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Do not let the Miranda rule become a farce

Ernesto Miranda (r). (Image from State Department’s website). Miranda v. Arizona,384 U.S. 436 (1966), is sacrosanct, at least until the Supreme Court ruled 5-4 today that criminal suspects must speak in order to assert their right not to speak. Berghuis v. Thompkins, ___ U.S. ___...

War is not fair – Battle onward

Trial is war, and war is not fair. Therefore, trial warriors must transcend the unfairness on the road to victory, by focusing on being battle-ready at all times with knowledge, skill, persuasiveness, hard work, having all necessary weapons, knowing how to use them, and knowing...

Mu: The power of nothingness

The Chinese script for the character “mu,” which means nothing. Why are so many intricate brush strokes needed to convey nothing? (The copyright was relinquished by this animated symbol’s creator.) At first blush — at least from a traditional Western perspective — irony would be...

If Count Basie were a trial lawyer

Count Basie. (Image from National Humanities Endowment website.) Sometimes I look back at my court arguments, court filings, blog entries, and other communications, and ask “What would Count Basie have done?” Count Basie was a great jazz pianist and big band leader. As with most...