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Collegiality, Judging, and the D.C. Circuit
Chief Judge David Sentelle From filibustered nominees to recess appointments, the D.C. Circuit has been much in the news lately. But for all the blood sport involved in confirming a nominee to the D.C....
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The Return of the Aptonym
Abigail and David, Early Adopters of the Aptonym (see note 8 and accompanying text). Several months ago I put out the call for legal aptonyms, cases where a party’s name describes the legal rule, like...
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Grading Lessons from Cognitive Psychology
Macbeth and Banquo Try an Unorthodox Grading Method We’re (hopefully) nearing the end of law school grading season. Personally, I take the Macbeth approach: “if it were done when ’tis done, then ’twere...
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The Fifty State Solution to Shelby County
A Constitutional Coverage Formula The commentators’ verdict is in: Section 5 of the Voting Rights Act is finished. Although the preclearance section is still good law, Chief Justice Roberts’s opinion...
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What’s in a Name? Crowdsourcing the Search for Legal Aptonyms
A big fan of aptonyms First, thanks to the CoOp crowd, and especially to my colleague Danielle Citron, for having me as a guest. I look forward to the rest of the month here (assuming I’m not kicked...
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Why Law Reviews Should Stop Publishing in Hard Copy
What do the Internal Revenue Bulletin, ProPublica, and the science journal PLOS-ONE have in common? None of them publish in hard copy, and none think that hurts their perceived authority. They’re...
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How the Courts Encourage Leaking
Earlier this month my former State Department colleague (and current Columbia Law professor) David Pozen posted a draft of his forthcoming Harvard Law Review article, The Leaky Leviathan: Why the...
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Sequester the Filibuster
Last Friday, the White House withdrew Caitlin Halligan’s nomination for the D.C. Circuit (at her request). This sorry incident underscores just how broken our confirmation process has become. Halligan...
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Baseball’s Antitrust Exemption, Reliance Interests, and Roe
Just in time for Opening Day, I finished Stuart Banner’s new book, The Baseball Trust: A History of Baseball’s Antitrust Exemption. It’s a fun read and well-researched. Before Banner, the last major...
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De-Constitutionalizing Baseball (and Other Issues)
Yesterday I blogged about Stuart Banner’s new book on baseball’s antitrust exemption, focusing on the Supreme Court’s deference to reliance interests. But Banner’s story is also one of the Court...
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In Praise of the Telephone
Alexander Graham Bell, receiving an early call about a prospective intern Law school reform discussions tend to focus on two mantras: first, “it’s the debt, [stupid]” – high debt loads preclude certain...
View ArticleReflections on Today’s Tragedy
I imagine that I may not be the only one in legal academia who feels frustrated and a bit adrift today. Here’s what I plan on saying to my Civil Procedure class in several minutes after observing a...
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Collegiality, Judging, and the D.C. Circuit
Chief Judge David Sentelle From filibustered nominees to recess appointments, the D.C. Circuit has been much in the news lately. But for all the blood sport involved in confirming a nominee to the D.C....
View ArticleClik here to view.
The Return of the Aptonym
Abigail and David, Early Adopters of the Aptonym (see note 8 and accompanying text). Several months ago I put out the call for legal aptonyms, cases where a party’s name describes the legal rule, like...
View ArticleClik here to view.
Grading Lessons from Cognitive Psychology
Macbeth and Banquo Try an Unorthodox Grading Method We’re (hopefully) nearing the end of law school grading season. Personally, I take the Macbeth approach: “if it were done when ’tis done, then ’twere...
View ArticleClik here to view.
The Fifty State Solution to Shelby County
A Constitutional Coverage Formula The commentators’ verdict is in: Section 5 of the Voting Rights Act is finished. Although the preclearance section is still good law, Chief Justice Roberts’s opinion...
View Article
