Gotta say, I do not think most federal appellate judges agree with Judge Thapar that you should petition for mandamus if a district court takes more than 6 months to rule on a motion
https://t.co/vLD7Ati67R
Judge Bibas’s common sense opinion style (and plain English legal writing) make him one of my favorite judges to read. I wish more judges would include charts showing which claims are dismissed and which survive in complex cases.
https://t.co/7OapVDDuQc
@muaddibstyle In a world where we didn’t need to tie a bow around everything, you could imagine a war crimes prosecution followed by some sort of benevolent Hannibal Lecter-esque scenario providing assistance from prison etc.
@derpo377 Agree with this whole thread, but for some reason this change bothers me so much more than it should. Perhaps it’s just the dynamic you identify: everything getting clunkier and more expository. The original “Bring my shuttle” in that tone in that moment is a character beat!
@TheRochaSays I recognize, to be sure, that there are more legal considerations than mere defamation liability, including clearances for the music and any cooperation from the family/estate. Just a fun fact about defamation law.
@TheRochaSays That seems plausible—I confess my surprise this was such a hit. On the legal minefield point, though, the effort may backfire. There is no liability for defaming a dead person like MJ (except in RI for three months after death), but the doc is alive and may have his own remedies.
@CBHessick@AndrewCFollett Should have added, the “never” claim in the original post also neglects that Obama had an article of his published in HLR in his final weeks as POTUS https://t.co/nVitP1RKIA
@CBHessick@AndrewCFollett The claim is also wrong in that Obama in fact *did* publish in HLR as a staff editor (before he became President). It was a case comment rather than a note, but it’s there. https://t.co/ThB8376xAo
@Lons I don’t even understand what she’s trying* to convey on its own terms? Is it the anti-immigrant fervor? The willingness to riot against Black people to avoid the Union draft? Or is just flag = patriotism? Just a truly bizarre post from someone with a long history of inane ones.
@ASFleischman@adamsteinbaugh Given the paranoia in this administration, I wonder whether they’re just hoping to survive 12b6 to discover and punish suspected leakers? I don’t know whether there’s a federal common-law reporter’s privilege that could stop that but I don’t know why else he’d sue?
@muaddibstyle I’m stoked for Denis’s vision in large part because the book was my least favorite when I read it as a kid so I typically skipped it on my re-reads. Looking back at it through the political thriller lens he suggests has been fantastic
@muaddibstyle I’d love that. And perhaps a chance to re-team him with a collaborator and get Dev Patel into one of these. I’d imagined him as Duncan when the first film was announced, then as a potential Fenring. Though I admit I don’t even know how I’d get him into GE—maybe Moneo?
Quite right. In the legal academy—and persisting long after emphasizing “original meaning” of constitutional text eclipsed explicit appeals to intention or understanding—collecting partial, context-free quotations from the Framers passed for originalist scholarship for decades.
Easy to quote-mine the founders for concerns like this, much more difficult is to find them saying anything like: "therefore, we should ban immigration."
- Indeed, Sedgwick concluded only by recommending "some kind of probation" or waiting period to naturalize.
- Madison's quote did not recommend excluding anyone. He merely said that our government would not give "any encouragement to emigrants."
- Jefferson's quote likewise concludes: "If [immigrants] come of themselves, they are intitled to all the rights of citizenship: but I doubt the expediency of inviting them by extraordinary encouragements."
Easy to quote-mine the founders for concerns like this, much more difficult is to find them saying anything like: "therefore, we should ban immigration."
- Indeed, Sedgwick concluded only by recommending "some kind of probation" or waiting period to naturalize.
- Madison's quote did not recommend excluding anyone. He merely said that our government would not give "any encouragement to emigrants."
- Jefferson's quote likewise concludes: "If [immigrants] come of themselves, they are intitled to all the rights of citizenship: but I doubt the expediency of inviting them by extraordinary encouragements."
This could be good or could be bad depending on how the office develops. I don't know Ashley Robertson (she may be an excellent attorney), but it would've been nice if the director were someone w/more of a defender background. Prosecutors & defenders see things differently. /1
SCOOP: Judiciary OKs new Supreme Court defender office to help represent indigent defendants at #SCOTUS.
Its full-time director will serve as counterweight to the U.S. solicitor general in federal criminal cases. The first will be former Kagan clerk and SG atty Ashley Robertson.
I love this chart of how some of the Founders actually got along with Washington as president (they didn't). A reminder that these great figures were not cardboard cutouts, but jostling, sharp-tongued pols.
From Alexis Coe's fun Washington bio, "You Never Forget Your First."