The times they are a-changin'

By Tom Wolfe | Phillips Murrah P.C. | The Journal Record

[ JANUARY 7, 2010 - OKLAHOMA CITY, OK ] - "May you live in interesting times." You could perceive this old saying as a wish…or a curse. Either way, if you've been around for the past decade, you've had your share of interesting times. Whether viewed from a political, technological or other perspective, it's safe to say we've just put to bed a decade of change and turmoil—one that had a remarkable impact on the law.

Here's a quick look back—Letterman style—at what are arguably the top 10 legal stories of the decade (and here's hoping the 2010s are more blessing than curse):

10) Tort reform: The momentum of the pro-business backlash took hold, resulting in changes to both federal and state law that significantly impacted our civil justice system.

9) New diversity: In August of 2009, Sonia Sotomayor became the first Hispanic—and only the third woman—to sit on the U.S. Supreme Court.

8) Affirmative action: In 2003, the U.S. Supreme Court affirmed that race can be one of many factors considered by colleges in admission. However, in 2006—and again in a 2008 decision—the court struck admission policies where race was the decisive factor. Expect more to come this decade.

7) Partial birth abortion: For the first time since Roe v. Wade in 1973, the U. S. Supreme Court placed a significant restriction on abortion rights by banning the method of partial-birth abortion.

6) Corporate scandals: Accounting schemes and Enron fallout shocked worldwide financial markets and spawned a legislative response (Sarbanes-Oxley Act) that is debated to this day, criticized as unduly restrictive and anti-business.

5) Juvenile death penalty: The execution of juveniles was reviewed and banned by the U.S. Supreme Court.

4) Same-sex marriage: Legalized by several states, including (of all places) Iowa, but rejected in a few others, including (of all places) California, same-sex marriage was—and continues to be—debated as both a legal and political issue.

3) Bush v. Gore: In December of 2000, the U.S. Supreme Court issued its ruling, effectively deciding the presidential election. Never before had America seen such a close election; never before had the nation's highest court been asked to essentially choose our president. And democracy survived!

2) Worldwide financial meltdown (and Madoff): This would be the 'curse' side of living in interesting times. Not since the Great Depression have we seen an economic crisis that compares with the last two years. The reverberations of government involvement in business and legislative regulations upon financial institutions are among the things that will be felt for generations.

1) War on Terror: There is arguably nothing in America's history that has tested our constitution, laws and values more than the consequences of the terrible events of 9/11. From transportation, immigration, electronic eavesdropping, the Patriot Act, Guantanamo Bay, due process or lack thereof for 'enemy combatants' and beyond, each of us has felt the impact of this event and the resulting legislative and administrative actions.

Bob Dylan probably said it best, singing "The line it is drawn / The curse it is cast / The slow one now / Will later be fast / As the present now / Will later be past / The order is Rapidly fadin' / And the first one now / Will later be last / For the times they are a-changin'."

Happy 2010s!