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The Cockle Bur Blog

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

19 Aug, 2011

Law School Law Firms

2019-03-18T18:47:55-05:00August 19th, 2011|Tags: |

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 [...]

18 Aug, 2011

No, really, are there limits?

2019-03-18T18:47:55-05:00August 18th, 2011|

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 [...]

16 Aug, 2011

Medium Rare Burgers and the Land of Laws

2019-03-18T18:47:55-05:00August 16th, 2011|

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 [...]

12 Aug, 2011

New Merits Briefs Filed by Cockle Printing

2011-08-12T16:31:34-05:00August 12th, 2011|

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

11 Aug, 2011

The Slippery Freefall

2019-03-18T18:47:55-05:00August 11th, 2011|

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 [...]

9 Aug, 2011

Same words, different meanings…and?

2019-03-18T18:47:55-05:00August 9th, 2011|

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 [...]