Category Archives: Miscellaneous

Is this what they teach in Con Law class at Harvard?

So former Solicitor General and current Harvard Law School Professor tells us that the federal government could, if it were of a mind to, issue a mandate requiring Americans to buy vegetables, and that such a mandate would pass Constitutional muster (thankfully, the good Professor tells us that they couldn’t actually force us to EAT…

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Sit Down and Shut Up? Dahlia Lithwick Gets It Half Right

In an interesting recent piece in Slate, Dahlia Lithwick and Sonja West (a former clerk to retired Supreme Court Justice John Paul Stevens) explore the question of whether and when sitting and retired judges should be free to express their personal opinions on public issues. Lithwick and West conclude that, with respect to sitting judges…

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Right on Crime?

That’s the title, minus the question mark, of a new website launched by the Texas Public Policy Foundation. The site bills itself as “the sone-stop source for conservative ideas on criminal justice.” As a conservative, and as a lawyer involved in the representation of criminal defendants, I will confess to a little confusion over what…

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Looking for deep pocketed 5 year olds

Evidently a New York state judge thinks that its ok to force 5 year old children to defend themselves against lawsuits. What a horrible, disgraceful idea. Any lawyer who files such a lawsuit – not to mention said lawyer’s client – should be ashamed of himself.

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Forget the principal, call the DOJ

The federal government clearly doesn’t have enough important things to do, what with chasing down all the evil old baseball players who used steroids and hounding escort service owners to their deaths. This week brings the news that the feds intend to insert themselves into the process of school discipline. Its not sufficient, apparently, to…

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Short Stay for Lohan

According to one of the British tabloids, looks like Lindsay Lohan will be released from jail soon, having likely served not more than 9 days of a 90 day sentence imposed last week for her for violations of the terms of the probation she was serving for various prior offenses, including charges for drunk driving…

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Its Not Business, Its Personal

During last night’s installment of celebrity apprentice, that’s what Sharon Osborne told Trump when he asked her why she was so emotional during the boardroom confrontation at the end of which Osborne was fired. It happens that the charity for which Osborne was playing was very personal to her, and thus her plea that it…

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Scalia Takes Questions From VA High School Students

On this weekend’s installment of C-SPAN’s “America and the Courts” Justice Antonin Scalia spoke to and took questions from a group of high school students from Virginia (you can view the program at thisĀ linkĀ for a limited period of time). I highly recommend that you take a look if you have any interest in the Supreme…

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Going Neuk(om)lear

http://abajournal.com/images/blawgs/covers/Neukom.jpgFormer Microsoft general counsel Bill Neukom has assumed the presidency of the American Bar Association. Might we hope that, under Mr. Neukom’s leadership, the ABA might perhaps be more attuned to the interests and needs of enterprise?

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Client’s Improper Purpose Not Imputed to Lawyer

The New Jersey Law Journal reports that a New Jersey appellate court has held that attorneys cannot be held liable for malicious prosecution even when their client pursued the underlying litigation for an improper purpose unless the attorneys pursued the case for an improper purpose of their own. In Pennsylvania cases for abuse of process…

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