Heritage Foundation: Do You Know What the Constitution Really Means?

On Gov. Christie’s Judicial Nominations

What is Going On at Law School Admission Council (LSAC)?

    Brian Tamanaha at the Balkinization Blog: Law schools elect the Board of Trustees that oversees LSAC. It is time to elect people who will take a hard look at its operation. What are LSAC’s priorities? Why is it amassing a huge pile of money? Why is it raising fees when it is not losing money? Why are the officers paid so much? Why is there a general counsel and assistant general counsel, with a combined salary of half a million dollars, along with legal fees to outside law firms totaling another half a million dollars? Why is a million dollars spent each year on lobbying? Why does LSAC pay for “guests” to accompany staff members to two board meetings a year? (All of this information is available on Guidestar).


  • Posted: 04/23/2012
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  • Category: Bench & Bar
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  • Source: balkin.blogspot.com

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Michael Stokes Paulsen: The Unprecedented, Extraordinary, Anti-democratic, Activist Power of Judicial Review

Supreme Court Declines to Hear Rent-Control Challenge

ABA, American Law Institute divorce amicably on CLE

Senate panel endorses Kayatta for 1st Circuit judgeship

Neb. refuses order to surrender execution drug to FDA

Iowa: Cady’s view of constitution permits judicial fiat

Strict Scrutiny for Every Law? Remembering the Real Carolene Products

Analysis: A Romney pick for top U.S. court? Frontrunners emerge

The Supreme Court’s Job Is to Protect Americans from Democracy

Analysis: A Romney pick for top U.S. court? Frontrunners emerge

Chief justice of Louisiana Supreme Court retiring

Chemerinsky: Arizona Immigration Case Closes a Momentous Court Term

Obama’s recess actions spur Republicans to join lawsuit

U.S. Senate confirms Thacker to federal appeals court

Private lawyers hired by local governments get same immunity as public employees

Francis J. Beckwith: Faith, Reason, and Secular Hegemony

Ideologues In Robes: The major theories about interpreting the Constitution serve competing schools of activism

Colo. Chief Justice: Polls show lack of confidence in judiciary

Napolitano perjured herself to Congress in Fast & Furious testimony?

    Human Events: In her explosive new book Fast and Furious, Katie Pavlich makes the case that Homeland Security Secretary Janet Napolitano not only failed to stop an operation that led to the death of one of her own, Border Agent Brian A. Terry, but she may have also lied to Congress in sworn testimony at a hearing held to find out what really happened.


  • Posted: 04/13/2012
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  • Category: Bench & Bar
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  • Source: www.humanevents.com

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Interview: How District Judge Jed Rakoff makes the calls

    Reuters: Since being nominated to the bench by President Bill Clinton in 1995, U.S. District Judge Jed Rakoff has earned a reputation for attention-grabbing rulings — from declaring the death penalty unconstitutional in 2002, to, more recently, challenging the U.S. Securities and Exchange Commission’s settlements with Bank of America and Citigroup over financial-crisis-era toxic securities.


  • Posted: 04/13/2012
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  • Category: Bench & Bar
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  • Source: newsandinsight.thomsonreuters.com

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SCOTUS for law students: What happens now in the health care cases? (sponsored by Bloomberg Law)

Panel on Reform of Lawyer Licensing at the University of Washington School of Law

Justice Scalia defends view of the Constitution

Obama admirer to teach ‘Understanding Obama’ class at Harvard Law School

Ala. judge orders man to jail for sagging pants

President Obama might note that in American politics the goal is not to curb the judiciary but to co-opt it.

    Paul Moreno at the Wall Street Journal (The Unhappy History of Running Against the Supreme Court) (via Google): By scolding the Supreme Court over its 2010 Citizens United decision and cautioning it against declaring ObamaCare unconstitutional, President Obama is ignoring a lesson liberals and progressives should have learned long ago. None has ever succeeded in galvanizing popular opinion against the courts. In American politics, the goal is not to curb the judiciary but to co-opt it.


  • Posted: 04/10/2012
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  • Category: Bench & Bar

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Thomas, Aubuchon stripped of their legal licenses

Paul D. Carrington: “Bring the Justices Back to Earth” | NY Times

    Paul D. Carrington at the NY Times: If five of our present justices broadly prohibit the federal government from providing accessible health care, Congress should consider using its constitutional power again to add two more justices — and impose a reasonable limit on the length of time that a mere mortal should hold so much political power.


  • Posted: 04/10/2012
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  • Category: Bench & Bar
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  • Source: www.nytimes.com

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Why Progressives Like President Obama Loathe Judicial Review

    Richard M. Salsman at Forbes: Mr. Obama’s legal reference to Lochner is apt, but ridiculous too, given his fear that SCOTUS may scotch ObamaCare. In Lochner v. New York (1905) the Court rightly jettisoned a state regulatory scheme that violated commercial rights; yet that was the last it so ruled. Thereafter, and especially after being intimidated by FDR and his thuggish New-Dealers in the 1930s, the Court dropped its obligation to uphold economic and property rights. In effect the Court denied what the Founders had earlier argued; that liberty is indivisible, that violations of economic liberty eventually spilled over into violations of civil liberty. The Founders were right. After 80 years of losing our commercial liberties – losses that Obama only applauds – perhaps Americans are starting to glimpse the loss of their civil liberties too.


  • Posted: 04/10/2012
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  • Category: Bench & Bar
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  • Source: www.forbes.com

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Alabama a top stop for justices

Thomas chides colleagues for too many questions

Supreme Court’s Ratings Jump Following Health Care Hearings

Law School’s ABA Antitrust Lawsuit is Dying a Slow Death

President Obama Locks Horns With Chief Justice Roberts Over Health Care Case, Role of Lochner

McConnell to Obama: Back off SCOTUS

N.D. Cal.: “Same-sex benefits denial is ruled discriminatory”

Book takes readers into the world of Supreme Court law clerks, from 1882 to today

    Washington Post: “In Chambers: Stories of Supreme Court Law Clerks and Their Justices” (University of Virginia Press), edited by Todd C. Peppers and Artemus Ward: They’ve been called “Courtiers of the Marble Palace” and “Sorcerers’ Apprentices.” But to the justices of the U.S. Supreme Court, their law clerks are much more: sparring partners, workhorses and, often, extended family.


  • Posted: 04/04/2012
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  • Category: Bench & Bar
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  • Source: www.washingtonpost.com

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First, Let’s Kill All the Law Schools: A Review of Schools for Misrule

    Claremont Institute: Yet it’s not as if Tocqueville was wrong, or insensitive to the full implications of his irony. It’s just that he was largely describing the culture and role of traditional common lawyers—the barristers and solicitors—a breed that has almost disappeared from the American political, if not legal, landscape. He describes the English or American lawyer (in contrast to his continental counterpart) who still has “a taste and respect for what is old,” and who wishes to rely “on the sense of his fathers.” Such a lawyer is timid, regular, and legal—a cautious interpreter of “an occult science” that looks backward rather than forward and relies on particulars rather than highly contested abstractions. But a funny thing happened to the American common lawyer, and that funny thing was the American law school (which came into its own a century after Tocqueville wrote). As legal training and apprenticeship gave way to legal education and schooling, wave after wave of progressive thinking washed over the expanding and newly confident law schools . . .


  • Posted: 04/04/2012
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  • Category: Bench & Bar
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  • Source: claremont.org

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Ricky Polston named next Chief Justice for Fla. Supreme Court

Holder: Justice Department will respond to judge

Ken Connor: Supreme Court Mulls Not Just Healthcare, but the Role of Government in America

Obama eases rhetoric about Supreme Court on health care

5th Circuit Panel orders memo from DOJ: Do courts have the right to strike down a federal law?

For Court, a wider ideological divide: On health care, Roberts Court charts aggressive course

Ron Paul: The Supreme Court and Obamacare

The Supreme Court Cannot Overrule the People for Long

Obama: Supreme Court Won’t Overturn Obamacare Law

Why Did Legal Elites Underestimate the Case Against the Mandate?

Super PACs, donors turn sights on judicial branch

Campaign to intimidate SCOTUS into upholding Obamacare underway?

Top 10 Debt-Inducing Private Law Schools

Washington Times: “Justice Robert’s Cellphone: Court arguments expose weakness of Obamacare’s foundation”

Reid: No recess appointments this time

In Plain English: Conditions or unconstitutional coercion?

Amid Signs of Continued Slowdown, Senate Panel Approves Three Judicial Nominees

Some Tentative Thoughts on the Medicaid Case

Alan E. Sears: The Battle Requires Perspective and Perseverance

LSATs Plummet to Lowest Point in 10 Years: Could Law School Get Cheaper?

SCOTUS Argument recap: Will Medicaid expansion succumb to state rights?

Ken Klukowski: “Obamacare Day 3: Court May Strike Down Entire Law, Not Just Mandate”

MI Dems sue over rules for giving ‘immediate effect’ to legislation