Ian’s Legal Fact of the Week 3/21/16: Reading the Riot Act

‘To read the riot act’– meaning to warn someone that their current actions will not be tolerated — has its origins in an actual legislative enactment. Formally entitled An Act for preventing Tumults and riotous Assemblies, and for the more speedy and effectual punishing the Rioters … Continue reading

Ian’s Legal Fact of the Week 3/14/16: Insanity!

The words “insane” and “insanity” are legal, rather than medical, terms. Contemporary legal definitions of insanity are derived from the M’Naghten test, formulated by the House of Lords in 1843, which set out the test as whether (a) the defendant knew … Continue reading

Ian’s Legal Fact of the Week 2/29/16: Leap Year!

While technically there is no legal issue with respect to having a leap year birthday, people born on February 29th (often called “leapers”) may face some problems, particularly with regard to medical or government records. Some computer systems do not accept February 29th as a valid date, or … Continue reading

Ian’s Legal Fact of the Week 2/22/16: The Right to Privacy

While the Constitution contains no explicit reference to privacy, the Supreme Court has held it is found within the “penumbra” of the Bill of Rights as an implied right. Specifically, the Court had pointed to the 1st  Amendment (privacy of beliefs), 3rd … Continue reading

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

Ian’s Legal Fact of the Week 2/8/16: Jury Sequestration in New York

For more than a century New York state required that juries be sequestered during the deliberation phase of all trials for violent felonies. This extremely unpopular law was repealed in 2001. Missouri still makes jury sequestration mandatory in trials involving a charge … Continue reading

Ian’s Legal Fact of the Week 1/25/16: Reporter’s Privilege

Related to the spousal privilege, attorney-client privilege, and priest-penitent privilege, the reporter’s privilege (also known as a ‘press shield law’) is provided for in 48 states and the District of Columbia, either statutorily or through judicial decisions. Federal courts have also … Continue reading

Ian’s Legal Fact of the Week 1/18/16: The Admission of Ohio into the Union

President Thomas Jefferson signed an Act of Congress approving Ohio’s statehood in 1803, making it the 17th state. Congress had never passed a resolution formally admitting it as a state, however. While this has no real constitutional significance, this oversight was … Continue reading

Ian’s Legal Fact of the Week 1/4/16: Presidents Who Served on the Supreme Court

William Howard Taft, the 27th President of the United States (1909-1913), remains the only president to also serve on the Supreme Court.  He served as the tenth Chief Justice, from 1921-1930.

Ian’s Legal Fact of the Week 4/11/16: ‘Be Kind to Lawyers’ Day

Distressingly, there is no official “Lawyer’s Day” in the U.S.–despite the fact that nearly half of the members of Congress are lawyers. In fact, a member of Congress in 2015 was 66x more likely to be a lawyer than the average … Continue reading