Blog Posts


The Preamble As Contract? Lipsky's Constitution

"Here, in strictness, the people surrender nothing, and they retain everything, they have no need of particular reservations." That's Alexander Hamilton talking, in Federalist 84. He was explaining why the new federal government was not a behemoth to be feared, but rather a creature of limited...

Padilla: A New Tool In Sex Offense Litigation?

It was reassuring to see the United States Supreme Court chip away at the collateral consequences doctrine in Padilla v. Kentucky. By ruling that criminal defense counsel have an affirmative obligation to advise their clients about the immigration consequences of a plea, the Court moved one step...

Can Padilla Be Used In Sex Offense Cases?

It was reassuring to see the United States Supreme Court chip away at the collateral consequences doctrine in Padilla v. Kentucky. By ruling that criminal defense counsel have an affirmative obligation to advise their clients about the immigration consequences of a plea, the Court moved one step...

Snark Hunting In The Virtual Agora

The New York Times reports today a trend among online news organizations. It seems the days of the anonymous commenter are rapidly coming to an end. It is a welcome development.
The Internet is a great tool for fostering discussion about all manner of things. I think of it as a virtual agora, a...

Illinois Reform Group Heads To Springfield

The only way lawmakers will be forced to face the consequences of bad laws if is the people affected by those laws educated those in power. And that is precisely what will be taking place in Springfield, Illionois, on April 22, when a group of ordinary people seeking to reform sex offender laws...

WPLR: Rock 'n Roll, Hoochie Coo

My wife hates it. She says it means no one takes me seriously. I am too irreverent. But I do it anyway.
I'll be hanging out with the folks at WPLR tomorrow morning at 8 a.m. We've got no assigned topic. It doesn't work that way. WPLR is a rock 'n roll station. And the morning hosts, Chaz and...

Lipsky's Constitution: "We The People"?


There will be talk aplenty about what our Constitution means, even what it is, in the weeks and months to come as debate forms around the nomination of the next justice to the United States Supreme Court. The debate, frankly, is too important to be left to lawyers. But where is an ordinary...

WNPR: A Discussion Of The Gadsden Flag

A group of protestors wants to fly the Gadsden flag over the state capitol in Hartford, Connecticut, during a protest event. At first, lawmen told then flying the flag was all right. Later, law enforcement got cold feet. The flag cannot be flown atop the capitol.
"Don't Treat On Me" has not...

Earth Abides: Still A Great Read

Bookstores are among my favorite places. And it just might be that Powell's in Portland, Oregon, is my favorite store of them all. I was there last weekend. Wandering the aisles made me imagine the joy of never having to leave the shop. I wondered whether they were hiring.
But too soon the...

Some Changes

I am generally stiff-necked, proud and given to stuffing wax into my years. But I've heard enough folks comment about the black background on the prior incarnation of this page to finally get it. So I redesigned this page. I also added a feature that permits readers to suggest topics on which I...

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