Love Is The Law!

 Law  No Responses »
May 132013
 

Governor Dayton will sign marriage equality into law tomorrow after the bill cleared its final legislative hurdle today. Congratulations again to the legislators and advocates who helped Minnesota take this next step into the 21st century. Special kudos to those legislators who voted in favor of equality even though they hail from districts that supported a constitutional ban on same-sex marriage. Such displays of political courage are all too rare in our polarized era.

I’d urge my brother and his partner to come to Minnesota to get married, but they seem willing to wait until equality comes to California. And with a little help from the Supreme Court, they may not have to wait long.

Love May Soon Be The Law

 Law  No Responses »
May 072013
 

Minnesota may be on the verge of legalizing same-sex marriage, less than a year after voters rejected a constitutional ban on the same. I’m among those who thought legislators would avoid the issue in the wake of the bitterly fought ballot campaign, so I’m pleased that they proved me wrong. Given its generally progressive history, Minnesota should be among the early adopters of same-sex marriage.

One wonders if we would be at this point if Republicans hadn’t pushed so hard to incorporate discrimination into the state constitution. If this passes, we may need to acknowledge Republicans as our unwitting partners in promoting equality.

Fool’s Game

 Law  No Responses »
Mar 262013
 

In the wake of today’s oral arguments on the Prop 8 case, it may be a good time to remind everyone that it’s a waste of time to predict how the Court will rule on a high-profile issue. Around this time last year, pundits were writing the eulogy for the Affordable Care Act. And we all know how that turned out. Keep that in mind over the next few months as various “authorities” claim to have the inside scoop on how the Court will rule. They don’t.

The Great Law School Bust Of 2013

 Law  No Responses »
Jan 312013
 

Years of negative coverage about the skyrocketing price of a legal education and dwindling job prospects for new attorneys are finally catching up with law schools. Law school applications are at 30-year low and some observers are predicting the closure of lower-tier schools in the next few years. If this trend persists, I can’t see how the Twin Cities can continue to support four law schools. William Mitchell and St. Thomas might find themselves competing for the dubious honor of being the third law school left standing (the University of Minnesota and Hamline law schools will likely survive) in the metropolitan area.

I sometimes wonder if I would have chosen to go to law school in the current climate. I think I still would have pursued it, but the cost would frighten me. I graduated with a fair amount of debt, but it was modest compared to the debt loads that burden so many new attorneys today.

Netflix And The Public Good

 Disability, Law, Tech  No Responses »
Oct 112012
 

Kudos to Netflix for agreeing to caption all of its streaming content by 2014. Perhaps this will prompt all of the major streaming video players to ensure that their content is accessible. And a big “fuck you” to the Ars Technica commenters who suggested that deaf customers can take their money elsewhere if they aren’t happy with Netflix’s accessibility. As if Hulu and Amazon are doing all they can to capture the lucrative deaf demographic. The whole point of laws like the Americans with Disabilities Act is to compel businesses, within reasonable limits, to make its goods and services accessible to the public when free market principles might otherwise dictate inaction. As a nation, we’ve decided that it’s important for people with disabilities to be included in all aspects of everyday life, including consumerism. But because of recalcitrant corporations and our unceasing hero worship of unbridled capitalism, people with disabilities are forced to constantly re-litigate the question of whether we deserve to be fully participating members of society.

Papers, Please

 Law, Politics  1 Response »
Sep 242012
 

Sarah Silverman has a few thoughts on voter ID laws that she would like to share with you.

Minnesota voters will be voting on a constitutional amendment to require voter identification. The latest polling indicates that it may pass. I may be preaching to the choir, but please vote NO on this amendment. It has nothing to do with voter fraud and everything to do with disenfranchising citizens. Don’t fall for false analogies. Voting is not like renting a car. Voting is a fundamental right. We Americans aren’t guaranteed much, but we do make a point of proclaiming that every citizen has equal access to the ballot box.

People have died to safeguard the right to vote. Soldiers and students and housewives. When we start restricting the right to vote, we shit on every ideal for which they fought and died. Don’t fall for the scare tactics of politicians struggling to remain in power. Don’t bring Jim Crow to Minnesota.

Abandoned In The Sunshine State

 Disability, Law  No Responses »
Sep 192012
 

The Justice Department is suing the state of Florida for dumping kids with disabilities into nursing homes. Many of these kids have complex medical needs, which most nursing homes are ill-equipped to handle. The article also notes that Florida has turned down federal funds to keep people out of nursing homes. Florida has also made deep cuts to Medicaid home care payments rates.

Florida’s neglect and warehousing of kids with disabilities is further evidence of the need for stronger federal Medicaid policy on providing care in community settings. Two decades after the passage of the Americans with Disabilities Act and more than a decade after the Supreme Court’s landmark Olmstead decision, people with disabilities continue to face the threat of institutionalization. If the nation is ever going to live up to the ideals of integration expressed in those documents, the DOJ better be prepared to file many more lawsuits like this one.

Thanks to Adam for the link.

I Heart Chief Justice Roberts

 Health Care, Law  No Responses »
Jun 282012
 

My prediction about today’s Supreme Court decision was wildly off the mark, but I’m thrilled with the final result. We’re still trying to parse the Court’s ruling on the Medicaid expansion and what it means for Minnesota. The Court treats the expansion as an entirely new program that exists separately from Medicaid: Original Flavor. Frankly, it’s a weird result and the reasoning seems shaky at best. I don’t think any legal scholar can articulate how the Court will distinguish between a non-coercive expansion of an existing program and the creation of a new program that is independent of the parent program. But, whatever. Most, if not all, will likely participate in the expansion because of the big carrot the federal government is offering in the form of federal funding.

So, a busy summer lies ahead for me. And in a couple months, I can start worrying about the fall election. My professional life is a series of cliffhangers.

Wild Speculation

 Law  No Responses »
Jun 252012
 

My prediction for Thursday: Chief Justice Roberts hands out thick rolls of papyrus to all reporters in the courtroom. The reporters must then figure out that the papyrus contains the decision written in invisible ink. After holding the manuscript over a candle flame, reporters must then decipher the revealed hieroglyphs to read the opinion. Experts in dead languages will have to be called in.

Petitioning The Court

 Health Care, Law  No Responses »
Jun 192012
 

Dear Supremes,

Can you please just issue a ruling on health care reform already? I’m wasting far too much time reading opinion pieces speculating on how you might rule and what it will all mean for the election, the Democrats, the Republicans, the health care system, the country, and possibly even the fabric of reality itself. I should be enjoying my summer, not obsessing over the import of comments made by one of your brethren at some lecture. Seriously, just do what you’re gonna do so I can get my back to my typical evening routine: check e-mail, check social networks and RSS feeds, blog, scour Internet for new fishnet-themed erotica with a single-minded drive usually reserved for overcaffeinated grad students pulling an all-nighter in the library.

Sincerely,

Me

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