Sometimes courts must decide cases where a question is raised as to whether the exercise of governmental power violates the rights of a person or a class of persons. Courts use different tests, different levels of scrutiny, to determine the legality of governmental actions and whether the government is denying…
Articles Posted in Constitutional rights
And So The Nightmare Begins
So here we are, in Donald Trump’s unreality-fantasy. Where the President is deranged, unhinged, and out of control. Where accurate and truthful news is the enemy. Where fake news and lies determine policy. Where science is distorted and evidence ignored. Where prejudice is disguised as reason to justify cruel policies…
You Can’t Put Lipstick on a Pig
You can’t put lipstick on a pig. Recently the Trump campaign has hired Kellyanne Conway and other spokespeople in attempt to put a positive spin on Trump. They look nice and speak well. But you can’t put lipstick on a pig. I am a Jew. I was born in New…
NCDD and NACDL wrap up a successful conference in Las Vegas
The National College for DUI Defense (NCDD) and the National Association of Criminal Defense Lawyers (NACDL) just wrapped up their annual Las Vegas seminar. As usual, it was well attended and the presentations were very informative. The conference featured presentations on Thursday, September 22, on cross-examination by Jim Nesci; accident…
Hillary Clinton for President
This is the endorsement of the New York Times. I was going to write one but the Times did a great job with it. So I am reprinting it here. I will add that her Supreme Court and other judicial picks will be much better than any her opponent would…
Speaking out against Trump
I will repeat the well known quote from Martin Niemöller: First they came for the Socialists, and I did not speak out – Because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out – Because I was not a Trade Unionist. Then…
The Incredible Shrinking Fourth Amendment
The Supreme Court decided two Fourth Amendment cases this week that diminish our freedom from police searches. The Fourth Amendment says: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue,…
Memorial Day message
I have been reflecting on Memorial Day and paying tribute to the men and women who gave the ultimate sacrifice in defense of our liberty. We are very fortunate to live in a place where an accused is presumed innocent, and has a right to notice, counsel, proof beyond a…
NCDD Serious Science Seminar Knocks it Out of the Park
The National College for DUI Defense (NCDD) just concluded its second annual Serious Science seminar Saturday in Ft. Collins, Colorado. Attended by 21 lawyer students, the five day seminar featured a day and a half of lectures by the nation’s leading experts on forensic blood alcohol testing, Jimmie Valentine, Ph.D., Carrie Valentine,…
The Supreme Court considers whether breath tests require a search warrant
Today the Supreme Court heard oral argument in the cases of Birchfield v. North Dakota, 136 S.Ct. 614 (2015); Bernard v. Minnesota, 136 S.Ct. 615 (2015); and Beylund v. Levi, 136 S.Ct. 614 (2015). Leonard R. Stamm, along with Donald Ramsell and Jeff Green, co-authored an amicus brief filed on behalf…