Jonathan’s link to Pete Leeson’s article on the Trial By Ordeal (the full article itself is fascinating and fun) raises a point that I stress when talking to students about crime and deterrence in law and economics–whether criminal punishment serves as an effective deterrent actually depends on whether it is perceived as accurate/truth-revealing and outcomes […]
Archive | 2010
Lancet Retracts Vaccine-Autism Study
The Lancet, one of the premier medical journals, has retracted the controversial study purporting to link the MMR (measles, mumps and rubella) vaccine to autism in children. The journal issued this statement: It has become clear that several elements of the 1998 paper by Wakefield et al. are incorrect, contrary to the findings of an […]
Judge Jack Weinstein Again Sings the Praises of the Jury’s Nullification Power
From United States v. Polouizzi, decided two weeks ago (the latest phase in a case noted by Orin two years ago): Perhaps the issue is as well summed up as it need be by quoting briefly from Professor Roscoe Pound and Judge Learned Hand. Pound referred to jury nullification as “the great corrective of law […]
What Do Lech Walesa and Elton John Have in Common?
They are both foreign citizens who have appeared on behalf of U.S. political candidates. For the FEC’s explanation of why such volunteering by foreign citizens doesn’t violate U.S. election law, see the Elton John / Hillary Clinton decision, or this discussion from 2008. On the other hand, a foreign artist may not contribute intellectual property […]
Arbitration and Class Actions
My colleagues at Mayer Brown have an interesting new cert petition on arbitration and class actions, in AT&T Mobility v. Concepcion (seeking review of this Ninth Circuit opinion). The question comes up in lots of situations: A consumer signs an agreement (here, with AT&T Mobility) which includes an arbitration provision, and which forecloses class action […]
A Court I Had Never Heard of:
The North Carolina Business Court. I assume this is like the complex litigation division of the California Superior Court here in Los Angeles, but with a more formal separation from the other courts — or at least a more visibly separate name. But I’d be glad to hear more from North Carolina lawyers about this.
Graduating from College
Wisdom from President (and Chief Justice) William Howard Taft: Some men are graduated from college cum laude, some are graduated summa cum laude, and some are graduated mirabile dictu. Thanks to my father, Vladimir, who also pointed out that there are other options, such as graduating tabula rasa.
Floyd Abrams on Citizens United
Over the weekend, the WSJ published an interesting interview with First Amendment advocate Floyd Abrams on the Citizens United decision.
Are ClimateGate Scientists in the Clear?
The UK Information Commissioner’s Office recently confirmed that the disclosure of e-mails and other documents from the University of East Anglia’s Climate Research Unit revealed that some of the scientists violated the UK’s Freedom of Information law by failing to respond to legitimate document requests from other researchers. I blogged on this development here. Initial […]
“How Do You Fix a Bill that Hasn’t Been Passed Yet?”
Some House Democrats seem prepared to pass the Senate health care bill if the Senate will use the reconciliation process to amend the health care legislation. Yet there’s a catch. Some House Democrats want the Senate to go first, and as the Plum Line reports, congressional parliamentarians are not quite sure how to do this. […]
OLC Memo on FBI-Telco Cooperation
By Jonathan H. Adler on February 2, 2010 6:48 am in Counter-Terrorism Policy, Privacy, War on Terror
Marc Ambinder has an interesting post on a yet-to-be-released, classified Office of Legal Counsel memorandum on the FBI’s authority to seek the “voluntary” disclosure of some records by telecommunications companies. The memo was issued on January 8, apparently in response to a request from the FBI, and is referenced in an unredacted portion of this […]
John W. Davis v. Thurgood Marshall
While poking around the Web, I came across this Time Magazine article from December 1953 profiling the lawyers who argued the cases that became Brown v. Board, John W. Davis and Thurgood Marshall. Interesting to read how the case looked at the time of the argument, at least as reported by Time.
An Unfortunately Common Type of Law Review Article
Being a law professor, I read a lot of law review articles. And I find that a lot of law review articles on constitutional law topics offer an argument that goes something like this: 1) There is something bad going on in the world that is currently considered constitutional; 2) Of the many possible […]
Moot Court Openings
In law school, it’s common for students to be taught to give a somewhat grand introduction at the beginning of their moot court arguments. “MAY IT PLEASE THE COURT!”, the student is taught to announce, very slowly and formally, followed by an extended introduction that usually goes something like this: “My name is Joe Student. […]
Debate on Kelo and Post-Kelo Eminent Domain Reform at the University of Chicago Law School
By Ilya Somin on February 1, 2010 9:58 pm in Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
This Thursday from 12:15 to 1:30, I will be debating former University of Chicago Law School Dean Saul Levmore on Kelo v. New London and post-Kelo eminent domain reform – the biggest political backlash generated by any Supreme Court decision in many decades. Current UC Dean Michael Schill will moderate. I am in the process […]