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.
October 31, 01:28 AM / Crooked Timber / Brands of Nonsense
That’s the title of a piece of mine the Chronicle of Higher Education ran a little while ago. It’s paywalled but they have graciously given me permission to republish it here. A little while ago, the University of Warwick was in the news for all the wrong reasons. Its longst...
October 31, 12:30 AM / Legal History Blog / Ernst, Cherba & Sprengelmeyer's "Wadena Rock Festival"
October 31, 12:22 AM / How Appealing / "NY State blesses 'incest' marriage between uncle, niece"
"NY State blesses 'incest' marriage between uncle, niece": The New York Post has an article that begins, "The state's highest court has toppled a cultural taboo -- legalizing a degree of incest, at least between an uncle and niece -- in a unanimous ruling." You can access Tuesday's ruling of the ...
October 31, 12:11 AM / Patent Docs / Patent Litigation Reform -- Will the Outcome of the Mid-Term Elections Matter, and Is Reform Still Necessary?
By Andrew Williams -- Unless you have been hiding under a rock, you are probably aware that mid-term elections are next Tuesday. And the issue on every voter's mind is obviously patent litigation reform. In all seriousness, even though the subject of patent reform has not been raised in most race...
October 30, 11:54 PM / How Appealing / "Free Expression, In-Group Bias, and the Court's Conservatives: A Critique of the Epstein-Parker-Segal Study."
"Free Expression, In-Group Bias, and the Court's Conservatives: A Critique of the Epstein-Parker-Segal Study." Law professor Todd E. Pettys has posted this article online at SSRN (via " Legal Theory Blog ").
October 30, 11:48 PM / How Appealing / "How the Supreme Court Should Resolve Zivotofsky"
"How the Supreme Court Should Resolve Zivotofsky": Jack Goldsmith has this post today at the "Lawfare" blog. And today at "Just Security," Marty Lederman has a post titled " The Article I argument in Zivotofsky ."
October 30, 11:37 PM / How Appealing / "Appeals Court Revives Junk Fax Class Action Against Pomano Dentist"
"Appeals Court Revives Junk Fax Class Action Against Pompano Dentist": Daily Business Review has this report on the ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today. You can freely access the full text of the article via Google .
October 30, 11:14 PM / How Appealing / "Challenges to the Affordable Care Act: Panelists talked about court cases challenging the Internal Revenue Service's interpretation of the Affordable Care Act."
"Challenges to the Affordable Care Act: Panelists talked about court cases challenging the Internal Revenue Service's interpretation of the Affordable Care Act." C-SPAN has posted online at this link the video of an event that the Cato Institute hosted today.
October 30, 11:03 PM / How Appealing / "Artists Win Circuit Rehearing of Calif Royalty Law"
"Artists Win Circuit Rehearing of Calif Royalty Law": Pamela A. MacLean has this post at her "Trial Insider" blog about an order granting rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued today.
October 30, 10:56 PM / Balkinization / Structuring Families, Structuring Race
October 30, 10:54 PM / How Appealing / "Court: Strippers were club employees, could be owed millions."
"Court: Strippers were club employees, could be owed millions." The Las Vegas Sun has this news update . And The Associated Press reports that " Nevada court says Strip club dancers are employees ." You can access today's ruling of the Supreme Court of Nevada at this link .
October 30, 10:32 PM / How Appealing / "U.S. lawsuit vs Hartford police who fatally shot dog is revived"
"U.S. lawsuit vs Hartford police who fatally shot dog is revived": Jonathan Stempel of Reuters has this report . And The Associated Press has a report headlined " Court: Illegal police search led to dog death ." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at ...
October 30, 10:16 PM / SCOTUSblog / Petition of the day
The petition of the day is: Walker v. Texas Division, Sons of Confederate Veterans, Inc. 14-144 Issue: (1) Whether the messages and images that appear on state-issued specialty license plates qualify as government speech immune from any requirement of viewpoint neutrality; and (2) whether Texas e...
October 30, 07:19 PM / Althouse / White tree.
October 30, 07:15 PM / Althouse / "The men who are sitting in their offices or in cafes watching this video will... be able to comfortably assure themselves that they don’t have time to sit on hydrants..."
"... in the middle of the day and can’t properly pronounce 'mami.' They might do things to women that are worse than catcalling, but this is not their sin." Says Hanna Rosin , analyzing the racial politics of that woman-walking-down-the-street viral video.
October 30, 07:10 PM / Althouse / "Beyond Taibbi's behavior, whatever it might have been, it really sounds like Omidyar has no idea what he wants to do with the company."
"That really bodes ill for The Intercept."
October 30, 07:08 PM / Althouse / "Keats said I was right to invite him: due to its glutinous texture, gluey..."
"... lumpishness, hint of slime, and unusual willingness to/disintegrate, oatmeal must never be eaten alone."
October 30, 06:22 PM / How Appealing / In recent installments of Dahlia Lithwick's "Amicus" podcasts on Slate
In recent installments of Dahlia Lithwick's "Amicus" podcasts on Slate: Episode two was titled " Let's Salsa With Sotomayor: Dahlia Lithwick on the Supreme Court's second week and a new biography of the court's first Latina justice ." And episode three was titled " Revenge of the Octogenarians: D...
October 30, 06:16 PM / How Appealing / "Why Whirlpool's win in moldy washer trial vindicates consumer class actions"
"Why Whirlpool's win in moldy washer trial vindicates consumer class actions": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
October 30, 06:16 PM / Althouse / "Why Don’t We Eat Swans Anymore?"
"[R]oast swan was a favored dish in the courts of Henry VIII and Elizabeth I, particularly when skinned and redressed in its feathers and served with a yellow pepper sauce," writes Monica Kim in Modern Farmer . Swans have been the property of the Crown since around the twelfth century, but Edward...
October 30, 06:12 PM / Neuroethics & Law Blog / PEBS Neuroethics Roundup (JHU)
Last Edition's Most Popular Article(s): New Antidepressant: Rapid Agent Restores Pleasure-Seeking Ahead of Other Antidepressant Action, ScienceDaily Upcoming Event: International Neuroethics Society Annual Meeting Washington, D.C. November 13-14, 2014 In The Popular Press: Your Brain’s Response t...
October 30, 06:10 PM / How Appealing / "Disagree in Good Faith? Sonia Sotomayor pushes other Supreme Court justices past their comfort zones."
"Disagree in Good Faith? Sonia Sotomayor pushes other Supreme Court justices past their comfort zones." John Paul Rollert has this jurisprudence essay online at Slate.
October 30, 05:40 PM / How Appealing / "Supreme Court set to hear momentous whistleblower case"
"Supreme Court set to hear momentous whistleblower case": Jeremy P. Jacobs of Greenwire has this report .
October 30, 05:36 PM / How Appealing / "Justices consider Texas rape-murder case"
"Justices consider Texas rape-murder case": Mark Sherman of The Associated Press has this report .
October 30, 04:49 PM / Legal History Blog / Legal Discourse in Vichy France and Nazi Germany
October 30, 04:27 PM / Discourse.net / Unicorn Sighting: I Agree With Judge Silberman
Silberman says he has long thought FISA court was unconstitutional b/c judges shouldn’t make policy #privacyact & they become rubber-stamps — Dan Froomkin (@froomkin) October 30, 2014
October 30, 04:11 PM / PrawfsBlawg / An Anatomy of the Death of the Kibbutz: Review of Amos Oz, Between Friends
My grandmother Dora and her sister Batya were the sole survivors (so we thought, years later, a brother would emerge in Ukraine) of their family, having both moved to Palestine before the war. But Dora and Batya could not have had more different paths in their new life in the new state of Israel....
October 30, 03:57 PM / The Faculty Lounge / Dear Voter
Goodness, voting mail shenanigans are in the news. I hope to find time to blog about this experiment that has got political scientists at Dartmouth and Stanford in hot water. But for now, a quick post on another technique—this one...
October 30, 03:06 PM / Althouse / At the Orange Café...
... feel free to talk about whatever subjects I have failed to raise for your commentary thus far today. And, by the way — stop me if you've heard this — you can support this blog — if that's something you'd like to do — by doing your Amazon shopping going in through The Althouse Portal .
October 30, 03:02 PM / SCOTUSblog / Argument preview: Racial gerrymandering, partisan politics, and the future of the Voting Rights Act
The Supreme Court has long ignored Justice Felix Frankfurter’s warning to stay out of the political thicket. It regularly hears challenges to redistricting cases (not to mention lots of other types of election cases), raising issues from the one-person, one-vote rule to vote dilution under the Vo...
October 30, 03:02 PM / Althouse / "10 Hours of Walking in NYC as a Man."
10 Hours of Walking in NYC as a Man - watch more funny videos
October 30, 02:49 PM / PrawfsBlawg / A Mistake Regarding Korematsu
Thanks to Ilya Somin for his additional comments in our "debate" about whether Justice Thomas's jusrisprudence would support Korematsu. Respectfully though, Ilya is factually incorrect in saying neither Mr. Korematsu nor other interned Japanese-Americans were convicted of any crimes. Here is what...
October 30, 02:40 PM / How Appealing / "Whirlpool wins first trial over 'moldy' washers"
"Whirlpool wins first trial over 'moldy' washers": Reuters has this report .
October 30, 02:24 PM / Althouse / "Is Social Psychology Biased Against Republicans?"
Apparently, it is.
October 30, 02:15 PM / PrawfsBlawg / Gun Control Targeting Dangerous Symptoms
New York has revoked gun rights for over 40,000 people deemed dangerous by mental health professionals. Are all of these people really dangerous? Are other people who fear losing their gun rights deterred from seeking help? These questions suggest a differently targeted alternative: empower law e...
October 30, 02:10 PM / How Appealing / "State high court to take up issue of police personnel files"
"State high court to take up issue of police personnel files": Bob Egelko has this article in today's edition of The San Francisco Chronicle.
October 30, 02:02 PM / Balkinization / Strengthening Families Close to Home
October 30, 02:00 PM / How Appealing / "PA Supreme Court vacancies to be filled by Tom Corbett or Tom Wolf"
"PA Supreme Court vacancies to be filled by Tom Corbett or Tom Wolf": Steve Esack has this article in today's edition of The Morning Call of Allentown, Pennsylvania. In today's edition of The Pittsburgh Post-Gazette, Karen Langley has an article headlined " McCaffery's resignation from Pennsylvan...
October 30, 12:41 PM / Sports Law Blog / Brotherly Conflict of Interest in New Jersey Sports Betting Case?
October 30, 12:30 PM / Workplace Prof Blog / UPS Policy Change
Yesterday the Washington Post reported that UPS has changed its policy about providing light duty assignments to pregnant employees. The link to the story is here: http://www.washingtonpost.com/blogs/she-the-people/wp/2014/10/29/with-supreme-court-case-pending-ups-reverses-policy-on-pregnant-work...
October 30, 12:11 PM / Althouse / "This astonishing photograph shows [9-year-old] Axel Moss cowering in fear..."
"... as the 3-foot tall winged monster lunged towards him."
October 30, 12:03 PM / Althouse / "Nurse Kaci Hickox left her Maine home Thursday morning for a bicycle ride with her boyfriend as police could only watch."
"'It's a beautiful day for a bike ride,' the defiant nurse cheered to assembled reporters as she and Theodore Wilbur wheeled off." "You could hug me. You could shake my hand. I would not give you Ebola... I’m not willing to stand here and let my civil rights be violated when it’s not science-base...
October 30, 12:00 PM / Althouse / "These women have been treated like cattle."
"They have been subjected to physical and sexual violence, including systematic rape and sex slavery. They've been exposed in markets in Mosul and in Raqqa, Syria, carrying price tags."
October 30, 11:53 AM / Legal Profession Blog / Twilight Time
The Illinois Review Board has recommended disbarment of attorney who took funds from a client's trust. The findings In 1987, Marion Moran ("Moran") executed a trust agreement. In 2004, she amended the agreement to name Respondent, her attorney, as a...
October 30, 11:40 AM / Althouse / "Rather than try to train their provosts and professors to act like prosecutors," Colleges are outsourcing their investigation of sexual assault to former prosecutors.
NPR reports: "The phone starts ringing, you know, the first day after Labor Day, and I sort of joke that I'm like legal 911," Perkins says. The schools are "stressed like you cannot believe," [said Djuna Perkins is a former prosecutor who is now an investigator-for-hire]. ...
October 30, 11:40 AM / Althouse / "Rather than try to train their provosts and professors to act like prosecutors," colleges are outsourcing their investigation of sexual assault to former prosecutors.
NPR reports: "The phone starts ringing, you know, the first day after Labor Day, and I sort of joke that I'm like legal 911," Perkins says. The schools are "stressed like you cannot believe," [said Djuna Perkins is a former prosecutor who is now an investigator-for-hire]. ...
October 30, 11:39 AM / Legal Profession Blog / Book Is Thrown At Removed Judge
A county court judge has been removed from office by order of the Florida Supreme Court. Among the findings of misconduct were issues relating to the sale of her self-published book After considering all the evidence presented, the Hearing Panel...
October 30, 11:30 AM / How Appealing / "Supreme Court to decide if boy can list 'Israel' as passport birthplace"
"Supreme Court to decide if boy can list 'Israel' as passport birthplace": Bill Mears of CNN.com has this report .
October 30, 11:28 AM / How Appealing / "Constitution Check: Do the federal courts lack the authority to rule on same-sex marriage?"
"Constitution Check: Do the federal courts lack the authority to rule on same-sex marriage?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
October 30, 11:26 AM / Conglomerate / Starting Silicon Valley South? Atlanta Tech Village
Last week I visited Atlanta Tech Village, which opened last year in Buckhead and is founded and funded by David...
October 30, 10:56 AM / How Appealing / "The Revenge Of Mitch McConnell: GOP Senate Will Halt Obama Nominations."
"The Revenge Of Mitch McConnell: GOP Senate Will Halt Obama Nominations." Sahil Kapur of TPM DC has this report today.
October 30, 10:55 AM / Althouse / "A 29-year-old terminal cancer sufferer who had previously spoken of her plan to take her life on November 1 has had a change of heart."
"In a video released on Wednesday, Brittany Maynard said she hasn't decided when she'll end her life, but it remains a decision that she's determined to make before getting too ill."
October 30, 10:54 AM / Balkinization / Benjamin Gregg on Human Rights
October 30, 10:52 AM / How Appealing / "Obamacare Faces New Threat as Supreme Court Weighs Appeal"
"Obamacare Faces New Threat as Supreme Court Weighs Appeal": Greg Stohr of Bloomberg News has this report .
October 30, 10:39 AM / Althouse / Wisconsin State Journal runs the Trek-fired-Burke story.
The article "Former Trek executive says Mary Burke was forced out in mid-1990s" went up about a half hour ago. Yesterday, we saw this story on a clearly conservative website, and I think it's significant that it has now passed through the journalistic filters of this mainstream newspaper. (For re...
October 30, 09:31 AM / PrawfsBlawg / Scholarly productivity, generational change, and empirical data
Following on my earlier post and Orin's follow-up: A colleague* shares this 1998 article by Deborah Merritt (Ohio State). The focus of the study is the connection between excellence in scholarship and in teaching.** But the piece studied faculty hired between 1986-90 and that cohort's scholarly p...
October 30, 09:30 AM / How Appealing / In news coverage of the oral argument I participated in yesterday
In news coverage of the oral argument I participated in yesterday: P.J. D'Annunzio of The Legal Intelligencer reports that " Federal Preemption Debated in Topamax Cases ." You can freely access the full text of the article via Google . And Matt Fair of Law360.com reports that " Pa. Superior Court...
October 30, 09:30 AM / Althouse / Why is the NYT exposing the Democratic Party's pandering to black people?
The top story at its website since last night begins: In the final days before the election, Democrats in the closest Senate races across the South are turning to racially charged messages — invoking Trayvon Martin’s death, the unrest in Ferguson, Mo., and Jim Crow-era segregation — to jolt Afric...
October 30, 09:30 AM / Legal History Blog / Hackney on Calabresi and Contemporary American Legal Theory
October 30, 08:59 AM / Althouse / "Ebola is a lot easier to catch than health officials have admitted..."
"... and can be contracted by contact with a doorknob contaminated by a sneeze from an infected person an hour or more before...." That article, the top link at Drudge right now, makes the same point I focused on last week in a post titled "Ebola and the wet-dry distinction."
October 30, 08:55 AM / Empirical Legal Studies / Ebola, Constitutional Law, Risk, and Data
My Cornell colleague and leading constitutional law scholar, Mike Dorf, has an interesting and provocative post (here) that speaks to the array (and growing number) of state quarantine measures responding to the Ebola crisis. The ELS angle, of course, is...
October 30, 08:36 AM / Conglomerate / What Does The World Series Mean For Baseball Analytics?
Congratulations to the Giants on winning the World Series, one of the two least statistically inclined teams in baseball, the...
October 30, 08:13 AM / SCOTUSblog / Thursday round-up
Briefly: In the ABA Journal, Mark Walsh previews next week’s oral argument in Yates v. United States, in which the Court will consider the case of a commercial fisherman convicted of violating the anti-shredding provision of the Sarbanes-Oxley Act for the destruction of several undersized fish. I...
October 30, 08:00 AM / proSOXblog - Headline News / SEC v. Cole: Failure to Cooperate with Court Orders
In SEC v. Cole , No. 12-cv-8167 (RJS), 2014 BL 263123 (S.D.N.Y. Sept. 22, 2014), the United States District Court for the Southern District of New York granted the Securities and Exchange Commission’s (“SEC”) motion for relief against Defendants Lee Cole and Linden Boyne (&ldquo...
October 30, 01:48 AM / PrawfsBlawg / On Being Sued, 3
In the last few days, there's been lots of good discussion about tenure and the role of scholarship in the tenure process. It reminds me that, before it was the subject of litigation, Of Meat and Manhood was my first post-tenure paper. I made a promise to myself that, once I had tenure, I would w...
October 30, 12:59 AM / Patent Docs / President and Fellows of Harvard College v. Lee (Fed. Cir. 2014)
By Kevin E. Noonan -- One of the most iconic inventions of the biotechnology era is the "Harvard Oncomouse" invented by Philip Leder and Timothy Stewart in the early 1980's. One of the first transgenic mice transformed with DNA encoding something other than a mammalian virus, these mice were susc...
October 30, 12:30 AM / Legal History Blog / Tirres on Collins, "Illegitimate Borders"
October 30, 12:01 AM / Dorf on Law / Is There Any Risk of Ebola Transmission from an Asymptomatic Person?
by Michael Dorf Absent breaking news that takes me in a different direction, I expect that next week I'll have another Ebola quarantine column on Verdict that attempts to put some of the legal controversy in a broader context, but here I want to note my frustration over the failure of even the re...
October 29, 11:44 PM / How Appealing / "Comcast agrees to settle 10-year-old class-action suit"
"Comcast agrees to settle 10-year-old class-action suit": The Philadelphia Inquirer has this news update .
October 29, 11:32 PM / How Appealing / "Amendment 3 would let outgoing governor name judges -- an unnecessary power, critics say"
"Amendment 3 would let outgoing governor name judges -- an unnecessary power, critics say": The Tampa Bay Times has an article that begins, "Florida voters are being asked to approve a little-noticed amendment to the state Constitution that would rewrite the way judges are appointed to the state'...
October 29, 11:03 PM / How Appealing / "More turmoil for House GOP lawsuit against Obama"
"More turmoil for House GOP lawsuit against Obama": Josh Gerstein and Maggie Haberman of Politico.com have this report .
October 29, 10:56 PM / How Appealing / "Yates, A Fishy Case"
"Yates, A Fishy Case": Richard M. Re has this post at "Re's Judicata."
October 29, 10:55 PM / How Appealing / "Virginia Supreme Court hears Yelp Internet speech case"
"Virginia Supreme Court hears Yelp Internet speech case": Frank Green has this article in today's edition of The Richmond Times-Dispatch.
October 29, 10:52 PM / How Appealing / "SCOTUSblog on camera: Laurence H. Tribe (Part six)."
"SCOTUSblog on camera: Laurence H. Tribe (Part six)." "SCOTUSblog" has this post today.
October 29, 10:47 PM / How Appealing / "The Supreme Court Should Stay Far Away from the Vesting Clause in Zivitofsky"
"The Supreme Court Should Stay Far Away from the Vesting Clause in Zivitofsky ": Julian Davis Mortenson has this post today at the "Lawfare" blog.
October 29, 10:42 PM / How Appealing / "Danger Zone: A Supreme Court Misstep On Voting Rights."
"Danger Zone: A Supreme Court Misstep On Voting Rights." Linda Greenhouse has this essay online at The New York Times.
October 29, 10:24 PM / How Appealing / "Wearing unearned medal can be a crime; free-speech claim rejected"
"Wearing unearned medal can be a crime; free-speech claim rejected": Bob Egelko of The San Francisco Chronicle has this news update . And Courthouse News Service reports that " 'Stolen Valor' Precedent Won't Help Lying Marine ." You can access today's ruling of the U.S. Court of Appeals for the N...
October 29, 10:15 PM / SCOTUSblog / Petition of the day
The petition of the day is: Berger v. American Civil Liberties Union of North Carolina 14-35 Issue: Whether the government speech doctrine permits the state of North Carolina to promote its “Choose Life” message through a specialty license plate program over which it exercises complete and effect...
October 29, 09:27 PM / How Appealing / "Court of Appeal rules that Section 377A that criminalises sex between men is constitutional"
"Court of Appeal rules that Section 377A that criminalises sex between men is constitutional": The Straits Times of Singapore has this report . And Bloomberg News reports that " Singapore's Ban on Gay Male Sex Is Upheld by Top Court ." The ruling of Singapore's Court of Appeal does not yet appear...
October 29, 07:48 PM / Althouse / At the Larch Café...
... you can talk about whatever you want.
October 29, 07:10 PM / Balkinization / Families in the Legal Ecosystem: Thinking Globally, How Do We Act Locally?
October 29, 06:58 PM / Althouse / "Students Nationwide Carry Mattresses to Protest Campus Rape."
It's the "Carry That Weight" protest. I presume the name "Carry That Weight" is meant to evoke the Beatles song by that title , which addresses not a female but "Boy." I never really understood why the boy in the song had to carry a weight "a long time" or even what the weight was: I never give y...
October 29, 06:46 PM / How Appealing / "In Passport Case, Alyza Lewin Steps Into Her Father's Shoes"
"In Passport Case, Alyza Lewin Steps Into Her Father's Shoes": Tony Mauro of The National Law Journal has this Supreme Court Brief . You can freely access the full text of the article via Google .
October 29, 06:44 PM / How Appealing / "Missouri man's execution on hold indefinitely"
"Missouri man's execution on hold indefinitely": The Associated Press has this report .
October 29, 06:42 PM / Out of the Jungle / Isaac Asimov on Creativity
October 29, 06:40 PM / How Appealing / "Outside money pouring into state Supreme Court race"
"Outside money pouring into state Supreme Court race": The Chicago Tribune has this report . And the subject of today's broadcast of The Diane Rehm Show was " Campaign Spending On State Judicial Elections ."
October 29, 06:33 PM / How Appealing / "'As Kim Kardashian is with her husband, I'm not going to keep you long.'"
"'As Kim Kardashian is with her husband, I'm not going to keep you long.'" Today at his "Southern District of Florida Blog," David Oscar Markus has a post that begins, "That was Chief Judge Ed Carnes today at Robin Rosenbaum's investiture. It was a great event with lots of good speeches."
October 29, 06:18 PM / Neuroethics & Law Blog / "What Does It Mean to be a Mechanism? Stephen Morse, Non-Reductivism, and Mental Causation"
Recently published in SSRN (and forthcoming in Criminal Law and Philosophy): "What Does It Mean to be a Mechanism? Stephen Morse, Non-Reductivism, and Mental Causation" KATRINA SIFFERD, Elmhurst College Stephen Morse seems to have adopted a controversial position regarding the...
October 29, 06:16 PM / Neuroethics & Law Blog / "Binding Future Selves"
Recently published in SSRN (and recently published in 75 Louisiana Law Review No. 1 (2014)): "Binding Future Selves" KAIPONANEA T. MATSUMURA, Arizona State University Courts traditionally treat a person entering an agreement as the same person at the time of...
October 29, 06:05 PM / Balkinization / Flourishing Fatherhood
October 29, 05:35 PM / How Appealing / "Can Authorities Cut Off Utilities And Pose As Repairmen To Search A Home?"
"Can Authorities Cut Off Utilities And Pose As Repairmen To Search A Home?" This audio segment -- featuring both Nina Totenberg and Tom Goldstein -- appeared on today's broadcast of NPR's "Morning Edition."
October 29, 05:32 PM / The Faculty Lounge / Above the (Public Health) Law: Healthcare Worker Deception & Disobedience in a Time of Distrust
A physician shall . . . be honest in all professional interactions, and strive to report physicians . . . engaging in fraud or deception, to appropriate entities. —AMA Principles of Medical Ethics This is a troubling series of news...
October 29, 05:30 PM / TRUTH ON THE MARKET / Time for the FTC to Reform its Advertising Substantiation Program
In my just published Heritage Foundation Legal Memorandum, I argue that the U.S. Federal Trade Commission (FTC) should substantially scale back its overly aggressive “advertising substantiation” program, which disincentivizes firms from providing the public with valuable information about the pro...
October 29, 04:55 PM / How Appealing / "Search Party: A 30-year-old loophole increasingly gives police officers a pass when they violate the Fourth Amendment."
"Search Party: A 30-year-old loophole increasingly gives police officers a pass when they violate the Fourth Amendment." Nathan Freed Wessler has this jurisprudence essay online at Slate.
October 29, 04:54 PM / How Appealing / "Health overhaul's subsidies at Supreme Court"
"Health overhaul's subsidies at Supreme Court": Mark Sherman of The Associated Press has this report .
October 29, 04:30 PM / PrawfsBlawg / The "New Normal" and Generational Change
Howard's interesting post below on whether there is a "new normal" for law school tenure standards brings up a broader subject: The different scholarly productivity expectations among law professors over time. In the last generation or two, expectations have changed conserably. Here are some broa...
October 29, 04:26 PM / Workplace Prof Blog / Horton Rises
Although the Fifth Circuit tried to put a stake in the heart of the NLRB's Horton decision, the Board confirmed its vitality today in its opinion in Murphy Oil U.S.A. The bottom line: the NLRB "reaffirmed the D.R. Horton rationale...
October 29, 04:19 PM / The Faculty Lounge / Kentucky Law Journal
From an email message that I received earlier this afternoon: The Kentucky Law Journal is opening an exclusive submission window for articles until November 14, 2014, at 5:00 PM EDT. All papers submitted during this window will be reviewed for...
October 29, 03:58 PM / How Appealing / "Ala. judge's spousal abuse case has some seeking his resignation"
"Ala. judge's spousal abuse case has some seeking his resignation": This video segment , featuring disturbing audio from the wife's 911 call from the hotel room, appeared on yesterday's broadcast of the CBS Evening News.
October 29, 03:20 PM / Neuroethics & Law Blog / Interesting Study on Deception
When given an opportunity to question people about cheating, we may not be so bad after all at assessing credibility. See the research ("Expertise in Deception Detection Involves Actively Prompting Diagnostic Information Rather Than Passive Behavioral Observation") summarized here. Abstract...