Blog Posts


Rethinking the Fourth Amendment

I recall the Watergate hearings in 1973. It was hard to ignore them. They were chaired by Senator Sam Ervin of North Carolina. From time to time, he reached into his jacket pocket to take out a well-worn copy of the United States Constitution. He was a strict constructionist. He thought...

Connecticut's First Trial Of The Pandemic Era

Well, count me among the shocked.
This week, the United States District Court for the District of Connecticut did what I thought would be impossible. It found jurors ready, willing and able to sit on a jury trial. Evidence began this morning, in the case of Amica v....

Connecticut Hoping To Resume Jury Trials

I was startled during my annual physical this week when I asked my family physician how much longer he expected the pandemic to require restricted activity. “At least a year,” he said. When I asked him what he thought of my traveling by air in the near term, his answer was...

Social Media, Russia and Our Present Discontent

I’m not sure why Twitter suspended the account of Black Lives Matter leader Sasha Johnson. Her tweet that she wasn’t calling for equality with white people, but, rather, for the enslavement of white folks, was controversial to be sure. But how certain are we she actually...

The Unabomber as Prophet?

I remain hopeful that come Wednesday, November 4, 2020, the republic will still exist, and that the winner of this year’s presidential election will be declared. I even harbor the hope, and the belief, that should President Trump lose, there will be a peaceful transition.
...

Kenosha and Our Legitimation Crisis

If you want to know what a legitimation crisis is, look no further than the streets of Kenosha, Wisconsin. At night, you will see buildings burning. This in response to the police shooting of a young man named Jason Blake.
Jason is black.
The officer...

The Racial Preference War At Yale

Look no further than the federal Department of Justice’s accusation that Yale University engages in racial discrimination in its admissions policies if you want to understand the widening racial fault lines in American politics. And consider Yale’s response to the...

The Hidden Promise, And Terror, Of Artificial Intelligence

As I watch the nation transform itself into the Failed States of America, I struggle with what the future will hold. My best guess? Long after the union has crumbled, we’ll be coping with, and relying upon, artificial intelligence (AI).
Indeed, I spend a fair...

Welcome to the World of "Reasonable Robots"

The development and adoption of the automobile changed forever personal injury law. The common law era of horses and buggies gave way to manufacturing, high speeds and unforeseen injuries. First came the car, then the law involving accidents with cars. Technology is always a step or two...

Turow's "Last Trial" A Masterpiece

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...

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