Constitutional Law

03 May

Missing Justices Brennan and Marshall

Death penalty: Always unjust I always will miss late Supreme Court Justices William Brennan and Thurgood Marshall. In the death penalty arena, the two opposed the death penalty in every Supreme Court opinion that I read on capital punishment, starting from the 1970's. When the rest of the...

05 Nov

Living in wartime since 2001

The United States has been living in wartime since 2001 (earlier than that, many peaceniks might say). The American economy tailspinned starting five years later -- and I wonder if the collapse would have been as early, deep, wide, severe and lengthy without the huge expense...

09 Apr

Preparing for jury duty

Someone recently asked how to prepare for jury duty. I responded briefly as follows: As both a  criminal defense lawyer dealing with jurors and as a jury candidate every few years, I reply: -          Bring what makes you comfortable to pass the time, in case you don’t...

09 Feb

Privacy breakdown versus the Whizzinator

By now, plenty of government and corporate decision makers grew up when privacy rights were already much more nostalgia than anything else. Too many people under forty have endured school metal detectors; rampant observation cameras in retail outlets and restaurants, and on the streets (only...