When an atheist prisoner self-identifies as Jewish, it provides an insight into the engine driving what Burt Likko predicts will become the next wave of litigation by the incarcerated against their jailers.
A close look at the law and the allegations suggests that outrage about the Brandon Duncan prosecution may be based on incomplete information. Burt Likko dissects the charges and the law for your review, compares that to the advice of his colleagues, and then finishes his nightcap.
Turns out, a Muslim prisoner has a right to grow a beard even if the warden doesn’t want him to. Burt Likko digests today’s big SCOTUS case of Holt v. Hobbs to reveal something about what this means for those of us who aren’t Muslims in prison.
Don’t immediately assume that the result is a fait accompli.
Burt Likko was going to mercilessly lampoon a prestige law firm for three of its partners writing a deeply offensive and poorly-reasoned memo. But he got distracted by a shiny object along the way.
Dennis Sanders shares his thoughts on the recently released “Torture Report.”
A brief summary of the “executive summary” of the Senate’s report on the CIA detention and interrogation program.
James Hanley doubts the argument against subsidies for federal health care exchanges is bonkers.
A revealing remark from a prosecutor arguing before the Supreme Court today, complete with Burt Likko’s translation of an exchange in plain English.
Burt Likko tries his hand at fiction again. But this time, there are rules.
Same cast, brand new season! Burt Likko offers a look at some of the high points of the Supreme Court’s docket for the 2014-2015 Term.
Another bar discipline report leaves Burt Likko reeling in slackjawed amazement.
Burt Likko wonders whether, despite the unmitigated human rights awfulness that is the nascent would-be state forming in northern Iraq, swallowing our idealism and adopting a strategy of economic containment wouldn’t be a more practical alternative to making war against ISIS.
UPDATE: Reaction to President Obama’s address of September 10.
…Or, a look inside one of the things that Burt Likko actually does for a living.
Burt Likko was going to offer a mild criticism of The Notorious RBG. Then he thought again.
James Hanley finds unintended humor in an old Supreme Court ruling.
A judge recently found that California’s death penalty, as it is administered, is cruel and unusual punishment, serving no identifiable purpose. Digging in to the opinion, Burt Likko finds a perverse conflict: an effort to comply with one part of the Constitution leads to a violation of another.
Concluding the Supreme Court’s Term are Harris v. Quinn and the newly-renamed Burwell v. Hobby Lobby. Hint: both majority opinions are from Samuel Alito.
It’s the close of the term, and here’s a recap of the major cases from SCOTUS this year. Some surprising results. Some, not so much. Alsotoo: we’re waiting until Monday for the Hobby Lobby and Harris decisions.
If you were a bit disappointed by a rather boring Monday in the end of June day at SCOTUS, hold your horses.
An employment lawyer entertains a very radical idea. Except it may already be real!
Three questions, all of which have easy, obvious answers. So why are we talking about this?
You’ve gotta fight for your right to… a speedy trial.
This summer, SCOTUS is expected to take yet another step in declaring that false statements are protected by the first amendment — provided they’re uttered for political reasons.
Nearly every social conservative who called for the impeachment of Justice Anthony Kennedy after his opinion in Lawrence v. Texas owes the man an apology. Burt Likko explains why in a longish analysis of Monday’s decision in Town of Greece v. Galloway.
Just the facts, Ma’am.
Burt Likko thinks that Citizens United and McCutcheon were correctly decided. But how can he square that conclusion with his recent Ordinary Court opinion?
The Ordinary Court’s majority moves on to the final issue left in the case, and issues its ruling.
Tim Kowal agrees the Greens have individual standing, but suggests the corporation is the appropriate party to assert their claims.
In Part III of the Ordinary Court’s treatment of the Hobby Lobby case, the Ordinary Justices’ voting pattern shifts, with dramatic results.
Part II of the opinion, dealing substantively with whether Hobby Lobby can state a claim for relief under the Religious Freedom Restoration Act.
The first part of the Ordinary Court’s treatment of one of this year’s most-publicized legal cases. To begin, we must understand the factual and legal landscape.
Introducing a new project by some of the lawyers and scholars writing for Ordinary Times: The Ordinary Court.
Of all the people to deny a press pass to, him?
Since Justice Kennedy openly invited challenges to state bans on same-sex marriage in last year’s Windsor case, there has been a string of federal district court rulings, unanimously in favor of SSM. Today the first appellate court hearing to review one of these cases will be heard in the 10th Circuit, reviewing the Utah District…
Sometimes the law is a cruel mistress.