Archive | September, 2007

I just read a very interesting article by Thomas C. Leonard, Protecting Family and Race: The Progressive Case for Regulating Women’s Work, which appeared in the American Journal of Economics and Sociology in July 2005. If you’re at all interested in Progressive Era economists’ and reformers’ attitudes toward working women, this article is a must […]

It’s (Mostly Harmless) Drudgery If you know the word lexicographer, there’s a better-than-even chance you also know Samuel Johnson’s self-mocking definition of it: “a writer of dictionaries; a harmless drudge, that busies himself in tracing the original, and detailing the signification of words.” We should probably set aside, at least for now, discussion of whether […]

Renewable energy sources offer many potential environmental benefits, including the reduction of air pollution, carbon emissions, and other consequences of energy extraction and production. To date, however, many renewable energy sources have had difficulty breaking into energy production markets. Despite decades of federal subsidies and other support, it often remains difficult to offer renewable energy […]

On October 9, the Supreme Court is will hear what is likely the most important securities law case in years: Stoneridge Investment Partners v. Scientific Atlanta. In this case, the Court will consider whether primary liability under Section 10(b) of the Securities Exchange Act extends to third-parties, such as auditors, attorneys, or vendors, who engage […]

Are you curious about what Supreme Court “cert pool” memos look like? Do you have a favorite former clerk whose pool memos you have always wanted to read? Did you file a cert petition 20 years ago that you still feel was wrongly denied, and do you want to know why? Do you want to […]

I just finished reading John Lott’s marvelous and entertaining book Freedomnomics: Why the Free Market Works and Other Half-Baked Theories Don’t. It is very well-written and it really reminds you of what an extraordinarily creative and interesting thinker Lott is. Much of the book is a translation of his many papers in different areas into […]

A few of my cobloggers and I decided to pitch some of our favorite non-law, non-public-policy, non-politics blogs. Here are two that I highly recommend: 1. GeekPress, mostly cool science and technology stories. A sample, from the current front page — go to the site itself for links: “The top 10 hand gestures you’d better […]

“George Bush is a time traveler, conspired with Duke of Normandy at Battle of Hastings 1066 A.D. to pervert the English Dictonary and Law. Admiral / Maritime Jurisdiction is hearing my complaint. The american flag is M.I.A. held hostage at FEMA camps. “George W. Bush is the grand Iman of voodoo with doctors turning humans […]

People have been talking about this story: The owner of a New York City restaurant is “heartbroken” over a letter he received from former President Bill Clinton’s lawyer asking that a photograph of daughter Chelsea be removed from his eatery -— or face legal action. The photo, taken of the former first daughter with Osso […]

Appellants’ contention is that appellees’ petition for certiorari concedes the unconstitutionality of D.C. Code Section 7-2507.02 as it requires the disassembling of shotguns and rifles or the placement of trigger locks, making such arms practically useless for self defense. Therefore, appellants argue, our mandate holding this provision unconstitutional should issue. But our opinion does not […]

“That’s Not A Word!” One of the things that happens to you all the time when you’re a lexicographer is that people say something to you, something perfectly reasonable, such as “I am appalled by the current celebrification of journalists” and then stop themselves to ask you “Is that a word?” Considering that the is-it-a-word? […]

Yesterday, Judge Aiken of the U.S. District Court in Oregon handed down a decision that strikes down Foreign Intelligence Surveillance Act’s provisions for granting warrants. In this post, I wanted to explain the issue in the case and the decision’s reasoning, and then I wanted to offer some commentary on the decision. My tentative bottom […]

In early 2008, Premise films will release Expelled: No Intelligence Allowed, a documentary film featuring Ben Stein arguing that those who believe in “Intelligent Design” face persecution in the academy and scientific institutions. For the movie, the producers arranged interviews with prominent scientists who point out that ID is not a scientific theory or who […]

It is still “Energy Week” on NRO. Among today’s articles is this piece by my former colleague Andrew Morriss on the regulatory sclerosis afflicting energy markets. His bottom line: On the rare occasions when energy markets have been allowed to work relatively unimpeded by political efforts to serve special interests, market forces and private enterprise […]

The editors of the Yale Law Journal Pocket Part asked me to write a short reply to Hannah Jacobs Wiseman’s article arguing that laws requiring the government to compensate property owners for regulatory takings will hurt the poor. In my contribution to the debate, I argue that regulatory takings reform is unlikely to hurt poor […]