Standing
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Law Schools
Start Hitting Yourself: Chemerinsky Considers The Interesting Question Of When A State Can Sue The State
Between the suits and gerrymandering, I'm not so sure people even like this democracy thing anymore. -
Courts
Just Because They Can't Speak Doesn't Mean They Can't Speak For Themselves, Say Egg Activists
This article better not get cited in a note titled, ‘Should Zygotes Have Standing?’ - Sponsored
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Morning Docket
Morning Docket: 09.07.22
* Quick, is this a Simpson’s gag or an American Tuesday?: Trump steals classified documents and inadvertently leaks another country’s highly classified nuclear arms information. [Wa Po]
* Do fetuses have standing? [Law and Crime]
* Cowboys for Trump co-founder got hit with the 14th. Not to laugh at one’s misfortunes, but teehee. [CitizensForEthics]
* Apple just evaded a class action being bit from it. [Bloomberg Law]
* Anti WOKE act accused of preventing teachers from doing their job because of how hard it restricts free speech. [Newsweek]
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Courts
Mary Jane's Presence In Court Will Make Quite A Splash
Mom! The object-oriented ontologists have infiltrated the courtroom! -
Morning Docket
Morning Docket: 07.12.21
* Snitches get standing: New Texas law lets private citizens sue anyone aiding an abortion. [NY Times]
* Burning is one thing, but a boot!? Woman charged with hate crime for smirking after stomping a Back the Blue flag. [Salt Lake Tribune]
* Tesla panels storing solar energy and, err, mold? Civ Pro and Energy Law bros should love this. [Business Insider]
* Is…uhh..Congress defunding their police? [CBS News]
* Woman who ran over a protestor beats assault charge. [Insider]
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Non-Sequiturs
Non Sequiturs: 01.06.19
* It’s baaack: partisan gerrymandering returns to the Supreme Court — and in the view of veteran SCOTUS watcher Amy Howe, it’s unlikely that the justices will duck the merits this time around. [SCOTUSblog]
* Article III standing and the Stored Communications Act: Orin Kerr argues that it should be viewed through the lens of property rather than privacy. [Volokh Conspiracy / Reason]
* Carrie Severino calls out Senate Democrats for their persistent — and in her view, unjustified — questioning of judicial nominees about their religious views and affiliations. [Bench Memos / National Review]
* Joel Cohen identifies an interesting issue: should a defendant prejudiced by government misconduct in a case receive a break at sentencing? [Law & Crime]
* Here are some highlights from Chief Justice John Roberts’s year-end report on the federal judiciary, courtesy of Howard Wasserman. [PrawfsBlawg]
* The new year is a time of beginnings — and endings. Concurring Opinions, you will be missed. [Concurring Opinions]
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Non-Sequiturs
Non-Sequiturs: 05.14.15
* The NFLPA is appealing the 4-game suspension Tom Brady received in the wake of the Wells Report. It’s more probable than not that he’ll lose. [CNN]
* Lawyer tackles his own client trying to flee the courtroom. Great, now litigators have to start worrying about the long-term effect of concussions. [Legal Cheek]
* New rankings are out and Thomas M. Cooley Law School (or WMU or whatever) is NUMBER 1! Seriously. For real. Find out why… [Georgetown Law via TaxProf Blog]
* The Wright Brothers: The Original Patent Trolls. [Concurring Opinions]
* Are you into spy thrillers? What about lengthy treatises on standing? Well, then you’re in luck. [Dorf on Law]
* A Washington prosecutorial office rocked by misconduct allegations. Ho hum, prosecutors break the rules. But the source — a whistleblowing veteran prosecutor — is a new twist. [The Open File]
* The jury is deliberating on Dzhokhar Tsarnaev’s fate in the Boston bombing trial [Law and More]
* The final two items both focus on agricultural regulations. First, a look back at the life of Roscoe Filburn, the wheat farmer at the center of Wickard v. Filburn. Now I’ll never not see Homer Simpson when I think of that case. [Lawyers, Guns & Money]
* Second, if you aren’t following the raisins takings case, basically the government takes a share of the annual raisin crop for its own use… without compensating the growers. Put aside the constitutionality, that’s startlingly inefficient when the government encourages farmers to shift away from a crop the government needs. Here’s a video about the farmers at the center of the case. [YouTube]
https://www.youtube.com/watch?v=HFbzLPJtYPE
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Jurisdiction, SCOTUS, Supreme Court
Standing: The Cure For Cert Grantor's Remorse in King v. Burwell
Just because the plaintiffs’ standing to sue in King v. Burwell shouldn’t be an issue doesn’t mean it won’t be an issue, as Tamara Tabo explains. - Sponsored
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Constitutional Law, Gay, Gay Marriage, Lesbians, Linda Greenhouse, SCOTUS, Supreme Court
After Perry & Windsor: A Conversation About The Supreme Court's Rulings
Three distinguished commentators -- Bill Eskridge, Linda Greenhouse, and Evan Wolfson -- discuss the Supreme Court's recent rulings on marriage equality. -
Labor / Employment, Minority Issues, Racism, SCOTUS, Supreme Court, White People
Paula Deen's New Argument Seems To Be That White People Are Immune To Racism
Don't look now, but Paula Deen is asking a fundamental question about the legal definition of racism... -
California, Gay, Gay Marriage, Politics, SCOTUS, Supreme Court
What's Horrible About Hollingsworth Is Horrible for Us All
The Supreme Court's ruling in Hollingsworth v. Perry is a disastrous decision, as conservative columnist Tamara Tabo explains. -
Constitutional Law, Federal Government, Politics, SCOTUS, Supreme Court
The Hidden Blessings of the NSA's Spying
There's a silver lining to the NSA spying cloud, as columnist Tamara Tabo explains. -
9th Circuit, Benchslaps, Copyright, Diarmuid O'Scannlain, Federal Judges, Intellectual Property
Benchslap of the Day: Ninth Circuit Smacks Copyright Trolls
The Ninth Circuit smacks down copyright trolls.
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American Bar Association / ABA, Barack Obama, Celebrities, Deaths, Free Speech, John Roberts, Law Professors, Law Schools, Money, Morning Docket, SCOTUS, Sports, Supreme Court
Morning Docket: 01.09.12
* Is the Roberts court really as pro-First Amendment as we’ve been led to believe? Lawyers aren’t really that good at math, but they’ve done studies, you know. And 34.5% of the time, it works every time. [New York Times] * The people at the ABA aren’t concerned that William Robinson’s remarks made him seem […]
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Bar Exams, Deaths, Election 2012, Election Law, Gay Marriage, Law Schools, Morning Docket, New Jersey, Police, Romance and Dating
Morning Docket: 01.04.12
* Ken Cuccinelli, Virginia’s Attorney General, wants Rick Perry’s election law suit to be dismissed, because really, what’s the point? Standing or not, Perry got completely hosed in Iowa. [Bloomberg] * What’s next for Stephen Glass? When all else fails, hire a high-profile appellate team to do your dirty work for you. He could write […]
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Books, California, Deaths, Defamation, Family Law, Gay, Gay Marriage, Holidays and Seasons, Money, Non-Sequiturs, Partner Issues, Technology, Utah
Non-Sequiturs: 09.06.11
* Prop 8 made an appearance today at the California Supreme Court before newly seated Justice Goodwin Liu. As suspected, the liberal Liu immediately made the proponents have sex with each other as he cackled “I hate families.” [Poliglot / Metro Weekly] * Next time a TSA agent sticks her hand down your pants and […]