Just returned from my first trip to Panama and what an eye-opener! If you think this is just another banana republic you are sadly mistaken. It boasts a thriving economy, based on the U.S. Dollar, and almost total employment. But the greatest thing was this: I heard more positive comments about the United States and Americans there than I ever hear at home.
Self-flagellation is now fashionable in the U.S. We are racists, sexists, misogynists, homophobes, xenophobes, and islamaphobes. We invent a new “phobia” every day with which to tag ourselves. We are militaristic imperialists with a history that embarrasses us.… → Read More
Is The Texas Shuffle Subject to The Batson 3-Step?
Looking from counsel table at the jury venire recently numbered and seated, you observe a typical cross section of county residents, some with dour faces, but an interesting assortment nonetheless.
“May we approach the bench, your honor?” bellows your adversary.
Having been so permitted, your adversary now declares:
“Your honor, pursuant to Rule 223, of the Texas Rules of Civil Procedure, we demand a shuffle.”
If the panel in its current configuration seems acceptable to you, what can you do to avoid this fruit basket turnover? Reading the rule, it seems mandatory and worse yet, only one shuffle can be granted and your adversary just claimed it. … → Read More
IS ARBITRATION BAD FOR BUSINESS?
The death of Stare Decisis
Within hours after buying those heavy and expensive books, law students are introduced to what is represented as the pillar of our system of justice, stare decisis. We learn that the doctrine of stare decisis is based upon the principle that certainty in law is essential. This idea is so firmly fixed in England that the House of Lords and the Court of Appeal have held that they have no power to reverse themselves on a proposition of law, no matter how erroneous their previous decision may appear to have been.… → Read More