Some people think that’s a really “stupid” question.
Archive | 2010
D.C. Event on “Regulating from Nowhere”
This Thursday I’ll be back in Washington, D.C. to participate in a book forum on Douglas Kysar’s new book, Regulating from Nowhere: Environmental Law and the Search for Objectivity sponsored by the American Constitution Society. Other participants include Sheila Jasanoff of the Harvard Kennedy School, Amy Sinden of Temple and, of course, Kysar. Details here.
A Recession-Driven Speed Trap in Falls Church?
Economic studies show that local governments often step up enforcement of minor traffic offenses during recessions in order to increase revenue. I seem to have been the victim of this kind of recession-driven revenue-mongering by the authorities in Falls Church, Virginia. Twice during the past year, I have been ticketed for driving over the 25 […]
Ninth Circuit, 2-1, Stays DADT Injunction
The stay is effective while the appeal is pending, meaning that DADT is in effect until at least early 2011 (or until it is repealed by Congress). The opinion is here. Judges O’Scannlain and Trott were in the majority; Judge Fletcher partially dissented, preferring to maintain the injunction during the appeal only as to actual […]
National Review Article, “Repeal the Seventeenth Amendment”
The Nov. 15 print issue of National Review contains an article by yours truly, “Repeal the Seventeenth Amendment.” I just saw it in print for the first time today.
Supreme Court Relist watch
Of last week’s eight relists (discussed here), two were denied today: Stroud v. Blount and Wong v. Smith, the latter over the dissent of Justice Alito (joined by the Chief and Justices Scalia). Those were both cases on their first relist. The rest all appear to have been relisted yet again, so Alderman is on […]
This Petition for Certiorari Seems Strangely Familiar
Last year I drafted a cert petition in McCane v. United States on whether the good-faith exception to the Fourth Amendment applies to changing law. The Court denied the petition. But having now just read the cert petition in Davis v. United States, the case the Court took today that raised the same issue as […]
Supreme Court Agrees to Hear Case on the Good-Faith Exception For Changing Law
As regular readers know, I have a forthcoming article that explains why I think the Supreme Court should reject the good-faith exception to the exclusionary rule for reliance on overturned precedent: Good Faith, New Law, and the Scope of the Exclusionary Rule, 99 Georgetown Law Journal (forthcoming 2011). Readers will also recall that I’ve been […]
Amicus brief in Calif. concealed carry case
Peruta v. San Diego is one of several cases challenging sheriff misapplication of California’s concealed handgun carry licensing statute. The case features Chuck Michel as lead attorney for plaintiffs. The case does not assert that California’s statute requiring a license to carry a concealed handgun for protection is unconstitutional. Rather, the argument is simply that […]
The Magazine on the Front Page of the New York Times?
Chief Conspirator Eugene commented on the legal aspects of the four-year old child and tortious negligence a couple of days ago, and linked to a story in the New York Times discussing the court’s holding. I was intrigued by something else linked to this story, but not about the law. Rather, when I opened the […]
Crime to Surreptitiously Videotape One’s Fiancee Naked
That sounds right to me in principle, but it’s interesting to see how the court reaches that result under this particular statute (and in particular to see the court’s explicit and implicit judgments about what lovers implicitly consent to). From yesterday’s Chiszar v. State (Ind. Ct. App.): On April 24, 2009, Chiszar’s fiancee, L.G., was […]
The Rally to Restore Sanity And/Or Fear
So I went to the Stewart/Colbert “rally” for an hour or so, but there were so many people that you couldn’t get close enough to follow what was happening. I assume it was different up close, but in the back you could barely hear anything and there was no video to watch, either. So for […]
The Negligent 4-Year-Old
From Menagh v. Breitman (reported on in this New York Times article): In this action for personal injury, plaintiff alleges that the infant defendants, who were racing bicycles on a sidewalk while under the supervision of their parent defendants, struck the plaintiff with their bicycles, causing severe injuries to the elderly plaintiff Claire Menagh…. [I]n […]
Montana Ballot Initiative to Eliminate Non-Traditional Lending Products
Montana has on its ballot an initiative that would cap interest rates on non-traditional consumer loans (payday, auto title, and installment loans) at 36%. It seems to be pretty comprehensive except for banks. It also changes the rules for pawnbrokers. Here’s an excellent recent analysis of some of the probable effects of the law. Given […]
Meeting Sarcastro
Thanks to all those VC readers who made it out last night. A good time was had by all (or so I hope), and we got to meet Sarcastro, live and in person.