In second book, Scalia, Garner warn judicial decisions leading to ‘descent into social rancor’

    National Law Journal: “The descent into social rancor over judicial decisions is largely traceable to nontextual means of interpretation, which erode society’s confidence in a rule of law that evidently has no agreed-on meaning,” the authors state. “Our legal system must regain a mooring that it has lost: a generally agreed-on approach to the interpretation of legal texts.” The book, titled Reading Law: The Interpretation of Legal Texts . . .


  • Posted: 06/18/2012
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  • Category: Bench & Bar
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  • Source: www.law.com

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Supreme Court’s Super Mondays Don’t Serve Justice

Holder Refuses to Provide Testimony on Kagan’s Involvement in Obamacare

“Illinois State’s Attorney’s Gay Marriage Support Part of an ‘Inside Job’”

Grassley Chides Kyl in Dispute Over Pro-Abortion Judge; Rare Intraparty Rebuke

U.S. Supreme Court: Never mind the 9. Meet the 36.

Ballot measure would change how AZ judges are appointed

    VerdeNews: Arizona voters are being asked to give Gov. Jan Brewer and her successors more power to choose who they want to serve as judges. Proposition 115 would sharply alter the process voters approved in 1974, which has special screening panels review would-be judges for the Supreme Court, Court of Appeals and the superior courts of Pima and Maricopa County.


  • Posted: 06/13/2012
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  • Category: Bench & Bar
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  • Source: verdenews.com

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Illinois Rep. Reis Objects to AG’s Support of Lawsuit to Redefine Marriage

Catholic law schools and the student debt crisis

Lawyer Survey Reveals Many Lawyers Plan to Hire in Third Quarter

Sen. Grassley demands re-vote on 9th Circuit judge nomination

1/3 of all cases before SCOTUS are from the 9th Circuit

Senate confirms another pro-abortion judge to the 9th Circuit

Big Law lobbies for openly “gay judge” in Richmond

Florida, Rick Scott Sue Feds Over Voter Purge

GOP Senators lash lower court’s “animus” based DOMA ruling in 9th Circuit filing

Dems block McCain resolution on special counsel for leaks

Richard A. Epstein: “Intellectual Laziness on the Supreme Court: It’s time to scrap the irrational rational basis test”

    Richard A. Epstein at The Hoover Institution Journal: The bottom line is this: The Supreme Court should never accept the open invitation to intellectual laziness and antisocial results that comes from adopting the rational basis test in any case that involves government regulation or taxation. There are all sorts of powerful and instructive private analogies that give clear guidance on how constitutional law cases should be decided, and these rules never give pride of place to some exaggerated concern with administrative costs.


  • Posted: 06/12/2012
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  • Category: Bench & Bar
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  • Source: www.hoover.org

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PA: Special interests trumped voters on choosing judges

Eric Holder warns of ‘constitutional crisis’

SG deputy chosen for judgeship

The Scales of Intimidation: Does the Supreme Court feel threatened, intimidated, or harassed by the press?

    Slate: As Richard Hasen pointed out last week, these claims that big donors are being “harassed” and “intimidated” by media scrutiny comes at precisely the same moment that a handful of conservative thinkers started accusing Obama (apparently by way of his thuggish henchman otherwise known as legal scholar and writer Jeffrey Rosen) of “harassing” and “intimidating” the Supreme Court itself.


  • Posted: 06/12/2012
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  • Category: Bench & Bar
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  • Source: www.slate.com

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D.C. Commission Announces 17 Applicants for Superior Court Vacancy

Sixth Circuit Smackdown Watch: Vying to Top Reversal Honors with the Ninth Circuit

Firm’s niche: Lobbying for federal judges

What price is N.J.’s judiciary system paying for Gov. Christie’s battle with Senate Dems?

Justices Decline Review of Religious Speech Case

Obama Nominates Two for U.S. Court of Appeals for the D.C. Circuit

DOJ says Issa playing ‘political games’ with contempt threat; Boehner says produce the information

Michael McConnell: Citizens United and the Wisconsin Vote

The Process of Drafting Supreme Court Opinions and Interesting Stats

Dissents undermine the highest court

    Joseph P. Nadeau at Boston Globe: When the court announces its much anticipated decision on national health care, expected in the next few weeks, there is the real prospect of another 5-4 decision, which means, once again, a case where dissenting justices are likely to write scathing separate opinions. Perhaps it would be more constructive for the court to decide cases by majority vote and issue a single opinion in the name of the court without publishing the votes or opinions of individual justices.


  • Posted: 06/11/2012
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  • Category: Bench & Bar
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  • Source: bostonglobe.com

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How Paul Clement Wishes He Could Prepare for Argument

Senate Defeats Filibuster Against Pro-Abortion Obama Judge

Senate Gears up for Fight Over Pro-Abortion Ninth Circuit Judicial Nominee

Florida AG won’t rule out suing feds over stonewalling noncitizen voter hunt

NC Supreme Court candidate speaks at local forum

A Record 1/3 of Law Grads’ Jobs Don’t Require Bar Passage

Law Prof: Economics of Legal Education Are Broken Because of Exacting Standards, Loan System

The 18-Year Bench: Linda Greenhouse calls for Supreme Court term limits.

    Linda Greenhouse at Slate: When I first heard academic chatter about doing away with life tenure for federal judges, I thought it was a bad, if not crazy, idea that threatened the Framers’ plan to guarantee judicial independence. But more recently, against my instincts, I have found myself drawn to the notion


  • Posted: 06/08/2012
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  • Category: Bench & Bar
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  • Source: www.slate.com

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Tony Mauro: Why top court is a key 2012 issue

LifeSiteNews: “Anatomy of a lie: Kansas court’s scheme to eliminate Planned Parenthood prosecutor revealed”

Supreme Court Justices: Addicted to Google

Fla. Gov. Scott requests review of 3 justices’ actions

Governor nominates Pollack to Hawaii Supreme Court

Dahlia Lithwick: “What’s the Best Road to Equal Marriage Rights?”

NY Times: North Carolina, Meet Citizens United

Bill Clinton reveals for the first time that former New York Gov. Mario Cuomo rejected Supreme Court nomination

Ilya Shapiro: Why Obama Strikes Out In Court

Justice Breyer opens up on Supreme Court life in 21st century

    AFP: “George Washington knew about commerce between the states, he did not know about the Internet,” Breyer told AFP in an exclusive interview, as he looked back on his 18 years serving as one of nine judges on the nation’s top bench. “But we have to apply the values that underlie free speech to a world with the Internet, to a world with television.


  • Posted: 06/06/2012
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  • Category: Bench & Bar
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  • Source: www.google.com

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About “The Most-Cited Law Review Articles of All Time”

    Volokh Conspiracy: The Michigan Law Review has just published an article by myself and Michelle Pearse updating my 1985 study of “The Most-Cited Law Review Articles” (73 California Law Review 1540) . . . The highlights of the Michigan Law Review article are tables of the 100 most-cited legal articles of all time and the 100 most-cited articles of the last twenty years (actually the top 5 most-cited articles published each of the years from 1990 to 2009) . . .


  • Posted: 06/05/2012
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  • Category: Bench & Bar
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  • Source: volokh.com

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8th Circuit: Trial Court Must Consider RFRA Challenges To Contempt Citations

Study: SCOTUS Justices have lived cloistered lives in elite schools

Illinois AG Supports Suits Challenging Marriage Definition

Ed Whelan: First Circuit vs. Judge Reinhardt

Judges Should Write Their Own Opinions

    William Domnarski at NY Times: But in truth, much of importance is lost when judges outsource the writing of their opinions to their less experienced assistants. Judge-written opinions require greater intellectual rigor, exhibit more personal style and lend themselves to more honest and transparent conclusions.


  • Posted: 06/01/2012
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  • Category: Bench & Bar
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  • Source: www.nytimes.com

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N.J. Senate Panel Rejects Christie Supreme Court Nominee Harris

Clarence Thomas reconciles with Yale after bitter years

Holder to black leaders: ‘Sacred’ right to vote under attack

Harold Berman’s Revolution in Western Legal Thought, Part I

Thacker sworn in as federal appeals judge

Vote on Oklahoma judicial nominees delayed by GOP

Winston and Crandall: The Law Firm Business Model Is Dying

Georgia: Carley sworn in as chief justice

CalPERS Must Offer Long-Term Care to Same-Sex Couples, Judge Rules | CaliforniaHealthLine.org

ADF Lawyer: Animus based DOMA ruling is “unbelievable”

    MinnPost (“Gay marriage: Judge overturns DOMA, stepping up pressure on Supreme Court”): She also cited a 1996 US Supreme Court decision on a Colorado anti-gay initiative that found gays and lesbians are protected from “burdensome legislation that is the product of sheer antigay animus and devoid of any legitimate governmental purpose.” That argument is outrageous, says Dale Schowengerdt, legal counsel for the Alliance Defense Fund, which supports DOMA. “To say that a law that was passed by overwhelmingly by Congress … to say that that’s the product of animus is — I don’t know how to say it — it’s unbelievable,” he says. “It’s just unbelievable that a judge would be making that sort of value judgment against the entire government, the Congress, and President Bill Clinton.” “Every civilization throughout history has found that marriage involves a man and a woman, and we’re confident that once the Supreme Court has this case, they will find there’s no animus and that the opposite sex was granted in a rational basis,” he says.


  • Posted: 05/29/2012
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  • Category: Featured

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“CalPERS offering domestic partner benefits to gay couples” | Live Insurance News