Blog Posts

The so-called Proud Boys trial has finally started. A jury of twelve and three alternatives heard a half day of evidence last week. This week, the Government will present as many as a dozen more witnesses. In the weeks to come, a jury will hear evidence about the extent to which, if at all, the...

What we need is another Kerner Commission, and what we’re being offered is a Watergate Committee. The result will be a committee that convicts the canary for dying in the mineshaft. Come the fall of 2022, and, more importantly, the fall of 2024, the toxins in the mineshaft will be that...

Rhetorical choices define our options in life. What you see conceptually is, in a sense, what you can aim at in terms of strategic behavioral choices. And so, in this era of so-called “Critical Race Theory,” I say we lay bare the choices the theorists are making. It’s...

Among the world’s mysteries is the transformation of naked power into authority. Yes, from time immemorial, there have been those with the means to impose their will on others. But we say, or at least we used to say, that when the state acts, its agents possess not mere power, but...

I’ve been reading press reports of the Derek Chauvin case in Minneapolis with a gnawing sense that something isn’t quite right. I can’t tell whether Chauvin’s defense seem are understated geniuses or, perhaps, not up to the task. As for the prosecution, it took...

I have a confession to make: I never watched the television series “Roots,” nor have I read the Alex Hailey novel “Roots: The Saga of An American Family,” on which it was based. This despite the fact that the television series took the nation by storm in the late...

Fifty-three weeks ago today, I got off of an airplane in Hartford, Connecticut, and headed home to face the pandemic. Since that time, I’ve been in my office with other people once. I’ve been physically within six or so feet of non-family members not at all. I’ve eaten...

Trial lawyers know the significance of motions in limine; often, trials are won or lost based on the rulings judges make before a jury even hears opening statements. Two such motions in the Derek Chauvin are pivotal.
What is a motion in limine? (Pronounced...

In the fall of 2017, something extraordinary happened. An object entered our solar system, headed toward the Sun, then rounded the Sun and headed back out of the solar system. The path it took, its apparent luminosity, and the speed at which it traveled, make it unlikely to be a random...

The Senate trial in the second impeachment of Donald J. Trump is unlike any other trial in American history. It is so unique, I wonder whether it should be a trial at all. There is nothing like it in our jurisprudence.
The former president has been accused by the House of...