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25 Jul 2016, 8:36 am
"Also in today's DJ, Ben Feuer's Appellate Zealot's column presents Is Dicta Binding [read post]
13 May 2022, 5:01 am
[The Court makes other people follow the text and history, but at least when it comes to certiorari, the justices lose their religion.] First of all, thanks to Eugene for letting me guest post this week. If you'd like to learn more about The Origins of Supreme Court Question Selection, please check out the full essay. The story I've told this week suggests the Court's practice of preselecting questions for review presumes a power that neither Congress nor the common law provided.… [read post]
1 Sep 2016, 7:25 am
Scuse recognize the excellent work of two particular alumni that he has worked directly with - Ben [read post]
7 Jul 2025, 4:00 am
(Supreme Court Review (forthcoming 2025).From SSRN (Non-profit organizations):David Gilchrist & Ben [read post]
10 May 2022, 5:01 am
[No matter how the case got there, the Court had to decide the whole thing.] As I suggested yesterday, there appears to be a disconnect between the statute that gives the Court certiorari power and the Court's rules and practice. The former says the Court can take "cases" through certiorari and "questions" when certified by a circuit court. In practice, however, the Court only answers preselected questions. One might think that the power to preselect questions just comes… [read post]
9 May 2022, 5:01 am
[The Court doesn't decide cases; it only answers discrete questions, but it hasn't always been that way.] Thanks to Eugene for letting me guest post this week on my recent essay The Origins of Supreme Court Question Selection, which is just out in the Columbia Law Review. It took me a long time to realize the Supreme Court doesn't really decide cases: it answers questions. It's not like the Court hides this. Look at its rules. Here's the relevant part from rule 14.1(a):… [read post]
12 Jul 2019, 7:19 am
Also, Ben Simon from the County Attorney’s Office who handles legal matters for corrections [read post]
23 Jan 2011, 7:53 am
I wonder if some of us have forgotten.Schieffer gave a livelier response to Ben Stein's suggestion [read post]
9 Jan 2014, 9:11 pm
Here’s mad, via The Gainesville Sun: Officials said Tara Johnson, 41, of 419 Squire Drive, and [read post]
21 Dec 2014, 7:00 am
certain of the defendants for seizing and destroying his medicine bag and other religious items.In Johnson [read post]
12 May 2022, 5:01 am
[Olmstead isn't just a wiretapping case; it's where the Court took the power to preselect questions.] So far, I've tried to establish that, as an historical matter, it was universally understood that the Supreme Court's appellate jurisdiction flowed through the writ of error or appeal. Certiorari, whether common law or statutory, didn't change that, since certiorari simply brought the case to the Court as if on error or appeal. Either way, the Court had to issue a decision… [read post]
11 May 2022, 5:01 am
[Congress gave the Court power to pick cases, but it never gave the power to pick questions.] This is the third post walking through some of the arguments in my larger essay on the Origins of Supreme Court Question Selection. So far, I've suggested that the Court's practice of preselecting only some questions for review is in tension with the statutory text that requires the Court to decide cases through certiorari. I've also argued that—at least as an original… [read post]
7 Apr 2021, 5:54 am
Johnson and Ben Fackler, Arnold & Porter LLP, on Wednesday, April 7, 2021 Editor's Note: Teresa [read post]
16 Mar 2008, 2:16 am
Ben Stein delivered a short opinion piece on Eliot Spitzer on ABC's This Week with George on 16 [read post]
9 Oct 2012, 8:53 am
affiliates are the following: Affiliate Scholars Marvin Ammori Peter Asaro Ryan Calo Danielle Citron Ben [read post]
10 Sep 2009, 5:23 am
Ugly and Tasty, With a Catch about the use of hoki in various fish sandwiches, one has the text:Now, Ben [read post]
17 Jun 2019, 4:00 am
;Honor Killings': The Construction of a Problem, 34 Constitutional Commentary 133 (2019).Darin Johnson [read post]
12 Sep 2011, 1:29 pm
Speakers: Don Davio, Pablo Drobny, Melissa Johnson, Jennifer King, Nathan Scott & John Kennedy [read post]
14 Apr 2013, 6:05 am
In 2011, Ron Johnson rebranded JCP. Interview of Johnson with Anna Werner on Sunday Morning. [read post]
7 Sep 2006, 6:52 pm
The Case for Treating Ex-Offenders as a Suspect Class by Ben Geiger Swilling Hemlock: The Legal Ethics [read post]
