Monday, May 7, 2007
Monday, April 30, 2007
okay this is an old news story
71 Millions!!! dollars is federal money unaccounted for in the NOLA schools BEFORE Katrina.
Someone on paid leave for 35 years. omg.
Some years parents had to send toilet paper to school with their kids since the schools didn't have any.
http://www.pbs.org/newshour/bb/education/july-dec05/neworleans_11-01.html#
Worker's Rights Video
Sunday, April 29, 2007
We turned down aid.
Although this doesn't come as a surprise to any of us, this is a news story about the amount of aid that the US was offered post-Hurricane Katrina, and how much of it was declined or not collected. I was really struck by the statement that the US declined 54 out of 77 recorded offers of assistance from its 3 closest allies-Britain, Canada and Israel.
US used tiny part of aid sent after hurricane Katrina.
Thursday, April 26, 2007
Research Project Reflections
After looking into my research area (police actions during Hurricane Katrina), I realized that there were several important factors to take into account when a Natural Disaster is clearly insight. First, the general welfare of the people must be taken into account as the primary goal. That is when preventative measures are utilized by local, state and national governments, people are first, not property preservation. Second, general citizens are not the population of disaster victims taking advantage of property theft. Rather, in areas like New Orleans where the police are notorious for corruption, it is the local police that take advantage of natural disasters by property theft. Third, property loss should be the last worry to law enforcement. Rather, law enforcement ought to prevent trauma by saving lives through immediate rescue. This is particularly important when the government, as in Hurricane Katrina, knew that a catostrophic event was likley to occur and tens of thousands would suffer.
In sum, the government, in the height of the information age, ought to be better prepared to ease the harms caused from major natural disasters.
Wednesday, April 4, 2007
Better Late than Never
My daily routine has been thus far: walk in, take in the incredible view, grab a bottle of water, and read the cases I've been working on. It has been a privilege to work with the Succession project with the Pro Bono Project which entails following the succession line of property from a descedent. The complicated part of this process is figuring out the Napoleanic Laws of succession (commonly reffered to as Wills and Estates). By being able to prove who legally owns a particular property (according to LA law) has provided some of the clients with the opportunity to receive aid from the Road Home Project.
Monday, April 2, 2007
Sucession and Beyond
After completing the succession work with the Pro Bono project and speaking directly with those who had been affected, I was much more resolute in my decision to give back to the community now and after law school. Possibly, had the level of concern regarding the citizens had been as heightened as it is present-day, the injuries may not have been so severe. It's as if the residents are just throw-aways--most of them being of color, of seniority status, poor, or a combination of the above.
It was difficult to see that class and wealth continue to drive the shaping of the community. Nevermind that the crux of New Orleans culture was shaped by the poor and brown people. Nevermind that those same people have been the bread and butter of the working class. Nevermind that those same people long to rebuild New Orleans and return it to the place it once was.
I continue to help. Some of the friends that I met while there have called and requested my help. My heart couldn't say no. I just pray that other hearts feel the same.
Wednesday, March 28, 2007
Rethinking Succession
But as I reflect on what we did, I feel that it was no more than a finger in the dyke. (Perhaps this is a poor analogy in New Orleans.)
The Pro Bono Project has over 27,000 files of cases requiring succession. Each week more come in. Only recently have they begun to see weeks where the cases completed exceed the number of new cases. (Net reduction of cases.) If there are 27,000 cases waiting to be completed and filed with the court, one can presume that because of the complexity of the documents required there are many more cases where people have given up and not sought help. Remember without succession to the current “owner”, the current "owner" cannot get Road Home Funds or even legally cash the insurance check if it is made out to someone else (usually a parent).
Let us consider the 27,000 cases and for this too real hypothetical, let us presume that there are no additional cases and that 50 cases are completed each week. This means that it will take 540 weeks or ten years to complete these cases. Ten years is a long time. It is long enough for another hurricane. I do not know how long the Road Home Program will be accepting applications. But I do know that New Orleans will not tolerate empty unrepaired buildings for ten years! In the last few months the city has begun to bulldoze those Ward 9 houses that have not yet had the mold removed. On one level it is a race between the homeowner repairing the property and the city removing the house. Thus what our class did will help a few people, while the system crumbles. I believe that what is required is that we consider systemic change to deal with the issue.
Under the Road Home program the home owner can either repair the house with Federal Funds, trade them home in for funds to purchase another home in Louisiana or sell the current damaged home to the State for 60% of the pre-Katrina value. Either route requires a deed which in at least 27,000 cases will require succession.
Obviously succession is a serious bottleneck. The Road Home program only anticipates that there are 123,000 eligible houses. Based on the number of applications that they have already received, this seems like an undercounting. If the files the Pro Bono Project is working on are the total homeowners with “clouded” titles then at least one out of five of the eligible homes requires action to produce a clear deed. The figure also is probably much higher. The Louisiana Authority’s report on the Road Home Housing Programs Action Plan Amendment for Disaster Recover Funds refers to the problem of “blight caused by abandoned homes” and “clouded land titles.”
I believe that in this time of emergency new ways of clearing title must be developed. When a property is inherited intestate in Louisiana, rights to the property must be renounced by all who are eligible to inherit in order to give the person seeking “ownership” of the house clear title. While usually a family knows who the house belongs to the other members of the family need to surrender title. What if there are children by a previous marriage that under Louisiana law must be found and renounce title? The burden of locating other claimants to the property is on the individual wanting the succession and title to the property. This takes time and is cumbersome. Too much time is taken getting people to renounce title and finding other people who can prove the death of relatives. Often we are talking about getting title for people who have been living in the house for years and paying property tax for years and have been receiving the reduced homeowners tax rate. Their relationship with the tax office is as an owner of the property.
What if we shifted the burden for succession? A Temporary “Order of Possession” for “owner-occupied” property (not for other personal property) could be given to anyone who had a homeowners tax allowance prior to Katrina. Following Katrina, as an emergency measure, the tax assessment is already permitted as a substitute for the property assessment normally required as part of the information for succession. The burden to challenge the succession would be shifted to anyone else who claimed the property. Based on the “temporary deed” the Road Home program and other similar programs would be able to pay for the repair of the house. If another person claimed the property, the court in the succession challenge would treat the Road Home payment as a lien which would transfer to the new owner. (A person not occupying the property before Katrina would not be entitled to Road Home money). During the five years of the temporary “Order of Possession” the “owner-occupant” would not be allowed to sell the property without a normal motion of succession and a judicial Order of Possession. If no challenge is made to the temporary Order of Possession in five years then a permanent order could be issued.
One difficulty with this proposal is that it will be hard to get people to remember to go to claim their unclouded title five years after receiving the temporary order of possession. The easiest method would be for the city to automatically issue the deeds five years after the “temporary orders of possession.”
This would be a temporary program, covering only people who had a homeowner’s tax credit at the time that Katrina struck. If it became a permanent feature of the system, the city would be likely to require greater evidence of ownership than a utility bill before granting the exemption. This would lock out too many people from the benefits of the homeowner’s tax credit.
There will be those who for one reason or another did not apply for a homeowners tax credit. They will still have to use the traditional succession route. Those who have inherited their home following Katrina deaths will also have to use the traditional route. But if this possession by tax record could rapidly return 75% of those who filed for succession to their homes, the workload would become manageable. (This percentage is just speculative, and would have to be tested). Additionally some who have not applied for succession might find this requirement simple enough to manage. At a time that the people worst hit simply do not have the records that are asked of them, getting tax information is something that the New Orleans diaspora might be able to readily do.
While not everyone would be covered, one would hope that more rapidly renewing neighborhoods would achieve the critical mass that would restore them as communities.
This is not a polished proposal. However, it seems to me that we have to start thinking somewhere about structural change and this is a rather minimal change. Without such a program even with good volunteer efforts of the type our class provided, the majority of those with succession problems are at risk of seeing their houses raised before the succession problems can be resolved.
Tuesday, March 27, 2007
Now that's just crazy talk
But I have other ideas. JazzFest is coming up, April 27-29th and May 4-6. With performers like Norah Jones, Harry Connick Jr., Counting Crows, John Mayer and John Legend, I am so tempted to get in my car and hit the road. I am not even going to ask for volunteers to come with me, because I know that some of you just might say yes.
The most promising option is to head to the Big Easy post bar exam. I checked out the Common Ground website, and they seem to facilitate groups. And of course we have our connection with William and Miles etc. If any of you are interested in a return adventure, just let me know!
Saturday, March 24, 2007
GREAT QUOTE
This quote is short, deep and powerful.
We are "social engineers".
HEADLINES
The headlines read...
“DISPLACEMENT ISSUES”
“DIFFICULT TO MANAGE”
“FEWER PSYCHIATRIC BEDS”
“TOO FEW PHYCHOLOGIST”
“MENTAL HEALTH CARE IN CRISIS”
“DOMESTIC VIOLENCE DEPRESSION REQUIRES CARE AND NOT PRISON”
“COUNSELING”
“LACK OF EMERGENCY ROOMS”
“CRAMPED FEMA TRAILERS”
“NOWHERE TO TURN CHARITY HOSPITAL “
"After Katrina, New Orleans has more stressed out people, fewer psychiatrists and almost no hospital beds for the mentally ill... no substantial relief is in sight"
Reading these headlines alone was overwhelming.
I came across this dusty, crumpled up March 6, 2007 issue of the “Gambit Weekly” again today, and was reminded of the horrible struggle that the desperate New Orleans citizens are facing and will continue to face for several years to come. I began to wonder if being home for a couple of weeks and getting ready for graduation had overshadowed my memories of the people of New Orleans.
Is this what’s going on everywhere else in the Country?
Maybe many Americans have chosen to forget about Katrina victims in New Orleans because the guilt of not contributing has been unbearable for them and its just easier to forget about it all together.
I had totally forgotten about this crumpled up issue of the “Gambit Weekly” in the corner of my room and the confusing emotions I felt when I first read the troubling headlines?
How easy it is to forget...until it happens to you...
Aid to Cuba?
Castro confirms Cuba will let U.S. aid team visit
President unexpectedly accepts offer to assess hurricane damage
Associated Press
Updated: 8:52 a.m. ET Oct 31, 2005
But during a Thursday night television appearance, he made it clear that his idea in letting them visit was to discuss ways to improve disaster assistance among countries in the region.
“
“It shares, however, the point of view” that countries in the region should “provide each other with mutual assistance in situations of disaster.”
Rare show of cooperation
The State Department had announced earlier Thursday that
Waist-deep water coursed through the streets of
According to the State Department’s
The display of U.S.-Cuban cooperation was not expected to produce any easing in the friction between the two countries. The official
'Respectful' letter
Nevertheless, the Cuban leader seemed impressed by what he considered to be the “respectful” tone of the letter offering assistance sent by the new chief of the U.S. Interests Section in Washington, Michael Parmly.
Castro had a particularly contentious relationship with Parmly’s predecessor, James Cason, who he once characterized as a “bully.”
After Hurricane Dennis pummeled the island in July, Castro expressed gratitude for
It is not unusual for the
It was unclear when the three
© 2006 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Sunday, March 18, 2007
nagin
article from the washington post about nagins comments to "a room full of black newspaper publishers and editors at the Capital Hilton." its hard for me to take nagin seriously, considering he did not visit the superdome once during the storm. and further would not participate in the little planning during the storm that was taking place in city hall, because he felt it was unsafe. it was unsafe for nagin, but not unsafe for those attempting to take action to deal with the chaos.
So What Did You Do Over Spring Break?
Since returning a week ago, I have had several opportunities to discuss our trip to
Vindicating the Military
During our first week of class we were asked why we were compelled to register for the Katrina and Beyond course. At the time I said that during my years in the military I had participated in relief efforts for two previous hurricanes and that I didn’t see the same level of support following Katrina. Therefore, one of the most surprising aspects of my trip to
Friday, March 16, 2007
reconstruction watch
The blog can be found here: http://southernstudies.org/gulfwatch/
Wednesday, March 14, 2007
d.c. got luv for ya...
in many ways, the spirit of new orleans is much like the spirit of dc. the black/white social dichotomies, the live music scene, the french cityscape placed neatly on a river, the ferver of city politics....
the city of d.c. is continuing to show that it has a lotta luv to give to new orleans. i was pleased to see that my city can give of itself to those in need....
The Highlight
Without discounting the incredible and interesting work of the Immigrant Rights group, the issue of day laborers is not a new one. Though New Orleans now experiences an expansive and serious increase in day laborer issues, which, no doubt, was exacerbated by the devastation of Katrina, the day laborers are not themselves a byproduct of Katrina. Many States have seen this issue before and established organizers from across the country have joined to remedy the problem in Louisiana. I do not mean to be misconstrued as claiming that our efforts should not have been expended on the serious issue plaguing workers who are prayed on by contractors, but I do believe that Katrina created a whole new population of people whose lives were directly torn apart by Katrina who are not receiving adequate representation by any elected official or organization established to handle their problems. These were the people I hoped to help, and with St. Bernard's Parish project and my fabulous team members for the day we were able to contribute to rebuilding a home and life that suffered direct and serious trauma.
The endless ended opportunity
Soon, the economic vitality will increase. The overall concern is that in when a fluid economic opportunity exist, as seen throughout history, people at the bottom of the well, those less educated and those ignorant to the customs of society or law lose equal opportunity to the wealth. Hence, disparities are rampant yet criminal as violations of human rights. The corporate and privatized structure that has engulfed New Orleans has and will continue to keep migrant and poor workers in deep dependency on local governments that want to criminalize those who are rebuilding infrastructure.
The Louisiana legislature must address the economic needs of the residents, document, and undocumented, to create law that is specific to disaster law. The legislature should be creative and draw from other nation that have areas susceptible or have gone through natural disaster on a grand scale.
The legislation must change law that allows migrant undocumented persons legal rights such as specific employment rights tailored to undocumented workers, voting rights, housing subsidies, criminal immunity to past loitering crimes that stemmed from searching for work.
Lost in the System
On August 20, 2005, just four days prior to Katrina's arrival to the Gulf Coast, a young man in his early twenties was arrested for simple possession of marijuana (Possession of Marijuana First Offense). The maximum penalty for simple possession of marijuana is one year in prison and a $500.00 fine. However, this young man did not have his day in court until Wednesday, March 7, 2007. On that date, attorney Michael Kennedy submitted a Motion to Quash the Bill of Information which was granted. This young man ended up serving 18 months before he saw a judge for the first time. Eighteen months before speaking to an attorney for the first time.
Mr. Kennedy exlained that these cases of "lost prisoners" have been common post-katrina. After the Orleans Parish Prison flooded, most inmates were transported to prisons all over the southeast United States. Prisoners were sent to Alabama, Mississipi, Georgia, etc. Many of these prisoners were not properly booked and entered into the appropriate databases and thus have been "lost in the system."
So, after all this one would think that the judge would at least offer an apology on behalf of the state and that the prosecutor would do the same. This was not the case. The judge in this case simply granted the motion to quash and dismissed the case. No apology. This is the harsh reality that hundres of "lost prisoners" are facing.
Tuesday, March 13, 2007
St. Bernard Project
I really had no idea what to expect when we came down to St. Bernard to help rehab a house. We first met up with Zack Rosenburg (Pic on left) at the St. Bernard Project's Office. He is one of the founding members of the project as well as a criminal defense attorney in DC. This office lends out tools to the community; serves as a community center where residents (most who live in FEMA trailers) can go online, make long distance phone calls, and send and receive faxes. Our job that day was to put fiberglass insulation inside a very nice home that has been completely gutted, and re-roofed. The owner of this house had lots of personal traedy since Katrina. The Project's goal was to give the owner some sense of normalcy by giving her a home to live in. Working on this house was one of the most rewarding experiences I had throughout my time in N.O. This link takes you to a photo album that shows our progress that day.
Imagine ("Black 9/11")
I have, time and time again, heard people using this phrase to refer to the chaotic devastation that befell the various neighborhoods and communities within Louisiana. I agree with the connotation, but only to a point. I was in New York when the Twin Towers were dilapidated by terrorists. September 11, 2001 in New York was unbelievable and unexpected (or was it?) My personal opinion after visiting New Orleans is that the magnitude of destruction brought about by Hurricane Katrina cannot be quantified or even verbalized. I can only try to articulate the plethora of emotions swirling around in my head.
Hurricane Katrina brought complete decimation to boundless amounts of neighborhoods, communities, schools, hospitals and families. There is no equating the disastrous event and its aftermath but try to imagine the four quadrants of Washington, D.C. being flooded or devastated by some other terrible offspring of Mother Nature. Imagine Northeast, Southeast and Southwest quadrants completely immersed in about 8 or 9 feet of water because it was built below sea level on deteriorating wetlands. Question. Would the Engineers of the Army Corps. have negligently erected a levee within our nation’s capitol?
Imagine having 8 seconds to rush to your attic in a panicked attempt to saw or axe your way through your roof in order for you to not be drowned in your own home. Imagine the Northwest quadrant surviving the flood because it was built above sea level unlike the previous quadrants. Imagine being born and bred having your family legacy rooted in New Orleans and having to relocate to Texas (of all places) or some other state where you have to make new neighbors, forge new friendships, trust new people, forget about ever going back to your home because it was uprooted and washed away.
Let Us Work Together
The workers rights group and the entire class met with some amazing people last week. Here are some photos of the workers rights group as we started off the week meeting with Javier Gallardo, an organizer in the latino day-laborer community, and two lawyers with an eye on community organizing: Tracie Washington and Melissa Crowe.
I am happy to have been a part of the workers rights group because of its involvement with community organizers/organizations. It’s often difficult for me as a student attorney in our school’s clinics, and foreseeing my future as a lawyer, to assist clients with individual cases. It’s frustrating because, while I’m helping someone with a discrete problem, their issue is ultimately a systemic problem. That client could face the same problem again, and there will be no end to others experiencing the same issue. Additionally, the power dynamics are uncomfortable – I have unique knowledge, skills, and some level of authority as a law student/lawyer that others need to rely on me for. I enjoy using those skills to help others, but without accompanying empowerment, without mutual assistance and learning, the system is perpetuated so that, again, I will eternally have clients. Boon for us lawyers, huh?
I definitely recognize the strength that having a lawyer or filing a lawsuit gives you. And the courts are essential for enforcement of citizen’s rights and obtaining compensation. But if we want to talk about rebuilding an entire city, not only will individual cases get us nowhere anytime soon, but they can also distract us from addressing larger changes. I enjoyed meeting with lawyers who recognize the comprehensive, holistic change that New Orleans is in need of, and who are working hard to find their place in that.
I believe the work our group did is an example of lawyering as a part of community organizing, or community organizing utilizing lawyering. We provided our knowledge and skills, in the time that we had, on a project that was determined for us by a community group, to provide recommendations, first, but ultimately tools for others to use. Workers will hopefully be able to use those tools to enforce their right to payment – which will also hopefully empower the workers to collectively demand more from employers … and perhaps in the end get more involved with each other and give back to the group. And empower others, and so forth and so on.
Monday, March 12, 2007
Green Vegetable Matter
While it would be difficult to make definitive statements from our brief and limited engagement with the criminal justice system, our observations raised many questions. I don’t know what the demographics of Orleans Parish is, but as I looked around the court room I could not help but notice that it was filled with young black men. Without getting into a discussion of the drug laws in N.O.L.A., the entire process seemed to be counter productive to the needs of the city and its citizens.
None of the defendants had been charged with possession of an amount of Marijuana that would lead one to believe that they had intent to distribute. In fact, most of the defendant were caught with only enough “green vegetable matter” to roll a “Marijuana cigar” (A.K.A. a blunt). For a city that needs to see its citizenry grow and its infrastructure rebuilt, locking up the youth and or fining them out of what little money they earn, does little to improve the conditions of the city or the hope of the people.
Friday, March 9, 2007
The powers to be, those in political office, ceo’s, ect. enjoy watching those who have less of an opportunity fight each other over the bread crumbs that fall from their table. They enjoy watching use divide upon racial and ethnic lines rather than address issues as a whole, such as the fact that both the inner cities and rural areas have inappropriate education institutions. It is by no mistake that only two senators have children in the armed forces. It is by no mistake that upwards of 70% those who have perished in the wars in Afghanistan and Iraq are the rural poor. The recruiters only concentrate on the inner city, or rural schools, leaving those without resources to take the so called opportunity to be the best that they can be and end up dieing in their attempting to attain the so called American dream. If we build a coalition across racial lines, affording the opportunity for a bigger voice, maybe power in numbers would have a positive affect. To be honest, why not try-nothing to lose.
Continue to divide upon racial lines- nothing will be addressed. So as we leave New Orleans lets rid our desire to build groups on the basis of color and build a coalition that includes every race/ethnicity that have little opportunity. As those who worked in the construction department today will vouch, the community that was devastated was predominantly Caucasian and Hispanic. Those affected by the devastation in the lower 9th were predominantly of the African American community. Neither are restored. Neither community has acceptable standards of living, all while the war in Iraq bills out 400 billion dollars (which by the way we are borrow from China, the country America was attempted to craft as the “evil other” before “terrorist”) All were affected. The devastation, and lack of proper recovery efforts, has affected all, not just A, B, or C.
While race is a significant factor in the states, it is long overdue to modernize the civil rights movement (remember folks civil rights is nothing more than civilian rights, our rights) and build coalitions across racial communities and address the issue as a class. While those with economic resources were affected by the storm; as we saw first hand with their boats sitting in the middle of the park-they have already been paid by their insurance companies. But clients without the financial resources are still fighting for their insurance check. If we continue to divide upon racial/ethnic lines we will once again come to New Orleans and see the destruction this time not 18 months after the storm but 36 months, then 54 months. I would like to see those without opportunity no matter what race stop fighting eachother over the crumbs from the tables of the Clintons, or the Bush’s. I thought we left the peasant villages outside the castle back in the 16th century.
"Those people"
When referring to groups of marginalized people, and any peoples for that matter, we need to make a more conscious effort in using respectful inclusive terms. What goes around comes around; one day we, ourselves, may be “those people.”
Tranforming the Culture of New Orleans
We have heard about the need to preserve the New Orleans culture. Many people talk about the music and the festival life of the city. The arts are an important part of culture. But for me, the core of the culture of a city is linked to the social systems of a city. Without a great school system and a commitment to social justice the culture of a city is deeply scarred. And I cannot find that much to preserve in this city.
This is not to say that it cannot be an exciting time, because there is now an ability to rebuild anew. The issue will be what values are brought to the table and whose voices will be heard? Will it be the best of times or the worst of times?
As visitors we have the challenge of not adopting the “Plantation mentality.” Hotel wages here are significantly less than what they are at home (D,C.) I urge you to make an effort to leave a tip for the housekeeping staff. Remember when you are out eating and marveling about the inexpensive restaurant prices that this is a reflection of a low wage base.
Thursday, March 8, 2007
Succession Work
Bus Tour - First Impressions
Exhaustion
One one hand, it's easy to become overwhelmed by the scope of the suffering in this town. I have caught myself a few times just staring off into space as my mind attempts to get a handle on what really happened here. It's really hard to comprehend a statement like “Eighty percent of the city flooded.” Or to try and grasp the fact that 26,000 Successions need to be opened.
On the other hand, however, the only way progress is going to be made on any front here is for people to focus on the minutia. Do the task at hand and keep plugging away and maybe one day look up to find that things have improved. Because the entirety of the mess here is enough to make me want to throw my hands up in total abject resignation.
But the danger in that attitude is fairly apparent. As people insulate themselves from the larger crises in the region, simply to survive, they tend to lose perspective on the larger issues of change and progress that desperately need to be addressed.
Immediately after the storm, those of us who lived here at the time hoped with all our being that this destruction would give rise to a rebirth. An opportunity to correct the dangerous course this city had been on for decades.
Unfortunately, this renaissance has yet to come to be, even eighteen months after the storm. When I catch up with old friends who live here now, the question that is on everyone's lips is “Why?” Why haven't we made good on this opportunity. Why isn't the city thriving in a boom economy where massive construction projects supplement the returning tourism industry? Why are any plans for reformation fractured around neighborhoods and sometimes even individual homes?
The most compelling possible argument I've heard since we came down was that the people who are leading this city are not just normal politicians and administrators with a stable homelife. They are rebuilding their own homes in the evenings and on weekends. They have been through the same grinder as everyone who lived in New Orleans before the storm and is fortunate enough to be able to return. In many ways, everyday life here is very similar to combat duty. People work all day to make enough money to go home and work until they drop from exhaustion. And most of these people have been doing this for more than a year.
It's easy to see the flaws in the progress of the city. And the trauma suffered here will continue to affect the progress of this city for years to come in many different ways. But the fact that the people in charge are trying not just to rebuild a city but rebuild their own homes and lives will mean that a “Me first” attitude will predominate here for the foreseeable future.
One Man - No Land
My reaction to this experience is mixed. On the one hand I believe that there is good reason for Civil Codes and laws and that in order for the courts, attorneys, etc. to have consistent outcomes this is necessary. However, on the other hand these same laws can cause injustice for many. This is what I believe the situation here is. The neighbor/friend lived on the same block as the property owner (decedent) and they were friends for 40 something years. ( I know this because Will, Matt, John, and I went to see the client to pick up a copy of the property deed and he was more than willing to answer any of the questions we had about his experiences in New Orleans prior/during/and after Katrina.) I would have to say that this personal interaction with the client was definately the highlight of the work for me. The other side of this experience in talking to him however was that naturally you seem to care more about people (or at least I do) when I have an actual interaction with them and can put a face/story to the case file. In LA there are two types of recognized wills (olagraphic - which means hand written) and notarial (typed or a form will that must be notarized). To me it is ridiculous that the handwritten will is acceptable but a typed will signed by 2 witnesses but not notarized is not. I have an issue with a handwritten will being acceptable but one that is not notarized not being. The decedent went to an attorney and did everything he thought he was suppose to but obviously the ball was dropped along the way. There is a small possbility that the firm has the original and it is notarized, but this does not look good. I thought this could be the case if by some strange chance the will was executed and then later notarized, even though legally this is not the way it is suppose to happen (people have been knwn to take an occasional shortcut to make a few dollars). So basically because of someones (lawyers) mistake or lack of legal knowledge on the part of the decedent and the legatee the decedents wishes won't be carried out and his friend who is expecting to have the property is out of luck.
I know it has been discussed in class, but a simple form will could have prevented the approaching dissapointment for the legatee. This type form would be ideal for people who all they own in life really worth anything is their home. In this case if the property escheats to the state then the decedent and his brother and father will have spent how ever many years working to own property only for it to belong to the state in the end. Just too unfortunate.
A different quarter
obstruction
it seems that the city (and the nation) is attempting install a different kind of city, where residents of the worst-hit areas are systemically excluded from the natural process of picking up and rebuilding. rather they are obstructed by local and even national groups and law enforcement, often times for no apparent reason.
Courthouse Compassion
During our time at the Public Defender’s office, most of the people with cases are not in prison and sit in the body of the courthouse in street clothes. They are a stark contrast to the people who have cases but have been staying in Parish Prison. They sit in a small area of benches separated from everyone else, referred to as “the box” and are brought out in handcuffs, ankle cuffs and chains. There is something particularly horrifying about seeing another human being deprived of movement --- no matter what they have been charged with.
They separate the women and the men in the box, and the deputy sits on the bench between them. Two women were sitting close together, chatting occasionally. I had to go over a court form with one woman, and sat down next to her to read it to her line by line. I tried to read as slowly as I could, and stopped to see if she had questions or if there was anything I could make clearer but noticed that her eyes seemed to get bigger as I talked, and she shifted to the extent that she could, uncomfortably. She turned to the woman sitting next to her, and asked for her to explain what I was reading to her and her seat mate proceeded to help me go through the form with her, comforting her to the extent she could with cuffs on.
I though about this moment last night, when Bill Quigley encouraged us to be open to hope and love, and told us about the courage and compassion he had witnessed and wanted to share this moment that I am grateful to have witnessed, and reminded me that as much as we have been confronted with the extent of human failing in the last week, the moments of compassion and love exchanged are incalculable.
Tuesday, March 6, 2007
"My idiot friend..."
As Tom and I were riding the elevators in the office tower, we rode along with a toner delivery guy. I asked if he had lived here all his life, and he told us that indeed he did. "I have lived here for 50 years, in the same house for 48." I asked if he moved as a result of the Hurricane, and indeed he did. I learned that his house was right near the 17th Street levee that failed, so his house was one of the first to go. He told us that he had friends that lived right next to the breach, one guy was sleeping on the couch with his arm hanging off the edge. He felt the water on his fingers, which woke him up-he only had time to grab his keys, his wallet, and his cigarettes before he had to flee. The water rose so quickly, and he had to climb out a window and use a telephone wire to get to the neighbors roof where he waited to be rescued.
He also spoke about his "idiot friend" who spent 3 days up in his attic. Those were the hottest days of the year he informed us. He then began to laugh as he spoke about his pal, who was stuck in the attic because he didn't want to cut a hole in his roof. "The rest of his house was trashed," he said, "but the guy didn't want to damage his roof." We thanked him for his time and telling us his story, and wished him well.
Later on in the evening, I had another interesting discussion with the pizza delivery guy. He was living in a basement apartment in Uptown, and he lost everything. There was 7 feet of water in his place, and he parked up truck in what they were calling the "neutral zone," but it too flooded out. He was very angry, and blamed the governor for many of the problems. He was disgusted with the Road Home program, and said that he thought the governor should "fire them" or something. He was not happy with Mayor Nagin, and proudly said that he didn't vote for him. I was surprised that he did not feel more contempt for the federal government, although he did mention FEMA and stated that they didn't help very much.
I was struck by how appreciative this man was, he thanked me over and over again for coming down here, and helping people, and supporting the local economy. He shook my had several times and asked me my name. It was incredible to feel so welcomed and useful from a man whom I am not even helping directly. It's moments like these that really make me feel like my time here is accomplishing something, even if it is to make the pizza guy feel like people out there are listening and caring.
A dog named Mojo
can you spell gentrification?
This 18 month later New Orleans that I will take as my image of the City is probably not going to last. Something seems to be in the works here, something scheming perhaps. There is so much distrust throughout the City, even if the intentions are somehow good, they will not be looked at as such. The folks here have been wrecked, and no amount of government money or presidential promises is going to put them back together. They seem to have replaced fear with hate, and those who have hated long enough seem to just be dispondent. To say that it is disheartening would be an offensive understatement. This city is f*cked, and I can't imagine any assitance that would restore her sweet virginity.
rebirth
heres the website
http://www.rebirthbrassband.com/
The plight on New Orleans
The shear magnitude of destruction is more then I can imagine. When we were on the tour, I kept asking myself when is the destruction going to end. Even though I have never seen a nuclear disaster zone, I would imagine it would look similar to this. Here is a link to a slide show of some of the pictures I took during the tour.
Hitting home
Monday, March 5, 2007
Beads Grow On Trees
Remnants of destruction sprinkled throughout the city paved the way to our final destination. But, St. Charles Street's lined trees welcomed us in grandeur with beads of purple and gold mimicking ripened fruit amongst leaves--For it is beads that this city is certainly not lacking. They are hanging from trees, lining the streets, and falling like rain from up above.
And just like the vibrant beads of New Orleans, so are the those merrily dancing on the street of Bourbon.
With lights flashing here and there and establishments inviting for an innocent drink it is not hard to soak in the atmosphere and dance right along with the crowd.
And just as soon as I entered this lively atmosphere, I find myself alone on solemn streets. Here it is silent, with gas lit laterns reminiscent of old European flair--two worlds separated by crossroads. And i'm left with the thought...
If beads can grow on trees then that leaves hope for many more possibilities; here in this city called New Orleans.
My First Day of Succession Work
When we arrived at the Jones Walker law firm, they had a conference room set up for us and they had reserved work areas in the law library. After getting settled in, one of the firm’s employees provided all of the necessary support to get access to the internet and power to our laptops.
I had been assigned three clients, so I just jumped in and started reviewing their files. After reviewing the documents that were available, it was apparent that the best way for me to proceed would be to first construct a family tree. Some of the clients had provided a prior version of a Judgment of Possession for the property in question, so that gave me a good starting point. From there I would use any of the documents available to me including intake sheets, death certificates and meeting notes to add as much detail as possible. In conjunction with developing the family tree, I wrote up a list of questions that I needed to ask the client in order to fill in the blanks.
My next step was to fill out the Succession Questionnaire and once again, the required information came from a variety of sources. In addition to the documents in the client’s file, we used several internet resources to try and find information related to our clients’ succession claims. These web sites included the tax assessor’s office for Jefferson Parish and the Obituary Pages and Death Records databases in Westlaw. Based on the information required for the Succession Questionnaire, I continued to develop a more extensive of list of questions for my clients.
I then attempted to contact each of my clients to introduce myself and explain what my role would for the next few days. I had to leave voicemail messages for two of them, but I was able to speak to the third. Based on my review of his file, I told him what documents were still needed and asked him the series of questions that I had prepared related to his case. Since he did not have all of the information at his immediate disposal, we scheduled a face-to-face meeting for Wednesday afternoon.Overall, it was a very productive and rewarding day of work. At first it was a bit overwhelming because some of the files didn’t contain a great deal of information or provide a logical starting point. After getting a handle on things, however, the pieces started to fall into place and I’m very much looking forward to the rest of the week. I truly believe we can provide a tremendous service to these people during our brief stay in
Working 9 to 5
After a slightly harrowing drive downtown, we arrived at a huge office tower, and took 2 elevators up to the 51st floor. We were shown to the conference room on the 52nd floor that would become our home for the next 4 days, and much to our delight, there was an ample supply of cold sodas, water, and coffee. Most spectacular however was the views of the city. From our room we could see the Mississippi River, and watch the ships go by.


From the library across the hallway, we could see the city, and all of the things we saw on our bus tour, including the still-closed Hyatt, the Superdome, and Lake Ponchartrain.


With regards to legal work, I spent the day getting cosy with one of my files and trying to figure out who has a property interest in a certain piece of land. Just when I thought my work was cut and dry, I discovered a second piece of property, so more investigation is in order. A more detailed blog to follow later in the week.
New Orleans, a victim of Contractor fraud.
The news report also included a blurb about the many volunteer’s coming down on Spring break working with organizations around town to gut out people’s homes. The number for victims to call to have their house gutted out for free is 311 – on a first come, first serve basis. Also, www.Wdsu.com is a good resource.
It’s exciting to be here, and an honor to be a part of the student movement helping to bring normality to people’s lives here in New Orleans.
Sunday, March 4, 2007
Louisiana native on the elevator
Like Will, we too were shocked, but when we thought about the fact that such comments were coming from an older, affluent, Caucasian woman, it was slightly more believable.
Katrina tour
Saturday, March 3, 2007
Notions
Recommendations
name : Igors
Distance: 7 blocks to the right across the street
Open: 24 hours
Hi!! If you are looking for a cool place to grab some bbq there is a resturant/bar named "Igors" that is about 7 blocks from the hotel. Went there for dinner tonight and thought it was worth recommending as an option within walking distance from teh hotel. Also, the scenery, is a plus is that if you chose to walk.
So anyway if you go somewhere and want to share it with the group, just add it to this blog and that everyone will have a heads up on some nice spots here in New Orleans.
Friday, March 2, 2007
On our way!
Wednesday, February 28, 2007
Katrina Send Off
Tuesday, February 27, 2007
Timeline for recovery
But for me the lights are dimmer for the knowledge of families no longer here to enjoy them. Today even young D.C. teachers and social workers too often are commuters from Lounden County and Williams County in Virginia and Baltimore, Maryland priced out of the city by the lack of affordable housing and the opportunity to buy elsewhere. Our devastation was much less than New Orleans and we shall never recover. Once this city was home to almost 900,000 people; today it is at approximately 600,000.
So I think of New Orleans, facing a much larger disaster and I wonder what will be the time line of recovery? What does recovery mean? Recovery for whom? Will it be twenty years or forty years before we know the answers?
Monday, February 26, 2007
Video
Also, I attended a conference "Rebellious Lawyering" a Yale law school this weekend and found some helpful people. To make a long story short, I was given a phone number and email of
Lastly, is anyone bringing their personal digital video recorder? At this point Will Yancy Burns, the school and myself will be having a video recorder. Any one else?
Video
Also, I attended a conference "Rebellious Lawyering" a Yale law school this weekend and found some helpful people. To make a long story short, I was given a phone number and email of
Lastly, is anyone bringing their personal digital video recorder? At this point Will Yancy Burns, the school and myself will be having a video recorder. Any one else?
18 months later
It details exactly how hard it is for people to return home, more than half the houses don't have electricity, people who have applied for financial assistance have yet to receive it, it really is a dismal account. And something we all need to be prepared for before we descend upon the city this weekend.
The Right to Return Eighteen Months after Katrina
Wednesday, February 14, 2007
State Farm in MS
Interestingly, the article mentions our friends the Broussards and Judge Senter.
Hmm, sounds just like what we talked about in class last week.
Thursday, February 8, 2007
Things I love about this course
- the collaborative atmosphere - it is so apparent that the professors are learning this right along with us. It makes me feel like we are colleagues and equals rather than inferiors.
- the use of technology - using Blackboard to distribute information and creating a blog for discussion is awesome. I think that there is SO much information that we are trying to learn in such a short period of time in the class sessions, that often discussion doesn't happen. It would be great to have more discussion in forums like this.
- the interplay between the professors - watching the dialogue between Profs. McLain, Morin, and Waysdorf is sometimes more entertaining than TV in my opinion. All three have various skills and knowledge and opinions, and just observing their interactions is exciting.
Please feel free to add to this list and/or comment on my opinions.
Tuesday, February 6, 2007
It's happening everywhere
For me, this just seems to make this course seem even more relevant to our daily lives and activities. Although we might think that such tragedy can't happen to us since we don't live on the Gulf Coast, information like this brings me back to reality.
