The Cockle Bur Blog
Legal minds on legal matters and whatever else strikes our fancy.
Law School Law Firms
Should law schools switch from three years to two and then tack on an additional year of work in a school-owned law firm? Sounds like an interesting possibility. That is the subject of an article entitled, The Law School Firm, written by Brooklyn Law School Professor Bradley Borden and University of Maryland School of Law [...]
No, really, are there limits?
Professor Orin Kerr has a post here arguing that opponents of the Individual Mandate are wrong to argue that an Obama Administration victory in the Individual Mandate cases would mean that there are no limits to federal power under the Commerce Clause. Unfortunately, this is at most only half true. According to Kerr, advocates of [...]
Medium Rare Burgers and the Land of Laws
I've been away from blogging for about 10 days now. My wife and I drove across the country from Omaha to Seattle (my father-in-law and his wife flew our 19-month old son). We are somewhat moved into our new place and ready to start the next chapter, tentatively entitled "Baby Girls and Law School." As many [...]
CockleBur Fantasy Football Preview
So, they finally got around to fixing that whole NFL lockout deal by figuring out a way to make the players happy and keep the owners rich by making the players rich and keeping the owners happy. And now that everyone is satisfied for at least another decade, we can finally go [...]
New Merits Briefs Filed by Cockle Printing
We filed two merits briefs this week: Reply Brief in Howes v. Fields, No. 10-680, filed on August 8, 2011 Brief of Respondents in CompuCredit Corp. v. Greenwood, No. 10-948, filed on August 8, 2011
New Merits Briefs Filed by Cockle Printing
New Petitions Recently Filed by Cockle Printing
The Slippery Freefall
Dahlia Lithwick’s recent article in Slate covers developments in a couple of federal lawsuits brought by American citizens claiming they were unlawfully tortured and detained by our military while working in Iraq. (Both the trial court in one case, and the 7th Circuit in the other, held that former Defense Secretary Donald Rumsfeld is not [...]
Same words, different meanings…and?
Prof. Bell has a blog post objecting to both originalism and living constitutionalism because both interpretive theories lead to what he considers an objectionable outcome: the same word being used to mean different things within the document. This outcome, he contends, “threatens the rule of law” because “an average citizen, using ordinary English, would not [...]