J.D. Impaired: Law School Impairs Constitutional Understanding

Last week, we got a healthy dose of political theater. I honestly didn’t pay a whole lot of attention to the Kavanaugh hearings – other than what I scrolled past in my Facebook feed. On the day of  Christine Blasey Ford’s testimony, I predicted how all of this will play out.  Here’s what I said: “Senators will grandstand. […]

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Podcast: Baseball, the Constitution and a Lawyer You Can Trust

Last week, I warned you about trusting lawyers to explain the Constitution. On this week’s episode of Thoughts from Maharrey Head, I  make an exception to that general advice. I’m also explain what a baseball rule can teach us about constitutional interpretation. You can subscribe to Thoughts from Maharrey Head for free on iTunes. Just click HERE. SHOW…

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What Lawyers & Judges Won’t Tell You About Juries

In 1670, the right of jurors to judge both the law and the facts became part of British constitutional law. It ultimately became part of American constitutional law as well, but you'd never know it listening to jury instructions today almost anywhere in the country. With only a few exceptions, juries are explicitly or implicitly told to worry only about the facts and let the judge decide the law. The right of jury nullification has become one of the legal system's best kept secrets.

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