Thursday, April 1, 2010


It's one thing to have a right.  It's another thing to exercise it. 

So even if a law professor claims you have the right to impugn judicial integrity in court proceedings -- as Professor Margaret Tarkington (right) does in the Boston College Law Review -- you should consider whether doing so is likely to advance your client's objectives.  Questioning a trial judge's integrity is unlikely to persuade an appellate court.

"Is" does not imply "ought."