Blog Posts


Let's Deconstruct Critical Race Theory

Rhetorical choices define our options in life. What you see conceptually is, in a sense, what you can aim at in terms of strategic behavioral choices. And so, in this era of so-called “Critical Race Theory,” I say we lay bare the choices the theorists are making. It’s...

Yo, Can You Spare Forty Acres And A Mule?

It was obvious to me one year ago that the pandemic would yield a time of extraordinary social tumult. Indeed, just over one year ago, I wrote in these pages about the general strike theory of the pandemic, how the viral contagion would be turned into an occasion to try to recast the...

Reparations in Evanston -- Even Vonnegut Couldn't Sell This Plot

Evanston, Illinois is a university town, so I expect a certain amount of irresponsible silliness to emerge from its town hall. But using a sales tax on marijuana to fund reparations payments to black town residents is something even Kurt Vonnegut would have a hard time selling as fiction.
...

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...

Hartford Overreacts To "Dead Pool"

I am not sure why anyone with a choice in the matter would choose to serve as a police officer in the City of Hartford. It’s not that the city faces major financial and social difficulties – some folks call it Little Chicago for a reason, its streets run with the blood of...

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...

Confessions of a Reluctant Originalist

I was a horrible law student, so horrible, in fact, that I am surprised my school, the University of Connecticut, graduated me, with honors, no less. I wish I could attend law school all over again.
What made me so horrible?
I blame my high school...

Covidtopia, the Courts and Pro Se Litigants

Here’s a wrinkle I didn’t foresee in Covidtopia, our brave new world bounded by the pandemic.
A colleague of mine appeared in court in central Connecticut this morning. This in and of itself is remarkable. There are no jury trials taking place, and there...

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...

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....

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