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Legal Commentary

Houston's Clear Thinkers Houston

Wide-ranging observations on law, business, medicine, culture, sports, and other matters of general interest to members of the Houston business, professional, and academic communities.
By Tom Kirkendall

Post Frequency: 4.2/day

Last Entry: July 20, 2010 at 03:01:00

Recent Entries: 746

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The Chronicle and the NFL Draft go in opposite directions

Posted on April 27, 2010
Although I continue not to understand the attraction, the National Football League?s annual draft of players over this past weekend garnered record television ratings. Meanwhile, Kevin Whited notes that the Houston Chronicle continues to bleed badly in terms of circulation...


A real bad mix

Posted on April 26, 2010
Regular readers of this blog know about the human carnage that results from abuse of the government?s prosecutorial power. Also, the immense damage that overly-broad application of child predator laws is inflicting on many citizens has been a frequent topic on this blog...


Top Ten Goldman Sachs Excuses

Posted on April 25, 2010


Touring the world in 80 seconds

Posted on April 24, 2010


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How about an NFL auction?

Posted on April 23, 2010
The most mind-numbing time of the year from a professional sports perspective is clearly the NFL pre-season, but a close second is the NFL Draft, even though some of the reactions that it generates are rather humorous. But as this Reed Albertotti/WSJ article points out, all this fuss is...


It wasn't Lidge's fault after all

Posted on April 22, 2010
I always thought that it was Brad Lidge?s fault that Albert Pujols in Game Six of the 2005 NLCS caused Houstonians to endure memories of these sporting disasters again. But now, former Stros 3B Morgan Ensberg reveals that it was all really the fault of an optical illusion at Minute Maid...


Representing society's new lepers

Posted on April 21, 2010
The increasingly draconian application of child predator and pornography laws has been a frequent topic on this blog. Norm Pattis does a good job of summarizing the ominous information that defense counsel should provide to defendants and their families face when ensnared in such a prosecution...


Houston Metro in a few years

Posted on April 20, 2010
Houston?s Metropolitan Transit Authority has been on the receiving end of well-deserved criticism lately regarding its dubious finances (see here, here and here). But it?s always nice to realize that things could be worse. For example, we could be dealing with the San Francisco Bay Area?s Metropolitan Transportation Commission,...


Goldman in the crosshairs

Posted on April 19, 2010
The inevitable SEC action against Goldman Sachs took the financial system by storm on Friday, so the weekend has been a feast of blogosphere analysis on the implications of the lawsuit. The best way to follow daily developments in the case is over at Clusterstock where Joe Weisenthal and...


Our troubling tax system

Posted on April 18, 2010
Another first rate Cato Institute video on the horrific cost of our overly complicated taxation system....


Rickles roasts Governor Reagan

Posted on April 17, 2010
When Don Rickles got on a roll, he was very, very funny....


That health care overhead

Posted on April 16, 2010
Following on this post from earlier in the week on the adverse impact that the third party payer system of health care finance has had on controlling health care costs, check out this Catherine Rampell post that passes along the graph on the left and the following startling observation:...


Milton Friedman on poverty

Posted on April 15, 2010


How we pay for health care

Posted on April 14, 2010
What is the most efficient way to pay for health care? Proponents of a single-payer governmental system content that patients should not have to pay the cost of their health care decisions and that the government can effectively control costs through top-down mandates...


Two best videos from The Masters

Posted on April 13, 2010
It takes awhile, but Adam Scott gets an eagle: Good thing that Phil Mickelson won and didn?t have to endure losing by a stroke. He might have never recovered from this:...


The National Enquirer one ups the MSM

Posted on March 09, 2010
The Washington Post?s Paul Farhi makes the interesting point in this American Journalism Review op-ed that the biggest scandal in regard to the Tiger Woods affair may be that the National Enquirer tabloid newspaper did a better job of following proper journalistic procedures in breaking the scandal than much...


Making good on Baylor Med's bad bet

Posted on March 08, 2010
The Chronicle?s Todd Ackerman and Loren Steffy did a good job in this weekend article of chronicling the series of bad bets that Baylor College of Medicine?s Board of Trustee?s made in the wake of the school?s unfortunate 2004 divorce from The Methodist Hospital...


The Last Four Minutes of Air France Flight 447

Posted on March 07, 2010
I?ve been meaning to pass along for awhile  this superb Gearld Traufette/Spiegel Online article on the continuing investigation into last summer?s horrific crash of Air France 447 into the Atlantic Ocean (earlier post here). Although the black box still has not been recovered (and quite likely won?t be), investigators...


Colbert's interview of Shaun White at the Olympics

Posted on March 06, 2010
"How much of your hair is Red Bull?" The Colbert ReportMon - Thurs 11:30pm / 10:30cShaun Whitewww.colbertnation.comColbert Report Full EpisodesPolitical HumorSkate Expectations...


The NBA Bubble

Posted on March 05, 2010
Looking for the next bubble to burst? How about the National Basketball Association, where the local Houston Rockets play in what has been nicknamed ?The Library on LaBranch? because of the lack of fan interest at their home games. ESPN?s Bill Simmons dissects and then sums up the league?s...


Mel Gibson in Wiggly Piggly

Posted on March 04, 2010


An interesting health care finance contrast

Posted on March 03, 2010
This Sean P. Murphy/Boston Globe article details how local government-subsidized health insulation ?insurance? plans are crippling municipal budgets throughout Massachusetts. On the other hand, this WSJ op-ed by Indiana Governor Mitch Daniels explains how the state is saving $20 million of health care expenses in 2010 through the introduction...


Jeff Skilling Day at SCOTUS

Posted on March 02, 2010
Got to love the response of Sri Srinivasan ? who handled yesterday?s oral argument for Jeff Skilling in his appeal to the U.S. Supreme Court ? to the government?s contention that a five-hour voir dire of the jury was sufficient in Skilling?s trial to rebut the presumption of community...


The Code

Posted on March 01, 2010
If this Larry Getlen/NY Post review of Jason Turbow and Michael Duca's new book The Baseball Codes: Beanballs, Sign Stealing, and Bench-Clearing Brawls: The Unwritten Rules of America's Pastime (Pantheon March 9, 2010) doesn?t get you in the mood for Major League Spring Training and the upcoming MLB season,...


Cutting up at the Mayo Clinic

Posted on February 28, 2010
I never knew that the lobby of the Mayo Clinic could be such an entertaining place....


Crazy good ukulele

Posted on February 27, 2010
The amazing Jake Shimabukuro....


David Agus on the state of cancer research

Posted on February 26, 2010
University of Southern California University professor David Agus provides a particularly lucid 24-minute lecture for the TED conference on the state of cancer research....


The future of the death penalty

Posted on February 25, 2010
University of Houston Law Professor David Dow?s book -- The Autobiography of an Execution (Twelve 2010) ? prompted Time to ask Dow several questions about the death penalty. A couple of his answers are particularly interesting: .  .  . I tell people that if you're going to commit murder,...


No way to fight a war

Posted on February 24, 2010
Here we go again. U.S. military forces are put on the defensive because of what might be an unfortunate mistake in prosecuting the war against the Taliban. When are we going to learn that fighting wars under unrealistic rules of engagement is a waste of time and precious resources?...


Gearing up for the Skilling SCOTUS argument

Posted on February 23, 2010
Oral argument on Jeff Skilling?s appeal of his criminal conviction to the United States Supreme Court is next Monday afternoon, so the Skilling legal team warmed up for the occasion by filing the brief below in response to the Department of Justice?s brief on the merits...


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