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27 Oct 2011, 11:26 am
  But if I had to choose, I'd probably say that Judge Ikuta's dissent has the better of the argument over Judge Kozinski's majority opinion.Judge Kozinski, as he sometimes does, pitches his opinion with mystery and guile, commencing his missive with the following introductory paragraph:"This is a strange case. [read post]
12 Jan 2011, 1:45 pm by Orin Kerr
(Orin Kerr) Today the Supreme Court heard oral argument in Kentucky v. [read post]
9 Oct 2009, 12:24 pm
I can grok that.But it nonetheless seems a little strange to say -- as Justice Nicholson does here -- that because FELA is a substantive statute with special rules, the applicable rule in state court is not a FELA-specific rule, but rather Rule 68. [read post]
12 Jun 2020, 3:43 pm
  (You'll see why the date matters in a tiny bit.)It's doctrinally a statutory interpretation case:  Does a particular Fresno municipal ordinance only prevent a "person" from blocking a sidewalk, or does it prevent a person from placing "property" that blocks the sidewalk as well? [read post]
1 May 2017, 6:43 am by Peter Groves
Whether "Eminem-esque" does infringe copyright in "Lose Yourself" is another matter, but it does seem like a strong possibility. [read post]
30 Jan 2012, 1:59 pm by Orin Kerr
(Or does Alito not recognize the revolutionary nature of that approach?) [read post]
18 Jul 2011, 1:29 pm
  So time and money down the toilet.But strange stuff doesn't end there. [read post]
14 Jan 2023, 6:30 am by Guest Blogger
I offer a couple of examples, written by Chief Justice Hughes (who was no slouch as a lawyer), out of many that could be deployed.[12]  Wood v. [read post]
19 Feb 2009, 8:58 pm
Strangely, the federal probation offices might be doing these offenders a favor. [read post]
14 Jan 2008, 10:59 am
Over on Volokh Conspiracy, Orin Kerr has posted a thoughtful and fair-minded response to our study of public interpretations of the Scott v. [read post]