At A Supreme Court Oral Argument
I’m glad people are paying attention to the arguments to the Supreme Court about the constitutionality of the health care law, and I think it’s great that some people waited in line for days to sit in...
View ArticleBalance Of Powers 101
Last week’s oral arguments before the Supreme Court about the Affordable Care Act — and the questions from Justices that suggested skepticism about the law’s constitutionality — seem to have caught...
View ArticleWaiting On The Court
Deep in the marbled chambers of the majestic Supreme Court building, members of the High Court and their clerks are hard at work on the opinion — or more likely, opinions — to be published when the...
View ArticleThe Aurora, Colorado Massacre And The Psychiatrist-Patient Privilege
Should the communications between a psychiatrist and her patient be privileged from disclosure to others, and are there instances when the psychiatrist should be obligated to report a potentially...
View ArticleThe Aurora, Colorado Massacre And The Psychiatrist-Patient Privilege — An Update
Prosecutors responsible for the case against James Holmes — the man charged with the massacre at a screening of The Dark Knight Rises in Aurora, Colorado — have decided to drop their effort to see a...
View ArticleVoting In The Courts
More and more, it seems, every decision affecting voting ends up in the courts. How are congressional districts configured? How can people register? Are petition signatures valid? Should people...
View ArticleSilent Justice
In a loud and loquacious world, Supreme Court Justice Clarence Thomas has earned a reputation for his silence. During oral arguments before the Supreme Court, Thomas almost never speaks. In fact, his...
View ArticleTruly Supreme
Today I went over to the Ohio Supreme Court to listen to an oral argument. While there, I had the chance to enjoy the Supreme Court courtroom and many other splendid features of the Ohio Judicial...
View ArticleIn Line For History
Usually, we associate people camped out in lines for days with hot rock concerts, or huge basketball games, or Black Friday special sales. In Washington, D.C., however, people have been waiting in...
View ArticleShould You Be Able To Patent Your Genes?
The Supreme Court hears cases of constitutional import that make front-page headlines, but also wrestles with issues that make you stop and think about how the world is changing. Yesterday the Court...
View Article“Reality Show” Meets Reality
It’s embarrassing to admit it, but Kish and I like Storage Wars. It’s a “reality show” where the continuing characters bid on abandoned storage lockers in southern California, then find out what’s...
View ArticleNo DOMA Nation
Yesterday the Supreme Court struck down a key provision of the Defense of Marriage Act, a 1996 federal law that denied rights and benefits to same-sex couples, and rainbow flags flew from sea to...
View ArticleFewer Law Students, Fewer Lawyers
The number of people applying to American law schools is dropping sharply. A recent report of the Law School Admission Council states that applications to law schools fell almost 18 percent from 2012...
View ArticleHeading Toward A Settlement
On the eve of the 2013 regular season, the National Football League and lawyers representing certain players have reached a preliminary settlement of claims concerning concussions and other head...
View ArticleHomely Discrimination
The Boston Globe recently ran an article about “beauty bias.” The underlying concept is that people inevitably discriminate in favor of the beautiful and, in so doing, show bias against the less...
View ArticleWill Detroit Once More Lead The Way?
At one time in American history Detroit was a leader in commerce, capitalism, and civic development. As the home of the American auto industry, Detroit experienced the boom. More recently, Detroit...
View ArticleDogs, And Human Rights
Recently I stumbled across an interesting article, now several months old, about dogs and efforts to determine how their brains work. The article summarized the research and reached a provocative...
View ArticleSaving A Law Against Being Annoying
For 38 years, the City of Grand Rapids, Michigan has had a law against being “willfully annoying.” Now the law is going to be repealed, because the city attorney has determined that the law is probably...
View ArticleMascot Liability
In an interesting ruling, the Missouri Supreme Court held yesterday that a spectator at a Kansas City Royals baseball game could get a new trial on a lawsuit against the team for an injury he suffered...
View ArticleProtecting Cell Phone Privacy
The Supreme Court issued an important ruling yesterday. In a 9-0 decision, the Court ruled that police must obtain a warrant before they search the cellphones of people they have arrested. The ruling...
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