John Culbreath Blog

“Mr. Frank [former Overlawyered blogger Ted Frank] argued his own case on Wednesday, a rarity in the Supreme Court, and he exhibited comprehensive knowledge of the law and an only occasionally halting style.” [ Adam Liptak, New York Times ] The transcript of oral argument, in which several Justices expressed doubt that the lower court had adequately pinned down standing issues, is here . More on Frank v. Gaos and the cy pres issues it raises: Richard Wolf/USA Today , Daniel Fisher , Jim Copland , SCOTUSBlog , Federalist Society SCOTUSBrief video ; earlier here , etc. Tags: cy pres , Supreme Court , Ted Frank Ted Frank argues at SCOTUS curated from Overlawyered

Instructions : The year is 1802. Conflicts have emerged between the federal government, the northern states, and the southern states, concerning the federal bank of the United States. You are a law clerk for Chief Justice John Marshall. He has asked you to prepare a memorandum of no more than 1,000 words addressing five questions. — In 1791, Congress chartered the federal Bank of the United States for a term of twenty years. The federal government now operates at least one branch in each state in the Union. The Bank has become quite popular in the northern states, which primarily import foreign goods. However, the southern states, which have export-based economies, strongly disfavor the federal bank. Several major conflicts quickly arose. Virginia prohibited all banks in the state—public and private—from allowing their employees to work more than 40 hours a week. The legislature expressed a concern that overworked and tired bankers were less likely to keep accurate records. The ma...

Today we will cover categorical regulatory takings–that is takings considered under bright line rules without any type of balancing tests. The lecture notes are here . The Fifth Amendment provides: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Here is a photograph of the building at issue in Loretto v. Teleprompter. Here’s what it looks like today at 303 West 105th Street (it’s probably dark now): View Larger Map And here is a satellite pho...

The lecture notes are here . Bowers v. Hardwick This is Michael Hardwick. Planned Parenthood v. Casey This is Governor Bob Casey of Pennsylvania. Whole Woman’s Health v. Hellerstedt   ConLaw Class 21 – Modern Substantive Due Process II curated from Josh Blackman's Blog

Attempts to ban digital contraband are often fated to be both intrusive and futile [ J.D. Tuccille ] “The Gender Pay Gap: Why We Fight The Narrative” [ Ryan Bourne, Cato ] “He’s Back! Steven Wise’s Nonhuman Rights Project Seeks Habeas Corpus For An Elephant” [ Ted Folkman, Letters Blogatory , Wise’s previous go and generally ] Regulatory battles between hotel industry and AirBnB spread across U.S. [ Robert McCartney, Washington Post ] Concept of international human rights “has been swept into a broad river of campaigns for social justice, global economic development, environmental protection, multiculturalism, tolerance, access to water and sanitation, and more” and diluted in the process [ James Kirchick, Commentary on new Aaron Rhodes book The Debasement of Human Rights: How Politics Sabotage the Ideal of Freedom; Cato forum from May with Rhodes, Kirchick, Roger Pilon, and Ian Vasquez; Rhodes interview with John Couretas and Caroline Roberts, Acton Institute ] “Pro-tip from ...

Influencers offer the authenticity that buyers trust. Their relationship with their audience is not centered around selling merchandise, but rather, around informative and relevant content that interests their followers. When an influencer tells your brand’s story, it comes from the perspective of a consumer, rather than that of a business or marketing strategy. How does an influencer impact your solo/small firm practice? How can you reach them? Find out. Written by Susan Cartier Liebel The Power of Influencers to Bring Business to Your Solo/Small Firm Practice curated from Solo Practice University®

The developer of Do Not Pay, a free app for fighting parking tickets, has now turned his attention to small claims court [ Caroline Haskins, Motherboard ]: The app works by having a bot ask the user a few basic questions about their legal issue. The bot then uses the answers to classify the case into one of 15 different legal areas, such as breach of contract or negligence. After that, Do Not Pay draws up documents specific to that legal area, and fills in the specific details. Just print it out, mail it to the courthouse, and voilá — you’re a plaintiff. And if you have to show up to court in person, Do Not Pay even creates a script for the plaintiff to read out loud in court. Tags: access to justice , lawyers “New App Lets You ‘Sue Anyone By Pressing a Button'” curated from Overlawyered

Following robberies, the FBI is hitting Google with “reverse location” orders demanding that it turn over information on all users who were near crime locations at times crimes were committed. “Those users could be Android phone owners, anyone running Google Maps or any individual running Google services on their cell,” which will include many innocent persons. In a Henrico, Virginia, case, the FBI ordered Google to supply identifying information on all users within a several-block radius in a busy area. “Requests like this act as ‘general warrants’ and may violate the Fourth Amendment because they are not tied to a specific device,” said Jennifer Lynch, senior staff attorney at the Electronic Frontier Foundation. [ Thomas Brewster, Forbes ] Tags: cellphones , Fourth Amendment , Google “Feds Order Google To Hand Over A Load Of Innocent Americans’ Locations” curated from Overlawyered

The following is a guest post by Shaun Buck, CEO of The Newsletter Pro. Read on to learn more about how to create content for your firm and help build relationships to grow your practice . I’ve worked with hundreds of law firms over the years, and in my experience, the vast majority of attorneys are incredibly good at what they do. When a client comes into the office, their case is handled expertly and the resolution is all the client could’ve hoped for. But many attorneys tend to struggle with getting potential clients to walk through the door in the first place. Running a practice requires more than just legal expertise and involves lots of skills that no law school teaches. Once a law firm understands how to market themselves and harness the power of past clients for referrals, their business can really take off. Like it or not, a law firm is a small business just as surely as a dental office or restaurant is. You can be the best attorney in the world, but if nobody knows about ...

The lecture notes are here . First, start with the text of the 5th Amendment: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process, of law; nor shall private property be taken for public use, without just compensation.” Here are a number of photographs of Susette Kelo and her home, courtesy of the Institute for Justice (the public interest law firm that litigated Kelo to the Supreme Court). Susette Kelo in front of her little pink house. After the case, Kelo disassembled the house, and moved it across town. It was moved from 8 East S...

The lecture notes are here . Griswold v. Connecticut Here is Estelle Griswold, the lead plaintiff at the Planned Parenthood Center of New Haven, Connecticut. Here is a photograph of Dr. C. Lee Buxton and Estelle Griswold after their arrest. A penumbra is a partial shadow outside the complete shadow of an opaque body. Roe v. Wade This is Norma McCorvey (“Jane Roe”) protesting outside the Supreme Court in 1989 with her lawyer, Gloria Allred, after arguments in Webster v. Reproductive Health Services. Here is McCorvey in 1985. Roe didn’t even make top billing in the Times. LBJ died on decision day. In 1996, McCorvey came out as opposing abortion. She noted that she lied in affidavits submitted to the Supreme Court, and she was never raped, let alone gang raped. I could not find a full, color photo of the Leutze painting. Here is the best version I could find. Here is another portrait of Taney: ConLaw Class 20 – Modern Substantive Due Process I curated from ...

Politicians interfere with a complex industry they don’t understand: when the $15 minimum wage came to New York car washes [Jim Epstein, Reason: article , 13:32 video ] “D.C. Repeals a Minimum Wage Hike That Restaurant Workers Didn’t Want” [ Eric Boehm, Reason ] “Tipping lawsuit leads popular Salem restaurant to declare bankruptcy” [ Dan Casey, Roanoke Times ] Challenging a premise: “Why a federal minimum wage?” [ Scott Sumner ] “Pew Map Shows One Reason a National $15 Minimum Wage Won’t Work” [ Joe Setyon, Reason ] New evidence on effects of Seattle $15 minimum: benefits go to workers with relatively high experience, “8% reduction in job turnover rates as well as a significant reduction in the rate of new entries into the workforce.” [ NBER ] “Minimum wage hike in Venezuela shuts stores, wipes out many jobs” [ Hans Bader ] “Ontario labour minister’s office vandalized after minimum wage cap announced” [ Canadian Press , CBC background of Ford provincial government rollback of ...

The Tax Foundation has published its guide for this year to tax-related ballot initiatives. Among the measures: easier transferability of Prop 13 limited assessment to another home (California), new taxes on business to fund homelessness programs (San Francisco), replace flat with progressive income tax (Colorado), require two-thirds legislative vote for tax hikes (Florida), create taxpayer cause of action against unlawful expenditures (New Hampshire), carbon tax (Washington). Tags: politics , taxes Ballot measures on tax issues curated from Overlawyered

This sentence deserves an award: “Harvard has testified that race, when considered in admissions, can only help, not hurt, a student’s chances of getting in.” [ Anemona Hartocollis, New York Times , via Ramesh Ponnuru, National Review ] Filed under: Harvard , racial preferences Harvard’s magical way of applying thumbs to scales curated from Overlawyered

I’ll be giving lunchtime talks at two law schools in Kansas next week, courtesy local chapters of the Federalist Society. On Monday I’ll visit Washburn University Law School in Topeka, where Prof. Joseph Mastrosimone will provide comment. And then on Tuesday I’ll speak at the University of Kansas School of Law in Lawrence. My topic at both campuses will be “A Libertarian Looks at Employment Law.” Come say hello! Tags: Kansas , live in person , workplace Speaking in Kansas next week curated from Overlawyered

“Doctors as Data Entry Clerks for the Government Health Surveillance System” [ Jeffrey Singer, Cato ] “Judge Orders Spine Surgeon to Pay Discovery Fees Over Funding Model” [ Greg Land, Daily Report Online (Atlanta); defense lawyer says case “throws a harsh light on the interaction between personal injury lawyers, healthcare providers and litigation funders”] What if feds’ enforcement policies on truthful off-label pharmaceutical promotion run aground on First Amendment considerations? [ James Beck, Drug and Device Law ] Chronic pain patients: “Civilian Casualties Continue to Mount in Governments’ War on Opioids” [ Jeffrey Singer ] Feds’ tightening of opioid scheduling cut refills, but increased number of pills initially prescribed [ same ] So sinister for psychiatrist to take cash payment and keep night hours in a rented office, or is it? [ Ira Stoll ] Certificate-of-need laws: “North Carolina Doctor Sues to Break Up State-Enforced Medical Cartels” [ Christian Britschgi, Reason ]...

Starting or restarting a law practice can be daunting, especially when you can't get a handle on a business plan in action, in real time. That's why we are so excited that Attorney Mike Whelan is tracking the relaunch of his law practice. He shares everything from income to costs. We hope you benefit from Mike's efforts. Written by Mike Whelan, Jr. An Experiment in Transparency: Monthly Report: March 2018 curated from Solo Practice University®

Kings County Politics investigates a series of cases in which New York City has seized the properties of Brooklyn homeowners after procedurally or substantively dubious findings of distressed condition or tax/water arrears. In some cases the city then hands the property over to politically connected developers. “Public Advocate Letitia James [has] called for a temporary freeze of the Department of Housing Preservation and Development’s (HPD) Third-Party Transfer (TPT) program” to address the concerns. [ Stephen Witt and Kelly Mena, Kings County Politics ] Tags: NYC , property rights , real estate Investigative series: NYC home seizures curated from Overlawyered

Symbolic legislation in the Scottish Parliament with a Monty Python flavor: mapmakers told to incorporate more blue space so as to encourage proper empathy for the challenges of remoteness faced by the Shetland Islands. Please don’t anyone pass on this idea to the elected officials of Hawaii, or the overseas departments of France. [ BBC , Lowering the Bar ] Filed under: Scotland “Ban on putting Shetland in a box on maps comes into force” curated from Overlawyered

Retired Justice Sandra Day O’Connor has released a letter to the public about her declining health. O’Connor is rightly admired for her inspiring life story and unswerving loyalty to the highest civic principles as well as the ideals of the judiciary. Even at this difficult moment of her life, as the letter shows, she is intent on advancing the res publica. That O’Connor was the swing Justice of her day did not mean that her role on the Court came down to trimming or compromise. Together with fellow Arizonan Rehnquist, no one was more central in the Court’s reinvigoration of federalism, drawing on her record as the only Justice of our era with extensive service in a state legislature. She has led public discussion in the right direction on issues ranging from professional responsibility and race and redistricting to judicial elections . And as I noted in 2005 , if a single jurist deserves our thanks for helping turn back what had seemed like an irresistible trend toward ever m...

The lecture notes are here . The First Amendment provides: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Section 5 of the 14th Amendment provides: 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Here are some photographs of the  St. Peter the Apostle Church  in Boerne, Texas, the subject of City of Boerne v. Flores. I suppose this church makes an exception to the “Though Shalt Not Kill” Commandment for the Religious Freedoms Restoration Act, which met its constitutional demise within the hallowed walls of this house of worship. These photographs are courtesy of Hanah Volokh. Here is a map of the Village of Belle Terre in Long (not Staten) Island. Today, roughly 800 people live in ...

The lecture notes are here . Frontiero v. Richardson This is Sharron and Joseph Frontiero   Craig v. Boren Here is a photograph take in 1996 on the 20th anniversary of Craig v. Boren. The photo shows Fred Gilbert (criminal defense attorney who argued for Oklahoma), Carolyn Whitener (co-plaintiff and owner of Honk n Holler convenience store) Justice Ginsburg (who argued the case), Curtis Craig (college student and co-plaintiff, now president of Explorer Pipeline Co.). This is the Honk-N-Holler Grocery store, where the light-beer was sold. (Courtesy of Clare Cushman) United States v. Virginia This is the Virginia Military Institute. Here are some of the first female cadets that graduated from VMI. And here is Ruth Bader Ginsburg, also known as the Notorious R.B.G. (Yes, there is a tumblr ) And here is a picture of Scalia and Ginsburg riding an elephant in India. Cleburne v. Cleburne Living Center This is the location of the former Cleburne Living ...