Donald R. McClarey

Ten Years of TAC: Inter Arma Enim Silent Leges

(The American Catholic will observe its tenth anniversary in October.  We will be reposting some classic TAC posts of the past.  This post is from February 4, 2014.  It seems appropriate to run this now, since yesterday the majority of

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Donald R. McClarey

Do You Know Who I Am?

My advice to clients when involved in a traffic stop.  Be polite and professional.  Do not argue with the cop.  Answer questions as briefly as possible.  Concentrate on what the cop is saying.  Keep track of how long the stop

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Donald R. McClarey

Three Cheers for the Lex Talionis

23 And Lamech said unto his wives, Adah and Zillah, Hear my voice; ye wives of Lamech, hearken unto my speech: for I have slain a man to my wounding, and a young man to my hurt.24 If Cain shall

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Donald R. McClarey

Always Exercise Your Right to Remain Silent

I rarely give legal advice on the blog, but the below video is an excellent restatement of one of the key pieces of advice I give to clients in criminal matters:  never talk to the police.  People often have a

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Witchhunt

  Bad enough being sent to prison for a crime you committed.  Imagine being sent to prison for twenty-one years for a crime that you did not commit: The only physical evidence against the Kellers was the testimony of Dr

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No Law

In those days Israel had no king; all the people did whatever seemed right in their own eyes. Judges 21:25     The “secret” meeting between Bill Clinton and Attorney General Loretta Lynch underlines something that most Americans believe:  there

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Laws for Wolves and Men

The twenty-ninth in my ongoing series examining the poetry of Rudyard Kipling. The other posts in the series may be read here, here , here , here, here , here, here, here, here, here, here, here , here, here, here

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Quotes Suitable for Framing: The Ox-bow Incident

    My dear Wife, Mr. Davies will tell you what’s happening here tonight. He’s a good man and has done everything he can for me. I suppose there are some other good men here, too, only they don’t seem

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Massachusetts Abortion Clinic Bubble Zone Law Struck Down

    Today a unanimous Supreme Court, in MCCULLEN ET AL. v. COAKLEY, ATTORNEY GENERAL OF MASSACHUSETTS, struck down the Massachusetts “Bubble Zone” law, keeping pro-life protestors  35 feet away from abortion clinics, as a violation of the First Amendment.  That is

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Inter Arma Enim Silent Leges

In times of war the laws fall silent.  That is from the Latin maxim Inter Arma Enim Silent Leges.  A  study of history reveals just how true that is, and Justice Scalia reminds us of that fact: U.S. Supreme Court

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Demons Have Grievances Too

  In Hell there will be nothing but law and due process will be meticulously observed. Grant Gilmore Dear Satan, It is with great animosity that I file this official complaint regarding my recent assignment to possess a high school

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April 24, 1863: Promulgation of the Lieber Code

Art. 43. Therefore, in a war between the United States and a belligerent which admits of slavery, if a person held in bondage by that belligerent be captured by or come as a fugitive under the protection of the military

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The Fear of God and the Law

The fear of the Lord is the beginning of wisdom: and the knowledge of the holy is prudence. Proverbs 9:10   Traditionally in English criminal indictments this formula was used “not having the fear of God before his eyes, but

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Defense of Self Against Unlawful Attack

apparently, this applying to police is controversial. Who knew? To clarify, I’m talking about the new law in Indiana, not to #OWS punching a cop and being shocked when they get thumped.  Was falling asleep last night and heard Coast

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The Declaration of Independence as Law

Debates sometimes arise as to whether the Declaration of Independence is law. The Declaration isn’t law as a law saying go on green and stop on red is, although it is set forth under the United States Code.  It is

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So You Want to Do Criminal Defense Work

    As long time readers of this blog know I am an attorney, for my sins no doubt.  Although the bulk of my practice is civil, over the years I have defended hundreds of defendants accused of crimes, mostly

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Rumpole of the Bailey

  I have sometimes been known to say, especially after a fairly crazy day in the law mines, yesterday was such a day, that I practice law mainly because of the amusement that it affords me.  As long as courts, judges,

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Notre Dame 88

By Charles E. Rice Fr. Norman Weslin, O.S., at the complaint of Notre Dame, was arrested in May 2009 and charged as a criminal for peacefully entering the Notre Dame campus to offer his prayer of reparation for Notre Dame’s

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Not So Fast…

A Panel of the 9th Circuit has surprisingly issued a wise decision, deciding to allow Proposition 8 to remain in place while the 9th Circuit considers its constitutionality. This was undoubtedly the right decision. It makes no sense to force

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Proposition 8 Struck Down, For The Time Being

By now I’m sure you all know that Proposition 8 was struck down by a federal judge. Who knows what will happen on appeal. There is much to be said, but I want to focus on one narrow and possibly

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American Bar Association Considering to Support Same Sex Marriage

The American Bar Association will be considering supporting same-sex marriage at their next meeting in San Francisco. It urges state, territorial and tribal governments to eliminate laws restricting marriage between same-sex partners. Supporters say the adoption of the measure would

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Elena Kagan Says It Is Fine If The Law Bans Books

SCOTUS nominee Elena Kagan has argued before the Supreme Court that it’s fine if the Law bans books. Her rationale? Because the government won’t really enforce it. I’m no legal scholar but this sounds like a 3rd grade argument. Aren’t

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Sharia Law and the U.S. Constitution

[Update I:  I have streamlined the following post to be easily readable to the average layman, but informative enough for a lawyer or law professor to learn a bit more on the similarities and differences between Sharia and U.S. Law]

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Sharia in Dearborn?

Apparently the police acting to unconstitutionally arrest individuals attempting to hand out proselytizing literature to Muslims in Dearborn is not unusual according to this release from the Thomas More Law Center: In what some have described as police enforcement of Sharia

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Louisiana Close to Passing Pro-Life Measures

One of the many things that makes Louisiana the greatest state in the Union is that due to its high population of Catholics it is the most pro-life state on the issue of abortion. This allows Louisiana to develop and

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Social Contract and Morality

Kyle Cupp has a brief post describing the dehumanizing moral effects of seeing human dignity and rights as springing entirely from a social contract (implied or explicit): This reduction occurs when we understand and act upon our moral obligations to

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A Brief Thought on Immigration

Conservatives are fairly comfortable with the point that if you ban or severely restrict guns, than only the criminals will be armed. Let’s then ask ourselves: If we ban or severely restrict immigration (most especially from a right-next-door country with

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What If A Law Can't Be Enforced?

The discussions here about Arizona’s new attempt at enforcing immigration law have set me thinking about a more general question: What should we do as a body politic in a situation in which a law we have passed seems impossible

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Illegal Aliens Boycott Arizona

The State of Arizona is only enforcing what is already law at the federal level.  That being said and myself being the son of a legal immigrant from the nation of Mexico, the May Day protests and the highly unbalanced

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