Above the Ground

Dan Lawton

I’m a writer and lawyer. My short fiction and columns have appeared in The Recorder, Los Angeles Daily Journal, The Pensive Quill, The Daily Transcript, and Sheepshead Review. “Above The Ground: The Kevin Barry Artt Story,” is my first work of narrative nonfiction. Here are a few endorsements: “A startling, memorable forensic account of British rule in Ireland.” Seamus Deane (Irish historian; editor, The Field Day Anthology of Irish Writing; author, Reading in The Dark) “Dan Lawton’s book tells the whole story. And what a story — filled with riveting detail that reminds us that every single one of our lives can make a difference, and change happens in our fragile, broken world because that single person is willing to say, I am who I am.” Alan Abrahamson (Best-selling author (No Limits: The Will to Succeed, with Michael Phelps, and Zero Regrets: Be Greater than Yesterday, with Apolo Ohno) “It sounds like the fictional plot of a blockbuster thriller. . . . Yes, it’s the story of one man’s life, Kevin Barry Artt. But with his lawyer’s eye and passion to expose injustice, Lawton makes this a timeless and borderless tale . . . [A]n essential piece of reading for anyone who hopes to understand not only the Irish conflict, but how the rule of law can be subverted in any divided society.” Michael Beattie (former Head of News and Current Affairs at Ulster Television, producer of television documentaries ‘Unlocking the Maze’ (UTV 1983) and ‘Breakout’ (BBC 2008) “A gripping tale of survival and redemption which combines elements of true crime, courtroom drama, and a daring prison escape. . . . ‘Above The Ground’ answers urgent and timeless questions: What price do nations pay when they abandon the rule of law in order to crush terrorism? Why do innocents falsely confess to crimes they don’t commit? Despite the best efforts of police and paramilitaries to ruin his life, how does a victim of those efforts not become embittered? . . . [O]ne of the best books ever written by an American about Northern Ireland and a must read for those interested in promoting peace.” Nancy Soderberg (Former deputy assistant to the President for national security affairs (1993-1997); author, The Superpower Myth: The Use and Misuse of American Might) “This is an extraordinary book that works on multiple levels. It is first of all a vivid narrative of a victim caught up in forces beyond his control, meticulously researched and compellingly told. Beyond that, this account conveys the torments of the time of Troubles in Northern Ireland in almost visceral reality. . . .[I]if one were to read just one book on this traumatic passage in Irish history, this would be the recommended choice.” Alan Dowty (Author and historian) “The story is as old as time - injustice, oppression and the fight -- in this case the flight -- for freedom. But there is a contemporary feel to this Troubles tragedy. What is terrorism? How does a government fight it? What are the limits? Who are the victims? With Dan Lawton’s steady hand this timeless story unfolds and enfolds with gripping prose deepened by painstaking detail and a panoramic view.” Major Garrett (Chief Washington Correspondent, CBS News; author, Mr. Trump’s Wild Ride) Here are citations to some of my published work: “A Lion in Winter: Senior Circuit Judge J. Clifford Wallace at 92” (California Litigation, vol. 34, no. 3, January 2022); “The Essential Scalia: On the Constitution, the Courts, and the Rule of Law, edited by Jeffrey S. Sutton and Edward Whelan” (California Litigation, vol. 34, no. 1, April 8, 2021); “Annexation, Legally Speaking (Los Angeles Daily Journal, August 20, 2019); “The Most Newsworthy Part of a Person’s Entire Life” (Los Angeles Daily Journal, May 29, 2019); “Freshly Cut Grass and Protective Netting” (Los Angeles Daily Journal, April 3, 2018); “Open NCAA Basketball Tournament to all Teams” (Los Angeles Daily Journal, March 16, 2018); “Which Office Do I Go to to Get My Reputation Back?” (Los Angeles Daily Journal, December 15, 2017); “Players’ Protests a Pointless, Costless Joke” (The Daily Transcript, October 3, 2017); “San Diego’s Marvelous, Artless New Courthouse” (Los Angeles Daily Journal, June 9, 2017); “The Elephant in the Originalism Room” (April 17, 2017) (Los Angeles Daily Journal, April 17, 2017); “Awaiting an Apology: The Abduction of Edgardo Mortara (The Daily Transcript, April 14, 2017); “Lawyer, Lawyer, Pants On Fire” (Los Angeles Daily Journal, March 13, 2017); “Telling Truth About Racial Profiling” (San Diego Union-Tribune, August 5, 2016); “Springsteen’s – and Trump’s – America” (Los Angeles Daily Journal, June 21, 2016); “Somehow We All Made it Through Last Monday: Tax Day” (Los Angeles Daily Journal, April 26, 2016); “American Exceptionalism and Michael Townley” (Los Angeles Daily Journal, March 8, 2016); “End the Incivility Plague in Our Profession” (Los Angeles Daily Journal, September 4, 2015); “Sometimes, Lawyers Work Against Human Rights” (Los Angeles Daily Journal, August 19, 2015); “Brady Tosses Lawyers Some Lessons” (Los Angeles Daily Journal, August 5, 2015); “Lawyers Turned Venture Capitalists: A Cautionary Tale” (Los Angeles Daily Journal, July 17, 2015); “The Hated, Caustic, and Honest Scalia” (Los Angeles Daily Journal, July 10, 2015); “The Frontiers of Golf, Law and Capital Markets” (San Diego Daily Transcript, June 24, 2015); “Cochran Legacy a Model for Young Lawyers” (Los Angeles Daily Journal, June 10, 2015); “Take A Closer Look at Physician-Assisted Suicide Bill” (Los Angeles Daily Journal, May 27, 2015); “A Major Moment for the Major Leagues” (Los Angeles Daily Journal, April 22, 2015); “Untouchable: The Problem of Prosecutorial Misconduct (San Diego Daily Transcript, April 8, 2015); “Ending Prosecutorial Unaccountability (Los Angeles Daily Journal, April 2, 2015); “SDSU: No. 1 In Your Heart, No. 64 in the Classroom (San Diego Daily Transcript, March 25, 2015); “Lessons in Business, Courage, and Service” (The Daily Transcript, March 10, 2015); “I Dare You, Mr. Mayor” (The Daily Transcript, January 23, 2015); “Never Having to Say You’re Sorry” (Los Angeles Daily Journal, December 29, 2014); “What Would Jesús Do?” (The Sheepshead Review, Fall 2014); “John Lennon and His American Lawyer” (Los Angeles Daily Journal, December 2, 2013); “Moving Your Law Offices: Too Much Stuff,” (Los Angeles Daily Journal, October 22, 2013); “Lessons Abound from Peace Accord Negotiations” (Los Angeles Daily Journal, May 24, 2013); “The Devilish Things Courts Do” (The Recorder, May 13, 2013); “Torturous Logic, Ten Years Later” (The Recorder, May 6, 2013); “Norb Ehrenfreund and the International Criminal Court” (Los Angeles Daily Journal, February 7, 2013); “Fraud Statute Invites Bogus Corruption Charges” (Los Angeles Daily Journal, October 30 and November 5, 2012); “Sister Kathleen Marie and the Code of Canon Law” (San Diego Source – the Daily Transcript, July 30, 2012); “Andy Griffith, William Rehnquist, and a ‘Man in a Hurry’” (Los Angeles Daily Journal, July 9, 2012); “Flood v. Kuhn: Fortieth Anniversary of Justice versus the Law” (Los Angeles Daily Journal, May 29-30, 2012); “Thomas Tang, Robert Boochever, and the War between Justice and Law” (Los Angeles Daily Journal, October 29, 31, 2011); “Drama at the Diamond: The Donnelly Pine Tar Incident of 2005” (Los Angeles Daily Journal, July 25-26, 2011); “An Open Letter from Frank McCourt to Bud Selig” (Los Angeles Daily Journal, June 28, 2011); “A Lawyer Looks at Fifty” (Los Angeles Daily Journal, June 22, 2011); “The Day Lawyers Took Over Baseball” (Los Angeles Daily Journal, May 17-18, 2010); “Untouchable” (Los Angeles Daily Journal, March 29, 2010); “The Great Fire Sale” (Los Angeles Daily Journal, February 17-18, 2010); “For Lawyers and Politicians Alike, Regret Can Be a Valuable Thing” (Los Angeles Daily Journal, January 9, 2009); “Beyond Civility Codes” (Los Angeles Daily Journal, August 14, 2007); “Living in an Age of Phony Apologies” (Los Angeles Daily Journal, February 24, 2004); “Fair Shake? Arbitration Industry Has No Incentive to Reform a System That Serves It Well” (Los Angeles Daily Journal, July 24, 2002); “Torts Need No Reform; Laws Already Protect Real Victims” (Los Angeles Daily Journal, September 4, 2001). I was born in Los Angeles and raised in Fullerton, California, along with my three younger brothers. I earned my undergraduate degree at the University of Notre Dame in South Bend, Indiana, and my law degree at Georgetown University Law Center in Washington, D.C., where I worked as a research assistant to the late Barry Carter. Afterward, I served for one year as a law clerk to Ninth Circuit Judge Thomas Tang in Phoenix, Arizona. After moving to San Diego, I practiced law full-time, starting at a large law firm before opening my own private practice in 1995. There I trained several young lawyers, all of whom had been my law students at Thomas Jefferson School of Law, where I have taught appellate advocacy on and off since 2001. In 2018, I put my law practice on hold to take a sixteen-month sabbatical, which I devoted to researching and writing “Above The Ground.” In late 2019, I joined the San Diego office of Klinedinst PC. I practice there today in the firm’s appellate practice and commercial litigation groups. When not writing, practicing law, or teaching, I enjoy ocean swimming, exploring the open spaces of San Diego and California, and following the fortunes of the Los Angeles Angels baseball club. ****** Here are a few endorsements: “A startling, memorable forensic account of British rule in Ireland.” Seamus Deane (Irish historian; editor, The Field Day Anthology of Irish Writing; author, Reading in The Dark) “Dan Lawton’s book tells the whole story. And what a story — filled with riveting detail that reminds us that every single one of our lives can make a difference, and change happens in our fragile, broken world because that single person is willing to say, I am who I am.” Alan Abrahamson (Best-selling author (No Limits: The Will to Succeed, with Michael Phelps, and Zero Regrets: Be Greater than Yesterday, with Apolo Ohno) “It sounds like the fictional plot of a blockbuster thriller. . . . Yes, it’s the story of one man’s life, Kevin Barry Artt. But with his lawyer’s eye and passion to expose injustice, Lawton makes this a timeless and borderless tale . . . [A]n essential piece of reading for anyone who hopes to understand not only the Irish conflict, but how the rule of law can be subverted in any divided society.” Michael Beattie (former Head of News and Current Affairs at Ulster Television, producer of television documentaries ‘Unlocking the Maze’ (UTV 1983) and ‘Breakout’ (BBC 2008) “A gripping tale of survival and redemption which combines elements of true crime, courtroom drama, and a daring prison escape. . . . ‘Above The Ground’ answers urgent and timeless questions: What price do nations pay when they abandon the rule of law in order to crush terrorism? Why do innocents falsely confess to crimes they don’t commit? Despite the best efforts of police and paramilitaries to ruin his life, how does a victim of those efforts not become embittered? . . . [O]ne of the best books ever written by an American about Northern Ireland and a must read for those interested in promoting peace.” Nancy Soderberg (Former deputy assistant to the President for national security affairs (1993-1997); author, The Superpower Myth: The Use and Misuse of American Might) “This is an extraordinary book that works on multiple levels. It is first of all a vivid narrative of a victim caught up in forces beyond his control, meticulously researched and compellingly told. Beyond that, this account conveys the torments of the time of Troubles in Northern Ireland in almost visceral reality. . . .[I]if one were to read just one book on this traumatic passage in Irish history, this would be the recommended choice.” Alan Dowty (Author and historian) “The story is as old as time - injustice, oppression and the fight -- in this case the flight -- for freedom. But there is a contemporary feel to this Troubles tragedy. What is terrorism? How does a government fight it? What are the limits? Who are the victims? With Dan Lawton’s steady hand this timeless story unfolds and enfolds with gripping prose deepened by painstaking detail and a panoramic view.” Major Garrett (Chief Washington Correspondent, CBS News; author, Mr. Trump’s Wild Ride) Here are citations to some of my published work: “A Lion in Winter: Senior Circuit Judge J. Clifford Wallace at 92” (California Litigation, vol. 34, no. 3, January 2022); “The Essential Scalia: On the Constitution, the Courts, and the Rule of Law, edited by Jeffrey S. Sutton and Edward Whelan” (California Litigation, vol. 34, no. 1, April 8, 2021); “Annexation, Legally Speaking (Los Angeles Daily Journal, August 20, 2019); “The Most Newsworthy Part of a Person’s Entire Life” (Los Angeles Daily Journal, May 29, 2019); “Freshly Cut Grass and Protective Netting” (Los Angeles Daily Journal, April 3, 2018); “Open NCAA Basketball Tournament to all Teams” (Los Angeles Daily Journal, March 16, 2018); “Which Office Do I Go to to Get My Reputation Back?” (Los Angeles Daily Journal, December 15, 2017); “Players’ Protests a Pointless, Costless Joke” (The Daily Transcript, October 3, 2017); “San Diego’s Marvelous, Artless New Courthouse” (Los Angeles Daily Journal, June 9, 2017); “The Elephant in the Originalism Room” (April 17, 2017) (Los Angeles Daily Journal, April 17, 2017); “Awaiting an Apology: The Abduction of Edgardo Mortara (The Daily Transcript, April 14, 2017); “Lawyer, Lawyer, Pants On Fire” (Los Angeles Daily Journal, March 13, 2017); “Telling Truth About Racial Profiling” (San Diego Union-Tribune, August 5, 2016); “Springsteen’s – and Trump’s – America” (Los Angeles Daily Journal, June 21, 2016); “Somehow We All Made it Through Last Monday: Tax Day” (Los Angeles Daily Journal, April 26, 2016); “American Exceptionalism and Michael Townley” (Los Angeles Daily Journal, March 8, 2016); “End the Incivility Plague in Our Profession” (Los Angeles Daily Journal, September 4, 2015); “Sometimes, Lawyers Work Against Human Rights” (Los Angeles Daily Journal, August 19, 2015); “Brady Tosses Lawyers Some Lessons” (Los Angeles Daily Journal, August 5, 2015); “Lawyers Turned Venture Capitalists: A Cautionary Tale” (Los Angeles Daily Journal, July 17, 2015); “The Hated, Caustic, and Honest Scalia” (Los Angeles Daily Journal, July 10, 2015); “The Frontiers of Golf, Law and Capital Markets” (San Diego Daily Transcript, June 24, 2015); “Cochran Legacy a Model for Young Lawyers” (Los Angeles Daily Journal, June 10, 2015); “Take A Closer Look at Physician-Assisted Suicide Bill” (Los Angeles Daily Journal, May 27, 2015); “A Major Moment for the Major Leagues” (Los Angeles Daily Journal, April 22, 2015); “Untouchable: The Problem of Prosecutorial Misconduct (San Diego Daily Transcript, April 8, 2015); “Ending Prosecutorial Unaccountability (Los Angeles Daily Journal, April 2, 2015); “SDSU: No. 1 In Your Heart, No. 64 in the Classroom (San Diego Daily Transcript, March 25, 2015); “Lessons in Business, Courage, and Service” (The Daily Transcript, March 10, 2015); “I Dare You, Mr. Mayor” (The Daily Transcript, January 23, 2015); “Never Having to Say You’re Sorry” (Los Angeles Daily Journal, December 29, 2014); “What Would Jesús Do?” (The Sheepshead Review, Fall 2014); “John Lennon and His American Lawyer” (Los Angeles Daily Journal, December 2, 2013); “Moving Your Law Offices: Too Much Stuff,” (Los Angeles Daily Journal, October 22, 2013); “Lessons Abound from Peace Accord Negotiations” (Los Angeles Daily Journal, May 24, 2013); “The Devilish Things Courts Do” (The Recorder, May 13, 2013); “Torturous Logic, Ten Years Later” (The Recorder, May 6, 2013); “Norb Ehrenfreund and the International Criminal Court” (Los Angeles Daily Journal, February 7, 2013); “Fraud Statute Invites Bogus Corruption Charges” (Los Angeles Daily Journal, October 30 and November 5, 2012); “Sister Kathleen Marie and the Code of Canon Law” (San Diego Source – the Daily Transcript, July 30, 2012); “Andy Griffith, William Rehnquist, and a ‘Man in a Hurry’” (Los Angeles Daily Journal, July 9, 2012); “Flood v. Kuhn: Fortieth Anniversary of Justice versus the Law” (Los Angeles Daily Journal, May 29-30, 2012); “Thomas Tang, Robert Boochever, and the War between Justice and Law” (Los Angeles Daily Journal, October 29, 31, 2011); “Drama at the Diamond: The Donnelly Pine Tar Incident of 2005” (Los Angeles Daily Journal, July 25-26, 2011); “An Open Letter from Frank McCourt to Bud Selig” (Los Angeles Daily Journal, June 28, 2011); “A Lawyer Looks at Fifty” (Los Angeles Daily Journal, June 22, 2011); “The Day Lawyers Took Over Baseball” (Los Angeles Daily Journal, May 17-18, 2010); “Untouchable” (Los Angeles Daily Journal, March 29, 2010); “The Great Fire Sale” (Los Angeles Daily Journal, February 17-18, 2010); “For Lawyers and Politicians Alike, Regret Can Be a Valuable Thing” (Los Angeles Daily Journal, January 9, 2009); “Beyond Civility Codes” (Los Angeles Daily Journal, August 14, 2007); “Living in an Age of Phony Apologies” (Los Angeles Daily Journal, February 24, 2004); “Fair Shake? Arbitration Industry Has No Incentive to Reform a System That Serves It Well” (Los Angeles Daily Journal, July 24, 2002); “Torts Need No Reform; Laws Already Protect Real Victims” (Los Angeles Daily Journal, September 4, 2001).