Search for: "David R. Gibson"
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24 Mar 2016, 9:01 pm
When doctors consider whether to administer a particular medical treatment, they have to balance the treatment’s efficacy (that is, how likely the treatment is to help the patient, and by how much) against negative side effects (that is, how likely the treatment is to harm the patient, and how badly). [read post]
19 May 2019, 9:01 pm
From the Right and from the Left, legislatures are considering—and in many cases enacting—laws that have no meaningful chance of surviving judicial challenge under the U.S. [read post]
15 Jul 2018, 9:01 pm
Now that Silicon Valley venture capitalist Tim Draper has submitted a sufficient number of signatures for his bid to split California into three separate states—Cal3, as it is called—to qualify for the November general election ballot, commentators are beginning to discuss the political and legal obstacles the measure faces—hurdles I flagged and analyzed in a number of Verdict columns, including here and here.Among the legal stumbling blocks currently being talked about is the… [read post]
5 Jun 2014, 9:01 pm
While many analysts this month are understandably focused on the blockbuster rulings that are due from the Supreme Court in June—the back end of the Supreme Court litigation process, if you will—in my column today I introduce and briefly analyze the front end of three cases on which the Court has granted review for the next Term, which begins this fall. [read post]
22 Sep 2016, 9:01 pm
Columns on this website that examine judicial rulings tend to focus on the very last stage of litigation—a U.S. [read post]
7 Jul 2015, 9:01 pm
Last week’s ruling by the Supreme Court in Arizona Legislature v. [read post]
23 Mar 2017, 9:01 pm
One of the vexing legal questions raised by President Trump’s original and revised executive orders concerning entry into the United States by nationals of several Middle Eastern and African countries is whether and how courts ought to take into account the subjective motives behind the executive order, whether or not these motives are reflected in the text of the orders themselves. [read post]
29 Jun 2017, 9:01 pm
In light of the various ongoing investigations—some by special DOJ counsel Robert Mueller and others by various congressional committees in both houses—of members or associates of President Trump’s administration, there is a great deal of talk these days about “executive privilege” that the president may or may not enjoy to shield from view communications he has with his advisors. [read post]
24 Jan 2019, 9:01 pm
Last week an Alabama trial court judge (Michael Graffeo) made national news when (literally just minutes before his judicial term expired and he began retirement) he held that the Alabama Memorial Protection Act (AMPA)—which prohibits public jurisdictions within the state from altering or otherwise disturbing public monuments that have been in existence for at least forty years—violated the Fourteenth Amendment free speech and due process rights of the City of Birmingham, which sought to… [read post]
5 Dec 2013, 9:01 pm
Yesterday the Federalism Working Group of the American Legislative Exchange Council (ALEC)—an influential and generally conservative policy-oriented institution that offers template legislation for state governments to consider adopting—was scheduled to meet to consider, among other things, a proposal that would empower state legislatures to add candidates to general election ballots for the office of United States Senator. [read post]
28 Jun 2018, 9:01 pm
Immigration issues have dominated the headlines for the past three weeks, if not longer. [read post]
27 Dec 2018, 9:01 pm
An interesting and potentially important lawsuit in federal court in Arizona is challenging the way state officials have sought to deal with the vacancy in the US Senate created by Senator McCain’s death four months ago (on August 25, 2018). [read post]
26 Mar 2015, 9:01 pm
In the space below, we analyze some complicated legal questions arising out of a proposed California initiative—the so-called “Sodomite Suppression Act” (SSA)—whose illegality and immorality are not complicated at all. [read post]
31 May 2018, 9:01 pm
The tension between states and localities, on the one hand, and federal authorities, on the other, over so-called “sanctuary” jurisdictions has been one of the most politically charged federalism flashpoints since President Trump took office. [read post]
21 May 2015, 9:01 pm
A few weeks ago the Supreme Court handed down an important yet under-noticed case, Williams-Yulee v. [read post]
20 Nov 2014, 9:01 pm
Over the next few days, the California Bar announces the outcomes from the July 2014 exam. [read post]
7 Sep 2017, 9:01 pm
In my last column, I began analyzing a recent plan by Silicon Valley billionaire investor Tim Draper to break up California into three separate states stemming from his view that “California’s diverse population and economies [have] rendered the state nearly ungovernable. [read post]
8 Oct 2015, 9:01 pm
Last year at the Supreme Court, there was some level of drama about who would win or lose what I (and many other analysts) thought were the major cases; most people expected Justice Kennedy to join (as he did) with the more liberal Justices to recognize a national right of marriage equality for same-sex couples, but folks were less confident about the results in the Obamacare tax subsidies case and the challenge to Arizona’s independent redistricting commission, to name just a few. [read post]
17 Jun 2019, 9:01 pm
Last week Florida Governor Ron DeSantis signed into law SB 168, considered one of the strictest measures in the nation to prohibit state and local government entities from becoming so-called “sanctuary” jurisdictions within the state. [read post]
12 May 2019, 9:01 pm
President Trump’s tweet a few weeks ago—indicating that he “would first head to the U.S. [read post]
