Concurring Opinions

  • Contested Ideas About Consent

    One of the hardest things about studying popular constitutionalism is that theories of power, community, and tactics can be all jumbled together. For instance, from what I can gather, Cliven Bundy appears to be a rancher who holds a strong, individualist view of property rights and espouses a ...

    Robert Tsai - Concurring Opinions -
  • Washington Law Review, Issue 89:1

    Volume 89  | Issue 1 Artificial Intelligence and the Law: Washington Law Review Print Symposium Washington Law Review, the flagship law journal at the University of Washington School of Law, released its spring 2014 print symposium, Artificial Intelligence and the Law.  As the title sugge...

    Concurring Opinions -
  • “Clear Eyes, Full Hearts, Vote No.”

    According to The New York Times, that is the message that Northwestern is sending to its football players, who vote Friday on whether to form a union.  While the University and its supporters are not doing anything improper in expressing their views, many of the arguments that they are advancing...

    Gerard Magliocca - Concurring Opinions -
  • Cardozo Law Review, Vol. 35, Issue 4

        CARDOZO LAW REVIEW VOLUME 35  APRIL 2014  NUMBER 4 Copyright © 2014 by Yeshiva University All rights reserved CONTENTS Articles Testing the Boundaries of Family Privacy: The Special Case of Pediatric Sibling Transplants Doriane Lambelet Coleman 1289 The Infringement Continuum Bern...

    Concurring Opinions -
  • Call For Papers

    The University of Georgia School of Law will host the Seventh Annual Junior Faculty Federal Courts Workshop on October 10-11, 2014.  The workshop pairs a senior scholar with a panel of junior scholars presenting works-in-progress.  Confirmed senior scholars include, at this time, Janet Alexander...

    Gerard Magliocca - Concurring Opinions -
  • Criticizing Justice Stevens

    John Paul Stevens has a new book out detailing six constitutional amendments that he would like to see ratified. Put another way, it’s about six cases that he lost. The book is not getting a good reception from some quarters, but I think the criticism is overdone. He’s 94 years old–cut the guy s...

    Gerard Magliocca - Concurring Opinions -
  • Misunderstanding General Mills

    On April 15, General Mills added language to its website which purported, “in exchange for benefits, discounts,” to subject consumers’ claims for use of General Mills products to arbitration and a class-waiver. General Mills, notably, was free to sue in court at will. When the Times noted the ch...

    Concurring Opinions -
  • The Bill of Rights As a Legal Fiction

    I’ve been thinking about the Bill of Rights lately.  Partly because I’m teaching a new seminar on it next Spring, and partly because I’ve written a draft paper on the Bill of Rights that I’ll be workshopping at Wisconsin next week. In this post I want to raise the following question–What purpo...

    1 Leser - Gerard Magliocca - Concurring Opinions -
  • Plagiarism in Legal Briefs

    I was having a conversation with a colleague the other day about the fact that there does not seem to be a clear set of norms about copying from another attorney’s brief.  Suppose I were working on a case and I read a brief that made a particular point really well.  If I cited that brief in an a...

    1 Leser - Gerard Magliocca - Concurring Opinions -
  • Decanonization

    I learned recently that once a saint is created in the Catholic Church that status cannot be revoked.  Not so for Supreme Court opinions or canonical legal texts.  A great deal has been written about the canonization of certain authorities (Marbury, Brown, Justice Holmes, the Bill of Rights), bu...

    Gerard Magliocca - Concurring Opinions -
  • The FTC and the New Common Law of Privacy

    I’m pleased to announce that my article with Professor Woodrow Hartzog, The FTC and the New Common Law of Privacy, 114 Colum. L. Rev. 583 (2014), is now out in print.  You can download the final published version at SSRN.  Here’s the abstract: One of the great ironies about information privacy...

    2 Leser - Daniel Solove - Concurring Opinions -
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