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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.
Update on the Kennedy child rape case: my intervention post vindicated?
Posted on July 22, 2008On Monday, the state of Louisiana filed a rehearing petition in the Supreme Court, asking the Court to reconsider its recent decision in Kennedy v. Louisiana, which outlawed the use of the death penalty for child rapists. SCOTUSBlog has coverage and a link to the petition, here's some coverage from How Appealing, here's a little from the Sex Crimes blog, and Prof...
50 Book Challenge: How the States Got Their Shapes
Posted on July 20, 2008How the States Got Their Shapes by Mark Stein (Amazon, B&N, Powell's). Okay, I'll admit it: I'm a geography nerd. When I was in junior high, I went to the state geography bee sponsored by National Geographic. I didn't get very far, and I was nowhere near the national finals with Alex Trebek...
Suicide is Painless...and Delicious
Posted on July 12, 2008Back when I was in law school, my group of friends would go to lunch together pretty regularly, and we were always on the lookout for a good barbecue joint. One of the guys had a theory that you could tell how good the barbecue was by examining how "human" the pig in the restaurant's logo was acting...
Could (Will?) the United States Intervene in Kennedy v. Louisiana?
Posted on July 10, 2008One of the most talked-about and controversial opinions from the just-ended Supreme Court term was Kennedy v. Louisiana, which held that the Eighth Amendment bars the execution of those convicted of child rape. One of the reasons for the Court's decision was what it concluded was a consensus of national opinion against the appropriateness of such executions...
50 Book Challenge: Catching Up
Posted on July 07, 2008I decided my reviews would never catch up with my reading if I forced myself to do full reviews of the last few books I read. So, herewith, a few thoughts on the following books. If you want to know more about any of them ask away in the comments.11...
50 Book Challenge: Legacy of Ashes
Posted on July 06, 2008Legacy of Ashes: The History of the CIA by Tim Weiner (Amazon, B&N, Powell's). Easily one of the best books I have ever read. This is a magisterial study of the CIA, from its birth in the WWII secret services to its post-September 11 demise as the intelligence agencies were melded together...
I left Rome [Georgia], and landed in Brussels
Posted on July 02, 2008There's a little bit of buzz over this story about a purported class action suit filed by a lawyer who was rejected from the DOJ Honors Program, allegedly because of political bias. See thoughts from David Lat at ATL here, and Orin Kerr at Volokh here...
Next, Coco Chanel finds coca in her cocoa butter!
Posted on July 01, 2008I got these new granola bars recently because the store was out of the ones I usually get. I actually tend to have several different kinds, but I often get these Quaker Chewy chocolate chunk ones that are low fat and only 90 calories. But they didn't have those, so I got the regular chocolate chunk, which I think are 100 calories and probably not a lot worse for you...
Small Business Administration
Posted on June 30, 2008I was in my favorite used book store the other day when I heard the phone ring. I caught most of what the proprietor was saying, and after a while, I figured out that he was talking to someone who was in the process of opening a used book store and looking for advice...
Creative Defenses in Contract Litigation
Posted on June 27, 2008The sports fans among you may have seen the story about the University of Louisville suing Duke University (dear alma mater) over football games that weren't played. In short, the two schools signed a contract to play a series of four games, but Duke backed out after one (a 40-3 pasting at the hands of the Cardinals, if I recall)...
Scratching the Itch
Posted on June 24, 2008I've been silent on the blog for a while, due to, you know, life stuff. However, things at home and at the office have settled down somewhat so I'll see what I can do. I keep promising Milbarge I'll post more, and that never seems to happen. I have decided to join the county republican group, which hold monthly meetings...
Watch porn. Live longer. (possibly get divorced)
Posted on June 24, 2008A while back on the same day I read two completely unrelated items. The first one was a news headline about a study linking regular masturbation to a reduced risk of prostate cancer in men. Perhaps BTQ should have an all request post for the public service advertisements...
Random Thought of the Day
Posted on June 23, 2008Why are handicapped parking spaces reserved, but handicapped bathroom stalls aren't?
Random Thought of the Day
Posted on June 23, 2008Why are handicapped parking spaces reserved, but handicapped bathroom stalls aren't?
To Do List
Posted on June 20, 20081. Four of five book reviews (including one for one of the best books I've ever read).2. Some thoughts on whether the internet is changing the way we think. See this and this.3. Perhaps some end-of-the-Supreme-Court-term thoughts.4. I guess this is really more of a to-blog list, so what else? I keep looking for stuff, but all I see is politics, and I'm not fired up about the presidential race at the moment...
Proves the Rule
Posted on June 18, 2008I was amused by Matthew Franck's iteration of "the Kennedy rule," which he defines thusly: "If the Court has declared anything unconstitutional, and the vote was 5-4, and the fifth vote was provided by [Kennedy], the case was wrongly decided."Franck has updated the rule from its original namesake, Justice O'Connor...
(Audio)Book Recommendation?
Posted on June 17, 2008I'm trying to decide on my next audiobook. The current front-runners are Panama Fever and This Republic of Suffering. I'm interested in both, but not desperate to read either. I've glanced at the pictures in Panama Fever in the bookstore, and I worry a little that following the story would require reference to the maps that wouldn't be available on audio...
And now his head...is shaped like a tread
Posted on June 09, 2008Longtime readers know my affinity for The Band. I recently picked up the latest album from The Band's drummer/singer Levon Helm, Dirt Farmer. It won the 2008 Grammy for Traditional Folk Album. And that's an apt description. It's folkier and countrier than most of The Band's work, but a lot of the group's tunes, like "Ophelia" or "Up On Cripple Creek," for example, would fit right in...
Whatever you say
Posted on June 08, 2008I was in a restaurant tonight, and the drink dispenser had a sign on it reading "Out the service."That's kind of how I'm feeling, too. My computer is in the hottest room in my house, and with this heat wave, I'm thinking that sweating and blogging don't work well together...
50 Book Challenge #9: Very Strange Bedfellows
Posted on June 01, 2008Very Strange Bedfellows: The Short and Unhappy Marriage of Richard Nixon and Spiro Agnew by Jules Witcover. (Amazon, B&N, Powell's) A few weeks ago I posed a trivia question here: Who said this about whom? "[X] is the greatest man this country has produced since John C...
Penny for your thoughts
Posted on May 28, 2008I kind of in a blogging mood. Or maybe it's a blahgging mood. But I don't really have much to say. I have a couple of post ideas kicking around, but some I need to do some more reading for, and some (book reviews), I just don't feel like doing now...
Quickie Movie Review
Posted on May 24, 2008I saw the new Indiana Jones movie today. I liked it a lot; very entertaining. Don't go in expecting perfection, but it's a worthy follow-up to the earlier ones, and far better than a lot of those one-more-for-old-time's-sake films retreads out there...
Top Twenty Tunes
Posted on May 22, 2008Inspired by a recent Stephen King column, here are the top twenty most-played songs on my iTunes:1. "Let the Mystery Be" by Iris Dement2. "El Paso" by The Gourds3. "King Dork" by Frank Portman4. "Such Great Heights" by Ben Folds5. "Late for the Sky" by Jackson Browne6...
Jesus is Bigger Than John McCain
Posted on May 19, 2008Here's one of those "If English was good enough for Jesus, it's good enough for us!" quotes I love to see. Sue Everhart, the Chair of the Georgia State Republican Party said of Sen. John McCain, "John McCain is kind of like Jesus Christ on the cross...
The "Cases" Cases
Posted on May 13, 2008I have an update to my ongoing effort to catalog all the Supreme Court's decisions using the naming convention "The [Subject] Cases" (and to revitalize that practice). My first post on the issue, Where Have All the "Cases" Cases Gone? is here, and here is a follow-up (item #3)...
Trivia Question
Posted on May 12, 2008Identify the speaker and subject. Who said this about whom? "[X] is the greatest man this country has produced since John C. Calhoun and Robert E. Lee." I expect someone at Feddie's place to get this one. I'll reveal the answer in a few days.
50 Book Challenge #8: Another Day in the Frontal Lobe
Posted on May 11, 2008Another Day in the Frontal Lobe: A Brain Surgeon Exposes Life on the Inside by Katrina Firlik. (Amazon, B&N, Powell's) I don't have a lot to say about this one. It was fine. Firlik is a neurosurgeon, and writes about her practice. Her book is a pretty good overview of the types of things neurosurgeons do, complete with a few suitably gory tales...
The Day After
Posted on May 07, 2008Well, it looks like tonight might finally be end of the line for Hillary Clinton's presidential campaign. Yes, yes, I suppose pixie dust could coat the superdelegats and win the nomination for Hillary, but her real problem is the new media line that it's finally over...
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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...








