Ian’s Legal Fact of the Week 2/15/16: ‘Ladies Nights’ as Discrimination

The practice of holding a “ladies’ night’‘ as a promotional event at bars and nightclubs has been often challenged on state and federal grounds. While challenges under the Equal Protection Clause and the Civil Rights Act of 1871 have failed, four … Continue reading

Online Legal Education

I was pleased to have the opportunity to share some thoughts about distance learning in legal education in the National Jurist a few weeks ago. As the article just came out–you can read it here (Education Anywhere February 2015) — I … Continue reading

Ian’s Legal Fact of the Week 3/2/15: Citizen’s Arrest!

A citizen’s arrest — an arrest by a non-law enforcement officer — is statutorily provided for in 49 states (North Carolina is the exception) where a citizen observes a felony being committed, or when a citizen is asked by a … Continue reading

Ian’s Legal Fact of the Week 1/5/15: The Declaration of Independence

While some have argued that the Declaration of Independence is part of the “organic law” of the U.S., the prevalent view is that the Declaration is not a legal document. It did not create a new government or enact any laws, … Continue reading

Ian’s Legal Fact of the Week 11/17/14: Massachusetts and the Bill of Rights

The Massachusetts delegation was deeply divided over ratifying the Constitution and was dominated by anti-federalists. The “Massachusetts compromise” to introduce amendments, led by John Hanckock and Samual Adams, convinced states such as New York, New Hampshire and Virginia to vote to … Continue reading

A Happy Halloween Post (and a look back into the grab-bag of goodies from the past)

Zac was kind enough to put together a Halloween blog for the Executive LLM program, which features one of my all-time favorites of my Legal Facts of the Week–suing Satan–and he also included some other favorites from the archives. Until … Continue reading

Ian’s Legal Fact of the Week 10/13/14: Medical Marijuana

Twenty-three states and the District of Columbia have legalized cannabis for medical use, with legislation pending in three more states. Massachusetts legalized medical marijuana in 2012 as a result of a ballot measure approved by 63% of state voters.

Ian’s Legal Fact of the Week 10/6/14: Sheriff

In Anglo-Saxon England the chief magistrate of a district (or “shire”) was known as the “reeve”. The shire-reeve eventually became known as “sheriff”, or the main law enforcement officer of a county, and was used in the U.S. from the … Continue reading

Ian’s Legal Fact of the Week 9/1/14: The Bill of Rights

James Madison introduced 39 proposed amendments to the Constitution before the House of Representatives in 1789; the House approved 17 of these, 12 of which were ultimately approved by Congress. Ten amendments, now known as the Bill of Rights, went on be ratified … Continue reading

The Origins of “Passing the Bar”

One question that I am asked from time to time has to do with the origins of the expression “passing the bar”. A common assumption is that there is some connection with admission to the legal profession and the ancient relationship between lawyers and … Continue reading