Ian’s Legal Fact of the Week 9/23: Text Walking

A growing number of municipalities are outlawing texting and walking. Honolulu was the first to do so in 2017 under the “Distracted Walking Law”, which bans texting while crossing an intersection. Other cities have followed suit, although some laws are … Continue reading

Ian’s Legal Fact of the Week 9/16/19: Prohibition and the Constitution

Connecticut and Rhode Island were the only two states to fail to ratify the 18th amendment, which ushered in Prohibition following its ratification in January 1919. The 18th Amendment is the only constitutional amendment to have been repealed in its … Continue reading

Ian’s Legal Fact of the Week 9/9/19: The Highest Court in the Land

The 5th floor of the Supreme Court building contains a basketball court, nicknamed “the highest court of the land”. The Supreme Court courtroom sits below it on the 4th floor, and the basketball court may not be used while the … Continue reading

Ian’s Legal Fact of the Week 9/3/19: Can You Refuse a Presidential Pardon?

In 1830 James Porter and George Wilson were convicted on several counts of stealing mail and jeopardizing the life of a mail carrier. They were convicted, and Porter was executed soon after. Wilson’s influential friends secured a pardon from President … Continue reading

Ian’s Legal Fact of the Week 4/29/19: Slow-Motion Video and Juror Bias

A 2016 study has shown that jurors who are shown surveillance video, in slow motion, of criminal acts committed by defendants often suffer from ‘intentionality bias’. Even when reminded that the footage was artificially slowed down, unanimous juries were four times more … Continue reading

Ian’s Legal Fact of the Week 4/22/19: The Origins of Tort Law

Under ancient Anglo-Saxon law a plaintiff who suffered injuries or death was allowed to seek vengeance, either personally or through surviving family members, through a “blood feud“. This vendetta system was eventually replaced by payments referred to as “blood fines”, “bloodwit” … Continue reading

Ian’s Legal Fact of the Week 4/15/19: Banning Atheists from Public Office

Eight states still possess constitutional prohibitions against atheists from holding public office: Arkansas, Maryland, Mississippi, North Carolina, Pennsylvania, South Carolina, Tennessee, and Texas. While these provisions still exist, they are unenforceable under the 1961 decision of Torcaso v. Watkins, in … Continue reading

Ian’s Legal Fact of the Week 4/8/19: Origins of the ‘Billable Hour’

The pervasive use of billable hours by lawyers in the U.S. is a fairly recent phenomenon. Historically lawyers billed at flat rates, or on percentage bases, or based on ‘value billing’ for ‘services rendered’. The ABA began promoting hourly billing … Continue reading

Ian’s Legal Fact of the Week 4/1/19: Equal Rights for Attorneys Amendment

The proposed amendment currently closest to ratification is the “Equal Rights for Attorneys” Amendment” (ERA), which if ratified would become the 29th Amendment to the U.S. Constitution. The ERA would make lawyers a protected class, and treats as hate speech … Continue reading

Ian’s Legal Fact of the Week 3/25/19: America’s First Gun Law

The first gun law passed in the United States was in Kentucky in 1813, which banned people from carrying concealed weapons. Kentucky currently requires a permit for concealed carry, although a gun permit is not required for owning a firearm. … Continue reading

Ian’s Legal Fact of the Week 3/18/19: The Slavery Amendment

The Corwin Amendment was proposed in 1861 as an attempt to reverse the creation of the Confederate States of America and prevent further border states from seceding, and would have prohibited Congress from passing any laws that interfered with the … Continue reading

Ian’s Legal Fact of the Week 2/25/19: Wobbler Offenses

  A ‘wobbler’, otherwise known as a ‘hybrid crime’, is one that can be charged as either a felony or a misdemeanor. These crimes are said to ‘wobble’ between these two categories, as they can be charged as either based … Continue reading