They’ve got the Illinois Constitution — or at least their power to read things into the ambiguities and interstices of that document — and they’re not afraid to use it. [ABA Journal] Scott Greenfield has some comments on the equal protection ruling and its policy implications.
Chronicling the high cost of our legal system
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Point of Law- In Congress, promoting the return of notice pleadingsRep. Jerrold Nadler (D-NY) has introduced H.R. 4115, the Open Access to Courts Act of 2009, to restore notice pleadings, i.e., the status quo ante Twombly and Iqbal. Nadler's news release announced the bill, "Nadler, Johnson, and Conyers Introduce Bill... […]Carter Wood
- "'Sick Leave' Mandates We Can Ill Afford"Diana Furchtgott-Roth warns of another labor-backed bill gathering steam in Congress. Earlier here and here.... […]Walter Olson
- "Jury rejects prosecutor's rigged game"Our own Marie Gryphon on the Bear Stearns acquittals.... […]Walter Olson
- AP poll: most favor limiting med-mal awardsA "new Associated Press poll says most Americans support curbs on medical malpractice lawsuits. The AP poll found that 54 percent favor making it harder to sue doctors and hospitals for mistakes taking care of patients, while 32 percent are... […]Walter Olson
- Around the web, November 20Moving beyond judicial elections? Chamber's Institute for Legal Reform has a new report out (PDF) on the subject of "Best Practices in Judicial Merit Selection" More: Gavel Grab. Earlier: here, here, etc. Latest from the Jury Verdict Research people:... […]Walter Olson
- In Congress, promoting the return of notice pleadings
- Volokh
- Sunday Song LyricGlenn Beck likes Muse. He’ s hardly alone, given the award-winning British Altrock band’s growing popularity in the U.S. While most other Muse fans may be drawn in by the music, Beck likes the lyrics. “These guys are brilliant, they know the time that we live in,” he said during a September broadcast. “All of [...] […]Jonathan H. Adler
- Palin, Ignorance, and Stupidity RevisitedLongtime readers may recall that I was initially positive about Sarah Palin because her record was much more libertarian than that of most other major national politicians. Later, I had to reassess my view of Palin, as her ignorance of many important policy issues became apparent. But I also emphasized that ignorance is not [...] […]Ilya Somin
- How Common is the Socratic Method?In a recent post, Orin expresses doubts about whether the “traditional” form of the Socratic method is still used in many law schools. If by “traditional form” he means something like what is portrayed in The Paper Chase, I agree that not many use it. Very few lawprofs are as obnoxious as the mythical Professor [...] […]Ilya Somin
- President Obama is not a jihadiA local controversy here in Colorado involves an auto dealer who used the billboard on his property to ask the question ““PRESIDENT or JIHAD?” The rest of the billboard attempts (not very successfully in my view) to connect this question to the issue of Obama’s birth certificate. Last night I was briefly interviewed about the [...] […]David Kopel
- How Common is the Socratic Method in Law Schools Today?In a post below, Ilya writes: The traditional law school reliance on the the Socratic method, which I criticized on other grounds in this series of posts, is part of the problem. Many professors and students assume that it is the only correct way of teaching law classes, especially large intro courses, and therefore don’t bother [...] […]Orin Kerr
- Sunday Song Lyric
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The very definition of judicial tyranny, not to mention hyper-corrupt Machine Politics.
Shouldn’t this be considered as a conflict of interest? Unless I missed something, here we have judges ruling on something that affects them directly–retirement age. I thought most judges would have to recuse themselves where there was a possibility or certainty that they would rule on things which affect them directly or indirectly.
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