Take Me Out to the Ballgame

I recently watched a segment of Bryant Gumbel’s Real Sports on HBO that had to do with injuries caused by foul balls in major league ballparks. The program featured the stories of many victims who had sustained gruesome injuries and it also documented the failure of Major League Baseball to protect its fans. On March […]

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The Cake Case – What Does It Mean?

The U.S. Supreme Court finally issued its opinion in the famous case of the commercial baker in Colorado who refused to bake a wedding cake for a gay couple. The decision was 7-2 in favor of the baker. Religious conservatives are hailing it as a victory for freedom of religion, freedom of religious expression and […]

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A Solution Looking for a Problem

It now seems certain that the Environmental Protection Agency (EPA) intends to rollback fuel efficiency standards for cars and light trucks. Fuel efficiency standards and how they are calculated is complicated, but suffice it to say that the rule in question required passenger cars to average 50 miles per gallon by 2025. This rule was […]

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When Jurors Don’t Get Along

The New York Times ran an interesting article on 5/30/2018 regarding a hotly contested criminal trial in Federal District Court in New York. The trial involves charges against a former elected official who is accused of public corruption in a bribery and kickback scheme. After 7 days of deliberations, one of the jurors failed to […]

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May a Lawyer Disobey a Client?

The United States Supreme Court has granted a convicted killer a new trial based upon his lawyer’s decision to disobey his client’s clear instructions. The facts are that Robert McCoy was charged with murdering 3 family members in Louisiana. The state was seeking the death penalty. McCoy told his lawyer that he was not guilty, […]

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Distracted Driving in an Autonomous Car

In March, 2018, an autonomous vehicle being tested in Arizona struck and killed a pedestrian. An exhaustive investigation was undertaken by the National Transportation Safety Board (NTSB). The results were released on 5/24/2018. The NTSB found that the vehicle’s computer system spotted the pedestrian 6 seconds before impact, but it did not slow down or […]

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Draining the Swamp? Not So Fast.

The National Rifle Association (NRA) has been in the news a lot lately. Its control of politicians is plain to see. The NRA has about 3 million members and it does have a lot of money it is willing to spend to attempt to unseat politicians who don’t toe the line, but with all its […]

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Workers Lose a Big Case

The United States Supreme Court ruled on 5/21/18 that companies can force their employees to resolve their claims in arbitration rather than in a court of law and that agreements which prohibit employees from banding together in a class action case are enforceable. This decision is a major blow to all workers who have signed employment […]

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Before It’s Too Late

“It is strange that we didn’t even notice the moment we lost everything. We didn’t start the fight for our beliefs when it was possible. Now we can do nothing. We can only watch silently as everything is falling apart.”     These words could have been used to describe the ascent of Nazi Germany, […]

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Doesn’t Politics Make You Sick?

I have often heard it said that watching lawmakers make law is like watching a butcher make sausage. It is messy and not for the squeamish or faint of heart. We have just learned that Michael Cohen, President Donald Trump’s personal lawyer and “fixer”, was paid millions of dollars by companies seeking insider influence over […]

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Is Solitary Confinement Unconstitutional?

There are approximately 80,000 inmates in solitary confinement in the United States. The United States Supreme Court seems to be poised to take up the question of whether prolonged solitary confinement is unconstitutional because it violates the Eighth Amendment’s protection against cruel and unusual punishment. There seems to be broad judicial agreement that prolonged solitary […]

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No Justice

The Houston Chronicle ran a story on 4/20/2018 about Linn Energy, an oil and gas company. Linn Energy was operated as a Master Limited Partnership, which is a corporate structure intended to enhance tax avoidance.   Linn Energy aggressively built its size by incurring massive debt. Servicing the debt depended upon sustained high oil prices. […]

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Why’d You Shoot Me?

I don’t usually write about police shootings, but a decision by the United States Supreme Court on April 2nd, 2018 caught my attention because of current investigations and mass protests. In the case decided by the Supreme Court, 3 police officers were called to a home in Tucson, Arizona. The call said a woman was […]

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Show Me Your Hole Card

  The United States Chamber of Commerce is attempting to convince the federal judiciary and the United States Senate Judiciary Committee to enact rules of civil procedure and laws that would require plaintiffs in civil cases to reveal the source of their funding. In other words, the United States Chamber of Commerce, who is lobbying […]

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Lying

    As a lawyer, determining whether a witness is a liar is incredibly important. An experienced lawyer, and by that I mean someone who has spent many years in the courtroom and in depositions, may be able to intuit better than a layperson who is and who is not lying, but it would be […]

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The Price of Lies

    The former chief executive of Volkswagen, Martin Winterkorn, a German citizen, has been indicted by the U.S. for conspiring to violate the Clean Air Act. Volkswagen had already entered a felony plea of guilty to having illegally sold almost 600,000 vehicles in the United States which were equipped with “defeat devices” that enabled […]

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Environmental Activism

On Sunday, 5/6/18, the New York Times ran a very interesting story about a lawsuit filed by the sports gear and apparel retailer, Patagonia, against President Donald Trump, the Secretary of the Interior, Ryan Zinke, and other federal agencies. The reason for the lawsuit was the decision by Trump and Zinke to reduce the size […]

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The Fox is Back on Guard Duty

The Trump Administration is doing everything it can to encourage and assist the oil and gas industry. The policies that grab headlines are those that involve drilling in the Arctic and along the Pacific and Atlantic coasts. However, the Trump  policy includes relaxing safety standards intended to protect the environment and offshore workers. The Bureau […]

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