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]

By David Lat on March 17, 2019 5:30 pm

Ty Cobb

* 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]

DBL square headshotDavid Lat is editor at large and founding editor of Above the Law, as well as the author of Supreme Ambitions: A Novel. He previously worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. You can connect with David on Twitter (@DavidLat), LinkedIn, and Facebook, and you can reach him by email at [email protected].