Category Archives: Uncategorized

Schools Have Rules: Must BLM Be Left At The Schoolhouse Gate?

Bentlee and Rodney Herbert, 8 and 5 years of age, went to school. So far, so good. They wore t-shirts. Fine as well. There was writing on their t-shirts. Nothing odd about that. Yet, the school’s principal, Denise Brunk, told Bentlee to turn his shirt inside out for the day, and not to wear it again.

On Monday, Ms. Herbert went to the school to ask the principal what dress-code policy her son had violated, Ms. Herbert said. Ms. Brunk referred her to the Ardmore City Schools superintendent, Kim Holland.

“He told me when the George Floyd case blew up that politics will not be allowed at school,” Ms. Herbert said on Friday, referring to Mr. Holland. “I told him, once again, a ‘Black Lives Matter’ T-shirt is not politics.”

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Not So Peaceful

One mother failed her child, for which a cop gets blamed. One mother loved her child, for which cops get blamed. If you squint hard enough, believe hard enough, deny hard enough and grasp tightly the vision of a future where unicorns, left to their own devices, will merrily prance on rainbows rather than pull out a gun in the Disneyfied Times Square and shoot three random tourists, including a 4-year-old, maybe you can believe this is all the product of externalities. Nothing one does is one’s fault. There is no choice. No agency. No responsbility. What use is government if it can’t protect you from yourself, you friends, your mother?

And what use is government if it can’t protect you from itself? Continue reading →

Seaton: The Mark Doctor and the Ringmaster

“Vince McMahon is going to jail for dealing steroids,” my friend Andy told me one day at school.

We were kids. Neither of us knew what steroids were. We knew drugs were bad, and the guy who everyone said ran the WWF was being accused of dealing them.

What no one knew was the acquittal of Vince McMahon in what would later be called “The Steroid Trial” helped shape the face of professional wrestling for decades to come. Although it’s easy to look back now and see this as a monumental fuck-up of a federal case, few people realize Vince had an old rival holed up in Stamford, Connecticut in case of a guilty verdict to smooth over the transfer of power within the top American wrestling promotion at the time. Continue reading →

Grieving Prosecutors, Redux

They’re just lawyers who get a paycheck from the government. They’re still lawyers subject to the Code of Professional Responsibility. They’re lawyers, and as lawyers, are subject to the Code of Professional Responsibility. So why is it that the Departmental Disciplinary Committees and their lead counsel have essentially ignored any grievances over their conduct?

Years ago, my buddy and officemate at the time, Dan Arshack, as president of the New York State Association of Criminal Defense Lawyers, when it still mattered, created a committee to grieve prosecutors and judges. It was created to overcome one of the biggest obstacles, that these were people we would have to deal with over and over. There is no faster way to make an enemy for life than filing a grievance against someone, and so defense lawyers were reluctant to do so in their own name. Plus, it usually came off as vengeful, sour grapes at times or just petty. Continue reading →

No Home in Austin

Thoughts and prayers are heartwarming. Platitudes are great for rallying the troops to a cause. But you know what they don’t do? Fix anything. What does that take, money?

Along with the repeal of the camping ban, Mr. Adler and the all-Democrat city council appropriated more than $73 million for homeless-related services in 2020, a record for the city. It was so much money that the city had trouble spending it. By December Austin had doled out only 57%, or $42.3 million, which still amounted to tens of thousands of dollars per homeless person. Yet the problem kept getting worse.

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The Worst Word And The Damage Done

A law student at Rutgers did something law students do. The student quoted a passage from a 1993 New Jersey Supreme Court decision, State v. Bridges (1993), that included the N-word. That word, together with some of the other worst epithets, can be found in over 10,000 decisions. It can be found in the New York Times. It can be found pretty much everywhere. But does it need to be said?

Black students at Rutgers Law School are petitioning for a policy against the use of racial slurs after an incident in which a white student quoted a racial slur directly from a 1993 legal opinion during a professor’s virtual office hours, The New York Times reported.

The petition also calls for apologies from the student, who has not been identified, and the professor, Vera Bergelson, who told the Times she did not hear the word spoken and would have corrected the student if she had. Continue reading →

Tuesday Talk*: Daycare Isn’t Infrastructure, But So What?

Roads and bridges need to be maintained or they fail. This is an uncontroversial point, and it includes all manner of physical plant necessary to maintain a functioning society. But it is, by definition, limited to our durable physical plant, an investment in the structures, things, that will be there for us in the future. So what’s the big deal about including daycare as part of our infrastructure?

Like many progressives, I like the Biden administration’s plan to invest in infrastructure, but really love its plans to invest more in people. There’s a good case for doing more to improve physical assets like roads, water supplies and broadband networks. There’s an overwhelming case for doing more to help families with children.

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Impossible Or Evil Burger?

Daniel Humm has a three Michelin Star restaurant in Manhattan called Eleven Madison Park. It’s kind of a big deal restaurant, and diners pay dearly for the privilege of eating there. Dinner for two can easily cost $500. More if you get wine. Humm announced that when he reopens, it will be meatless, fishless, animalless food. He will forego the ingredients upon which his fame and fortune were established in favor of veggies, and he needs to let his future patrons know why.

It is time to redefine luxury as an experience that serves a higher purpose and maintains a genuine connection to the community. A restaurant experience is about more than what’s on the plate. We are thrilled to share the incredible possibilities of plant-based cuisine while deepening our connection to our homes: both our city and our planet.

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Skink: Pity The Poor Menthol

Ed. Note: Following is a post by the inimitable Skink, who’s sandwiched between 27 trials and a newly appointed kid federal judge who had never been inside a courtroom before. 

The Food and Drug Administration, them that brings us vaccines, medicines, medical devices and even says what pet food is okay, found themselves a demon a few days ago, and it sort-of rhymes with “alcohol.” You probably guessed:

“Banning menthol—the last allowable flavor*—in cigarettes and banning all flavors in cigars will help save lives, particularly among those disproportionately affected by these deadly products. With these actions, the FDA will help significantly reduce youth initiation, increase the chances of smoking cessation among current smokers, and address health disparities experienced by communities of color, low-income populations, and LGBTQ+ individuals, all of whom are far more likely to use these tobacco products,” said Acting FDA Commissioner Janet Woodcock, M.D. “Together, these actions represent powerful, science-based approaches that will have an extraordinary public health impact. Armed with strong scientific evidence, and with full support from the Administration, we believe these actions will launch us on a trajectory toward ending tobacco-related disease and death in the U.S.”

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