Should Supreme Court Justices Be Nominated Exclusively From The Ranks Of Sitting Trial Or Appellate Judges?
Posted: December 31, 2012 Filed under: Appellate Law | Tags: andrew mcdonald 2 CommentsGovernor Malloy recently nominated his chief legal counsel, Andrew McDonald, to fill a position on the Connecticut Supreme Court created by the retirement of Justice Lubbie Harper, Jr. In a just-published column, Manchester Journal Inquirer managing editor Chris Powell raises a number of questions about McDonald’s nomination. As a former state legislator and as the governor’s legal counsel, Mr. McDonald has taken strong positions on a variety of issues, including religious liberty and freedom of information. Powell is right to identify these issues, and asking Mr. McDonald about them during his confirmation process is both legitimate and appropriate. Read the rest of this entry »
The Rule Of Law In Colonial Connecticut
Posted: December 30, 2012 Filed under: General Law, Legal History | Tags: code of 1650, due process, fundamental orders, magna carta, roger ludlow Leave a commentWhat, if anything, do Connecticut’s earliest legal documents have to say about the rule of law and its relationship to an orderly society? Let’s start with a document known as the Fundamental Orders, adopted on January 14, 1639 (or perhaps 1638 according to some sources). The phrase “Constitution State,” which we see so often on the license plate of the car in front of us, is based on the notion–accepted by some, disputed by others–that the Fundamental Orders represent the first written constitution in the western world. The Orders (of which there were eleven) established a formal confederation among the towns of Windsor, Wethersfield and Hartford and set forth a form of government. However, it is the introductory paragraph, a preamble of sorts, that explains why a government is desired: Read the rest of this entry »
The Death Penalty In Connecticut–1640’s to 1660’s
Posted: December 25, 2012 Filed under: Legal History | Tags: death penalty, death penalty children Leave a commentThe Connecticut General Assembly recently abolished the death penalty, albeit on a prospective basis only. The Connecticut Supreme Court will soon hear arguments on the constitutionality of executing individuals convicted of capital crimes before the death penalty was repealed. While researching this issue, I came across a wonderful site that has archived early Connecticut laws. Read the rest of this entry »
The War On Christmas–Not!
Posted: December 25, 2012 Filed under: General Law, Legal History | Tags: war on christmas Leave a commentWell, there is just enough snow on the ground for today to qualify as a “White Christmas!” No doubt the folks over at Fox News would have considered the absence of snow on the ground (at least in the New England states) further evidence of the “war on Christmas” that they are so certain is being fought in this country. But as any fan of The Daily Show knows, that “war” can be traced back to our Puritan ancestors, who actually banned the public observance of Christmas for a period of time during the mid-1600’s. Read the rest of this entry »
Legal Health Break
Posted: December 21, 2012 Filed under: Legal Health Break | Tags: captain kirk, meaning of the constitution, star trek, william shatner Leave a commentCaptain Kirk on the meaning of the U.S. Constitution:
Judge Bork And The Law Of Unintended Consequences
Posted: December 19, 2012 Filed under: Appellate Law Leave a commentJudge Robert Bork died today at the age of 85. I don’t need to tell readers of this blog who he was and how he became so well-known to the general public. The sole point of this post is to ask whether the political left would have attacked him the way it did if it had been able to foresee how its excoriation of the judge following his nomination to the U.S. Supreme Court would politicize the judicial nomination process beyond imagination. Read the rest of this entry »
Judge Posner On The Costs And Benefits Of Imprisoning The Elderly
Posted: December 19, 2012 Filed under: Appellate Law, General Law Leave a commentI am not a criminal lawyer and I have no experience, education or meaningful understanding about the sentencing of convicted criminals. So I am not in a position to critique this recent concurring opinion by Judge Richard Posner of the Seventh Circuit Court of Appeals, except to say that it clearly reveals his “law and economics” approach to all things legal. Posner can turn any problem–including sentencing–into a cost/benefit analysis. Read the rest of this entry »
CBA Judicial Interview Project Goes Public!
Posted: December 17, 2012 Filed under: Appellate Law, Practice and Procedure Leave a commentIf you want to know what six present and past justices of the Connecticut Supreme Court think about effective appellate advocacy, follow this link to the Judicial Interview Project of the CBA’s Appellate Advocacy Section.
Over the past several years, section members (including yours truly) have interviewed some of our state’s most distinguished appellate jurists about the qualities that go into good appellate briefs and oral arguments. The justices were incredibly generous with their time and spoke with complete candor. These interviews are “must see TV” for any lawyer who appears before any appellate court. And thanks to the pro bono efforts of Brandon Smith Reporting, transcripts of the interviews are also available.
CT Bar Foundation Inaugural Judge Mark R. Kravitz Symposium: “Exploring the Vanishing Trial Phenomenon”
Posted: December 13, 2012 Filed under: General Law Leave a commentFor members of the bar who were unable to attend the Connecticut Bar Foundation’s Inaugural Judge Mark R. Kravitz Symposium last week on the phenomenon of the vanishing trial, it is available via the web through CT-N’s “On Demand” website. Click here to link to the video.
It was a great program and well worth watching. Fantastic panelists. Kudos to the folks at the Bar Foundation who organized it in honor of Judge Kravitz, who passed away several months ago at the untimely age of 62 from Lou Gehrig’s disease.
Supreme Court Agrees To Hear Same-Sex Marriage Cases
Posted: December 7, 2012 Filed under: Appellate Law Leave a commentThe Supreme Court has agreed to consider the constitutionality of the federal Defense of Marriage Act (“DOMA”) and California’s Proposition 8. Here is the link to the order granting the cert. petitions:
http://www.supremecourt.gov/orders/courtorders/120712zr_3f14.pdf
For more on this important development, click here.
Appealingly Brief! 