Legal Theory Lexicon: Formalism and Instrumentalism

[Legal scholar Rebecca Ingber offers some strong arguments against deference in this context.] A prison guard transfers Alien Enemies Act deportees from the U.S., alleged to be Venezuelan gang members, to the Terrorism Confinement Center in Tecoluca, El Salvador. Mar. 16, 2025 (El Salvador Presidential Press Office)  President Trump has been trying use the Alien Enemies Act of 1798 as a tool for mass deportation. The AEA allows detention and deportation of foreign citizens of relevant states (including legal immigrants, as well as illegal ones) "[w]henever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government." Multiple federal courts have ruled against Trump on the grounds that his invocation of the AEA is illegal because there is no declared war, and the activities…

Ward Law Office LLC | Registered Patent Attorneys is pleased to announce that Fernando Alberdi, Ph.D. has joined the firm as a Managing Attorney.“We are thrilled to welcome Dr. Alberdi to Ward Law Office LLC as a Managing Attorney,” said Jake Ward, Founding Member. “His exceptional expertise in life sciences intellectual property and proven track record counseling both public and private sector clients will be invaluable as we expand our intellectual property practice. Fernando’s unique combination of scientific and legal acumen positions us perfectly to serve the growing needs of our clients in the biotechnology and pharmaceutical sectors.” Dr. Alberdi focuses his practice on patent preparation and prosecution in life science, chemical, biopharmaceutical and biotechnological arts. He counsels public and private companies as well as non-profit institutions including hospitals, research institutions and universities on the full spectrum of…

[While there is no constitutional right to receive grants, the Constitution does bar grant conditions that undermine constitutional rights.] (Photo 181642336 © Zimmytws | Dreamstime.com)The Trump Administration has been trying to leverage federal grants in ways that force various people and organizations to give up their constitutional rights or submit to constraints that go beyond the constitutional authority of the federal government. A standard response to criticisms of such policies that people have no right to these grants in the first place. Receiving federal grants and other government benefits, it is said, is a "privilege, not a right." Thus, the federal government can impose whatever conditions it wants on recipients. In an excellent recent Washington Post article, University of Pennsylvania law Prof. Mitchell Berman has a great explanation of why such reasoning is badly wrong: Universities refuse to fully dismantle their DEI programs? The Trump…

Being accused of a sex crime is a life-altering event. In New Jersey, these charges carry serious legal penalties and lasting social consequences. Whether the allegation stems from a misunderstanding, mistaken identity, or false accusation, your next steps are critical to your future. Here’s a practical guide on what to do if you’re facing a sex crime allegation in New Jersey. 1. Do Not Attempt to Explain Yourself to Police One of the biggest mistakes people make after being accused of a sex offense is trying to “clear things up” with law enforcement. You might believe that if you just explain your side of the story, everything will work out. Unfortunately, anything you say can and will be used against you. Even innocent-sounding statements may be misinterpreted or taken out of context later. Instead, politely invoke your right to remain silent and state that you will not speak without an attorney present. 2. Do Not Contact the Alleged Victim Even if you…

In Olsen v. State of Iowa, (IA Dist. Ct., May 22, 2025), an Iowa state trial court allowed plaintiff, a member of the Ethiopian Zion Coptic Church, to move ahead with his suit seeking an injunction to bar enforcement of Iowa's controlled-substance laws against his religious use of cannabis.  The suit contends that his religious use of marijuana is protected by Iowa's Religious Freedom Restoration Act enacted last year. That Act contains its own definition of "compelling governmental interest." Even though in federal court litigation in 2008 plaintiff lost his claim that the federal Religious Freedom Restoration Act exempts his religious use of marijuana from federal and state controlled-substance laws, the Iowa state court rejected the state's argument that this suit should be dismissed on collateral estoppel grounds, saying in part:The issue raised in this litigation is the same as the Petitioner’s prior actions as cited in the…

Accidents can happen anywhere, especially with young children who are naturally curious and active. At daycare, a scrape from a fall or a small bump from playtime might be expected. But what if your child’s injury goes beyond the occasional tumble? What if you suspect the injury was caused by negligence? Navigating this situation can be overwhelming for any parent, but knowing what steps to take is key to ensuring your child’s safety and well-being. At Saavedra Law Firm, we have been handling situations like this for years, and are ready to guide you. Here are the essential steps you can take if your child is injured at daycare: Get medical attention immediately.   Document the incident and injury.   Contact the daycare center’s management and preserve evidence.   Understand what constitutes daycare negligence.   Explore legal options for recovering losses or damages.   Below, we’ll walk you through each…

A tragic pedestrian-truck collision fatality occurred early Friday morning on eastbound Highway 37 in Vallejo, claiming the life of a 37-year-old Sacramento woman. The incident is a stark reminder of the dangers pedestrians face on California’s busy highways and the importance of understanding legal rights following such devastating accidents. Details of the Highway 37 Fatal Accident According to the California Highway Patrol (CHP), the fatal collision occurred at approximately 3:18 a.m. on May 23, 2025, east of the Sacramento Street overcrossing on eastbound Highway 37. Officers initially responded to reports of a pedestrian walking in the highway’s eastbound lane. However, while emergency responders were en route, they received notification that a 2017 Peterbilt tractor-trailer combination had already struck the pedestrian. The woman sustained fatal injuries and was pronounced dead at the scene. The truck driver, a 54-year-old man from San Pablo, was not injured…

Last month, the California Lawyers Association Nonprofit Organizations Committee hosted Audrey Rowe from the State of California Franchise Tax Board (FTB) to discuss updates to the FTB’s system and processes affecting tax-exempt organizations. This post captures some of the highlights. Beginning in 2024 the FTB began a major systems update to myFTB, a website that gives individuals, business representatives, and tax professionals online access to tax account information and online services. These updates have affected both the internal and external processes, including: In October 2024, a pilot program was rolled out to certain users to test functionality and features.  The FTB anticipates these online services will be ready to be rolled out to all users by January 2026. Ms. Rowe acknowledged that FTB staff is still learning the system. The FTB encourages users of the site to send feedback so it can incorporate user experiences and…

The plaintiff in this case is Nikko D’Ambrosio. He recently served time in prison for tax issues. Separately, he brought a lawsuit over the “Are We Dating the Same Guy?” Facebook group, run by Spill the Tea, “where women can empower each other and keep each other safe from toxic men.” (You can see the group here, but it appears that the group moderation has broken down, so recent posts are garbage). Abbigail Rajala made the following post about D’Ambrosio to the Chicago subboard, with 100k+ members: We met organically in Chicago two and a half months ago. Very clingy and very fast. Flaunted money very awkwardly and kept talking about how I don’t want to see his bad side, especially when he was on business calls. He came to see me yesterday and I explained how I didn’t really want to stay the night. I just wanted to spend the day together, and this was his response… [followed by screenshots with unkind remarks…

The Guide to Molds and Tooling in International Manufacturing A manufacturer our law firm recently represented paid $200,000 to retrieve molds they had purchased for just $80,000 eight months earlier. The reason? A lack of a formal tooling agreement. These disputes aren’t rare—in fact, they’re becoming increasingly common. With tariffs now exceeding 50% on many imported goods and tooling conflicts on the rise, owning your molds and tooling isn’t a luxury—it’s a necessity. While many companies emphasize pricing, lead times, and quality control, they often overlook one of the most critical risks in manufacturing: tooling ownership. Without clear ownership, you expose your business to hidden costs, inflated tariffs, production delays, and the very real possibility of being held hostage by your own supplier. This guide will walk you through everything you need to know about molds, tooling, and the contracts that protect them—along with…

Five years ago today, George Floyd died. Contrary to many who knew little about issues of police racism, abuse and violence, and criminal law reform, this one death gave rise to a movement that seized the nation as if there were no serious, meaningful, intelligent efforts to make change. Instead, the mantra of Black Lives Matter appeared ubiquitous and progressives in government began reinventing our socio-economic-legal processes around the “marginalized” at the willing expense of the “privileged.” Before George Floyd was a household name, I spent a good deal of time discussing how the system could be changed to simultaneously reform what was wrong and bad, without causing unnecessary harm to the majority of America that sought to enjoy the blessings of liberty without suffering the ravages of a new world order that left them and their progeny out and put them at risk. It cost me some dear friends, from Radley Balko who drank the woke Kool-Aid to…

While waiting for the much delayed fourth edition of the Reference Manual on Scientific Evidence, you may want to take a look at a recent law review issue on expert witnesses issues. Back in November 2024, the Columbia Science & Technology Law Review held its symposium at the Columbia Law Review on “Judging Science.” The symposium explored current judicial practice for, and treatment of, scientific expert witness testimony in the United States. Because the symposium took place at Columbia, we can expect any number of antic proposals for reform, as well. Among the commentators on the presentations were Hon. Jed S. Rakoff, Judge on the Southern District of New York,[1] and the notorious Provost David Madigan, from Northeastern University.[2] The current issue (vol. 26, no.2) of the Columbia Science and Technology Law Review, released on May 23, 2025, contains papers originally presented at the symposium: Edith Beerdsen, “Unsticking Litigation Science.”…

Human Rights Watch (HRW) on Thursday urged the US to offer to return and hear the asylum claims of approximately 200 third-country nationals, including children, who were expelled to Costa Rica in February without due process. The rights group also urged Costa Rica to refuse future transfers. According to a detailed report, US immigration authorities flew these individuals, primarily from Colombia, Venezuela, Peru, and other Latin American countries, to Costa Rica after they sought asylum at the US-Mexico border. Many had travelled through the Darien Gap and presented themselves to US Border Patrol agents near San Diego, California. The rights group alleged that US officials processed these asylum seekers under an opaque legal mechanism, providing no clear explanation of the process and denying them access to legal representation. The expulsions, HRW said, were carried out under a little-known agreement with Costa Rica that has not been made public and appears to lack key…

A tragic pedestrian fatality occurred on US Highway 101 near Healdsburg on Thursday afternoon, highlighting the ongoing dangers faced by pedestrians on California’s busy highways. The incident has prompted questions about pedestrian safety and the circumstances that lead people to walk on major roadways. Details of the Highway 101 Collision The California Highway Patrol Santa Rosa Area office reported that a pedestrian was fatally struck by a pickup truck on southbound Highway 101, just south of Westside Road in Healdsburg. The collision occurred at approximately 2:33 p.m. on Thursday. According to preliminary investigation findings from CHP, the pedestrian was initially walking southbound on the highway’s right shoulder. However, the situation turned deadly when the man turned left and walked directly into the lane of traffic, where he was struck by a Ford F-150 pickup truck. The pedestrian was pronounced deceased at the scene. According to CHP officials, the…

Series: Governing the Quantum Revolution Revitalizing Corporate Governance for the Quantum Age by Michael Siebecker Series: Global Security Seminar Q&A with Katherine Keneally: The Future of Terrorism Detection and Analysis Conversation with Katherine Keneally and Julia Ebner hosted by the University of Oxford Authoritarianism When the Free Press Falters: What America Can Learn from Russia’s Descent by Roman Badanin and Tatyana Margolin Tracker: Legal Challenges to Trump Administration Actions (Updated) Litigation Tracker: Legal Challenges to Trump Administration Actions by Just Security Trump Executive Actions / Analysis & Perspectives How Trump’s Law Firm Settlements Circumvent Congress and Violate Federal Spending Laws by Scott Levy United States / Deportation Another Abrego Garcia, and the Administration’s “Contrivance” to Keep Him in El Salvador’s Prison by Ryan Goodman Judicial Deference and Presidential Power Under the Alien…

[Like that in the similar case filed by Liberty Justice Center and myself, this one indicated judicial skepticism of Trump's claims to virtually unlimited power to impose tarifs.] (NA)On May 21, The US Court of International Trade (CIT) held oral arguments in Oregon v. Trump, a case challenging Trump's massive IEEPA tariffs filed by twelve states led by the state of Oregon. The Oregon case is similar to that filed by the Liberty Justice Center and myself on behalf of five US businesses harmed by the tariffs, though there are some distinctions (see here for a more detailed discussion). I won't try to go over the entire two hour argument here. Interested readers can listen to the audio available at the CIT website. And, as always, it is difficult to predict judicial decisions based purely on oral arguments. But I will say that, as in the argument in our case on May 13, the judges seemed highly skeptical of the government's claim that the International…

UN Special Rapporteur Margaret Satterthwaite on Friday stated that Guatemala’s legal system is at a turning point, stressing that the country’s democratic future depends on whether upcoming judicial appointments are handled with transparency and whether criminal law is applied fairly and without political interference. Satterthwaite raised alarm over what she described as a “disturbing pattern” in which judges, prosecutors, defense attorneys, and journalists have been systematically targeted for their roles in investigating corruption and defending the rule of law. Her full end-of-mission statement documented how many former officials have been subjected to spurious legal proceedings, arbitrary detention, and smear campaigns aimed at discrediting their work and silencing dissent. The report underscored that these actions are not isolated incidents but part of an orchestrated effort to undermine Guatemala’s justice institutions. President Bernardo…

Ambulance Bill After Car Crash Right after a collision, most people think first about their injuries and their car. Yet, before long, another concern lands in the mailbox—a large Ambulance Bill After Car Crash. The ambulance company must be paid for the ride, the paramedics’ care, and the supplies they used to keep you stable. Because they are not part of your auto insurer’s network, they often bill you directly. The charge can feel shocking, especially when you thought insurance would take care of everything. It is normal to feel stressed when you see that number, but you do have options. Will Auto Insurance Cover the Entire Ambulance Bill After Car Crash? Most California auto policies include bodily injury liability for harm you cause to others, not for your own ambulance costs. Your personal injury protection, called “Med-Pay,” may help, but only if you bought it. Even then, Med-Pay limits can be as low as $1,000 and may not cover the…