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by Jay Marshall Wolman How quaint the ways of Paradox! At common sense she gaily mocks! Though counting in the usual way, Years twenty-one I’ve been alive. Yet, reckoning by my natal day, Yet, reckoning by my natal day, I am a little boy of five! -The Pirates of Penzance, "When You had Left Our Pirate Fold" In Gilbert...

by Jay Marshall Wolman As a lawyer admitted in multiple jurisdictions, I find myself having to ensure I keep up with Continuing Legal Education (CLE) requirements.  With my CIPP/US certification, I also have continuing education requirements.  Doctors have CME requirements, and other certifications and professions have their own continuing education requirements....

by Jay Marshall Wolman, CIPP/US By now, practically everyone who cares has heard that Magistrate Pym has ordered Apple to help the FBI crack open an iPhone related to the San Bernadino shooting.  The order is pursuant to the All Writs Act, codified at 28 U.S.C. sec. 1651.  In short, it is...

by Jay Marshall Wolman From time to time, I read the blog "A Public Defender" by the pseudonymous Gideon.  Today, in the wake of Justice Scalia's death, he decided to post a dyslogy highlighting the concurrence in Herrera v. Collins.  Gideon summarizes it as follows: In other words, in Scalia’s opinion, our...

by Jay Marshall Wolman The law and business are never as neat and clean as you might hope.  One of the toughest problems is when two things are happening around the same time and they start to implicate each other. In law, we have the maxim "post hoc ergo propter hoc" (after this, therefore...

[caption id="attachment_25130" align="alignright" width="225"] A case of overreaction[/caption] It is said that if you are a young conservative you have no heart, and if you are an old liberal, you have no brain. As a 46 year old Liberal, I take offense at half of that, but I would not wish to...