The U.S. Court of Appeals for the Ninth Circuit has granted rehearing en banc in United States v. Pool, a case challenging the constitutionality of requiring the arrested to submit to DNA testing before they are released on bail. A divided three-judge panel had upheld the condition. How Appealing has more here.
Archive | June, 2011
Gay Athletic Group Has First Amendment Right to Limit the Number of Straight Players on a Team
By Eugene Volokh on June 3, 2011 5:36 pm in Freedom of Association, Freedom of Speech, Sexual Orientation
From Apilado v. North American Gay Amateur Athletic Alliance, 2011 WL 2148816 (W.D. Wash. May 31): This case arises from the disqualification of a softball team from the 2008 Gay Softball World Series (GSWS). The event was operated by Defendant North American Gay Amateur Athletic Alliance (NAGAAA) and attended by Plaintiffs Steven Apilado, LaRon Charles, […]
Court Upholds Baptists’ Right to Proselytize (and Criticize) on Sidewalks at a Religious Festival
So holds Teesdale v. City of Chicago (N.D. Ill. May 26, 2011) (earlier ruling here), in a decision that is much like the one in the Dearborn, Michigan incident, though of course with a different religious group as the target: Plaintiffs … alleged that defendants interfered with their distribution of religious literature and related proselytizing […]
Online Journalism Ethics, or, Down the Memory Hole
The New York Times apparently thought better of the statement by Jill Abramson, announcing her appointment as the new executive editor, that in “my house growing up, The Times substituted for religion. If The Times said it, it was the absolute truth.” I would link to the NYT article, but the quote has been deleted […]
Prison Vouchers — part 4
This is the fourth in a series of posts serial-blogging my new article, Prison Vouchers, forthcoming in the Penn Law Review. The first post in the series is here (I recommend reading it for an overview of the entire paper), and the second post is here and the third is here. Some of the concerns […]
Conservatives’ “Advantages” in Getting Law Professor Academic Jobs
Brian Leiter: Another Advantage Aspiring Law Teachers on the Right Have Over Others It’s programs like this, which employ ideological criteria for eligibility. The American legal academy is already quite far to the right on a range of economic and policy issues by comparison to both the rest of the U.S. academy and the legal […]
Mayo Collaborative Servs. v. Prometheus Laboratories, Inc.
I blogged about this case a couple of years ago, and saw that some readers were interested in it; so I thought I’d post an update on it, since it’s coming up to the Court again. As my Mayer Brown LLP colleagues and I say in the petition for certiorari, This case concerns whether a […]
John Edwards Indicted for Campaign Finance Violations
You can read the indictment here. The Washington Post reports on the indictment. [Update: You can now read my Slate column on the Edwards indictment. I also talked about it on “To the Point” with Warren Olney.] I’m not at all sure that if Edwards is convicted that the campaign finance charges will stick. There […]
What’s Next for the Single Subject Rule?
The single subject requirement is a technical rule that is often used to invalidate voter initiatives, either before or after they go to the ballot. Critics of the rule have claimed that it cannot be enforced in an objective, consistent way because the definition of a “subject” is infinitely elastic. Our article, based on our […]
Crazy religious public access show guy with a beard?
Well, I think the title of this post is pretty self-explanatory. There was such a guy, at least in L.A. in the ’90s. He also scribbled on a large dry-erase board. Does anyone remember his name?
Jon Stewart Teaches Donald Trump about Pizza
The Daily Show With Jon Stewart Mon – Thurs 11p / 10c Me Lover’s Pizza With Crazy Broad www.thedailyshow.com Daily Show Full Episodes Political Humor & Satire Blog The Daily Show on Facebook
Is carrying an unloaded handgun an effective means of self-defense?
Currently before the 9th Circuit Court of Appeals is Peruta v. San Diego, in which plaintiffs challenge the San Diego Sheriff’s refusal to issue concealed handgun carry permits to ordinary persons who wish to carry handguns for lawful self-defense. The district court held that the Sheriff’s actions were not Second Amendment violations because, inter alia, […]
Prison Vouchers — part 3
This is the third in a series of posts in which I’ll be serial-blogging my new article, Prison Vouchers, forthcoming in the Penn Law Review. The first post in the series is here (I recommend reading it for an overview of the entire paper), and the second post is here. Many of the comments to […]
$14,000 Fine (Plus Order to Apologize) in South Africa for Anti-Homosexuality Op-Ed and Cartoon
The story (which, among other things, argued that the South African Constitution should be changed to reject same-sex marriage rights) and cartoon (which suggested that recognition of same-sex marriage would logically justify recognition of human-animal marriage) are here. The account of the court decision is in the Mail & Guardian; here’s an excerpt: Former Sunday […]
Sixth Circuit Oral Argument on the Individual Mandate
The Sixth Circuit held oral argument yesterday in its case on the constitutionality of the individual mandate. The arguments to dismiss on procedural grounds are here (30 minutes), and the arguments on the merits are here (65 minutes). I just finished listening to the merits argument, and it was an excellent discussion for anyone who […]