Federalist Society

Justice Clarence Thomas

Elie here. Imagine Santa Claus stopping by your house — except this time Saint Nick is a mute, who stuffs your stocking with personal responsibility and brings you wooden toys, because those were the only ones available when his legend was born.

Well, joking aside, Justice Clarence Thomas will be stopping by Yale Law School on December 14th. And since there won’t be a case in front of him, he’ll actually be talking.

But not to everybody. Sources tell us — and Yale Dean Robert Post confirmed, in a school-wide email — that Justice Thomas will be speaking to the Yale Federalist Society and to the Black Law Students Association, as well as attending a class and a private reception. He won’t be making any general public appearance.

Setting aside commencement, it’s fairly typical for guest speakers (including Supreme Court justices) to speak to specific student groups and not the law school at large. If Justice Elena Kagan went to Yale, she’d likely speak to the American Constitution Society and the Socratic Hard-Ass Faculty Coven.

Some students claim, however, that the Yale administration has contacted several student organizations and asked them not to protest during Thomas’s visit. We don’t know if that’s true, and a message from Dean Post (reprinted below) does not directly mention anything about student protests. But the mere rumor of Yale trying to quash protests, circulated on “The Wall” (the YLS list-serv), has made some students angry.

Should they be? Strap yourselves in for an ATL Debate….

double red triangle arrows Continue reading “Clarence Thomas Is Coming To Town”

Plaintiffs’ lawyers in class action cases: are they heroes, or villains? Do they make too much in fees, leaving the classes they represent high and dry? Or could it be argued that they make too little for the work that they do?

Let’s discuss….

double red triangle arrows Continue reading “Attorneys Fees in Class Actions: Too Low, Too High, or Just Right?”

If you’re a law student, you probably checked your email first thing this morning for one reason or another. Maybe you were waiting to hear back from a professor. Maybe you were praying for a snow day and hoping that classes were canceled. Either way, you probably weren’t expecting to see something like this from your law school:

What the hell? If the proposed war on gunners started today, Above the Law didn’t get the memo. Which law school sponsored a “Killing Spree”?

double red triangle arrows Continue reading “Did You Attend Today’s ‘Killing Spree’?”

The president looks good in a doctor's coat, no?

In a development that should surprise no one, the U.S. Supreme Court this morning agreed to review the constitutionality of President Barack Obama’s signature policy achievement, the Patient Protection and Affordable Care Act — aka Obamacare. This means that, before the end of the current SCOTUS Term in summer 2012, Anthony Kennedy the justices will rule on the validity of this sweeping legislation (unless they avoid the question on jurisdictional grounds, as Judge Brett Kavanaugh of the D.C. Circuit recently did — a path that might appeal to Justice Kennedy, as suggested by Professor Noah Feldman, and a path that the Court itself highlighted by mentioning the jurisdictional issue in its certiorari grant.)

In the meantime, there will be a lot of cocktail party chatter about the health care reform law and its constitutionality. If you’d like some quick talking points, for use when you get the inevitable “What do you think about this as a lawyer?” questions from friends and family at Thanksgiving, keep reading….

double red triangle arrows Continue reading “Supreme Court To Decide Constitutionality of Obamacare”

Let a thousand law schools bloom?

Critics of the current legal-education model, including my colleague Elie Mystal, have accused the American Bar Association of failing to uphold sufficiently stringent accreditation standards. ABA-accredited law schools proliferate, even though thousands of law school graduates find themselves unemployed or underemployed.

The ABA was recently chided by the National Advisory Committee on Institutional Quality and Integrity for various alleged deficiencies in the ABA’s exercise of its accreditation power (for example, failure to consider student-loan default rates in assessing programs). Politicians such as Senators Barbara Boxer (D-CA), Charles Grassley (R-IA), and Tom Coburn (R-OK) have also raised questions about whether there are too many law schools and law school graduates, especially in light of the still-challenging legal job market.

In light of this debate, I was eager to attend a panel at the Federalist Society’s National Lawyers Convention on the subject of law school accreditation….

double red triangle arrows Continue reading “Law School Accreditation: What Is To Be Done?”

When you stop smoking, the cigarettes don’t get together to figure out how to kill you anyway.

Benjamin Wittes, on a panel at the National Lawyers Convention of the Federalist Society, responding to the observation that smoking and traffic accidents cause more deaths in a year than 9/11.

(Julian Sanchez discusses what the web is for, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: Dangerous Addictions”

I really think after-dinner speeches are a barbarous institution.

– Justice Antonin Scalia, in after-dinner remarks at the annual banquet of the Federalist Society, where he and Justice Clarence Thomas were honored for their respective 25 and 20 years of service on the Supreme Court.

(Justice Scalia comments playfully on Justice Thomas, after the jump.)

double red triangle arrows Continue reading “Quotes of the Day: Cruel and Unusual Punishment?”

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 of Kelo v. City of New London (2005). Professor Epstein attacked Kelo and Chief Judge Kozinski defended the decision.

(The event was standing room only, even though tonight was Halloween. Clearly this was more fun to CLS students than donning cheap costumes from Ricky’s and marching around the Village in a state of inebriation.)

Just because Nonie Darwish is controversial doesn't mean she shouldn't be allowed to speak.

It appears that some people have forgotten that they are free to not attend events sponsored by the Federalist Society.

There is a controversy bubbling at George Mason University School of Law because the law school’s chapter of the Federalist Society has invited Nonie Darwish to speak at an event. Darwish has been described as a “notorious Islamophobe” who argues that Islam should be “annihilated.” Some people on campus, and the Council on American-Islamic Relations, have asked the law school to disinvite Darwish.

Come on, people. We live in a world where Mahmoud Ahmadinejad gets to speak at the U.N. (to say nothing of Columbia University). Ahmadinejad has been described (by me) as a “notorious a**hole” who argues that the Holocaust “didn’t happen.”

The world is just going to be a lot easier to navigate if the Federalist Society can invite whom they want and the American Constitution Society can invite whom they want…

double red triangle arrows Continue reading “Here’s A Thought: Let The Federalist Society Invite Whomever They Want To Speak”

Stephen Mark McDaniel

In prior coverage of Stephen Mark McDaniel, the Mercer Law School graduate accused of murdering his former neighbor and classmate, Lauren Giddings, we alluded to several emails that Stephen McDaniel sent to some of his classmates. Some students found the emails, which reflected McDaniel’s conservative political views, to be strange or disturbing.

Thanks to the kindness of several tipsters, we now have copies of some of the emails sent around Mercer Law by Stephen M. McDaniel. We will now share them with you, so you can judge for yourself whether there is anything in this correspondence that is troubling or problematic….

double red triangle arrows Continue reading “The Collected Writings of Stephen McDaniel”

Page 3 of 512345