The Rediscovery of Osama Bin Laden

Once you accept that terrorism is a justifiable weapon for the oppressed, this isn’t really that much of a stretch.

Continue reading

Does An Image Inform Or Evoke?

The aphorism is that “a picture is worth a thousand words,” and it’s hard to argue otherwise. But that neither means the words are informative nor that the picture makes us wiser, a point that Lydia Polgreen studiously ignores when she says “this photograph demands an answer.”

If you don’t look too closely you might think the photograph is a dimly lit snapshot from a slumber party or a family camping trip. Six small children lie in a row, their heads poking out from the white sheet that is casually lying across their little chests. None appear to be older than 10, though it is hard to say for sure.

Continue reading

Tuesday Talk*: Does SCOTUS’ Code Of Ethics Fix Anything?

Revelations about Justice Clarence Thomas’ enjoyment of the largesse of his bestest pal Harlan, who suddenly realized how much he liked to hang out with Thomas only after he became a justice, among other things, given rise to calls for a Supreme Court Code of Ethics. Chief Justice John Roberts, hearing the sad laments of cable TV hosts and smelling the hot breath of Shelly Whitehouse on the back of his neck said, “Fine, Here ya go.

Happy now?

“For the most part these rules and principles are not new,” the court said, adding that “the absence of a code, however, has led in recent years to the misunderstanding that the justices of this court, unlike all other jurists in this country, regard themselves as unrestricted by any ethics rules.”

Continue reading

Halkides: Circular Reasoning and Task-Irrelevant Information In The Mayfield Case

Ed. Note: Chris Halkides has been kind enough to try to make us lawyers smarter by dumbing down science enough that we have a small chance of understanding how it’s being used to wrongfully convict and, in some cases, execute defendants. Chris graduated from the University of Wisconsin-Madison with a Ph.D. in biochemistry, and teaches biochemistry, organic chemistry, and forensic chemistry at the University of North Carolina, Wilmington.

Oregon attorney Brandon Mayfield was arrested because of his alleged involvement in the Madrid Train Bombing on 11 March 2004. The most probative evidence against him was a fingermark on a bag. The FBI had identified Mr. Mayfield as the source of the fingermark, and even a defense expert concurred. The Spanish authorities did not, and within a few weeks Mr. Mayfield was released and given an apology. The Brandon Mayfield case was among the most highly publicized failures of fingermark/fingerprint evidence. Continue reading

Short Take: Birds Of A Feather

When you heard the name “Audubon,” what came to mind? A guy who created the authoritative illustrations in Birds of America? Bird sanctuaries? The protection of nature and critters? If so, then you are not woke. If you were woke, something different came to mind.

John James Audubon, for whom the Audubon’s shearwater is named, was an unrepentant slaveholder who opposed emancipation.

But that was merely the start, not the end, of the progressive correction of history to conform it to only those who meet today’s woke virtue. Continue reading

But What If Trump Wins?

At the New York Times, Carlos Lozada takes a provocative position by arguing that a Biden-Trump rematch may not be the election anyone wants, but it’s the election American needs.

Yes, both men are unpopular, remarkably so. Only a third of Americans view President Biden favorably, and two-thirds of Democrats and Democratic-leaning voters want to nominate someone else for the presidency (no one in particular, just someone else, please). Trump is the overwhelming favorite to become the Republican nominee for the third consecutive time, but his overall approval rating is lower than Biden’s. And while 60 percent of voters don’t want to put Trump back in the White House, 65 percent don’t want to hand Biden a second term, either. The one thing on which Americans seem to agree is that we find a Biden-Trump 2024 rematch entirely disagreeable.

Continue reading

Stefanik Turns Grievance Into Performance Art

Elise Stefanik, born shortly after I was admitted to practice law, was considered a rather pedestrian upstate New York moderate Republican congresswoman when she was first elected to office in 2015, which meant she faded into the crowd. She apparently aspired to bigger things, so went full Trump. For her loyalty, she was made House Republican Conference Chair, replacing the traitorous Liz Cheney. And she’s still climbing.

Representative Elise Stefanik, a member of the House Republican leadership and an ally of former President Donald J. Trump, filed an ethics complaint Friday attacking the judge presiding over Mr. Trump’s civil fraud trial, the latest salvo in a right-wing war against the case.

Continue reading

Can Judges Refuse To Hire Hamas-Supporting Clerks?

Law firms have already made clear that they will not tolerate new lawyers who have chosen to take the side of terrorism against Jews, but what about judges and their law clerks?

Judges are looking at student actions in the wake of October 7th and drawing a line in the sand  for those who would want to clerk for them. Judge Matthew Solomson said,

To me, it’s a simple proposition that just like no judge would hire anyone who endorsed the KKK or the Nazis, anyone who endorses or approves or otherwise gives comfort to — in writing — Hamas, should not be hired. Continue reading

Parents’ Little Lies: Get Cellphones Out of School

It was still a little different when my kids were young. My daughter, at about 15, desperately wanted a Blackberry, then affectionately known as a “Crackberry” for its addictive qualities. It was already obvious that “screens,” as we called them, presented a danger to kids. Too shiny. Too attractive. Too addictive. Once they had them, they would never put them down, so we were the mean parents who refused to let our children have screens.

I got a Blackberry box from the cellphone store and we filled it with blackberries we purchased from the fruit counter at the supermarket. On her birthday, we gave it to our daughter, who lost her mind when she ripped off the wrapping paper, only to find the punchline to our joke. She was heartbroken. We then gave her our real gift, a Motorola flip-phone. She was somewhat mollified, although it wasn’t a crackberry. Crackberries were cool. Flip-phones were for old fogies. Like us. Continue reading