Author Archive | Todd Zywicki

9th Circuit Split?

Sean Sirrine has a very thorough roundup of the various legislative proposals related to a Ninth Circuit split.

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Confirmation Fight:

Reading the tea leaves, it seems clear that there will be a brutal confirmation battle regardless of who is nominated. At this point, a confirmation battle will be supply-side driven–the interest groups have the money already, and they are going to spend it one way or the other. And then try to raise some more. […]

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Use of Social Science in Judging:

On the Comments Board to my “Economics of Kelo” post (and let me echo David and others on how much I have learned from reading those comments), one participant raised an excellent question, that I think is worthy of a longer response (sorry to write so long, which I have been doing a lot lately […]

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Even Bernie Sanders Doesn’t Like Kelo:

Even Congress’s “lone self-described socialist, Rep. Bernard Sanders of Vermont” doesn’t like Kelo: I disagree with the Supreme Court’s decision in Kelo v. New London,” Mr. Sanders said. “I believe that the result of this decision will be that working families and poor people will see their property turned over to corporate interests and wealthy […]

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Shorter Law Review Articles:

Orin says it is generally thought to be good. I’m not so sure (I honestly haven’t made up my mind). In general, I think it is probably a good thing, but I think there may be substantial unrecognized costs. It is true that articles are much shorter in other disciplines. I suspect the main reason […]

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The Economics of Kelo:

The basic economic problem of eminent domain is the trade-off between strategic holdouts on one hand and sincere subjective value on the other. The nature of a “property” right is that it gives a holdout power to anyone who holds it–I don’t have to sell you my car or my autographed picture of Franco Harris’s […]

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T.J. Rodgers on Social Security:

My new colleague on the Dartmouth Board of Trustees comments: “I think Social Security is a real scam,” said Rodgers, the CEO of Cypress Semiconductor. “I think everybody knows now there is no Social Security fund, that you have no retirement account–that’s all a scam. If I ran this company the way the government runs […]

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“Corporate Funded”:

Last week David Bernstein noted the ringing dismissal of the judicial ethics complaint that had been lodged against Judge Danny Boggs for attending judicial education seminars. Monday, the Washington Times ran this column by Robert Huberty of Capital Research on the same issue, “Why Press Gets ‘Bad Press.’” Huberty writes: The Capital Research Center is […]

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Nomination Update:

Interesting article on the work at the White House surrounding a possible Supreme Court nominee (I’m told by a reader that access to the article requires registration). (HT: SCOTUS who also links to an interesting Novak column on the other day on the same topic).

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Relevance of International Law:

The 10 Commandments cases also nicely illustrate the fundamental problem with the Supreme Court’s “now you see it, now you don’t” approach to looking to international sources for guidance on interpreting the U.S. Constitution. If the Court is going to engage in a free-range analysis of policy, history, psychology, etc., about the accommodation of religion […]

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