August 13, 2026

Utah Legislature Watch: The numbers

The Utah legislative session is almost over. As they say on Marketplace, “let’s do the numbers.” (as of mid-day yesterday) There have been 223 bills passed at the 2011 General Session. There were 498 House bills introduced and 132 substitute House bills. There were also 19 House concurrent resolutions, 49 House joint resolutions and four […]

Precedent for Presidential Refusal to Defend Statutes the Administration Believes to be Unconstitutional

Initially I questioned the Obama Administration’s refusal to defend DOMA. On reflection, however, there may be precedent for their actions. Ilya Somin points out several precedents in both Republican and Democratic administrations that support the premise that the President may be justified in not supporting legislation he deems unconstitutional. During the Eisenhower, Kennedy and Truman […]

Utah Legislature Watch: “Lawyers should be good lobbyists…”

“..but really, they’re pretty lousy.” http://twitter.com/#!/PubliusDB/status/40847592678109184 Ironic, I know. But that’s the word from Doug Foxley. Last week I attended a Utah Bar CLE entitled “Utah State Bar Day at the Legislature.” Except, we really didn’t get over to the legislature itself. We sat in an auditorium over in the Capitol Office Building, and the […]

A Modest Tort Reform

A Modest Tort Reform. One plaintiff’s lawyer (aka “ambulance chaser“) gives his take on Tort Reform (which doesn’t mean changing how you make confections…). A snippet: We go by all sorts of names: Trial attorney, victim’s rights lawyer, shyster, stupid, ambulance chaser and so on and so forth.  You’ve likely heard about our kind a […]

Have you read the Utah constitution, lately?

Commentaries on the Utah Constitution | Equity of Law. When was the last time you reviewed the Utah constitution? Salt Lake Attorney Ben Lusty argues that in all the renewal of interest in the US constitution, we’ve missed the boat with state constitutions. But this rebirth of constitutional interest ignores the state constitutions.  From this […]

Killing the golden goose in Wisconsin

Greed: what is it good for? In my other life, I play a member of one of the major political parties, and I regularly engage in issues, campaigns, and debates on a partisan level. In all of my activities, however, I try to maintain a level of civility that encourages healthy debate and discussion that allows […]

the price we pay for not being born mud-turtles

“However, American conservatives are caught in the web of their careless antigovernment rhetoric. They are partially immobilized by their uneasy consciences about government power. This uneasiness derives from their libertarian tendency–from an economic predisposition pressed into service as political philosophy. This question must be asked: If conservatives do not want to use government power in […]