Category Archives: Law: Everything Else

Lifted from the Florida Bar News

I did not know this:

When it comes to US 1 Radio/FM 104’s “Ed Scales Show” — a weekly trove of 60s, 70s, and 80s classic hits — there’s more than meets the ear. Most listeners know the eponymous host for his encyclopedic knowledge of all things Rolling Stones, Beatles, The Who, and a pantheon of guitar gods led by Jimi Hendrix and Eric Clapton. But what most listeners don’t know is that “Ed Scales” is Third District Court of Appeal Judge Edwin A. Scales III.

Of course, the show has a web page.

Posted in Kultcha, Law: Everything Else | Comments Off on Lifted from the Florida Bar News

BBVA Compass Bank Behaving VERY Badly

I confess to a learned bias against commercial banks.  (Don’t get me started on investment banks…) I have never found a good brick and mortar bank here in Miami, although I have had more luck with an online bank.

That said, this incident, BBVA Compass Branch Manager Retaliates Against Elderly Customer Via Trying to Have State Agency Deem Her Incompetent on Fabricated Grounds, is several orders of magnitude worse than anything I ever heard of.

Posted in Econ & Money, Law: Everything Else | Comments Off on BBVA Compass Bank Behaving VERY Badly

Bad Claims is the New Trump Litigation Strategy

Post-Mueller, the Trump Family1 has embarked on a novel litigation strategy: bringing really bad claims. Making terrible legal arguments is nothing new for the Trumps, but generally they’ve made those arguments as defendants, often while defending very amateurish and inept attempts to overturn Obama-era regulations. And almost universally, those lost.

Now, however, we see the Trump Family is moving on to offense2, and it’s not pretty: Treasury is setting up to argue it can ignore a quite clear statute requiring the IRS send Congress tax returns. Attorney General Barr, to his shame (if he has any), claims he can dictate to Congressional committees the terms of his appearances. Trump Family companies are suing Democratic House Oversight Committee Chairman Elijah Cummings to block a subpoenas on his finances and suing Deutsche Bank and Capital One to prevent them from complying with subpoenas.

What all these cases have in common is that the legal theories on which they are based are tenuous to non-existent.

What gives? These could simply be Hail Mary passes by the guilty: try this because you have nothing better.  Or they could be plays to delay bad news, maybe even run out the clock until the next election with appeals. Or, worst of all, they could be a cynical calculation that some or all of them might find favor before an increasingly stacked judiciary, and a very pro-Trump Supreme Court.  Or, why not, it could be all of the above.

All of these are bad answers.

  1. I have decided that from now on I will use the Mafia term while blogging, rather than call it an Administration. []
  2. In the legal sense; in every other sense they’ve been there for quite some time. []
Posted in Law: Administrative Law, Law: Constitutional Law, Law: Ethics, Law: Everything Else, Law: The Supremes, The Scandals | Comments Off on Bad Claims is the New Trump Litigation Strategy

Useful Blog: The Vetting Room

I’ve just discovered The Vetting Room, which looks like a very useful blog offering short descriptions of the qualifications of, and potential controversies about, nominees to the federal judiciary.

Or, as they put it,

The Vetting Room is a legal blog dedicated to discussing, examining, and analyzing judicial nominations.  Specifically, we research the records of President Trump’s judicial nominees, condense the important issues, and present it for public use.  All of our investigations are conducted by volunteer attorneys who are committed to an independent and thorough review.  Our posts are the product of multiple rounds of research and editing, and sometimes include the contributions of multiple attorneys.

The Vetting Room is not formally affiliated with any partisan or nonpartisan groups, and maintains the primary goal of improving public engagement with the federal judicial confirmation process.

Posted in Law: Everything Else, Politics: US | Comments Off on Useful Blog: The Vetting Room

Apparently I Didn’t Vote Often Enough

While outcomes were good very locally–Donna Shalala is going to Congress, Javier Enrique Fernandez beat Javier Enriquez for the state House, state outcomes were bad, but with redeeming features.

Gillum lost a squeaker.  Nelson is a hair behind —  21,899 votes or .26 percent of 8.2 million ballots cast — with recount in the offing. Lots of provisional ballots to be counted, could maybe make the difference.  All the downballot state Dems lost except maybe the Agriculture Commissioner, where the margin is tiny.

Looks like another roller coaster post-election period for Florida.

All the state Constitutional amendments, good and bad, passed except for Amendment 1.  The best news is that 1.2 million Floridians got re-enfranchised by Amendment 4 — although whether implementation will be smooth remains to be seen.

The worst news is that Amendment 5 passed, requiring a supermajority to raise taxes and to close loopholes.  This may make Florida ungovernable, worse even then the fiscal straitjacket that hamstrung California after Proposition 13 and other anti-tax measures.

Equally bad is that DeSantis’s first act will be to name three Justices to the state Supreme Court, doubtlessly cementing a conservative-to-reactionary majority for a generation.

Florida really is a sanity-stressing jurisdiction sometimes.

Posted in 2018 Election, Law: Everything Else, Miami | Comments Off on Apparently I Didn’t Vote Often Enough

Miami Law Explainer on 3D Guns

This week’s edition of the Miami Law Explainer features yours truly being interviewed on 3D guns. You can get the Apple-flavored Miami Law Explainer, or the Android-flavored Miami Law Explainer.

I’m told that either way it runs about eight minutes, which isn’t even long enough for a trip to the store.

The Miami Law Explainer is a new series in which different members of the MiamiLaw faculty are interviewed on current legal topics.  Check it out.

Posted in Cryptography, Law: Everything Else, The Media | 1 Comment