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URGENT- ACTION NEEDED IMMEDIATELY
BY Jeep Driving Genius
Co Founder- ABORN
http://www.aborn.org
Class Action Lawsuits
Class Action Lawsuits With No Home Field Advantage
- Law and Judiciary 6/23/00 S 353
Placed on Senate Calendar!
This bill would allow a class action* case to be moved from a state court to a federal court if the defendant** and one plaintiff*** live in different states. The bill would help end plaintiffs from getting tricked into agreeing with questionable settlements that leave plaintiffs with little money and their lawyers with lots. The passage of this bill would move more cases to the federal courts, which already have too many cases. It would also put limits on how much attorneys can charge plaintiffs. It would also put a limit on how much they receive of the money awarded to plaintiffs. *class action - A search for a judicial remedy that one or more persons may undertake on behalf of themselves and all others in similar situations. Class action suits are common against manufacturers who have sold defective products that have later harmed significant numbers of people who were unaware that there was any danger.
I have just become aware of the fact that the Dave Thomas Foundation's Director Professor Kent Markus was nominated to the Sixth Circuit Court of Appeals. He must be confirmed by the United States Senate. I have also become aware of the fact that A Model Expedited Appellate Rule is another ongoing project of the Dave Thomas Foundation being orchestrated with the assistance of students provided by the Center, Ohio Supreme Court Justice Evelyn Stratton ( See more info on Justice Stratton by clicking here)has developed a proposed model expedited appellate rule( For general Information on Appellate law click here) The Center will be working with Justice Stratton ( for pic of Justice Straton click here) to distribute the model rule to courts across the country and to encourage them to adopt an expedited appeals rule
This is a VERY DANGEROUS COMBINATION of ACTIONS by the Dave Thomas Foundation which can severely impact the Adoptees rights movement and the Open Records movements. If Kent Marcus is appointed to the sixth circuit court of appeals four states will be affected by his appointment to this position of trust. Those states are Kentucky, Michigan, Ohio, and Tennessee. The Dave Thomas Foundations site gives absolutely no data whatsoever on what the MODEL EXPEDITED APPELLATE RULE they are proposing contains.
UPDATE THE DAVE THOMAS FOUNDATION HAS ADDED INFO ON THE EXPEDITED APPELLATE RULE
This combination of events could have a major impact on any adoptees, who choose to file petitions to unseal their records ,stating Constitutional issues, within the sixth district court of appeals jurisdiction. Their chances on appeal would be controlled by a Judge who has very strong ties to an organization whose Mission statement touts, , and I quote, "facilitate the adoption process".".
It is an apparent conflict of interest to have Kent Markus hear appeals on an Adoptees petitions to unseal their records at the federal appellate level court when he is currently the Director of the Dave Thomas Foundation on Adoption an agency created to FACILITATE ADOPTIONS.
PRESIDENT WILLIAM JEFFERSON CLINTON NOMINATED KENT MARKUS FOR THIS POSITION ON THE SIXTH DISTRICT COURT OF APPEALS AND HIS NOMINATION MUST BE APPROVED BY THE SENATE.
IT IS IMPORTANT THAT WE CONTACT ALL OF OUR SENATORS IMMEDIATELY TO MAKE THEM AWARE THAT KENT MARKUS SHOULD NOT BE APPROVED BY THE SENATE FOR THIS JUDGESHIP POSITION IN THE SIXTH CIRCUIT COURT OF APPEALS.
Also be sure to drop the President a fax, letter or e-mail concerning his nomination of Kent Markus and ask him to withdraw his nomination.
President@whitehouse.gov
The White House mailing address is:
1600 Pennsylvania Ave. Washington, D.C. 20500
Phone: (202) 456-1414
Fax: (202) 456-2461
Thank you in advance for taking the time to send mail, faxes and e mails to stave off this attempt to further erode the rights of adopted individuals.
Jeep Driving Genius
CONTACT INFORMATION FOR ALL SENATORS IS LOCATED HERE/CLICK
You can mail the above e mail address and request a
FREE JUDICIAL INDEPENDENCE BUTTON
Just include the capital letters above in the subject line and include an address that you want the pin mailed to.
Kent R. Markus Nominated:
U.S. Circuit Judge Sixth Circuit Current Position:
Visiting Assistant Professor Capital University Law School
Date Nominated: February 9, 2000
Current Address: Capital University Law School 303 East Broad Street Columbus, OH 43215-3201
614-236-6500 (Law School);
Fax 614-236-6970
Date Confirmed: _____
Ohio's Greatest Home Newspaper
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Law professor pushes for greater access to adoption records
Thursday, May 4, 2000
By Jodi Nirode
Dispatch Staff Reporter
It's time to shift the burden off adoptees and make biological parents prove why records shouldn't be released, a leading scholar on adoption said yesterday.
"Open adoption is said to be the new perfect solution to the perfect solution of yesterday,'' said Joan Hollinger, a law professor at the University of California-Berkeley.
Historically, people who have been adopted have had to show why records about their biological backgrounds should be opened.
In recent years, though, states have been moving toward granting both adoptees and birth parents more access to records.
Legislators now need to take the issue a step further and place the burden on biological parents, Hollinger said.
She thinks that biological parents should have to prove why birth records shouldn't be opened.
Hollinger made the proposal yesterday at a symposium on adoption that continues today at the Columbus Athenaeum, 32 N. 4th St.
The gathering of about 200 people -- mostly social workers, lawyers and youth advocates -- is being sponsored by the Dave Thomas Center for Adoption Law.
The 2-year-old nonprofit center, part of Capital University Law School, is the only place in the nation that uses research, education and legislation to improve the adoption process.
The center was started by the Dave Thomas Foundation for Adoption.
Thomas, who was adopted, is founder of Wendy's International, based in Dublin.
Hollinger's views were sometimes countered by fellow panelists Wadie Thomas, a Juvenile Court judge from Nebraska, and Steve Christian of Denver, who tracks adoption legislation for lawmakers.
For legislators to consider Hollinger's recommendations, advocates need to better articulate why there is a need for change, Christian said.
There has been much concern that access to such records would cause an increase in abortions and undue pain for both adoptive and birth parents, he said.
But those thoughts were quickly shot down by some of those in attendance.
In Kansas, birth information has been available to adoptees for 25 years, one attendee said.
"And I haven't heard of one single problem that it's caused,'' said Alan Hazelett, president of the American Academy of Adoption Attorneys.
In addition, abortion rates in Alaska and Kansas, where adoptees have unconditional access to birth records, are lower than average, said Janice Goldwater, owner of a private adoption agency in Baltimore, Md.
Alaska and Kansas have abortion rates of 14.6 per 1,000 women and 18.9 women per 1,000 women, respectively. The national abortion rate is about 22.9 per 1,000 women, she said.
Anne Cauman, a mother who gave her child up for adoption years ago, said too often people assume that birth mothers don't want such information to become public.
"That's absurd. All the birth mothers I know want it,'' she said. "The main problem birth mothers see with access laws are them not getting access to find the identity of their adult children.''
While debate over access continues, states are slowly expanding parental rights.
For example, birth parents are gaining more control of who their child's adoptive parents will be, Hollinger said.
And in the past five to 10 years, states have been enacting laws that make post- adoption agreements, which spell out how things will be handled after adoption, binding, Hollinger said.
Without a specific law, such agreements typically are not binding.
Ohio is one such state in which agreements still aren't binding, Wadie Thomas said.
The trend nationally, though, is definitely toward more access, Hollinger said.
A bill already passed by the Alabama House and pending in the state Senate would give adoptees unconditional access to their records, Christian said.
Similar bills are pending in the legislatures of other states, including Missouri and New York.
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