Blog

/Blog/

The Cockle Bur Blog

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

10 Feb, 2011

Please Welcome Our Newest Blogger

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

I am happy to welcome our newest blogger Timothy Sandefur. Please give him a warm CockleBur reception. Shon Hopwood   Timothy Sandefur is a Principal Attorney at the Pacific Legal Foundation, where he is the lead attorney in the Foundation’s Economic Liberty Project, devoted to promoting constitutional protection for the freedom of business owners and [...]

9 Feb, 2011

The Health Care Challenge Lands at the Supreme Court

2019-03-18T18:48:06-05:00February 9th, 2011|Tags: , , , |

Bypassing the Fourth Circuit Court of Appeals, today, the Commonwealth of Virginia brought their Affordable Care Act challenge to the Supreme Court’s doorstep. The State calls on the Court to sidestep the normal appellate route and decide now whether Congress, in passing the new health care bill, transgressed its constitutional powers. The petition for writ of certiorari lays out what is at stake:

7 Feb, 2011

The Latest in Legal Media Coverage

2011-02-07T17:00:41-06:00February 7th, 2011|Tags: , , , |

The New York Times’ reporting has been legal-heavy in the past week. Emily Bazelon, normally of Slate, covered the subject of shaken-baby syndrome and how that crime is proved in court. Adam Liptak discusses the possibility that the Supreme Court could lose its reputation for impartiality if the Court rules in a partisan way on the Obama [...]

3 Feb, 2011

A Non-Political View of the Commerce Clause and Health Care

2019-03-18T18:48:06-05:00February 3rd, 2011|Tags: , , |

Ever since Federal Judge Vinson struck down the Affordable Care Act, the legal blogosphere has been saturated with various arguments as to what the Commerce Clause should mean. I do not pretend to know whether or not the Affordable Care Act is good for the country, or, even if it is good for my family—a family that earns a very middle of the road income, that has a wife that is next to uncoverable, and has one child and another on the

3 Feb, 2011

The Solo Practitioner

2019-03-18T18:48:07-05:00February 3rd, 2011|Tags: , , , , |

On January 25th, I had the pleasure of speaking at the Fordham Law Review Symposium. Everyone that my wife, Annie, and I met from Fordham was gracious and welcoming. The topic of the discussion was the difficulties faced by pro se litigants, and it was enlightening to hear the varying perspectives; from Federal Judge James Francis, who must routinely deal with pro se prisoners filing civil suits to Columbia Professor Brett Dignam, who has been involved with prisoner rights litigation for over 20 years. I think the law profession, generally, tends to discount pro se litigants but that was not the feeling around the room on this night.

25 Jan, 2011

Rahm Emanuel and the combination of statutory and constitutional arguments

2019-03-18T18:48:07-05:00January 25th, 2011|

The litigation over Rahm Emanuel’s eligibility to be on the ballot for Mayor of Chicago illustrates a type of argument that can often be very effective. The statute at issue can plausibly be construed in Emanuel’s favor – but, as the decision of the appellate court indicates, this construction is not inevitable. Emanuel has plausible [...]

25 Jan, 2011

Keeping The House In Constitutional Order?

2019-03-18T18:48:07-05:00January 25th, 2011|

At the initiative of House Republicans, the House recently changed its rules to allow the reading of the whole Constitution on the floor on the House’s opening day and to require each bill introduced in the House to be accompanied by a statement in the Congressional Record “citing as specifically as practicable [...]

21 Jan, 2011

A Plea for a New Crack Law; A Prisoner Sues the Kardashian Sisters; An Economy of Tinned Mackerel; and Death Row Honey Buns

2019-03-18T18:48:07-05:00January 21st, 2011|Tags: , , , , , |

Earlier in the week, Julie Stewart, from the Families Against Mandatory Minimums, urged members of Congress and the President to pass a new law making the changes to crack cocaine sentencing retroactively applicable to federal prisoners. Courtesy of the Huffington Post, Ms. Stewart pleaded for new legislation, stating that: