Where’s the Suit?

August 10, 2014

When my friend C.M. gets a burr up his backside, he calls me up and tells me he wants to “law” someone. Back home, he says, folks law one another! Who knew?

C.M. comes up with possible suits from time to time. I talk him down from them, pretty patiently. (Haven’t filed one yet!) That’s what good attorneys do, sometimes there’s even a free lunch in it, and the company is always terrific!

Now, if C.M. ever persuaded me to law someone on his behalf, the time between “we’re lawing” and when he expects me to file the suit will be measured in nanoseconds. We know what we’re doing, we’ve talked it to death, just do it!

I mention C.M.

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Law and Economics

August 3, 2014

Judge Richard Posner sits on the Seventh Circuit Court of Appeals in Chicago, where has been for almost 33 years. (Attentive readers will recall a mention in Odds and Ends on July 11.)

Judge Posner also teaches and writes. He’s still a Senior Lecturer—albeit a part-timer—at the University of Chicago Law School and has written almost 40 books. He has a page at Slate.com and writes frequently for many publications. One of his most highly publicized pieces, The Incoherence of Antonin Scalia, reviewed Reading Law:  The Interpretation of Legal Texts, written by Antonin Scalia and Bryan Garner, appeared in the New Republic in August 2012. Judge Posner was very direct, although he does report that he did

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The Lawsuit

August 2, 2014

I’ve been involved in hundreds of lawsuits. Never in one as silly, though, as the one have we’ve all been hearing about:  House of Representatives v. Obama.

I’ve been pretty quiet about this fiasco the Republicans in the House of Representatives plan to foist on us. Everyone has a limit, though, and I’ve reached mine. Alas, Ms. J tells me I must be civil, and that George Carlin’s Seven Dirty Words are OFF LIMITS! (BTW, the shtick is definitely dated.) So, here’s one link from Huffington Post, GOP Admits it’s Hypocritical To Sue Obama Yet Urge Him To Act Alone On Border Crisis. Before you go all “he’s quoting liberals,” read the piece. It quotes two pretty

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Basics: Contracts!

July 29, 2014

Back to basics today! What is a contract? Well, at its most basic it’s an agreement between two or more parties, where consideration passes between them.

What is consideration? Something tangible or intangible, a promise to do or not do something, or doing or not doing something. Basically, if someone gives something up, however, significant or insignificant it may be or seem to be, it constitutes consideration.

The classic contract involves an offer, acceptance, and consideration. So you offer to pay me money to provide legal services, and I agree to provide those services. We have a contract. For some purposes—like conflicts of interest, for example—we have a completed contract. That means I cannot represent someone else, adverse to you,

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(Not So) Funny Things are Happening … at the Courthouse

July 23, 2014

You probably heard the news on Tuesday. First up:  the D.C. Circuit Court of Appeals reversed a District Court ruling which had upheld subsidies for insureds purchasing health insurance on the federal exchange. Bad news for the Affordable Care Act. Then, about an hour later, came the opinion from the Fourth Circuit in Richmond, upholding a District Court ruling which had also upheld federal exchange subsidies.

So, we have an Administration victory in the Fourth Circuit (3-0), and a loss in the D.C. Circuit (2-1). A mess, for sure, but not one that cannot be understood.

What’s the fight about? Without going too far into the weeds, there’s a clause in the law which provides for subsidies for insurance

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My Not So Very Complete Supreme Court Roundup

July 14, 2014

I was consolidating pieces I’ve read and noted for further referencing. Plenty got tossed, and some material will pop up on Wednesday (and future Wednesdays). I did find some writing about the Supreme Court, though, which made me think it’s time for a bit of a wrapping up.

I don’t have the constitutional chops for a term in review. I looked for some on line, and all I found was this invite for the Supreme Court Round-Up in Tulsa, OK on July 24. Alas, I won’t be able to make it, but the price is right—$15.00—and you get two hours of CLE and refreshments.

Adam Liptak covers the Court for the Times now. He’s a Yale Law grad who practiced

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The Suit

July 11, 2014

I’m writing about the suit.

Hugo Boss suit, circa 1998

Hugo Boss suit, circa 1998

No, not the one you see, although it’s an old favorite. About 15 years old. Worn, worn, worn, but it was a beaut in its day. It’s still in my closet, it works if I leave the jacket on, and it still fits, so long as I’m exercising and not eating too, too much!

No, I’m discussing Boehner v. POTUS, Speaker John Boehner’s intended suit against President Barack Obama. Before I get ahead of my comments on this stupid f*cking political stunt, let’s review the bidding.

In June the Speaker announced plans to sue the president for what he claims are abuses of power. House Republicans take umbrage

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Hobby Lobby and Final Thoughts

July 8, 2014

Here are a few final thoughts on Hobby Lobby. (I’m pretty sure I’ve said that before; however, Hobby Lobby seems to be the case that won’t go away.)

The Supreme Court takes about 70 cases during each nine month term. It only takes those cases it chooses to hear. Matters of great import, and cases where the federal circuits are split, represent its caseload. And, while its decisions directly affect the parties in the case, broad principles and clarifying/shaping the law provide its raison d’etre.

We pay the justices to handle the hard questions. And we expect, rightfully, that they come at each case straight up. (Yes, I know five male, Catholic members of the Court gave companies

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Hobby Lobby? I’m Done with You!

July 1, 2014

“Where do I begin … ?” Let’s start with the fact that, had the alleged model for the protagonist in Love Story, Albert Gore, Jr., been inaugurated in 2001 and re-elected in 2004, the Supreme Court would be issuing very different decisions. Elections matter!

That said, the Republic will survive Hobby Lobby and much of the rest of the Court’s mischief during the recent past. Certainly, in many ways the Court has made life in these United States worse for many people, but we’re strong and we will survive.

Lots and lots of commentary on this decision, and it’s all over the map. Frankly, I found much of it not very helpful, although I do commend the SCOTUSblog,

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