Con Law

Scalia/Ginsburg: coming soon to an opera house near you?

We recently shared with you a fascinating, legally themed musical project: Scalia/Ginsburg, an opera about two of the U.S. Supreme Court’s leading lights, by award-winning composer Derrick Wang.

Justice Scalia and Justice Ginsburg, longtime colleagues and good friends, don’t share much in terms of jurisprudence but do share a love of opera. It’s fitting, then, that their Con Law clashes will serve as the basis for a new operatic work.

Where did Wang come up with the idea for an opera about these two distinguished jurists? As it turns out, Wang is not only a composer but a law school graduate. Where did he go to law school, and why?

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Imagine you’re in a negotiation to buy a used car. You use the Blue Book — the Kelley Blue Book, not the legal Bluebook — to set the starting point on the price. You do your research at home based on the blue book that’s online, which says the starting point for the car you want is $10,000.

Then, when you get to the used car dealer, you find out that they have a new blue book, one that just came out that day. It says that the starting point for the car you want is really $12,000.

You’d probably be annoyed, maybe angry. The whole starting point for your conversation about the price of the car changed.

Yet, the dealer could tell you, and you could still agree with him to pay any amount you’d like for the car. The starting point doesn’t necessarily set the ending point.

This was, basically, the situation the Supreme Court was called in to referee in this morning’s oral argument in Peugh v. United States….

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Chief Judge Merrick Garland

Merrick Garland, chief judge of the U.S. Court of Appeals for the D.C. Circuit since last week, is dreading March 1.

With heavy stress on “not,” Chief Judge Garland said he does “not look forward” to the potential sequester because he knows that it would mean cuts and that he would have to make them.

Garland, along with fellow D.C. Circuit Judge Thomas Griffith and Senior Judge Laurence Silberman, spoke Saturday at the Georgetown University Law Center, as part of the J. Reuben Clark Law Society’s annual conference. I attended the panel presentation.

One positive of the new job for Garland is that he can make more writing assignments. Like Justice Breyer, he was a longtime junior judge. Translation: He had to take what he was given to write.

“The public has seen [Garland’s] last opinion on energy law,” Griffith predicted.

Read more about the panel, including Silberman’s jabs at the recess appointments decision, Griffith’s magical (?) clerk gift, and Garland’s limited edition headgear for a court party, after the jump….

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Are there no volunteers on the Columbia Law faculty?

Yesterday, we told you about a sticky situation at Columbia Law School. Professor Christina Duffy Ponsa, a constitutional law scholar, is going through divorce proceedings that have caused her to miss a number of classes. The school responded by dumping all of Professor Ponsa’s students into Professor Trevor Morrison’s Con Law class, creating a huge 200-person Con Law experience that bothered many students.

The Columbia Student Senate formally requested that Columbia replace Ponsa with another qualified professor instead of merging sections.

It seems that no Columbia Law professor was willing to step up and alleviate the overcrowded situation, but after our story went up, the administration did make some concessions to student concerns. And while it seems to me that the administration is fumbling the ball here by not finding one faculty member (or Justice Ginsburg) willing to step in and help out a colleague with some personal issues, students and tipsters have heaped a whole lot of blame on Professor Ponsa’s allegedly wild personal life for putting herself (and her students) in this situation in the first place….

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Here are some subject lines on emails currently floating around in my inbox:

“Unfair Grading Policy at Fordham Law (due to Professor negligence!)”

“Constitutional Law Exam at Fordham Law School (One wrong move after another by the Administration)”

“Fordham Law Fiasco”

Here’s a text message I received yesterday:

“Elie, how can you write about the Michigan douchenozzles when we’ve got a professor who screwed up the basic integrity of our law school transcripts?”

Without reading any of these emails, what would you guess happened? I’d say that a constitutional law professor at Fordham School of Law got lazy when it came time to write exams, made a mistake that gave one group of students an unfair advantage, and when it was revealed, the administration came up with a solution that most students feel is unfair.

That’s what I would guess. But I could be wrong. I’m not an expert or anything, I’m just a guy who has gotten very used to the way professors treat law school exams. Let’s read the emails to find out what happened….

double red triangle arrows Continue reading “Fordham Con Law Clusterbleep”