Gerard Magliocca

  • Non Sequiturs: 01.20.19
    Non-Sequiturs

    Non Sequiturs: 01.20.19

    * Adam Feldman explores the possible effect on the Supreme Court of replacing Justice Ruth Bader Ginsburg with a staunch conservative — e.g., Judge Amy Coney Barrett. [Empirical SCOTUS]

    * Speaking of SCOTUS, here’s Ilya Somin’s read of the tea leaves in Knick v. Township of Scott, an important Takings Clause case.  [Volokh Conspiracy / Reason]

    * Stephen Embry disagrees with Joe Patrice’s suggestion that junior lawyers are going extinct, but Embry acknowledges the major effect that technology is having, and will continue to have, on legal practice and employment. [TechLaw Crossroads]

    * Charles Glasser looks at what might have caused the political polarization of the modern media and its consumers. [Daily Caller]

    * The prospect of Michael Cohen testifying publicly before Congress is making some people giddy — but it’s not without its downsides, as Joel Cohen explains. [The Hill]

    * What can we learn from official Washington utterances about the shutdown? Here’s some intel from VoxGov, via Jean O’Grady. [Dewey B Strategic]

    * Not all provisions of the Bill of Rights are created equal, according to Gerard Magliocca. [PrawfsBlawg]

    * David Berg draws lessons for trial lawyers from the genius of Joe Jamail’s use of hypothetical questions. [YouTube]

  • Non-Sequiturs: 10.21.18
    Non-Sequiturs

    Non-Sequiturs: 10.21.18

    * Orin Kerr offers his thoughts on the Allison Jones Rushing controversy (aka how young is too young to be a federal judge). [Reason / Volokh Conspiracy]

    * If President Trump and Senate Republicans are packing the courts with conservatives, then it’s time for Democrats to pack back, according to Michael Klarman. [Take Care]

    * Howard Wasserman offers some insights into the recent dismissal of Stormy Daniels’s defamation lawsuit against Trump. [PrawfsBlawg]

    * And while we’re on the subject of media law, Gerard Magliocca has an interesting observation about Justice Ruth Bader Ginsburg and the right of publicity. [Concurring Opinions]

    * Speaking of RBG, Jonathan Adler argues that she could learn a thing or two from her newest colleague, Justice Brett Kavanaugh, when it comes to hiring law clerks. [Bench Memos / National Review]

    * Joel Cohen raises an intriguing question about prosecutors: to what degree are they required to fight their own biases? [New York Law Journal]

  • Non-Sequiturs: 08.16.17
    Non-Sequiturs

    Non-Sequiturs: 08.16.17

    * Not wasting any time: Judge Amul Thapar, recently confirmed to the Sixth Circuit, authors his first published opinion as a member of that court. [How Appealing]

    * “Can private employers fire employees for going to a white supremacist rally?” It depends, as Eugene Volokh explains. [Volokh Conspiracy / Washington Post]

    * Joel Cohen explores special counsel Robert Mueller’s decision to impanel a grand jury in D.C. [Huffington Post]

    * Neha Sampat identifies three ways to hire resilient lawyers — and the benefits to diversity of focusing on resilience. [Law Practice Today]

    * Adam Feldman looks at which lower-court judges see their dissents most often vindicated at the Supreme Court. [Empirical SCOTUS]

    * Gerard Magliocca raises some interesting issues about possible ratification of the Equal Rights Amendment (ERA). [Concurring Opinions]