Blog Posts

Experienced litigators learn the hard way that some institutions regard themselves as too big to comply with the humdrum requirements of the law. I've seen large institutions simply ignore a subpoena, not even bothering to show up as directed. Yale University is notorious for doing this; so are...

I’m not hopping on the bandwagon circling the Santa Clara County, California, courthouse. Don’t add my name to the million-plus names of those calling for the scalp of Superior Court Judge Aaron Persky. Far from a goat, Judge Persky is a hero.
Would that there were more judges...

What should the law require in the wake of the shooting of Harambe, the 17-year-old gorilla shot to death by zoo officials last weekend at the Cincinnati Zoo?
Some basic facts don’t seem to be in dispute.
On Saturday, a 3-year-old boy on a visit to the zoo with his mother managed...

Gov. Dannel Malloy will soon be given an opportunity to demonstrate his commitment to the Second Chance Society to which he committed more than one year ago. His stated goal is to reduce the number of people who go to prison unnecessarily. He can demonstrate the commitment by refusing to sign...

The Federal Reserve Board holds the key to why Donald Trump could easily become the next president of the United States, and it has nothing to do with monetary policy. This key is something street lawyers have been talking about for the past few years: People are broke, frightened, and therefore...

If your child suffers a serious unexplained injury, the state just might seek to terminate your parental rights. It will do so in a closed courtroom, where the public never gets the right to know what passes for justice.
Termination of parental rights is the moral equivalent of the death...

Donald Trump walked away from the so-called "Acela primaries" in the Northeast a complete winner, sweeping the Republican contests in Connecticut, Delaware, Maryland, Pennsylvania and Rhode Island in convincing fashion. All eyes are now focused on Indiana, where Texas Sen. Ted Cruz has declared...

On December 14, 2012, Adam Lanza, a troubled young man, walked into an elementary school and killed or seriously wounded more than two-dozen people, most of them children. He used an AR-15 rifle, a killing machine manufactured by Bushmaster Firearms International LLC. Military and law enforcement...

State and federal law enforcement agencies make millions of dollars each year manipulating asset forfeiture laws. Generally, these laws permit seizure of items -- including houses, cash and cars -- that are the fruits or instrumentalities of a crime. If forfeited, the funds, whether...

We’ve reached the breaking point. We’ve each become gods in our own idiosyncratic religions, idols served by congregations of one. The result is a public space reduced to warring imperatives. Welcome to the end, as in the logical conclusion, of pluralism.
I’m talking, of...