‘Calvinball’ has game as legal term of the year, thanks to Justice Jackson

‘Calvinball’ has game as legal term of the year, thanks to Justice Jackson


Legal Writing

‘Calvinball’ has game as legal term of the year, thanks to Justice Jackson

U.S. Supreme Court Justice Ketanji Brown Jackson attends inauguration ceremonies in the Rotunda of the U.S. Capitol on Jan. 20 in Washington, D.C. (Photo by Chip Somodevilla/Getty Images)

“Calvinball” has emerged as the noteworthy legal term of 2025, thanks to U.S. Supreme Court Justice Ketanji Brown Jackson.

Originally derived from the Calvin and Hobbes comic strip, “Calvinball” refers to an activity that follows no set rules and in which people behave in a self-serving manner.

Jackson, however, was not amused when she cited the Oxford English Dictionary definition of Calvinball during her dissent of National Institutes of Health v. American Public Health Association on Aug. 21, according to ClearWriting.com.

A 5-4 ruling allowed the Trump administration to cancel millions in research grant projects for diversity, equity and inclusion.

“This is Calvinball jurisprudence with a twist,” Jackson wrote. “Calvinball has only one rule: There are no fixed rules. We seem to have two: That one, and this administration always wins.”

See also:

Justice Jackson accuses Supreme Court majority of playing Calvinball





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Justice Gorsuch writes children’s book about ‘Heroes of 1776’

Justice Gorsuch writes children’s book about ‘Heroes of 1776’


Law in Popular Culture

Justice Gorsuch writes children’s book about ‘Heroes of 1776’

U.S. Supreme Court Justice Neil Gorsuch is co-authoring a children’s book about heroes of the American Revolution and stories behind the Declaration of Independence. (Image from HarperCollins)

U.S. Supreme Court Justice Neil Gorsuch is co-authoring a children’s book about heroes of the American Revolution and stories behind the Declaration of Independence.

The book will hit the market in May, two months before the 250th anniversary of the Declaration of Independence.

Bloomberg Law, CNN, the Washington Times and Publishers Weekly have coverage.

As Americans celebrate next year, “I just wanted to share with children some stories about the courage and sacrifice of the heroes behind 1776 who gave us our Constitution and our liberties,” Gorsuch told Fox News.

There are many ordinary people who did extraordinary things, Gorsuch said, and the incredible stories of courage and sacrifice can inspire young people.

“We need to know our history in order to preserve it,” Gorsuch told the broadcast network. “One thing my colleagues and I really agree on is the importance of bringing civic education to our children.”

“If you ask me what the greatest danger America faces today, it’s itself. And we have to learn how to talk to one another; we need to know our shared history; and I think if we do that, we’ll come to realize that all the things that separate us pale in comparison to the things that unite us.”

Gorsuch wrote the book, to be published by HarperCollins, with his former law clerk Janie Nitze. The title is “Heroes of 1776: The Story of The Declaration of Independence.”

Gorsuch collaborated with Nitze on two prior books, but this is the first targeted for younger readers, according to Publishers Weekly.

Gorsuch is following in the footsteps of Justice Sonia Sotomayor, who has written five children’s books, Bloomberg Law reports.





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Companies use ‘deceitful tactics’ to market harmful ultra-processed products with ‘addictive nature,’ city’s suit alleges

Companies use ‘deceitful tactics’ to market harmful ultra-processed products with ‘addictive nature,’ city’s suit alleges


Consumer Law

Companies use ‘deceitful tactics’ to market harmful ultra-processed products with ‘addictive nature,’ city’s suit alleges

A lawsuit filed Tuesday by the city of San Francisco alleges that several major food companies used “deceitful tactics it inherited from the Big Tobacco industry” to market harmful ultra-processed foods and to “aggressively sell those products to children.” (Photo from Wikimedia Commons via Flickr.com)

A lawsuit filed Tuesday by the city of San Francisco alleges that several major food companies used “deceitful tactics it inherited from the Big Tobacco industry” to market harmful ultra-processed foods and to “aggressively sell those products to children.”

The suit, filed in San Francisco superior court, alleges that the companies engaged in deceptive and unfair acts that violated California unfair competition law and created a public nuisance, according to a Dec. 2 press release.

Ultra-processed foods make up more than 70% of grocery store products and more than half the diets of people in the United States, the suit said. The “explosion and dramatic increase” in the products “has coincided with a dramatic increase in the incidence of obesity, diabetes, heart disease, cancers and other life-changing chronic illnesses,” according to the suit. “There is a growing and increasingly irrefutable body of evidence tying the rise of UPF to these adverse health effects.”

The suit said the addictive nature of the food “is a feature of UPF, not a bug. UPF manufacturers are tricking us into eating ourselves to death.”

The defendants are the Kraft Heinz Co., Mondelez International Inc., Post Holdings Inc., the Coca-Cola Co., PepsiCo Inc., General Mills Inc., Nestle USA Inc., Kellanova, WK Kellogg Co., Mars Inc. and Conagra Brands.

The suit seeks an injunction preventing further deceptive marketing and requiring “affirmative action to ameliorate the effects of their prior false marketing.” The suit asks for statewide civil penalties and money to abate the public nuisance in San Francisco.

Publications covering the suit include Reuters, the Washington Post, the Associated Press and the New York Times.

San Francisco is represented by San Francisco City Attorney David Chiu, Andrus Anderson, DiCello Levitt, and Morgan & Morgan.

Morgan & Morgan filed a prior suit against ultra-processed food companies on behalf of a Pennsylvania consumer. The judge overseeing the case, U.S. District Judge Mia Perez of the Eastern District of Pennsylvania, tossed the suit in August, with leave to amend.

Perez said the complaint didn’t show how specific foods caused the plaintiff’s Type 2 diabetes and nonalcoholic fatty liver disease, according to earlier coverage by Reuters. An amended complaint has been filed, the New York Times reports.

Jennifer Pomeranz, a public health lawyer and an associate professor at the School of Global Public Health at New York University, told the Washington Post that San Francisco’s suit could have better chances of success.

Private plaintiffs trying to prove harm face more legal hurdles than city or state attorneys suing on behalf of the public, Pomeranz said.

San Francisco’s complaint is “incredibly well researched,” Pomeranz told the Washington Post. “It’s based on the most recent science.”

Sarah Gallo, the senior vice president of product policy for the trade group Consumer Brands Association, issued a statement to several publications that defended the companies.

“There is currently no agreed-upon scientific definition of ultra-processed foods, and attempting to classify foods as unhealthy simply because they are processed or demonizing food by ignoring its full nutrient content misleads consumers and exacerbates health disparities,” Gallo said. “Companies adhere to the rigorous evidence-based safety standards established by the FDA to deliver safe, affordable and convenient products that consumers depend on every day.”





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Lawyer accused of trying to poison her husband

Lawyer accused of trying to poison her husband


Criminal Justice

Lawyer accused of trying to poison her husband

Sara Baker, an Alabama lawyer, was arrested for allegedly trying to poison her husband. (Screenshot from YouTube)

An Alabama attorney has been accused of trying to poison her husband with a substance she believed to be fentanyl.

Sara Baker, 74, of Vinemont, Alabama, is accused of putting the substance in her husband’s food or drink on three separate occasions in September, report the Cullman Tribune, Law & Crime, ABC 33/40, WAFF 48 and WVTM 13.

Baker was arrested Nov. 25 on charges of conspiracy to commit murder, attempted murder, distribution of a controlled substance, second-degree elder abuse, solicitation to commit a controlled substance crime and second-degree domestic violence.

WVTV reports that Baker was caring for her husband, former Auburn University player Doyle Baker, after he had a stroke. They had been married for about 30 years, according to Law & Crime. Doyle Baker, he is identified as James Doyle Baker in the complaint, is listed online as an Auburn Tigers football player in 1975 and 1976.

A witness listed in the criminal complaint is a woman who was indicted in August for trying to destroy evidence by ingesting fentanyl. Baker was the fentanyl defendant’s lawyer in the case, ABC 33/40 reports. It’s unclear if she is the person Baker allegedly solicited to supply the fentanyl.

An email seeking comment sent to Baker’s law offices produced an automatic reply stating she will be out of the office until Dec. 10. A voicemail left with Baker’s assistant at her law office was not immediately returned.





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‘Lawyers Gone Wild’? Filmmaker criticizes bar as he seeks ethics probe of serial killer’s daughter for alleged lie

‘Lawyers Gone Wild’? Filmmaker criticizes bar as he seeks ethics probe of serial killer’s daughter for alleged lie


Ethics

‘Lawyers Gone Wild’? Filmmaker criticizes bar as he seeks ethics probe of serial killer’s daughter for alleged lie

An activist filmmaker seeking an ethics probe into a lawyer he accuses of lying about a lawsuit outcome has filed a complaint in which he takes potshots at the Florida Bar, touts his award-winning work and quotes rapper Eminem. (Image from Shutterstock)

An activist filmmaker seeking an ethics probe into a lawyer he accuses of lying about a lawsuit outcome has filed a complaint in which he takes potshots at the Florida Bar, touts his award-winning work and quotes rapper Eminem.

The filmmaker, William “Billy” Corben, said in a letter to bar officials that he has “no confidence” that they will hold accountable lawyer Monique Pardo Pope, who is running for the Miami Beach City Commission.

Corben is targeting Pardo Pope for a comment that she made to the Miami New Times after he reported that her father was a serial killer who was executed in 2012. Pardo said Corben “has made a career of slinging mud, which has even resulted in losing a defamation case.” The case against media companies for a Corben documentary was actually dismissed, and the defendants were awarded fees, Law.com reports.

The Florida Bar has opened an inquiry into Corben’s allegations, report Florida Politics, the Florida Phoenix, WLRN, the Miami New Times and Law.com. Several publications linked to the bar’s letter seeking a response from Pardo Pope that was also sent to Corben to inform him of the inquiry.

WLRN describes Pardo Pope’s father, Manuel Pardo, as “a pro-Nazi, anti-Black serial killer executed in 2012 for murdering nine people in South Florida.” A fired police officer, he “dealt cocaine and systematically murdered both drug dealers and bystanders alike in the 1980s,” the article says.

Pardo Pope has called her father her “guiding light” and “guardian angel” on social media, Corben said.

“As my reporting rightfully notes,” Corben wrote to the bar, “if Ms. Pardo Pope intends to use her family history as the slightest basis for her candidacy, she should be candid with voters about the sins of her serial killer father and explain how she reconciles that history with her glowing statements about him.”

Corben said in his letter to the bar he previously filed a complaint against another lawyer, and the case ended with a “letter of nonaction.”

“In fact, at some point, perhaps I should produce a documentary about the bar’s ineptitude and unwillingness to apply its rules to members who are in positions of political power. Maybe we’ll title it Lowering the Bar or Lawyers Gone Wild,” he wrote.

Corben’s letter touts his background as “an Emmy, Peabody and Edward R. Murrow Award-winning documentary filmmaker” and said he anticipates that Pardo Pope “will likely attempt to blame me and my reporting for her misconduct.”

Corben challenges the “once-proud Florida Bar,” of which his grandfather was a member, to do the right thing. Quoting Eminem’s 2002 song “Lose Yourself,” he wrote, “You only get one shot, do not miss your chance to blow, this opportunity comes [once in] a lifetime, yo.”

Pardo Pope said on social media she has forgiven her father, and she is not defined by his actions, according to Law.com.

“I am confident that voters will look past the sins of my father and understand that I, too, am a victim in this,” she wrote. “These attacks on me are appalling and show exactly what is wrong with politics today. I was 4 years old. I did not commit a crime. I have carried this burden my entire life, and I will not be shamed or intimidated now.”

Pardo Pope did not immediately respond to an ABA Journal email and a voicemail seeking comment.





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Are you thinking about retirement? Now what?

Are you thinking about retirement? Now what?



Retirement is a significant life event that often inspires a mixture of fear, excitement and uncertainty. The ABA Senior Lawyers Division recently aired Stephen Herman’s documentary, Retirement on Trial: A Documentary and Panel Discussion for Lawyers Thinking About Their Next Stage, which examines retirement through the lens of lawyers who are both apprehensive and optimistic about this transition.

As someone who has spent 30 years working with retirement plans and counseling their participants, I was intrigued by the insights shared from interviews with lawyers on opposing sides—those who dread the very idea of retirement versus those who embrace its possibilities. The ABA Journal also published an article discussing one individual’s journey into retirement, offering additional perspectives on the transition.

Crafting your retirement path

There is no single answer to the question, “What should I do when I retire?” Retirement offers a chance to reinvent your life and pursue new passions, allowing you to redefine your lifestyle. While I’m not an attorney, given my all-consuming and rewarding working lifestyle, I am also contemplating redefining my life for retirement, so that I can enjoy my time before my “best before date.”

Planning for retirement involves several important considerations: deciding when to retire, determining whether to work part time or act as a mentor to those interested in practicing law or students looking for a role model, identifying activities that will provide fulfillment, and choosing with whom to spend your time. If you find these questions challenging, now is the time to begin planning. Fear should not be the primary obstacle that holds you back from moving forward.

Developing a retirement plan—or “retirement manifesto”—can provide valuable direction. With a clean slate and 168 hours each week of newfound freedom, you can create a joyful life in retirement, which requires effort and intentionality, similar to your legal training at the beginning of your career.

There are many available resources to help you to design your retirement future, such as I Could Do Anything If Only I Knew What It Was: How to Discover What You Really Want and How to Get It and Purposeful Retirement: How to Bring Happiness and Meaning to Your Retirement. Envisioning my own retirement is at its infancy, so if you are also just beginning, know that you are not alone. Planning for retirement has been a widely discussed topic for many years, yet no resource has given me “the” answer; but while the sources noted may seem dated, their advice remains timeless.

Your planning should also contemplate less structured activities and considerations—your relationships. Maintaining and cultivating relationships can increase longevity6 and lower the risk of depression while also fostering a sense of belonging. The transition from employment to retirement, lack of sufficient skills, and absence of a retirement plan are major barriers to success. Bottom line: Relationships during this stage of your life matter.

You may believe that you cannot plan your retirement until you know the exact amount of money that you will have available. If you plan to travel the world every year or carry out ambitious undertakings, this argument is valid, but most people adjust their activities to match their available cashflow. In fact, many people are afraid of spending their nest egg for fear of outliving their savings. Your objective should be to coordinate your retirement plans and finances.

Your retirement income and expenses

One common concern when planning for retirement: How much income will I have to spend every year?

The book The Number: What Do You Need for the Rest of Your Life and What Will It Cost? provides a framework not only for calculating the amount available to fund each year of retirement but also other lifestyle considerations. It lays out the following formula:

   • Total invested assets multiplied by 0.04 (the estimated income you can withdraw annually from your investments)
   • Home equity divided by the number of years you expect to live
   • Income from inheritance divided by the number of years you expect to live
   • Annual Social Security benefits
   • Expected annual pension benefits
   • Any other income from part-time work or other sources

The sum of these amounts provides an estimate of how much you’ll have available to spend—an annual spending allowance.

Confidence in your financial planning comes from understanding both your needs (shelter, food, health care) and wants (travel, dining out, entertainment) and comparing these to your spending allowance. If expenses exceed your allowance, revisit your assumptions to find opportunities to reduce costs. These calculations serve as general guidance to help you better understand your retirement savings and spending needs.

Retirees typically spend more during the early years of retirement when they are most active. Planning retirement activities and estimating the amount you’ll spend in different age ranges can help ensure effective financial management. Financial advisers can assist in developing your savings and spending plans, and numerous online retirement calculators are available for those who prefer to plan independently.

If you are curious about estimating your “big” number (translating your annual spending budget to a lump sum), you can apply the “4% rule”: Divide your estimated annual expenses by 0.045. According to recent Bureau of Labor Statistics data, the average annual retirement household expenditure is $60,087. If that’s the amount you anticipate spending, you would need about $1.5 million at retirement. For the average person, two-thirds of this balance would come from savings with the rest from social security. If your household expenses are higher or lower than the average annual expenditure, adjust accordingly to arrive at the lump sum you’ll need.

The final word

I’ve found that people begin to seriously consider retirement after age 50, often focusing on financial aspects while neglecting how they will spend their time. Retirement represents both a financial and personal milestone.

Taking time to reflect on your goals and aspirations can ease your transition, transforming uncertainty into opportunity and allowing you to engineer a fulfilling retirement. Both financial and personal considerations are needed for a successful transition.

Create a new rhythm for your days, and embrace the freedom retirement offers—remember, “doing nothing” is a choice.

The ABA Retirement Funds Program

Financial security is a critical component for a successful retirement. If your firm doesn’t already have a 401(k) plan or is looking for a new service provider for its existing plan, the ABA Retirement Funds Program offers a full-service solution.

The program works with law firms of all sizes—even solos—and offers a range of services like those offered in plans at the biggest law firms and corporations. The program has been helping legal professionals save for retirement for over 60 years and is committed to providing the tools necessary to help all legal professionals and their staff pursue their ideal next chapter.


This column reflects the opinions of the author and not necessarily the views of the ABA Journal—or the American Bar Association.





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