Category Archives: Law

Hip hip for Harvard

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Whether it was a high school football game on a Friday night or a college matchup you have probably all participated in a roaring cheer at one time or another. Anyone who has been following these posts for a while knows that I earned a bachelor’s degree from Princeton many years ago where I cheered on many a Princeton team. The college cheer was in fact heard for the first time at the famous first ever college football game between Princeton and Rutgers in 1869.

I write that preamble so that you get the significance of my rousing cheer for Harvard, Princeton’s rival among rivals in the league of elite universities. It is special when a Princeton tiger is moved to compliment people who wear crimson robes. Harvard does have a mascot I am told. But it appears to be an inanimate statue of the school’s founder, which must look strange along the sidelines. I digress.

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John Adams Nightmare

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“We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry, would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”

John Adams, letter to the Massachusetts Militia, October 11, 1798

Our second president predicted that our republic, if it were to fail, would fall as a result of corruption from within. He was remarkably prescient. Many of his writings emphasized the idea that the government’s success relies on the moral integrity of its citizens.

“Liberty cannot be preserved, if the manners of the people are corrupted, and if they are not virtuous.”

John Adams, “Thoughts on Government”, 1776.

We are living John Adams’ nightmare.

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Poor John Roberts

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John Roberts is annoyed. I had picked a stronger word, but Merriam-Webster says my word is considered vulgar in both Britian and the United States, so I chickened out.

Please take note. When the Chief Justice of the United States is annoyed he clearly expects us all to pay heed. I spent all of three seconds taking heed. And then began laughing uncontrollably.

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Pardonnez-moi

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Yes, he’s a liar. Yes, he’s a hypocrite. Let’s drive him out of office. Let’s forget that he brought us through the Covid crisis, stabilized the economy, passed laws designed to fund future growth and development, expanded healthcare and restored America’s standing among its allies. Let’s call him an old fool, a disgrace, and never vote for him again.

Wait a minute.

Excuse me if I don’t get on the bandwagon in the media and on both sides of the political divide in condemning President Joe Biden for pardoning his son Hunter. To steal a phrase (“Gone with the Wind”), frankly my dear, I don’t give a damn.

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Here We Go Again

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It was about 3:00am the day after the election in 2016 when I came to the conclusion that Donald Trump would win, beating Hillary Clinton. This time, I knew it at midnight.

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The Supremes Über Alles

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In my two previous columns (here and here) I detailed some of the winners and losers resulting from the opinions issued during the Supreme Court term just ended. Now let us look at the biggest winner of them all, the Supreme Court itself. In the last three weeks of the term, the Supreme Court transferred much of regulatory and administrative authority and rulemaking to itself. The federal courts were not authorized and are not equipped to serve as roving regulators of last resort for hundreds of federal agencies. According to the Court:

  • Judges know more about science than scientists.
  • Judges know more about medicine than doctors.
  • Judges know more about structural safety than engineers.
  • Judges know more about climate change than meteorologists.
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The Supreme’s Trainwreck

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Every summer professors at the nation’s law schools huddle to discuss what, if any, changes should be made to their teaching curriculum after the Supreme Court term just ended. This year, they are scrambling to deal with the train wreck for constitutional law that was the Court’s 2023-2024 term.

I am not a lawyer. But after fifty years as a journalist, I am spending my emeritus years in part teaching a course titled “Media Law and Ethics for Journalists” in the UCLA Extension program. This is a required course in the school’s journalism certificate program and is available online.

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