If you’re in the Bay Area and have been enjoying (or at least reading) my posts on choice of law, civil unions, and other questions of recognizing same-sex marriage, you might be interested in this event: Thursday-Saturday, October 10-12, Stanford Law School will be co-hosting a conference on marriage equality. I’ll be presenting on a […]
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“How 30 House Republicans are Forcing the Obamacare Fight”
Byron York offers this very interesting column on the House GOP for The Examiner.
Nita Farahany Joining the Conspiracy
I’m delighted to report that Prof. Nita Farahany (Duke) is joining the Conspiracy. Nita is a Professor of Philosophy and a Professor of Genome Sciences & Policy, as well as a law professor. She is the author of Searching Secrets, 160 U. Penn. L. Rev. 1239 (2012), which deals with technology, intellectual property, and Fourth […]
Are Judges “Judicial Executioners”?
A provocative blog post on those who want to be judges: The best way to think about it is to ask yourself this question: “Am I a willing judicial executioner, a person who consciously does great harm to other human beings by faithfully executing the extraordinarily harsh national criminal laws?” Those who covet a federal […]
John Bellinger Explains How To Make a UN Security Resolution Legally Binding
Many commentators, including a lot of international lawyers and scholars, have scrutinized the (as yet unnumbered) UN Security Council resolution worked out between the US and Russia and among the P-5 members of the Council regarding Syria and chemical weapons. My quick take when the draft resolution was released on Thursday night is here at […]
The History of Debt Ceiling Votes and Government Shutdowns
James Fallows writes: there is no precedent for serious threats not to honor federal debt — as opposed to symbolic anti-Administration protest votes, which both parties have cast over the years. Nor for demanding the reversal of major legislation as a condition for routine government operations. There’s never been a “serious threat” to refuse to […]
Warsaw
So I’ve spent the past week in Warsaw, Poland, attending the European Law and Economics Association meetings and visiting the city. Although my family is Polish I’ve never visited the country. Perhaps my most distinct impression is how surprised I am at how middle class and prosperous the country seems, just 25 years removed from […]
Judge Weinstein’s Reply to the Second Circuit
It looks like Judge Jack Weinstein is releasing child pornography opinions almost as fast as we can blog about them. Orin has already posted about the Second Circuit reversing the sentence in United States v. Reingold yesterday. Later that same day, Judge Weinstein issued a nine-page opinion decrying the injustice of the decision — citing […]
Government Shutdowns Past
I have no idea whether there will be a government shutdown next week. If there is, it won’t be the first, or even the second. As detailed by WonkBlog, there have been seventeen federal government shutdowns since 1976. And, contra Chris Matthews’s recollection, there were seven when Ronald Reagan was President and Tip O’Neill was […]
Dignity of Recognition and Federalism
Yesterday I discussed my recent essay The Trouble with Dignity and Rights of Recognition. I want to explain further why I believe the Court’s decision ultimately does not rest on a federalism rationale, in part addressing Professor Ernest Young’s thoughtful response to my essay. The Court’s right of recognition is linked to the substantive right […]
A Notable Correction
From Wired‘s recent article on Dropbox: Correction appended [2:37 P.M. PST/9/17]: A previous version of this story incorrectly quoted Dropbox cofounder Drew Houston saying “anybody with nipples” instead of “anybody with a pulse.” Thanks to GeekPress for the pointer, and to Judge Ito for having a wet nose — no, wait ….
As Expected, Second Circuit Reverses Judge Weinstein in Child Porn Case
Back in 2011, I had a post titled “Second Circuit Clerks, Get Ready: Judge Weinstein’s New Opus Concluding Mandatory Minimum For Child Porn Distribution is Unconstitutional (At Least for Younger Defendants).” My post began: There are a lot of debates about “judicial activism” in which some question whether the term has real meaning. Fortunately, there […]
DC Court of Appeals Strikes Down Law Making It a Felony to Be Present in a Car When There is a Gun in the Car
The very interesting decision is Conley v. United States, authored by Judge Glickman with a concurring opinion by Judge Thompson.
Ted Cruz Derangement Syndrome
So apparently liberals don’t like Ted Cruz (nor do establishment Republicans either from what I read). But I think one of the more amusing things I’ve read so far is this one by Josh Marshall, who admits that he doesn’t really remember Ted but his wife does and–here’s his big news hook–all of Josh Marshall’s […]
Windsor and the Problem with Rights of Recognition
Commentators on Windsor v. United States, in which the Supreme Court invalidated Section 3 of the Defense of Marriage Act, have puzzled about whether the Court’s opinion relies on a federalism rationale or instead some broader rationale about rights for same-sex couples. In The Trouble with Dignity and Rights of Recognition, recently published in the […]