Welcome to the Law Blog Central Orbiter

Inspired by PlanetPlanet's feed reader and aggregator and by Six Apart's Project Comet initiative, the Jurisdynamics Network presents the Law Blog Central Orbiter. The Orbiter aggregates the latest posts from the blogs digested on Law Blog Central. The posts are presented in reverse chronological order. The Law Blog Central Orbiter even has its own RSS feed, which you are invited to download by clicking here:  .  We hope that you enjoy the Orbiter and will visit often.



February 6, 03:15 PM   /   How Appealing   /   "Can Cruz legally be president? Ivy League scholars debate."

"Can Cruz legally be president? Ivy League scholars debate." The Associated Press has this report . And at "Balkinization," Jack Balkin has a post titled " Federalist Society Debate on Ted Cruz's Eligibility to be President ." The video of yesterday's debate can be accessed on YouTube via this li...




February 6, 02:05 PM   /   PrawfsBlawg   /   Flint and Minoritarian Fiscal Illusion: Will Republicans and Libertarians Stand Up and Cheer for Governmental Liability?

There has been a longstanding debate in legal academia about whether government is really afflicted by "fiscal illusion" -- that is, the illusion that governmental officials care mostly or only about costs affecting the fisc and, therefore, will impose inefficiently large private costs on individ...




February 6, 01:18 PM   /   How Appealing   /   "U.S. TV pitchman Kevin Trudeau loses appeal of conviction, sentence"

"U.S. TV pitchman Kevin Trudeau loses appeal of conviction, sentence": Jonathan Stempel of Reuters has this report . And The Associated Press reports that " Court upholds TV pitchman Kevin Trudeau's 10-year sentence ." You can access yesterday's ruling of the U.S. Court of Appeals for the Seventh...




February 6, 12:03 PM   /   Althouse   /   "Worried that a shortage of male teachers has produced a generation of timid, self-centered and effeminate boys..."

"... Chinese educators are working to reinforce traditional gender roles and values in the classroom." Lin Wei, 27, one of a handful of male sixth-grade teachers at a primary school here, has made a habit of telling stories about warlords who threw witches into rivers and soldiers who outsmarted ...




February 6, 11:15 AM   /   Althouse   /   Whither "the man in the street" and "John Q. Public"?

The other day, talking to Meade, I made the stray observation: "Nobody says 'the man in the street' anymore." It was a common colloquialism in news reports years ago. It's hard to take note of when something stops getting said. Decades could pass before you notice that something has disappeared f...




February 6, 10:42 AM   /   How Appealing   /   "The Candidates and the Court: It's likely that the next president will have the chance to fundamentally reshape the Supreme Court; So why is it not a major campaign issue?"

"The Candidates and the Court: It's likely that the next president will have the chance to fundamentally reshape the Supreme Court; So why is it not a major campaign issue?" Slate has posted online today this new installment of its "Amicus" podcast featuring Dahlia Lithwick. Her guest this week i...




February 6, 10:34 AM   /   How Appealing   /   "Supreme Court allows John Doe prosecutors to file sealed documents in federal court"

"Supreme Court allows John Doe prosecutors to file sealed documents in federal court": The Wisconsin State Journal has an article that begins, "The state Supreme Court has cleared one hurdle while leaving another in place for the district attorneys seeking to appeal to the U.S. Supreme Court a ha...




February 6, 10:30 AM   /   Law & Humanities Blog   /   T. S. Eliot On Great Detective Fiction




February 6, 10:26 AM   /   How Appealing   /   "Respected former NJ Supreme Court justice criticizes Christie, questions his legacy"

"Respected former NJ Supreme Court justice criticizes Christie, questions his legacy": Salvador Rizzo of The Record of Hackensack, New Jersey has this report .




February 6, 10:22 AM   /   How Appealing   /   "Supreme Court Ruling Has Florida Scrambling to Fix Death Penalty Law"

"Supreme Court Ruling Has Florida Scrambling to Fix Death Penalty Law": Lizette Alvarez of The New York Times has this report .




February 6, 10:12 AM   /   How Appealing   /   "The Political War Against the Kansas Supreme Court"

"The Political War Against the Kansas Supreme Court": Lincoln Caplan has this post online at The New Yorker.




February 6, 10:09 AM   /   How Appealing   /   "Abortion opponents urge Supreme Court to uphold Texas law"

"Abortion opponents urge Supreme Court to uphold Texas law": Richard Wolf of USA Today has this report .




February 6, 10:07 AM   /   How Appealing   /   "Are Assault Weapons Protected by the Second Amendment? The Supreme Court may finally have to rule on the right to keep and bear AR-15s."

"Are Assault Weapons Protected by the Second Amendment? The Supreme Court may finally have to rule on the right to keep and bear AR-15s." Dahlia Lithwick has this jurisprudence essay online at Slate.




February 6, 09:54 AM   /   Neuroethics & Law Blog   /   PEBS Neuroethics Roundup (JHU)

Last Edition's Most Popular Article(s): The Neurologist Who Hacked His Brain—and Almost Lost His Mind, Wired Magazine In The Popular Press: The Problem with Human Head Transplants, The Conversation Government Seeks High-Fidelity “Brain-Computer” Interface, MIT Technology Review Schizophrenia, Hub...




February 6, 09:40 AM   /   Balkinization   /   Federalist Society Debate on Ted Cruz's Eligibility to be President




February 6, 08:46 AM   /   Althouse   /   "I will look into it," said Hillary Clinton at Thursday's debate, when asked if she'd release the transcripts of all her paid speeches.

What's to "look into"? Why not a straightforward "yes"? She said "I'll look into it," and the, opaquely, "I don't know the status, but I will certainly look into it." What "status"? Who even has an idea what that means? Does she not owns the rights to her speeches? Perhaps some promise of privacy...




February 6, 07:49 AM   /   Althouse   /   The tendency of men in groups, in bars, to take to singing...




February 6, 05:28 AM   /   Crooked Timber   /   The UK government moves to purge the public conversation of unwanted voices

I blogged a few months ago about the various moves the UK’s Conservative government has put in place that seek to cement its ability to govern without effective opposition. Since then there have been various developments, including the entirely predictable loss of a million voters from the ...




February 6, 12:30 AM   /   Legal History Blog   /   Weekend Roundup




February 5, 07:28 PM   /   How Appealing   /   "Federal court invalidates maps of two NC congressional districts"

"Federal court invalidates maps of two NC congressional districts": The News & Observer of Raleigh, North Carolina has this report . And at his "Election Law Blog," Rick Hasen has a post titled " 3-Judge Federal Court Strikes Down 2 North Carolina Congressional Districts as Racial Gerrymanders ."...




February 5, 07:16 PM   /   How Appealing   /   "Quieter, smaller Guantanamo as debate rages on prison's fate"

"Quieter, smaller Guantanamo as debate rages on prison's fate": The Associated Press has this report .




February 5, 07:09 PM   /   How Appealing   /   "In historic move, Jorge Labarga to remain as Florida Supreme Court chief justice for second term"

"In historic move, Jorge Labarga to remain as Florida Supreme Court chief justice for second term": Kristen M. Clark of The Miami Herald has this blog post . The Supreme Court of Florida today issued a news release titled " Labarga Becomes First Florida Chief Justice To Succeed Himself in More Th...




February 5, 07:06 PM   /   How Appealing   /   "Roberts: Partisan confirmation fights hurt court's image."

"Roberts: Partisan confirmation fights hurt court's image." Sam Hananel of The Associated Press has this report .




February 5, 06:38 PM   /   Workplace Prof Blog   /   Arnow-Richman on Unilateral Modification of At-Will Contract Terms

Rachel Arnow-Richman (Denver) has just posted on SSRN her article (forthcoming 57 Boston College L. Rev.___ (2016)) Modifying At-Will Employment Contracts. Here's the abstract: [Employers often unilaterally alter the terms of at-will employment,] often without advance notice. To date, however,...




February 5, 06:29 PM   /   PrawfsBlawg   /   The Rule of Law in the Real World.

This round of prawfsblawgging comes at an exciting and terrifying time for me: my first book, The Rule of Law in the Real World, comes out in a few days, courtesy of Cambridge University Press. It's an attempt to reconcile the philosophical, legal, and empirical literature on the ideal of "the ru...




February 5, 05:49 PM   /   Althouse   /   James Taylor loves his echo chamber.

It's literally an echo chamber. "Echo chamber" is usually figurative. Here are some examples from the NYT archive which I've bunched up, without links: Americans Attracted to ISIS Find an ‘ Echo Chamber ’ on Social Media... the bars, restaurants and other haunts of entrepreneurs can be an echo ch...




February 5, 05:43 PM   /   Workplace Prof Blog   /   Bauries Voted Full Professor

A belated but heartfelt congratulations to Scott Bauries (Kentucky), who last week was voted up for full professorship. Scott's colleagues at Kentucky are extraordinarily lucky to have him a member of their faculty, and I am equally lucky to have...




February 5, 05:13 PM   /   Althouse   /   ""At 9:30am, I drink 16 ounces of unsweetened, strong green juice, which is my alkalizer, hydrator, energizer, source of protein and calcium, and overall mood balancer."

"It's also my easy, 'lazy,' and delicious skin regime. I also take three tablespoons of bee pollen. I love Moon Juice's soft and chewy bee pollen—it's a creamy, candy-like treat that gives me my daily B-vitamin blast, and also helps feed my skin and aids hormone production. I'll also grab a handf...




February 5, 05:13 PM   /   Althouse   /   "At 9:30am, I drink 16 ounces of unsweetened, strong green juice, which is my alkalizer, hydrator, energizer, source of protein and calcium, and overall mood balancer."

"It's also my easy, 'lazy,' and delicious skin regime. I also take three tablespoons of bee pollen. I love Moon Juice's soft and chewy bee pollen—it's a creamy, candy-like treat that gives me my daily B-vitamin blast, and also helps feed my skin and aids hormone production. I'll also grab a handf...




February 5, 04:50 PM   /   Althouse   /   Is there a "sexist double standard behind why millennials love Bernie Sanders"?

WaPo's Catherine Rampell says there is. It is precisely Sanders’s au-naturel-ness that endears him to his young fans: his unkempt hair, his ill-fitting suits, his unpolished Brooklyn accent, his propensity to yell and wave his hands maniacally. Sanders, it appears, woke up like this. These qualit...




February 5, 04:24 PM   /   Neuroethics & Law Blog   /   "Two Views of First Amendment Thought Privacy"

Recently published on SSRN (and forthcoming in University of Pennsylvania Journal of Constitutional Law): "Two Views of First Amendment Thought Privacy" ADAM J. KOLBER, Brooklyn Law School For centuries, our thought privacy has been reasonably well protected by the difficulty...




February 5, 04:17 PM   /   Conglomerate   /   The Financial Crisis Penalties Will Never End

Today the Fed issued a $131 million penalty against HSBC for playing fast and loose with some of the evidence...




February 5, 04:00 PM   /   Workplace Prof Blog   /   Breastfeeding at Work

As we are well aware, breastfeeding in the workplace continues to be a controversial employment law issue. Recent case law and regulations on the topic have helped to provide some guidance on this issue. The United States is not alone...




February 5, 03:40 PM   /   Althouse   /   "It’s one thing to say you won’t accept a beheading video on a site... But once you get beyond something that clear, how do you define terrorist content?"

Said Faiza Patel of the Liberty and National Security Program at NYU’s Brennan Center for Justice, quoted in the NYT article "Twitter Steps Up Efforts to Thwart Terrorists’ Tweets" (which reports that Twitter has closed down 125,000 Twitter accounts since mid-2015).




February 5, 02:26 PM   /   Consumer Law & Policy   /   HSBC pays $470m for mortgage misconduct

BBC News reports: HSBC has reached a $470m [] settlement with the US government and states related to dubious mortgage lending and foreclosure practices that contributed to the financial crisis. The agreement includes a $100m fine and $370m in consumer...




February 5, 01:55 PM   /   How Appealing   /   "Rajat Gupta's Insider-Trading Conviction to Get a New Review"

"Rajat Gupta's Insider-Trading Conviction to Get a New Review": Bloomberg News has this report . And The Associated Press reports that " NY court agrees to rehear Ex-Goldman board member's appeal ."




February 5, 01:52 PM   /   How Appealing   /   "Two Law School graduates to clerk for Supreme Court; Austin Raynor, Nicole Frazer clerking for Justices Thomas, Scalia"

"Two Law School graduates to clerk for Supreme Court; Austin Raynor, Nicole Frazer clerking for Justices Thomas, Scalia": The Cavalier Daily has this report . Related news releases can be accessed here and here .




February 5, 01:38 PM   /   How Appealing   /   "Meet Clint Bolick, Libertarian Lawyer Turned Arizona Supreme Court Justice; The newly appointed justice talks law, politics, immigration, and why he got 'visibly tattooed'":

"Meet Clint Bolick, Libertarian Lawyer Turned Arizona Supreme Court Justice; The newly appointed justice talks law, politics, immigration, and why he got 'visibly tattooed'": Damon Root has this article online today at Reason.com.




February 5, 01:35 PM   /   How Appealing   /   "Age and wisdom: Are the Supreme Court justices too old?"

"Age and wisdom: Are the Supreme Court justices too old?" Steven Mazie has this post at the "Democracy in America" blog of The Economist.




February 5, 01:22 PM   /   How Appealing   /   Circuit Judge Janice Rogers Brown's dissent today from a ruling of the U.S. Court of Appeals for the D.C. Circuit

Circuit Judge Janice Rogers Brown 's dissent today from a ruling of the U.S. Court of Appeals for the D.C. Circuit : The dissent begins: It is hard to say whether a medium or a fortune-teller would be best suited for this case. The Court's opinion seems to be one part Back to the Future , requiri...




February 5, 01:01 PM   /   Sports Law Blog   /   More intentional fouls




February 5, 01:00 PM   /   PrawfsBlawg   /   More intentional fouls

Following on my earlier post, NBA Commissioner Adam Silver now says he will have the league's Competition Committee explore ways to restrict the practice, explicitly recognizing it as an aesthetic concern. But any rule has to consider all responses and downstream consequences. For example, the fi...




February 5, 01:00 PM   /   Legal History Blog   /   A New Journal on Roman Law and the Roman Law Tradition




February 5, 12:24 PM   /   PrawfsBlawg   /   Power or Participation? Consensus in Political Deliberation

How should we structure our democratic institutions? Do we worry about political power, and so seek to maximize the ways in which political authorities are accountable to the public? Here we might emphasize reciprocity as a core feature of political institutions. Or to maximize the public’s parti...




February 5, 12:02 PM   /   How Appealing   /   "Federalist Society --Larry Tribe and Jack Balkin -- Is Ted Cruz Eligible to be President?"

"Federalist Society --Larry Tribe and Jack Balkin -- Is Ted Cruz Eligible to be President?" Harvard Law School's Federalist Society chapter is hosting this event starting at noon eastern time today. According to the online notice of the event, you can access the video live, online via this link o...




February 5, 11:58 AM   /   How Appealing   /   "The immigration case, made simple"

"The immigration case, made simple": Lyle Denniston has this post today at "SCOTUSblog."




February 5, 11:55 AM   /   How Appealing   /   "Chief Justice John Roberts seeks to limit role of courts"

"Chief Justice John Roberts seeks to limit role of courts": Richard Wolf of USA Today has this report .




February 5, 11:54 AM   /   How Appealing   /   "Guantanamo prosecutor defends retroactive censorship of public hearing in 9/11 case"

"Guantanamo prosecutor defends retroactive censorship of public hearing in 9/11 case": Carol Rosenberg of The Miami Herald has this report .




February 5, 11:38 AM   /   Consumer Law & Policy   /   Getting generic drugs on the market

Read this essay by acting FDA commissioner Stephen Ostroff on what the FDA is doing to get safe and effective generic drugs on the market promptly. The agency's efforts are important because the cost of generic drugs generally is far...




February 5, 11:00 AM   /   Legal History Blog   /   Baslar on 50 Years of Turkey's Constitutional Court




February 5, 10:37 AM   /   Crooked Timber   /   6 Nations!

Another year, and the Six Nations has rolled around again, a competition between the also-rans and second-bests in world rugby. Thoughts? Predictions? For me, being an England supporter will be harder than ever. England have decided that the solution to their endemic problems is to appoint Eddie ...




February 5, 10:36 AM   /   Workplace Prof Blog   /   County Ordinance Establishing "Right to Work" is Preempted

Mitch Rubinstein reports over at Adjunct Prof Blog that a federal judge in Louisville, Kentucky has struck on NLRA preemption grounds a Hardin County, Kentucky ordinance purporting to establish the county as a right-to-work county. The judge found that the...




February 5, 10:28 AM   /   Althouse   /   Let's talk about the new Quinnipiac poll.

It's an argument for the GOP to pick Rubio, no? Click to enlarge. By the way, watching last night's Democratic debate, I thought: So much anger! Everyone's annoyingly angry. This indirectly works as an argument against Trump and (to a lesser degree) Cruz. Everyone's yelling. Everyone's turning re...




February 5, 10:21 AM   /   Workplace Prof Blog   /   NFL's Pension Plan Underfunded

Yesterday's Wall Street Journal reports that the NFL's pension plan is only 72% funded. That's the lowest of the major sports leagues, which average an 85% funding level. rb




February 5, 10:21 AM   /   Legal Profession Blog   /   Actual Innocence Not Required To Sue For Legal Malpractice In Iowa

Actual innocence need not be proven for a defendant to sue a criminal defense attorney for malpractice, according to a decision of the Iowa Supreme Court In the present case, the plaintiff faults his former criminal defense attorneys for allowing...




February 5, 10:13 AM   /   Legal Profession Blog   /   Shame On You; Private Admonition On Me

The Iowa Supreme Court has privately admonished an attorney who sent an ex parte email to the judge reviewing an arbitration award of a county bar association. His (non-frivolous) beef with the award was that his former attorney was the...




February 5, 10:12 AM   /   Consumer Law & Policy   /   "It's like listening to someone get beat up"

Financially speaking, that is. Last Friday's episode of NPR's Planet Money goes inside the telemarketing scam based on the premise that workers can work from home and make a great living. The episode includes audio from an actual sales pitch...




February 5, 10:07 AM   /   Consumer Law & Policy   /   For a change, wage gains accompany job gains

Despite the uptick in jobs over the last couple of years, one key respect in which the economic recovery is weak has been its failure to raise workers' wages. This week's January jobs report from the Labor Department is more...




February 5, 10:01 AM   /   Feminist Law Professors   /   Public Rights/Private Conscience Project Seeks New Director

Public Rights/Private Conscience Project Seeks New Director     We’re hiring a new director of the Public Rights/Private Conscience Project – an incredible opportunity to work at Columbia Law School shaping our work on religious exemptions and sexual liberty and equality. Pl...




February 5, 09:30 AM   /   Legal History Blog   /   Hickford on New Zealand's Political Constitutionalism




February 5, 09:15 AM   /   TRUTH ON THE MARKET   /   Anticompetitive Regulations Highlighted in the 2016 Heritage Index of Economic Freedom (Also, the U.S. Continues to Slip)

The Heritage Foundation’s Index of Economic Freedom is an annual data compilation that provides an ordinal ranking of economic freedom in nations throughout the world, based on such country-specific measures of economic liberty as commitment to limited government, strong protection of private pro...




February 5, 09:05 AM   /   Crooked Timber   /   Thinking Through Violence in The Just City and The Philosopher Kings

The Just City and The Philosopher Kings are two of the purest examples I’ve ever read of “a novel of ideas”. Being novels of ideas means that scenes that would be gut wrenching or stomach-churning in other books are instead only jumping off points for the real work –comple...




February 5, 08:52 AM   /   Consumer Law & Policy   /   New bill would strictly limit forced arbitration

Senator Patrick Leahy (VT) and Senator Al Franken (MN) introduced a bill Thursday that would strictly limit the companies' ability to impose arbitration clauses on consumers and workers. The Restoring Statutory Rights Act would prevent civil rights cases, employment disputes...




February 5, 08:23 AM   /   Legal Profession Blog   /   Sex with Client Draws Suspension

From the web page of the Tennessee Supreme Court notes a decision to increase the length of an attorney's suspension. The Supreme Court has decided to increase the punishment recommended by a hearing panel to discipline an attorney for sexual...




February 5, 08:10 AM   /   Althouse   /   Anthony!

A long NYT obituary for a woman whose only claim to fame was shouting "Anthony!" out the window in a 1969 spaghetti commercial (the one that planted the definition of Wednesday in our head: Prince spaghetti day).




February 5, 08:06 AM   /   Althouse   /   "He's trying to be Dennis Hopper... and failing miserably."/"Or Sam Shepard. Especially the shot with the finger to his brow."

"Immediately I thought, 'Please Unicorn Jesus, don't let this man make a remake of Easy Rider.'" That's set-of-comments #1 about the Rolling Stone pictures of Owen Wilson, featured at Tom & Lorenzo (who say: "Owen, Sue them. Sue them all. Make everyone who did this to you pay in blood, money ...




February 5, 08:01 AM   /   Brian Leiter's Law School Reports   /   Interview with Judge Edwards about legal scholarship...

...in the Journal of Legal Education, but excerpted here. In 23 years in law teaching, I've never heard a law professor express "disdain" for legal...




February 5, 08:00 AM   /   proSOXblog - Headline News   /   SEC Moves Against Alleged Pyramid Scheme in Colorado

In Securities and Exchange Commission v. Johnson  No. 1:15-cv-00299-REB (D. Colo. Feb. 12, 2015), the Securities and Exchange Commission (“SEC”) alleged Kristine Johnson, Troy Barnes, and Work With Troy Barnes, Inc. (collectively, the “Defendants”) operated a fraudule...




February 5, 07:52 AM   /   Legal Profession Blog   /   Long Suspension For "High Degree Of Negligence"

The Louisiana Supreme Court rejected a six-month suspension and probation proposed for an attorney who had mishandled his trust account. The court ordered a two-year suspension. Respondent is guilty of at least a high degree of negligence in mismanaging his...




February 5, 07:45 AM   /   Althouse   /   If a 15-year-old boy masturbates, is he a pedophile?

That's a question that occurred to me, reading "Male Teen Takes Nude Photo of Himself, Charged with Making Child Porn/The kid, 15, could be placed on the sex offender registry."




February 5, 07:40 AM   /   Althouse   /   When you broaden the meaning of a word, Lena Dunham, can we hold you to that meaning... at least until the end of a sentence?

Calling for "new codes of conduct" on Twitter and drawing us in with the assertion that she is "experiencing violent bullying in the internet," she said : “I think it’s important to remember that threat s are more than someone saying I’m going to come to your house and I’m going to hurt you... In...




February 5, 07:00 AM   /   Dorf on Law   /   The Silver Lining in a Potential Rubio Presidency

by Michael Dorf As Prof. Buchanan noted on Tuesday , it is still too soon to coronate Marco Rubio as the  "establishment" alternative to either the external (Trump) or internal (Cruz) hostile takeover of the Republican party. Before writing off Jeb Bush, Chris Cristie, John Kasich, or their ...




February 5, 04:02 AM   /   Crooked Timber   /   DJ Earworm 2015

The Plain People of Crooked Timber: Belle. What is your deal even. You said you would post trivial idle thoughts alla time and instead you just ghost. And you haven’t even posted your annoying end-of-the-year mix of all the sucky songs from the previous year! Well, gentle readers, I…I...




February 5, 12:59 AM   /   Patent Docs   /   Illumina Cambridge Ltd. v. Intelligent Bio-Systems, Inc. (Fed. Cir. 2016)

By Kevin E. Noonan -- The Federal Circuit affirmed a decision of obviousness, and that a patentee not be able to amend claims in an inter partes review proceeding, in an opinion handed down January 29th in Illumina Cambridge Ltd. v. Intelligent Bio-Systems, Inc. The opinion (or rather the descrip...




February 5, 12:30 AM   /   Legal History Blog   /   Hoofnagle on the Federal Trade Commission and the Development of Privacy Law




February 5, 12:18 AM   /   TRUTH ON THE MARKET   /   ICLE files an Amicus Brief In Fox v. Aereo Killer

On Wednesday, the International Center for Law & Economics, along with the Competitive Enterprise Institute, filed an amicus brief in the Ninth Circuit Court of Appeals supporting the appellants in Fox Television Stations, Inc. v. Aereo Killer LLC. The case arose out of Aereo Killer’s Interne...




February 4, 10:36 PM   /   How Appealing   /   "Appeals court deals blow to Maryland gun control law"

"Appeals court deals blow to Maryland gun control law": Michael Dresser of The Baltimore Sun has this report . And Anjali Shastry of The Washington Times reports that " Appeals court rules Md. gun control law infringes on Second Amendment rights ." My earlier coverage of today's Fourth Circuit ru...




February 4, 10:28 PM   /   How Appealing   /   "Can Florida restrict doctors' speech to patients about guns?"

"Can Florida restrict doctors' speech to patients about guns?" Eugene Volokh has this post today at "The Volokh Conspiracy."




February 4, 10:05 PM   /   Law & Humanities Blog   /   New From the University of Provence Press, Edited by Jean Arnaud and Bruno Goosse: A Volume on Law and Art




February 4, 09:52 PM   /   Crooked Timber   /   90% of what goes on at The New York can be explained by Vulgar Marxism

On Tuesday night, Alexandra Schwartz, a critic at The New Yorker, posted a piece criticizing the young supporters of Bernie Sanders. Ordinarily, I’d be mildly irritated by an article titled “Should Millennials Get Over Bernie Sanders?” In this instance, I’m grate...




February 4, 09:52 PM   /   Crooked Timber   /   90% of what goes on at The New Yorker can be explained by Vulgar Marxism

On Tuesday night, Alexandra Schwartz, a critic at The New Yorker, posted a piece criticizing the young supporters of Bernie Sanders. Ordinarily, I’d be mildly irritated by an article titled “Should Millennials Get Over Bernie Sanders?” In this instance, I’m grate...




February 4, 09:39 PM   /   Althouse   /   People keep asking: Am I watching the debate?

The answer is: Yes, I am. Not up for old-time live-blogging. My son, John Althouse Cohen is carrying on the old live-blogging tradition, here . I'll just say I'm very put off by the anger and the yelling. It's so stressful! ADDED: What are they yelling about? It seems to be the theater of showing...




February 4, 06:00 PM   /   How Appealing   /   "Sonia from the Bronx"

"Sonia from the Bronx": Ian Frazier has this Talk of the Town essay in the February 8, 2016 issue of The New Yorker.




February 4, 05:34 PM   /   How Appealing   /   "AG Schimel appoints Ryan Walsh as Chief Deputy Solicitor General"

"AG Schimel appoints Ryan Walsh as Chief Deputy Solicitor General": The Wisconsin Department of Justice has issued this news release .




February 4, 04:57 PM   /   PrawfsBlawg   /   Maybe they should stop eating cheese, too.

My Facebook feed is blowing up with snarky comments in response to the CDC's just released report and recommendations on Fetal Alcohol Syndrome. As I understand it, researchers have yet to identify any "safe" level of alcohol consumption during any stage of pregnancy, in part because it would be ...




February 4, 04:39 PM   /   Althouse   /   Seen from my desk this morning...

... a hawk!




February 4, 04:31 PM   /   Althouse   /   "College students wear shaggy white 'Bernie' wigs on campus..."

"... carry iPhones with his image as their screen saver, and flock to his events by the thousands." “It seems like he is at the point in his life when he is really saying what he is thinking,” said Olivia Sauer, 18, a college freshman who returned to her hometown, Ames, Iowa, to caucus for Mr. Sa...




February 4, 03:34 PM   /   Althouse   /   Beware the hair tourniquet.

"Scott Walker said his daughter, Molly, was cranky, screaming and began to overheat, so his wife took off her socks. That’s when they saw a hair wrapped tightly around her toe...." That's Scott Walker, some man in Kansas, not the Wisconsin governor. But governors and nongovernors alike are warned...




February 4, 03:29 PM   /   PrawfsBlawg   /   Discussing the Vanishing Civil Trial

Thanks to Howard for letting me linger here a few extra days. I wanted to close with a plug for a terrific new article in Judicature by U.S. District Judge D. Brock Hornby, entitled Imagined Conversations: The Decline in Federal Civil Trials. The steady drop in the federal civil trial rate since ...




February 4, 01:42 PM   /   How Appealing   /   "Baltimore sculptor creates new statue, a possible Taney replacement"

"Baltimore sculptor creates new statue, a possible Taney replacement": Dan Rodricks if The Baltimore Sun has this blog post today.




February 4, 01:33 PM   /   How Appealing   /   "Appeals court decision casts doubt on Maryland's assault weapons ban"

"Appeals court decision casts doubt on Maryland's assault weapons ban": Ann E. Marimow of The Washington Post has this report . And The Associated Press reports that " Appeals court orders judge to reconsider Md. gun law ruling ." You can access today's ruling of a divided three-judge panel of th...




February 4, 01:23 PM   /   Althouse   /   “Are you happy with the two sisters I brought you?”/“I’m very, very happy. But I’ll be even happier when you give me five more.”

What President Obama asked and Supreme Court Justice Ruth Bader Ginsburg — according to Justice Sonia Sotomayor, quoted in a short New Yorker piece by Ian Frazier, "Sonia From the Bronx." If the quote is accurate, it means that Justice Ginsburg dreams of a Supreme Court with 8 female justices. Ei...




February 4, 01:22 PM   /   How Appealing   /   "Mistaken ID case: Man was jailed despite being 9 inches taller than the wanted man."

"Mistaken ID case: Man was jailed despite being 9 inches taller than the wanted man." Maura Dolan of The Los Angeles Times has this report . And Bob Egelko of The San Francisco Chronicle has a blog post titled " We thought he was the same guy -- never mind that 9-inch height difference ." You can...




February 4, 01:10 PM   /   How Appealing   /   "Supreme Judicial Court Justice Robert Cordy to retire"

"Supreme Judicial Court Justice Robert Cordy to retire": John R. Ellement of The Boston Globe has this report . The newspaper has posted the retirement letter at this link . Laurel J. Sweet of The Boston Herald reports that " SJC Justice Cordy to retire this summer ." In addition, Bob McGovern --...




February 4, 01:01 PM   /   Workplace Prof Blog   /   4th Circuit on an Extreme Arbitration Waiver-of-Rights Case

Lise Gelernter (SUNY-Buffalo) sends word of a recent Fourth Circuit consumer arbitration decision with important implications for employment arbitration and the waiver of substantive rights through arbitration generally. Apart from the second paragraph below, which I added, what follows in...




February 4, 12:30 PM   /   Legal History Blog   /   Christophers, "Capitalism and Competition in the Court of Law"




February 4, 12:26 PM   /   PrawfsBlawg   /   JOTWELL: Coleman on McCuskey on "submerged" decisions

The new Courts Law essay comes from Brooke Coleman (Seattle), reviewing Elizabeth McCuskey's Submerged Precedent (forthcoming Nev. L. Rev.), which examines the substantial body of reasoned district court decisions that are often not publicly available.




February 4, 12:11 PM   /   Consumer Law & Policy   /   Food industry lobbies Congress to block Vermont GMO-labeling law

The Washington Post reports today that the food industry is pressuring Congress to block vermont' GMO-labeling law before it goes into effect in July. "The food industry wants Congress to pre-empt Vermont’s law and bar mandatory labeling of genetically modified...




February 4, 12:08 PM   /   Consumer Law & Policy   /   Two more airbag recalls

The Washington Post reports on two new airbag recalls: Automakers to recall 5M vehicles for another air bag problem Another problem has developed with automotive air bags, this one resulting in recalls of up to 5 million vehicles worldwide. Continental...




February 4, 11:50 AM   /   Consumer Law & Policy   /   Public Citizen's Amit Narang lays out the dangers of regulatory "reform"

... in The Hill, responding to former head of OIRA Cass Sunstein: Delays in new public protections have real consequences. Oil trains around the country continue to explode while new safety measures languish in development. Tainted food outbreaks continue to...




  

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