Doing It All During A Freaking Global Pandemic

The coronavirus has changed… well, everything about our daily lives. It’s gotten to the point that remembering the “beforetimes” is nostalgia-inducing. But solider on into our new normal we must, and figuring out exactly what that looks like is something we are all wondering.

In this week’s episode of The Jabot podcast, I talk to Christina Moore, partner at Taylor English Duma. We chat about the COVID-19 impact on work/life balance, tips for dealing with the health crisis and a flourishing legal practice, what she’s learned in becoming her firm’s Paycheck Protection Program point person, and the challenges the legal industry faces as we continue to deal with the ramifications of the pandemic.

The Jabot podcast is an offshoot of the Above the Law brand focused on the challenges women, people of color, LGBTQIA, and other diverse populations face in the legal industry. Our name comes from none other than the Notorious Ruth Bader Ginsburg and the jabot (decorative collar) she wears when delivering dissents from the bench. It’s a reminder that even when we aren’t winning, we’re still a powerful force to be reckoned with.

Happy listening!


headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

Announcing The First-Ever Virtual Bar Exam Summit

Taking the bar exam sucks under the best circumstances. Preparing for the bar exam these days kind of feels like shooting at a moving target. Now, in addition to all the regular pressures of the bar exam, you also have to deal with bar exam cancellations, postponements, and other policy and administrative changes. It is stressful and overwhelming.

The Virtual Bar Exam Summit is designed to help you navigate these challenging bar prep times. The Summit is three days of 20+ workshops, all designed to help you pass the bar exam with less stress and more confidence. From tactical strategies for answering MBE questions to developing a strong bar exam mindset, this summit has got you covered.

The best part? The Virtual Bar Exam Summit is 100 percent free! And you don’t even have to wear pants to attend (because it is online; please wear pants if you leave your house to watch).

WORKSHOPS INCLUDE:

● State Of The Bar Exam (cause #wtf is actually going on with the bar exam right now is super confusing)
● Bar Exam Basics
● Time Management For The Bar Exam
● Strategy Workshops for MBE, MEE, and MPT
● A Crash Course in Learning Styles
● How To Breakdown and Memorize Law
● Tackling Difficult Subjects
● Bar Exam Advice To Avoid
● Overcoming Bar Exam Roadblocks
● All Things Practice Questions
● Creating Your Custom Bar Prep Plan
● Guessing Strategies
● Bar Exam Pitfalls (And How To Avoid Them)
● A Guide To Supplemental Bar Exam Resources
● Specific Advice for Repeat Takers
● Mindset and Motivation Real Talk with Coach Leslie (this is a MUST-watch for everyone)
● Strategies For Wellness and Self Care During Bar Prep
● And more (check the website for updates)

FREE REGISTRATION HERE.

Giants And Seahawks Face Off In Libel Suit Over ‘BS’ Text, Armed Robbery

New York Giants cornerback DeAndre Baker and Seahawks corner Quinton Dunbar are facing armed robbery charges stemming from a cookout where someone allegedly pulled a semi-automatic weapon and took a bunch of stuff. Both players are pleading not guilty because neither has that many takeaways.

This would have remained a relatively straightforward criminal case, but Dunbar’s attorney started waging his client’s case in the court of public opinion and now Baker’s attorney says his client will be suing Dunbar’s attorney for libel. But the players apparently remain friends… so that’s nice.

At issue is a Tweet sent by Dunbar’s attorney, Florida State Rep. Michael Grieco, attempting to dispel allegations that Dunbar and Baker had a motive to commit armed robbery because they’d lost a considerable amount of money at an earlier gambling party.

Baker’s attorney, Patrick Patel sees this as an effort to defame his client since Baker’s name is in the Tweet, placing him at this game that supposedly inspired a robbery. Grieco, has already faced criminal charges — he pleaded no contest — over a fundraising scandal, so being a party himself is just another day at the office for him.

From the NY Post:

“The text is complete bulls–t,’’ Patel said. “Read the text. You can say anybody is that person.”

Well, no, “Dre Baker” is pretty definitely referencing Patel’s client. That said, Patel points out that his client doesn’t have the tattoos shown in that image prompting the Post to write, “In other words, if the tats are amiss, you must dismiss” which is entirely groan-worthy and I approve 100 percent.

But Patel does key in on the more important takeaway from the text:

“Wasn’t it everybody’s bulls–t at the beginning that my client Baker lost $70,000? Now go read the text. The text is saying Baker won $10,000. So what are we doing?’’

But “what are we doing” cuts both ways because how is Grieco’s decision to pass along the original Tweet libelous if it on its face undermines the motive theory? Admittedly, Baker has already taken the position that he was playing Madden and not gambling during the party, meaning it could cast a modicum of doubt on his credibility, but if both stories fail to add up to “he needed cash to pay off debts” then it really shouldn’t matter.

If anybody should be upset by this it would be the poor Dolphins player who got taken down by his buddies like that. And obviously this story deals with armed robbery and libel which are far more important, but can we take a second to consider which Dolphin managed to get beat out of $10K?

That’s going to burden my mind much longer.


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

Japan Committed To Throwing Someone In Jail For Carlos Ghosn’s Alleged Crimes

Minnesota Churches Vow To Violate The Law

(Image via Getty)

In a stunning letter dated May 20, six Minnesota Catholic bishops announced that in defiance of Governor Tim Walz’s Executive Order prohibiting “gatherings of more than 10 people” they are allowing masses to resume on May 26. Not to be outdone, Lutherans also issued a letter announcing they have “chosen to move forward” with their services “in the absence of a timeline from Gov. Walz.” Religious objection to such prohibitions has been widely documented. However, the decision to engage in civil disobedience as opposed to litigation is a unique turn of events that can probably be best explained by the fact that the law is not in the churches’ favor.

To be sure, the Lutherans are claiming the constitutional guarantee of the free exercise of religion supports their decision and that Walz’s order “allowing malls and other ‘non-critical’ businesses to open, fails to uphold that guarantee.” Moreover, as the Minnesota Star Tribune has reported, a group called the Becket Fund for Religious Liberty has backed up this claim that the First Amendment is on the side of the Minnesota churches. The problem is, not only does this argument grossly mischaracterize Governor Walz’s EO, this argument has already failed in other jurisdictions. This could help explain why the churches have chosen the path of disobedience rather than litigation.

To begin with the order itself, it is a gross mischaracterization to say the order exempts businesses but not churches. The order prohibits a variety of commercial activities that bring together more than 10 people, such as “sporting or athletic events, performances, concerts, conventions, fundraisers, parades, fairs, and festivals.” Moreover, the order is clear as to its reasoning why these kinds of gatherings (including church services) increase the risk for transmission as they tend to operate for extended periods. Most importantly, the kinds of gatherings that would be analogous to church services are inherently different, as the order points out, from “transitory settings, such as retail establishments, where individual interactions and contact are more limited in duration.” In other words, the comparison of church services to retail is apples to oranges and in every respect the order applies evenly to any gathering that could be considered equivalent to a church service.

Additionally working against the churches in Minnesota, from a legal perspective, is the fact that similar arguments have already been defeated in federal court. In fact, as that court noted, “exempting religious exercise from requirements of the law” could “amount to a carveout that is not available to other non-religious businesses, in violation of the Establishment Clause.” Put simply, if Governor Walz cannot prohibit church services he would also have to allow concerts, conventions, and festivals and any hope that the spread of the virus could be contained would evaporate.

Of course, given the terrible disregard many judges have shown toward the Establishment Clause and a balanced approach to religious liberty, the Minnesota churches could win. In fact, we are already seeing judges approach these cases more like religious preachers than impartial adjudicators. Add in the fact that multiple federal judges have relegated nonbelievers to second-class citizens who can be barred from addressing their own state legislatures, or categorically banned from performing private wedding ceremonies, and you can make the argument that it is nonbelievers who should be outraged.

The fact is, the burdens (if you even want to call them that) that are being imposed on churches in Minnesota don’t compare in the slightest to what churches, such as the Catholic church, want to impose on others. For example, right now at this very moment, the Catholic church is fighting to deny foster children, in a government program mind you, the right to full access of potential adoptive parents because of sexual orientation. Given the ridiculously unbalanced state of religious liberty that we are all operating in, where despite a clear legal mandate originally intended to prohibit public funding of religion, religious organizations nevertheless receive absurd amounts of taxpayer dollars. I hope everyone can forgive me for having no sympathy for the civil disobedience being planned in Minnesota.


Tyler Broker’s work has been published in the Gonzaga Law Review, the Albany Law Review, and is forthcoming in the University of Memphis Law Review. Feel free to email him or follow him on Twitter to discuss his column.

Zimbabwe Situation Report, 21 May 2020 – The Zimbabwean

  • The first imported COVID-19 case was reported on 21 March 2020 with local transmission starting on 24 March. As of 19 May, 46 COVID-19 cases were confirmed, including four deaths.
  • Nearly 4,900 Zimbabwean migrants have returned from neighbouring countries since beginning of April.
    Malaria and typhoid outbreaks create an additional burden to an already fragile health system.
  • The number of pellagra cases reported in the first quarter of 2020 doubled to 482, compared to 264 cases reported in the same period in 2019.

Situation Overview

The United Nations and humanitarian partners have revised the Humanitarian Response Plan (HRP) to include response to the COVID-19 outbreak. The COVID-19 Addendum requires US$84.9 million to respond to the immediate public health crisis and the secondary impacts of the pandemic on vulnerable people, in addition to the $715 million required in the HRP.

The 2020 Zimbabwe Humanitarian Response Plan (HRP), launched on 2 April 2020, indicates that 7 million people in urban and rural areas are in urgent need of humanitarian assistance across Zimbabwe, compared to 5.5 million in August 2019. Since the launch of the Revised Humanitarian Appeal in August 2019, circumstances for millions of Zimbabweans have worsened. Drought and crop failure, exacerbated by macro-economic challenges and austerity measures, have directly affected vulnerable households in both rural and urban communities. Inflation continues to erode purchasing power and affordability of food and other essential goods is a daily challenge. The delivery of health care, clean water and sanitation, and education has been constrained and millions of people are facing challenges to access vital services.

There are more than 4.3 million people severely food insecure in rural areas in Zimbabwe, according to the latest Integrated Food Security Phase Classification (IPC) analysis, undertaken in February 2020. In addition, 2.2. million people in urban areas, are “cereal food insecure”, according to the most recent Zimbabwe Vulnerability Assessment Committee (ZimVAC) analysis. Erratic and late 2019/2020 rains forebode the possibility of a second poor harvest. Nutritional needs remain high with over 1.1 million children and women requiring nutrition assistance. At least 4 million vulnerable Zimbabweans are facing challenges accessing primary health care and drought conditions trigger several health risks. Decreasing availability of safe water, sanitation and hygiene have heightened the risk of communicable disease outbreaks for 3.7 million vulnerable people. Some 1.2 million school-age children are facing challenges accessing education. The drought and economic situation have heighten protection risks, particularly for women and children. Over a year after Cyclone Idai hit Zimbabwe in March 2019, 128,270 people remain in need of humanitarian assistance across the 12 affected districts in Manicaland and Masvingo provinces. There are 21,328 refugees and asylum seekers in Zimbabwe who need international protection and multisectoral life-saving assistance to enable them to live in safety and dignity.

As of 19 May, the Ministry of Health and Child Care (MoHCC) in Zimbabwe had reported 46 confirmed COVID-19 cases including four deaths, with cases reported in five provinces. With the first cases reported in Zimbabwe as of 21 March, and the recent increase of COVID-19 transmission in the region, the Government of Zimbabwe is strengthening and accelerating preparedness and response to the COVID-19 outbreak. Following the declaration of COVID-19 as a national disaster on 19 March 2020, the Zimbabwe National Preparedness and Response Plan for COVID-19 was launched with an initial eight pillars of coordination, the creation of a national COVID-19 Response Task Force and the formation of the Inter-Ministerial Committee as well as several sub-committees.

The Government of Zimbabwe declared a 21-day nationwide lockdown starting on 30 March 2020 ensuring the continuity of essential services. Following an initial extension of two weeks until 3 May, the Government announced the easing of lockdown regulations on 1 May allowing formal industry and commerce to resume operations, with specified measures in effect until 17 May, including mandatory testing and screening of employees whose companies were re-opening or those employees returning back to work for the first time since the initial lockdown. The informal sector as well as other sectors, including education, however remained closed. The lockdown was now been extended indefinitely with a review every two weeks.

From 7 to 17 May 2020, 2,448 Zimbabwe migrants returned from South Africa through the Beitbridge border post, a significant increase compared to 102 returnees in April. In total, 4,878 migrants have returned (3,552 in May and 1,314 in April) from neighbouring countries through the four border posts of Beitbridge, Plumtree, Chirundu and Forbes, since COVID-19 restrictive measures were imposed. After arrival at the border post, returnees are transferred to provincial quarantine facilities nearest to their places of destination, most of which do not have adequate facilities to host returnees.

The country has been facing a malaria outbreak that is creating an additional burden to an already fragile health system. From 1 January to 3 May 2020, 262,968 malaria cases and 246 deaths have been reported. During the week from 27 April to 3 May, a total of 26,103 malaria cases and 20 deaths were reported, with the highest number of cases being recorded in Mashonaland Central and Mashonaland East provinces.

In addition to the commitments to the HRP recorded above through the Financial Tracking System (FTS), a number of pledges are in the process of being finalized. This includes $13 million from the European Commission for which a call for proposals has been launched, $44 million COVID-19 funding announced by the UK Ambassador, and a further $20 million CERF allocation to WFP for Social Protection programming.

Post published in: Featured

Zimbabwe opens tender for solar power plants – The Zimbabwean

Zimbabwe is inviting bidders to tender for the installation of 500MW of solar power plants as the country aims to shift to renewable energy.

The country’s power utility, Zimbabwe Electricity Distribution Company (ZETDC), advised in an official notice that it intends contracting the 500MW of solar PV from varying capacities to be commissioned at identified strategic locations across the county.

Bidding documents are available from June 2020.

The shift to renewable energy sources is in a bid to ease power cuts, which in some instances can last up to 18 hours a day. Low water levels at the Kariba hydropower plant and constant breakdowns at the Hwange thermal station have cut output.

Zimbabwe is currently producing 987MW of electricity daily. Hwange is producing 381MW and approximately 600MW is generated at the Kariba complex, which has a capacity of 1,050MW.

The power cuts have only eased recently after much of the economy shut down due to the COVID-19 lockdown.

The solar power would reduce loadshedding during the day time by “deploying properly sized solar plants at identified priority load centres,” ZETDC advised.

Solar would also reduce investment in connecting plants to the grid and associated lead times, mitigate against climate change risks on hydro and thermal power plants, and cut power imports, the company said.

Policy changes to attract investment

In March, Zimbabwe launched the National Renewable Energy Policy and the Biofuels Policy of Zimbabwe, hoping to attract investment.

The policy grants all renewable energy projects National Project Status. They have tax holidays of 5% for the initial five years and 15% thereafter. Environmental Impact Assessment (EIA) requirements for projects of 5MW and less have been relaxed.

Licensing timelines for solar projects is currently six months, which has frustrated many investors. The new policy aims to reduce this, but gives no specific indications on the shortened licensing period.

Zimbabwe has recently published regulations allowing for net metering, where solar power users can feed excess energy back into the grid.

Post published in: Featured

Morning Docket: 05.22.20

(Photo by Marc Piscotty/Getty Images)

* The lawyer for Carol Baskin’s missing husband says the signature on his former client’s will may have been forged. Please let there be more Tiger King episodes about this. [Fox News]

* An NFL player has filed a lawsuit against United Airlines over an alleged sexual assault that occurred on a recent flight. [ABC News]

* The Supreme Court decided against considering an appellate ruling that ordered the State of Idaho to pay for a transgender prisoner’s reassignment surgery. [New York Times]

* Lawyers are looking to reopen cases in which Tara Reade, who accuses Joe Biden of sexual assault, served as an expert witness, since Reade may have exaggerated her educational background. [Politico]

* Harvard Law School has made its “Zero-L” classes available to all law students online for free even though HLS originally planned on charging a fee for the courses. [Harvard Crimson]

* Richard Simmons has won a lawsuit against a media company that installed a tracking device on his vehicle. Can kind of understand the desire to know where he’s been recently. [Hollywood Reporter]


Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.

Zimbabwe leader sacks deputy information minister – The Zimbabwean

Zimbabwean President Emmerson Mnangagwa on Wednesday fired outspoken deputy information minister Energy Mutodi hours after he insulted three “abducted” opposition officials in a tweet.

A statement from the presidency did not give reasons for the immediate “termination of employment” of Mutodi.

A prominent opposition Movement for Democratic Change (MDC) lawmaker and two party officials were originally arrested for protesting over food shortages experienced during the coronavirus lockdown.

Zimbabwe woman feeds her community during virus pandemic

A Zimbabwean woman leads a team of volunteers to feed her community during the COVID-19 lockdown as the majority of bread winners earn their living in the informal sector.

The all-female trio were then abducted from the police station by unidentified men and taken out of the capital where they said they were beaten up and sexually assaulted.

They were later dumped by a roadside where they were found by party colleagues and taken to hospital.

In his tweet Mutodi claimed the three opposition officials “went out for a romantic night to Bindura (a small town) with their lovers”, a couple of miners.

Condemnation

He said the women were beaten up “when they demanded foreign currency for their services”.

The incident attracted condemnation from international rights groups and western diplomats.

Heads of mission of the European Union countries and the US based in Harare on Wednesday said they “expect from the government of Zimbabwe a swift, thorough and credible investigation into the abduction and torture” of the opposition members and two others assaulted in the second city of Bulawayo.

“The perpetrators of heinous acts of this kind and other human rights violations need to be identified and prosecuted,” they said in a statement.

The axed deputy minister’s latest callous remarks came a week after he was reprimanded for criticising Tanzanian President John Magufuli’s handling of the Covid-19 pandemic.

Mutodi has also been at loggerheads with information minister Monica Mutsvangwa whom he accused of teaming up with her husband to eliminate him.

Last week he tweeted that he was “living in fear” of foreign affairs minister Sibusiso Moyo and the information minister’s husband.

Mutodi becomes the second high profile government official to be fired by Mnangagwa, following the removal of former tourism minister Prisca Mupfumira last year.

Post published in: Featured

Three Anti-Government Activists Were Kidnapped and Sexually Assaulted In Zimbabwe – The Zimbabwean

Three members of Zimbabwe’s main opposition party were abducted from a police station last week, and then beaten, tortured, and sexually assaulted with firearms before being dumped on the side of the road.

Now, rather than pledging to find the perpetrators, the government is threatening to jail the women for breaching coronavirus lockdown measures.

Activists and opposition leaders say the government and police are mounting a smear campaign to cover-up collusion with the attackers, a campaign that includes allegedly leaking semi-naked images of the victims on social media and calling them prostitutes.

While the government’s reaction to such a heinous crime may seem inexplicable, for those who track Zimbabwe’s politics, it is nothing new.

“To those who have followed events in the country — and certainly for Zimbabweans themselves — the flippant and entirely callous response is par for the course,” Jeffrey Smith, executive director of Vanguard Africa, a nonprofit that focuses on democracy in the continent, told VICE News. “Victim blaming, or otherwise accusing an imaginary ‘third force’ for their own crimes, has long been the regime’s modus operandi.”

Abduction

On Wednesday, May 13, Joanna Mamombe, 27, a member of Zimbabwe’s Movement for Democratic Change (MDC) and a lawmaker for the Harare West constituency, was driving home from an unsanctioned protest against the government’s inadequate provisions for the country’s poorest during the coronavirus lockdown.

Also in the car were two other activists from the MDC’s youth assembly, Cecilia Chimbiri and Netsai Marova.

They met a police roadblock and were ordered to drive the car to the Harare Central Police Station.

In a basement parking lot at the station, armed and masked men forced them into a van and told them they were going to be “fixed” for rebelling against the government.

The three women were tied up and their heads covered with hoods. They were driven for an hour into the forest.

The women say they were thrown into a pit, beaten, stripped naked and sexually assaulted with firearms. They also said they were forced to drink each other’s urine.

“They beat me on my back, all over the body using sticks. They used a gun to beat us, then molested me,” Chimbiri told the Guardian from her hospital bed.

On Thursday night, May 14, the three women were dumped by the side of the road from a moving car near the town of Bindura, about 50 miles northeast of the capital before being discovered the following morning.

“They pushed [us] out of the truck onto the road. They left us there. They said ‘we will be watching you… What is so special about you that you want to turn against the government?’” Chimbiri said.

Cover-up

The government’s response, rather than pledging to find and punish the perpetrators, has been to accuse the women of lying.

The police, having initially confirmed the women’s arrest, then denied they were detained. But the presence of Mamombe’s car at the police station undermines the police’s claims that the women were not detained.

Justice Minister Ziyambi Ziyambi told the BBC the women made up the story to deflect attention from the fact that they broke lockdown rules by attending a protest, and threatened to prosecute them.

“It is a diversionary tactic and once they are discharged [from hospital] they must be arrested for breaking the law,” Ziyambi said.

Worse still, Energy Mutodi, a deputy information minister, alleged the three women were simply meeting their lovers and that a row erupted overpayment for their “services.” Mutodi has since been fired, though it is unclear if his dismissal was related to his allegation about the women.

Then, photos taken by the police, allegedly as part of their investigation into the attack, appeared on social media. The semi-naked photos of Chimbiri were taken as part of the evidence-gathering process.

On Wednesday, Chimbiri’s lawyer wrote to Zimbabwe’s police chief to demand a full investigation into how the photographs were leaked and by whom.

The identity of the assailants is unknown, but the MDC claims the attackers were working in collusion with the state, and one of the victims said she would identify one of the men who attacked her.

“This is inhuman and degrading treatment,” Nelson Chamisa, the party’s leader, told ZimLive after visiting the women in the hospital. “This is torture against girl children, torture against the country. Assuming that they had committed a crime, they were supposed to be taken to a police station, tried, and sentenced. But this is a continuation of an ugly past.”

But given the past four decades of Zanu-PF rule, first under Robert Mugabe and now under his former deputy Emmerson Mnangagwa, there is little hope of justice for the three women.

“Like the routine gaslighting of women’s experiences in Zimbabwe, impunity has also long been the norm,” Smith said. “Authorities will continue to deny their role in the abductions and the torture. And the perpetrators will not be held accountable, further emboldening an already vicious, ruthless regime.”

Cover: Zimbabwean opposition leader Nelson Chamisa, right, visits an activist who was reported missing, at a local hospital in Harare, Friday, May 15, 2020. Three young Zimbabwean opposition activists who were reported missing following a protest over COVID-19 lockdown measures this week were been treated at a hospital Friday after asserting they were abducted and sexually abused. (AP Photo)