You would be hard pressed to find anyone more in favor of equal rights for gay men and women than yours truly. But I am completely dumbstruck at the outrage expressed over the arrest of Kaitlyn Hunt, an 18 year old girl from Florida, who was charged with lewd and lascivious battery of a child …
Category Archive: Constitutional Law
Apr 20 2013
Read Dzhokar Tsarnaev His Rights, Get Him a Lawyer, Try Him Fairly and Publicly, Then Convict Him and Throw Away the Key
The argument is raging on all the news channels. Do we have to read Dzhokar Tsarnaev his Miranda rights? Sen. John McCain and others are insisting that he can be treated as “an enemy combatant” or that the “public safety” exemption can be applied. While I disagree that both premises are valid, that’s not the …
Mar 29 2013
Where’s Earl Warren When You Need Him?
As I read the various arguments made before the US Supreme Court in the two gay marriage cases heard this week, and with Roman Catholic Easter coming up this Sunday, I can’t help but wish we could resurrect my personal legal Jesus, Earl Warren, to replace John Roberts as Chief Justice for awhile. Justice Warren …
Mar 20 2013
Supreme Court Upholds First-Sale Rights of Foreign Bookseller
In a stunning blow to large publishers, the United States Supreme Court overturned two lower courts in determining that the copyright law did not prevent a Thai student-entrepreneur named Supap Kirtsaeng from buying cheaper, legally-obtained versions of various textbooks in Thailand, bringing them to the US, and then re-selling them to his fellow students here …
Mar 07 2013
The Man the State Forgot
I am not clear how this happens in America in 2013. Steve Slevin was pulled over for DWI in Dona Ana County, New Mexico. Slevin was soon placed in padded cell in the jail’s floor, naked with only a suicide smock on, as a form of detoxification. Slevin then went into medical observation for a …



