The Volokh Conspiracy

[Eugene Volokh, June 26, 2008 at 9:51pm] Trackbacks

Speaking of Congratulations on Citations by the Supreme Court,

let me offer special congratulations to Brian Frye, a young lawyer and 2005 graduate of NYU School of Law, whose article The Peculiar Story of United States v. Miller, 3 N.Y.U. J. L. & Liberty 48 (2008) was cited by the majority. Citations to such articles by people who aren't academics, and who aren't solidly established in their field (the way Don Kates and Stephen Halbrook were), are especially rare, and especially worth noting.

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davidbernstein (mail):

I was trying to post something similar, but couldn't because of server problems. I'm particularly tickled because as a 1L Brian was my research assistant during my visit at Georgetown Law in Spring 2003.

6.26.2008 10:56pm

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UberMitch (mail):

Well now I'm even more depressed!!! Judge Rogers dissent from the DC Circuit opinion in Boumediene cited my comment, but the lousy Supreme Court didn't. Well, congrats to this guy. Scalia apparently has cooler clerks than Kennedy.

6.27.2008 12:52am

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UberMitch (mail):

I apologize for the tone of that last comment; it was uncalled for. I really do sincerely extend my warmest congratulations to Brian Frye. I need to get less bitter. Its just not healthy.

6.27.2008 1:09am

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OrinKerr:

UberMitch,

So you're bitter that your law school note was cited by the DC Circuit in a nationally important case but that it wasn't also cited by the Supreme Court?

Cry me a river.

6.27.2008 2:48am

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George Lyon (mail):

It was a good and entertaining piece.

6.27.2008 7:44am

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scosm:

I knew Brian and law school and remember him as a nice, very intellectually curious guy. In addition to serving on the Law Review he also helped start the libertarian journal that the piece was published in. Congratulations, Brian!

6.27.2008 1:49pm

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JRD (mail):

The use of lingo from the era of the decision to describe the facts is a fantastic touch, e.g., p. 55: "The police pinched O’Malley and Heady in Kansas City, where they’d rented a swanky pad from James Maroon."

6.27.2008 4:08pm

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non-attorney-and-like-it:

Congrats to Brian, but is this all so rare? I'm very interested in the answer as I am a non-attorney, never set foot in law school, yet have had law review articles published which were cited several times by state and federal courts. Are there any hard statistics in this regard? The only ones I've seen published are rankings based on the numbers of opinions citing each law review (of which Harvard Law Review leads the list).

6.28.2008 10:11pm