Monthly Archives: March 2012

“Flagrant Conduct” and the Perfect Prosecution Part 2

By David Yin In last week’s post, I wrote about how “perfect plaintiffs” can be outcome-determinative to the resolution of a case, or the crafting of a rule. Today we return to Dale Carpenter’s book Flagrant Conduct on Lawrence v. Texas,and the importance of a “perfect prosecution.” In some cases where plaintiffs seek to challenge unjust laws, the challenge might…

An Emphasis on Process Over Substance: Another Reason to Abolish the Death Penalty

By Mark Wilson What has Justice John Paul Stevens been up to in retirement? An interview on The Colbert Report, for one. And finding time to write reviews for The New York Review of Books, for another. Last year, the recently-retired Justice penned a review of Professor William Stuntz’s book, The Collapse of American Criminal Justice. Earlier this month, Justice Stevens returned…

Anything Zoning can do, Covenants can do too

By Yevgeny Shrago Slate economics blogger Matthew Yglesias recently released a new eBook single, titled The Rent is Too Damn High.  Yglesias’s book blames high rents on inefficient land use, caused largely by various governmental anti-density restrictions.  I’m highly sympathetic to Yglesias’s position.  Ideally, desirable land would be used as densely as the market would bear, lowering rents…

Court Sides with SEC and Citigroup over Settlement

By Billy Corriher The Second Circuit Court of Appeals has resurrected a deal between the Securities and Exchange Commission (SEC) and Citigroup to settle fraud charges based on the bank’s sale of certain mortgage-backed securities.  District Court Judge Jed Rakoff rejected the settlement deal last fall, ruling that it was contrary to the public interest.  The Second Circuit stayed…

The WSJ’s Anonymous Defense of Anonymous Corporate Political Spending

By Anthony Kammer The Wall Street Journal ran a rather disingenuous and misleading opinion piece on Sunday evening titledThe Corporate Disclosure Assault, arguing that “[u]nions and liberal activists are using proxy rules to attack business political speech.”  The piece—exactly like the undisclosed corporate money it’s pandering to—doesn’t even have an author listed.  And its main…

Tennessee “Don’t Say Gay” Bill Stalled in Legislature

By Sushila Rao Sponsors of a Bill seeking to ban the teaching of gay issues to elementary and middle school students have delayed the measure in the Tennessee House of Representatives, ostensibly to allow consideration of a more comprehensive bill that would place restrictions on “family life education” curricula. The amended version of the controversial “Don’t…

Department of Justice Rejects Texas Voter ID Law

By Billy Corriher When Texans vote in the upcoming presidential primary, the federal government wants to ensure they won’t be turned away from the polls for lacking the proper identification.  The U.S. Department of Justice (DOJ) on Monday issued a letter rejecting the state’s new voter ID law.  DOJ argued the law would disenfranchise hundreds…

“Flagrant Conduct” and the Perfect Prosecution, Part 1

By David Yin My colleague Peter Dunne previously blogged about University of Minnesota Law professor Dale Carpenter‘s new book, Flagrant Conduct, on the Lawrence v. Texas (2003) decision. (Full disclosure: I attend UMN myself, and in fact took Constitutional Law last semester with Prof. Carpenter). While both Peter and Prof. Mike Dorf agree that the particular facts of a case perhaps ought to matter less to the…

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