What Relationships Should the Law Recognize? (Reality T.V. meets legal reality)

As much as we collectively love to hate reality television, reality T.V. seems to identify hot issues and take our cultural pulse. The Real World tackled race, sexual orientation, health issues, and September 11. Hoarders on A&E attempts to tackle a mental illness that was not discussed in America, let alone pop culture.… Read More

Affirmed with Poetry (Quotes)

This case comes out of Michigan where someone’s oak tree was damaged by an errant car.  Unfortunately the Plaintiff lost for a few different procedural reasons.  The judge lamented with this opinion: A suit to compensate a tree. A suit whose claim in tort is prest Upon a mangled tree’s behest; A tree whose battered trunk was prest Against a Chevy’s crumpled crest; A tree that faces each new day With bark and limb in disarray; A tree that may forever bear A lasting need for tender care.… Read More

Goodbye 4th Amendment (Oh we can just subpoena that instead of getting a warrant…)

Normally law enforcement conducts its investigations through warrants, which are needed to conduct searches or seizures.  Warrants require probable cause–which is specific facts that make it reasonable to believe that a specific person is involved in a specific crime.  Warrant-less searches (with exceptions that take up an entire semester of constitutional criminal procedure) are inadmissible.… Read More

The Tax Ramifications of Divorce (What the heck is front-load recapturing?)

It seems like there are tax ramifications to practically everything.  It is very rare to find a transaction where the Federal government leaves you alone—and says something is neither a gain nor a loss.  That said, in some areas the IRS is somewhat charitable to divorcing spouses and in others they are the heartless brutes that you would expect them to be.… Read More

I don’t remember if I want a divorce or not (Dementia and dissolution)

The baby boomer population is starting to hit that golden age at which dementia is an increasing concern.  One in eight Americans over 65 has Alzheimer’s or another form of dementia.  Yes, it’s a good idea to have an advanced health directive and a durable power of attorney—but those are really separate issues. … Read More