Blog Posts


In re: Jeffrey Toobin, Grace Abounding or Unbounded Rage?

The republic falters and we’re all agog and atwitter about Jeffrey Toobin’s masturbation on Zoom? We’ve managed to transform the old Chinese curse about living in interesting times to something far worse: we live in an age of cheap pathos -- we’re bathed in...

What To Do About Internet Censorship

Last week’s censorship of the New York Post story regarding Hunter Biden’s business dealings in the Ukraine has renewed calls to take another look at the immunity from suit for libel and defamation provided to social media giants, Facebook, Twitter, and the like. Should Internet hosts...

Acting President Harris? Here's How It Happens

Whatever the results of next month’s presidential election, odds are we will all soon be needing a crash course of Section Four of the Twenty-Fifth Amendment to the U.S. Constitution. Thankfully, Professor Brian Kalt at the Michigan State University College of Law has written a brief,...

Covid-19 and Speedy Trials: Judge Carney Nails It

Wow. Just wow. A shot, or make that a judicial ruling, was just fired that should be heard in every courtroom and courthouse in the nation. United States District Judge Cormac Carney did the right, but unthinkable – he dismissed a prosecution brought by the United States Government...

Covid-19 and Speedy Trials; Judge Carney Nails It

Wow. Just wow. A shot, or make that a judicial ruling, was just fired that should be heard in every courtroom and courthouse in the nation. United States District Judge Cormac Carney did the right, but unthinkable – he dismissed a prosecution brought by the United States Government...

Some Podcasts You Might Want To Consider

I can’t say I’ve found much to like about this pandemic. Today marks the seventh month that I’ve worked from home, hardly venturing out at all. I still have in my wallet the same $413 I had when I stepped off an airplane on March 13 and drove home to quarantine.
...

Gov. Whitmer and the Appeal to Heaven

What if the would-be assassins plotting to kidnap Michigan Gov. Gretchen Whitmer were neither left nor right? What if the plotters were little more than canaries in the mine shaft, bearers of a warning of what is to come if we don't pull ourselves together?
News that 13...

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...

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....

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