Blog Posts


Big Law, "Litigators," And The Vanishing Trial

The Wall Street Journal’s Law Blog carried a piece last week about the vanishing trial. I don’t know what the author is talking about. I try ten to twelve jury trials a year, year in and year out. And I do it in a state in which the manner of picking juries is time-consuming and...

A Simple Reform Of Adam Walsh Act -- Rebuttable Presumptions

There is a hearing this week before the United States House of Representatives Subcommittee on Crime, Terrorism and Homeland Security. On the agenda, reauthorization of the Adam Walsh Act. The witness list includes spokespersons from the Department of Justice, the United States Marshals, the...

John Brown and the Grapes of Wrath

I love John Brown. I have for a long, long time. Indeed, one of the best books I have read in the past decade is about the abolitionist. Russell Banks’s fictional biography, Cloudsplitter, is what fire would be like if it could be compressed into two dimensions. My mind burned as I read that...

A Judicial Strike? Only In France; U.S. Judges Lack The Courage

If you want to see an independent judiciary in action, look West, to France. The nation’s judges went on strike last week. Jurists laid down their gavels and refused to attend to all but the most serious cases. Why? France President Nicolas Sarkozy played the Willie Horton card. Go ahead and...

Christopher Lee's Real Cause For Shame

Shame on Christopher Lee. The New York Congressmen took his libidinal dog out for a walk, got caught, and promptly resigned from the House of Representatives, thus raising the inevitable question: what is wrong with this country?
I say shame on Mr. Lee not because he is a cad. Sure, he...

Tap Dancing At The Gates Of Hell

Hell froze over one day last year and two men skated to freedom, set free by a judge of the Superior Court, who found that they were convicted in error and were the victims of manifest injustice. Last week, the state’s lawyers appeared before the State Supreme Court and urged the court to...

Empty Robe Syndrome

It is not at all clear why President Barack Obama has abandoned the federal courts, but he has. One of nine judgeships is vacant. There are 17 vacancies on the federal appellate court, and 85 vacant district court seats. The president has not even nominated enough candidates to fill half of these...

Empty Robe Syndrome

It is not at all clear why President Barack Obama has abandoned the federal courts, but he has. One of nine judgeships is vacant. There are 17 vacancies on the federal appellate court, and 85 vacant district court seats. The president has not even nominated enough candidates to fill half of these...

Why Ban Komisarjevsky To The Cheap Seats?

Among the many things a lawyer learns is where to sit in a courtroom. In Connecticut, there is an unwritten custom that parties with the burden of proof sit closest to the jury. Hence, plaintiffs and the State get the premiere seats at trial, the ones closest to the jury. This custom is supported...

Time To Revisit Ex Post Facto Clause For Sex Offenders

Scores of folks have sent me emails generated by a group called Citizens for Change, America. They want me to hear their cries for justice, and to sign on to the fight to have the courts declare retroactive application of the federal sex offender registration act unconstitutional. My first response...

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