JUSTICE BUILDING BLOG
Friday, December 31, 2010
Wednesday, December 29, 2010
Monday, December 27, 2010
Sunday, December 26, 2010
Saturday, December 25, 2010
He was the very best there ever was at what he did. He entertained millions of us for decades and when we weren't laughing we were debating some of the thought provoking ideas or comments he had. I have missed him since he went off the air.
Rest In Peace Uncle Neil.
Thursday, December 23, 2010
Tuesday, December 21, 2010
It has been over 21 years since Lawhorn was sentenced to death. Alabama should be not barred from carrying out its judgment based on a federal court’s lawless speculation. I would not dissent from denial of certiorari if what happened here were an isolated judicial error. It is not. With distressing frequency, especially in capital cases such as this, federal judges refuse to be governed by Congress’s command that state criminal judgments must not be revised by federal courts unless they are “contrary to, or involv[e] an unreasonable application of, clearly estab- lished Federal law, as determined by the Supreme Court of the United States,” 28 U. S. C. §2254(d)(1) (emphasis added). We invite continued lawlessness when we permit a patently improper interference with state justice such as that which occurred in this case to stand. We should grant Alabama’s petition for certiorari and summarily reverse the Eleventh Circuit’s judgment.
So there you have it: What does Justice Scalia think of our 11th Circuit? "Lawless speculators." If we called them that you can bet the Marshals would be hunting down our ISP address so we could be hauled before the Court in irons to explain ourself. But if Scalia calls them that, well......
Monday, December 20, 2010
Saturday, December 18, 2010
Thursday, December 16, 2010
"Lady Justice’s familiar blindfold did not become an accessory until well into the 17th century. And even then it was uncommon because of the profoundly negative connotations blindfolds carried for medieval and Renaissance audiences, who viewed them as emblems not of impartiality but of deception (hence the early use of the word hoodwink as a noun, meaning a blindfold or hood).
Sight was the desired state,” Professors Resnik and Curtis write, “connected to insight, light and the rays of God’s sun.” Even in modern times the blindfold continues to fit uneasily in Lady Justice’s wardrobe, used as a handy prop by political cartoonists and a symbol of dysfunction by others.”
Meanwhile the federal courts burn under the weight of heavy case loads and not enough judges, while the senate fiddles and conservative senators attempt to obstruct nearly all of Obama's nominees.
If elections have consequences, then the federal judiciary is one of them.
MORE EXPERIENCED JUDGES?
We don't have the link to it, but we read in the Bar News that a Florida Legislator is proposing language raising the minimum time an attorney can be eligible to become a judge from five to ten years. The article references one new Dade Judge-elect, Gonzalez-Paulson, as an example of someone with barely five years experience ousting a very experienced Judge. We think the change is a good one.
Enjoy the weekend. Football picks this Sunday for some extra holiday dough.