Politics & The Law

November 21, 2006.

To the Honorable Members of the Rules of Professional Conduct Committee of the Louisiana State Bar Association:

I am a partner in the firm of Herman Herman Katz & Cotlar, LLP, located in New Orleans, Louisiana, and in the national firm of Herman Mathis Casey Kitchens & Gerel, LLP, with central offices in Atlanta, Georgia. I handle litigation for both plaintiffs and defendants in commercial, personal injury, complex and other cases. I am the author of America and...

The Constitution is not a piece of super-legislation to be amended by factions, or even majorities, who, from time to time, don’t get what they want. Nor is it some type of referendum on moral or social or religious institutions or beliefs. It is a sacred legal document which defines the relationship between the Government and its sub-parts, and the Individual. It stands for broad enduring principles, not ad hoc pronouncements or proscriptions.

Free Speech. Due Process. Equal Protection...

Why “Windfall Taxes” Are a Bad Idea:

1. It’s subjective. What is a “windfall”? How much is “too much”? Who decides? Politicians? Voters? The courts? If someone makes “too little” for the work they’ve done, is the Government going to give money back to them?

2. It’s retroactive. If you are going to subject someone to a tax, you should be told about it up front. Otherwise, it’s nothing more than a taking.

3. It’s un-American. The whole idea behind a Free Market, Capitalistic system, is that ...

May 16, 2006.

What’s up with Ray Nagin?

I like Nagin. I think, under ordinary circumstances, it’s good to have a mayor like that, to inject some new blood, and bring in some business sense and efficiency. But when you have an emergency, like Katrina, and the situation we have now, you really need to have a politician, who can talk the talk, and walk the walk, with a reservoir of contacts and supporters and favors that you can call in and count on to get things running.

What did you think...

Growing up, I always thought it was ridiculous when people sometimes got offended when someone wished them a Merry Christmas. I mean, someone is trying to be nice, and you’re offended? Don't you know it’s the thought that counts?

Yet, I never imagined that anyone would possibly be offended by Happy Holidays.

It would be all too easy to point out that most of these anti-“War on Christmas” Crusaders don’t really have any intention of putting the “Christ” back into Christmas. Feeding the hu...

The Bush Administration and others use the terms “strict construction” and “judicial restraint” together as if they were synonymous with conservative or Republican political beliefs. In fact, they are not even synonymous with one another.

There are several forms of “judicial activism” or “restraint”.

First, a judge can demonstrate “activism” or “restraint” in the way that decisions are crafted. In the case where a court, such as the U.S. Supreme Court, decides which cases it will accept: ...

The Democrats, once again, have blundered the situation by overplaying their hand and taking things too far. You had the solitary Mrs. Sheehan against the weight of the Second Triumvirate of American Politics supported by the Rove Machine. The underdog. One voice. Then the Howard Deans and the Michael Moores and the Moveon.orgs move in, and set up camp, and Joan Baez is singing, and the Sean Hannitys and the Rush Limbaughs and the Bill O’Reillys of the world now have their fodder.

And ye...

1. If the Democrats say a bill is X, and the Republicans say a bill is Y, and the media simply presents those two sides of the story, how will the average person know whether the bill is really X, Y, or Z?

2. Why do you let people like Rush Limbuagh and Bill O'Reilly publish books with no footnotes, endnotes, or other citations of authority for the "facts" which they advance to support their opinions?

3. Do we really need a re-make of The Bad News Bears?

4. Has there ever been an...

I used to like Bill O'Reilly. I thought he was, although a little right-of-center, pretty much a straight shooter, who called things as he saw them. But then he seemed to always be talking about the "secularist agenda". Now, I don't know exactly what the "secularist agenda" is, but, whatever it is, I'm thinking it's probably preferable to any "religious agenda" that might be floating around out there.

The Founding Fathers, it seems to me, had a secularist ag...

Most people view the "need" for tort reform in monetary terms. Law and economics. Risk/benefit analyses.

But what I find interesting about tort reform is that, in my opinion, it has very little to do with money.

There are, of course, some extremes. The insurance industry, for example, which profits both from scaring its customers into paying more premiums, and from convincing legislators or judges and jurors to limit its responsibility for providing relief. Or with extremely d...