Best Op-Ed On Constitutional Interpretation Ever

Ken AshfordConstitution, Courts/LawLeave a Comment

I could have written this (and probably have): Our Fill-in-the-Blank Constitution By GEOFFREY R. STONE Published: April 13, 2010 AS the Senate awaits the nomination of a new Supreme Court justice, a frank discussion is needed on the proper role of judges in our constitutional system. For 30 years, conservative commentators have persuaded the public that conservative judges apply the … Read More

Judges And Their Facebook Friends

Ken AshfordCourts/LawLeave a Comment

Interesting opinion today from the Florida Supreme Court's Judicial Ethics Advisory Committee, which was asked this question in a recent case: “Whether a judge may add lawyers who may appear before the judge as “friends” on a social networking site, and permit such lawyers to add the judge as their “friend.”  In other words, can Judge Smith, a judge in … Read More

“Down Under” vs. “Kookaberra”

Ken AshfordCourts/Law, Popular Culture1 Comment

A judge ruled today that the flute riff from Men At Work's "Down Under" is plagerized from the tune set to an Australian nursery rhyme called "Kookaburra" (also known by its first line: "Kookaburra sits in the old gum tree"). I know "Down Under". I know "Kookaburra". The judge must be high.  

New Laws Which Take Effect Today In NC

Ken AshfordCourts/Law, Crime, Local Interest1 Comment

Let's take a quick look at some of the new laws which take effect today in North Carolina. The big one is, of course, no texting while driving.  Now, don't think you can be cute about this.  But no, it applies to emailing, too.  In fact it applies to any time you "manually enter multiple letters or text in the device … Read More

Governor Perry Doubles Down on Willingham

Ken AshfordCourts/Law, CrimeLeave a Comment

This story is starting to get national attention.  Presumably, that's why Perry said what he said: Gov. Rick Perry on Wednesday defended his actions in the execution of Cameron Todd Willingham, calling him a “monster” and a “bad man” who murdered his children. Specifics?  Sure… “Willingham was a monster,” the governor said. “Here's a guy who murdered his three children, … Read More

The Seventh Sense Silly Legal Advice Corner

Ken AshfordCourts/Law, CrimeLeave a Comment

Q.  I have a restraining order filed against me.  Can I still "poke" that person on Facebook? A:  It depends on the terms of the restraining order, but the answer is probably "no". A Hendersonville woman was arrested for virtually “poking” someone on the social networking site Facebook. Shannon D. Jackson, 36, was arrested Friday, Sept. 25 for allegedly violating … Read More

Justice Scalia Wants Dumber Lawyers?

Ken AshfordCourts/Law, Supreme Court1 Comment

As reported in the Wall Street Journal law blog, Justice Scalia has some interesting opinions when it comes to the quality of counsel that appears before him in the U.S. Supreme Court: Well, you know, two chiefs ago, Chief Justice Burger, used to complain about the low quality of counsel. I used to have just the opposite reaction. I used … Read More

Poor Orly Taitz

Ken AshfordCourts/Law, Obama Opposition2 Comments

Orly Taitz is an attorney and a doctor and she's the one filing all these lawsuits trying to prove that Obama was actually a Kenyan. Having had one of her cases thrown out of federal court last week (with an admonishment from the judge that if she continues to waste the court's time, she'll be fined), now she's the object of conspiracy … Read More

“Pants” Judge Loses In Court Again

Ken AshfordCourts/LawLeave a Comment

Actually, he's now an ex-judge.  That was the basis of his lawsuit, in fact: It seems that our old friend Roy L. Pearson, Jr., he of the $65 million pants, has recovered sufficiently from losing that case to get on with losing another one.  This one was a wrongful-termination lawsuit against the District of Columbia, his former boss (Chief Administrative Law … Read More

An Open Letter To Walmart’s Lawyers

Ken AshfordCourts/LawLeave a Comment

Guys: I can't imagine any earthly reason why I would want to follow Walmart's tweets on Twitter.  Believe me, there is nothing Walmart can say — especially in 140 characters or less — that would be of the slightest interest to me. But, I recognize that I am powerless to stop the aging process which results in a slow slide into dementia.  … Read More

Obama and DOMA

Ken AshfordConstitution, Courts/Law, Sex/Morality/Family ValuesLeave a Comment

Michael Dorf has an excellent thoughful column explaining the DOJ's mostly (but not entirely) weak defense of the Defense of Marriage Act in the Smelt case.  DOMA prohibits the federal government from granting same-sex couples benefits that, by law, flow from "marriage" or are granted to a "spouse" — health benefits, for example. An excerpt: Why did the Obama Justice Department … Read More

Court Opinion of the Day: Sugawara v. Pepsico

Ken AshfordCourts/Law1 Comment

The plaintiff: A class action brought by Janine Sugawara, on behalf of all buyers and eaters of "Cap'n Crunch With Crunchberries" The defendant:  Pepsico, the owner, marketer, and distributor of "Cap'n Crunch With Crunchberries" The allegations:  Pepsico engaged in fraud, breach of warrenty, false advertising, as well as unfair and deceptive trade practices, by making and selling cereal with "crunchberries" … Read More