Blog

/Blog/

The Cockle Bur Blog

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

25 Feb, 2011

A New Batch of Merits Briefs

2011-02-25T22:01:39-06:00February 25th, 2011|Tags: , , |

We filed three merits briefs in the past week: the Respondent's Brief in the anticipated employment discrimination case of Wal-Mart v. Dukes, No. 10-277 was filed earlier this week; the Reply Brief in Alford v. Greene, No. 09-1478; and the Petitioner's Brief in Nevada Commission on Ethics v. Carrigan, No. 10-568.  

25 Feb, 2011

The Chamber of Commerce: A Friend of the Court (and vice versa)

2019-03-18T18:48:05-05:00February 25th, 2011|Tags: , , , , , |

On Tuesday, the Supreme Court ruled that people who are injured or killed by the side effects of vaccines cannot sue vaccine manufacturers for alleged design defects.  Another day, another victory in the Supreme Court for a business defendant—and another victory for preemption, the legal doctrine under which state law can be [...]

24 Feb, 2011

What Does “Cocaine Base” Mean?

2019-03-18T18:48:05-05:00February 24th, 2011|Tags: , , , , , |

On Monday, the Supreme Court will hear argument in DePierre v. United States, 09-1533, and decide a long-running dispute on what Congress meant by the term “cocaine base” for purposes of imposing mandatory minimum sentences under the federal narcotics statute. In 1985, Maryland basketball star Len Bias died of a cocaine drug overdose [...]

21 Feb, 2011

Radiohead Releases Eighth Album

2019-03-18T18:48:06-05:00February 21st, 2011|Tags: , |

If you are a lover of music, pay attention. On February 18th, Radiohead released their eighth studio album entitled, The King of Limbs. Rather than a big CD release, the band released the album on their website in electronic format only. You can purchase it here. The CD will hit record stores on March 28th. [...]

15 Feb, 2011

Does the Constitution Require Same-Sex Marriage?

2019-03-18T18:48:06-05:00February 15th, 2011|Tags: , , , , , , , , , , , , |

Whether gay marriage is a good thing and whether the constitution requires it are two different questions. In this video from a recent Columbus Federalist Society debate, Volokh Conspirator Jonathan Adler, NRO "Bench Memos" blogger Ed Whelan, and Capital Law Prof. Mark Strasser debate the second question. (I moderate.)

14 Feb, 2011

The Omitted Parts: The Smart on Crime Report

2019-03-18T18:48:06-05:00February 14th, 2011|Tags: , , , |

Last week a number of distinguished organizations released a new report meant to urge Congress and the President into making substantive changes to the way this country deals with crime. In my last post, I pointed out the strengths of the report. In this post, I want to discuss a few items that [...]

11 Feb, 2011

The Good Parts: My Conclusions of the Smart on Crime Report

2019-03-18T18:48:06-05:00February 11th, 2011|Tags: , , |

Last night, I read through most of the report entitled, Smart on Crime: Recommendations for the Administration and Congress. The goal of the report is to provide “analysis of the problems plaguing our state and federal criminal justice systems and a series of recommendations to address these failures.” For the most part, [...]

10 Feb, 2011

New Smart on Crime Report

2019-03-18T18:48:06-05:00February 10th, 2011|Tags: , |

Today, the Smart on Crime Coalition released a report, entitled Smart on Crime: Recommendations for the Administration and Congress. The Coalition includes a number of great organizations, such as the ABA, ACLU, the Cato Institute, FAMM, Institute for Justice, Innocence Project, NACDL, NAACP, Prison Fellowship and the Sentencing Project.