Theories On The Leak From People Who Actually Have The Background To Speculate

The leak will ultimately pale in importance to the court’s decision once it is issued; the ruling will directly affect the lives and rights of tens of millions of people. But in the meantime, the motives of the leaker are an important topic because they help explain why an institution that zealously guards its secrets […]

I Only Want To Be With You (Hall v. Wilmington Health)

A North Carolina appellate court recently ruled that civil litigants need counsel physically present when they are deposed. This wholesale ban on personal attendance of Defendant’s counsel at depositions of its own employees and witnesses presented the constitutional issue Defendant asserts in this appeal and was not supported by existing law, emergency orders, or evidence. […]

In Defense of Jury Trials

The Jury consequently invests the people … with the direction of society.             Alexis de Tocqueville, Democracy in America Yesterday, Sen. Sheldon Whitehouse (D-RI) used a lot of his time during the Ketanji Brown Jackson nomination hearing to champion the Constitutionally protected 7th Amendment right to a jury trial. He argued that SCOTUS, the Chamber of […]

The Felt Necessities of Time (#OWH)

Judge Katanji Brown Jackson, prematurely referred to as KBJ here, is being feted at Congress this month after her SCOTUS nomination. Much is made of her being the first black woman nominated. But she would also be the first public defender appointed in a generation or two. At her press announcement, she name-checked my favorite […]

Happy Day, George Washington!

So continues our calendar run of Founder and President Birthdays. “I heard the bullets whistle, Washington proclaimed, “and, believe me, there is something charming in the sound.” George Washington in the Cumberland Gap during the Wilderness Expeditions, 1748. The cherry tree story may be fake news. Here is a link to a post from 2018 […]

Personal Responsibility (Justice Tonight)

The American justice system’s bedrock is accountability, enforced by citizen juries guaranteed by the Seventh Amendment to the Constitution. Every day, individuals in American courtrooms are held responsible (or not) for their actions – in criminal and civil courts. The day any one person – or group of people – are considered immune from this […]

Binding (it’s a noun and an adjective)

You packed your bags and all alone you wanna ride You don’t want nothing, don’t need no one by your side You’re walking tough, baby, but you’re walking blind To the ties that bind Glue and cloth, providing a strong cover that holds pages together. A chemical reaction, solidly joining like compounds. A fastener, combining […]