Blog Posts


Let's Deconstruct Critical Race Theory

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...

Trump v. 230: Silly Legal Theories, But Right Target

Donald Trump’s suits against Facebook and Twitter are, unfortunately, about as likely to succeed as were his challenges to the 2020 election. In the election cases, his claims appeared to be frivolous. The social media complaints are far from frivolous, at least in intent. But the legal...

How Much Will Pennsylvania Pay Mr. Cosby?

The Supreme Court of the Commonwealth of Pennsylvania’s decision to vacate the conviction of Bill Cosby and discharge him is a stunning rebuke of the prosecution. Not only is his conviction reversed; the Commonwealth cannot try him again for the sexual assault of Andrea...

Death Comes Calling -- Again

Many years ago, a colleague of mine started a gruesome game, he called it death bingo. At the beginning of each year, he’d invite folks to submit names into a pool. At year’s end, the person who forecast the most deaths won.
I never played the game. It struck...

Consent, Parental Power and Childhood Vaccination

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...

Can It Be True? Baseball Is Back!

I’ve been strung out and ornery for the past eighteen months. It started with pandemic and a shutdown of the economy, and the shuttering of the courts. All at once, a thriving law practice and all the controversy a contrarian could want came to a grinding standstill.
...

Farewell to a Legend: F. Lee Bailey

F. Lee Bailey is dead.

There’s nothing surprising about this. Death comes for us all. But he once promised me he’d live to be one hundred years old and invited me to his party. For twenty years, I called him a friend. All at once, where once there was...

Yo, Can You Spare Forty Acres And A Mule?

It was obvious to me one year ago that the pandemic would yield a time of extraordinary social tumult. Indeed, just over one year ago, I wrote in these pages about the general strike theory of the pandemic, how the viral contagion would be turned into an occasion to try to recast the...

TLC: Time to End the Trouble in Paradise

Regular readers of this page know better than to expect consistency over time. I write what I think, and what I feel: My thoughts and feelings change over time. This inconsistency can breed ill-will. There are times I simply need to eat crow and say I am sorry, as I do now, to a man who...


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