Why Legal Writing Is "Doctrinal" and More Importantly Profound

It is high time that we end the disparate treatment of legal writing professors and the use of such disparaging labels as "non-doctrinal" for the profound and essential subject matters which they teach. It is also high time that we reject the absurd Langdellian notion that practice taints scholarship.  I discuss these points in more detail here.

Parsing Babble in North Carolina's HB-2 and Calling Out the Need for Immediate Repeal

Read here my parsing of ambiguous bathroom provisions in North Carolina's HB-2 and the immediate need to repeal the flawed statute in light of further imminent threatened boycotts of the state.

Rethinking The Elect

                            The Elect

Take that long-suffering slave:  if she instead

Were master, could descent dissent and shed

Vile arrogance slaves shirk and in its stead

Renounce the life that life inherited?

Take that starved, broken pauper:  if instead

Of life so harsh he often would be dead

He had a fuller purse, was fuller fed

Would he have known to offer paupers bread?

Take that queer soul who's “different”:  if instead

He'd turned out “normal” would he think a dead

Queer's better than a live one, too, and spread

Intolerance majorities have bred?

Is this not Grace?  Spared from such tests as these,

Has God not favored his minorities?

In a time of Trump when I fear many devalue diversity and many more do not see the frequent grace in minority, struggle, and lack of material wealth, I highlight this poem from Charms and Knots.  I also highlight the poem for a time when many no longer appreciate the endless powers of formalist verse.  Apart from the inherent power of sonnet form, twelve same-rhymed lines followed by two fresh rhymes actually participate in the grace and rarity of difference (indexical expression of the point to use Peirce's terminology).

LBJ's Villanelle: Old Chamberlain & Chambers of the Heart (Addition to "The Apology Box")

The Johnson name shall live forevermore

At home and overseas.  Of virile heart,

I shall not risk the loss of any war.

I’ll slay Jim Crow and poverty before

Another president can steel the part--

The Johnson name shall live forevermore.

I shall not ape old Chamberlain though war

Endangers plans at home. I've rhetoric's art--

I shall not risk the loss of any war.

No hypocrite, I've nitroglycerin for

Myself as well and lob it at my heart--

The Johnson name shall live forevermore.

Though pills roll out my mouth, I've countless more
To keep me standing as I ply my art:

"I shall not risk the loss of any war.

No, we shall overcome Jim Crow, the gore,

The jungles, and old chambers of the heart.
The Johnson name shall live.  Forevermore,

I shall not risk the loss of any war."

© Harold Anthony Lloyd 2016

  
The current contents of "The Apology Box" can be found here.

Fourth Circuit Strikes Down Discriminatory Provisions of Gov. Pat McCrory's North Carolina Voter Suppression Law

The Fourth Circuit Court of Appeals has struck down provisions of Gov. Pat McCrory’s “omnibus” election law requiring photo identification in form blacks are less likely to have and requiring changes to early voting, same-day registration, out-of-precinct voting, and preregistration all in ways carefully calculated to adversely affect black voters.  The full text of the opinion merits careful reading and can be found here. The bill’s “almost surgical precision” (the Court’s words) in disenfranchising black voters should shock everyone’s conscience regardless of party affiliation.

Though highlights of the opinion are no substitute for reading the entire opinion, I realize not everyone will have time to read the entire opinion.  I therefore have redacted some of the critical language and insert it below in the order appearing in the opinion.  I have omitted or shortened internal citations and have bolded certain provisions that seemed particularly important to me.  Although this is no substitute for reading the opinion in full, here goes:

Razing Babel: Two Sonnets For Too Xenophobic Times

In these Xenophobic times, we should recognize that Razing Babel was a blessing not a curse.   The punishment of imprisonment within a single, narrow tongue proves much, much worse than the inconvenience of dealing with others who don’t speak our native language.  Here’s why:

Religious Hypocrites and Their Timeless Tactics: McCrory, Tartuffe, and HB 2

Pat McCrory’s HB 2 reminds me of Molière’s Tartuffe. In both cases unwitting victims are fleeced by people pretending to be virtuous. Tartuffe fleeces a wealthy man named Orgon. With HB 2, Pat McCrory fleeces every worker of employment protections including the right to sue in state court for discrimination based on “race, religion, color, national origin, age, sex or handicap.” (Those still doubting that please click here.) In both cases, the same ancient three-part strategy is used against unwitting victims who can admire (at least at first) the very man that fleeces them. Using Molière’s classic tale to explore this ancient strategy not only arms us against the McCrorys of the world. It also reminds us how classics not only entertain but teach and prepare us as well. Please follow me—this won’t take long.  Click here.

My Thoughts in the Washington Post on HB 2

“This is really a devious bill that harms workers under the guise of regulating bathrooms,” said Harold Lloyd, a professor at Wake Forest University School of Law. See the full article here in the Washington Post.  Katie Zezima did an excellent and thorough job with this piece.

McCrory’s House Bill 2: A Brief Outline of Its Five “Parts”

When non-lawyers hear Pat McCrory’s claim that North Carolina’s House Bill 2 is just common sense while at the same time they hear the Department of Justice attacking part of it as illegal, I can understand how easy it is for such non-lawyers just to take the word of the political party they prefer. They probably aren’t sure where to look for the Bill and even if they lack this doubt they understandably might imagine the Bill has much too much legalese for them to tackle.

For remainder of blog, click here.

McCrory's Munchausen by Proxy

Pat McCrory has been dissembling on his Facebook page tonight: