* I’ve got a feeling “Bart Simpson” isn’t going to get a fair trial from this judge. [Lowering the Bar]
* The Supreme Court strikes a blow for copyright sanity by telling publishers that they can’t go after people reselling books published overseas. Now the only incentives to move your publishing operation overseas are the cents per hour wages and the lax health and safety standards. [Volokh Conspiracy]
* The only way to stop a bad guy with a gun is… the same bad guy with a gun. [Legal Juice]
* Following up yesterday’s link to Professor Richard Epstein’s AMA, Ken White of Popehat exposed himself to the same onslaught. [Reddit]
* About 11 years too late, the NFL rescinded its ridiculous “Tuck Rule,” which was always hard to understand, but basically ruled that an otherwise obvious fumble allowed the player to ditch his actress baby momma and marry a Victoria’s Secret model. [USA Today]
* This guy is VERY specific about what gigs he’s willing to play. And he’s also, apparently, a registered sex offender. [Lawyers, Guns & Money]
* Saudi Arabia may soon end beheadings because they’re running out of swordsmen. Poor Ned Stark… if he’d just held out a little longer. [Lowering the Bar]
* Professor Richard Epstein held an AMA (“Ask Me Anything” if you’re behind on the modern lingo of the Interwebs) on Reddit this morning. Mercifully, “Boxers of Briefs?” wasn’t asked. [Reddit]
* It may have taken awhile for Steubenville, Ohio to get its priorities straight, but Attorney General Mike DeWine is finally saying the right things, “Let me be clear. Threatening a teenage rape victim will not be tolerated. If anyone makes a threat verbally or via the Internet, we will take it seriously, we will find you, and we will arrest you.” [Jezebel]
* Is the legal industry ready to seize the future? [Adam Smith, Esq.]
* If you have any questions you’d like to see addressed by our crack advice team at Pls Hndle Thx, send them to firstname.lastname@example.org. [Above the Law]
* David Bernstein posted this clever video about Passover to the tune of Bohemian Rhapsody over at Volokh Conspiracy. You can watch it after the jump….
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* John Kerry has been nominated to be the next Secretary of State. I expect a tough confirmation battle where Republicans openly question his courage and integrity under fire… oh, wait, I’m being told that Republicans were actually just lying to all of us in 2004 by slandering a war hero for political gain. [Yahoo! News]
* The best thing about the NRA’s bizarre press conference was that I got to go on the Huffington Post and use the Konami code in a point. [HuffPost Live]
* Of course, if people could get high, there would be less gun violence. [The Volokh Conspiracy]
* And by the way, nobody plays Bulletstorm, Mortal Kombat and Slaughterhouse are decades old, and nobody has even heard of Kindergarten Killer, but it apparently involves a janitor who takes out a school. Grand Theft Auto is some good stuff though. It’s so good, I’m going to go out and jack some cars, drive into a police cruiser, and then hide out until I lose my wanted level. [Kotaku]
* Richard Epstein on Robert Bork. [Ricochet via How Appealing]
* You know what’s sad? The Mayan calendar was a scientific masterstroke that was turned into a punchline largely by people who are resistant to science. If you’re looking for real end of the world scenarios, the truth is out there. [Science Blogs]
8th Circuit, 9th Circuit, Abortion, Bankruptcy, Barack Obama, Biglaw, Celebrities, Constitutional Law, Copyright, Deaths, Fashion, Kiwi Camara, Law Professors, Law Schools, Money, Morning Docket, Richard Epstein
* Good news, everyone! According to Citi’s Managing Partner Confidence Index survey, firm leaders are feeling pessimistic about their business due to an overall lack of confidence in the economy. [Am Law Daily]
* Per the Ninth Circuit, an Idaho statute that essentially criminalizes medication-induced abortions imposes an undue burden on a woman’s ability to terminate her pregnancy. Really? You don’t say. [Bloomberg]
* Kiwi Camara’s circuitous route to SCOTUS: thanks to the Eighth Circuit, Jammie Thomas-Rasset started and ended her journey with $222K damages for copyright infringement. [Thomson Reuters News & Insight]
* “Fashion law is a real career choice,” says Gibson Dunn partner Lois Herzeca. This niche practice area is one of the hottest new trends in the wonderful world of fashion, and it’s not likely to go out of style any time in the remote future. [Reuters]
* Your clawback suit is a wonderland? John Mayer was named as a defendant in a suit filed by trustees seeking to recover money paid out by Ponzi schemer Darren Berg. [Bankruptcy Beat / Wall Street Journal]
* Are you still trying to make sense of the conflicting opinions in United States v. Jones, the GPS tracking case recently decided by the Supreme Court? Professor Barry Friedman has this helpful round-up. [New York Times] * Elsewhere in law professors opining on SCOTUS, what do Professors Richard Epstein and John Yoo predict the […]
The topic of whether (and how) to reform legal education remains very hot. The latest New York Times story — by David Segal, who isn’t very popular among law school deans right now — has sparked much online commentary. And it’s not over yet. What do Professors Richard Epstein and John Yoo — two of […]
Whenever a judge turns to rational-basis analysis, he’s basically saying, ‘You think two plus two equals five, and I don’t know how to add.’ — Professor Richard Epstein, at an interesting debate sponsored earlier this evening by the Columbia Law School Federalist Society. Professor Epstein and Chief Judge Alex Kozinski (9th Cir.) debated the merits […]
* Over the weekend, while I was at the gym, I listened to this engaging and entertaining podcast, with Professors Richard Epstein and John Yoo. They discuss Libya, Obamacare, and — perhaps most interesting for ATL readers — the U.S. News law school rankings (around the 13-minute mark). [Ricochet (subscription); accessible for free for ATL […]
Unfortunately, her reasoning has matters exactly backwards. She defers to government officials who regulate private conduct, but attacks those who run government facilities. That basic mindset shows bad intellectual judgment which will lead to a decline in economic and social fortunes that no amount of compassion can cure. — Professor Richard Epstein, in a piece […]
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* How much would you need to be paid to spend 40 hours in prison? Does $200,000 sound about right? [Maryland Daily Record] * C’mon, libs, John Yoo isn’t heartless — he opposes slavery, for crying out loud. Meanwhile, Richard Epstein agrees with Yoo that the original Constitution was far from perfect. [Ricochet (Yoo); Ricochet […]
A liveblog of what should be a most interesting debate on Prop 8 and gay marriage — taking place at the 2010 National Lawyers Convention of the Federalist Society, and pitting Professor William Eskridge against Professor Richard Epstein — after the jump.
That’s one of the topics covered by an impressive trio of law professors — Richard Epstein, Glenn Reynolds, and John Yoo — in an interesting, wide-ranging discussion over at PJTV. Although they all hail from the right side of the aisle, they disagree on a number of issues. Here’s a summary: Are law schools creating […]
Last week, Elie and I debated the subject of liberal bias in legal education. Does it exist? Does it matter? Many of you continued the debate, in the comments. Since our discussion, a number of notable thinkers have also tackled the topic. They include what we’d describe as the legal world’s answer to the McLaughlin […]
I’ve already shared with you my views on the burqa (views that weren’t popular with some of our more politically correct and/or sensitive readers). And you’ve already voted in a reader poll on efforts to ban the burqa, showing that 60 percent of you are wimps do not support France’s effort to ban the burqa. […]
… or talk about the bar. Welcome to one of those “only on the internet” moments, a spirited debate between three people I adore: Elizabeth Wurtzel, Richard Epstein, and John Yoo. The subject: the bar exam (but also law schools and the legal profession more generally). Here’s one thing the three share in common: they’re […]
Last week, inspired by the pending Supreme Court nomination of Elena Kagan, we embarked upon a fun little imaginative exercise: What if Supreme Court nominees didn’t have to defend themselves to the American public? What if the U.S. Senate’s constitutional privilege of “advice and consent” was revoked? What would the Court look like if the […]