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The Cockle Bur Blog

Legal minds on legal matters and whatever else strikes our fancy.

9 Dec, 2011

Healthcare Litigation Briefing Schedule

2019-03-18T18:47:50-05:00December 9th, 2011|

Late on Thursday the Court issued an order laying out briefing deadlines for the parties and issues in the three Obamacare cases now before the Court on oral argument. Our own Kate Collister has been tracking these matters with the Clerk's Office, and she has posted her outline of the scheduling order at the Cockle Printing website. [...]

6 Dec, 2011

The Plight of the Pro Se Litigant

2019-03-18T18:47:50-05:00December 6th, 2011|Tags: , , , , |

Given the state of our economy and the rising costs of legal representation, it should come as no surprise that pro se litigation is increasing--rapidly. It should also come as no surprise that the legal system struggles to cope with pro se litigants. In his forward, entitled "Root Causes of the Pro Se Prisoner Litigation [...]

2 Dec, 2011

The Efficiency Over Rights Argument

2011-12-02T18:49:41-06:00December 2nd, 2011|Tags: , , |

Stanford Law Professor Jeffrey L. Fisher had a particularly compelling argument yesterday in the New York Times against the assertion that if applying federal constitutional rights costs too much than the right should not apply. This efficiency versus rights argument is a commonly employed by prosecutors offices across the country. And it is incredibly false. Tax [...]

1 Dec, 2011

The U.S. Senate Has Gone Mad

2019-03-18T18:47:50-05:00December 1st, 2011|Tags: , , , , , |

I never thought that an American Senate would pass a bill that allows the military to lock up American citizens, indefinitely, without due process of law. I just never saw that one coming. Especially after the excessive abuse of power from the last Presidential Administration. And its not as if the Executive is clamoring for [...]

28 Nov, 2011

Reconsidering “Judicial Engagement”

2019-03-18T18:47:50-05:00November 28th, 2011|Tags: , , , , , |

Several years ago, I wrote a review of The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom by Cato Institute chairman Robert A. Levy and Institute for Justice co-founder William Mellor.  As its subtitle suggests, the book criticizes twelve U.S. Supreme Court decisions that are especially offensive [...]