Monthly Archives: September 2011

New Merits Briefs Filed by Cockle Printing

We filed three merits briefs this week: Petitioners’ Brief on the Merits in Sackett v. EPA, No. 10-1062, filed on September 23, 2011 Respondent’s Brief in Smith v. Cain, No. 10-8145, filed on September 26, 2011 Brief for the Respondent in FAA v. Cooper, No. 10-1024, filed on September 27, 2011

The Summer of 2012

With the news that the Solicitor General has joined with Affordable Care Act opponents to request a US Supreme Court ruling on the individual mandate, Randy Barnett over at The Volokh Conspiracy is predicting a decision in mid-June of next year. It got me thinking about my schedule for that summer… March 12th, a solemn [...]

The New York Times Covers the Criminal Justice System

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The New York Times has been criminal justice heavy in the last week. The articles are so good that I wanted to share them here all in one place. First, there was a great piece on how tough sentences have given prosecutors unbridled discretion. In this federal system this is especially true because prosecutors possess [...]

The First Day

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This fall the brunt of my blog posts will change from covering the Supreme Court to covering law school. And many of my posts will be anecdotal, about my experiences in the first year of law school. I also plan to have some of my fellow classmates write posts for the blogs. The goal is [...]

New Merits Briefs Filed by Cockle Printing

We filed two merits briefs this week: Brief for Respondent in Perry v. New Hampshire, No. 10-8974, filed on September 16, 2011 Brief for the Petitioner in Coleman v. Maryland Court of Appeals, No. 10-1016, filed on September 20, 2011

A Different Orientation: The Best Law School Resources of Recent Memory

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I just finished up two weeks of law school orientation, during which I met quite a few of my classmates, many of whom asked me questions relating to law school. So I thought I’d provide a different kind of orientation—a “best of” listing of articles that helped me to understand law school and the profession. [...]

The Other Big Healthcare Case

The other big healthcare case this term is actually three cases. In Douglas v. Independent Living Center of Southern California, Douglas v. California Pharmacists Association, and Douglas v. Santa Rosa Memorial Hospital, the State of California has asked the Court to review 9th Circuit rulings that struck down the state’s effort to reduce Medicaid reimbursement [...]

Privatization, regulation, and freedom of choice—or, Orin Kerr doesn’t get it. Again.

GW law professor Orin Kerr argues in a new post on the Volokh Conspiracy that the Individual Mandate is in a sense more “libertarian” than a single-payer, socialized medicine scheme—and suggests that there’s something disingenuous in calling the Individual Mandate “unprecedented” when the reason it’s a newfangled idea is because it’s something of a step [...]
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Matters of Practice: Dealing with Potential Vehicle Problems

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Supreme Court practice has a language unto itself. One of the terms you will occasionally hear at the certiorari stage is that a petition has “vehicle problems.” Well, what does that mean? And what the heck is a vehicle? The Court doesn’t like to waste time. So when they consider granting a petition to decide [...]

Will tonight’s Tea Party GOP Debate discuss costly government programs like the drug war and mass incarceration?

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Professor Douglas Berman at Sentencing Law and Policy has a great post about the GOP Presidential debate. Professor Berman would like to ask three highly relevant questions to candidates who support limited government and free markets. Those questions are: Do you support the bill introduced by Ron Paul and Barney Frank to get the federal government [...]