Outrage drives media sales, after all, nearly as well as does fear and possibly better than does envy. … Fortunately, the law offers a reasonable response to that which is seemingly so outrageous.
It’s that time of year again.
The fight in the ring in Las Vegas last weekend was not nearly as tedious as the ones coming up in the courtroom are going to be.
If the three-drug cocktail used for capital punishment is found cruel and unusual, how ever shall we kill our prisoners?
This one is going to be a squeaker.
New Zealand’s Prime Minister apparently needs a lesson in manners.
Many are summoned. Few will serve.
A squib in the popular press. A recollected anecdote. A recent law review article. A reference to ska music from the late 1980’s. A daring proposal resting upon an untestable postulate. A recasting of intellectual incentives.
Hiram Johnson’s worst nightmare threatens to crawl out of a nasty little cave in Orange County, California.
The Celestial Emporium of Benevolent Knowledge gave us some of the strangest taxonomies to date; can you top it?
Wednesday, the Supreme Court will entertain the latest challenge to Obamacare. If you can make it all the way through this post, you’re going to understand what’s going on way better than your neighbors. Added bonus: a significant detour through the jurisprudence of piscene spoliation, which you’ve no doubt all been anxiously awaiting.
One of Burt Likko’s greatest hits, offered in celebration of #judicialreviewday.
In just over two weeks, some stuff is gonna get real at One First Street Northeast, yo.
When an atheist prisoner self-identifies as Jewish, it provides an insight into the engine driving what Burt Likko predicts will become the next wave of litigation by the incarcerated against their jailers.
A close look at the law and the allegations suggests that outrage about the Brandon Duncan prosecution may be based on incomplete information. Burt Likko dissects the charges and the law for your review, compares that to the advice of his colleagues, and then finishes his nightcap.
Turns out, a Muslim prisoner has a right to grow a beard even if the warden doesn’t want him to. Burt Likko digests today’s big SCOTUS case of Holt v. Hobbs to reveal something about what this means for those of us who aren’t Muslims in prison.
Don’t immediately assume that the result is a fait accompli.
Burt Likko was going to mercilessly lampoon a prestige law firm for three of its partners writing a deeply offensive and poorly-reasoned memo. But he got distracted by a shiny object along the way.
Dennis Sanders shares his thoughts on the recently released “Torture Report.”
A brief summary of the “executive summary” of the Senate’s report on the CIA detention and interrogation program.
James Hanley doubts the argument against subsidies for federal health care exchanges is bonkers.
A revealing remark from a prosecutor arguing before the Supreme Court today, complete with Burt Likko’s translation of an exchange in plain English.
Burt Likko tries his hand at fiction again. But this time, there are rules.
Same cast, brand new season! Burt Likko offers a look at some of the high points of the Supreme Court’s docket for the 2014-2015 Term.
Another bar discipline report leaves Burt Likko reeling in slackjawed amazement.
Burt Likko wonders whether, despite the unmitigated human rights awfulness that is the nascent would-be state forming in northern Iraq, swallowing our idealism and adopting a strategy of economic containment wouldn’t be a more practical alternative to making war against ISIS.
UPDATE: Reaction to President Obama’s address of September 10.
…Or, a look inside one of the things that Burt Likko actually does for a living.
Burt Likko was going to offer a mild criticism of The Notorious RBG. Then he thought again.
James Hanley finds unintended humor in an old Supreme Court ruling.
A judge recently found that California’s death penalty, as it is administered, is cruel and unusual punishment, serving no identifiable purpose. Digging in to the opinion, Burt Likko finds a perverse conflict: an effort to comply with one part of the Constitution leads to a violation of another.
Concluding the Supreme Court’s Term are Harris v. Quinn and the newly-renamed Burwell v. Hobby Lobby. Hint: both majority opinions are from Samuel Alito.
It’s the close of the term, and here’s a recap of the major cases from SCOTUS this year. Some surprising results. Some, not so much. Alsotoo: we’re waiting until Monday for the Hobby Lobby and Harris decisions.
If you were a bit disappointed by a rather boring Monday in the end of June day at SCOTUS, hold your horses.
An employment lawyer entertains a very radical idea. Except it may already be real!
Three questions, all of which have easy, obvious answers. So why are we talking about this?
You’ve gotta fight for your right to… a speedy trial.