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6 Aug 2010, 10:51 am
I hope that Kerr, Frum, and others have success in taking their party/movement back. [read post]
6 Aug 2010, 8:33 am
A record of the roll call is available here; at the Volokh Conspiracy, Orin Kerr tallies up the total votes for and against the last four nominees, while Politico’s Josh Gerstein recaps the vote breakdown as well. [read post]
5 Aug 2010, 11:35 pm
(Orin Kerr) I just learned that SALT — the Society of American Law Teachers, as which bills itself as “a community of progressive law teachers working for justice, diversity and academic excellence” — has a blog: The SALTLAW Blog. [read post]
5 Aug 2010, 2:49 pm
(Orin Kerr) Total votes for and against the Republican Nominees (Roberts in 2005, Alito in 2006): 136 for, 64 against. [read post]
5 Aug 2010, 1:21 pm
(Orin Kerr) Today we’re mostly focused on the important district court decision yesterday in Perry v. [read post]
5 Aug 2010, 10:12 am
At the Volokh Conspiracy, Orin Kerr explains why – contrary to arguments made by others, including Lithwick – the extensive factual record in the case will not “matter very much” if the case reaches the Court; Dave Hoffman makes a similar argument at Concurring Opinions. [read post]
5 Aug 2010, 9:35 am
(Orin Kerr) Over at CoOp, Dave Hoffman has more on the relative importance of the facts in Perry: [T]here are facts, and then there are constitutional facts. [read post]
5 Aug 2010, 8:09 am
Orin Kerr on the challenging effects of your internal “yes man”: One of the consequences of confirmation bias is that we are overly impressed by ideas that we happen to share. [read post]
5 Aug 2010, 6:43 am
These are some of the things I've been tweeting about today: orin kerr asks "How Much Do the Factual Findings Matter in Perry v. [read post]
4 Aug 2010, 11:42 pm
(Orin Kerr) Judge Walker’s opinion in the same-sex marriage case is notable for its factual record. [read post]
4 Aug 2010, 8:54 pm
(Orin Kerr) I’m sure some people have thought a lot about this issue, and I hope they’ll bear with me as I pose an amateurish question: Should it matter to the constitutionality of Prop 8 that it was passed as part of a ballot initiative that restored preexisting law? [read post]
4 Aug 2010, 6:47 pm
[UPDATE: Dave Hoffman and Orin Kerr both question the significance of the factual findings. [read post]
4 Aug 2010, 6:38 pm
(Orin Kerr) A lot of the legal issues in Judge Walker’s opinion have been addressed elsewhere, but I wanted to focus on one narrow part of the opinion raising an issue of particular interest to me: Whether and when the pragmatic concerns abut rapidly changing social institutions provide a rational basis for rejecting such changes. [read post]
4 Aug 2010, 3:54 pm
A SUPERB AND INSIGHTFUL POST from Orin Kerr. [read post]
4 Aug 2010, 2:50 pm
(Orin Kerr) Much of Judge Walker’s opinion focus on the facts, and why he concludes that there is no rational basis on which a person can oppose same-sex marriage. [read post]
4 Aug 2010, 2:05 pm
The articles in Arnstein & Lehr’s Intellectual Property Newsletter were authored by Attorneys Judith Grubner, Joel Rothman and Misha Kerr. [read post]
4 Aug 2010, 12:47 pm
(Orin Kerr) One of the consequences of confirmation bias is that we are overly impressed by ideas that we happen to share. [read post]
4 Aug 2010, 9:45 am
Presiding Judge Jean Kerr Maurer has announced a new initiative for "summary jury trials. [read post]
3 Aug 2010, 9:09 pm
(Orin Kerr) Adrian Vermeule, who is one of my favorite legal scholars writing today, has this interesting review in The New Republic of new books on constitutional interpretation by David Strauss and the trio of Goodwin Liu, Pam Karlan, and Chris Schroeder. [read post]
3 Aug 2010, 1:58 pm
(Orin Kerr) Richard Bejtlich thinks so. [read post]
