Humpty Dumpty And The Law
Posted: January 10, 2013 Filed under: General Law | Tags: humpty dumpty, lewis carroll Leave a commentAll lawyers have literary sources on which they rely for quotes to make a point in a brief. One of my favorite sources–which I admit I probably overuse–is Humpty Dumpty. Or perhaps I should say Lewis Carroll’s Through the Looking-Glass, published in 1872. Lawyers (and judges) trying to make a point about limits on the malleability of the English language often quote the following conversation between Humpty Dumpty and Alice: Read the rest of this entry »
Governor Malloy Nominates Judge Espinosa To Supreme Court
Posted: January 7, 2013 Filed under: General Law Leave a commentGovernor Malloy has announced that he will nominate Connecticut Appellate Court judge Carmen Espinosa to the Supreme Court, to fill the seat vacated by the recent retirement of Justice Ian McLachlan. This follows on the nomination of Andrew McDonald, the governor’s chief legal counsel and a former state senator, to fill the Supreme Court vacancy created by the retirement of Justice Lubbie Harper, Jr. Read the rest of this entry »
Is The United States Constitution Broken?
Posted: January 5, 2013 Filed under: General Law | Tags: broken constitution, lewis michael seidman, on constitutional disobedience, our undemocratic constitution, professor levinson, sandy levinson, sanford levinson, structure Leave a commentCongress is dysfunctional. Our federal government appears incapable of addressing the most pressing issues facing our country without repeatedly bringing the nation to the brink of financial disaster. Many people ask themselves, “Why can’t our elected representatives rise above petty partisan politics and act for the public good?” Respectfully, I think that is the wrong question. Rather, we should ask, “Why do our elections constantly seem to produce officials who can’t govern effectively, who can’t make the reasonable, rational compromises that make for a workable, functioning democracy?” We should also ask, “Are there problems with the way our government is structured that contribute to its dysfunctionality?” (I use the term “structure” here broadly to include not only the division of our government into three distinct branches, but also the structure, powers and rules governing each branch and the elected or appointed officials who occupy them.) And because the structure of our federal government is determined by the United States Constitution–a document drafted in 1787, adopted in 1789, and amended only twenty-seven times since then (but really only seventeen times if you treat the Bill of Rights as one big amendment)–we must consider whether the Constitution itself is in need of repair. Read the rest of this entry »
Ethel Silver Sorokin: A Life Well Lived And Well Worth Remembering
Posted: January 3, 2013 Filed under: General Law 1 CommentBy Mitchell W. Pearlman
Ethel Silver Sorokin died on December 11, 2012. Given the magnitude of the terrible tragedy that occurred in Newtown that week, it was easy for those who know little or nothing about Ethel to miss the news of her death. But her death – and more importantly her life – are well worth remembering. For along with her deceased husband, Milton, Ethel was one of the last of a breed of lawyers dedicated by principle to defending the First Amendment and Freedom of Information from the perpetual attacks against it.
Who Owns Space?
Posted: January 2, 2013 Filed under: General Law | Tags: property rights, space, space law Leave a commentI’ve always thought that humans arguing over who owns space is a lot like a bunch of fleas arguing over who owns the dog they’re living on. But like any viable economic system, the successful exploitation of resources available via space travel requires a set of workable rules for recognizing property rights in space. As this interesting article in The New Atlantis-A Journal of Technology & Society explains: 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 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 »
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 »
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.
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 »
Appealingly Brief! 