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Feb 218 min read
THE MYTH OF PRESIDENTIAL REMOVAL POWER or THE ROAD TO AMERICAN DICTATORSHIP
With the recent firing or attempted firing of numerous government officials by President Trump the question of what power a president has...
Feb 117 min read
Justice Thomas, Davis v. Smith, and the Anti-Terrorism and Effective Death Penalty Act:
Why the Supreme Court Should Declare the AEDPA Unconstitutional              Justice Clarence Thomas is not happy - again. David...
Jan 236 min read
PLESSY v. FERGUSON and BROWN v. BOARD OF EDUCATION: Defending the Indefensible
In Plessy v. Ferguson , 163 U.S. 537 (1896), the Supreme Court upheld a Louisiana statute requiring separate accommodations for persons...
Sep 13, 20248 min read
TRUMP v. UNITED STATES A Question of Jurisdiction: Why the Supreme Court Should Have Declined to Rule on Trump's Claim of Presidential Immunity
On July 1, 2024, the United States Supreme Court issued its opinion in Trump v. United States holding that a former president is immune...
Jun 19, 20246 min read
Kansas v. Glover - PART I
How the Misuse of Probability Evidence Leads to Bad Decisions and Absurd Results A Douglas County Kansas Sheriff's Deputy stopped a...
Apr 20, 202310 min read
NO "MASTERPIECE"
How the Supreme Court's Recognition of a Religious Exemption to Antidiscrimination Laws Could be a Small Step Toward Establishing an...
Mar 18, 202310 min read
Kansas v. Glover - Part II: A Federal Question Without Federal Jurisdiction
How Supreme Court review of state court decisions that "over-protect" a criminal defendant's rights under the US Constitution violates...
Feb 10, 20236 min read
HARMLESS ERROR AND THE DENIAL OF RIGHT TO TRIAL BY JURY: United States v. Wilfredo Lopez
When judges pretend to be jurors. Wilfredo Lopez was charged with two counts of attempting to entice a minor to engage in sexual...
Feb 2, 20237 min read
THE CONFORNTATION CLAUSE AND "NON-TESTIMONIAL" TESTMONY
The Sixth Amendment to the United States Constitution states: In all criminal prosecutions, the accused shall enjoy the right to a speedy...
Nov 30, 20225 min read
CONSPIRACY AS A PREDICATE OFFENSE FOR THE CRIME OF CONTINUING CRIMINAL ENTERPRISE (CCE)
Not as Simple as it Seems In United States v. Hernandez-Escarsega, 886 F.2d 1560 (1989), the Ninth Circuit held, as every other circuit...
Nov 13, 20227 min read
Federal Sentencing Under U.S. v. Patrick Henderson
When maximum does not mean maximum. With the exception of capital crimes that carry the possibility of a sentence of life in prison or...
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