Archive for the ‘Law Notes’ Category

January 3rd, 2013

I agree completely with Mark about the grotesque refusal of the House GOP to renew the Violence Against Women Act, and about future Democratic strategy concerning it.  But I think that Cantor was being completely honest here. Southern conservative hostility toward tribal courts goes back aways.  Consider the example of Sam Ervin, who nowadays is [...]

November 14th, 2012

Making the rounds at law schools for Good Counsel: Meeting the Legal Needs of Nonprofits, I’m heartened to meet so many students interested in serving on charities boards in their communities.  My recent talk at Harvard Law School about how law students and young lawyers can start preparing for the trustee role is available here.

November 6th, 2012
September 4th, 2012

The Obama Administration’s decision — released the Friday afternoon before Labor Day — that no one will be held accountable for the systematic policy and use of torture would be more nauseating if it were not so predictable.  I cannot add to Lemieux, Serwer, Drum, Sullivan, and Greenwald, and you should read them. American political [...]

August 8th, 2012

The phrase is Yiddish, and it means “a disgrace in front of the Gentiles.”  Abbie Hoffman famously used it in the Chicago Seven trial to describe the (Jewish) judge.  Whether it was true for the judge is open to question, but right-wing anti-Zionist Sheldon Adelson is working hard to make it apply to him. Not [...]

July 23rd, 2012

Although nonprofit organizations can make a big impact, they tend to have tiny or nonexistent legal teams. Even for the lucky few charities with a lawyer in-house or close by, it’s impossible for one attorney to know enough about all the different areas of law to be able to address all the organization’s needs.  Fortunately, [...]

June 25th, 2012

Under current doctrine, the SB 1070 case came out the right way.  I hate Section 2(B) – the infamous “papers, please” provision – but it isn’t unconstitutional for state officials to enforce federal law (even federal civil law, which includes immigration) and then turn offenders over to federal officials.  Generally speaking, it isn’t an issue, especially in immigration [...]

June 25th, 2012

From Justice Alito’s angry dissent in the Supreme Court’s decision invalidating general and mandatory life sentences without parole for juvenile murderers: Nothing in the Constitution supports this arrogation of legislative authority. That’s right, Sam.  We certainly don’t want to usurp legislative authority.  Oh, no.  So of course we would never dream of invalidating the Affordable [...]

April 19th, 2012

Should Sheriff Joe Arpaio be indicted for abuse of office? No doubt.
Before the election? That’s a harder call.

April 16th, 2012

In the nonprofit setting, misconceptions about corporate governance abound. Are board members primarily fundraisers? Cheerleaders? A rubber stamp to legitimize the actions and decisions of the executives? Do they run the organization to the extent staff is unable? Are they window-dressing to spruce up the organization’s letterhead? If they are rich or famous, must they [...]


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