Posts filtered by tags: Adam Feldman[x]


Non Sequiturs: 01.13.19

* A happy 200th birthday to Cravath, which celebrates its bicentennial in 2019 (and which has launched a sharp-looking, historically rich microsite for the occasion). [Cravath/200] * According to Dayvon Love, "the policy response from mainstream political institutions and the Democratic Leadership in Maryland to the issue of gun violence and homicide in the Black community is mired in racism." [Leaders of a Beautiful Struggle] * The current Term of the Supreme Court doesn't boast many blockbus...
Tags: Florida, Crime, Maryland, Supreme Court, Law, Scotus, Copyright, Racism, United States, Intellectual Property, Government Shutdown, Shutdown, Capitol Records, Florida Supreme Court, Adam Feldman, Grady

Friday round-up

Briefly: Joan Biskupic reports at CNN that “Justice Ruth Bader Ginsburg’s cancer surgery and ongoing recuperation have cast an atmosphere of uncertainty over the Supreme Court at a critical time for its future and as the legal fate of several controversial White House policies hang in the balance.” At the Goldwater Institute’s In Defense of Liberty blog, Jacob Huebert urges the justices to hear a challenge to an Illinois campaign-finance law and to “and make clear that governments cannot use co...
Tags: Supreme Court, Law, White House, Cnn, Illinois, Ruth Bader Ginsburg, Round-up, Adam Feldman, Heritage Foundation, Kavanaugh, Brunetti, Goldwater Institute, Joan Biskupic, Iancu, RBG, Elizabeth Slattery

"Choir Boy" Announces One-Week Extension at Manhattan Theatre Club

January 9, 2019 Choir Boy Will Now Play Through Sunday, February 24 At MTC’s Samuel J. Friedman Theatre Written by Academy Award Winner Tarell Alvin McCraney (Moonlight) Directed by Trip Cullman Lynne Meadow (Artistic Director) and Barry Grove (Executive Producer) are thrilled to announce that Manhattan Theatre Club’s Broadway premiere of Choir Boy, by Academy Award winner Tarell Alvin McCraney (Moonlight, The Brother/Sister Plays) and directed by Drama Desk A...
Tags: Hollywood, Religion, New York Times, Broadway, David Auburn, New York Magazine, Wilson, Pensacola, Samuel, Pendleton, Lynne Meadow, Richard Greenberg, Harold, David Lindsay Abaire, Manhattan Theatre Club, Samuel J Friedman

Non Sequiturs: 12.30.18

* In 2018, what did Donald Trump talk about when he talked about the courts? Adam Feldman dives into the data to find out. [Empirical SCOTUS] * Speaking of President Trump and the judiciary, he continues to appoint federal judges at a record pace -- but the Democrats are doing everything they can to slow down his progress. [Bench Memos / National Review] * If you care at all about affordable housing, then you should be heartened by these developments in the fight against exclusionary zoning, a...
Tags: Real Estate, Technology, Supreme Court, Law, Scotus, Artificial Intelligence, Health Care, Federal Judges, Department Of Justice, Donald Trump, Justice Department, Litigation, Legal Technology, Litigators, Trump, Adam Feldman

Thursday round-up

In op-ed for The Hill, Kristin Waggoner weighs in on American Legion v. American Humanist Association, an establishment clause challenge to the placement on public land of a World War I memorial shaped like a cross, maintaining that “[t]he sight of a cross-shaped memorial to fallen heroes moves many of us,” and … [n]othing legitimizes eliminating these noble sentiments from our political landscape because the symbols that evoke them might offend someone.” In an op-ed at USA Today, Alexandra McPh...
Tags: Usa, Supreme Court, Law, Bloomberg, Ap, Ruth Bader Ginsburg, American Legion, Trump, Round-up, U S Supreme Court, Adam Feldman, Goldstein Russell, American Humanist Association, Kimberly Robinson, the Court, Jordan Rubin

Non Sequiturs: 12.16.18

* In case you missed it (the news broke on Friday night), Judge Reed O’Connor (N.D. Tex.) held that the Affordable Care Act aka Obamacare is unconstitutional, in the wake of last year's tax reform that reduced the ACA's "shared responsibility payment" for lacking health-care coverage to zero. [MedCity News] * Josh Blackman agrees with Judge O'Connor the constitutionality of the individual mandate, but disagreed with his severability analysis. [Reason / Volokh Conspiracy] * Meanwhile, fellow Vo...
Tags: Supreme Court, Law, Scotus, Obamacare, Football, Sports, NFL, Affordable Care Act, Al Sharpton, Oakland, Personal Injury, Thomas, James Quinn, Josh Blackman, Roberts, Adam Feldman

Non Sequiturs: 12.09.18

* A fantasy from the fevered imagination of Lawprofblawg: playing the role of the Grinch who stole meetings. [Lawprofblawg] * Joel Cohen wonders: should jurors be instructed about the possible inaccuracy of descriptions of forensic evidence in "cop show" television programs? [Law and Crime] * David Oscar Markus isn't afraid to take on tough cases -- like defending embattled Secretary Alex Acosta in the court of public opinion. [Miami Herald via SDFLA Blog] * Former federal defender Stephen Co...
Tags: Amazon, Politics, Television, Supreme Court, Shopping, Law, Scotus, White House, Alabama, Death Penalty, Courts, Capital punishment, Grinch, Donald Trump, New York Daily News, Trump

Wednesday round-up

Ronald Mann has this blog’s argument analysis in Helsinn Healthcare v. Teva Pharmaceuticals, in which the justices considered yesterday whether the “on sale” bar to the patentability of an invention is triggered by a sale in which the purchaser is required to keep the details of the invention confidential. At Law360 (subscription required), Matthew Butman reports that the justices “wrestled with the idea that the America Invents Act may have narrowed the on-sale bar in patent cases, while leavin...
Tags: Maryland, Supreme Court, Law, Congress, Ap, United States, North Dakota, Liberty, Associated Press, Oklahoma, Los Angeles Times, Round-up, Mark Sherman, Lyle Denniston, U S Supreme Court, Murphy

Non Sequiturs: 12.02.18

* What are expert advocates’ secrets to cert success? Adam Feldman’s very interesting analysis suggests that using certain buzzwords in a petition might help. [Empirical SCOTUS] * Ilya Somin points out this fun depressing fact: one of the plants that General Motors will be closing sits on land seized in a controversial taking that forcibly […]
Tags: Supreme Court, Law, Scotus, General Motors, Gm, Impostor Syndrome, Adam Feldman, Federalist Society, Ilya Somin, Eminent Domain, Non-Sequiturs, David Pozen, Ed Whelan, Dan Markel, Katherine Magbanua, Sigfredo Garcia

Thursday round-up

For this blog, in a post that first appeared at Howe on the Court, Amy Howe covers yesterday’s oral argument in Timbs v. Indiana, in which the justices considered whether the Eighth Amendment’s prohibition on excessive fines applies to the states. Robert Barnes reports for The Washington Post that the question “seemed to strike the Supreme Court … as something of a constitutional no-brainer,” and that the justices “seemed more than ready to rule for Tyson Timbs of Marion, Ind., who had his $42,0...
Tags: Apple, Usa, Texas, Supreme Court, Law, Congress, Washington Post, Court, Bloomberg, Indiana, Pepper, New York Times, Fca, Rover, Npr, Oklahoma

Tuesday round-up

Yesterday the justices issued additional orders from their conference last Friday; as expected, they did not add any cases to their merits docket. Amy Howe covers the order list for this blog, in a post that first appeared at Howe on the Court. At Bloomberg Law, Jordan Rubin reports that the court “chose not to hear a case on the Sixth Amendment’s confrontation clause …, turning away an appeal from Alabama but sparking a noteworthy dissent in the process” from “a pairing not seen yet this term, ...
Tags: Texas, Supreme Court, Law, Washington, Alabama, Pennsylvania, Los Angeles Times, Round-up, Sonia Sotomayor, U S Supreme Court, Howe, Adam Feldman, Lambert, Sotomayor, Department of Commerce, National Constitution Center

Tuesday round-up

In a podcast at Howe on the Court, Amy Howe “look[s] back at some of the events of the week of November 5 at the Supreme Court, including the first opinion of the term, the formal investiture of Justice Brett Kavanaugh, and the announcement that 85-year-old Justice Ruth Bader Ginsburg had broken three ribs in a fall at her office.” At Vox, Julia Belluz notes that Ginsburg has “lived through many personal and familial medical dramas — all of which she’s bounced back from.” At BBC News, Jessica Lu...
Tags: Florida, Mississippi, Supreme Court, Law, Washington Post, Washington, Indiana, BBC News, Cnn, Vox, Ruth Bader Ginsburg, Justice Department, American Legion, Trump, Round-up, U S Supreme Court

Non Sequiturs: 11.04.18

* A fun bit of trivia (via Adam Feldman): which Supreme Court justice cites law review articles most often? (Hint: he does so a lot in dissent.) [Empirical SCOTUS] * Charles Glasser argues that Senator Claire McCaskill -- who's in a tough reelection fight against a former SCOTUS clerk, Josh Hawley -- advocates a move that "represents a clear and present danger to investigative journalism." [Daily Caller] * It's helpful to Josh Hawley that President Donald Trump is so popular in Missouri -- eve...
Tags: Politics, Supreme Court, Law, Scotus, Immigration, Bankruptcy, Missouri, Donald Trump, Fastcase, Trump, Adam Feldman, Claire McCaskill, Ilya Somin, Non-Sequiturs, American Immigration Lawyers Association (AILA, Justices

Forthcoming paper on influence of law clerks recalls Rehnquist article from 1957

The specter of the law clerk as a legal Rasputin, exerting an important influence on the cases actually decided by the Court, may be discarded at once. … It is unreasonable to suppose that a lawyer in middle age or older, of sufficient eminence in some walk of life to be appointed as one of nine judges of the world’s most powerful court, would consciously abandon his own views as to what is right and what is wrong in the law because a stripling clerk just graduated from law school tells him to...
Tags: Featured, Justice, Supreme Court, Law, Court, New York Times, Jackson, EPPS, Sen, Brown, U S Supreme Court, Allen, Adam Liptak, Adam Feldman, William Rehnquist, Heritage Foundation

Thursday round-up

Yesterday the justices heard oral argument in Frank v. Gaos, in which the court has been asked to make it harder for companies to settle class-action lawsuits without providing direct compensation to class members, through a process known as “cy pres.” Richard Wolf reports for USA Today that the court “appeared divided along ideological lines,” with “[t]he more conservative justices … hostile to plaintiffs and defendants devising their own settlements and leaving potential beneficiaries penniles...
Tags: New York, Supreme Court, Law, Washington Post, Mexico, Bloomberg, Idaho, New York Times, Fox News, Usa Today, Ruth Bader Ginsburg, Faa, Trump, Round-up, Frank, Robert Barnes

Non Sequiturs: 10.28.18

* Adam Feldman identifies eight issues where widely divergent state laws could lead to Supreme Court intervention. [Empirical SCOTUS] * Jonathan Adler wonders why it took so long for NBC to report on the inconsistencies and discrepancies in the allegations that Julie Swetnick made against Justice Brett Kavanaugh. [Bench Memos / National Review] * It seems that Cesar Sayoc didn't limit himself to threatening prominent liberals and progressives; he apparently went after Ilya Somin as well. [Reas...
Tags: Nbc, Supreme Court, Law, Scotus, Silicon Valley, Fastcase, Adam Feldman, Jonathan Adler, Ilya Somin, Non-Sequiturs, Mark Lemley, Bloomberg Law, Brett Kavanaugh, Orly Lobel, Bench Memos National Review, Litigation Analytics

Thursday round-up

Briefly: At, Erin Mulvaney reports that the “Justice Department told the U.S. Supreme Court on Wednesday that transgender workers are not guaranteed federal anti-discrimination protections, arguing against the views of the U.S. Equal Opportunity Commission and marking the latest clash between the agencies over the scope of Title VII civil rights.” For The Wall Street Journal, Lauren Weber reports that “[e]mployers are still trying to figure out how to keep their workers from suing them,...
Tags: Supreme Court, Law, Atlantic, Wall Street Journal, Justice Department, Round-up, U S Supreme Court, International Finance Corporation, Washington Times, Jam, Adam Feldman, Garrett Epps, Lauren Weber, New York Times Linda Greenhouse, Brett M Kavanaugh, Alex Swoyer

Non-Sequiturs: 10.14.18

* Adam Feldman examines the historical record to look at how Justice Brett Kavanaugh's brutal confirmation process could affect his jurisprudence. [Empirical SCOTUS] * And Joel Cohen looks at how Justice Kavanaugh's confirmation fight might affect his judging of the accused. [Law and Crime] * Meanwhile, David Oscar Markus argues that criminal defendants in federal court get treated much worse than Justice Kavanaugh. [The Hill] * Jemele Hill points out the support and sympathy for Justice Kava...
Tags: Supreme Court, Law, Scotus, Atlantic, Death Penalty, Courts, Capital punishment, Federal Judges, Aba, Hill, Adam Feldman, Kavanaugh, Alex Spiro, Daniel Hemel, Quinn Emanuel, Pedro Hernandez

Thursday round-up

Yesterday the court heard argument in Nielsen v. Preap, which involves the immigration law’s mandatory detention provision. Robert Barnes reports for The Washington Post that “President Trump’s two nominees to the Supreme Court might play key roles in deciding the rights of some immigrants to challenge their detention during deportation hearings,” “[b]ut it wasn’t clear that they would arrive at the same conclusion.” For The New York Times, Adam Liptak reports that “[t]he question in the case wa...
Tags: Supreme Court, Law, California, Washington Post, New York City, Court, West Virginia, North Dakota, New York Times, Nielsen, Los Angeles Times, Trump, Round-up, Reuters, U S Supreme Court, John Roberts

Non-Sequiturs: 10.07.18

* Should you go to law school? Our very own Kathryn Rubino lays out the pros and cons. [Policydb8] * You don't have to practice law; here's the story of how I went from practicing lawyer to founder of Above the Law, which I recently shared with Goli Kalkhoran. [Lessons From A Quitter] * UVA Law graduate Johnathan Perkins -- whose 3L controversy, covered in these pages (and elsewhere), turned out to be very different from initial reports -- has recommendations for improving the school's Honor S...
Tags: Technology, Supreme Court, Law, Scotus, Law Schools, Legal Technology, U S Supreme Court, Adam Feldman, Grady, Eugene Volokh, David Post, Non-Sequiturs, Kathryn Rubino, Cavalier Daily, Career Alternatives, Career alternatives for attorneys

Thursday round-up

At Politico, John Bresnahan and others report that “[t]he Senate is set for a critical Friday vote on Brett Kavanaugh’s Supreme Court nomination, teeing up a final vote by the weekend, with an FBI report on the sexual misconduct allegations against the judge expected in the chamber by [this] morning.” Natalie Andrews and Kristina Peterson report for The Wall Street Journal that “Friday’s vote is expected to indicate whether the nominee has the 50 votes he would need for confirmation, with Republ...
Tags: Usa, Supreme Court, Law, Senate, Court, Fbi, United States, Commerce, North Carolina, Illinois, Faa, Wall Street Journal, Ross, Trump, Round-up, Mike Pence

Non-Sequiturs: 09.30.18

* Many believe that today's Supreme Court is one of the hottest benches in history; Adam Feldman uses data to assess the claim. [Empirical SCOTUS] * As for who takes the SCOTUS bench, contingency plays a major role -- along with credentials and conservatism, as Ian Millhiser explains. [ThinkProgress] * Most people have their minds made up about Thursday's Supreme Court confirmation hearings featuring Dr. Christine Blasey Ford and Judge Brett Kavanaugh -- but if you're still trying to process t...
Tags: Technology, Supreme Court, Law, Scotus, Eu, European Union, Innovation, David Bernstein, Gdpr, Ian Millhiser, Adam Feldman, Kavanaugh, Greg Lambert, Non-Sequiturs, Ann Althouse, David Markus

Wednesday round-up

For The Wall Street Journal, Natalie Andrews and Peter Nicholas report that “[u]nder White House pressure, the Senate Republican leadership is moving to expedite the final stages of Judge Brett Kavanaugh’s nomination to the Supreme Court after Thursday’s planned hearing featuring [Dr. Christine Blasey Ford,] the woman who has accused him of sexual assault when they were teenagers.” For The Washington Post, Seung Min Kim and others report that “[l]ate Tuesday, the Senate Judiciary Committee sent ...
Tags: Supreme Court, Law, Senate, White House, Court, New York Times, Arizona, Round-up, Senate Judiciary Committee, Scalia, Peter Nicholas, Howe, Adam Feldman, U S Fish and Wildlife Service, Yale Journal, Maricopa County

Non-Sequiturs: 09.16.18

* Will Senator Susan Collins be persuaded by the campaign to get her to vote against Judge Brett Kavanaugh? Ed Whelan has his doubts. [Bench Memos / National Review] * Speaking of the Supreme Court, Adam Feldman identifies his "Supreme Court All-Stars" (2013-2017): the lawyers and law firms with the most arguments -- and wins -- before the high court. [Empirical SCOTUS] * Greg Lukianoff and Adam Goldstein offer tips for protecting freedom of speech on college campuses, inspired by a new book, ...
Tags: Google, Supreme Court, Law, Scotus, Washington Post, Cms, Arizona, Courts, Free Speech, Susan Collins, Adam Feldman, Orin Kerr, Jonathan Haidt, Adam Goldstein, Non-Sequiturs, Fifth Amendment

Friday round-up

For The New York Times, Catie Edmondson and Nicholas Fandos report that “[t]he senior Democrat on the Senate Judiciary Committee referred information involving Judge Brett M. Kavanaugh, President Trump’s nominee to the Supreme Court, to federal investigators on Thursday, but the senator declined to make public what the matter involved.” Additional coverage comes from Seung Min Kim and Elise Viebeck for The Washington Post, Richard Wolf for USA Today, Kristina Peterson and Jess Bravin for The Wal...
Tags: Usa, Supreme Court, Law, Washington Post, Senate, White House, Politico, New York Times, Npr, Usa Today, Wall Street Journal, Los Angeles Times, Justice Department, Collins, Trump, Round-up

Non-Sequiturs: 09.09.18

* Here's the truth behind what some saw as Zina Bash making a "white power" sign at the confirmation hearings of her former boss, Judge Brett Kavanaugh. [Washington Post] * With the Kavanaugh confirmation hearings in the rearview mirror, now is a good time to look back at the last four Supreme Court confirmation hearings. [Empirical SCOTUS] * Thomas Jipping summarizes research showing that the American Bar Association does tilt leftward in rating judicial nominees -- which is why its unanimous...
Tags: Twitter, Supreme Court, Law, Scotus, Obamacare, Washington Post, Legal Research, Affordable Care Act, Tweeting, Donald Trump, American Bar Association, Lexis, Casetext, Adam Feldman, Jonathan Adler, Instapundit

Thursday round-up

In a marathon session yesterday, the Senate Judiciary Committee completed its first round of questioning of Judge Brett Kavanaugh, President Donald Trump’s nominee to succeed Justice Anthony Kennedy on the Supreme Court. We live-blogged the questioning here, and Jon Levitan rounded up early coverage and commentary. At The Hill, Lydia Wheeler and Jordain Carney report that “[p]rotesters repeatedly interrupted Brett Kavanaugh during the Supreme Court nominee’s second day of confirmation hearings, ...
Tags: Supreme Court, Law, White House, Court, United States, Npr, Johnson, Donald Trump, George W Bush, Round-up, Senate Judiciary Committee, Brown, Board of Education, Howe, Lydia Wheeler, Nina Totenberg

“Will Kavanaugh’s Confirmation Hearings Provide Any Useful Information?”

“Will Kavanaugh’s Confirmation Hearings Provide Any Useful Information?” Adam Feldman has this post at his “Empirical SCOTUS” blog.
Tags: Law, Uncategorized, Adam Feldman, Kavanaugh

Non-Sequiturs: 09.02.18

Ed. note : We will not be publishing on Monday, September 3, in observance of Labor Day. * Law librarian Jean O'Grady rounds up the many books written by or about the late Senator John McCain -- and extends her "condolences to his families and friends on the passing of a remarkable man." [Dewey B Strategic] * Getting Judge Brett Kavanaugh on the Supreme Court will become easier if Senator McCain's successor is appointed before the confirmation vote -- but as Adam Feldman explains, Judge Kavan...
Tags: Supreme Court, Law, Nudity, Scotus, Obama, Washington Post, Labor Day, Relativity, John Mccain, American Bar Association, Bush, McCain, Michael Cohen, Adam Feldman, Kavanaugh, Grady

“Without a Swing It’s Game Over for Democrats”

“Without a Swing It’s Game Over for Democrats”: At his “Empirical SCOTUS” blog, Adam Feldman has a post that begins, “The Democrats are in a precarious position in the latest battle for a seat on the Supreme Court.”
Tags: Law, Uncategorized, Adam Feldman