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.…
The Fool’s Guide To Person-First
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…