Professional Documents
Culture Documents
and double jeopardy (even petitioning the U.S. Supreme Court). Did you know that
you can be convicted both in Federal and State Court on the same facts for the same
bank robbery?
More recently, he developed a Pro Bono Legal Program for
the Grand Lodge of Pennsylvania, operating out of the
Masonic Village in Elizabethtown, PA, known as
COMPASS (Committee Of Masonic Practicing Attorneys
Serving Selflessly); participates on the ACBA Public
Service Committee where he promotes its Small Business
Legal Assistance Program; and is developing for SCORE
Pittsburgh, Advisers to America's Small Businesses, of
which he is Past Chair, a program similar to the
COMPASS program to provide free legal counsel to SCORE clients by outside
practicing attorneys who want to donate pro bono legal services to help the
development of small businesses.
Barry finds helping people on to the right path to successfully deal with their
problems through KD & You and the Law to be most rewarding, from simple
business matters such as how to help protect a trademark at no cost (add a TM) to
my spouse is beating me (call police - seek a Shelter - marriage counseling unless as appeared in one instance it was in a game of trivia). He claimed she
insisted 'illegal' was a 'sick bird' and 'unlawful' was the word he needed to win.
Prank call? Perhaps?
One aspect of KD is a bitter sweet necessity. Anonymity! You feel for the clients
and would like to see the resolution of the problem, but your job is to anonymously
provide information, direction and referrals. Hopefully this places them on the right
path and provides the satisfaction that you may just have improved their lot in
life.
Addenda
In the Allegheny County Bar Association (ACBA) he Chaired the Unauthorized Practice of
Law, and Antitrust and Class Action Committees, as well as being Vice Chair of the
Headquarters Committee; and active on the Alternate Dispute Resolution and Publications
Committees. Appointed by the U.S. Secretary of Commerce and U.S. Trade Representative, he
served three terms on the Industrial Functional Advisory Committee on International Standards.
He Chaired the Allegheny County Transit Council, was Founding President of the Western
Pennsylvania Chapter of the Federal Bar Association (FBA), and Third Circuit Vice President of
the national FBA. He was recipient of the Pittsburgh Kiwanis Kiwanian of the Year Award
and was elected a Thirty-Third Degree Mason. He was also biographized in Who's Who in
America.
The Voice Of Syria Shriners One of Shrinedoms Greatest Newspapers Syria Shrine
Temple, Cheswick, PA Volume 60, Number1 February 2013, Centerfold Page 19 & Page 25.
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SCORE
December 2012
Figure 3 - Volunteers Answer Phones at the 2012 KD & You and the Law Program.
Barry J. Lipson center front (ACBA Lawyers Journal Vol. 15 No. 4 February 22, 2013)
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By Jason Cato
The lack of a federal court in Pittsburgh helped
escalate a farmer's revolt into the Whiskey Rebellion
-- and helped most of the rebels avoid conviction,
historians say.
In 1794, U.S. Treasury Secretary Alexander
Hamilton issued summonses on scores of Western
Pennsylvania farmers who protested a federal excise
tax on distilled spirits enacted three years earlier.
Thousands of farmers took up arms, sparking the
largest revolt against the federal government until
the Civil War.
The corn they grew was expensive to ship to markets in the eastern part of the state, so they converted it
into whiskey, said Barry J. Lipson, a Downtown lawyer and national delegate for the Western Pennsylvania
Chapter of the Federal Bar Association. The government, needing to reduce a $54 million national debt, taxed
distillers between 7 and 18 cents per gallon of alcohol, depending on the size of the still and strength of the
whiskey.
"There was great dissension in Western Pennsylvania, because that was basically their livelihood," Lipson
said. From 1791 to 1794, farmers harassed tax collectors, according to "The Whiskey Rebellion," a 2006 book
by William Hogeland. By the end, the federal government dispatched more than 10,000 troops to stamp out
the uprising.
But shipping the accused eastward proved to be difficult, too, Lipson said. "If they wanted to prosecute
someone criminally, they had to send them to Philadelphia," Lipson said. Roads were primitive. "It would have
been very difficult to do."
Trials began in 1795 for about three dozen people. President George Washington pardoned the only two
convicted of treason.
No federal court in Western Pennsylvania meant protestors had no legal option to challenge the government
tax. In the end, Lipson said, the revolt made its point. "Looking at the surface, it looks like the feds won. But
the excise tax disappeared," he said. "It was a political trade-off."
WHISKEY REBELLION: A BLAST FROM THE PAST
by Barry J. Lipson
At 5 pm on Wednesday, October 17, 2001, in the Engineers Society Ballroom, the not-to-be-missed "Blast from the Past," the annual
"Whiskey Rebellion," will be annual once again! The FBA West Penn Chapter is reviving this tradition, conceived by The Honorables
Cohill and McCune, and originally hosted by the ACBA Federal Court Section. With properly attired Federal Troops of the Original
George W., Honest Western Pennsylvanian Rebel Farmers, Unabashed Revenuers, Corn Whiskey Punch (included), Bourbon Meat
Tastees and other Revolutionary Vitals, and with Kolonial Karaoke, Sing-A-Longs and Surprises as part of the planned entertainment,
how could you be elsewhere? All true "Sons and Daughters of the Bar" (and Bench) are welcome at the cost of a mere $10.00 each;
except that the cost for each "Unabashed Revenuer" is $50.00, plus a round of drinks at the cash bar. A one hour/credit CLE on the
"Legal Aspects of the Whiskey Rebellion," will immediately precede the "Blast," at the meager stipend of $25.00 (including Blast). In
addition, Legal Eagles who join the FBA between now and the arrival of George Washington's Federal Troops will be the guests of
the Chapter at the Blast and the CLE. However, reservations are a must and may be made by contacting Fran DiSalle, RSH&D, 900
Oliver Bldg, Pittsburgh, PA 15222 (412/434-8596). Federally Speaking, No. 7.
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Justice Sandra Day O'Connor Visits the Duquesne University School of Law Celebrating the 20th
Anniversary of Justice O'Connor's Appointment to the Supreme Court and the First Recipient of the
Carol Los Mansmann Award for Distinguished Public Service
by Melissa A. Walls and Deborah L. Kutzavitch
Barry J. Lipson, immediate past president of the Federal Bar Association of Western Pennsylvania, joined by Judge
Ambrose, presented Justice O'Connor with the first Carol Los Mansmann Award for Distinguished Public Service. The
award, bestowed by the Western Pennsylvania Chapter of the Federal Bar Association, will be given annually to "a public
figure who has made unique and outstanding contributions to the legal profession through diligence, dedication to
principle, and commitment to the profession's highest standards." In a letter addressed to the Duquesne community,
United States Supreme Court Chief Justice William Rehnquist summed up the award by stating, "This is a fitting tribute
to a woman who has pioneered many firsts during her long career as a public servant." Juris, Vol. 35 No. 1 Winter 2001
[A]t the first Award Ceremony on
September 21, 2001, merely ten days after
9/11, Judge Mansmann was still alive and
personally present, and the first Awardee,
U.S. Supreme Court Justice Sandra Day
O'Connor, very appropriately voiced
glowing remarks about her, Carol herself
was not introduced to the 1000-plus
attendees until yours truly deviated from
the script and "ad libbed" an appreciated
introduction of "Her Honor" to the
assembled admiring multitudes, right
before your "columnist had the honor of
presenting" Justice O'Connor "with this
award and `pinning' the `Honorable' Honorary FBA Member O'Connor with an FBA recognition pin" (Federally Speaking
No. 9, November 2001). [I had never kissed a U.S. Supreme Court Justice before a 1000+ people before.] Clearly Justice
O'Connor was the sole center of attention and she delivered a most important immediately post-9/11 message, to wit:
"`Where law ends, tyranny begins,' so said United States Supreme Court Justice Sandra Day O'Connor, quoting Margaret
Thatcher ... She was driving home the point that in light of the recent terrorist attacks the rule of law must be
maintained. `The need for lawyers does not diminish in times of crisis,' she stressed, `it only increases'" (Ibid.). [At the
Second Award Ceremony it] was quite a turn-on to hear ones written words adopted by a Justice of the United States
Supreme Court, which were in turn reporting the words spoken to your columnist by an exemplary and graciousness
jurist, words that told us enough was enough, to wit, the Honorable Carol Los Mansmann recommended that
judges be ineligible for the coveted FBA [Western Pennsylvania] Federal Lawyer of the Year Award, as they already
have enough recognition (Federally Speaking, No. 14, April 2002). In choosing this as an example of U.S. Circuit Judge
Mansmanns character and graciousness, Justice Samuel A. Alito, Jr., gave us an interesting insight into his own character
and graciousness, especially as he was here in Pittsburgh at the well turned-out Second Carol Los Mansmann
Distinguished Public Service Award Ceremony to receive this Special Award from Duquesne University, the Western
Pennsylvania Chapter of the Federal Bar Association and the Allegheny County Bar Association, which is awarded for
unique and outstanding contributions to the legal profession through diligence, dedication to principle, and
commitment to the professions highest standards. Federally Speaking, Special Award Issue.
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Presented at the April 2008 Stated Meeting of Brashear Lodge No. 743
Sojourners found at: http://www.pagrandlodge.org/district47/743/743%20DL-Pre%202010/index.htm
Home page: http://www.pagrandlodge.org/district47/743/
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Public & Private Enforcement Of The Antitrust Laws by Barry J. Lipson. This is
original 1996-7 draft of Chapter 28 of Advising Small Businesses (ASB), written by
Barry J. Lipson, and significantly adapted from his prior writings, including copyrighted
writings such as various issues, published and unpublished, of his "copyrighted column
Corplaw Commentaries." It is archived here to preserve and for historical prospective,
not for legal or business reliance, for which the current version of ASB should be
reviewed and referenced as appropriate. Barry J. Lipson, B.S. in Economics, Wharton
School, University of Pennsylvania (1959), J.D., Columbia Law School (1962), LL.M., in
Trade Regulation, New York University Graduate School of Law (1968); Member of the
New York Bar since 1962 and the Pennsylvania Bar since 1970; Weisman Bowen &
Gross, Pittsburgh, Pennsylv ania. Portions of this chapter have been adapted from
published and unpublished editions of the author's copyrighted column Corplaw7
Commentaries, to which all rights are reserved and retained by the author [1996-97].
http://www.scribd.com/doc/37390265/SMALL-BUSINESS-GUIDE-TO-PUBLIC-PRIVATEENFORCEMENT-OF-THE-ANTITRUST-LAWS-by-Barry-J-Lipson
The Browning of Masonry & The Symbolism of the Lost The Scottish Rite & The
Cerneau Wrong Revisited by Barry J. Lipson. As in your authors earlier presentation to
the Pennsylvania Lodge of Research, a first person exploration of the truth and fable of
the Royal Reigns of Kings Cyrus and Darius over 25 centuries ago, encompassed by the
Fifteenth and Sixteenth Degrees of Scottish Rite Masonry, here too will be explored the
truth and fable of The Lost Symbol as it relates to that books depiction generally of
Masonry and most specifically the conferral of the Scottish Rites Thirty-third Degree.
Thus, while it will be left to others to explore the literary and spiritual merits and
symbolism of The Lost Symbol, and its alleged expos of Blue Lodge ritual, the focus
here will be on the historical and real world bases for Browns explicit representations
as FACT" that the Scottish Rite organization he depicts, and its rituals as disclosed and
utilized by him in this novel, actually "exist" and are "real." These explorations will also
include exploring the truth and extent of his depictions and impressions of Masonry as
ancient and immutable, and as being in conformity with uniformity.
http://www.scribd.com/doc/59822509/Browning-of-Masonry-The-Symbolism-of-the-Lost-The-Scottish-RiteAnd-The-Cerneau-Wrong-Revisited-by-Barry-J-Lipson-33rd-Degree
SCOREPittsburgh Barry J. Lipson Chairs Scrapbook 2007-2009. And there are kind
words... National SCORE Chief Operating Officer Dr. Devin Jopp: Well put Barry very well put! Thank you for all of your leadership and dedication Barry. SCORE is built
on leaders like you. Best Regards, Devin. SCORE District Director Dave Seyboldt:
Barry, Nice job with the column. I have always looked forward to reading your material;
never quite sure what will be found. Thanks for all of your good work. I believe that you
have done a very good job, and moved ahead to address the issues, most of which you
mention. I personally appreciate your contributions and your dedication. I also know that
Steve will continue to need assistance as he takes over from you. ---- Thanks again. Dave
Seyboldt http://www.scribd.com/doc/35538286/SCORE-Pittsburgh-Chair-s-Scrapbook-2007-2009-Barry-JLipson-Chair
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Benjamin Franklin summarized how fundamental the freedom of speech is when he said, "Whoever would
overthrow the liberty of a nation must begin by subduing the freedom of speech." This Amendment guarantees
your right to speak up and speak out. But, of course, it does not guarantee your right to falsely yell "fire" in a
crowded theater.
Freedom of the press is closely related to freedom of speech. Just as you can speak your mind, the press -- in all
forms, radio, TV, movies, magazines, newspapers and now even over the Internet -- can speak its mind. The Bill of
Rights guarantees that the government will not interfere with the press or censor the news. If you are injured by the
press, you can sue for libel, but the government cannot tell the press beforehand what it may or may not print.
Similarly, freedom of assembly or the right to meet together, and the right to petition the government, are other
First Amendment rights that are essential to your enjoyment of your fundamental rights of free expression.
Additionally, the Bill of Rights protects your religious freedom by protecting you from being forced to practice any
religion; by allowing you to practice the religion of your choice, or to practice no religion at all; and by mandating
separation of church and state. Separation of church and state protects you from any religious organization being
given preferential treatment, and it guarantees that neither the Federal government nor any State government will
establish or affiliate with a religion of its own, such as, "The Holy and All High Church of the United States." Be
thankful, for if a State Religion was permissible, it just might not be yours.
THE SECOND AMENDMENT, in order to permit the existence of a "well regulated Militia," which it recognizes as
being "necessary to the security of a free State," prohibits the infringing of "the right of the People to keep and bear
Arms." The British, of course, desired to infringe the right of the American Colonies and colonists to keep and bear
Arms. Today, some believe that this provision means that an individual has the right to bear Arms, and others
believe it only pertains to those in an official "well regulated Militia," and not to the average citizen. This right to
bear arms has been interpreted to permit the controlling of concealed weapons and the outlawing of certain types
of
weapons. The Courts are now wrestling with the parameters of this right right now, and may be writing opinions as
I write this, righting prior perceptions. Though, it is not anticipated that Beetle Baileys Right to Bare Arms while
on duty will be upheld.
THE THIRD AMENDMENT guarantees that soldiers will not be quartered in your house during peace time without
your consent, nor in war except under a specific law. This protection sprang from British abuses before and during
the American Revolution.
THE FOURTH AMENDMENT protects you against unreasonable searches and seizures and guarantees your right to
privacy. Supreme Court Justice Brandeis called "the right to be left alone" by the government, the most valuable of
your rights.
The Fourth Amendment requires that any search or arrest takes place only when a police officer has probable
cause. This means police officers may not arrest or search you without a link between you and criminal activity, and
where there is not an emergency situation, requires them to first obtain search warrants and arrest warrants. These
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warrants are issued by a judge or a magistrate only after he or she is convinced that there is probable cause for such
a warrant.iii
THE FIFTH AMENDMENT prohibits denial of life, liberty or property without the due process of law. It guarantees
that if you are arrested, your arrest and trial will be conducted according to established legal procedures. It also
protects you from unreasonable police tactics by guaranteeing that you cannot be forced to testify against yourself.
This is sometimes referred to as "taking the Fifth". "Taking the Fifth" is not legally incriminating or a way around the
courts. It is simply an exercise of your right to remain silent. The government must build a case against you -- you do
not have to help it to do its job. (CAUTION: Taking the Fifth while driving is not constitutionally protected and can
lead to prosecution and conviction for drunken driving.)
Additionally, the Fifth Amendment protects you from being prosecuted by the same sovereign twice for the same
crime; requires, under the Miranda rule, that an arresting officer must inform you that you have a right to remain
silent, along with other rights, if he or she plans to question you following the arrest; and requires grand juries in
certain federal cases. It also protects your property from being taken by the government without just compensation.
THE SIXTH AMENDMENT guarantees that you receive a fair trial. It guarantees a speedy trial, a public trial and a
jury trial. In addition, you must be informed of the charges being brought against you, and you must be confronted
with the witnesses against you. Then too, the Sixth Amendment guarantees your right to have a lawyer when you
face a possible jail sentence, in order to help prepare your case and to represent you at trial. In such cases, if you
cannot hire an attorney, this Amendment guarantees your right to court appointed counsel.
THE SEVENTH AMENDMENT reinforces the integrity and power of the jury system by guaranteeing that the facts
found by a Federal jury will not be re-examined. The losing party in a lawsuit may appeal a ruling, but only on points
of law or legal technicalities. Once a jury has decided what actually happened in a case -- the actual facts of a case -a party may not ask for a re-examination of the facts, unless there is no basis in law for the jury's finding of facts.
THE EIGHTH AMENDMENT protects you from cruel and unusual punishment; protects you from having excessive
fines imposed on you as a punishment; and outlaws excessive bail as a guarantee of your appearance at trial. In
some countries, you can be hung or have your hand cut off for stealing a loaf of bread. Thanks to the Bill of Rights,
such punishments are prohibited in the United States.
THE NINTH AMENDMENT guarantees that the rights granted by the entire Constitution, including the Bill of Rights
and the other Amendments, are not the only rights you have. The Constitution lists many rights and freedoms, but it
is not totally inclusive. It would be impossible to list every right that you enjoy as a citizen of our American
Democracy. The Ninth Amendment guarantees that these other rights shall not be denied or lessened because they
are not enumerated in the Constitution.
THE TENTH AMENDMENT prohibits the Federal government from going beyond the powers given to it by the
Constitution. This Amendment reserves any power not given to the Federal government, and not prohibited to the
States, to the individual States, or to the People.
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Not bad for an over two hundred year old, 362 word document, which with equal justice protects Madonnas right
to express "Freedom of speech is as good as sex",
the creator of Beetle Baileys right to pun, you and yours trulys myriad rights!
The Bill of Rights . . . the most precious rights you have.
Celebrate it!
Defend it!
Use it!
Your author, Barry J. Lipson, thanks the Kiwanis Club of Pittsburgh, Inc., and the Greater Pittsburgh Chapter of the
American Civil Liberties Union, who respectively sponsored and help prepare the "broadside" entitled "We the
People Celebrating the 200th Anniversary of the Bill of Rights," from which this was adapted. Incidentally, this
broadside was extensively distributed throughout the United States, was translated into Spanish and Russian, and
made its way into the Soviet Union before its fall. You could say that the Soviet government ended up "paying the
price" on the Bill of Rights.
Copyright8 1991-2013 by Barry J. Lipson.
Platos Republic, circa 360 BC.
Barry J. Lipson, Federal Speaking 56, www.scribd.com/doc/34161320/Federal-Speaking-56
iii See Barry J. Lipson, Federally Speaking Patriot Act Compilation Issue,
http://www.scribd.com/doc/34161325/Federally-Speaking-Patriot-Act-Compilation-Issue-by Barry-J-Lipson-May-32003
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