Vol. 19, No. 1 December 2014

The Use of Rap Lyrics as Evidence in Criminal Trials Page 14 State Bar of Georgia’s First African American President Page 12

Ferguson: Putting the Pieces Together is Page 8

the Key

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Editorial Policy The National Bar Association (NBA) Editorial Board welcomes the submission of articles relating to Vol. 19, No. 1 December 2014

any topic on interest to the African American legal community. Criteria for publication include the quality of the article, its substantive value, its general interest to NBA lawyers, and the originality of its subject matter. All manuscripts must be original work. Consistent with the magazine’s format, the language of submissions should be gender-neutral. The Editorial board reserves the right to reject

NBA Editorial Board Laverne Lewis Gaskins Editor-In-Chief University Attorney Valdosta State University Valdosta, Georgia

any manuscript submitted for publication. All views, opinions, statements or expressions of opinion appearing herein are those of the authors and not necessarily those of the Association, the Editors, or the Publisher.

Address all correspondence to: Debra Hatter Partner, Haynes and Boone, LLP Houston, Texas Frank Motley Assistant Dean Indiana University Maurer School of Law Bloomington, Indiana

Laverne Lewis Gaskins The NBA Magazine 1225 11th Street, NW Washington, D.C. 20001 [email protected]

Suhuyini Abudulai Senior Associate Cassels, Brock & Blackwell, LLP Tornto, Ontario Honorable Cassandra Collier-Williams Judge, Cuyahoga County Court of Common Pleas Cleveland, Ohio Warren Hope Dawson Honorary Editor-In-Chief (NBA Past President) ®2014 The National Bar Association Publisher The National Bar Association 1225 11th Street NW Washington, D.C. 20001 (202) 822-3900 nationalbar.org

NBA Magazine Designed by Debi Pickler, Debi Studios, LLC debi-studios.com [email protected]

March 26-29, 2015 Renaissance Hotel Downtown St. Louis Presidential Showcase | Saturday, March 28, 2014 The Unfinished Business of Charles Hamilton Houston: Ferguson Where Do We Go From Here nationalbar.org

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Cover Story

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Ferguson: Putting the Pieces Together is the Key

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State Bar of Georgia’s First African American President

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Ferguson wasn’t just about one police officer and one African American teenager tragically crossing paths on a hot August day. It was about many problems. Here’s what the NBA is doing about those problems

The State Bar of Georgia welcomes it’s 52nd President. And for the fist time, the bar’s President is an African American.

The Use of Rap Lyrics as Evidence in Criminal Trials

Freedom of Speech, Artistic Expression ... Where are the lines drawn and what role does race play?

In This Issue 3 Letter From the President By Pamela Meanes, NBA President 8 Ferguson: Putting the Pieces Together is the Key By Pamela Meanes, NBA President 12 State Bar of Georgia’s First African American President By Laverne Lewis Gaskins, Editor-in-Chief of the NBA Magazine and In-House Counsel for Valdosta State University 14 Catching a Bad Rap: The Use of Rap Lyrics as Evidence in Criminal Trials By Bethany J. Peak, Law Clerk, Maryland Court of Special Appeals 16 The Nightmare of Homeownership: The Great Loss of Wealth for African Americans By Tracie R. Porter, Associate Professor of Law and Director of the Western State College of Law’s Business Law Center 18 Undermining Opportunity: Race, Gender, and Discipline Disparities By Janel A. George, Education Policy Counsel at the NAACP Legal Defense and Education Fund 20 Making Expungement Services Accessible is One Way to Address the Racial Disparity of U.S. Criminal Justice System By Dorothy A. Brown, Clerk of the Circuit Court of Cook County, Illinois 22 When it Comes to Legacy Planning the Type of Assets You Own Can Really Matter By Barry Rabinovich, JD, AEP, Senior Advanced Markets Director, MetLife Premier Client Group and Tobias M. Mendelson, JD, MAcc, Senior Advanced Markets Director, MetLife Premier Client Group 24 Know Your Constitution, Know Your Rights By Jawan Finley, Chair, NBA Constitutional Day Committee 25 Wiley A. Branton Issues Symposium Overview By Tracie R. Porter, Chair of the Wiley A. Branton Symposiums, Associate Professor of Law and Director of the Western State College of Law’s Business Law Center and Everett Bellamy, National Vice Chair of the Wiley A. Branton Symposiums, former Dean, Adjunct Professor, Georgetown University Law Center 26 Justic Demands That Black Lives Matter By Laverne Lewis Gaskins, Editor-in-Chief of the NBA 26 NABBS’ Atlanta Convention Brings Past, Present and Future Together By Katherine Wright Davis, President, NABBS, Inc. 27 Inside the NBA By Tyesha C. Miley, Regional Director, Region III with contributions from John P. Kahn and Myisha Lacey-Tilson

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A Letter From the President

As the mother to young African Boycott on the issue of police brutality. While such American boys, as a resident of studying is being conducted, if you are interested in

National Bar Association Officers Pamela J. Meanes President

The NBA is studying the impact of an Economic

the St. Louis area, as an African learning about an Economic Boycott that Is aimed American, as a lawyer, and as at economic empowerment in the African America

President of the National Bar Association, I have community please contact Pastie Gregg Greer at countless thoughts and emotions about the Michael [email protected] or Mr. Bernard Butler at Brown case. The St. Louis County (Missouri) Grand [email protected].

Benjamin Crump President-Elect

Carlos Moore Vice President, Membership

Jury verdict in the case may have been handed . We are urging the passage of state and local down, but as far as I’m concerned, the matter

laws mandating independent investigations and

has not been put to rest. I’m sure nearly everyone

prosecutors of all charges of police brutality and in

reading this will agree with me on that.

any case in which an unarmed citizen is shot by a

I’ve given this incident and everything surrounding

police officer.

it, hundreds of hours of thought and prayer, and I’ve . We are urging the passage of state and local laws Charles G. Byrd, Jr. Vice President, Finance

Bernice Walker Vice President, Sections & Divisions

Rozenia Cummings Vice President, Regions & Affiliates

Juan R. Thomas Secretary

lost many nights of sleep thinking about it. My first,

mandating diversity training and de-escalation of

emotional reaction of course was “what happened

force training in police departments.

to Michael Brown could happen to my sons.” And . We demand congressional action on laws related I think that’s a natural reaction. And so is the next to body camera usage, use and elevation of thought: “What do I do now?”

force by police, permanent suspension of police

While I may see Ferguson from many perspectives,

in proven cases of police brutality, as well as

in my role as President of the National Bar

legislating that police brutality be elevated to a

Association, I have to focus (to the greatest extent I

felony level offense.

can: I’m a mother, first and foremost) on what we in . We are also offering legal assistance to the NBA can do. After all, one of the core missions Ferguson residents and others in need of legal of the NBA is to advocate for social justice and to representation in incidents related to them give voice to the voiceless in the African American

community. We in the NBA work in the legal system, Michael A. Thompson Treasurer

Grasford Smith Parliamentarian

and we represent it, but we also have a responsibility to improve it. And that is what we will do:

Members of the Mound City Bar (MCBA) or Jackson County Bar Association (JCBA), should contact Kendra Howard, President of MCBA at

Accordingly, the NBA is taking the following steps:

[email protected]. All others should

We urge every NBA member to demand the U.S.

contact Attorney Aramis Donell Ayala, Chair of the

Department of Justice indict officer Darren Wilson. You may do so in a number of ways Yolanda Jackson General Counsel

exercising their Constitutional rights by protesting.

By Mail U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 By Phone Main Switchboard: (202) 514-2000 Comment Line: (202) 353-1555

National Bar Association Pro Bono Committee at [email protected]. Finally, as a mother, I urge everyone reading this to talk to their children. Talk to young people. Be a mentor. What happened to Michael Brown could happen to any young man, but the truth is that it’s far more likely to happen to a young African American man than to one of any other race. The police give our young men almost no leeway. That’s a fact. Make your children understand that,

By Email

make that young person who needs a wise adult

Submit demands to: [email protected]

role model understand that. This may be an unjust

We urge every NBA member to join the NBA in reality, but for now, at this time and in this nation, it seeking action to revoke Officer Wilson’s license is the reality. Take the time. Save a life. to work in law enforcement. Please visit the nationalbar.org to sign our petition.

Pamela J. Meanes

President, National Bar Association nationalbar.org

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By Pamela J. Meanes

It begins with the first piece of the pays well, become an active, participating member of society, cast puzzle: a fidgety first grader. Often, votes in favor of candidates and issues that will help other African an African American boy. Americans. He’ll never raise successful children who become His dad isn’t around. His mom productive members of his community. He never consciously made works constantly to keep food on those decisions. He—and other influential people in his life—didn’t the table and the electricity on. recognize the crossroads years ago, and they failed to make the There isn’t much time for discipline. choices that would keep the young man on the path to becoming a successful adult. They all unknowingly went down the path that led More pieces of the puzzle come to prison, rather than school. together. Throw in a school district that, exasperated with Our nation and the African American community are at a crucial discipline problems among point. While as a country we have made significant progress in the its students, has implemented area of civil rights—especially in the past 60 years—and though we extensive zero tolerance policies are halfway through the second term of our first African American for student misbehavior. What’s president, challenges remain. next? Suspension. More suspensions. And then, in high school, Affirmative action is under attack, we’ve seen a growing movement expulsion. What happens next is all too predictable. High school to require voters to present photo IDs in order to vote, and the students who have been expelled or who chose to drop out as nominations of African American judges are frequently frozen. they fell farther and farther behind academically, end up jobless, So it’s crucial that the NBA take action. joining gangs and falling into a culture that leads to violence, During the 2014-2015 bar year, the NBA will focus on four crucial death, incarceration or often, all three. areas: 1) Education: The New Civil Right, 2.) Voter Protection: By the time these young African Americans – usually males – are Restoring the Voting Rights Acts and Advancing Democracy, 3) expelled or drop out of school, countless opportunities to save Judicial Equality: Dismantling The Barriers That Prohibit A Diverse them have been missed. Busy or absent parents don’t intervene, Bench, and 5), the Fight Against Police Brutality. With 2014 being overworked, underpaid and frustrated teachers and school the 50th Anniversary of the Civil Rights Act of 1964, the 60th counselors are overwhelmed and fail to intervene. No one says Anniversary of the landmark Brown v. Board of Education decision, “enough,” until one day a judge pronounces a sentence and and 2015 being the 50th Anniversary of the Voting Rights Act of society says “enough.” 1965, it is especially appropriate for the NBA to turn its attention And so yet another young African American is lost. He may live. He to and focus its resources on these areas. And considering the may survive prison. But he’ll never have a career, hold a job that nationwide unrest and worldwide attention sparked by the August 8

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9th shooting and killing of Ferguson, Missouri, teenager Michael The NBA also just concluded the 25th Anniversary Wiley A. Branton Brown by a police officer, the NBA cannot turn a blind eye to police Symposium Series, held at St. John’s University School of Law in New York, Western State College of Law in Fullerton, California, brutality. Recognizing that this is a crucial time in America’s history the NBA Southern University Law Center in Baton Rouge, Louisiana and the University of Arkansas School of Law in Little Rock, Arkansas, cowill keep these issues in front of our community. chaired by Professor Tracie Porter and Dean Everett Bellamy, the symposium series examines issues surrounding opening the doors Education: The New Civil Right of law schools to African American students. When we fail to educate all children, the outcome is predictable: third-graders with poor skills become middle schoolers with third-grade skills, and eventually high school students without the ability to succeed in college or to compete in today’s economy. The consequences of this failure are disastrous across the board: increased poverty, crime and incarceration, and decreased productivity and quality of life. The achievement gap in education is America’s most vexing social problem—the modern frontier of the civil rights movement.

The function of education is to teach one to think intensively and to think critically. Intelligence plus character —that is the goal of true education.

“If we want to give our children reason to aspire to gain entry to professions such as the law, we have to make them understand these professions are attainable,” said NBA President Pamela Meanes. “Wiley Branton himself showed us that the doors can be opened and there is access to law school and to careers in law for African American students.” In addition, the University of Arkansas has agreed to publish a special NBA 25th Wiley Branton Symposium edition of its law review journal.

Led by National Advisors NBA Past President Educational issues will also be part of Junius Williams and Professor Kimberly the Presidential Mid-Year Showcase and Norwood of the Washington University ~ Martin Luther King, Jr. ~ Gertrude Rush Conference held next March School of Law, the NBA, in conjunction with 26-29 in St. Louis. the Missouri Bar, held NBA Constitutional Law day on September 17. The idea behind the event was to give NBA members the The NBA’s pro bono efforts on behalf of African American students opportunity to meet with students, discuss the importance of the will also come to the fore in coming months. As part of the effort U.S. Constitution and help students understand their Constitutional to establish education as the new Civil Right, during the next rights. The events also gave students an opportunity to meet African year the NBA will take steps to provide representation to African American lawyers, who could serve as role models for the students American school age children who are facing school or school district disciplinary hearings. This is a key initiative, one that is and to show that a career in law is an attainable goal. intended to shut down the “school to prison” pipeline that results in Just a week later, the NBA and it members also participated a disproportionate number of young African Americans being lost in several panels during the Congressional Black Caucus forever to our nation’s prison system. Foundation’s Legislative Conference in Washington D.C. Two of The NBA has also launched the “Drop That Zero Campaign,” those panels included; which advocates for the end to zero tolerance policies, decreased . Congressman Emanuel Cleaver, II’s Brain Trust presence of armed guards in schools, and demand new policies for From Separate But Equal to Separate But Unequal School dealing with student misconduct. Choice Debate which the NBA cosponsored Finally, in the interest of educational equity, the NBA will recruit . Congressman John Conyers’ Brain Trust majority law firms to support equity reform litigation in the states. Protecting The Right To Vote

Congressman Emanuel Cleaver

Congressman John Conyers nationalbar.org

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Voter Protection: Restoring the Voting Rights Act and Advancing Democracy With the goal of ensuring the voting rights of all, the NBA has launched an Election Protection Initiative, with Professor Kareem Crayton, University of North Carolina School of Law serving as Advisor and chaired by Vicky McPherson and co-chaired by Leigh Chapman.

. “NBA Day On The Hill,” Washington, D.C. April 21–25, 2015 . Lobbying Efforts focused on the Voting Rights Amendment Act, section 5(a) The Democracy Restoration Act Finally, the St. John’s University School of Law has agreed to publish a special issue of its law review journal supporting the NBA’s Voting Rights initiative. A request for papers to be published in the special issue will be sent to membership.

Recent court decisions and state legislative efforts have put into Judicial Equity: Dismantling the Barriers that Prohibit a place requirements that voters show a photo ID in order to vote. The Diverse Bench NBA holds that such requirements are unconstitutional, so the NBA is supporting legislative efforts to outlaw photo ID requirements for To ensure justice for all, the NBA is supporting efforts to create a truly diverse judiciary. In additional to voting, and will mobilize election protection evaluating, endorsing and/or testifying for efforts in AR, CA, FL, GA, LA, MD, MI, or against a judicial nominee, the NBA will MO, MS, NC, NJ, NY, OH, TX, PA and VA specifically advocate for the discontinuation to ensure that every individual may freely of the use of the “blue slip process” by exercise the RIGHT to vote. certain U.S. Senators to block two qualified Also supporting the initiative, the NBA’s African American female federal judicial Legislative Division is sponsoring a Voter nominees: 1) Jennifer May-Parker from Rights Webinar series, focusing on: North Carolina; and 2) Judge Allison Renee . “Election Protection and the Midterm Lee from South Carolina. Elections” NBA Region IV consists of Maryland, North . “Tools of Disenfranchisement: Voter ID, Felon Disenfranchisement” . “Celebrating the Voting Rights Act” In addition, the NBA will support the Election Protection initiative though its: . Presidential Annual Showcase “Voter Protection: Restoring the Voting Rights Act and Advancing Democracy” 90th Anniversary Convention, Los Angeles, CA 10

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Change does not roll in on the wheels of inevitability, but comes through continuous struggle. And so we must straighten our backs and work for our freedom. A man can’t ride you unless your back is bent. ~ Martin Luther King, Jr. ~

Carolina, South Carolina, West Virginia and Virginia. In conjunction with the affiliates in these states and the Region IV Director, the NBA will organize a campaign to get North Carolina Senator Richard Burr and South Carolina Senators Lindsey Graham and Timothy Scott to fill out blue slips for judicial nominees Jennifer May-Parker (NC) and Allison Renee Lee (SC), respectively.

Simultaneously, it will lobby Patrick Senator Leahy to set aside the blue slip process. These efforts are being coordinated by NBA Legislative Standing Committee Chair Kimberly Jones.

The NBA’s Fight Against Police Brutality Keeping children in school, giving them their best chance at academic success, protecting their voting rights, helping them see careers in law are a real opportunity, and ensuring fairness in our court system are all of vital importance to our next generation and their chance to become participating, productive members of society, making a positive impact and having an influence over their lives and the direction of our country. But all of those efforts can be negated by the scourge that is police brutality. No one supports criminal behavior being ignored or downplayed, but conversely, we cannot tolerate police who act as judge, jury and executioner, overstepping the bounds of their authority.

An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for the law. ~ Martin Luther King, Jr. ~

“We’ve seen it for years,” said President Meanes. “A police officer makes an assumption, reacts a little more quickly and a great deal more harshly when he or she’s dealing with an African American. It’s a fact that profiling influences traffic stops and that police brutality – often based on that profiling – is the end result.”

Advocacy: The NBA will lead the way in the fight against police brutality, holding press conferences, issuing press releases, meeting with state, local and city officials, demanding prosecution, organizing rallies, and calling for U.S. Department of Justice investigations and prosecutions. Federal legislation: The NBA is advocating for federal laws mandating the use of body cameras, implementation of universal Use of Force Training for police, annual de-escalation training for police and for officers to be legally required to stop the use of excessive force by fellow officers.

In Summation … All of these efforts are aimed at improving the lives of African Americans—and all Americans. But the long-term focus is on children and young people. “We cannot lose another generation,” said President Meanes. “We are blessed to be in a position from which we can make a real, sustained change. Just as we saw during the Civil Rights era, one committed, focused and hard-working generation can change the world for the next generation. We can do it, we have to do it. We owe it to not only ourselves, but to our children.”

So the NBA is taking on the issue on multiple fronts: Investigation: The NBA is investigating the top 25 states and cities, looking into incidents in which police shot and killed unarmed individuals. The NBA and its Police Brutality Task Force will then petition the U.S. Department of Justice to investigate the incidents and police departments.

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On June 7, 2014 Patrise M. Perkins-Hooker,

State Bar of Georgia’s First African American President by Laverne Lewis Gaskins

vice president and general counsel for the Atlanta BeltLine, Inc, was sworn in as the 52nd president of the State Bar of Georgia. She is the first African American and third woman to serve as president of the State Bar. Below are excerpts from her inauguration remarks. “Good Evening, Justices of the Supreme Court of Georgia, Judges of the Georgia Court of Appeals, other members of the judiciary throughout the state, other elected public officials, my fellow State Bar officers, members of the Board of Governors, members of the State Bar of Georgia, family and friends.” “I would like to start by taking just a few minutes to publicly acknowledge and introduce several members of my family and friends, who join me for tonight’s historical celebration.” “I am sure my ancestors are smiling down on me. You see, I am the fifth generation descendant of people who were involuntarily brought to the Camp Plantation in Lawrenceville, Georgia.” “I did not know a lawyer, while I was growing up. No one told me that I could be a lawyer, until I became the captain of the Debate Team and the regional winner of the Bicentennial Youth Debates in 1976, while attending Frederick Douglass High School in Atlanta.” “After I received my J.D./M.B.A. from Emory, a highly accomplished, community-minded, and talented lawyer came in to meet me as I interviewed with his partners for a law clerk position. I will never forget this moment. He asked me one simple question: “Can you write?” I told him yes, and he offered me the job on the spot! I learned to be an excellent lawyer, a master at client service, and a truly committed public servant leader from Marvin Arrington, Sr. Thirty years later, he remains my mentor and friend. I am extremely grateful for what he taught me by example. He taught me that service was the rent that we pay for the space we occupy on earth; and he taught me to seek to become a leader in my community and in my profession, as a way of giving back.” “I have been blessed by an incredible village! But lest you believe that my village was limited to a village of color, let me set the record straight. I am part of that generation where the gates of the villages in the South opened up and one village began to talk to another.”

Patrise M. Perkins-Hooker 12

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“As I accept this position of your 52nd President, look at all the shoulders I stand upon. I stand on the shoulders of numerous African American lawyers who revolved through the Board of Governors, two or three at a time, until fairly recently: including two African American lawyers who were elected to the Executive

Committee of the Board of Governors before me -- William Jenkins and Aisha Mustakeem. In fact, if circumstances and timing in his life had been different, I truly believe that William Jenkins might have been the first person of color to have been elected an officer of the State Bar of Georgia.” “My election as President heralds a new era in the State Bar’s history: 60 years after Brown versus the Board of Education, 51 years after the March on Washington, and 50 years after the passage of the Civil Rights Act of 1964. For 51 years as a mandatory, organized Bar, and for 81 years before that, as a voluntary statewide bar association, our Bar had not demonstrated an openness to all lawyers because the governing body did not reflect leadership of anyone of color. Today I stand before you, witness to the fact that the leadership of the State Bar of Georgia is open to all lawyers licensed to practice in Georgia.”

Laverne Lewis Gaskins is the Editor-In-Chief of the National Bar Association Magazine, and she is employed as the University Attorney for Valdosta State University. She is a contributing writer for The Epoch Times, and her articles have appeared in a variety of national and state publications. Attorney Gaskins is a member of the Board of Governors of the State Bar of Georgia.

“I tell you this story, especially to the younger lawyers in the audience, because we must remember our history. We must recognize that we are never on the journey alone. There are always those who open doors, teach us invaluable lessons, set examples to follow, and give us our wings. I am quite clear that I did not get here by myself. Many before me worked hard that I might have this opportunity, this access, and this moment in time.” “But I am equally clear that the opportunity means nothing, if you are not willing to take advantage of it and work hard.” “I am here because of the faith that people have had in me and because of what I demonstrated to them when given a chance.” “During my year as President, I would like to emphasize three areas. We will be reaching out to those in our community, who are underserved through a combination of programs designed to increase the access to legal services by people in need... Also during my term, the State Bar in conjunction with the Younger Lawyers Division will be leading lawyer volunteers in a pilot program with some of our school systems, to introduce the iCivics program in Georgia. The iCivics program is designed to reinforce the understanding of middle and high school students about their obligations as citizens of our country. We will also be reaching out to lawyers throughout the state to encourage all members of our profession to take an interest in and get involved with our State Bar.” “We have a full year of EXCITING work ahead of us! I will need your help AND your prayers.” “As we set forth to work for the benefit of ALL Georgia Lawyers, TOGETHER, we will elevate the State Bar of Georgia and continue to advance the cause of justice.” “As I stand before you today, on the shoulders of so many.” “I truly thank you for this opportunity to serve and for being with me here tonight to share in this moment of history!” nationalbar.org

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Catching a Bad Rap: The Use of Rap Lyrics as Evidence in Criminal Trials

By Bethany J. Peak

n Baltimore, Kevron Evans is currently facing drug charges knowledge, identity, absence of mistake, or lack of accident.”5 after police obtained a warrant to search his home. In the While rapping about violence is obviously not criminal, many charging documents, the police relied upon YouTube rap courts have accepted that it can be a “bad act” for character videos of Evans, rapping under evidence purposes.6 For example, the New the name “Young Moose”, about drugs York Court of Appeals upheld a second and violent crimes. Similarly, in Florida, degree murder conviction after holding prosecutors plan to use Eddie Walker’s that the trial court had properly admitted raps, written while in jail, as evidence in a evidence of a rap song in which the lyrics 1 murder trial. The state argues that the lyrics were similar to the circumstances of the prove “Walker ha[d] specific knowledge of murder.7 The defendant challenged the the killing, was involved in the drug trade authentication of the tape, however, the and that he is a dangerous man who wants Court found that the “[a]lthough there was 2 his ex-girlfriend dead.” The use of rap lyrics no evidence conclusively establishing when as evidence in criminal trials is not a novel defendant recorded the rap song” the rap idea; however, recently, the practice has could be admitted as character evidence of become increasingly popular. Unlike other an uncharged bad act.8 forms of art, rap lyrics are read literally A defendant’s best argument against the and considered to be autobiographical.3 introduction of his/her rap lyrics is that the Consequently, their introduction in criminal prejudicial value of the lyrics outweighs trials can be perceived as “confessional” their probative value.9 Federal Rule of and therefore, can be fatal to a defendant’s Evidence 403 permits a trial court to case. “exclude relevant evidence if its probative Prosecutors introduce rap lyrics as character value is substantially outweighed by a evidence. The general rule is that character danger of one or more of the following: evidence cannot be used to establish that unfair prejudice, confusing the issues, a defendant acted in accordance with that misleading the jury, undue delay, wasting 4 character trait. However, crimes or nontime, or needlessly presenting cumulative criminal “bad acts” may be admitted as evidence.” In Holmes v. State,10 the Nevada character evidence if it establishes “motive, Supreme Court acknowledged that the ~ Martin Luther King, Jr. ~ opportunity, intent, preparation, plan, introduction of rap lyrics was unfairly

The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.

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prejudicial, but held that the unfair prejudice did not substantially outweigh the lyric’s probative value. However, to the contrary, Maryland’s highest court has held that the introduction of violent rap lyrics unfairly prejudiced a defendant and remanded the case for a new trial.11 Throughout the nation, different courts come to different conclusions regarding the admissibility and prejudicial effect of rap lyrics.12 While there are instances when musical lyrics and other forms of fictional art may be relevant and probative, as used today, rap lyrics as evidence have little to do with a particular defendant’s intent or motive, and more to do with stereotypes about Black men and violence. Many people are unable to separate violent rap lyrics from the black man who wrote them. A 1996 study examined how when violent lyrics were presented as rap music, listeners found them to be objectionable, whereas when the same lyrics were presented as folk or country music, they faced less criticism.13 Studies such as this demonstrate why rap lyrics are far more likely to be used against defendants than are other genres of music which also have violent lyrics. Additionally, scholars point out that there are constitutional concerns with using rap lyrics as evidence because they are protected under the First Amendment.14 As a result of the underlying societal beliefs regarding rap, violence, and Black men, rap lyrics used as evidence tend to be unfairly prejudicial. Prosecutors should attempt to use other forms of admissible character evidence to make the same point and courts should be cautious when considering admitting the lyrics.

We must use time creativelyand forever realize that the time is always hope to do great things. ~ Martin Luther King, Jr. ~

1 Weston Phippen, Will a Pinellas man’s rap lyrics be used against him in murder trial?, TAMPA BAY TIMES, Jan. 10, 2014. 2 Id. 3 Erik Nielson and Charles E. Kurbin, Rap Lyrics on Trial, NEW YORK TIMES, Jan 13, 2014. 4 Federal Rule of Evidence 404(a). 5 Fed. R. Ev. 404(b) (2). 6 See State v. Koskovich, 168 N.J. 448, 483, 776 A.2d 144, 164 (2001 (holding that the rap lyrics were sufficient as a bad act under FRE 404(b)). 7 People v. Powell, 115 A.D.3d 1253, 982 N.Y.S.2d 214 (2014). 8 Id. at 217. 9 Fed. R. Ev. 403. 10 129 Nev. Adv. Op. 59, 306 P.3d 415, 420 (2013). 11 Hannah v. State, 420 Md. 339 (2011). See also State v. Leslie, 843 N.W.2d 476 (Iowa Ct. App. 2014) (the court upheld the suppression of rap videos intended to prove the bad character of the victim, finding that “the rap videos are a form of artistic expression.”). 12 But see State v. Skinner, 218 N.J. 496, 525, 95 A.3d 236, 253 (2014), which provides guidance on how to approach the probative value of rap lyrics as evidence. 13 Fried, Carry, Bad Rap for Rap: Bias in Reactions to Music Lyrics, Journal of Applied Social Psychology, Vo. 26, Issue 23, P.2135-2146, Dec. 1996. 14 See Sean-Patrick Wilson, Rap Sheets: The Constitutional and Societal Complications Arising from the Use of Rap Lyrics As Evidence at Criminal Trials, 12 UCLA Ent. L. Rev. 345 (2005).

Bethany J. Peak is currently a law clerk on the Maryland Court of Special Appeals for the Honorable Michele D. Hotten. Following receipt of her B.A. from the University of California at Berkeley, she earned her J.D. from American University, Washington College of Law.  An active member of the NBA, she is currently secretary of the Appellate Law Section.  nationalbar.org

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A

lmost nine years after the 2007 financial collapse, the housing market is purportedly in recovery in some areas of the country.2 However, the recovery is bypassing homeowners in predominately African-American communities, according to a recent Haas Institute for a Fair and Inclusive Society Report.3 One of the primary causes of the staggering recovery for African- American communities is the legacy of predatory lending that left a disproportionate negative impact on African-American and Latino communities.4 The Nightmare of Homeownership:

By Tracie R. Porter1

According to the research conducted by the Haas Institute, in 57 cities, at least 30% of all mortgaged homes are still underwater.5 In 71 of the 100 hardest-hit cities, African-Americans and Latinos account for at least 40% of the population.6 In 151 zip codes, at least 50% of all mortgaged homes are still underwater, but in the hardest-hit 395 zip codes, African Americans and Latinos account for at least 75% of the population. The devastation from the bursting of the real estate bubble in 2006 and the ensuing financial crisis in 2007 that followed caused a staggering loss of wealth from which many African American homeowner citizens may never recover.7 For those African American homeowners who are still managing their monthly mortgage payments, wealth building through equity has set them back so significantly that catching up with their white counterparts may be virtually impossible.8 For African Americans and Latinos specifically, between 2005 and 2009, they experienced a decline in household wealth of 52% and 66%, respectively, compared to 16% for whites.9 Homeownership constituted 92% of the net worth for African Americans and 67% for Latinos, compared to 58% for whites.10 These statistics paint a daunting perspective considering that for most Americans, and particularly people of color, their homes were their largest source of wealth, for reserves and future planning. Even for those homeowners who weathered the worst of the storm after the 2007 financial crisis, a significant portion of American families live in mortgaged homes that are still “underwater.”11 Despite reports of rising home prices, there are still some 9.8 million households underwater, representing 19.4% of all mortgaged homes—nearly one out of every five such homes.12 Reports of rising home prices, however, are also misleading because they primarily relate to the few communities not hardest hit by the financial collapse—and some project that this upward trend is expected to slow down dramatically in 2014.13 For the African American communities that did not see any significant increase in homes values, this means they are not likely to see their wealth rebuild through homeownership any time soon.14 Even if market forces increased values in non-African-American communities, those forces alone would not bring any meaningful recovery in housing values in the most severely impacted African American communities.15

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Even more damaging is the fact that many African American homeowners, who were unsuccessful in receiving government assistance, were forced by circumstances to abandon their homes and walk-away. This loss of property and unrecoverable wealth, while devastating, more importantly, resulted in a loss of their sense of community.16 Homeownership, for many, is the epitome of the American Dream that generates attendant feelings of euphoria, and comfort. The banking and financial services industry through predatory mortgage lending practices,17 however, took the dream of homeownership and transformed it into the Great American Nightmare with particular impact on African-American.

Professor Tracie Porter is an Associate Professor of Law and the Director of the Western State College of Law’s Business Law Center. She has taught widely at law schools throughout the

1 © 2014, Tracie R. Porter. Associate Professor of Law and Director of the Business Law Center, Western State College of Law. B.A. 1990, Cornell College; J.D. 1994, Drake University School of Law. 2 Christopher Matthews, After 8 Years, The Real Estate Market is Finally Looking Normal Again, CNNMONEY, Mar. 31, 2014, http://finance.fortune. cnncom/2014/03/31/after-8-years-thereal-estate-market-is-finally-lookingnormal-again/ (accessed May 31, 2014). 3 Haas Institute For a Fair and Inclusive Society, Underwater America, http:// diversity.berkeley.edu/sites/default/files/HaasInsitute_UnderwaterAmerica_ PUBLISH_0.p df (accessed May 15, 2014) [hereinafter HAAS INSTITUTE]. 4 See Tracie R. Porter, The Field Between Lions and Zebras . . . Evening the Playing Field Between Lenders and Borrowers: Conflicts of Interest and Legal Obligations in the Residential Mortgage Transaction, 30 QUINNIPIAC L. REV. 623, 631 (2012), citing Creola Johnson, The Magic of Group Identity: How Predatory Lenders Use Minorities to Target Communities of Color, 17 GEO. J. ON POVERTY L. &POL’Y 165, 168 (2010) (documenting how the banking industry preyed on African-American and Latino communities by sending in loan officers of African-American and Latino descent to communities and churches to persuade them to enter into toxic mortgage products or refinance their homes to cipher all the equity in the home that had accumulated over the generations of homeownership); see also HAAS INSTITUTE, supra note 3, at 5. 5 HAAS INSTITUTE, supra note 3, at 5. 6 Id. 7 Id. 8 Id.

Midwest and overseas; she is an authority on

9 Id.

real estate and probate matters. Professor Porter

10 Id.

earned her J.D. from Drake University Law School, where she was an NAACP Earl Warren Scholar

11 “Underwater” means a homeowner owes more on one’s mortgages than the home is worth. Id.

and a Sadie T.M. Alexander Law Scholar. Before

12 Id. In 2013, nearly 113,000 homeowners in these ZIP codes went into default or foreclosure. Id.

arriving at Western State, she was on the faculty

13 Supra note 2.

of the Southern Illinois University School of Law

14 The eleven states with the highest number of hardest-hit ZIP codes are (in order): Georgia, Florida, Illinois, Michigan, Ohio, New Jersey, Maryland, Missouri, California, Nevada, and North Carolina. HAAS INSTITUTE, supra note 3, at 6.

and has had extensive law faculty experience in the Midwest and in China. Professor Porter’s previous professional experiences included positions in both government and private sector settings. She was the principal of the Law Offices of Tracie R. Porter, LLC, a practice focused on diverse areas of real

15 Id. at 5. 16 Tracie R. Porter, Pawns for the Higher Greed: The Banking and Financial Services Industry’s Capture of Federal Homeownership Policy and the Impact on Citizen Homeowners, 37 HAMLINEL. REV. 139, 171-72 (2013), citing Stephanie M. Stern, Reassessing the Citizen Virtues of Ownership, 111 COLUM. L. REV. 890, 891 n. 4 (2011). 17 Id. communities. To this end, these banking practices transformed Main Street into the horror of Elm Street—leaving African-American homeowners stuck in the nightmare.

estate and business law, including transactional and litigation cases, corporate law, and probate proceedings. Before starting her own law firm, she was a litigator with the United States Department of Labor in Chicago and an associate with the Chicago firms Barnes & Thornburg and Brown Udell & Pomerantz. Professor Porter has held numerous leadership positions in national and local bar associations. nationalbar.org

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Race, Gender, and Discipline Disparities By Janel A. George

Although no one was injured and no property was damaged, Kiera was arrested, charged with two felonies, suspended from school for 10 days, and sent to an alternative school. Public outcry resulted in the dropping of the felony charges and Kiera graduated from high school, but her family accumulated significant legal fees and it may take years to remove the felony arrest from her records. While Kiera continues to pursue her passion for Science, Technology, Engineering, and Mathematics (STEM) in college, such overly punitive practices often discourage African American girls from pursuing STEM and even from staying in school. Experts note that many students subjected to overly punitive discipline practices suffer from feelings of disengagement from the learning environment and stigmatization. African American girls are especially vulnerable to being targeted for overly punitive discipline. During the 2011-2012 school year, 12 percent of African American girls in K-12 schools received an out-of-school suspension—six times the rate of white girls— and more than any other group of girls and most boys. Although African American girls comprise less than 17 percent of all female students, they were 31 percent of girls referred to law enforcement, and 43 percent of girls subjected to school-related arrests. African American girls being pushed out of school and into the juvenile justice system are fueling the school-to-prison pipeline and making girls the fastest growing segment of the juvenile justice system population. Oftentimes, African American girls are penalized for minor and subjective offenses, such as “disrespect.” The report examines the role of race and gender stereotypes and bias and

A

lthough many African American girls were pivotal in advancing educational opportunity before and during the Civil Rights era, the educational outcomes of African American girls are being undermined by practices influenced by race and gender bias, including overly punitive discipline practices in schools. A recent report by the NAACP Legal Defense and Educational Fund Inc. and the National Women’s Law Center1 highlights how race and gender stereotypes and bias combine to impact the educational and life outcomes of African American girls and women. The confluence of race and gender stereotypes and bias in the application of discipline particularly illustrate how the educational outcomes of African American girls are being undermined. Sixteen-year old African American student Kiera Wilmot’s story exemplifies how these issues manifest for many African American girls. Kiera conducted a science experiment combining aluminum foil and toilet bowl cleaner, which resulted in a small explosion. 18

the national bar association magazine

I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality... I believe that unarmed truth and unconditional love will have the final word. ~ Martin Luther King, Jr. ~

how they contribute to discipline disparities and other disparities impacting the educational outcomes of African American girls. For instance, educators’ stereotypes of African American girls as “loud” and disrespectful often result in interpretations of African American girls’ behavior, such as “speaking up” or being assertive, as confrontational, or not “ladylike” (all code for not conforming to society’s standard of feminine behavior). The report calls for an end to such discriminatory practices based upon race and gender. Titles IV and VI of the Civil Rights Act prohibit such discriminatory practices and policies in public schools, and federal oversight and enforcement is key to addressing such prevalent disparities. Among the report’s recommendations to address such disparities is a recommendation for the U.S. Department of Education’s Office for Civil Rights to investigate the extent to which school discipline policies disproportionately impact girls of color. Another recommendation is for schools and districts to provide girls, particularly those with a history of trauma, with culturally appropriate social and emotional learning programs that teach skills for responding to conflict in constructive ways. Early screening for trauma will also help to appropriately identify victims, provide them with needed services, and prevent them from being improperly targeted as aggressors. The educational success of African American girls, and all students, depends upon the implementation of such alternatives to overly punitive discipline practices that push students out of school and

1 Unlocking Opportunity for African American Girls: A Call to Action for Educational Equity, The NAACP Legal Defense and Educational Fund, Inc. and the National Women’s Law Center, available at http://www.naacpldf.org/files/ publications/Unlocking%20Opportunity%20for%20African%20American%2 Girls_0 .pdf.

Janel George is Education Policy Counsel at the NAACP Legal Defense and Educational Fund, Inc. (LDF), where she uses legislative and policy advocacy to promote racial justice and equal opportunity. She works on a broad range of education issues, including early childhood education, special education, access to higher education, equitable resource distribution, among many others. She works with a broad group of stakeholders within coalitions and campaigns to eliminate racial disparities and promote equitable school policies and practices. Ms. George also works closely as a federal liaison for the Dignity in Schools Campaign (DSC), a coalition of 83 organizations across the country, to promote positive and inclusive school discipline policies and curb the use of exclusionary and overly punitive disciplinary practices that push students out of school and fuel the School-to-Prison Pipeline. Ms. George received her law degree from the University of Wisconsin Law School, where she served as a Managing Editor of the Wisconsin Law Review. nationalbar.org

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The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. ~ Martin Luther King, Jr. ~

The United States has the dubious distinction of being the incarceration capital of the world, with the highest documented incarceration rate of 754 per 100,000 people (as of 2009). This U.S. incarceration statistic comprises local jails, state prisons, federal prisons, pretrial detainees, female prisoners, juveniles and foreign prisoners, according to the U.S. Bureau of Justice Statistics (BJS). Moreover, it includes an estimated 905,800 African Americans that account for 39.4% of the total prison and jail populations. Alarmingly, the U.S. “imprisons a larger percentage of its black population than South Africa did at the height of apartheid,” noted Michelle Alexander, author of The New Jim Crow. 20

the national bar association magazine

America’s elevated rate of incarceration combined with its disproportionately high rate of incarcerating African Americans is disastrous for low-income, predominately African American communities around the country. Data from a BJS report in 2012 shows that every week America’s state and federal prisons release more than 10,000 ex-prisoners who arrive on the doorsteps of communities that can least afford them. Future prospects of exoffenders are seriously hobbled, if not destroyed, by the fact that they have criminal records that are often permanent (including juvenile records), and have consequences for their entire lives. Having a criminal record can exclude many people from several resources and opportunities needed to effectively function within a community. Heartbreaking stories about how another African American’s past criminal record has hurt that individual’s current or future plans for attending school, or joining the armed forces, or getting a certain job, or even adopting grandchildren, compelled me, as the first African American Clerk of the Circuit Court of Cook County, Illinois, an attorney and National Bar Association member, to develop a program to help eradicate some of the negative, residual effects of the mass incarceration of African Americans. I realized that many people who had been involved in the criminal justice or penal systems would be able to live more productive lives if only they were given a second chance to become law-abiding, productive members of society. Increasing the employability of residents in impoverished, African American communities would be a game-changing dynamic. Expungement is the legal process of giving someone a fresh start by “wiping clean” his or her criminal record. In general, the act of expunging refers to when a criminal record is deleted from all official electronic databases of the criminal justice agencies and the Clerks of Court, as if it never existed, and can be physically destroyed by the arresting agency, state police and prosecutor. However, the Clerk of Court retains the official court record, which can only be viewed pursuant to a court order.

Forty-five states and the District of Columbia provide for expungement for some ex-offenders, or other similar relief. A majority of states provide expungement for arrests not resulting in convictions. Most states provide expungement for misdemeanor convictions; and some states provide expungement for felony convictions, after a waiting period.

to its members and the community at-large, and helping to ensure that its member-attorneys actively participate at the Expungement Summits.

Volunteer attorneys hear firsthand how summit attendees struggle to successfully reintegrate into society. African American attorneys are particularly motivated to address the fact that both the mass In 2005, I established the first Clerk of the Circuit Court of Cook arrest and incarceration of African Americans have a hugely County, Full Service Adult and Juvenile Expungement Summit. detrimental and prolonged effect on African-American families and This program has proven so successful over the years that it communities. is now a national model and the basis of the Expungement Summit Guide, a step-by-step instructional booklet on planning Yet, when an individual is granted an expungement, legally that and producing Expungement Summits in local jurisdictions. person is able to indicate on an employment, loan or rental Download the Expungement Summit Guide from my website www. application that he or she has never been convicted of a crime, improving his or her ability to take care of himself or herself, cookcountyclerkofcourt.org. children and family members. Employed and law-abiding residents In brief, we design our Expungement Summits as full-day (10- boost local economies. hour), community-based events, where attendees have the opportunity to receive free assistance from volunteer attorneys The success of the Clerk’s Office’s annual Expungement Summits in filing expungement applications on site. Attendees also learn has greatly raised awareness about the expungement process, and about alternative legal remedies if they don’t happen to qualify for every year thousands of individuals have been able to gain fresh expungement, and they receive information about many support starts. In 2013, 8,481 adult expungement petitions were filed at the Cook County Clerk of Court and 8,439 expungement petitions services available for ex-offenders. were granted. The legal community’s voluntary help is fundamental to an Expungement Summit. Indeed, the Cook County Bar Association Racial disparity in criminal justice is an ongoing problem, not easily (CCBA), the NBA’s local affiliate in Chicago, Illinois, has been resolved. However, making Expungement services more readily integral to the success of our annual Expungement Summits. accessible to African American communities is a solution within CCBA works closely with the Clerk’s Office, promoting the summit our grasp.

Now, I say to you today my friends, even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. I have a dream that one day this nation will rise up and live out the true meaning of its creed: we hold these truths to be selfevident, that all men are created equal. ~ Martin Luther King, Jr. ~

Dorothy Brown was elected Clerk of the Circuit Court of Cook County, Illinois, in 2000, and has been reelected to three additional terms in Office. As the official keeper of records for all judicial matters brought into one of the largest unified court systems in the world, Clerk Brown is responsible for managing an annual operating budget of more than $100 million and has a workforce of over 1,800 employees. Clerk Brown graduated Magna cum Laude from Southern University in Baton Rouge, Louisiana; holds a Master’s in Business Administration with honors from DePaul University; a Jurist Doctorate of Law, with honors, from Chicago-Kent School of Law; and she is a Certified Public Accountant. nationalbar.org

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In 2014, the federal gift and estate tax law provides that each U.S. citizen and resident alien will benefit from a $5,340,000 basic exclusion from the federal estate and gift tax to either make gifts during life or to pass to heirs upon death. This amount is effectively doubled for married couples. All assets owned by a decedent or assets in which a decedent had certain interests at death are included in his/her estate for estate tax purposes -including retirement assets. If the taxable estate is worth less than the decedent’s basic exclusion amount remaining at death, federal estate tax will not be owed. The applicability of state estate taxes varies from state to state and involves separate considerations. However, states appear to be moving in the direction of increasing their exemptions over time to match the federal exemption.

When It Comes To Legacy Planning the Type of Assets You Own Can Really Matter by: Barry Rabinovich, JD, AEP, Senior Advanced Markets Director, MetLife Premier Client Group , and Tobias M. Mendelson, JD, MAcc, Senior Advanced Markets Director, MetLife Premier Client

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hen it comes to Legacy Planning, most individuals, including those of modest means, often focus their attention on who will inherit their assets and when those assets will be received -- and not on how the assets will be taxed. For 99% of Americans, the Taxpayer Relief Act of 2012 (ATRA) seems to have taken care of that. But has it? The new law appears to have removed “estate tax” planning from its position as the #1 focus and elevated other types of planning above it, such as distribution planning, creditor protection planning, mortality and longevity risk avoidance, and others. Yet, for these Americans, the IRS Can Still Be Their Biggest Heir. This is possible because the largest type of asset owned by these Americans is often retirement or “Income” assets. And for legacy planning purposes, the type of assets you own can really matter because it can determine whether your assets will be subject toan income tax for your heirs or not. 22

the national bar association magazine

While all assets of a decedent are included for purposes of calculating any potential estate taxes, certain assets of a decedent also receive a step-up in cost basis and/or an adjusted basis to either the date of death value or, if elected, their value as of the alternate valuation date. When a decedent dies with assets having a basis lower than its fair market value, this basis adjustment provides income tax benefits in that the heirs receive the assets without having to pay income tax on the difference. Common examples of assets receiving a step-up in basis include real estate, stocks and bonds, business interests and tangible property. Also, life insurance automatically gets a similar step up in basis because the death proceeds are generally paid income tax free by statute. Some assets, however, do not get the benefit of a stepped up basis on death. Such assets include traditional IRAs and qualified employee benefits, unpaid deferred compensation and gains on qualified and nonqualified deferred annuities. These assets are referred to as income in respect of a decedent (“IRD”). Income in respect of a decedent is accumulated income the decedent would have included as income on a future income tax return had they survived. Upon death, items of IRD are includable in the decedent’s gross estate for estate tax purposes but do not receive a step-up in basis. As a result, items of IRD are taxed as income to whoever is entitled to receive them (the estate or individual beneficiaries). Although IRD must be included in the income of the recipient, an income tax deduction for federal estate taxes paid may come along with it. The deduction is allowed (as an itemized deduction) to lessen the “double tax” impact that is caused by having the IRD items subject to the decedent’s federal estate tax as well as the recipient’s federal income tax. If the decedent is not subject to federal estate tax (has less than $5,340,000 in assets upon death), IRD assets remain subject to income tax however; the deduction for federal estate taxes paid has no value because no federal estate tax was paid. The estates of taxpayers who own large taxable retirement accounts at death (accounts that would have been subject to federal estate tax in earlier years when the exemptions were lower), may now avoid the top 40% federal estate tax, but their heirs might owe up to 3 9.6% income tax on the retirement proceeds once the money is withdrawn.

A simple example will help illustrate the impact of IRD. Here are the the heir to take required minimum distributions, the heirs withdraw assumptions applicable to both examples below: large amounts and end up paying income tax. Furthermore, unless advised properly, many heirs don’t even know that a stretch out is . No prior gifts and death of both spouses in 2014 possible and decide to take a lump sum distribution on their own, thus potentially triggering the top income tax rate. . Application of the highest income tax rate (3 9.6%) and

immediate liquidationldisposition of IRD assets

. Two Heirs . No state estate tax

How Might Life Insurance Help? Just because an asset would be IRD to heirs should you pass away prior to recognizing it as income does not mean you shouldn’t own it. Qualified plans, IRAs, 40 1(k) plans and nonqualified deferred annuities have many valuable benefits which include tax deferred cash build up. However, when considering your estate plan (including estate conservation), thought should be given to the income tax characterization of your assets in the hands of your beneficiaries Life insurance can play an important role in estate planning and estate conservation in that: . Generally, the death benefit is received income-tax free and may be estate tax-free as well depending on the value of your estate and/or whether life insurance is purchased and owned by a properly formed irrevocable life insurance trust. . The death benefit can provide liquid funds at a time when it may be needed the most. The death benefit can be used to provide income to survivors, help pay their living expenses (including income taxes) and/or help equalize an inheritance amongst loved ones. Plan to conserve your estate from tax depletion. To protect your legacy, plan to pay the tax. Work with your financial services professional and tax and legal advisors to determine if life insurance might help you achieve your estate planning goals and help protect your legacy. The information contained in this document is not intended to (and cannot) be used by anyone to avoid IRS penalties. This document supports the promotion and marketing of insurance or other financial products and services. Clients should seek advice based on their particular circumstances from an independent tax advisor since any discussion of taxes is for general informational purposes only and does not purport to be complete or cover every situation.

MetLife, its agents and representatives may not provide tax or legal advice. You should consult with and rely on your own independent legal and tax advisers regarding your particular set of facts and As you can see, unlike the much larger estate value that consists circumstances. entirely of non-IRD assets but is still small enough to avoid federal estate tax, the much smaller estate that contains all IRD assets and Metropolitan Life Insurance Company, New York, NY 10166. which also avoids federal estate tax still costs the heirs income L07l4383358[exp0715all states][DC] tax. In many cases, such as in this example, the IRS could become your biggest heir. In fact, the heirs of the smaller estate may be more likely to withdraw and use the IRD assets for income because they may need the money. Therefore, rather than deferring the income for later use under a stretch out plan that only requires nationalbar.org

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Know Your Constitution, Know Your

Rights

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s Chair of the Constitutional Day Committee, I would like to thank the Missouri Bar Association for partnering with the National Bar Association, for underwriting the cost of pocket Constitutions and providing the study guide which was used as a template for Constitution Day. In addition, I would like to thank Thompson Coburn for their assistance in assuring that the Constitutions reached the designated schools. This year’s Constitution day, September 17, 2014, focused on the 13th, 14th and 15th Amendments, the Dred Scott decision, Plessy v. Ferguson and Brown v. Board of Education. The lecture also questioned the effect of the Emancipation Proclamation and concluded with the importance of the Civil Rights Act of 1964. National Bar members engaged 8,610 middle school and high school students in New York, Charlotte, North Carolina; Little Rock, Arkansas; Wilmington, Delaware; Philadelphia, Pennsylvania; Washington, D.C.; N. Las Vegas, Nevada; Baltimore, Maryland, San Diego, California; St. Louis, Missouri; Louisville, Kentucky; Cleveland, Ohio; Whiteville, Tennessee; North Carolina and Baltimore, Maryland. In addition, President Pamela Meanes participated in a panel discussion involving the passage of the Civil Rights Act of 1964. The discussion was hosted by HEC-TV and The Missouri Bar. Students from Clayton High School and Confluence Academy were in attendance and the event was viewed by over 7,000 viewers. I would like to especially thank Region VI, Region VIII, Region XII, Macon B. Allen Black Bar Association, The Metropolitan Black Bar Association, Amistad, The Mounds City Bar Association, The Washington Bar Association, the Louisville Black Lawyers Association, GWAC, The Earl B. Gilliam Bar Association and The Barristers’ Association of Philadelphia, Inc. Sincerely, Jawan Finley, Chair 24

the national bar association magazine

By Professors Tracie R. Porter and Everett Bellamy This year the National Bar Association celebrated the 25th Anniversary of the Wiley A. Branton Issues Symposium. Wiley A. Branton was a champion in the civil rights movement and a pioneer in integrating education institutions. Mr. Branton was one of nine lawyers who integrated the University of Arkansas Law School and created a legacy in the legal academy as Dean of Howard University School of Law. With Mr. Branton’s legacy in the education arena in mind and the 50th Anniversary of the passage of the Civil Rights Act, under the visionary leadership of NBA President Pamela Meanes, the NBA created four Symposiums throughout the country to address the issue of Education: The New Civil Right. The Symposiums covered a broad range of educational topics but focused primarily on two areas: School-to-Prison Pipeline and Charter versus Public School Funding. Most of the panelists at each Symposium were NBA members who are practitioners and legal academics, litigating or publishing in these areas. The purpose of the Symposiums, however, were not only to discuss the pressing issues that our Black children face in disciplinary actions in school or in the inequality of education, but President Meanes challenged the panelists and the audience to come up with solutions. In fact, as one of the solutions to the School-to-Prison Pipeline issue, President Meanes has created a pro bono project in which students who face disciplinary action in school are provided with free legal counsel to represent them at hearings.

have no understanding of the process, or how to handle such a proceeding successfully,” said President Meanes. “So we are making legal services available to those students and parents. The idea is to keep these young people in school, where they need to be.”

In partnership with law schools on the East Coast, West Coast, South and Midwest, the Symposiums were a national outreach to NBA members who could have a dialogue with panels of experts who provided insight and possible viable solutions that may benefit their communities. The four law schools that partnered with the NBA include: the University of Houston Law Center and St. John’s University School of Law & The Ronald H. Brown Center for Civil Rights and Economic Development (East Coast held on Friday, October 10, 2014); Western State College of Law (West Coast held Friday, October 17, 2014); Southern University Law Center (South held Thursday & Friday, October 30-31, 2014); and the University of Arkansas at Fayetteville (Midwest held Friday, November 7, 2014). In conjunction with the Symposiums, the Arkansas Law Review is publishing a Special NBA Symposium Edition Law Journal that the NBA will showcase on March 26-27, 2015 at the Gertrude Rush Conference in St. Louis, Missouri. The National Chairperson of the Symposiums is Associate Professor Tracie R. Porter (Western State College of Law) and the National Vice-Chair is former dean, adjunct professor Everett Bellamy Georgetown University Law Too often, African American students – and their parents – find Center). themselves in a school or school district disciplinary hearing and nationalbar.org

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Justice Demands That Black Lives Matter by Laverne Lewis Gaskins

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n December 13, 2014, the call for justice and demand for society’s recognition of all its people was heard across the nation, and the world, in the collective voices of thousands who participated in the March on Washington and declared, “Black Lives Matter!” President Meanes was one of the featured speakers. During her address, President Meanes shared the National Bar Association’s plan to repair the bond between the police state and the community and offered the following “Real Solutions To American’s Epidemic.” “Since mid-July, the National Bar Association has advocated that the grave miscarriage of injustice caused by police brutality will only by corrected by legislative reform (3 local, 2 state and 4 federal) establishing Training, Accountability, and De-Escalation of the use of Force,” stated President Meanes. Local 1. Stricter Adherence of Mental Health Testing 2. Detailed & Thorough Diversity Training 3. De-escalation of Force Training

NABBS’ Atlanta Convention Brings Past, Present and Future Together

By Katherine Wright Davis, President, NABBS, Inc.

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hat great attendance we had in Atlanta for the National Association of Bench and Bar Spouses, Inc.’s (NABBS) 63rd Annual Convention! More importantly, however, we were able to worship together at the home church of Dr. Martin Luther King, Jr. and hold a memorial service led by Dr. William M. Meanes, plan and carry out health educational forums that dealt with Breast Cancer in the Grace Laws Wheatley Breast Cancer Forum, as well as learn about women and cardiology in the Dr. Annie Lawrence Brown Health Initiative session presented by Dr. Gerard Guerin. One of the most riveting sessions held during the conference was on the “Growing Problem of Child Sex Trafficking in America” presented by Mrs. Lisa Williams, Founder and Vision Keeper of “Circle of Friends—Living Water for Girls,” the organization to whom NABBS, Inc. made a contribution. We were truly able to continue our organization’s theme “Strengthening the Family… Strengthening the World,” and we anticipate soaring to even greater heights of excellence by continuing to hold educational, civic, cultural and social activities in conjunction with The NABBS Foundation led by Dr. Cleota P. Wilbekin who was recognized by NABBS, Inc. with a very special presentation during the President’s Reception.

State

Our NABBS members always enjoy having fun and exercising, as well. We were able to participate in a Line Dance Jamboree, a 1. Establish an Independent Police Investigations Black History City Tour of Atlanta, a Hat Fashion Extravaganza, and 2. Establish an Independent Prosecution Body (on cases involving attendance at the President’s Reception in the NABBS President’s police brutality) suite where a very special comedian and actor, Rodney Perry, made Federal a guest appearance and entertained us with laughter, real life situations, and straight talk that enabled us all to become better in 1. Monitory Body Camera With Penalty For Tampering our personal and professional lives. 2. Succinct Definition and Training for Escalation of Force 3. Succinct Definition and Training for Excessive Force 4. Felony Brutality The National Bar Association (“NBA”) was founded in 1925, during a climate of legally sanctioned social inequity where Black lives were devalued. However, the NBA stood firm upon principles of justice, fairness and democracy, and engaged in a rich, well-documented history of advocacy. Members of the NBA fully embraced its legacy and participated in December’s march. The NBA marched in recognition of the humanity of all people. The NBA marched in pursuit of an unapologetic demand that all people be treated the same under the law. The NBA marched because it cares. The NBA marched because, “Black Lives Matter!!” 26

the national bar association magazine

This year we were able to once again host the Minnie P. Spaulding Youth Achievers’ Breakfast where more than 73 children and teenagers attended. Colonel Terrance A. Garrick, The Motivator, was the featured speaker and entertained everyone there—young and old with vignettes, jokes, and life skill lessons. This quarter we will be meeting for our NABBS Executive Session where more plans will be put into action as we formulate additional plans for the remainder of this administration. As members of NABBS, we remain committed to the principles of equal justice under law. Therefore, our objective remains to make a positive difference in the lives of those we serve. We are very proud of where we are today and are excited about where we are headed.

By Tyesha C. Miley, Regional Director, Region III with contributions from John P. Kahn and Myisha Lacey-Tilson.

The National Bar Association’s Region III is proudly comprised of New Jersey, Pennsylvania, Delaware and the United States Virgin Islands and includes six affiliate chapters. Those affiliate chapters are: Garden State Bar Association; Association of Black Women Lawyers – New Jersey; The Barristers’ Association of Philadelphia; National Bar Association – Women Lawyer’s Division; Homer S. Brown Division; Delaware Barristers Association. The United States Virgin Islands include few attorneys, so there is not yet an affiliate chapter there. This year Region III has the proud distinction of being home to the dynamic Paulette Brown who was sworn in as the American Bar Association’s President-Elect on August 12, 2014 at the ABA’s Annual Meeting. Ms. Brown is the first African-American woman in this post. In 2015 she will become the first African American female President of the American Bar Association. The significance of this cannot be overstated or emphasized enough. The reason the National Bar Association’s history is rich with legal giants is because the American Bar Association had a bar against African American membership until 1943. The American Bar Association, which once ignored the intelligence, strength and competencies of the African American lawyer and legal professional did not have an African American President until 2003. Finally, in 2015, PresidentElect Paulette Brown will be the first African American woman to lead the organization which excluded African Americans from membership until 1943.

Police Department; Kevin Mincey, Founding Partner, Mincey & Fitzpatrick, LLC; Reggie Shuford, Executive Director, American Civil Liberties Union, Pennsylvania; and Deborah Watson-Stokes, Assistant District Attorney, Philadelphia District Attorney’s Office. Community members asked provocative questions of the panelists and the responses and interest in engagement from the panel evoked feelings of empowerment because knowledge is power. Additionally, the Barristers’ past presidents Thomas O. Fitzpatrick and Kevin V. Mincey received the Philadelphia Bar Foundation Pro Bono award on November 8, 2014. The Garden State Bar Association, under the leadership of John P. Khan, has engaged the African American Chamber of Commerce of New Jersey to enhance and financially empower African-American Lawyers and Legal professionals. Immediate past president Steve G. Hockaday was honored with the New Jersey State Bar Association’s Commission on Professionalism Professional Lawyer of the Year Award. They have sponsored a well-attended CLE on Estate Planning. On September 25, 2014 The National Bar Association – Women Lawyer’s Division, under the leadership of Myisha Lacey-Tilson and in conjunction with the Tucker Law Group, hosted a Leadership Reception honoring ABA President-Elect Paulette Brown. Additionally, the affiliate sponsored CLE on Election Law on October 11, 2014. On November 14, 2014, they also sponsored a CLE on Domestic Violence and Prosecution. In addition to these member benefits they are also involved in community outreach with donations of canned goods going to Covenant House and toiletries and other necessities going to teen moms at The Northern Home for Children.

In light of recently publicized incidents of police brutality, The Barristers’ Association of Philadelphia, under the leadership of Monique Myatt-Galloway, held a “Know Your Rights” Town Hall Meeting on October 21, 2014 at Bright Hope Baptist Church. The event was well-attended by the community at large and members of Tyesha C. Miley, Regional Director, Region III with contributions the local affiliate. The prestigious panel was moderated by our own from John P. Kahn and Myisha Lacey-Tilson. Cherri Gregg of CBS/KYW and the panelists were: Kelvyn Anderson, Executive Director, Philadelphia Police Advisory Commission; Deputy Police Commissioner Kevin Bethel, Philadelphia

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Walmart is proud to partner with the National Bar Association to promote excellence in the legal profession.

90th Annual Convention & Exhibits July 19 - 23, 2015 The Westin Bonaventure Hotel & Suites Los Angeles, California For more information, visit nationalbar.org