It’s remarkable how much nonsense (or worse) can be crammed into 280 characters. #NationalDoughnutDay, indeed. And I even like donuts! Bah humbug. To all of it, I say #GetOffMyLawn. That said, I enjoy learning about new things. And a good way to do that is Twitter. Granted, the nonsense-to-sense ratio could be better. But there […]
Nope!* * It’s been a good run. If you’re interested, here is the complete list of posts: August 2015: Obamacare Round 3? King Solomon and the APA “It was the best of times ….” Can You Keep a Secret? September 2015: The Second Most Important Court? The Future of […]
Welcome to another installment of Fifth Circuit Review – Reviewed. Earlier this month, the Fifth Circuit shocked the world. My former (and totally amazing) boss, Evan A. Young, summed up the historic moment: In need of guidance, #AppellateTwitter looked to their fearless leader, Raffi “@RMFifthCircuit” Melkonian, who soon delivered the official confirmation: Not everyone was […]
Another quick post — about to hop onto a plane. I’m a fan of the history of the D.C. Circuit — and for that reason, this has been a fun week. Yesterday, I moderated a panel that included Judge Sentelle. As regular readers know, Sentelle has lived an extraordinary life. It was fun to chat […]
As regular readers of the blog know, I’m very interested in how Chevron deference plays out on the ground in the federal courts of appeals. Kent Barnett and I spent several years coding eleven years (2003-2013) of all published circuit-court opinions that mention Chevron or Skidmore deference. As for study design, we modeled out approach, […]
[8/7/2018 Update: In an order issued today by a Ninth Circuit three-judge panel where Judge Graber has replaced Judge Reinhardt, the newly constituted panel states that “[t]he Opinions filed July 24, 2018, are hereby withdrawn to allow time for the reconstituted panel to confer on this appeal.”] Today the Ninth Circuit issued a 2-1 decision in a […]
It’s summer again — at least in the D.C. Circuit. As explained last week, June, July, and August are busy months in the nation’s “second most important court.” We have seven opinions — and one important order.* This creates a dilemma for, well, me. I could discuss all of the cases in great detail. But […]
Apologies. This post is another quick one — sono occupato. A few months back my duteous research assistants* put together a list of D.C. Circuit law clerks who became law professors. Since then, they have kept at it. Although it also is no doubt incomplete, here is an updated list: It’s a noteworthy list, especially […]
I was on Twitter yesterday* and ran across a familiar clarification in a tweet about the District of Columbia Court of Appeals: Note that this is D.C.’s equivalent of a state supreme court– it’s *not* the federal D.C. circuit. — Orin Kerr (@OrinKerr) September 21, 2017 Which was followed by this tweet: D.C. Cir.’s recorded […]