Blog Posts


How Much Will Pennsylvania Pay Mr. Cosby?

The Supreme Court of the Commonwealth of Pennsylvania’s decision to vacate the conviction of Bill Cosby and discharge him is a stunning rebuke of the prosecution. Not only is his conviction reversed; the Commonwealth cannot try him again for the sexual assault of Andrea...

Consent, Parental Power and Childhood Vaccination

Among the world’s mysteries is the transformation of naked power into authority. Yes, from time immemorial, there have been those with the means to impose their will on others. But we say, or at least we used to say, that when the state acts, its agents possess not mere power, but...

Some Sobering Lessons Learned In A Year Of Living Cautiously

Fifty-three weeks ago today, I got off of an airplane in Hartford, Connecticut, and headed home to face the pandemic. Since that time, I’ve been in my office with other people once. I’ve been physically within six or so feet of non-family members not at all. I’ve eaten...


Just Say No To The Cuomo Coup

A year ago, I watched New York Gov. Andrew Cuomo to try to catch my bearings as a pandemic struck. Donald Trump was the black beast of politics then. In the contrast media of the cable news cycle, Cuomo came out looking like a white knight. Hell, he wrote a book about it all. He was king...

How Would Jefferson Vote On Trump's Impeachment?

It’s an open question in my mind whether Donald J. Trump committed a high crime or misdemeanor justifying impeachment. Were he a private citizen, I would say there is no question his speech on January 6, 2021, was protected. He no more incited a riot than do cheerleaders at a pep...

Will Trump Testify At His Second Impeachment Trial?

Although the second impeachment trial of Donald Trump has yet formally to begin, I can say this much: The House managers’ impeachment trial brief wins my vote as the better of the two briefs filed.
First a word on process.
An impeachment...


Correcting The Injustice In The Bill Cosby Case


Suppose you were suddenly accused of sexual assault. Your accuser claims that one night, a dozen or more years ago, you crossed a line. You’re arrested, and now publicly accused of rape. In an instant, your reputation is destroyed.
Assume for the moment you...

Will The Pennsylvania Supreme Court Screw Bill Cosby?

The Pennsylvania Supreme Court appeared to ask a lot of the right questions in arguments this week on Bill Cosby’s appeal of his criminal conviction for sexual assault. What worries me are the answers the court is likely to give.
It took two trials for the...

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