tag:blogger.com,1999:blog-181419212011-04-21T22:10:41.744-05:00A layman's introduction to the role and work of a judge, including terms: Original Intent, Judicial Philosophy, Judicial Activism, Stare Decisis, Political Question, Ginsberg Rule, Federalism, Living Document, Rule of Law, Discretion, Reserved Powers, and Separation of Powers. Consider the two PRIMERS, linked below.S.noreply@blogger.comBlogger351100tag:blogger.com,1999:blog-18141921.post-36532164552291654222007-10-25T15:58:00.000-05:002007-10-25T16:03:31.657-05:00

During the entire Bush presidency, the federal bench has suffered a shortage of jurists. Why? Bush's opponents refuse to confirm nominees. This was the issue that first started me blogging. So here's a link to the latest. Another squeaky-clean gentleman has made it to the federal bench, this time our own Fifth Circuit. Being white, male, and conservative, you can be sure every secret he

S.noreply@blogger.com1tag:blogger.com,1999:blog-18141921.post-26295590074955998792007-07-04T16:07:00.000-05:002007-07-04T16:10:00.367-05:00

Okay, this is just crazy. Seriously. I was tagged for my vocabulary, but I must note that not a single word was actually a "cuss" word. I just nailed some heavy subjects, apparently.

S.noreply@blogger.com0tag:blogger.com,1999:blog-18141921.post-1149263407883656312006-06-02T10:50:00.000-05:002006-06-02T10:50:07.920-05:00

Another Pen for Western Culture: 1. What Happened to General Motors? Anti-Trust Law

S.noreply@blogger.com0tag:blogger.com,1999:blog-18141921.post-1142970175029339072006-03-21T13:38:00.000-06:002006-03-21T13:42:55.046-06:00

And so what, right? What business is it of ours? When did the U.S. become the policeman to the world?Well, we certainly are not that. But the leaders of all nations negotiate and discuss matters within the apparent sovereign control of other nations. And since 1998, intervening on behalf of the persecuted around the world has been the official U.S. policy--whether Presidents like it or not.

S.noreply@blogger.com0tag:blogger.com,1999:blog-18141921.post-1142530497777268472006-03-16T11:25:00.000-06:002006-03-16T11:34:57.843-06:00

Do you believe in the Second Amendment?A well regulated militia, being necessary to the security of a free state,the right of the people to keep and bear arms, shall not be infringed.If you support the Second Amendment, you are part of a shrinking population. Law professors, law students, and liberals of every stripe have been disparaging the right to bear arms for years. Possessing arms is

S.noreply@blogger.com0tag:blogger.com,1999:blog-18141921.post-1140755982817336172006-02-23T22:32:00.000-06:002006-02-23T22:39:42.840-06:00

... But can they do that? And even if you're no fan of Roe v. Wade, should states pass laws just to force a slightly conservative Court to revisit a bad decision? I say no. I consider abortion murder. But you don't battle it by destroying the American legal system. I posted my comments and further information here.

S.noreply@blogger.com1tag:blogger.com,1999:blog-18141921.post-1139007627119118542006-02-03T16:56:00.000-06:002006-02-03T17:00:27.146-06:00

Ann Coulter says it well. On her a law degree has not been wasted. . . .

S.noreply@blogger.com2tag:blogger.com,1999:blog-18141921.post-1136870238999856692006-01-09T22:34:00.000-06:002006-01-09T23:17:21.410-06:00

Drudge has a report on the first day of the confirmation hearings for Judge Alito. I like a few quotes. The following comments from Alito are self-explanatory. "A judge can't have any agenda, a judge can't have any preferred outcome in any particular case, and a judge certainly doesn't have a client," said Alito, the 55-year-old appeals judge who is President Bush's choice to succeed Sandra

S.noreply@blogger.com0tag:blogger.com,1999:blog-18141921.post-1136667885271011562006-01-07T15:01:00.000-06:002006-01-07T15:04:45.273-06:00

Now that Harriet Miers' 15 minutes are over, I changed the URL on the other page. And yes, it is now my home page.

S.noreply@blogger.com0tag:blogger.com,1999:blog-18141921.post-1134583841573047322005-12-14T11:39:00.000-06:002005-12-14T12:57:54.293-06:00

In his Divine Comedy, Dante locates the Roman governor, Pontius Pilate, just inside the gates of hell, condemned forever merely for his cowardice. In the Biblical accounts, Pilate repeatedly argues that Jesus is innocent, or if guilty of anything, he nevertheless does not deserve death. In reading my Chronological Bible--a fascinating way to read the Bible--I noted the following:1. Four times

S.noreply@blogger.com2tag:blogger.com,1999:blog-18141921.post-1134157379964361502005-12-09T13:35:00.000-06:002005-12-09T13:51:22.520-06:00

Another blogger posted some great material from that most unlikely source of greatness, the Ninth Circuit:The mere fact that the living constitutionalists of recent memory devoted themselves to an expansion of rights offers no guarantee that the next generation of living constitutionalists -- similarly unconstrained by the inconveniences of constitutional text and history -- will be favorably

S.noreply@blogger.com0tag:blogger.com,1999:blog-18141921.post-1133918977103919372005-12-06T19:11:00.000-06:002005-12-06T22:56:20.910-06:00

Lawsuits do not follow the scientific method. The system promotes justice, not actual truth. Juries (when they are used) are the Finders of Fact, and make all determinations about the facts of a case. With minimal oversight, jurors determine what happened. Judges answer Questions of Law, including jurisdiction, limitations, what laws apply and how to apply them. Questions of law can be

S.noreply@blogger.com3tag:blogger.com,1999:blog-18141921.post-1133764558431239042005-12-04T23:48:00.000-06:002005-12-05T00:42:31.153-06:00

Throwing out old papers, I ran across a letter from the King of Torts, Joe Jamail. Jamail, who made a name for himself when he won the largest verdict in history, 11 billion dollars in the case of Texaco v. Pennzoil, had sent me (and several thousand of my Texas colleagues) a letter about the election of judges. Jamail asked us to join his efforts to change the rules governing the election of

S.noreply@blogger.com0tag:blogger.com,1999:blog-18141921.post-1133638566845132622005-12-03T13:14:00.000-06:002005-12-03T14:54:55.003-06:00

I stumbled across an interesting story here. A Florida law firm used pit bulls in a television ad, including their phone number, 1-800-PIT BULL. What do you think, savvy advertising or the debasing of a noble profession? Both? A Florida judge ordered the firm to pull the ads. (Some of us would like to see all lawyer ads pulled.) Lawyers are encouraged to be "zealous advocates." A pit bull is

S.noreply@blogger.com19tag:blogger.com,1999:blog-18141921.post-1133500795447931132005-12-01T23:08:00.000-06:002005-12-02T12:57:11.860-06:00

Abortion is holding hostage the judicial confirmation process, according to Justice Clarence Thomas. Thomas spoke on these and other issues recently at the University of Alabama."I think we all should be honest with one another that the only issue, the central issue in all of this, is abortion," Thomas said, according to the Associated Press. "It's not the other things that people throw out. The

S.noreply@blogger.com0tag:blogger.com,1999:blog-18141921.post-1133248107527513402005-11-29T00:57:00.000-06:002005-11-29T12:14:58.296-06:00

Rhetorical question, right? This is one of those questions teachers' phrase just-so in order to be sure everyone knows the answer. Or is it? I read an interesting quote attributed to the magazine of the National Organization for Women: "NOW is the time to drop a boot heel in the groin of patriarchy. NOW IS THE TIME TO FIGHT BACK. NO GOD, NO MASTER, NO LAWS." No laws, huh? Could anyone really

S.noreply@blogger.com6tag:blogger.com,1999:blog-18141921.post-1132099626690041982005-11-15T17:09:00.000-06:002005-11-15T18:07:06.743-06:00

I've pondered the above title for some time. What does it say about a man when his name becomes another part of speech--or takes on a life of its own? With the exception of brands (Disney, Ford) or overt marketing (Bush Doctrine, Bush's War), what does it mean when one's name takes on a life of its own? Consider Reaganomics, for example, and a few others. (Add a few to the comments--what am

S.noreply@blogger.com10tag:blogger.com,1999:blog-18141921.post-1132029745287014982005-11-14T22:07:00.000-06:002005-11-14T23:16:24.843-06:00

Today's Houston Chronicle addresses an interesting issue: the election of judges in Texas. Ours is one of only 17 states to persist in the presumably democratic process--33 allow governors to appoint judges.So what do you think? Voters are reluctant to give up the opportunity to vote on anything, and I understand that. But, if you're like me (and live in Texas), only one of the amendments on last

S.noreply@blogger.com1tag:blogger.com,1999:blog-18141921.post-1131610612423774402005-11-10T01:53:00.000-06:002005-11-10T14:13:05.500-06:00

(**I wrote this while still in law school and published it in a law-student paper. When I pasted it here, the formatting crashed.) "In the Past few decades American institutions have struggled with the temptations of politics. Professions and academic disciplines that once possessed a life and structure of their own have steadily succumbed, in some cases almost entirely, to the belief that

S.noreply@blogger.com4tag:blogger.com,1999:blog-18141921.post-1131426947924277882005-11-07T22:10:00.000-06:002005-11-07T23:24:33.636-06:00

Senators have announced they will not be able to complete the confirmation of Sam Alito by Christmas, as the president requested. Why not? Because Alito has spent fifteen years writing opinions as a member of the 3rd Circuit Court of Appeals. These must be reviewed. But how long does that take? Considering the number of Senators involved, and the size of the staff of each, how long does it take?

S.noreply@blogger.com11tag:blogger.com,1999:blog-18141921.post-1131167627996556682005-11-04T22:50:00.000-06:002005-11-05T22:22:16.393-06:00

In June the Supreme Court handed down one of the more surprising rulings in recent years, saying a municipality could use its power of eminent domain to take private property not for a public use but for what it construed as a mere "public purpose." In other words, the city could take your house and sell it to another private owner assuming he would put the property to a better use than you,

S.noreply@blogger.com7tag:blogger.com,1999:blog-18141921.post-1130999596254369372005-11-02T23:26:00.000-06:002005-11-03T01:19:00.310-06:00

Consider the following. You just came up with the next great widget. Everybody's going to want one--but you can't cover the production costs. So you recruit two venture capitalists and they like your idea. The prototype is impressive and you've got a deal. You shake hands, then stop by the lawyers' office and draw up some forms. Sign and date in the presence of a notary. Deposit the check, and

S.noreply@blogger.com9tag:blogger.com,1999:blog-18141921.post-1130911659460295942005-11-02T02:24:00.000-06:002005-11-02T23:19:05.730-06:00

In what was absolutely the very best class I ever attended at UH Law--Jewish Law--we learned many things that have proved insightful. But I especially liked the word INTERSTITIAL. Do you know it? I first heard it used to decribe the way in which Jewish Rabbis would interpret the Torah and the Talmud. These men spent their lives studying, memorizing, and interpreting centuries of Jewish law. And

S.noreply@blogger.com4tag:blogger.com,1999:blog-18141921.post-1130879431089032392005-11-01T15:01:00.000-06:002005-11-02T23:25:02.960-06:00

Between now and Justice Alito's confirmation, we will be subjected to nothing but bitter partisan politics (with the occasional voices of reason here and there). And I don't plan to comb through those comments with any great attention to detail. It's all irrelevant--because it is concerned almost exclusively with the off-limits political questions. (Although it can be really interesting.)But

S.noreply@blogger.com2tag:blogger.com,1999:blog-18141921.post-1130824335237386652005-11-01T01:53:00.000-06:002005-11-01T00:45:57.320-06:00

Today President Bush nominated Sam Alito to the Supreme Court. Alito has served for fifteen years as a justice on the 3rd U.S. Circuit Court of Appeals. As an attorney, Alito argued some 20 cases before the highest court. Some have even said he is actually better-qualified than Justice John Roberts. But Democrats have promised a tough confirmation battle--most of which will center on political

S.noreply@blogger.com5tag:blogger.com,1999:blog-18141921.post-1130779091928355782005-10-31T10:47:00.000-06:002005-10-31T11:37:30.156-06:00

Do you know what October 31st is? Right. Reformation Day. On this day in 1517 (big anniversary in 12 years--mark your calendars) Martin Luther, upset by corruption in the Catholic (meaning "universal") church, nailed 95 theses to the door of the cathedral in Wittenberg, Germany. Originally intended merely for debate among his priestly brothers, a copy found its way into the hands of a man named

S.noreply@blogger.com2tag:blogger.com,1999:blog-18141921.post-1130744107634057922005-10-30T23:49:00.000-06:002005-10-31T11:28:13.003-06:00

Do you think about federalism much? Or do you just think of the federal government: the big, bloated sow swallowing so much of every paycheck, rolling in its own filth, and . . . well, I'm no fan of the income tax, but hey, the federal government takes care of us, right? They built the interstate system, they provide for the common defense, they address diplomacy. And the Constitution designates

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Driving (again) from Tyler to Houston, I passed the ten-story statue of Sam Houston. Because I'd been nodding off, it was a good time to stop. For the first time I got there during the day. (Have you been there?) The statue's cool, but this time I made it to the gift shop. They were closing, so I walked straight in and asked, "Do you have anything with that stuff from the plaque on it?" She

S.noreply@blogger.com3tag:blogger.com,1999:blog-18141921.post-1130450174701461382005-10-27T16:32:00.000-05:002005-10-27T16:56:14.733-05:00

Now here's a relevant current event. Last night Miers told the President she was pulling her name from consideration. Democrats cry out that the 'radical right wing' of the Republican party did this. Rush Limbaugh (whom they named specifically) says he had nothing to do with it. But many conservatives, while chafing at the 'radical' label, do not pretend to be unhappy. Yet they like Miers

S.noreply@blogger.com13tag:blogger.com,1999:blog-18141921.post-1130219431266801952005-10-25T00:32:00.000-05:002005-10-25T00:50:31.273-05:00

I've been avoiding the subject of Ms. Miers in an effort to define terms--and I won't devote much to her just yet. Hearings don't begin for another two weeks. I will say, things might have been done differently. Most of what we know about her is that she is something of an unknown. That is unfortunate, when there are so many solid people with both outstanding resumes, demonstrated scholarship

S.noreply@blogger.com8tag:blogger.com,1999:blog-18141921.post-1129963851320845382005-10-22T01:16:00.000-05:002005-10-23T14:09:43.116-05:00

While in a Beaumont, Texas courtroom I recently overheard an interesting discussion. It seems a small child had somehow wandered out of his elementary school and then been found outside, wandering a busy street. The parents sued the district and their case was now concluded. (I assume they lost.) Next, they filed a second lawsuit against the superintendent of schools, suing him personally for the

S.noreply@blogger.com0tag:blogger.com,1999:blog-18141921.post-1129960661206773292005-10-22T00:26:00.000-05:002005-10-22T00:57:41.213-05:00

This is a reference to the description of this blog. And the answer is 'YES.' Judges from both parties, judges from all over the map, are working--some deliberately and consciously, and others ignorantly--to change the role of the judge. That is, every judge who fails to understand the bounds of his role will constantly overstep those bounds. If you can't see the curb, you'll step out into

S.noreply@blogger.com0tag:blogger.com,1999:blog-18141921.post-1129958745060306432005-10-22T00:18:00.000-05:002005-10-22T00:25:45.060-05:00

Mr. Roberts seems to have been an ideal choice. There may still remain some doubt about his views in specific cases--but those are off limits anyway. As for qualifications, what doubt could there be? What a resume. His only flaw may be the way he hedged about his membership in the Federalist Society, an organization Bork referred to in a WSJ article today asa farm team full of future judicial

S.noreply@blogger.com3tag:blogger.com,1999:blog-18141921.post-1129930925385649562005-10-21T17:33:00.000-05:002005-10-23T14:32:06.183-05:00

There’s an old story about two judges, both of whom have achieved larger-than-life status in legal circles. It seems Learned Hand had lunch with Oliver Wendell Holmes, a man he greatly admired, and as the two waited for horse-drawn cabs to different parts of town, Hand wanted to say something profound, something meaningful. “Do Justice, your honor. Do justice!” Hand cried as Holmes pulled away.

S.noreply@blogger.com2tag:blogger.com,1999:blog-18141921.post-1129932423168695682005-10-21T16:42:00.000-05:002005-10-23T14:32:49.170-05:00

What thoughtful American isn’t speculating on the abortion question? You can probably get odds from the on-line bookies. But this begs the not-insignificant stare decisis question. The Latin phrase means “to stand by things decided,” and refers to those cases that bind the Supreme Court. One wildly popular radio pundit wrongly used this term recently to describe a lower court’s obligation to

S.noreply@blogger.com0