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ObamaCare Triumphs!

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This week’s historic ruling by the United States Supreme Court, upholding the constitutionality of the meat of the Affordable Care Act (ACA) will have a little known ironic footnote. The hallmark of President Barack Obama’s first term narrowly succeeded in a 5-4 decision. The swing vote was cast by the conservative Chief Justice, John Roberts. […] [Read More]
Categories: General

Arizona Immigration Restrictions Pre-empted

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In 2010 the state of Arizona attempted to seek an answer to the perceived problem of illegal aliens crossing its borders. The state, frustrated by the failure of the federal government to control illegal entries, passed an Act entitled, Support of Our Law Enforcement and Safe Neighborhoods Act, commonly referred to as S. B. 1070. […] [Read More]
Categories: General

Playing for the Fumbles: Defending Sandusky

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As the Jerry Sandusky trial moves through more days of sordid testimony from an array of claimed victims, the question lingers: what does Sandusky have to gain from this trial? The weight of accusations from 8 accusers certainly appears to doom the beleaguered former coach. If this tidal wave of evidence is methodically drowning him […] [Read More]
Categories: General

Sandusky Venue Choice: Hoping for the Right Jurors in Happy Valley

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Jury selection was completed this week in the trial of Jerry Sandusky, the former Penn State defensive coordinator charged with 52 counts of sexual assault of minors. Sandusky has denied guilt and has tried to portray himself in his media appearances as a benevolent fan of children and not a pedophile. Sandusky’s counsel did not […] [Read More]
Categories: General

Gideon’s Trumpet and the Right to Counsel

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This year marks the fiftieth anniversary of a landmark decision by the United States Supreme Court, Gideon v. Wainwright. On January 8, 1962 Clarence Earl Gideon filed a handwritten petition with the U.S. Supreme Court seeking the reversal of his conviction for petty larceny because he had not been appointed an attorney to represent him […] [Read More]
Categories: General

The Art of Summation

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In the Broadway hit, Chicago, Billy Flynn, the legendary Chicago defense lawyer tells Roxie Hart the secret of his courtroom success: “Roxie. You got nothing to worry about. It’s all a circus, kid. A three ring circus. These trials – the whole world – all show business. But kid, you’re working with a star, the […] [Read More]
Categories: General

Suing the Texters: Let the Sender Beware

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How many times have you driven on the highway and passed a car with some thoughtless driver swerving while texting or reading their smartphone? Happens a lot unfortunately, even with the efforts of people like Oprah Winfrey and her no-texting-while-driving pledge. Despite all the public service messages, knuckleheads continue to think they can drive and […] [Read More]
Categories: General

Mediation: Resolving Conflicts

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I have long been an advocate of various forms of alternative dispute resolution (ADR) in my personal injury practice. The main tools of ADR in the litigation arena are arbitration and mediation. Arbitration is a binding, alternative trial process. Rather than refer a dispute to the courts for trial before a judge or a jury, […] [Read More]
Categories: General