Why Adnan should have pleaded guilty.

Like many others, I followed the podcast Serial—at least for a time. While I don’t have anything particularly valuable or interesting to say on it—opinion pieces have abounded, and it always seemed to me that it was pretty ho-hum and obvious Adnan Syed was likely guilty—fortunately law professor Janeanne Murray does: Had Mr. Syed, then 18, plea-bargained […]

A Connecticut “The Children Act.”

Proving perhaps that Ian McEwan was on to something, a recent case out of Connecticut seems to be playing out the drama of McEwan’s novel The Children Act: The girl, identified in court papers as Cassandra C., learned that she had Hodgkin’s lymphoma in September. Ever since, she and her mother have been entangled in a legal […]

Black and Bluebook.

Beyond the expected brilliant insight into being an administrator of justice, Judge Richard Posner’s latest book, Reflections on Judging, contains some strong opinions on that usually most uncontroversial of topics, citations: Posner appears to believe that following the Bluebook is about as bad as rearranging deck chairs on the Titanic — and by reverse order of […]

Scalia and Hercules and the Umpire.

Regardless of whether you love him, hate him, or are pleasantly amused by him (I’ll leave you guessing as to which one I am) New York‘s interview with Justice Antonin Scalia is a must-read. For a legal nerd like me, the most interesting part is Scalia’s claiming to “repudiate” that he is a “faint-hearted” originalist (this […]

Ronald Dworkin.

In 2008 I attended a lecture of the Ronald Dworkin’s as he came to campus to speak at the E.N. Thompson Forum. The topic: America and Israel. Dworkin delivered a forceful opinion, which would probably have prevented him from becoming Secretary of Defense, if he’d ever been a politician (and if the Chuck Hagel confirmation hearings were any […]

Aaron Swartz and Criminal Law.

Tim Wu, on the death of Aaron Swartz: It’s one thing to stretch the law to stop a criminal syndicate or terrorist organization. It’s quite another when prosecuting a reckless young man. The prosecutors forgot that, as public officials, their job isn’t to try and win at all costs but to use the awesome power […]

Some extraordinarily brief thoughts on the SCOTUS ACA decision.

By now, everyone is aware of the court’s decision in National Federal of Independent Business v. Sibelius, otherwise known as the Affordable Care Act constitutional challenge. I’m no legal scholar—the best reaction and commentary can be found at the SCOTUSBlog and The Volokh Conspiracy, in my opinion—but I did get a chance to read the Constitutional […]