Richmond-Times Dispatch columnist A. Barton Hinkle describes a massive corporate welfare handout that the Washington Redskins just got from Virginia’s state and local governments: The announcement that the Washington Redskins will move their training camp to Richmond was met with mixed emotions, as they say. It’s certainly great news for Virginia’s capital city. Virginians across […]
Archive | June, 2012
Report: Kochs and Cato Settle
The National Journal is reporting that the Koch brothers have settled their lawsuit against the current leadership of the Cato Institute: “Looks like we’ve come to an accommodation with the Koch brothers, Cato founder and president Ed Crane said Tuesday in a email to employees. Staffers will be briefed Monday on the settlement by Cato Chairman Bob Levy and John Allison, a […]
Failing Law Schools Now Available
I blogged previously about Brian Tamanaha’s terrific forthcoming book, Failing Law Schools. The book has received a lot of media attention so far, and I thought I would point out that the book is now available. (H/t: Mirror of Justice).
The Second Amendment and People Who Have Past Misdemeanor Convictions for Nonviolent Gun Possession
Chicago law bans gun possession without a license, and provides that licenses may not be issued to anyone who has “been convicted by a court in any jurisdiction of … an unlawful use of a weapon that is a firearm.” Shawn Gowder has a misdemeanor conviction for “unlawful use of a weapon” based on simple […]
If You Really Wanted to Read the Tea Leaves from Justice Ginsburg’s Speech at the ACS….
This post is nothing but sheer speculation without any support whatsoever. I’m sure I’m wrong about this, and you shouldn’t take this post at all seriously. Really, it’s just silliness that you should ignore. With those caveats, I was intrigued by Justice Ginsburg’s light and amusing tone during her commentary about the Affordable Care Act […]
How Much Will the Ruling in the Health Care Case Matter?
The Supreme Court will hand down its decision in the Affordable Care Act case in a few days, and there’s lots of apocalyptic rhetoric from both sides about what a decision affirming or reversing might mean for the law and for the Supreme Court. I agree that the decision is likely to be hugely important. […]
Snow Figures as “Fighting Words”
A fighting bookend for the personally abusive epitaphs case, and also an interesting issue in its own right — Svedberg v. Stamness (N.D. 1994) (emphasis added): This case arises from what is apparently a long-running feud between Anthony Stamness and Christian Svedberg, both minors…. Testimony indicated that Stamness and others referred to Svedberg as “Dumbo,” […]
When Is Following Someone to Investigate Their Possible Misconduct a Crime?
Compare Anonymous v. Anonymous (N.Y. Sup. Ct. 2010) and Fisher v. Johnson, 1992 WL 83309 (Minn. Ct. App. Apr. 28). Anonymous concludes that “hiring of a professional, licensed private investigator in a matrimonial action to gather evidence [of a spouse’s infidelity] is for a proper and legitimate purpose,” and doesn’t constitute criminal harassment, criminal stalking, […]
“21 Killed in Attacks on Churches in Nigeria”
ABC News reports: Suicide bombers killed 21 people [and wounded at least 100] in attacks on three churches in Nigeria during Sunday services, exacerbating religious tensions in a West African nation that is almost evenly divided between Muslims and Christians…. It was the third Sunday in a row that deadly attacks have been carried out […]
Interesting Fair Use Case
Northland Family Planning Clinic v. Center for Bio-Ethical Reform (C.D. Cal. June 15, 2012) rejected a copyright claim, finding (I think correctly) that defendant’s use was a fair use as a matter of law. Northland Family Planning Clinic created a video (apparently this one) titled “Every Day, Good Women Choose Abortion,” which, true to its […]
Reading the Tea Leaves on First American Financial Corp v. Edwards
It looks to me that there is only one case undecided from the Supreme Court’s December sitting — First American Financial Corp v. Edwards — and only one Justice without a majority opinion assignment: Justice Thomas. That suggests that the majority opinion was at least initially assigned to Justice Thomas. The case involves whether the […]
Scalia and Wickard: Not Unexpected
By David Bernstein on June 18, 2012 8:51 pm in Constitutional History, Constitutional Law, Constitutional Theory
With regard to Jonathan’s post on Justice Scalia’s harsh words for Wickard, I’m not really surprised. Back in 1992, I surveyed the (admittedly relatively limited) literature on the commerce clause from conservative and libertarian scholars and concluded: There is virtual unanimity among modern conservative and libertarian scholars that the broadening of federal power during the […]
Support Subsidies, Pay Less for Subsidized Service
Gary Leff reports on a new Amtrak program whereby those who join the National Association of Railroad Passengers, a D.C.-based “advocacy organization” that supports greater Amtrak subsidies, get special discounts on Amtrak tickets. Leff comments: Whatever you think of government funding for train travel in the United States, is it problematic that a government corporation […]
Restraining Order Bans Seemingly Disturbed Man from Going to the Town in Which His Sister Lives
That was the order in today’s N.G. v. J.P. (N.J. Super. Ct. App. Div. June 18, 2012); the appellate court upheld it, though it sent the case back down to trial court to carve out exceptions for “church attendance and doctor’s visits.” The defendant seemed to be rather disturbed, and to have done disturbing things; […]
Yeah, That’s the Way to Persuade People
ABC News reports: Christian protesters traveled across the country to Dearborn, Mich., where they taunted attendees and even held a severed pig’s head for three days at the annual Arab International Festival. The protests turned violent Sunday, and by the end of the day as many as 10 people facing disorderly conduct or assault charges, […]