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Human Rights at Home Blog

Human Rights at Home Blog

Edited by Martha F. Davis, Margaret Drew, Lauren Bartlett, Carrie Bettinger Lopez, Leigh Goodmark, Brian Howe, Deena Hurwitz, Risa Kaufman, Sital Kilantry, Mariah McGill, Fran Quigley, Katherine Schultz, David Singleton, Cindy Soohoo, Jonathan Todrews, Penny Venetis and Lesley Wexler.

http://lawprofessors.typepad.com/human_rights/
  • Mar 22

    A “No Show” at the IACHR: A Portentous Absence

    A “No Show” at the IACHR: A Portentous Absence
    by guest contributor Deborah M. Weissman, Reef C. Ivey II Distinguished Professor of Law, UNC School of Law The failure of the United States government to appear at a scheduled hearing before the Inter-American Commission on Human Rights…
  • Mar 21

    No Excuse for US Refusal to Attend InterAmerican Commission Hearing

    No Excuse for US Refusal to Attend InterAmerican Commission Hearing
    by guest author Sarah Paoletti, Penn Law The Inter-American Commission on Human Rights’ 161st Period of Sessions – which concluded with hearings on the United States – will be marked by the unprecedented failure of the…
  • Mar 20

    Judge Gorsuch and Women

    Judge Gorsuch and Women
    Over the course of the past few weeks, women's organizations have reviewed Judge Gorsuch's record in an attempt to determine his understanding of the myriad legal issues women face. Judge Gorsuch by and large has not appreciated the…
Rank this Week: 1607

Legal Profession Blog

Legal Profession Blog

Edited by S. Alan Childress, Michael S. Frisch, Jeffrey M. Lipshaw and Nancy B. Rapaport.

http://lawprofessors.typepad.com/legal_profession/
  • Mar 22

    Long Delay Benefits Accused Judge

    Long Delay Benefits Accused Judge
    The New York Commission on Judicial Conduct has censured a town court justice The record before us demonstrates that in performing his judicial duties in several cases in 2010 and 2011, respondent overreached his judicial authority,…
  • Mar 21

    Magical Lawyer Makes License Disappear

    Magical Lawyer Makes License Disappear
    An attorney was permitted to surrender his license after he had admitting defrauding his criminal client by the Tribunal Hearing Division of the Law Society of Upper Canada. Mr. Munir represented a client in a criminal prosecution for sexual…
  • Mar 21

    Taming The Hawk

    Taming The Hawk
    The Illinois Supreme Court has announced dispositions in a number of bar discipline matters including Mr. Grnacek, who was licensed in 1974, was censured. While a patron at the Korner Keg & Kitchen in Braidwood, he struck another patron…
Rank this Week: 462

Legal History Blog

Legal History Blog

Offers scholarship, news and new ideas in legal history. By professor Mary L. Dudziak.

http://legalhistoryblog.blogspot.com/
  • Mar 22

    Kagan on Chae Chan Ping Now

    Kagan on Chae Chan Ping Now
    Michael Kagan, University of Nevada, Las Vegas, William S. Boyd School of Law, has posted Is the Chinese Exclusion Case Still Good Law? (The President Is Trying to Find Out), which is forthcoming in the Nevada Law Journal:Though barely…
  • Mar 21

    2017 Hurst Institute Fellows Announced

    2017 Hurst Institute Fellows Announced
    Via the Institute for Legal Studies at the University of Wisconsin, we have word of the fellows selected to participate in the 2017 J. Willard Hurst Summer Institute in Legal History:Wesley Chaney (Assistant Professor, Bates College) (Ph.D.,…
  • Mar 21

    Hamburger on Posner on Gorsuch on Hamburger

    Hamburger on Posner on Gorsuch on Hamburger
    Our last Weekend Roundup included a pointer to Professor Eric Posner’s post noting Judge Gorsuch’s citations to Philip Hamburger’s  Is Administrative Law Unlawful?  In the post, Professor Posner characterized…
Rank this Week: 443

Credit Slips

Credit Slips

Discusses credit and bankruptcy. By Professors Bob Lawless, Angela Littwin, Katie Porter, John Pottow, Deborah Thorne and Elizabeth Warren.

http://www.creditslips.org/creditslips/
  • Mar 22

    Jevic

    Jevic
    Third Circuit is reversed. Opinion is here.
  • Mar 18

    Bankruptcy Fees in the Trump Budget

    Bankruptcy Fees in the Trump Budget
    Thanks a tweet to the sharp-eyed Drew Dawson at the University of Miami, I saw this article in Politico that among the surprises in Trump's budget is an increase in bankruptcy filing fees (see item 5). Well, this seemed important...
  • Mar 14

    Scotexit and Allocating the UK's Debt

    Scotexit and Allocating the UK's Debt
    This is a joint post by Mitu Gulati and Mark Weidemaier. Scotland voted 62% in favor of remaining in the EU in last June's Brexit vote. Now, with nationalism on the rise in Britain, Scotland has begun to rethink the...
Rank this Week: 735

Media Law Prof Blog

Media Law Prof Blog

By Christine A. Corcos.

http://lawprofessors.typepad.com/media_law_prof_blog/
Rank this Week: 2284

The Faculty Lounge

The Faculty Lounge

Conversations about law, culture, and academia. By Professors Dan Filler, Laura Appleman, Al Brophy, Kevin Noble Maillard and Calvin Massey.

http://www.thefacultylounge.org/
  • Mar 22

    Short Question

    Short Question
    Writing at the always interesting PrawfsBlawg, Howard Wasserman links to this Slate article in which Will Oremus explains why reporters should stop asking complex, mulit-part questions at political press conferences. Says Oremus, "this…
  • Mar 22

    Temple Law Announces Dean Finalist

    Temple Law Announces Dean Finalist
    Temple University School of Law has announced three finalists for the position of Dean. They are A. Benjamin Spencer (Virginia), Robert Ahdieh (Emory), and Gregory Mandel (the current Interim Dean.)
  • Mar 21

    Gienapp on Originalism

    Gienapp on Originalism
    Jonathan Gienapp of Stanford's history department has an essay on "Constitutional Originalism and History" up at process, the OAH's blog. I think you'll enjoy this.
Rank this Week: 4298

Workplace Prof Blog

Workplace Prof Blog

Covers arbitration, disability, employment discrimination, labor law, public employment law and workplace safety. By Jeffrey M. Hirsch, Marcia L. McCormick, Paul M. Secunda, Charles A. Sullivan and Richard Bales.

http://lawprofessors.typepad.com/laborprof_blog/
  • Mar 22

    Supreme Court Rules Against NLRB in Vacancies Act Case

    Supreme Court Rules Against NLRB in Vacancies Act Case
    Yesterday, the Supreme Court ruled (6-2) in NLRB v. SW General. The Court held that once President Obama nominated Lafe Solomon to be the NLRB's General Counsel, he could no longer serve in his current capacity as Acting General Counsel....
  • Mar 18

    Brudney on the Quiet Importance of ILO Norm

    Brudney on the Quiet Importance of ILO Norm
    James Brudney (Fordham) has just posted on SSRN his article The Internationalization of Sources of Labor Law, 39 U. Pa. J. Int'l L. 1 (2017). The abstract is below. I think James is dead-on correct. Having attended a slew of...
  • Mar 17

    Hirsch & Seiner: Unions Deserve a Place in the Uber Economy

    Hirsch & Seiner: Unions Deserve a Place in the Uber Economy
    Jeff Hirsch (North Carolina) and Joe Seiner (South Carolina) have just posted on SSRN their extraordinarily timely article A Modern Union for the Modern Economy, ___ Fordham Law Review ___(forthcoming 2018) Here's the abstract: Membership in…
Rank this Week: 2290

Opinio Juris

Opinio Juris

Covers international law and international relations.

http://opiniojuris.org
  • Mar 22

    IHL Does Not Authorise Detention in NIAC: A Response to Murray

    IHL Does Not Authorise Detention in NIAC: A Response to Murray
    by Kevin Jon Heller Over the past couple of years, a number of scholars -- including me -- have debated whether IHL implicitly authorises detention in non-international armed conflict (NIAC.) The latest intervention in the debate comes…
  • Mar 20

    So . . . What do you think should be in your international law textbook?

    So . . . What do you think should be in your international law textbook?
    by Duncan Hollis by Duncan Hollis I’m honored to have been invited by Allen Weiner to join him in the forthcoming 7th edition of the textbook, International Law, which he previously edited with the late Professor Barry Carter.…
  • Mar 19

    The Disappearing UN Report on Israeli “Apartheid”

    The Disappearing UN Report on Israeli “Apartheid”
    by Kevin Jon Heller by Kevin Jon Heller Last week, the UN Economic and Social Commission for Western Asia (ESCWA) sent shockwaves through the international community by issuing a report that — for the first time in UN history…
Rank this Week: 4213

43(B)log

43(B)log

Covers false advertising and intellectual property issues. By Professor Rebecca Tushnet.

http://tushnet.blogspot.com/
  • Mar 22

    Reading list: new governors of online speech

    Reading list: new governors of online speech
    Kate Klonick, The New Governors: The People, Rules, and Processes Governing Online SpeechHarvard Law Review, ForthcomingAbstractPrivate online platforms have an increasingly essential role in free speech and participation in democratic…
  • Mar 22

    Iconic movie scene allows copyright but not TM claim against multimedia installation

    Iconic movie scene allows copyright but not TM claim against multimedia installation
    Harold Lloyd Entertainment, Inc. v. Moment Factory One, Inc., No. LA CV15-01556, 2015 WL 12765142 (C.D. Cal. Oct. 29, 2015)|Another blast for the past—I would really like to know more about the Westclip algorithm, but I can’t…
  • Mar 22

    Marketing method and display are functional, nondistinctive trade dre

    Marketing method and display are functional, nondistinctive trade dre
    AMID, Inc. v. Medic Alert Found. U.S. Inc., No. H-16-1137 (S.D. Tex. Mar. 16, 2017)American Medical ID (AMID) sued MedicAlert Foundation United States for trade dress and copyright infringement. The parties compete in the market for…
Rank this Week: 610

MauledAgain

MauledAgain

Covers tax law, legal education, the First Amendment, religion, and law generally. By Villanova law professor James Edward Maule.

http://mauledagain.blogspot.com/
  • Mar 22

    Tax Return Preparation as a Side Job

    Tax Return Preparation as a Side Job
    Though from time to time I find material for this blog when I watch television court shows, there are far more shows and episodes than I’ve had an opportunity to view. A reader sent me a link to an episode of Judge Faith, a show that I…
  • Mar 20

    Commas and (Tax) Statute

    Commas and (Tax) Statute
    One of the key ingredients of tax law practice is the ability to parse statutes. As I tell my students, sometimes the answer is in the statute, and if it isn’t, the statute should guide the analytical path to an answer, if there is…
  • Mar 17

    So What Would YOU Do to Avoid Taxes?

    So What Would YOU Do to Avoid Taxes?
    A few days ago, a new survey from WalletHub was released, revealing some interesting responses from Americans with respect to taxes and a few other topics. Because I mention only a few of the questions, I recommend visiting WalletHub’s…
Rank this Week: 2227

Dorf on Law

Dorf on Law

By Cornell Law School Professor Michael Dorf and his friends.

http://www.dorfonlaw.org/
  • Mar 22

    Judge Gorsuch and the Role of Public Interest Litigation in our Democracy

    Judge Gorsuch and the Role of Public Interest Litigation in our Democracy
    by Alan K. ChenIn 2005, shortly before he was appointed to the federal bench, Supreme Court nominee Neil Gorsuch wrote a commentary for the National Review criticizing liberals’ reliance on litigation to accomplish social reform. This…
  • Mar 21

    Trump's Inescapable Carnival Act: Live By It, Die By It?

    Trump's Inescapable Carnival Act: Live By It, Die By It?
    by Neil H. BuchananHas Donald Trump figured out how to beat the press?  There is understandable concern that his Twitter addiction has superseded the normal channels of political communication, and that he has in general put himself…
  • Mar 20

    Will Neil Gorsuch Be the Court’s First Originalist?

    Will Neil Gorsuch Be the Court’s First Originalist?
    by David S. Cohen & Eric SegallWhen Donald Trump nominated Judge Neil Gorsuch to the Supreme Court, he praised him as someone who will interpret the Constitution “as written.” Commentators from both sides of the aisle have…
Rank this Week: 403

Elder Law Prof Blog

Elder Law Prof Blog

Edited by Kim Dayton, Rebecca C. Morgan and Katherine C. Pearson.

http://lawprofessors.typepad.com/elder_law/
  • Mar 22

    Nursing Home Regs: Admission

    Nursing Home Regs: Admission
    Justice in Aging has released a new brief on the revised nursing home regulations this one focusing on admissions, A Closer Look at the Revised Nursing Facility Regulations Admission. Here's the executive summary: The revised regulations…
  • Mar 21

    Health Care Bill & Impact on Elder

    Health Care Bill & Impact on Elder
    It's not final, it's not been passed, and changes are likely, but the current health care bill, known as the American Health Care Act, has a significant impact on elders. Last week's CBO report engendered a lot of discussion about...
  • Mar 20

    The New Health Care Bill

    The New Health Care Bill
    Wonder what is in the new health care bill? New Health Plan Broken Down appears in the Centre Daily Times on March 12, 2017. The article is written by Amos Goodall, a prominent elder law attorney (and graduate of Stetson's...
Rank this Week: 2180

Law of the Land

Law of the Land

A blog on land use law and Zoning by Albany Law School Associate Dean and Professor Patricia Salkin.

http://lawoftheland.wordpress.com/
Rank this Week: 4853

Verdict

Verdict

Provides legal analysis and commentary on topical legal news and cases.

http://verdict.justia.com/
  • Mar 21

    The Educational Function of Kabuki Confirmation Hearing

    The Educational Function of Kabuki Confirmation Hearing
    Cornell University law professor Michael C. Dorf explains the value of the confirmation hearing of Supreme Court nominee Neil Gorsuch, despite the tradition in such hearings of the nominee evading answering questions about the most divisive…
  • Mar 21

    The Child Sex Abuse Scandals Are All the Same and They Demand the Government to Act

    The Child Sex Abuse Scandals Are All the Same and They Demand the Government to Act
    Marci Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania and the CEO of CHILD USA, calls attention to the patterns of child sex abuse that indicate it is a symptom of a larger society-wide…
  • Mar 20

    An Ethical Analysis of the American Health Care Act

    An Ethical Analysis of the American Health Care Act
    Charles E. Binkley, MD, FACS, co-chair of the Ethics Committee at Kaiser Permanente Medical Center in San Francisco, and attorney David Kemp conduct an ethical analysis of the American Health Care Act (AHCA), the proposed replacement for the…
Rank this Week: 3585

Life Sentences Blog

Life Sentences Blog

Tracks new legal developments and research relating to long prison sentences. By Marquette University Law School Professor Michael O'Hear.

http://www.lifesentencesblog.com/
  • Mar 21

    Supreme Court Permits Some Light Into the Black Box of Jury Deliberation

    Supreme Court Permits Some Light Into the Black Box of Jury Deliberation
    Jury deliberations are the proverbial black box. After passively receiving the law, evidence, and arguments at a trial, the jurors will retire to discuss the case in secret. When they return with a verdict, no explanation will be required for…
  • Jan 21

    Chicago, New York Heading in Opposite Directions on Crime; Where Does Milwaukee Stand?

    Chicago, New York Heading in Opposite Directions on Crime; Where Does Milwaukee Stand?
    To judge by some of the political rhetoric last fall, violent crime must be surging in our nation’s cities. Is that true? The answer may depend on which city you are talking about, and which neighborhood within that city. Consider the…
  • Jan 16

    Book Release Tomorrow!

    Book Release Tomorrow!
    Tomorrow, Jan. 17, I’ll be at Boswell Books in Milwaukee at 7:00 p.m. for an event to mark the release of my new book, Wisconsin Sentencing in the Tough-on-Crime Era: How Judges Retained Power and Why Mass Incarceration Happened…
Rank this Week: 3072

Gender and the Law Prof Blog

Gender and the Law Prof Blog

Edited by John Kang and Tracy A. Thomas.

http://lawprofessors.typepad.com/gender_law/
  • Mar 21

    Remembering Judge Shirley Hufstedler - One of the Famous First

    Remembering Judge Shirley Hufstedler - One of the Famous First
    Robert Percival, The Judge Who Climbed Mountains, 69 Stanford L. Rev. (March 2017) Shirley and Seth Hufstedler loved to climb mountains. The week before the U.S. Department of Education opened its doors in 1980, a profile of them reported…
  • Mar 21

    Following the Changes in the Supreme Court's Abortion Law

    Following the Changes in the Supreme Court's Abortion Law
    Mary Ziegler, The New Negative Rights: Abortion Funding and Constitutional Law after Whole Woman's Health: The Hyde Amendment, a ban on the Medicaid funding of abortion, is once again at the center of the abortion wars. For the most…
  • Mar 21

    Writing on Abortion

    Writing on Abortion
    Carol Sanger, Why, What, and Now: Writing on Abortion I’ve just written a book called About Abortion: Terminating Pregnancy in 21st Century America. For years I hadn’t wanted to work on the issue of abortion because from an advocacy…
Rank this Week: 1608

ADR Prof Blog

ADR Prof Blog

By Andrea Schneider, Michael Moffitt, Sarah Cole, Art Hinshaw, Jill Gross, Cynthia Alkon, Paul Kirgis and Jennifer Reynolds.

http://www.indisputably.org
  • Mar 21

    ABA Conference Sessions You Might Consider

    ABA Conference Sessions You Might Consider
    I love the ABA Section of Dispute Resolution annual conferences. They always put on a wide array of wonderful sessions and it’s a great time to connect with friends, new and old. As I did last year, I am listing some sessions that…
  • Mar 20

    Let Me Toast You!

    Let Me Toast You!
    As our blog readers know, I am receiving the ABA award for Outstanding Scholarly Work this year at the Section on Dispute Resolution annual meeting.  I am truly honored and wanted to host a party to thank all of my co-authors,…
  • Mar 20

    White House Mediation

    White House Mediation
    The Washington Post ran an interesting article about conflicts within the White House, including the following passage about President Trump’s son-in-law and influential advisor, Jared Kushner: “Sometimes when staffers feud,…
Rank this Week: 1373

Chinese Law Prof Blog

Chinese Law Prof Blog

Edited by Donald C. Clarke.

http://lawprofessors.typepad.com/china_law_prof_blog/
  • Mar 21

    US Chamber of Commerce seeks Senior Manager/Director, China

    US Chamber of Commerce seeks Senior Manager/Director, China
    Here's the job announcement. It seems to be based in Washington, DC. Among the job requirements: "An advanced degree and 5+ years’ experience working with China trade and investment policy issues."
  • Mar 19

    Random comments on China's new civil code

    Random comments on China's new civil code
    On March 15th, the National People’s Con...
  • Mar 13

    China-related positions at ABA ROLI (Rule of Law Initiative)

    China-related positions at ABA ROLI (Rule of Law Initiative)
    I have received the following announcement: The American Bar Association Rule of Law Initiative currently has three open positions with a China focus: a Program Director, a Program Manager, and a pro bono longterm legal specialist. If…
Rank this Week: 2194

Law at the End of the Day

Law at the End of the Day

Focuses on issues and the differences in how the law relates to economic organizations, political organizations, religious, ethnic and family organizations. By Penn State Dickinson School of Law Professor Larry Catá Backer.

http://lcbackerblog.blogspot.com/
Rank this Week: 2226

Civil Procedure & Federal Courts…

Civil Procedure & Federal Courts Blog

By Robin Effron, Cynthia L. Fountaine, Patricia Hatamyar Moore and Adam Steinman.

http://lawprofessors.typepad.com/civpro/
  • Mar 21

    March Oral Arguments at SCOTUS

    March Oral Arguments at SCOTUS
    Several interesting civil procedure cases on the Supreme Court’s March 2017 oral argument calendar (more details in the links)... Today (3/21): Microsoft v. Baker Tomorrow (3/22): Water Splash v. Menon Monday (3/27): TC Heartland v. Kraft…
  • Mar 20

    Call for Papers: Akron Law Review Symposium on the 2015 FRCP Amendment

    Call for Papers: Akron Law Review Symposium on the 2015 FRCP Amendment
    The Akron Law Review is publishing a symposium issue entitled Discovery and the Impact of the December 2015 Amendments to the Federal Rules of Civil Procedure. From the announcement: The Akron Law Review invites papers regarding the…
  • Mar 20

    Grossi on Procedural Due Proce

    Grossi on Procedural Due Proce
    Simona Grossi has posted on SSRN a draft of her article, Procedural Due Process. Here’s the abstract: Any democratic judicial system must be built on the principle of due process, the fountain from which all procedural rules and doctrines…
Rank this Week: 1374

Start Making Sense

Start Making Sense

Tax and budget policy by Dan Shaviro

http://danshaviro.blogspot.com/
  • Mar 21

    NYU Tax Policy Colloquium, week 8: Daniel Hemel's "The Federalist Safeguards of Progressive Taxation"

    NYU Tax Policy Colloquium, week 8: Daniel Hemel's "The Federalist Safeguards of Progressive Taxation"
    Yesterday we resumed after spring break, and dipped a toe into the deep blue waters of constitutional law.  Daniel Hemel's paper looks at three recent developments in federalism doctrine, viewed by many as efforts by a conservative…
  • Mar 15

    AMT nostalgia

    AMT nostalgia
    As per this NYT op-ed, the 2005 Trump tax return is causing some people to salute the alternative minimum tax (AMT) and argue that it should be retained after all.I actually wrote about this topic nearly 30 years ago, when I was just starting…
  • Mar 15

    Wrong road for anti-Trump protestor

    Wrong road for anti-Trump protestor
    I tell a Village Voice reporter that, no, refusing to pay your federal income taxes isn't a good way to show opposition to Trump.
Rank this Week: 4240

Constitutional Law Prof Blog

Constitutional Law Prof Blog

By Steven D. Schwinn and Ruthann Robson.

http://lawprofessors.typepad.com/conlaw/
  • Mar 20

    Fourth Circuit: No First Amendment Protection for Fire Battallion Chief's Disruptive Facebook Post

    Fourth Circuit: No First Amendment Protection for Fire Battallion Chief's Disruptive Facebook Post
    Steven D. Schwinn, John Marshall Law School The Fourth Circuit today dismissed a fire department battalion chief's First Amendment retaliation claim for his Facebook activity in violation of the Department's Social Media and Code of Conduct…
  • Mar 17

    Is Section 1373 Unconstitutional?

    Is Section 1373 Unconstitutional?
    Steven D. Schwinn, John Marshall Law School President Trump's EO on sanctuary cities says that "the Attorney General and the Secretary . . . shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. Sec. 1373…
  • Mar 16

    Maryland Federal District Judge Issues TRO Against Muslim Travel Ban 2.0

    Maryland Federal District Judge Issues TRO Against Muslim Travel Ban 2.0
    Professor Ruthann Robson, City University of New York (CUNY) School of Law In International Refugee Assistance Project (IRAP) v. Trump, Maryland District Judge Theodore Chuang issued a nationwide TRO against the President's March 6, 2017…
Rank this Week: 4271

Legal Ethics Forum

Legal Ethics Forum

By Professors John Dzienkowski, Brad Wendel, John Steele, David Hricik, Andrew Perlman, David McGowan, Laura Appleman, Steve Lubet, Anita Bernstein, Don Burnett, and Steve Berenson..

http://www.legalethicsforum.com/blog/
Rank this Week: 476

Faculty Blog

Faculty Blog

The Marquette University Law School Faculty Blog

http://law.marquette.edu/facultyblog/
  • Mar 20

    Alexander Hamilton as Attorney

    Alexander Hamilton as Attorney
    The extraordinary success of the Broadway musical “Hamilton” has spiked renewed interest in the accomplishments of the actual Alexander Hamilton (1757-1804). And indeed, Hamilton was a genuine military hero in the Revolutionary…
  • Mar 18

    A Campaign of Fear Towards Immigrant

    A Campaign of Fear Towards Immigrant
    The question I am asked over and over lately: “how do I get temporary guardianship for my children in case I am detained and deported?” The fact that I hear this question, or some similar form of it, so frequently in recent weeks…
  • Mar 10

    Roggensack Calls for Defending Legitimacy of Courts from “Tough Talk” of Critic

    Roggensack Calls for Defending Legitimacy of Courts from “Tough Talk” of Critic
      Wisconsin Supreme Court Chief Justice Patience Roggensack wanted to use her Hallows Lecture at Marquette Law School on March 7 “to start what I hope will be a public conversation about a rising challenge to the institutional…
Rank this Week: 3073

Balkinization

Balkinization

By Yale Law School Professor Jack M. Balkin.

http://balkin.blogspot.com/
  • Mar 20

    Gorsuch/Garland: Is the Supreme Court a “Majoritarian” Institution?

    Gorsuch/Garland: Is the Supreme Court a “Majoritarian” Institution?
               The fact that it is Judge Gorsuch, rather than Judge Garland, for whom confirmation hearings are now underway prompts a return to the question of whether the Supreme Court is…
  • Mar 18

    The Tragedy of the Medicaid Expansion (Part III)

    The Tragedy of the Medicaid Expansion (Part III)
    As far as I can tell, legal treatises and casebook chapters on federalism do not discuss race and my colleagues interested in critical race theory tell me not much is said in that literature about federalism.  That seems a shame, for…
  • Mar 13

    A Modest Revision of the Accepted Wisdom About the Nondelegation Doctrine

    A Modest Revision of the Accepted Wisdom About the Nondelegation Doctrine
    Cass Sunstein's quip that the nondelegation doctrine had one good year -- 1935, the year of Panama Refining and Schechter -- is not quite right. Carter v. Carter Coal, decided in 1936, held the Bituminous Coal Act unconstitutional on two…
Rank this Week: 2253

Best Practice for Legal Education

Best Practice for Legal Education

A blawg by Albany Law School Professor Mary Lynch designed to be a useful web-based source of information on current reforms in legal education, and to create a place where people interested in the future of legal education can freely exchange ideas, concerns, and opinions.

http://bestpracticeslegaled.albanylawblogs.org/
  • Mar 20

    Legislation & Regulation and the Bar Exam

    Legislation & Regulation and the Bar Exam
    Most readers of this blog will be familiar with the performance test (PT), a portion of the bar exam in 42 states and D.C. (Forty states use the Multistate Performance Test (MPT); examiners in Pennsylvania and California write and administer…
  • Mar 12

    Preaching to the Choir? A Request for Inclusion in the Call for Equity among Law School Faculty

    Preaching to the Choir? A Request for Inclusion in the Call for Equity among Law School Faculty
    On Tuesday I received an event email from a bar association I was once a member of. The event was to serve as a forum for the deans from six local law schools. The next day, on International Women’s Day, I received an email from…
  • Mar 5

    Igniting Faculty and Curriculum Innovation

    Igniting Faculty and Curriculum Innovation
    Our friends over at Educating Tomorrow’s Lawyers just posted  links to Ignite videos that were filmed during  their 5th Annual Educating Tomorrow’s Lawyer’s Conference last October.   Ignite is a wonderful…
Rank this Week: 4854

Nahmod Law

Nahmod Law

Covers 42 USC Section 1983 and constitutional law. By Professor Sheldon Nahmod.

http://nahmodlaw.com
  • Mar 20

    34th Annual Section 1983 Conference on April 20-21, 2017 in Chicago

    34th Annual Section 1983 Conference on April 20-21, 2017 in Chicago
    I don’t ordinarily advertise on my blog but here comes a commercial. IIT Chicago-Kent College of Law is hosting the 34th annual Section 1983 Conference in Chicago on April 20-21, 2017. This two-day conference covers all aspects of…
  • Mar 19

    Political Protests and the First Amendment (Video)

    Political Protests and the First Amendment (Video)
    On March 2, 2017, IIT Chicago-Kent College of Law presented a two hour program for both non-lawyers and lawyers on political protests and free speech. This program was prompted by the suddenly developing political protests directed at the…
  • Feb 13

    A Section 1983 Primer (12B): Survival and Wrongful Death–What Happens When a Section 1983 Plaintiff Dies or Has Been Killed

    A Section 1983 Primer (12B): Survival and Wrongful Death–What Happens When a Section 1983 Plaintiff Dies or Has Been Killed
    The immediately preceding post addressed the section 1988 background of survival and wrongful death claims based on section 1983. It included a discussion of Robertson v. Wegmann, the leading Supreme Court decision dealing with survival of…
Rank this Week: 4129

Legally Speaking Ohio

Legally Speaking Ohio

Provides commentary and analysis on cases going in front of the Supreme Court of Ohio. By Marianna Bettman.

http://www.legallyspeakingohio.com
Rank this Week: 2395

Religion Clause

Religion Clause

By University of Toledo College of Law Professor Howard M. Friedman.

http://religionclause.blogspot.com/
  • Mar 20

    Religion Clause To Take A Publication Break

    Religion Clause To Take A Publication Break
    Dear Readers:Religion Clause will be going on a publication break until approximately the end of March.  Check back for my resumption of postings at that time.Howard Friedman
  • Mar 19

    Recent Articles of Interest

    Recent Articles of Interest
    From SSRN:Rafael Domingo, Theology and Jurisprudence. A Good Partnership?, (Journal of Law and Religion, 32, 2017, Forthcoming).Rafael Domingo, The Constitutional Justification of Religion, (March 9, 2017).Christine P. Bartholomew, Exorcising…
  • Mar 18

    Ministerial Exception Does Not Apply To Exercise Science Teacher At Christian University

    Ministerial Exception Does Not Apply To Exercise Science Teacher At Christian University
    In Richardson v. Northwest Christian University, (D OR, March 16, 2017), an unmarried professor of exercise science at a Christian university sued for discrimination after she was fired because she became pregnant out of wedlock and refused…
Rank this Week: 722

Legal Writing Prof Blog

Legal Writing Prof Blog

Edited by Nancy Soonpaa, Mark E. Wojcik, Judith D. Fischer, Dustin Benham, Lori D. Johnson and Kristen E. Murray.

http://lawprofessors.typepad.com/legalwriting/
  • Mar 19

    Global Legal Skills Conference Wraps Up in Mexico; Next GLS Conference Slated for Melbourne, Australia

    Global Legal Skills Conference Wraps Up in Mexico; Next GLS Conference Slated for Melbourne, Australia
    The photo here shows some of the more than 120 participants who attended the 12th Global Legal Skills Conference at the Facultad Libre de Derecho de Monterrey, Mexico. Participants came from more than 17 countries, including Australia,…
  • Mar 16

    CFP: The Central States Area Legal Writing Conference

    CFP: The Central States Area Legal Writing Conference
    The Central States Area Legal Writing Conference will be hosted by the Indiana University Robert H. McKinney School of Law on September 15-16, 2017. Presentation proposals are due by Friday, March 31, 2017. The Program Committee is seeking…
  • Mar 16

    Registration Now Open for the 2017 ALWD Conference

    Registration Now Open for the 2017 ALWD Conference
    The 2017 Association of Legal Writing Directors ("ALWD") Conference Committee invites you to the 2017 conference, Acknowledging Lines: Talking About What Unites and Divides Us. Speaker details, and a link to the registration page,…
Rank this Week: 4286

Brian Leiter's Law School Reports

Brian Leiter's Law School Reports

News about law professors and law schools. By University of Texas School of Law Professor Brian R. Leiter.

http://leiterlawschool.typepad.com/leiter/
Rank this Week: 452

The Legal Whiteboard

The Legal Whiteboard

Edited by William D. Henderson, Jeffrey M. Lipshaw, Michele DeStefano, Andrew Morris and Jerry Organ.

http://lawprofessors.typepad.com/legalwhiteboard/
  • Mar 18

    Revisiting the Market for Transfer Students Based upon the 2016 Standard 509 Report

    Revisiting the Market for Transfer Students Based upon the 2016 Standard 509 Report
    This blog posting updates my blog postings of December 2014 and December 2015 regarding what we know about the transfer market. With the release of the 2016 Standard 509 Reports, we know have three years of more detailed transfer data...
  • Mar 5

    Location, Location, Location Revisited -- Most Law Schools Have a Regional Employment Footprint

    Location, Location, Location Revisited -- Most Law Schools Have a Regional Employment Footprint
    One of the first blog posts I had on The Legal Whiteboard focused on the location of employment for graduates in the Classes of 2010 and 2011. I have now updated this data by looking at the regional employment outcomes...
  • Dec 8

    Announcing Beyond Legal Reasoning: A Critique of Pure Lawyering

    Announcing Beyond Legal Reasoning: A Critique of Pure Lawyering
    I'm delighted to be able to say that my book, Beyond Legal Reasoning: A Critique of Pure Lawyering, is now available for pre-order in hardcopy or e-book through Routledge's website. Here's the description: The concept of learning to ‘think…
Rank this Week: 1579

Nancy Rapoport's Blogspot

Nancy Rapoport's Blogspot

Covers governance in higher education and in law firms, bankruptcy ethics, popular culture and the law, Enron and other corporate fiascos, and professional responsibility generally. By Nancy Rapoport, a law professor at UNLV's Boyd School of Law.

http://nancyrapoport.blogspot.com/
  • Mar 18

    Well, Jeff now gets to use a Satan emoji to describe me.

    Well, Jeff now gets to use a Satan emoji to describe me.
    Here's why:I was at the Burbank airport earlier this week, returning my rental car, and I heard a running sound.  The next thing I knew, a man (whose weight I've estimated at over 200 lbs--he was a big guy) had tripped, fallen into me,…
  • Mar 5

    How NOT to collect a legal bill.

    How NOT to collect a legal bill.
    We used a friend of ours, Mike Cenatiempo, to update our wills.  Mike used to work at Shannon Gracey, which is now defunct.  We paid our bill in December 2016.  We got a "past due" notice from the defunct Shannon Gracey law…
  • Jan 3

    I have managed to alienate Blogger.

    I have managed to alienate Blogger.
    After I got hacked, I tried to change my administrative login credentials to my new email address, but Blogger doesn't believe me.  Let's just say it's hard to survive a hacking.
Rank this Week: 916

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Mar 17

    Entertainment Weekly's New True Crime Feature, Rebecca Schaeffer & Anti-Stalking Law

    Entertainment Weekly's New True Crime Feature, Rebecca Schaeffer & Anti-Stalking Law
    Yesterday, Entertainment Weekly posted "When Devotion Turns Deadly," the first article for their new feature, http://truecrime.ew.com: The article, by Joe McGovern, focuses on the 1989 murder of Rebecca Schaeffer at the hands of a…
  • Mar 16

    Was the "Come & Get Me" Call the Linchpin on the State's Case Against Adnan?

    Was the "Come & Get Me" Call the Linchpin on the State's Case Against Adnan?
    Having focused on the State's Brief of Appellant in the Adnan Syed over the last two weeks, I wanted to turn my attention to the upcoming Brief of Appellee, which is scheduled to be filed by March 29th. In addition...
  • Mar 9

    Delving Deeper Into the Waiver Issue in the Adnan Syed Case

    Delving Deeper Into the Waiver Issue in the Adnan Syed Case
    I've gotten some good feedback on my posts last week (here and here) about waiver in the Adnan Syed appeal. After reviewing the relevant Rules/Section some more, I feel like I have a better grasp on whether waiver is a...
Rank this Week: 4277

Ideas

Ideas

By Professor David Friedman.

http://daviddfriedman.blogspot.com/
  • Mar 17

    Propaganda Masquerading as News: The Incredible Shrinking Horse

    Propaganda Masquerading as News: The Incredible Shrinking Horse
    I recently came across a news story which struck me as a good example of how to mislead people, probably for political purposes, without saying anything that was not actually true. The title was "Watch out: Mammals shrink when Earth heats up,…
  • Mar 11

    A Proposal to Triple Tax Robot

    A Proposal to Triple Tax Robot
    Certainly there will be taxes that relate to automation. Right now, the human worker who does, say, $50,000 worth of work in a factory, that income is taxed and you get income tax, social security tax, all those things. If a robot comes in…
  • Mar 10

    A Scrap of Libertarian History

    A Scrap of Libertarian History
    I just came across a letter I wrote to Edith Efron in 1978 on the anarchist/minarchist controversy. It occurred to me that others might find it interesting. I don't remember if she ever answered it. But then, I also don't remember…
Rank this Week: 857

Susan Crawford Blog

Susan Crawford Blog

By Cardozo Law School professor Susan Crawford.

http://scrawford.net/blog/
  • Mar 17

    San Francisco reveals latest #Resist effort – resisting sub-gigabit internet acce

    San Francisco reveals latest #Resist effort – resisting sub-gigabit internet acce
    March 15, 2017 – This Tuesday, almost a year to the day later, Crawford attempted a little bit of history rewriting when she wrote that “Google Fiber was doomed from the start.” She outlined her view that the answer was…
  • Mar 17

    Advisory panel revives San Francisco’s citywide gigabit fiber plan

    Advisory panel revives San Francisco’s citywide gigabit fiber plan
    March 14, 2017 – “Without local government involvement, no private company is going to find it in its interest to provide, to sell internet access in a way that promotes economic development and social justice for any city,”…
  • Mar 15

    Panel to study wiring San Francisco with high-speed Internet

    Panel to study wiring San Francisco with high-speed Internet
    March 14, 2017 – Crawford called Internet access the “the key economic and social justice issue of the 21st century. Whether it’s educating kids, providing advanced health care, moderating our use of energy and making it…
Rank this Week: 2221

Nonprofit Law Prof Blog

Nonprofit Law Prof Blog

Covers federal and state laws and cases affecting non-profits. Edited by David A. Brennen, Darryll K. Jones, Johnny Rex Buckles, John D. Colombo, Susan N. Gary, Vaughn E. James, Thomas A. Kelley III, Lloyd H. Mayer, Nancy A. McLaughlin, Nicholas A. Mirkay, Karla W. Simon, Sophie E. Smyth, Alice M. Thomas, Elaine Waterhouse Wilson, and Miranda Perry Fleischer.

http://lawprofessors.typepad.com/nonprofit/
  • Mar 17

    Brunson & Herzig: A Diachronic Approach to Bob Jones: Religious Tax Exemptions after Obergefell

    Brunson & Herzig: A Diachronic Approach to Bob Jones: Religious Tax Exemptions after Obergefell
    Samuel D. Brunson (Loyola-Chicago) and David Herzig (Valparaiso) have posted A Diachronic Approach to Bob Jones: Religious Tax Exemptions after Obergefell, Indiana Law Journal (forthcoming). Here is the abstract: In Bob Jones v. U.S., the…
  • Mar 17

    Colinvaux: The Importance of Participatory Charitable Giving Incentive

    Colinvaux: The Importance of Participatory Charitable Giving Incentive
    Roger Colinvaux (Catholic) has posted The Importance of a Participatory Charitable Giving Incentive, 154 Tax Notes No. 5 (2017). Here is the abstract: Leading tax reform proposals contemplate a charitable deduction claimed by just five…
  • Mar 17

    Fleischer: Subsidizing Charity Liberally

    Fleischer: Subsidizing Charity Liberally
    Miranda Perry Fleischer (San Diego) has posted Subsidizing Charity Liberally. Here is the abstract: Our Constitution enshrines two bedrock principles of Western liberal democracies: limited government and equal opportunity. This Chapter…
Rank this Week: 4282

Mass Tort Litigation Blog

Mass Tort Litigation Blog

By Professors Byron G. Stier, Howard M. Erichson, Alexandra D. Lahav, Elizabeth Chamblee Burch and Sergio J. Campos.

http://lawprofessors.typepad.com/mass_tort_litigation/
  • Mar 17

    Zimmerman on Bellwether Settlement

    Zimmerman on Bellwether Settlement
    Adam Zimmerman has posted his new article "Bellwether Settlements" to SSRN. The abstract is below: This Article examines the use of bellwether mediation in mass litigation. Bellwether mediations are different from “bellwether…
  • Mar 3

    Litigation Reform's Legislative Prospect

    Litigation Reform's Legislative Prospect
    Bruce Kaufman, the senior legal editor at Bloomberg BNA, has written a very informative series of articles examining the prospects that the House, Senate, and President will enact wide-ranging tort and civil justice "reform"…
  • Feb 25

    Publicly Funded Objector

    Publicly Funded Objector
    With House Bill 985 (the "Fairness" in Class Action Litigation Act of 2017), the controversy over current class action practice has escalated. I've been an outspoken critic of the cozy relationships that plaintiffs' lawyers and…
Rank this Week: 1154

PropertyProf Blog

PropertyProf Blog

Edited by Stephen Clowney and Tanya D. Marsh.

http://lawprofessors.typepad.com/property/
  • Mar 15

    Finding the Intersection of American Indian Law and Property Law

    Finding the Intersection of American Indian Law and Property Law
    In 2014, the Association of Law, Property, and Society (ALPS) conference was at the Peter A. Allard School of Law at the University of British Columbia and there was a plenary panel on teaching property law. [NOTE: Shameless plug for...
  • Mar 14

    Oyez, Oyez: Murr comes to SCOTUS (and Georgetown!)

    Oyez, Oyez: Murr comes to SCOTUS (and Georgetown!)
    As everyone knows, Murr v. St. Croix County will be heard by SCOTUS on March 20 at 10:00am. Georgetown Law is offering a special treat that afternoon: the oral advocates for the case--John Groen (counsel for Murrs), Richard Lazarus…
  • Mar 13

    CFP: Australasian Property Law Teachers Conference

    CFP: Australasian Property Law Teachers Conference
    The 14th Australasian Property Law Teachers Conference will be held from 26-29 September 2017 at the Curtin Law School in Perth, Western Australia. The theme for this year's conference is "Beyond Sole Ownership." In addition to the…
Rank this Week: 2282

WITNESSETH: Law, Deals & Data

WITNESSETH: Law, Deals & Data

Provides practical insights from quantitative legal research on corporate law, capital markets, finance, and mergers & acquisitions, as well as law schools and legal education. By Professor Robert Anderson.

http://witnesseth.typepad.com
  • Mar 14

    One way law school exams could learn from the bar exam

    One way law school exams could learn from the bar exam
    One of the important skills tested on law school exams is issue spotting. Although profs differ on how important issue spotting is, I would think virtually all would agree it's an important skill for law students. Yet we design law school…
  • Feb 14

    Law school scholarship policies- markets or social engineering?

    Law school scholarship policies- markets or social engineering?
    Quite a few law school commentators have been talking about the 2016 annual report of the Law School Survey of Student Engagement (LSSSE). The report provocatively calls law school merit scholarship policies "engines of inequity." In his…
  • Dec 20

    More interesting California bar tidbit

    More interesting California bar tidbit
    Of note in the otherwise dismal July 2016 California bar exam results is that San Joaquin College of Law in Clovis, California held its own against several ABA-accredited schools on the bar exam. It tied three ABA schools in bar passage rate…
Rank this Week: 1629

Constitutionalism & Democracy

Constitutionalism & Democracy

A law blog by Albany Law School Professor Stephen Gottlieb and Associate Dean for Research and Scholarship James Gathii

http://constitutionalismanddemocracy.wordpress.com/
  • Mar 14

    Trump and Job

    Trump and Job
    Last week I commented that scholars of intolerance tell us that feeling threatened often leads to hate. That’s one reason the economic threat to some American workers matters to all of us. Trump is clearly working with the free…
  • Mar 11

    How Can We Protect American Worker

    How Can We Protect American Worker
    Trump’s power, and his policies on jobs, immigrants, religious and ethnic hatreds and the Alt-wrong are all related. Scholars of intolerance tell us that threat breeds hate. I suspect that all we can say about why immigrants and Muslims…
  • Feb 28

    Choose Life

    Choose Life
    I want to focus on a serious issue that is being ignored in favor of all kinds of fake news and grandstanding. In college, I took a course on demography. That means we were looking at the explosion of population in parts of the world, which…
Rank this Week: 4860

Irish Law Updates

Irish Law Updates

Updates on Irish and Northern Irish Law. By Darius Whelan.

http://www.ucc.ie/law/irishlaw/blogger/blogger.html
Rank this Week: 586

Law and Magic Blog

Law and Magic Blog

Discusses the intersection of law and magic, religion, pseudoscience, paranormal, and science.

http://lpcprof.typepad.com/law_and_magic_blog/
  • Mar 13

    Andrew Mayne and Jordan Gold On the Difference Between Teaching and Exposure

    Andrew Mayne and Jordan Gold On the Difference Between Teaching and Exposure
    Magician and novelist Andrew Mayne and guest Jordan Gold discuss the difference between teaching magic and blatant exposure (with a little discussion of IP). Here's a link to the Magic Club YouTube video.
  • Feb 21

    Bibliography of Materials on Parapsychology and Psychology

    Bibliography of Materials on Parapsychology and Psychology
    New on the Parapsychology Blog: a list of materials on the intersection of parapsychology and psychology here.
  • Feb 6

    Magic For Sale

    Magic For Sale
    Francis Young discusses the commercial side of magic in Tudor and Stuart England here for the History Vault. He also notes that the use of magical spells and other swag might get you into legal trouble. For more about grimoires,...
Rank this Week: 4629

In the News

In the News

Faculty news from Berkeley Law.

http://inthenews.berkeleylawblogs.org/
  • Mar 13

    When a common sedative becomes an execution drug

    When a common sedative becomes an execution drug
    Megan McCracken quoted by The New York Times, March 13, 2017 “The states will be watching the legal proceedings out of Ohio, but also the on-the-ground experiences out of Arkansas, Virginia and elsewhere,” said Megan McCracken,…
  • Mar 12

    Supreme Court Justice Sonia Sotomayor discusses importance of impartiality

    Supreme Court Justice Sonia Sotomayor discusses importance of impartiality
    Susan Gluss quoted by The Daily Californian, March 12, 2017 Gluss said in hosting events such as this, the law school aims to inspire, educate and encourage students to dream big. According to Gluss, there was a sense of camaraderie in the…
  • Mar 11

    Talk of Calexit is a loser

    Talk of Calexit is a loser
    David Carrillo writes for San Francisco Chronicle, March 11, 2017 There is only one narrow path to secession: amending the U.S. Constitution, which requires approval by two-thirds of Congress and 38 of the states. This is a high bar —…
Rank this Week: 4831

Environmental Law Prof Blog

Environmental Law Prof Blog

Edited by Deepa Badrinarayana, Blake Hudson, Lesley K. McAllister, Dave Owen, Todd Aagaard, Robin Kundis Craig and Jessica Owley.

http://lawprofessors.typepad.com/environmental_law/
  • Mar 13

    The Puzzle of California’s Climate Leadership

    The Puzzle of California’s Climate Leadership
    By: Lesley McAllister Last Friday, UC Davis School of Law’s Environmental Law Society and the Environs journal held their 2017 Symposium, The Future of Climate Change Law & Policy: View to 2030. It was an excellent event, with many…
  • Mar 10

    Implications of the Ninth Circuit’s Agua Caliente Decision

    Implications of the Ninth Circuit’s Agua Caliente Decision
    On Tuesday, the Ninth Circuit Court of Appeals released an important decision in Agua Caliente Band of Cahuilla Indians v. United States. The decision addressed whether the Agua Caliente Tribe, which has a reservation in southern…
  • Mar 2

    Myths, Realities, and the Clean Water Rule Controversy

    Myths, Realities, and the Clean Water Rule Controversy
    On Tuesday, President Trump signed an executive order directing EPA and the Army Corps of Engineers to begin work on a new rule defining the scope of federal jurisdiction under the Clean Water Act. The rule, if and when it...
Rank this Week: 2286