Blog Posts

Rhetorical choices define our options in life. What you see conceptually is, in a sense, what you can aim at in terms of strategic behavioral choices. And so, in this era of so-called “Critical Race Theory,” I say we lay bare the choices the theorists are making. It’s...

Legitimacy, the near magical property that distinguishes the use of naked power from lawful authority, is conferred upon the state in three ways, the German sociologist Max Weber taught a century ago. There is tradition, of a sense of authority derived ancient custom and usages; think of...

I am not sure why anyone with a choice in the matter would choose to serve as a police officer in the City of Hartford. It’s not that the city faces major financial and social difficulties – some folks call it Little Chicago for a reason, its streets run with the blood of...

The republic falters and we’re all agog and atwitter about Jeffrey Toobin’s masturbation on Zoom? We’ve managed to transform the old Chinese curse about living in interesting times to something far worse: we live in an age of cheap pathos -- we’re bathed in...

To listen to my father tell it, he crossed the border from Windsor, Ontario into Detroit, Michigan, as a teenager in the late 1930s. He was accompanied by his father. Both were illegal immigrants looking for opportunity. They came from Sfakia, Crete.
I was born in 1955,...

Mark Zuckerberg can afford to be as irrational as he wants to be. The billions he’s made gives him what the magnificently rich call “f@#k you money.” That’s the sort of wealth that permits them to laugh at we lesser mortals, including the government.
...

Connecticut Chief Justice Chase Rogers believes in committees; she also believes in transparency. So I was curious to see what her committee of judges and journalists was all about. I accepted the invitation to speak to the committee about the pros and cons of plea-bargaining with...

I’m not hopping on the bandwagon circling the Santa Clara County, California, courthouse. Don’t add my name to the million-plus names of those calling for the scalp of Superior Court Judge Aaron Persky. Far from a goat, Judge Persky is a hero.
Would that there were more judges...

I've noticed a certain uneasiness in the chambers of several judges. They don't like talking about plea bargaining in any public way. Indeed, in one case, the state prepared a draft of a waiver a client was going to sign as a condition of entering a plea. The state included the term "plea bargain"...

Almost everyone pleads guilty to a crime when prosecuted. Some estimates place those pleading guilty, rather than facing trial, at more than 90 percent of all cases. In order to force defendants through the plea bargaining machinery, the law accepts outright hypocrisy. You can, for example, plead...