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

Lawyer Raises Prospect of ‘Trial by Combat’ in Lawsuit

In 2011 I wrote a blog about the archaic form of legal action known as trial by combat. In it, I mused about whether the right to trial by combat (also commonly called ‘wager of battle’ or ‘trial by battle’) to settle … Continue reading

Ian’s Legal Fact of the Week 5/4/15: Composition of the Supreme Court

The Supreme Court is provided for in Article 3, Section 1 of the Constitution, but only the Chief Justice is specifically mentioned (in Article 1, Section 3). The number of other “Judges of the Supreme Court”  (Article 2, Section 2) is … Continue reading

Ian’s Legal Fact of the Week 2/23/15: Alienation of Affection

One of the most common 19th century civil suits was for alienation of affection, awarding damages to litigants whose marriages disintegrated due to the actions of a third party. In order for a plaintiff to prevail, he or she had … Continue reading

Ian’s Legal Fact of the Week 2/16/15: The Alford Plea

The Alford plea is a form of “alternative plea”, meaning that it does not correspond to traditional pleas of either guilty or not guilty. It is premised on the defendant’s acceptance of a plea bargain agreement while continuing to assert innocence. Typically, this involves a defendant’s … Continue reading

Ian’s Legal Fact of the Week 2/09/15: Reporters’ Privilege

Reporter’s privilege (also known as journalist’s privilege), is a limited First Amendment right of journalists to shield their confidential sources from discovery. Forty states and D.C. have enacted press shield laws that protect reporter’s privilege. While there is no federal press shield … Continue reading

Ian’s Legal Fact of the Week 10/27/14: Titles of Nobility Amendment

Approved by Congress in 1810 as a proposed 13th Amendment, the Titles of Nobility Amendment was designed to strip U.S. citizenship from any citizen who accepted an aristocratic title from a foreign country. Ratified by tweleve states (the last in 1812) … Continue reading

Ian’s Legal Fact of the Week 10/20/14: English Origins of Our Bill of Rights

The U.S. Bill of Rights was inspired by several documents including the U.K.’s Bill of Rights passed in 1689. This Act set out certain basic rights, including: no royal interference with the law; freedom to petition the monarch with grievances; … 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 9/29/14: Suspension of Habeas Corpus

The first suspension of habeas corpus in the U.S. was by Abraham Lincoln in April 1861 in order to protect a railroad route between Annapolis and Philadelphia which pro-Confederate forces were threatening to destroy. His action was overturned by the U.S. … Continue reading

Ian’s Legal Fact of the Week 9/22/14: 17th Amendment

The Seventeenth Amendment, ratified in 1913, provides for the direct election of members of the Senate by popular vote in each state, and also allows governors to make temporary appointments until a special election is held to fill vacancies. Originally, members of … Continue reading

Ian’s Legal Fact of the Week 9/8/14: Anti-Stalking Laws

California passed the first anti-stalking law in 1990, following the 1989 murder of actress Rebecca Schaeffer. Within 3 years every state had a similar law. Today all states have laws that also cover cyber-stalking and/or cyber-harassment. In recent years, a growing number … Continue reading