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 […]

Don’t Damn Me (Libel versus Invasion of Privacy)

With the never-ending Johnny Depp versus Amber Heard trial ongoing in Virginia, libel is all the rage. It’s a hot tort, what with all the crazy talk and nasty, personal name-calling going on everywhere. If offended, keep in mind the standard of proof you may be required to meet. You don’t want a judge making […]

Stare Decisis and The Problem Of Encouraging Lying

Are we supposed to believe that the Justices who have signed on to the draft opinion shouting that Roe was “always” “egregiously wrong” – since it was decided in 1973 (almost fifty years ago) – were truth-telling during their confirmations when they praised Roe as “important” precedent that they’d never really thought about? If so, […]

The Importance Of Fully Litigating Discovery Responses

San Diego County is appealing an $85 million verdict obtained after it with-held discovery from the plaintiff and was sanctioned for it by the judge. Just before trial, lawyers for the family said that the county had acted improperly by not turning over key evidence, including a training video on how to apply restraints that […]

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 […]

What To Expect When You Come Between The Fortune 500 and Their Bottom Line

Marketing can cover a lot of warts. Meanwhile, in the real world, people behave in line with our experience and the incentives put in front of them, even where it conflicts with what we know to be right and wrong. From the NYT, Mr. Williams said a State Farm claims adjuster told him that she […]

The Ambassador Club (For St. Patrick’s Day)

The year was 1951. According to Myrtis Smith, they were running numbers and gambling down at Ambassador Billiards on Avery Street. Bob Null, the Justice of the Peace, dutifully took the complaint, carefully transcribing Myrtis’ words: “something that happened in her family in relation to the losing of some money” by her husband, Emerson. Null […]

Oof. What a day.

While America considers the first black woman to be a Justice on its Supreme Court (First Black Woman Nominated to SCOTUS: Katanji Brown Jackson) we have a crumbling world order in Europe (Bury The World Order, The Atlantic). Time to put on the Chucks and get down to brass tacks. Or play music and dance. […]