20 • LEGALLY SPEAKING
WWW.AMERICANISRAELITE.COM
Deining cruel and unusual punishment
This column will be dificult to
read.
In 1985, Romell Broom was convicted and sentenced to death for the
aggravated murder, rape, kidnapping,
and attempted kidnapping of fourteen
year old Tryna Middleton. His death
sentence was afirmed on appeal in
1988. After exhausting all his state
and federal remedies, his execution
was set for September 15, 2009.
Execution day arrived. In Ohio
death is by lethal injection. But the
execution attempt failed. Quoting
from the opinion of the Supreme
Court of Ohio:
“Team Member 9 made three
attempts to insert a catheter into
Broom’s left arm but was unable to
access a vein. At the same time, Team
Member 21 made three unsuccessful
stabs into Broom’s right arm. After
a short break, Member 9 made two
more insertions, the second of which
caused Broom to scream aloud from
the pain.” At one point, Broom covered his eyes and began to cry from
the pain.
In short, the execution team failed
after approximately two hours to
place an IV catheter, pricking Broom
a total of eighteen times-once in each
bicep, four times in the left forearm,
three times in his right forearm, three
times on the left wrist, one time on
the back of his left hand, three times
on the back of his right hand, and
once on each ankle. A doctor later
said that the actual number of catheter insertions was much higher than
the number of punctures because
the medical team would “withdraw
the catheter partway and then reinsert it at a different angle.” Finally,
then-Governor Strickland called off
the execution attempt.
Broom argued to the Supreme
Court of Ohio that any further attempt
to execute him would constitute cruel
HARVARD from page 16
against Israeli oficials with such frequency that it became a source of national embarrassment. As our Jewish
defenders of El–Qoulaq undoubtedly
know, but did not take the trouble to
mention in their letter to the Harvard
Crimson, the U.K. had enough of this
lawfare and modiied the warrant law
in 2011. This was in direct response
to the Livni warrant two years earlier
and the law’s abuse.
and unusual punishment and double
jeopardy. In a 4-3 decision released in
March, the court rejected both arguments. Justice Judy Lanzinger wrote
the majority opinion joined by Justices O’Donnell, Kennedy, and Chief
Justice O’Connor. Justices French,
O’Neill and Pfeifer dissented.
Let’s consider double jeopardy.
A person can’t be tried or punished
twice for the same offense. The U.S.
and Ohio Constitutions have identical
provisions prohibiting this. Broom
argued that jeopardy attached with
the irst insertion of the needle, and
that he had a reasonable expectation
in the inality of his death sentence
on September 15, 2009, because
Ohio law requires a death sentence to
be carried out on the day designated
by the court. The majority rejected
this argument. Why? Since no lethal drugs ever lowed into Broom’s
veins, everything else that happened
was mere preparation.
This same reasoning—no lethal drugs ever lowed into Broom’s
veins—also forms the grounds on
which the majority rejected Broom’s
cruel and usual punishment argument. The Eighth Amendment to the
U.S. Constitution forbids cruel and
unusual punishment.
The settled federal law in this
area is that punishments are cruel
if they involve torture, a lingering
death, or the unnecessary and wanton
inliction of pain. Wondering what
some examples might be? Live disemboweling, beheading, quartering,
burning alive, and public dissection.
But the Supreme Court of Ohio majority noted that the U.S. Supreme
Court has never struck down a speciic method of execution as cruel
and unusual. So, objective evidence
of pain in the challenged method is
supposedly key.
Here’s what is now required under the U.S. Supreme Court’s most
recent death penalty jurisprudence:
“A prisoner’s challenge to a
method of execution under the
Eighth Amendment will fail unless
the prisoner establishes that the method of execution presents a substantial
risk of serious harm that is objectively intolerable and prevents prison oficials from claiming that they
were subjectively blameless… It is
not enough that a prisoner shows that
there is a slightly or marginally safer
alternative. Instead, the prisoner must
identify an alternative that is ‘feasiDistinguished Jewish scholar
Daniel Gordis noted on his Facebook
page that we are a sick people, and the
letter in defense of El–Qoulaq conirms it. We do have among us people
who seem to have found a need for
identifying with their aggressors.
Abraham H. Miller is an emeritus professor of political science at
the University of Cincinnati and a
distinguished fellow with the Haym
Salomon Center.
ble, readily implemented, and in fact
signiicantly reduce[s] a substantial
risk of severe pain.’ ”
Fortunately, there is only one
reported federal case like Broom’s
where an execution attempt failed,
and it was from 1947 when the electric chair malfunctioned in Louisiana. But there was no clear precedent
from that old case, since it was a
4-4 tie, with the 5th vote siding with
the justices who found no Eighth
Amendment violation, but not on any
ground having to do with the merits
of that issue.
Relying on that 1947 case,
though, the Supreme Court of Ohio
majority found there is no per se prohibition against a second execution
attempt under the Cruel and Unusual Punishment clause of the Eighth
Amendment. The court found that in
carrying out the execution, the state’s
intention was not to cause unnecessary physical pain or psychological
trauma, and what Broom had already
suffered did not equate with the
type of torture banned by the Eighth
Amendment.
The rest of Broom’s appeal revolves around Ohio’s execution
protocol. The majority acknowledges that the state failed to follow its
protocol in Broom’s case, and that
“compliance with execution protocols is the best way to avoid the risk
of severe pain, but deviation from a
protocol is not an automatic constitutional violation.”
Ohio of course has been in endless litigation in federal court about
its execution protocol. That’s a whole
other sordid chapter in this area of
law. But the majority concludes here
that Ohio has executed 21 people
since Broom without incident. So,
the fact that Ohio failed to follow
its own execution protocol was not
enough for Broom to win his appeal.
There were three dissenters
in Broom’s case. They found that
Broom’s execution team was lat out
incompetent, and that both the way
and the number of times the medical
team improperly inserted the catheters in Broom’s case was likely to
cause great pain. They found that the
state is still having dificulty with its
drug protocol, and that the state, not
Broom, must prove what went wrong
here, and that it will not happen again
in the future.
As horrible as all of this is, it
may—temporarily at least—be academic, because Ohio presently does
not have the necessary drugs to execute anyone. Even though the court
continues to set execution dates well
into 2019, all executions are presently on hold. The Europeans refuse to
export the drugs that have proven
reliable in the past for this purpose,
and Ohio and other states that still
have the death penalty are struggling
to ind an acceptable substitute drug
“cocktail.”
It’s possible that Broom’s case
may make it to the U.S. Supreme
Court. If so, I’ll report further.
A Legal Look at forming
a business entity in Ohio
Do you have a new business idea
for a product or service? If so, before you start selling your product or
service, you need to think about the
legal consequences of what type of
business entity you should form.
The irst question you should ask
is whether you should be self–employed or create a new business entity such as a corporation, partnership,
or limited liability company (LLC).
In most cases, forming either a
corporation or an LLC allows you
to protect your personal assets in
case of a lawsuit or claims against
your business unless you expressly
agree to be personally liable in writing. This also includes any business
debts and obligations of the entity.
When starting a business, you want
to be sure not to put your personal
assets at risk. In the event you are
ever sued and you have not formed
a corporation or an LLC, all of your
personal assets, including but not
limited to your home, bank accounts,
stock shares, etc. are exposed should
a court judgment against your business occur. By forming a corporation
or LLC, you may be able to create
a barrier between the business assets
and your own personal assets. In
addition, forming a corporation or
LLC protects your product or service
brand and business name. Finally,
forming a corporation or LLC may
give your business lexibility and tax
beneits.
If you are thinking about going
into business with another person,
there are several things you should
consider. Depending on the entity
formation you choose, you could
end up being liable for your own
debts and actions as well as those
of your business partner, whether or
not you have control. Consequently, you should give a great deal of
thought before committing yourself
to such a business arrangement. To
help alleviate personal risk, you are
well advised to seek counsel from an
attorney or other professional with
business start–up expertise.
People thinking about starting a
business often will ask, what is the
best choice of business entity for
me? Currently, an LLC is the most
popular business entity. Like a corporation, an LLC limits your liability, but is treated, for tax purposes,
according to your selection of how
you wish the entity to be treated for
income tax purposes. Because of
this, you should always consult with
an attorney before deciding whether
an LLC is the best option for you.
With regard to forming a corporation, you will need to decide
whether you want to elect having an
S–Corporation or a C–Corporation.
So, what is an S–Corporation or a
C–Corporation?
A C–Corporation is legal entity
separate and distinct from its owners.
The corporation issues ownership interests (”shares”) to “shareholders.”
The shareholders elect the board
of directors. The directors, who are
entrusted with managing the corporation, elect the oficers. The oficers
operate the corporation under the
board’s direction. The shareholders, the directors, and the oficers
are generally not responsible for the
debts and obligations of the corporation. The corporation’s proits are
distributed to the shareholders in the
form of dividends. In addition, a C–
corporation is taxed twice: irst, at
the corporate level, when income is
received, and second, when income
is re–distributed to shareholders.
Finally, a person who is merely a
shareholder of the corporation will
almost always be absolved of liability for any of the corporation’s debts
and obligations.
In contrast, an S–Corporation
is similar to a C–Corporation, but
is taxed as a “pass–through entity,”
meaning that the owners pay taxes
on all business proits on their individual tax returns (i.e., the business
income “passes through” the business to the owners’ personal tax
returns and business proits are not
“double taxed”).
Creating a legal business in Ohio
is very easy. To set up a corporation,
LLC, or other business formation,
one simply has to complete and
sign a small amount of written paperwork, ile it with the Ohio Secretary of State, and pay a iling fee.
Although the necessary papers are
available on the Ohio Secretary of
State website, it is advisable to see
an attorney since the website does
not have an operating agreement or
other governing documents for you
to ill in. For instance, to create a legally binding LLC, you merely have
to submit a two–page online Articles
of Organization and send the Secretary of State a check for the iling fee.
But to avoid having the State decide
by statute how your business activities will be handled, you must have
an operating agreement or similar organizational document for the entity.
And for that, it is recommended you
see an attorney as well as an accountant for their expertise and guidance
so you protect yourself to the fullest
extent possible.
JEWISH LIFE / OBITUARIES • 21
THURSDAY, MAY 5, 2016
Advice to the mother of the groom and her son
Okay, I admit it. My youngest
son – the baby in our family – is
getting married this weekend. Am
I ready? Is any mother ever ready?
My speech (Keep it short,
mom, I am warned) is written.
My dress (Don’t go too fancy,
Mom) has been altered.
My hair (Please don’t go for
the wild, curly look, Mom) has
been colored and cut.
My photo list (Mom, go easy
on the amount of pictures you are
requesting we take) is submitted.
Along with who sits with whom.
All is ready, except me. I am
not ready to let go – to give this
son to another woman and to share
him with so many.
So here’s some advice to myself:
Buck up, Iris – it’s not about
you.
Don’t personalize casual remarks.
Don’t let your own insecurities
mar the moment.
Remember that you are loved
as much as ever, even though you
may not be needed as much as before.
Let him go with grace and hope
he comes back with vigor.
Embrace his bride and hope
she meets you halfway.
Don’t compare. Stay off Facebook.
And practice the arts of mindfulness and gratitude.
O BITUARIES
ALLEN, Barbara Bettman
Ms. Barbara Bettman Allen
was born Barbara Bettman in
Cincinnati on Jan. 26, 1928 to Arthur and Helen (Rauh) Bettman,
the fourth generation in a family
of German Jewish immigrants.
The family was deeply patriotic.
During WWII the Bettmans decamped to San Francisco, where
Arthur Bettman, a WWI veteran
and owner of the Liberty Cherry
Co., volunteered in the Army quartermaster’s ofice. Barbara, then
16, was introduced to her future
husband, Richard Allen, a fellow
Cincinnatian who was studying
Chinese at the University of California, Berkeley, before being deployed to the Far East. On dates,
they sat on a staircase near Lyon
St. looking out at ships passing beneath the Golden Gate Bridge.
Ms. Allen attended Bryn Mawr
College for three years until her
marriage in 1948, and completed
her English degree at the University of Cincinnati in 1950.
The couple was committed to
maintaining the racially integrated character of North Avondale,
where they lived from 1951 until
2014. They helped lead the North
Avondale Neighborhood Association, which opposed red-lining and
supported the integration of North
Avondale School, attended by all
ive of their children. In the late
1960s, the two North Avondale
synagogues, centers of Jewish life
since the 1920s, moved to the suburbs with much of their congregation. The Allens remained engaged
in the community. Ms. Allen often
walked to the Cincinnati Zoo or to
Barbara Allen
her job at the medical center along
streets where she picked up trash
and broken bottles when she saw
them.
“The words ‘social justice’ and
‘activist’ were not words she ever
used to describe what she did – but
she was always busy making life
better for others,” said her daughter Emily Allen, of Pasadena, CA.
“Her good work touched thousands of people but she was lowkey - it was just what you did.”
In 1967 with her close friend
Marian Brown, Ms. Allen created
a library at North Avondale School
and ran it for ive years. In 1969,
while obtaining a master’s in
health administration, Ms. Allen
became administrator of the new
Adolescent Clinic at Children’s
Medical Center, a model institution for the specialty of adolescent
medicine. She remained there until
1982, when she was hired by the
Cincinnati Institute of Fine Arts as
a fundraiser and event organizer.
In 1986, she joined Marian Brown
again as a partner in a consultancy
that helped fundraise for Cincinna-
A message to my son, the
groom - from me, the mother of
the groom:
Louie. Louie.
Louie. My last born. My baby. The
youngest of my ive sons.
You started out unique – being
born during a total solar eclipse
– hence the name Eclipse Louie.
And for those unscientiic types –
most of our family at least – let’s
refresh our memory – a total solar eclipse occurs when the moon
comes between the earth and the
sun and blocks it. The only thing
that can be seen is a circular band
of bright light around the sun. And
Lou, for all of us, you are and always have been a great source of
bright light in our lives.
Two words come to mind to
describe you: Symmetry and Balance
Symmetry because never had
I seen a face whose features were
so perfectly aligned at birth than
yours. Unfortunately that didn’t
last long. With your characteristic
total disregard for your body, you
broke your gorgeous nose (with
the aid of a few friends and baseball, basketball and soccer) not
once, but four times, before graduating high school. So much for
symmetry.
You also had and have an exquisite sense of balance. School
work during the week and plenty
of fun and frolicking on the weekends. As an adult, working hard
and playing hard too. Your sense
of balance has also contributed
to you being referred to as “the
daughter mom never had.” Why?
Because you give the best hugs,
still conide in me on occasion and
always are quick to tell me you
love me. However, you balance
this out with being upfront and
honest when I am in the wrong
or being illogical or irrational –
which, of course, I rarely am.
You are close to mama, but
not a mama’s boy. How could you
be with four brothers constantly
pushing you to man up?
This weekend marks a mile-
ti charities. These included Caracole, which provides housing and
services for people and families
living with HIV/AIDS, Friends of
Findlay Market, and the Little Red
Schoolhouse. She was instrumental in funding and orchestrating the
creation of the Women’s, Gender
and Sexuality Studies program at
the University of Cincinnati.
Paul Sittenfeld, Walnut Hills,
and a long-time friend of Ms.
Allen remembers: "As a professional and as a volunteer, Barbara
blended remarkable intellect, the
ability to be critical without being
unloving, and a focus on moving
important causes forward. The
Adolescent Clinic and music education throughout area schools are
but two of many parts of the rich
legacy she leaves. Very simply,
she made a difference."
Ms. Allen was vice president
of the Cincinnati Board of Health
from 1982-1985 and a board member of WGUC. She spent nearly
half a century raising funds for her
beloved alma mater Bryn Mawr
College, chairing its alumnae fund
from 1981-1984, a period in which
giving doubled to $1 million annually. In the 1990s, Ms. Allen
served as a trustee of the college
for several years.
Ms. Allen was a lifetime subscriber to The New Yorker magazine and a proliic reader of serious
iction, digesting some 5,000 novels over the years of her marriage;
most were checked out of the St.
Bernard branch of the Cincinnati
Public Library.
Barbara Bettman Allen, a leading Cincinnati charity fundraiser,
feminist and champion of progressive causes with friends across
many generations, passed away
after a long illness Saturday, April
23 in Pasadena, California, at age
88.
She is survived by her husband
of 67 years, Richard H. Allen, as
well as four children, 11 grandchildren and four great-grandchildren. She was buried Tuesday at
Home of Peace Cemetery in Los
Angeles. A memorial service will
be held in Cincinnati in June.
She is survived by children
Nick Allen (Martha Kowalick) of
Occidental, Calif.; Emily Allen
of Altadena, Calif.; Arthur Allen
(Margaret Talbot) of Washington,
D.C.; and Susie Allen (Richard
DiCarlo) of New Orleans. Another daughter, Katie Allen, died in
Oakland, Calif., in 2002, the same
year that Ms. Allen’s sister, Linda
Bettman of Rome, Italy, passed
away.
Her grandchildren include
Benjamin Coates (Vivian) of Winston-Salem, N.C.; Julian Feeley
(Phoebe) of Santa Cruz, Calif.,
Andrea Allen; Alexandra and Jake
Kowalick-Allen; Ike and Lucy
Allen; Rennie and Lyle DiCarlo;
step-grandchildren Sophie and
Arianna Kandell, and great-grandchildren Emma and Juniper Coates
and Josie and Aesop Feeley.
Memorial gifts can be sent to
Bryn Mawr College, c/o the development ofice, 101 North Merion
Avenue, Bryn Mawr, PA 19010, or
made online at https://secure.brynmawr.edu/campaign/.
Information about the memorial service is
available at [email protected]
RABKIN, Morton
Morton Rabkin, 79, of Boquete, Chiriqui, Panama, formerly
of Cincinnati, Ohio, died April 27,
stone. You are joining with another
in matrimony and by extension –
her family too. Joia is thoughtful,
kind, low-key, family oriented not
just to her own family but ours as
well, and beautiful on the inside
and out. And her family, since the
moment we met them, have gone
out of their way to make us comfortable and welcome.
Milestones call for advice.
Though my days of active parenting are past, here’s a bit of wisdom
I’d like to pass on to you.
Louie, remember: Happy wife.
Happy life.
And to Louie and Joia:
May you have much joy in the
coming years of marriage,
May you have the strength to
endure any sorrows that cross your
path
And may you both be blessed
with a son as ine as the one I gave
birth to during the solar eclipse, 32
years ago this month.
Morton Rabkin
2016 (19 Nissan 5756). He was
the son of Isaac Rabkin and Esther Cramer Rabkin and adoptive
mother Anabell Rabkin. He was
predeceased by his brothers Richard Rabkin and Sigfried Rabkin.
He leaves behind his beloved wife
Barbara Hyman Rabkin; his sons
Stuart, Michael (Naomi), and Daniel; and grandchildren Zoe, Jolene
and Talia. He was cherished by
many cousins, nieces, nephews,
and friends around the world. His
dog Maggie was always at his side.
Morton died peacefully at his
home in Boquete after living life
to the fullest. He was endlessly curious, enterprising and innovative,
and he saw opportunity where others might see adversity. His motto
was “No es us problema, es una
oportunidad.”
He graduated from Walnut Hills High School (1954),
Brandeis
University
(1958),
and University of Michigan
School of Law (1961). During college, he was a New England fencing
champion, and he served in the
Continued on the next page