Blog Posts


John Locke and the Basketball Analogy

The opening moves in John Locke’s Second Treatise of Government have dramatic and rhetorical appeal, even if they lack coherence. Strictly speaking, there was no “state of nature” in which fully capable and competent individuals struck bargains with one another. And...

An Invitation to a Wonderful Wager: Oumuamua's Wager

In the fall of 2017, something extraordinary happened. An object entered our solar system, headed toward the Sun, then rounded the Sun and headed back out of the solar system. The path it took, its apparent luminosity, and the speed at which it traveled, make it unlikely to be a random...

Frankenstein: Artificial Intelligence and the Problem of Evil

Viktor Frankenstein had a vision, a dream, really. Could he create life? He left his hometown of Geneva, Switzerland for a local university. The world learned of his exploits in 1818. Mary Shelley tells his tale in Frankenstein.
I reread the book every so often, and...


Happy Independence Day, I Hope.

I’m thinking we’re on the cusp of what I will call our “Concord Moment.” That’s when a shot fired in anger will be heard coast to coast, if not around the world, as were the shots fired in Concord, Massachusetts in 1775. The 1775 shots galvanized the...

OK, OK. I'm Awake!

“What happened to you?” a good friend wrote the other day. “I remember when you used to be liberal and progressive.”
Here’s the answer.
I got woke. I don’t think I’ve changed at all. The world has, however....

The Republic of CHAZ? Welcome to Woke Chaos

It wasn’t too long ago that I displayed an anarchist flag in my office, oblivious to the contradiction between the flag and my commitment, as a lawyer, to uphold the Constitution and laws of the United States. It took representation of a group of folks walking on the wild side of...

A Speedy and Public Trial Necessary in Minnesota

It will take work to assure that Derek Chauvin, Tou Thao, J. Alexander Keung and Thomas Lane receive fair trials. The four Minneapolis police officers are accused of crimes in the death of George Floyd. It will be a rare juror who has not formed an opinion of some sort before the...

Qualified Immunity Is Only Part Of The Problem

I spent more than a decade suing poiice officers in federal courts under the tutelage of one of the nation’s best civil rights lawyers, John Williams of New Haven. I like to joke that I educated my children on the proceeds of those suits. Federal judges weren’t happy with all...

A Wasteful Bar Disciplinary Process

A remarkable story appeared in the Connecticut legal press last week, but its significance appears to have been missed both by the editors and by those quoted in the story. “Hundreds” of unprocessed complaints against lawyers are awaiting attention in the offices of...

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