As Bob Dylan is the most-cited songwriter in legal opinions — and one of the few (only) to inspire legal academic conferences — VC readers may be interested in his recent blog post addressing rumors that he had been denied permission to play in China until he agreed to limit what songs he would play. […]
Author Archive | Jonathan H. Adler
Justice Stevens Says Killing Bin Laden Was Okay
On the WSJ Law Blog, Jess Bravin reports that retired Justice John Paul Stevens thinks killing Osama Bin Laden was legal. “It was not merely to do justice and avenge Sept. 11,” but “to remove an enemy who had been trying every day to attack the United States,” Justice Stevens said at a dinner in […]
Kloppenburg’s Folly (Continued)
The Milwaukee Journal-Sentinel reports that the election recount requested by JoAnne Kloppenburg appears increasingly unlikely to alter the outcome of her race against Justice David Prosser. With the recount in the April 5 Supreme Court race now complete in every county but Waukesha, JoAnne Kloppenburg has sliced a mere 355 votes off Justice David Prosser’s […]
Hard Cases Make Bad Law – Activity/Inactivity Edition
I appreciate Orin’s thoughtful post below, responding to my post form last night on the activity/inactivity distinction. I think it helps make my point that the basic distinction between activity and inactivity is readily understandable. What Orin points out, however, is that the precise contours of this distinction are a bit fuzzy and may be […]
Did Clement and K&S Just Have a Big Misunderstanding?
The BLT Blog notes a story in The Daily Report (for subscribers only) that suggests the flap over King & Spalding’s on-and-off representation of the House of Representatives in DOMA litigation was due to a misunderstanding about the firm’s internal vetting process. The story quotes a statement from K&S partner J. Sedwick “Wick” Sellers, who […]
Baffled that Anyone Is Baffled by the Activity/Inactivity Distinction
The Fourth Circuit panel may have been baffled by the activity/inactivity distinction, as Orin reports, but it’s really not a new idea. The distinction between activity and inactivity is not an alien concept to the law. We see this distinction where the law recognizes the difference between acts of commission and acts of omission, for […]
Sixth Circuit Panel for Health Care Litigation
By Jonathan H. Adler on May 11, 2011 10:33 am in Federalism, Health Care, Individual Mandate, Sixth Circuit
A notice on the website for the U.S. Court of Appeals for the Sixth Circuit announces that the three-judge panel to hear the appeal in Thomas More Law Center v. Obama, another challenge to the constitutionality of the individual mandate, will consist of Circuit Judges Boyce F. Martin, Jr. and Jeffrey S. Sutton, and District Court […]
An End to Minimum GPAs for Merit Scholarships?
The recent NYT story on law schools’ use of grade-contingent, merit-based scholarships to recruit 1Ls has prompted substantial discussion in the blawgosphere (including here and here). At some schools, a substantial proportion (if not a majority) of the incoming 1L class may receive merit scholarships that are contingent upon the maintenance of an above-average […]
Fracking and Flaming Faucets
A new study by researchers at Duke University found high levels of methane contamination in drinking water associated with hydraulic fracturing in Pennsylvania and New York — contamination that could be the cause of the infamous “flaming faucets” featured in “Gasland.” On the other hand, the study found no evidence “no evidence of contamination from […]
A “No-Ride” List for Amtrak
Reuters reports that Senator Charles Schumer (D-NY) believes the federal government needs to create a “no-ride” list for Amtrak to prevent potential terrorist attacks on trains.
A Team Without Class
No team likes to get swept out of the playoffs. Just ask the top two seeds in the NHL playoffs, both of which were swept in the second round this week. Rarely, however, does a team respond as the Los Angeles Lakers have in the past few minutes. It was a pathetic display for a […]
Feds Continue to Target Medical Marijuana Distribution
In 2009, the Obama Administration announced a new federal policy regarding marijuana in states in which medical marijuana has been legalized. The policy statement instructed federal prosecutors not to devote federal resources to prosecuting those who use or supply medical marijuana in strict compliance with state law. At the time, Ilya and I praised the […]
Gov’t Panel to Propose Fracking Rules
Energy Secretary Steven Chu has named a panel of energy experts that is charged with proposing rules addressing potential environmental and health risks posed by hydraulic fracturing (aka “fracking”). The NYT reports: The administration hopes to avoid the safety and regulatory breakdowns that led to the Deepwater Horizon blowout a year ago as it oversees onshore […]
Stevens Hearts Alito
Retired Justice John Paul Stevens has not been shy about commenting on Supreme Court decisions since he left the bench. As Lyle Denniston reports on SCOTUSBlog, Justice Stevens has commented on several decisions released this term. Interestingly enough, Justice Stevens’ comments indicated he would have had an unusual partner in some cases: Justice Alito. In […]
End Subsidies for Oil and Gas
The Cato Institute’s Jerry Taylor and Peter Van Doren argue that Republicans should take up the President’s offer to eliminate subsidies for the oil and gas industry. Indeed, limited government conservatives should do the President one better, and call for the elimination of energy subsidies across the board. I doubt the President would accept this […]