"Argument Misdemeanors -- Five Ways to ruin your oral argument":
L.J. Puleo has this blog post
today at "Litigator Rex."
"Federalism and Phantom Economic Rights in NFIB v. Sebelius":
Law professor Matthew J. Lindsay
has posted this article
online at SSRN (via "Legal Theory Blog
Under the "three strikes" provision of the Prison Litigation Reform Act, restricting a prisoner's ability to maintain suit in forma pauperis, may an earlier suit rejected at the summary judgment stage count as a strike?
A sharply divided en banc U.S. Court of Appeals for the Fourth Circuit
today ruled by a margin of 8-to-5
(with an additional judge concurring in the judgment solely on other grounds) that an earlier suit decided against the prisoner at the summary judgment stage can constitute a "dismissal" for purposes of the applicable "three strikes" provision.
"States' online 'Amazon tax' fight may land in U.S. Supreme Court: lawyers."
Reuters has this report
"Hobby Lobby asks Supreme Court to take up case":
The Associated Press has this report
And at "SCOTUSblog," Lyle Denniston has a post titled "Hobby Lobby supports review."
"Justices Agree to Clarify Mental Disability in Capital Cases":
Adam Liptak of The New York Times has this news update
And Warren Richey of The Christian Science Monitor has an article headlined "Death penalty: Supreme Court to hear case of mentally deficient Florida man; Florida says the man does not score below its 70-point IQ cutoff line for death penalty cases, but the Supreme Court has decided to consider whether his execution would be cruel and unusual."
Update: In other coverage, David G. Savage of The Los Angeles Times reports that "Supreme Court to grapple with mental disability and the death penalty."
And Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court will rule on role of mental disability in death row case."
"Jim Thorpe, Pa., fights to keep its namesake; His family wants to return the athlete's remains to the Oklahoma reservation where he grew up; But the town wants to keep Jim Thorpe in Jim Thorpe":
David Zucchino had this front page article
in last Friday's edition of The Los Angeles Times.
"On Reading Proust: Stephen Breyer, interviewed by Ioanna Kohler." This interview
(full text now freely available), translated from French into English, appears in the November 7, 2013 issue
of The New York Review of Books.
"Arab Bank Gets U.S. Supreme Court Query in Terrorism Case":
Greg Stohr of Bloomberg News has this report
And David Ingram and Lawrence Hurley of Reuters have a report headlined "U.S. high court asks Obama administration's view on bank secrecy."
"SCOTUSblog on camera: Donald B. Verrilli, Jr. -- Part one."
You can access the video, the first of five parts, via this link
"Right the First Time: Judge Richard Posner's mistaken change of heart on voter ID."
Hans A. von Spakovsky has this essay
at National Review Online.
"Justices to rule on 'mental retardation' in death case":
Richard Wolf of USA Today has this report
"Christie withdraws appeal of gay marriage ruling":
The Newark (N.J.) Star-Ledger has a news update
that begins, "Gov. Chris Christie announced today that he was dropping the fight against same-sex marriage in New Jersey by withdrawing his his appeal of a major case that was being heard by the state Supreme Court."
The Record of Hackensack, New Jersey has a news update headlined "Christie administration withdraws appeal of ruling allowing gay marriage in NJ."
The New York Times has a news update headlined "Christie Withdraws Appeal of Same-Sex Marriage Ruling in New Jersey."
The Philadelphia Inquirer has a news update headlined "Christie drops gay marriage appeal."
The Associated Press reports that "NJ Gov. Christie drops gay marriage appeal."
Bloomberg News reports that "Christie Withdraws Gay Marriage Appeal as Couples Wed."
And Reuters reports that "Gay marriage becomes legal in N.J. after Christie drops opposition."
"Law Scholarship's Lackluster Reviews":
Adam Liptak will have this new installment
of his "Sidebar" column in Tuesday's edition of The New York Times.
Access online today's Order List of the U.S. Supreme Court:
The Court has posted today's Order List at this link
. The Court granted review in two new cases and called for the views of the Solicitor General in one case.
In early news coverage, The Associated Press reports that "High court to look at death row inmate with low IQ."
And at "SCOTUSblog," Lyle Denniston has a post titled "Court grants two cases."
"Celebrating Justice Stephen Breyer at HLS":
Harvard Law School has posted online at YouTube the video
of this recent panel discussion
(scroll down for sidebar titled "Legal scholars discuss Breyer's 'Greatest Decisions'").
"Making Every Vote Count, for Real":
Kenneth Jost has this post
at his blog, "Jost On Justice."
"Texas Abortion Restrictions Tested at Trial in Austin":
Bloomberg News has this report
And The Associated Press has a report headlined "Next round in fight over abortion restrictions."
"The Courts and the Administrative State": D.C. Circuit
Judge Brett M. Kavanaugh
delivered this year's Sumner Canary Lecture
at the Case Western Reserve University School of Law
earlier this month. You can view the video of his remarks via YouTube by clicking here
"Professors Josh Blackman and Jack Balkin on the Constitutional Challenge to Obamacare":
Yale Law School has posted this video
"Castille is big name on Nov. 5 Pa. vote":
Today's edition of The Philadelphia Inquirer contains an article
that begins, "In an otherwise yawn-inducing off-year election, voters will have one important question to decide on Nov. 5: Should they keep the most powerful jurist in Pennsylvania on the bench?"