Category Archives: Uncategorized

The Night The Lights Went Out In Georgia

Georgia enacted a law that changed voting in the state. It’s got some serious (and less serious) flaws. It’s got some fair points which are fairly common in other state’s voting laws. It’s got some good things buried in there too. It’s entirely fair, if not our duty, to be critical of laws when and to the extent we disagree with them and believe them to be bad law.

Calling it “Jim Crow on steroids,” on the other hand, is bizarrely inflammatory and illuminates nothing. Yet it worked. Continue reading →

The Price of Incivility

There has been an ongoing argument over civility in law for years now, with the simplistic side arguing “don’t be a jerk,” the pejorative “jerk” falling somewhat shy of a definition, and the less sensitive side arguing that a lawyer should be whatever best serves the client, whether that means being civil or, when necessary, hoisting the black flag and slitting throats.

For the most part, the argument is one of sensibilities, where gurus of goodness implore lawyers to be kinder and gentler because it makes lawyers feel better about their career choice. But in an odd California case, Karton v. Ari Design, replete with a number of other influences that won’t be discussed here but shouldn’t be ignored, the Court of Appeals put a price on the question. Continue reading →

Short Take: Brandon Elliot, The Outlier

There were two things about this particular horrific random attack that made it stand out. The first was that it was caught on video in such a way as there could be no doubt that it was so utterly lacking in any excuse, no matter how manufactured by fertile yet insipid minds, that no one could deny its brutality. The second was the image of the perpetrator of the attack was clear as could be.

The cops might not be very good at investigating crimes where thought and effort are required, but even the NYPD can find a guy when it’s this clear. Especially when they have all his info in their database already. Continue reading →

A “Poignant” Shift For The NYPD

I’ve told the story a few times, about the cop who made the stop testifying that he smelled unburnt marihuana (that’s how it’s spelled under the New York Penal Law; don’t blame me) emanating from the car.

“Poignant,” the officer replied.

I turned to the judge. “What did he say?” The judge, Herbie Adlerberg, who was actually a former judge, now aged out but sitting as a Judicial Hearing Officer at the Suppression Hearing, knew exactly why I asked. “He said ‘poignant.'” Judge Adlerberg wryly replied, letting me know that he, too, heard it clearly. We both gave each other “the look.” Continue reading →

Televising The Floyd Trial, An Exercise In Trial Tactics Or Validation?

There is a curious belief that there is some duty on the part of the court to make trials available for all to see from the comfort of their couch, as if this lends legitimacy to a trial that wouldn’t otherwise be tolerable if unless every person who wanted to watch had complete access at their fingertips. It’s not about the case, or even the defendant, but about you, random watcher, and your entitlement. Strange days, indeed.

But without detached explanation, do people understand what they’re watching? The prosecution called the teenage clerk at the store where Floyd passed the counterfeit $20 to testify. While the testimony is proper and necessary as background for what followed, that wasn’t the part that’s being emphasized. Continue reading →

For Manhattan DA, Not Diana Florence

There are still eight (count ’em, eight!) candidates running in the Democratic primary for New York County District Attorney, seeking the chair that once held the behinds of legends like Hogan and Morgy, and most recently warmed by Cy Vance who doesn’t need this crap anymore. The flavors of candidates run the gamut, from prosecutors to public defenders, and whoever pulls down the nomination will eventually win the job, because that’s how Manhattan rolls and the Republicans haven’t even managed to find a sacrificial lamb to run against them.

But one has a little secret that makes her stand out from the crowd, and not in a good way.

Diana Florence touts her 25-year career as a Manhattan prosecutor as her biggest selling point in her campaign to be the borough’s next district attorney. She also aims fierce criticism at her former boss, the departing incumbent Cyrus Vance Jr. , saying he catered to the wealthy and powerful. Continue reading →

Just Two People In Virginia

Hans Bader wrote in some depth about changes to Virginia’s educational focus, requiring its teachers to demonstrate a “commitment to equity” as part of its performance standard and educational criteria.

This standard is full of vague buzzwords and ideologically-charged phrases that can be used to punish conservative teachers, or reward bad teachers for mouthing politically-correct platitudes. Its adoption will make it even harder to get rid of bad teachers and attract good teachers. Continue reading →

Brutal Attacks Are Brutal

That it was caught on video is fortuitous, a reflection of the reality that much of our world is preserved on video. This provides us with the ability to see what before we could only hear about, have described for us. When we watch it, the brutality is very different, very real.

Continue reading →