Justice Elena Kagan once stated, when referring to the justices on the Court, that “we are all originalists.”[1] She is right. Originalism, which has many variations, is the predominant interpretive theory in American constitutional law – and for good reason….
Arizona Attorney Daily
Serious Car Accident Lawsuits: Who’s to Blame?
If you or a loved one has been in a serious car accident, there is a lot to know about who may be legally at-fault. Liability can, and often does, go far beyond the driver who hit you.
For example, if the design or characteristics of the roadway or surrounding areas contributed to the circumstances…
BREAKING: Maricopa County Files Emergency Motion To Try To Protect Kari Lake (& Counsel) From Potential Criminal Liability (READ Filings)
By Unknown
Maricopa County filed an Emergency Motion To Seal a voter’s ballot affidavit envelope, in order to “protect (Kari Lake) and her counsel from potential criminal liability.” Lake filed a Response on Monday and attached both the voter’s 2014 envelope and her 2013 voter registration form.
This legal skirmish is taking place in one of the…
Oh Baby Baby It’s a Wild World
By Mark Rubin
Oh Baby Baby It’s a Wild World [Note: I wrote this piece in February, and it got lost in a shuffle.] With a nod to Cat Stevens aka Steven Demetre Georgiou (at the outset) and Yusuf Islam (now), Oh Baby Baby It’s a Wild World. I encountered two real estate situations in the past 10…
U.S.A v. Trump
By Mark Rubin
U.S.A v. Trump A grand jury indicted Donald John Trump in the United States District Court for the Southern District of Florida. Let’s be clear about several thing, straightaway: Everyone is presumptively innocent until a jury renders a guilty verdict. The indictment and the evidence have not been shared by the government. No one –…
What We Do Is So Important
By John Lande
My colleague, Ilhyung Lee, pointed me to another graduation speech highlighting the importance of generally listening respectfully to and engaging with people we disagree with. He sent me a link to a speech by University of Chicago Law Professor Tom Ginsburg, entitled “Conversation and Democracy.” I had cited Bret Stephen’s speech and Jen…
The Consequences of Link Schemes for Lawyers
By Lynn Lewis
Link schemes place unnatural hyperlinks in web content to try to manipulate search engine rankings. These links can damage website credibility and result in penalties from search engines like Google, so it’s critical that attorneys and law firms know about the potential consequences of these black hat search engine optimization (SEO) methods.
Disturbingly, law firm…
Sander Award Winners – Bipartisanship and Reform in Congress
As those of you who were in Las Vegas for the ABA Conference know, the 2023 Frank E. A. Sander Award for Innovation in Dispute Resolution went to the House Select Committee on Modernization of Congress. Named for long-time Harvard Law School professor Frank Sander, the Frank E.A. Sander Innovation in ADR Award was established…
Discussions in Dispute Resolution: The Next Generation
By Art Hinshaw
Indisputably contributors Andrea Schneider, Sarah Cole, and I are at it again beginning work on Discussions in Dispute Resolution: The Next Generation, the 2nd book in the Discussions in Dispute Resolution series (order the first one here or here). The book will be a commentary on 16 essential ADR articles for the years 2000-2009,…
2A as applied to non-violent offenses
By David Hardy
The Third Circuit just ruled en banc on this, in Range v. Attorney General. The plaintiff had been convicted of welfare fraud, an offense designated as a misdemeanor but, since it was punishable by more than a year’s imprisonment, was treated as a felony under the Gun Control Act. The court ruled, 13-2, that…