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.



July 19, 12:59 AM   /   Patent Docs   /   Qui Tam Action Filed under False Claims Act over Certain Prescription Drug Prices

By Kevin E. Noonan -- Those with moderate memories may recall that there was a spate of qui tam actions several years ago for false marking of patented articles, aimed at manufacturers who had neglected to remove patent marking from their products after their patents had expired. Some of these tr...




July 19, 12:30 AM   /   Legal History Blog   /   Casto to Speak on Robert H. Jackson and FDR




July 18, 08:57 PM   /   Althouse   /   At the Ducks-in-a-Row Café...

... get your ducks in a row.




July 18, 07:04 PM   /   Crooked Timber   /   Movers and stayers

A lot of discussion of immigration is framed around the distinction between movers and stayers. Until recently, most of what I’ve seen has framed “stayers” as those who see their economic interests as being threatened by competition from immigrants. To protect themselves, they w...




July 18, 06:49 PM   /   Legal Profession Blog   /   No Extraordinary Relief For Bar Exam Failure In Utah

The Utah Supreme Court denied extraordinary relief to an applicant who fell "just short " of a passing score after not being granted a disability accommodation Dallin Mark Durbano wants to be a member of the Utah Bar. After abandoning...




July 18, 05:44 PM   /   Althouse   /   "President Trump on Thursday disavowed the 'send her back' chant that broke out at his re-election rally Wednesday night..."

"... when he railed against a Somali-born congresswoman, as Republicans in Congress rushed to distance themselves and their party from the ugly refrain. Mr. Trump said he was 'not happy' with the chant [and] claimed that he had tried to cut off the chant, an assertion contradicted by video of the...




July 18, 05:14 PM   /   Althouse   /   "In ancient times purses were a male accessory because carrying money was a man’s job; for much of history, women didn’t need bags because they didn’t venture far from home...."

"It wasn’t until the Renaissance that women’s massive skirts allowed them to cache the stuff they needed in large pockets that dangled beneath their clothes.... Around the French Revolution, women’s silhouettes grew slimmer and bulging interior pockets were seen as an impediment to style. Instead...




July 18, 03:11 PM   /   Legal Profession Blog   /   Helping Out Draws Suspension Of Judge

A judicial sanction has been imposed by the Mississippi Supreme Court on a repeat offender judge. We agree with the Commission [on Judicial Performance] that Judge Sutton’s conduct constituted misconduct. We disagree with the Commission’s imposition of sanctions. Instead, we...




July 18, 01:49 PM   /   Althouse   /   "Harris probably needs to start plotting out a media and expectations-management strategy now that allows her to remain viable even if she strikes out in the first four states."

"California and some of the other Super Tuesday states should be good states for her, by contrast, but she needs to get there and to remain above the 15 percent threshold first." Writes Nate Silver in "Bulletpoint: Does Kamala Harris Need A Win Before California?" Is it too early to start talking...




July 18, 12:54 PM   /   Legal Profession Blog   /   Washington State: In House Counsel May Sue Former Employer

The Washington State Supreme Court has held that in-house counsel are entitled to special protection in bringing claims against a former employer Far from the lawyers of old, who tolled "alone In a solitary office . . . unhallowed by...




July 18, 12:52 PM   /   Brian Leiter's Law School Reports   /   This year's FAR form surprise

Last year it was the addition of the silly but harmless "student leadership" and "community service" sections, this year it's more consequential: candidates can now...




July 18, 12:50 PM   /   Althouse   /   "Federal prosecutors signaled in a court document released on Thursday that it was unlikely they would file additional charges in the hush-money investigation..."

"... that ensnared members of Donald J. Trump’s inner circle and threatened to derail his presidency. In the document, the prosecutors said they had 'effectively concluded' their inquiry, which centered on payments made during the 2016 presidential campaign to buy the silence of two women who sai...




July 18, 12:16 PM   /   Althouse   /   Ihan Omar takes to the high ground — the Maya Angelou high ground.

You may shoot me with your words, You may cut me with your eyes, You may kill me with your hatefulness, But still, like air, I’ll rise. -Maya Angelou https://t.co/46jcXSXF0B — Ilhan Omar (@IlhanMN) July 18, 2019 Very well played by Omar. Here's the full text of "Still I Rise," which is not to be ...




July 18, 11:53 AM   /   Althouse   /   And, as you know, hot dog is Mitt Romney's favorite meat.

My favorite meat is hot dog




July 18, 11:26 AM   /   TRUTH ON THE MARKET   /   Should Patent Hold-Out Concerns Trump Patent Hold-Up Misgivings?

[TOTM: The following is the fourth in a series of posts by TOTM guests and authors on the FTC v. Qualcomm case recently decided by Judge Lucy Koh in the Northern District of California. Other posts in this series are here.] [This post is authored by Gerard Lloblet, Professor of Economics at CEMFI...




July 18, 11:09 AM   /   Legal Profession Blog   /   Conviction Bars Malpractice Suit

The Maine Supreme Judicial Court affirmed the dismissal of a legal malpractice claim brought by a criminal defendant against an attorney appointed to represent him after retained counsel withdrew. After consulting with Haddow, Goguen stated in open court that he...




July 18, 10:55 AM   /   Brian Leiter's Law School Reports   /   Faculty appointments committees for 2019-20...

...you can announce yourselves (and your school's hiring priorities) here.




July 18, 10:51 AM   /   TRUTH ON THE MARKET   /   FTC v. Qualcomm: A Case of Regulatory Capture?

[TOTM: The following is the third  in a series of posts by TOTM guests and authors on the FTC v. Qualcommcase recently decided by Judge Lucy Koh in the Northern District of California. Other posts in this series are here.] [This post is authored by Jonathan M. Barnett, Torrey H. Webb Professor of...




July 18, 10:32 AM   /   Neuroethics & Law Blog   /   "Free Will, Action and Responsibility: Philosophical and Legal Analysis" by Didikin

Anton Didikin (Higher School of Economics: Russian Academy of Sciences Institute of State and Law) has published "Free Will, Action and Responsibility Philosophical and Legal Analysis" on SSRN. Here is the abstract: The paper provides an analysis of the main...




July 18, 10:02 AM   /   Legal Profession Blog   /   Underage Sex And History Of Sanctions Gets Virginia Attorney Revoked

A rare bar discipline opinion of the Virginia Supreme Court affirmed the license revocation of a notorious attorney A three-judge court found that Virginia attorney Joseph D. Morrissey violated Rules 5.1(b), 5.5(c), and 8.4(b) of the Virginia Rules of Professional...




July 18, 09:40 AM   /   Althouse   /   The crudeness and the precision of the "Send her back" chant — heard at Trump's rally last night in Greenville, NC.

Trump fans eventually break out in "send her back!" chants directed toward Ilhan Omar, a Somali refugee who serves in Congress who Trump viciously smeared. pic.twitter.com/LX3eAEkfci — Aaron Rupar (@atrupar) July 17, 2019 The crudeness: Trump, in his original tweet and later statements, was askin...




July 18, 09:30 AM   /   Legal History Blog   /   Mikhail on the Original Meaning of Emoluments Clause




July 18, 09:12 AM   /   Dorf on Law   /   The Disconcerting Many-Worlds Theory




July 18, 09:09 AM   /   Legal Profession Blog   /   "Pure Greed, And A Hardwired, Vindictive Personality"

The Ohio Supreme Court has indefinitely suspended an attorney Given the unreasonable and vindictive nature of Shimko’s conduct in this, his third disciplinary matter, we overrule his sixth objection and find that an indefinite suspension—with the attendant requirement that Shimko...




July 18, 12:59 AM   /   Patent Docs   /   Athena Diagnostics v. Mayo Collaborative Services -- The Dissents

By Donald Zuhn -- On July 3, the Federal Circuit issued a per curiam Order in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, denying a petition for rehearing en banc filed by Plaintiffs-Appellants Athena Diagnostics, Inc., Oxford University Innovation Ltd., and the Max-Planck-Gesel...




July 18, 12:30 AM   /   Legal History Blog   /   Loft on Litigation and the Anglo-Scottish Union




July 17, 10:07 PM   /   Althouse   /   At the Pinkness Café...

... is there anything left to talk about.




July 17, 07:14 PM   /   TRUTH ON THE MARKET   /   Breaking Up Amazon? Platforms, Private Labels and Entry

[This post is the first in an ongoing symposium on “Breaking up Big Tech” that will feature analysis and opinion from various perspectives.] The European Commission just announced that it is investigating Amazon. The Commission’s concern is that Amazon is simultaneously acting as a ref and player...




July 17, 07:14 PM   /   TRUTH ON THE MARKET   /   Breaking Up Amazon? Platforms, Private Labels and Entry

[This post is the first in an ongoing symposium on “Breaking up Big Tech” that will feature analysis and opinion from various perspectives.] [This post is authored by Randal C. Picker, James Parker Hall Distinguished Service Professor of Law at The University of Chicago Law School] The European C...




July 17, 07:03 PM   /   Althouse   /   Let's watch Trump's rally, live-streaming from Greenville, North Carolina.

ADDED: After listing his accomplishments in office: "But could you imagine what it could have been if we didn't have that witch hunt?" He hears a voice in the crowd. He points to the person. "You said it. He said it. I won't say it, 'cause it's a terrible word, so I will not say that this guy sai...




July 17, 06:59 PM   /   Althouse   /   50 years ago today, The New York Times withdrew its 1920 article "A Severe Strain on Credulity," which mocked Robert Goddard for believing that a rocket could land on the moon.

Here's "A Severe Strain on Credulity" (1920): As a method of sending a missile to the higher, and even highest, part of the earth's atmospheric envelope, Professor Goddard's multiple-charge rocket is a practicable, and therefore promising device. Such a rocket, too, might carry self-recording ins...




July 17, 06:14 PM   /   Althouse   /   "The House on Wednesday killed an attempt to impeach President Trump for statements that the chamber condemned this week as racist..."

"... turning aside an accusation that he had brought 'ridicule, disgrace and disrepute' to his office. But 95 Democrats signaled their support for impeachment, while 137 opposed it — a dramatic split signaling trouble ahead for a divided party. The 332-95 vote to table the impeachment article dra...




July 17, 02:17 PM   /   Legal Profession Blog   /   Court Mixes Sports Metaphors

A decision of the Maryland Court of Appeals imposes a 60-day suspension for misconduct in an otherwise successful immigration representation. The court opens with a reference to a court of another sort The phrase “no harm, no foul” derives from...




July 17, 01:14 PM   /   Dorf on Law   /   Why Trump's Latest Outrage Struck a Nerve




July 17, 12:06 PM   /   Althouse   /   Anti-manspreading chairs.

These anti-manspreading chairs are all very well, but surely widespread castration would be more cost-effective? https://t.co/MvOBDZS2Tt — Titania McGrath (@TitaniaMcGrath) July 17, 2019




July 17, 10:51 AM   /   Law & Humanities Blog   /   Newly Published: A Cultural History of Law, edited by Gary Watt (Bloomsbury Publishing) @BloomsburyPub @warwickuni




July 17, 10:29 AM   /   Neuroethics & Law Blog   /   "The Neuroscience of Evidentiary Rules: The Case of the Present Sense Impression" by Sundby

Christopher Sundby (Vanderbilt University, Law School) has published "The Neuroscience of Evidentiary Rules: The Case of the Present Sense Impression" on SSRN. Here is the abstract: The Federal Rules of Evidence (FRE) determine what evidence federal juries see and don’t...




July 17, 10:13 AM   /   Althouse   /   "That Notre-Dame still stands is due solely to the enormous risks taken by firefighters in those third and fourth hours."

"Disadvantaged by their late start, firefighters would rush up the 300 steps to the burning attic and then be forced to retreat. Finally, a small group of firefighters was sent directly into the flames, as a last, desperate effort to save the cathedral.... 'We were at first reluctant to go becaus...




July 17, 10:04 AM   /   Althouse   /   "At the most basic level, true crime satisfies that little-kid desire to see beneath the surface of everything."

"As a child, I was often ashamed of my curiosity, which always seemed to go in socially unacceptable directions. I’d reach for a stick to explore a dead fish at the edge of a pond. I yearned to learn taxidermy. Grown-ups smiled when I said I wanted to be a doctor when I grew up, but I knew better...




July 17, 08:42 AM   /   Althouse   /   Trump floats a new nickname — "four horsewomen of the apocalypse" — and rails against the do-nothing Democrats.

I'm reading Trump's tweets this morning. First, there's this quote from Louisiana Senator John Kennedy (in 3 parts: 1 , 2 , 3 ): "In America, if you hate our Country, you are free to leave. The simple fact of the matter is, the four Congresswomen think that America is wicked in its origins, they ...




July 17, 08:09 AM   /   Althouse   /   "Whether this is a walk for the exits of public life, or voluntary entry into a cryogenic experiment to ride out the rest of Trump era is yet to be seen."

From a Bulwark article that begins, "Former Wisconsin Governor Scott Walker will soon have a new job: President of Young America’s Foundation."




July 17, 08:08 AM   /   Legal Profession Blog   /   A Well-Earned Disbarment

An Arizona Hearing Panel disbarred an attorney who had previously been suspended for six months and, in a follow up matter, two years. In three separate matters Mr. Rosen converted settlement funds owed to his clients. In another he accepted...




July 17, 07:47 AM   /   Legal Profession Blog   /   "Lawyers Are Made Not Born"

A stipulated sanction of a two-year suspension followed by two years of probation was accepted by the Arizona Presiding Disciplinary Judge for practice in violation of a suspension order. The matter led to PDJ to wax philosophically. On April 19,...




July 17, 07:16 AM   /   Althouse   /   "More than 6 in 10 Mexicans say migrants are a burden on their country because they take jobs and benefits that should belong to Mexicans."

"A 55 percent majority supports deporting migrants who travel through Mexico to reach the United States. Those findings defy the perception that Mexico — a country that has sent millions of its own migrants to the United States, sending billions of dollars in remittances — is sympathetic to the s...




July 17, 07:12 AM   /   Legal Profession Blog   /   Raging Bull In ALL CAPS

A sanction of a six-month and a day suspension followed by two years probation was affirmed by the Arizona Supreme Court. An attorney who is suspended for more than six months in Arizona must petition for reinstatement. Part of any...




July 17, 06:56 AM   /   Feminist Law Professors   /   Jill Hasday on “Intimate Lies and the Law”

Jill Hasday’s new book, Intimate Lies and the Law, is out from Oxford University Press on July 24.  She says that deception within intimate relationships is a fascinating topic—especially when it happens to someone else. For more information, you can … Continue reading →




July 17, 06:49 AM   /   Legal History Blog   /   Hasday, Intimate Lies and the Law




July 17, 06:34 AM   /   Althouse   /   "What's your ethnicity?"

The best you can say about this is: awkward rhetorical move. And let me close in on this part, a word salad with one edible nugget... ... she is tired . Wearing quilted armor in 90° heat, Conway tries to deliver her lines. But the newsman won't do the dialogue. Of course he won't! Why would he re...




July 17, 06:03 AM   /   Althouse   /   "A photo went viral of New York representative Alexandria Ocasio-Cortez at the border, as on the other side of the detention center fence stood another Latina woman, a customs officer..."

"... who works for U.S. Customs & Border Protection, which the Internet couldn’t help but dub 'Ice Bae.' The hashtag quickly grew in popularity on Twitter, and while there were some people supporting the woman identified as Kiara Cervante, many users were angry at the inappropriate nickname, ...




July 17, 12:30 AM   /   Legal History Blog   /   




July 17, 12:15 AM   /   Patent Docs   /   UCB, Inc. v. Watson Laboratories Inc. (Fed. Cir. 2019)

By Kevin E. Noonan -- The doctrine of equivalents, a Supreme Court-created patent doctrine of vintage similar to inequitable conduct, arose in Graver Tank & Mfg. Co. v. Linde Air Products Co., 339 U.S. 605 (1950) (an uncharacteristically pro-patent decision by the Court, the doctrine recogniz...




July 16, 11:05 PM   /   Balkinization   /   Further reflections on Super




July 16, 10:09 PM   /   Althouse   /   "The House voted on Tuesday to condemn as racist President Trump’s attacks against four congresswomen of color..."

"... but only after the debate over the president’s language devolved into a bitterly partisan brawl that showcased deep rifts over race, ethnicity and political ideology in the age of Trump," the NYT reports . Some Republicans were... adamant in their defense of Mr. Trump: “What has really happe...




July 16, 09:52 PM   /   Althouse   /   Justice John Paul Stevens has died.

He lived to the age of 99. Linda Greenhouse has a long obituary in the NYT . Excerpt: When he retired in 2010 at the age of 90, Justice Stevens was the second-oldest and the second-longest-serving justice ever to sit on the court. Oliver Wendell Holmes Jr. was about eight months older when he ret...




July 16, 04:42 PM   /   Law & Humanities Blog   /   Arlyck on The Founders' Forfeiture




July 16, 04:38 PM   /   Law & Humanities Blog   /   Zietlow on Slavery, Liberty, and the Right to Contract @ProfessorRZ




July 16, 03:03 PM   /   Brian Leiter's Law School Reports   /   It's good the AALS has created a new website about careers in law teaching...

...but not so good that they simply pilfered Prof. Lawsky's data (without even crediting her by name). Professor Lawksy comments here.




July 16, 11:59 AM   /   Legal Profession Blog   /   Ignorance No Defense In British Columbia

The Law Society of British Columbia Hearing Panel rejected ignorance of ethical obligations as a defense to the rule violations of having the client (a now-deceased close friend of his mother) name him a beneficiary in her will and accepting...




July 16, 11:55 AM   /   Althouse   /   At the Lunchtime Café...

... take a walk on the dappled path. (Or — if you must shop — think of using The Althouse Portal to Amazon. I don't really know what "prime day" is, but I read at Instapundit this morning that there were bargains "out the wazoo." I didn't even know that Amazon had a wazoo.)




July 16, 11:28 AM   /   Law & Humanities Blog   /   Craig on English Adrministrative Law History




July 16, 11:08 AM   /   Althouse   /   "Pottery Barn is releasing a new collection inspired by Friends, including accessories, furniture and tabletop items."

"The items [include] the Pottery Barn apothecary table that Rachel convinced Phoebe was a one-of-a-kind antique in a legendary Season 6 episode titled – wait for it – 'The One with the Apothecary Table.' In that classic, Rachel bought the table from a Pottery Barn catalog, and then, upon learning...




July 16, 10:33 AM   /   Althouse   /   With certain topics, mainstream media completely forgets about the issue of climate change.

At least the first commenter brings it up: "Also: climate change still exists." The article, in The Washington Post, is "Airfare is dropping — and you can enjoy the trend through September." It's a gung-ho promotion of air travel. You should do it because it's cheap, and there's not one word of c...




July 16, 10:17 AM   /   Neuroethics & Law Blog   /   "Neurobionic Revenge Porn and the Criminal Law: Brain-Computer Interfaces and Intimate Image Abuse" by Vincent, Nadelhoffer, and McCay

Nicole Vincent, Thomas Nadelhoffer, and Allan McCay (University of Sydney) have published "Neurobionic Revenge Porn and the Criminal Law: Brain-Computer Interfaces and Intimate Image Abuse" on SSRN. Here is the abstract: Brain computer interfaces make possible a form of neurobionic...




July 16, 10:15 AM   /   Althouse   /   "The Justice Department will not bring federal charges against a New York City police officer in the death of Eric Garner, ending a yearslong inquiry..."

"... into a case that sharply divided officials and prompted national protests over excessive force by the police, according to three people briefed on the decision....  A state grand jury declined to bring charges against Officer Pantaleo in December 2014.... But a federal investigation int...




July 16, 09:27 AM   /   Althouse   /   "How hot is too hot? Will we be, like, ow! all the time?"




July 16, 09:10 AM   /   Althouse   /   Marianne Williamson is polling higher than Cory Booker, Tulsi Gabbard, Kirsten Gillibrand, and Jay Inslee...

I say out loud (as I read about a new poll of registered voters in New Hampshire). The response from Meade was singing: "Hey, Marianne, what's your game now, can anybody play?" Based on: It's a pretty small poll — only 390 respondents — but it's fascinating that Marianne Williamson got 1.5%,...




July 16, 09:01 AM   /   Legal Profession Blog   /   When A Parent/Lawyer Helps A Criminally-Charged Child

An attorney whose son was charged with first degree murder was publicly censured by the Tennessee Board of Professional Responsibility for failing to advise law enforcement when he appeared at her home on the afternoon that the charges were filed....




July 16, 08:42 AM   /   Althouse   /   Biden's entry in the game of words.

Joe Biden: "There has never been a President in American history who has been so openly racist and divisive as this man." pic.twitter.com/5KmkeT0q5C — The Hill (@thehill) July 15, 2019 How well did Biden do? Pick what's closest to your reaction after watching the video clip. He's ...




July 16, 08:10 AM   /   Althouse   /   "The Democrat Congresswomen have been spewing some of the most vile, hateful, and disgusting things ever said by a politician in the House or Senate, & yet they get a free pass..."

"... and a big embrace from the Democrat Party. Horrible anti-Israel, anti-USA, pro-terrorist & public..... .... .....shouting of the F...word, among many other terrible things, and the petrified Dems run for the hills. Why isn’t the House voting to rebuke the filthy and hate laced things the...




July 16, 05:26 AM   /   Dorf on Law   /   Civilization and Taxes, Through an English Lens




July 16, 12:30 AM   /   Legal History Blog   /   File on the Telegraph and Libel in the Progressive era




July 15, 08:17 PM   /   Althouse   /   At the Windowbox Basil Café...

... you can pick your topic.




July 15, 03:47 PM   /   Althouse   /   Why are Alexandra Ocasio-Cortez, Ilhan Omar, Rashida Tlaib, and Ayanna S. Pressley called "The Squad"?

I keep seeing the term without an explanation of its origin. It wasn't easy to Google — especially with all the clutter having to do with Trump's recent tweets, which we're already discussing here . This post is just about the term "The Squad." I decided to search the NYT archive for the 4 names ...




July 15, 03:27 PM   /   Balkinization   /   Can the House Hold the President in Contempt?




July 15, 02:47 PM   /   Empirical Legal Studies   /   Cognitive Bias, Judges, and Evidence Admissibility Contests

While research on individuals' susceptibility to various cognitive biases has blossomed over the years, the application of this particular research to judges and their decisions is less well-developed. A recent paper by Jeffrey Segal et al. (Stony Brook--Poli Sci), The...




July 15, 02:39 PM   /   Legal Profession Blog   /   A Second Bite Reduces Three-Year Suspension To Reprimand

Reciprocal discipline - a sanction imposed in response to the discipline imposed by another tribunal - is grounded in principles of collateral estoppel. An attorney is entitled to one fair bite at the apple and - as a general proposition...




July 15, 02:13 PM   /   Balkinization   /   Practical and Idealistic Themes in Political Reform




July 15, 01:11 PM   /   TRUTH ON THE MARKET   /   The Third Circuit’s Oberdorf v. Amazon opinion offers a good approach to reining in the worst abuses of Section 230

[Note: A group of 50 academics and 27 organizations, including both myself and ICLE, recently released a statement of principles for lawmakers to consider in discussions of Section 230.] In a remarkable ruling issued earlier this month, the Third Circuit Court of Appeals held in Oberdorf v. Amazo...




July 15, 11:23 AM   /   Feminist Law Professors   /   @RebelCityPod on a Really, Really Important Scottish Feminist You Probably Never Read About

Via freelance journalist Alex Tiffin (@RespectisVital), I got pointed to the Rebel City Podcast, a podcast made in Glasgow by Paul Shields and Matt Diamond.  On a recent episode, the podcast featured Ray Barron-Woolford (@Raywoolford), the author of a new … Continue reading →




July 15, 11:21 AM   /   Althouse   /   "Law Profs Weigh In: What Is The Appropriate Response When A White Student Wears A MAGA Hat In Class?"

Lawprof Paul Caron follows up on his earlier post, "What Should A Black Law Professor Do When A White Student Wears A MAGA Hat In Class?" I passed on blogging this story earlier, and I'm trying to remember exactly why. Was it that I knew the young lawprof was going to get slammed and I'd have to ...




July 15, 11:06 AM   /   Legal Profession Blog   /   Doctor May Be Liable To Third Party After Blown STD Diagnosis

The Connecticut Supreme Court has held that a doctor may be liable to a third party infected with an STD after he had mistakenly informed the patient he was free of infection The principal issue in this appeal is whether...




July 15, 11:00 AM   /   Legal History Blog   /   Spitzer on Washington State's Blanket Primary




July 15, 10:48 AM   /   Legal Profession Blog   /   Apples And Oranges, Utah And New Jersey

In line with the preceding post, a reciprocal discipline opinion where a short suspension had been imposed in Utah for misappropriation is summarized in this headnote from the New Jersey Supreme Court In this ethics proceeding, the Court considers whether...




July 15, 10:47 AM   /   Law & Humanities Blog   /   Call For Papers: Applied Feminism and Privacy, Twelfth Feminist Legal Theory Conference, April 2-3, 2020




July 15, 10:33 AM   /   Feminist Law Professors   /   CFP: 12th Feminist Legal Theory Conference at University of Baltimore School of Law: Applied Feminism and Privacy – Deadline 11/1

From colleagues at the University of Baltimore: The Center on Applied Feminism at the University of Baltimore School of Law seeks paper proposals for the Twelfth Feminist Legal Theory Conference.  We hope you will join us for this exciting conference on … Continue reading →




July 15, 10:32 AM   /   Althouse   /   "One day in early June, Kamala Harris, the junior senator from California, tapped the glass of the bakery case at a Blue Bottle coffee shop on a non-iconic block in Beverly Hills."

"No one seemed to know who she was—another polished professional woman, grabbing an afternoon coffee—which was fine by her. She had chosen the spot, presumably for the anonymity. A few minutes later, her body woman delivered her a cookie: caramel chocolate chip, covered in a light snowfall of fla...




July 15, 10:03 AM   /   Feminist Law Professors   /   Margaret Johnson (@ProfMEJohnson1) is @UBaltLaw’s First Associate Dean for Experiential Education

Margaret Johnson has been appointed as the University of Baltimore School of Law’s first Associate Dean for Experiential Education. Readers of this blog may know Professor Johnson as the School’s Co-Director (with Michele Gilman) of the Center on Applied Feminism. She … Continue...




July 15, 09:57 AM   /   Legal History Blog   /   VanderVelde on the 13th Amendment and Master-Servant law




July 15, 08:31 AM   /   Althouse   /   Josh Marshall applies "a hermeneutic of suspicion" to the what seems to be a decision by the US Attorney's Office in Manhattan to close its investigation into the Trump Organization without filing charges.

He comes up with this: US Attorney Geoffrey Berman had to recuse himself from the Trump-related investigations because of his ties to the President. Supervision was undertaken by the Deputy US Attorney Robert S. Khuzami. But he left the US Attorney’s office in late March of this year. A month ear...




July 15, 08:16 AM   /   Althouse   /   "If 'Maple' is a kind of real-life 'Rosebud,' for Jeffrey Epstein, then maybe his money is not the root of all his evil."

"Maybe Epstein’s particular evil is not just rooted in his wealth and the arrogance it engendered, but in whatever happened in those years while he was raised on Maple Avenue by a mother and father who seemed to their neighbors to harbor only humility and decency." Maybe maybe maybe! Articles mus...




July 15, 08:10 AM   /   Dorf on Law   /   Ted Cruz and Other Right-Wing Trolls Say that Democrats are the Real Racists Because They Used to Be




July 15, 07:05 AM   /   Althouse   /   Let's look at Trump's now-infamous question, "Why don’t they go back and help fix the totally broken and crime infested places from which they came."

It is a question, isn't it? There's no question mark. That makes it feel more like an imperative. It reminds me of the saying I remember from the Vietnam Era, "America, love it or leave it." Here's the entire statement — a tripartite tweet ( 1 , 2 , 3 ): So interesting to see 'Progressive' Democr...




July 15, 06:15 AM   /   Althouse   /   The asserted requirement that your "voice" must align with the color of your skin.

When stereotyping is not just okay but mandatory : Rep Ayanna Pressley (D-MA) “We don’t need any more brown faces that don’t want to be a brown voice. We don’t need black faces that don’t want to be a black voice. We don’t need Muslims that don’t want to be a Muslim voice. We don’t need queers th...




July 15, 06:08 AM   /   Althouse   /   "You know, I've been told to go back to where I came from"/"What? Indiana?"

Overheard at Meadhouse.




July 15, 12:59 AM   /   Patent Docs   /   Athena Diagnostics v. Mayo Collaborative Services -- The Concurrences

By Donald Zuhn -- On July 3, the Federal Circuit issued a per curiam Order in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, denying a petition for rehearing en banc filed by Plaintiffs-Appellants Athena Diagnostics, Inc., Oxford University Innovation Ltd., and the Max-Planck-Gesel...




July 14, 09:25 PM   /   Balkinization   /   What's newsworthy, or important, about the President's racist tweet-storm? (Short answer: It's not anything about Trump himself.)




July 14, 08:48 PM   /   Althouse   /   At the Bee Balm Café...

... you can talk about whatever you want.




July 14, 04:17 PM   /   Crooked Timber   /   Sunday photoblogging: flower




July 14, 01:00 PM   /   Legal Profession Blog   /   The Nixon Offense: John McCain And Mormon Basketball

The Utah Supreme Court affirmed the grant of summary judgment to a defendant for (basketball) court injuries. At the outset of the oral argument in our court in this case, counsel for the appellee presented a quote from the late...




July 14, 12:20 PM   /   Legal Profession Blog   /   Using Bar Discipline As A Offensive Weapon

A bar discipline case initiated by opposing counsel has led to a reprimand by the New Jersey Supreme Court. Lockheed Martin was the defendant in a toxic tort claim. The bar complaint was filed after the issue of whether plaintiff's...




  

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