Archive for the 'Constitutional Law' Category

Over at Opinio Juris, Harlan Cohen makes the compelling argument that the current “customary international law” paradigm of the Alien Tort Statute is a poor fit for the statute, particularly in light of recent cases. He’s right: trying to divine whether international custom supports aiding and abetting liability or corporate liability is, frankly, silly. It [...]

The Supreme Court handed down only orders this morning, meaning the next possible time for it to release an opinion in Citizens United v. Federal Election Commission is early next year. Several commentators, most notably John Elwood on Volokh Conspiracy and Tony Mauro for the Legal Times, have considered the possible reasons and consequences of [...]

The Supreme Court released its orders list from its long-conference yesterday and among the 12 cases granted is a potentially landmark ruling on the Second Amendment. The Court granted review in McDonald v. City of Chicago, a case decided by the Seventh Circuit in early-June. SCOTUSblog has a collection of cert. stage briefs that you [...]

If you’re looking for expert, and I use that word very literally, you can find an excellent write-up by Rick Hansen of Election Law blog here. If you don’t believe me, even Eugene Volokh gushes about Hansen a bit here. Hansen posits up some interesting analysis and I absolutely agree with his parting shot that [...]

To sum up my views on the oral arguments today: we saw it coming. Justice Sotomayor lined up in exactly the position she was expected take and the same goes for each of the other eight Justices. In the end, it looks like her position will be a minority one. Solicitor General Kagan did a [...]

John Elwood has posted a link to the end-of-term recap that he wrote for the Green Bag. As Elwood points out, the article is available for “a price commensurate with its worth.” I’ve probably said it before but I’ll say it again: I’m a big fan of the Green Bag and I’d recommend it to [...]

At 10AM on September 9th, the Supreme Court will sit for a special rehearing of Citizens United v. Federal Election Commission (08-205). The case will be the first heard by Associate Justice Sonia Sotomayor––and it should be one that she feels very comfortable with. Back in May, the New York Times noted that Sotomayor, who [...]

I’ve never noticed these before, but the Supreme Court posts brief summaries of each case on its website before the cases are published in the official US Reports. You can find the summaries on the Court’s site here. I also compiled a PDF of the summaries for OT08 cases that you can find here. The [...]

Solicitor General Kagan has filed a motion for divided argument in Citizens United v. FEC, according to SCOTUSblog. If the motion is granted, the division would create for a very interesting dynamic for the Court’s special September 9 sitting. 30 minutes – Ted Olson 20 minutes – Elena Kagan 10 minutes – Seth Waxman Frequent [...]

The Legal Times hosted an interesting term recap that featured insight from several attorneys who argued cases during the recent term. The panel of David Frederick, Greg Coleman, Pamela Harris, and Neal Katyal was moderated by Tony Mauro. You can find a link to the video here. The panelists: Pamela Harris – argued Pleasant Grove [...]



Random Posts

  • A Classic Oral Argument Passage: Today's New York Times article about Paul Clement, "Lawyer Opposing Health Law is Familiar Face to the Justices", reminds me of an interesti...
  • Average Age (1800-2010): I've posted a PDF of the Court's average age at the beginning of every term from 1800-present. The ages were taken on the first Monday in Oc...
  • Term Index Updated: I've updated the Term Case Index to reflect the four opinions handed down this week. Earlier today I released opinion authorship statistics ...
  • Updated Term Statistics: I've updated the Term Statistics to reflect this week's opinions. Complete --- Term Index Opinion Breakdown Vote Breakdown
  • Advocates Arguing from Private Practice (OT 2000-2011): In my last post, I provided a list of the top Supreme Court advocates of the twenty-first century who had never worked in the Office of the ...

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories