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Begging the Question 

Two anonymous lawyers discuss law, politics and pop culture (in a manner reminiscent of the Foreign Service Board cheating scene in the classic 1985 Cold War spoof "Spies Like Us").
Post Frequency: 1.9/day Last Entry: March 19, 2010 at 00:00:01 Recent Entries: 235
By "Milbarge" and "Fitz-Hume"
Go to Begging the Question, find other Miscellaneous blogs, or browse all law blogs.
Can anybody spare a podcast?
Posted on October 24, 2008One of the podcasts I subscribe to has decided to close up shop. So now I'm casting about for a replacement. Any suggestions? What podcasts do you listen to?
Not one to put on your resume
Posted on October 21, 2008I was reading some cases the other day and ran across this item from a decision from a few years ago. A man in New Jersey was charged with threatening some judges and others involved in his criminal prosecution. He made a sort of hit list, with the judges noted along with "4...
Need a rap name? Go to Lowes.
Posted on October 13, 2008If I ever decide to become a rapper, (pause, to allow Milbarge to stop laughing) my rap name will be home improvement store inspired. The current top 5 candidates are:1: T-Nut2: U-Joint3: C-Clamp4: Edge Router5: Sawz-All
Who better to lead them in the wilderness, in case there are moose?
Posted on October 10, 2008I'm bemused by the several conservative commentators I've seen who are dealing with the current presidential polling by trying to convince themselves that some time in the political wilderness will be good for the GOP. I'm not sure how much stock I put in their analysis, though...
10 Questions for a registered independent
Posted on October 10, 2008For those of you who don't know, Mrs. Haff is actually a registered Independent. Up until the conventions this year, she was on the fence as to who she would vote for in the election. Since the conventions, the Palin pick for VP, and following the race more closely as the day draws near, she has swung firmly into the McCain camp...
Suggestions for the Palin "SNL" skit
Posted on October 07, 2008The recent rumor in that region where the political and entertainment worlds overlap is that Sarah Palin is thinking about dropping in on "Saturday Night Live." In the same way that Hillary Clinton showed up next to Amy Poehler doing an impression of Clinton, Palin would presumably meet up with Tina Fey's brilliant impression of the Governor...
Inventor's Corner
Posted on October 06, 2008Someone needs to invent a computer keyboard with a back that slides or pops off, so you can shake out the dust and crumbs like a toaster.Somebody get on that, thanks.
Plea Deal Not Necessarily Sexist
Posted on September 29, 2008Prof. Berman has a post up noting a CNN story on a plea deal for a female teacher who was charged with a sexual escapade (literally: they ran away to Mexico) with an underage male student. Originally facing a ten-year mandatory minimum on federal charges, the woman pled guilty and received a six-year sentence...
My quick take on McCain's gambit, and more
Posted on September 24, 2008So the news today is that John McCain is "suspending" his campaign to go to Washington and roll up his sleeves and solve the economic mess and support the pending $700 billion bailout bill. He has proposed to Barack Obama that they postpone this week's debate...
What the hell is going on?
Posted on September 22, 2008I've been trying to do some reading to help me understand the current financial crisis a little better. I thought I would share some links I've collected.1. This is a decent nickel tour of the basics, from Jim Manzi at The Corner. The policy outlook is conservative, but if you only have three minutes, it'll do...
Hairum Scarum
Posted on September 16, 2008Yesterday I paid the most money I've ever paid for a haircut.A prize to the person who comes closest to guessing the amount I paid, including tip.
A Pig in a Poke
Posted on September 10, 2008Feddie gets the vapors over Barack Obama using the common aphorism "You can put lipstick on a pig. It's still a pig." Because he used this phrase to describe some position of John McCain's and Sarah Palin's, Feddie asserts that Obama is calling Palin a pig, and has therefore lost "the women vote...
The Latest in Kennedy
Posted on September 09, 2008Via SCOTUSBlog, news comes today that the Supreme Court has issued an order in the child rape death penalty case Kennedy v. Louisiana. The state of Louisiana has sought rehearing based on a factual error in the opinion. It argues that this error undermines the majority's reasoning...
A Different Way of Doing Things
Posted on September 08, 2008Canadian Prime Minister Stephen Harper just dissolved Parliament and called for elections. On October 14. That's in five weeks. By that time, we will almost be finished with our election's debates.I'm not saying it's advisable for us to shrink our election cycle to five weeks...
Palin-monium (trademark)
Posted on August 30, 2008So McCain went with the VP choice I'd been hoping for. Just becaue she was my first pick, I was convinced he was gonna go with someone safe and boring. Milbarge and I have already traded emails on our thoughts on the pick. Maybe the relevant back and forth can be summarized into another post...
Arguing with TAPPED
Posted on August 30, 2008Reviving a long defunct post topic. The response over at TAPPED to the Palin pick has generated it's fair share of laughable lines. A small sampling."But it lends more credence to the argument that the McCain campaign is a war room masquerading as a campaign...
Could Shaquille O'Neal be the next Dick Heller?
Posted on August 23, 2008I think Prof. Berman has found a new champion in his quest to see the courts recognize robust Second Amendment rights in the context of federal criminal firearms laws.A judge in Atlanta has imposed a temporary restraining order on basketball megastar Shaquille O'Neal...
Why Biden is a good choice as Obama's running mate
Posted on August 23, 2008He may not be the perfect choice, but pretty good overall, I think. A few thoughts. First, one reason I saw against picking Biden is that it could be spun as an admission that Obama needed shoring up on foreign policy. This selection could be cast as Cheney-esque, in the sense of "Don't panic! A grown-up will be present to chaperone!" Picking Biden shows some humility on Obama's part, some recognition that he isn't the leading expert on everything, or appealing to all voters...
Home Sweet Home Home Home Home Home
Posted on August 21, 2008Greater Blogistan is buzzing today over John McCain's Kinsley gaffe in an interview with Politico. When asked how many houses he (and his heiress wife) own, McCain replied, "I think -- I'll have my staff get to you." It appears he has seven homes.All the political blogs, and a nice chunk of the mainstream press, is covering this, but I've especially enjoyed the alternative takes from NRO's The Corner (see here and here for example) and The New Republic's Plank and Stump blogs...
McCain v. Kaine?
Posted on August 18, 2008Well, the veepstakes are heating up, and everyone with an electoral college map and a congressional directory is making predictions. (Mine, from November, are comically wrong, but I'll save the laughs for those willing to put in the effort to find that post...
Vote McCain. Do it for the comedy.
Posted on August 16, 2008Two reasons to vote for McCain. Both have comedic implications.1. Many people out there are more than willing to label any criticism of Obama as racist. This has implications not only for the current campaign, but also for talk shows and comedians across the country...
"Boys...it would be a shame to have to kill you now."
Posted on August 12, 2008It would be a shame to have to kill you now, because then you wouldn't be able to listen to the like totally awesome Stuck in the '80s podcast episode honoring the Red Scare Movies of the 1980s! Naturally, I was blown away (pictured) by the discussion of Spies Like Us, but also had a lot of fun hearing the gang's reminiscing about the volleyball scene in Top Gun...
Legal Miscellany
Posted on August 11, 20081. I wrote here recently about the Sirius-XM satellite radio merger. See also here for more background. But way back here, I wrote about another proposed merger, this one between grocery chains Whole Foods and Wild Oats. Basically, I analogized these two specialty stores to the satellite radio companies, and figured that if these two organic stores could merge and not threaten the greater grocery market, the satellite radio outfits could merge and not cause a blip in the larger music entertainment industry...
Standard Bearer
Posted on August 06, 2008I was pleased to see that the U.S. Olympic team elected runner Lopez Lomong to carry the flag during this week's opening ceremonies at the Beijing Games. Lomong was born in Sudan, was a victim of that country's civil war, came to America in 2001, and became a U...
12 Angry Minutes
Posted on August 05, 2008This post at How Appealing led me to a Houston Chronicle story about the execution of Jose Medellin, whose death sentence led to quite a fuss regarding the International Court of Justice. I didn't really have anything to say about the Medellin case, but a story in the Chronicle's sidebar caught my eye...
Update on the "Cases" Cases
Posted on August 04, 2008Longtime readers know about my little obsession with chronicling all the Supreme Court's "Cases" cases -- that is, Supreme Court opinions styled (either popularly or in the U.S. Reports) as "The [X] Cases," such as The Slaughterhouse Cases or The Civil Rights Cases...
The Solicitor General Cops Out in Kennedy
Posted on July 29, 2008I'm disappointed with the approach taken by the Solicitor General's Office in the ongoing Kennedy v. Louisiana child rape death penalty case rehearing matter. For background, see my posts here and here. The short version is that Louisiana sought rehearing, and there was some curiosity about what action the United States, in the form of the Department of Justice and Solicitor General's Office might take...
Proposed Name: XiriuM
Posted on July 28, 2008I have written here a few times about my experience with satellite radio and my support for the proposed merger between XM and Sirius. See here and here and here. So naturally I was pleased to hear that the FCC voted 3-2 to approve the merger. I felt like I ought to say something about it, but I couldn't have put it any better than Publius did at Obsidian Wings...
Supreme Court Inside Baseball
Posted on July 23, 2008Via How Appealing, I saw this interesting Legal Times story about a pretty wonky little essay.The back story: In their Supreme Court expose The Brethren, Bob Woodward and Scott Armstrong relate a story about Flood v. Kuhn. Flood upheld baseball's "reserve clause" over a challenge on antitrust grounds...
Previous | Next
Should I Sue? Examining the Complex Question and the Role Apologies Play in Medical Malpractice Lawsuits
WBUR examines the medical apologies issue: On WBUR, a Boston NPR s...
The Question of the Political Season?
The Christian Science Monitor today asks if there is "too much rel...
Question for Greg
A question for Greg, prompted by his characteristically thoughtful...
Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
If I unknowingly cash a fictitious check, am I responsible to repay the bank?
Definitely, please go to court! Those crooks should be behind bars!...
I have been disabled for over 25 years. Last Nov. I had endoscopic brain surgery. It was not successful and had to be followed up by a major craniotomy. My huaband and I had not been contemplating divorce but after the 2
You need a Mass. divorce lawyer. If you can't afford one, Massachusetts leg...

Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
If I unknowingly cash a fictitious check, am I responsible to repay the bank?
Definitely, please go to court! Those crooks should be behind bars!...
I have been disabled for over 25 years. Last Nov. I had endoscopic brain surgery. It was not successful and had to be followed up by a major craniotomy. My huaband and I had not been contemplating divorce but after the 2
You need a Mass. divorce lawyer. If you can't afford one, Massachusetts leg...








