Expert Testimony

Mar 26, 2018

Sybil Procedure: The Aristotelian ethics of good legal writing

Aristotle teaches us that words can persuade in three ways.

Mar 22, 2018

Don’t count on Sessions protecting Mueller

What would Attorney General Jeff Sessions do if President Donald Trump fired Special Counsel Robert Mueller? That’s easy: He’d nod and keep clinging to his post.

Mar 22, 2018

Justice Department headed down dangerous path

To make sense of the new information you have to start with the puzzle surrounding the McCabe firing on Friday.

Mar 22, 2018

Embedding tweet could be copyright infringement

The U.S. District Court Southern District of New York ruled in February that one could infringe a copyright simply by embedding a tweet in a web page.

Mar 15, 2018

California becomes new cradle of states’ rights

To people in the rest of the U.S., California can seem like a foreign country. From Donald Trump’s perspective, the feeling may not be purely cultural.

Mar 15, 2018

Briefly: Tips for opposing certiorari for SCOTUS novices

Here are some tips to demystify the high court and its certiorari procedures.

Mar 13, 2018

Rule Kellyanne Conway broke seems unconstitutional

The circumstances of the case show why the First Amendment should be interpreted to protect a federal employee who is talking politics in a public forum.

Mar 13, 2018

All in the Family: Life insurance as security for child support

On Feb. 5, 2018, the Minnesota Court of Appeals issued a lengthy, yet unpublished, opinion concerning an obligor’s responsibility to maintain life insurance as security for child support payments — and the consequence to his heirs if he or she fails to do so.