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.



December 19, 02:17 AM   /   PrawfsBlawg   /   Should En Banc Review Correct Obvious Errors?

There's recently been a lot of discussion about Kosilek v. Spencer, a 3-2 en banc First Circuit decision by Judge Torruella on whether a prisoner has an Eighth Amendment right to sex reassignment surgery. Understandably enough, most of the discussion has focused on the merits of this dispute and ...




December 19, 12:47 AM   /   Patent Docs   /   More Misinformation Regarding the Patent System and Non-Practicing Entities

By Michael Borella and Andrew Williams -- The press has been all too eager to decry the so-called "broken" U.S. patent system and the alleged "scourge" of non-practicing entities (NPEs). However, few if any articles attempt to provide an even-handed analysis of these issues. Recently, Jon Potter ...




December 19, 12:30 AM   /   Patent Docs   /   Court Report

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company v. Sandoz Inc. 1:14-cv-02008; filed December 5, 2014 in the Southern District of Indiana Infringement of U.S. Patent No. 7,772,209 ("Novel Antifolate Combinat...




December 19, 12:30 AM   /   Legal History Blog   /   McSweeney on Pardoning as Almsgiving in Medieval England




December 18, 11:58 PM   /   How Appealing   /   "Whoomp! (There It Is)" on appeal

"Whoomp! (There It Is)" on appeal: Circuit Judge Stephen A. Higginson (whom I had the pleasure of meeting at last month's AJEI Summit in Dallas) issued this ruling today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit . In early news coverage, Law360....




December 18, 11:50 PM   /   How Appealing   /   Second Circuit goes all "in"

Second Circuit goes all "in": Via the Second Circuit's web site , you can access the text of Federal Rule of Appellate Procedure 35 , which governs rehearing en banc. Unwilling to bow to the pressure of conformity, however, today the Second Circuit issued an order granting rehearing "in banc" in ...




December 18, 10:54 PM   /   How Appealing   /   "Terror victims to 2nd Circuit: Let case vs PLO go to trial next month."

"Terror victims to 2nd Circuit: Let case vs PLO go to trial next month." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.




December 18, 10:45 PM   /   How Appealing   /   "Broad liability waivers are 'unconscionable,' paralyzed snowboarder can sue Mt. Bachelor, Supreme Court rules"

"Broad liability waivers are 'unconscionable,' paralyzed snowboarder can sue Mt. Bachelor, Supreme Court rules": Aimee Green of The Oregonian has this news update . And The Associated Press reports that " Oregon high court says injured snowboarder can sue ." You can access today's ruling of the S...




December 18, 10:12 PM   /   How Appealing   /   "Nebraska and Oklahoma Sue Colorado Over Marijuana Law"

"Nebraska and Oklahoma Sue Colorado Over Marijuana Law": Jack Healy will have this article in Friday's edition of The New York Times. The Los Angeles Times reports that " Nebraska, Oklahoma sue Colorado over legal marijuana ." USA Today reports that " Colorado sued by neighboring states over lega...




December 18, 10:10 PM   /   SCOTUSblog   /   Petition of the day

The petition of the day is: Kurtz v. Verizon New York, Inc., fka New York Telephone Company 14-439 Issue: (1) Whether the exhaustion requirements of Williamson County Regional Planning Commission v. Hamilton Bank apply to any constitutional claim – including the procedural due-process claims in t...




December 18, 10:00 PM   /   PrawfsBlawg   /   Unlikely Holiday Films

One of my favorite "unlikely" holiday films, which has many useful teachable moments of clips to use in the classroom, is "Trading Places" (1983). This brilliant film is still one of the best business films ever made, and, personally, I think it's one of Murphy's and Aykroyd's best. It is also an...




December 18, 09:51 PM   /   How Appealing   /   "Does judicial disagreement imply ambiguity?"

"Does judicial disagreement imply ambiguity?" Will Baude had this post yesterday at "The Volokh Conspiracy."




December 18, 09:44 PM   /   How Appealing   /   The American Academy of Appellate Lawyers opposes amending the Federal Rules of Appellate Procedure to reduce the word limits on briefs and to apply a conversion rate of 250 words per page when switching from a page limit to a word limit

The American Academy of Appellate Lawyers opposes amending the Federal Rules of Appellate Procedure to reduce the word limits on briefs and to apply a conversion rate of 250 words per page when switching from a page limit to a word limit: The organization's position paper can accessed at this lin...




December 18, 09:06 PM   /   How Appealing   /   "The value of law reviews to judges"

"The value of law reviews to judges": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.




December 18, 07:54 PM   /   The Faculty Lounge   /   How Low Can You Go, InfiLaw?

When I visited Florida Coastal last spring for my Dean interview, my prescription to turn the school around was drastic. I told them they should immediately rescind offers of admission and refund deposits and application fees for all students with...




December 18, 07:17 PM   /   Crooked Timber   /   My God! It’s Full of Arse!

I think that anyone who sits down to read the Wieseltier decades of critical reviews in The New Republic will notice that at some mysterious philosophical level a great many of those hundreds of essays seem to cohere. It is not because they display a particular ideological bent or follow a politi...




December 18, 06:44 PM   /   SCOTUSblog   /   Florida couples oppose more delay on same-sex marriage

Two groups of Florida same-sex couples, anticipating a chance to get married in less than three weeks, urged the Supreme Court today not to delay that opportunity.  The Court, they argued, should continue its recent refusal to interfere with lower court rulings that have nullified state bans on s...




December 18, 06:00 PM   /   Balkinization   /   New Developments in Originalist Theory




December 18, 05:26 PM   /   Workplace Prof Blog   /   American Apparel CEO Fired

Many of you likely use the example of America Apparel CEO and founder Dov Charney when discussing sex discrimination in class. This CEO has long been publicly accused of sexual harassment in the workplace. Given the creative environment in which...




December 18, 05:09 PM   /   PrawfsBlawg   /   The '60s, ctd.

Responding to how law schools handled testing on emotionally charged issues during the '60s, an alert reader points me to Harvard Law School's exam database, which seems to go back to Langdell. In spring 1970,* Professor Cox's (presumably Archibald) Con Law exam (the link above takes you directly...




December 18, 03:51 PM   /   PrawfsBlawg   /   Civil Procedure "Creativity" Extra Credit

Stealing an idea from Andi Curcio of Georgia State University, which she shared on the Civ. Pro. list serv last year, for the past two years I have allowed my Civil Procedure students to earn extra credit by doing a "creative" project that helps to explain one of the main topics in the course. Ab...




December 18, 03:48 PM   /   Althouse   /   "My thriftiness overwhelmed my modesty, and I removed my T-shirt, stripped off my briefs and marched back to the store."

"If it was hard to buy produce without clothing and with a poor command of the language, it was more difficult to return it. Perhaps the poignant sight of a flat-chested, middle-aged American woman seeking to buy a voluptuous French melon melted the icy heart of the clerk. She found me another wa...




December 18, 03:09 PM   /   Brian Leiter's Law School Reports   /   Lateral hires with tenure, 2014-15

MOVING TO FRONT--ORIGINALLY POSTED AUGUST 22, 2014 These are appointments with tenure that will begin in 2015; I will move this to the front at...




December 18, 03:02 PM   /   How Appealing   /   "SCOTUSblog on camera: Dahlia Lithwick (Part three)."

"SCOTUSblog on camera: Dahlia Lithwick (Part three)." You can view the video via this link .




December 18, 02:56 PM   /   How Appealing   /   Solicitor General files U.S. Supreme Court invitation brief in generic prescription drug failure to update warning label case initiated in California state court

Solicitor General files U.S. Supreme Court invitation brief in generic prescription drug failure to update warning label case initiated in California state court: You can access the CVSG brief filed today in Teva Pharmaceuticals USA, Inc. v. Superior Court of Calif. , No. 13-956, at this link . A...




December 18, 02:46 PM   /   Althouse   /   "Just as people are free to contract, they are also free from contract, and we find it neither prudent nor permissible to impose contractual liability for offhand remarks or grandstanding."

Said the 11th Circuit today, denying $1 million to the law student about whom I said, 5 years ago, "Give this law student a million dollars." A criminal defense lawyer had argued that his client could not have committed the murder he was accused of because the time frame was impossible. From the ...




December 18, 01:44 PM   /   Althouse   /   "I believe that all of what we manifest — all of our brain activity, everything we experience — is due to the way the brain functions."

"This includes self-awareness. Being aware of what's going on around you and the way you are and what you are is an experience. An experience is a mechanism, a processing happening inside your brain. So if you make a copy of all of that processing, then I'm convinced that copy will include self-a...




December 18, 01:00 PM   /   The Faculty Lounge   /   Organs & Inducements

The latest issue of Law & Contemporary Problems is now out and you can access all of the articles in the volume online (see the embedded webpage below, or go here). This issue, edited by Phil Cook and me, features...




December 18, 12:41 PM   /   Althouse   /   "This is the final installment of the Illustrated Scroll of Jack Kerouac’s novel 'On the Road.'"

"I started making one drawing for each page of the book in 2012 and reached the end at page 309 a few weeks ago...." Last month, Paul Slovak, editor at Viking Penguin called to see about publishing the drawings as a book. He had some great ideas about packaging and design and it looked ...




December 18, 12:38 PM   /   Balkinization   /   Hobby Lobby and the question for religious freedom




December 18, 12:03 PM   /   SCOTUSblog   /   SCOTUSblog on camera: Dahlia Lithwick (Part three)

What a Justice says and does not say in public; Justice Ruth Bader Ginsburg’s recent presence in the media; the line in a Justice’s mind between talking law and talking politics; the risk of talking to the media; and what to infer from a Justice’s choice to speak publicly. ̶...




December 18, 11:46 AM   /   Legal Profession Blog   /   Attorney Barred From Pro Se Filings In Disciplinary Matter

The Florida Supreme Court has held that an attorney who has filed abusive pleadings is barred from filing pro se motions in his disciplinary matter. This Court has chosen to sanction pro se respondents who have abused the judicial process...




December 18, 11:41 AM   /   Legal Profession Blog   /   Use Of Trust Account To Aid Son's Business Gets Lawyer Reprimanded

An attorney who allowed his escrow account to be used by his son, who was experiencing financial difficulty in operating a construction business, was publicly reprimanded by the Wisconsin Supreme Court. The court declined to order restitution to the son's...




December 18, 11:16 AM   /   Althouse   /   "'The support of Pope Francis and the support of the Vatican was important to us, given the esteem with which both the American and Cuban people hold the Catholic Church...'"

"'... and in particular Pope Francis who has a substantial history in Latin America and is the first pope to be chosen from Latin America,' a senior administration official said." Obama also discussed the issue at length with the pope during his public visit to the Vatican in March.... Obama is d...




December 18, 11:00 AM   /   Legal History Blog   /   Stern on the Pre-History of the Public Domain




December 18, 11:00 AM   /   Dorf on Law   /   Playing With Scandals: Everything is a Cynical Farce

-- Posted by Neil H. Buchanan Scheduling changes resulted in my writing two Verdict columns this week.  I discussed Tuesday's column in a post on Dorf on Law the same day ,  Turning from "impeachment traps" to torture, today's column compares the substance and the politics of the Senate...




December 18, 10:59 AM   /   Althouse   /   "A New Zealander and two Burmese men have gone on trial in Myanmar on charges of insulting Buddhism."

"The trio, who run a bar in Yangon, are accused over a flyer promoting a drinks event depicting Buddha... with his eyes shut, wearing large headphones, and surrounded by lurid colours. "




December 18, 10:56 AM   /   The Faculty Lounge   /   Find That College Town

A lot of my friends have been helping their high school kids find the best college for them and it involves college trips to various cities and towns around the country. This is something most Aussies don't have to go...




December 18, 10:51 AM   /   Althouse   /   "This whole thing is just scary... It’s emails, it’s your private stuff. And the whole town is scared . . . nobody knows what to do."

"You say the wrong thing — you see what happened to [Sterling]... I’m not defending what Sterling said at all, but if that’s not the First Amendment then what the [bleep] is? And what did he say, ‘I don’t want my girlfriend hanging out with black basketball players’? Me neither!" Said Chris Rock....




December 18, 10:43 AM   /   Althouse   /   "Sometimes I think, maybe they'll let the bear eat berries and honey in the forest, maybe they will leave it in peace."

"They will not. Because they will always try to put him on a chain, and as soon as they succeed in doing so they tear out his fangs and his claws." Said Vladimir Putin.




December 18, 10:30 AM   /   Althouse   /   "Obama feels liberated..."

"... and sees the recent flurry of aggressive executive action and deal-making as a pivot for him to spend his final two years in office being more the president he always wanted to be."




December 18, 10:28 AM   /   Althouse   /   "Hours after an announcement that U.S. authorities determined North Korea was behind the recent cyber-attack on Sony Pictures..."

".... the entertainment company announced it was pulling the release of the film The Interview ."




December 18, 10:25 AM   /   Althouse   /   "But white collar vs. blue collar is not interesting enough."

"My mom and dad were visiting and I’m looking at all the contestants thinking, how can we break these people up? And there was clearly a group of educated, white collar types. And there was clearly a group of blue collar types. But white collar vs. blue collar is not interesting enough. That’s ki...




December 18, 10:22 AM   /   PrawfsBlawg   /   New Law Teachers' Workshop at SEALS

This year, in addition to the terrific New Scholars' Colloquia (early-morning panels of papers from new scholars, with each presenter assigned a mentor/reviewer), the Southeastern Association of Law Schools (SEALS) will be offering a New Law Teachers’ Workshop. It will include a variety of panels...




December 18, 10:19 AM   /   Althouse   /   The best of Colbert.

( In honor of his final show, which is tonight. )




December 18, 10:08 AM   /   SCOTUSblog   /   The Relist Watch before Christmas

John Elwood reviews Monday’s relisted cases, with help from Clement Clarke Moore.   ‘Twas the last Conference before break, when all through the land; All the lawyers were waiting, petitions in hand; Their eyes were trained on SCOTUSblog with care; In hopes that cert. grants soon would be th...




December 18, 09:30 AM   /   Legal History Blog   /   Judith Kelleher Schafer (1942-2014)




December 18, 09:06 AM   /   How Appealing   /   Programming note

Programming note: This morning, I am visiting an appellate client who is incarcerated in a nearby federal correctional institution. As a result, additional posts will appear here this afternoon.




December 18, 08:22 AM   /   Nancy Rapoport's Blogspot   /   Bad customer service winner of the week--Ulta.com.




December 18, 08:22 AM   /   Althouse   /   The "Serial" finale.

Here. We've listened. Have you? I don't have to say "spoiler alert," do I? Anyway, both Meade and I reacted to the conclusion by saying "bullshit." We both listened to the whole series believing that Adnan was, in fact, guilty, and the finale made that awfully clear, even though Sarah Koenig ulti...




December 18, 08:00 AM   /   proSOXblog - Headline News   /   Fee Shifting Bylaws and the "Supporting" Rational (Part 2)

What about the rational of the Chamber for opposing fee shifting bylaws?  Lets focus on the rational provided in a recent WSJ editorial written by the head of the Chamber's Institute for Legal Reform.   Here again the concern is not expressed as an interested in insulating directors fro...




December 18, 07:58 AM   /   How Appealing   /   "Judge Kermit Bye to assume senior status on appeals court"

"Judge Kermit Bye to assume senior status on appeals court": The Forum of Fargo-Moorhead, North Dakota has this report . And The Associated Press reports that " Judge Bye taking senior status on 8th Circuit federal appeals court ."




December 18, 07:54 AM   /   How Appealing   /   "Executions, new death sentences continue to fall"

"Executions, new death sentences continue to fall": Mark Sherman of The Associated Press has this report .




December 18, 06:25 AM   /   SCOTUSblog   /   Thursday round-up

Although the Court is officially in recess until January, business continues there.  Yesterday the Court turned down Arizona’s application to allow it to deny driver’s licenses to “Dreamers” — young adults who came to this country illegally as children — if they have permits allowing them to have...




December 18, 05:35 AM   /   Crooked Timber   /   Research Excellence Framework… the denouement

In the UK, we’ve just got the results of the Research Excellence Framework, successor to the Research Assessment Excercise, and the method that the state uses to disburse a very large amount of public money. Nobody is sure why the name was changed from “exercise” to “frame...




December 18, 04:46 AM   /   The Faculty Lounge   /   LSAC Data and Predicting Number of Applicants for fall 2015, Part 2

The LSAC is reporting that "As of 12/12/14, there are 88,926 fall 2015 applications submitted by 13,816 applicants. Applicants are down 9.1% and applications are down 10.5% from 2014. Last year at this time, we had 28% of the preliminary...




December 18, 01:37 AM   /   Crooked Timber   /   Cars in Cuba

In light of changing relations between Cuba and the U.S., I thought I’d post photos of cars I took in Cuba when I was there just over two years ago. The scene was even more amazing than one might expect. Some of the US cars from the ‘50s were in fabulous condition, the result of [R...




December 18, 12:59 AM   /   Patent Docs   /   In re BRCA1- and BRCA2-based Hereditary Cancer Test Patent Litigation (Fed. Cir. 2014)

By Kevin E. Noonan -- In a decision that will surprise no one (written by Judge Dyk, which made the conclusions foregone from the first page of the opinion), the Federal Circuit today affirmed the Utah District Court's decision denying Myriad Genetics' motion for a preliminary injunction in the c...




December 18, 12:55 AM   /   Patent Docs   /   Impact of Interim Guidance on Business Method and Software Claims

By Michael Borella -- On December 15, the United States Patent and Trademark Office (USPTO) published its 2014 Interim Guidance on Patent Subject Matter Eligibility. This Interim Guidance was the long-anticipated update to the Procedure for Subject Matter Eligibility Analysis of Claims Reciting o...




December 18, 12:30 AM   /   Legal History Blog   /   Kolasky's "Trustbusters"




December 17, 10:23 PM   /   How Appealing   /   Fifth Circuit affirms denial of qualified immunity to Louisiana prison officials in lawsuit filed by Albert Woodfox, who asserts that his nearly 39 years in solitary confinement persists indefinitely without justification or adequate procedural protection

Fifth Circuit affirms denial of qualified immunity to Louisiana prison officials in lawsuit filed by Albert Woodfox , who asserts that his nearly 39 years in solitary confinement persists indefinitely without justification or adequate procedural protections: You can access today's ruling of the U...




December 17, 10:14 PM   /   How Appealing   /   "County loses prayer appeal; Board's next move: File petition asking 2013 injunction be lifted."

"County loses prayer appeal; Board's next move: File petition asking 2013 injunction be lifted." The Danville (Va.) Register & Bee has this news update . And The Associated Press reports that " Appeals court tosses Pittsylvania County board prayer case ." You can access today's ruling of the U.S....




December 17, 10:10 PM   /   SCOTUSblog   /   Petition of the day

The petition of the day is: Bower v. Texas 14-292 Issue: (1) Whether the former Texas special issues for death penalty sentencing do provide – as the Texas Court of Criminal Appeals held – or do not provide – as the Fifth Circuit has held – an appropriate vehicle for the jury to consider and give...




December 17, 09:58 PM   /   How Appealing   /   "Myriad Loses Appeals Court Bid to Block Breast Cancer Tests"

"Myriad Loses Appeals Court Bid to Block Breast Cancer Tests": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.




December 17, 09:44 PM   /   How Appealing   /   "The Senate Just Cemented Obama's Judicial Legacy"

"The Senate Just Cemented Obama's Judicial Legacy": Jennifer Bendery of The Huffington Post has this report . And today at "The White House Blog," Neil Eggleston has a post titled " Judicial Nominations: Accomplishments and the Work That Lies Ahead ."




December 17, 09:40 PM   /   How Appealing   /   "Guantanamo not part of U.S.-Cuban bargain"

"Guantanamo not part of U.S.-Cuban bargain": Carol Rosenberg of The Miami Herald has a news update that begins, "The Obama administration has no intention of withdrawing from the U.S. Navy base at Guantanamo Bay, Cuba, despite the sudden shift in U.S.-Cuban relations."




December 17, 08:52 PM   /   How Appealing   /   "Alabama Supreme Court gets dishonorable mention in tort reform group's 'Judicial Hellholes' report"

"Alabama Supreme Court gets dishonorable mention in tort reform group's 'Judicial Hellholes' report": AL.com has this article . You can access at this link the American Tort Reform Foundation's report titled " Judicial Hellholes 2014-2015 ." I usually don't pay much attention to the substance of ...




December 17, 08:34 PM   /   The Faculty Lounge   /   Muslims in the Antebellum South

I've been enjoying reading Khaled A. Beydoun's new article on Muslims in the Pre-Civil War south and in particular their relationship to law. It is called "Antebellum Islam." Cribbing now from his abstract: America’s first Muslims were slaves. Social scientists...




December 17, 08:30 PM   /   How Appealing   /   "Texas takes aim at the First Amendment"

"Texas takes aim at the First Amendment": George F. Will has this essay online at The Washington Post.




December 17, 07:21 PM   /   PrawfsBlawg   /   The '60s

Paul rightly links the request by some students to delay exams in light of events in Ferguson, New York, Cleveland, etc., to the '60s, when students were similarly protesting about the war, civil rights, etc. Let me ask a different question that relates back to the issue of exams and coverage on ...




December 17, 07:12 PM   /   Crooked Timber   /   Three words that make me stop reading your article, blogpost, comment, etc

(1) By (2) “David” (3) “Bernstein” That is all.




December 17, 07:09 PM   /   The Faculty Lounge   /   Judith Kelleher Schafer (1942-2014)

I am saddened and stunned to report that legal historian Judith Kelleher Schafer has passed away. Judith was one of the first people I met when I attended my very first American society for Legal History meeting back in1995 and...




December 17, 06:42 PM   /   Discourse.net   /   Cuba

The US approach to Cuba stopped making sense decades ago. Opening exchanges with Poland helped dislodge the Communist regime; the same is likely to happen to Cuba in the future. Maintaining the embargo with Cuba has done more to empower … Continue reading →




December 17, 04:49 PM   /   SCOTUSblog   /   Idaho to take same-sex marriage case to Court

Idaho’s governor today asked the Supreme Court to wait to act on new same-sex marriage cases until after officials from his state can file an appeal, early next month.  If the Court accepts the suggestion, that could slow down the process of setting up review of the constitutional dispute d...




December 17, 02:57 PM   /   PrawfsBlawg   /   An Interesting Op-Ed on Delaying Exams, and its Consequences

The National Law Journal has this op-ed from a law student, titled (although the author probably didn't write the title) "Delaying Exams Is Not a Request from 'Coddled Milennials.'" It concerns, as the author writes, students at various law schools who have "requested that their administrations a...




December 17, 01:03 PM   /   How Appealing   /   "Must Texas Issue Confederate Flag License Plates?"

"Must Texas Issue Confederate Flag License Plates?" Law professor Michael C. Dorf has this essay online today at Justia's Verdict. And also today, he has a related post at "Dorf on Law" titled " Informing the Reasonable Observer ."




December 17, 01:02 PM   /   How Appealing   /   "SCOTUSblog on camera: Dahlia Lithwick (Part two)."

"SCOTUSblog on camera: Dahlia Lithwick (Part two)." You can view the video via this link .




December 17, 01:00 PM   /   How Appealing   /   "Did 'nuclear option' boost Obama's judicial appointments?"

"Did 'nuclear option' boost Obama's judicial appointments?" Al Kamen and Paul Kane have this entry today at the "In the Loop" blog of The Washington Post.




December 17, 12:57 PM   /   How Appealing   /   "Unless I'm missing something, this is an exceedingly strange opinion"

"Unless I'm missing something, this is an exceedingly strange opinion": Today at "The Volokh Conspiracy," Orin Kerr has a post that begins, "I just read Judge Schwab's opinion holding that Obama's executive action on immigration is unconstitutional, and, well, yikes."




December 17, 12:50 PM   /   How Appealing   /   "Court turns down Arizona on immigrant issue"

"Court turns down Arizona on immigrant issue": Lyle Denniston has this updated post at "SCOTUSblog."




December 17, 12:43 PM   /   SCOTUSblog   /   Court turns down Arizona on immigrant issue

UPDATING EARLIER POST:  Over the dissents of three Justices, the Supreme Court today rejected Arizona’s request to allow it to deny driver’s licenses to young undocumented immigrants who have been permitted by Obama administration policy to remain in the United States.  In a brief ord...




December 17, 12:30 PM   /   Legal History Blog   /   Capozzola reviews Hull's "A Scrap of Paper"




December 17, 12:19 PM   /   Althouse   /   At the Rock Face Café....

... take a hard look. (And if you're shopping, please use The Althouse Amazon Portal .)




December 17, 12:02 PM   /   madisonian.net   /   Innovating Legal Education at AALS

I am speaking on a couple of panels at the upcoming AALS (Associaton of American Law Schools) meeting in Washington, DC.  The more provocative of the two is the “AALS President’s Program – Implementing Innovation in Law Schools,” which will … Continue reading →...




December 17, 11:47 AM   /   Althouse   /   Marco Rubio vows to "make every effort to block this dangerous and desperate attempt by the President to burnish his legacy at the Cuban people’s expense."

"Appeasing the Castro brothers will only cause other tyrants from Caracas to Tehran to Pyongyang to see that they can take advantage of President Obama’s naiveté during his final two years in office,” he said. “As a result, America will be less safe as a result of the President’s change in policy...




December 17, 11:25 AM   /   SCOTUSblog   /   SCOTUSblog on camera: Dahlia Lithwick (Part two)

The tension between how the media covers the Court and how the Court wants to be seen; understanding the Justices in public; and what might get lost in focusing, however deftly, on high-level legal analysis. “I think always the humor was a means to an end. And the end is, to help folks who don’t ...




December 17, 11:17 AM   /   How Appealing   /   "What the D.C. Circuit isn't Doing Today"

"What the D.C. Circuit isn't Doing Today": Joey Meyer and Kelly Landis have this post today at the "Text & History Blog" of the Constitutional Accountability Center.




December 17, 11:01 AM   /   Althouse   /   "The Obama administration overturned a ban preventing a wealthy, politically connected Ecuadorean woman from entering the United States after her family gave tens of thousands of dollars to Democratic campaigns..."

"... according to finance records and government officials. The woman, Estefanía Isaías, had been barred from coming to the United States after being caught fraudulently obtaining visas for her maids. But the ban was lifted at the request of the State Department under former Secretary of State Hi...




December 17, 10:51 AM   /   Althouse   /   How to power-vault modestly.

I'm reading the headline of the new Dana Milbank column out loud to Meade: ME: "Elizabeth Warren is not the left’s Ted Cruz. She is the left’s Jim DeMint." What does that even mean? MEADE: Who is Jim DeMint? ME: I know . It's not that we don't know anything about Jim DeMint. He's... a Senator... ...




December 17, 10:31 AM   /   PrawfsBlawg   /   The Developing Law of Rotating Credit Groups

Here's a quick summary for how rotating credit groups work, drawn from Eric Posner's thoughts about them in The Regulation of Groups: The Influence of Legal and Non-Legal Sanctions on Collective Action, 63 U. Chi. L. Rev. 133, 169-70 (1996): [A] rotating credit group typically consists of a small...




December 17, 10:19 AM   /   Legal Profession Blog   /   Drag Race Death Leads To Suspension And, Now, Reinstatement

The Oklahoma Supreme Court has reinstated an attorney convicted of felony manslaughter and misdemeanor DUI On December 22, 2007, Morgan and his best friend and law partner, Andre Carolina, were having a few drinks after work. At one point in...




December 17, 10:11 AM   /   Legal Profession Blog   /   A Partner You Wouldn't Want To Have

An attorney who defaulted on allegations that he had misappropriated over $100,000 due to his law firm was disbarred by the New York Appellate Division for the First Judicial Department. The Departmental Disciplinary Committee seeks an order disbarring respondent, pursuant...




December 17, 09:58 AM   /   Althouse   /   What's that candy?

"The candy is mentioned in two episodes of the AMC series Mad Men and displayed in others. In 'Three Sundays,' we learn it was Archibald Whitman's favorite candy. In 'Far Away Places,' Peggy — who has an important presentation that day — anxiously searches in vain for her...




December 17, 09:57 AM   /   Legal Profession Blog   /   The Same Brief Times 31

The Ohio Supreme Court has imposed a stayed two-year suspension of an attorney who had filed the identical brief in 31 of 35 criminal appeals: Since being admitted to the bar in 2001, respondent has been a solo practitioner. In...




December 17, 09:40 AM   /   How Appealing   /   "Stage Is Set For Supreme Court Marriage Showdown -- If The Justices Want It"

"Stage Is Set For Supreme Court Marriage Showdown -- If The Justices Want It": Chris Geidner of BuzzFeed has this report .




December 17, 09:36 AM   /   PrawfsBlawg   /   The Price is Right

December marks the start of the season for faculty job offers – as few and far between as they may be in this economy. On the “old” days, salaries and perks were likely much more flexible. Is there much room for negotiation, or will candidates jump at the chance to accept any offer, just to have ...




December 17, 09:30 AM   /   Legal History Blog   /   New Online Sources on the New Deal




December 17, 09:24 AM   /   PrawfsBlawg   /   Suk, "The Trouble with Teaching Rape Law"

Adding to the conversation about teaching and testing on controversial or emotionally charged subjects, here is Jeannie Suk (Harvard) this week in The New Yorker. (H/T: My FIU colleague Eric Carpenter). Of course, sexual assault fits into the first category, in that the subject itself is emotiona...




December 17, 09:20 AM   /   The Faculty Lounge   /   Jeannie Suk On Teaching Rape Law

She's got an interesting piece up, The Trouble with Teaching Rape Law, over at the New Yorker. I think almost every crim prof spends some time strategizing about whether, and how, to address the crime of rape. Many don't teach...




December 17, 09:20 AM   /   How Appealing   /   "Catholic midwives must supervise abortions, Supreme Court decides; Catholic midwives Mary Doogan and Connie Wood lose case against being made to supervise other staff carrying out abortions"

"Catholic midwives must supervise abortions, Supreme Court decides; Catholic midwives Mary Doogan and Connie Wood lose case against being made to supervise other staff carrying out abortions": The Telegraph (UK) has this news update . The Guardian (UK) has a news update headlined " Catholic midwi...




  

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