From Eugene Volokh, I see an interesting and highly questionable piece of legislation pending in Arizona: A. A court shall not use, implement, refer to or incorporate A tenet of any body of religious sectarian law into any decision, finding… Continue Reading
The American culture wars strike me as astonishingly silly and yet deeply scary at the same time. It’s hard to say what recent volley is more bothersome to me. Could it be people who are getting The Diary Of Anne… Continue Reading
I’ve little more to add to the Unreligious Right than is already there — giving a sixteen-year-old rape victim 101 lashes with a whip for the crime of becoming pregnant as a result of the rape, and acquitting the rapist… Continue Reading
A great coup for a trial attorney is to get the other side’s expert to admit that you’re right about the part of your case that he has been called to testify about. David Boies pulled that off today —… Continue Reading
There are relationships out there that may once have been contractual but now I suggest that they are properly viewed, at best, as three-party contracts and more properly ought no longer to be treated as contractual at all. First-year law… Continue Reading
Having spent most of the day ill and abed, I’ve not done a ton of reading or writing. And the Supreme Court would not allow YouTube to simulcast or delay-cast the trial despite the trial judge’s order that it should. … Continue Reading
About ten years ago, my then-law partner and I tried a personal injury case in Sacramento. It was a difficult case to prepare because the plaintiff had treated with a great many doctors and the nature of his medical treatment… Continue Reading
Renewing my tradition from last year, I boldly offer the following predictions for the next year. I make no claim to psychic powers, clairvoyance, astral projection, divine or demonic information, or access to time machines. These are SWAGs and nothing… Continue Reading
This only makes sense. And it demonstrates the real power of the Christian majority of the nation. Even if a tiny person, whom you could easily sue and roll over under other circumstances, steals your intellectual property for their private… Continue Reading
In reading over my last three posts, you may get the sense that I’m bitter about something. And it’s true that it kind of stung to lose by one point to Pittsburgh as time expired after what I think was… Continue Reading