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Is Romney A Secret VAT Fan?
Susan thinks Romney is hiding a secret-but-coherent tax plan that involves a value-added tax. Her theory is that Romney can make all the budget numbers add up with the VAT, but can’t push for a VAT...
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A Country (or Party) In Love with Abstractions?
I’ve watched the press reports over Newtown over the past few days with a confused kind of feeling, and I think this blog post from The Economist finally explains why. On the one hand, this is a...
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There Is No Clerkship Crisis
The U.S. Court of Appeals for the D.C. Circuit recently announced that it is ditching the so-called “Federal Clerk Hiring Plan.” Under that plan, judges agreed that they would not consider applications...
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Vulture Funds: Not So Stupid
Susan’s recent post on Argentina is worth a read. So are the comments, if only because they seem to illustrate an oft-made mistake in discussions about international debt: people accusing the...
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The Oppression of the Printing Press?
How Appealing took me to an interesting story today involving a man and his Supreme Court petition. Aaron Greenspan is pro se plaintiff who, having lost in the district and circuit courts, decided to...
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If colleges and universities depend (at least in part) on alumni donations to support themselves, and if students are graduating with increasingly bitter attitudes towards their institutions (because...
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As Benedict steps down, it appears that he must give up all the trappings of the office, including the Official Pope Twitter Account. The page is now marked “sede vacante,” or “vacant seat.” -Michael
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Law Profs Fight Back
Professor Brian Leiter is mad as hell, and he’s not going to take it anymore. Professor Leiter, you see, is a blogger. Because he’s pretty well-known in the legal realm (mostly for his law school...
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Most Lawyers (Evidently) Don’t Think Like Lawyers
[Ed. Note: I thought I'd continue our accidental mini-symposium on "thinking like a laywer." Be sure to check out Susan's post on what it means to think like a lawyer, and my post on whether you have...
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Only a fool would donate to his law school. Why? Because in reality, you’re often just helping your university subsidize an undergraduate’s education. A report on revenues at the University of...
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Misunderstanding the Presumption Against Extraterritoriality
The Supreme Court applied the infamous presumption against extraterritoriality today to knock out Kiobel v. Royal Dutch Petroleum. The majority opinion is so terrible that Susan and I have spent the...
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Congressional Wishes vs. Federal Common Law
One of the incongruities of Kiobel comes from the fact that the Court is looking to Congress’ wishes or intent in trying to figure out whether the ATS applies abroad. As the Court simultaneously...
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Kiobel: Hating on Common Law?
My last post on Kiobel got me thinking: is this just a product of good-ole-fashioned conservative hatred of judge-made law? The first part of the majority’s analysis begins by noting that the statute...
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Citizens United Is Not Relevant
Josh Blackman, who I usually agree with, writes this: What precedent is *not* cited anywhere in Kiobel? Citizens United. Not a single citation anywhere. So much for an expansion of the...
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These Aren’t The Droids … Err … Jurisdictional Hooks You’re Looking For
Folks are already getting creative in their efforts to define potential claims under the new, post-Kiobel ATS. Over at Opinio Juris, Thomas Lee suggests: Another [case where the ATS might still be...
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A New Supreme Court Case Shows What Might’ve Been in Kiobel
For some time now, Susan and I have been saying that courts already have a number of tools at their disposal to limit the reach of the ATS, even before Kiobel. Because of those tools, there was really...
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Jeffrey Toobin Makes Up A Constituional Question
On CNN this morning, I was surprised to hear Jeffrey Toobin suggest that the federal government might have a problem seeking the death penalty against Dzhokhar Tsarnaev because Massachusetts doesn’t...
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Sotomayor’s Noncitizens [sic?]
In her majority opinion in Moncrieffe v. Holder today, Justice Sotomayor repeatedly refers to “noncitizens,” even though the statute refers to “aliens.” Justice Alito wasn’t pleased, and even went so...
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Why Did It Take So Long for Us to Get the Cool Ranch Doritos Locos Taco?
After the wild success of the Nacho Cheese Doritos Locos taco, one might wonder why Taco Bell didn’t immediately create a Cool Ranch Doritos taco. Instead, the company took its time. Taco Bell launched...
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I usually don’t care for Lawyerist, but this
I usually don’t care for Lawyerist, but this post hit it right on the nose: So, he added, it’s natural for a young idealistic lawyer to try to improve the situation [in a big law firm] (or fight the...
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