(Orin Kerr) Ian Millhiser speculates about future Democratic Supreme Court nominees over at ThinkProgress, naming names. Some of the names Ian mentions strike me as very very plausible; others strike me as very very implausible. But I’m not privy to the thinking of either current or future Democratic administrations, so who knows.
A decision last week in the murder case of Hrant Dink will lead to a retrial, but Dink's supporters are still not satisfied. The ruling on May 15 by Turkey's Supreme Court of Appeals in Ankara acknowledged that there was a criminal conspiracy to murder the ethnic Armenian journalist,...
Rayner NJLRA executive director Marcus Rayner testified before the state’s highest court on Tuesday, May 21st. Rayner asked the justices to consider amending the state’s Rules of Evidence to ensure that evidence permitted in New Jersey courtrooms are of comparable caliber to evidence permitted at trial in other jurisdictions. Show More Summary
TSO tells us that the Senate passed the 2013 version of the Stolen Valor Act, less than a year after the original was struck down by the US Supreme Court as a violation of the First Amendment guarantees to free speech. There are no links yet, so i guess we’ll have to go on his [...]
Litigation costs are high - for everyone. Read about NJ Supreme Court Chief Justice Stuart Rabner's effort to overhaul New Jersey's civil and criminal justice systems, recently outlined at a State Bar Association event: Rizzo/The Star-Ledger.
This past Friday, the United State Supreme Court granted cert. in the case of Lawson v. FMR LLC. The case concerns whether the Sarbanes-Oxley Act (SOX), which protects employees of publicly traded companies from retaliation for reporting financial improprieties, also...
For such a hotly-debated topic, the law regarding bans and burdens on abortion hasn’t changed much. Any ban or undue burden on pre-viability abortions is unconstitutional per the Supreme Court’s holdings in Roe, Casey, and Gonzales. Since 1973, the bright line rule that a woman’s right to privacy trumps the......
Take this great personality quiz, by Professor Kyle Graham of Noncuratlex.com, and find out.
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This week I wrote about the need for reform of the Copyright Board of Canada. Copyright collective management is addressed in two chapters of The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of CanadianShow More Summary
It seems I’m Justice Stephen Breyer. [humor, Kyle Graham] Tweet Tags: humor, Supreme Court Personality Quiz: Which Supreme Court Justice Are You? is a post from Overlawyered - Chronicling the high cost of our legal system
(Eugene Volokh) From today’s Ferguson v. Secretary (11th Cir. May 21, 2013) (thanks to How Appealing for the pointer). Here’s a longer excerpt: The Supreme Court has decided that a convicted murderer cannot be executed unless he has a rational understanding of the fact that he is going to be put to death and of the reason [...]
For the first time in thirty years, and despite recent opportunities to do so, the Supreme Court will address one of the touchiest of all subjects: prayer in public meetings. Greece, New York begins its town meetings with an invocation. Though there is no official policy deciding who can open......
The relationship between government and religion will once again become a point of discussion at the U.S. Supreme Court, as the Justices agreed to consider whether a New York town could open meetings with a prayer. Two residents sued Greece, New York, in 2008, saying it was endorsing Christianity, a......
A very interesting guest post today by Lise Gelernter (Buffalo) on the potential impact of yesterday's U.S. Supreme Court decision involving administrative law and the FCC, which could have some impact on the NLRB's power to interpret the jurisdictional bounds...
By a 6-3 vote yesterday, the Supreme Court decided that agencies deserve deference in determining the scope of their own jurisdiction. Bad move, argues Ilya Shapiro at Cato: …why should courts defer to agency determinations regarding their own authority? … Whether a government body uses its power wisely or not, it cannot possibly be the [...]Show More Summary
By Shubha Ghosh Without any surprise, even to those who wrote amici in support of the farmer in Bowman v. Monsanto, the Supreme Court ruled in favor of Monsanto last week. During oral arguments in February, the Court made it...
The Indiana Supreme Court suspending an attorney for three years for what justices described was a "mean-spirited and vindictive attempt to embarrass and harm" a former colleague who had spurned his advances.
(David Post) Stuart and Jonathan have both commented on the legal analysis in today’s City of Arlington v. FCC opinion from the Supreme Court, about which I have nothing to say. I want to direct your attention to footnote 1 in Justice Scalia’s opinion for the majority. He has just introduced one of the parties, “CTIA-The Wireless [...]
Add "orphan acronyms" to the list of Supreme Court Justice Antonin Scalia's pet peeves. Those are acronyms that used to stand for something -- like BP, formerly known as British Petroleum, or KFC, once Kentucky Fried Chicken -- but now...
The Supreme Court is tackling one of the most divisive First Amendment issues, agreeing on Monday to hear a case on whether an upstate New York town violated the Constitution by opening its public meetings with a Christian prayer.