Below is my column in The Hill on the fallout from the release of the Epstein files from grand-jury and congressional investigations. As various figures are hounded over embarrassing emails, we need to ask about the implications of such a wholesale release. One can be in favor of transparency without dismissing the impact on third parties who are not accused of any criminal conduct.
Here is the column:
Continue reading “Epstein’s Last Casualty Could Be Grand Jury Secrecy”
Below is my column in The Wall Street Journal on the move to sharply curtail the use of jury trials in Great Britain. The ill-conceived move is the work of Secretary of State for Justice and Lord Chancellor David Lammy, who previously denounced the idea as an abandonment of British values and the loss of a critical protection for citizens. It is a tragic variation on Winston Churchill’s legendary observation about the fleeting virtue of the insufferably sanctimonious. Like the socialite who was indignant when Churchill puckishly offered a small amount of money to sleep with him, it turns out that Lammy was “just haggling over price.” When faced with significant savings, Lammy is willing to toss aside the right that once defined them as a people.
Continue reading “Britain Moves to Curtail Jury Trials and Free Speech”
Dan Bernstein is back with a vengeance. Just last year, the sports radio show host was fired after a tirade against critics that led to his threatening to doxx people on social media and asking “want your kids involved?” He later apologized, but is now again in the news with another vicious attack. This week, Bernstein denounced Chicago Cubs infielder Matt Shaw for going to the funeral of Charlie Kirk, who was the victim of a political assassination. Bernstein called anyone attending the funeral effective Nazis and mocked Shaw for his expressions of faith in connection to Kirk. Continue reading ““Hatemongers, Homophobes, Fascists, Racists, Flag-Waving Proud Racists”: Fired Radio Host Has Meltdown Over Cubs Infielder Matt Shaw Going to Kirk Funeral”
Many years ago, as a law student, I had the honor of working with the great prosecutor William J. Kunkle Jr., who put away John Wayne Gacy. I was a young intern at the litigation firm of Phelan, Pope & John and loved listening to Bill’s stories about his famous cases. I even had to take a couple of calls from Gacy from prison when Bill was out. (I was asked to write down everything that he would say in the routine calls. On one call, Gacy told me, “Tell Bill he was wrong. I was not guilty of homicide. I was guilty of running an indoor funeral parlor without a license.”). One story of Bill’s came to mind last night when Democrats released their latest tranche of “bombshell” photos from the Epstein files to suggest that Trump is implicated in the scandal. Continue reading “Cover-Up or Frame-Up? How the Democratic Epstein Releases are a Classic Example of False Light”
This week, the lingering allegations over the marital history of Rep. Ilhan Omar (D., Minn.) took an ominous step when Border Tsar Tom Homan publicly acknowledged that the government is looking into the matter. Rep. Omar has long denied that she married her brother to gain his entry into the United States, but the allegation has continued to rage on the Internet and among her critics. The question is whether this is a substantive case of fraud or defamation. Continue reading “Border Tsar Homan Announces Investigation into Rep. Omar: A Case for Fraud or Defamation?”
CBS has long been a network in decline. With dismal ratings, the network has been mired in third place for years, and many view it as openly biased and partisan in its coverage, including pushing false stories with a political agenda. Bari Weiss was brought in to save the network and move it back to a neutral center. She has encountered continued attacks from staff who are outraged by the efforts, including her recent selection of Tony Dokoupil as the next evening anchor. Dokoupil is being attacked as too white, male, straight, and pro-Israel. Continue reading “CBS Staffers Attack New Anchor as Too White, Straight, Male and Pro-Israel”
There was an interesting complaint filed in New York yesterday in which a group of parents and educators sued New York Attorney General Letitia James over a letter viewed as threatening those who are raising transgender policies in public meetings. While the legal basis for the complaint is likely to be challenged as premature by the state, the lawsuit exposes an effort that seems clearly designed to chill such public discussions of transgender issues. Continue reading “Letitia James Moves to Chill Debate Over Transgender Policies”
The Centers for Disease Control and Prevention (CDC) just issued a report on a bizarre case involving the death of a transplant patient after he was given a kidney from a donor with rabies. The report would suggest a strong case for liability under the existing tort doctrine.
Continue reading “Patient Dies After Being Given Organ from Donor With Rabies”
As I discussed in yesterday’s coverage of the oral arguments in Trump v. Slaughter, the argument went poorly for those who sought to sustain the 90-year-old precedent in Humphrey’s Executor, limiting a president’s power to fire members of independent commissions. It seems unlikely that Humphrey’s Executor will live to see 91 after Chief Justice John Roberts called it “just a dried husk.”
As is increasingly becoming the case, Justice Ketanji Brown Jackson stole the show with some of her comments on her view of the underlying constitutional issues. She suggested that “experts” in the Executive Branch generally should not be subject to termination by a president. It is a virtual invitation for a technocracy rather than a democracy. Continue reading “Humphrey’s Estate and Jackson’s Experts: Justice Offers Surprising View of the Separation of Powers”
Last night, I gave my final in both of my torts classes at George Washington University. I teach dram shop litigation and a new case involving Royal Caribbean could well be part of next year’s lecture. The company is being sued by the family of a 35-year-old man who died aboard a Royal Caribbean cruise after allegedly being served 33 alcoholic drinks and then restrained (and drugged) when he allegedly became violent. Notably, the medical examiner ruled his death a homicide. The family has filed a civil complaint in the U.S. District Court for the Southern District of Florida. Continue reading “The Death of Michael Virgil: Royal Caribbean Faces Major Torts Case Over the Death of a Passenger”
English novelist Robert Smith Surtees once said, “There are three sorts of lawyers – able, unable, and lamentable.” That view was never truer than this month as the United States Supreme Court hears from a lawyer who may be more controversial than the underlying case. In an election case that will require at least two conservative justices to join their liberal colleagues, the Democratic National Committee (DNC) picked one of the most polarizing and controversial attorneys in the country: Marc Elias. Continue reading “Marc Elias to Make Controversial Appearance as DNC Counsel Before the Supreme Court”
Below is my column in The Hill on the decline of the American Bar Association and the move in various states to find alternatives to the ABA in bar admissions and legal education. The dwindling membership and influence of the ABA is a familiar tale for many in academia and the media.
Here is the column:
Continue reading “The Rise and Fall of the American Bar Association”
We have been discussing how ChatGPT is accused of encouraging the suicide of various individuals as well as the defamation of other individuals. Various lawsuits have been filed against the company, but now federal prosecutors have indicated that ChatGPT may have played a role in enabling or encouraging an accused criminal stalker. Continue reading “ChatGPT Accused of Encouraging Alleged Serial Stalker in Latest OpenAI Controversy”
In August, I discussed the passing of my mother, Angela Turley, just shy of her 98th birthday. Through decades of social work and philanthropy, my mother left a lasting impact on the city that she loved so deeply. I am now able to share the resolution from the City Council honoring her memory and legacy in Chicago. On behalf of our entire family, I would like to thank the city for this kind gesture and particularly 46th Ward Alderwoman Angela Clay and her staff for drafting and finalizing the resolution.
Continue reading “Chicago City Council Approves Resolution Honoring the Life of Angela Turley”