Constitutional Law
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Constitutional Law
If You Don't Trust Congress Or SCOTUS, Then Let's Call A Constitutional Convention!
Maybe it's time for a radical idea. -
Constitutional Law
Is It Time To Call A New Constitutional Convention?
If we think the system is rotten, perhaps we should throw open the floodgates? - Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
How to best leverage generative AI as an early adopter with ethical use. -
Morning Docket
Morning Docket: 12.05.16
* Although it may seem far from what’s occurred given some questionable statements and tweets about freedom of speech and freedom of religion, House Speaker Paul Ryan says that he’s discussed the Constitution “extensively” with President-elect Donald Trump, including the separation of powers. Let’s see if any of Ryan’s Con Law lessons have an impact. [Huffington Post]
* Green Party presidential candidate Jill Stein is dropping her recount bid in Pennsylvania because of an inability to afford the $1 million bond required by the state to proceed; after all, “petitioners are regular citizens of ordinary means.” She may not be done with her efforts to prevent President-elect Trump from securing an electoral victory, though. She’ll probably try her hand at a federal case. [New York Times]
* After months of sometimes violent protests by the Standing Rock Sioux tribe and others, the U.S. Army Corps of Engineers has decided to turn down the permit necessary to grant an easement to build a segment of the Dakota Access pipeline under Lake Oahe, which could contaminate the water supply and damage sacred tribal lands. Will President-elect Trump reverse this decision after he is inaugurated? [Reuters]
* Cook County Circuit Judge Valarie Turner — who allowed former law clerk Rhonda Crawford to don her robes and hear cases in her stead — has been diagnosed with Alzheimer’s disease and memory loss, which has led the Judicial Inquiry Board to declare her “mentally unable” to perform her job. It is unclear whether Turner had been diagnosed prior to this summer’s incident with Crawford. [Chicago Sun-Times]
* Valparaiso is facing down a tough decision after years of admitting students with less-than-desirable credentials: Continue to do more of the same, or “face reality and close its law school.” Given the way that things like this generally proceed with law schools, we suppose we can expect the school to try for at least a few more years with diminishing returns for graduates before it decides to throw in the towel. [Chicago Tribune]
* Katherine Magbanua, the woman indicted on first-degree murder charges and accused of acting as a conduit between two alleged hitmen and whoever ordered Professor Dan Markel’s murder, can access the grand jury testimony of Luis Rivera, who has already taken a plea deal and is working with prosecutors. [Tallahassee Democrat]
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Family Law, Health Care / Medicine, Kids
Cold Leftovers: Can A State Require That Extra Embryos Be Implanted?
A fascinating appellate court ruling on the disposition of frozen embryos. -
Constitutional Law, Free Speech, SCOTUS, Supreme Court
Justice Scalia, Originalism, Free Speech And The First Amendment
Justice Scalia was a great protector of First Amendment freedoms. -
Morning Docket
Morning Docket: 11.04.16
* Can a president self-pardon? With the investigation of her emails by the FBI and talk of impeachment, this may be a question that Democratic presidential nominee Hillary Clinton may be asking herself should she win the election. While the Constitution probably permits self-pardons, some legal scholars doubt anyone could do so without violating the rule of law. [WSJ Law Blog]
* Sorry, New Yorkers, but you still can’t take ballot selfies on Tuesday. Judge Kevin Castel refused to issue an injunction blocking enforcement of the law since doing so would “wreak havoc on election-day logistics.” After all, “the public’s interest in orderly elections outweighs the plaintiffs’ interest in taking and posting ballot selfies.” [Reuters]
* “If women don’t start suing, and they simply wait to gradually change those numbers, then you and I are going to be having the same conversation ten years from now and twenty years from now.” More women have been suing their firms, but others are afraid to come forward because they don’t want to be blackballed by peers. [Big Law Business]
* “The only thing they could have done to mitigate this was not to open.” Professors from Indiana Tech Law School may have plans to file suit against the school in the future, but according to Professor Brian Tamanaha, they may be facing an uphill battle because they’ll have to prove that the university misrepresented its intentions. [Indiana Lawyer]
* If you want to be a judge, it may be possible to prepare for your future by focusing on your writing, choosing a law school with great clerkship placements, and researching your law school’s employment statistics to make sure you’ll be able to find a job that’s prestigious enough add credibility to your résumé. [U.S. News & World Report]
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Barack Obama, Politics, Supreme Court
President Barack Obama Schools Republicans On How The Constitution Works
Don't forget, President Obama knows a thing or two about the Constitution. - Sponsored
Legal AI: 3 Steps Law Firms Should Take Now
If 2023 introduced legal professionals to generative AI, then 2024 will be when law firms start adapting to utilize it. Things are moving fast, so… -
Law School Deans, SCOTUS, Supreme Court
First Monday Musings By Dean Vik Amar: The Supreme Court Going Forward
How much does the Supreme Court matter in the big picture? -
Constitutional Law, Law Professors, Law Schools
Get Off My Lawn -- By The Power Of The Fourth Amendment
Two law school professors and their clever constitutional-law project. -
Neil Gorsuch, Politics, SCOTUS, Supreme Court
Making SCOTUS Even Greater: Trump's Supplemental Supreme Court Shortlist
A closer look at the ten new names on Donald Trump's SCOTUS list. -
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Morning Docket
Morning Docket: 09.15.16
* Judge Posner tells lawyer for Mike Pence: “You are so out of it.” Was he talking about the case or the election? [LA Times]
* Vibrator sparks class action of bachelorette party attendee class. [Corporate Counsel]
* Bayer is looking to buy Monsanto and multiple Biglaw firms are working on this headache. [The Am Law Daily]
* Former Simpson Thacher clerk gets 46 months for insider trading. [Law360]
* Guess who is funding the battle over pot legalization? [The Intercept]
* The next Brown v. Board? [Law.com]
* The least shocking lawsuit award goes to this suit claims Georgia’s voter registration laws violate federal law. [ABC News]
Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
The Business Case For AI At Your Law Firm
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
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Legal AI: 3 Steps Law Firms Should Take Now
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
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Constitutional Law, Politics
The History Behind The Constitutional Theory Of Nullification
The constitutional crisis of the 1830s. -
Football, Sports
Barack Obama Supports 'Messy' Democracy And Sports Star's Constitutional Rights
Barack Obama knows something about con law. -
Non-Sequiturs
Non-Sequiturs: 09.02.16
Ed. note: Due to the Labor Day holiday, we will be on a reduced publication schedule today, and observing the holiday on Monday. Hope everyone has an enjoyable, restful, and long weekend. * Fans are demanding that Los Angeles bill the Rams for increased police expenditures. So… where will the Rams threaten to move next year? […]
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Constitutional Law, Technology
How Many Rights Have You Have Forfeited Today?
Before you sign up for some new service or piece of technology, make sure you are not giving up any rights. -
Constitutional Law
Police Prank Doesn't Jibe With The 4th Amendment
Generations of distrust sown by systemic racism cannot be undone by ice cream. -
Constitutional Law
Nobody Actually Thinks Trump Has Read The Constitution Cover-To-Cover, Right?
Who honestly thinks that Donald Trump has sat down and read through a 7,500 word legal document? -
Politics, SCOTUS, Supreme Court
Hillary Clinton's Supreme Court Shortlist: 11 SCOTUS Possibilities
Not an official list, but still an impressive collection of contenders.