Ian’s Legal Fact of the Week 3/20/17: Gifts and Windfalls

In U.S. tax law there is a distinction between gifts and windfalls. A windfall — historically referring to fruit or trees blown down by the wind which then become public property — now refers to any sudden, unearned gain such finding money on the … Continue reading

Ian’s Legal Fact of the Week 3/13/17: The Twenty-Fourth Amendment

The Twenty-Fourth Amendment restricts the federal government and the states from requiring a poll or other tax in order to vote in federal elections. It was approved by Congress in August of 1962, and ratified by the states in January … Continue reading

Ian’s Legal Fact of the Week 2/27/17: ‘On the Lam’

The expression ‘on the lam’, meaning to be a fugitive from the law, has a murky past. It is often thought to be urban slang from the 1920s used by members of the criminal underworld. The Random House Historical Dictionary of American Slang traces it back … Continue reading

Ian’s Legal Fact of the Week 2/20/17: Presidents who have served on the Supreme Court

In honor of the President’s Day holiday: William Howard Taft, the 27th President of the United States (1909-1913), remains the only president to also serve on the Supreme Court. He lectured in legal ethics at BU Law from 1918-1921, and then served as the … Continue reading

Ian’s Legal Fact of the Week 2/6/17: Husband Killing as Petty Treason

Until 1828 in the U.K., a wife killing her husband committed ‘petty’ or ‘petit’ treason, not murder, as the law deemed this a crime against the social order. The penalty was burning at the stake, until replaced by hanging in 1790.

Ian’s Legal Fact of the Week 1/30/17: The First American 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.

Ian’s Legal Fact of the Week 1/23/17: The Stupid Motorist Law

Arizona has a law popularly referred to as the “Stupid Motorist Law“, which renders motorists liable for the cost of their rescue. A response to the flash floods common in the Southwestern U.S., the law states that if a motorist ignores barricades … Continue reading

Ian’s Legal Fact of the Week 1/17/17: Presidential Oath of Office

The Presidential Oath of Office is specified in Article II, Section One, Clause 8: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, … Continue reading

Ian’s Legal Fact of the Week 12/5/16: The Original Proposed 13th Amendment

While the Thirteenth Amendment outlawed slavery, the original proposed Thirteenth Amendment was altogether different. Approved by Congress in 1810, the Titles of Nobility Amendment was designed to strip U.S. citizenship from any citizen who accepted an aristocratic title from a … Continue reading

Ian’s Legal Fact of the Week 11/28/16: The Third Amendment

The Third Amendment states that “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”  The British practice of … Continue reading

Ian’s Legal Fact of the Week 11/21/16: Thanksgiving as a Federal Holiday

A proclamation by President George Washington and a congressional resolution established the first national Thanksgiving Day on November 26, 1789. The holiday was intended to give thanks for the new government formed under the Constitution. It became an official federal holiday … Continue reading