h/t to Prof. Berman TG. The title of this post is the headline of this new New York Times segment of its series "Room for Debate." The NY Timesbrought together five leading lights to comment on this question (all of whom appear to supply variations on the answer "Yes"). Here…
Well, I use Wikipedia for research. But, I use it “in some limited situations . . . for getting a sense of a term’s common usage." Fire Insurance Exchange v. Oltman & Blackner, Case No. 201004262-CA, 2012 UT App 230 (Utah App. 2012)(discussing the uses and reliability of Wikipedia as…
http://verdict.justia.com/2012/08/17/teaching-and-learning-about-united-states-v-alvarez-the-stolen-valor-act-casehttp://verdict.justia.com/2012/08/17/teaching-and-learning-about-united-states-v-alvarez-the-stolen-valor-act-case
Deciding what to advise an accused about deportation or sex offender registration is easy (isn’t it). But, Aguilar-Turcios v. Holder, might lead to a different conclusion. Justia.com Opinion Summary: Petitioner, a native and citizen of Honduras and a lawful permanent resident alien of the United States, petitioned for review of…
1. None of the Supreme Court Justices Has Battle Experience, Andrew Cohen, The Atlantic. This is the first of a two-part series on the Supreme Court and the military. Today’s article focuses on the military history of the men who later became justices. Part II will focus on the disconnect…
Here is a link to Orin Kerr’s review of Fourth Amendment cases from the 2011 SCOTUS term.
Justice Scalia’s new book, “Reading Law: The Interpretation of Legal Texts,” is available. Here’s the puff piece from Amazon. In this groundbreaking book by best-selling authors Justice Antonin Scalia and Bryan A. Garner, all the most important principles of constitutional, statutory, and contractual interpretation are systematically explained in an engaging…
To paraphrase CMTG, Military (Federal) Rule of Evidence 801(d)(1) provides that A statement is not hearsay if: 1. The declarant testifies and is subject to cross-examination about a prior statement. 2. The declarant testified under oath at a prior “hearing” or “or proceeding.” 3. The prior statement is inconsistent with…
This is an academic book written in a very accessible style with limited jargon and lots of information as to what advocacy lore is supported (and what is not supported) by the research literature. The book covers a wide variety of topics: attorney demeanor, attorney verbal communication as well as…
The July issue of The Jury Expert is now on-line. There are several items of interest to the trial practitioner. I was always told: Tell ‘em what you’re going to tell ‘em; Tell ‘em; Tell ‘em what you told ‘em; Sit down. But now there’s a different perspective about what…