Barbara Bush, Randa Jarrar, and the Outrage of Free Speech
Almost immediately, a fresh front was opened in the perpetual war between free speech and outrage.
Yes, Hannity, Cohen is in fact your lawyer. And you should be glad.
An attorney is responsible for knowing when he or she has stepped into the role of counsel to a particular individual. For all of his perceived shortcomings as an attorney, Cohen got this one right
Sacramento Police Department Murders/Executes/Kills Stephon Clark
Stephon Clark wasn’t armed. The Sacramento Police Department ended his life anyway.
Alrighty GOP, It’s Go Time, Let’s See What You Got!
They’ve got the power, let’s see what they do with it in the clinch.
PS: Is my image too subtle?
Whose Side Is A Lawyer On?
The thing worse than incompetence. A look at McCoy v. Louisiana.
When Democrats Go States’ Rights
A look at California’s new anti-anti-immigration law.
Political Discrimination Might Actually Be A Thing
James Damore, the “echo chamber memo” guy, just filed a high profile lawsuit against his former employer, Google. He might have the chance to blaze a new trail in California employment law along the way.
In Which I Disagree With Reason
In which I also agree with Antonin Scalia.
Thoughts on the Acquittal of Philip Brailsford
A rare window for police reform has closed.
Just Another Stupid, Pretty Much Illegal Thing Trump Did
When Donald Trump’s extremely selective outrage isn’t just embarrassing, it’s also arguably illegal.
Science, Energy, and Law
This is why science can’t have nice things…
It Has Begun
A few quick observations on the indictment of Paul Manafort
This is the Lowest Point of Donald Trump’s Presidency
One can hope it is the pardoning of Joe Arpaio
Vs Traffic Court
She fought the law, and…
Back to the Bad Old Days
The Trump administration attempts to change the game on management of public resources in the West.
A Case for the Conscience Exemption
Let’s revisit conscience exemptions for union shops, especially for public-sector unions.
Fourteenth Amendment, How I Love You, But You Are a Mess
I discuss the difficulties of constitutional interpretation of the 14th Amendment as it relates to the fundamental rights to be free from both racial and religious discrimination.
A Death Panel With a British Accent
The tragic case of Charlie Gard.
Big Monday 2017: Here’s Gorsuch!
Never before can I recall the Order List being more interesting.
Do law enforcement officers have agency?
The reaction to the United Airlines incident belies public opinion about law enforcement
To Technicolor and Beyond
The completion of my copyright trilogy, on whether to and how to address piracy.
What’s On Your Ballot?
Colorado’s 2016 state-wide ballot initiatives are final.
Oyez! Oyez! Oyez! The 2016 First Monday In October Report Is Here!
A preview of selected cases appearing on the United States Supreme Court’s docket for the 2016-2017 Term.
The Stagecoach That Robs You
“Thank you for your business. You were giving more of it than you know.”
The Language of No Compromise
The book we all need to read… twice.
The Split (or How The Law Can Learn To Stop Modern Piracy And Illegal Downloads)
A look at fighting digital piracy in the United Kingdom and abroad.
Herbalife Revisited
In light of the recent FTC settlement involving Herbalife, Dave has a few things to say about it.
Briefly, On Charles Kinsey Having Been Shot
Charles Kinsey having survived his police-shooting might make its occurrence far harder to dismiss.
More on the War on Coal
Back in June, the Supreme Court quietly took another step in their ongoing “war on coal”.
Sovereign Virtue or False Foundation?
Is it a mistake to think that equality is the foundation of a just legal system?
Choosing A Side
In which Burt Likko navigates a moral and legal dilemma.
A Sports Law Hypothetical
A question for our legal folk: When is plunking the batter a tort?
State Liquor Laws: Historically Irrelevant Or Actually Worth Something?
Many states across the US have historic liquor laws dating back centuries. Are they still relevant in 2016?
How that Machine Algorithm Ended up being Racist
Racism can be a direct consequence of excluding race as a factor when you make judgments
Why the ‘Right to Die’ Will Always Be Controversial
Assisted euthanasia is a touchy subject for many and likely will be for the foreseeable future.
Congress Doesn’t Get Encryption Either
Unfortunately, the second in what appears to be an ongoing series…
