San Francisco CA USA
Courtroom Battles and Groundbreaking Cases are the focus of James J. Brosnahan’s book is not only timely for us to read but also to understand where we are in our country and the world at large.
Topics covered in the book are freedom of the press and speech, Voting rights, refugees, sexual harassment, false imprisonment FBI rigging evidence and lower courts disregarding the Constitution and Bill of Rights, Common Law and Oath to the people of this land. Now the Supreme Court decisions go back to the Common Law as the Prevailing law of the land in the latest decision in November of 2023. The axioms of Common Law dictate that any court and Judge take sides to benefit and protect the individual with his property and papers. That has been on trial as James points us to the cases decided against the people for whom the appointed representatives work.
Brosnahn reminds us of the famous case in San Francisco when two newspapers used the same printer for the benefit of the people to have lower cost of printing then passed on to the reader and difference used for research and editing of the news. This was the San Francisco Chronicle and Examiner case Brosnahan represented against Monopoly prohibition. That case led to The Newspaper Preservation Act of 1970.
“I will not deny the right of every free-born subject to make (speech)”
-Defense lawyer during the famous free speech trial of John Peter-Zenger (1735)
As we know from experience our rights have been obstructed now and way back to it is in the hands of the people. We the people are over the representatives and make the law of this country aligned to protect and enforce Common Law, Constitution and Bill of Rights.
James Brosnahan points out how many laws are not aligned with statutes or codes and do not apply to the people but are the corporate chosen way of operating within the structure of the corporation we know as the United States.
This is the crossing point at which the Justice is at trial. The civil courts are, run by magistrates in the role of public officials. They are contracted as an agent on behalf of the government and the people. what is must to know is that when they do follow the oath to the people they become liable to the people for the decision against them in a private capacity.
This book is a must to read as every aspect brought to our attention in his book is most relevant to the current times we live in now. He accumulated cases that point to the evolution of Justice leading in the wrong direction that must be returned to proper ethics, values and morals to live by and apply justice.
If much is to learn from decades of cases in this book we can see the evolution of abuse of trust by the justice given to it by the people. It was a slow but sure crossing of rights and law with wrong decisions that needed hopeful appeal decisions overturning the lower court, or unlawful decisions that kept innocent people in prison without justice.
The Supreme Court became busier than ever because of lower courts disregarding the law of the land and fewer cases were being decided on for lack of time. That in itself is Justice at Trial too. No equal opportunity is available to those seeking help from the Supreme Court.
Four things belong to a judge: to hear courteously, to answer wisely, to consider soberly and to decide impartially.- Socrates(470-399 BC)
James J. Brosnahan is an example of a lawyer with integrity and respect for his clients and the law.
We learn a lot from his loyal life with his wife Carol who he met over sixty-four years ago at a law school. They have three children Amy Jim and Lisa who are too supportive and encouraging to speak about his life as a lawyer in this book and many other speaker engagements offered to him.
James shares with us how education is not preparation for being a lawyer. To be a lawyer is a learned process of applying and deciding who and how you want to represent. It is standing on the right belief and knowledge of consequences without fully respecting your client’s rights and truth with the application of the law. If you ever wonder if there are true lawyers, look at the life of James J. Brosnahan, his values his perspectives and assessments of law and justice. See the concern he has that it is time to put Justice on Trial.
So here we claim our First Amendment right to publish.
