The bloggers of “Law School Headlines” are no longer going to update their blog. That’s unfortunate, as it was a useful site. But thanks to “The Two Recent Law School Graduates Who Ran This Place” for their blogging.
Author Archive | Orin Kerr
Suing to Get More Time on Exams
This is a month old, but still interesting: A learning-disabled freshman suing Princeton University for refusing to allow her extra time to take exams was dealt a setback this week, as a federal judge refused a temporary restraining order on the eve of midterms. But plaintiff Diane Metcalf-Leggette still has a shot at getting a […]
Regulating Inactivity Under the Commerce Clause
My co-blogger Randy Barnett has posted his very interesting analysis of why he believes that requiring health care insurance is unconstitutional under existing Commerce Clause precedents. A key part of his argument is that requiring health care insurance is not regulating commercial activity because it attempts to regulate inactivity: To assess the constitutionality of a […]
Marriage Ceremonies in the Age of Facebook
Pretty funny, I think. Hat tip: Ann Bartow.
Streaming Video of Symposium on “Originalism and the Jury”
I recently participated in a terrific symposium hosted by the Ohio State Law Journal on Originalism and the Jury. The Law Journal has now posted the videos of the panels here. I was on a very fun panel with Judge Nancy Gertner, Doug Berman, and Stephanos Bibas hosted by Dean Alan Michaels that you can […]
Federalist Society Student Symposium: Originalism 2.0
The Federalist Society has announced some details of the 2010 student symposium: It will be on “Originalism 2.0,” and it will be held at the University of Pennsylvania Law School on February 26-27, 2010. The panels, debates, and discussions include the following: Originalism: A Rationalization for Conservatism, or a Principled Theory of Interpretation? Originalism and […]
In the Future, Will a Ph.D. Be More Important to Get A Law Teaching Job — Or Less?
Over at CoOp, Dave Hoffman recently made an interesting prediction about the likely value, over the next few years, of having a Ph.D. to get an entry-level law teaching job: There are more PhDs in the legal academy every year. They’ve all of the motivation in the world to demand the training as a credential […]
Michigan v. Fisher
This morning the Supreme Court handed down a per curiam Fourth Amendment decision, Michigan v. Fisher. The facts of Fisher are pretty similar to Brigham City v. Stuart, 547 U. S. 398 (2006), and the Supreme Court reversed the decision suppressing the evidence on the strength of Stuart. The most surprising aspect of the case […]
Supreme Court Briefing in the Year 2030
I had a dream last night that it was 2030. I was doing a virtual-reality-cast about how briefing Supreme Court cases has changed since the 20th Century. Here’s what I remember saying in the dream: Robot45, thanks, it’s a pleasure to be here! I’m one of the old-fashioned dinosaurs from the MSB — Main Stream […]
The Ethics of Discriminating Against Federalist Society Members For Law Firm Jobs
Randy Cohen’s The Ethicist column in the New York Times responds to the following reader question: While interviewing law students for jobs as paid summer interns and full-time associates for my firm, I noticed several had résumés listing their activities in the Federalist Society. Some of my partners have conservative views similar to those of […]
Measuring the Accuracy of Law Review Placements
Law professor blogs love to debate the law review submission process, and in particular the pros and cons of student-edited journals. The most common complaints about the current system are that placements reflect author/school prestige and students just aren’t informed enough to separate better articles from worse ones. Over at Prawfs, Fabio Arcila comments: “There […]
Sanchez on the Virtual Fourth Amendment
Over at Cato@Liberty, Julian Sanchez offers an extensive response to my draft article, Applying the Fourth Amendment to the Internet: A General Approach, Stan. L. Rev. (forthcoming 2010). I hope to respond with comments soon, but for now I just wanted to flag the link.
Ten Types of Commenters
Crooked Timber has a list. (h/t) I don’t think it’s that bad: Most comments, at least here, are very good. On the other hand, moderating comment threads does teach you that there are a lot of people who feel that the world has treated them unfairly — and that they see the Internet as a […]
Oral Argument in Free Enterprise Fund v. PCAOB
This morning the Supreme Court heard oral argument in Free Enterprise Fund and Beckstead and Watts, LLP v. Public Company Accounting Oversight Board, an important separation of powers case. I went to the argument, and from what I saw — or rather, what I heard, as I was in the overflow seating in the Lawyer’s […]
Does the Cert Grant in McDonald Suggest the Court Will Rethink Slaughterhouse?
Those who expect the Supreme Court to rethink and perhaps overturn the Slaughterhouse cases in McDonald v. City of Chicago often look to the scope of the cert grant to justify that prediction. The Justices could have granted cert only on the question of whether the Due Process clause incorporates the Second Amendment. But they […]