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July/August 2003

Law Week 2003
‘Independent Courts Protect Our Liberties’

The Houston Bar Association and the Houston Young Lawyers Association celebrated Law Week 2003 with numerous activities centered around Law Day, May 1. Activities emphasized law-related education for adults and children of all ages. The 2003 theme, “Independent Courts Protect Our Liberties,” gave the HBA the opportunity to implement programs that enhanced the public’s knowledge of the justice system, the courts and the legal services available to all.
A new activity was “Dialogue on Freedom,” conducted in partnership with federal judges in the Southern District of Texas, which encompasses Houston and the South Texas area. Four presentations in Houston and four in South Texas teamed judges and attorneys in dialogues with high school students on their views of democracy and freedom in America, based on hypothetical situations in a mythical country. The program will become an annual partnership between the HBA and the Southern District judges.
Other activities included a program on jury service for older teens, a program on making smart choices for middle school students, and readings for young children. Other programs provided information and legal advice to adults throughout the city.
The Law Week Committee was chaired by Michael Burg. Committee members were Kara L. Barrow, John S. Black, Hon. Jane N. Bland, Bret A. Bosker, Cathy L. Clark,, Scarlett E. Collings, Mary Cunningham, Caroline Adams Faubus, David H. Hardwicke, Christopher P. Nease, Michael B. Raye, Denise Scofield, Ruth E. Shapiro and Laura E. Williamson.





Houston Bar Association Law Week Essay Contest First Place Winner
‘Liberty and Justice For All’

By PHU TRAN
10th Grade, DeBakey High School for Health Professions


One nation, under God, with liberty and justice for all.” The conclusion of the pledge of allegiance, spoken by children every day across America, sums up what man has bled the grounds red and fought to the death for throughout history, and are the pillars on which this nation is built. The framers of the Constitution of the United States did everything within their power to guarantee the people a government based on the people that is noble enough to protect the equality of all people. However, ensuring liberty for all is a matter easier said than done. The judicial system of this country plays an important role in protecting liberty and truly ensures that there is justice for all, man or woman, rich or poor. Time and time again, obstructions that threaten liberty have surfaced and time and time again, the courts have stepped in and protected the people.
During the turbulent Civil Rights era of American history, issues about equality in many areas of life came under review and debate. This period, especially in the South, was a time of segregation in many aspects of life such as public schools, cafeterias, and even drinking fountains. In many southern states, it was lawful for whites and blacks to have separate schools based on the accepted doctrine of “separate but equal” established by the Jim Crow law. However, the court intervened and uprooted that whole idea in 1954. The famous example is the case of Brown v. the Board of Education in 1954, where the doctrine of “separate but equal” was challenged by a group of thirteen African-American parents. They filed a lawsuit against the Topeka Board of Education calling the segregation of children based solely on the color of one’s skin to be in violation of the Constitution. In a unanimous decision by the Supreme Court, the segregation of schools was declared unconstitutional since it violated the blacks’ fourteenth amendment right. This is a renowned case that shows how the court stepped in to protect the liberty of the people. During that time, the theory of equality for all under law sounds good on paper, but in reality and practice, whites and blacks were unequal and in the field of education, this is evident. Black schools were not equivalent to the white schools and so children, especially the minority, were being deprived of a good public education. The Supreme Court stepped in to clarify the term “equality” and made a huge impact on the lives of the minority, and in essence protected their rights, which were being abused.
Another area in which the court played an active role in intervening and interpreting is religion. Religion is a touchy subject that often appears in many court cases. The first amendment to the Constitution calls for the strict separation of church and state and the neutrality of the government when dealing with religion. Freedom of religion is guaranteed by the Constitution, however, the question of how far religion can be incorporated in affairs of the state such as schools have been contested many times. Many times, the courts have intervened and ruled against forceful religious activities in school, such as morning prayers, and by doing this, a person’s rights, no matter of what religion, are protected. For example, in the case of Engel v. Vitale in 1962, the court finds school prayers unconstitutional. In the case of Murray v. Curlett in 1963, the court declared that forcing a child to participate in prayer and bible reading is unconstitutional. These judgments ensure the upholding of the policy of separation of church and state.
Another example of how the court protects the liberty of the people is in criminal cases. Often, an accused may not be able to acquire a lawyer for his or her defense. Under law however, the court must provide free counsel for those who cannot afford one. By doing this, the court gives an accused the chance to fairly defend his or herself in a trial. The accused is also guaranteed due process under law and the court upholds this idea.
This is a land that boasts equality for all, freedom for all, and justice for all. Many times, these ideals are only good on paper since the reality is not always true. However, the people are not helpless but have a tool, and that tool is the court system. The judiciary system is a noble institution that provides fairness for all under law and ensures the implementation of the laws. Even though the system is not perfect, the many court decisions help to pave the way for true equality. Without the judiciary system, fairness for all is just a dream and nothing else. Because of the court, there is meaning and sincerity in the statement “with liberty and justice for all.”


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