Monthly Archives: March 2006

The latest issue of The New Republic profiles Tom Goldstein of Goldstein & Howe. (UPDATE: The story is now available online here.) The story, by Noam Scheiber, makes the provocative claim that Tom Goldstein has had a profound influence on … Continue reading →

Yesterday I linked to what I described as “the key moment in the Hamdan argument,” and today I want to explain why I think that moment is particularly important.  As most readers know, Justice Kennedy is expected to be the critical vote in … Continue reading →

A video of the Yale Law Journal‘s recent symposium on executive power is online. You can find all the links to the individual panels here, at Punch & Judy. If you’re interested in watching the Kiwi Camara/Cass Sunstein/Ed Whelan panel … Continue reading →

The always-excellent SCOTUSblog has been on a roll recently.  If you’re not reading it, head over there and just keep scrolling.

If I had to guess, the following exchange from yesterday’s oral argument in Hamdan v. Rumsfeld (which I have slightly edited from the court’s official transcript) is the best sign as to where the Court is heading in the case: … Continue reading →

There are lots of classic quotations from Supreme Court cases that every lawyer and law student knows.  I for one am very glad that the following line hasn’t become one of them: “Yet, happily, all constitutional questions are always open.” … Continue reading →

Over at PrawfsBlawg, Dan Markel notes that his decision to post a scanned copy of the U.S. News ranking led to a call from the General Counsel’s office at U.S. News asking him to take down the .pdf he had … Continue reading →

Last week, the Drudge Report picked up on a story in the Lincoln (Ne.) Journal-Star of a very interesting criminal case involving a college student sent to jail for 30 days for hosting a big party at his house.  From the … Continue reading →

The new U.S. News & World Report law school rankings are out. The folks at U.S. News always manage to change the numbers around just enough so that the rankings change and you need to buy the magazine to find … Continue reading →

It’s always hard to second-guess a state sentencing decision based only on press reports.   You don’t know the details of the sentencing scheme, or the details of the factual findings.  But I wonder what sentence this defendant would have received … Continue reading →

The audio of the Hamdan argument is on C-Span 3 right now, and will be posted at C-Span (and elsewhere) later today for listening and subsequent mulling.

Via Raw Story, I see the Atlanta Journal-Constitution is reporting about a woman in DeKalb County, Georgia, who received a $100 ticket for having an anti-Bush bumper sticker on her car: It was 9:30 on a recent Friday night when … Continue reading →

Today Justice Scalia was Acting Chief Justice, cracking jokes and posing tough questions as he sat in Chief Justice Roberts’ chair at the Supreme Court. No, you didn’t miss a palace coup — Scalia was literally “acting,” playing the role … Continue reading →

Jack Goldsmith has this fascinating article (.pdf) in the latest Green Bag.  Thanks to Howard for the link.

This is fascinating: Al-Qaida conspirator Zacarias Moussaoui testified Monday that he and would-be shoe bomber Richard Reid were supposed to hijack a fifth airplane on Sept. 11, 2001, and fly it into the White House. Of course, it’s hard to … Continue reading →

Paul Caron has a preview of survey results forthcoming in the University of Pennsylvania Law Review on how student articles editors select pieces for publication. It’s somewhat hard to know what to make of the preview, because (as I read … Continue reading →

Over at SCOTUSblog, Lyle Denniston has an interesting post on the possibility that the Justices will reach a 4-4 tie in Hamdan v. Rumsfeld. (Chief Justice Roberts has recused himself, as he was on the D.C. Circuit panel below.) I … Continue reading →

Marty Lederman has an interesting post on a recent talk by Justice Scalia in which he discussed the rights of Guantanamo detainees.  I tend to agree with Ed Whelan that Scalia won’t recused himself in Hamdan based on this talk, … Continue reading →

The Rockford Register Star has a story about a man who was convicted of a crime for using the unencrypted wireless network of a nearby non-profit agency without first obtaining the agency’s permission. The article doesn’t say, but I gather … Continue reading →

In a just-published law review tribute to retired Justice Sandra Day O’Connor, Justice Stephen Breyer offered this summary of Justice O’Connor’s approach to important cases like Grutter and Hamdi: As these and many other O’Connor opinions make clear, the institutional … Continue reading →