February 25, 2018

The Obamacare saga encourages political dishonesty [Contributor]

Political dissemblance over the nature of taxes and regulatory architecture looms as an inevitably dark truth of post-Obamacare government. Through the tortuous legislative course of Obamacare’s genesis, Democrats continually denied that the individual mandate was a tax, the heaviest word in America’s political lexicon. Instead, the mandate was a “penalty,” or a “shared responsibility payment.” (A chillingly Orwellian turn-of-phrase). The Democrats knew that truth in taxation would slay Obamacare and scuttle their century-long obsession with state-directed flu shots and hip replacements. So they prevaricated. What do congressmen call a law that amends the Internal Revenue Code, is enforced by the Internal Revenue Service, and forces families to pay up to 2.5% of their incomes into the federal treasury? Anything but a tax.

Unless you’re in court—there, any word will do. [cont…]

Litigation Funding: Helping you get your case to trial or disrupting the litigation process?

If you haven’t heard of litigation funders, then stay tuned. I’m sure you will soon. They’re here to make sure your next big case gets the cash it needs to stay alive to victory or settlement. Or are they just here to see if they can make a buck? Or both? If you have heard […]

Finding my heritage in Utah’s legal history

My brother presented me with  a rare gift and a lucky find for my birthday. While nosing through an estate sale, he saw a volume of the collected laws of Utah, circa 1876. You know, back when they would all fit in one volume. If you’ve read this blog with any kind of regularity, you […]

4 Lessons in Legal Scholarship

Patrick Charles pulls no punches in his critique of one-sided, narrowly scoped, legal histories, and he shares a few lessons he’s learned from reading them. 1. Incorporate Actual and Accepted Historical Works Into Your Scholarship. Citing only one or two works does nothing to help expand the scholarship on your topic. Include the landmark historical works […]

Practice Tip (via ABL): How to Become an (Almost) Indispensable Junior Associate

Short of going solo, there’s almost no way around the fact: you’re going to be a junior associate before you become a partner. But that doesn’t mean you have to wait to be a partner to start thinking like one. Start now, says Above the Law. Take ownership of winning your case or completing your […]

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 […]

Meet a lawyer who practices Third Amendment law

Really? I doubt it. I’m about 89% sure that this is a joke…. A lawyer who practices Third Amendment law. That’s right. That’s the amendment about quartering soldiers in your home. T “Scotch” Reynolds: Third Amendment Lawyer | Big Legal Brain. BLB: Just what is the Third Amendment? Scotch: I can quote it, if you […]