• Copyright © 2012 - 2024 - Mary Kay Elloian, M.B.A., J.D., Esq.
    The Legal Edition® is a Registered Trademark of Mary Kay Elloian, Esq. All Rights Reserved.

Post Roe: A Federal Solution in the Making…?

Will Women’s Healthcare Clinics on Federal Lands, be a Post-Roe Reality in 2022 and Beyond? Mary Kay Elloian, MBA, JD, Esq   [Subscribe to TheLegalEdition on Substack for more articles and information!] July 15, 2022 When doctors have to call their lawyers before giving care – we are in an…

Continue reading

Reconstructing the Reconstruction – the Aftermath of Slavery, and the Continuing Fight for Equal Justice

How Reconstruction was a new beginning for the formerly enslaved but the fight for equal justice had just begun – including the right to vote, be free of poll taxes, and the continuing struggle for women and notably black women to vote. Discussion of the Thirteenth Amendment abolishing slavery, Fifteenth Amendment allowing ‘men’ to vote – and the long awaited Nineteenth Amendment allowing ‘white’ Women to Vote – Culminating in the Voting Rights Act of 1965 taking away all impediments of voting to All Women and Men of Voting age and eliminating literacy tests and poll taxes to voting. Discussion of 19th century presidents who kept slaves during and while in office in the White House is also discussed.

Continue reading

Sexual Assault, Recent Judgments & #MeToo – Is America Moving Closer to Equal Rights for All?

Discussion on Sexual Assault, Recent Judgments & #MeToo – how the Legal System is all too often more friendly to the ‘alleged’ perpetrator than the victim. Attorney Murphy discusses cases she has been involved where Judge’s trample on the rights of victims, censoring the words they use to describe their assault, making it impossible to describe their ordeal. She describes real cases litigated, including against a judge who ordered the victim to not use ‘certain words’ to describe her brutal unrelenting rape. Clearly, judicial overreach to stifle a victim’s First Amendment Right to choose her words, her speech in a public forum – a court of law. Justice itself is bare if a victim can be ordered to only speak of her ordeal in palatable terms – and not describe what the perpetrator had actually done to her. It is axiomatic, that to get a just result – the ability of the victim to tell her story without judicial censorship and bias is critical for a jury to reach a just result.
A fascinating story that unfortunately, is not out of character with the US judicial system – treating women as second-class citizens, and elevating abusers, and minimizing the effect upon the victim.

Attorney Wendy Murphy. She is a former prosecutor now working as a “victim advocate” and “impact litigator” to assist abused women and children – bringing change to how the courts, legislators, and the public view violence against women and children. She has written numerous briefs in both federal and state courts on Sexual Assault, to violations of Civil & Constitutional Rights – taking place on College Campuses & in the Workplace. Many of her cases and issues are of first impression (never before litigated) in MA and around the nation. She is an adjunct professor of sexual violence law at New England Law – Boston, and often appears as a legal analyst for a variety of news outlets including CNN, PBS & Fox News.

Her book, And Justice for Some is a riveting compendium of insights as a prosecutor as well as a victim advocate – on how lawyers and judges let dangerous criminals go free.

Continue reading

Corporate Personhood: How Big Business, Money & Politics is Hijacking the Constitution (Extended Edition)

Discussion on how big money is eroding politics – and how corporate lobbying and the Congressional revolving door to lobbying is setting the stage to erode democracy even faster and more completely than ever before.

With the US Supreme Court 2010 ruling in Citizens United – equating money as speech – corporations are now poised to usurp the rights of individual citizens. Hear the facts that lead to today. Understand what needs to be done to save democracy, by learning what the founders envisioned – a government by and for the “people” – real people – not corporations masquerading as people.

How big money is changing the paradigm that big tobacco set in motion decades ago. See the parallels of “corporate personhood” then and now – and how the ruling in “Citizens United” equating money as speech – provides fodder for those who wish to subvert the Constitution for their own financial gain. Hear the facts leading up to today, to understand what needs to be done to restore democracy to what the founders envisioned.

Questions to be discussed: “How can corporations be considered “real” people?” “Do corporations share the same concerns as individuals?” “Are corporations using their newfound rights for the good of the ‘people’ or just themselves?”

If you are asking these questions, you are not alone, and you won’t want to miss: Corporate Personhood: How Big Business, Big Money & Politics is Hijacking the Constitution.

Guest: Attorney Shanna Cleveland – Former Sr. Counsel at ‘Free Speech for People’ an organization devoted to renewing our democracy.

Continue reading