The Snyder v. Phelps jury held defendants liable not just for intentional infliction of emotional distress, but also for invasion of privacy. “Invasion of privacy” covers several torts, but the ones alleged here were “intrusion upon seclusion” (because the picketing was outside a funeral, albeit 1000 feet away) and “publicity given to private life” (apparently […]
Archive | 2010
The Overbreadth Doctrine and the Funeral Picketing Case
I blogged above about why the intentional infliction of emotional distress tort is unconstitutional, at least unless it’s limited to otherwise unprotected speech (such as threats or fighting words) — which it hasn’t been. Here I want to explain why it’s proper to focus on the constitutionality of the law generally, and not just on […]
Me Too
I generally don’t like to put up “me too” posts, but I did want to express my agreement with Jonathan Adler’s (and many others’) defense of the Justice Department lawyers who, while in private practice, defended various Guantanamo detainees pro bono. As I argued in a similar controversy three years ago, I’m sure that the […]
Supreme Court’s October Sitting: Speculation About Authorship of Remaining Opinions
With today’s decision in Bloate (pronounced “blow-tay”) v. United States, there are only four cases undecided from the October sitting: United States v. Stevens, 08-769 (the First Amendment challenge to the federal prohibition on depictions of animal cruelty); Salazar v. Buono, 08-472 (involving an Establishment Clause challenge to a cross used in a war memorial […]
Comic Demetri Martin on His Two Years at NYU Law School
Here’s standup comic Demetri Martin on his two years at NYU Law School and the “Word of the Day” game. Good stuff. [youtube]http://www.youtube.com/watch?v=EvG8FLNPVFE&feature=player_embedded[/youtube] Hat tip to TaxProfBlog.
Saving the Everglades, or Saving US Sugar?
The NYT reports that Florida’s ambitious Everglades restoration plan, as actually implemented, may do more to help ag-giant US Sugar than to restore and protect the Everglades. Although heralded when first announced, Florida has had a hard time following through on the plan. the governor’s ambitious plan to reclaim the river of grass, as the […]
From “Nudge” to Shove
The WSJ reports on the rapid rise and apparent fall of behavior economics within the Obama Administration. It begins: A little more than a year into its ascendancy at the White House, behavioral economics as a key policy-making tool may be on the wane. The opening weeks of the Obama administration were a coming-out party […]
Conservatives Defend “Al Qaeda 7”
An increasing number of conservatives are criticizing the group, Keep America Safe, for its shameful ad on the “Al Qaeda 7” — political appointees in the Justice Department who represented detainees prior to their appointment. Benjamin Wittes has also drafted a statement decrying the attacks signed by several prominent conservative attorneys, including Peter Keisler, David […]
Is Texas About to Execute (Another) Innocent Man?
There is strong, if but not conclusive, evidence suggesting that Texas executed an innocent man, Cameron Todd Willingham. Radley Balko reports that some fear the Lone Star state is about to do it again in the case of Hank Skinner. DNA testing of remaining evidence might put an end to such fears, and provide further […]
Where and how to try Adam Gadahn:
Taliban propagandist Adam Gadahn (a/k/a Adam Pearlman and “Azzam the American”) has been captured in Pakistan. In 2006, he was indicted for treason in the federal district court for the Central District of California. Both during and after World War II, federal courts were successfully used for treason trials for American citizens who had served as […]
Sunday Song Lyric
The 82nd Annual Academy Awards airs tonight. Five songs were nominated for Best Original Song, but none of the artists will perform on the program — perhaps because this year’s nominees are a bit underwhelming. Which song will win? Although Randy Newman penned two of the five songs, my guess is “The Weary Kind” by […]
The Say Hey Kid:
There was a delightful review, by Pete Hamill, in last week’s NYT Book Review, of James Hirsch’s “Willie Mays: The Life and Legend.” Can’t speak for the book, but Hamill’s little love letter to baseball in New York in the Fifties is wonderful. There never was, and never will be, anything like baseball in New […]
A Very Brief History of the Pocket
Yes, you read that right: the pocket. From the BBC (yes, you read that right too): To begin with, the definition of the word ‘pocket’ states that it is ‘a small baglike attachment’. The reason for this particular definition is that the pocket was not originally sewn into garments as it is today. In fact, […]
The Size of the Federal Government
Three statistics: Overall Gross Domestic Product of the United States: $14.2 trillion (2008 figure). Size of the Budget of the United States Government: $3.5 trillion (2009 figure). Expected Federal Budget Deficit in 2010: $1.5 trillion (Congressional Budget Office estimate). In percentage terms, the federal budget is about 25% of the GDP of the United States, […]
The Fourth Amendment, 1900-1905.
Total number of published federal court cases in which the phrase “Fourth Amendment” appeared, from January 1, 1900, to December 31, 1905: 9. Total number of published federal court cases in which the phrase “search warrant” appeared, from January 1, 1900, to December 31, 1905: 6.