Constitutional Law
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Government
A Tale Of Two Invocations
The difference between two invocations delivered to the Pennsylvania legislature, one by a secularist and another by a Christian, illustrates why religion, and not the rise in non-belief, continues to be the greatest threat to religious freedom. -
Government
The Mueller Report Makes Clear The President Committed Crimes And Failed His Oath
Initiating the process of impeachment is warranted given the evidence in the report, but political considerations will logically suggest foregoing such a process in a deeply divided country. - Sponsored
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Morning Docket
Morning Docket: 04.17.19
* Democratic presidential candidate Pete Buttigieg’s nonpartisan plan to pack the Supreme Court almost seems too good to be true — and that’s likely because it might be unconstitutional. [Slate]
* The Trump Organization wants Michael Cohen’s lawsuit seeking legal fees for his defense to be tossed out, claiming Trump’s former fixer created “fictitious ‘contract’” to ensure they’d be bound to him. (But even if it existed, they probably wouldn’t want to pay up anyway.) [Big Law Business]
* In case you missed it, Dentons, the world’s largest law firm, has tapped Chicago finance partner Mary Wilson, “an enthusiastic, exceptionally passionate lawyer and leader,” as the first woman to serve as its U.S. managing partner. Congratulations! [American Lawyer]
* After years tied up in patent and antitrust litigation, Apple and Qualcomm settles in the middle of opening statements at trial yesterday afternoon. Now the feuding companies will have to behave, at least for the next six years. [The Recorder]
* Remember Jeffrey Wertkin, the Akin Gump partner who disguised himself in a wig to try to sell a copy of a whistleblower complaint to Fortinet? The network security company just settled that False Claims Act case for $575K. [Law.com]
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Constitutional Law
The Mind-Forged Manacles
The 'controversy' surrounding Congresswoman Ilhan Omar illustrates a pressing need to break the mental cuffs that keep so many in our society encased within hypocritical and dangerous tribal cults. -
Government
This Is Not A President Who Values The First Amendment
There are many contemporary threats to First Amendment values, the most alarming being the current president. -
Non-Sequiturs
Non Sequiturs: 03.31.19
* Even Jonathan Adler, no fan of Obamacare, can’t support the Justice Department’s shift of position in the ongoing Affordable Care Act litigation out of Texas. [Volokh Conspiracy / Reason]
* John Lauro continues to protect the reputation of his client Wendi Adelson, ex-wife of murdered law professor Dan Markel. [2paragraphs]
* Meanwhile, another player in the Dan Markel case — David Oscar Markus, counsel to Charlie Adelson — argues that Attorney General William Barr and Deputy Attorney General Rod Rosenstein made the right call on obstruction of justice. [The Hill]
* Speaking of the Mueller investigation, Brianne Gorod points out that Congress has the power to ask the district court to release grand jury transcripts and related information from the case. [Take Care]
* Whether or not you agree with Senator Marco Rubio’s proposed constitutional amendment to fix the size of the U.S. Supreme Court at nine justices, it’s not a bad idea to think about possible ways to restructure SCOTUS — as Gordon Renneisen does here. [Law360]
* Meanwhile, as the Court grapples with the cross-shaped war memorial case this Term, Rick Garnett wonders: can a liberal state favor one religion over others? [First Things via PrawfsBlawg]
* Legal tech M&A activity continues apace, with vLex’s acquisition of Justis. [Artificial Lawyer]
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Constitutional Law
The Peculiar And Destructive Focus Of The Pro-Life Movement
Why is prohibition the main focus of the pro-life movement when it often causes more harm than good and other, better methods exist to achieve their goals? -
Government
The Cognitive Dissonance Surrounding Violence
Violence is not becoming more prevalent in society, only our awareness of tragedy. - Sponsored
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Non-Sequiturs
Non Sequiturs: 03.17.19
* With Justice Anthony M. Kennedy off the Supreme Court, who has replaced him as the justice most often in the majority? The answer might surprise you (but note that this is based on only part of the Term). [Empirical SCOTUS]
* Speaking of SCOTUS, what does its recent copyright ruling in Fourth Estate v. Wall-Street.com mean for creators? Here’s a clear and concise breakdown. [All Rights Reserved]
* In the wake of the giant college admissions scandal, is it time to rethink how elite institutions admit their students? David Orentlicher offers this proposal for reform. [PrawfsBlawg]
* Joel Cohen suggests that perhaps Ty Cobb should have kept his praise of Robert Mueller to himself. [The Hill]
* What’s the state of U.S. Philippines relations, including the 1951 Mutual Defense Treaty, in light of expanding Chinese influence in southeast Asia? It’s complicated, according to Mark Nevitt. [Just Security]
* How has the judicial confirmation process changed under President Donald Trump? Pretty significantly, as Thomas Jipping explains. [Bench Memos / National Review]
* Congratulations to the latest winner of the Joseph Story Award, Professor Samuel Bray — who delivered an acceptance speech that’s well worth your time. [Volokh Conspiracy / Reason]
* Is a federal law that prohibits federal agencies from using equipment from the controversial Chinese company Huawei an unconstitutional Bill of Attainder? Easha Anand, Charlie Gerstein, and Jason Harrow tackle this question, and more, in the latest episode of Versus Trump. [Versus Trump via Take Care]
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Constitutional Law
The Right To Die
The law can accommodate the rational choice to end your life, but moral correctness has prevented these rational choices for far too many. -
Constitutional Law
Religious Persecution
A subtle, yet pernicious form of persecution has not only gained acceptance within the highest levels of our judicial system, it is being expanded in a way that significantly threatens social harmony. -
Government
The Constitution Demands A Stronger Check On Government Raids Against Civilians
Despite decreasing crime across the country, the success of alternatives, and widespread criticism, the business of government raids is booming. -
Constitutional Law
Respecting An Establishment Of Religion
Forcing free and independent individuals to pay for religious displays violates the First Amendment.
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The Business Case For AI At Your Law Firm
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
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Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
Legal AI: 3 Steps Law Firms Should Take Now
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Constitutional Law
The Life And Death Power Of Speech
Are words that encourage others to commit suicide protected speech? The state of Massachusetts says no. -
Constitutional Law
Poverty Is Wholly Preventable And Escaping It Should Now Be Considered A Natural Human Right
My generation has a chance to completely wipe out poverty, but the result will be not achieved by a statist, communist method, and neither will it come from a conservative ‘deserving only’ system. -
Constitutional Law
The Tolerance Wars
When does mainstream social criticism of religious belief regarding homosexuality become unacceptable intolerance in a pluralistic society? -
Constitutional Law
The Limits Of Constitutionally Guaranteed Free Association
The state possess an inherent power to encourage commerce, but how far can that power be exerted over the moral values of consumers? -
Constitutional Law
The Disrespect Of Property Rights Has Accelerated
The use of ‘military eminent domain’ is just the latest in a series of egregious legal and policy encroachments upon private property rights. -
Law Schools
Federalist Society Law Prof Uses ConLaw Exam To Troll The Libs
These retrograde views belong in their scholarship, not on their finals. -
Morning Docket
Morning Docket: 01.07.19
* Senator Ted Cruz has proposed a constitutional amendment that would set term limits for those in the Senate (two six-year terms) and House of Representatives (three two-year terms) because “[t]erm limits on members of Congress offer a solution to the brokenness we see in Washington, D.C.” [Business Insider]
* Speaking of terms, the grand jury’s 18-month term in special counsel Robert Mueller’s Russia investigation was set to expire this past weekend, but Chief Judge Beryl Howell of the D.C. District Court extended it for up to six months since the jurors’ work is “in the public interest.” [CNN]
* The federal judiciary has enough money to stay afloat until January 11, and then, per a spokesman for the U.S. courts, “[i]t’s really a judge-by-judge, court-by-court determination” when the courts start operating under the Antideficiency Act “to support the exercise of Article III judicial power.” [Fortune]
* Hot on the heels of its decision that a ban on racist trademark registrations violated the First Amendment, the Supreme Court will decide whether a similar ban on “scandalous” marks is unconstitutional as well. [Law360]
* Do we need a Rooney Rule for federal law clerks? According to Judge Vince Chhabria of the Northern District of California, it might be the solution to increasing the amount of diversity — of people of color and of law school representation — in the clerks’ candidate pool. We’ll have more on this later today. [National Law Journal]