Recent Posts
- Thought-provoking article re meaning of legal conservatismThe Danger of Trump’s Clash with the Conservative Legal MovementArticle Source FOR…
- Interesting liberal piece mentioning Federalist Society role in Federal judicial pipelineSource: The smartest people in Trumpland – ThinkProgress All of this drama…
- Scalia’s greatest strength, his steadfastness, was also his greatest weakness – The Washington PostI do not agree that his steadfastness as described in the article…
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Month: September 2009
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Interesting 1st DCA case – presuit notice requirements: most interesting part is discussion of internet citation
Today the First DCA issued an opinion in Oken v. Williams, 1D08-3398, granting a petition for cert in case that argued that the trial court had failed to follow the law when denying a motion to dismiss for failure to comply with presuit notice in a medical malpractice action. Basically, the plaintiff was attempting to…
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222 years later, constitution scholars find little to celebrate in founding document – News
222 years later, constitution scholars find little to celebrate in founding document – News. Amazing headline from Harvard Law Record, but explains much about current elite constitutional thought, and it is worth reading from that perspective. Thanks to How Appealing for identifying this gem.
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NCAA Public Records OA
Well, the Oral Argument was held this morning at the First DCA, and based on the questions from the Panel, it does not look good for the NCAA . The panel did ask some questions on the FERPA, Public Records exemption issue, but the discussion seemed to be somewhat sidetracked on the fact the documents…
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The New Yorker, Are Obama’s Judges Really Liberals?
Annals of Law: Bench Press : The New Yorker. Are Obama’s Judges really liberals,? by Jeffrey Toobin. Interesting article not so much for the topic it discusses, but for its discussion of what liberal and conservative means, and noting how the language of judicial confirmations now presumes a need for judges to use conservative descriptions…
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David B. Rivkin Jr. and Lee A. Casey: Mandatory Insurance Is Unconstitutional – WSJ.com
David B. Rivkin Jr. and Lee A. Casey: Mandatory Insurance Is Unconstitutional – WSJ.com. Newest article from WSJ discussing constitutionality of mandatory insurance.
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NCAA Public Records Case Update
The briefs filed in this case at the First DCA will be attached as received. We understand that oral argument has already been set for Friday morning the 25th in this case. We have now been sent copies of all the briefs in this case but the reply brief. Initial NCAA Brief; Answer Brief of…
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Andrew Napolitano: Health-Care Reform and the Constitution – WSJ.com
Andrew Napolitano: Health-Care Reform and the Constitution – WSJ.com. One of the core tenets of a legal conservative’s philosophy is understanding that Congress is a body of enumerated powers, and in this column Congressman James Clyburn from South Carolina demonstrates classic incomprehension on that point. Wickard v. Filburn also gets dishonorable mention. Wickard of course…
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1st DCA Case denying request for cert review of a MSJ denial predicated on statute of limitations
In an opinion issued today in Abbey v. Patrick, the First District denied a cert petition request from a doctor who claimed he had a valid statute of limitations defense against a medical negligence suit. The Court held that this was not an extraordinary case deserving of cert review, and did not reach the merits…
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Nahmias adds conservative voice to Ga. high court | ajc.com
Nahmias adds conservative voice to Ga. high court | ajc.com. A good profile of the newest appointed Justice to the Georgia Supreme Court, a Justice who interestingly enough worked for Judge Silberman, Justice Scalia, and Justice Roberts at different points in his career. His philosophy is contrasted with that of former Justice Sears, who was described…
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Transcript from USCT Citizens United v. FEC
Supreme Court Transcript in the Hillary movie case here. It appears as though this decision will probably include one or more discussions of Stare Decisis when it is released, based on the lines of questioning from the court.
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