Posts tagged as:

recusals

  • The 173rd, maybe? “This is not the first time [Linda] Greenhouse has misrepresented the views of her opponents” [Ilya Somin; more from ABA Journal on federalism argument against DOMA as supposed anti-federal-power "Trojan horse"] Was it improper for trial judge Vaughn Walker and appeals judge Stephen Reinhardt not to have recused themselves from Prop 8 case? Legal Ethics Forum bloggers weigh in [John Steele, Richard Painter, etc.] Funny graphic by Cato social media team about Cato’s “odd couple” joint brief with Constitutional Accountability Center [CAC] “Right and Left Continue to Change Where they Stand on Standing” [Ilya Somin] And if you’re going to be on Capitol Hill this Friday and are interested in the DOMA and Prop 8 cases, be sure to attend the panel discussion at which I’ll be joined by Ilya Shapiro and Mary Bonauto;
  • On courts’ role in advancing liberty [Roger Pilon exchange with Ramesh Ponnuru] Incidentally, Cato’s “Mr. U.S. Constitution” is now on Twitter at @Roger_Pilon; and he discusses Cato’s high-profile SCOTUS amicus program [here]
  • Cook County official has creative theories about federal supremacy [Illinois Watchdog]
  • Amicus brief: Congress can’t assert perpetual jurisdiction over anyone and everyone, and that goes for ex-sex offenders too [Trevor Burrus]
  • “What are the Weirdest Constitutional Arguments Ever Asserted in Court?” [Orin Kerr and Volokh readers]
  • As Court considers voting act in Shelby County case, Chief Justice Roberts sees problem with pretending it’s still 1965 [Ilya Shapiro; more on VRA, 2010 Abigail Thernstrom backgrounder, National Affairs]

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September 10 roundup

by Walter Olson on September 10, 2012

  • Employee “moons” corporate brass, court upholds his loss of $2 million in commissions [NYDN]
  • Just what you always wanted to win in a class action: a 15%-off Bed Bath & Beyond coupon [PoL, compare]
  • Seven Camden, N.J. students made to eat lunch on cafeteria floor will get $500,000 [Courier Post Online]
  • “Lawyer Submits A Five-Page Brief — In Comic Book Form” [Tucson Weekly]
  • “Sunlight Before Signing: Measuring a Campaign Promise” [Jim Harper, Cato]
  • Judge Alex Kozinski cast as an extra in “Atlas Shrugged II” [Above the Law]
  • “Recusal Motion Cites Girl-Scout-Cookie Purchase” [Lowering the Bar]

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January 18 roundup

by Walter Olson on January 18, 2012

  • A federal fishing raid, the Pew Charitable Trusts and a biased Business Week account [Nils Stolpe on Gloucester, Mass. fisheries, via Stoll]
  • Intimidating the judiciary? “Group Opposing Citizens United Pushes ‘Occupy the Courts’ Protest” Jan. 20 [Debra Cassens Weiss, ABA Journal] Mob rallies at Michigan governor’s private home [Meegan Holland, MLive] “Occupy” forces Gingrich to cancel event [Daily Caller] Earlier here, here, here, etc.
  • “Paper Airplane? Late for School? Shouting Too Loud? You’re Under Arrest!” [Free-Range Kids, Texas]
  • Spielberg in “Raiders of the Lost Ark” paid homage to earlier movie sequences without sweating permissions. Oh, for those days [Joho] “Cultural gems that should be in the public domain today” [Atlantic Wire, Tabarrok]
  • UPS settlement exaggerates benefits to class members [Ted Frank; related, CCAF] “Federal Judges Have Harsh Words, Rulings for Class Action Plaintiffs’ Lawyers” [Lammi/WLF]
  • “Justice Breyer Calls Recusal Controversy a ‘Non-Issue’” [ABA Journal]
  • “Add Plaintiff-Lawyer Fees To The Cost Of Most Mergers” [Daniel Fisher, Forbes on Cornerstone Research report]

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“A Mississippi court has reversed a $322 million asbestos verdict against Union Carbide — believed to be the largest in U.S. history — after the judge failed to disclose his own father had pending asbestos litigation against the same company. … The jury ruled for Brown even though nine treating physicians, an independent medical examiner and an X-ray technician all testified that the plaintiff had no symptoms of asbestos-related disease.” [Daniel Fisher, Forbes; earlier here, here and here]

December 19 roundup

by Walter Olson on December 19, 2011

  • Too much of a stretch: US nixes copyright in yoga exercises [Bloomberg, earlier]
  • “Know your rights dealing with cops” material construed as probative of criminality [Popehat] Is Justice Scalia really an “unlikely” champion of defendants’ Constitutional rights? [LATimes, Adler] “Overcriminalization: The Legislative Side of the Problem” [Larkin/Heritage, related Meese] When feds spring false-statements trap, it won’t matter whether you committed underlying offense being investigated [Popehat] “‘Clean Up Government Act’ sparks overcriminalization concerns” [PoL]
  • Former Attorney General Mukasey on ObamaCare recusal flap [Adler]
  • American Antitrust Institute proposals might be discounted given group’s longstanding pro-plaintiff bias [Thom Lambert]
  • NYC: “The tour guide said that the way to get rich is to be a zoning lawyer.” [Arnold Kling]
  • “Obama’s Top Ten Constitutional Violations” [Ilya Shapiro, Daily Caller] In at least two major areas, “Obama has broken with precedent to curtail religious freedom” [Steve Chapman]
  • Ted Frank-Shirley Svorny med mal debate wraps up [PoL, Bader]

October 14 roundup

by Walter Olson on October 14, 2011

  • Pre-terror-attack antibiotic availability? HHS doesn’t think you’re sophisticated enough to handle that freedom [Stewart Baker]
  • Uh-oh: some New York lawmakers want “a more refined First Amendment” [Slashdot, Lucy Steigerwald]
  • Wal-Mart v. Dukes decision could curb certification of some wage and hour class actions [Fox]
  • “Miss. Supreme Court Removes Judge from $322M Asbestos Case Because of Dad’s Lawsuits” [ABA Journal]
  • Mass. town wants to seize family motel under forfeiture law, IJ objects [Jacob Sullum, Mark Perry]
  • Will FDA use its new tobacco-regulatory power to stub out cigars? [DC]
  • “Dole settles pesticide litigation” [WSJ Law Blog, background]

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August 10 roundup

by Walter Olson on August 10, 2011

  • Maine Supreme Court agrees that not having to show up in court might be reasonable accommodation for plaintiff claiming PTSD disability [Volokh]
  • Guess how much Richard Kreimer, the New Jersey homeless guy, has made in his many lawsuit settlements [Newark Star-Ledger, PoL]
  • Given the problems with business-method patents, you can see why banks would want to dodge them [Felix Salmon]
  • Contempt: “Calling the jailing of a person ‘civil’ doesn’t mean they put curtains on the cell windows.” [Greenfield]
  • “Class Counsel Request $90.8M In Fees In Black Farmers Case” [BLT]
  • Law school accreditation, recusal standards, international law among topics in new issue of Federalist Society’s ABA Watch;
  • Electricity-wise, EPA puts the squeeze on the juice [Andrew Grossman, Heritage; Weston Hicks, AgendaWise; Tatler]

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July 29 roundup

by Walter Olson on July 29, 2011

  • Don’t: “Lawyer Disbarred for Verbal Aggression to Pay $9.8M Fine for Hiding Cash Overseas” [Weiss, ABA Journal]
  • Loser-pays might help: “Dropped malpractice lawsuits cost legal system time and money” [Liz Kowalczyk, Boston Globe]
  • “Kim Kardashian and the Problem With ‘Celebrity Likeness’ Lawsuits” [Atlantic Wire]
  • Kim Strassel on the Franken-spun Jamie Leigh Jones case [WSJ]
  • Peggy Little interviews Prof. Lester Brickman (Lawyer Barons) on new Federalist Society podcast;
  • Worse than Wisconsin? “Weaponizing” recusal at the Michigan Supreme Court [Jeff Hadden, Detroit News]
  • New York legislature requires warning labels for sippy cups [NYDN]

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July 19 roundup

by Walter Olson on July 19, 2011

  • More on CPSC’s crib ban train wreck [Commissioner Anne Northup, more, earlier]
  • One man’s nightmare of false accusation [LA Times via PoL]
  • How many plaintiff’s-side flicks is HBO going to air this summer, anyway? ["Mann v. Ford," Abnormal Use]
  • Apple granted “incredibly broad patent” over screen gesture technology [Tabarrok]
  • Will Congress reverse this term’s much-attacked SCOTUS decisions? [Alison Frankel] Podcast on Wal-Mart v. Dukes with Brian Fitzpatrick [Fed Soc] “Wal-Mart ruling no knock-out blow for class actions” [Reuters] Contrary to some assertions, current law does strongly incentivize individual job-bias claims [Bader] More on case: Dan Bushell, and welcome Craig Newmark readers.
  • Mississippi stops proceedings in $322 million asbestos case to consider judge’s possible conflict [JCL, earlier here, here]
  • Nice coat, where’dja get it? [annals of incompetent crime, UK Daily Mail]

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July 15 roundup

by Walter Olson on July 15, 2011

“In a motion filed Tuesday, attorneys for Union Carbide said Circuit Judge Eddie H. Bowen neglected to notify defense lawyers that his parents had been involved in similar asbestos litigation and had settled a case against Union Carbide.” A rural Mississippi jury earlier this month returned the largest asbestos verdict in American history, $322 million, against Union Carbide and other defendants. [AP/Stamford Advocate; Jackson Clarion-Ledger] More problems with verdict: Point of Law.

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April 27 roundup

by Walter Olson on April 27, 2011

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Easier said than done, especially given the mandates of the Constitution about the structure of the judiciary, warns Brookings’s Russell Wheeler. Relatedly, Ed Whelan at NRO “Bench Memos” scrutinizes the ethics charges floated by some left-leaning groups against Justices Scalia and Thomas in recent weeks (parts one, two, three).

Ted Frank and Scott Greenfield suspect that some New York lawyers are soon going to be donating to judges they dislike, just to keep from drawing them for their case.

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The Federalist Society has posted numerous videos from its recent National Lawyers’ Convention, including sessions on the aggressive regulatory stance of today’s Environmental Protection Agency, the constitutionality of Obamacare, anonymity and the First Amendment in media and campaign-regulation law, NYU’s Richard Epstein debating Yale’s Bill Eskridge on the court battle over California’s Prop 8, recusal and campaign rules for judges, Dodd-Frank, and the Christian Legal Society v. Martinez case on accreditation of student groups, among other topics. And civil procedure/Iqbal-Twombly buffs may be interested in a luncheon panel held just yesterday in D.C. (I was in the audience) in which four law professors (Don Elliott of Yale, Martin Redish and Ronald Allen of Northwestern, and Rick Esenberg of Marquette) outlined ideas for reforming the Federal Rules of Civil Procedure to reduce discovery costs and improve screening of cases in the earliest stages of filing.

The video above is of the Society’s 10th annual Barbara Olson Memorial Lecture, in which Second Circuit Chief Judge Dennis Jacobs provocatively criticizes legal academia and other precincts of influential legal thinking for misunderstanding the role of the military and its relation to the law.

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November 21 roundup

by Walter Olson on November 21, 2010

  • Federalist Society annual convention (which I attended) included panels on anonymity and the First Amendment, judicial recusals, many other topics;
  • Nomination of R.I.’s McConnell to federal bench could soon reach Senate floor [ProJo]
  • “Why U.S. Taxpayers Are Paying Brazilian Cotton Growers $147 Million” [NPR via Popehat]
  • “Litigation Governance: Taking Adequacy Seriously” [Trask, Class Action Countermeasures]
  • “Family” groups vs. a family, cont’d: Vermont Supreme Court upholds Miller-Jenkins custody ruling [Volokh, BTB]
  • OSHA allows more comment on what could be an extremely expensive mandate against noise in the workplace [ShopFloor]
  • Cops who inform on cops are often left to twist in wind [Balko]
  • Interview with Mark Zaid, collector of comic book art with law/legal themes [Abnormal Use]

October 23 roundup

by Walter Olson on October 23, 2010

  • Suffolk County, New York’s new animal abuse registry [Scott Greenfield and more vs. Elie Mystal]
  • Examining Dems’ “flood of outside campaign money” claims [Baseball Crank, Sullum]
  • “Reverse bill stuffer” turns tables on firms’ efforts to amend fine print [David Horton, Prawfs]
  • Occupational licensure and economic sclerosis in Greece [NYT]
  • Phoenix cops’ unsettling evidence-plant “joke” [Coyote]
  • Legal Left trying to set up argument for Thomas recusal on Obamacare challenge? [Steele, LEF]
  • “How Fannie and Freddie Became a $363 Billion Liability” [John Hudson, Atlantic Wire]
  • “Lawsuit of the Day: Kid Injured by ‘Deleterious’ Hot Sauce” [Legal Blog Watch]

August 10 roundup

by Walter Olson on August 10, 2010

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