One of the perpetual conundrums of law is when rights conflict, one has to give. Oftentimes, the relative rules are crafted by looking at a standalone right, extolling its virtues and then protecting it from encroachment. It’s a fine system,
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Criminalizing The Impossible
In the scheme of impossible demands, the sex offender registry concept has more than its share. Much as there may be empathy for certain crimes and criminals, sex offenders remain pariahs as an incident to rape culture and believing women.
Credential Creep
Before my son graduated from college, we talked about his job search. I, font of wisdom that I am, told him about what it was like when I was young. He, more attuned to the current world, told me that
The Hundreds Who Will Follow Tyre Nichols
As there always are, there will be apologists who will try to explain away a murder. They didn’t mean to kill him, but only beat him to a pulp to show him who’s boss? He should complied harder and then
The Fool’s Guide To Person-First
Years ago, I came to the realization that calling my client “the defendant” rather than by his name fed into his dehumanization. He wasn’t a person, but a defendant. Similarly, I never called the prosecution “the People,” as was stylized
Seaton: The Slapfight
A crowd gathered at Garage 16 on a cold January night in Mud Lick.
The air was thick with the smell of booze and cigarettes, a change from the normal odors of oil and machinery. The crowd surrounded the shop
Is A Unanimous Jury Too Much To Ask For Death?
As Judge Peter Kubota ordered the shackled removed from Ian Schweitzer, who served 23 years for a murder and sexual assault DNA evidence showed he likely didn’t commit, perhaps the foremost reason this was possible is because Schweitzer wasn’t put
Is “Tradition of Regulation” A Free Speech Exception?
The question posed to the original three-judge panel of the Ninth Circuit was whether the state of Washington could prohibit a licensed therapist, Brian Tingley, from advising his patient under the age of 18 to undergo “conversion therapy,” defined by
Tuesday Talk*: Are Sponsorships The Next Title IX Violation?
When the NCAA was compelled to allow college athletes to enjoy million dollar sponsorships for their name, image and endorsement, many applauded that the students would finally be allowed to partake of the bounty that had previously gone only to
In Loco Parentis
While I’m sure they exist, I can’t imagine a parent who believes that someone else, someone at school, would make better choices for their child than they would. Yet, parents believe that schools should be empowered to make decisions for other