As I’ve been following the semi-furor over Eric Holder’s revelation before a Congressional committee that he hasn’t read the Arizona immigration statute – a law that he’d earlier suggested he’d have the government sue to invalidate – I’ve been wondering how such an approach would work in private practice. In that context, not having read…
Philadelphia’s Fiscal Mess
In a great post on Philadelphia Magazine’s Philly Post, former news anchor Larry Mendte asks why there isn;t more outrage here in Philadelphia in response to the significant tax increases that City Council has dumped on us in what will surely be a losing effort to try and shore up the City’s woeful fiscal situation….
Obama’s Disingenuous Attack on “Judicial Activism”
One of the longest running debates in American politics – and one on which the conservative side has fairly consistently prevailed – involves the proper role of the courts in our Constitutional system. Polls have consistently shown that a solid majority of the electorate agrees that the courts should limit themselves toppling the law, and…
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…
Canseco Subpoenaed To Appear Before Clemens Grand Jury
ESPN reports that Jose Canseco claims to have been subpoenaed to testify before the federal grand jury that is investigating whether Roger Clemens lied to Congress when he said he’d never used steroids. I can only thank goodness that the Justice Department is pursuing such important matters as whether a baseball player lied about using…
Third Circuit Upholds Prohibition on Credit Bid in Philadelphia Newspapers Auction
The incumbent management of the bankrupt company that owns the Philadelphia Inquirer and the Philadelphia Daily News won a significant, but likely short lived, victory in the Third Circuit Yesterday. The Daily News reports that a three judge Thgird Circuit panel has upheld bankruptcy Judge Steven Raslavich’s ruling prohibiting the company’s creditors from using the…
Supreme Court to Hear Skilling Appeal
The Wall Street Journal reports that the US Supreme Court has agreed to hear former Enron CEO Jeff Skilling’s appeal. Now we’ll see if there is any prospect that reason and fairness will prevail in the Enron witch hunt.
Congratulations, Vice Chancellor Laster
I’d like to take this opportunity to congratulate my good friend, Travis Laster, on becoming the newest member of the Delaware Court of Chancery. Travis was sworn in today, and replaces retired Vice Chancellor Lamb on the nation’s premier business law court. Travis is an exceptionally talented lawyer, and a good man. I have every…
Episcopal Church Takes a Kick in the Teeth in South Carolina Property Case
The South Carolina Supreme Court gave the national Episcopal Church (“TEC’) a good kick in the teeth last week when it ruled that one of the former parishes in the Episcopal Diocese of South Carolina, All Saints Church on Pawley’s Island, is the rightful owner of its church buildings and other real property. All Saints, which…
Scrap the SEC
That’s basically the position that Professor Larry Ribstein takes. Market forces (including the media) are more effective in ferreting out and punishing wrongdoing than the folks who somehow missed the Bernie Madoff scam. As usual, I agree with Ribstein