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By Dave Hoffman

Guest Post: Jonathan Lipson on the Mess in Detroit

Sorry to interrupt the symposium, but this is in the way of a breaking law-news update.  I asked Jonathan Lipson (Temple), a former guest blogger here and all-around bankruptcy superstar, to offer our readers some thoughts on the recent decision out of the Detroit bankruptcy.  Here are his views: Detroit: Kicking the Federalism Question Down the Rhodes [...]

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What Would Happen if USNews Didn’t Weigh Money?

Recently the ABA announced that it will no longer collect expenditures data from law schools: Leiter and Merritt offer thoughts on how that decision will influence the USWR rankings.  Both posts are interesting, though somewhat impressionistic.  Leiter thinks that state schools will benefit and Yale will lose it’s #1 spot; Merritt believes that USWR should reconfigure its formulae. [...]

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The Humble Justice Scalia

Justice Scalia isn’t often justly lauded for his humility.  Today’s opinion in Molecular Pathology v. Myriad (the gene patenting case) provides an opportunity. His concurrence reads, in its entirety:

“I join the judgment of the Court, and all of its opinion except Part I–A and some portions of the rest of the opinion going into fine details of molecular biology. I am un-able to affirm those details on my own knowledge or even my own belief. It suffices for me to affirm, having studied the opinions below and the expert briefs presented here, that the portion of DNA isolated from its natural state sought to be patented is identical to that portion of the DNA in its natural state; and that complementary DNA (cDNA) is [...]

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Sherlock and the Law

Like many, I’ve been watching the BBC’s Sherlock, a modern re-telling of Arthur Conan Doyle’s detective series. I’m only mostly finished the first series, but thus far it has been striking how little role law (and its constraints) play in the narrative.  Basically, although Sherlock is a “consulting detective” (and under US rules, certainly an agent of the State), he routinely behaves in unlawful ways.  He often breaks into dwellings (and cellphones, and cars) to get information; he is resistant to writing up his methods (and consequently, a defense attorney would not be able to effectively examine them); he browbeats suspects and witnesses; etc.  In the States, quite obviously, all of the confessions produced by his methods would be thrown out as poisoned fruit.

There’s nothing [...]

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Introducing Guest Blogger Stephen Galoob

I’m pleased to introduce Stephen Galoob as a guest for the month of June.

Stephen is (as of June 1) an assistant professor at the University of Tulsa College of Law. He is a graduate of UVA law school and is finishing his Ph.D. at U.C. Berkeley’s Jurisprudence and Social Policy program.

Stephen’s scholarly work examines fundamental questions in criminal law, torts, contracts, and professional responsibility. (Although let’s be honest- does anyone ever claim that his work examines peripheral questions?)

Stephen’s dissertation, A Liberal Theory of Reparation, examines the significance of wrongs and injustices, as well as proposing an account of the justification for reparation based on the contractualist liberalism of John Rawls and T.M. Scanlon.

Stephen also writes in the field of legal ethics. His work in this area [...]

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