Blog Posts

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...

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...

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...

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...

What follows are two alternative proposals for amendments to the United States Constitution to ban race-based transfer payments, or reparations.
Discuss these daily with friends, families, and elected officials. In this season of race-based hysteria, support for reparations to...

“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....

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...

I have a confession to make: The moment I hear the words “white male privilege” I tune out. Being told that my views need readjustment on account of my race makes about as much sense as kneeling to ask forgiveness of a person of color for the history of American...

Artificial intelligence, that is, the ability of a computer to learn and either to augment or to replace human activity presents profound legal challenges for the criminal law. What to do when your computer assists you in accomplishing a goal, and the result turns out to be a violation...

A bold new body of law will emerge from the COVID-19 crisis. Expect expanded police powers for states, a re-striking of the balance between state and federal governments, and a re-examination of what is reasonable in terms of the Bill of Rights. Expect all that.
But...