A Lesson In How Not to Take a Win (Or a Loss).

Be respectful in wins and losses. You’ll have both if you are a trial lawyer. Spiking the ball and dancing the Griddy in the end zone to celebrate yourself may turn around and bite you. McKenna’s speech was recorded on video and posted to his firm’s social media page, but quickly removed. Nevertheless, it is now in […]

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, […]

If You Can, Always Stay On Library Way

As a lifelong and committed nerd with five decades under my belt, I don’t know how I avoided staying on Library Way all this time. The sidewalks speak to you with messages left on pages of your favorite books. In one direction, the New York Public library is filled with American treasures. In the other, […]

The Embedded Appeal

And sometimes the critical need to focus on persuasion can understandably affect a trial lawyer’s focus on sometimes mundane legal issues. Behind every good trial strategy lies a series of arguments, objections and rulings that could – theoretically – set a case up for appeal regardless of the verdict. I know this better than most, […]

Mudlarks United

I watched the American Bar Association’s recommendation of Judge Ketanji Brown Jackson’s nomination to the Supreme Court. It all made sense. She’s highly qualified. We can all celebrate that she served as a public defender, tried civil rights cases, and served as a trial judge before being elevated. These are qualities that are historically underrepresented […]

Gimme Back My Bullets (The Beginning of the End for Gun Manufacturer Immunity?)

Maybe the worst example of special protections purchased by wealth and power is the National Rifle Association’s death grip on the national legislature over the last few decades: blocking any meaningful regulation of sales and passing federal legislation granting certain immunities from civil suit. Perhaps the timing is a coincidence, but as the NRA’s power, […]