Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Tuesday, August 25, 2009

Some Rationalizations Are Just Evergreens

"I was just following orders."

Now.

Now, on more local scale.

Then.

In a politically divided country, this is all quite tricky and potentially sticky, looking to criminalize the actions of CIA agents when under the management of a bunch of malicious doofuses will only be further divisive.

I still think going the truth and reconciliation commission route would be the best for all concerned. Facing the truth with no political gain on the line -- even if only perceived -- would truly be Change to believe in.

Word of the Day: "Homicide" is a Medical Term?

Continuing in the "words have meaning" theme from yesterday, it has been ruled that the unfortunate death of Michael Jackson was a homicide.

Interesting, but looking up the word "homicide" on the Internets gives every indication that it is a word indigenous to the practice of law, not medicine, let alone forensics. I thought medical examiners determined what killed someone, and that it was up to the legal system to determine who, for instance, put deady chemicals into the body of a the deceased.

I have friends who are prosecutors and judges who I love dearly, but this is a teeny-tiny shift in, if not the legal burden of proof, then the war for public opinion.

Monday, June 29, 2009

Michael Jackson as a cautionary tale for normal human beings

For whatever his eccentricities -- with new ones seemingly coming at a fast and furious pace -- there is a lesson to be learned from Michael Jackson's untimely death. And it's not that "grieving" fathers out on the town will pimp their new record label to anyone within earshot. (Ewww.)

No, as an attorney, I suggest that if:

. . . You have "interesting" parents. . .



. . . "Unique" siblings who often work at cross-purposes . . .



. . . You "have children" . . .




. . . You have -exes (so to speak) of one type . . .


. . . or another . . .


. . . or another . . .


. . . and they all might not play very nice after you're gone
(not unlike when you were alive) . . .


. . . and your sanity could be questioned after you've passed . . .

. . . and you'd like to prevent hassles from the above players arising after your death, then it's wise to meet with an attorney who works in the field of estate planning.

Which I happen to do.

You could e-mail me here, and we could set up a time to chat.

Wednesday, May 27, 2009

Today's Mytholitics (TM): "Judicial Activism"

There is no such thing as "judicial activism," or "legislating from the bench." When judges act, they adjudicate objectively through the prisim of their personal legal philosophy, which creates a subjective result: by definition, courts must pick a winner.

On the other hand, when legislators act, they legislate. Similarly, judges' acts do, in fact, have repercussions, because they have to wade through the grey areas, or unclear language, or pandering unconstitutional provisions crafted by legislators who want to get re-elected by constituents who don't know any better than to buy into sound-bite buzzword catch phrases. And, yes, as Sonia Sotomayor said at a symposium (below), if appeals court judges do set "policy," it's because their written opinions have been followed to interpret the work of the above-described legislators since the beginning of the Republic.

She's a good nominee. Elections have consequeneces (though, some think not enough). I look forward to watching the Wingnut "culture war" get stirred up again, only to alienate the Hispanic electorate, and prove, yet again, how badly they are grasping at political and intellectual straws.

Saturday, April 25, 2009

How can you follow the rule of law if you don't enforce the rules?

After much deliberation, the president has released the torture memos. Too, Justice is looking at the legality of the legal minds hacks who drafted them, apparently devoid of legal authority. One of the hacks, however -- you call now call him "Your Honor" -- seems to have second thoughts.

Oh, sure, now.

But then, too.

So while Krugman continues to press for America to enforce the rule of law -- as I have previously -- in order to "reclaim its soul," dithering continues amongst those who should know better.

On the right, Peggy Noonan channels Geoffrey Rush in "Shakespeare in Love," suggesting that the breaking of any torture laws should have remained a "mystery."

And on the (allegedly) left, Harry Reid resists the call to do his job. Rahm-bo, too.

So, if it's the prospect of putting Republicans in the clink to fracture a bi-partisanship which doesn't exist because of Republicans, let's just go with a Truth and Reconciliation commission. Amnesties all around, just so we can figure out what happened.

Those do not remember history are, indeed, doomed to repeat it.

Below: "See, I disagree with ya, Matt, 'cause I'm relyin' on legal memos from lawyers which are absolute bullshit. But I say they're legal. So, there ya go. Heh-heh-heh."

Tuesday, April 14, 2009

If you had bet the over on my "Indict Bushies" line, you'd have lost

On Inauguration Day, I gave the over/under on when members of the Bush administration would begin to be held accountable for possible war crimes committed during their "War on Terror." Thanks to a spunky Spanish prosecutor, my 24 month prediction didn't even make it to three months.

This should be interesting to watch, especially how all those teabaggin' rule of law while pardoning Scooter Libby types react.

In the meantime, Darth Cheney reflects fondly on Spring Break at Gitmo:

Thursday, March 19, 2009

Non Sequitur of the Day: Mad Hoops Edition


"March Madness."

I'm sure it's been figured out amongst the parties, but the NCAA using that phrase is arguably a trademark violation, y'know.

And how cool is it that the President did a bracket? Hell, that's one more than I've done.

Lastly: Go Blue!

Friday, February 20, 2009

"There is no such thing as bad press."

Despite writing for so long, I've never really enjoyed being written about. When I wrote, I had the deadlines of a feature writer, combined with the goal of accuracy that my lawyering instilled in me. So there would typically be things in articles that I was in which could be aggravating.

The profile about me in today's Detroit Legal News, however, is great, and much appreciated. Geez, in the dead tree version, there's pics and pull-quotes and sidebars all over my own page -- the entire back page! Extremely cool. So thanks to ace newby reporter and fellow Michigan Daily alum (though she did infinitely more there than me) Taryn Hartman for the nice work.

My mother will be so proud.

(Above:) "Hey, look, it's Sir Graves' suit double."

Tuesday, January 27, 2009

I Would Have Quiero-ed This Case on Contingency

Remember the campaign with the chihuahua jonesing for Taco Bell? A Grand Rapids agency thought their idea got ripped off and won their trial in Michigan a few years ago. Taco Bell then sued their agency in California, and it ended up on appeal there, and on Monday, Taco Bell lost, yet again.

What was a $30 million verdict, with $12 million in interest, continues to tick-tick-tick up with new interest, the final tab running ever higher. TB should bring back the 99 cent double decker taco, sell a few dozen million and settle this thing.

Tuesday, January 20, 2009

Plans A, B and C for Investigating the Bush Adminstration

While blogers debate whether Obama should or should not give Dubya a shout-out in his inauguration speech, I take solace knowing that even when I flake out and not post for a week, Paul Krugman will take up the slack.

Even if Obama does not want to look like a divisive meanie for prosecuting the prior administration for breaking laws, as a former constitutional law professor, he should insist that the rule of law be enforced.

Remember when Republicans relied on the "rule of law" when they impeached Bubba? Where'd that philosophical backbone go?

If there's no criminal prosecution, may I suggest a giving everyone immunity and doing a version of South Africa's Truth and Reconciliation Commission, which they held to figure out what exactly happened during Apartheid?

The last alternative would war crimes charges against Dubya and Lord Vader Cheney from the UN's International Criminal Tribunal in the Hague, which even unveiled a new website last month, perhaps expecting a rush of interest.

The over/under on when charges would come? I give it two years.

But, truly, something has to happen on this.

Add: It turns out Uncle Keith agrees:

Thursday, December 25, 2008

When Lives Are In the Balance, It's Preferable to Avoid Taking a Mulligan

Not to question whether Prezdent Dubya would ever violate the Constitution -- ahhhh-hahahahahahaha -- but I don't see anything in the document that allows him to, ummm, undo a pardon.

Yet again, our president acts like a frat boy looking for an extension on his paper.

Tuesday, December 16, 2008

The Only Joint In this Operating Agreement is the One They're Smoking If They Think This is Going to Work

As someone who actually cared about getting the JOA approved in 1989 between the Free Press and News, and who is obsessive enough to notice that they've been breaking the law when joint publishing on holidays (instead of only on weekends), and had friends on both sides of the strike, and who was offended by Gannett basically thumbing its nose at the industry, the market and the law by buying out Knight Ridder, today's announcement that the Freep and the News are going to be home delivered only three days a week would've been a stake in my heart. . . if they hadn't already broken it into a million pieces.

Yes, the CSM is going online only, and Entertainment Weekly is reportedly thinking about it, but living in the first major metropolitan area without a daily newspaper delivery? Oy.

I'd say that they last person leaving Detroit should turn out the lights, but the bulb's been foreclosed on.

Dozens of Wrongs Plus One Don't Make a Right

For all the obvious, (probably justified) piling upon B-Rod, I had a sense of unease listening to Fitzgerald's press conference and his repetitive hyperbolic outrage, from a legal ethics perspective.

This post puts that unease pretty well.

Thursday, December 4, 2008

Stephen Harper circa 2008 Channels Dubya circa 2000-present


Ummm, has anyone else noticed that our favorite only neighbor to the north is in the midst of a major constitutional crisis?

Let's see, a seemingly out-of-touch, hyper-partisan conservative leader overplays his hand, leading to widespread discord amongst the government and its populace calling for his leaving office.

This after he weaseled thru an October election, and now an unelected member of government will decide if he stays in power or goes.

Even if the timeline is a bit jumbled, does that sound somewhat familiar?

However, instead of not impeaching him, like Democrats could won't do in the U.S., the opposition parties in Canada have basically contracted amongst themselves to dump the bastard.

How very civilised and Canadian, eh? You can follow the updates here and here.

Now, I'm off to Tim Horton's.

Friday, November 28, 2008

Doo-Doo Dilgence in Auburn Hills?

As if the auto industry's operations aren't bad enough, now it can't even get a closed acquisition right, as Cerberus now claims that Daimler misled them during the Chrysler deal.

As I like to say, litigation as a business strategy is never a good thing.

This story, however, permits me to re-visit my favorite joke -- albeit now dated -- on this company:

Q. How do you pronounce Daimler-Chrysler in German?

A. The "Chrysler" is silent.

Tuesday, November 25, 2008

Maybe Common Law Marraiges and Divorces Would Be Cheaper

Apparently some married couples are living lives of quiet desperation.

No, really?

Oh, it's because they can't afford a divorce.

Yeah, that too.

If people aren't getting divorces because they're too expensive, I must be doing something wrong very kind and economical.

Check out some background here and here.

Saturday, October 18, 2008

Saturday, October 11, 2008

In The D, Size Does Matter

While a GM-Chrysler deal may be a good thing, the sad part if it goes through is that they wouldn't be big enough anymore to trigger anti-trust scrutiny.

*sigh*

Thursday, September 4, 2008

Kwame's Had a Bad Day

Hizzoner finally cops a plea.

Yet, amazingly, he will not shut up.

And he's such a baby.

How'd he get George Orwell to write his speech?

This one goes out to him and Carlita:

Yogi Berra has a Message for Kwame


Just remember...

It ain't over 'til the fat mayor pleads.