Archive for February 2017
Skillful Speech and the Law
I recently heard a new term. It is a term of art from a certain religious discipline. That term is “skillful speech.” The person who said it was Joseph Goldstein. He was a guest on on a podcast. He explained that speech often serves no useful purpose other than to announce your presence to another…
Read MoreFriday Review: A Place I Haven’t Been in a While
On my way home from the office yesterday, I darkened the doors of a place I haven’t been in a while: the public library. When I was throwing some things out recently, I stumbled upon my old library card. The card sat in my car for a while. And today I used it. Anticipating upcoming…
Read MoreNew 11th Circuit Interpretation of a Portion of the Sentencing Guidelines
One of the hats I wear is that of the Federal opinions editor for a caselaw update that the Georgia Association of Criminal Defense Lawyers publishes monthly. It has been a slow month for Eleventh Circuit Opinions. But there is one that I will be writing up. And this blog post will pull double duty…
Read MoreHow I Handle Email (Right Now)
If I allowed it to happen, I would do nothing but read and write emails all day. I have had days where this has happened. And I have had vacations days or family events where I spent all of my time reading and writing email. And, while I have improved at it, I am pretty…
Read MoreCriminal Sentencing and the Problem of Free Will
Criminal calendars may be handled slightly differently in every jurisdiction. But they have one thing in common. At some point in every case, the lawyers will argue about why a person did that he did. And a judge or jury will evaluate this question and make a decision about what to do in light of…
Read MoreIf We Eliminated Social Media, We Could Read 200 Books Per Year
I just e-filed an appellate brief. Current time is 9:38 p.m. Yes, it was one of those days. Yes, I need a shower. And, yes, it will take a while to come down from this coffee. But I want to keep a commitment I made to myself to blog every weekday. And here is what I…
Read MoreFriday Review — Michael Lewis’s The Undoing Project
Happy Friday. I’m making a point to review a book or some other work on Fridays. Alas, I don’t have anything new that I’m ready to review today. But I wanted to mention a book that I’m listening to in audio form. That book is the latest by Michael Lewis, The Undoing Project. Lewis discusses the…
Read MoreNinth Circuit Refuses to Lift Stay of Republican Administration’s Travel Ban
Moments ago, the Ninth Circuit Court of Appeals ordered that the temporary restraining order imposed on the Republican presidential administration’s travel ban will remain in place. The Court has found that the states of Washington and Minnesota have standing to challenge the ban, that the Republican administration is unlikely to prevail on the merits in the…
Read MoreHow We Interview Trial Counsel
Ineffective counsel claims are probably the least fun part of the job at the state level in Georgia. Unlike the Federal system, where an evidentiary hearing on an IAC claim is often left for habeas proceedings, Georgia IAC must be raised at the first available opportunity, or it is deemed to be waived. This system…
Read MoreStoicism and the Modern Lawyer
Marcus Aurelius seemed to know the modern lawyer (though he died centuries ago). See if you can identify with the following sentiment: Say to yourself in the early morning: I shall meet today ungrateful, violent, treacherous, envious, uncharitable men. All of the ignorance of real good and ill… I can neither be harmed by any…
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