“Harvard Law Review picks antiquities theft sleuth as new president”: Nate Raymond of Reuters has a report that begins, “The Harvard Law Review for the first time in its 136-year history will be headed by an Indian-American woman after the prestigious law journal named a student dedicated to investigating art and antiquities theft as its new president.”
“J&J Bankruptcy Ruling Undercuts Central Move in ‘Texas Two-Step'”: James Nani and Alex Wolf of Bloomberg Law have a report that begins, “The Third Circuit’s decision to create a new ‘financial distress’ standard for bankruptcy eligibility creates legal uncertainty for profitable companies eyeing bankruptcy to head off mass tort liability.”
“Ron DeSantis wants to make it much easier for the government to kill people; The longtime opponent of free speech adds the Sixth and Eighth Amendments to the list of constitutional rights he wants to abridge”: Ian Millhiser has this essay online at Vox.
“Johnson & Johnson’s Scheme to Avoid Cancer Lawsuits Just Fell Apart in Court; A cynical Big Law shell game got torched at the 3rd Circuit”: Max Kennerly has this jurisprudence essay online at Slate.
“U.S. Justice Dept jumps into pro baseball antitrust fray on appeal”: Mike Scarcella of Reuters has this report.
“At the Supreme Court, Ethics Questions Over a Spouse’s Business Ties; The chief justice’s wife, Jane Sullivan Roberts, has made millions in her career recruiting lawyers to prominent law firms, some of which have business before the court; Now, a letter sent to Congress claims that may present a conflict of interest”: Steve Eder of The New York Times has this report.
“Fayetteville history prof: Supreme Court should give history a rest.” Professor Patrick W. O’Neil has this essay online at The Fayetteville Observer.
“Breaking down a Supreme Court case Google claims could ‘upend’ the internet”: John Fritze of USA Today has this report, along with a report headlined “As Supreme Court takes up Google case, only Clarence Thomas has made his thoughts clear.”
“The Supreme Court’s student loans case is about more than student loans”: Ariane de Vogue of CNN has this report.
“Ethics panel recommends Georgia appeals judge be removed”: Jeff Amy pf The Associated Press has a report that begins, “Georgia’s Supreme Court should permanently remove a state appeals court judge accused of ethical misconduct, a judicial discipline panel recommended in a report released Monday.”
You can access the Hearing Panel’s Report and Recommendation at this link.
“Carney agrees restriction on judgeships is unconstitutional”: Randall Chase of The Associated Press has a report that begins, “Democratic Gov. John Carney has acknowledged that a provision splitting positions on Delaware’s highest courts between Republicans and Democrats is unconstitutional. Under a proposed consent agreement filed in federal court Monday, Carney agreed that a ‘major-party’ provision in Delaware’s constitution regarding appointments to the state’s three highest courts is unconstitutional.”
“A conservative judge helped stop Trump on Jan. 6. He wants to finish the job. Michael Luttig, one of the most celebrated legal minds of his generation, never ascended to the Supreme Court. But many think the retired jurist played a far more consequential role for the nation. Now he envisions ‘the beginning of the end of Donald Trump.'” Manuel Roig-Franzia of The Washington Post has this report.
“Biden has bolstered 9th Circuit’s liberal flank, but has yet to match Trump’s impact”: Kevin Rector of The Los Angeles Times has this report.
“Pushed by landmark Supreme Court ruling, San Francisco approves rare concealed-carry gun permit”: St. John Barned-Smith of The San Francisco Chronicle has this report.
“The Latest Crusade to Place Religion Over the Rest of Civil Society”: Linda Greenhouse has this guest essay online at The New York Times.
“U.S. court rejects J&J bankruptcy strategy for thousands of talc lawsuits”: Tom Hals, Mike Spector, and Dan Levine of Reuters have this report.
“The Puzzle of 303 Creative“: Hadley Arkes has this essay online at First Things.
“‘Independent’ Auditor of Supreme Court Leak Investigation Was Paid a Ton Of Money By Supreme Court; New reporting about Michael Chertoff’s extensive ties to the Court and the justices raises questions about his ability to objectively review the inquiry”: Yvette Borja has this post at Balls and Strikes.
“Big Law’s cancel culture: Ideological uniformity in Big Law, whether on the right or the left, is not a good thing — not for lawyers, law firms, and the rule of law.” David Lat has this essay online at The Boston Globe.
“Based on Biden’s two years of judicial appointments, Trump’s four-year record seems secure”: Russell Wheeler has this post at the “FixGov” blog of the Brookings Institution.
“Third Circuit Wants You to Be Home in Time for Supper With Your Wife and Kids”: The new installment of my monthly “Upon Further Review” column will appear in tomorrow’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.
It begins, “Beware of appellate courts seeking to improve lawyers’ work-life balance.”
“Are Blue States Ready To Relax Their Bans On Later Abortions?” Amelia Thomson-DeVeaux has this post at FiveThirtyEight.
“J&J Can’t Use Bankruptcy to Resolve Talc-Injury Lawsuits, Appeals Court Rules; Court rejects a strategy J&J employed to move to bankruptcy lawsuits alleging talc baby powder caused cancer”: Jonathan Randles of The Wall Street Journal has this report on a decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
“When Americans Lost Faith in the News: Half a century ago, most of the public said they trusted the news media; Today, most say they don’t; What happened to the power of the press?” Louis Menand has this A Critic at Large essay in the February 6, 2023 issue of The New Yorker.
“Judicial Notice (01.28.23): Going Viral; A Columbia Law prof drops the F-bomb, a judicial nominee has a very bad day, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.
“12. The Black-Jackson Feud: Interpersonal conflicts among the Justices are as old as the Supreme Court itself; But the very public fracas between Hugo Black and Robert Jackson was on a level all its own.” Steve Vladeck has this post at his “One First” Substack site.
“Absolutely No One Is Happy With the Dobbs Leak Investigation; Jodi Kantor on the tipping scales of secrecy and privacy at the High Court”: You can access via this link the newest episode of Slate’s “Amicus” podcast, hosted by Dahlia Lithwick.
“Lady Justice: Women, the Law, and the Battle to Save America.” Dahlia Lithwick is the guest on today’s new episode of the “Strict Scrutiny” podcast.
“A Volatile Tool Emerges in the Abortion Battle: State Constitutions; Many of the legal arguments seeking to overturn abortion bans rely on rights provided by the states, and how they are interpreted by state supreme courts.” Kate Zernike has this front page article in today’s edition of The New York Times.
“Trump’s lasting legacy on the judiciary is not just at the Supreme Court”: Ann E. Marimow of The Washington Post has this report.
“North Dakota Supreme Court not about personal beliefs, new justice says”: Travis Svihovec of The Bismarck Tribune has this report.
“‘Kid glove’ treatment of Supreme Court won’t find abortion leaker or stop ethics abuses; Presidents and Supreme Court justices essentially police themselves; That’s a recipe for disappointment and abuses”: Columnist Jill Lawrence has this essay online at USA Today.
“Wisconsin’s Supreme Court election could be the most expensive in history. Here’s what’s at stake in the closely watched race.” Molly Beck of The Milwaukee Journal Sentinel has this report.
“Kavanaugh praises new Supreme Court Justice Jackson: ‘Thoroughly prepared’; Kavanaugh says the nine Supreme Court justices enjoy ‘great relations’ despite disagreements.” Chris Pandolfo of Fox News has this report.
“Supreme Court Notebook: Warren is 5th justice with Navy ship.” Mark Sherman of The Associated Press has this report.