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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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2008 Weekly local football review

Posted on December 08, 2008
(AP Photo/Morry Gash; previous weekly reviews are here) Texans 24 Packers 21 Could the Texans actually be turning into a reasonably dangerous team so long as they hang on to the ball? Despite four turnovers, the Texans (6-7) rallied...


What is this blithering 90-degree rule?

Posted on December 07, 2008
When it comes to playing golf, I'm decidedly old school. Weather permitting, I prefer to walk while playing, which puts me in a decided minority among American golfers, most of whom prefer to ride in a motorized cart. Golfweek's British...


Frost/Nixon looks interesting

Posted on December 06, 2008


But what about that case in which the threat worked?

Posted on December 05, 2008
This Wall Street Journal editorial from earlier in the week rightly notes that the "Department of Justice finally got something right" by electing not to appeal the Second Circuit's decision earlier this year upholding U.S. District Judge Lewis Kaplan's dismissal...


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Reflections on Mumbai

Posted on December 04, 2008
Jonathan Ehrlich is a Vancouver businessman who was in one of the hotels that was attacked last week in Mumbai. Take a few minutes to listen to his harrowing story and to read the email (under the fold below) that...


"That's just not us"

Posted on December 03, 2008
While General Motors is making its case in Congress for a $12 billion bailout, it's trying to cut corners in other areas, such as its endorsement deal with Tiger Woods that paid Woods $7 million annually over the past...


Checking in on the NBA

Posted on December 02, 2008
Did you realize that 20% of the 2008-09 NBA season is already completed? Most of the local mainstream media is locked into the Rockets narrative -- i.e., "Tracy McGrady is a superstar and the Rockets can't win in the...


2008 Weekly local football review

Posted on December 01, 2008
(AP Photo/Harry Cabluck; previous weekly reviews are here) Texas Longhorns 49 Texas Aggies 9 As predicted in the previous weekly review, the Longhorns (11-1/7-1 Big 12) hammered the Aggies (4-8/2-6 Big 12), but still ended up behind Oklahoma (11-1/7-1...


Deep Impact Video

Posted on November 30, 2008
Check out NASA's Deep Impact spacecraft's video of the Moon transiting the Earth from 31 million miles away!...


100 Movie Spoilers in 5 Minutes

Posted on November 29, 2008


Thoughts on the attacks in Mumbai

Posted on November 28, 2008
Remember -- overcoming fascists of all stripes takes a fighting spirit....


Turkey lessons

Posted on November 27, 2008
One of the most popular videos that I posted on this blog last year was the one of New York butcher Ray Venezia giving instructions on how to carve a turkey. All you fellow turkey carvers will find it...


Problems, problems everywhere

Posted on November 26, 2008
Even in Santa Monica....


He should know

Posted on November 25, 2008
You just never know what those former Enron Task Force prosecutors are going to say. Last week, one of them was incongruously advocating limitation of corporate criminal liability. This week, David Westheimer points out that former Task Force prosecutor...


2008 Weekly local football review

Posted on November 24, 2008
(AP Photo/Tony Dejak; previous weekly reviews are here) Texans 16 Browns 6 A win is a win, right? Well, maybe. But the reality is that the Texans (4-7) finally found a team in the Browns (4-7) that is more...


Didn't you always want to say this . . .

Posted on November 23, 2008
to Matthew McConaughey?...


Do as I say, not as I do

Posted on November 22, 2008
Andrew Weissmann is a rather odd advocate (see here and here) for limiting corporate criminal liability, don't you think? Let's take a look back on Weissmann's business prosecution scorecard. A unanimous U.S. Supreme Court overturned Weissmann's dubious prosecution of Arthur...


A typical budget meeting these days

Posted on November 21, 2008


Talking football in Texas

Posted on November 20, 2008
Football is an integral part of Texas culture. So, when a big game is around the corner, it seems as if everyone around here is talking about it. And some of the talk can get pretty entertaining. The big...


Progress on the bailout front?

Posted on November 19, 2008
So, less than two months after this previous post noted that chapter 11 reorganizations with possible government financing of reorganization plans were the best tools to shake out the current financial crisis, even the NY Times (here and here)...


Thinking about markets

Posted on November 18, 2008
Now that folks have had at least a bit of time to reflect on the financial crisis on Wall Street, some good historical perspectives are starting to pop up, such as this Niall Ferguson Vanity Fair piece (previous posts...


2008 Weekly local football review

Posted on November 17, 2008
(AP Photo/Michael Conroy; previous weekly reviews are here) Colts 33 Texans 27 Texans (3-7) backup QB Sage Rosenfels (13-18/192 yds/0 TD/1 INT) had another "Sage moment" (i.e., "what the hell was that?") when he threw his only interception of...


PGA Tour by the numbers

Posted on November 16, 2008
PGA Tour.com's Kin Lo posts this first-rate statistical breakdown for the 2008 PGA Tour season (H/T Geoff Shackelford). Although the entire statistical analysis is interesting (scroll down the intro page to the hyperlinks at the bottom), the following chart provides...


The Obama choices

Posted on November 15, 2008
Jan Greenburg sizes up the most likely chances that Obama will have to nominate justices to the U.S. Supreme Court. The bottom line -- despite the advanced age of several of the justices, perhaps not as many as one would...


Ghosts of Enron

Posted on November 14, 2008
Ken Lay was prosecuted to death for promoting Enron even though he had a reasonable basis for believing that what he was saying about his company was true. Fast forward a couple of years. Yesterday,  the W$J reported that...


Can you spare $350 million?

Posted on November 13, 2008
And you think the Texans' season is going badly? Get a load of what Dallas Cowboys owner Jerry Jones is facing, and I'm not talking about whether to fire head coach Wade Phillips (H/T Brad Humphreys): Industry watches as...


Watch out for the Bears

Posted on November 12, 2008
As noted here earlier, years of mediocre football at Texas A&M has mellowed the formerly hard-knuckled 12th Man a bit. This week, A&M football team is a decided underdog to the fearsome the Baylor Bears (H/T Jay Christensen): Meanwhile, watch...


How do you change a bad system?

Posted on November 11, 2008
So, now that the Democrats have swept in a slate of judges to replace many longstanding GOP state district judges in Houston, the Chronicle runs an article about how some Republicans are calling for an alternative system for appointing...


2008 Weekly local football review

Posted on November 10, 2008
(AP Photo/David Einsel; previous weekly reviews are here) Ravens 41 Texans 13 Oh my. It's going to be a long week for Houston sports talk show hosts in this week. The Ravens (6-3) manhandled the Texans (3-6) in the...


Checking up on Krispy Kreme

Posted on November 09, 2008
The folks over at WallStrip update us on the mercurial Krispy Kreme....


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