On Leadership
Recent events have caused me to reflect on the nature of leadership. The following reflections are incomplete and are not meant to be exhaustive. They are general principles, not "how-to's." I am sure...
View ArticleThe Muslim Ban and the Federal Court Order
This morning I read the Washington federal judge's 7-page order regarding the Muslim ban. (It's always better to go to the source than to rely on second-hand accounts.) It's pretty straightforward but...
View ArticleMore from Professor Dorf
Yesterday's post by Professor Dorf makes an important point with respect to the Washington case about the Muslim ban. The government may argue that the Executive alone can determine what orders are...
View ArticleWashington v. Trump: The Stay's the Thing
A few quick thoughts and predictions after listening to today's 9th Circuit argument, in no particular order. (Caveat: I have not read the briefs, and I've been wrong before.)This is not a standing...
View ArticleWashington v. Trump: The 9th Circuit Decision
Here is a quick summary of key points from last night's decision of the United States Court of Appeals for the Ninth Circuit and a few observations of my own:Because a of its limited and temporary...
View ArticleWhy Democrats Should Support Judge Gorsuch
We live in reactionary times. For the past eight years, the reaction of the Republican leaders in Congress to any act or proposal of the Democratic President was to oppose it, regardless of its merit....
View ArticleYes, courts are supposed to block unconstitutional laws: A history lesson.
Today I saw a video of young White House minion Stephen Miller suggesting that, by staying the enforcement of the Administration's travel ban, the federal district court in Washington state and the...
View ArticleFixing a Hole Where the Rain Gets In
Today we met with a roofer who came to look at our roof. We've had a couple of nasty rainstorms lately, and we wanted to make sure our roof was holding up.Judging from his looks, the roofer is in his...
View ArticleIf We Care
If we care about truth,If we care about freedom,If we care about justice,If we care about women,If we care about children,If we care about the oppressed,If we care about the sick,If we care about the...
View ArticleOut With The New, In With The Old
It is hard to watch America and not wonder whether we have lost our way. The pivot many of us had hoped for did not occur, and now we know it never will. The electoral college victory at the end of...
View ArticleSeparation
On a summer day, when my oldest child was very young (probably two or three years old), I put him in the child seat on my bike and took him for a ride. The weather was fine when we left our house, but...
View ArticleDefending the Rule of Law
Today I read a commentary from a lawyer named Elden Rosenthal in a publication of the Southern Poverty Law Center. It is one of the most poignant expressions of the importance of the rule of law that I...
View ArticleAchieving Greatness
There are many famous lines in Shakespeare, some of which are misunderstood when taken out of context. One such misunderstood line comes from the play "Twelfth Night," and is spoken by an obnoxious...
View ArticleSunrise
Every day I see the products of human endeavor: buildings, roads, bridges, cars, trucks, planes, ships, among many other remarkable feats of engineering. Most mornings, I also have an opportunity to...
View ArticleThis Is All You Need To Know
This is all you need to know. Truth is greater than falsehood. Love is greater than hate. Love is also greater than indifference. Peace is greater than war. Good prevails over evil. If not now, then...
View ArticleMy New Year's Resolution: Stepping Out of the Angry Stream
New Year's is a time to reflect on where we are and where we would like to go. Many of us make New Year's Resolutions, and many of us (myself included) fail to keep them for very long. While I could...
View ArticleA Judge For All Seasons
On June 7th, federal judges from the District of Massachusetts and the First Circuit, along with one Justice of the Supreme Court, several non-judicial dignitaries, approximately 50 former law clerks,...
View ArticleCorona Lessons
We are living in stressful times. The virus we can't see is frightening everyone (or at least everyone who is paying attention), especially in this country where the shortage of tests has impaired our...
View ArticleThe Supreme Court's End-of-Term Decisions and the Rule of Law
Yesterday the Supreme Court issued two decisions of great immediate and historic importance. In Trump v. Vance, the Court ruled that a sitting President is not immune from state criminal investigation....
View ArticleIn Praise of "Losers" and "Suckers"
By now, we all have heard the reports that the current occupant of the highest office in our land has referred to America's fallen warriors as "losers," and those who answered the call to military...
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My Tribute to Massachusetts Chief Justice Ralph D. Gants, 1954-2020
Pictured above from left to right: Yours truly, Justice Ralph Gants, and then-President-Elect of the Massachusetts Bar Association, Richard Campbell, at the 2011 Walk to the Hill for Civil Legal Aid...
View Article"The Upswing" and Our Problem with Masks
I have begun reading the book "The Upswing" by Robert D. Putnam. In the first chapter, the author calls for balance in two vital yet conflicting characteristics of the American identity. Because these...
View ArticleTitans of Transition
My long-time friend, Joe Miller, has started a podcast called "Titans of Transition." In it, he interviews leaders in various fields about pivotal moments that shaped their careers. A few weeks ago,...
View ArticleReflections on an Anniversary
Forty years ago this month I was admitted to the Massachusetts Bar. It therefore seems like a fitting occasion for me to reflect on how law practice has changed during that time, on what remains the...
View ArticleInsurrection and the Rule of Law
Twelve days ago, we witnessed an unprecedented attack on the nation's Capitol. Mob rule descended on the seat of our government at a critical moment, delaying but, thankfully, not stopping a...
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