But if anyone was wondering, that still doesn’t mean we’re going to let anything and everything pass in the comments section here. (American Constitution Society Blog, Feb. 26 (via GruntDoc); Reynolds, Feb. 26) (Universal Communication Systems v. Lycos).
Chronicling the high cost of our legal system
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Point of Law- "Right and Left Join Forces on Criminal Justice"Adam Liptak's article brings front-page New York Times attention to a welcome trend that's been building for years now. Commentary: Adler/Volokh.... […]Walter Olson
- House/Senate divide on state med-mal limitsThe Texas Medical Association, unlike some physician groups, refuses to support the health care bill on Capitol Hill. One of its particular concerns: TMA wants the legislation to explicitly protect the state's caps on non-economic damages in malpractice lawsuits. The... […]Walter Olson
- "Selling Lawsuits, Buying Trouble"The Chamber's Institute for Legal Reform has published a substantial new study (PDF) of the dangers of third-party litigation financing. The authors are John Beisner, Jessica Miller and Gary Rubin of Skadden Arps. Executive summary: "Third-party litigation financing" is a... […]Walter Olson
- State of play on Alien Tort litigationLee G. Dunst of Gibson Dunn, writing in the New York Law Journal (PDF), reviews recent cases and concludes that the courts are tending to dismiss most actions filed under the Alien Tort Claims Act (also known as the Alien... […]Walter Olson
- Higher punitives for wealthier malefactorsIra Stoll at Future of Capitalism has some doubts about that new $300 million tobacco verdict.... […]Walter Olson
- "Right and Left Join Forces on Criminal Justice"
- Volokh
- “Climategate” and the Social Validation of KnowledgeRecent evidence that prominent climate scientists have tried to intimidate academic journals into not publishing papers submitted by “climate change” skeptics have caused a major brouhaha in the ongoing political battle over global warming. At least some of the scientists in question certainly seem to have put ideology above the search for truth. The [. […]Ilya Somin
- New York Court of Appeals Upholds Atlantic Yards CondemnationsThe New York Court of Appeals has issued its opinion in Goldstein v. New York State Urban Development Corporation, an important property rights case. The 6–1 decision upholds the condemnation of numerous properties in the Atlantic Yards area for the purpose of transferring them to powerful developer Bruce Ratner, who plans to use most of [...] […]Ilya Somin
- Originalism and the Sixth Amendment Right “to have the Assistance of Counsel”The briefs filed in McDonald v. City of Chicago have raised a lot of questions here about the role of originalism versus stare decisis in constitutional interpretation. Some have argued that stare decisis must give way to correctness on these issues as a matter of constitutional purity: We should always follow the original public [...] […]Orin Kerr
- DOJ Files Brief Supporting Super-En-Banc in CDTYesterday the Justice Department filed its Brief in Support of Rehearing En Banc By the Full Court in United States v. Comprehensive Drug Testing, the blockbuster computer search and seizure case I have blogged a lot about. From the introduction: The en banc panel’s decision announced sweeping new rules for warrants to search computers that [...] […]Orin Kerr
- Health bill and gun ownershipToday’s Washington Examiner has an article about the concerns that Gun Owners of America has raised about the health care bill which is currently on the Senate floor. I am quoted therein, and I think that GOA has a good point. The Examiner article concludes with a contrary quote: “It is very clear they are misreading [...] […]David Kopel
- “Climategate” and the Social Validation of Knowledge
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