Author Archives: admin

Supreme Court Invalidates Section 4 of the Voting Rights Act

By admin | Published: June 25, 2013

Earlier today, the Supreme Court invalidated part of the Voting Rights Act (VRA). Congress renewed the law in 2006, and according to the Supreme Court, used formulas for determining the ratio of minority voter turnout that were outdated by at least 40 years. The decision, while not invalidating the entire VRA, raises serious doubts as […]

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Kent’s Early View on the First Amendment’s Religion Clause

By admin | Published: June 7, 2012

As I was perusing my copy of Kent’s Commentaries on American Law (12th Ed., O.W. Holmes, Jr.), I came across the following statement in the context of his discussion of the First Amendment: The free exercise and enjoyment of religious profession and worship may be considered as one of the absolute rights of individuals, recognized […]

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“Pursuit of Happiness”

By admin | Published: May 23, 2012

Ever wonder the source for the phrase “the pursuit of happiness” in the Declaration of Independence? Just for context, the Founders stated in the Declaration that “We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, […]

Posted in Jurisprudence, Legal Maxims, US Historical Documents | Leave a comment

Sex Discrimination and the 14th Amendment

By admin | Published: April 30, 2012

This is an excellent response to Calabresi and Rickert by Josh Blackman. He effectively demonstrates the context of the 14th Amendment. Overall, a great read.

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Always Make Sure to Comply With A Judge’s Order

By admin | Published: April 28, 2012

The prosecution in the Jerry Sandusky criminal case has accused the defense of failing to comply with the Judge’s order relating to subpoenas. The Judge designed his order to keep the identities of Mr. Sandusky’s victims confidential, and the prosecution alleges that the defense is using the subpoenas to get around the gag order, revealing […]

Posted in Criminal law, Current Events, Legal Strategy, Legal Writing, Trial Courts | Leave a comment

Faulty Premises

By admin | Published: April 28, 2012

In an example of both bad logic and a faulty premise, Bill Maher tries to distinguishes his demeaning of Sarah Palin from Rush Limbaugh’s demeaning of Sandra Fluke. First, I shall assume that Mr. Maher is unaware of the operational definition of a “public figure.” A public figure is one that injects himself or herself […]

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Importance of Quality Legal Writing

By admin | Published: April 27, 2012

A lawyer in New York was suspended, in part, for poor quality briefs. Remember, writing is the principle way through which attorneys communicate with the court.

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Why You Proofread In Every Situation

By admin | Published: April 3, 2012

On college basketball’s largest stage, there was one glaring error that could have been easily prevented with just one little proofread. Apparently, next year’s Final Four will be in “Alanta” Georgia.

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Hasboro v. Asus: The Transformer Wars

By admin | Published: March 28, 2012

Rarely does a court have an opportunity to be creative and take full advantage of such an opportunity. The court in the above referenced case did not disappoint. For more on the toy v. computer battle, read here. Thanks, and kudos, to our friends over at Gizmodo for posting this one.

Posted in Humor, Jurisprudence, Legal Writing, Trial Courts | Leave a comment

Contraception Mandate & Religion Liberty Pt. II; The State, The Church, and The Citizen

By admin | Published: March 22, 2012

“A law targeting religious beliefs as such is never permissible.” Religious freedom is as much an integral ingredient in American law and society as sand is an integral ingredient in glass. This country was founded upon the freedom of conscience and the principle that the government would never dictate the exercise of conscience. During the […]

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