Here is the audio podcast summary for the background material in federal courts. fctsintro. I’ll post the summary for justiciability at the end of the week, after we finish discussing the political question doctrine. In the meantime, let me know if you have questions, if you would like me to address things differently, or if you would like me to address anything in greater depth.
Federal Courts Background Material
Sep 9th, 2010 by Marcia McCormick
Background materials for criminal law
Sep 9th, 2010 by Marcia McCormick
We’re not too far into the semester, but we’ve already covered some of the most important and most fundamental material in criminal law. I’ve done four podcast summaries of that foundational stuff:
Let me know if there is anything I can explain differently or further, or if there are additional things you would like.
Federal taxpayer v. state taxpayer standing
Sep 9th, 2010 by Marcia McCormick
This originally appeared in September of 2009:
The 6th Circuit allows state taxpayer standing to challenge spending by state agencies in violation of federal establishment clause. See the ACLU’s press release for more details. So when you see a cause lawsuit like this one, it’s important to look at what injury the plaintiffs are alleging, in what capacity they allege that they are suing, and who caused the injury in what way. These plaintiffs didn’t have standing as federal taxpayers, but did as state taxpayers.
Potpourri of Back to School
Sep 9th, 2010 by Marcia McCormick
This originally appeared in August of 2009:
As we all get back into the swing of things, I wanted to share some links for useful information on organizing, note taking, and productivity. First, one don’t: Don’t try to multitask. It turns out that we’re not good at it. Second, one do: Do write about what you are reading or have heard. Writing and otherwise manipulating ideas, is learning.It’s not easy, but it’s worth it.
Here is a link to an overview of some cognitive psychology–it’s called Bloom’s taxonomy of learning, and it describes the different kinds of learning we do, and the difficulty level. Most people who come to law school are excellent at the knowledge and comprehension levels and expect that these are what they need to continue to do well in law school. That is true, but only as a first step. We’re trying to get you to become experts at all of the other levels that follow, and it is those kinds of learning you must demonstrate on exams.
So how do you get there? Here is one link about note taking and different ways to do it, and here is another (yes, I’m addicted to lifehacker). Here is another link about a particular method–one that I was actually taught in junior high school. Craziness, but it’s particularly useful for reading assignments.
Here is a general productivity description in the model of David Allen’s “Getting things Done.” And just to round things out, here is a good link on stress management.
Happy new semester!
Fodder for next semester or next year’s exams
Sep 9th, 2010 by Marcia McCormick
This appeared originally in November 2008:
So Larry Langford, Mayor of Birmingham got arrested in a kickback scheme, and today, Rod Blagojevich, Illinois’ governor was arrested for making Illinois state government a pay to play system. Lots of good stuff in there . . .
Interesting recent case and immaturity
Sep 9th, 2010 by Marcia McCormick
This was originally posted in November of 2008:
You might find this current case interesting in light of our discussion in class on immaturity. Prosecutors in St. Johns, Arizona are seeking to try an 8-year-old as an adult. The article also explains the process the parties will have to go through to make the determination.
Career advice–litigation v. transactions
Sep 9th, 2010 by Marcia McCormick
This was originally posted in July of 2008:
Jeff Lipshaw, a professor at Suffolk Law School has a nice post about choosing a litigation or transactional career here. He explains things in a way that lots of professors really can’t.
Exam taking
Sep 9th, 2010 by Marcia McCormick
This originally appeared in May of 2008:
I know it’s completely unhelpful for the exams just finished, but yesterday, at Prawfsblawg, Rick Hills had an interesting post on essay exam writing–his advice was to focus on the facts more, and I agree wholeheartedly. In my classes, I’ll keep giving similar advice, but feel free to come talk to me more if you’d like.
Federal Courts issues are everywhere!
Sep 9th, 2010 by Marcia McCormick
This originally appeared in May of 2008:
Today’s New York Times has a story about improperly appointed judges. The judges are patent judges and the issue is not whether they may be article I judges. That is settled because of the plenary power Congress has over patent issues. The issue instead is about the appointments clause, which requires that “inferior officers” be appointed by “department heads” which is universally thought to be cabinet-level heads. Since 2000, the director of the Patent and Trademark Office, rather than the Secretary of Commerce, has appointed these judges. And the S. Ct. has held that judges are “inferior officers” and not mere employees.
“But the Justice Department has already all but conceded that Professor Duffy is right. Given the opportunity to dispute him in a December appeals court filing, government lawyers said only that they were at work on a legislative solution.”
“They did warn that the impact of Professor Duffy’s discovery could be cataclysmic for the patent world, casting “a cloud over many thousands of board decisions” and “unsettling the expectations of patent holders and licensees across the nation.” But they did not say Professor Duffy was wrong.”
“If it was a legislative mistake, it may turn out to be a big one. The patent court hears appeals from people and companies whose patent applications were turned down by patent examiners, and it decides disputes over who invented something first. There is often a lot of money involved.”
This is as big as the bankruptcy issue in the late 70s, early 80s.
Sick of politics?
Sep 9th, 2010 by Marcia McCormick
This originally appeared in December of 2007:
Try this if you like philosophy.