The critical theory journal, Telos, returns to one of its earliest themes, the critique of what its editors in the 1970s and 80s termed the “wholly-administered society” and “New Class” analysis. It shifted away from those themes and modes of analysis for a long time, but it has re-opened that discussion with a bang. Editor […]
Archive | March, 2010
Effective Lawyering?
Any thoughts on whether this is likely to be effective, or to annoy the judge? (Or should I assume that the lawyer properly estimated the preferences of the particular judge before whom he was appearing?) I. DÉJÀ VU When I curled up in my cozy lounger two weeks ago to enjoy yet another defense motion […]
The Chief Beneficiaries of Citizens United?
A CNN article by Jeffrey Toobin asserts, among other things, that The political effect of, if not motivation for, the [Citizens United] decision was clear: Citizens United looks to be a big win for Republicans, who are the likely beneficiaries of the newly lubricated corporate largesse. But is that really so? In California, one of […]
Interesting Libel Decision Arising from the Vaccine / Autism Debate
From Arthur v. Offit (E.D. Va. Mar. 10, 2010) (some paragraph breaks added): This action arises out of a brief passage in a lengthy magazine article profiling Defendant Paul Offit, M.D., a Philadelphia pediatrician and infectious disease specialist. Plaintiff Barbara Loe Arthur (also known as Barbara Loe Fisher) is the co-founder and acting president of […]
Why Suspect When You Can Find Out?
A commenter on an earlier thread, which touched on why police departments are seen as “paramilitary organizations,” writes: Also relevant regarding the perceived more military nature of the police is the use now of the word “officer” to refer to what used to be called a “policeman” or “policewoman.” “Officer” is a term that has […]
First Amendment Rights vs. Rights to Vote / Be a Candidate
The Washington Post reports: After the Supreme Court declared that corporations have the same rights as individuals when it comes to funding political campaigns, the self-described progressive firm [Murray Hill Inc., a small, five-year-old Silver Spring public relations company] took what it considers the next logical step: declaring for office. Behind the stunt, I take […]
Eleventh Circuit Decision Largely Eliminates Fourth Amendment Protection in E-Mail
Last Thursday, the Eleventh Circuit handed down a Fourth Amendment case, Rehberg v. Paulk, that takes a very narrow view of how the Fourth Amendment applies to e-mail. The Eleventh Circuit held that constitutional protection in stored copies of e-mail held by third parties disappears as soon as any copy of the communication is delivered. […]
Cato Program, “Did Lack of Consumer Protection Cause the Crisis?”
I’ll be participating in a program tomorrow at noon at the Cato Institute on the question, “Did Lack of Consumer Protection Cause the Crisis?” Info is here. Participants include Janis Bowdler, National Council of La Raza; Thomas Durkin, Former Economist, Federal Reserve Board; Ed Mierzwinski, U.S. PIRG; and myself. Moderated by Mark A. Calabria, Director, […]
“It May Be Clever, but It Is Not Constitutional”
Former federal judge Michael McConnell, of Stanford University, considers the constitutionality of the so-called “Slaughter Solution” — a proposal to allow the House to pass both the Senate health care bill and proposed reconciliation amendments in a single vote. To become law—hence eligible for amendment via reconciliation—the Senate health-care bill must actually be signed into […]
How Many Rounds of Edits Are Best, and What Kinds, for Law Review Publications?
The process of publishing a law review article usually involves rounds of edits. After the article is accepted, the author will submit the article to begin the editing process. The journal will suggest changes; the author will respond; the journal will suggest more changes; the author will respond, etc. Journal editors and authors […]
EEOC Concludes Company Should Have Reasonably Accommodated Employee’s Felt Religious Obligation to Wear a Headscarf
According to the Complaint in EEOC v. Pollard Agency, filed last week, the Pollard Agency fired an employee for “wearing a headscarf to cover her hair, which is a sincerely held religious belief as required by her faith.” The EEOC argues that this violates the duty of religious accommodation under Title VII of the Civil […]
Pi Day
A quibble about an item from the Pi Day site, which I’ve seen quoted in a few places: Pi is an irrational and transcendental number meaning it will continue infinitely without repeating. That pi is an irrational number does mean it will continue infinitely without repeating. For all rational numbers, and only rational numbers, the […]
Happy Pi Day
March 14, Pi Day. 3.141 … also, of course, the return of daylight savings time. I regret the lost hour, and the sense of weird jet lag, and it would be great if there were any sun rather than a third day of rain, but still, light in the evening! Life can go on. I’m […]
Justice Thomas and Judge Reinhardt
Today’s L.A. Times print edition carries an article with the headline, “Challenging a judicial norm,” and the subhead, “A justice’s wife may test impartiality standards by starting a ‘tea party’ group.” (The online version has a different headline and a slightly different subhead.) The article is about Virginia Thomas, the wife of Supreme Court Justice […]
Is Justice Stevens Planning to Stay Another Term?
Over at BLT, Tony Mauro has this interesting report of a forthcoming New Yorker interview in which Justice Stevens says he hasn’t made up his mind yet whether to retire at the end of the Term.