Legal minds on legal matters and whatever else strikes our fancy.
One of the stranger legacies of modern “constitutional law” is the separation of liberty concepts and government-structure concepts—that is, the notion that we can speak on one hand of arguments about federal authority, and on the other about the rights that are protected in the Bill of Rights or other constitutional provisions. [...]
In the Winter 2012 Independent Review, I review David Bernstein’s Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform. Here’s how it starts: Few Supreme Court cases receive more scorn in U.S. law schools than Lochner v. New York (198 U.S. 45), the 1905 decision that struck down a New York law limiting the number of [...]
We filed a merits brief this week: Brief for the Respondent in Filarsky v. Delia, No. 10-1018, filed on December 14, 2011.
The dreaded or longer for holiday season is upon us and many of you are looking for that $25 gift for someone because your family drew names over Thanksgiving. So here are some suggestions for those who enjoy the law and for those that don't. I've separated these into subject areas, since if you are giving [...]
This article in Mother Jones suggests that the answer is approximately 1 percent. That doesn't seem like a lot until you remember that there are over 2 million prisoners in the U.S. So that is roughly 20,000 people who were erroneously convicted. I wonder how many tax dollars are spent to house those 20,000.
We filed two merits briefs recently: Brief for the Respondents in Coleman v. Ct. of Appeals of Maryland, No. 10-1016, filed on November 28, 2011 Petitioners' Brief in Elgin v. U.S. Dept. of Treasury, No. 11-45, filed on December 8, 2011