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

SO SPOKE… WHO?

RothLawAppeals

The murderous rampage by a racist young man who wrapped himself in the confederate flag jolted the previously somnolent debate about the meaning of that flag.  In the process, it heightened the visibility of the Supreme Court opinion about placing stars and bars on license plates, a decision which came down before the South Carolina murders. The case hailed from Texas, … Read More

FOLLOW THE SIGNS

RothLawAppeals

Under one municipal code, signs advocating this or that political opinion or philosophy are limited to 20 square feet; campaign signs may grow to 32 square feet in various areas of town; signs directing would-be goers to this or that event, however, could not spread to over 6 square feet. And so small town life droned on undisturbed, under customary … Read More