A
few cases and comments:
Over
the years I have had the privilege of working for many extraordinary people.
Some are redefining the way we do business. Others have taken on the United
States government, multinational corporations, insurance
companies, and other governmental and commercial entities in their quest for justice.
Most
legal cases are primarily important only to the people involved. The effectiveness of a legal system should be judged by how well it handles
everyday issues, as well as those that find a greater audience in newspapers and
on television. I
have been privileged to be involved with both kinds of cases.
A few which have
received extensive public attention are:
 | Clark v. United States. A courageous woman named Mary Clark demanded that the
United States Air Force accept responsibility for contaminating her ground water. She fought for several years, and ultimately prevailed against a team of
federal Justice Department lawyers, their hired experts, and
unsympathetic neighbors. Her quest was the subject of a Reader's Digest
article and numerous local television and newspaper stories. In a decision
which is still one of the leading cases of its kind in the nation, she was
able to not only obtain financial compensation, but bring a new water
system to an entire neighborhood. I, along with my colleague Ann Eschenbach,
were privileged to represent Mary. |
 |
Mollnow
v. United States. In another case, Carl Mollnow challenged the safety of
United States Air Force flight paths and safety procedures. When, the Air
Force ignored his warnings and a number of airmen lost their lives, the Air Force attempted to
silence him by destroying his career. His courageous challenge was
the subject of a lead story on "60 Minutes." Unfortunately,
after appeals, the government succeeded in denying him his day in court by
citing an old doctrine which shielded the Air Force from judicial review
of anything "incident to military service." Nevertheless, his sacrifice
undoubtedly saved lives. |
 |
Pacific
Northwest Women's Coalition vs. Tacoma. A coalition of women's
organizations wanted to march in the city of Tacoma to commemorate women's
suffrage. The city denied their request for a permit. I was asked to represent the
coalition on behalf of the ACLU. We succeeded in having Tacoma's restrictive
parade ordinance declared unconstitutional. The government had invoked a
law nearly identical to the one used against the Nazis in Skokie, Illinois.
At that time the ACLU was loudly criticized for challenging the government's
position. I suspect most people
would disagree with the application of this law in one instance, but support
it in the other. These two cases reaffirm the principle
that freedom is not discretionary, and that the right of free speech is
not dependent upon the speaker or the message. |
 |
Reed
v. Asarco. Two courageous people took on one of the most powerful
corporations in the U.S. They sought to hold Asarco responsible for
arsenic contamination produced by its Tacoma smelter. In doing so, they
broke new ground in both law and science. Unfortunately, their view of the scientific facts was ahead of its time. A
few years later, government investigations proved to be true what Asarco's hired
experts had testified was impossible. Their efforts laid the groundwork for cases to follow. |
In
other cases, my clients have challenged governments' attempts to restrict their
activities and use of their property, battled insurance companies in their
search for justice, and brought before our legal system a wide variety of personal and
business issues. I feel honored to be able to participate in the American legal
system on their behalf. With all its imperfections, it is the best in the world.
Yet, it must be protected against those who attack it on behalf of special interests or
would sacrifice liberty for expediency.

