Category Archives: Bench & Bar

Law school deans question sharp drop in bar exam scores

Supreme Court faces a new frontier: Threats on Facebook

Ginsburg ‘resting comfortably’ after heart procedure

Ginsburg gets heart stent to clear artery clog

Ginsburg has heart surgery

4th Circuit makes new law: Remands based on fraud can be undone

    Reuters: Do trial judges have to review their rulings in order to vacate them? You might assume so, but in an en banc decision Tuesday, the 4th U.S. Circuit Court of Appeals ruled that federal judges can vacate remand orders that turn out to have been based on misrepresentations – despite the procedural rule prohibiting judges from reconsidering their orders to remand cases to state court.


  • Posted: 11/25/2014
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  • Category: Bench & Bar
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  • Source: blogs.reuters.com

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Kentucky Supreme Court justice mulling run for governor

Gov. Brown names top Obama administration lawyer to California Supreme Court

Remembering Alice Lee: Alabama Supreme Court justice, former Circuit Court judge share thoughts on a ‘dynamo’

The Supreme Court won’t be getting another Sotomayor anytime soon

Lowe on American Legal History Since 1998

    Prawfs Blawg: I quite enjoyed Jessica Lowe’s article, Radicalism’s Legacy: American Legal History Since 1998. An economical 12 pages, it surveys developments in American legal history scholarship in the past decade and a half or so, framing it around the continuing influence of Robert Gordon’s famous piece Critical Legal Histories.


  • Posted: 11/18/2014
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  • Category: Bench & Bar
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  • Source: prawfsblawg.blogs.com

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Certiorari practices when lower federal courts hold state laws unconstitutional

There is no such thing as objective judging

Judge Pamela Harris and the Fourth Circuit’s collaborative culture

Three questions about the legality of the Obama Administration’s anti-sexual assault on campus policies

Sotomayor sees return to trial courts after retirement

Magna Carta 101 with Justice Scalia

Did an Obama appointed Supreme Court Justice put the nail in the coffin of Obamacare?

Should the Supreme Court get involved in church property disputes?

Memorandum from conservative leaders regarding the judicial filibuster

“Amendment banning ‘foreign law’ in Alabama courts passes”?

Supreme Court declines to hear challenge of Senate filibuster rules

Upcoming SCOTUS highlights, November 3-5, 2014

Like Rehnquist before him, Roberts warns: Don’t look at the clock

North Carolina judges: Instead of stepping down for refusing to perform same-sex marriage, should stay on the bench

Law school according to Kanye West

Five U.S. Supreme Court cases every Christian should be aware of

Why are lawyers so expensive? I’ll tell you why

‘Groundbreaking’ ruling for transsexual disabled vet

Judge dismisses lawsuits over IRS tax-exempt controversy

Judges gone wild: Judicial activism deactivates rights

Clement marks milestone of 75 Supreme Court arguments

Mass. strip club dances around town zoning restrictions

New York court to weigh legal rights of chimps

Supreme Court issues first order list of the term

Justice Ginsburg comments on abortion law stir recusal debate

Global law firms chart slow but steady growth

Supreme Court same-sex marriage ruling likely to land in term’s finale

Justice Ginsburg’s twisted logic

Eric Holder’s greatest hits

    The Washington Post: Several news organizations are reporting that Attorney General Eric Holder will step down as soon as his replacement can be named and confirmed. Longtime VC readers may recall that we’ve not always been AG Holder’s biggest fans. Indeed, some of us were critical of Holder even before he was confirmed.


  • Posted: 09/25/2014
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  • Category: Bench & Bar
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  • Source: www.washingtonpost.com

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Eric Holder to step down as Attorney General

    NPR: Eric Holder Jr., the nation’s first black U.S. attorney general, will resign his post after a tumultuous tenure marked by civil rights advances, national security threats, reforms to the criminal justice system and 5 1/2 years of fights with Republicans in Congress.


  • Posted: 09/25/2014
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  • Category: Bench & Bar
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  • Source: www.npr.org

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Famous Supreme Court plantiffs: a quiz

DOMA challengers can’t stick government with legal tab, court says

What to expect when the Supreme Court returns to work next week

BP pulls old college trick, fiddles with line spacing to beat court filing page limit

    Slate: Earlier this month, a federal judge ruled BP was not only negligent, but reckless in its operations that led to the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. On Monday, the very same judge issued another order to BP and its legal team—grow up.


  • Posted: 09/17/2014
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  • Category: Bench & Bar
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  • Source: www.slate.com

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Bob Cooper replaced as Tennessee Attorney General

Bonner elected to president of Wyoming State Bar

The meandering judicial philosophy of Judge Posner

    National Review: Posner was clearly leaving himself wiggle room on the issue, and has used it. At some point between 1998 and 2012, the Blade notes, Posner changed his mind about same-sex marriage, announcing the change in a rambling posting on his blog that cited his newfound conclusions (based in part, it seems, on a Wikipedia entry).


  • Posted: 09/15/2014
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  • Category: Bench & Bar, Marriage & Family
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  • Source: www.nationalreview.com

Building legacy, Obama reshapes appellate bench

Is Hobby Lobby a precedent on jurisdiction?

Seeking facts, Justices settle for what briefs tell them

Elitist and populist versions of originalism

Indiana’s first female chief justice assumes office

Constitution check: Will there be more Obama appointees on the Supreme Court?

Rearranging the Clerk’s office

Obamacare: text and intention

    Public Discourse: In Robert Bolt’s great play, A Man for All Seasons, Thomas More’s daughter confronts him with the ominous news that Parliament has mandated an oath of allegiance to the king. This oath will probably include some reference to the king as head of the Church, which More knows he could not truthfully affirm. Seeking a way out, he asks about the wording of the oath. Daughter Margaret replies that the wording is irrelevant because “we know what it will mean.” More, ever the lawyer’s lawyer, replies: “It will mean what the words say.”


  • Posted: 08/13/2014
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  • Category: Bench & Bar
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  • Source: www.thepublicdiscourse.com

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Unity rules on Michigan’s Supreme Court

Is ‘Halbig v. Burwell’ en banc worthy?

Latest Obamacare legal knot won’t be easy to untangle

Dueling rulings: Courts split on health law clash

Federal appeals court deals major blow to Obamacare

    Breitbart: President Obama’s un-Constitutional practice of lawlessly ignoring and rewriting laws to suit his left-wing political agenda has come back to bite his signature domestic achievement. Tuesday morning a federal appeals court dealt what USA Today describes as a “potentially major blow” to ObamaCare with a 2-1 ruling against the Obama administration’s end-run around Congress to disburse federal subsidies.


  • Posted: 07/22/2014
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  • Category: Bench & Bar
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  • Source: www.breitbart.com

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Summary procedures in the Supreme Court compared to courts of appeals

Fourth Circuit grants attorney fees in Lefemine v. Wideman case

Academic highlight: Measuring the circuits’ success in the Supreme Court

Nebraska judge says it’s time for Supreme Court to ‘shut up’

Angry mob takes to Twitter to scream at SCOTUSBlog for Hobby Lobby decision

Final Stat Pack for October Term 2013 and key takeaways

Top law firms by practice area and region

Supreme Court clerk hiring watch: Looking ahead to October Term 2015

The Supreme Court’s other shoe

    The Washington Times: When the Supreme Court ruled last year in United States v. Windsor that Section 3 of the federal Defense of Marriage Act was unconstitutional, it announced that its “opinion and its holding are confined” to those couples “joined in same-sex marriages made lawful by the State.” Because the definition and regulation of marriage has almost exclusively been within the province of the States, the Court noted repeatedly, it violated equal protection for the federal government not to give the same recognition to same-sex marriages sanctioned by a particular state that it gave to heterosexual marriages. On that reasoning, States that choose a different policy judgment about marriage, one that would preserve marriage as an institution between one man and one woman, should remain free to do so.


  • Posted: 06/19/2014
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  • Category: Bench & Bar
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  • Source: www.washingtontimes.com

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Christie’s lawyer problem

A guide to the Supreme Court’s remaining cases

Fourteen cases remain for Supreme Court

What we can expect from the Supreme Court next month