Author Archive | Todd Zywicki

Hanno Kaiser proposes it.

As I noted the other day, a fight over any Supreme Court nominee is inevitable because the interest groups already have the money and it is earmarked for this purpose (what are they going to do, give it back? decide not to run the ads they have planned?). Perhaps the best analogy is World War […]

A friend who is a professor at another law school sends along this request: I hope you don’t mind another effort to pick your brain as I compile materials for my Law & Econ class. For takings, I’m assigning Thomas Merrill’s 1986 article on “public use,” and I’m trying to add a few short economics-minded […]

“Filibuster Deal Puts Democrats In a Bind: Pact May Hinder Efforts to Block High Court Nominee“: The pact, signed by seven Democrats and seven Republicans, says a judicial nominee will be filibustered only under “extraordinary circumstances.” Key members of the group said yesterday that a nominee’s philosophical views cannot amount to “extraordinary circumstances” and that […]

From today’s Washington Post: A planning document for Senate Judiciary Committee Republicans says the nominee will be counseled to avoid disclosing “personal political views or legal thinking on any issue” in an effort to put a focus on qualifications rather than specific issues, including same-sex marriage and the government’s treatment of suspected terrorists. Democrats signaled […]

In case you missed it, Richard Epstein comments on Kelo (not to ruin the suspense or anything, but he doesn’t like it).

Law.com profiles those who it believes are involved in the President’s inner-circle of advisors for Justice-picking.

In the Mark Steyn column noted earlier he cites the fact that Arnold, Missouri is using the eminent domain power to take 30 homes, 14 businesses, and the local VFW to put in a Lowe’s and a strip mall. More details on that project here. In addition to using the government’s eminent domain power to […]

In honor of July 4, some raucus and well-timed fireworks from Mark Steyn giving the Supreme Court a well-deserved helping of derision. I recommend the whole thing–every sentence is hilarious. Here’s a snippet: Rule by the judicial interpretation of principles is problematic enough for some of us. But rule by the judicial interpretation of lack […]

The original Rollerball on ESPN Classics tonight. Although one of the worst most anti-business movies of all-time (Ribstein doesn’t discuss this one, probably because his tastes aren’t as lowbrow as mine so he didn’t think of it), I enjoy the heck out of it. As for the anti-business message, I like the “individual liberty against […]

I received this transcript of Robert Bork’s phone interview on CNN, but haven’t been able to find a link to it. It seems like an accurate transcription. If anyone has found it, let me know. The most amusing part of the exchange: KAGAN: I would like to ask you a personal question, Justice Bork. As […]

The Real Estate Section in today’s Washington Post has an informative article by Kenneth R. Harney on the likely winners and losers from Kelo, “Court Ruling Leaves Poor at Greatest Risk“: Where does that leave you if your local government sees potential for a higher and better use for your home and land? What if […]

Allow me to second Larry Ribstein’s motion that the President nominate my dear friend and sometimes co-author Edith Jones as the obviously best appointment to replace Justice O’Connor. She is smart, thoughtful, experienced, principled, and of impeccable judgment and character. An extraordinary person and extraordinary judge. As Larry suggests, she is the obviously correct choice […]

Roy Poses has an interesting post on the Health Care Renewal blog, where he looks at some of of the interrelationships between the parties and some of the financial details in the case. [In my “Economics of Kelo” post, I simplified the actual relationship between Pfizer and the City of New London and the New […]

For those, like me, who never really got the hearsay rule and its exceptions, you have two choices. First, you can do like me and practice in bankruptcy court, which has somewhat loose de facto evidence rules. Second, you can learn everything you need to know from this video enactment of the hearsay exception acted […]