One of the goofiest things about legal scholarship is that it’s published in student-run journals. Law students pass judgment on law profs’ articles, which would be remarkably funny but for the fact that getting published is the lifeblood of academia, particularly for pre-tenured academics who need to prove their mettle before they settle in for a life of turtlenecks, leather arm patches and sherry, provided they are never left alone in a room with a student of the opposite sexual orientation. But I digress.

Emory Law Journal invited Larry Alexander of the University of San Diego law school to write an article. He accepted. And you’ll never guess what happened. Continue reading →

To be frank, it came as little surprise that the New York State health department decided to be so flagrant in its rationing of Covid drugs.

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Since the pandemic broke in March, 2020, we’ve tried to patronize small independent restaurants to help them to survive. As a small business owner, I appreciate what they were facing. And as someone fortunate enough to be able to order out, I’ve tried to spread the wealth, if you will. Some survived. Many didn’t. I could only try to help, as did many other people, including giving overly-generous tips. And people were generally appreciative of having people still ordering, buying, tipping.

But there is a problem I’ve watched develop long before anyone heard of Covid 19. While restaurant chefs have become celebrities, most minor but a few major, restaurants have lost the concept of service. This isn’t to say that servers are unpleasant or unaccommodating. Just that they have no clue what they’re doing or how fine dining should be done. Continue reading →

In his Year End Report on the Federal Judiciary, Chief Judge John Roberts argued against the efforts in Congress to enact laws to control a “separate and coequal branch” of government. While the public and academics argue about term limits and court-packing, Roberts addressed what, to outsiders, may seem relatively uncontroversial controls that Congress wants to impose.

[M]uch of the chief justice’s report was focused on thwarting less contentious efforts by Congress to address financial conflicts and workplace misconduct in the judicial system. Both issues are the subject of proposed legislation that has drawn bipartisan support.

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Welcome to 2022! We made it through the year in which “Mad Max” was to occur and there’s no signs of any roving motor gangs terrorizing wastelands. Yet.

Admittedly, the bar was very low this year compared to the absolute dumpster-fire of a shitshow that was 2020. That doesn’t mean 2021 wasn’t without its milestone achievements, like killing off the scientific method’s credibility in favor of “THE SCIENCE!” Continue reading →

When I turned 50, I wrote a post about wanting a new mountain to climb. It wasn’t that what I was doing wasn’t important or that I no longer found it fulfilling, but that we need new challenges to overcome to feel alive. But then, I was only 50, a mere boy.

At 60, the feeling was a bit different. Not just the new daily pains when I awoke, or the realization that my body couldn’t do the things the 30-year-old who still resided in my head told me to do, but that I had crossed over the peak and was now on the downhill side of the mountain. It all went far too quickly, and each year, each day, whizzed by at blinding speed. It made me realize that no day should be taken for granted, not so much because it may be my last but because it would be an utter waste not to make it count, not to enjoy it to the fullest. After all, I only had another 20 or 30 good years left. Continue reading →

The jury returned its verdict, guilty on five of six counts including sex trafficking. Ghislaine Maxwell no longer wears the presumption of innocence. But her conviction was fairly unusual. It wasn’t, mostly, about what she did for herself, but what she did for Jeffrey Epstein. She was his proxy to the public. To the jury, the only person before them was Maxwell, and they presumably did their job in good faith.

The allegations against Maxwell were unusual as well. Most are not wealthy, have houses around the world and fly to them in private jets. Most do not hobnob with the rich, famous and Dersh. Most do not have a socialite facilitating a stream of young women for sexual pleasure. Does that make the Maxwell conviction a one-off case, or will she become the face of enablers everywhere who, like Maxwell, can be blamed? Continue reading →

Basic compensation theory is that an employer must pay the wage necessary to get the staff needed to competently perform the work required. In other words, if you have a job and not enough qualified people are willing to take it, you’re not paying enough. Easy.

But there is another consideration having nothing to do with this theory. Are the wages sufficient for an employee to live? Most employers want their employees to be satisfied, if not happy, and to be able to enjoy at least the basic accoutrements of life. Whether happy employees are better or more productive is an open question. Continue reading →

No one suggests that the death, by a bullet fired by an LA police officer at 24-year-old Daniel Elena Lopez that missed, was anything other than a tragedy. Valentina Orellana-Peralta, a 14-year-old with her mother in a dressing room on the other side of the wall, was struck by the cop’s bullet. A child died while trying on quinceañera dresses with her mother. A tragedy.

When the story broke, there was significant criticism for the passive voice headlines used to describe this tragedy, but as much as the exonerative tense typically buried in the phrase “police-involved shooting” manages to conceal rather than reveal, the question here wasn’t bad journalistic practices, but that another cop shot and killed another innocent person. Continue reading →

Whether this is true is unknown, but it would come as no surprise that Senator Joe Manchin will have enough Bowmore 18 in his chambers to cover scotch o’clock for at least another term, courtesy of his fellow Democrats. Joe’s doing the dirty work, because he can as the voters of West Virginia will not hold it against him, that needs to be done and they can’t do without electoral issues, if not disaster.

The other senators aren’t stupid, but know something their constituents don’t. The contents of the peculiarly-named Build Back Better bill, which apparently consists of a few glorious bullet points about wonderful things that no one could possibly be against. Except Manchin, the “50th” Democrat, which now makes him a racist. Continue reading →