Transcript of Oral Argument in Arizona v. United States

The transcript of the oral argument in Arizona v. United States is available here. I will analyze what occurred during oral argument in a later post. My previous posts on the subject are set forth below the fold.

Presentation at NEOMED Thursday on the Constitutionality of Health Care Reform

I will be speaking to an audience at Northeast Ohio Medical University on Thursday, April 26, about the constitutionality of the Affordable Care Act. I will review the issues that are before the Supreme Court and summarize the amicus brief that I submitted to the Supreme Court on behalf of a committee of professors.

EEOC Rules That Discrimination Against Transgender Persons Is Unlawful Gender Discrimination

The EEOC has rendered a landmark victory for transgender persons. Henceforth discrimination against transgender persons will be considered to be a form of gender discrimination, which is already prohibited by the Equal Employment Opportunity Act.

Article on Same-Sex Marriage in Context of American Law and Philosophy

I have posted a working draft of an article to SSRN discussing the rapid acceptance of same-sex marriage in the United States in light of the theories of "pragmatism" and "legal realism" that have come to dominate American philosophy and jurisprudence. The article is entitled The Growing Acceptance and Legal Recognition of Same-Sex Marriage in America Constitutes a Victory for Reality-Based Thinking and it may be downloaded here. 

Summary of Postings on Prosecution of George Zimmerman for Killing Trayvon Martin

This post lists my previous entries describing the statutes that will govern the criminal case against George Zimmerman for the shooting death of Trayvon Martin. These posts analyze the murder and manslaughter statutes, the law of self-defense including "Stand Your Ground" and "Use of Force by Aggressor" statutes, and the investigators' affidavit filed against Zimmerman.

Judge Peter Sikora

It is being reported at Cleveland.com, WKYC, and WTAM that Peter Sikora, the longest-serving member of the Cuyahoga County Juvenile Court, has passed away at age 60. Judge Sikora was not only a highly respected jurist but was an inspiration to all who knew him. His wisdom, kindness, and fairness did honor to the bench. He will be greatly missed.

Jefferson Davis' Speech at Macon, Georgia, September 23, 1864: Worst Speech Ever?

Jefferson Davis' speech of September 23, 1864, was so bad that Americans North and South speculated that it was a spoof or a satire - but it was real and sincere. In this speech Davis greatly discouraged his own troops and vastly raised morale in the North; unpersuasively justified his removal of a popular, effective commander for one who had suffered unprecedented losses; viciously attacked one his critics without naming him, leading many of his opponents to believe themselves gravely insulted by the President; and through an unbelievable exercise of "loose lips" caused his army's strategic plans to be published in the newspapers, thereby contributing to the some of the most astonishing Union victories of the Civil War. Most significantly he revealed the principles that he thought the Confederacy stood for.

Florida Cases Interpreting Section 776.041: Person Who "Initially Provoked" Incident May Not Claim Self Defense

In yesterday's post I discussed the effect of Section 776.041 of Florida law which codifies the common law rule that to claim self-defense a criminal defendant must not have been the aggressor. Under this statute George Zimmerman's guilt or innocence is likely to turn on whether the jury finds that he "initially provoked" the incident in which he shot Trayvon Martin to death. If he did provoke the attack and did not subsequently try to escape or withdraw from the confrontation, the "Stand Your Ground" law does not apply and Zimmerman will not be permitted to claim that he acted in self-defense. In this post I examine two recent Florida cases interpreting 776.041 and I cite some older Florida cases applying the common law rule that a wrongdoer may not claim that he acted in self-defense.

The Interplay of Sections 776.041 (Use of Force by Aggressor) and 776.013(3) (Stand Your Ground) in Zimmerman Case

The "Stand Your Ground" law explicitly provides that a person "has no duty to retreat" if he or she is "not engaged in an unlawful activity." However, another statute entitled "Use of Force by Aggressor" provides that if a person initially provokes the use of force then that person may not claim self-defense unless he or she has "exhausted every reasonable means to escape." I suspect that prosecutors will rely upon this second law in their prosecution of George Zimmerman for the shooting death of Trayvon Martin.

Investigators' Affidavit Emphasizes Zimmerman's Suspicion of Martin

Talking Points Memo has posted the affidavit filed by the special prosecutor's office explaining why there was probable cause to charge Zimmerman with second degree murder in the shooting death of Trayvon Martin.