At least for VC readers who regularly follow the comment threads: Every time commenter “J. Aldridge” mentions John Bingham, you have to drink.
Author Archive | Orin Kerr
NYT: “Wave of Debt Payments Facing U.S. Government”
Wait, you mean we’re expected to pay all that money back?
Thoughts on Sarah Palin and Going Rogue
Like Ilya, I’ve been reading Sarah Palin’s book and following her media appearances. It’s difficult to say anything original about a polarizing figure such as Palin. And no matter what you say, around half of the VC readership will be convinced you are a complete idiot (which half depending on which side you take). But […]
How Common is the Socratic Method in Law Schools Today?
In a post below, Ilya writes: The traditional law school reliance on the the Socratic method, which I criticized on other grounds in this series of posts, is part of the problem. Many professors and students assume that it is the only correct way of teaching law classes, especially large intro courses, and therefore don’t […]
Does Bringing A Terrorist Suspect From Gitmo to New York Confer Any More Legal Rights?
One of the many interesting issues raised by the decision to try Khalid Sheikh Mohammed and other terrorist suspects in New York is whether transferring them to New York gives them any additional rights that they could assert to try to stop the prosecution against them. On Wednesday, the seven GOP Senators on the Judiciary […]
“Night Lights” Classic Jazz Radio Program
I recently discovered the “Night Lights” Classic Jazz Radio Program, an hour-long weekly jazz program produced by Indiana University’s public radio station. It’s marvelous, and there are five years’ worth of archives available on the web that you can listen to at any time. Each program focuses on a particular artist, particular period, and/or particular […]
Justice Department to Drop Lori Drew Appeal
I am pleased to announce that the Justice Department will be moving to dismiss its appeal in the Lori Drew case. The motion apparently will be filed today or tomorrow, and it will bring the Drew case to a close.
Open Comment Thread on McDonald
I had a feeling my post predicting the votes on the Privileges and Immunity argument in McDonald v. City of Chicago might draw a disapproving response from Randy, and I see it did. Based on past experience, I gather Randy’s questions directed to me are rhetorical questions designed to defend Randy’s view of the Constitution, […]
How Many Votes To Overrule The Slaughterhouse Cases?
As I mentioned yesterday, the petitioner’s brief in McDonald v. City of Chicago written by Alan Gura asks the Supreme Court to overrule The Slaughterhouse Cases and adopt a very different interpretation of the Fouteenth Amendment’s Privileges or Immunities Clause. The obvious question is, how many Justices will agree? My guess: only one. In this […]
Petitioner’s Brief in McDonald v. City of Chicago (The Second Amendment Incorporation Case)
Today the Petitioners in McDonald v. City of Chicago, the case on whether the Second Amendment applies to the states, filed their merits brief. You can read it here. It’s a truly remarkable brief. It devotes 55 pages to arguing that the Supreme Court should overturn The Slaughterhouse Cases (1873) and embark on a […]
Reinhardt Reversed for Third Time in Same Case
The basic dynamic of Ninth Circuit “liberal lion” Stephen Reinhardt overturning a death sentence in a habeas case — and then the U.S. Supreme Court reversing Reinhardt — happens so often that it normally would not merit comment. But here’s a slight twist: Today the Supreme Court reversed Reinhardt for the third time in […]
Symposium on Originalism and the Jury
This Tuesday I’ll be participating in a very cool symposium on Originalism and the Jury hosted by the Ohio State Law Journal. We’ll discuss the Sixth and Seventh Amendment jury trial rights, their original meanings, and to what extent courts should or are likely to match the modern jury trial right to what existed at […]
Computer Crime Law, Second Edition
I’m pleased to announce that the Second Edition of my Computer Crime Law casebook has just been published. A few quick points about it, for those who are interested in such things: 1. About 20% of the main cases are new, reflecting the dramatic caselaw development in the field since the 1st edition came out […]
Andre Davis Confirmed to Fourth Circuit
Congratulations to Judge Andre Davis, who was confirmed by the United States Senate today for a seat on the U.S. Court of Appeals for the Fourth Circuit. As the NYT Caucus blog points out, Judge Davis is filling a seat vacated by the judge for whom he clerked, Judge Francis Murnaghan Jr., who died in […]
When the Berlin Wall Came Down, Twenty Years Ago
I was a freshman in college, watching this Peter Jennings broadcast with my roommates in 75 Holder Hall with a sense of complete astonishment that the world could shift so suddenly– all the while trying to adjust the rabbit ears of our early 1970s TV to try to get better reception.