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.

The efficacy of marijuana testing is a very significant problem. Without an appreciation of how and why drug tests produce false positive, and how to argue against them, they become a “black box” that we simply assume to be correct for lack of the knowledge to challenge. Chris explains what we, as lawyers, generally fail to understand so we can more effectively defend our clients. Continue reading →

In October, 2022, a new federal statute, 15 U.S.C. § 6851, went into effect that provided for both a civil cause of action by a “revenge porn” victim and the right of the victim to proceed pseudonymously. In the case of Doe v. Crawford, the defendant moved to seal with entire record because, he alleged, his defense would require both the disclosure of the plaintiff’s identity and intimate details of their relationship.

By design, claims brought under this statute concern intimate, personal and private evidence. Further, because of the sensitive subject matter, § 6851 allows plaintiffs to use a pseudonym to protect their privacy. The use of a pseudonym is subject to the discretion and injunction power of the Court. Here, Doe has chosen to use a pseudonym, expressing her desire to remain anonymous. Continue reading →

After a laundry list of Harvard student associations issued an open letter blaming the rape, kidnapping and murder of women, children and the elderly on Israel and the United States, opening with the sentence, “Today’s events did not occur in a vacuum,” the question that hung in the air was what would Harvard University have to say.**

It wasn’t just that a long list of faux student organizations signed on, but that Harvard had already established precedent, having issued statements in support of Ukraine and Black Lives Matters.

And Larry Summers, former president of Harvard, and others called out the university out for its silence. Continue reading →

No one will blame you if you forgot that today was Columbus Day. In years past, passionate voices would proclaim it Indigenous People’s Day, even though the name “Columbus Day” is a matter of law.

But this year, there are no vicious arguments, no condemnation of Columbus’ acts toward natives. Other than the fact that some won’t go to work today, it’s as if no one cares in light of more pressing horrors. Continue reading →

As evidence of the age, a great many videos have emerged from Hamas’ terrorist attack on Israel yesterday. Given what we’ve seen from Russia’s invasion of Ukraine, mass destruction, murder and mayhem have become common. Images no longer shock as they once did, but this video was so repugnant that it hit a nerve.

The woman, now stripped and dead, in the back of the pickup in which terrorists celebrate their victory, was a 30-year-old German who was in Israel at a music festival. There are plenty of other videos available, should you feel the urge to see more. Having seen many, I don’t feel any need to see more or spread them any further. Knowing they’re there is enough. Continue reading →

Of all the possibilities, the current frontrunner for Republican Speaker of the House is Ohio’s flamethrower, Jim Jordan, who may be the second most likely person to assure that nothing useful or necessary is accomplished after show pony Matt Gaetz. Jordan has Trump’s “Complete and Total Endorsement,” except if they make Trump speaker. What could possibly go wrong?

In an op-ed in the Washington Post, House Minority Leader Hakeem Jeffries saw his opportunity and took it. Continue reading →

Sheriff Roy was tired. Very tired. Two months straight of early mornings and late nights policing would do that to a man. The Sheriff’s Department was short a man due to someone rage quitting after a good-natured rib over a recent Alabama game, and Roy had taken the former deputy’s job duties and shifts until the position was filled.

All of that was behind him. At the moment, the only thing on the mind of Mud Lick’s top cop was the week of vacation he had coming up with Arlene.

Just the two of us for a solid week in Gatlinburg, Sheriff Roy thought with a smile. It’s not the same as our honeymoon, but it’s a nice getaway for an anniversary. Continue reading →

The usual and expected point of attack against laws regarding the use of bath and changing facilities by transgender people is the Fourteenth Amendment’s Equal Protection Clause, arguing that they are denied the equal protection of the laws by being denied the right to use the bathroom or locker room that conforms with their sexual identity.

But in a suit brought by a group that calls itself “Women in Struggle,” together with transgender and nonbinary people, has challenged Florida’s “Bathroom Ban” as a matter of denying expression under the First Amendment instead. Continue reading →

For both simple and complex reasons, there is no jury in the New York attorney general’s case against Donald Trump. The verdict will be in the hands of Justice Arthur Engoron. If that name sounds familiar, it might be because Trump has mentioned it numerous times during his impromptu courthouse hallway pressers along with words like “deranged,” “disbarred” and “criminal.”

You don’t tug on Superman’s cape, you don’t spit into the wind and you don’t — I would think — defy and needle the very person who holds your financial fate in his hands.

Most sentient people would think it a poor tactic to attack and anger the decision maker in a very serious matter that stands to topple your jenga empire. Not Trump. Is there method to his madness? Continue reading →

Two firsts happened yesterday. A black lesbian was sworn in as Senator from California, despite a dubious connection to the state. A Speaker of the House of Representatives was ousted by eight MAGA insurgents of his own party, with the cooperation of the Democrats, leaving the House incapable of acting unless and until a new Speaker is chosen.

There is a story that a woman asked Benjamin Franklin following the Constitutional Convention of 1787 what form of government was chosen, a republic or a monarchy. Franklin is said to have replied, “A Republic, if you can keep it.” Can we? Continue reading →