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The Individual, Elevated

June 4, 2015

I was driving up to Phoenix—work, not pleasure—on Wednesday afternoon, listening to NPR. Hearing ‘Worst-of-the-worst’ Taliban leader may be set free on PRI’s The World crystallized some thinking for me and provided the theme for this piece.

The Taliban leaders who may be set free were responsible for an Afghan uprising in the earlier 2000s, in which CIA operative Mike Spann died. (His was the first American death in the Afghan war.) In the story Charlie Sennott reports on conversations with Johnny Spann, Mike Spann’s father. Mr. Spann is furious about the Obama Administration not consulting him about the possible release. Mr. Sennott closes his story by noting that “at a minimum [Johnny Spann] wants an explanation, and I think

John Donne

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Tucson – Positivity

May 31, 2015

Mark Rubin

I left you yesterday with a promise of positivity. I also assured you that there are no easy answers or quick fixes. Our hole is deep and old, and it won’t get filled easily or quickly.

So, what? We need to start this endeavor by recognizing our situation. The late Reverend Forrest Church, quoted by MRW before, said “Want what you have; do what you can; be who you are.”

Who are we, Tucson? We’re a very large second tier city, with lots of problems. But we’re also an old city with a strong sense of self, and we have an amazingly generous spirit. From my fund development days, I recall Tucson outperforming much larger cities—think of one just

Tucson

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Venerating Legislatures and Bashing Courts

May 11, 2015

Mark Rubin

Many people venerate legislatures, at the expense of courts. Most recently, Dr. Ben Carson, a candidate for the Republican nomination for President of the United States, said:

We have to understand how the Constitution works. The president is required to, you know, carry out the law of the land. The laws of the land come from the legislative branch. So if the legislative branch creates a law, or changes the law, the executive branch has responsibility to carry that out. It does not say they have a responsibility to carry out a judicial law. And that is something we need to talk about.

(If you think a doctor doesn’t know because, you know, blood and all that, read Huckabee A

courts, Dr. Ben Carson, Governor Mike Huckabee, legislative branch

Law, The Rest of Everything

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Amtrak: Failure Serving Political Purposes

April 26, 2015

Mark Rubin

Deeply frustrating are situations where Congress assures failure, after which those who wanted failure can say “told you so!” So, for example, the Internal Revenue Service budget has been cut in nominal and inflation-adjusted dollars since 2010. Now, Congressional Republicans—who are hardly fans of taxes or the IRS—blame delays and poor service on a poorly functioning Internal Revenue Service.

Today, though, I am focusing on Amtrak.

The Sunset Limited, Saturday morning, April 24, on the way to New Orleans

Why America Can’t Have Great Trains? by Simon Van Zuylen-Wood for National Journal on April 18, and the Japanese maglev train, caught my eye and provided the inspiration for this piece.

Amtrak has been around since 1970. It was created during

Amtrak, maglev train

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Senator Ted Cruz

April 24, 2015

Mark Rubin

Senator Marco Rubio, check! Senator Rand Paul, check! So, let’s do Senator Ted Cruz (R-Tex.) today. Why Senator Cruz? Two reasons: First, he rounds out the field of first-term senators; Second, I’ve been in a bit of a funk for a couple of days, and the opportunity to expose this puerile personification of pestilence will surely lift up my spirits.

Senator Cruz has been a United States Senator for 841 days. For eight-plus years he served as the Texas Solicitor General. In earlier years he clerked for a Fourth Circuit judge, and for Chief Justice William Rehnquist, before he worked for a firm known for its advocacy for conservative causes

Cruz fans claim he’s smart. “He went to Princeton and

Senator Ted Cruz

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Stupid Lawsuits

April 20, 2015

Mark Rubin

Stupid lawsuits are sometimes just causes with which some people disagree. So, for example, there was Stella Liebeck v. McDonalds, the hot coffee/third degree burn case from 1992. The mainstream media thought a $2.9 million damage/punitive damage award for spilled coffee was absurd, while others—notably, plaintiffs’ personal injury associations—provided another perspective.

National Federation of Independent Business v. Sebelius and King v. Burwell seemed like marginal cases when they were filed. Both ended up in the U.S. Supreme Court; the first almost destroyed the Affordable Care Act, and the second may do so still. So, with a healthy respect for how cases can turn out, I’m aware of three stupid lawsuits in the federal courts right now, wasting taxpayer

Governor Rick Scott, lawsuits, Senator Ron Johnson, Speaker John Boehner

Law

The Practice of Law – It’s a No Whiner Zone

April 6, 2015

Mark Rubin

If you haven’t heard me whining about the practice of law it’s only because I don’t know you well enough to burden you. (You who are nodding? I know who you are!) Attorneys tend to see people in the most difficult settings, often after an opportunity to avoid a problem has passed. We’re expected to assume our clients’ side, good or bad, 24/7. We’re expensive; at the same time, however, economic forces have changed practice models, making it harder to make money. Blah, blah, blah!

Honestly, though, I can’t imagine—as in, I really can’t imagine—any other occupation for myself.* I do work indoors, people show me a level of respect I don’t think I deserve, and there’s no heavy lifting.

attorneys, Kimble v. Marvel Enterprises, law school, legal services

Law, The Rest of Everything

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More Thoughts About the Iran Deal

April 4, 2015

Mark Rubin

I’m not finished! The Washington Post’s Friday editorial, Obama’s Iran deal falls far short of his own goals, prompted some additional thoughts.

The editorial takes issue with the Iran nuclear deal because, in 2012, President Obama set certain markers which this deal does not reach. Truth be told, the observations in the editorial are measured, and there should be a debate about the deal. That said, it’s simply silly to complain about the deal because the United States did not get everything it wanted.

A major part of my law practice involves negotiating. Some of it gets pretty mundane, right down to where we’re going for lunch. Then, though, there is stuff that matters, like how much a case

Iran deal, negotiating, President Obama

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Indiana, Again!

April 3, 2015

Mark Rubin

As faithful MRW readers know, there are stories we report on, and then there are stories! Indiana is a story!

Here from March 31 is Amy Davidson for the New Yorker, writing Why a G.O.P. Gambit Backfired in Indiana. Ms. Davidson writes well, and she offers the traditional take on the situation: Governor Pence and the Indiana legislature f*cked up, big-time.

Then we have the matter of pizza and weddings. Memories Pizza, in Walkerton, won’t cater same-sex weddings. (Like, sure, lots of couples, whatever their gender preferences, want this joint to handle the wedding gala.) Madeline Buckley wrote Threats tied to RFRA prompt Indiana pizzeria to close its doors for the Indianapolis Star, updated on April 2.

Now, I’ve

Governer Mike Pence, Indiana

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47 Again – The Letter to Iran

March 13, 2015

Mark Rubin

Remember 47? in case you don’t, Fact-checking Romney’s “47 Percent” Comment by Lucy Madison for CBS on September 25, 2012 will refresh your memory.

I mention 47 because the number is back in the news, brought to you again by the Rs. On Monday, March 9, Senator Tom Cotton (Rep.-Ark.) authored a letter to the Iranian government about the nuclear proliferation deal being negotiated between Iran, the U.S., and five other nations. Here’s the letter, signed by Senator Cotton and, you guessed it, 46 other Republican senators. If one more or less senator’s signature was on the letter, my theme would have been blown!

Numbers, theme, and kidding aside, the conduct at issue should shock anyone who

iran letter, John McCain, President Obama, Rand Paul, Tom Cotton

Law, The Rest of Everything

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