Author Archives: SHG

Tuesday Talk*: Dumbing Down Treason

A while back, I engaged in a couple of twits with Nicholas Grossman of Arc Digital as he was expressing his views about Trump committing treason. My purpose was to explain that “treason” wasn’t something he felt it was, but a crime, and as a crime, had elements that had to be met or it wasn’t treason. Nick, who isn’t a lawyer, responded that he didn’t mean treason in the legal sense, but in the “colloquial” sense, the one without any elements or mens rea. The one that just feels kind of treason-ish.

There’s a “colloquial” sense of “treason”? Apparently so. Continue reading

Property Tax And The Absurd Choice

As Rush might have called it, even if you choose not to pay, you still have made a choice. Geraldine Tyler was 93 years old, which is pretty old, even for olds. Maybe she was no longer capable of handling her own affairs. Maybe she had no one to help her, no family or friends, and so maybe she lacked the capacity to understand or act upon what was happening around here. But that’s not the beef.

The 93-year-old left her Minneapolis condominium in 2010 after a nearby shooting and a disturbing encounter left her uneasy. But she was unable to finance both her new apartment and the property tax on her erstwhile condo, accruing $2,300 in debt. Continue reading

Environment, Revisited

A decade ago, progressive environmentalists fought to protect the ground from excess sewage, the schools from overly large class sizes and the habitat of the endangered spotted salamander. Open space, trees, water recharge areas and fewer cars choking the air with noxious fumes were the height of environmentalism. Save the planet!

If you paid attention to Ezra Klein, you would think this happened a hundred years ago in “another era,” and is now the bastion of right-wing  extremists trying to destroy the lives of the homeless and marginalized potential UC Berkeley students. It’s not that these aren’t concerns. They were always concerns. It’s that younger pundits are reinventing the narrative as their priorities shift. So who’s the NIMBY? Continue reading

For Whom Should Lawyers Write?

Combine the concerns of a Harvard Law grad with the tech savvy of MIT and what do you get?

Legal documents, such as contracts or deeds, are notoriously difficult for nonlawyers to understand. A new study from MIT cognitive scientists has determined just why these documents are often so impenetrable.

After analyzing thousands of legal contracts and comparing them to other types of texts, the researchers found that lawyers have a habit of frequently inserting long definitions in the middle of sentences. Linguists have previously demonstrated that this type of structure, known as “center-embedding,” makes text much more difficult to understand.

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No Apparent Cause

Judge Naita Semaj was not kind to the officers who arrested “drill rapper” Camrin “C Blu” Williams.

“There was absolutely zero reason for any of those officers to approach this individual,” Semaj said on Tuesday in Bronx Supreme Court. “They approached him. They detained him. They searched him, and no officer even bothered to come up with a halfway legitimate reason for any of that.”

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Sentencing Jussie

An ordinary sentencing takes about 15 minutes, maybe half an hour. But the sentencing of Jussie Smollett lasted five hours, which was par for the course in a case that put together so much of what’s so very wrong about the current climate of criminal law.

At the end of a hearing that lasted about five hours, Judge James B. Linn excoriated Mr. Smollett from the bench, saying that he had concluded that the actor had premeditated the hoax and that despite his and his family’s admirable past work in social justice, he had an arrogant, selfish side and had planned the stunt because he “craved the attention.” Continue reading

Desperately Missing The Point

When first mention of Emma Camp’s NYT op-ed appeared here, it seemed to raise an issue so uncontroversial as to require no defense. After all, would anyone question that the Overton Window on college campuses has narrowed to a slit, where challenges to progressive orthodoxy were treated with good faith disagreement? Well, the answer was apparently, “you bet your ass,” and I failed to see it coming.

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Roll Over, Tchaikovsky

It was a stirring and bold announcement by Martin May, director of the Cardiff Philharmonic.

The Cardiff Philharmonic Orchestra has removed Tchaikovsky from its programme of its upcoming concert ‘in light of the recent Russian invasion’.

Tchaikovsky’s 1812 Overture was due to be included in the orchestra’s upcoming all-Tchaikovsky concert at St David’s Hall on 18 March, but it was considered by the orchestra ‘to be inappropriate at this time’.

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The Irrational Inherent Conflict of Marijuana

Daniel Muessig was sentenced to 60 months in prison for selling weed. It wasn’t a wrongful conviction. He did it. He admitted it during his plea allocution. And unlike others, he’s got no excuse for not knowing better. He was a lawyer. Not just a lawyer but a criminal defense lawyer who got caught.

Muessig was swept up in a far-reaching federal investigation into trafficking of cocaine and heroin when agents discovered more than 400 pounds of marijuana during a raid on “stash house” in Squirrel Hill on May 24, 2019. (Muessig admits to dealing marijuana but says he has never sold or taken harder drugs.) He escaped from the raid on foot and lived in limbo for more than two years. Gradually, his fear of going to prison gave way to hope; he and his wife, Laura Boyarsky, began the process of adopting a child.
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