Posts Tagged ‘recusals’

April 22 roundup

Constitutional law and Supreme Court roundup

  • 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]

September 10 roundup

  • 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]

January 18 roundup

  • 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]

“Mississippi Court Reverses $322 Million Asbestos Verdict”

“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

  • 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

  • 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]

August 10 roundup

  • 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]

July 29 roundup

  • 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]

July 19 roundup

  • 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]