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.



September 4, 04:20 PM   /   Althouse   /   "​The one good thing to come out of DeflateGate? This killer navy suit."

"After Tom Brady's four-game suspension was nullified by a federal judge earlier today, the man took a victory lap in his finest outfit. Here's a play-by-play..."




September 4, 04:19 PM   /   Althouse   /   "Why drivers in China intentionally kill the pedestrians they hit."

" Most people agree that the hit-to-kill phenomenon stems at least in part from perverse laws on victim compensation. In China the compensation for killing a victim in a traffic accident is relatively small—amounts typically range from $30,000 to $50,000—and once payment is made, the matter is ov...




September 4, 04:10 PM   /   How Appealing   /   "Former Bucks teacher fired after blog posts can't sue"

"Former Bucks teacher fired after blog posts can't sue": Chris Palmer of The Philadelphia Inquirer has a news update that begins, "A former Bucks County high school teacher who was fired after profanely blogging about her 'utterly loathsome' and 'frightfully dim' students cannot sue the Central B...




September 4, 03:57 PM   /   Conglomerate   /   Things I Don't Understand about Last Week's Markets

Typically I read the WSJ over breakfast and then careen through the day from class prep to administrative tasks to...




September 4, 03:41 PM   /   Althouse   /   "Trump Defeats Kanye" = Kanye wins in 2020 (and Trump wins in 2016).

A nice new New Yorker cover, by Barry Blitt: Historical reference:




September 4, 02:52 PM   /   Conglomerate   /   Lisa Fairfax for SEC Commissioner!

The Wall Street Journal reports that the White House is considering our colleague for the SEC. Bainbridge thinks she'd be...




September 4, 02:35 PM   /   Conglomerate   /   Lisa Fairfax for SEC Commissioner!

Imagine my surprise and delight while skimming over today's WSJ and finding a report that the Obama administration is considering...




September 4, 02:32 PM   /   How Appealing   /   Majority on divided three-judge Seventh Circuit panel rejects another contraceptive mandate accommodation challenge, over the lengthy dissent of the third judge

Majority on three-judge Seventh Circuit panel rejects another contraceptive mandate accommodation challenge, over the lengthy dissent of the third judge: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link .




September 4, 02:24 PM   /   PrawfsBlawg   /   Texas, Abortion, and the Supreme Court

Thanks to Prawfs for letting me linger a little longer! All eyes have been on Eastern Kentucky of late, so you may have missed the news that a group of abortion clinics and physicians in Texas have petitioned the Supreme Court for certiorari in the much-publicized 5th Circuit case involving admit...




September 4, 02:01 PM   /   Consumer Law & Policy   /   Perspectives on the value of a college education

The Sept. 7 New Yorker has a thoughtful piece about what college is really worth today from an economic perspective. The piece explores and criticizes various takes from recent literature on the subject. No one's got a wholly satisfactory answer,...




September 4, 02:00 PM   /   proSOXblog - Headline News   /   Trinity Wall Street v. Wal-Mart Stores, Inc: Judicial Rewriting of the Proxy Rules (Part 3)

We are discussing  Trinity Wall Street v. Wal-Mart Stores, Inc    792 F.3d 323 (3 rd Cir. 2015). The majority purports to “empathize” with “those who labor with the ordinary business exclusion and a social-policy exception that requires not only significance but '...




September 4, 12:43 PM   /   Neuroethics & Law Blog   /   Hypnotism as a Defense to Murder

In the New York Times in 1895! (hat tip: Alexa Carrero)




September 4, 12:41 PM   /   Althouse   /   "Imagine what it takes to live your whole professional and personal life as a 'justice-in waiting.'"

Josh Blackman and Randy Barnett say in a Weekly Standard article titled "The Next Justices/A guide for GOP candidates on how to fill Court vacancies." Stanford law professor Pamela Karlan was viewed by many on the left as a dream candidate for the Supreme Court. However, in light of her well-docu...




September 4, 12:36 PM   /   Legal History Blog   /   Wadhia on the History of Prosecutorial Discretion in Immigration Cases




September 4, 11:57 AM   /   Law & Humanities Blog   /   A Workshop on Law and the Humanities at the University of Warwick




September 4, 11:46 AM   /   The Faculty Lounge   /   Welcome Martha Ertman To The Lounge

I'm very pleased that Martha Ertman will be joining us for a while here in the Lounge. Martha is the Carole & Hanan Sibel Research Professor of Law at the University of Maryland. Her new book is Love’s Promises: How...




September 4, 11:44 AM   /   How Appealing   /   Get Shorty but don't lock him up for 216 years

Get Shorty but don't lock him up for 216 years: The Altoona (Pa.) Mirror, whose articles are essentially inaccessible online to non-subscribers, today contains a front page article (access in PDF format today only via the Newseum) headlined "Court Vacates Lengthy Sentence; Appellate panel says ma...




September 4, 11:22 AM   /   PrawfsBlawg   /   Out George Wallace-ing George Wallace

I was quoted (mostly out of context) in yesterday's New York Times on Kim Davis as saying that Davis was "out George Wallace-ing George Wallace." Wallace's stand in the schoolhouse door, and accompanying speech, remain one of the signature moments of Massive Resistance to Brown and integration. B...




September 4, 11:02 AM   /   Legal History Blog   /   TAU's Law and History Workshop, Fall 2015




September 4, 10:47 AM   /   Law & Humanities Blog   /   Martti Koskenniemi's Critical Subject




September 4, 09:59 AM   /   PrawfsBlawg   /   Marriage licenses issuing in Rowan County

Here and here. The first couple--William Smith and James Yates--were not parties to the litigation. No word on whether the license was issued in Kim Davis' name or whether it is valid if issued over her command not to. That probably is moot; it would arise only if a marriage officiant refuses to ...




September 4, 09:47 AM   /   Legal Profession Blog   /   Spite No Mitigation

The Iowa Supreme Court has suspended an attorney for at least 30 days A division of the Grievance Commission of the Supreme Court of Iowa found [the attorney] violated several rules by failing to deposit an advance fee into his...




September 4, 09:42 AM   /   The Faculty Lounge   /   The coming arrived casebook revolution

This morning, I received a survey from Wolters Kluwer (Aspen), publisher of the IP Survey textbook I use. The survey sought out what I find important in a book, and even asked if I knew any young IP professors I...




September 4, 09:33 AM   /   Legal Profession Blog   /   Removed And Disbarred

The Mississippi Supreme Court removed a Chancery Court judge from office as a res ult of h is conviction for obstruction of justice. From the statement of agreed facts The Formal Complaint in this matter contains various allegations regarding Respondent’s...




September 4, 09:00 AM   /   SCOTUSblog   /   Friday round-up

Yesterday a federal district judge sent Kim Davis, a Kentucky county clerk, to jail after she continued to refuse to issue marriage licenses to same-sex couples even after the Supreme Court declined to stay the judge’s ruling ordering her to do so.  Lyle Denniston covered the latest developments ...




September 4, 08:59 AM   /   Legal History Blog   /   Brophy and Troutman on Eugenics in North Carolina




September 4, 08:44 AM   /   How Appealing   /   NextGen CM/ECF doesn't require Java for federal appellate electronic filing

NextGen CM/ECF doesn't require Java for federal appellate electronic filing: That's the good news, but that system of federal appellate e-filing has yet to be implemented across much of the nation. Thus far, only the Second and Ninth Circuits have implemented it . My related post from last night ...




September 4, 08:38 AM   /   How Appealing   /   "The Next Justices: A guide for GOP candidates on how to fill Court vacancies."

"The Next Justices: A guide for GOP candidates on how to fill Court vacancies." Law professors Josh Blackman and Randy E. Barnett have this cover story in the September 14, 2015 issue of The Weekly Standard.




September 4, 07:39 AM   /   Althouse   /   What's happening in the anti-Kim-Davis comic genre?

Well, this is happening on Twitter (Click to enlarge): It's funny... up to a point, but it leans on stereotyping non-affluent southern white women. And given the prominent photograph of an actual woman who sits next to Kim Davis, there's a problem of appropriating her identity and reputation. Yes...




September 4, 07:22 AM   /   Althouse   /   "I got nothing. The question was, what did I get for signing the pledge? Absolutely nothing..."

"... other than the assurance that I would be treated fairly. And I’ve seen that over the last two months, where they really have been very fair." I think Trump gets something more than that, something quite significant. He's planning to get the nomination, and if and when he does, he will charac...




September 4, 07:09 AM   /   Althouse   /   Rick Perry: "A broken clock is right once a day,"

Oh, Rick .




September 4, 07:01 AM   /   Althouse   /   Tennessee judge asserts that the Supreme Court's same-sex marriage case has rendered him unable to decide divorce cases.

It's Hamilton County Chancellor Jeffrey Atherton, denying a divorce to an opposite-sex couple: “With the U.S. Supreme Court having defined what must be recognized as a marriage, it would appear that Tennessee’s judiciary must now await the decision of the U.S. Supreme Court as to what is not a ma...




September 4, 07:00 AM   /   Dorf on Law   /   The Social Meaning of Statutes Allowing Clerks to Opt Out of Marriage

by Michael Dorf In yesterday's brief post announcing my latest Verdict column , I promised to return on Monday with a longer accompaniment. Well, I couldn't stop myself, so I'm posting the follow-up today. The column raises the possibility that someone like Kim Davis (but probably not Kim Davis h...




September 4, 06:32 AM   /   Althouse   /   "Earlier this year, we discussed that, thanks to shorter copyright terms in Canada, things like early Beatles recordings and James Bond had entered the public domain up north."

"It was no secret that the recording industry was totally freaked out about this, and that resulted in the somewhat bizarre situation in which Canadian Prime Minister Stephen Harper single-handedly extended copyright on sound recordings for 20 years by sticking it into a budget update, without an...




September 4, 06:25 AM   /   Althouse   /   "What rap did that was impressive was to show there are so many tone-deaf people out there."

"All they need is a drum beat and somebody yelling over it and they’re happy. There’s an enormous market for people who can’t tell one note from another." Said Keith Richards. Also: "For most bands, getting the syncopation is beyond them. It’s endless thudding away, with no bounce, no lift, no sy...




September 4, 06:17 AM   /   Althouse   /   "I’m looking for the next commander-in-chief, to know who Hassan Nasrallah is, and Zawahiri, and al-Julani, and al-Baghdadi. Do you know the players without a scorecard, yet, Donald Trump?"

"No... You know, I’ll tell you honestly, I think by the time we get to office, they’ll all be changed. They’ll be all gone. I knew you were going to ask me things like this, and there’s no reason, because, No. 1, I’ll find, I will hopefully find Gen. Douglas MacArthur in the pack... I will b...




September 4, 04:00 AM   /   Adjunct Law Prof Blog   /   Carlson: A Child's Right to a Family

Richard Carlson (South Texas) has posted, "A Child's Right to a Family versus a State's Right to Institutionalize the Child," on SSRN. Carlson's article explores tension in the United Nations Convention on the Rights of the Child between institutionalization and...




September 4, 02:13 AM   /   Patent Docs   /   Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: 23 Law Professors

By Donald Zuhn -- Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted claims of U.S. Patent No. 6,258,540 (see "Ariosa Diag...




September 4, 12:32 AM   /   How Appealing   /   "Contentious Case Over Gay Rights Nothing New to a Kentucky Judge"

"Contentious Case Over Gay Rights Nothing New to a Kentucky Judge": Richard Perez-Pena will have this article in Friday's edition of The New York Times.




September 4, 12:20 AM   /   How Appealing   /   My client prevailed today on the issue of greatest importance presented in the Pa. Supreme Court oral argument I delivered back on March 10th

My client prevailed today on the most important issue presented in the Pa. Supreme Court oral argument I delivered back on March 10th: You can access today's unanimous ruling of the Supreme Court of Pennsylvania at this link in a case in which I represented the plaintiff on appeal. A couple of ea...




September 4, 12:08 AM   /   How Appealing   /   "Civil rights lawsuit revived against Nevada agency"

"Civil rights lawsuit revived against Nevada agency": The Las Vegas Review Journal has this news update reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.




September 4, 12:00 AM   /   How Appealing   /   Is the current method of federal appellate electronic filing becoming technologically obsolete?

Is the current method of federal appellate electronic filing becoming technologically obsolete? Whenever I try to discuss technology at the level required by this post, I quickly reveal my own ignorance. With that disclosure out of the way, let me sound a warning for those who may someday soon at...




September 3, 11:35 PM   /   How Appealing   /   "The Next Justices. Filling Supreme Court vacancies: a guide for GOP candidate."

"The Next Justices. Filling Supreme Court vacancies: a guide for GOP candidate." Law professors Randy E. Barnett and Josh Blackman will have a cover story article bearing that headline in the September 14, 2015 issue of The Weekly Standard . Although the text of the article is not yet online, Bla...




September 3, 11:22 PM   /   How Appealing   /   "Judges predict foes will win on birth control mandate"

"Judges predict foes will win on birth control mandate": Lyle Denniston has this post at "SCOTUSblog" about a dissent from the denial of a sua sponte call for rehearing en banc in which five judges serving on the U.S. Court of Appeals for the Tenth Circuit joined today. Today's order specifies th...




September 3, 09:49 PM   /   SCOTUSblog   /   A new legal cloud over same-sex marriage in Kentucky?

Five deputy county clerks in Rowan County, Kentucky — the scene of the first major courthouse battle over a conflict between the Supreme Court’s view on same-sex marriage and religious objections to it —  told a federal judge that they will start issuing marriage licenses to sam...




September 3, 09:41 PM   /   Legal Profession Blog   /   F Bombs Deployed

An encounter with police after an attorney on vacation at Eagle Ridge Resort had struck an object with his car and not stopped has resulted in a complaint filed by the Illinois Administrator. He had been drinking prior to the...




September 3, 09:26 PM   /   Althouse   /   "A Madison police officer who intervened in a street fight Wednesday evening was quickly surrounded by a crowd, some of whom voiced anti-police sentiments, including, "We need to start killing these officers'..."

"The incident alarmed and dismayed local police officials, especially because the officer involved, Caleb Johnson, has spent years reaching out to residents in the area as the neighborhood officer." "He's done tremendous work there with things like youth basketball tournaments and bike repair cli...




September 3, 09:18 PM   /   Althouse   /   "In a time when so much negative is happening, please don't accuse those who are showing love and appreciation, of being hateful."

"It is very clear to me when someone is showing love and I appreciate these people recreating, loving and broadcasting something to the world that once upon a time I cried myself to sleep over #1LOVE."




September 3, 08:55 PM   /   Althouse   /   At the Sandhill Café...

... you can talk about whatever you want.




September 3, 08:50 PM   /   SCOTUSblog   /   Judges predict foes will win on birth control mandate

Five federal judges, breaking ranks with a rising number of their colleagues on the federal courts of appeals, predicted on Thursday that the federal health care law’s birth-control mandate ultimately will fall, when tested in the Supreme Court by non-profit religious groups. The five are m...




September 3, 06:45 PM   /   Adjunct Law Prof Blog   /   Sunstein: In Praise of Law Reviews

Cass Sunstein (Harvard) has posted his essay, "In Praise of Law Reviews (And Jargon-Filled, Academic Writing)," on SSRN. The abstract reads: Many people, including many lawyers and judges, disparage law reviews (and the books that sometimes result from them) on...




September 3, 06:07 PM   /   SCOTUSblog   /   Texas clinics challenge abortion limits

Facing the prospect that Texas could soon have only ten sites throughout the state where women may seek abortions — a reduction from more than forty two years ago, a group of clinics and doctors has asked the Supreme Court to overturn two key parts of a 2013 law adding new restrictions on t...




September 3, 06:07 PM   /   SCOTUSblog   /   Texas clinics challenge abortion limits (UPDATED)

UPDATED Friday 3:50 p.m.  The case has now been filed and docketed, at 15-274. ———- Facing the prospect that Texas could soon have only ten sites throughout the state where women may seek abortions — a reduction from more than forty two years ago, a group of clinics and do...




September 3, 05:29 PM   /   Dorf on Law   /   Meanwhile, in Kentucky

By Michael Dorf My editors at Verdict were kind enough to rush-publish my column on the Kim Davis case. The column is here . I'll have some further thoughts on the broad issue of when, if ever, government officials are entitled to religious exemptions from their official duties on Monday. For now...




September 3, 04:51 PM   /   Discourse.net   /   Where’s Bernie?

Where Bernie Sanders stands on the issues. Where there are Bernie Sanders events near you. Backstory on above.




September 3, 03:10 PM   /   Althouse   /   "5 Totally Exposed Bathrooms."

Somehow, I love these .




September 3, 03:07 PM   /   Althouse   /   "Kareem – Now I know why the press always treated you so badly — they couldn’t stand you."

"The fact is that you don’t have a clue about life and what has to be done to make America great again! Best wishes/Donald Trump."




September 3, 03:03 PM   /   Althouse   /   "The drowned child washed up on a Turkish beach captured in a photograph that went around the world Wednesday was three-year-old Alan Kurdi."

"He died, along with his five-year-old brother Galib and their mother Rehan, in a desperate attempt to reach Canada. The Syrian-Kurds from Kobane died along with eight other refugees early Wednesday. The father of the two boys, Abdullah, survived." ADDED: A photo shouldn't make a difference. Shou...




September 3, 02:45 PM   /   Althouse   /   "The court cannot condone the willful disobedience of its lawfully issued order."

"If you give people the opportunity to choose which orders they follow, that’s what potentially causes problems," said the federal district judge David L. Bunning, sending Rowan county clerk Kim Davis to jail for contempt for refusing to issue marriage licenses to same-sex couples . Ms. Davis tea...




September 3, 02:39 PM   /   Discourse.net   /   U Miami Security Self-Surveillance App: Clever or Creepy?

UGuardian App :: UMPD Campus Safety: Miami has a new app which lets users phone quickly for campus cops, and also set a time to get from one place to another, during which ‘friends’ can monitor progress. And if the … Continue reading →




September 3, 02:38 PM   /   How Appealing   /   So much for that U.S. Supreme Court victory

So much for that U.S. Supreme Court victory: This past April, in a case captioned Rodriguez v. United States , the U.S. Supreme Court ruled in favor of the convicted defendant who was challenging his extended traffic stop detention for purposes of a drug dog sniff. You can access the ruling at th...




September 3, 02:27 PM   /   How Appealing   /   "Kim Davis found in contempt; taken into custody"

"Kim Davis found in contempt; taken into custody": The Louisville Courier-Journal has this news update . And The Associated Press reports that " Judge jails Kentucky clerk for refusing marriage licenses ."




September 3, 02:25 PM   /   How Appealing   /   "Washington Supreme Court rules against Backpage.com"

"Washington Supreme Court rules against Backpage.com": The Associated Press has a report that begins, "The Washington Supreme Court has ruled in favor of three young girls who sued Backpage.com after they were sold as prostitutes on the site." You can access today's 6-to-3 ruling of the Supreme C...




September 3, 02:22 PM   /   How Appealing   /   "Judge sides with Brady, NFL promises 'Deflategate' appeal"

"Judge sides with Brady, NFL promises 'Deflategate' appeal": The Associated Press has this report .




September 3, 02:19 PM   /   PrawfsBlawg   /   Jim Davis jailed for contempt

Judge David Bunning has held Kim Davis in contempt and had her jailed. Bunning apparently pointed to the fact that members of the public are raising money to cover the fines (damn crowd-funding) as evidence that fines alone would not work. This is civil contempt, so she will be released as soon a...




September 3, 02:19 PM   /   PrawfsBlawg   /   Kim Davis (not Jim or Garfield) jailed for contempt

Judge David Bunning has held Kim Davis in contempt and had her jailed. Bunning apparently pointed to the fact that members of the public are raising money to cover the fines (damn crowd-funding) as evidence that fines alone would not work. This is civil contempt, so she will be released as soon a...




September 3, 02:16 PM   /   How Appealing   /   "Sotomayor shares Supreme Court insight, advice"

"Sotomayor shares Supreme Court insight, advice": The Observer, the student newspaper of Notre Dame, has this report , along with an article headlined " Students react to conversation with Justice Sotomayor ."




September 3, 02:16 PM   /   Althouse   /   Trump signs the loyalty pledge!

"I, Donald Trump, affirm that if I do not win the 2016 Republican nomination for President of the United States I will endorse the 2016 Republican presidential nominee regardless of who it is."




September 3, 02:12 PM   /   How Appealing   /   "Little Sisters: Cato Institute Targets the Affordable Care Act -- Yet Again."

"Little Sisters: Cato Institute Targets the Affordable Care Act -- Yet Again." Gregory M. Lipper has this post today at the "Bill of Health" blog.




September 3, 01:45 PM   /   Althouse   /   Tom Brady wins in federal court.

"Judge Richard M. Berman of Federal District Court in Manhattan did not rule on whether Brady tampered with the footballs in a bid for competitive advantage. Instead, he focused on the narrower question of whether the collective bargaining agreement between the N.F.L. and the players union gave G...




September 3, 12:37 PM   /   Legal Profession Blog   /   Veteran Must Pay

A retired Lieutenant Colonel in the Army Reserve is not eligible for treatment as an indigent for purposes of waiving court costs, according to a decision issued today by the Massachusetts Supreme Judicial Court. Since 1974, the Legislature has demonstrated...




September 3, 12:28 PM   /   Consumer Law & Policy   /   Xbox One Promoter Settles FTC Charges That it Deceived Consumers

A California-based online entertainment network has agreed to settle Federal Trade Commission charges that it engaged in deceptive advertising by paying “influencers” to post YouTube videos endorsing Microsoft’s Xbox One system and several games. The influencers paid by Machinima, Inc.,...




September 3, 12:26 PM   /   Consumer Law & Policy   /   FTC survey of privacy policies for kids' apps

The Federal Trade Commission has conducted a survey, following up on a December 2102 survey, examining what information children’s app developers are collecting from users, whom they are sharing it with, and what disclosures they are providing to parents about...




September 3, 12:21 PM   /   Law & Humanities Blog   /   The Artist and Copyright Law: The Biography and Art of Kamil Kubik




September 3, 12:13 PM   /   Consumer Law & Policy   /   Lawmakers pressure Fiat Chrysler to support ban on renting recalled vehicles

The Hill Reports that Sen. Barbara Boxer (D-Calif.) and Rep. Lois Capps (D-Calif.) are pressuring automaker Fiat Chrysler to support a bill that would ban car rental companies from distributing recalled vehicles. Fiat Chrysler was recently fined $105 million by...




September 3, 12:09 PM   /   Legal Profession Blog   /   Law Office Lease Not Invalid

The District of Columbia Court of Appeals rejected a claim by Constantine Cannon LLP that its lease for office space was invalid Appellee Mullen Management Company, Inc., is a Delaware corporation that owns and leases an office building near McPherson...




September 3, 12:07 PM   /   Law & Humanities Blog   /   A Review of Mariano Croce's "Self-Sufficiency of Law"




September 3, 12:04 PM   /   Law & Humanities Blog   /   The Role of the Jurist In the Emerging Global Legal Order




September 3, 11:59 AM   /   Law & Humanities Blog   /   The Arc of Legal Scholarship From the Early Twentieth Century To Today




September 3, 11:33 AM   /   PrawfsBlawg   /   Affirmative consent and switching the burden of proof

I have been thinking a lot about affirmative consent in sex cases. I understand why advocates want affirmative consent as a policy matter; certainly, people should ensure that they are only having sex with partners who actually want to be doing whatever conventional or freaky act they happen to b...




September 3, 11:33 AM   /   Legal Profession Blog   /   Payment Offer To Witness Leads To Suspension

The Louisiana Supreme Court has ordered an attorney suspended for a year and a day for his dealings with a witness in a criminal case. Respondent represented Emily Winborn in criminal proceedings captioned State of Louisiana v. Emily Winborn, case...




September 3, 11:00 AM   /   Legal History Blog   /   Goluboff on the NAACP and Labor Litigation in the 1940




September 3, 10:35 AM   /   Consumer Law & Policy   /   The effects of SAT-optional college admissions

...are considered in a story that ran today on NPR's Morning Edition. Colleges that give applying students the option not to submit standardized test scores say they are trying to broaden the pool of applicants and achieve a more diverse...




September 3, 10:10 AM   /   PrawfsBlawg   /   Tinkering with the machinery of marriage

Jonathan Adler explains why Kim Davis cannot, and should not be able to, use her personal religious beliefs to refuse to issue licenses to same-sex couples; if her conscience prevents her from doing this, she must resign. Adler points to a 2002 essay by Justice Scalia, in which Scalia explained w...




September 3, 09:49 AM   /   Legal Profession Blog   /   Reinstated

The Maine Supreme Judicial Court has reinstated an attorney suspended for a year for conduct that took place in the wake of her divorce and the death of her father. From the suspension order Despite the fact that [the attorney]...




September 3, 09:35 AM   /   PrawfsBlawg   /   Chief Justice William H. Rehnquist

Ten years ago today, I got a phone call from my friend Janet, the old Chief's assistant, telling me that Chief Justice Rehnquist had died. Here's the short thing I wrote for Slate that day, remembering him and the experience of working for him. A bit: . . . During my clerkship year, the chief, my...




September 3, 09:02 AM   /   How Appealing   /   "The Supreme Court's 2014-2015 Term: The Year the Administrative State Trembled."

"The Supreme Court's 2014-2015 Term: The Year the Administrative State Trembled." Joel Alicea has this article online today at Public Discourse.




September 3, 08:58 AM   /   How Appealing   /   "Conservative legal group defends clerk's stand against gay marriage"

"Conservative legal group defends clerk's stand against gay marriage": Lawrence Hurley of Reuters has this report .




September 3, 08:55 AM   /   How Appealing   /   "Sotomayor opens up during appearance at Notre Dame; Justice talks about workings of court and overcoming biases"

"Sotomayor opens up during appearance at Notre Dame; Justice talks about workings of court and overcoming biases": This front page article appears in today's edition of The South Bend Tribune.




September 3, 08:52 AM   /   How Appealing   /   "Judges Standing Upside-Down"

"Judges Standing Upside-Down": Linda Greenhouse has this essay online today at The New York Times.




September 3, 08:01 AM   /   SCOTUSblog   /   Thursday round-up

Briefly: In her column for The New York Times, Linda Greenhouse discusses what she describes as a new phenomenon of conservative judges taking a broader approach to standing, as well as what role that phenomenon might play in Fisher v. University of Texas at Austin and Spokeo v. Robins, two cases...




September 3, 08:00 AM   /   proSOXblog - Headline News   /   Trinity Wall Street v. Wal-Mart Stores, Inc: Judicial Rewriting of the Proxy Rules (Part 2)

We are discussing Trinity Wall Street v. Wal-Mart Stores, Inc    792 F.3d 323 (3 rd Cir. 2015). There are any number of problems with the court’s reasoning.  First, the court adopted an interpretation that is simply not there. In relying on the "transcend" element, the court ...




September 3, 07:40 AM   /   Althouse   /   A man who traveled to every country on Earth tells us which countries were the hardest to get to.

It too Albert Podell 50 years to accomplish this goal, and it was arduous. I'm voting for Nauru as the worst of the hardest to get to: From the late 1960s through the early ’70s, the denizens of this tiny Pacific island were the wealthiest people on the planet per capita, due to the dense and val...




September 3, 07:34 AM   /   Althouse   /   "It was a clever, bright show on the surface, but its underlying message declared that marriage was, at best, a vapid compromise, insoluble and finally destructive."

Said Dean Jones, Stephen Sondheim musical “Company.” Not long after the opening night of the musical — in which he played the central role of the 35-year-old bachelor Robert, an object of either envy or concern for a circle of married friends — he quit the production, citing stress and depression...




September 3, 07:00 AM   /   Dorf on Law   /   Bakers, Florists, Psychics, and the Structure of Libertarian Thought

by Michael Dorf This is my third and final installment of my mini-series on the American Sociological Association meeting. (Earlier installments appear  here and here .) I'll begin by repeating a finding that was reported on my plenary panel by one of the other panelists. He and his team con...




September 3, 06:50 AM   /   Althouse   /   Jeb pre-blows his appearance on the first Stephen Colbert "Late Show" show.

Without getting the okay from Colbert, Jeb's campaign is trying to raise money by raffling off a "VIP" ticket to the show, which triggers this kind of funny but obviously also angry response from Colbert : Jeb! quickly gets a social media response to Colbert... . @StephenAtHome I’m in. See you Se...




September 3, 06:43 AM   /   Brian Leiter's Law School Reports   /   "Constitutional Law, Moral Judgment, and the Supreme Court as Super-Legislature"

The 24th Tobriner Lecture at Hastings, now in print.




September 3, 12:30 AM   /   Legal History Blog   /   Sparrow, Novak, and Sawyer, eds., "Boundaries of the State in US History"




September 3, 12:30 AM   /   Legal History Blog   /   The Supreme Court and Reconstruction




September 3, 12:11 AM   /   Patent Docs   /   Federal Circuit Lifts Injunction Against Sandoz

By Kevin E. Noonan -- Sandoz successfully (at least for now) has overcome conventional wisdom, the plain language of the Biologics Price Competition and Innovation Act (BPCIA) (or, at least those provisions regarding patent litigation) and Amgen in obtaining approval for its figastrim biosimilar ...




  

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