Posts filtered by tags: Adam Feldman[x]


 

Non Sequiturs: 04.07.19

* Where does Justice Brett Kavanaugh fit along the ideological spectrum at the Supreme Court? Adam Feldman evaluates the evidence thus far. [Empirical SCOTUS] * Speaking of SCOTUS, Frank Pasquale takes Neal Devins and Lawrence Baum's new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (affiliate link), as a jumping-off point for exploring the political polarization of SCOTUS. [Balkinization] * Texas v. Azar, the Obamacare case now pending before the Fifth Circuit,...
Tags: Texas, Technology, Supreme Court, Law, Scotus, Obamacare, America, David Bernstein, Legal Technology, Wolters Kluwer, Cohen, Pennsylvania Supreme Court, Fifth Circuit, Adam Feldman, Jonathan Adler, Grady


Thursday round-up

At , Tony Mauro reports that “[t]he book-writing bug has bitten U.S. Supreme Court Justice Neil Gorsuch, as it has with several of his colleagues”: A “book by Gorsuch titled ‘A Republic, If You Can Keep It,’ will be published in September” and “will include eight original essays as well as a collection of Gorsuch speeches and writings.” Additional coverage comes from Patrick Gregory and others at Bloomberg Law. At Reason’s Volokh Conspiracy blog, John Stinneford writes of Monday’s decision in...
Tags: Mississippi, Maryland, Supreme Court, Law, Court, Atlantic, United States, Missouri, Flowers, Round-up, Thomas, U S Supreme Court, Montgomery County, Adam Feldman, John Stinneford, Garrett Epps


Non Sequiturs: 03.24.19

* In the wake of Justice Anthony M. Kennedy's retirement, I predicted that Chief Justice John Roberts, a staunch institutionalist when it comes to the Supreme Court, would serve as a moderating influence at SCOTUS -- and so far that seems to be the case, with Adam Feldman noting a "a mild liberalizing over time" in JGR's jurisprudence. [Empirical SCOTUS] * Speaking of SCOTUS, it's high time for the Court to resolve the messy circuit split on email privacy under the Stored Communications Act, ac...
Tags: New York, Technology, Email, Supreme Court, Privacy, Law, Scotus, Rankings, Free Speech, Emails, Law Schools, American Bar Association, Fastcase, Trump, JGR, John Roberts


Thursday round-up

Mark Walsh has a first-hand look at yesterday’s argument in Flowers v. Mississippi, which asks whether a prosecutor’s repeated use of peremptory challenges to remove black people from the jury pool violated the Constitution, for this blog. At NPR, Nina Totenberg reports that the court “signaled strongly … that it is likely to rule for a death row inmate in Mississippi who was prosecuted six times for the same crime by a prosecutor with a history of racial bias in jury selection.” At The National...
Tags: Mississippi, Supreme Court, Law, America, Bloomberg, Indiana, Kansas, Npr, Nielsen, Flowers, Wall Street Journal, Los Angeles Times, Economist, Round-up, Frank, Garcia


Non Sequiturs: 03.17.19

* With Justice Anthony M. Kennedy off the Supreme Court, who has replaced him as the justice most often in the majority? The answer might surprise you (but note that this is based on only part of the Term). [Empirical SCOTUS] * Speaking of SCOTUS, what does its recent copyright ruling in Fourth Estate v. Wall-Street.com mean for creators? Here's a clear and concise breakdown. [All Rights Reserved] * In the wake of the giant college admissions scandal, is it time to rethink how elite institutio...
Tags: Asia, Supreme Court, Law, Scotus, Copyright, Philippines, College Admissions, Donald Trump, Huawei, Constitutional Law, Adam Feldman, Anthony M Kennedy, Fourth Estate, Ty Cobb, Robert Mueller, Non-Sequiturs


Wednesday round-up

At The George Washington Law Review’s On the Docket blog, Ralph Steinhardt discusses Jam v. International Finance Corporation, in which the court held that international organizations have the same immunity from lawsuits that foreign countries currently have and can therefore be sued in U.S. courts for their commercial activities, suggesting that the case “may be understood as a continuation of the effort to hold intergovernmental organizations accountable for violations of international law, wi...
Tags: New York, Supreme Court, Law, New York City, America, New York Times, American Legion, Round-up, Lyle Denniston, International Finance Corporation, Jam, Adam Feldman, Department of Commerce, Brunetti, Bladensburg, Goldstein Russell


Non Sequiturs: 03.03.19

* Several weeks after its release, Over My Dead Body, Wondery's new podcast exploring the Dan Markel case, continues to top the podcast charts -- and creators Matthew Shaer and Eric Benson have some thoughts on why the case has seized the public imagination. [Inside Edition] * The Keith Tharpe case, far from representing an isolated injustice, reflects and embodies the racist roots of the death penalty in America, according to Stephen Cooper. [CounterPunch] * The fight against racism in the ju...
Tags: Texas, Podcasts, Sixth Circuit, Supreme Court, Law, Scotus, Mexico, Immigration, America, Racism, Death Penalty, Capital punishment, Central America, Thomson Reuters, Defamation, James Woods


Tuesday round-up

This morning the justices will hear oral argument in two criminal cases, both involving federal supervised release. First up is United States v. Haymond, a constitutional challenge to a statutory provision that requires judges to impose additional prison time on sex offenders who violate the terms of their supervised release. Amy Howe had this blog’s preview, which first appeared at Howe on the Court. Matt Farnum and Trevor O’Bryan preview the case for Cornell Law School’s Legal Information Inst...
Tags: Supreme Court, Law, California, Washington Post, Ap, United States, New York Times, Fox News, Jackson, Ruth Bader Ginsburg, Wall Street Journal, Cornell, Hyatt, American Legion, Round-up, National Review


Non Sequiturs: 02.17.19

* I share Allahpundit's take on the retirement buzz around Justice Clarence Thomas (recently discussed by Jeffrey Toobin, but also in the air at last November's Federalist Society conference): it's certainly possible, and if it happens, Judge Amy Coney Barrett and Judge Amul Thapar are the two top picks. [Hot Air] * And Judge Barrett is protecting her prospects for Supreme Court confirmation: she just joined the opinion of a fellow shortlister, Judge Diane Sykes, that dutifully applies Hill v. ...
Tags: Supreme Court, Law, Scotus, Colorado, Poker, Free Speech, Jeffrey Toobin, Hill, Roger Stone, Institute for Justice, U.S. Chamber of Commerce, Adam Feldman, Barrett, Allahpundit, Clarence Thomas, Eugene Volokh


Wednesday round-up

Briefly: At CNN, Ariane de Vogue and Ted Barrett report that “Republican Sen. Susan Collins, a supporter of abortion rights who cast a critical vote to confirm Justice Brett Kavanaugh, said in an interview with CNN that despite his vote in a recent abortion access case, [June Medical Services v. Gee,] she did not believe Kavanaugh would ultimately vote to overturn Roe v. Wade.” At Constitution Daily, Lyle Denniston reports that “the Supreme Court on Monday set the stage for acting soon – probab...
Tags: Supreme Court, Law, Alabama, America, Cnn, United States, Fca, Round-up, Lyle Denniston, U S Supreme Court, U S Department of Justice, The Supreme Court, Adam Feldman, NFIB, Kavanaugh, Sen Susan Collins


Non Sequiturs: 02.03.19

* How have personnel changes at the Supreme Court affected the dynamics at oral argument? Adam Feldman offers this analysis. [Empirical SCOTUS] * Ed Whelan expresses relief over the White House’s new slate of Ninth Circuit nominations. [Bench Memos / National Review] * Can President Trump declare a “national emergency” in order to build his […]
Tags: Technology, Supreme Court, Law, Scotus, White House, Analytics, Donald Trump, Rudy Giuliani, Thomson Reuters, Trump, Adam Feldman, Ninth Circuit, Rudolph Giuliani, Brianne Gorod, Stephen Cooper, Kenneth Lee


Non Sequiturs: 01.20.19

* Adam Feldman explores the possible effect on the Supreme Court of replacing Justice Ruth Bader Ginsburg with a staunch conservative -- e.g., Judge Amy Coney Barrett. [Empirical SCOTUS] * Speaking of SCOTUS, here's Ilya Somin's read of the tea leaves in Knick v. Township of Scott, an important Takings Clause case.  [Volokh Conspiracy / Reason] * Stephen Embry disagrees with Joe Patrice's suggestion that junior lawyers are going extinct, but Embry acknowledges the major effect that technology ...
Tags: Technology, Supreme Court, Law, Scotus, Congress, Washington, Ruth Bader Ginsburg, Government Shutdown, Shutdown, Litigators, Bill Of Rights, Michael Cohen, Adam Feldman, The Hill, Grady, Embry


Friday round-up

Yesterday, the challengers in Department of Commerce v. U.S. District Court for the Southern District of New York, a dispute over discovery in a challenge to the government’s decision to add a question about citizenship to the 2020 census, asked the justices to dismiss the case, arguing that a district court decision earlier this week that barred the government from adding the question has rendered the Supreme Court case moot. Amy Howe has this blog’s coverage, which first appeared at Howe on th...
Tags: Supreme Court, Law, East Coast, Round-up, Reuters, U S Supreme Court, Lawrence Hurley, Howe, Adam Feldman, Department of Commerce, Andrew Chung, Heritage Foundation, Amy Howe, Ross Guberman, National Law Journal, Tony Mauro


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 Law.com, 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