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...

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...

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...

I’ve a confession to make: I’ve not stepped into a courtroom since sometime in early March of this year, and I haven’t missed it one bit.
This is a confession because I am a trial- and appellate-lawyer. I make my living, or at least I used to make my...

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...