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arguments on the constitutionality of executing individuals convicted of capital crimes before the death penalty was repealed.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.
Our State Government: Three Branches Or A Seven-Headed Hydra?
Posted: December 4, 2012 Filed under: General Law | Tags: kevin lembo, three branches 1 CommentThe Connecticut Constitution, like the federal constitution, divides government into three branches. I love the language of Article Second of the state constitution:
The powers of government shall be divided into three distinct departments, and each of them confined to a separate magistracy, to wit, those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.
It couldn’t be simpler, right? Three branches or departments: executive, legislative and judicial. Period. End of story. Read the rest of this entry »
Selecting Issues On Appeal
Posted: November 28, 2012 Filed under: Appellate Law, Legal Videos, Practice and Procedure Leave a commentDeciding which issues to present on appeal is one of the most important decisions an appellate lawyer must make. Here are some thoughts on the right way (and the wrong way) to select issues.
Appealingly Brief! 