Top SCU-affiliated downloads from SSRN
July 08, 2008 at 2:22 PM
Here is a list of the most downloaded articles from SCU-affiliated scholars on the SSRN Network for the past 12 months.
1. Eric Goldman -- 1,626 downloads
2. Stephen Diamond -- 674 downloads
3. Stephanie Wildman -- 591 downloads
4. David Yosifon -- 565 downloads
5. Beth Van Schaack -- 355 downloads
6. Bradley Joondeph -- 259 downloads
7. Colleen Chien -- 222 downloads
8. David Richter -- 220 downloads
9. Ellen Kreitzberg -- 220 downloads
10. William Burns -- 177 downloads
SSRN (Social Science Research Network) is an excellent resource to acquire scholarly legal materials. It is quickly becoming a centralized location for scholars to upload their work that is being considered, or has been accepted, for publication.
D.C. Circuit Opinion cites to Jimi Hendrix
July 08, 2008 at 2:09 PM
Following the path emblazoned by Chief Justice Roberts' recent citation to Bob Dylan, a D.C. Circuit Court Judge has cited to a Jimi Hendrix song in her opinion for a case involving the False Claims Act.
From the opinion:
Forty years ago Jimi Hendrix trilled his plaintive query: "Is this love, baby, or is it … [just] confusion?" JIMI HENDRIX, Love or Confusion, on ARE YOU EXPERIENCED (Reprise Records 1967). In this False Claims Act case, we face a similar question involving a mortgage subsidy program initiated in that era: Is this fraud, or is it … just confusion? K & R Limited Partnership says it is the former, alleging that during the last 15 years, MassHousing has knowingly submitted excessive claims for subsidy payments to the federal government. The district court granted summary judgment for MassHousing, United States ex rel. K & R Ltd. P’ship v. Mass. Hous. Fin. Agency, 456 F. Supp. 2d 46 (D.D.C. 2006), and we affirm because there is no genuine issue as to whether MassHousing knew its claims were false.
K & R Limited Partnership v. Massachusetts Housing Finance Agency (opinion) -- D.C. Circuit Court of Appeals
Roberts' citation to Bob Dylan (opinion for Sprint Communications v. APCC Services) -- SCOTUS Blog
SL Bar Association offering CLE credit entirely within a virtual world
July 08, 2008 at 11:23 AM
Marking the first time that CLE credit is available for an entirely "in-world" event, the Second Life Bar Association announces an event on "Virtual World Legal Issues". The event will be free for SL Bar members (dues are currently at an amazingly low $2.20 a year). The event is accredited for one-hour of CLE credit in California and the United Kingdom.
When: July 15, 2008 at Noon (PDT).
Where: Second Life Bar Association, Justice Center, Malfelonius Island (click here for SLURL)
What: Virtual World Legal Issues by Field Fisher Waterhouse partner David Naylor
SL Bar Association to Offer CLE Credit for In-World Legal Seminars; Initial Sessions Free for Members -- Virtually Blind
Online video of debate between Eugene Volokh and Jack Rakove on the Heller decision
July 07, 2008 at 5:18 PM
There is an online debate on the Heller decision between Stanford's Jack Rakove and UCLA's Eugene Volokh. The site, Bloggingheads, is hosting the debate.
A Historian, a Lawyer, and the Heller Decision (video) -- Bloggingheads.tv
Summer fun: Judge Kozinsky on The Dating Game
July 07, 2008 at 4:17 PM
A new video from the late 1970s has recently drawn publicity in the legal blogosphere. It depicts future 9th Circuit Court of Appeals Chief Justice, Alex Kozinski, playing a round on the popular 70s television show, The Dating Game.
Kozinski on The Dating Game -- YouTube.com
Washington Post calls for rehearing in Kennedy v. Louisiana
July 07, 2008 at 10:29 AM
In light of the court relying on the false assumption that a federal statute permitting the death penalty for child rape did not exist, the Washington Post has today published an editorial calling upon the court to re-hear the case. A number of legal bloggers and others have been discussing how a federal statute in the Uniform Code of Military Justice does permit the death penalty for members of the armed forces for the crime of raping a child. The opinion of the court relied upon the assumption that such a federal statute did not exist, and that child rape was punishable by death in only six states.
Supreme Slip-up -- Washington Post (editorial)
Need to brush up on legal research skills before the fall?
July 07, 2008 at 10:20 AM
Are you needing to brush up on your legal research skills over the summer? Needing to prepare for the law review or an externship? You may find the CALI lessons on legal research to be helpful. They cover a wide variety of topics from finding statutes to using loose-leaf services. They are all Flash-based and usually take about 20-30 minutes to complete.
Complete list of legal research tutorials -- CALI.org
Recommended CALI lessons from Joe Hodnicki -- Law Librarian Blog
Legal research faux-pas affects Kennedy v. Louisiana case
July 03, 2008 at 11:51 AM
An interesting development in the recently decided Kennedy v. Louisiana case has emerged. The case dealt with the application of the death penalty for child rape. One of the reasons stated by the court for its decision banning the death penalty for child rape pivoted upon the fact that only 6 states, and not the federal government, permit it. This has turned out to be incorrect because in 2006 Congress made child rape punishable by death for members of the armed forces.
The state of Louisiana is now debating whether to ask the court to re-consider the case given this information. Additionally, lawyers at the Justice Department have admitted they failed to find this statute. The event further establishes how vitally important effective legal research is to jurisprudence and how small mistakes, or omissions, can result in huge consequences.
Manual for Courts-Martial (PDF format) -- contains the 2006 revision which includes the provision for the death penalty in cases of child rape.
- See page 360 for the relevant passage (left hand column, bottom of page)
Court opinion (Kennedy v. Louisiana) -- SCOTUS Blog
The Supremes dis the military justice system -- CAAFlog (a military justice legal blog)
In court rulings on executions, a factual flaw -- NY Times (Linda Greenhouse)
Justice Department admits error in not briefing court -- NY Times (Linda Greenhouse)
Blogger finds factual error in Kennedy's Kennedy decision -- Volokh Conspiracy (Jonathan Adler)
More on the overlooked military law in Kennedy v. Louisiana -- Volokh Conspiracy (Orin Kerr)
The NYT on the UCMJ -- Concurring Opinions (Carissa Hessick)
What if federal law allows the death penalty for raping a child and the Supreme Court analyzed "evolving standards of decency" without noticing? -- Althhouse (Ann Althouse)
(h/t to Amy Wright at USF's ZiefBrief)
Is it a crime for a gay Wisconsin couple to marry in California?
July 03, 2008 at 10:10 AM
Perhaps portending the legal battles to come, Ann Althouse writes today in her blog about a criminal statute in Wisconsin that punishes those who enter into an "illegal marriage" with a $10,000 fine and/or nine months in prison. The criminal statute is being supported by anti-marriage equality groups such as the Wisconsin Family Council.
Is is a crime for a gay couple in Wisconsin to get married in California? -- Althouse (Ann Althouse)
Interesting study on blog reading habits
July 02, 2008 at 4:44 PM
Three political science professors from George Washington University have recently published a study on blogs and their users' reading habits. The article, entitled "Self-Segregation or Deliberation? Blog Readership, Participation and Polarization in American Politics", contains some surprising results about the political affiliations of blog readers. The study compared the self-identified political affiliations of television viewers (particulary news programs) with self-identified "left-wing" and "right-wing" readers of political blogs. The researchers found that people who self-identify as "liberal" or "strongly-liberal" are more likely to view MSNBC and CNN (with PBS being the most popular for those who label themselves "strongly-liberal"). In contrast, those viewers who identified as "strongly-conservative" were more likely to watch FOX News.
The surprising element regarding blog readership, according to this study, is that blog readers tend to read blogs which align with their self-professed political affiliation. Left-wing readers read left-wing blogs, and vice versa. Surprisingly, very few people read both right-wing and left-wing blogs, but those view they do are overwhelmingly "strongly-liberal".
Blogs, participation, and polarization -- Crooked Timber