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Tuesday, December 6, 2016

Wells Fargo Turns to Arbitration Clauses to Neutralize False Account Lawsuits

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The New York Times reports that Wells Fargo has been using arbitration clauses in its contracts with customers to defeat claims that the ba...

Fish, the Fourth Amendment, and the Scope of Consent

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It's always a pleasant surprise to see legal disputes that involve fish for nonsensical reasons, particularly fish-related disputes tha...
Tuesday, November 29, 2016

Will Second Amendment Law Change Under Trump's Supreme Court?

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One of President-Elect Donald Trump's priorities when appointing a Supreme Court Justice to replace Justice Scalia is to select a justic...
Monday, November 28, 2016

A 32-Line Justice Breyer 'Question'

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Behold!     From oral argument today in Beckles v. United States . H/T Josh Blackman , who helpfully notes here that Justice Breyer...
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Revisiting Chemerinsky's "Return of the Jedi" Analogy

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A little over a year ago, I wrote a post criticizing Erwin Chemerinsky's characterization of the Roberts Court's liberal October 2...
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Tuesday, November 22, 2016

Is Korematsu a Precedent?

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Noah Feldman argues it is not in this editorial at the New York Times. Feldman writes: The most straightforward way to reject Korematsu ...
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Friday, November 18, 2016

Justice Willet: A Confirmation Hearing Outline

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Via Howard Bashman's How Appealing , I learned of this excellent profile of Texas Supreme Court Justice Don Willett by Eric Benson. Si...