This is a day where death has dominated the headlines--Jack Kevorkian, the American economy, Marshall Matt Dillon. But I want to say a special word about the recently deceased Geronimo Pratt, the Black Panther who spent 27 years in prison for a murder he likely...
civil rights
More on Connick v. Thompson. I would excerpt, except that it might provide a disincentive to Read the Whole Thing. I'm glad that Lithwick highlights the remarkable Scalia concurrence, which.
I have an article up at the Prospect about the most recent Roberts Court excrescence, which adds some further context. I remain deeply unpersuaded by the majority's reasoning that 5.
Let's say you're a DA, and your office has an extensive record of disregarding constitutional requirements that relevant evidence be disclosed to defendants and their counsel. This leads to things like a man sitting on death row for 14 years because you don't turn over...
My new column for the Prospect looks the forthcoming oral arguments about the Wal-Mart gender discrimination class action and the importance of Supreme Court cases that don't involve judicial review..
School boards have gotten the green light from the Supreme Court to re-segregate, and so why not just abandon any pretense of caring and go back to the same "neighborhood.
Ah, the American judicial system. An employer engages in racial discrimination sufficiently egregious that an Alabama jury find it illegal. The 11th Circuit throws out the verdict. Its reasoning is so specious that a unanimous Supreme Court rejects it. Another jury finds the discrimination illegal. ...
I've been having a conversation with the very sharp Silvana Naguib. Particularly since my general position on this is on the record, and I think the analysis applies to anybody.
Both the long and short book-length versions of his argument are worth reading, but Michael Klarman's remarks about the Supreme Court's generally poor record when it comes to the rights.
Scalia's concurrence in Ricci elaborated an alleged conflict between equal protection and the disparate treatment of the Civil Rights Act. I won't call this a false conflict, exactly -- as with many legal and constitutional values, there is potential tension in marginal cases. But I...
I'll have more tomorrow, but like Publius I was amazed to come home and read Alito's remarkable-and-not-in-a-good-way concurrence focusing on the Scary Black Guy who allegedly caused New Haven to.
I will be in a car returning from a graduation party most of the day. So if, as expected, the Court hands down its decision in Ricci today and reverses.