Susan on MSNBC Segment on Naval Academy Rape Acquittal

March 21, 2014 Current Events
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Refining the Definition of “Testimonial Evidence” under Crawford v. Washington

March 20, 2014 Evidence

You take a worthwhile social goal – protecting domestic partners from abuse – and then you contort the U.S. Constitution to achieve that goal. In the days of Ohio v. Roberts, 448 U.S. 56 (1980), the testimony came in as long as it was reliable.  There was no need for the complainant to appear when a […]

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I Was Assaulted By Bill Clinton At A “Grip and Grin”

March 18, 2014 Miscellaneous

Years ago I tagged along with my wife to a fundraiser at which Bill Clinton was going to be available for a “grip and grin” photograph. Prior to going to the event, I had read that the Clintons, having endured thousands of receiving lines and photo opportunities, had developed a strategy for dealing with “clingers.”  […]

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Policy Shmolicy: Dealing With Junior Prosecutors

March 8, 2014 D.C. Superior Court

Occasionally you have a judge who tells it like it is. I am standing at the bar of the court. My client has successfully completed a diversion program. The clerk calls our case 15 minutes early, before my client has arrived in the courtroom, so I offer to waive my client’s presence. We need two […]

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“Burn-Pit” Class Action Lawsuit Against KBR to Continue

March 7, 2014 Current Events

The Associated Press, the Navy Times, and BusinessWeek have all reported on yesterday’s decision by the 4th Circuit to allow a federal lawsuit against U.S. military contractor KBR to continue. As the Navy Times puts it, “The civil cases – 58 separate class actions and individual suits known as Alan Metzger et al v. KBR – […]

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Lawyer Advertising: “Thanks Dan!!!”

March 7, 2014 Law Marketing/Networking
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Dan Snyder: Change the Name of D.C.’s Football Team

March 6, 2014 Current Events
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Pozner and Dodd on “Constructive Cross-Examination”

March 5, 2014 Trial Advocacy

It is what we see on T.V. and in the movies. It is what our clients expect of us. And, providing us with war stories to tell our friends and colleagues, it is lots of fun to do. This is the tearing down of the opponent’s witness on cross-examination. We confront the witness. We force […]

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On Senator McCaskill’s Opposition to the Military Justice Improvement Act (MJIA)

March 3, 2014 Current Events

When I was in government, there was something we called the “Not Invented Here” phenomenon:  You did not support something if you were not going to get credit for it. This is the charitable view of Senator Claire McCaskill’s opposition to the Military Justice Improvement Act (MJIA), a bill sponsored not by McCaskill but by […]

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When Police Officers Shade Their Testimony

March 1, 2014 Professional Responsibility/Ethics

“Runner!” This is what one police officer yells to the other two officers, and all three officers take off in pursuit of a suspect who has decided to flee. According to the officer’s testimony at trial, the officers are 20 feet behind the suspect and “closing fast” when the suspect suddenly comes to full stop.  […]

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