Brilliant Arguments



Judge Posner Blasts Banana Lady

I'm a big fan of using images in briefs and opinions when that is appropriate, and it's hard to think of a more appropriate case than one involving a lady in a banana suit. The specific case I'm thinking of…




Portland Pimp Has a Point (But Suit Is Still Stupid)

Everyone seems to have rushed to judgment in the case of Sirgiorgio Clardy, the pimp sentenced to 100 years in jail for, among other things, stomping someone's face while wearing Air Jordans, and who has now sued Nike for allegedly failing…


Okay, I Thought People Were Using “Affluenza” as a Joke

That is, like "the Twinkie Defense"—a label people were using, not something specifically argued. But "affluenza" does seem to have come out of the mouth of a person who was being serious at the time. Specifically, an expert witness who…



The Rogers Doctrine

This was Stephen Colbert's take on the hearing where Rep. Mike Rogers insisted that your privacy isn't violated if you never find out about it (see "If They Violate Your Privacy in the Woods, Do You Make a Sound?" (Oct. 30,…