Monthly Archives: January 2011

Camreta v. Greene Respondent’s Brief

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The Respondent's Brief in Camreta v. Greene, No. 09-1454 and Alford v. Greene, No. 09-1478, was filed this week. The case involves whether the Fourth Amendment prohibits the temporary seizure and interview of a child at a public school when allegations of abuse are present.

Rahm Emanuel and the combination of statutory and constitutional arguments

The litigation over Rahm Emanuel’s eligibility to be on the ballot for Mayor of Chicago illustrates a type of argument that can often be very effective. The statute at issue can plausibly be construed in Emanuel’s favor – but, as the decision of the appellate court indicates, this construction is not inevitable. Emanuel has plausible [...]

Keeping The House In Constitutional Order?

At the initiative of House Republicans, the House recently changed its rules to allow the reading of the whole Constitution on the floor on the House’s opening day and to require each bill introduced in the House to be accompanied by a statement in the Congressional Record “citing as specifically as practicable the power or [...]

Another Great Read from Dahlia Lithwick

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Dahlia Lithwick from Slate posted another great piece yesterday on whether Republican-appointed Justices should or should not attend the State of the Union address. To read the piece click here.

A Plea for a New Crack Law; A Prisoner Sues the Kardashian Sisters; An Economy of Tinned Mackerel; and Death Row Honey Buns

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Earlier in the week, Julie Stewart, from the Families Against Mandatory Minimums, urged members of Congress and the President to pass a new law making the changes to crack cocaine sentencing retroactively applicable to federal prisoners. Courtesy of the Huffington Post, Ms. Stewart pleaded for new legislation, stating that:

Fordham Law Review Symposium on January 25th

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The “Solo Practitioner”: Pro Se Litigants and Their Obstacles to Justice A panel discussion hosted by the Fordham Law Review On January 25th, I will be speaking about pro se litigation at the Fordham Law Review Symposium. My esteemed co-panelists will include: Judge James C. Francis, a federal Magistrate for the Southern District of New [...]

Borough of Duryea v. Guarnieri Merits Briefs

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On Tuesday, we filed the Respondent's Brief in Borough of Duryea, Pennsylvania, et al v. Guarnieri, No. 09-1476. Since SCOTUS Blog does not appear to have the Petitioner's Brief on their site, I thought we would place this one on the blogosphere as well.

A Provacative Example of Parenting from Yale Law Professor Amy Chua

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This week has seen a media storm over Yale law professor Amy Chua's new book, entitled "Battle Hymn of the Tiger Mother." Chua started the debate herself with her Wall Street Journal essay relating her experiences raising two daughters the "traditional" Chinese way. Chua later responded to reader's questions in the WSJ and during her appearance on The Today Show. By week's end coverage of her book made its way to Slate, Above the Law, the Boston Globe, Time magazine, NPR, the the Huffington Post. I found the furor over Professor Chua's book to be misguided. If anything, her book provoked, besides hostility, a debate over the proper role of parents in guiding their children. And in a country of parentless children, I find it disheartening that some would say she is not fit to raise children. She, at the very least, played an active role in children's formative years, which is more than most can claim.

A Rat Bites an Inmate’s Penis and other Prisoner News for the Week

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This is the first of many posts covering a legal issue that is very important to me, to 2 million of its members, and to many more millions of the members’ families: prisoner news. A former inmate at the Nassau County Correctional Center in Long Island, New York, filed a law suit alleging that the [...]
Posted in Criminal Law |( 1 Comment)

New Merits Briefs

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We filed three Petitioner’s briefs this week in the following cases: McComish v. Bennett, No. 10-239 Arizona Free Enterprise v. Bennett, No. 10-238 Fowler v. United States, No. 10-5443