from there.
ReplyDeleteYou can say that again.
ReplyDelete