Today the Supreme Court issued its decision in Fisher vs. The University of Texas — a decision that will result in a sea of litigation challenging the constitutionality of affirmative action efforts of public high education institutions across the country. The decision is a short one, but a marvelous read on the case progeny, stemming from the …
Continue reading Affirmative Action Under Fire From SCOTUS, Even With a “Punt”Law
According to the Supreme Court of the United States, refusing to answer questions is not an invocation of your right to silence under The Fifth Amendment and if you refuse to answer questions and haven’t been mirandized yet, your Fifth Amendment rights don’t attach, and the silence can be used substantively against you. Here’s what …
Continue reading The Sounds of Silence — Inculpation by Saying NothingYesterday was a landmark for the United States Supreme Court: Justice Antonin Scalia agreed with the most liberal members of the bench (Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan) in the Maryland vs. King decision. This, in my opinion, is because Justice Scalia’s more conservative leanings are directly in line with a liberal (read …
Continue reading DNA Registries and the Supreme Court’s Attack on Privacy
A common public misconception with my profession (a personal injury trial lawyer), is that we’re ambulance chasers looking for an easy buck. Mark Levin calls us “slip and fall” lawyers as if to discredit our legitimacy with issues like the Patient Protection and Affordable Care Act. Listeners to The David Dorer Show know that I …
Continue reading Slip and Fall — Not an Easy WinThe IRS scandal I wrote about last week now has a new twist: Louis Lerner, the officer responsible for scrutinizing Tea Party 501(c)(4) applications, invoked her Fifth Amendment right against self incrimination on the stand in front of a house congressional meeting. Her invocation came after House Speaker John Boehner stated that he wanted to …
Continue reading Waiving the Fifth Amendment — Lois Lerner and the IRS ScandalFarmers rights are a huge deal to me. My family owns a farm in Tennessee. I’m no farmer, that’s certain. But you need to know a little about farming to understand this piece. Farmers buy seeds. Farmers plant seeds. Seeds grow into plants. Plants naturally produce seeds. Got it? A common practice for farmers is …
Continue reading Goliath Stomps American Farmer, Again.Many people that come into our office say they have “full coverage” for their vehicle, and often times only have coverage that pays for property damage or personal injury in the event of their own fault. This guide explains what the different types of available automobile coverage are in Georgia. 1Bodily Injury Liability Bodily …
Continue reading What your Insurance Coverage MeansThe news is once again a flutter with the George Zimmerman murder case for the shooting of Trayvon Martin last February. What once was prematurely characterized by the left-wing media as a hate crime and the right-wing media as the justifiable vigilante conduct of a devout second-amendment-er is now merely a run-of-the-mill over-publicized murder trial that …
Continue reading Zimmerman Can’t Stand His Ground With “Stand Your Ground”AP is reporting today that the Senate rejected expanded background checks, ostensibly making the pushes for gun control regulations following Sandy Hook dead. I was under the impression that in the early 90’s the NRA supported universal background checks. Apparently, those facts were skewed by Joe Biden. I did a little research on the Republican platform on Gun …
Continue reading The Law that Killed Gun Control Protects Abortion RightsLanguage is what bogs down our country’s people’s road to freedom, liberty, and uniform rights. This is why “separate but equal” was the law of the land until 1954 when it was declared “inherently unequal.” The law that African Americans used to achieve their accomplishments in the civil rights movement is the same law that …
Continue reading An Argument of Language – Hollingsworth v. Perry, SCOTUS and Gay Marriage