I thought this chart from a Pew Study on American politics was very interesting. (“So what are you trying to say, Professor Bernstein?” I’m trying to say that I thought this chart was very interesting.)
Archive | August, 2012
Ed Whelan’s Critique of Posner’s Critique of Scalia
Well-known legal commentator and former Scalia clerk Ed Whelan has an interesting critique of Judge Richard Posner’s very negative review of Justice Scalia’s recent book on legal interpretation (coauthored with Bryan Garner).
District Court Orders Restoration of Weekend Early Voting in Ohio
Have there been enough big election law decisions this week? Apparently not, as earlier today a federal district court in Ohio has held that a change in the Ohio Revised Code that ends in-person early voting the Friday before election day (for all voters other than overseas military personnel) is unconstitutional and issued an injunction […]
How Not to Label Biotech Foods
By Jonathan H. Adler on August 31, 2012 8:15 am in Food and Drink, Freedom of Speech, Junk Science and Quackspertise, Politicizing Science
In November, Californians will vote on Proposition 37, a ballot initiative to impose a mandatory labeling requirement on all foods produced with or from genetically modified organisms (GMOs). For reasons I discuss in this New Atlantis article, this requirement is unnecessary, unwise and potentially unconstitutional. The effort has been endorsed by numerous progressive organizations and […]
Harvard Cheating Scandal
The Associated Press reports on a massive cheating scandal at Harvard: Harvard University is investigating whether dozens of undergraduate students cheated on a take-home exam last spring. School officials said they discovered students may have shared answers or plagiarized on a final exam. They declined to release the name of the class, the students’ names […]
Fifth Circuit Historical Cell-Site Case: The Most Relevant Ripeness Precedents
This is the second in a series of posts on the justiciability of Fourth Amendment disputes. Specifically, the issue is whether magistrate judges have the power, when asked to review a statutory court order for surveillance under the Stored Communications Act, to decline to sign an application that satisfies the statute but that the magistrate […]
Things No Lawyer Should Want to See Written About Him in a Court Opinion
“Counsel shall not charge petitioner, directly or indirectly, for the attorney’s fees and costs associated with this petition. Within 30 days of this order, counsel shall file a certificate stating under oath that he has discussed this matter with his client and has refunded any money he may have charged her for working on this […]
D.C. Court Rules Against Texas Voter ID Law
Earlier today a special three-judge panel held that the Texas voter ID law violates Section 5 of the Voting Rights Act. This is the second time this week courts have ruled against a Texas election law. (The first was noted here.) Here are the opinion and early analysis from Rick Hasen.
Inviting A “Stop and Frisk” By Openly Carrying an AK-47 Pistol with a Thirty Round Clip In a Public Park: An Unusual Fourth and Second Amendment Case
The case is Embody v. Ward, handed down today by the Sixth Circuit in an opinion by Judge Sutton. It begins: Tennessee law allows individuals with gun permits to carry handguns in public places “owned or operated by the state” such as “public park[s]” and “natural area[s].” Tenn. Code § 39-17-1311(b)(1)(H). The statute defines a […]
Gov. Chris Christie’s Speech and First Person Singular Pronouns
Prof. Mark Liberman (Language Log) is unimpressed with the claim that Gov. Chris Christie “used the word ‘I’ 30 times, plus a couple of ‘me’s’ and ‘my’s’ tossed in for seasoning” in his speech, and that this somehow says something important about Christie. Liberman had in the past responded similarly to those who made similar […]
Which of these is a Sandwich?
In this (very critical) review of Justice Scalia’s new book, Judge Posner makes the following claim: “a hamburger is regarded as a sandwich, and also a hot dog—and some people regard tacos and burritos as sandwiches, and a quesadilla is even more sandwich-like.” Is this right? In my experience, “sandwich shops” like Corner Bakery don’t […]
Academics’ Letter of Support for Colorado Amendment 64 – A Marijuana Legalization Initiative
I am one of over 100 academics in various disciplines who signed a letter supporting Colorado Amendment 64, a referendum initiative which would legalize marijuana possession and sales in that state for residents over the age of 21, and generally institute a regulatory regime for marijuana similar to that currently in force for alcohol. The […]
Simony
Todd Zywicki’s question, “can you think of … things … [that] used to be for sale (expressly or implicitly) and today … are not?,” reminded me of a word I learned a few years ago: “Simony,” in the sense of “the sin of buying or selling ecclesiastical preferments, benefices, etc.” — that’s offices, not indulgences […]
The Scalia/Posner Debate Continues
Richard Posner has a rather brutal review of Scalia & Garner’s new book here, in the New Republic. (Subtext: Yes, Nino, I do sit in judgment of your opinions.) Thanks to How Appealing for the link.
Attorney General Holder grants BATFE expanded forfeiture powers
Details here, from Americans for Forfeiture Reform. In short, BATFE becomes another federal agency which gets to seize large sums of cash, based on presumption that a large sum of cash must be related to an illegal transaction in controlled substances. And notwithstanding the fact that the Bureau of Alcohol, Tobacco, Firearms and Explosives is […]