The Conundrum Facing Us

March 23, 2017

What the Democrats in the Senate should do about Judge Gorsuch is truly a dilemma.  The failure to hold hearings on President Obama’s appointee Merrick Garland was unprecedented, even by a party – the Republicans here – in control of

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Who’s Unpatriotic Now?

June 10, 2016

It seems to be well-established by Donald Trump himself that he is an unapologetic racist, misogynist, divisive, self-aggrandizing narcissist with all of the attributes of a fascist dictator.  He rejects the Constitution and our form of government.  I can see

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Ascertainability, Injury and the Upside-down View of Class Actions

August 19, 2015

Class actions are a procedural device enabling courts to handle large numbers of similar claims efficiently and economically. The procedural device serves two purposes. Spending $100 to get $50 First, litigation is so expensive and time-consuming that the science of

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Three Equal Branches of Government – Sort of

April 28, 2014

I have a poor excuse for not blogging for a long time — there have been so many issues to blog about that I have been paralyzed.  While true, it is such a lame excuse that I am forcing myself

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The Republican State of Mind: It Only Matters If It Happens to Me

January 04, 2013

Illinois Senator Mark Kirk suffered a stroke about a year ago.  He is only 53 years old, was an active member of the Navy Reserves and worked out regularly, so it was, to say the least, a surprise.  After a

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Dodd-Frank Two Years Later, Part I

September 24, 2012

I spoke recently at the annual conference of the National Association of State Treasurers (“NAST”).  The panel I was on was directed to Dodd-Frank and the impact of its financial reforms two years after the Act became law.  I’m going

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A Look at CAFA: Seven Years in the Making

June 06, 2012

In 2005, Congress passed the Class Action Fairness Act (“CAFA” or the “Act”). The Act was supposedly drafted to prevent class action lawsuit abuse, but it threw the baby out with the bathwater by making it more difficult for all

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Unhappily Musing on the “News”

January 19, 2012

It always amazes me how editors of newspapers can mold public opinion merely by the wording of headline and the placement of a story. The New York Times today gave me another reminder of this insidious practice and ability. If

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Republicans Block Another Obama Nominee, Consumers Suffer Another Blow

December 16, 2011

On Thursday, Dec. 8, in a 53 to 45 vote, Senate Republicans blocked the nomination of Richard Cordray as the Director of the Consumer Financial Protection Bureau. Despite Cordray’s backing by 37 of the nation’s Democratic and Republican Attorneys General,

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Your Seventh Amendment Rights Are Under Attack: What Are You Going to do About it?

October 12, 2011

The Seventh Amendment provides that, in suits at common law, “the right of trial by jury shall be preserved.”  And yet, we live in a world where we are bound – whether we know we are or not — to

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