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  • From the "I Didn't Get the Memo" Department


    Last year, when he was running for president, Rudy Giuliani explained his thinking about the courts. He complained that "civil litigation consumes 2.2 percent of America’s gross domestic product" and argued that "to reduce the impact of the trial lawyer Read More...
  • Black Widow Freed Because Oops, No Murder


    After we toast Danica, let's raise a glass (of milk, in case anyone's watching) to welcome Cynthia Sommer home from jail. As far as I can tell, Sommer spent 2½ years in lockup for getting breast implants and hanging out in bars. A San Diego jury heard Read More...
  • Dream a Little Dream With Me


    Somewhat lost in the presidential horse race this week, the Senate again takes up the question of retroactive immunity for the phone companies that helped the Bush administration in its illegal eavesdropping program. The rationale for granting telecom Read More...
  • Try It, You'll Like It . . .


    Via Think Progress, we learn that at a speech last night at the University of Colorado, former Attorney General John Ashcroft answered a question about his willingness to undergo waterboarding . He told his audience, “ the things that I can survive, if Read More...
  • Deterrence Unplugged


    Melinda, I think your instinct about the deterrent effect of the death penalty is about the same as mine. The Liptak article is incredibly interesting but makes the same point I learned in law school: Deterrence works if there is a reasonable chance the Read More...
  • Wronged Wife to the Rescue


    I am totally riveted by today's Washington Post story about the Baltimore cop convicted of killing his young mistress a dozen years ago—based on a discredited method of bullet-matching and the testimony of an "expert'' who faked his credentials, misrepresented Read More...
  • Ruin Your Week Without Even Trying ...


    Anyone else following the lawsuit filed by two women at Yale law school against AutoAdmit -- the law school discussion board that makes the men's room wall at your local bus station read like the collected works of John Donne? Via the Wall Street Journal' Read More...
  • Justice Girls


    A nice point, Emily, about the dangers of looking at Sandra Day O’Connor through pink-colored glasses. You’re right to say that there are heaps of women judges who don’t employ O’Connor’s Miz Fixit hospital-corners jurisprudential style. Ruth Bader Ginsburg Read More...
  • Judging as a Woman


    Dahlia , Emily —Do you really believe there is a female style of judging—pragmatic and non-ideological—and that O'Connor embodies it? Doesn't Ginsburg operate from a clear set of principals—do you constantly wonder where she'll come down before an opinion Read More...
  • O'Connor Is Much Among Us


    Another thought: If O'Connor's pragmatic, this-case-only approach to judging is particularly female, then maybe that helps explain why male commentators tended to excoriate her for it. I don't think this explains all the frustration with her jurisprudence Read More...
  • Whither O'Connor?


    I miss Sandra Day O’Connor. I always forget how much I miss her until I see her talk , as I did yesterday, at a conference at the Law Library of Congress on the need for competent counsel. The conference was co-sponsored by the Constitution Project. The Read More...
  • More Mukasey questions


    If Mukasey does say now that waterboarding is torture, should that be enough for the Democrats to wave him through? What about his testimony on the presidents power to act outside statutory boundaries with regard to interrogation and wiretapping? And Read More...
  • Darren Mack Trial and Fathers Rights


    I must confess to a more than passing obsession with the Darren Mack trial, which gets under way today in Las Vegas . Mack stands accused of fatally stabbing his estranged wife Charla with their 7-year-old daughter upstairs in the home, then shooting Read More...
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