The “Common Law” As Defined by the “Department of Justice”

This is old news to some. But, I had some thoughts on this as I ran across it looking for a contact in the Department of Justice while I was in the process of writing a brief in the United States Supreme Court. Apparently, the Department of Justice (at least in the Principality of Delaware) has a […]

Special Appellate Counsel for Emergency Appeals in State and Federal Court of Appeals and Supreme Court

It is the eve of trial.  The trial court judge, bent on forcing you into an unsavory settlement with opposing counsel, has granted opposing counsel’s motion in limine to exclude your proposed evidence from the jury’s consideration.  This is a key part of your client’s case and without it your client may be facing 100 […]

“[The] killings [of American citizens] undertaken in accord with the public authority justification were not ‘unlawful’ because they were justified”, Says Government Memo Outlining Legal Authority for Assassination of American Citizens Abroad

I started casually reading the Second Circuit’s opinion released yesterday, June 23, 2014, in the case of New York Times, et al. v. DOJ, et al, which includes a redacted version of the government’s now infamous legal memorandum outlining legal justification for executive decisions to assassinate American citizens abroad and I could not help casually analyzing […]

Supreme Court Asked to Consider Court of Appeals’ Decision to Keep Anonymous Bloggers Identities Secret in Defamation Suit

In Ghanam v. John Does et al. the Michigan Court of Appeals reversed a trial court’s decision to allow the deposition of a fact witness in a defamation suit filed against ostensibly anonymous commentators on an internet-based public forum. Last week, I filed an application for leave to appeal in the Michigan Supreme Court in this case […]

Michigan Supreme Court Issues Opinion Articulating Its Constitutional Limitations and Authority in Changing the Common Law

In Price v. High Pointe Oil Co, Inc., the Michigan Supreme Court provides a clear pronouncement on the constitutional limitations and legitimate authority the judiciary has to change the common law.  In doing so, the Court refused to extend as a common-law rule the view that a plaintiff may recover non-economic damages (i.e., mental and emotional […]

Originally posted on Amicus Curious:
I have written in the past about unconstitutional usurpation of Constitutional Sheriffs’ arrest powers.  I have also mentioned that whimsical and hastily made decisions that attempt to eradicate by sweeping measures time-honored common-law rules and principles are a threat to the respective states’ sovereignty. As I have also mentioned, if…

In 2004 Department of Justice Opines Second Amendment Secures Individual Right to Bear Arms — What’s Changed?

As promised, attached is a memorandum of law penned by the Department of Justice in 2004 for the U.S. Attorney General.  It is a thorough, well-researched, and well-written article that comes to the inescapable, correct conclusion about this issue.  What has changed since 2004 as it relates to the constitutional right? WHETHER THE SECOND AMENDMENT […]