Opinions

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Opinions from authors on legal topics

5 Oct, 2011

The Passive Voice Debate

2019-03-18T18:47:53-05:00October 5th, 2011|

I read another article on a subject that seems to create an almost weekly discussion on the legal blogosphere: when and where to use the passive voice, if at all. For law professors' views on the subject read here, here, here and here. My belief seems to track most of those above. Sure, as a general matter, the passive [...]

19 Sep, 2011

Will tonight’s Tea Party GOP Debate discuss costly government programs like the drug war and mass incarceration?

2019-03-18T18:47:54-05:00September 19th, 2011|Tags: , , , |

Professor Douglas Berman at Sentencing Law and Policy has a great post about the GOP Presidential debate. Professor Berman would like to ask three highly relevant questions to candidates who support limited government and free markets. Those questions are: Do you support the bill introduced by Ron Paul and Barney Frank to get the federal government [...]

2 Sep, 2011

The Rule of Law in this Country Is a ___?

2011-09-02T21:09:16-05:00September 2nd, 2011|Tags: , , |

A joke. That might be the appropriate response. If you don't believe me, then check out this post by Paul Craig Roberts over at LewRockwell.com. Here is a sampling: With bank fraudsters, torturers, and war criminals running free, the US Department of Justice (sic) has nothing better to do than to harass the famous Tennessee [...]

1 Sep, 2011

The Hippie and the Tea Partier

2011-09-01T19:54:59-05:00September 1st, 2011|

He is an engaged activist, who attends large rallies of like-minded agitators, often dressed in funny clothes. She would tear down the present structure so that human nature will take over and something beautiful will grow. He makes a case based on theory and ideology, and dismisses contrary evidence as a media conspiracy. She spends [...]

25 Aug, 2011

Conservatives and Conservation

2011-08-25T20:49:26-05:00August 25th, 2011|

I came across this recent piece by Jonathan Adler at The Volokh Conspiracy. He critiques recent promises by GOP presidential hopefuls that they will abolish the Environmental Protection Agency when elected. I like the post because Adler counters with an approach to environmental protection that is conservative in ideology, but constructive in application. Importantly, he [...]

2 Aug, 2011

Just Another Day in Court

2019-03-18T18:47:55-05:00August 2nd, 2011|

I came across this recent piece at Thomson Reuters--Oracle Judge Okays Damning E-mail Despite Google Privilege Claim--and I got to marvel, from a refreshingly safe distance, all the ways that things can go wrong in a courtroom. In its patent infringement case against Google, the Oracle team prepared an exhibit binder for a July 21st [...]

28 Jul, 2011

Omaha and the Observation Effect

2019-03-18T18:47:55-05:00July 28th, 2011|

Here’s a dilemma: you live in a great community, where you and your neighbors all know how great it is, and you also know that part of what makes it great is that not too many outsiders know how great it is. So what do you do when yet another media source--Kiplinger in this case--tells [...]

26 Jul, 2011

An Interesting Series at The Volokh Conspiracy

2019-03-18T18:47:56-05:00July 26th, 2011|

I’ve been reading a series of posts titled “Let ‘em Play” by guest-blogger Mitch Berman at The Volokh Conspiracy. Professor Berman starts with a general proposal that we can examine the rules-regimes within sports to enhance our discussion and understanding of society’s legal frameworks. In this series he specifically considers the practice of calling fouls [...]

14 Jul, 2011

Dominique Strauss-Kahn, The Maid, and The Media

2019-03-18T18:47:56-05:00July 14th, 2011|

Like other lawyers I know, I don’t usually follow high-profile crime stories. Applying the law to the messy non sequiturs of life can be dissatisfying in the most dignified setting; media hyperbole makes it simply agonizing. Just ask the jurors, lawyers and insiders of the Casey Anthony case. So, reluctantly, I clicked the link from [...]

6 Jul, 2011

International Law, Texas Style

2019-03-18T18:47:56-05:00July 6th, 2011|

You are an American. You are today the most powerful national citizen who has ever existed. But you live in a world mostly populated by non-Americans, many of whom believe you enjoy privileges they do not, and many of those people would like to make some changes. Some of those non-American change-seekers would love to [...]