Law With Mr. Lafayette

Law With Mr. Lafayette

By René M. LafayetteEducation
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Law With Mr. Lafayette episodes

  • A Historic First, Ketanji Brown Jackson confirmed to join the Supreme Court.
    Ketanji Brown Jackson, a nominee of President Biden was confirmed by the US Senate as the newest member of the Supreme Court in its history on April 7.  Brown, it was noted by her allies in the U.S. Senate, had appeared before the Senate on three separate occasions and had been confirmed in each case: first with her nomination by then President Obama as a District Court Judge for the Federal District Court for the District of Columbia.  Then she was nominated, again by Obama, as the Vice Chair of the US Sentencing Commission.  In 2021 President Biden had nominated her for the Circuit Court of Appeals for the District of Columbia, again winning Senate confirmation.  Her nomination to the high court is unfortunately tarnished by the most base elements of American politics, the campaign promise.  Jackson's nomination did not seek to snatch the intellectual "gold ring" from the carnival barker's grasp.  No.  Instead it was just checking off a box.  In this case, that she was a woman (although she famously, could not or would not define what a woman is, and that she is Black.). The nomination itself was strange by what was not discussed more than what was discussed.  For example, although the three recent nominees to the high court went through the intellectual and philosophical "wringer," Jackson was given a "pass" by the US Senate.  Most American know as much about her today as they did when she was plucked from obscurity to immortality by Gentleman Joe from Delaware.  Yes, the Duke of Dewey Beach has displayed his old-school appreciation for fulfilling a campaign promise regardless the costs.  Jackson is poised to fill the seat on the bench of her former mentor, Justice Stephen Breyer: a liberal for a liberal, but whereas Breyer had a record that could be discerned, the same cannot be said of Jackson.  In fact, if anyone asked a little too persistently, they faced the grim reality of wearing the cloak of racist and bigot.
    5 min
  • Finally, A Bill of Rights for the UK?
    This episode of Law With Mr. Lafayette focuses on a policy point contained in the annual tradition "across the pond" in the United Kingdom: the State Opening of Parliament.  On May 10, 2022, the "Speech from the Throne" was for the first time in over six decades not delivered by Her Majesty Queen Elizabeth II.  The 96 year old Sovereign had asked her son HRH Prince Charles, the Prince of Wales to fill in for her and to deliver the address on behalf of "Her Majesty's Government" in the Chamber of the House of Lords.
    Towards the end of the speech, which is written by the government, Charles mentioned that there would be a bill put forward "...creating a Bill of Rights, restoring the balance between the legislative and judicial branches of government.
    Unlike American Constitutional law, in the United Kingdom, there is no single document which is called the constitution.  Rather, as can be expected from the land of common law, the constitution consists of some written documents, some unwritten.  When discussing the rights of citizens, the storyline begins with 1215 and the Magna Carta and then consists of some parliamentary acts and precedents since then up to the present day.
    In the America case, 1791 is when the first ten amendments to the Constitution, known as the Bill of Rights, were adopted by the States.  Ask a student of government or of the law and an actual list can be created (using the MLA header of course).  The freedom of religion, freedom of speech, freedom of the press, right to peaceably assemble, and petition the government for redress of grievances are just the first five freedoms that American citizens enjoy.  These rights, and those that follow, are among "...the declaratory and restrictive clauses" that the States had expressed the desire to have adopted "...in order to prevent misconstruction or abuse of its powers" [by the Federal government].  Part of the genius of the Constitution and the 27 amendments that have followed is the restrictions on the power of government in favor of the governed.
    6 min
  • Juvenile Justice System's Philosophy and Practice

    In this Episode of Law With Mr. Lafayette, the Juvenile Justice system's philosophy and practice is discussed.  A by-product of the Progressive Era, reformers believed that juveniles deserved their own court system and a new approach to deal with delinquent, poor, vagrant youths of both genders who were living in the urban centers that were developing in the rapidly industrialized America of the 19th century.  From the New York House of Refuge, established in 1825, following the overwhelmed Houses of Refuge reform, training, and industrial schools were created across America.  These all placed an emphasis on education and industrial training programs as the names implied. 

    In 1899, the Illinois Legislature enacted the Juvenile Court Act of 1899, creating the first in the nation, court system focused exclusively on juveniles.  Other states followed.  In Massachusetts, juveniles were first addressed in 1847, when the Commonwealth opened the first state-sponsored reform school for boys in Westborough, the Lyman School. The first public training school for girls at Lancaster, Massachusetts followed in 1854. Prior to this, facilities for the punishment and detainment of juveniles consisted mainly of jails and prisons. Over the decades 3 additional institutions were constructed.

    By the 1960s however, scandals over the treatment or rather mistreatment of juveniles at these and other institutions led to the eventual deinstitutionalization of training schools.  


    6 min
  • What a Slap in the Face!

    On March 27, 2022, the 94th annual Academy Awards took place in Hollywood, California.  What usually focuses on the actors and actresses being honored and the films determined by the Academy of Motion Picture Arts and Science was virtually eclipsed by the action of Will Smith, who would receive the Oscar for "Best Actor" in the movie King Richard, when he slapped the show's host comedian Chris Rock for a "joke" Rock had made about Smith's wife Jada Pinkett Smith.  Mrs. Smith has a medical condition called alopecia that results in hair loss, as a result Smith has shaved her head.  Listen to this episode of Law With Mr. Lafayette as the subsequent crimes and their consequences are discussed.

    6 min
  • Sentencing Smollett, Part 2 of a 2 Part Episode. Post sentencing posturing.

    In the last episode of Law With Mr. Lafayette, season 2 episode 7, although the various elements of the sentence that the former "Empire" star Jussie Smollett had received were listed, when he was sentenced on March 10th. it did not include the fact that Judge James Linn had also sentenced Smollett,  to 150 days in jail or essentially 5 months behind bars.  Smollett had been convicted by a jury of filing a false police report and a hoaxed hate crime.  Judge Linn went on to say that Smollett's entire testimony during his earlier trial was pure perjury.  "hour after hour of pure perjury."  In light of that comment alone, shouldn't Smollett be criminally charged and prosecuted to the fullest extent of the law?  Think about double standards, not only double jeopardy.  Could there be a future prosecution on the charge of perjury?

    6 min
  • Sentencing Jussie Smollett. Was Justice Served? Part 1 of a 2 Part Episode.

    On March 10, 2022, former "Empire" star, now convicted felon and hoaxter, Jussie Smollett was sentenced for having set up a hate crime hoax.  In a highly publicized and politicized case, Smollett, gained public support from the Democratic presidential and vice presidential candidates.  Former First Lady Michelle Obama, and many other public officials and celebrities.  It was all a hoax.  As was presented at trial, Smollett paid the two men who "attacked" him, two Nigerian nationals and brother.  Video evidence was admitted that showed the brothers purchasing items that were associated with the attack including rope, bleach, and MAGA hats.  Judge James Linn of Cook County court, reprimanded Smollett in a near 30 minute statement before pronouncing sentence.  But it did not stop there.

    11 min
  • Russia's Invasion of The Ukraine: Illegal, Unwarranted, Uncivilized - I Stand With Ukraine!
    As the world witnesses the largest mobilization in Europe since World War II, and the targeting of civilians and the destruction of the fledgling democracy in The Ukraine, this episode of Law With Mr. Lafayette touches upon what has happened between the Russian Federation and its neighboring country of Ukraine.  Our host makes no apologies for where he stands on this issue.  He stands with Ukraine!.
    4 min
  • Not Since World War II Has The World Witnessed...

    Recent events, beginning in late February, with the invasion of the Ukraine by troops of the Russian Federation, as ordered by President Vladimir Putin continue to attack various targets in that neighboring nation.  The ramifications in terms of international law are significant.  Observers have noted that this is the largest mobilization and movement of troops in Europe since World War II.  There are many parallels between the aggression of Nazi Germany in 1939 against its neighboring countries, starting with Poland.  Within weeks, facing a technologically superior forces, the Polish nation was "steamrolled" by Nazi forces.  Now in 2022, without legitimate rationale, Russian troops have entered Ukrainian national space and have attacked many targets, recently taking the first Ukrainian city, Kherson on March 2.  The city of Mariupol in eastern Ukraine appears to be next with the major port of Odessa to follow.  Listen to commentary by Mr. Lafayette as he reviews what lies ahead, legally, for Putin.

    6 min

About Law With Mr. Lafayette

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This podcast is created to provide additional information and commentary to the Street and Practical Law classes that I teach at Leominster High School located in Leominster, Massachusetts. It…