Category Archives: Law

Jefferson on Judicial Review

Posted on March 28, 2018 by Blowhard, Esq.

Blowhard, Esq. writes: You seem … to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest … Continue reading →

Posted in Law, Politics and Economics | Tagged judicial review, Supreme Court, Thomas Jefferson | 1 Comment

The Law is a “Propaganda Weapon,” Says Former Supreme Court Justice

Posted on March 27, 2018 by Blowhard, Esq.

Blowhard, Esq. writes: In today’s New York Times editorial page, former Supreme Court Justice John Paul Stevens calls for the repeal of the Second Amendment. In doing so, he attacks the majority decision in DC v. Heller written by Scalia: … Continue reading →

Posted in Law, Politics and Economics | Tagged propaganda weapon, Second Amendment, Supreme Court | 2 Comments

Mueller? . . . . Mueller? . . .

Posted on January 29, 2018 by Fenster

Fenster writes: Most of my friends are liberal, which in the current era is to say progressive, which in the current moment is to say increasingly illiberal about a lot of things. A closed mind seems to many to be … Continue reading →

Posted in Law, Politics and Economics | Tagged russiagate, toobin | 4 Comments

Quote Du Jour: Usage Which is Reasonable Generates Usage Which is Unreasonable

Posted on September 10, 2017 by Blowhard, Esq.

Blowhard, Esq. writes: The usages which a particular community is found to have adopted in its infancy and in its primitive seats are generally those which are on the whole best suited to promote its physical and moral well-being; and, if … Continue reading →

Posted in Books Publishing and Writing, Law | Tagged Henry Sumner Maine, law | 1 Comment

Possible Good News on Civil Asset Forfeiture

Posted on March 12, 2017 by Fenster

Fenster writes: Fenster is highly suspicious of the practice of civil asset forfeiture, and wrote of the issue here. You may know that the law often allows police or other authorities to keep the ill-gotten gains from a criminal transaction. … Continue reading →

Posted in Law, Politics and Economics | Tagged Civil Asset Forfeiture, Clarence Thomas, Supreme Court | 3 Comments

Quote Du Jour: From Pulp Fiction to Sober Reporting

Posted on March 9, 2017 by Blowhard, Esq.

Blowhard, Esq. writes: The Old Bailey Session Papers [the law reports for London’s main criminal court] originated close to an earlier genre of popular literature, the sensation-mongering chapbooks, which were pamphlet crime reports that date back to Elizabethan times. The chapbooks … Continue reading →

Posted in Books Publishing and Writing, Law | Tagged law reports, pulp fiction | Leave a comment

Quote Du Jour

Posted on February 21, 2017 by Blowhard, Esq.

Blowhard, Esq. writes: At provincial assize courts in the Elizabethan-Jacobean period (1558-1625) the average duration of a trial, including time for jury deliberations, has been reckoned at between fifteen and twenty minutes. These were cases of felony, which still in Elizabethan … Continue reading →

Posted in History, Law | Tagged adversary trial, criminal law, criminal procedure, John H. Langbein, Old Bailey | 3 Comments

Great Moments in American Law

Posted on August 5, 2016 by Blowhard, Esq.

Blowhard, Esq. writes: About a month ago, a Georgian judge and defendant engaged in an epic pissing match during a criminal hearing. The team over at RICK AND MORTY has animated the exchange for us using the court transcript. Watch and … Continue reading →

Posted in Law | Tagged criminal law, criminal procedure, Georgia | 1 Comment

Faking It

Posted on May 16, 2016 by Fenster

Fenster writes: Steve Sailer asks if fake hate crimes are against the law. Apparently not, in a lot of places. But should criminal penalties apply? And is a fake hate crime itself a hate crime? And should it be prosecuted … Continue reading →

Posted in Law, Politics and Economics | Tagged fake hate crimes, hate crimes, Steve Sailer | 2 Comments

Scalia’s Sore Winners

Posted on February 16, 2016 by Blowhard, Esq.

Blowhard, Esq. writes: I spent a good part of the weekend marveling at the lefty reaction to Antonin Scalia‘s unexpected death. Did your Facebook feed shamelessly explode with unrestrained celebration too? There are few things more grotesque than watching a bunch … Continue reading →