A NOTE FOR FELLOW HISTORY GEEKS

RothLawAppeals

In our most recent post, which addressed the new overtime rules, we had occasion to explain that Congress may constitutionally delegate its legislative powers to the rules-making authority of executive agencies.  That delegation must, however, be limited, and based on specific and intelligible principles. Justice Oliver Wendell Holmes, Jr. famously wrote that law is not logic.  It is the history of … Read More

INCOMPLETE PASS

RothLawAppeals, News

When the Supreme Court issued an opinion last week on “one person one vote,” the political press did what it does best and reduced it to political pronouncements.  The conservatives lost, urban liberals won, and the 24/7 news cycle moved on. This was accurate as far as it went, but also incomplete, and possibly temporary. The case in question arose when … Read More

CLOUDY CRYSTAL BALL

RothLawAppeals

Issues related to evidence and sentencing are probably the two most frequent topics for appeal in criminal cases.  We have mentioned both in previous posts. An attack on evidence, in turn, can take several forms.  It can target its sufficiency (whether there was enough), it adequacy (whether it proved what it claimed to show), or its legality (whether it was … Read More

ON THE CONSTITUTIONAL FRONTIER

RothLawAppeals

Traveling internationally can be exhilarating.  Coming home can be comforting.  But in the middle, our constitutional rights disappear. Courts from the Supremes on down have ruled or that searches at international borders (whether you are leaving or, more traditionally, reentering the country) may be conducted without a warrant and without probable cause.  The Government has full authority to conduct suspicionless … Read More

BUSY SIGNALS

RothLawAppeals, Business ServicesLeave a Comment

Sometimes, when one calls upon the law, the law answers.  Responses to tricky questions can be gleaned from statutes or case law.  And sometimes, all you get is a busy signal.  Then, there is nothing but the collective opinion of a majority of Justices on a state or the federal Supreme Court to decide the matter. Tracking cell phone location … Read More