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Judging the Judges
FEATURED
October 2, 2026
Judging the Judges
By: Lauren Scribner
Judges are in the business of holding people accountable for crimes and misconduct—but how do we hold judges accountable for their own ethical lapses? Recently, in a moment of frustration, Florida Second Circuit Judge J. Layne Smith told three attorneys practicing in his courtroom that he “would like to tell the deputy to pull his gun and shoot all three of [them] as far as [his] level of frustration right now.”[1] Yes—you read that correctly. A presiding judge vocalized his thought to have attorneys practicing in his courtroom shot by courtroom security. What should the consequence be for using such threatening language? A mere public reprimand and recusal from that case?[2] Or, should there be some sort of tangible punishment?…
Dismissive of Dismissal
September 25, 2026
Dismissive of Dismissal
By: James Trusty
During the two Trump administrations, a trend has begun to emerge of federal judges challenging the once-unrestricted authority of the Department of Justice (DOJ) to dismiss indictments. The longstanding framework of separation of powers suggests this judicial pushback is unsupported activism, but the judges claim the Federal Rules of Criminal Procedure (“Rules”) do not relegate their role to rubber stamping. Ultimately, this trajectory may lead…
In the age of AI, litigators must read between the lines—literally.
August 18, 2026
In the age of AI, litigators must read between the lines—literally.
By: Robert Ward
In the age of AI, litigators must read between the lines—literally. Any attorney who has litigated a case against a party proceeding pro se is familiar with the common refrain that courts liberally construe pro se filings.[1] This leniency was not enough for one Connecticut litigant. In a scheme that gives new meaning to the phrase “reading between the lines,” pro se plaintiff Matthew Elliot…
Your Mom and the Courts Agree: Naked Online Pix are Not OK
March 25, 2015
Your Mom and the Courts Agree: Naked Online Pix are Not OK
By: Ifrah Law
Since the 1990s and the rise of the Internet and social media, each one of us has become increasingly aware of the risks and dangers of unwanted posts and how fast a “discreet” image can go viral. The development and evolution of the Internet has brought with it a host of novel legal issues, from the worldwide threat of cyber bullying to disgruntled employee posts,…
Bureaucracy Unlimited
March 17, 2015
Bureaucracy Unlimited
By: Nicole Kardell
This article first appeared on FEE.org – you can access this version at https://fee.org/freeman/detail/bureaucracy-unlimited Big Gov and Big Biz. Are they holding hands, shaking hands, or boxing? It depends on the day and the issue. But while Big Biz hardly seems like a sympathetic character, Big Gov always has the upper hand. Remember Arthur Anderson? Perhaps not. It used to be the biggest accounting firm around….
What Expats Need to Know Now about their Taxes, FATCA and the IRS
March 9, 2015
What Expats Need to Know Now about their Taxes, FATCA and the IRS
By: Nicole Kardell
Are you an American abroad living in perpetual fear of the IRS? Do you wake up every morning wondering if today you’ll receive a formidable notice that the taxman cometh? You are not alone. Expats around the world are facing (and fearing) the painful reality that the IRS’s global tax enforcement effort is underway. While you may want to stick your head in the sand,…
SCOTUS Rules No Felony for Throwing the Little Ones Overboard
February 27, 2015
SCOTUS Rules No Felony for Throwing the Little Ones Overboard
By: Ifrah Law
This week, the United States Supreme Court resolved some fishy matters on which prosecutors sought to base a federal felony conviction. The case, Yates v. United States, arose from a offshore inspection of a commercial fishing vessel in the Gulf of Mexico. During the inspection, a federal agent found that the ship’s catch contained undersized red grouper, in violation of federal conservation regulations. The agent…
Court Reins In Prosecutorial Overreach in Insider Trading Cases
February 25, 2015
Court Reins In Prosecutorial Overreach in Insider Trading Cases
By: Ifrah Law
In an effort to reinstate powers stripped from them by the Court of Appeals in U.S. v. Newman and Chiasson, prosecutors have sought a rehearing of the landmark Second Circuit decision which severely curtailed the scope of insider trading cases. The case is one which has already seen a dramatic reversal, so it is perhaps no surprise that prosecutors are hoping for the tide to…
